trcsB District A COMPLETE INDEX OF THE NOTES IN ANNOTATED CASES (American and English) VOLUMES 1 TO 1918E BY EUGENE G. KREIDER MEMBER OP THE BAR OF STATE OF WASHINGTON BANCROFT-WHITNEY COMPANY EDWARD THOMPSON COMPANY SAN FRANCISCO, CALIFORNIA NORTHPORT, L. L, N. Y. 1922 1922 COPYRIGHT, 1922 BY BANCBOPT-WHITNEY COMPA5TT SJLS FRAKCISCO THE PILMER BBOTHKKS ELECTROTYPE TYPOOKAPHBKS AKD STEREOTY.EEES PREFACE. This Index has been compiled after a careful reading of all the notes in the fifty-three volumes of Annotated Cases. It covers not only the principal annotations but all supplementary matter, even though such matter has not, in the reports, any separate headings. This Index is not a mere compilation of titles of notes which are often quite general ; full reference has been made to discussions comprised in the notes regardless of the general titles. The system of cross-references has been made as simple as possible, the purpose being to group under each title all such notes as are cognate to its subject, thus avoiding the frequent necessity of sending the searcher from one topic to another. Further than this, a great many common sense or practical headings have been introduced, in order to put the searcher more quickly in possession of the application of a legal principle to the particular question he has in mind. To facilitate search for particular points the Index references have been arranged alphabetically, thus avoiding the necessity of reading every note under a topic or a division thereof when looking for a certain point. In addition to this Index of the notes, the publishers have issued, in two volumes, a complete Digest of the cases found in this series of reports. This Index and that Digest of the reported cases should be used in conjunction, for in this book the notes alone are referred to. EUGENE G. KREIDER. (iii) INDEX TO THE NOTES IN ANN. CAS. 1 ANN. CAS. TO ANN. CAS. 1918E A ABANDONMENT. Adverse possession of land, what tempo- rary breach, in possession amounts to abandonment. 1916A 606. Alienation of affections, actual abandon- ment as prerequisite to action. 1918A-647. Appeal, effect of abandonment on liabil- ity of sureties on appeal bond. 1916C-1226. Attorney's contract of employment, suf- ficiency of grounds for abandonment. 1912D-640. Bed of navigable stream abandoned by change in course as affecting title of riparian owner. 13-50. Cemetery, what constitutes abandonment and effect thereof. 15-173. Child, abandonment as affecting necessity of parent's consent to adoption. 1914A-222. Corporate purpose, abandonment as ground for suit by minority stock- holders to wind up corporation. 1918E-427. Cropper contract, effect of abandonment on rights of parties. 1915A-1114. Domicile, abandonment as affecting di- vorce decrees. 5-31. Eminent domain, abandonment of occupa- tion by condemnor as necessitating return of condemnation money by land owner. 1917C-1136. Index to Notes 1 (1) ABANDONMENT Continued. Homestead, acts constituting abandon- ment. 12-786. husband's abandonment as depriving wife or family of rights therein. 11-423. involuntary or compulsory absence as abandonment. 8-681; 1917E-112. Husband and wife, abandonment of wife who has separate property or income. 1916A-857. criminal offense, abandonment of wife by husband as. 1912B-280. failure to support wife, criminal prose- cution as barred by separation agree- ment. 1912D-1096. minor, abandonment of wife by. 1914D-590. venue of criminal prosecution of hus- band for abandonment of wife. 1913C-596. widow's allowance as affected by volun- tary separation. 1916C-866. Insurance contract, abandonment by in- surer as ground for recovery of pre- miums paid. 4-124. . Joint adventure, rights and liabilities of parties. 17-1026; 1912C-203; 1916A- 1214. Landlord and tenant, assignee's abandon- ment of leased premises as relieving him from liability for rent. 191 6E- 805, 842. 2 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ABANDONMENT Continued. rights and remedies of landlord on abandonment of premises by tenant. 14-1088. unsafe premises, right of tenant to abandon after discovery of concealed defects. 1-680. Malicious prosecution, abandonment of proceedings as termination sufficient to support action for malicious prose- cution. 1914B-1285. Mining lease, covenant for diligent prose- cution of work as affected by abandonment. 2-446; 20-1170; 191 7E- 1146. Municipal corporation, abandonment of commission form of government. 1917C-1120. Property, right of finder of lost or abandoned property. 1-4; 11-706. Public lands, abandonment of homestead under federal law. 8-681. exemption from prior debts as affected by abandonment of homestead on government land. 1912D-284. Public officer, abandonment of office as affecting right to enforce subsequent restoration. 12-18. salary, right to as affected by abandon- ment of office. 1918R-441, 452. Railroad right of way, circumstances es- tablishing abandonment. 11-769. Salvage recovery as affected by abandon- ment of initiated, salvage services. 17-1159. State, Spanish or Mexican land grants. 19-375. Streets and highways, compensation for vacation of street, persons entitled to. 15-687; 1913I>-790. power to vacate streets. 2-87. Threatened injury, abandonment as af- fecting plaintiff's right to injunctive relief. 1915D-1253. Vessel, abandonment as authorizing cargo owrier to treat contract of affreight- ment as ended. 4-412. Written contract for sale of land, neces- sity that abandonment be in writing. 14-729. sale of goods, necessity that abandon- ment of written contract be in writ- ing. 1918C-1213. ABATEMENT. Legacies and devises. See Wills. Xuisance. See Nuisances. Pleas in abatement. See Pleading. ABATEMENT AND REVIVAL. See Actions and Proceedings; Mandamus. ABBREVIATIONS. "Et al.," substitution in place of names. 14-571. "Etc.," legal meaning. 1912C-172. "Jr.," effect of use in connection with name. 1917A-1211. Judicial notice. 17-492. O. K., meaning of. 1915C-197. "S," addition or omission of final "s" as affecting application of doctrine of idem sonans, 1918A-351. "Sr.," effect of use in connection with name. 1917A-1211. ABDOMEN. Injury to abdomen, adequacy of verdict. 1916R-390. ABDUCTION. See Kidnaping. Admiralty jurisdiction of action for abduction. 13-1218. Father's right to maintain civil action for damages for abduction of child. 1914A-896. Mother's right to sue for abduction or enticing away of child. 11-1172. Taking from custody of parent as ele- ment of crime of abduction of child. 1913A-585. ABILITY. Representations as to another's ability as required to be in writing under stat- ute of frauds. 1-690; 12-332; 1914A- 953. ABODE. See Domicile; Residence. Domicile as synonymous. 1915C-784. Meaning of term. 1912C-282. ABORTION ABSENCE. ABORTION. Accomplice, woman upon whom com- mitted as. 12-1009; 1916C-629. Advertising, prohibitory statutes. 1916A- 903. Cruel and unusual punishment for in- ducing woman to take drug for pro- ducing miscarriage, what constitutes. 1916C-627. Dying declaration, admissibility in prose- cution. 6-70. Indictment, means used, necessary allega- tions as to. 11-221; 1912D-1325. Inducement to commit offense with view to prosecution therefor as defense. 17-295. Necessity for abortion, burden and suffi- ciency of proof. 19-636. Pregnancy as element of crime. 21-522. Woman's statements made before or after operation, admissibility in evidence. 11-217; 1913A-531. ABOUT. Quantity, meaning of term when used with reference to. 1918D-693. Time, meaning of, "about" when used with reference to time. 17-742. ABRASIONS AND SCRATCHES. Accident arising out of and in course of employment, within Workmen's Com- pensation Act. 1913C-6. ABRIDGMENT OF RIGHTS. Appeal. See Appeal and. Error. Civil rights. See Civil Bights. Jury trial. See Jury. ABROGATION. Estates by entireties. 2-559; 20-196. ABSENCE. Accused, validity of sentence in absence of accused. 6-453. Adverse claimant from state or county as interrupting continuity of possession. 1916A-611. ABSENCE Continued. Death presumed from absence, facts which must be shown in connection with absence to establish. 7-573; 14- 242; 1915B-682; 1918D-758. less than seven years' absence, facts sufficient to raise presumption of death. 1916B-67. time of death within rule of presump- tion of death from absence. 1917A- 82. Flagman absent where one usually sta- tioned, as evidence of negligence. 4-296. Homestead abandonment or forfeiture as created by involuntary or compulsory absence. 8-681; 1917E-112. Husband, absence as clothing wife witn implied authority as agent. 1913C- 880. Judge, duty not to absent self from trial. 2-8; 16-627. Leave of absence to officer or employee with pay, right of school or other municipal authorities to grant. 1915B-796. Limitation of action, exception in stat- ute as to time defendant is absent from state as applicable to non- residence at time of accrual of action. 1912D-467. judgment debtor's absence as affecting running of statute against action on judgment. 1914D-743. mortgagor's absence from state as sus- pending running of statute against foreclosure. 8-1173. return of debtor to state sufficient to start statute running. 14-941. Party, witness or counsel absent in di- vorce case as ground for continuance. 1914B-360. Public officer, meaning of "absent" or "absence" as applied to. 1912C-351. Servant, absence as ground for discharge. 1916A-1024. Settled pauper, absence as affecting settlement rights on division of dis- trict. 10-34. Teacher, absence as affecting right to make reduction from compensation. 1914D-141. Witnesses, competency of former testi- mony of absent witness in criminal case. 1-471; 13-973; 1913C-464. continuance of case as avoided by ad- mitting proposed testimony of absent witness. 1913C-488. 4 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ABSENCE Continued. evidence to explain absence of witness. 1912B-1014. wills, mode of probate in absence of witness. 1914C-905. ABSENT FROM STATE. Meaning of term. 1912D-471. ABSENT WITNESS. Testimony on former trial, competency in criminal cases. 1-471; 13-973; 19i3C- 464. ABSOLUTE. Meaning as applied to duty or liability. 1916B-296. ABSOLUTE DEED. See Mortgages. ABSTRACT PROPOSITIONS. See Instructions, ABSTRACTS OF TITLE. Abstractor's liability on account of ab- stract made by Mm. 12-410; 1912B- 840; 1915D-448; 1918E-93. Examiners of title under Torrens Acts. 1913C-872. Negligence in preparation or examination, right of third party to recover dam- 1-755. Professional abstractors, right to make abstracts of public records without payment to custodian. 6-543. Title insurance company as abstractor. 1914D-646. ABUSE OF PROCESS. Executor or administrator, personal lia- bility to third person for abuse of process. 21-357. Malicious abuse of process and malicious prosecution, distinction between. 3- 722; 1915A-831. ABUSIVE LANGUAGE. See Breach of Peace; Disorderly Conduct. ABUTTING OWNERS. See Streets and Highways. Access to public grounds, vested right of abutting owner. 1915C-177. Areaway in sidewalk, right to construct. 2-366; 20-543. Bridge over street, right of abutting owner to erect. 17-246. Building materials stored in street, duty of abutting owner, as to safeguarding and removing. 2-503; 10-918. Coal-hole in sidewalk, liability of abut- ting owner for injury sustained by pedestrian. 19-467. Damages, exoneration between city and abutting owner. 1-945; 14-1047; 1918C-1144. Earth and minerals in highway, rights of abutting owner. 2-596; 11-445. Intoxicating liquor license, consent of abutting owners to issuance. 1-60. Municipal officer or employee repairing public highway, injury to abutting owner by wrongful act, liability of municipality. 21-1346. Obstruction in highway interfering with access to property, right of abutting owner to abate as nuisance. 11-287. of street in violation of ordinance as negligence on part of abutting owner. 1912A-795. Railroads, damages caused abutting owner arising from blasting, depositing rock or earth, obstructing access to land or changing grade by construction of railroad on right of way, liability for. 19-339. laying tracks in street, right of abut- ting owner to enjoin. 13-23; 1913E- 874. Shade trees, rights of abutting owner in. 1-785. Snow and ice, right to deposit on street. 1913D-187. Special assessment against abutting prop- erty for laying water pipes in street, right of. 5-905. personal liability of abutting owner for special assessment. 17-1255. Telegraphs and telephones, compensation of abutting owner for occupation of highway for telegraph line under act of Congress. 1-533. cutting down telegraph or telephone pole erected on or in front of prop- erty, right of abutting owner. 14- 579. ABUTTING PROPERTY ACCEPTANCE. ABUTTING OWNERS Continued. Transfer of rights in street, validity and effect of contract. 1912A-1179. Trees injured in use of streets by public service corporations, liability to abut- ting owner. 2-642; 12-251. Vacation of street, right of abutting owner to compensation. 15687; 1913I>-79JO; 19160-238. ABUTTING PROPERTY Park frontage as constituting. 1-60. ACCELERATION. Death of diseased or injured person, ac- celeration as homicide. 4-958. Maturity of debt, provision for accelera- tion on default in payment of inter- est or instalment of principal as usurious. 1917D-725. Mortgage debt, effect of acceleration clause on accrual of action. 2-854. Remainders, acceleration of remainder. 1913E-421; 1914A-S56. ACCEPTANCE. Baggage check accepted by carrier as constituting delivery. ' 14-913. Beneficial associations, acceptance of ar- rearages due on beneficiary certifi- cate as waiver of forfeiture for non- payment. 11-539. Bill of exchange, acceptance as effected by retention or refusal to return. 8- 612. construction of acceptance conditioned on possession or availability of funds, 1918A-941. Bill of lading or receipt, acceptance as raising presumption of shipper's as- sent to contract limiting carrier's lia- bility to value expressed. 1913D- 984. Building contracts, use of structure or work by owner as constituting ac- ceptance sufficient to waive nonper- formance of contract. 15-972. Checks, sufficiency of acceptance of bank check to bind drawee. 11-284. Corporation, acceptance 1917D-516. of office in. ACCEPTANCE Continued. Dedication, implied acceptance by pub- lic user of land dedicated to public use. 3-792. necessity for acceptance by municipal- ity where land is dedicated to public use. 1917D-452. Deed, acceptance by municipality or other corporate body, what consti- tutes. 1914D-507. grantor as agent of grantee for purpose of acceptance. 121072. 1 presumption of delivery and acceptance of deed from parent to infant child. 1912A-230. Delivery of goods to carrier as constitut- ing acceptance within statute of frauds. 2545. Deposit in bank as gift, necessity of ac- ceptance by donee. 1917E-369. Guaranty, acceptance contemporaneous with offer as basis for absolute guar- anty. 15-1165. Insurance contract, acceptance as con- stituting consummation of contract. 9-221. Juror, acceptance as waiver of right of peremptory challenge. 19-768. Landlord and tenant, entry by landlord for purpose of repairing premises as constituting acceptance of tenants' surrender of lease. 1912D-974. waiver of breach of cotenant against as- signment or subletting by acceptance of rent. 1913A-1202. Municipal corporation, acceptance of de- fective street work by independent contractor as affecting municipal lia- bility. 16-438. Option, manner of accepting as affecting right to enforce. 1913A-365. Principal sum due, acceptance as waiver of interest. 1912B-1333. Eesignation from public office, necessity of acceptance. 13-873. Sales, act of buyer in selling or offering to sell goods as sufficient acceptance to satisfy statute of frauds. 1913B- 275. consummation of contract of sale by ac- ceptance of offer once rejected. 1917C-987. instalment of goods accepted as pre- cluding rejection of later instalments. 20-528. INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACCEPTANCE Continued. samples accepted as constituting sale of goods within statute of frauds. 4- 187. Uniform Sales Act, as affecting accept- ance of goods. 1918D-403. vendee's discovery of mistake in price at which offered, effect of acceptance. 13-1149. Stock certificate, acceptance by sub- scriber as constituting him a stock- holder. 1913C-420. Subscription, necessity and sufficiency of acceptance to render enforceable. 17-1076. Will, acceptance of benefit under will, as estoppel to object to disposition by testator of property of beneficiary. 9-956; 21-556. Workmen's Compensation Act, election of parties to accept. 1915C-308. [Written offer, necessity of written ac- ceptance to constitute sufficient mem- orandum under statute of frauds. 1913A-1041. ACCESS. Husband's access as affecting admissibil- ity of evidence of acts of illicit in- tercourse by another on issue of legi- timacy of child born in lawful wed- lock. 1916A-1187. Interference of abutting owner's right of access to property by obstruction of street as abatable nuisance. 11-287. Obstruction of access by constructing railroad on right of way, liability for damages. 19-340. Public grounds, abutting owner's right of access. 1915C-177. Eiparian proprietor, right of access to waters. 1-1 S4. * right of access as including right to construct wharf or pier. 11-11. ACCESSION. See Confusion of Goods. Property mortgaged or sold, right of chattel mortgagee or conditional ven- dor to accession thereto. 1917C-1170. ACCESSORIES. See Criminal Law. ACCIDENT. See Negligence. Absence of accident as admissible evi- dence in negligence actions. 5-1014. Accidental discharge of firearm, while hunting, civil liability for shooting another. 1918C-386. Animal insurance, accident as cause of loss under policy. 1915A-616. Automobile insurance against casualty. 1917D-57. Confusion of goods resulting from mis- take or accident. 1913B-678; 1918A- 746. Contract, accident as excuse for nonper- formance. 1-466. Disease as accident. 2-140; 15-886; 1913A-1121; 1918B-297, 345, 354. Disease resulting from accident as within terms of accident insurance policy. 5-87. Employers' Liability Act, what is "acci- dent arising out of and in course of employment" within act. 1914D- . 1284. Extraordinary accident, anticipation as affecting municipal Liability for main- tenance of bridge. 15-842. Homicide, accident as defense, necessity of proving motive. 1912C-23S 1 . burden of proof on issue of accidental killing. 11-309. involuntary manslaughter, when acci- dental discharge of weapon consti- tutes. 1-34. Hours of Service Act, unavoidable acci- dent as excuse for failure to comply with federal act. 1915D 164. Injunction, accident as ground for en- joining proceedings in court of law. 5-727. Lease, meaning of accident as used therein, 1913A-1101. Notice of accidental injury required under employers' liability insurance policy, construction and effect of con- dition. 1914A-271. Place of accident, meaning of word "near" with respect to description of place. 1913D-121. Presumption of accident from unex- plained disappearance of person. 1912C-901. Prior accident at same place on defective street, admissibility in evidence. 16- 636. ACCIDENT INSURANCE. ACCIDENT Continued. Workmen's compensation, accident aris- ing out of and in course of employ- ment within meaning of act. 1913C 4; 1914B-498; 1916B-1293; 1918B- 768. ACCIDENT INSURANCE. "Accidental means" of injury, intentional exertion as constituting within mean- ing of policy. 1-789 ; 1917A-88. Application, statutes requiring copy at- tached or delivered with policy. 14- 1095. Autopsy or examination of body of in- sured, construction of provision in policy giving insurer right. 1916A- 156. Blindness or defective vision as sickness, disease or bodily infirmity. 1913A- 766. Blood poisoning, accidental fall abrading the skin as within exception of poi- soning or disease clauses. 5-158; 7 4S7. resulting from intentional battery, as accidental means. 6-958. "Confined to house," meaning of term or similar phrase in policy. 18-1111; 1915A-262; 1918C-531. Creditor's bill, interest under accident policy as reachable by. 1914B-959. Death as accidental, burden of proof and sufficiency of evidence. 9-916; 1916B- 229; 1918B-1125. disease causing death, construction of clause in policy excepting. 5-86; 1917C-463. Disease as accident within meaning of policy. 2-140; 1913A-1121; 1918B- 298. accident causing disease as within terms of policy excepting death caused by disease. 5-87. Double indemnity when insured is in- jured while "riding as passenger," etc., construction of provision in pol- icy. 1913A-840. Evidence of accidental death under pol- icy, burden of proof and sufficiency of evidence to show. 9-919. Eyesight, what constitutes loss. 191SA- 531. ACCIDENT INSURANCE Continued. Eye-witness of accidental character of injury, validity and construction of clause in policy requiring. 1915C- 817. Fighting, injuries received, right to re- cover under policy. 1916C-579. Fires, injury "caused by burning of build- ing" or similar phrase, construction of provision in policy. 1913A-554; 1917C-410. Fits, injuries from fits, construction of provision in policy with respect to. 1914C-312. Hernia clause in policy, construction. 1918A-710. "Immediately" or "at once," meaning aa used in policy with respect to disabil- ity following accident. 1914D-380; 1917D-854. "Intentional act" of insured or another, construction of policy provision relat- ing to injury resulting from. 1914C- 1236. Intoxication, exception as to death or in- jury while "intoxicated" or "under the influence of intoxicants," con- struction of policy. 13-516. Limitation on suit, when begins to run against policy providing period in which action must be brought. 8- 1065. Loss or severance of limb or member, what constitutes within meaning of policy. 1917B-1008. Notice of accident within time prescribed by policy as condition precedent to ' recovery. 14-292; 1914D-412. waiver of policy provision requiring notice of injury. 21-919; 1917A-114. Occupation of insured, what constitutes breach of condition of policy relating to. 7-568; 1916B-739. Poisoning from contact with poison ivy as not bodily injury by external means. 3-934. resulting from voluntary act as within accident insurance policy. 1-255. "Public highway," meaning of term as used in accident insurance policy. 1912C-607. Sleeping, injuries sustained during sleep, liability of insurer against accident. 6-554. 8 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACCIDENT INSURANCE Continued. Standard policy, construction of statute requiring. 1916D-670. Subrogation of company to rights of in- sured against person causing injury, right of. 16-635. Sunstroke clause in policy, construction of. 10-854; 1918A-523. Time to bring suit, waiver of provision in policy limiting. 1916C-449. "Total disability" clause in policy, con- struction. 7-815; 21-1031; 1918C-113. Visible injury or similar term, construc- tion of provision in insurance con- tract. 1915A-537. "Voluntary exposure to unnecessary dan- ger," construction of term as used in policy. 10-451; 18-1125; 1916B-273. Walking or being on railroad, construc- tion of exception in policy in case of accident to insured while so engaged. 12-44; 19130^26. Workmen's compensation, right to award as affected by receipt of accident in- surance. 1918B-635. "Wound," what constitutes, 12-184. ACCOMMODATION PAPER. See Bills and Notes. ACCOMMODATION PARTIES. See Bills and Notes. ACCOMPLICES. See Criminal Law. ACCORD AND SATISFAC- TION. See Compromise and Settlement; Release and Discharge. Claim against government, state, county or municipality, part payment as sat- isfaction. 1914D-824. Disputed claim, part payment as satis- faction. 1-801; 16-194; 1915A-951. Interest, payment of principal as satisfac- tion precluding recovery of implied interest. 1913E-5S6. Partial performance following accord as constituting satisfaction. 1914C-152. ACCORD AND SATISFACTION Con- tinued. Promise accepted in satisfaction of debt as executed accord. 6-564. Keceipt in full on part payment as satis- faction of liquidated and undisputed debt. 5-525; 1917A-130. ACCOUNTANTS. Expert accountant, failure to disclose true status of accounts, liability. 1914C-722. fees, personal liability of attorney for. 1917B-525. power of county or municipality to em- ploy for examination of public ac- counts and records. 1913B-1087; 1916B-1035. ACCOUNTS AND AC- COUNTING. See Books of Account. Account stated between stock broker and customer. 1915B-924. items of accounts of both parties, ne- cessity of inclusion. 2-0-626. ^-pass-book, estoppel of bank to im- peach. 18-331. rule that receipt of statement of ac- count without protest amounts to ad- mission of its correctness. 1915A- 694. Affirmative relief in action for account- ing, right of defendant in absence of claim. 13-648. Agent, right to file bill against principal for accounting. 1914B-1028. Book accounts, manner of pledging or as- signing. 18-446. Clearing-house, adjustment and return of repudiated items. 1914C-522. Computation by witness from accounts as admissible in evidence. 1912D- 1354. Evidence, admission of correctness of ac- count made in connection with offer of compromise as aduissible in evi- dence. 1918E-446, 456. books of account, deceased party, ad- missibility in evidence. 12-77. original entry, necessity that book of accounts offered in evidence consti- tute. 2-842. ACCRETIONS ACCUSED PERSONS. ACCOUNTS AND ACCOUNTING Con- tinued. Executors and administrators, lapse of time as barring right to compel per- sonal representative to account. 15- 4S1. proceeds of sale of realty, duty of ex- ecutor who is sole devisee to account. 1914A-194. right to appeal from judgment rendered on account. 1913C-858. Guardian, duty to account with respect to transactions after ward's majority. 19-509. lapse of time as affecting right to open guardian's account or settlement. 1917A-648. Joint adventure, settlement of accounts. 17-1026; 1912C-204; 1916A-1215. Lien of attorney on account in his pos- session connected with litigation. 1917D-149. Life insurance, profits or surplus in com- pany, right of policy-holder to equi- table relief for accounting. 10-403. Master's right to accounting on servant's breach of employment contract in failing to devote full time to mas- ter's service. 1913B-511. Mortgage assignment, state of accounts aa governing rights of assignee. 1918C-480. Mutual accounts, what are. 1913D-816. Partnership, action between partners for accounting, and settlement after dis- solution, running of statute of limita- tions against. 1918D-1107. illegal transactions, right of partner to accounting. 1S-407. secret profits of partner, duty to ac- count. 1914D-433. Eunning account, liability on running account as existing or prior debt within rule as to fraudulent convey- ances. 1913C-1376. Tenancy in common, liability of tenant in common to account for rents and profits in absence of express agree- ment. 18-1082. Unfair competition or infringement of trademark, power of court to decree accounting in action for damages. 20-59. ACCRETIONS. Apportionment between riparian propri- etors, rule for. 1914A-481; 1918E- 998. Conveyance as including prior accretions. 1918E-244. Eock, stones or dirt dumped on land as becoming part thereof. 1914C-1154. ACCRUAL OF ACTIONS. See Actions and Proceedings; Limitation of Actions. ACCUMULATIONS. Advancement, power of court to make out of accumulations for benefit of cestui que trust. 1914A-1047. Annuity, right of annuitant in subsequent accumulations. 1914A-210. Tncome, right to accumulations where not expressly disposed of by will. 1914B- 86. ACCUSATIONS. Admissibility in evidence if undenied. 4- 1042. ACCUSED PERSONS. Carrying weapons when arrested, admis sibility of evidence as proof of guilt. 15-1057. Confession of accused person, admissibil- ity against himself and codefendant. 4-918. insanity at time of confession, right to show. 16-1086. voluntary character of confession, right to introduce evidence to show. 15- 184. Confronting witness, inability to under- stand language of witnesses as de- priving accused of constitutional right to confront witnesses. 1913D- 673. right of accused to confront witness as affected by use of deposition. 1916A- 1091. Coroner's inquest, right to appear by counsel. 1916D-394. Counsel, benefit of counsel before plead- ing, right of accused. 1918D-287. 10 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACCUSED PERSONS Continued. consultation or sitting with counsel dur- ing trial, right of accused. 1916D- 204. Dismissal of information based on self- incriminating evidence, right of ac- cused. 1914C-418. Failure to testify, comment by prose- cutor. 3-164; 20-1273. instruction as to failure of accused to testify. 3-909; 8-279; 10-950. Fair trial, duty of prosecuting attorney toward accused. 21-333. Flight of accused after admission to bail, admissibility of evidence. 18-901. Good character, failure to produce evi- dence as warranting comment by prosecutor. 19-407. Identification of accused by voice. 14 82; 20-403. Indictment based on testimony given by accused before grand jury, validity. 6-606. Names of state's witnesses and oppor- tunity to inspect articles to be used in evidence, right of accused. 1914B- . 902. Offer of compromise of charge and admis- sions in connection as admissible in evidence. 16-458. Photographing accused as invasion of privacy. 8-1176; 16-1125. Physical examination, power of court to compel defendant to submit to. 1912D-227. Place of trial in federal courts, rights as to. 17-1117. Preparation for trial, waiver of right to time for. 17-522. Presence of accused, sentence, right of accused to be present at time 6- 451; 11-813. verdict, waiver of right to be present at rendition. 13-1213; 1915B-447. waiver of right to be present at trial. 1913C-1146; 1918E-375. Property taken from premises or person of accused, admissibility in evi- dence. 15-1206. Public trial, right to as affected by exclu- sion of persons from courtroom 9- 111. 8elf-incrimination, constitutional protec- tion against as violated by demand ACCUSED PERSONS Continued. in presence of jury to produce docu- ments, or incriminating evidence. 1912D-261; 1918B-512. Trial not had within constitutional or statutory period, remedy of accused. 1912D-1273. Trying own case without attorney, right, and effect thereof. 1913C-739. View in absence of accused. 1915B-568. Waiver of constitutional privilege by ac- cused testifying in his own behalf. 2-247; 11-822. Witnesses, failure to call wife as witness, right of counsel to comment on. 17- 421; 1913D-559. ACKNOWLEDGMENTS. Attorney in fact, proper method of exe- cution. 1913D-103. Authority of officer to take, necessity of certificate of authority. 1915D-1233. Certificate of acknowledgment, false or defective, liability of officer. 13- 717; 1915C-1027. omission of name of grantor or mort- gagor, effect. 2-990. recital of act being within officer's jurisdiction, necessity. 10-129. resort to instrument in aid of certifi- cate attached thereto. 2-990; 1918C- 347. Chattel mortgage, necessity and suffi- ciency. 1915D-304. officer qualified to take. 1915D-308. Deeds, date of delivery as determinable by date of acknowledgment. 15-149. Deputies, power to take acknowledg- ments. 3-299. Failure of maker to subscribe name as cured by acknowledgment of instru- ment. 1913A-398. Impeachment of acknowledgment, evi- dence requisite. 7-249; 1917A-368. Lease, necessity for acknowledgment. 1918D-161. Married woman, defective acknowledg- 'ment of deed or contract, rights of parties. 1918E-648. want of acknowledgment rendering deed or contract invalid, rights of parties. 1918E-631. ACQUAI\ 7 TANCES ACTION OX CASE. 11 ACKNOWLEDGMENTS Continued. Officer executing instrument, validity of acknowledgment taken by himself. 1912B-332. validity of acknowledgment before one whose right to office has ceased. 5- 461. Partnership instrument, sufficiency of ac- knowledgment. 1913A-1084. Proof of acknowledgment of instrument by evidence other than certificate. 1912A-1098. parol evidence as admissible to show that certificate of acknowledgment was taken within officer's jurisdic- tion. 10-129. Eeeording of instruments without ac- knowledgment or defectively acknowl- edged. 1913B-1073. Stockholder or officer of corporation in- terested in instrument as disqualified to take acknowledgment thereof. 16-140; 1913D-373; 1916I>-705. Telephone acknowledgment, validity. 1912C-330. Woman notary, validity in foreign juris- diction of acknowledgment before. 1914C-204. ACQUAINTANCES. Age of person, competency of acquaint- ance to testify to. 1918A-264. Witness to will, necessity of acquaint- ance with testator previous to sub- scription. 17-686. ACQUIESCENCE. See Estoppel. Infant after coming of age as ratification of deed. 1912C-775. Infringement of trademark or trade name, loss of right to relief by ac- quiescence. 18-459. Legislative acquiescence in decision, application of doctrine of stare de- cisis. 2-725. Nuisance, acquiescence in erection of structure as precluding objection thereto as nuisance. 191CC-1235. Eestrictive covenant, breach as waived by acquiescence in violation. 1-603; 14-760; 1915B-147. ACQUIESCENCE Continued. Parent's acquiescence in employment of minor child as affecting liability of master for injuries. 1913C-235. Statutes, long acquiescence in validity as affecting their constitutionality. 16- 877; 1912A-505. ACQUITTAL. Attorney, disbarment proceedings as af- fected by acquittal for same offense. 10-886. Instruction for acquittal in case any in- dividual juror entertains a reasonable doubt as to guilt, effect. 11-435. Judgment of acquittal as res judicata in civil or penal action. 5-78. Malicious prosecution, acquittal as evi- dence of want of probable cause. 18-65; 1916E-376. Perjury committed during trial; prosecu- tion as barred by acquittal. 1-163; 17-754. ACREAGE. Conveyance of part of tract of land by acreage or fraction, effect. 2-918; 1915A-1276. Mistake in quantity of land as ground for rescission of sale. 4-52. ACTION. "From" as word of inclusion or exclusion in computation of time of an act. 15-28. Malicious motive as rendering act unlaw- ful. 1-250; 16-810; 1912D-798. ACTIONABLE WORDS. See Libel and Slander. ACTION ON CASE. Action on case by debtor against credi- tor for wrongful levy after debt has been paid. 19-368. Bemainderman, right of action for in- juries to realty by stranger. 6-145. 12 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACTIONS AND PRO- CEEDINGS. 1. Nature of Proceeding. 2. Form of Action. 3. Accrual of Cause. 4. Conditions Precedent. 5. Joining and Splitting. 6. Defenses to Actions. 7. Abatement and Revival. 8. Survival of Actions. 9. Discontinuance. 10. Assignment of Right of Action. 11. In General. See Continuance; Dismissal and Nonsuit; Judgments and Decrees; Limitation of Actions; Parties to Actions; Trial; Venue. See, also, particular titles. 1. Nature of Proceeding. Alien enemy, right to sue alien enemy. 1917C-211; 1918C-722. suing or continuing suit, right of alien enemy. 1917C-204; 1918C-716. Bail bond, action on as civil or criminal in nature. 10-293. Bastardy, nature of proceeding as civil or criminal. 11-316. Civil action predicated on commission of felony, merger or suspension. 1916C 847. Contempt prosecution as criminal pro- ceeding within rule as to jeopardy. 1912B-1008. County, right to maintain action to re- strain expenditure of state funds. 1913C-669. Federal Hours of Service Act, action for violation as civil action. 1915D-467; 1918C-815. Habeas corpus as civil action. 7-1020. Intoxicating liquor statute, action for penalty for violation as civil action. 1914A^134; 1916E-870. Limitation of action applicable as deter- minable by nature or form of pro- ceeding. 12-175. Lost instrument, suit to establish as maintainable where no other relief is demanded. 1914A-582. Mandamus as action or special proceed- ing. 8-311. Moot case, what constitutes. 1918B-558. ACTIONS AND PROCEEDINGS Con- tinued. Municipal ordinance, nature of proceed- ing for violation. 5-289; 1917A-330. Public officer, proceeding for removal as civil or criminal in nature. 20-112; 1915B-1145. Seduction action as one for personal in- juries. 1912B-656. Ships and shipping, proceedings to limit vessel owner's liability, nature of proceedings. 1913D-1234. Taxpayers' actions. 1913C-S84; 1917A- 855. right to maintain action for recovery of illegal disbursement of public moneys. 19-776. United States, right to maintain civil action. 1912D-514. Workmen's compensation proceedings, rules governing actions generally as applicable. 1915A-741. 2. ronn of Action. Assumpsit, waiving tort and suing in. 1913D-228. Attorneys, form of action against attor- ney for negligence. 1917B-45. Carrier of passengers, ejection of passen- ger holding invalid ticket through carrier's fault, form of action as in tort or on contract. 9-892. personal injuries of passenger on ejec- tion from train, right to bring ac- tion ex contractu. 10-462. Commencement as action ex delicto and trial as action ex contractu, effect. 8-u29. contempt proceedings to enforce restitu- tion of property received under judg- ment. 1913E-1004. Drainage district, remedies by or against. 1915-C-29. Election contest, statutory remedy as ex- clusive. 1913E-982; 1914D-274. Franchises, forfeiture of special corporate franchise, warranty for direct pro- ceedings. 1916B-179. Internal revenue, form of remedy for re- covery from United States of inter- nal revenue tax. 1916A-304. Landlord and tenant, form of action against lessee for recovery of rent ACTIONS AND PROCEEDINGS. 13 ACTIONS AND PROCEEDINGS Con- tinued. due under lease not signed by him. 1913A-266. Malpractice of physician, action as on contract or in tort. 1912D-866. . Pledge, form of action where pledgee re- fuses to return pledge upon tender of debt. 18-720. Search-warrant proceedings, right to try title or right to possession of prop- erty. 1914D-172. Taxpayer's suit, form of action. 1913C- 906. Telegraph company, recovery of damages for mental anguish from failure of telegraph company to deliver mes- sage as ex contractu or ex delicto. 1912D-845. Vendor and purchaser, enforcement of contract to convey realty as in per- sonam or in rem. 3-1004. subsequent conveyance by grantor of realty conveyed to grantee as en- titling latter to action ex delicto or ex contractu. 20-1126. Waters and watercourses, breaking of dam across watercourse, form of ac- tion for injuries caused. 1912A-116. 3. Accrual of Cause. Acceleration clause in mortgage as affect- ing accrual of action for mortgage debt. 2-854. . Bringing suit on day of accrual of action, effect. 2-136. Injury to lateral or subjacent support, accrual of cause of action. 3-123; 18-752. Premature action, effect of accrual of cause pending suit on plaintiff's right to recover in action prematurely brought. 7-524. Eemedies of party to contract upon anti- cipatory breach or prevention of per- formance. 1-427; 12-1108; 1913C- 384; 1917E-712. Sale of goods on credit procured by fraud, accrual of action for price. 7- 544. Seduction of daughter, accrual of father's right of action. 1-388. 4. Conditions Precedent. Accident insurance, notice of action within time required by terms of ACTIONS AND PROCEEDINGS Con- tinued. policy as condition precedent to re- covery. 14-292; 1914D-412. Alienation of affections, actual separation or abandonment as prerequisite to action. 1918A-647. Architect's or engineer's certificate as prerequisite in actions on working contract. 5-721. Bills and notes, lost negotiable instru- ment, giving indemnity as prerequi- site to recovery of amount. 1918C- 925. presentment and demand at place named in note payable on demand as condition precedent to action against maker. 7-693. surrender of negotiable paper received in payment as condition to recovery on original obligation. 20-857. Breach of promise of marriage, demand for performance of marriage promise as condition precedent to action for breach. 18-360. Corporations, stockholder's action in be- half of corporation, necessity that stockholder should apply to stock- holders for relief in addition to de- manding that corporate officers insti- tute suit 'before bringing action him- self. 1914A-782. Disbarment of attorney as dependent on conviction for crime. 8-847. Ejectment, condition precedent to new trial under statutory right. 1914C- 738. Fire insurance, furnishing proofs of loss within prescribed time, necessity for recovery on policy. 15-335; 1912C- 604. Food and drugs, prosecution or forfeiture under federal pure food and drugs act, conditions precedent. 21-1327; 1915A-49. Injunction against wrongful diversion of water as dependent on prior deter- mination of right in action at law. 1912D-16. Insurance, submission to arbitration as condition precedent to suit on insur- ance contract containing stipulation for arbitration. 8-171; 1915D-331. Internal revenue tax, right of recovery of payment as dependent on prior ap- peal to commissioner of internal revenue. 1916A-3Q1. 14 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACTIONS AND PROCEEDINGS Con- tinued. Landlord and tenant, notice to landlord of defective ceiling as prerequisite in order to impose liability for injuries caused by fall thereof. 1913C-975. Mandamus to compel municipality to re- pair street, conditions precedent. 20-849. Mechanics' liens, presentation of claim ugainst decedent's estate prior to action to foreclose as prerequisite. 1913D-275. Mortgage enforcement against decedent's estate, necessity of presentation of claim. 1917B-156, 164. Municipal corporation, notice to munici- pality of injury to wife or child as prerequisite to action. 1916E-560. National bank director's personal liabil- ity for excessive loan as dependent on prior forfeiture of charter. 1912B-652. New trial, order opening default and granting new trial on payment of costs as making payment of costs condition precedent. 1912B-249. Release for personal injuries procured by fraud, necessity of returning or tendering consideration prior to suit. 8-179. Rescission, notice to complete building contract as condition precedent to right to rescind for delay. 1914D- 286. Specific performance, payment or tender of purchase price as necessary to purchaser's right to enforce contract for sale of land. 4-852; 1913C-647. Streets and highways, notice of defect in street to one bound to keep same in repair, necessity to support action. 1913C-221. written notice to municipality of defect in street or highway, necessity to im- pose liability. 16-172; 1916E-560. Taxpayer's demand on proper officers to bring suit as prerequisite to action by himself. 1913C-904. Tax sale, reimbursement of purchaser of invalid tax title as condition pre- cedent to relief in action to quiet title. 16-803. Usury, necessity that person seeking equi- table relief against usury should do equity. 1914D-1028. ACTIONS AND PROCEEDINGS Con- tinued. 5. Joining and Splitting. Consolidation of actions, different classes of cases susceptible of consolidation. 1913E-1053. judgment on consolidation of causes as single or separate. 3-534. Individual and representative capacity of plaintiff, joinder of causes of action accruing in both capacities. 1912B- 1258. Injury to person and property arising out of single tort, joinder and splitting claims for. 3-464; 1912D-256. Libel and slander, separate actions for separate statements of same libel or slander by same person, right to maintain. 1917A-250. Necessity under code practice that causes of action joined affect all parties defendant. 3-285. Partition of more than one parcel of realty, single action for. 17-1163. Separate tortious acts in pursuance of conspiracy as giving rise to single cause of action. 1915B-1014. 6. Defenses to Actions. Action by servant against master for in- juries, necessity of pleading negli- gence of fellow-servant as defense. 1913A-981. Alien enemy, defense of action, right of alien enemy to defend. 1917C-211; 1918C-721. Attachment, loss or injury to attached property, defenses of attaching offi- cer. 1912A-1116. Champertous agreement to prosecute as defense. 19-517. Election of remedies doctrine as defense to prosecution of first remedy. 1913D- 1199. Fire set by railroad, contributory negli- gence as defense to statutory liabil- ity. 1914D-934. Inconsistent defenses within rule of pleading. 1917C-704, 750, 753, 757. Judgments, right to plead fraud as de- fense to action on foreign judgment. 1914D-999. Nonexistence of plaintiff (not corpora- tion) as defense to action. 191 7D- 1193. Oral contract within statute of frauds as ground of defense to action. 11-479. ACTIONS AND PROCEEDINGS. 15 ACTIONS AND PROCEEDINGS Con- tinued. 7. Abatement and Revival. Attachment as dissolved by death, of de- fendant or dissolution of corporation. 1917A-149, 163. Conflict of laws as to survival of action on death of party pending action. 6-584; 1914B-114. Corporations, action to recover penalty or forfeiture as abated by dissolu- tion of corporation. 1917A-1180. pending suit, dissolution of corporation as terminating its power to prose- cute. 17-225. Divorce action as abated by death of plaintiff. 17-876. pending of suit for divorce as bar to like suit by other spouse in another jurisdiction or county. 1914A-1140. Election contest, effect of death of con- testant before judgment. 1913D 1291. Eminent domain, pendency of suit for damages for unlawful entry on land as bar to condemnation proceedings. 1913D-601. Garnishment proceedings, pendency as affecting subsequent action against garnishee by principal defendant in garnishment. 1916B-365. Infant, effe-ct of attaining majority pend- ing action by guardian. 1914A-604. Mandamus proceeding, abatement by death of relator. 1915A-267. termination of respondent's office as abating action. 4-75; 10-60. Pendency of like suit in foreign court, effect. 1-365. Pending, when action is. 1912A-843; 1914D-1007. Plea in abatement, as amendable. 12- 324. Receiver appointed for defendant, effect on pending action. 1915C-1248. Will contest as abated by death of con- testant. 1913E-128. 8. Survival of Actions. Attorney, survival of action against at- torney for negligence. 6-651; 1917B- . 48. Breach of promise of marriage contract, survival of right of action. 10-725. ACTIONS AND PROCEEDINGS Con- tinued. Conspiracy to restrain trade, survival of right of action. 1916C-726. Death by wrongful act, beneficiary's death as affecting survival. 17-773; 1913E-995. decedent's right of action, survival as affecting running of limitation stat- ute. 17-520. simultaneousness of injury and death as affecting survival. 3-54; 1915C- 613. wrongdoer's death as affecting survival. 12-462; 1915C-1052. Injury to property simultaneous with death of owner as affecting survival of claim for damages. 6-388. Innkeepers, guest injured by unsafe con- dition of inn premises, survivability of action. 15-927. Joint obligation, survival of cause of ac- tion to remaining obligees on death of one joint obligee. 15-1062. Law governing survival of actions. 6- 584; 1914B-114. Libel or slander, survival of action. 6 513. Malpractice faction against physician, sur- vival of action. 1912D-870. Personal injury action, survival after death of wrongdoer. 1914D-359. validity of statute providing for sur- vival of action. 1917E-1171. Eelease executed by deceased as affect- ing survival of cause of action for injury. 1-232. 9. Discontinuance. Election contest, right of one or more plaintiffs to withdraw or discontinue. 1913B-215. Eminent domain proceedings, right of land owner to damages upon volun- tary discontinuance. 1912B-944. stage of proceedings wh'en discontinu- ance permissible. 1913E-1062. "Escrow" as applicable to written consent for discontinuance or release. 1916B- 1032. Submission to arbitration as discontinu- ance of pending cause. 1912A-1263. 10. Assignment of Right of Action. Contracts, assignability, right of action for breach. 1912A-497. 16 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ACTIONS AND PEOCEEDINGS Con- tinued. Corporations, assignment of right of ac- tion by corporation for fraud as passing by transfer of assets to new corporation. 1915B-951. Fires, assignability of cause of action for destruction of property by fire. 20- 259; 1913I>-929. Fraud, assignment of right to file bill in equity for fraud committed on as- signor, validity. 1912D-549. Penalty, assignability of right of action for penalty. 1916D-893. Personal injuries, assignability of right of action for personal injuries re- sulting from negligence. 6444. Eailroad, assignability of cause of action against railroad for negligent killing of domestic animal. 7-502. Waste, assignability of right of action for. 1914C-262. 11. In General. "Case," meaning of word as used in sense of "action" or "proceeding." 21-667. Control of action, right as between two courts of concurrent jurisdiction. 1912A-150; 1915B-1117. . Court proceedings held at unauthorized time, validity. 1912B-179. Discrimination against citizens of other states as to actions and proceedings. 1-832. Fictitious or collusive suits, power of amicus curiae to inform court. 1915A-195. Foreign proceedings, power of court to enjoin in another state or country. 10-26; 16-673; 1913B-204; 1918B- 1150. Institution or continuance of legal pro- ceedings, liability for damage caused by exercise of right. 21-873. Judicial notice of proceedings in other causes. 19-15B-651; 1913A-140- 12- 537. Eight of action as property right. 1917C- 1217. Eule with respect to parties in pari de- licto as modified by paramount pub- lic interest. 1913D-772. Statute as basis of action, effect of repeal after final judgment. 19I2E-1157. Transfer of action, meaning of term "ad- joining" as used in statute. 1913D- 48. ACT OF CONGRESS JULY 24, 1866. Scope and effect of act as to eminent domain powers of telegraph com- panies. 1-533. ACT OF GOD. Burden of proof as to fault of carrier of goods where loss is caused by flood or other uncontrollable event. 1914D-1115. Carrier's delay co-operating with act of God, liability for loss or damage re- sulting. S-310. Contract, performance as excused by act of God. 1-466. Co-operation with negligence of -carrier as affecting carrier's liability for dam- ages. 3-453; 12-449; 1912D-968; 1918A-581. Fire insurance premium, act of God as excuse for failure to pay. 1912B- 375. Fire loss as arising from. 1912A-453. Flood, burden of proof and question for jury as to nature. 1918A-1121. Hours of service, act of God as excusing noncompliance with federal act. 1915D-464; 1918C-809. Tides, loss resulting from rise or fall as due to act of God. 1917A-450. ACTORS. Actor as engaged in trade. 1916A-1199. Contract for services as theatrical per- former. 1914B-5. ACTS OF LEGISLATURE. See Statutes. ADAMSON LAW. Wage and hours of labor regulation of interstate railroad employees. 19-18A- 1043. AD DAMNUM CLAUSE. Amendment of clause in pleading after verdict. 1913B-709. Omission of clause in complaint, declara- tion, etc., effect of. 21-241. ADDITIONAL COMPENSATION ADJOINING LAND OWNERS. 17 ADDITIONAL COMPENSATION. SSee Contracts; Public Officers; United States. ADDITIONAL SERVITUDE. See Streets and Highways. ADDITIONS. Building, mechanics' liens covering. 1912B-13. Chattel mortgage on stock as cover- ing additions thereto. 1916D-1215; 1918E-743. Fire insurance, "additions" as term in policy. 8-94; 10-938. ADDRESS. Claimant for injury against municipality, necessity of giving address. 1916E- 722. Client's address as privileged communica- tion to attorney. 1913A-29. ADDRESSEE. Telegram, right of addressee to sue for nondelivery. 2-398; 1913E-356. ADEMPTION. Legacies and devises. See Wills. ADEQUATE REMEDY AT LAW. Equity jurisdiction in cases of fraud not- withstanding law remedy. 3-611. Existence as affecting equity jurisdiction to cancel instrument procured by fraud. 8-548. Inadequacy of relief as ground for enjoin- ing proceedings in courts of law. 5 728. Injunction against execution sale, exist- ence of legal remedy as defeating right. 191SC-156. ADHERENCE TO ENEMIES. See Treason. ADJACENT. Meaning of term. 1913B-168. Property annexed to municipality, neces- sity that it be. 1913D-401. Index to Notes 2 ADJOINING. Meaning of term. 1913D-844. ADJOINING LAND OWNERS. 1. In General. Collapse of building on adjoining lands, liability for injuries caused. 18-5. Dropping or falling of objects causing in- jury to adjoining property, liability of land owner. 1914B-1171. Eviction of tenant by act of adjoining land owner. 1915C-400, 409. Falling wall, liability for injury caused to adjoining property. 1914B-1176. Fences, division fence, validity of statute giving fence viewers power to assign. 8-426. spite fence, right to damages for erec- tion. 19-478. unusual height of fence, erection or maintenance as subject to injunction. 9-734; 1915A-718. Flooding mine, liability of adjoining owner. 1914C-458. Improvements made by mistake on land of adjoining owner, right to recover for. 1914A-238 1 . Mining rights, use of surface in removal of minerals from adjoining lands. 1913B-1108. Overhanging eaves, remedy against en- croachment. 4343. Tree on or overhanging boundary line, rights of adjoining owners with re- spect to. 1918B-1157, 1171. Trespassing insects or the like, right to drive on to neighbor's land. 21-645. Water, oil or like pumped from mine or well flowing on to land, liability of mine or well owner. 1914D-70. Well, right to sink and intercept subter- ranean waters supplying neighbor's -well or spring. 1917C-106. 2. Lateral and Subjacent Support. Accrual of action for injury to lateral and subjacent support. 3-123; 18- 752. Excavating on own premises, liability for resulting injury to adjoining build- ing. 21-15; 1917A-352. Express contract not to destroy lateral support, validity and construction. 1915B-1282. 18 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ADJOINING LAND OWNERS Continued. Measure of damages for injury to lateral and subjacent support. 5-219; 5 760; 10-77. Mining rights, when grant releases grantee from liability for subjacent support. 10-874. Eemoval of support to adjoining land by gasworks as nuisance. 211251. 3. Party-walls. Contribution, absence of agreement to contribute to party-wall, liability of adjoining owner for use. 151107; 1916E-1165. purchaser from person promising to con- tribute to cost of party-wall, liability to pay proportion of cost. 11-527; 1916B-1215. use of wall as enclosure of user's building as rendering user liable for contribution. 1913A-769. Conveyance of part of premises, rights of parties with respect to division wall. 1918C-879. Easement in party-wall by prescription, creation and extent. 11-629. Grantee of builder of party-wall, right to recover for use. S-2&2; 15-176. Middle line, right of owners to use be- yond. 8-319. Termination of right to maintenance of party-wall. 1916C-374. Public body, what constitutes. 1915B- 773. Sunday, right of court sitting on Sunday to adjourn to another day. 1916B- 14, 33. ADJUDGE. "Deem" or "deemed'" as meaning "ad- judge" or "adjudged." 16-480. ADMINISTRATION OF ESTATES. See Descent and Distribution; Executors and Administrators. ADMINISTRATIVE ACTS. Validity of performance on Sunday. 1916B-6. ADMINISTRATIVE BODY. Adjournment, what constitutes. 1915B- 774. Conferring authority on board to deter- mine qualifications of licensees as delegation of legislative power. 2- 427. ADMIRALTY. See Ships and Shipping. Assault and battery, admiralty jurisdic- tion. 13-1218. Bridges, injury by vessel, liability in ad- miralty. 1917B-938. Canal as navigable water in admiralty jurisdiction. 17-350. Contribution, admiralty jurisdiction of suit for. 20-1236. Contributory negligence, burden of proof in admiralty proceeding. 10-7. Death by wrongful act, admiralty juris- diction of action. 13-1219. False imprisonment, admiralty jurisdic- tion of action. 13-1218. Federal receivers, vessels in possession of, as subject to libels in rem. 3-117. Master and servant, admiralty jurisdic- tion of action by servant against master. 13-1219. Peril of eea, damage of cargo by sea water as, burden of proof upon ship owner to show. 15-753. Salvage, award to salving vessel, allow- ance of damage for injuries as part of. 14-88. review of salvage award. 20-561. Torts, admiralty jurisdiction. 13-1216. ADMISSION TO BAR. See Attorneys. ADMISSIONS AND DECLA- RATIONS. See Confessions; Dying Declarations. 1. Civil Cases. A. IN GENERAL. B. IN PLEADING OR AT TRIAL. 2. Criminal Cases. 1. Civil Cases. A. IN GENERAL. Account stated, admission of correctness by receipt of statement without pro- test. 1915A-694. ADMISSIONS AND DECLARATIONS. 19 ADMISSIONS AND 1/ECLARATIONS Continued. Advancement, subsequent declaration by intestate on issue of advancement vel non, admissibility. 17-SS6. Alienation of affections, declarations of husband or wife as admissible in ac- tion. 1912C-1181. Auction sale, admissibility of parol decla- rations as to conditions of sale. 1912A-1130. Boundaries, former owner's declarations, admissibility as proof after his de- cease. 19-551. surveyor's declarations as to boundaries, admissibility. 15-874. Bystander's declaration at time of acci- dent as part of res gestae. 1912C- 319; 1917A-1009. Compromise offer, admissibility of state- ment of fact made in connection. 1918E-439, 456. Contents of writing, admissibility in evi- dence of verbal admissions thereof. 8-207. Corporate officer, admission or declara- tion, competency as evidence against corporation. 1912C-109. Deeds, delivery, declaration of grantor after conveyance as admissible. 1916E-713. Deposition of party to action offered by adverse party as admission of de- ponent. 10-961. Disparagement of title, admissibility of declarations in disparagement. 2-5. Divorce defendant, necessity of corrobora- tion of admissions. 1913B-5. Domicile, respective weight of acts and declarations on question. 21-206. Exclamations and expressions of pain, ad- missibility in evidence in actions in- volving bodily injuries. 15-799; 1916A-830. Execution or attachment defendant, decla- rations on issue of title to personalty levied on while in his possession. 1914D-690. Executor, declarations on issue of undue influence as admissible. 1913A-87. Failure to reply to statement made in written communication as admission of its truth. 1914B-78S. ADMISSIONS AND DECLARATIONS . Continued. Fraudulent conveyance or sale, declara- tions of grantor or vendor in posses- sion as to. 3-787. Husband and wife, antenuptial contract, action for cancellation, admissibility of declarations of husband on issue. 1914A-793. resulting trust arising from husband's purchase in own name with wife's money, admissibility of declarations of husband or wife. 1915D-629, 647. Illegitimacy, admissibility of declarations showing illegitimate relationship. 10 521. Infant, accident, declarations made at time as part of res gestae. 1451. Letters, unanswered letter as admission of truth of statements therein. 1915D-198. Libel or slander, acknowledgment of ut- terance as affecting running of stat- ute of limitations. 1917C-66. Life insurance, declarations or written statements made previous to death as evidence of suicide. 8-1114; 1918C- 1050. statements in application, admissibility of evidence to contradict. 7-647; 11-263. Marriage, admission of party as proof thereof in prosecution for adultery. 1912A-286. Master and servant, declarations or ad- missions not made contemporaneously with occurrence, admissibility in ac- tion by passenger against carrier. 3- 624; 13-859; 1915A-1040. statement by injured employee respect- ing cause of injury, admissibility in proceeding under Workmen's Com- pensation Act. 1916C-775; 1918B- 545. Negligence, competency and weight of admissions tending to show. 14-227. Partner after dissolution of partnership, admission as binding copartner. 15- 938. Public officer, necessity that declaration or admission be part of res gestae to be admissible in evidence. 3-749. Race to which person belongs, declara- tions as evidence. 1914A-462. 20 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ADMISSIONS AND DECLARATIONS Continued. Relationship to decedent, admissibility of declarations in behalf of relative of declarant who is claimant of dece- dent's estate. 21-1305; 1914A-S20; 1915C-1044. Sleeping person, admissibility in evidence of utterances made by person while asleep. 1914C-561. Title in personalty, declarations or ad- missions of grantor made while owner as evidence against grantee. 1912C-1210. Trustee's written declaration as proof of express trust. 1913B-1023. Value of property condemned, admissions or declarations of owner as admissi- ble in evidence in eminent domain proceedings. 1912D-289. Voter's declaration as to how he voted at election, admissibility in evidence. 15-243. Wills, acknowledgment of signature previ- ously made as sufficient signing of will by testator. 1917B-876. construction, declarations or instruc- tions of testator as admissible in aid. 1915B-14, 33, 40. lost will, declarations of testator alone as proof of contents. 1915B-253. oral declarations of deceased witness, admissibility on issue of its genuine- ness. 19-1009. testamentary capacity, admissibility of declarations of legatee or devisee as to mental capacity of testator. 9- 807; 1915B-1006; 1918A-1066. revocation of will which cannot be found, admissibility of declarations of testator on issue. 3-960; 14-284; 1914C-909; 1918^-370. subsequent declarations of testator on issue of revocation of will, admissi- bility. 10-535. undue influence, admissibility of decla- rations of legatee or devisee on issue. 21-50. undue influence, declarations of testator not made at time of execution of will as admissible on question of undue influence. 5-608; 10-600; 1917D- 717. Witness, admissions or contradictory statements on former trial, proof by person who heard testimony. 1913B- 97. ADMISSIONS AND DECLARATIONS Continued. competency as affected by admission of guilt of unconvicted crime. 7-168. B. IN PLEADING OR AT TRIAL. Attorney, admissions upon former trial as admissible in evidence. 10-1063. Failure to deny alleged admission as raising presumption against party to action. 1914A-924. Implied admission as arising from fail- ure of party to civil action to reply to oral statement. 1918C-9, 40, 42. Instructions, cautionary instruction rel- ative to consideration of verbal ad- mission, propriety. 1918D-298. Juror, statement subsequent to trial, ad- missibility of evidence thereof to im- peach verdict. 1913D-1194. Pleadings, abandoned pleading, admis- sibility in evidence against pleader. 18-83. admission in pleading, admissibility and conclusiveness against pleader in sub- sequent action with stranger. 1S-79; 1915C-717, 735; 1918E-549. equity pleading, admissions in answer as evidence against infant defend- ants. 4-403. inconsistent defenses as constituting admission as to matters set up. 1917C-740. pleading superseded by amended plead- ing, admissibility against pleader as admission. 1913A-1132. Production of document, admission by op- v posing party as to its contents as affecting right to demand production. 1916D-298. Silence of attorney when opposing attor- ney during trial states matters of fact admitted by adverse party as admission of such matters. 1913E- 945. 2. Criminal Cases. Abortion, statements (not dying declara- tions) made by woman before or after operation for abortion, ad- missibility in prosecution. 1913A- 531. Accusation of crime undenied, admissi- bility in evidence. 4-1042; 12-875; 1913C-240. ADOPTED STATUTES ADOPTION. 21 ADMISSIONS AND DECLARATIONS Continued. Adultery, defendant's statement as to be- ing married man, admissibility in. prosecution for adultery. 1915C-980. Agent's declarations or admissions not made contemporaneously with occur- rence or transaction, admissibility in evidence. 3-621; 13-859; 1915A- 1040. Exculpatory statement by accused, admis- sibility to contradict evidence given by him or on his behalf at trial. 1917D-1101. Grand jury, statements made by defend- ant before grand jury, admissibility in. evidence in criminal action. 9- 1215. Homicide, acts or declarations of de- ceased as admissible to establish de- fense of suicide. 1W4D-1279. threats of deceased to commit suicide as admissible in prosecution for homi- cide. 1914D-1279; 19170-372. Husband and wife, criminal prosecution, declarations made by one spouse in presence of other as admissible. 19 528. Infant's declarations made at time of as- sault or homicide as part of res ges- tae. 1916C-1187. Larceny, declarations of ownership by person accused of larceny, admissi- bility. 2-303. Offer to compromise criminal charge and admissions made in connection there- with, admissibility in evidence. 16 45S. Plea of guilty, admissibility as admis- sion in subsequent criminal prosecu- tion. 5-719; 1914A-1053. judgment of conviction based on, ad- missibility 'in subsequent civil action. 5-79; 1917E-1109. Rape, complaints of injured person in ac- tions for rape or criminal assault as admissible. 2-234; 11-99. Res gestae, statements of deceased or ac- cused before starting on journey, ad- missibility as part of res gestae. 1913E-361; 1918A-348. ADOPTED STATUTES. Construction of adopted statute. 1-147. ADOPTED STATUTES Continued. Effect upon adopting statute of amend- ment or repeal of adopted statute. 9-303; 1916B-375. Federal governmen's adoption of crimi- nal laws of state. 21-946. ADOPTION. 1. In General. 2. Adoption Proceedings. 3. Inheritance Bights. 1. In General. Adopted child as within designation of "children" or similar phrase in will or deed. 18-518. Advertising for adoption by maternity hospitals, prohibitory statutes. 1916A- 904. "Child," construction of word in statute providing for adoption of children. 15-92. term "child" in statute as including adopted child. 1915B-786. Death of adopted child by wrongful act, right of parent to recover. 15-148. Homestead exemption rights of adopting parent or adopted child. 21-1032. "Issue," adopted child as included within term in statute or will. 1912A-326. Life insurance, term "children" as used to designate beneficiaries as including adopted child. 15-529; 1913A-300. Statutes authorizing contracts for adop- tion, validity. 6-941. Workmen's compensation, adopted child as "dependent" within act. 1918B- 755. 2. Adoption Proceedings. Collateral attack in decree of adoption. 13-5S7; 1914D-237. Consent of parents as prerequisite to adoption. 1914A-221. abandonment of child as affecting ne- cessity of consent of parent to adop- tion. 1914A-222. divorce of parents as affecting neces- sity of consent. 1914A-223. Contract or proceeding for adoption not made in conformity with statute, val- idity. 12-144; 19i6D-1110. 22 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ADOPTION Continued. Second adoption of child, necessity of notice to or consent of natural parent. 12-509. Vacation of decree of adoption, grounds for. 17-548. 3. Inheritance Bights. Adopted child, adoption under laws of an- other state, right of inheritance within state. 16-779; 1916B-94; 1918B-1028. adoptive parent, right of adopted child to inherit from. 1914C-1230. persons other than adopting parent, right of adopted child to inherit from. 4-881; 9-780. Inheritance from adopted child, right as between natural parents and adoptive parents or their descendants. 1916C 757. succession to estate inherited from foster parent by adopted child who dies without issue. 1914D-572; 1916C- 762; 1917C-474. ADULTERATION. Food or drugs, federal Pure Food and Drugs Act, construction. 21-1327; 1915A-48; 1917C-495. liability of vendor for sale of adulter- ated food by agent or servant. 17- 135. ADULTERY Continued. Homicide during, as constituting man- slaughter. 1-136. Imputing adultery to man as actionable slander. 1917A-1044. Indictment and information, use of word "felonious." 1912A-263. Joint or several prosecution of persons. 1915D-376. "Living together," or "cohabiting," what constitutes. 19-655. Marriage of defendant, statements or ad- missions as proof in prosecution for offense. 1912A-286; 1915C-980. Married woman, whether can be guilty of offense of prostitution or fornication. 1916A-321. Paramour, weight and admissibility of testimony. 1913A-1240. Persons capable of committing crime. 16-314; 1917A-703. Procurement or connivance by other spouse as defense to prosecution. 1916E-741. Solicitation as indictable offense'. 2-457. Witness, adultery as crime for which wit- ness may be impeached. 1916A-276. ADVANCE AGENTS. Contract for services. 1914B-12. ADULTERY. Adulterous disposition, admissibility of evidence in divorce action to show. 16-1118. Alimony, recovery by wife in matri- monial action where both parties have committed adultery. 15-376. Carnal knowledge, necessity of emission. 11-94. Connivance, criminal conversation action by husband as barred by. 5-867. divorce as barred by connivance of one spouse to adultery of other. 10-819; 1915C-80. Divorce decree as res judieata as to facts relied on. 1916B-886. Dower rights as barred by adultery in absence of divorce. 5-230. Evidence, testimony of detectives prove adultery. 12-960. to ADVANCEMENTS. Consideration, agreement by heir relin- quishing expectancy in estate in con- sideration of advancement, validity and effect. 17-725. Daughter, gift to son-in-law as advance- ment to daughter. 18-546. Evidence, statement in will as. 1915A- 930. Executor or administrator, right to re- cover advancement made to member of decedent's family. 1917A-134, 141. Interest, intestate estate, when interest chargeable on advancement in dis- tribution of estate. 1912A-955. testate estate, when interest on ad- vancement chargeable in distribution of estate. 1918E-212. Partial intestacy, application of doctrine of advancements. 6-1011. ADVANCES ADVERSE POSSESSION. 23 ADVANCEMENTS Continued. Subsequent declarations of intestate, ad- raissibility on issue of advancement vel non. 17-886. Trust fund, power of court to make ad- vances out of accumulation for bene- fit of cestui que trust. 1914A-1047. ADVANCES. Chattel mortgages securing future ad- vances, validity and construction. 9- 1151. Factor's right to claim advances against insolvent principal. 6-311. Mortgage securing future advances, valid- ity and construction. 1913C-552. Partnership, advance made to partner, right of action at law to recover. 19-255. Stock broker's advances for customer, right of recovery. 1915B-920. ADVERSE PARTY. Impeachment of adverse party called as witness. 1914B-1123. ADVERSE POSSESSION. 1. In General. 2. Color of Title. 3. Hostility of Possession. 4. Sufficiency of Possession. 5. Evidence. See, also. Prescription. 1. In General. Alien, right to acquire title to realty by adverse possession. 1913C 1240. Bailment, acquisition of title by adverse possession to property in hands of bailee. 1917A-1163. Building, acquisition of title to part by adverse possession. 12-870. Conversion of property severed from soil by person holding adversely, right of owner of land to maintain Inrover. 1912B-291. Corporation, right to acquire title by ad- verse possession. 1915C-772. Dower as barred by adverse possession against husband. 9-149. ADVERSE POSSESSION Continued. Estates-tail, adverse possession against tenant in tail as barring recovery by issue in tail and tenant in tail. 1912B-61. Fishery, acquisition of right of fishing in navigable river by adverse posses- sion. 21-781. Grantee of land held in adverse posses- sion, right to sue to recover from adverse holder. 1915D-527. Husband or wife, one spouse holding ad- verse to third person as inuring to benefit of other spouse. 1912C-1174. wife's acquisition of title to husband's lands, right of by adverse possession. 1912A-570. Judicial sales, title based on adverse pos- session as sufficient to empower court to compel purchaser at judicial sale to comply with bid. 1912D-1179. Land under water, acquisition of title by possession adverse to state. 1912A- 702. I/andlord and tenant, necessity for sur- render of possession by tenant before asserting title adverse to landlord. 1917D-548. Limitation of actions, action by adverse claimant as arresting running of statute in his favor. 1914C-1182. Lunatic, right to acquire title by adverse possession. 1914A-39. Mines, acquisition of title by adverse possession. 6-142; 1912D-1199; 1917E- 641. severed mineral rights as affected by acquisition of surface rights by ad- verse possession. 6-113; 1912D-1199. Eailroads, land acquired for railroad pur- poses but not within its right of way, acquisition of title by adverse possession or prescription. 21-163. notice to company of adverse posses- sion of its property, what constitutes. 1917A-1274. right of way of railroad, acquisition of title to land therein by adverse pos- session or prescription. 2-718; 10- 1001; 1916D-1186. Tenant in common, acquisition of title by adverse possession. 1915A-746. holding adversely to cotenants, rights acquired under tax titles. 8-990. rule preventing tenant in common from purchasing outstanding title as appli- 24 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ADVERSE POSSESSION Continued. cable where tenants hold adversely to each other. 1916D-1307. Trespass against mere trespasser, right of one in actual possession under color of title to maintain action. 4-190; 1915D-37. 2. Color of Title. Award by arbitrators as constituting color of title. 1915A-959. Condemnation proceedings as furnishing color of title to land claimed by ad- verse possession. 19-402; 1915D-299. Fraudulent deed as color of title. 1915D- 137. Tax deed valid on face, validity of title acquired by possession under deed for period of statute of limitations protecting tax titles. 16-1144. Unrecorded deed as sufficient to give color of title. 1-761. 3. Hostility of Possession. Judicial sale, owner who remains on land after it is sold at judicial sale as holding adversely. 1913E-488. Mistake, possession by mistake of one intending to claim only to true boundary as constituting adverse. 15-827; 1912A-450. Public lands, right of one claiming title in subordination to United States only, to assert such possession against another claimant. 20-538. Purchase or offer of purchase of out- standing title or interest by person in possession of land as affecting ad- verse character of possession. 1912C- 855; 1917B-996. Tenants in common, adverse possession by grantee of eotenant. 1915C-1232. necessity of notice of adverse claim to start statute of limitations running between tenants in common. 1913D- 1312. 4. Sufficiency of Possession. Break in possession of land held ad- versely, what temporary break will amount to abandonment. 1916A-606. Inclosure of land as essential. 1913A- 750. ADVERSE POSSESSION Continued. Several tracts conveyed by same instru- ment, possession sufficient to consti- tute adverse possession. 1915C-148. 5. Evidence. Knowledge of another person, com- petency of witness to testify to in action involving adverse possession. 21-1076. Beputed title, admissibility of evidence. 1914D-243. ADVERSE USER. Width of highways acquired by. 2-973. ADVERTISEMENTS. Agent's authority to enter into contract for advertising principal's business. 1914D-802. Attorneys, employment solicited by ad- vertisement as ground for disbar- ment. 17-628. personal liability of attorney for ex- pense of advertising. 1917B-525. Billboards and signs, municipal regula- tion. 2-897; 5-997; 16-766; 1913D- 958; 1916C-491. Contract for advertising, validity and construction. 1914B-15. False, fraudulent, immoral or other ob- jectionable advertising. 1916A-900, 931; 1917C^58. Flag or other governmental symbol, valid- ity of statutes prohibiting use. 4- 270; 10-528. Handbills, right of municipality to pro- hibit distribution. 5-423. Insurance contract, advertisement as part of. 1918E-889. Judicial sale, misnomer of party in ad- vertisement as affecting validity of judicial sale. 1917B-1046. Lotteries, prohibition of advertising lot- tery as invasion of constitutional lib- erty of speech and press. 15-8. Municipal control of advertising. 16- 699. Physicians and surgeons, advertising under assumed name, prohibitory statute as violative of constitutional ADVICE OF COUNSEL AFFIDAVITS. 25 ADVERTISEMENTS Continued. liberty of speech and press. 1915B- 1186. practice of medicine, statutes prohibit- ing advertising with respect to. 1916A-908. Pictures or names of private persons, right of action for unauthorized use as advertisement. 2-575. Postal laws, advertising for agents as scheme to defraud under federal statute prohibiting use- of mails in furtherance. 1914D-1243. Theatrical performances, advertising con- tracts. 1914B-15. Unfair competition, use of misleading advertisement as constituting. 2 416. Wall of leased building, right of tenant to use front wall for display pur- poses. 19120-1127; 1916C-482. ADVICE OF COUNSEL. See Injunctions; Judgments; Malicious Prosecution. Attorney's liability to client for advice given. 1917B-19. ADVISORY OPINION. Force and effect of advisory opinion by appellate judges. 1917A495. AEROLITES. Title of finder. 1-5. AESTHETICS. Billboards and signs, municipal regula- tions grounded on aesthetic consid- erations, validity. 1913D-959. AFFECTION. Alienation of affections. See Husband and Wife. Consideration for promissory note exe- cuted by parent to child, natural love and affection as sufficient con- sideration. 13-1365. AFFIANCED PERSON. See Alienation of Affections; Breach of Promise of Marriage; Undue Influence. AFFIDAVITS. Arrest in civil action, admissibility of affidavits on motion to vacate. 1915A-1281. Attachment, alternative or disjunctive statement of grounds, effect. 11-27; 20-576. Attorney as notary swearing own client, disqualification. 6-37. sufficiency of affidavit made by attor- ney for party to proceeding. 7-49. Authentication before foreign notary. 1- 544. Change of judge or venue, perjury as assignable upon affidavit for. 1912A-866. Contempt, affidavit based on information and belief, sufficiency. 141042; 1916B-959. Extradition, sufficiency of affidavit made 'before magistrate within federal statute relating to interstate extra- dition. 16-1100; 1916A-526. Grand juror, affidavit impeaching indict- ment, admissibility. 1-649. Information and belief, sufficiency of affi- davit as basis for warrant or injunc- tion. 1-653; 18-817. Juror, admissibility of affidavit in sup- port of verdict. 1913B-761. impeaching verdict, affidavit as evidence verdict actually found differed from one returned. 3-401; '1912A-1205; 1918E-287. misconduct outside jury-room as show- able by affidavit. 6-290. quotient verdict, admissibility of affi- davit to show. 1915C-1147. Lost or destroyed affidavit, parol evi- dence of contents. 1916D-253. New trial, affidavits of others than wit- nesses as admissible on application for. 14-423. right of adverse party to introduce counter affidavits on motion for. 1912I>-1303. Nondenial by opposite party as raising presumption against him. 1914A- 932. Oath administered by telephone, validity. 1917B-905. Eeceivership appointment, necessity of affidavit or verified bill. 1913A-608. sufficiency of affidavit on information and belief. 11-980. 26 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AFFIDAVITS Continued. Search-warrants, sufficiency of descrip- tion of premises in affidavit. 17- 232; 1916D-932. Sunday, validity of affidavit taken on Sunday. 1916B-22. Telephone, affidavit made by telephone, validity. 1917B-903. AFFINITY. Incest, relationship by affinity as within statute against incest. 1913A-102. Life insurance, relationship by affinity as insurable interest. 1917C-158. Termination of relationship by affinity. 1912B-1028. AFFIRMANCE. See Appeal and Error. AFFIRMATIONS. See Oaths and Affirmations. AFFRAYS. See Mobs; Riots; Unlawful Assembly. AFFREIGHTMENT CONTRACTS. See Ships and Snipping. AFTER-ACQUIRED PROP- ERTY. Creditor's bill to reach. 1914B-961. Estoppel of married woman joining hus- band in bargain and sale deed of his property to set up after-acquired in- terest. 1916A-797. Quitclaim deed as passing interest. 1913C-368. AFTER-BORN CHILDREN. Will as revoked by birth of issue. 1913D-1318. AFTER THE FIRE. Insurance, "after the fire" as term re- ferring to time for institution of suit on policy. 10-824. AGE. Age of another, presumption that person knows. 1912D-975. Beneficial associations, waiver of forfeit- ure of benefit certificate for misrepre- sentation of age. 12-639; 1918D- 305. Census reports as evidence of age. 9- 882. Contributory negligence, applicability in cases of tender age. 6-707. Custody of child on habeas corpus, age- as 'Consideration in determining right. 1914A-754. Death by wrongful act, age of child as affecting right of parent to recover for loss of services in action for negligent killing. 1913D-470. Estoppel of infant by misrepresentation as to age. 4-535. Evidence, Bible entry, admissibility to show age. 1916A-153. entry in family Bible where person making is dead or unknown, admis- sibility in evidence. 1912A-1218. family record, admissibility of entry to show age where person making entry is alive. 6-59. Exhibition of child on issue of paternity as dependent on age of child. 6-561. False pretenses, misrepresentation by minor as false pretense. 21-437. ! representation as to age by infant to induce contract, liability for falsity. 1913A-971. Master and servant, misrepresentation of age by minor as relieving master from liability for negligence. 14- 124; 1912B-805. Mistake in age of infant to whom intoxi- cating liquors were sold, burden of proof. 1913C-636. Public record, recital as proof of age. 1918E-266. Rape, ignorance of age of child as de- fense to prosecution for rape. 21- 1058. Taxation according to age, validity of poll tax laws. 12-318. Time of arrival at specified age. 9-269; 17-906. Witness, competency of witness to testify to his own age. 16-592; 1918B-427. AGED PERSONS AGENCY. 27 AGE Continued. competency to testify to age of an- other person. 1918A-262. infant as witness, age as test of com- petency. 14-3. Writing, competency of witness to testify to age of writing. 1915D-34. AGED PERSONS. Guardianship, validity of statute provid- ing for appointment of guardian. 1917A-874. AGENCY. See Brokers; Factors. 1. In General. 2. Creation and Termination. 3. Rights, Euties and Liabilities Inter Se. 4. Rights, Duties and Liabilities as to Third Persons. A. AUTHORITY OF AGENT. B. MANNER OF EXERCISING AUTHORITY. C. DELEGATION OF AUTHORITY. D. UNAUTHORIZED OR WRONGFUL ACTS OF AGENT. E. EIGHT OF ACTION BY AGENT. F. LIABILITY OF AGENT. G. RATIFICATION OF AGENT'S ACT. H. UNDISCLOSED AGENCY. I. NOTICE TO AGENT AS NOTICE TO PRINCIPAL. 1. In General. Automobile sales agency contracts, nature and construction. 1917E-568, 581; 1918E-466. Carrier of passengers, liability for act of agent in informing passenger as to route. 13-968. Conversion by agent of funds of which he is entitled to percentage as com- mission as constituting embezzle- ment. 15-1227. Corporations, agent of private corpora- tion as "officer." 5-223. Discovery, agent as party defendant to bill. 20-909. Ejectment against agent or servant in actual possession of premises, right to maintain. 1913C-356. Escrow, delivery of instrument to agent of person to be benefited as delivery in escrow. 19-250. AGENCY Continued. Factors' acts, who are agents within meaning of factor's acts. 18-91. distinction between factor and broker. 1913C-1018. "Fiduciary capacity," agent as acting in fiduciary capacity within Bankruptcy Act. 1915A-1297. Foreign corporation, maintenance of agency or solicitation of business by agent in state as doing business therein. 18-34; 1912A-555; 1913E- 1156. Forgetfulness of agent as ground for opening or setting aside judgment. 1914B-590. Gift causa mortis deliverable by agent of donor, validity. 2-1004. Guardian as included within term "agent." 1913B-85. Libel and slander, communication be- tween insurance company and agent as privileged. 1913C-616. letter read by agent as constituting publication of libel. 1-190. Postal laws, advertising for agents as scheme to defraud within federal statute prohibiting use of mails in furtherance thereof. 1914D-1243. Process, foreign corporation, validity of statute providing for service on agent. 6-42; 1916E-339. mechanic as agent for service of pro- cess. 1914D-988. partnership, validity of statute provid- ing for service on agent of nonresi- dent partnership. 1916D-813. who is agent within statute providing for service of process on agent of foreign corporation. 19-200; 1914D- 985. Sheriff acting as agent, validity of execu- tion sale to himself. 1914B-836. Stock broker's agent, where responsibil- ity for his acts rests. 1915B-915. Taxation of business of taking orders for foreign goods or services as at- tempted regulation of interstate com- merce. 2-701; 14-865; 1916B-496. Witness, competency of husband or wife respecting transaction wherein wit- 2H-SS acted as agent for spouse. 1915B-945. 28 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AGENCY Continued. 2. Creation and Termination, Corporation, contract of employment of agent as breached by voluntary wind- ing up of corporation. 1-428. Execution of written instrument in per- son's presence and by 'his direction as act of agent or principal. 1912D- 1356. Husband and wife, implied agency of wife or husband. 1913C-879. Minor child as agent for father, implied authority. 1913C-830. Revocation of agency by death of princi- pal. 1917E-380. Subagents, appointment and powers. 1915D-7. 3. Bights, Duties and Liabilities Inter Se. Accounting, right of agent to file bill against principal. 1914B-1028. Collateral oral agreement as admissible to supplement agency contract. 1914A-458. Commissions, right of agent for sale of goods where buyer rejects goods or fails to pay. 1915B-169; 1915D- 539. Compensation, breach of contract to sell on commission, profits recoverable as damages. 6-976; 1917B-1194. illegal contracts as to compensation of agents of vendor or vendee. 1-573; 1917A-511. misconduct of agent as affecting re- covery for services. 5-613. sale of land effected by person other than real estate broker, amount of compensation where contract fails to fix. 1916E-306. Del credere agent, nature and extent of liability to principal. 1916C-1091. Denial of principal's title to moneys or property received as agent, right of agent. 8-570; 13-1184. Exclusive selling territory invaded by principal, measure of damages recov- erable by agent. 1912C-1252. Expenses of agent, power to bind prin- cipal for traveling expenses. 1917C- 840. Gift inter vivos from principal to agent, validity. 15-1133. AGENCY Continued. Indemnity by principal to agent for acts of latter, implied promise. 1912D- 990. Insurance agent, termination of agency as affecting right of agent to com- missions on renewal premiums. 7- 1169; 1912A-529. Interpleader, agent's right as against principal. 1-513. Judgment against principal as evidence against surety. 1915D^10. Knowledge of matters acquired by agent before entering, or outside of scope of, employment, duty to disclose to principal. 1913E-819. Libel or slander by agent, liability of principal. 21-343. Quieting title by principal based on agent's possession. 18-860. Eesulting trust arising from purchase of land for principal in agent's name. 5-255; 12-805. Sale or transfer by agent to himself, validity. 1912A-1172. Subrogation of agent to rights of princi- pal. 17-204. tax lien, subrogation of agent paying tax against principal. 17-1136; 1912B-751. Title of principal to moneys or prop- erty received as agent, right of agent to deny. 8-570; 13-1184. Traveling salesman, carrying side line as breach of contract. 1918C-952. Undue influence, existence of relation of principal and agent as affecting right to set aside trust. 1&18C-846. 4. Eights, Duties and Liabilities as to Third Persons. A. AUTHORITY OF AGENT. Advertising contract for principal's busi- ness, authority of agent to enter into. 1914D-802. Alien enemy, agent's authority as af- fected by his becoming alien enemy 1917C-197. Alteration of instrument by agent as binding on principal. 1914A-59. Contract limiting liability of carrier, authority of agent shipping goods to enter into. 1-676; 19-806; 1913E- 29-2; 1917E-653. AGENCY. 29 AGENCY Continued. Corporate agent, authority to hire em- ployees. 1914B-831. Declaration or admissions of agent not made contemporaneously with occur- rence or transaction, admissibility in evidence. 3-621; 13-859; 1915 A- 1040. Deeds, authority of agent of grantor to insert grantee's name omitted from deed as affecting validity of instru- ment. 1912A-539. grantor as agent of grantee to accept delivery of deed. 12-1072. Fire insurance agent, authority to insure own property with principal. 12-95. construction of clause in policy requir- ing written authority to agent. 1912C-367. Frauds, statute of, necessity that agent have written authority to make memorandum required by statute of frauds. 7-1101; 1912B-1295. signature by agent to memorandum re- quired by statute. 4893. Implied authority of officers, agents, or servants to contract for medical, sur- gical or other attendance or supplies for sick or injured persons. 3-570; 1912C-474; 1918A-791. Independent contractor, person employed as sales agent as constituting. 1918C-658. Insurance agent as agent for insured, right to act. 6-441. limitations on authority of agent to waive conditions in policy, effect. 2- 112; 9-380; 1914A-590. right to insure own property, or prop- erty of corporation of which he is stockholder. 12-95; 1916D-1278. Payment, application of payment, right of agent to control. 1917C-584. check or draft as payment of debt, au- thority of agent to receive in ab- sence of express instructions. 9- 1198. lack of possession of evidence of in- debtedness as evidence on question of authority of agent to receive pay- ment. 19-666. Power to option as not included within power to sell. 2-423; 1914C-366. Power to sell as including power to barter or exchange. 10-421. AGENCY Continued. Traveling salesman, binding contract of sale, power to make. 1912B-356. collection of accounts, authority to make. 7-650; 14-858. Vendor and purchaser, authority ex- pressly given agent to sell land, validity of contract containing terms not expressly authorized. 1914D- 1087. Verification of pleadings by corporate agent. 1913A-212. Warranty, authority of agent to warrant. 1913D-473. B. MANNER OP EXEECISING AUTHORITY. Attorney in fact, execution and acknowl- edgment of instrument, proper method. 1913D-102. Joint or several, agency given to two or more. 1915C-618. Warranty to agent as inuring to benefit of undisclosed principal. 1918B-13Q. C. DELEGATION OF AUTHORITY. Collection agent, delegation of authority by. 1915D-12, 19. Delegation of authority by agent. 1915D-7, 26, 30, 31. power of eminent domain conferred on principal as delegable to an agent. 1-537. D. UNAUTHORIZED OR WRONGFUL ACTS OP AGENT. Adulterated food, liability of principal for sale by agent. 17-135. Automobiles, agent's negligence in driv- ing, liability of owner. 10-732; 12- 972; 1914C-1087; 1916A-659; 1917D- 1001, 1008. Executor de son tort, when agent is chargeable as. 1917E-11. False imprisonment, liability of principal for act of agent causing. 1-723; 1914B-637. Fraud of agent, liability of principal as dependent on whether fraud is com- mitted for his benefit. 1913B-829. Insane agent, liability of principal for negligent or tortious acts. 4-135. Intoxicating liquor, illegal sale by agent against instruction of principal as affecting latter's liability. 13-324. 30 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AGENCY Continued. minor acting as agent in purchase of liquor as affecting liability for ille- gal sale. 6-867; 21-187. Malicious prosecution instituted by agent, liability of principal. 1-723; 1914B- 637. Misappropriation of funds by agent for both borrower and lender, who bears loss. 1913CM68. Pledge of personalty by agent contrary to express instructions, pledgee's rights against principal. 1913C-612. principal's right to recover property or its value when pledged by agent without authority. 1913C-1290. Torts of agent, liability of wife. 21-875. Trade unions as liable for wrongful con- duct of agents. 5-601. Transportation of money by agent of common carrier without authority, liability of principal. 4-769. Usurious contract by agent as binding principal. 1916C-327. Weights and measures, agent giving false weight or measure, liability of prin- cipal for act. 1914B-1077. E. RIGHT OP ACTION BY AGENT. Tort of third person, right of action of principal or agent. 1915B-1297. Trover, right of agent in possession of personalty to maintain for its con- version by stranger. 18-572. P. LIABILITY OF AGENT. Action against agent, right of action after judgment against principal. 17-614. Agent conducting other than liquor busi- ness without license required by law, personal liability. 1913B-860. Commissions of real estate broker, lia- bility of agent employing broker. 1913E-345. Contracts in name of principal without authority, liability of agent execut- ing. 3-219; 1915D-722. Exoneration of agent from personal lia- bility for illegal receipt of money by payment over to principal. 1912D- 721. Gaming, liability of principal or agent to loser. 1918E-139. AGENCY Continued. Insurance agent, cancellation or reduc- tion of policy as directed, liability of agent to principal for failure. 1918C-1043. collection of premium, liability of agent to company for failure. 1916D-651. failure to procure insurance, liability of agent to owner of property. 1918B-1037. issuance of policy in violation of in- struction, liability to company. 1917B-493. placing insurance in insolvent com- pany, liability of agent to insured. 1912B-41. unearned premium on cancellation of policy, agent as liable for. 1916A- 1131. Intoxicating liquors, liability of person who acts as agent for purchaser for violation of liquor law. 1912C-633; 1917E-600. ^-personal liability of agent of liquor dealer for violation of liquor law. 19-582. Misfeasance of agent having charge of real property, personal liability. 19181^233. Warranty by agent, personal liability for breach. 19-773. G. RATIFICATION OF AGENT'S ACT. Loan procured by agent without author- ity, effect of retention by principal of benefit. 3-1145; 1913E-1115; 1916A-184. Ratification, as principal, of act of an- other representing himself to be agent. 13-279. Right to show ratification of agent, under general denial in replevin. 20-301. Silence as ratification of act of stranger. 1912B-151. H. UNDISCLOSED AGENCY. Agent's right to sue on contract for un- disclosed principal made in 'Ms own name. 6-556; 1917A-454. Carriers, rights of undisclosed principal of person shipping goods or livestock, as against carrier. 1918A-826. Contract involving personal trust and confidence in agent, right of undis- AGGRAVATION AGRICULTURE. 31 'AGENCY Continued. closed principal to enforce. 15-238; 1912C-907. Enforcement by undisclosed principal of contract by agent as affected by con- sideration moving from principal. 1915D-721. Frauds, statute of, sufficiency of memo- randum of sale of lands disclosing that it is signed by one party for undisclosed principal. 12-487. Judgment against agent, right of action against undisclosed principal there- after. 8-1026. against undisclosed principal as affect- ing right of action against agent. 17-614. Negotiable paper, liability of undisclosed principal. 12-679. Sealed contract, liability of undisclosed principal. 3-980. Setoff of claim against agent, right of per- son sued by undisclosed principal. 8- 554. Undisclosed principal, who is not sole party in interest, right to sue on contract made by agent. 13-955. Warranty to agent as inuring to benefit of undisclosed principal. 1918B-130. L NOTICE TO AGENT AS NOTICE TO PRIN- CIPAL. Bankruptcy proceedings, effect of dis- charge on claim omitted from sched- ule where agent had knowledge of proceedings. 1912A-549. Cancellation of fire insurance policy, suffi- ciency of notice to agent. 17-795; 1915A-1233. Dissolution of partnership, notice to agent as notice to principal. 9-244. Insurance company, who is agent so as to make his knowledge imputable to company. 1913A-849. Knowledge of agent acquired before be- coming such as imputable to princi- pal. 1912D-95. Mechanic's lien, sufficiency of service of notice on agent of owner. 16-355. Viciousness of animal, knowledge by agent as imputable to owner. 18 673. Telegraph messages, notice bv agent of addressee of exemption from liability printed on telegraph blank as bind- ing on addressee. 19-902. AGGRAVATION. Injury aggravated by treatment, liability for malpractice. 21-514. AGISTMENT. See Livery-stable Keepers. AGREED CASE. Additional evidence, power of court to re- ceive on a submitted controversy. 1915D-256. Court's power of inference upon submis- sion of agreed case. 11-148. Power of guardian ad litem to join in agreed statement of facts. 1915A- 1292. AGREEMENTS. ' See Contracts. AGRICULTURE. See Crops; Fairs and Expositions. Agricultural societies as quasi-public cor- porations. 18-1065. Aid as war defense measure. 191SD- 1105. Diseased fruit trees, fruit or vegetables, validity of statute providing for de- struction. 1917E-220. Farm loan statute, validity. 1917E-216. Hay, person employed to assist in baling as independent contractor. 1918C- 656. Insect pests, validity of statute providing for extermination. 1913A-412. Lien on crops, right of farm laborer. 20- 356. Long leases of agricultural lands, con- struction and effect of constitutional or statutory prohibition against. 15- 345; 1914A-349. Noxious weeds, duty of land owner to destroy. 1913D-432; 1917A-183. See- 150. negligence, actions failing to charge that alleged negligence must have been proximate cause of injury as prejudicial error. 20-85. reasonable doubt of individual jurors, error in instructions. 11-434. reference by trial judge to amount of plaintiffs claim in action for per- sonal injuries as reversible error. 17-573. request of defendant in criminal case for instructions, right to complain of giving by court. 1913B-75. Judge, bias of judge existing prior to trial as ground for reversal in ab- sence of showing of prejudice at trial. 1917E-954. change of judge during criminal trial as reversible error. 18-346. manner or tone of judge in remark or instruction as error. 1912A-1006. Jury, challenge to juror for cause im- properly denied as warranting re- versal where injured party exhausts his peremptory challenges. 9-279: 1915D-97. competency of resident taxpayers as jurors, erroneous ruling as ground for reversal. 6-965. disclosure by juror before verdict of facts respecting verdict or state of deliberations as prejudicial error. 1918E-668, APPEAL AND ERROR Continued. magnifying-glass, use by jury as error. 1915B-1092. papers improperly in jury-room as pre- judicial error. 6-931. peremptory challenges, allowance of excessive number as ground for re- versal. 12-371. separation of jury improperly as rais- ing presumption of prejudice. 1- 287; 1914A-737. swearing jury, record failing to show jury sworn as ground for reversal. 8-750. New trial, improper grant on ground as- signed, whether sustainable where it appears mover was entitled on an- other ground. 1913B-495. Nominal damages, failure to give as re- versible error. 5-225. Eemarks or instructions by court in pres- ence of entire panel of jurors as re- versible error in particular case. 1915B-824. Trial, denial of right to open and close as prejudicial error. 1912D-251. Variance, reversal for technical violation of rule that allegations and proof must agree. 1913D-68. Verdict contrary to erroneous instruction as harmless or reversible error. 14- 973. excessive verdict granted through pas- sion or prejudice, remittitur in case of. 3-939; 1912C-509. View in criminal case in absence of ac- cused as prejudicial error. 11-1159; 1915B-56S. Witnesses, commitment for perjury during trial as prejudicial error. 19-423. compelling defendant in criminal case to object to spouse testifying. 1915D-362. failure to swear witness as prejudicial error. 1912D-572. improper answer of witness to proper question as reversible error. 15-1090. reception of testimony of witness un- able by illness or otherwise to be cross-examined as reversible error. 16-364. Failure to Object or Except. Argument of counsel, necessity and suffi- ciency of objection and exception to APPEAL AND ERROR. 49 APPEAL AND ERROR Continued. improper argument. 7-229; 1916A- 551; 1918A-1128. Directed verdict, necessity of taking ex- ception to. 1917A-849. Evidence, admission over objection, where no motion to strike is made, effect. 1912C-711. Instructions, necessity for objection in addition to exception in order to save instructions for review. 1912B- 1231. Judicial notice, right to raise question for first time on appeal. 1914D-196. Law of case on appeal, instructions not excepted to as constituting. 1913D- 300. Necessity of motion for new trial in or- der to obtain review of sufficiency of evidence in jury cases. 4-304. Objections not raised below, infant's right to complain of errors in appel- late court. 1913B-443. Sufficiency of complaint, right to question for first time on appeal. 3-545. want of verification of pleading. 1918D-448. Waiver of objections, exception to denial of application to take case from jury, waiver by subsequent introduction of evidence. 14-222. overruling of demurrer as waived by filing other pleading. 1913B-388. 12. Decision of Appellate Court. Costs, imposition as condition of grant- ing new trial for insufficiency of evi- dence. 7-183; 20-41. Discharge of prisoner who has received excessive sentence, right of. 1916D- 369. Final judgment, power of appellate court to enter upon reversing civil cause for insufficiency of evidence. S-873. right of appellate court to direct entry of final judgment for party who asked for directed verdict below. 1914D-280. what is final judgment where judgment of trial court is reversed on appeal but subsequently affirmed. 1913C- 250. Joint tort-feasors, judgment against all, power of court to reverse or set aside as to part. 19-797. Index to Noteg^-4 APPEAL AND ERROR Continued. New trial granted by appellate court, abuse of discretion by trial court in refusing new trial as ground. 2-763. criminal case, grant on ground of newly discovered evidence. 19-508. limiting issues to -be tried by jury, right of appellate court upon grant- ing new trial. 7-116; 1912D-593; 1917E-888. Eemand of criminal case for proper judg- ment, power of reviewing court. 3 1024. Eemittitur in appellate court, erroneous kssessment by jury of interest as ele- ment of damages for personal injury. 1913B-210. excessive verdict granted through pas- sion or prejudice. 3-939; 1912C-509. Ees judicata v on second appeal, decision of appellate court upon sufficiency of evidence to prove fact in controversy. 6-791. Eeversal sua sponte, right of appellate court for variance. 1914A-468. 13. Rehearing. Amicus curiae, power to make application for rehearing. 1915A-198. Correction of judgment after becomes final but before remand to lower court for execution, power of appel- late court. 1914D-1297. Jurisdiction of appellate court to grant rehearing after remand. 11-S66; 1917A-285. Time for application for rehearing as computed by exclusion or inclusion of Sunday or holiday. 1917E-941. 14. Effect of Reversal. Acts done under judgment prior to re- versal, judgment as justification. 1914C-542. Cost of trial court, liability after re- versal of judgment. 4-79. Joint judgment where all defendants do not appeal, effect of reversal. 10 80. Judgment in another proceeding based on reversed judgment, effect of reversal. 1913A-466. Part only of judgment appealed from, effect of reversal. 1913E-1323. 50 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. APPEAL AND ERROR Continued. Eestitution, amount where property is sold under judgment subsequently re- versed. 15-672. Title to land purchased at judicial sale by attorney of party to proceeding as affected by reversal of judgment au- thorizing sale. 14-185. 15. Appeal Bonds. Abandonment or dismissal of appeal, ef- fect on liability of sureties. 1916C- 1226. Additional or new appeal or supersedeas bond in appellate court, requirement or permission therefor. 10-804; 17 378. Affidavit of property qualification, effect of failure of sureties to make. 12 586. Attorney's fees, right to recover in ac- tion on bond. 15-723. Condition in appeal bond requiring sure- ties to pay judgment of appellate court, construction. 5-90. Discharge of surety by discharge of prin- cipal in bankruptcy. 15-954. Dismissal of appeal for insufficiency of bond, liability of sureties. 1915C- 1210. Executors and administrators, appeal from revocation of probate of will or grant of letters, necessity that per- sonal representatives give bond. 20 416. Judgment against principal as evidence against surety. 9-157; 1915D-405. New trial ordered unless party agrees to reduction in amount of judgment, lia- bility of sureties on appeal bond. 1914A-1300. Release of surety through affirmance of appeal by consent of litigants. 1914A-1149. Summary judgment against surety on bond in nature of appeal bond, entry of. 1918C-1151, 11S8. Sureties, fewer than required number, validity and effect of appeal bond. 9-709. 16. Costs. Dismissal of appeal for want of jurisdic- tion, power of appellate court to award costs. 13-1048. APPEAL AND ERROR Continued. Eminent domain proceedings, costs on ap- peal, liability of land owner. 1912C- 533; 1916E-692; 1917E-262. APPEARANCE. Amicus curiae, effect of appearance of at- torney as. 1915A-198. Appeal by party irregularly served as constituting appearance binding him as to subsequent proceedings. 1912D- 411. Attorney, authority to appear in cause, power of court to investigate. 1912C-106. Condemnation proceedings, necessity for appearance by defendant. 9-476. Corporation, voluntary appearance of cor- poration in criminal case as vesting court with jurisdiction. 1916E-1290. Criminal law, accused's failure to appear in court to which change of venue taken as affecting liability on bail bond. 1912B-1188. Failure to appear as waiver of right to have findings of fact made by court. 1914D-798. Garnishment, effect of general appearance by garnishee. 21-1130. General or special, moving to set aside at- tachment for lack of jurisdiction. 18-913. moving to set aside order in cause for want of jurisdiction. 1917B-454. Special appearance by pleading to merits. 4-291; 1916E-1270. Test as to whether appearance is special or general. 1914A-11S^. Time for appearance as computed by ex- clusion or inclusion of Sunday or holiday. 1917E-935. Want of jurisdiction over person as waived by general appearance after judgment. 1914C-694. APPLIANCES. See Master and Servant; Railroads. Carrier of passengers, liability with re- spect to appliances purchased from manufacturer. 1916E-929. Dangerous character of appliance, admis- sibility of opinion evidence. 7-463. APPLICATION APPROPRIATIONS. 51 APPLIANCES Continued. Fish and game, what is appliance for taking fish or game within meaning of prohibitory law. 1912A-312. Meaning of term "appliance" as used in. law of master and servant. 19-151. Mechanic's lien law as including tools and appliances as lienable materials. 1912B-227; 1915B-966. right of one renting appliance for use by contractor. 15-383. APPLICATION. For insurance policy, see Insurance. Of payments. See Payment. Purchase money, duty of purchaser from life tenant, trustee or other donee of power to see to application. 4-371. APPOINTMENT. See Corporations; Executors and Adminis- trators; Powers; Public Officers; Trusts; Wills. Court officers or attendants, power of court to appoint. 17-904. De facto officer of public or private cor- poration making appointment, valid- ity. 1913C-1042. Jury elisor, substitute for disqualified person, power to appoint. 17-367. Power of appointment, imposed on judges, validity of statutes. 8-599. Public officer, power of governor to ap- point in absence of authority. 19- 823. Eeceiver, appointment as vesting title to property. 20-551. Summary removal of appointive officer by appointing power, right when term is not fixed. 1912C-374. APPORTIONMENT. Accretions, rule for apportionment be- tween riparian proprietors. 1914A- 481; 1918B-998. Annuities, apportionment of. 21-313. Assets or liabilities of counties, towns or municipalities, time of apportionment in case of division of territory by legislature. 18-324. APPORTIONMENT Continued. Excess or deficiency found to exist in subdivisions of tract of land. 1912A- 1273. Fire loss, rule of apportionment as be- tween compound and specific policies of fire insurance. 1914A-665. Special assessment between life tenant and remainderman, method of making apportionment. 1914B-S20. APPRAISERS. Award, necessity that all appraisers join in. 15-507; 1916B-808. Freeholder, appraiser qualified as such. 1913D-332. APPRECIATION OF PROP- ERTY. Inheritance tax as affected by apprecia- tion of property subsequent to death of decedent. 1912C-1017; 1916A-786. APPREHENDED INJURY TO BUSINESS. Payment to prevent as payment under duress. 1918B-516. APPRENTICES. Escrow, term as applicable to indenture of apprenticeship. 1916B-1032. Liability of infant on covenant in ap- prenticeship deed, 20-779. Statutes authorizing parents to contract children to another, validity. 6-941. APPROACHES. Bridge, approach as part of bridge. 1912B-792. APPROPRIATION OF LAND. See Eminent Domain. APPROPRIATIONS. "Appropriation" of public money, what constitutes within constitutional pro- vision relating thereto. 1915A-1240. 52 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. APPROPRIATIONS Continued. Bill for appropriations passed by legisla- ture, power of executive to approve in part only. 20-163. Charitable or gratuitous object, validity of appropriation by state. 1913C 1234. Fairs, validity of statute appropriating public funds for fairs. 9-52. Injury to member of militia, validity of appropriation by state to pay for. 1914B-1283. Municipal corporation, power to appro- priate moneys for celebrations and entertainments. 11-976. power to make for defense of its offi- cers. 1914C-660. power to make by resolution. 6-471. Private purposes, appropriations of pub- lic moneys* for. 1-935. Public funds, right to use for purpose other than that of appropriation. 1917B-864. Kailroads, appropriation in aid as within constitutional provision against giv- ing or loaning of money or credit of state or municipality. 1913C-1233. Statute making appropriation, effect of partial invalidity. 1916D-25. Waters, flood waters, right to appropriate as against riparian proprietor. 1914A- 82. irrigation, right of riparian owner to use water for. 17-829. APPROVAL. Constitutional amendments, necessity of approval by governor. 4-703. Delegation of power of approval, right of public officer or board. 1912B- 500. Statutes, approval of bill in part only, power of executive. 20-162. computation of time allowed executive for approval or rejection of bill. 6- 717; 1912A-801. presentation of bill to governor for sig- nature. 1914D-268. withdrawal of approval of bill, right of executive. 13-230. APPURTENANCES Easements appurtenant, conveyance of land containing no reference to "ap- APPUETENANCES Continued. purtenances" as passing easement ap- purtenant. 20-1212. way as appurtenant to close at which it neither begins nor ends. 3-643. Mechanics' liens, meaning of "appurte- nances" within statute. 1912B-10. Property within building as covered by term "appurtenance." 1916A-254. Vessels, what constitute appurtenances. 5-652. AQUEDUCT COMMIS- SIONER. Commissioner as municipal officer. 1914D 1231, ARABLE LANDS. Waste, changing arable land into wood land, or pasture or meadow into arable land as constituting waste. 1918D-543. ARBITRATION AND AWARD. 1. In General. 2. Submission or Agreement to Arbitrate. 3. Arbitrators, 4. Award. 1. In General. Color of title to realty, award by arbi- trators as constituting. 1915A-959. Insurance contract containing stipulation for arbitration, submission as condi- tion precedent to suit. 8-171; 9-83; 1915D-331. Municipality, right to arbitrate disputed claim. 18-1030. issuance of prohibition against council or executive officer to restrain arbi- tration proceedings. 20-962. Pending case as discontinued by submis- sion to arbitration. 1912A-1263. 2. Submission or Agreement to Arbitrate. Abortive arbitration, power and duty of court under contract providing for arbitration. 1914D-4S6. Enforcement of agreements to arbitrate. 1-31. ARCHITECTS AREAW AYS. 53 ARBITRATION AND AWARD Con- tinued. Law governing agreement to arbitrate. 1915C-854; 1918E-494. Parol submission to arbitration, validity. 1913D-199. Eevocation of submission, agreement to submit to arbitration, revocability. 1914B-293; 1918D-1153. institution of action as revocation. 21- 956. Specific performance of agreement to arbitrate. 1-31. 3. Arbitrators. Compensation of arbitrator. 1915D-396. Experts as arbitrators, necessity of taking testimony. 8-511. Hearings, closing against objection, or refusal to reopen, as grounds for set- ting aside award. 8-511. Negligence of arbitrator or quasi arbi- trator in exercise of honest judgment, right of action against. 1913E-651. Pleadings before arbitrator, amendment. 20-603. Presumption as to determination of all matters submitted. 1916A-345. Eehearing, necessity of rehearing and no- tice before umpire or third arbi- trator. 16-557. Submission to arbitration, necessity that arbitrators determine all matters. 1916A-345, 356. Sunday acts of arbitrators, validity. 1916B-23. Usage or custom, power of arbitrators to determine. 1916D-360. Witnesses, calling on arbitrator's own ini- tiative, right of. 18-165. failure to swear witnesses, effect on ar- bitration. 1912D-574. 4. Award. "About," meaning with reference to quan- tity awarded by arbitrators. 1918D- 705. Impeachment of award of arbitrators or referees for mistake of fact not in- volving exercise of judgment. 191SC 974, 1001. Joinder in award of all arbitrators, ap- praisers or referees, necessity. 15- 507; 1916B-808. ARBITRATION AND AWARD Con- tinued. Parol award, validity. 1913D-199. Setting aside award, inadequacy as com- pared with actual loss as ground for setting aside. 1913B-1048. preparation of award by attorney for party as ground for setting aside. 1912C-1007. refusal of arbitrators to receive mate- rial testimony as ground. 8-510. view of premises in dispute, refusal as ground for setting aside award. 8- 511. witnesses, restricting number as ground for setting aside award. 8-511. Specific performance of award affecting personal property. 5-272. ARCHITECTS. Certificate of architect made condition precedent to payment on working contract, necessity of pleading excuse for nonproduction in action for work performed. 5-721; 19-905. Compensation as dependent on his esti- mate of cost of structure. 16985; 1915C-S78. Conclusiveness of decision under working contract. 10-575; 1913 A-180. Error in plans or estimates of cost, lia- bility for. 1915C-872. Extra work ordered by architect but not in express manner provided by work- ing contract, right of contractor to recover for. 7-213; 17-81. Mechanic's lien, right of architect. 9- 97: 1913A-275; 1915A-714. Plans furnished under contract or in com- petition, architect's property in. 2- 714. Statutory regulation. 1914B-1224. AREA. Fraudulent representation as to area by vendor as actionable deceit where true boundaries are pointed out. 16- 502. AREAWAYS. Sidewalk, right of abutting owner to use for areaway. 2-366; 20-543; 1917A- 558. 54 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ARGUMENT AND MISCON- DUCT OF COUNSEL. Challenging opponent to waive his legal rights as misconduct of counsel. 1918C-382. Comment on challenge to juror by oppos- ing party, right of counsel. 1913B- 258. Corporation as party to action, comment by counsel as improper argument. 1912A-1292. Failure of party to testify in civil action, comment by attorney. 16-309. Inadmissible evidence gotten before jury as ground for new trial. 6-224; 19- 296; 1917A-441. Instruction to jury to pay no attention to argument of counsel as reversible error. 1912C-817; 1915B-736. Insurance against liability, propriety of comment on fact that defendant, other than master, in action for negligence, is insured. 1914A-948. Libel or slander action, right to comment on law where jury vested with power to determine law and facts. 1915D- 1274. Objection and exception to improper argument, necessity and sufficiency. 7-229; 1916A-551. Open and close, effect of denial of right. 1912D-251. Personal injury case, propriety of argu- ment asking jury what they would take for similar injury. 1917A-1099. Poverty or wealth of party to action, propriety of argument referring to. 1917R-312. Race prejudice, appeal to as improper argument of counsel. 1913D-1167; 1917A-944. Restricting argument of counsel in crimi- nal case as constituting reversible error. 2-435; 1917A-718. Prosecuting Attorney. Expression of opinion of guilt of accused as improper argument by prosecuting attorney. 1916A-431. Failure of accused to testify, comment by prosecutor. 3-164; 20-1273; 1917D-279. Fair trial for accused, duty of prosecut- ing attorney to see that he has. 21- 333. ARGUMENT AND MISCONDUCT OF COUNSEL Continued. Good character of accused, right of prose- cution to comment on failure to pro- duce evidence. 19-407. Prevalence of crime, reference by prose- cuting attorney as improper argu- ment. 1912A-1019. Wife of accused as witness, right of counsel to comment on failure of ac- cused to call her. 17-421; 1913D- 559. ARID LANDS. Reclamation, employment in connection therewith as within purview of Workmen's Compensation Act. 1917D- 14. ARM. Exhibition to jury in personal injury case, right of plaintiff. 1913D-247. Loss, fracture, or injury, what is exces- sive or inadequate verdict. 16-20; 1913A-1367; 1916B-391. Workmen's compensation, what consti- tutes arm within act. 1918A-536. ARMORIES. Cities required by statute to erect and maintain. 1-128. ARMS. See Deadly Weapons; Weapons. ARMY AND NAVY. See Arsenals; Military Law; Militia; Navy Yards; War. Compulsory military service. 1917C-812; 1918D-100. Conscription, validity of selective draft law. 1918B-863, 1011. Elections, right to vote of soldier or sailor in actual service. 1917B-4S5. Eminent domain, power of United States for military purposes. 1918E 48. Enlistment, infant unlawfully enlisted, right to release from detention by military or naval authorities. 16- 129; 1917C-778. Investigation of military affairs, power of legislative committee. 1916R-1060. ARRAIGNMENT ARREST. 55 ARMY AND NAVY Continued. Martial law. 1914C-22. Militia, power of federal government with respect to state militia. 1917B- 250. Pensions, effect of pensioner becoming inmate of soldiers' home. 1916C-854. Public property purchased or received in pledge from soldier or sailor, liabil- ity of civilian. 1918B-523; 1918D- 1203. Wills of soldiers or seamen. 1916A-483. condition attached to legacy or devise against service in army or navy as affecting validity of gift. 13-354. Workmen's compensation, employment in navy yard as within purview of act. 1917D-2&. ARRAIGNMENT. Necessity of arraignment in criminal case. 12-704; 1915C-1073. Waiver of arraignment. 1917D-829. ARREST. Civil Process. Bankrupt under arrest on civil process as affecting subsequent bankruptcy pro- ceedings. 1913E-570. Immunity of prisoner after interstate ex- tradition from arrest on civil process. 17-619. Motion to vacate arrest in civil action, affidavits or other evidence admis- sible. 1915A-1281. Partnership transactions, right of part- ner to arrest of copartner. 6-109. Place where order of arrest may be exe- cuted in civil action. 1912B-1376. Criminal Charge. Agent causing false arrest, liability of principal. 1-723; 1914B-637. Arrest without warrant, time when peace officer may act for misdemeanor com- mitted in his presence. 9-623. Bail, subsequent arrest as exoneration of sureties. 1912C-746. Breaking doors and arresting, right of officer without warrant on suspicion of felony. 1912B-574. ARREST Continued. . Burning building in order to arrest per- son therein, right of officer. 1913B- 630. Bystander summoned directly or by hue and cry, right and duty to assist officer making arrest without war- rant. 18-932. Carriers of passengers, duty of carrier to protect passenger against arrest by officer of law. 12-784; 1915B-244. Escaping felon, right of person attempt- ing arrest to kill. 17-900. Extradition proceedings, rearrest of per- son discharged on habeas corpus. 6 499. Homicide in resisting arrest as excusable on ground of self-defense. 4844. Insane person, right without warrant to arrest on ground of insanity. 1917D- 536. Killing misdemeanant in order to effectu- ate arrest, right of officer. 4-760. Liability of person reporting commission of offense to police officer for arrest by officer without warrant. 1917E 404. Prisoner taken to office of prosecuting at- torney, propriety and effect. 20 1123. Private person, right to break open doors in attempt to make arrest. 8-250. right to arrest another for violation of municipal ordinance committed in his presence. 1917A 599. Resisting officer, threats as constituting offense. 17-404. . Seduction as injury to person warranting arrest. 1912B-657. Seizure of property of third person as evidence, right of officer making arrest. 1915C-964. Sunday arrest, validity. 1916B-20. Voluntary escape, what constitutes, and liability of officer therefor. 1913C 694. Waiver of illegal arrest. 16-461. Warrant for arrest, affidavits for, on in- formation and belief. 1-653; 18 817. misnomer as affecting apprehension of right person. 8-35. sufficiency or regularity as reviewable by habeas corpus. 11-1054. Wrong person, arrested under warrant, liability of officer for false imprison- ment. 8-34. 56 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ARRESTMENT. Seamen's wages, construction of statute exempting.' 15-130. ARREST OF JUDGMENT. Computation of time for motion, exclu- sion or inclusion of Sunday or holi- day. 1917E-939. Legal effect of order sustaining motion.. 1912A-975. Libel or slander action, power of court to pass on motion, where jury vested with power to determine law and facts. 1915D-1275. Motion as waiver of right to move for new trial. 1914B-612. Objections to evidence as ground for motion. 1913E-72. ARSENALS. Workmen's Compensation Act as appli- cable to employment in arsenal. 1917D-14. ARSON. Attempt to commit arson, acts constitut- ing. 8-630. Barns, burning of barn as criminal offense. 1916B-143. Corpus delicti, proof in prosecution for arson. 13-803; 1914C-330. Cruel and unusual punishment. 19-731. Fire insurance, defense of wilful burning in action on policy, quantum of proof necessary to establish. 2-73; 1912A-1139. Husband and wife, burning of property of one spouse by other. 16-867; 1915A-587. Indictment, construction of statute pre- scribing form. 1918C-557. Libel or slander, charging one with arson as constituting. 17-273. Malicious prosecution, charge of arson as supporting action. 1916C-255. Other crimes, proof in prosecution for arson. 1915D-174. "Outhouse," buildings covered by term within law of arson. 1912D-1194. Ownership of property burned as affect- ing crime. 1-621; 1912A-1126. ARSON Continued. Setting fire to building or property with intent to defraud insurance company as crime. 1913C-1164. Unfinished dwelling as dwelling-house within law of arson. 15-547. Witness, conviction of arson as ground for impeachment. 1916A-274. ARTIFICE. Confession obtained by fraud or trick as ad- missible in evidence. 15-274; 1916D- 966. ART WORKS. Loss or destruction, measure of damages in absence of market value. 9-1148; 1917B-579. ASEXUALIZATION. Constitutionality of statute. 1914B-515. ASHES. Municipal liability for tort committed in removal. 1916C-242. ASPHYXIATION. Accident arising out of and in course of employment under workmen's com- pensation. 1914B-501. ASPOETATION. Necessity of alleging in indictment or information for robbery. 5-687. What constitutes within law of larceny. 21-856. ASSAULT. Admiralty jurisdiction of action of as- sault and battery. 13-1218. Attempt to commit assault, conviction of person for. 21-999. Carriers of passengers, liability for assault on passenger by fellow- passenger or stranger. 3-254; 8- 590; 18-773. Chastisement of child by parent. 1-31. ASSAULT. 57 ASSAULT Continued. Conviction for lower degree on trial for higher degree as bar to prosecution for higher degree on new trial. 4- 779. Counterclaim for assault and battery. 3- 486. Cruel and unusual punishment, what con- stitutes. 19-728; 1918B-398. Damages, adequacy or excessiveness of verdict. 16-46; 1913A-1380; 1916B- 393, 451. exemplary damages, right to recover in civil action. 11-1175; 1915B-128. mental suffering as element of dam- age!. 1915C-84. mitigation, provocation in mitigation. 1-899; 19-762; 1917D-582. Deadly weapon, what constitutes. 1912A- 1328. Discharging firearm to frighten person as assault. 1917D-617. Dog called to assistance, liability for in- juries caused by animal. 1915B-761. Encouraging another orally in making attack, liability for assault. 1912A- 830. Evidence, character or reputation of par- ties, admissibility of evidence in civil action. 1914B-881. complaints of injured person, admissi- bility. 2-234. conduct of defendant immediately pre- ceding or following assault, admissi- bility in civil action. 1914A-959. declaration of infant at time of assault as part of res gestae. 1916C-1188. relative physical condition and strength of parties, admissibility on issue of self-defense. 19-124. Innkeeper, liability for assault on guest by employee or other person. 8-688. Judgment for assault as affected by dis- charge in bankruptcy. 3-169; 12- 1011. res judicata in civil action of judg- ment in criminal proceeding for assault. 21-1185. Justification, consent of female as de- fense to civil liability for assault with intent to rape. 1916A-249. defense of property as constituting. 1917D-291, 305. intoxication as defense to prosecution for assault with intent to kill. 18- 530. ASSAULT Continued. recovery of possession of personal prop- erty, right of owner to use necessary force. 6-503. trespass as defense. 1-888; 1917D-307, 316. use of force in aid of right to pass across private property. 21-1151. Limitation of action, what is civil action for assault within statutory limita- tion applicable thereto. 1917A-118. Malicious prosecution on charge of as- lault, excessiveness or inadequacy of verdict. 1916C-255. Master and servant, liability of master for assault on servant by superior servant. 10-377. Negligence as ground for recovery in civil action. 1914B-999. bystander injured by person repelling assault, liability of latter as for negligence. 1916C-1150. Participation, presence at scene as con- stituting assault. 1917D-1034. Pleading, inconsistent defenses in civil action. 1917C-737. justification, necessity of pleading in civil action. 21-114. Pointing unloaded firearm as assault. 13-484. Eemoving disorderly person from prem- ises, liability of owner or occupant for assault. 1914A-1039. Kepelling attack without retreating, right of person assaulted on his own prem- ises. 5-999; 15-51; 1916C-918. Sheriff or constable, liability of sureties on bond for assault committed by officer. 1916D-923. Sleeping-cars, duty of company to protect passenger from assault. 1913A-900. Solicitation of chastity, civil and crimi- nal liability. 2-457. Theaters and amusements, protection of patrons against assault, duty of pro- prietor. 5-928. Third person, criminal liability of one making attack for resulting injury to third person caused in repelling attack. 11-1026. injury to as assault with intent to kill or murder. 8-789; 1912A-1063. Threat to kill unless demand is complied with as constituting assault with in- tent to murder. 1913A-202. 58 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. ASSAULT Continued. Voluntary agreement to fight as defense to action for damages. 17-1050. Wife's right to maintain civil action against husband. 1917C-903. Witness, conviction of assault as crime for which witness may be impeached. 1916A-276. Workmen's compensation, assault as acci- dent arising out of and in course of employment under act. 1913C-10, 11, 12; 1914B-501; 1915A-126; 1916B- 1302, 1307; 1918B-787, 794, 803, 804. ASSEMBLAGE. Persons idly on street, validity and con- struction of statute forbidding as- semblage. 1912B-1185. Village as meaning assemblage of houses. 1918D-259. ASSENT. Bank officer, assent to receipt of deposits after insolvency as affecting criminal liability. 1912B-317. Novation, assent of creditor es essential to novation by substitution of debtor. 1914A-339. Passenger, assent to limitation of bag- gage liability of carrier, necessity in order to bind passenger. 1912B-287. Shipper, assent to valuation of goods fixed by contract, necessity and es- tablishment. 1913D-982. Stockholders, necessity of assent to con- solidation of corporations. 19-1266; 1918A-165. ASSESSMENTS. See Beneficial Associations; Insurance; Special Assessments; Taxation. ASSESSORS. Erroneous tax assessments, civil liabilitv of assessor. 4-942. Tax assessor as municipal officer. 1914D- 1231. ASSETS. See Bankruptcy; Banks; Corporations; Executors and Administrators; Mar- shaling Assets; Partnership; Be ceivers. ASSIGN. Meaning of "assign" or "assignee/ 1913B-734. ASSIGNMENTS. Accounts, assigned account as factor of mutual account. 1913D-819. Alimony, assignability. 10-393. "Assign" or "assignee," meaning of term. 1913B-734. Attorney and client, burden of proof aa to good faith of assignment by client to attorney. 18-123. Beneficial associations, assignment of mutual benefit certificate to one hav- ing no insurable interest. 1913B-864. Bills and notes, liability of transferrer of non-negotiable paper on his in- dorsement. 1912B-706. Bond for title to realty conditioned against transfer, effect of restriction on rights of assignee. 1915A-1127. Book accounts, manner of assigning. IS 447. Building and loan association, debt due by member to association, assignabil- ity. 1914D-1153. Building contract, assignment of proceeds by contractor, subcontractor or mate- rialman. 1918D-609, 642, 644, 650. Cause of action against railroad company for negligent killing of domestic ani- mal, assignability. 7-502. destruction of property by fire, assigna- bility of cause of action. 20-259; 1913D-929. Check as assignment of drawer's funds, death of maker as affecting rights of parties. 1915A-445. ordinary bank check as assignment of funds of drawer. 5-189; 1913D-418. Claim against United States, scope and construction of statute prohibiting as- signment. 20-1119. Conflict of laws, law governing assign- ment of insurance policy. 1913LB-925. Contract not to engage in similar busi- ness, assignability. 16-261. Convicts, contract leasing convicts, right of lessee to assign. 16-744. Copyrights, right of assignee to copy- right. 16-1128. ASSIGNMENTS. 59 ASSIGNMENTS Continued. Corporation, right of action for fraud as passing by transfer of assets to new corporation. 1915B-951. Damages for breach of contract, assign- ability of right of action. 1912A- 497. Debt or claim for collection in another jurisdiction, validity of statute for- bidding assignment. 1916D-870. Equitable action, validity of assignment of right to file bill in equity for fraud committed on assignor. 1912D- 549. Executions, debt due execution plaintiff, effect of assignment to sheriff. 12.- 382. sale on execution, right of assignee to enjoin. 1918C-270. Executory contracts, assignability as af- fected by element of personal trust and confidence. 1-853,15-370; 1915D- 291. Expectancy in estate, release by heir to ancestor, validity. 1913B-451. transfer by heir or beneficiary to stranger, validity. 1916E-1241, 1259, 1263, 1267. Fire insurance, assignment of policy after loss. 3-476. giving of chattel mortgage as assign- ment of change of interest of in- sured within prohibition of policy. 1918D-862. Fraudulent sales and conveyances, trans- fer of insurance policy on debtor's life as transfer in fraud of creditors. 1912B-896. Industrial insurance policy, rights of as- signee as affected by "facility of payment" clause. 1918B-1199. Insurance contract, law governing assign- ment. l-39; 1913B-926. Joint tort-feasors, claim satisfied by one joint tort-feasor and assigned to him as actionable. 9-519. Judgment or execution issued thereon, effect on lien of assignment to or for benefit of judgment debtor. 1917C- 557. interest in judgment, effect of assign- ment. 1912B-525. opening, right of assignee of party to action not personally served to have judgment opened. 1912A-1166. ASSIGNMENTS Continued. partial assignment, validity and effect? of. 1913E-843. rights passing to assignee as incident to assignment. 7-423. Judicial sales, assignee of purchaser as entitled to notice of proceeding to vacate. 1914D-760. redemption after statutory period, as- signment of certificate of sale as af- fecting right. 1913E-1191. Lease assigned by one co-lessee to an- other as breach of covenant in lease against assignment. 16-318. right of assignee of lease to enforce option to purchase. 5-914. Lien for repairs, assignability. 1916A- 619. horseshoer's lien, assignability. 1916A- 619. Life insurance, delivery of policy or writ- ten assignment to assignee as essen- tial to assignment of life insurance. 1914D-700; 1916A-824. gift of policy as necessitating assign- ment thereof. 1914D-298. insurable interest of assignee, right of insured to assign to one not having such interest. 5-360; 7-912; 12-686; 1913B-864. validity of assignment of policy to creditor. 1912A-653. wife's right to assign policy in her favor on life of husband. 1917B- 302. Lease, breach of covenant against assign- ment by assignment by one colessee to another. 16-318. construction of restrictive covenant against assignment. 1913B-889. death of lessee, covenant against as- signment as affecting transmission of lessee's interest. 12-978. distinction between assignment of lease and sublease. 7-537. renewal of lease, right of assignee to enforce. 12-969. rent liability as affected by tenant's assignment of lease or sublease. 1916E-788, 832, 837, 842, 844. ^waiver of covenant against assignment by acceptance of rent. 1913A-1202. Liquor license, right to assign or trans- fer. 1913A-461. Mechanic's lien, assignee of lienable claim as entitled to lien. 21-962; 1915C-1119. 60 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. ASSIGNMENTS Continued. assignor as necessary or proper party to action by assignee to foreclose. 1918B-5. priority as between lien claimant and assignee of amount due contractor. 19-435; 1913D-514; 1918C-1081. Mines and minerals, assignee of contract to onvey mineral rights as bona fide purchaser. 1918C-468. Misrepresentation by party to contract es available to assignee of contract. 1912A-1124. Mortgages, assignment, right of one pay- ing indebtedness to have assignment. 1914B-562. prior equities, rights of assignee as against. 1918C-479. recording acts as applicable to assign- ments. 5-339; 1914C-753. redemption by assignee of equity of re- demption, necessity as to payment of all subsequent debts. 1914A-732. Municipal contract, validity and enforce- ability of provision forbidding as- signment. 1912A-363. Mutual account, assigned account as mutual account. 1913D-819. Optional contracts, right to assign option to purchase land. 1914B-1228. specific performance of optional con- tract, right of assignee. 1913A-364. Parol assignment of insurance policy, validity. 5-410. Partial assignment of claim or demand founded on contract. 1912A-673. Patents, implied warranty of validity. 18-58. Penalty, assignability of right of action for. 1916D-893. Personal injuries resulting from negli- gence, assignability of right of ac- tion. 6-444. Priority of successive assignees of chose in action as dependent upon notice to debtor. 17-442. Public officers, unearned salary or fees of public officers, assignment. 4-423; 10-636; 1913B-1080. Setoff, claim assigned before suit, right of party to setoff. 19-323. Trademark and trade names, assign- ability. 2-218; 1917A-260. ASSIGNMENTS Continued. Vendor and purchaser, contract for sale of realty, interest taken by assignee of executory contract. 5-419. rescission, right of assignee to sue for. 1917E-845. restriction against assignment, validity and enforceability. 1913A-229. Wages, assignee's right to preference in bankruptcy. 1916B-351. statute invalidating assignment of un- earned wages except under pre- scribed conditions, validity. 1913B- 531; 1915C-691; 1917A-760. validity of assignment of unearned wages. 5-64; 6-765. Waste, right of action, assignability. 1914C-262. "Without recourse," implied warrantv arising out of assignment of chose in action. 1912A-923. Written contract for purchase of land, necessity for writing under statute of frauds on assignment. 15-1177. ASSIGNMENTS FOR BENE- FIT OF CREDITORS. See Bankruptcy; Insolvency. Attachment of property assigned for benefit of creditors, right of assignor to move to dissolve. 1916D-479. Barred debts, revival by inclusion in schedule of liabilities. 4-940. Bond of assignee, judgment against prin- cipal as evidence against surety. 9- 158; 1915D-408. Conditional sale contract, validity as against vendee's assignee. 1916A- 1261. Corporation, right of stockholder in ac- tion by assignee to set off debt due him from corporation against his un- paid stock subscription. 1913E-1027. Credit sale of goods, accrual of right of action for price as affected by assign- ment. 7-545. Dividends, rights of secured creditors. 2-274; 13-1089. Execution sale, right of assignee to en- join. 1918C-270. Judgments and orders from which as- signees may appeal. 1914A-1236. Landlord's lien as divested by insolvency of tenant. 15-386. ASSISTANCE ASSOCIATIONS. 61 ASSIGNMENTS FOE BENEFIT OF CRED- ITORS Continued. Life insurance policy as passing to as- signee for benefit of creditors. 20- 1186; 1915B-1289. Necessary expense in administering es- tate under assignment, what is. 1918D-921. Nonassent of some or all of creditors as affecting validity of assignment. 1913A-818. Partition of insolvent's property, right of assignee to sue for. 16-560. Bent, liability of assignee for benefit of creditors. 1916E-815. Eeservation of balance or surplus under assignment or transfer for payment of debts as rendering transaction void. 1912D-500. Setoff against assignee, right of debtor of insolvent creditor to set off lia- bility as indorser of note. 1914D- 747. Surety as creditor from commencement of suretyship. 1912B-626. ASSISTANCE. Conversion, liability of one who renders assistance to another in depriving owner of his property. 21-1194. Passengers, duty of carrier to assist. 13-596. Voters, assistance at elections. 191 2B- 109. Workmen's compensation, accident aris- ing out of and in course of employ- ment as covering assistance to work- men. 1914B-502. ASSISTANCE, WRIT OF. Appoalability of order granting or re- fusing. 10-1042; 1913D-1129. Equity, power of court to allow writ in action to quiet title. 1915B-1095. Writs of assistance. 1913D-1120. ASSISTANTS. Dentist, liability for act of assistant. 1914A-275; 1918C-1190. Deputy and assistant defined and distin- guished. 1912A-1270. Servant employing assistant, liability of master for injury to assistant. 4 444; 14-389; 1913C-792. ASSOCIATE COUNSEL. Absence of associate as ground for con- tinuance. 1913C-431. employment of associate counsel et ex- pense of client, right of attorney. 15-1180. Personal liability of attorney for fee. 1917B-524. ASSOCIATIONS. See Beneficial Associations; Building and Loan Associations; Chambers of Commerce. Actions, liability to suit in association name in absence of permissive stat- ute. 6-833; 7-645. right to sue in association name in ab- sence of permissive statute. 3-699. By-laws, amendments, validity as to exist- ing members. 1914D-63. Communistic society as contrary to public policy. 11-236. Contract made by or in behalf of un- incorporated association, personal liability of member. 21-1088; 1916A- 853. Credit report between members as to in- dividual as privileged. 1916E-547. Dues, legal obligation of member of un- incorporated club or society to pay. 1912B-989. Embezzlement by member of unincorpo- rated association. 14-725. indictment, sufficiency with reference to allegations of ownership by asso- ciation. 18-343. Gaming, applicability of statute against gambling to social club. 1912A-995. Gift inter vivos to unincorporated asso- ciation, validity. 1912A-689. Initiations, injuries sustained by appli- cant for membership during initia- tion, liability. 12-554. Injunctions against association, violation by individual member as criminal contempt. 3-28. unincorporated labor union as defend- ant in action to enjoin strike. 7- 645. Intoxicating liquor, application of statute regulating traffic to bona fide social club distributing liquors to members. 1912A-1088. 62 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ASSOCIATION^ Continued. Larceny from association, sufficiency of allegation in indictment as to owner- ship of property. 18-1123. Mandamus as remedy against unincorpo- rated association. 16-1246; 1914B- 90. Membership in unincorporated associa- tion, what constitutes. 17-1145. termination of membership by expul- sion. 1913C-399. Name, protection in use of its name, right of unincorporated benevolent, fraternal or social organization. 1918A-245. Quo warranto proceedings against joinder of parties. 1918D-216, 222. Recourse to courts by members of benev- olent and like associations to pro- tect property rights. 1915B-318. ASSUMPSIT. See Money Had and Received; Payment; Work and Labor. Eight to sue in assumpsit for value of converted property used or consumed by tort-feasor. 17-975. Waiving tort and suing in assumpsit. 1913D-228; 1915C-1135. ASSUMPTION OF MORTGAGE. See Mortgages. ASSUMPTION OF RISK. See Master and Servant. ASYLUMS. See Hospitals and Asylums. AT. Meaning of word "at." 1912B-1070. "At" a certain age. 1912B-1080. "At an interval." 1912B-1080. "At his death." 1912B-1080. "At or before." 1912B-1077. "At or near." 1912B-1076. "At or upon." 1912B-1077. "At the date." 1912B-1077. "At the end." 1912B-1079. "At the expiration." 1912B-1079. "At the same time and place." 1912B- 1079. "At the time." 1912B-1078. "At the trial." 1912B-1080. AT COURTHOUSE. Meaning as designating place of sale under mortgage. 11-166. AT LARGE. Meaning of term as applied to animals. 9-284; 1912B-1081. AT ONCE. Meaning as used in accident insurance policy with respect to disability fol- lowing accident. 1914D-380. ATMOSPHERIC ELEC- TRICITY. Injury arising by discharge from wire, liability of electric company. 1912A- 252. ATTACHMENT. 1. In General. 2. Grounds. 3. Who Liable. 4. Property Subject. 5. Procedure. 6. Lien. 7. Care and Custody. 8. Forthcoming Bond. 9. Wrongful Attachment 1. In General. Appearance for purpose of moving to set aside writ for want of jurisdiction as general or special appearance. 18-913. Chattel mortgage lien, waiver by attach- ment levy. 4-487; 17-957; 1916O- 408. Execution sale, right of attaching credi- tor to enjoin. 1918C-264. Purchaser pendente lite, attaching credi- tor as. 1918C-66. Release of attached property, payment under duress to obtain. 1913A-1355. Residence as synonymous with domicile in attachment statutes. 1915C-787. "Security," attachment process as consti- tuting. 1914D-624. Title to personalty levied on, acts or statements of defendant while in pos- session of property, admissibility on issue of title. 1914D-690. ATTACHMENT. 63 ATTACHMENT Continued. 2. Grounds. Foreign corporation, right to issue against on ground of nonresidence. 1916E-362. Fraudulent sale or conveyance of prop- erty as ground. 5-618. Sale of property without delivery or change of possession as ground. 1914D-1094. 3. Who Liable. National banks, attachment against. 3- 1155. "Person" as used in attachment statute as including private corporation. 20- 740, 744; 1914A-1309. Waiver of attachment as against third persons by enlarging original claim. 18-1022. 4. Property Subject. Bankruptcy, funds held by trustee as liable to attachment. 13-810. Cars of foreign railroad, liability to at- tachment. 2-349; 9-440; 11-910. Corporate stock, foreign corporation, shares of nonresident as subject to attachment. 1915A-570. right to attach shares of nonresident at location of corporation. 1912D- 954. Decedent's estate, right of creditor to attach under writ against executor or administrator. 5-912. Equitable interest in personal property as subject to attachment. 11-669. interest in real property as subject. 1916C-786. Exemption of money "due" or "to be paid" as applicable to money after payment. 7-755. right of debtor to exemption as af- fected by preparation to remove from state. 1913C-729. seamen's wages, construction of statute exempting from attachment. 15-130. Goods in transit in hands of carrier, right to attach. 1914B-910. Intoxicating liquors, liability to attach- ment. 17-300. Materials furnished to be used in con- struction of building, liability to at- ATTACHMENT Continued. tachment at suit of contractor's creditor. 1913A-876. Promissory note, liability to seizure and sale under attachment. 15-980. Property subject to attachment. 5-618. 5. Procedure. Affidavit for attachment, effect of alter- native or disjunctive statement of grounds. 11-27; 20-576. Appeal in principal action as bringing attachment proceeding up for review. 1918A-516. judgment for defendant, effect of ap- peal by plaintiff. 1913B-180. Cattle on range, what is sufficient levy. 1916B-995. Collateral attack, levy as subject to. 1913C-146. Ittssolution of attachment by death of defendant. 1917A-149, 163. right of defendant to move to dissolve. 1916D-476. Intervention, right of claimant of at- tached property to intervene. 18- 594. Levy on personal property, what is suffi cient. 1916B-984, 1000. Possession under attachment as provable under general denial in replevin. 20- 299. Proceeds of attachment, priority of pay- ment, right of attaching creditor pursuing absconding debtor. 1913C- 292. Prorating proceeds of attached property among creditors. 1913C-285. Quashing writ, motion as barred by giv- ing statutory bond to dissolve. 12- 170. Variance in statement of claim between affidavit and declaration. 3-186. Writ, junior writ, rights of parties on sale under. 1917B-710. loss of writ, proof by parol of contents of lost or destroyed writ of attach- ment. 1916D-252. omission of word "dollars" in writ, effect. 1915C-335. 6. Lien, Corporate stock, rights of unregistered transferee as against attachment levied on stock. 21-1394; 1917A- 428. 64 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E ATTACHMENT Continued. Divestiture of lien by subsequent occupa- tion of land for homestead purposes. 1913B-1149. Life of attachment kept in force for benefit of creditor, right to have. 1913C-292. Priority between writ of attachment and check as to funds in bank. 5-190. lien not perfected by judgment during husband's lifetime as prior to widow's share in estate. 1913A-343. 7. Care and Custody. Erpense of keeping attached property, liability for. 1913E-758. Injury or loss of attached property, lia- bility of attaching officer. 1912A- 1114. measure of damages recoverable from attaching officer. 1912a-1116. 8. Forthcoming Bond. Amendment of bond, right of. 1917D- 117. Judgment against principal as evidence against surety on bond. 9-157; 1915D-407. Principal's discharge in bankruptcy as discharge of surety. 15-956. Punitive damages as recoverable in ac- tion on bond. 1915A-349. Substitution of phrase "et el." in place of names in bond. 14-572. Sureties fewer than required number, validity and effect of bond. 9-708. 9. Wrongful Attachment. Agency, liability as between principal and agent for wrongful attachment. 1-723. Attorney's liability to client for negli- gence or unauthorized action. 1917B- 27. Damages, counsel fees as damages, right to recover on dissolution of attach- ment. 10-954; 1914D-815. injury to credit as element of damages for wrongful attachment. 1915A- 1221. measure of damages recoverable for wrongful levy under writ. 1915B- 1219. ATTACHMENT Continued. mental suffering as element of damages for wrongful attachment. 2-D5. Suing out attachment maliciously and without probable cause, liability for. 7-547. Termination of attachment proceedings as condition to maintenance of action for wrongful attachment. 1912A-445. ATTACKS. Bight of person assaulted to repel attack. 5-999; 15-51. ATTEMPT TO SAVE LIFE. Contributory negligence, attempt as con- stituting. 4-925; 1917C-654. Workmen's compensation, injury in at- tempt as accident arising out of and in course of employment. 1916B- 1298. ATTEMPTS. Arson, acts constituting attempt to com- mit. 8-630. Assault, conviction of person for attempt to commit assault. 21-999. Bribery and attempt to bribe, distinction between. 1916A-816. Crime, elements of attempt to commit. 8-630. necessity for averring overt act in in- dictment. 7-140. False pretenses, what constitutes attempt to obtain money by. 1917B-1230. Perjury, what constitutes offense of at- tempting to suborn perjury. 17- 1182. Bobbery, attempt to commit. 1918A-406. Solicitation of chastity as constituting attempt to commit sexual crime. 2- 457. Suicide, attempt to commit as indictable offense. 8-354. ATTESTATION. See Deeds; Mortgages; Wills. "Subscription" to will as included under term "attestation." 16-1091. ATTORNEY GENERAL ATTORNEYS. 65 ATTORNEY GENERAL. ATTORNEYS-Continued. Grand jury, right to appear before. 1912D-935, 945; 1915D-161. Information, right to file and prosecute. 1914B-143. Intervention in proceeding in interest of public charity, right of state or at- torney general. 1913D-138. Litigation in which state is interested, exclusive control of attorney general. 1914D-155. Misconduct of attorney general as ground for suspension or disbarment as at- torney. 1917B-234. Opinion of attorney general, weight and effect. 1913C-1307. Quo warranto proceedings by attorney general, necessity of leave of court. 6-912. ATTORNEYS. 1. Privileges and Disabilities of Profes- sion. 2. Relation of Attorney and Client. A. RIGHTS AND LIABILITIES INTER SE. B. LIABILITY FOB NEGLIGENCE. C. AUTHORITY OF ATTORNEY. 3. Fees and Compensation. A. GENERALLY. B. ALLOWANCE BY COUBT. C. PROCEDURE FOR RECOVERY. 4. Lien. 5. Law Partnership. 6. Judicial Control Over Attorneys. A. ADMISSION TO BAB AND PRACTICE or LAW. B. DISBARMENT. C. COMPELLING PERFORMANCE OF DUTY. See Argument of Counsel; Attorney General; Prosecuting Attorneys. 1. Privileges and Disabilities of Pro- fession. Accused trying own case without attor- ney, right and effect thereof. 1913C- 739. Additional counsel, appearance for party to cause after jury have been im- paneled as prejudicial to opposing party. 1912B-666. Admissions of attorney upon former trial, admissibility in evidence. 10-1063. Arbitration award prepared by attorney for party as cround for setting aside award. "l912C-1007. Index to Notes 5 Affidavit or oath made by attorney for party to proceeding, sufficiency. 7- 49. disqualification of notary public to take affidavit where he is attorney for party taking oath. 6-37. Amicus curiae, attorney as. 1915A-193. Appointment of inexperienced or unfaith- ful counsel or of insufficient number of counsel to represent defendant in criminal case as reversible error. 1912C-457. juvenile offenders, appointment of coun- sel to represent. 1916E-1016. Attestation to deed or mortgage, attor- ney for party as competent attesting witness. 15-593. Bankruptcy, fiduciary capacity of attor- ney within Bankruptcy Act. 1915A- 1297. Confession of accused procured under pre- tense of being attorney, admissibility in evidence. 15-276. Contempt, injunction against client vio- lated by attorney as criminal con- tempt. 3-29. Costs, personal liability of attorney. 21- 879. Depositions, disqualification to take by reason of interest. 6-610. "Expenses" as including attorney fees. 1914C-300. incidental expenses of action, personal liability of attorney. 1917B-520. Foreign laws as provable by attorney, admissibility and weight of testi- mony. 20-1339. Illegal contracts, agreement to test valid- ity of statute or attempt to prevent enforcement, legality. 1913A-126. facilitation of divorce, validity of con- tract with husband or wife therefor. 1918E-905. procurement of legal business, validity of contract by attorney with third person for purpose, 2-836; 17-690. Judge, disqualification from having been of counsel. 10-972. relationship of attorney to judge or participation by judge as attorney as disqualifying judge. 1917A-1238. formerly interested in estate as coun- sel, as disqualified to act in estate matter. 1912C-1169. 66 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ATTORNEYS Continued. Libel and slander, communication be- tween attorney and client as privi- leged within law. 1912A-479. imputation upon lawyer as libel or slander. 1912A-376. privilege from prosecution for state- ments made in judicial proceedings as privileged. 7-603; 1917E-169. Municipal corporation, right to employ counsel to assist its regularly re- tained counsel. 1913D-921. Notary public, attorney as notary, dis- qualification to take affidavit where he is attorney for party taking oath. 6-37. Presence or consent of counsel on giving further instructions to jury after retirement, necessity for. 17-536. Privileged communications between attor- ney and client. 1913A-3. before employment, communication as privileged. 21-217. communication to attorney in view of litigation as privileged. 1916C-702. -disclosure of person employing 'him to defend another charged with crime s within rule. 1916E-335. overheard communication as privileged against testimony of person hearing. 10-178. several clients for whom attorney is acting jointly as affecting rule. 11- 877. subject matter of employment, neces- sity that communication be in regard to. 4-531. testamentary matters, communications in regard to as privileged. 14601; 1912A-839; 1916C-1073. waiver by introduction of testimony. 20-1285; 1913 A-32; 1916I>-1087. Production of books or papers belonging to client, right to compel attorney. 1916A-34. Remarks of counsel, instruction to jury to pay no attention as reversible error. 1912C-817. Scandalous or disrespectful language in brief, what action court will take. 9-166. School districts, power to employ counsel. 1918A-502. Silence when opposing attorney during trial states matters of fact admitted ATTORNEYS Continued. by adverse party as admission of such matters. 1913E-945. Stipulation by counsel as conferring jurisdiction on appellate court to pass on question not raised below. 1912A- 1037. Surety for client, right of attorney to become. 18-837. Tax on occupation of attorney, validity. 1912A-599. Verdict, right of attorney to receive in absence of judge. 16-90. Witnesses, competency of attorney as wit- ness when trying his own case. 1913B-711. failure 'to call attorney as witness as raising presumption against client. 1914A-919; 1918B-1134. propriety and competency of attorney as witness for client or adverse party. 13-31. 2. Relation of Attorney and Client. A. EIGHTS AND LIABILITIES INTER SE. Abandonment of contract of employment with client, what is sufficient ground. 1912D-640. Absence of counsel as ground of continu- ance of trial. 1913C-431. divorce case, absence of counsel as ground for continuance. 1914B-361. Acting for party adverse to former client in same general matter, propriety and effect. 1912B-212; 1916A-651. Advice of counsel as defense to action for malicious prosecution. 1-932; 11-954; 1912D-423. ground for opening default judgment. 1917A-709. sheriff as exonerated from liability for failure to execute process through acts or instructions of attorney. 4- 979. Death of client or dissolution of corpora- tion as terminating relation of attor- ney and client. 1913A-712. Decedent's estates, employment of attor- ney by personal representative, lia- bility for services. 1-771. Discharge of attorney, right of client to discharge at will. 19-592. Dismissal of action, right of client with- out attorney's consent. 1-247; 1917A- 570. ATTORNEYS. 67 ATTORNEYS Continued. Forgctfulness of attorney as ground for opening or setting aside default judg- ment. 1914B-590. Good faith of transaction in case of as- signment or conveyance by client to attorney, burden of proof. 18-123; 1918E-1159. Interpleader, claims against client, right of attorney to file bill. 1-513. Intoxication of attorney as ground for new trial. 1913D-500. Judicial sale, right of attorney of party to proceeding to purchase property. 21-274. Limitation of actions, client's debt to at- torney barred by statute, validity of acknowledgment. 1916E-436. negligence of attorney as excuse for failure to bring action within time limited by statute. 20-397. Malicious prosecution, liability of attor- ney in bringing suit for client. 1915B-718. Negligence or incompetence of attorney as ground for new trial. 1913D-498. Notice to attorney as notice to client. 3-441. knowledge by attorney of defective legal proceedings as imputable to client and affecting title acquired at judicial sale. 14-185. Purchase from adverse party of subject matter of employment, right of attor- ney. 1915C-953. Settling litigation without consent of at- torney, validity of stipulation in con- tract of employment prohibiting client. 13-444; 1913D-306. B. LIABILITY FOR NEGLIGENCE. Burden of proof in action against attor- ney for negligence or wilful violation of duty. 2-603; 14-342. Fraudulent concealment by attorney of cause of action against him in favor of client, what constitutes within statutes of limitations. 9-78. Judgment entered against client through negligence or mistake of attorney, equitable relief. 10-447. Money collected by attorney when limita- tion statute begins to run against action by client to recover. 15-1208; 1914C-640. ATTORNEYS Continued. Negligence or breach of duty, liability of attorney. 1917B-3, 54. Survival of action for negligence of at- torney. 6-651. C. AUTHORITY OF ATTORNEY. Accused person's right to be present at rendition of verdict, authority of at- torney to waive. 13-1214. Appearance of attorney in cause, power of court to investigate authority to appear. 1912C-106. Associate counsel or assistants, right to employ at expense of client. 15- 1180. Collections, power of attorney to extend time of payment of claim. 1913B 1295. Compromise of client's cause of action, right of attorney. 21-57J; 1915B- 832. Confession or consent to entry of judg- ment, authority of attorney. 1914C 548. validity of provision in note in absence of statute authorizing attorney to appear and confess judgment. 16- 895. Expenses incident to suit for client, au- thority of attorney to incur. 1912D- 313. Implied authority of attorney to prose- cute proceedings for review. 16-928. Process, attorney as agent within statute providing for service of process on agent of foreign corporation. 19- 202. service of summons by plaintiff's attor- ney, validity. 1914A-1201. Vacation or opening of judgment in favor of client, authority of attorney. 1916B-724. 3. Fees and Compensation. A. GENERALLY. Agreements between attorney and client for compensation, validity. 1-299. Amount in controversy, attorneys' fees stipulated for in note as calculable in determining. 1912B-233. Appeal bond, right to recover attorney's fees in action on. 15-723. 68 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ATTORNEYS Cont inucd. Attachment, fees of attorney as damages recoverable on dissolution. 10-954; 1914D-815. Attorney appearing for himself, taxation of his fees as costs. 5-834. Bankruptcy act, fees of attorney as valid preference thereunder. 3-280. Bills- and notes, allowance of fees by court under ' provision in negotiable instrument. 20-1371. amount in controversy as determinable by stipulation for fee in note. 1915B-233. indorser as bound by stipulation for fees in bill or note. 1917C-1082. negotiability of note as affected by stipulation for attorney's fee. 4-263; 1912D-6, 165. reduction of stipulated fee to bring amount due on note within jurisdic- tion of court. 5-309. validity of stipulation for fees in promissory note. 1917D-365, 375, 378. Champertous contract, value of services rendered under, right to recover. 1913B-1091. Change of venue, attorney fees as charge- able against county. 1913B-190. Collection^, claim taken to collect on per- centage, right to fee where client takes claim out of attorney's hands. 1912C-741. Compromise of action against client's di- rections as affecting right of attor- ney to compensation. 1913D-410. Contingent fee, settlement between client and adversary as affecting right of attorney. 18-1115. Contract for compensation after fiduciary relation established, validity. 191 7A- 531, 549. refusal by court to enforce as unreason- able express contract for compensa- tion. 1914B-983. Corporation, employment of attorney by majority stockholders, right to re- cover for services from corporation where litigation results favorably to minority. 1912C-380. Costs, taxable costs as property of attor- ney or client. 21-1042. Death before completion of contract, re- covery for services, right to and amount. 1914D-210. ATTORNEYS Continued. Detinue or replevin bond, attorney's fees as recoverable in action on. 1916D- 874. Divorce, fees incurred by wife in divorce action, liability of husband. 15-21; 1917A-689, 702. Executor or administrator, compensation for legal services performed by per- sonal representative. 1913A-1273. power to employ attorney under ex- press contract as to amount of com- pensation. 1917B-216. Expenses, fees as included under term. 1914C-1300. Federal government claims, validity of statute limiting amount of attorney's fees. 1918C-863, 872; 1918E-538. Infant, liability for services of attorney. 5-131; 1914D-604. Injunction, counsel fees recoverable as damages on dissolution. 8-712; 13- 262; 1912D-715. Insane person, right of attorney to re- cover for services rendered. 1915A- 729. Interest on attorney fees. 1916E-249. Liability insurance, right of insured to recover from insurer costs, counsel fees, etc., incurred in defending suit where insurer fails to defend. 1913E-11L Libel and slander, counsel foes as dam- ages in action for. 16-514. Mechanic's lien law providing for taxing, validity. 11-714; 1916D-1044. Mortgage foreclosure, fees as fixed in mortgage, validity and enforceability. 19-1068. Reasonable attorney's fee, what is, in ab- sence of contract. 1916B-263; 191SD- 945. Receiver, personal liability for attorney's fees. 1917B-354. Retaining fee, right of attorney to. 19- -489. Services beneficial to person not employ- ing attorney, right of latter to re- cover. 12-776; 1917A-423. Solicitation of business as forfeiture of right to compensation. 10-S42; 1917C-872. B. ALLOWANCE BY COURT. Action for personal services, validity of statute allowing taxation of attor- ney's fees as costs. 17-282. ATTORNEYS. 69 ATTORNEYS Continued. Annulment of marriage, power of court to grant counsel fees pendente lite. 5-380; 20-1347. Contempt proceedings, imposition of costs and counsel fees. 1913B-565. Execution sale, allowance in action to en- join. 1918C-306. Indigent person, right to compensation of attorney appointed to defend. 1913E- 206. Matrimonial action pending appeal, al- lowance of counsel fees. 3-51; 15- 229; 1915B-1249. reconciliation of parties, power of court to allow attorney fees thereafter. 1913A-798. Partition proceedings, allowance of fees in. 12-854. Railroad injuring animals, attorney fees as penalty for failure to fence tracks, validity of statute. 3-184. counsel fees where railroad fails to pay for injury within specified time, validity of statute allowing recovery. 17-633. Special assessment actions, validity of statute authorizing allowance of fees. 11-811; 1912A-692. Taxpayer's action, recovery of counsel fees. 1913C-915. Unsuccessful party in action to construe will, allowance of counsel fees. 1915C-716. C. PROCEDURE FOR RECOVERY. Expert evidence on question of value of services, admissibility and necessity. 20-53; 1914D-369. Limitation against action by attorney to recover for services, when statute be- gins to run. 1913A-416. 4. Lien. Collusive settlement after verdict as affecting attorney's lien. 1913E-646. Constitutionality of statute giving attor- ney lien on cause of action. 8-709j 1913C-69. Dismissal of action by client as affecting lien of attorney. 1-247. Extent of attorney's lien on judgment. 1916E-387. Federal Employers' Liability Act as affecting lien statute. 1918E-502. ATTORNEYS Continued. Forfeiture of lien by voluntary with- drawal from action. 1913E-540. Notice by attorney to judgment debtor of lien on judgment, sufficiency. 12- 343. Papers in attorney's possession connected with litigation as subject to lien. 1917B-147. Partition proceedings, lien for attorney's fees on land which is subject matter of litigation. 9-625. Tort action, lien as extending to. 191 7D- 917. Trustee as client, right to lien as affected by fact. 12-778. 5. Law Partnership. Death of member of law partnership, effect upon executory contracts. 1- 401. Power of member of law partnership to bind firm for purchases or on nego- tiable paper. 6-129. 6. Judicial Control Over Attorneys. A. ADMISSION TO BAR AND PRACTICE OF LAW. Admission to bar, 'legislative .or judicial power to determine qualifications. 10-198. residence as affecting right. 17-878. rule regulating admission, validity. 1917A-552. Corporation, right to practice law. 12- 674; 19-882. Judge of court of record, right to prac- tice as attorney. 1914B-446. Practicing law without license as con- tempt of court. 1917B-1200. What constitutes practicing law. 18-658; 1918C-131. B. DISBARMENT. Grounds and Defenses. Acquittal of criminal charge as defense to disbarment proceeding for same offense. 10-887. Acting for party adverse to former client as ground. 1912B-214. Commission of act in another jurisdiction as ground for disbarment. 17-599. Conviction of crime as condition prece- dent to disbarment therefor. 8-847. 70 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ATTORNEYS Continued. Criticism of decision of court as ground for disbarment. 15-205; 1918A-283. Divorce advertising as ground for dis- barment. 1916A-904. Fraud in procuring license to practice as ground. 20-212. Misconduct in official or fiduciary capa- city other than that of attorney as ground. 1917B-232. Pardon as affecting right to disbar for criminal misconduct. 1917A-1226. Res judicata, judgment in criminal pro- ceeding as conclusive in proceeding to disbar. 21-1190. Scandalous or disrespectful language in brief as ground. 9-168. Solicitation of employment as ground. 17-627; 1918E-133. Usury, taking as ground for disbarment. 1914C-287. Wrongful retention of money as ground. 17-692. Procedure. Appointment of attorney to prosecute proceedings without compensation, validity of statute authorizing court. 1915B-187. Judge's membership in body investigat- ing or conducting proceeding as dis- qualification for hearing. 1913A- 1229. Jury trial, right to in disbarment pro- ceeding. 1913D-1162. Power of courts to disbar attorneys. 5- 990; 15-419. Review of disbarment proceedings, right of attorney. 10-544; 1918B-836. Witnesses, right to be confronted with witnesses against him in disbarment proceedings. 6-582. Effect. Disqualification for public office as result- ing from disbarment. 20 122. Reinstatement of disbarred attorney. 1912A-813. Status in another court as affected by action of disbarring court. 1917D- 572. Witnesses, admissibility of proof of disbarment or suspension to discredit attorney as witness. 1916B-487. ATTORNEYS Continued. disbarment as "crime" for conviction of which witness may be impeached. 1916A-276. C. COMPELLING PERFORMANCE OF DUTY. Summary jurisdiction, payment over of money, power of court to compel at- torney as applicable only where re- lation of attorney and client exists. 18-115; 1916C-1147. performance of act other than payment of money, power of court to compel as applicable only where relation of attorney and client exists. 1913B- 236. ATTORNEYS IN FACT. See Agency. ATTORNMENT. See Bailments; Landlord and Tenant. ATTRACTIVE NUISANCE. See Nuisances. AUCTIONS. Agent's sale to himself at public auction, validity. 1912A-1175. Combination between bidders at tax sale, validity. 1913D-962. Conditions of sale. 1912A-1128. parol declarations as to, admissibility. 1912A-1180. Delivery of property sold at auction sale. 1912A-1134. Fiduciary capacity of auctioneer within Bankruptcy Act. 1915A-1297. License tax or fee imposed on auctioneer, validity. 1915B-815. Memorandum by auctioneer, sufficiency to satisfy statute of frauds. 1912D- 1069; 1915C-1079. Price of personalty at auction sale as evidence of value. 1916D-800. Refusal of auctioneer to knock down property to highest bidder at sale, right of action for. 16-386; 1918 A- 850. Warranty of property sold, power of auctioneer to make. 1915C-581. AUSTRALIAN BALLOT LAWS AUTOMOBILES. 71 AUSTRALIAN BALLOT LAWS. Constitutionality of acts. 4-144. Validity and effect of law with, respect to numbering ballots. 6-970. AUTHORITY. See Agency; Attorneys; Auctions; Cor- porations; Depositions; Husband and Wife; Referees. AUTHORS. See Copyrights; Literary Property. Spelling, punctuation, and literary style as elements in identifying author of writing. 20-1336. AUTOMATIC DEVICES. Cars, vehicles, etc., within statute re- quiring equipment with automatic couplers. 1913A-949. Locomotives, validity of statute requiring equipment with automatic bell-ringer. 1914D-1289. AUTOMOBILES Continued. Ownership, license number on vehicle as evidence. 1916D-1163. collusiveness of license registry on issue of ownership. 1918E-737. Pedestrians, rights and duties in high- ways with respect to automobiles. 4-400. Eailroad crossings, accidents to automo- biles. 1913B-680; 1915B-767; 1916B- 166. Sales agency contracts, nature and con- struction. 1917E-568, 581 j 1918E- 466. Speed, opinion evidence as to. 19-754; 1917D-613. Trademarks and trade names, infringe- ment of name of automobile or auto- mobile accessory by use of similar name. 1915B-328. Vehicles coming within terms "auto- mobile" "motor vehicle," etc. 16-608. motor vehicles as included within term "vehicle," "carriage," etc. 6-922; 1913B-755; 1916B-513. AUTOMOBILES. 1. In General. 2. Statutory Regulation. 3. Liability of Owner or Driver. i. Garages and Garage-keepers. See Motorcycles. 1. In General. Collision between street-car and automo- bile, application of last clear chance doctrine. 1916E-515. Defective construction, liability of maker to third persons. 1913B-694; 1916C- 446; 1917E-584. Independent contractors, employment in connection with automobiles. 1918C- 654. Insurance of automobile against casualty, fire or theft. 1915A-627; 1917D-53. "collision," meaning of term in policy. 1914B-848. election to have injured car repaired as substituting new contractual relation. 1918B-1043. larceny of vehicle, necessity of show- ing intent. 1916A-1128. liability insurance of owner. 1915A- 634;"l917D-61; 1918D-540. 2. Statutory Regulation. Failure to comply with statutory regula- tions as to registration, license, dis- playing number, etc., as affecting rights and liability of owner or driver. 18-242; 1913B-680; 1914A- 128; 1918B-1147; 1918D-847. Jitney buses, state or municipal regula- tion. 1916A-1233; 1917C-1051; 1918C- 946. License fee imposed on automobiles using highways of state as regulation of interstate commerce. 1912D-239. state statute licensing automobiles as precluding imposition of municipal tax or license fee. 1914D-483. statutory regulation as to licensing 1915C-712. Municipal regulation with respect to equipment, use of streets or the like. 1916E-1047. Name and address of person operating to be given to person injured, validity of statute requiring. 1913C-925; 1915A-165; 1917E-588. Negligent operation by any person, validity of statute making owner liable." 1915A-1170. 72 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AUTOMOBILES Continued. Nonresidents, validity of inclusion or ex- clusion in statute regulating use of motor vehicles. 1917E-324. Partial invalidity of statute relating to use of motor vehicles on highways, effect. 1916D-58. Regulation of automobiles as police or revenue measure. 1915D-133. Speed regulations, constitutionality of statutes and ordinances. 3-495; 7- 551; 8-437; 11-728; 1916E-1067. Statutory regulation in matters other than speed. 5-793; 12-291; 1915C- 712. . Taxicabs, municipal regulation. 1914D- 735. proprietor es common carrier. 1916D- 767. Territorial limits, prohibition of use within certain limits, validity of stat- ute or ordinance. 15-1169; 20-516. 3. Liability of Owner or Driver. Bicycles, rights and duties of persons driving automobiles in highways with respect to persons on bicycles. 21- 656. Chauffeur or agent, liability of owner for acts or negligence. 10-732; 12-972; 1914C-1087; 1915D-476; 1916A-659; 1917D-1001, 1008; 1918D-241, 1134. personal injuries of chauffeur, liability of owner. 1916E-1090. Child of owner driving ear, liability of parent for acts. 1914C-1091; 1916A- 661; 1917D-1002; 1918E-1137. Collision with motorcycle, right of action of driver of latter. 1917A-221. Criminal liability of owner or driver for injuries inflicted. 18-239; 1914A- 684; 1918B-1082; 1918E-1146. Dangerous machine, automobile as in- herently dangerous. 19-1229. Driver other than servant or child, liabil- ity of owner for act. 1916A-668; 1917E-228. Frightening horses, care required as to. 6-658. Guests, liability of owner for injury to one riding as invited guest. 1915D- 345; 1918B-1098; 1918E-1127. Highways, rights and duties of persons driving automobiles. 13-463; 21- 48; 1916E-661. AUTOMOBILES Continued. use of automobiles on streets, duties and liabilities of drivers. 5-793; 6- 658, 922; 7-551; 8-1092. Homicide resulting from negligent opera- tion as manslaughter. 1918E-1146. Killing dog, liability of owner or driver. 1914B-83. Law of road as to automobile and street- car traveling in same direction. 1913E-1121. Leased or demonstrating car, responsibil- ity for negligence of driver. 1916A- 673. Negligence of driver as imputable to occupant or guest. 19-1225; 191 3B- 684; 1915B-769; 1916E-268; 1918B- 841; 1918C-961. Standing in street unattended, liability for resulting injuries of one who leaves automobile standing. 16-402. Street-cars, duty of person driving auto mobile in highway as to persons on street-car. 21-655. Unregistered motor vehicle, liability for injury irrespective of negligence. 1918B-1147. 4. Garages and Oarage-keepers. Building restrictions against erections less than certain distance from front line as applicable to garage. 1914A- 12. Garage-keeper, liability for safety of automobile intrusted to him. 1913E- 835; 1915D-957. Lien on automobile for repairs or storage. 1916A-630. assignability of lien for repair. 1916A- 619. Municipal regulation of garages. 1915C- 186. Trade fixtures, right to remove building erected for use as garage. 1915D- 265. AUTOPSY. Insured person's body, construction of provision in life or accident policy giving insurer right to autopsy. 1916A-156. Physician performing as within rule ap- plicable to privileged communications. 1913C-689; 1916D-709. Bights of person entitled to possession and control of dead body. 3-136. AUTREFOIS ACQUIT BAGGAGE. ,73 AUTREFOIS ACQUIT. See Criminal Law. AVERAGE CLAUSE. Fire insurance, validity and construction of clause in policy. 1913D-1305. AWARDS. See Arbitration and Award; Eminent Domain; Workmen's Compensation. Fairs and expositions, appeal to courts from decision as to award, right of exhibitor. 15-191. Salvage award, review of. 20-561. AVERAGE WEEKLY EARNINGS. Meaning in workmen's compensation or similar act. 1913D-1024; 1914C-186; 1916B-519; 1916C-892; 1918B-640; 1918E-1054. Tips as part of earnings or wages under Workmen's Compensation Act. 1918B- 1122. AVULSION. See Waters and Watercourses. AWNINGS. Building restrictions as applicable to awning. 1914A-6. Fall causing personal injury, liability of person maintaining awning. 10-718; 17-376. AX. Deadly weapon, ax as. 1912A-1330. B BACK. -Injury, excessiveness or inadequacy of verdict. 16-37; 1913A-1375; 1916B- 395, 454. BAD CHARACTER. Impeaching one's own witness- by proof of bad character. 1914B-1123. BAD FAITH. Broker's right to commission as affected by bad faith of principal who deals through him. 1913E-787. BADGES. Validity of statute 'making it offense to wear badge by person not member of society. 21-1037. BAGGAGE. Aisles of cars obstructed by baggage, negligence of carrier in allowing. 12-887; 1913B-814; 1914D-168. BAGGAGE Continued. Articles used for or by child, right of father to recover from carrier for loss. 7-61. Calling for after arrival, what is reason- able time for passenger so as to ter- minate liability of carrier as such. 16-712; 1915B-634. Damages for breach of contract of car- riage, mental suffering as element. 1915D-89. punitive damages, right to recover for failure of carrier to transport bag- gage to proper place. 11-837. Delivery to carrier, sufficiency to render carrier liable. 14-912; 21-160. Drummer's samples as baggage. 6-828. "Equipment" meaning in statute defining luggage. 1913B-200. Gratuitous passenger, liability of carrier for baggage. 1912C-629. Hand-baggage, liability of carrier for loss or injury. 1912D-1156. Innkeepers, intrusting baggage to inn- keeper or his employee as establish- ing relation of innkeeper and guest. 1918A-541. 74 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BAGGAGE Continued. Limitation of liability of carrier to cer- tain amount, validity and effect of stipulation on passenger ticket. 191 2B- 285. Interstate Commerce Act as affecting carrier's limitation for injury or loss. 1912B-672; 1915D-612. ocean steamship ticket limiting liabil- ity, validity and effect. 9-913. LOBS of property not ordinarily regarded as baggage but received as such by baggage agent, liability of carrier. 13-240. Property carried by passenger as baggage but belonging to another, right to re- cover for loss. 13-329. Safe place for delivery to passenger, duty of carrier to provide. 1916C- 1213. Sleeping-car company's liability for bag- gage. 14-521; 1912B-974. Street railways, duty and liability as to passenger's effects. 9-201. Transportation on same train, right of passenger. 15-391. What constitutes baggage. 21-729; 1915C- 1050. BAGGAGE-MASTERS. Authority to remove trespassers from baggage -cars. 1-777. BAIL AND RECOGNI- ZANCE. Action on criminal bail bond as civil or criminal proceeding. 10-293. judgment against principal as evidence against surety on recognizance bond. 9-157; 1915D-407. Appeal in action under criminal bail bond, right of state. 10-294. Change of venue, failure of accused to appear in court to which change is taken, liability on recognizance. 1912B-1188. Clerk of court, power to take bail in criminal cases. 6-951. Custody of defendant out on bail, right of court during trial to order. 1912D- 211. BAIL AND RECOGNIZANCE Continued. Discharge of surety on bond, effect of bankruptcy discharge on liability of surety. 3-65; 15-959. enlistment of principal in military or naval service as working. 6-616. Exoneration of sureties on criminal bail bond, sickness or death of principal as. 1915B-434. subsequent arrest of principal as. 1912C-746. Flight of accused under bail, and for- feiture of recognizance as admissible in evidence. 18-901. Forfeiture of recognizance, calling ac- cused and entering default upon rec- ord as conditions precedent. 8-1020. interest as allowable on forfeited bail bond. 1916C-114. remission of penalty, time when court may remit on forfeited recognizance. 20-1261. Habeas corpus, right of person out on bail to writ. 5-552; 1912C-951. Illegal arrest as waived by giving bail bond. 16-462. Indemnity from principal to sureties on bail bond, validity of contract. 16- 1036. negligence of bail as releasing surety on indemnifying bond. 1913E ioo. promise to indemnify surety on bail bond, application of statute of frauds. 6-673. Money deposit in lieu of bail in criminal eases.- 5-153; 1913D-194; 1918D-536. Name of surety, necessity that it appear in body of bond. 1912A-695. Repeal of statute as affecting right of prisoner to bail. 1-221. Eight to bail, granting as matter of right or of discretion. 1-12; 9-619. Sunday, taking of bail or recognizance bond as affecting validity. 1916B-21. Sureties on bail bond, exemption from statute against carrying concealed weapons. 1914A-258. less than required number, validity and effect of bail bond. 9-708. liability of sureties, whether ends with conviction or continues until execu- tion of judgment. 3-930; 13-569. "Witnesses, recognizance of witness for his appearance in criminal case, power of court to require. 1912D- 338. BAILIFFS BAILMENTS. 75 BAILIFFS. Fees of bailiff, personal liability of attor- ney. 1917B-521. BAILMENTS. Adverse possession of property in hands of bailee as conferring title. 1917A- 1163. Animals, duty of owner to disclose vicious propensities to bailee. 18- 814. Baggage of gratuitous passenger, liability of carrier as gratuitous bailee. 1912C-630. Bathhouse proprietor, liability for losa of property of patron. 8-91. Burglary, liability of bailee for loss of goods. 4-1085. Checked property, liability for loss or destruction of property checked for safekeeping. 21-97. Conditional sale as distinguished from bailment. 12-879. Conversion, necessity of demand to supi port action of trover or conversion where personalty is in possession of defendant as bailee. 1913A-1105. unauthorized use of chattel by bailee as conversion. 3-470; 12-692; 1918C- 948. Executions, levy upon interest of bailee. 15-868. Food placed in cold storage, care re- quired of bailor. 1916A-536. Gambling apparatus in hands of bailee as subject to seizure and destruction. 2-938. Garage-keeper, liability for safety of automobile intrusted to him. 1913E- 835; 1915D-957. Grain, deposit in warehouse as bailment or sale. 10-1074. Horses and wagons, bailment as constitut- ing bailor independent contractor. 19-23. Infant as bailee, liability for negligence and wilful tort. 1913A-974. Injury to or loss of property, right of bailee to recover for. 14-635; 1912D- 79. BAILMENTS Continued. Innkeeper, liability as to effects of de- parted guest. 2-346. Insurance of goods by bailee or ware- houseman. 1913A-143. Interpleader, bailee's right to. 1-513. Lien for private storage of goods, right in absence of agreement for lien or of statute authorizing it. 1913D- 1300. Livery-stable keeper letting vehicles or horses for hire, liability. 2-345. lien, priority as between liens of livery-stable keeper and chattel mort- gagee. 1914B-316. Loss of goods, presumption as to negli- gence of bailee. 1-23; 21-842. rule that burden is on bailee to ex- plain as applicable when bailee does not have exclusive possession. 1913D- 947. Negligence of bailee as imputable to bailor in action by latter against stranger for injury to property. 18- 537. Negotiable paper, fraudulent transfer by bailee to bona fide purchaser, rights of holder. 5-583. Partial injury to personal property, meas- ure of damages recoverable from bailee. 1915D-799. Safe deposit box, mutual rights and lia- bilities of parties. 1912B-441. property deposited therein as subject to garnishment. 1914A-968. Special contract to return bailment in good condition or pay value, liability of bailee under. 15-162. Teams, tools, appliances, etc., bailed to contractor for use in erecting build- ing or other work, right of renter to mechanic's lien. 15-383. Theft by servant of bailee, liability. 1- 96. Title of bailor, right of bailee to deny. 19-521; 1918E-1201. Warehouseman, liability where delivers goods to original bailor without notice of transfer of receipt. 1914D- 1305. loss of goods by fire, liability. 1914A- 1123. 76 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BAKERS. Bakers as engaged in trade. 1916A-1199. Bread manufacture or sale, validity of statute or ordinance regulating. 17- 617. BAKING-POWDER. Baking-powder as "food." 1913E-1292. BALANCE DUE. Legal meaning of term. 1918E-785. BALLOTS. See Elections. BALL-PLAYERS. See Baseball. Contract for services. 1914B-2. BANANA PEEL. Municipal liability^ for injuries caused by banana peel or the like on sidewalk. 1918E-178. Passenger injured by slipping on banana peel, liability of carrier. 21-1144; 1916E-1087. BANKABLE. Meaning of term. 1913C-1255. BANK EXAMINERS. Appointment, status, powers and liabil- ities. 1916E-219. BANKING. Meaning of term. 18-829. BANK NOTES. Larceny, indictment, necessity of alleging value. 2-858. Money, bank note es money. 4-630. Payment by bank note as proper medium at judicial sale. 1915C-999. BANKRUPTCY. 1. In General. 2. Persons Subject to Bankruptcy. 3. Jurisdiction and Procedure. 4. Effect of Adjudication, 5. Assets of Bankrupt. 6. Claims Against Estate. 7. Eights and Liabilities of Trustee. 8. Preferences and Voidable Transfers. 9. Discharge in Bankruptcy. 10. Revival of Discharged Debt. 11. Offenses by Bankrupt. 1. In General. Barred debt, inclusion in schedule of lia- bilities as revival. 4-939. part payment by bankruptcy trustee of joint maker of note as removing bar as to other makers. 11-59. Insolvency, when person deemed insolvent within bankruptcy law. 11 449. National Bankruptcy Act as affecting state Insolvency Act with respect to who may be adjudged bankrupt. 1913E-957. Malicious prosecution, institution of bank- ruptcy proceeding as ground for action. 1916D-909.. State insolvency statute inoperative be- cause of conflict with federal law, necessity for re-enactment after change in federal law. 19-608. Statutes relating to bankruptcy, effect of partial invalidity. 1916D-37. Witnesses, constitutional privilege, as abridged by Bankruptcy Act. 2-177; 5-42; 17-130. 2. Persons Subject to Bankruptcy. Corporations subject to involuntary bank- ruptcy under bankruptcy law. 11- 359. t "persons" in statute as including cor- porations. 1914A-1310. Farmer, who is person "engaged chiefly in farming" within bankruptcy law. 16-511; 1915-101. "Kesidence" as synonymous with "domi- cile" in Bankruptcy Act. 1915C-788. Wage-earner within meaning of act, who is. 20-979. 3. Jurisdiction and Procedure. Ancillary jurisdiction of bankruptcy courts. 17-973. BANKRUPTCY. 77 BANKRUPTCY Continued. Appellate jurisdiction of federal supremo court. 16-1016. Computation of time, fractions of day computable for purpose of determin- ing rights in bankruptcy proceedings. 2-136. Evidence, improbable testimony by bank- rupt. 1917B-1096. Examination of bankrupt, time for. 19 1 - 1039. Jury trial, right in action by trustee to recover property fraudulently trans- ferred by bankrupt. 1912B-126. Petition, delivery of document to officer when not at office as "filing" thereof. 18-251. Schedule of debts required by law, suffi- ciency. 10-742. 4. Effect of Adjudication. Bankrupt under arrest on civil process, effect of bankruptcy proceeding. 1913E-570. Dower rights of bankrupt's wife, effect on. 19-1087. Fire insurance, insolvency of company as canceling policy. 1915A-1236. insured's bankruptcy, effect on rights under policy. 14-889; 1914D-931. Foreign property, effect of bankruptcy of owner on title to property in foreign country. 21-1040. Garnishment, bankruptcy of principal debtor in garnishment proceedings as affecting rights acquired. 18-382. Homestead conveyance by bankrupt, effect in bankruptcy proceeding. 1917C-1004, 1012. entryman under homestead law, effect of bankruptcy on debts contracted prior to patent. 1912D-285. Landlord's lien as divested by bank- ruptcy of tenant. 15-386. Limitation of actions, effect of bank- ruptcy on limitation of time to bring suit. 4-149; 1912D-1022. Mechanic's lien, right as affected by bankruptcy of owner of property. 1917C-292. Mortgage liens as affected by bankruptcy proceedings. 1913E-850. Payment by debtor to bankrupt creditor after institution of bankruptcy pro- ceedings, validity. 1914A-242. BANKRUPTCY Continued. Salary or pension of public officer or em- ployee as affected by bankruptcy. 1916D-629. Separation agreement, obligation arising under, as affected by bankruptcy of obligor. 1912B-668. Spendthrift trust as affected by bank- ruptcy of beneficiary! 1918D-91. Stock brokerage contract as effected by bankruptcy of customer. 1915B-924. 5. Assets of Bankrupt. Life insurance policy as passing to trus- tee in bankruptcy. 20-1185; 1915B- 1289. Membership or seat in stock or produce exchange as assets. 10-243. Partnership, individual property of non- bankrupt partner as assets. 13-996; 1916A-744. Title of bankrupt to property, time in proceedings when divested. 9-544. Tort in favor of bankrupt, right of ac- tion as passing to his trustee in bankruptcy. 12-940. 6. Claims Against Estate. Proving claim as precluding claimant from afterward suing thereon as grounded in fraud. 1912B-820. Rent claim as provable in bankruptcy. 1916A-944, 948. Setoff under American acts. 1916C-975, 988, 990. Surety of bankrupt as creditor within Bankruptcy Act. 1912B-626. Unliquidated claim for tort as provable in bankruptcy. 9-448. Wages as preferred claim. 1916B-343. 7. Bights and Liabilities of Trustee. Assignee in bankruptcy as purchaser pendente lite. 1918C-67. Attachment of funds held by trustee. 13-810. Conditional sale contract, validity as against vendee's trustee in bank- ruptcy. 1916A-1262, 1270. Fraudulent conveyance, right of trustee to sue to set aside before reduction of creditor's claims to judgment. 5- 804. 78 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BANKRUPTCY Continued. Garnishment of funds held by trustee. 13-810. Necessary expenses of trustee, what con- stitute. 1918D-922. Partition of insolvent's property, right of trustee or assignee to sue for. 16- 560. Kent of leasehold held by bankrupt, lia- bility as constructive assignee ther<>- of. 1916E-816. Taxes owing by bankrupt, duty of trustee to pay. 3-238. 8. Preferences and Voidable Transfers. Attorney's fees as valid preference. 3- 280. Composition with creditors, validity of note or other security given as secret preference. 16-1072. Fraudulent transfer by bankrupt, right of creditor to set aside. 11-932. New credit after preference, right of pre- ferred creditor to setoff. 1916C-981. Partnership property applied to payment of debt of individual partner as voidable transfer. 15-65. Period within which transfer is invalid, computation from record or entry thereof, construction of provision of Bankruptcy Act. 1914D-706. "Seasonable cause to believe" preference was intended, construction of clause in act avoiding preference in such case. 16-826. "Eequire," legal meaning of word in stat- ute relating to conveyance by bank- rupt. 1912A-1239. Setoff by bank of deposit against debt due bank by depositor as voidable transfer under law. 15-307; 1916C- 990. Surety of bankrupt as discharged by principal's payment contrary to bank- rupt law. 13-922. 9. Discharge in Bankruptcy. Alimony and support of children, effect of discharge in bankruptcy on claims. 2-268. Collateral attack in state court, discharge as subject to. 18-601. Conversion, liability therefor as affected by discharge in bankruptcy. 20-310. BANKRUPTCY Continued. Corporation, discharge in bankruptcy as releasing director's or stockholder's liability. 1913A-723. Evidence, mode of proof in state court of discharge in bankruptcy. 1914A- 1104. Fiduciary capacity," meaning of phrase as used in section 17 of Bankruptcy Act. 1915A-1295. Fraud or obtaining property by false pretenses or representations, effect of discharge on liability. 20-308. fraudulent transfer of property by bank- rupt, right of trustee to recover property as affected by his discharge. 1912B-250. Judgments, alienation of affections, judg- ment as affected by discharge in bankruptcy. 3-169. wilful and malicious injuries to person or property, effect of discharge upon judgment therefor. 3-169; 5-771; 12-1011; 1917A-212. Misappropriation of corporate funds, effect of discharge in bankruptcy on indebtedness of officer therefor. 1912D-218. Omitted claims, effect of discharge in bankruptcy upon claim omitted from schedule. 1912A-547. ! knowledge by creditor of omission as affecting rights of parties. 1912A- 549. Partnership, discharge of individual part- ner, as affecting his liability for partnership debts. 3-800. Eefusal of discharge, false statement to mercantile agency as ground. 1916D- 760. Res judicata, refusal as res judicata in subsequent bankruptcy proceedings. 1913C-1184. Surety on bond of bankrupt as dis- charged by latter's discharge in bankruptcy. 3-65; 15-953; 1912B- 781. official bond, discharge of principal as discharge of surety. 4-66. [Wages to be earned in future, assignment of wages as affected by discharge in bankruptcy. 13-366. 10. Revival of Discharged Debt. Part payment as new promise sufficient to revive. 19-147. BANKS. 79 BANKRUPTCY Continued. Unconditional promise sufficient to revive debt discharged in bankruptcy or in- solvency. 9-646; 1913C-742. When promise by bankrupt to pay debt must be made in order to revive debt. 7-972; 1914D-667. 11. Offenses by Bankrupt. Concealment of * assets by bankrupt "knowingly." 1912A-437. Conspiracy to conceal assets, sufficiency of allegations in indictment as to object of and means of accomplish- ing. 21-45. Contempt by bankrupt in failing to turn over property. 20-889. Corporations, criminal liability for viola- tion of bankruptcy law. 1916C-464, 470. Witnesses, concealment of property by" bankrupt as crime for conviction of which witness may be impeached. 1916A-276. BANKS. 1. Status and Regulation. 2. Omcers and Agents. 3. Conduct of Business. A. GENERALLY. B. COLLECTIONS. C. DEPOSITS. 4. Insolvency. 5. Savings Banks. 6. National Banks. 1. Status and Regulation. Acts constituting doing "banking busi- ness." 18-829. Bank examiners. 1913E-219. Banking as "trade." 1916A-1199. Bank notes as money. 4-630. medium of payment by purchaser at execution or other judicial sale, bank note as proper medium. 1915C-999. Clearing-houses, law of. 1914C-512; 1917A- 350. Depositaries of public funds, rights, duties and liabilities. 1916B-1239. Federal Reserve Act, validity. 1917C- 1099; 1918D-1175. Guaranty fund, validity of statute levy- ing assessment on banks therefor. 1912A-490. BANKS Continued. Income taxes as aifecting banks. 1913C 1008. Independent contractor, collection of com- mercial paper as constituting bank independent contractor. 19-23. Lien on stock in favor of banking cor- poration, validity of statute or by- law providing. 3-188. Moneyed corporation, what is. 20-136. Number of banking corporations in par- ticular locality, right of state to con- trol. 1913A-261. Private banking, state regulation. 10- 903; 1914A-171. Quasi-public corporation, bank as. 18- 1065. Eailroad company's power to engage in banking and loaning business. 4 911. Statutes relating to banks, effect of par- tial invalidity. 1916D-37. Taxation, exemption of capital stock as covering what property. 437. national bank deposits, taxation by state. 1912D-37. 2. Omcers and Agents. False report or statement as to bank's condition, civil liability of bank di- rector for making. 4-246. Imputability to bank of knowledge of cashier where latter is engaged in in- dependent acts in his own interest. -681; 1912C-295. Indictment for violation of banking law, construction of statute prescribing form. 1918C-558. Lease of bank property, cashier's power to make. 1912A-99. Mortgage of bank property, cashier's power to make. 1912A-95. Personal liability to depositors and stock- holders for mismanagement by offi- cers. 1915B-529. Process, officer of bank doing business for foreign corporation as agent within statute providing for service of process on agent of foreign cor- porations. 19-206. Release of person liable on bill or note, power of cashier. 6-52. 80 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BANKS Continued. 3. Conduct of Business. A. GENEEALLY. Acquisition of own corporate stock, right of banking corporation. 17-1265; 1914B-1020. Advances to shipper on security of bill of lading with draft attached, title and right of bank to goods. 141053. Discount before maturity and without notice of promissory note void for usury as affecting its validity in hands of bank. 12-1149. draft with bill of lading attached, lia- bility of bank which discounts draft for breach of contract of sale where vendee pays draft. 1913B-45. False pretenses as arising from fraud on bank. 1917B-1235. statement by bank officer to obtain de- posit as constituting crime of ob- taining money under false pretenses 1916C-1162. Forged pension check cashed by bank, right of United States to recover money paid to bank. 16-1189. Guaranty contract, liability of bank. 1916D-554, 565, 570. Pledge of assets to secure deposit, power of bank to make. 1915C-171. Privileged communications, information acquired by banker as privileged from disclosure. 1916C-703. Safe deposit box, mutual rights and lia- bilities of owner and lessee. 1912B 441; 1918C-910. Usury, discount of accommodation paper in excess of legal rate without notice of nature thereof as usury. 191 2D 887. B. COLLECTIONS. Checks indorsed in blank and forwarded for collection, title to. 2-117; 5-S18. Collection by bank by check on itself as payment. 1915C-664. Liability of bank sending paper to drawee bank for collection. 8-372; 1912B-123. Note made payable at bank, what consti- tutes payment. 1917A-508. payment to bank as discharging maker. 5-298. Paper received for collection sent by bank direct to payer or drawer, lia- bility of bank. 5-658. BANKS Continued. Protest and notice, duty of bank receiv- ing paper for collection in absence of express instruction. 1918A-892. C. DEPOSITS. Assignment of deposit, ordinary bank check as assignment of funds of drawer. 5-189; 1913D-418. Certificate of deposit issued by another bank which is placed to depositor's credit, rights of parties. 1913D-425. Crediting note to depositor's account as constituting bank holder in due course. 11-206. Creditor's bill to reach deposit in bank. 1914B-946. Dishonor of check, damages recoverable by depositor for wrongful dishonor. 7-819; 10-899; 1913A-1001. financial credit of depositor as admis- sible in action for damages. 10-988. Escheat of bank deposits. 1914B-157. Failure of bank to apply general deposit on depositor's note as discharging surety or indorser. 7-1007. Forgery, liability of bank to true holder or payee of check paid on forged in- dorsement. 1917D-1058. right of bank paying money on forged signature to recover. 1912D494. Garnishment, money deposited in name of debtor but belonging to third person as reachable in garnishment proceed- ings. 1917C-1145. Gift inter vivos, complete execution as arising from deposit in bank to credit of another. 3-865; 1917E-367. Husband and wife, right of putative wife to joint bank deposit. 1913A- 243. Interpleader, conflicting claims to deposit as subject to. 1-513. Joint deposit, rights of parties. 1916D 519, 529, 533. putative wife's right to joint bank de- posit. 1913A-243. Lien or seto'ff of bank against deposit for debt due it by depositor. 2-206; 19- 487. depositor's debt not yet due. 1915A 688; 1917C-1205. Limitation against action to recover de- posit, running of statute. 4-1146. BANKS. 81 BANKS Continued. Mistake, right of bank to recover money paid by mistake. 1-632; 1912D-494. Notice, memorandum on check as notice to bank. 1913B-1342. Oral orders, payment or transfer by bank upon oral order. 6-632. Pass-book and vouchers, duty of deposi- tor to examine. 17-122; 1914D-465. lien of attorney on bank or check book in his possession connected with liti- gation. 1917D-149. Public funds, deposit as preferred claim against insolvent bank. 8-116; 1916B- 1264. Eaised check, liability to depositor for paying. 5-774. Setoff by bank of deposit against debt due bank by depositor as voidable transfer under bankruptcy law. 15- 307; 1916C-990. Special deposit as distinguished from general deposit, what is. 1913E-45; 1918B-390. liability of bank for distribution of special deposit. 1914B-677. Third person claiming adversely to deposi- tor, right of bank to pay money on deposit. 1912C-125. Trust funds, personal liability of trustee for loss of funds deposited in bank. 1915C-50. withdrawal, liability of bank for know- ingly permitting improper with- drawal. 12-669; 1914B-677. Trusts, deposit of money in bank as creating trust in favor of another. 12-167. Wrong payment, bank's liability notwith- standing by-law. 1-100; 14-481. 4. Insolvency. Criminal liability of officer for receiving deposit consisting of check on same bank. 1916E-592. intent as element of crime. 1917B- 1081. liability as dependent on officer's re- ceiving deposit in person. 1912B- 316. validity of statute making it crime to receive deposit in insolvent bank. 20-1323. Preferred claim, deposit of public funds as. 8-116; 1916B-1264. Index to Notes 6 BANKS Continued. trust fund deposit as preferred claim. 1913D-391. Setoff of deposit against debt to insolvent bank, right of depositor. 1917C 1187, 1203. When bank is insolvent. 1916C-85. 5. Savings Banks. Mismanagement of savings bank, liabil- ity of officers or trustees to deposi- tors. 1913B-424. Pass-book, duty of depositor to examine pass-book and vouchers. 17-122; 1914D-465. estoppel of bank to impeach account stated in pass-book. 18-331. Eeceivership of savings banks, setoff against receiver. 1916D-600. Eecovery of deposit, without production of pass-book, right of depositor. 1914I>-23. Trusts, deposit in trust or to credit of another as savings bank trust. 1- 904; 14-924; 1913E-516. What constitutes savings bank. 21-1207. Wrong payment, liability of savings bank notwithstanding by-law. 1-100 j 2 259; 14-481. 6. National Banks. Acquisition of shares of own stock, right of national bank. 17-1268. Assessment of shares owned by married woman. 5-743. Attachment against national bank. 3- 1155. False entries in books or reports, crimi- nal liability of officer making. 20- 947. Federal reserve act, validity and effect. 1917C-1099; 1918D-1175. Guaranty contracts, liability of national bank. 1916D-557. Insolvency of national bank as affecting right to prefer creditors. 15-1225. Inspection of books of national bank, right of stockholder. 1-130; 4-437; 1915C-364. Lien on stock, right of national bank. 7-287. Loans, personal liability of director mak- ing excessive loan. 1912B-650. 82 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BANKS Continued. Misapplication of funds by officer, crimi- nal liability. 21-887. Eeceivers, jurisdiction of state court to appoint for national bank. 21-422. title of receiver to assets of national bank. 1-296. State taxation of deposits, in national bank. 1912D-37. Usury, action against bank for penalty for taking usurious interest, suffi- ciency of petition or complaint. 1912C-689. jurisdiction of action. 1916D-1246. punishment under state law as consti- tutional. 5-387. BAR ASSOCIATIONS. Membership of judge in body instigating disbarment proceedings as disqualifying him from sitting in case. 1913A- 1229. BARBED-WIRE FENCE. Liability of owner for injuries caused by. 1913D-781; 1915B-856. BARBERS. Barber as engaged in "trade." 1916A- 1199. Civil rights statutes, applicability. 15- 265. Duty end liability to patrons. 15-449. Statutory regulation. 15-260; 1913D-396,. Sundays, prohibition against "labor" or "labor or work" as applicable to bartering. 1913D-799. validity of Sunday closing laws with respect to barbers. 1-93; 6-980; 1915C-200. BARKING DOG. Barking of dog as nuisance. 10-67. BARNS. Burglary, sufficiency of indictment with respect to description of barn. 1913D-873. BARNS Continued. Burning as criminal offense. 1916B-143 "Occupied" or "unoccupied," meaning of term under fire insurance policy con- ditions. 1912D-89. "Outhouse" or "out-building" as including barn. 1912D-1194. BARRATRY. Loss of vessel due to barratry as peril of the sea. 1912D-1040. BARRIEES. Right of city temporarily to obstruct street by erecting barrier. 1914A- 1197. BARROOMS. See Saloons. BARTER AND EXCHANGE. Agent's authority under power to sell. 10-421. Contracts as within "sales of goods" clause of statute of frauds. 14-303. BASEBALL. Ballplayer's contract for services. 1914B- 2; 1917C-392. Nuisance, baseball playing as. 18-1094. noise arising from playing as nuisance. 1912B-430. Sunday playing as within prohibition of Sunday laws. 16-403; 21-681. validity of Sunday law with respect to baseball. 1-93. BASEMENTS. Building restrictions affecting location. 1914A-6. Burglary, sufficiency of indictment with respect to description of basement. 1913D-876. Conduct of business in basement, validity of statute regulating. 1914A-1132. BASTARDY. See Illegitimacy. Adoption of illegitimate child, consent of parents as prerequisite. 1914A-224. BATHING BELIEF. 83 BASTARDY Continued. Bankruptcy discharge as affecting judg- ment in bastardy proceedings. 3- 170; 12-1011. proceedings as affecting maintenance of child. 2-269. Civil or criminal nature of proceeding. 11-316. Cruel and unusual punishment, what is. 13-729. Custody of child, right to. 17-474. welfare of child as primary considera- tion in determining right to custody on habeas corpus. 1914A-750. Discontinuance of bastardy proceedings as consideration for contract. 2-493. Exhibition of child to jury on issue of paternity. 6-560; 19-536. Imputing of bastardy to man as action- able slander. 1917A-1045. Inheritance through bastard, right of legitimate descendants of bastard to inherit through him. 1913C-1338. succession between illegitimate brothers and sisters. 16-987. Judgment or settlement in bastardy pro- ceedings as barring right of action for damages for seduction. 1918D- 669. Married woman, right to maintain pro- ceedings. 19-389; 1913C-1050. evidence of nonaccess of husband, ad- missibility of wife's testimony. 6- 816; 7-999; 15-764; 1917A-1031. Nonresident mother, right to maintain proceedings. 18-574. Pardon of person found guilty, power of executive. 16-322. Parent of bastard, father or mother of illegitimate child or one born of void marriage as "parent" thereof. 1913A- 1246. BATHING. Duty of proprietor of bathing resort , to patrons. 8-982; 1913D-1217; 1917B- 333. Loss of property of patron of bathing re- sort, liability of proprietor. 8-91. Prohibition against bathing in pond, stream or the like, validity of stat- ute or ordinance. 1913B-223. Sunday laws, opening bathing resort on Sunday. 1-93. BATTERY. See Assault. BAWDY-HOUSES. See Disorderly Houses. BAY-WINDOWS. Restriction against erection of building less than certain distance from front line of premises as applicable to bay- window. 1914A-8. BECOME DUE. Legal meaning of term. 1918E-786. BEDDING. Regulation of sale of second-hand goods, validity. 1-747. State or municipal regulation of use or sale of second-hand bedding. 1917C- 1068. BED OF STREAM. See Waters and Watercourses. Intoxicating 1914C-874. BEER. nature, judicial notice. "Near beer," meaning of term. 1913D- 124. BEES. Law of bees. 1917B-983. injuries by bees. 1917B-988. larceny of bees. 1917B-987. nuisance, keeping as. 1917B-991. property in bees. 1917B-983. tithes of bees. 1917B-991. BEING CONSTRUCTED OR REPAIRED. Meaning of phrase. 18-624. BELIEF. Bankruptcy, belief of creditor as to preference by insolvent debtor, con- struction of clause in Bankruptcy Act relating to. 16-826. 84 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BELIEF Continued. "Believe" or "believed," term "deem" or "deemed" as synonymous. 16-482. Bigamy, belief in death of former spouse as defense. 8-1104; 21-401. belief in invalid divorce as valid as constituting defense. 10415; 14-640. Breach of promise of marriage, belief of family or friends in existence of agreement to marry as evidence in action. 1916C-564. Disbelief of testimony as constituting affirmative evidence to contrarv. 21- 1123. False imprisonment procured in exercise of honest belief as provable in miti- gation of damages. 1914A-1019. Intoxicating liquors, belief that person occupies relation of "traveler" or "guest" as affecting legality of liquor sale under permissive statute. 17- 818. Larceny, mistaken belief as to owner- ship of stolen goods, burden of proof in prosecution. 2-192. Malicious prosecution, belief of defend- ant as to truth of charge made against plaintiff as question of law or fact. 1912C-1043. Master's belief that servant was not at fault as affecting liability by reten- tion in employ. 1912C-851. Political belief as affecting eligibility to office. 1915A-594. Eailroad crossing, reasonable belief of traveler that no train is approaching as relieving from imputation of negli- gence per se in failing to look and listen. 9-216; 1914D-1020. Robbery, property of another taken in be- lief as one's own, effect as robbery. 13-775. Spiritualism, belief in, es impairment of testamentary capacity. 10-617. Sunday, belief in seventh day of week as Sabbath as defense to Sunday law violations. 10-948. BELLHANGERS. Bellhanger as engaged in "trade." 1199. 1916A- BELLIGERENTS. See International Law; War. BELLS. Eailroads, validity of statute requiring railroad to equip locomotives with automatic device for ringing bell. 1914D-1289. Street railways, duty to sound bell to give notice of approaching car. 20- 152. BELTING. Liability of master to servant for in- juries caused by breaking of machine belt. 21-94. BENEFICIAL ASSOCIA- TIONS. 1. In General. 2. Charter and By-laws. 3. Eights and Liabilities of Members. 4. Assessments and. Dues. 5. Insurance Contracts. 1. In General. Jurisdiction of superior over inferior bodies in benefit societies. 12-873. Libel or slander, liability of association for defamation by agent. 1918D- 484. Taxation, exemption from taxation of charitable or benevolent institutions as applicable to fraternal benefit so- ciety. 7-39. Wills, right of benefit society to take under. 1914A-596; 19140-^555. Workmen's compensation, receipt of in- surance as affecting right to compen- sation under Workmen's Compensa- tion Act. 1918B-635. 2. Charter and By-laws. Charter and rights of members as affected by amendment of statute. 1915C- 276. Existing members, validity of amend- ments to by-laws as applied to them. 1-717; 7-780; 8-163; 10-625; 1913C- 675; 1914D-63; 1917B-814; 1918D- 1140; 1918E-414. Inconsistency of by-law with contract of membership, binding effect on mem- ber of benefit society. 20-929. Suicide, validity of amendment of by- laws with respect to. 8-163; 1913C- 677. BENEFICIAL ASSOCIATIONS. 85 BENEFICIAL tinued. ASSOCIATIONS Con- 3. Rights and Liabilities of Members. Expulsion of member, validity of proceed- ings conducted on Sunday. 1916B- 17. Membership, what constitutes. 1917B- 380. Eecourse to courts by members of benev- olent, beneficial and similar associa- tions to protect property rights. 3-211; 1915B-318; 1918E-1178. Beinstatement, representation that appli- cant for reinstatement is "in good health," construction. 1918D-1005. survival of right of reinstatement. 6- 698; 17-1175. 4. Assessments and Dues. Forfeiture of benefit certificate for non- payment of assessment or dues, waiver by acceptance of arrearages or similar act. 11-539; 1914C-437; 1916D-591. Liability for dues at law of member ex- pelled for nonpayment of dues. 1- 403. Notice to member to pay dues or assess- ments, necessity in order to render member delinquent. 1912D-699. Payment of assessment or dues by col- lector for member, sufficiency. 1913D- 347. Personal liability of members for assess- ments or dues. 1-390. 5. Insurance Contracts. Assignment of mutual benefit certificate to one without insurable interest. 5 362; 1913B-867. Change of beneficiary, acts sufficient to effectuate. 1914D-1126. liability for inducing change in benefit certificate. 1917A-473. right of insured under mutual benefit certificate where first beneficiary was designated in return for valuable consideration. 12-944. "Child" in statute relating to benefi- ciaries or in benefit certificate as in- cluding illegitimate child. 1918B-256, 261. "Dependent," meaning of word as used to designate beneficiary. 7-358; 17- 867. BENEFICIAL ASSOCIATIONS Con- tinued. Divorce as affecting rights of benefi- ciaries. 2-352; 1913D-687; 1917C- 270. "Family," persons included within term when used to designate beneficiaries. 7-684; 11-570; 1917C-694. Forfeiture of benefit certificate, for vio- lation of contract of insurance other than failure to pay assessments or dues, waiver of, or estoppel to deny. 12-639; 1918D-305. "Heirs," meaning of term when used in benefit certificate to designate bene- ficiaries. 5-458. Insurable interest, "more than pecuniary interest" in life of insured, meaning of requirement in benefit certificate that beneficiary have. 1914D-1123. right of beneficiary having none to keep contract alive for his own benefit. 1917A-1085. selection of beneficiary having no in- surable interest in life of insured as against public policy. 15-236; 1916C- 587. Intoxicating liquors, construction of re- striction in contract as to use of in- toxicants by insured. 1918A-623. Kind of insurance which fraternal society has power to write. 15-290. Law governing insurance contract. 19- 38. Naming beneficiary, statement in charter, constitution or by-laws as to object of organization as restriction on right to name. 1913E-492. New beneficiary, right of member to designate by will. 1913B-1186. Proceeds of benefit certificate, right to where part of beneficiaries named are ineligible to take. 1912A-214. right to upon failure of beneficiaries competent to take. 2-663; 1916B- 184. Travel by or residence of insured, con- struction of provision in contract of benefit insurance. 1917A-381. Violation of law, death while engaged in violating law within exception in benefit certificate. 1917C-592. Evidence in Action for Insurance. Benefit certificate as admissible in evi- dence without other parts of con- tract. 1917C-145. 86 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BENEFICIAL ASSOCIATIONS Con- tinued. Declarations or admissions of insured as admissible in evidence to contradict statements in application for benefit certificate. 7-648. Suicide relied on as defense to action on benefit certificate, presumption, bur- den of proof, and weight and suffi- ciency of evidence. 17-32; 1913C- 1260. BENEFICIARIES. See Beneficial Associations; Charities; Life Insurance; Trusts; Wills; Work- men's Compensation. BENEFIT OF COUNSEL. See Criminal Law. BENEFITS. See Special Assessments. Deduction in eminent domain proceedings in assessing damages for land taken. 13-603; 19-859; 1914B-478. Irrigation, benefits conferred as affecting right to include lands in irrigation district. 1916A-1222. Relief associations, acceptance by Injured workman as absolving master from liability. 6-9. Sick benefits of fraternal society, amend- ment of by-laws reducing as to exist- ing members as impairment of vested rights. 1913C-682. BENEVOLENT ASSOCIATIONS. See Beneficial Associations. BENZINE. See OiL BETTERMENTS. Improvements on land of adjoining owner, right to recover. 1914A-239. Receiver's certificate, issuance to pay for betterments. 1913C-48. BETTING. See Gaming. Betting on horse-racing as gaming or gambling. 6-693; 11-280. BEVERAGES. See Intoxicating Liquors. Foreign substance in beverage, liability for injury resulting from. 1917B-575. Medicinal or toilet preparations as within purview of intoxicating liquor stat- utes. 13-638. ENonintoxicating liquors, imposing license tax on business of selling, validity of statute or ordinance. 1914C-841. Statutory declaration as intoxicating irre- spective of actual character, validity. 8-52. Trademark or trade name as infringed by similar name. 1915B-329. BIAS. See Grand Jury; Judges; Jury; Witnesses. BIBLE. Age of person, admissibility of entry in family Bible to show. 1916A-153. Legitimacy of person, admissibility of entry in family Bible on issue. 1915B-377. Beading Bible in public schools as secta- rian instruction. 2-523. BEQUESTS. See Charities; Wills. BERTHS. Carriers by water, duty as to furnish- ing passengers. 20-1019. BESTIALITY. Cruelty warranting divorce. 1918B-495. Imputing to man as actionable slander. 1917A-1045. BICYCLES. Automobiles, rights and duties of drivers with respect to persons on bicycles. 21-656; 1916E-675. Baggage of passenger, bicycle as. 21- 732. Injury caused pedestrian by riding bicycle on sidewalk, liability of city. 1-961. Safe road, right of bicyclist to. 1-550; 16-426. Sidewalk riding, right of bicyclist. 13- 1014. BIDS BILLS. 87 BIDS. Auctions, right of action by highest bid- der at sale for refusal of auctioneer to knock down property to him. 16 386; 1918A-850. Contract suppressing competition in bid- ding for contract on public works, validity. 20-386. Frauds, statute of, written bid for public work as sufficient evidence of con- tract to satisfy statute. 1912B-722. Judicial sales, advance bid as ground for setting aside sale. 7-173. chilling or puffing bidding, vacation of sheriff's sale on account of. 3-423. combination of bidders as ground for setting aside. 1914D-8. oral agreement to share property bid in by one as within statute of frauds. 1912B-320. validity of contract to prevent bidding. 1917D-232. Letting contracts on bid, certified cheek or other deposit made, rights of par- ties with respect to. 1916C-427. contract calling for use of patented article for street improvement as vio- lation of statute. 3-745; 10-709; 1915B-^60; 1916D-245. implied liability of municipality for letting contract without compliance with statute requiring competitive bidding. 1917A-1263. "lowest responsible bidder," construc- tion of phrase in statute providing for letting of municipal contracts. 1913A-500. offer to better any other bid received as legal bid. 1915C-1011. readvertisement for bids, necessity where bidder to whom municipal contract is awarded fails to comply with conditions or abandons work. 1916D-1189. Sheriff's sale, defenses against perform- ance of bid as precluded by rule of caveat emptor. 18-501. Tax sale, validity of combination be- tween bidders. 1913D-962. BIGAMY. Death of former spouse, belief in death as defense to prosecution. 8-1104; 21-401. BIGAMY Continued. Divorce, belief in validity of invalid di- vorce as defense to prosecution. 10- 415; 14-640. Foreign bigamous marriage, cohabitation under as bigamy. 5-968; 19-569; 1917C-1141. Husband or wife as competent witness in prosecution. 12-114; 1916C-1060. Indictment, allegation as to first mar- riage, sufficiency with respect to. 16- 516. Presumptions and burden of proof in prosecution. 1913E-268. Prior marriage, bigamy as depending upon validity of. 14-74. BILLBOARDS. Erection as violation of restrictive cove- nant against offensive trade or busi- ness or similar covenant. 16-225. Municipal regulation. 2-897; 5-997; 16- 766; 1913D-958; 1916C-491; 191 7C- 596. BILLHEADS. Evidentiary effect of use of printed bill- head. 1917B-271. Written matter as controlling printed in construction of contract. 1913E-967. BILLIARDS. "Billiard-table" as including pool-table. 11-67. Keeping of billiard or pool table as sub- ject of exercise of police power. 11- 66; 1913D-1052. Playing for the price thereof as gaming. 2-618. BILL OF RIGHTS. Provisions of Ordinance of 1787 as affected by admission of state into Union. 1915D-942. BILLS. See Pleading. Approval in part only, power of execu- tive. 20-162. withdrawal of approval, right of execu- tive. 13-230. Computation of time allowed executive to sign or reject. 6-717; 1912A-801. INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BILLS Continued. Final passage, what constitutes within constitutional provision requiring vote on final passage by yeas and nays. 16-977. Presentation to governor for signature. 1914D-268. Reconsideration of vote, power of legis- lature. 1913B-611. Signature of presiding officer, necessity. 4-905. Variance between enrolled bill and printed statute, which governs. 17- 365. Veto by executive, evidence of. 19-837. BILLS AND NOTES. 1. In General. 2. Form and Validity. 3. Construction. 4. Consideration. 5. Acceptance. 6. Alteration. 7. Negotiability. 8. Indorsement and Transfer. 9. Accommodation Paper. 10. Bona Fide Holders. 11. Presentment, Demand, and Protest. 12. Dishonor. 13. Payment and Discharge. 14. Interest. 15. Actions. 1. In General. Assignment of funds by check under negotiable instruments law. 5-190. Attachment, liability of promissory note to seizure and sale under. 15-980. levy, what is sufficient. 1916B-996. Attorneys' fees, amount allowable, con- struction and effect of provision in note. 20-1371. inclusion of stipulated fee in deter- mining amount in controversy. 1912B- 233. indorser as bound by provision for payment. 1917C-1082. stipulation for in promissory note, validity. 1917D-365, 375, 378. "Bankable" paper, meaning of term. 1913C-1255. "Banking business," issuance, buying or discounting of bills and notes as con- stituting. 18-830. BILLS AND NOTES Continued. Banks, liability of bank sending paper to drawee bank for collection. 1912B- 123. Bill of lading with draft attached, bank advancing money or security thereof, title and right of bank to goods. 14-1053. effect as passing title to goods, where bill of lading made to seller's order. 5-263. Conditional delivery, parol evidence of. 3-5CO; 6-169; 15-669; 1917D-1049. Conversion of promissory note fully paid, trover for. 12-265. Corporation, person signing note as officer of corporation, liability. 6-1000; 1917D-568. power of president and secretary to execute commercial paper. 2-520; 18-729. Demand note, when overdue as between maker and indorser. 1912A-475; 1917B-842. Denial of execution after death of party thereto, right of maker to deny. 17- 398; 1918A-777. Escrow as applicable to promissory note. 1916B-1032. unauthorized delivery of instrument, rights of innocent purchaser. 1917E- 443. Executor or administrator, personal lia- bility for making or indorsing note in behalf of estate. 1-772. False pretenses, bill or note as property within statute against. 9-970; 1917B- 627. Fictitious payee of promissory note or bill. 1918A-669. Forgery, estoppel of ostensible maker to set up. 1-81; 1912C-590. indorsement of instrument as forgery. 1915A-1046. Frauds, statute of, note as memorandum within statute. 1914D-74. Fraudulent conveyances, contingent claim based on promissory note, validity of conveyance as against. 1914D- 767. Gift inter vivos, donor's own note as subject of. 1914C-1139. Guaranty, national bank guaranteeing commercial paper negotiated by it, liability on. 1916D-559. BILLS AND NOTES. 89 BILLS AND NOTES Continued. oral guaranty by transferrer, validity. 2-506. Lien of attorney on note in his posses- sion in connection with litigation. 1917D-149. Life insurance premium, effect of accept- ance of note for. 1-967. Mechanic's lien as waived by taking of unsecured note. 1915A-961. Medium of payment at judicial sale, promissory note as proper medium. 1915C-998. Mortgage securing negotiable note, rights of assignee as against prior equities. 1918C-497, 501, 506, 520. Municipal corporation as included under term "corporation" in negotiable in- struments law. 1913B-747. Partnership, liability on note executed in name of single partner. 1912A-618. Part payment of debt by note as start- ing running of statute of limitations anew. 15-332. Place of execution of bill or note. 1915D-1135. Pledge of note, right of pledgee to en- force against maker as affected by payment to pledgee of debt secured thereby. 1914B-251. Presumption of nonindebtedness of payee to maker arising from execution of promissory note. 1914B-384; 1914C- 879. Release of person liable on bill or note, power of bank cashier. 6-52. Renewal note, effect of taking in case of conditional sale. 1916A-335. usury in original contract as affecting renewal of bill or note. 1918A-753, 769. Sealed note, execution by member of commercial partnership as binding firm. 14-548. seal affixed without recital respecting sealing, effect as sealed instrument. 19-678. "Security," promissory note or bill of ex- change as. 1914D-626. Sunday execution as within prohibited "labor" or "labor or work." 191 3D- 798. Surety, discharge by failure of bank to apply general deposit on depositor's note. 7-1007. BILLS AND NOTES Continued. diversion of note Or proceeds as dis- charging surety. 1916D-733. forged paper substituted in satisfac- tion of promissory note secured by surety as effecting latter's discharge. 13-921. Surrender of negotiable paper as condi- tion to recovery on original obliga- tion. 20-857. Undisclosed principal, liability upon nego- tiable paper. 12-679. Usury, sale at less than face value as constituting. 1913C-1327. Vendee giving note to third person as consideration for purchase price, en- 1 forceability as implied vendor's lien. 1914C-501. 2. Form and Validity. Blanks, implied authority to fill. 2-332. Confession of judgment, provision au- thorizing attorney to appear and con- fess, validity in absence of statute. 16-895 Dollar-mark, or other designation indicat- ing money, effect of omission. 1915C-335. "Et al.," substitution of phrase in place of names in promissory note. 14 574. Lunatic, signing or indorsing of nego- tiable paper by, validity and effect. 4-539. Marginal figures, object and effect. 1- 611; 7-804. Patent-right notes, consideration, valid- ity of statute requiring note to show. 5-426; 7-392, 511. 3. Construction. Collateral oral agreement as admissible to supplement note. 1914A-457. Contemporaneous written instrument in- tended to control bill or note, con- struction together. 5-149; 21-1162; 1914A-318. Extension of time of payment of note, construction of extension or agree- ment to extend. 1918B-157. "Without interest" clause in promissory note, construction. 1914C-243. Written matter as controlling printed in construction of negotiable instru- ment. 1913E-966. 90 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BILLS AND NOTES Continued. 4. Consideration. Failure or want of consideration, estoppel to set up by giving renewal note. 1916A-826. partial failure of consideration as de- fense to action on bill or note. 2- 430. Illegal sale of liquor as affecting validity of negotiable instrument given for price. 7-362. Natural love and affection as sufficient consideration for note executed by parent to child. 13-165. Past services rendered by one member of family to another, enforceability of note given for. 1913A-865. Secret preference in composition with creditor, validity of note given as. 16-1072. Want of consideration as defense to ac- tion, burden of proof. 18-205. 5. Acceptance. Bill of exchange, acceptance conditional on possession or availability of funds, construction. *918A-941. agent's acceptance without authority as discharge of debt to principal. 9-1198. retention of or refusal to return bill of exchange as acceptance. 8-612. Creditor's acceptance of bill or note from debtor as discharge of surety or guarantor. 4-884; 1916A-1193. Third person's note or indorsement, ac- t ceptance as waiver of implied ven- dor's lien. 13-870. 6. Alteration. Addition of words "or bearer," "or order," or substitution of one expres- sion for other as material alteration of instrument. 1917C-1177. Change in name of payee as material alteration. 1913C-183. Date, alteration as material. 1913D-725. Detaching contract or memorandum at- tached to promissory note, effect. 1917E-603. Material alteration of note as affecting mortgage security. 1913E-317. Stranger to contract, effect of alteration of negotiable instrument by. 18-223. BILLS AND NOTES Continued. 7. Negotiability. Confession of judgment provision as af- fecting negotiability. 1913A-206. Contemporaneous written instrument as affecting negotiability. 5-152. Discount if paid within certain time, pro- vision therefor in note as affecting negotiability. 1918B-600. Extension of time of payment of note, provision therefor as affecting nego- tiability. 17-55; 1914B-210. Indorsement to two persons in alternative as affecting negotiability. 1915A-1056. Mortgage securing note, provisions there- in as affecting negotiability. 1916C- 503; 1912D-1. Municipal bonds as negotiable. 5-196. Negotiable note, what is. 1912D-4. Note payable in bank notes. 4-632. payable "with exchange," provision as affecting negotiability. 1-385. Payees described as persons named "et al., or order" as affecting negotiabil- ity. 14-574. Eeceiver's certificates, negotiability. 1913C-58. Reference to particular fund or account as affecting negotiability. 11-599; 1913C-932. Eetention of title to property for which note is given until note paid, clause therefor as affecting negotiability. 14-1129; 20-1333. Stipulation for attorney's fees and costs of collection as affecting negotiabil- ity. 4-263; 1912D-165. Warehouse receipts as negotiable. 17- 670. 8. Indorsement and Transfer. Antecedent debt, transfer of negotiable note as security for. 1-275; 21-936; 1917D-386. "Assigns" as including indorsee. 1913B- 738. Conflict of laws as to transfer of com- mercial paper, validity of. 2-706. Face of instrument, sufficiency of indorse- ment thereon. 19-570. Guaranty signed by payee on back of note as indorsement transferring title. 1913D-693. BILLS AND NOTES. 91 BILLS AND NOTES Continued. Indorser as discharged by failure of bank to apply general deposit on deposi- tor's note. 7-1007. Lunatic's indorsement, validity and effect. 4-539. Negotiation of note given by debtor as constituting payment of original debt. 19170-3-64. Non-negotiable paper, liability of trans- ferrer on Ms indorsement. 1912B- 706. Place of indorsement, presumption as to. 5-160. "Similarly indorsed," meaning of term as applied to commercial paper. 18-795. Special purpose, liability of one indorsing for, who, after reindorsement to him, reissues same to third person without erasing special indorsement. 12-271. Transfer to secure money for gambling, or to pay gambling debt, validity. 21-628. Variance between name of payee of nego- tiable instrument and his indorsement thereof. 1914D-979. Unrestricted indorsement of draft or check as warranty that instrument is genuine. 7-746. 9. Accommodation Paper. Corporation, liability on accommodation paper. 1913A-1313; 1916A-87. Extension of time granted principal debtor as discharge of accommodation party under negotiable instruments act. 1913C-527; 1918A-1103; 1918E- 806. Joint accommodation maker as discharged t>y extension of time to co-maker. 13-999. Married woman as accommodation maker or indorser, conflict of laws respect- ing her liability. 20-618. Place of execution as fixing law govern- ing validity. 1915D-1137. Transferee of accommodated party, right after maturity as against accommo- dation party. 2-256. Usury, discount in excess of legal rate without notice of nature thereof as usury. 1912D-S87. 10. Bona Fide Holders. Bank discounting note for depositor as holder in due course where latter is credited with proceeds. 11-206. BILLS ANI> NOTES Continued. usurious note discounted 'before matur- ity without notice of usury, validity in hands of bank. 12-1149. Blank negotiable instrument where blanks are fraudulently filled in, liability of maker to bona fide holder. 8-186; 11-197. Foreign corporation not entitled to do business, transfer of notes given it as constituting purchasers bona fide holders. 2-68. Forgery of some of signatures on note, rights of bona fide holder. 12-441. estoppel of maker to set up fraudulent alteration, when paper drawn so negligently as to render forgery easy, as against bona fide holder. 16-774. Intoxication of maker or indorser as af- fecting rights of bona fide holder. 1918E-333. Overdue negotiable paper, rights of bona fide purchaser from one to whom it had been intrusted. 5-583. Payment of less than face value by transferee as affecting bona fides. 17-386. Eepurchase of instrument fraudulently procured from maker, or subject to other defenses, after transfer by payee to innocent third person, title acquired. 8-626. Series of notes, purchaser of one note of series having notice of defenses against other notes as innocent pur- chaser. 9-340. Stolen negotiable instrument, title and right of bona fide holder. 13-1172; 1916A-603. Void instrument, validity in hands of bona fide holder of negotiable con- tract void by statute between origi- nal parties. 4-353; 11-1181; 1917D- 696. 11. Presentment, Demand, and Protest. Bank receiving paper for collection, duty to protest and give notice thereof in absence of express instruction. 1918A- 892. Demand note, presentment and demand at place named as condition precedent to suit against maker. 7-693. Failure to present bill or note for pay- ment and give notice of dishonor as 92 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BILLS AND NOTES Continued. excused by acceptance of worthless check in payment. 1915B-155. Law governing liability of drawee or in- dorsee of bill or note as dependent upon presentment, protest or notice. 12-455. Misstatement in notice of protest as to time of dishonor, effect. 12-375. Successive indorsers, giving notice of pro- test in case of. 1915B-1071. Telephone presentment and demand of payment, sufficiency. 1912A-862. Waiver of protest, necessity of new con- sideration to support. 5-478. parol waiver, right to make. 16-152. 12. Dishonor. Notice of dishonor, necessity to fix lia- bility of surety. 6-281. Part only of joint indorsers notified of dishonor, effect. 1912D-353. Renewal or promise to renew note BS waiver of notice of dishonor. 1912A- 442. Stockholder or officer indorsing corporate paper, right to notice of dishonor. 1917R-836. 13. Payment and Discharge. Burden of proof of payment or part pay- ment of bill or note. 20-518. Extension of time of payment by parol, validity and enforceability. 1914A- 103. Mistake in payment by bank, right of bank to recover. 1-632; 1912D-494. Payment at bank where note is made payable, what constitutes. 1917A- 508. to bank where note is made payable as discharging maker. 5-298. Possession of note, sufficiency of pay- ment of note at place payable to one not in possession thereof. 14-879. Priority as between several notes secured by mortgage in distribution of pro- ceeds of mortgaged property. 1914C 143. Eenewal note as discharging original note. 1915A-1084, 1094. 14. Interest. Delinquency in interest as notice to pur- chaser of dishonor. 1915D-201. BILLS AND NOTES Continued. Increased rate after maturity, waiver of stipulation in note. 1913C-1269. Periodical instalment, failure to pay as making instrument overdue. 11-42; 1912C-305. 15. Actions. Amount in controversy, attorney fees stipulated in note as calculable in de- termining. 1912B-233. reduction of amount due on note to sum within jurisdiction of court, right of holder of promissory note. 5-308. Defense existing only between holder and his transferrer, right of maker of note to set up. 1914C-235. failure to deliver stock as defense to action by corporation on note. 1915A-422. total or partial failure of consideration, right to set up under general issue or denial. 1913B-318. Foreign bill of exchange, damages re- coverable by holder for dishonor. 1913A-810. Holder for collection, right to sue in own name. 1913B-477. Inconsistent defenses in action growing out of bill or note. 1917C-721. Joint action against maker and indorser of promissory note, right to main- tain. 1912D-1201. Limitation of actions, bar of statute as removable by new promise. 5-812. note payable on demand, when statute of limitations begins to run against. 14-807. part payment by trustee in bankruptcy of joint maker as removing bar of statute as to other makers. 11-59. payment indorsed on promissory note by holder as sufficient proof of part payment to stop running of statute. 1913A-1223. sealed promissory note, limitation appli- cable to action on. 1914D-422. Lost negotiable instrument, giving of in- demnity as prerequisite to recovery of amount. 1918C-925. jurisdiction of action on. 1917A-1290. proof of contents of lost instrument. 2-41. Nominal holder of promissory note, right of action thereon. 1-833; 1917A- 490. BILLS FOR RAISING REVENUE BILLS OF REVIEW. 93 BILLS AND NOTES Continued. Parol evidence, admissibility to show when indorsement made. 1913A-882. indorsement for collection purposes only as provable by parol. 15-877. Ees judicata, judgment in criminal pro- ceeding as bar to action on promis- sory note. 21-1186. Setoff, assignment prior to suit ag con- ferring right of setoff on transferee. 19-324, 325. individual demand in action on joint and several note, right to setoff. 2- 600. indorser, debt due to assignee of in- solvent person as subject to setoff against liability as indorser. 1914D- 747. right of setoff against individual debt due indorser from holder of note. 1913A-1302. Signatures of maker and indorser, neces- sity of proving in action on promis- sory note. 1917A-770, 809, 813, 817, 821. BILLS FOR RAISING REVENUE. "Legal meaning of term. 1918B-209. BILLS OF DISCOVERY. Names or identity of parties against whom it is sought to institute action, jurisdiction of court of equity to en- tertain bill to discover. 11-578. Parties defendant to bill of discovery. 20-906. BILLS OF LADING. Acceptance by consignee as constituting delivery to purchaser. 20-1031. Agent's authority to bind shipper by con- tract limiting liability of carrier. 1- 676. "Assigns," meaning of term in bill of lad- ing. 1913B-740. Bank advancing money to shipper on se- curity of bill of lading with draft attached, title and right of bank to goods. 14-1053. discount by bank of draft attached to bill of lading, liabilit^ of bank for breach of contract of sale where vendee pays draft. 1913B-45. Collateral oral agreement as admissible to supplement terms. 1914A-458. Conclusiveness of statement as to quan- tity of goods received by carrier. 21-225. Delivery of goods to purchaser as affected by seller's retention of bill of lading. 1916A-1047. Draft attached to bill of lading to sell- er's order, effect on passing title to goods. 5-263. Issuance without receipt of goods, liabil- ity of carrier to shipper. 7-731. "Machinery," meaning of term as used in bill of lading. 1918E-210. Parol evidence as to route, admissibility to vary written contract. 1913A-932. Written matter as controlling printed matter in construction of bill. 1913E- 966. BILLS OF PARCELS. Parol evidence to modify or explain. 19- 544. BILLS OF EXCEPTIONS. Authentication by bystanders. 15-737. Judge's neglect to sign within time re- quired by law, effect on bill. 1913A- 914. Signing after time fixed by statute, con- sent of parties as conferring juris- diction on court. 13-1115. Sunday signing, validity. 1916B-23. BILLS OF EXCHANGE. See Bills and Notes. BILLS OF PARTICULARS. Appeal from order relating to, right of. 1913C-826. Criminal actions. 1913A-1207. Libel or slander action, right to. 1915C- 1266. Negligence actions. 3-161; 1916B-105. BILLS OF REVIEW. Appellate court's power to grant bill to review own decision after remand. 11-867. 94 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BILLS OF EEVTEW Continued. Error apparent after decision on appeal, authority of trial court to entertain bill of review for. 18-722. Federal courts, bills of review for newly dis- covered evidence. 14-194. Newly discovered evidence after decision on appeal, authority of trial court to entertain bill of review for. 5-944. Time within which bill of review must be brought. 6-330. Who is entitled to file bill of review. 1914C-126. BILLS OF SALE. Action to have bill of sale declared mortgage, admissibility of evidence of value of property transferred. 11-327. Effect of bill of sale as implied warranty of title of chattel sold. 16-62. Parol evidence to modify or explain, ad- missibility. 19-541. "Plant," meaning as used in English Bills of Sale Act. 1917A*-327. BINDING SLIPS. Employers' liability insurance, effect of receipt as contract. 1918C-375. Fire insurance contract as effected by issuance. 1914C-727; 1917E-1183. Life insurance, effect of binding slip or receipt as contract. 1915B-657. BIRTHS. Birth of issue. See Wills. Eegistration of births. See Health. BITE OF DOG. Excessiveness or inadequacy of verdict for injuries resulting. 16-47; 1916B- 396. BLACKBERRY WINE. Blackberry wine as food. 1913E-1293. BLACKING. Trademark or trade name as infringed by similar name. 1915B-331. BLACKLISTING. Communication by member of credit asso- ciation to other members blacklisting merchant as libelous. 11-57. Legality of blacklisting agreements. 1- 474; 1917A-644. BLACKMAIL. Conspiracy to blackmail, sufficiency of allegations of indictment as to object and means of accomplishing. 2143. Scheme to blackmail as scheme to de- fraud within federal statute prohibit- ing use of mails in furtherance thereof. 1914D-1243. BLACKSMITHS. Blacksmith as engaged in "trade.' 1916A-1199. BLANKS. Bills and notes, blanks fraudulently filled in, liability of maker of instrument to bona fide holder. 8-186; 11-197. Bonds, obligee's name omitted, right to fill in. 1915A-409. Deeds, validity of deed to blank grantee. 1912A-538; 1914D-390. Elections, effect of blank ballots cast at election. 3-70; 1916B-121. Implied authority to fill blanks so as to complete signed instrument. 2331; 1912B-1010; 1917E-518. Publication notice, leaving name of de- fendant blank as affecting jurisdic- tion of court. 1913B-1254. BLASPHEMY. What constitutes blasphemy or profanity. 1914A-812. BLASTING. 'Actual physical invasion of property, lia- bility for injury to property. 11- 347. Damages done by independent contractor, liability of owner of premises. 14- 1161. Injury to property by concussion or vibration resulting from blasting. 2- 201; 19-787; 1916C-1176. BLINDNESS BOARDING-HOUSES. 95 BLASTING Continued. Railroad construction, liability for dam- ages to land through which it has ' acquired right of way. 19-339. Warning and instruction to employee, duty of master as delegable. 11-107; 12-248. Workmen's compensation, injury result- ing from blasting as accident in course of employment within act. 1913C-14, 17, 20. BLINDNESS. Contributory negligence of injured person as affected by his blindness.., 5-76; 1912C-1072. Sickness, disease or bodily infirmity as covering blindness or defective vision. 1913A-766. Wills, validity of will made by blind per- son. 1916D-792. Workmen's compensation, injury causing blindness as accident arising out of and in course of employment. 1914B- 500. BLOCKING CARS. Liability of railroad or street railway for injuries to servant resulting from failure to block or secure cars stand- ing idle. 1914A-572. BLOCKING RAILS AND FROGS. Duty of railroad to block frogs, switches and guard-rails. 1-341; 9-498; 14- 696. Crossings, duty of railroad company to block rails. 1913C-1265. BLOODHOUNDS. Bloodhound evidence. 3-897; 8-110 j 10- 1127; 1912D-39; 1915A-1193. BLOOD POISONING. Accident insurance, death from blood poisoning as due to accidental means within policy. 2-141. Excessiveness of verdict for injury from blood poisoning. 16-46. BLOOD POISONING Continued. Workmen's compensation, injuries caus- ing blood poisoning as within act. 1913C-5, 6, 8; 1914B-499; 1916B- 1299; 1918B-772, 777. BLOOD RELATIONS. Construction of term "blood relation" and "blood relationship" in wills. 5- 511. "Nearest blood kin," meaning as used in deed. 1915I>-725. "Nearest of blood" and similar phrases as used in wills, meaning. 1915A- 476. BLOOD STAINS. Law of evidence of blood stains. 15-811. BLOWING WHISTLE. Duty of railroad as to animal on track. 1915B-462. BLUE SKY LAW. [Validity and construction of law. 1916A- 706; 1917C-6510. BLUING. Trademark or trade name as infringed by similar name. 1915B-340. BOARDERS. Distinction between boarder and guest at hotel or inn. 14-326; 1914B-729. Juror boarding or lodging with party to suit or his attorney as disqualify- ing him. 1914C-1044. Liability of hotelkeeper for effects of boarder. 2-16; 1914B-1180. BOARDING-HOUSES. Building restriction, construction with re- spect to boarding-houses. 1912D-479. Distinction between boarding-house keeper and lodging-house keeper. 1914D- 839. Lien on effects of boarder, lodger or guest, right of boarding-house keeper. 3-627; 1914D-837. '"Trade," boarding-house keeper as en- gaged in. 1916A-1199. 96 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BOARDING TRAIN OR CAR. Assistance to passenger in the dark, duty of carrier. 13-598. Contributory negligence, boarding moving car as. 2-939. Person attending or visiting passenger, duty and liability of carrier. 10- 161; 20-453. Steps or appliances for boarding, duty of carrier to furnish suitable appliances. 9-965. Street railway, duty to provide safe place to board car. 1-916. premature starting of car by unauthor- ized person, liability of company for injury to passenger boarding car. 21-1331. Time to board or alight, duty of carrier to allow passengers. 7-760; 14-962; 191SC-794. Workmen's compensation, accident arising out of and in course of employment in case of boarding moving train or car. 1913C-15; 1916B-1310, 1312, 1315. BOAED OF REVENUE. Legal meaning of term. 1918B-220. BOARDS AND COMMIS- SIONS. Agricultural board or society, liability in tort. 1914B-1295. Appeal to courts from decision of fair or exhibition board as to award, 15- 191. Contempt, power to punish. 1912B-1265. Court, supervisory control over board ex- ercising discretionary powers. 2-543. Delegation of powers, power of approval, right to delegate. 1912B-500. power to license, validity of delegation. 1916C-292. Insurance regulation, validity of statute delegating to board or officer regula- tion of companies. 1918E-479. Judicial functions, mode of procedure governing municipal or other board when exercising. 1915B-1083; 1917E- 706. BOARDS AND COMMISSIONS Con- tinued. Jurisdiction of eminent domain proceed- ings, validity of statute conferring on board. 1916C-420. Mandamus against municipal board as abated by termination of office. 1918A-1004. Power conferred on board to commute sentence of criminals, constitutional- ity of statute. 4-1111; 20-479. Vote of board required to be unanimous as satisfied by unanimous vote of those present constituting quorum. 1913E-1295. BOARDS OF EXCISE COM- MISSION. Necessary expense incurred by board, what is. 1918D-926. BOARDS OF HEALTH. Food production and distribution, statute empowering board to regulate as in- valid delegation of legislative power. 1913E-1000. Municipal water supply, authority to reg- ulate. 18-499. Power of board to bring suit. 4-474. Quarantine regulations, liability for en- forcement. 9-814; 16-737. Eegulation of board depending solely on statutory authority, validity. 1915B- 1215. BOARDS OF SUPER- VISORS. "Necessary expense" incurred by board of supervisors, what is. 1918D-926. BOARDS OF TRADE. Market quotations, right of property in. 8-761. Membership as taxable property. 1915C- 542. Powers and liabilities of private corpora- tion or association organized to pro- mote business interests of com- munity. 1917C-787. BOATS BONDS. 97 BOATS. See Motor Boats; Ships and Shipping. Boat livery, liability of proprietor for in- jury to patron. 1918E-1073. BOLTING HORSE. Workmen's compensation, injury caused by bolting horse as within act. 1913C-16. BOCK BEEE. Judicial notice as to intoxicating nature. 1914:0-875. BODILY CONDITION. Hypothetical questions as to condition, necessity that they should contain ell evidence on points in issue. 18- 648. BODILY EXHIBITION. Demand for in presence of jury as viola- tion of constitutional privilege of accused. 1912D-262. BODILY INFIRMITY. Blindness or defective vision as within term. 1913A-766. BODY SHAKING OR JARRING. Excessive verdict, what is. 16-43; 1913 A- 1378. BOHEMIAN OATS. Validity of Bohemian oats contract. 1918D-479. BOILERS. Explosions, doctrine of res ipsa loquitur as applicable. 1912A-980. Federal Boiler Inspection Act, construc- tion. 1918C-584. Injuries resulting from steam, liability for. 1915D-850. Inspection, public regulation or inspec- tion of steam boilers. 1915D-S46. Insurance against explosions. 1915A-651. Stationary engineers, licensing or regulat- ing. 1915A-1017. Index to Notes 7 BOMBARDMENT. Workmen's compensation, bursting shell as accident arising out of and in course of employment, within act. 1916B-1296. BONA FIDE PURCHASERS. See Bills and Notes; Vendor aoid Pur- chaser. Escrow, unauthorized delivery of nego- tiable instrument, validity in hands of innocent purchaser. 1917E-443. Mortgages, rights of bona fide assignee as against equities of original par- ties. 1918C-479, 516. Sales, purchaser of chattel for pre- existing debt as "purchaser for value. 1918A-455. Stock certificates, innocent purchaser from thief or finder, right of owner to recover certificate. 1913C-1117. rights inter se of corporation and bona fide purchaser of forged or spurious certificate. 5-251. BONDS. 1. In General. 2. Form and Execution. 3. Actions. 4. Particular Classes of Bonds. 1. In General. "All damages," meaning of term in bond. 1917E-82. Attachment on bond, what is sufficient levy. 1916B-996. Attorneys, lien of attorney on bond or other security in his possession in connection with litigation. 1917D- 149. Blanks, implied authority to fill. 2-333. Contingent claim of creditor based on bond, validity of conveyance as against. 1914D-766. Deposit as money in lieu of written undertaking, what may be deposited. 1912C-356. 98 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. BONDS Continued. Ejectment, giving undertaking as condi- tion precedent to new trial in eject- ment. 1914C-739. Escrow, term as applicable to instrument. 191GB-1031. "Etc.," legal meaning in "bond. 1912C- 174. Expense of procuring bond in action as item of taxable costs. 19-1261. Federal bonds and obligations, state taxa- tion of. 4-936. Guaranty, power of corporation to guar- antee bonds of another corporation. 11-891. Increase in value under life tenancy, who entitled to. 1916B-130. Interest, liability of surety therefor when effect is to exceed penalty of bond. 1914C-1194. Judgment against principal as evidence against surety. 9-154; 1915D-400. Legacies of bonds,, distinction between specific and general bequests. 10- 490; 19-1187. Mortgage bonds, power of consolidated corporation to issue. 20-1282. Nonresident as surety on bond required in judicial proceedings, sufficiency in absence of regulating statute. 1912-C 511. Payment in bonds as proper medium at judicial sale. 1915C-998. Reformation of bond by changing name of obligee, right to. 1916C-184. "Require," legal meaning of term with respect to bonds. 1912A-1234. Security, bond as "security." 1914D-624. Sureties, conditional signing, liability of surety signing on condition that an- other surety be secured. 1918D-512. failure of principal to sign bond as affecting liability of surety. 2-225; 1912A-1014. new bond in substitution as release of surety on original bond. 19-418. principal's discharge in bankruptcy as discharge of surety. 15-953; 1912B- 781. surety's discharge in bankruptcy as af- fecting liability of surety on bond. 3-65. Taxation, railroad bonds, market value as element in determining valuation for taxing purposes. 1916E-1188. BONDS Continued. United States and other governmental bonds or securities, liability of trans- fer to succession tax. 5-874. 2. Form and Execution. Dollar-mark or other designation indicat- ing money, effect of omission. 1915C 336. Form of bond as determining liability of surety signing conditionally on pro- curing of other Surety. 1918D-526. Naming obligee, effect of failure to name. 1915A-408. Sunday execution as within prohibition against "labor" or "labor or work." 1913D-798. Sureties fewer than required number, validity and effect of bond having. 9-707. Surplus or unnecessary conditions, effect in statutory bond. 8-1029; 1914D- 948. 3. Actions. Breach of one of several conditions, right of action. 6-467. exemplary damages as recoverable on breach of bond. 3-414. Civil damage acts, joinder of surety on bond with seller of liquor as party defendant. 14-1057. Corporate bond secured by mortgage, right of action of individual holder. 1915D-981. Exterritorial suits, right to sue on bond of administrator in state other than that in which 'he was appointed. 1913B-348. Extrinsic evidence as to extent of liabil- ity assumed by obligor. 2-891. Inconsistent defenses in action growing out of bond. 1917C-721. Joinder of parties, necessity that all obligees join in action. 15-1061. Limitation of actions, running of statute against interest coupons of other than municipal bonds. 1912A-733. Setoff, right of one obligor on a joint and several obligation. 2-601. 4. Particular Classes of Bonds. Appeal bonds, abandonment or dismissal of appeal, effect on liability of sure- ties on appeal bond. 1916C-1226. BONDS. 99 BONDS Continued. action on appeal bond, right to recover attorney fees. 15-723. affidavit of property qualification, effect of failure of sureties to make. 12-586. condition requiring sureties to pay judgment of appellate court, con- struction. 5-90. discharge of surety by discharge of principal in bankruptcy. 15-954. dismissal of appeal for insufficiency of bond, liability of sureties. 1915C- 1210. executor or administrator, necessity > of giving bond on appeal from revoca- tion of probate of will or grant of letters. 20-416. judgment against principal as evidence against surety. 9-157; 1915D-405. liability of sureties as affected by order of new trial unless party agrees to reduction of judgment. 1914A-1300. new or additional appeal or supersedeaa bond, requirement or permission in appellate court. 10-804; 17-378. number of sureties, validity and effect of bond having less than required number. 9-709. release of surety as arising by affirm- ance of appeal by consent of liti- gants. 1914A-1149*. summary judgment against surety on bond in nature of appeal bond, entry of. 1918C-1151, 1188. Attachment, amendment of attachment bond, right of. 1917D-117. fees as damages in action on bond, right to recover. 10-954; 1914D-815. punitive damages, right to recover in action on bond. 1915A-349. Contractor's bond, alteration in work as discharge of surety. 16-347. failure of municipality or officer to take bond from contractor for pro- tection of laborers or materialmen, liability. 1917B-1089. furnishing labor or material as basis of right to sue on bond given to prop- erty owner. 1916A-754, 767, 773; 1918D-350. release of surety on contractor's bond by premature payment to principal. 2-766; 1915C-674. "resident freeholder" qualified as surety, who is. 1913D-335. BONDS Continued. surety's right to assert lien on prop- erty. 21-995. Cost bond, sufficiency with respect to form and contents. 1913D-575. Depositary of public funds, liability on bond. 1916B-1245, 1250, 1255. Executors and administrators, action on bond of administrator in state other than that in which he was appointed, right to sue. 1913E-348. debt of principal to decedent, liability of surety on bond. 2-355. forthcoming or refunding bond given in behalf of estate, personal liability thereon. 1-770. judgment against executor or adminis- trator as evidence against surety on his bond. 9-155; 1915D-402. property not assets of estate coming into hands of personal representative, liability of surety on bond. 19-560. Fidelity bond, act or default of employee covered by fidelity bond. 1917C- 420. discharge of surety by failure of em- ployer to notify surety of 'delin- quency of employee. 11-1031; 1912D- 1286. Guardian, additional and substituted bonds, liability of sureties for past defaults of guardian. 4-345. judgment against principal as evidence against surety on guardian's bond. 9-156; 1915D-404. limitation against action on bond, run- ning of statute. 1916A-170. sale bond on sale of ward's land, effect, of failure to give. 1913D-190; 1917A-888. Indemnity bond, savings bank depositor who cannot produce pass-book, tender of bond. 1914D-24. Injunction bonds, action on injunction bond, violation of injunction as de- fense. 19-671. breach of injunction bond, dismissal^ of suit as. 6-401. damages sustained after injunction made permanent, recovery on injunc- tion bond. 16-1123; 1913C-1277. enforcement upon dissolution of tempo- rary injunction, right to. 15-721. executio'n sale, necessity and terms of bond for injunction. 1918C-301. 100 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BONDS Continued. judgment against principal as evidence against surety on injunction bond. 9-157; 1915D-407. stranger's right of action on injunction bond. 6-904. summary judgment against surety on injunction bond, entry of. 1918C-97. temporary injunction or restraining order, necessity of bond. 1917B-126. Municipal bonds, debt limit, recital that debt limit has not been exceeded as affecting validity of bonds in hands of purchaser. 17-1245. election authorizing issuance, necessity of compliance with statutory require- ments as to notice. 18-1137. . exchange for stock of railroad as viola- lion of statute prohibiting sale of municipal bonds at less than par. 1913E-86. implied power of municipality to issue bonds. 1913E-37. interest on municipal bonds as factor in determining whether municipality has exceeded debt limit. 17-1243; 1918B-598. issuance after repeal of statute author- izing, authority of public officer to complete issue. 1916E-406. limitation of actions, when statute be- gins to run. 14102. negotiability of municipal bonds. 5- 196. prohibition against sale for less than par, construction of statute. 1913E- 85. sale below par, right in absence of ex- press statutory prohibition. 1914B 257. state taxation, liability of municipal bonds. 8-26; 12-350; 1914B-1163. taxation by municipality of own secur- ities in hands of holder. 19-411. term of municipal bonds longer than life of municipality, validity of issu- ance. 19-1106. Public administrator, bond of. 1918B- 1072. Public officers, acts wholly outside official duty, liability of surety. 6-919; 1912C-5S1; 1918C-1020. amount of liability of surety. 12-436. bankruptcy discharge as affecting lia- bility of surety on bond. 4-66. duration of liability of surety on bond of officer appointed for definite term, BONDS Continued. but for whom law fixes no definite term. 5-949. estoppel of surety to attack validity of appointment or election of public officer. 21-786. extension of term of office after bond is executed, duration of liability of surety. 13-1066. fund for bonding officers, validity of statute establishing. 1918A-603. judgment against principal as evidence against surety. 1915D-401. limitation of actions, action on bond as . barred where action against officer is barred by limitation statute. 1913E- 1265. naming obligee other than one desig- nated by statute, right of action on. 3-456. other officer's neglect or omission as affecting liability of surety on official bond. '2-170. premium on bond of public officer, validity of statute providing for pay- ment by state, county, etc. 1913D- 715. release of surety from liability, valid- ity of statute providing for. 1912A- 73. surety company as surety, validity of statute authorizing. 2-487. Eecording officer, liability on bond for error or failure in indexing record. 20-488. Replevin, action on bond by successful defendant in lieu of receiving back replevied property, right of. 1913E- 1162. 'breach of condition to prosecute action, right to recover value of property in action on bond. 4-1135. judgment against principal as evidence against surety on replevin bond. 9- 156; 1915D-407. recital in bond as evidence of value. 18-113. Sheriff or constable, assault committed by officer, liability of sureties on bond. 1916D-923. lynching of prisoner, liability on bond. 19-889; 1913D-636. State bonds, interest liability. 1914A- 361. liability to taxation by state. 8-26; 12-350; 1914B-1163. BONUS BOTTOMRY. 101 BONUS. Franchise provision for bonus as exemp- tion from taxation. 4-388. BOOK ACCOUNTS. Manner of pledging or assigning. 18-446. BOOKBINDERS. Trade, bookbinder as engaged in. 1916A- 1199. BOOK ENTRIES. Debtor's entry as direction to apply pay- ment. 1914C-247. Evidence, necessity that book of accounts offered in evidence be book of origi- nal entry. 2-842; 1917C-961. BOOKING CONTRACTS. Theatrical performances or other public exhibitions. 1914B-13; 1917C-396. Bookkeeper as 1916A-1199. BOOKKEEPERS. engaged in "trade." BOOKMAKING. What constitutes within statute agaiast gaming or gambling. 17-1084. BOOKS. Baggage of passenger. 21-732. Lien of attorney on book in his posses- sion connected with litigation. 1917D- 149. Loss or destruction, measure of damages in absence of market value. 9-1148; 1917B-579. Public officer, what books, papers or in- struments entitled to retain after ex- piration of term. 1913B-1274. Trademark or trade name as infringed by similar name. 1915B-331. BOOKS OF ACCOUNT. Citizen's or taxpayer's right to inspect books of municipality. 1913E-60. BOOKS OF ACCOUNT Continued. Corporations, admissibility of books or records in evidence in action between members or between member and cor- poration. 1917D-558. right of director to inspect, books. 17- 837; 1914B-424. stockholder's right to inspect as abso- lute or qualified. 1913E-173. Evidence, book of original entry, neces- sity that book of account offered in evidence be. 2-842; 1917C-961. deceased person, admissibility in evi- dence of books kept by. 12-77. duplicate sales slip or sheet from loose leaf ledger, admissibility as book of account. 1914D-489. private books and papers as evidence of what they do not contain. 1914B- 1256. Fire insurance, necessity of exact compli- ance with iron-safe clause of policy requiring books to be kept and pre- served. 9-467; 14-1079; 1913C-1222; 1918E-389. Production of books, power of court to compel production of books of pri- vate corporation by person whom they may incriminate. 1912D-569. right to compel attorney to produce client's books or papers. 1916C-64. Subpoena duces tecum, sufficiency of de- scription of books. 15-644. BOOMS. See Logs and Logging. BOROUGHS. Village as synonymous with borough. 1918D-266. BOTTLES. Deadly weapon, bottle as. 1912A-1334. Reuse or traffic in by person other than manufacturer or owner, validity of statute regulating or prohibiting. 1915A *87. BOTTOMRY. See Admiralty. 102 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BOUNDARIES. Adverse possession, possession by mistake of one intending to claim only to true boundary as constituting. 15- 827; 1912A-450. Alteration of established line by agree- ment as necessitating writing. 8-85. Arbitration and award of disputed bound- ary, parol submission and award. 1913D-202. "At," legal meaning as applied to bound- ary. 1912B-1073. Conclusiveness of proceeding to fix boundaries upon title to land. 3- 1064. Deed bounding land by private way as carrying title to middle thereof. 18 74. "Define" or "defining," meaning of terms as applied to boundaries. 1914B-98. Disparagement by declarations. 2-5. Division fence, validity and enforceabil- ity of oral contract to maintain. 1912C-470. Drainage districts, alteration or exten- sion. 1915C-27, 43. Equity jurisdiction to determine lines. 11-1127; 1915A-354. Evidence, ancient map or survey, admis- sibility to establish boundary. 1916C 176. deceased former owner's declarations, admissibility to prove boundaries. 19-551. declarations of deceased surveyor as admissible as to boundary. 15-874. "Half," legal meaning of word. 1913E- 1013. Judicial notice of boundaries, national, interstate or county. 12-932. Local option territory, effect of change of boundaries or organization on operation of law. 21-1017. Parol agreement establishing line as af- fected by statute of frauds. 8-83; 16-150; 1912B-662; 1915B-728. School districts, alteration as affecting real property rights. 20-89. extension of boundaries as affecting school tax. 1915B-1152. State boundaries, concurrent jurisdiction over waters forming state bound- aries. 16--1115; 1914D-190. BOUNDARIES Continued. original jurisdiction of United States supreme court in action affecting. 1912C-530. Subdivision of land into several tracts, apportionment of excess or deficiency found to exist in tract. 1912A-1273. Surveyor, liability for error in fixing boundaries. 191SC-524. Tree on or overhanging boundary line, rights of adjoining land owners. 1918B-1157, 1171. Water boundary, change in course of stream as affecting lands bordering thereon. 13-51. BOUNTIES. Exemption from execution. 17-1191. Sugar bounty, validity of appropriations of public money for bounty. 1-935. War veterans, state grant, validity of statute authorizing. 1913B-953. BOWELS AND URINARY ORGANS. Injuries affecting, what is excessive or inadequate verdict. 16-43; 1913 A- 1378; 1916B-396. BOWLING-ALLEYS. Bowling for the price of the game as gaming. 2-619. Noise arising from game as nuisance. 1912Br429. BOYCOTTS. Acts constituting and remedies. 1-177; 9-1222; 13-86; 13-823. Constitutional liberty of speech and press as authorizing boycott. 15-7. BRAIN. adequacy of verdict. Injury to brain, 1916B-397. BRAKEMAN. Fellow-servant of engineer of train, brakeman as. 13-1107. Implied authority to eject trespassers. 1-777; 2-624; 18-892; 1914A-598. BRAKES BREACH OF WARRANTY. 103 BRAKES. Emergency brakes, application injuring p'assenger, liability of carrier. 1915C-764. Safety brakes on street-cars, validity of ordinance requiring. 1913B-660. BRANCH LINES. Eailroad, right to exercise power of emi- nent domain for construction. 1914C 648. BRANCH OFFICE Maintenance as "carrying on business" within statutes relating to jurisdic- tion and service of process on foreign corporation. 18-34. BRANDS. Animals, ownership as evidenced by brands. 12^14; 18-544; 1913E-133. Convict labor goods, validity of statute requiring goods to be so marked. 1913B-817. Food and drugs branding under federal act. 21-1324. proper and improper branding and labeling. 1915A-46. Union label, validity of statute protect- ing use. 1912D-373. BRASS KNUCKLES. Brass knuckles as deadly weapon. 1333. 1912A- BREACH OF PEACE. See Assault; Disturbing Meeting; Mobs; Riot; Unlawful Assembly. Language constituting breach of peace. 1917C-889. Malicious prosecution on charge of breach of peace, excessiveness or in- adequacy of verdict. 1916C-256. Prevention, right of private citizen to interfere to prevent breach. 1912D- C5. BREACH OF PROMISE OF MARRIAGE. Accrual of action on marriage of prom- isor to another before day set. 1- 427. Damages, aggravation by attack of de- fendant on plaintiff's character. 19- 1128. excessive verdict, what is. 16-981; 1915D-492. exemplary damages, right to recover in action for breach of contract to marry. 1914B-319; 1915A-298. t offer by defendant to marry plaintiff, effect on damages. 20-1354; 1917A- 652. seduction as element of damages. 5- 107; 8-917; 1914B-1200. Demand for performance as condition precedent to action. 18-360. Disease as defense to action. 12-197; 1913E-916; 1915A-298; 1917D-1084. Evidence, character or reputation of plaintiff, admissibility of evidence in action for. 1912D-963. financial circumstances of defendant, admissibility of evidence. 20-1265. preparations for marriage as corrobora- tive evidence of promise to marry. 1915C-138. understanding of family or friends of party as evidence of agreement to marry. 1916C-564. Implied contract as actionable. 1914C 1097. Judgment as affected by discharge in bankruptcy. 3-170; 12-1011. Married person, validity of promise of marriage by or to. 14-162; 1914 A- 695. Return of property given in contempla- tion of marriage, right on breach of contract. 19-538. Survival of cause of action. 10-725. BREACH OF RULES. "Workmen's compensation, accident in- curred during breach of rules as aris- ing in course of employment within meaning of act. 1913C-15, 17, 18, 19, 20. BREACH OF WARRANTY. See Warranty. 104 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BREAD. Manufacture or sale, validity of statute or ordinance regulating. 17-617; 1914B-287. BREAKING DOORS. Officer's right in making arrest without warrant on suspicion of felony. 1912B-574. Private citizen's right in prevention of breach of peace. 1912D-67. BREAKING OUT OF BUILDING. Whether taking property of another in breaking out of building constitutes burglary. 1916B-537. BREAST OR CHEST. Inadequacy of verdict for injuries. 1916B-397. BREEDING. Animals, breeding of. 1916A-564, 588. implied warranty of fitness for breed- ing purposes. 19-874. BRIBERY. Attempt to bribe and bribery, distinction between. 1916A-816. Cruel and unusual punishment for brib- ery. 19-731. Elections, constitutional or statutory pro- vision against bribery as applicable to primary election. 16-252. promise to do certain things after elec- tion as bribery of electors. 11-566; 1918A-888. Indictment or information, value of thing offered or received as bribe, suffi- ciency with respect to allegation. 1918A-314. Inducement to commit offense with view to prosecution as defense. 17-295; 1916C-730. Juror, attempt to bribe as contempt. 15- 747. Labor payment of benefits to strikers as constituting bribery. 8-804. BRIBERY Continued. Other crimes, proof in prosecution for bribery. 15-195; 19151>-181. Public officer, effect on question of brib- ery that act for which bribe is taken or offered is beyond his power or jurisdiction. 14-246. Witness, bribery as crime for which wit- ness may be impeached. 1916A-27C. BRICKS. Brick-kiln as included within term "out- house" or "out-building." 1912D- 1195. when constitutes nuisance. 1917E-420. State or municipal regulation of manu- facture .of bricks. 1917B-931. BRIDGES. Abutting owner's right to erect bridge over street. 17-246. Approach as part of bridge. 1912B-792. Construction work, master's duty and lia- bility to servant engaged in work on bridge. 21-763. Ferry franchise as infringed by construc- tion of bridge. 12-255. Gift for construction or maintenance as valid charitable gift. 1914A-1218. Independent contractor, person contract- ing for construction of bridge as. 1918C-654. test by character of employment. 19- 21. Injury caused by vessel, liability. 1917B- 938. Location, meaning of word "near." 1913D-118. Maintenance of bridge on- highway not erected by highway authorities, duty to maintain. 1914A-550. Municipal liability in respect to mainte- nance and operation. 15-833. Railroads, construction over public canal or highway, duty of railroad to erect ' at own expense. 1912D-1036. crossing highway by bridge, duty to maintain roadway below in safe con- dition. 191SD-198. implied license of railroad to use as highway. 2-551. BRIEFS OF COUNSEL BROKERS. 105 BRIDGES Continued. injury to person other than servant on bridge, liability of railroad. 1914D- 1210. repair of bridge within municipal limits, power of municipality to com- pel railroad or street railway to re- pair. 1916C-1171. Statutes relating to bridges, effect of par- tial invalidity. 1916D-58. Taxation of interstate and intercounty bridges. 18-716. Toll bridge, duty of proprietor to keep bridge in safe condition for travel. 11-1198. purchase by municipality, compensation payable. 1915B-1780. right of county or other municipality to collect tolls on bridge under its control. 1914D-515. Traction engines using bridge, statutory conditions with respect to. 15-1076; 1917E-802. BRIEFS OF COUNSEL. Expense of printing, personal liability of attorney. 1917B-525. Failure to file in appellate court, effect. 1914A-485. Scandalous or disrespectful language in brief, action court will take. 9-166. BROKERS. 1. In General. 2. Real Estate Brokers. A. GENERALLY. B. COMMISSIONS. 3. Stock Brokers. 4. Insurance Brokers. 5. Loan Brokers. 1. In General. Collateral oral agreement as admissible to vary terms of brokerage contract. 1914A-458. Dealer, broker buying or selling for future delivery as "dealer." 1917A- 952. Distinction between brokers and factors. 1913C-1018. Future delivery, admiseibility of evidence of other transactions on issue whether contract is for. 1914D-87. BROKERS Continued. broker buying or selling for future delivery as "dealer." 17-952. interstate commerce act as applicable to dealings in futures. 14-1034. Marriage brokerage contracts. 1-696. Merchandise, payment to as discharging purchaser. 14-804. right of agent for sale of goods to com- mission where buyer rejects goods or fails to pay. 1915B-169. Misappropriation of funds by agent for both borrower and lender, who bears loss. 1913C-468. Process, broker as agent within statute for service of process on foreign cor- poration. 19-203; 1914D-988. Taxation on interstate business as inter- ference with interstate commerce. 2-702. Theater tickets, validity of statutes pro- hibiting scalping. 9-749. Ticket brokerage, validity and effect of statutes prohibiting. 6-873; 8-649. injunction to prevent buying and sell- ing of nontransferable tickets. 12- 700; 1913B-460. Witness, information acquired by broker as privileged, from disclosure. 1916C- 703. 2. Real Estate Brokers. A. GENERALLY. Contract of sale, power of broker to make. 8-851; 1917A-522. validity of contract executed under ex- press authority but containing terms not expressly authorized. 1914D- 1087. Damages for breach of contract, liability of broker for owner's refusal to con- vey. 2-636. right of broker to recover from pur- chaser procured by him on breach of contract to purchase. 11-476. Options, broker given option to purchase, rights of parties to contract employ- ing broker to find purchaser of realty. 1914D-1205. power to option not included within power to sell. 2-423; 1914C-366. Eevocation of authority of real estate broker. 2-8S6; 12-1085; 1918D-339. 106 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BROKERS Continued. B. COMMISSIONS. Amount of compensation where contract fails to fix rate. 1912A-1267. Breach of contract to sell on commission, recovery of profits as damages. 6- 976; 10-654. Broker 'himself purchasing property, right to commission on sale. 1912A-202. Failure of purchaser to comply with bind- ing contract of sale, right of broker to commission. 11-786. Illegal contracts as to compensation by agents of vendor or vendee. 1-573; 1917A-511. Implied contract to pay commission for sale, lease or mortgage of real estate. 1918C-1064. Joint contract of buyer and seller to pay commissions, liability thereunder. 1918B-180. Less than stipulated, price accepted by owner, right of broker to commission and amount thereof. 1913E-784; 1914C-138. Liability of person employing broker as dependent on principal's interest in property. 1913E^342. Licenses, failure to procure statutory license as affecting right of recovery. 5-8.97; 1912D-378. More than stipulated price received by owner, right of broker to commission. 1914C-136. Oral contract of employment, right to recover commission where statute re- quires written contract. 13-977; 1915A-1133. Owner making sale, right of broker to commissions. 9-433; 1913D-821. Part of property sold, right of broker to commission. 1915C-885. Sale, lease, etc., defeated - by act of owner, right of broker to compensa- tion. 2-184; 20-1024. Several brokers intrusted with sale of same property right to commission as between. 15-766; 1916B-978. Terms of sale, right of broker to commis- sion on procuring person willing to purchase on different terms as to pay- ment. 19-1048. Time for payment of commission. 1914D L - 305. BROKERS Continued. Written contract for commission for sale of realty, validity of statute requir- ing. 1913C-727. 3. Stock Brokers. Frauds, statute of, buying and selling corporate stock for principals as within statute. 7-932. Lien of stock broker on stock procured by him for customer. 21-743. Margins, stock carried on margin, owner- ship as between broker and customer. 14-986. Pledge of stock carried on margin, right of broker to pledge. 1912B-563. duty to account for pledged stock. 1915B-918; 1917A-434. sale of pledged stock "on the curb" as constituting conversion, 6-107. Stock broker and customer, rights and duties inter se. 1915B-907. 4. Insurance Brokers. Agent acting as broker in procurement of insurance, as constituting him agent of insured. 20-1234. commissions on renewal premiums, right after termination of agency. 1912A- 529. Broker as agent whose knowledge is im- putable to company. 1913A-853. 5. Loan Brokers. Performance entitling loan broker to com- mission, what constitutes. 191SC- 609. State or municipal regulation of personal property loan brokers. 1916E-618. BROTHERS AND SISTERS. Death by wrongful act, inadequacy of verdict in action by brother or sister. 1916B-467, 468. Half-brother and half-sister as "brother" and "sister." 9-140. Illegitimate brothers and sisters, succes- sion between. 16987. Insurable interest of brother or sister in life of other. 1914C-284. Libel and slander, communications be- tween brothers as privileged. 1917E- 897. BRUISES BUILDING AND WORKING CONTRACTS. 107 BEOTHEBS AND SISTEES Continued. Services rendered as members of same family, implied contract to pay for. 8-203. Workmen's compensation, brother as de- pendent. 1918B-759. BRUISES. Excessiveness or inadequacy of verdict in action for injuries. 1641; 191 6B- 398. BRUSHES. Trademark or trade name as infringed by similar name. 1915B-333, 369. BRUSH LOTS. Changing pasture into brush lot as waste. 1918D-543. BUILDING AND LOAN ASSOCIATIONS Continued. Loans, to whom may be made. 1917B- 590. Membership in association, what consti- tutes. 1-796. withdrawal from association, right of. 8-835. Mortgages against borrowing members, necessity for payment on dissolution. 10-391. Keceiver, appointment for building and loan association. 1917A-877. Usury, exemption from usury laws, con- stitutionality of statutes providing. 2-996; 20-1252; 1916E-232. < laws governing contracts of building and loan associations with respect to usury. 1-241; 14-736. loan contract as usurious in absence of statute. 1914C-1305. "What is building and loan association. 1914A-697. BUCKET-SHOPS. Gaming statutes as applicable to bucket- shop. 17-709. Right of equitable relief for refusal of telegraph company to furnish stock quotations. 6-887. BUCKLING RAILS. Liability of carrier for injury to passen- ger for injuries resulting from de- railment of train caused thereby. 1913D-211. BUILDING AND LOAN ASSOCIATIONS. Assignability of debt owing by member to association. 1914D-1153. Dissolution, mode of settlement with bor- rowing members on premature disso- lution. 4-1080; 7-318; 10-391; 1914B- 1269. Dues, waiver of by-law specifying person to whom and time and place at which dues are to be paid. 3-731. Fraud, avoidance of building and loan contract on ground of. 1917A-890. Interest paid by member, right to re- cover usurious interest. 1-421. BUILDING AND WORKING CONTRACTS. Acceptance waiving nonperformance of working contract, use of structure or work by owner as constituting. 15- 972. Action for work performed under work- ing contract, necessity of pleading excuse for nonproduction of archi- tect's or engineer's certificate made condition precedent to right to re- quire payment. 5-721; 19-905. Alterations or modifications, validity and construction of provision in contract permitting. 1915D-758. Architect's or engineer's decision under working contract, conclusiveness. 10-575; 1913A-180. Assignment of proceeds of contract by building contractor, subcontractor or mateualman. 1918D-609, 642, 644, 650. Attachment of materials furnished to be used in construction of building, lia- bility at suit of contractor's creditor. 1913A-876 Bond given by contractor to property owner, right of one furnishing labor or material to sue on. 1916A-754. surety as released by premature pay- ment to principal. 2-766; 8-245; 1915C-674. 108 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BUILDING AND WORKING CON- TRACTS Continued. Collateral oral agreement, supplementing building contract by proof of. 1914A- 457. Compensation, enforceability of promise of extra compensation to contractor who refuses to complete working con- tract. 14-499. Construction of contract in connection with plans and specifications. 1913C- 224. provision that work must be satis- factory to owner. 1913D-629. Defective work, measure of damages under building contract. 1913B-781. Destruction of building as excuse for nonperformance. 1-467. without fault of either owner or con- tractor, right of contractor to recover for work performed in erection or re- pair of building. 1913A-458. Evidence, expert, competency to testify as to whether construction work was properly done. 1912D-903. Extra work ordered by architect but not ordered in express manner provided by working contract, right of con- tractor to recover for. 7-213; 17-81. Implied agreement of contractor to per- form work in accordance with pro- visions of statute or ordinance. 1913D-467. Insurance, failure of owner to insure building in accordance with contract, effect on rights of parties or their sureties. 1914C-336. insurable interest of contractor in building under construction. 1915B- 1099. Loan of money to contractor as giving right to mechanic's lien or to re- covery on contractor's bond. 1918D- 352. Mechanics' liens, foreclosure, principal contractor as necessary party defend- ant. 1918B-6. stipulation in contract against mechan- ics' liens as precluding contractor from filing lien. 1913E-562. subcontractor, effect of stipulation against lien in building contract. 14-144. Municipal contract, laborer or material- man's right of action against city as Driven under statute or ordinance re- BTJLLDING AND WORKING CON- TRACTS Continued. quiring public contractor to pay all claims before settlement. 1915B- 868. Paramount public interest as modifying rule that where parties are in pari delicto court will aid neither. 1913D- 772. Personal representative of contractor as bound by obligations of contract. 1912A-420. Rescission, notice to complete as condi- tion precedent to right to rescind contract for delay. 1914D-286. right of building contractor to rescind for failure of owner to make pay- ment. 1916C-54. Specific performance of construction con- tract or contract to repair. 9-160; 1913A-923. Strike as excusing performance of con- tract. 12-313. Theater construction, contract for. 1914B- 16. Written matter as controlling printed matter in construction of contract. 1913E-963. BUILDING LANDS. Changing meadow into building land as waste. 1918D-545. BUILDING MATERIAL. Attachment, liability to attachment at suit of contractor's creditor. 1913A- 876. Storage in street, duty of abutting owner as to safeguarding and removal. 2- 503; 10-918. BUILDING PERMITS. Validity of ordinance requiring. 13-1187. BUILDING RESTRIC- TIONS. Basement, restriction against erection of building less than certain distance from front line of premises as appli- cable to basement. 1914A-6. BUILDINGS. 109 BUILDING RESTRICTIONS Continued. BUILDING RESTRICTIONS Continued. Boarding-houses, construction of restric- tion with respect to. 1912D-479. Business offensive to neighborhood, re- striction prohibiting erection of building for, construction. 11-173. Cancellation of covenant in deed as cloud on title, power of court of equity. 1912A-765. Construction of provision relating to. 1912D-480. Disregard of building line or restriction as affecting right to compel others to observe it. 1913D-428. Dwelling-house, construction of covenant in deed restricting building on prem- ises to use as dwelling-house. 1912D- 477; 1915A-419. Enforcement of restriction by purchaser under general plan against another purchaser, right of. 14-1021; 1913E- 822. complainant's right to enforce as de- pendent on his being damaged by violation thereof. 1914A-904. right of enforcement as dependent on meaning of covenant being clear. 1912A-80. Existence of restriction as broach of cove- nant against encumbrances. 1913B- 1066. Front line of premises, construction of restriction that building shall be erected not less than certain distance from front line. 1914A-3. Frauds, statute of, validity within stat- ute of agreement by vendor of prop- erty that he will impose similar re- strictions on property subsequently sold. 1914A-434. Garage, construction of building restric- tion as applicable to erection . of garage. 1912D-480. restriction against erection of building less than certain distance from front line of premises as applicable to garage. 1914A-12. Injunction against establishment of in- dustry where required consent of property owners has not been ob- tained, right of property owner within prescribed radius. 1914A-979. Public or public service corporation as bound by building restriction or re- strictive agreement. 1918B-591. Signboard or billboard, erection as viola- tion of covenant against offensive trade or business or similar covenant. 16-225. Stable, covenant in deed restricting build- ing on premises to use as dwelling- house as applicable to stable. 1912D- 482. Waiver of restrictive agreements by ac- quiescence in violation thereof. 1 603; 14-760; 1915B-147. BUILDINGS. Adverse possession of part of building as giving title to such portion. 12-870. Alteration by tenant for years as waste. 1912C-392. Arson, unfinished dwelling-house as within law of arson. 15-547. Building lines, validity of legislation es- tablishing. 19-188; 1914B-194. Burglary, sufficiency of indictment with respect to description of building. 1913D-867. Collapse, liability of owner for injuries caused. 18-5; 1917A-478. Control of erection or repair as matter within discretion of municipal offi- cials. 6-750. Destruction pending executory contract of sale of land, rights of parties. 9 1055; 18-296; 1913E-304. public authorities destroying building, right to compensation. 1913C 599. Dower lands, duty of tenant in dower to repair building. 1912B-1215. Excavation by adjoining land owner on own premises, liability for injury re- sulting to building. 21-15; 1917A- 352. Fallen building clause in fire insurance policy, construction. 18-580. Fire apparatus, validity of statute or ordinance requiring private buildings to be equipped with. 1916B-516. Fire-escapes, duty to maintain. 9-116G; 1913E-777; 1916E-629. Fire limits, ordinance forbidding erection of buildings within construction. 18 183. removal of erections within fire limits, power of municipality. 9-292. 110 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BUHJHNGS Continued. right of municipality to enjoin viola- tion of ordinance prohibiting erec- tion of wooden building within fire limits. 1916C-965. Frauds, statute of, contract for sale of building as contract for sale of realty within statute. 1916D-970. contract to supply material and work upon building as within statute. 19- 1303. Gas escaping from pipes, injuring build- ing, liability of gas company. 1914C- 361. Gift for public buildings as valid chari- table gift. 1914A-1218. Height, validity of statute or ordinance limiting. 15-1051. Independent contractors in. building work, who are. 1918C-654. test by character of employment. 19- 21. Injunction against erection on ground use will constitute nuisance. 2-254. Insurable interest of contractor in build- ing under construction. 1915B-1099. Lease of part of building as affected by destruction or injury of building. 9- 107. Mechanics' liens, building distinct from land on which located as subject to. 2-689. character of structures subject to lien. 1912B-7. destruction or removal of building, ex- tension of lien to land. 1913A-943; 1914D-681. Moving buildings, use of streets for. 1- 114; 11-639; 19170-77. Municipal building in street, right of municipality to erect. 12-24; 21 1072. Out-building or outhouse, meaning of term. 1912D-1193. Parks and squares, erection of buildings in. 11-468; 21-141; 1918E-489. Permit to erect or repair building within city, validity of ordinance requiring. 13-1187. Public building, location of, validity of contract influencing. 8-484. site for public building, power of United States to condemn land for. 191SE-44. BUILDINGS Continued. Eealty or personalty, building placed on land of another by permission, as realty or personalty in absence of agreement respecting subsequent ownership. 12-1088. fixing character by agreement. 1-312. Shoring building as justification for tres- pass on adjoining land. 151155. Taxation, buildings within exemption of educational institutions. 10-671. Theaters or other places of amusement, right to compel proprietor to furnish fire or police protection at own ex- pense. 20-361; 1916A-1183. Unfinished structure as included under term "building." 1915D-1156. Unoccupied or occupied, with reference to fire insurance policy. 1912D-82. Unsafe condition of building maintained for public use or amusement, liabil- ity of municipality. 1918D-115. Workmen's Compensation Act as appli- cable to employment in construction, repair or demolition of buildings. 1917IKL4. BULK SALE ACTS. Chattel mortgage, execution as violation of Sales in Bulk Act. 12-345. Conditional sale of goods to retailer for purpose 'of resale, effect as to third persons. 191GA-91. Constitutionality of statute prohibiting sales of merchandise in bulk. 1-557; 8-452; 9-234, 252; 1912C-706; 1914C- 713; 1915C-414; 1917B-275; 1918A- 271. Conveyance to creditor in payment of debt as sale under statute prohibit- ing sales of merchandise in bulk. 9- 332. "Goods, wares and merchandise," mean- ing of term within Sales in Bulk Acts. 5-800. Part interest in business sold to partner or for creation of partnership as within law. 1914B-1105. Presumption of fraud and invalidity, con- struction of statute. 1913C-1214; 1915D-79. Eemedies of creditor for violation of law. 1916C-928. BUNCH OF KEYS BURGLARY INSURANCE. Ill BUNCH OF KEYS. Name thereon as evidence of ownership. 1915D-356. BURDEN OF PROOF. See Evidence generally, and special heads. BURGLAR-ALARM. Liability of company maintaining system for negligence. 1915D-1187. BURGLARY. 1. In General. 2. Crime and Defenses. 3. Indictment and Proof. See Larceny; Receiving Stolen Property; Robbery. 1. In General. Automobile insurance, construction of policy with respect to loss by burglary. 1915A- 629. Bailment, liability of bailee for loss by burglary. 4-1085. Building within law of burglary as in- cluding unfinished structure. 1915D- 1156. Cruel and unusual punishment, what is. 19-728; 1918B-398. Killing burglar or supposed burglar, civil liability. 1914B-581. Malicious prosecution on charge of bur- glary, excessiveness or inadequacy of verdict. 1916C-256. "Outhouse" or "out-building," meaning of terms within law of burglary. 1912D-1193. Receiver of stolen goods as accessory or . accomplice of thief. 20-594. Witness, burglary as crime for convic- tion of which witness may be im- peached. 1916A-276. 2. Crime and Defenses. Breaking out of building as burglary. 1916B-537. Constructive breaking within statutory or common-law burglary or housebreak- ing. 15-1023. Drunkenness, effect on intent to commit crime. 1913C-521. BURGLARY Continued. Employee of owner, unauthorized entry of premises as burglarious entry. 1916E-534. Inducement to commit offense with view to prosecution as defense. 17-296; 1916C-730. Intent as element of crime. 1913C-517. Opening, sufficiently to gain entrance, door or window partly open as bur- glary. 15-929; 1916C-320. screen door or window, burglary by opening. 15-932. 3. Indictment and Proof. Burial vault, sufficiency of description in indictment. 1913D-876. Conspiracy to commit, sufficiency of alle- gations of indictment as to object of and means of committing. 21-46. Corporations, necessity that indictment or information for burglary from cor r poration should allege fact of incor- poration. 12-683. Description of building, sufficiency of in- dictment with respect to. 19i3D-867. Form of indictment, construction of stat- ute prescribing. 1918C-558. Other burglaries, proof upon prosecution. 16-669. Ownership of 'building entered, necessity of alleging in indictment. 5-1011. Possession of stolen property as evidence of burglary. 19-1281. Variance between indictment and proof as to ownership of goods stolen or intended to be stolen, effect. 1912C 116. BURGLARY INSURANCE. Account-books, necessity of keeping under policy provisions. 1918E-393. Action on policy. 1913C-1180. Damages recoverable in action on policy. 1913C-1181. Evidence in action on policy. 1913C- 1180. False representations, effect on liability under policy. 1913C-1179. Pleading in action on policy. 1913C 1180. 112 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BURGLARY INSURANCE Continued. Bight of general insurance company to insure against burglary. 1913C-1176. Subrogation of insurer to rights of in- sured. 1913C-1180. BURIAL INSURANCE. Undertaker's contract for burial as con- stituting insurance contract. 1916C- 1016. BURIAL LOT. Bqnest for purchase or care, validity. 15-606. BURIAL OF DEAD. Cemeteries, right to refuse privileges to applicant. 1914B-280. Crematories, state or municipal regula- tion. 1915C-807. Expenses of burial, liability of .parent for burial of child. 1913E-929. Husband or wife, liability of one spouse for funeral expenses of other. 7-172; 18-856. Regulations or restrictions as to burial of dead, validity of state or municipal. 14-1085. Eight of burial, removal and reinter- ment of dead bodies. 3-132; 14-470; 1912D-1240; 1918D-733. BURNING OF BUILDING. Accident insurance, construction of phrase in policy relating to injury "caused by burning of building." 1913A-554; 1917C-410. BURNS. Excessiveness or inadequacy of verdict in action for burns. 16-42; 1916B-402. Workmen's compensation, injury from burns as accident arising out of and in course of employment. 1914B-500. X-ray, causing burns, liability of physi- cian. 1912C-1124; 1918E-25S. BURNT RECORDS. Action to recover on burnt record, right to jury trial. 1912D-246. Effect of burning aa to recorded instru- ment. 20-34. BUSINESS. See Licenses; Monopolies. Apprehended injury to business, payment to prevent as payment under duress. 2-825; 1918B-516. Banking, what constitutes doing banking business. 18-829. Basement or room underground, validity of statute regulating conducting of business therein. 1914A-1132. "Carrying on business," meaning of term as used in statutes. 18-32. residential district, validity of munici- pal ordinance prohibiting carrying on business within. 1914A-132. < what constitutes within covenant not to carry on similar business within prescribed limits. 1915A-381. Closing place of business (other than liquor saloon), validity of statute or ordinance requiring to close at cer- tain hour. 1915A-1097; 191SD-200. Conspiracy to injure trade or business of another. 1-508. sufficiency of indictment as to allega- tion of object and means of injuring person in business. 2144. Decedent's business, carrying on as di- rected by will, liability of entire es- tate for debts contracted. 1915C- 367. continuing business of decedent as charging person as executor de son tort. 1917E-19. executor or administrator carrying on business without authority, personal liability. 1912B-728. Eminent domain proceedings, injury to business as element of damages. 1918B-869. Execution sale, injury to business as ground for injunction against. 1918C-211. Foreign corporations, license tax imposed for doing business in state, validity. 3-632; 1913C-812; 1916C-1248; 1918C-620. what constitutes doing business within state. 2-307; 8-942; 11-320; 1912A- 553; 1913E-1154; 1916E-417; 1918C- 539. Goodwill, creditor's bill as reaching good- will of business. 1914D-961. damages recoverable for injury to good- will of business. 1914B-879. BUTCHERS BUYING. 113 BUSINESS Continued. distinction between goodwill and profits. 20-691. partner's right to dispose of firm's good- will. 20-582. sale of business as passing goodwill without mention. 18-433; 1917A- 1015. vendor's rights as affected by sale of goodwill in business. 11-573; 21- 427; 1914B-587. Interchange of business between public service corporations, validity of con- tract. 1914B-262. Interstate commerce, state taxation of business as attempted regulation. 2- 701. Landlord and tenant, breach of landlord's covenant to repair, injury to tenant's business as element of damages. 15 564. wrongful eviction, injury to business and loss of profits as element of dam- ages. 6-460; 1912A-860. Libelous imputation affecting one in busi- ness, excessiveness of verdict. 1913B- 702; 1916I>-1176. Licenses, burden of proof as to whether person is duly licensed to do busi- ness, other than sale of liquor. 1915B-416. prohibited business, right to collect li- cense tax from person engaged in. 15-1068. Master and servant, contract of servant not to engage in similar business as master after termination of employ- ment, validity. 1914A-500; 8-150. injury to business resulting from ser- vant's negligence or misconduct as defense or setoff in action for wages. 1918D-82. transfer of business in which servant is employed, liability of master for injuries to servant where after com- mencement of employment and with- out notice to servant transfer is made. 1914A-474. Municipal corporation, competition in business with citizen, right of munici- pality to enter into. 1918B-104. power to engage in business of furnish- ing ice or fuel to inhabitants. 20- 204; 1916C-743; 1918E-663. theatrical or moving picture business, power of municipality to engage in. 1914D-969; 1915A-758. Index to Notes 8 BUSINESS Continued. Noise arising from lawful business as nuisance. 4-378; 19-993; 1915B- 1059. Offensive business, building restriction against. 11-173. Ordinance regulating business, judicial in- quiry into motive prompting enact- ment. 1912A-718. Personal injuries, business profits as ele- ment of damages. 11 45; 17-658. Police surveillance of place of business, injunction against. 5-483; 1913B- 713. Postal laws, transaction concerning sale of business as scheme to defraud within federal statute prohibiting use of mails in furtherance thereof. 1914D-1248. Promotion of business interests of com- munity, powers and liabilities of pri- vate corporation. 1917C-787. Quasi-public nature of business, reason- ableness of rules and regulations for conducting as question of law or fact. 3-715. Eailroad company's power to conduct business as incidental to main busi- ness. 4-910; 13-293. Soliciting business on trains or premises of passenger carriers, validity of statute prohibiting. 18-867. Stockyards as business subject to public regulation. 10-1022. Strikes, injunction as remedy against in- jury to business by strikers. 4-783. Sunday, buying, selling, or trading as "labor" or "labor or work" within prohibition of Sunday law. 1913D- 799. BUTCHERS. Butcher as "dealer." 1917A-952, 967. Hawker and peddler, license regulations as applicable. 1912D-1292. Statutory or municipal regulation of meat dealers. 1912B-510. Trade, butcher as engaged in "trade." 1916A-1199. BUYING. Buying as 'Habor" within prohibition of Sunday law. 1913D-799. 114 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. BUZZ-SAWS. BY-LAWS-Continued. Injuries to servant, liability of master. Savin gs banks, liability for wrong pay- 1913C-125 ment notwithstanding by-law. 1-100. BY-LAWS. Beneficial associations, amendment of by- law, validity as applied to existing members. 1-717; 10-625; 1913C-675; 1914D-63; 1917B-814. inconsistency with benefit certificate, binding effect on member. 20-929. suicide, validity of amendment of by- laws with respect to suicide. 1913C 677. Corporation, alienation of stock, validity of by-law regulating. 19-702; 191 6D- 1202. inconsistency with charter or general statute, validity. 1914C-665. lien on stock in favor of corporation, validity and effect of by-law creat- ing. 3-188; 19-704; 1918D-368. BYSTANDERS. Arrest, right and duty of bystander to assist officer in making arrest with- out warrant, when summoned either directly or by hue and cry. 18-932. Bills of exceptions authenticated by by- stander. 15-737. Declaration at time of accident as part of res gcstae. 1912C-319; 1917A- 1009. Injury of bystander by person acting in self-defense, right of recovery as for negligence. 1916C-1150. BY VIRTUE OF EMPLOY MENT OR OFFICE. Meaning in. embezzlement statute. 15- 443. c CABS. Name on cab. as evidence of ownership. 1915D-355. CAMP-HOUSE. Burglary, sufficiency of description in in- dictment. 1913D-87C. CALCULATIONS. Paper containing calculation or estimate by party as to amount due him, right of jury to take with them on retire- ment. 19130-937. Witness' calculation from figures in evi- dence, admissibility. 1912D-1353. CAMPAIGN CONTRIBU- TIONS. Contribution to election expenses by per- son other than candidate, validity and construction of statute regulat- ing. 1918E-173. Corporate funds appropriated by cor- porate officer for campaign purposes as criminal offense. 10-320. CAMP-MEETING GROUNDS. Exemption from taxation. 1912A-358. CANALS. Bridge, approach at canal as part of bridge. 1912B-795. : duty of railroad to construct bridge at own expense over public canal or waterway. 1912D-1036. Canal corporation as quasi-public corpora- tion. 18-1065. Eminent domain, interest acquired in land by condemnation as easement or fee. 20-571; 1918A-809. Execution sale of property of canal com- pany, right to injunction against. 1918C-229. CANCELLATION OF INSTRUMENTS CAR INSPECTOR. 115 CANALS Continued. Independent contractor, person employed upon canal work as. 1918C-655. License as defense against injury from percolating waters. 5-683. Navigable water, canal as. 17-349. Reversion of land taken under power of eminent domain when public use ceases. 19-157. Trespassing child, liability of owner of canal for injury to. 1918B-425. Workmen's Compensation Act as appli- cable to employment under Isthmian Canal Commission. 1917D-16. CANCELLATION OF INSTRU- MENTS. See Rescission, Cancellation, and Befonna. tion. CANDIDATES. Election expenses, validity and construc- tion of statute requiring candidate to file statement. 1915A-366. Libel or slander, political criticism of candidate as. 1914C-997. Minority candidate's right to office for which ineligible or deceased candi- date received highest number of votes. 2-485; 11-118; 1915B-518; 1918B-983. Primary elections, general election provi- sions as to eligibility of candidates and payment of expenses as appli- cable. 16-251. When person is "candidate" for office. 12-109. Withdrawal of candidacy for public office. 1918E-362. CANNED GOODS. Dealer's liability to consumer for un- wholesome food sold. 16-499. CANVASSERS. Canvasser as "dealer." 1917A-953. CAPITAL PUNISHMENT. Juror's prejudice against as constituting disqualification in criminal case. 1912A-786. CAPITAL STOCK. Taxation of shares of stock and capital stock or property of corporation as constituting double taxation. 7- 1195; 13-636. CAPITAL SUM. 1918E Annuitant's right to capital sum. 808. Trust, taxes and carrying charges on realty as payable out of income or capital. 1918E-947, 982, 989. CAPITATION TAXES. See Poll Tax. CAR. What is included in term "car.' 45. 1914D- CARBON COPY. Admissibility in evidence witho'ut ac- counting for nonproduction. of origi- nal. 11-108; 1914D-1082. CAR-COUPLERS. Defects, necessity of employer's knowl- edge to raise liability to servant for resulting injury. 4-763; 21-86. Federal safety appliance act in reference to keeping in repair, construction. 14-239. CAR DOORS. Injury to passenger caused by car door, liability of carrier. 18-1163; 1918C- 377. CARD-PLAYING. Card-playing in private house as within statute against gaming. 1913C-539. CARELESSNESS. See Negligence. Opinion of witness as to careless conduct of person, admissibility. 1913C 1091. CAR INSPECTOR. Fellow-servant of otter railroad em- ployees. 13-274. 116 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARLISLE TABLES. Tables as evidence. 1914C-685. CARMACK AMENDMENT. Initial carrier of goods, liability under Carmaek Amendment. 1915B- 80; 1917C-939. Limitation of carrier's liability, contract as affected by Carmaek Act. 1915B- 86; 1915D-614; 1918E-471. State regulation of carriers as affected by Carmack Amendment. 1915D-613. CARNAL KNOWLEDGE. See Adultery; Incest; Prostitution; Rape; Seduction; Sodomy. Necessity of emission to constitute. 11- 93. CARPENTERS. trade." 1916A- Carpenter as engaged in 1199. Loan of carpenter by master to repair building of another, duty and lia- bility of latter. 20-444. Workmen's Compensation Act as appli- cable to structural carpentry. 191 7D- 28. CARRIAGES. Motor vehicle as included within term. 1913B-755; 1916B-513. CARRIERS. See Carriers of Goods; Carriers of Live- stock; Carriers of Passengers; Eleva- tors; Ferries; interstate Commerce; Railroads; Ships and Shipping; Street Railways. CARRIERS OF GOODS. 1. In General. 2. Regulation. 3. Furnishing Cars. 4. Delivery to Carrier. 5. Discrimination. 6. Freight Charges and Rates. 7. Transportation and Delivery of Goods. 8. Lien on Goods. 9. Loss or Injury of Goods. 10. Limitation of Liability. 11. Time for Presenting Claim or Bring- ing Suit. 12. Connecting Carriers. CARRIERS OF GOODS Continued. 1. In General Agency, undisclosed principal of person shipping goods, rights as against carrier. 1918A-826. Attachment, goods in hands of carrier in transit as subject to attachment. 1914B-910. Contract of carriage, supplementing by proof of collateral oral agreement. 1914A-458. Criminal liability, unjust discrimination in transportation, liability of cor- poration to indictment. 1916C-464. Exclusion o.f person of bad character or reputation from conveyance or prem- ises, right of carrier. 1913B-1347. Explosives or dangerous goods, liability to carrier of person shipping. 18-20. Garnishment or trustee process against goods in hands of carrier. 1913A- 1321; 1914D-81. Icing cars, duty of carrier as to perish- able freight. 10-171. Insurance by carrier and by owner as double insurance. 11-960. Loading or unloading cars, persons en- gaged in work not bare licensees. 1- 601; 12-119. Money, liability of common carrier as carrier of money. 4-769; 5-797. Perishable property, what constitutes as to goods delivered to carrier for transportation. 1915C-509. Biding on freight train by permission or direction of railroad employee, lia- bility of carrier for injury to person. 1917C-359. Seizure of goods under police regulations, liability of carrier. 15-538. Shipper's control of car, liability to car- rier for injury to car. 1914C-636. Time for performance of act by parties to shipping contract, exclusion or in- clusion of Sunday or holiday in com- putation. 1917E-947. "Warehouseman or forwarder, when per- son or corporation is carrier as dis- tinguished from. 1914B-778. "Wharves, docks or piers, liability for in- jury to person going on wharf to re- ceive freight shipment. 1916C-145, 167. CARRIERS OF GOODS. 117 CAEEIEES OF GOODS Continued. 2. Regulation. Carmack Amendment to Interstate Com- merce Act, constitutionality. 1915B- 81. Classes of carriers of goods, validity of statute regulating particular class. 16-1239. Interstate commerce, state regulation of carriers as interference. 1917A-973. Service by carrier, power of public ser- vice commission to compel carrier to furnish particular class of services. 1917B-1160. , State statutes regulating transportation and delivery of freight as inter- ference with interstate commerce. 7- 5; 1913E-148; 1917A-984. Switching charge, regulation by state or railroad commission. 1914B-366. 3. Furnishing Cars. Agreement to furnish cars to shipper as binding contract. 12-885. Coal cars, duty to furnish adequate num- ber to meet demands of traffic. 1914C-1261. Discrimination with respect to car sup- ply, effect of interstate commerce act on right of shipper to damages. 1914B-52. F. O. B. contracts, furnishing cars there- under. 2-818. Particular shipments, duty to furnish par- ticular car. 15-144. Safe cars, liability of carrier for injuries resulting to consignor or consignee, from failure to furnish safe cars. 9-990. 4. Delivery to Carrier. C. I. F. contract, what constitutes com- plete delivery under. 1914C-217. C. O. D. shipment, delivery to carrier as delivery to purchaser. 1916A-1049. rights and liabilities as between carrier and consignee. 1916B-1220. Delivery of goods to carrier for shipment as delivery to purchaser. 20-1027; 1916A-1046. Deposit of goods for transportation at place other than regular station aa delivery to carrier. 1912D-130. CAREIEES OF GOODS Continued. F. 0. B. shipment, delivery to carrier as delivery to purchaser. 1916A-1049. Uniform Sales Act, construction of act with respect to effect of delivery of goods to carrier. 1918D-400. 5. Discrimination. Agreement to transport property for an- other railroad at reduced rate as dis- crimination under Interstate Com- merce Act. 1914A-510. Car supply, shipper's right to damages for unlawful discrimination as af- fected by Interstate Commerce Act. 1914B-52. Discriminatory rates between shipper of goods. 1-55. mistake in fixing discriminatory rate, validity and enforceability of con- tract. 16-455; 1913C-1386; 1918E- 458. Expediting shipment, agreement therefor as discrimination under Interstate Commerce Act. 1914A-504. Express company, right of railroad to grant exclusive facilities to. 13-1079. Measure of damages recoverable from carrier by shipper for discrimination in favor of other shipper. 1915A- 337. 6. Freight Charges and Eates. Duress, payment for release of goods as compulsory payment under duress of personalty. 1913A-1356. Excess charges paid on freight shipment, right of recovery back. 1915B-1212. Implied agreement by consignee of goods to pay freight charges. 1917C-864. Jurisdiction of state court of action to recover overcharge for freight in interstate shipment. 1913D-272. Prepayment of freight charges, requiring prepayment as unlawful discrimina- tion. 16-621. Reasonableness of rates charged by car- rier as affected by right to receive fair return on investment. 1913B- 774. matters to be considered on issue of reasonableness. 1916A-8, 56, 61; 1918E-1216. Eight of consignee to goods without pay- ment of freight where damages equal 118 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF GOODS Continued. or exceed amount of freight. 9-794; 1912D-277. Statutes relating to rates and freight shipments, effect of partial invalid- ity. 1916D-86. Undercharges on interstate shipment, lia- bility for payment as between con- signor and consignee. 1916E-378. Unreasonable freight charges, right of shipper to damages as affected by In- terstate Commerce Act. 9-1082; 11- 849. 7. Transportation and Delivery of Goods. Breach of contract of carriage, mental suffering as element of damages re- coverable. 1915D-89. Delay in transporting property intended for exhibition purposes, measure of damages. 5-827; 1918E-1057. depreciation in value of goods result- ing from delay in transportation, measure of damages. 1917D-164, 173, 180. existence of strike as excuse for non- performance of contract of carriage in absence of special stipulation. 12- 313. unusual and excessive amount of freight to be handled as excusing delay. 11- 274; 1913D-967; 1918D-143. Delivery to wrong person, liability of carrier. 5-100; 1915D-875. Deviation of route as affecting liability of carrier by land. 15-76; 1914B- 1003. variation of written contract for ship- ment of goods by parol evidence. 1913A-932. Dogs not boxed, duty and liability of carrier as to. 18-235. Failure to deliver or transport goods, quarantine regulations as defense. 17-880. Holding goods after arrival at destina- tion at request and for convenience of consignee, liabilitv of carrier. 10- 442. Method of transportation, departure from agreed method as affecting liability of carrier. 1912B-615; 1918C-1075. Reciprocal demurrage, partial invalidity of state statute attempting to reg- ulate interstate and intrastate com- merce. 1918D-1123. CARRIERS OF GOODS Continued. validity of statute, ordinance or rule providing for reciprocal demurrage. 13-964; 19-1092; 1916E-701. Refusal to receive freight for shipment, existence of strike as excuse. 17- 483. validity of statute imposing penalty for refusal to accept. 17-253. Removal of goods by consignee from premises of carrier, what constitutes reasonable time. 21-531; 191SIM114. Stoppage in transitu demanded by stranger to shipping contract, liabil- ity of carrier for failure. 13-360. under Uniform Sales Act. 1918D-411. Violation of statute in transporting goods, liability where carrier is ignorant of nature of goods. 20-1156. 8. Lien on Goods. Demurrage charges, lien of railroad com- pany for. 4-15. Deviation of route as affecting right to lien. 15-79. Goods tortiously delivered to carrier, right to lien. 3-1095. Waiver of lien by delivery to consignor's agent on promise to retain goods until payment of freight charges. 7- 961. 9. Loss or Injury of Goods. Act of God. co-operating with negligence of carrier, liability for damage caused. 3-453; 8-48, 310; 12-449; 1912D-968; 1918A-581. Damaged goods, duty of consignee to accept from carrier. 1914A-66. Fire, liability of carrier for injury or loss by fire. 5-S21. Flood or other uncontrollable event caus- ing loss of goods, burden of proof as to fault of carrier. 1914D-1115. Goods not packed or improperly packed, duty and liability of carrier as to. 18-234. Insurance by carrier against fire, effect on rights of parties. 1914C-688. Measure of damages recoverable from carrier for partial injury to personal property. 1915D-797. Misrepresentation or concealment of nature or value of goods as affecting carrier's liability.. 5-120; 1912A-369. CARRIERS OF LIVESTOCK. 119 CARRIERS OF GOODS Continued. Part only of shipment delivered to car- rier, liability for loss or injury of goods. 1913D-641. Selection of car by shipper as affecting carrier's liability for damage to goods by defect in car. 4-1144. 10. Limitation of Liability. Authority of agent shipping goods to enter into contract for limitation. 1-676; 19-806; 1913E-292; 1917E-653. Delay caused by strikes, mob violence, etc., validity and effect of stipulation limiting liability for. 1915C-1189. Deviation of route, liability therefor as affected by contract limiting liabil- ity of carrier. 15-78. Fire loss, validity and effect of stipula- tion limiting liability. 20-229. Insurer, carrier's liability as insurer / as affected by contract limitation on value of goods. 1912D-1128; 1913D- 986. Interstate Commerce Act as affecting limitation of carrier's liability for loss or injury. 1912B-672; 1915D- 612. Law governing validity of contract limit- ing common-law liability of carrier. 4-1106. Suitable car for particular shipment, duty to furnish as affected by contract limiting liability. 15-147. Valuation of goods fixed by contract and carrier's liability limited to such amount, validity. 12-1124; 18-353; 1913D-981. 11. Time for Presenting Claim or Bring- ing Suit. Claims, failure to pay within certain time, validity of statute imposing penalty. 20-1056; 1915D-824; 1916D- 335. limiting time to present, validity and effect of contract stipulation. 9-17; 14-416; 1914A-231; 1918D-817. Time to bring suit, validity and effect of contract stipulation limiting. 1913E- 868. 12. Connecting Carriers. Carmack Amendment as affecting liabil- ity of initial carrier. 1915B-80, 92; 1917C-939. CARRIERS OF GOODS Continued. Constitutionality of statutes regulating liability of connecting carriers. 1- 707. Delivery of goods to wrong person lia- bility. 1915D-879. Deviation of route as affecting liability where special routing instructions given. 15-78. Freight charges, rights of final carrier, where initial carrier has made un- authorized agreement with consignor for through rate. 5-576. Injury to goods, presumption as to which of several carriers is liable. 3-584. Inspection of cars received and duty to put in safe condition. 9-991. Limitation of liability to own line, valid- ity of stipulation in bill of lading. 7-471. Loaded car received from connecting carrier, duty of carrier to inspect manner of loading. 16-1155. State statutes prescribing duty or liabil- ity as regulation of interstate com- merce. 2-517; 9-812. Terminal or last carrier, what is, as be- tween connecting carriers. 1913E 1030. CARRIERS OF LIVE- STOCK. Action against carrier, contract limiting time to bring suit, validity end effect. 1913E-868. Agency, undisclosed principal of person shipping stock, rights as against car- rier. 1918A-826. Carmack Amendment, liability of carrier as affected by. 1915B-80; 1915D- 613; 1917C-939; 1918E-471. Cars, agreement to furnish shipper as binding contract. 12-885. suitability for particular shipment, duty of carrier to furnish. 15-144. Claims against carrier, contract stipula- tion limiting time to present, validity and effect. 9-17; 14-416; 1914A-232. failure to pay within certain time, validity of statute imposing penalty. 20-1056; 1915D-824; 1916D-335. Deviation of route as affecting liability of carrier. 15-76; 1914B-1003. 120 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF LIVESTOCK Continued. Disease contracted by animals, liability of carrier to shipper for injury caused. 21-176. Drover's pass exempting carrier from lia- bility for negligence, validity. 5- 768; 1914A-678. Escape of animal from custody during transit, liability of carrier for loss. 1912B-392. Exposure of stock to cold, liability of carrier for injury caused. 1912C- 922. Federal Twenty-eight Hour Law, validity and construction. 21-823. Hours of Service Act, carriers subject to. 1915D-456; 1918C-797. Injuries to livestock, liability of carrier. 1-158. measure of damages. 5-416; 13-1141. Interstate commerce, state statutes reg- ulating transportation as interfer- ence. 1917A-990. Limitation of liability, duty to furnish suitable ear for particular shipment as affected by contract limiting lia- bility. 15-147. right of carrier as affected by Car- mack Amendment. 1915B-86; 1918E- 471. validity of contract limiting liability of carrier for injuries resulting to animals from their natural propensi- ties. 1913D-974; 1916D-897. Loading stock improperly by shipper, lia- bility of carrier for injury to stock. 1916E-1203. Negligence on part of carrier, burden of proof. 15-35; 1913E-311. Passengers, liability as carrier of passen- gers to person riding in charge of stock or on drover's pass. 6-799; 1917E-149. Transportation of stock, departure from agreed method, effect on liability of carrier by land. 1918C-1075. CARRIERS OF PASSEN- GERS. 1. Carriers, What are. 2. Passengers, Who are, 3. Duty to Receive Persons for Carriage. 4. Condition and Management of Cars and Trains. CARRIERS OF PASSENGERS Con- tinued. A. GENERALLY. B. STOPPING CAR OR TRAIN. C. BOARDING AND ALIGHTING. D. SEPARATION OF RACES. E. STATUTORY REGULATION. 5. Tickets and Fares. A. GENERALLY. B. PAYMENT OR TENDER. C. CARRIERS' REGULATIONS. D. STATUTORY REGULATION. 6. Duties Toward Particular Persons. A. IN GENERAL. B. FREE PASSENGERS. C. PERSONS EMPLOYED ON TRAINS. 7. Particular Classes of Accidents, 8. Acts of Agents or Employees. 9. Acts of Third Persons or Passengers. 10. Expulsion from Cars. 11. Contributory Negligence. A. GENERALLY. B. BOARDING OR ALIGHTING. C. PASSENGER ON CAR oa TRAIN. 12. Limitation of Liability. 13. Sleeping-cars. 14. Baggage. 15. Stations and Premises. 16. Connecting Carriers. 17. Actions Against Carriers. 1. Carriers, What are. Elevator, proprietor as carrier. 1914B- 373. what is passenger elevator. 1915B- 1127. Ferry, liability of owner to passengers. 17-371; 1915C-1004; 1918E-1083. Jitney bus, proprietor as common carrier of passengers. 1917C-1060. state or municipal regulation of jitney buses. 1916A-1233; 1917C-1051. Livery-stable keepers, liability as car- riers. 2-344; 16-506. Scenic railway or similar contrivance, pro- prietor as carrier of passengers. 17- 410; 1917D-930. Taxicab proprietor as common carrier. 1916D-767. 2. Passengers, Who are. Employee of carrier as passenger. 13- 889; 1915B-184. CARRIERS OF PASSENGERS. 121 CARRIERS OF PASSENGERS Con- tinued. Intending passenger, when actually be- comes such. 1-605; 9-1104; 1917C- 1206. Person in charge of livestock riding on drover's pass as passenger for hire. 5-768. Railway postal clerks, constitutionality of law classifying as nonpassengers. 8-89. Termination of liability of carrier to passenger. 6-1033; 7-720; 19-1019; 1915C-1223. Who is passenger. 1-451. 3. Duty to Receive Persons for Carriage. Contagious disease, duty of carrier to carry person afflicted, with. 8-221. duty where carrier has expressly con- tracted to carry afflicted person. 11- 970. Exclusion from conveyances or premises, right of carrier to exclude person of bad character or reputation. 1913B- 1347. Feeble or infirm person, duty of carrier to receive for carriage. 11-973; 17 1056; 1916C-1166. Freight or special trains, duty to carry passengers. 5-43. 4. Condition and Management of Cars and Trains. A. GENERALLY. Animals, rule excluding from passenger conveyances, validity and enforce- ability. 1912C-1149. Announcement of stations for benefit of passengers, duty of railroad company. 2-676; 7-720; 1916B-250. Appliances purchased from manufacturer, liability of carrier with respect to. 1916E-929. Assistance to passenger, duty of carrier. 13-596. negligence of employee in assisting passenger, liability of carrier. 10- 367. Cars used but not owned by carrier, lia- bility to passenger for defects. 16- 612. Delay in transporting passenger, liability of carrier. 17-952; 1915A-1077. Destination of passenger, failure to carry passenger to destination indicated by sign on car, liability of street rail- way. 3-10SO. CARRIERS OF PASSENGERS Con- tinued. Door of car causing injury to passenger, liability of carrier. 18-1163; 1918C- 377. Flying-switch, negligence with respect to. 10-19. Ice or snow on vehicle steps, liability for failure to remove. 17-51; 1915A-767. Going from one car to another of moving train, liability of carrier to passenger for injuries received. 16-446; 1916A- 144. Heating conveyances, duty of carrier of passengers. 9-557. Insufficient employees, operating car or train as negligence on part of car- rier. 1917C-73. Biding on platform, liability of railroad for injuries received by passenger. 1914A-563. f rule prohibiting passengers riding on platform, validity and enforcement. 191SC-534. Eules and regulations, reasonableness of regulations for conduct of business as question of law or fact. 3-715. Seats, duty of carrier to provide seat for passenger. 1915A-1069. rule regulating manner of using, valid- ity. 1915D-188. Sleeping passenger, duty to awaken be- fore reaching destination. 2-676; 7 720. Straps or handholds for standing passen- gers, duty of carrier to provide. 1913C-170. Toilet-room for passengers, duty of carrier to provide. 1916A-408. B. iSroppiNG CAB OB TRAIN. Carrying passenger beyond destination, damages recoverable. 16-187; 1914A- 333. Destination not stopping station, duty of railroad to put passenger off. 6-24; 1912C-552; 1916E-1220. Failure of electric or street-car to stop at regular station, right of intend- ing passenger to damages. 1912B- 997. Flag stations, duty to stop train to re- ceive passengers. 12-1003; 18-68; 1916A-876. 'measure of damages for breach of duty to stop. 12-1003. 122 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF PASSENGERS Con- tinued. Recovery of lost property of passenger, duty of carrier to stop train for pur- pose. 1913B-559. G. BOARDING AND ALIGHTING. Care required of motorman of street-car on approaching place where another car is or has been discharging pas- sengers. 1912B-863. Change of cars, duty of carrier to give passenger notice of change and time to make change. 1917D-488. Injuries to passenger, admissibility of evidence of custom of alighting from train or car at place other than usual stopping place or depot. 1913C-1383. Prematurely starting street-car by un- authorized person, liability of com- pany, injury received by passenger while boarding or alighting from car. 21-1331. Safe place for boarding and alighting from car, duty of street railway to provide. 1-916; 9-854. Starting car before passenger is seated, liability of street railway. 1912D- 582. Steps or other appliances for boarding or alighting from cars, duty of carrier to furnish suitable. 9-4)65. Time for passengers to board or alight from trains, duty of railroad com- pany to allow. 7-760; 14-962; 1912C- 794." D. SEPARATION or RACES. Compelling passenger to ride in car de- signed for persons of another color or race, right to damages. 1913E- 520. Interstate passengers, statute requiring separation as applicable to. 1915B- 617; 1917A-983. Regulation of carrier, separating races, validity. 20-982. Statute or ordinance providing for sepa- ration of white and colored passen- gers, validity. 7-274. E. STATUTORY REGULATION. Accommodations for passengers, validity of statute making it criminal offense for carrier to fail to furnish suffi- cient. 19-70. CARRIERS OF PASSENGERS Con- tinued. Intoxicating liquor, drinking or being in- toxicated on passenger conveyance, validity of statute prohibiting. 1913B-1061. Running time of trains, power of public service commission to regulate. 1916D- 1034. Soliciting of trade or business on prem- ises, validity of statute prohibiting. 18-867. State regulation of carriers of passengers as interference with interstate com- merce. 1917A-973. Sunday train, running required by public service commission, validity of order. 1917B-1205. Train service, power of Public Service Commission to compel carrier to fur- nish particular class of service. 1917B-1160; 1917E-992. validity of regulation as to extent of service. 1917B-1217. 5. Tickets and Fares. * A. GENERALLY. Dealer, person buying and selling rail- road tickets as "dealer." 1917A-961. Discrimination between localities as to rates of fare. 18-149. Ejection of passenger, right to eject pas- senger holding ticket invalid through carrier's fault. 9-889; 1912C-730; 1914D-922. "Fare," or "rate of fare," meaning of term as used with respect to passen- ger traffic. 21-91. Injunction to prevent buying and selling of nontransferable tickets. 12-700; 1913B-475. Larceny of tickets. 1914D-649. Passes, validity and construction of agreement of railroad to give in con- sideration of conveyance of land 21-597. Place of contract, what is where passen- ger purchases railroad ticket. 1912C- 542. Reasonableness of rates charged as af- fected by carrier's right to receive fair return on investment. 1913B- 774. Refusal to transport passenger at reduced rate charged other persons of same CARRIERS OF PASSENGERS. 123 CARRIERS OF PASSENGERS Con- tinued. calling, right to recover damages. 1912A-159. Transfers, rights and duties of passenger receiving incorrect transfer. 1-392; 10-277. B. PAYMENT OR TENDER. Nonpayment of fare by sick passenger, right of carrier to eject. 1915D-145. Production of ticket or payment of fare, duty of carrier to give passenger time. 20-922. Reasonable sum for tender by passenger in payment of fare, what is. 10-642; 18-44; 1918D-182. Second payment of fare, duty of passen- ger to make to avoid ejection. 1913B-1209. Tender of fare after refusal to pay, duty of carrier to carry passenger. 10 941; 1913C-1246. Worn or mutilated money, duty of car- rier to receive in payment of fare. 1912C-642. C. CARRIER'S REGULATIONS. Coupon "void if detached," or words of like import, construction of stipula- tion in railroad ticket. 19-457. Deposit of fare in box, register or the like, validity of rule requiring pas- senger. 1912C-1290; 1918D-473. Extra fare, refusal to pay, right of rail- road company to eject passenger where sufficient opportunity to buy ticket was presented. 10-923; 1913A- 1198. right to eject where no opportunity to buy ticket was presented. 3-887. Mileage-book, condition attached to sale, reasonableness. 1914B-915. Time limit fixed by carrier for use of ticket, effect upon rights of pur- chaser. 6-119; 20-316. Transfers, rule of street railway with re- spect to use, validity. 1916D-586. D. STATUTORY REGULATION. Brokerage, validity and effect of statutes prohibiting ticket brokerage. 6-873; 8-649. Commutation rates, validity of order by public service commission regulating. 1917B-1153. CARRIERS OF PASSENGERS Con- tinued. Employees and families, meaning of 'family" as used in Interstate Com- merce Act authorizing free pass or ticket. 1916B-326. Free transportation, constitutional or statutory provisions against gift or receipt. 17-662; 1915D-559. legal meaning of "require" in statute relating to free transportation. 1912A-1238. Mileage tickets, validity of order of pub- lic service or railroad commission regulating manner of using. 1915A- 1031. Passes and tickets, partial invalidity of statutes relating to, effect. 1916D- 85. Rates per mile fixed by statute for carry- ing passengers, validity and effect -of statute. 21-191. Reduced rates to certain classes of per- sons, validity of statutes requiring. 2-420; 9-1130; 1912C-841. militia or other state or public officers, validity of statute requiring free transportation or reduced rates. 1913E-49&; 1916E-959; 1917C-92. State statute regulating tickets as inter- ference with interstate commerce. 1917A-997. Statute relating to passenger rates, effect of partial invalidity. 1916D-86. Transfers of street-cars, validity of stat- ute or ordinance prohibiting selling or giving away. 11-557. 6. Duties Toward Particular Persons. A. GENERALLY. Attendance on or visiting passenger, duty and liability of carrier to person so engaged. 10-161; 20-453; 1914D-134. Employee riding as passenger, liability of railroad for injuries caused by speed of train. 21-809. Fraudulently procured ticket or pass or one under which passenger has no right to transportation, liability of railroad to person riding on. 7-587; 20-1227; 1913E-235. Insane passenger, duty and liability of carrier with respect to. 1913D-153; 1916E-256. Intoxicated passenger, duty to protect passengers against. 8-225; 1912C- 278. 124 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF PASSENGERS Con- tinued. liability of carrier to intoxicated pas- senger. 5-72; 9-488. Mailing letter on train, duty of railroad company to person visiting station for purpose. 20-320. Public officer on train in discharge of official duties, liability of carrier. 9-1123; 21-499; 1914B-518. Riding by permission or direction of rail- road employee, liability of carrier to person wrongfully on train. 9-540; 1913E-574; 1917C-358. Sickness of passenger during transit, duty and liability of carrier. 21-10S1; 1916C-862. B. FREE PASSENGERS. Child for whom no fare is demanded, duty and liability of carrier. 9-963. Drover riding on free pass or in charge of stock, liability of carrier. 6-799; 1917E-149. Injury to free passenger, liability of car- rier. 6-669; 10-870; 1914B-1209. Passes, liability to person riding on pass. 4-1131; 12-677. C. PERSONS EMPLOYED ON TRAINS. Express messenger, duty and liability of carrier to. 12-727; 19-1207; 1913C- 836. Newsboy or news agent, liability of car- rier for injuries. 7-528. Postal clerks, duty and liability of car- rier. 6-863; 11-882. Railway mail clerk, liability of carrier for injuries. 1915A-809. 7. Particular Classes of Accidents. Aisle of car, baggage or similar articles placed by passenger in aisle, negli- gence of carrier in allowing. 1913B- 814; 1914D-168. Backing engine or train as negligence as to passenger on train. 1913D-9. Banana peel or the like, liability of car- rier for injury to passenger slipping on. 21-1144; 1916E-1087. Collision at railroad crossing liability of street railway for injury to pas- senger. 1913E-179; 1918C-47. CARRIERS OF PASSENGERS Con- tinued. fire apparatus, duty of driver of street car to avoid injury to passenger by collision. 1918A-293. Derailment of train caused by buckling of rails, liability to passenger for in- juries resulting. 1913D-211. Door of ear, injuries caused by, liability of carrier to passenger. 18-1163. Ejection of passenger, liability of carrier for injury to other passenger in course of act. 1914B-867. Emergency brakes, application causing in- jury to passenger, liability of carrier. 1915C-764. Eye of passenger injured by foreign sub- stance getting into it, liability of carrier for injury. 1913C-304. Falling object from railroad bank strik- ing train, liability of carrier for in- jury to passenger. 1912C440. Landslide, injuries to passengers caused by train running into, liability. 17- 884. Mail crane, location near railroad track as actionable negligence. 9-1002. Motorcycles, right of action by passenger on motorcycle for collision with motor truck. 1917A-225. Obstruction placed on track by third per- son, liability of carrier for injuries to passenger. 11-856. Overcrowding of car, act of carrier in permitting as constituting nuisance. 1918A-994. Parcel rack, article falling from rack, liability of carrier to passenger for injuries received. 21-323; 1915B-269. Passenger falling overboard, liability of carrier by water for his injury or death. 1917D-1038. Platform, riding on, liability of railroad for injuries received by passenger. 1-315; 10-816; 1914A-563. Window of car, liability of carrier to passenger for injuries caused by fall. 1912B-850. 8. Acts of Agents or Employees. False imprisonment, liability of common carrier for act of agent in causing. 1914B-638. excessiveness of verdict in action for false imprisonment. 1916C-511, 512, 519. CARRIERS OF PASSENGERS. 125 CARRIERS OF PASSENGERS Con- tinued. Malicious prosecution, liability of common carrier for act of agent in institut- ing. 1914R-638. Misdirection of passenger as to route, lia- bility of carrier for act of agent. 13-968. Physician or surgeon, liability of railroad company for negligence. 1912B-935. Eude or insulting language of employee, liability of carrier to passenger. 1914A-17; 1916C-1233. Scope of employment, liability of carrier to passenger for acts of servant out- side scope. 1-617; 19-618. Servant also public officer, liability of carrier for act of. 1913D-112. Sleeping or drawing-room car employees, liability of railroad for acts with re- lation to passengers. 19-1134. 9. Acts of Third Persons or Passengers. Accidental injury to passenger caused by act of other passenger, liability of carrier. 1915D-55. Arrest of passenger by officer of law, duty of carrier to protect passenger from. 12-784; 1915B-244. Assault on passenger by fellow-passenger or stranger, liability of carrier. 3- 254, 1084; 8-590; 18-773. Banana peel or the like, liability of car- rier for injury caused to passenger slipping on. 21-1144. Crowd on station platform, liability of carrier to passenger for injuries re- ceived. 1913C-574. Interference with machinery of car or train by passenger, liability of car- rier for injury caused to fellow- passenger. 1913A-1075. Intoxicated passenger, duty of carrier to protect passengers against. 8-225; 1912C-278. Larceny from or robbery of passenger by stranger, liability of carrier (other than sleeping-car company). 1918E- 582. Panic on street-car, right of passenger to damages for injuries caused. 1913D- 907. Premature starting of street-car by un- authorized person, liability of com- pany for injury to passenger received while boarding or alighting. 21-1331. CARRIERS OF PASSENGERS Con- tinuedT 10, Expulsion from Oars. Boarding train for purpose of being ex- pelled, damages recoverable by per- son. 12-489. Damages for ejection of passenger, mental suffering as element. 2-55. Gambling on train as ground for ejecting passenger. 8-222. Implied authority of brakeman to eject trespassers. 2-624; 18-892; 1914A- 598. Injury to passenger resulting from ejec- tion of other passenger, liability of carrier. 1914B-867. Noncompliance with transfer regulations, damages recoverable for expulsion. 1-393. Place where carrier may eject passenger from train. 1912C-488. Refusal to pay extra fare, right to eject passenger as dependent upon whether sufficient opportunity was presented to buy ticket or not. 3-887; 10-923; 1913A-1198. Res judicata in action for ejection of passenger, judgment in criminal pro- ceedings as. 21-1186. Sick passenger, ejection for nonpayment of fare, right to eject. 1915D-145. Wrongfully riding on ticket or pass pro- cured through fraud or otherwise, liability of carrier for ejection of traveler. 20-1228. 11. Contributory Negligence. A. GENERALLY. Care required of injured passenger with respect to injury. 21-513. Crossing intermediate track between train and station, as contributory negligence of passenger. 14-24. Ejected passenger as trespasser in walk- ing along track. 2-549. Imputability of contributory negligence, applicability of rule of imputed negli- gence to street cars and railroad trains. 5-163. Rules, failure to enforce as affecting con- tributory negligence of passenger in violation thereof. 1916E-1308. B. BOARDING OR ALIGHTING. Alighting from moving train by advice or command of carrier's servant as contributory negligence. 1-781. 126 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF PASSENGERS Con- tinued. where act is obviously dangerous, alighting as contributory negligence. 1-778; 17-1154. Boarding moving ear or train as contrib- utory negligence. 2-939. Jumping from vehicle to avoid threat- ened danger as contributory negli- gence. 16-84. Nonplatform side of train, contributory negligence of passenger alighting on. 1914C-504. C. PASSENGER ON CAB OB TRAIN. B edo;s IBO aiojaq tion as contributory negligence. 4- 750; 6-725; 1914A-636. Passing to rear of street-car across paral- lel track without looking for ap- proaching car, contributory negli- gence of passenger alighting from street-car. 6-705; 12-912; 1916E-998. Passing from one car to another of mov- ing train, liability of carrier for in- juries received by passenger. 16- 446; 1916A-144. Platform, liability of railroad for in- juries received by passenger riding on. 1914A-563. Protrusion of part of body from car, permitting as constituting contrib- utory negligence. 1-710; 8-1041; 1916C-1218. Running-board of open street-car, contrib- utory negligence of passenger in rid- ing or standing on. 4-666; 9-1025; 1914A-1172; 19170-71; 1918C-445. Standing in moving car of train as con- tributory negligence. 13-122. 12. Limitation of Inability. Circus owner and carrier, validity and effect of contract limiting 'liability of latter for injuries to employee of former. 12-1077. Contract between employer and carrier limiting liability of latter for in- juries to employees of former, valid- ity and effect. 12-1077. Drover's pass exempting carrier from lia- bility for negligence, validity of stipulation. 5-768; 1914A-678; 1916 A- 448. Free pass exempting carrier from liabil- ity for negligence, validity of stipula- tion. 4-557; 12-584; 1915C-623. CARRIERS OF PASSENGERS Con- tinued. Mail agents, validity and effect of con- tract between government and car- rier limiting liability of latter for injuries to mail agents. 12-1078. Sleeping-car employees, contract releas- ing railroad company from liability to employers, validity and enforce- ability. i2-738: 1915B-534. 13. Sleeping-cars. Awakening passenger before reaching destination, duty of sleeping-car com- pany. 7-720. Branch line, sleeping-car service, power of Public Service Commission to re- quire. 1917B-1160; 1917E-992. Employee's acts with relation to passen- gers, liability of railroad company. 19-1134. Loss of passenger's property, left by him in berth while temporarily absent therefrom, liability of sleeping-ear company. 10-895. Operation of sleeping-cars, statutory regulation. 15-415; 1914C-482. Property or effects of passenger for which sleeping-car company is liable. 14-521; 1912B-974. Protection of passenger from assault, robbery or the like, duty of sleeping- car company. 1913A.-900. Release of railroad company from liabil- ity to employees of sleeping-car com- pany on cars of latter hauled by former, validity and enforceability of contract. 12-73S; 1915B-534. 14. Baggage. Aisles, baggage or similar articles placed by passengers in aisles of cars, negli- gence of carrier in allowing. 12-887; 1913B-814; 1914D-168. Articles used for or by child, right of father to recover for loss. 761. Carriage of baggage on same train, right of passenger. 15-391. Damages for breach of contract of car- riage of baggage, mental suffering as element. 1915D-89. Delivery to carrier, sufficiency to render carrier liable. 14-912; 21-160. Drummer's samples as baggage. 6-828. CARRIERS OF PASSENGERS. 127 CARRIERS OF PASSENGERS Con- tinued. "Equipment" or "equip," meaning in stat- ute denning luggage. 1913B-200. Failure to transport to proper place, right to recover punitive damages. 11-837. Gratuitous passenger, liability of carrier with respect to baggage. 1912C-629. Hand-baegage, loss or injury, liability of carrier. J912D-1156. Limitation of liability for injury, or loss to certain amount, validity and effect of stipulation on passenger ticket. 1912B-285. Interstate Commerce Act as affect- ing contract limitation. 1912B-672; 1915D-612. ocean steamboat ticket, validity and effect of stipulation limiting liability for passenger's baggage. 9-913. schedule limiting baggage liability filed with Public Utilities Commission, validity. 1917E-673. Property belonging to another but carried as baggage, right of passenger to re- cover for loss. 13-329. not ordinarily regarded as baggage but received as such by baggage agent, liability of carrier for loss. 13-240. Safe place for delivery of baggage to passenger, duty to provide. 1916C- 1213. Street railway as carrier of passenger's effects. 9-201. Termination of carrier's liability, what is reasonable time for passenger to call for baggage after arrival so as to terminate liability. 16-712; 1915B- 634. What constitutes baggage. 21-729; 1915C- 1050. 15. Stations and Premises. Crowd on station platform, liability of carrier to passenger for injuries re- ceived. 1913C-574. Defective steps leading from platform to sidewalk, liability for injury to pas- senger alighting from street-car. 1915A-1233. Depots, erection ordered by railroad com- mission, reasonableness of order. 1914C-1171; 1918B-830. Doorway leading to place of danger, lia- bility of carrier to passenger for in- juries received. 17-462. CARRIERS OF PASSENGERS Con- tinued. Lighting station, duty of railroad. 7-969. Proximity of track to station platform, liability of railroad company to per- son injured because of. 21-1180; 1916A-139. Suction from passing train injuring pas- senger at station, liability of carrier. 1916A-142. Toilet-room for passengers, duty of carrier to provide. 1916A-408. Waiting-room at junction of two rail- roads, duty to provide and keep open. 18-211. failure to provide suitable, as imposing liability for injuries from exposure. 6-571; 1912-C-1214. refusal to permit passenger to remain after closing hours, liability of rail- road where weather is inclement. 1913A-47. Wharves, docks or piers, liability for in- jury to passenger resulting from de- fective wharf. 1916C-143. right of person meeting passenger to recover damages for injuries sus- tained. 1916C-145. 16. Connecting Carriers. State statute prescribing duty or liability as regulation of interstate commerce. 2-517. Tickets for connecting line, validity of statute requiring carrier to sell. 1913E-613. Wrongful acts or omissions of connect- ing carriers, liability of carrier sell- ing through ticket. 3-5; 1916A-493. 17. Actions Against Carriers. Action ex contractu, right of passenger to bring against carrier for personal injuries or ejection from train. 10- 462. Declarations or admissions of employee not made contemporaneously with occurrence as admissible in action by passenger against carrier. 3-624; 13- 859. Derailment of train or car as evidence of negligence on part of carrier. 12 1045; 1913E-552. Pleading, amending complaint in action against carrier of passengers for per- 128 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CARRIERS OF PASSENGERS Con- tinued. sonal injuries "by changing descrip- tion of place of injury as intro- ducing new cause of action. 1915B 219. Presumption of negligence from collision resulting in injury to passenger. 4- 10; 1917C-634. CARTMEN. Workman under carting contract as within English, Compensation Act. 1913C-33. CARTOONS. Newspaper cartoon as libel. 1917E-190. CARRYING CHARGES. See Trusts. CARTRIDGES. See Explosions and Explosives. CARRYING ON BUSINESS. Decedent's estate, carrying on business as directed by will, liability of entire estate for debts contracted. 1915C- 367. Foreign corporations, what constitutes doing business in state. 2-307; 8- 942; 11-320; 1912A-553; 1913E-1154; 1918E-1248. Meaning of term as used in statutes. 18-32. What constitutes within covenant not to carry on similar business within pre- scribed limits. 1915A-381. CARRYING SIDE LINE. Traveling salesman carrying side line as breach of contract. 19180-952. CARRYING WEAPONS. See Weapons. CARS. See Carriers; Railroads. Attachment or garnishment of cars of foreign railroad. 2-349. CAR SIGNS. Destination indicated by car sign as en- titling passenger to rely thereon. 3 1080. CAR STARTER. Fellow-servant of other railroad em- ployees. 9-789; 1912D-882. CAR WINDOWS. Fall as affecting liability of carrier to passenger. 1912B-850. CASE. Meaning of "case" as used in sens of "action" or "proceeding." 21-667. CASH. Equivalent payment as to stock subscrip- tions. 1912B-480. Wills, "cash" as including real property. 20-1288. CASHIERS. Authority to release maker, drawer, in- dorser or surety of bill or note. 6 52. Notice to .cashier as imputable to bank where he is engaged in independent acts in own interest. 6-681; 1912C- 295. Power of cashier to mortgage or lease bank property. 1912A-95, 99. CASH REGISTERS. Independent contractor, person employed in connection with repair as. 1918C- 655. CASH SALES. Waiver by seller of right to reclaim goods for breach of condition. 11- 547. CASH SURRENDER VALUE CELEBRATIONS. 129 CASH SURRENDER VALUE. Right of insured, without consent of beneficiary, to surrender or obtain loan on life insurance policy having cash surrender value. 1913D-838. CASTRATION. See Asexualization. CATTLE Continued. Larceny of cattle, sufficiency of proof with respect to description in indict- ment. 17-738. CATTLE-GUARDS. Construction by railroads, constitution- ality of statutes requiring. 3-182. CASUAL EMPLOYEE. Workmen's Compensation Act as appli- cable. 1918B-710. CASUALTY. Automobile insurance, construction of policy with respect to loss by cas- ualty. 1915A-629; 1917D-57. Excessive hours of service under fed- eral Hours of Service Act as excused by casualty. 1915D-464; 1918C-808. Lease, meaning of "casualty" in lease. 1913A-1101. CASUS OMISSUS. Statutes, interpretation so as not to recognize omission. 1913D-711. CAT BITE. Accident arising out of and in course of employment under Workmen's Com- pensation Act. 1918B-816. CATERERS. Implied warranty of fitness of food served, warranting recovery of con- sequential damages for breach. 16- 498. CATS. Legal status of cat. 1917A-391. CATTLE. Grazing on another's land, implied con- tract to pay rent for use. 1912C- 1147. Keeping cattle within municipal limits, validity of ordinance regulating. 1917E-929. Index to Notes 9 CAUSA MORTIS. See Gifts. CAUSE OF INJURY. Intervening condition as proximate cause. 1-230. CAUSES OF ACTION. See Actions and Proceedings. CAUTIOUSNESS. Opinion of witness as to cautious conduct of person, admissibility. 1913C-1077. CAVEAT EMPTOR. Application of rule as -between landlord and tenant. 1-680. Guardian's sales, applicability of doctrine. 1917E-255. Sheriff's sale, rule as precluding defenses by bidder. 18-501. Tax sales, application of doctrine. 7-920. CEASED TO BE OPER- ATED. Meaning 800. in fire insurance policy. 10 CEILING-. Fall of ceiling as affecting liability of landlord to tenant for injuries caused. 1913C-973. CELEBRATIONS. Municipal power to for celebrations. appropriate 11-976. money 130 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CELIBACY.' Presumption as to existence of celibacy. 1915C-1061. CELLARS. Burglary of cellar, sufficiency of descrip- tion in indictment. 1913D-876. Mechanic's lien, digging cellar as im- provement for which lien may exist. 1912B-6. Bight of abutting owner to construct cellar tinder sidewalk. 2-366. CEMETERIES. Bequest for purchase or care, validity. 15-606. Burial of dead, state or municipal regula- tions or restrictions, validity. 14- 1085. Crematories, state or municipal regula- tion. 1915C-807. Dedication and abandonment of land for cemetery purposes. 15-172. Deed excepting and reserving graveyard as exception or reservation. 18-800. Equitable relief against cemetery as nui- sance. 5-136; 20-794; 1917B-563. Municipal power to take cemetery prop- erty as trustee. 17-747. Partition of cemetery lot. 12-976. Privileges of cemetery, right of cemetery corporation or association to refuse to applicant. 1914B-280. Special assessment, liability of cemetery or lot therein. 1912A-1051; 1916B- 78. CENSUS. Census reports as evidence. 9-882. School census, conclusiveness of enumera- tion made by proper authorities. 1913B-1270. CERTIFICATES. See Acknowledgments; Beneficial Associa- tions; Clearing-houses; Corporations; Death Certificates; Depositions; Naturalization; Eeceivexs; Taxation. CERTIFICATES OF DEPOSIT. See Banks and Banking. Deposit in bank to depositor's credit of certificate of deposit issued by an- other bank, rights of parties. 1913D- 425. Limitation of actions against recovery of deposit, running of statute. 41146. Medium of payment by purchaser at exe- cution or other judicial sale, certifi- cate as proper medium. 1915C-998. CERTIFICATION. Proper form of certification of paper or document as true copy. 1912C-942. CERTIFIED CHECKS. Liability of drawer or indorser as ef- fected by certification of check. 11- 245. Eights of parties with respect to certi- fied check made with bid. 191 6C- 427. CERTIORARI. Contempt proceedings as reviewable by. 1914D-216. Courts-martial proceedings, review by civil courts. 17-446, 447. Disbarment proceedings, right of attorney to writ to review. 10-546; 1918B- 838. Drainage district establishment, review of jurisdictional defects. 1915C-23. Eminent domain proceedings, who en- titled to bring certiorari. 1914D- 1144. Governor's orders and acts as reviewable by writ. 3-393. Highway proceedings, who may bring writ to review. 18-667. Muncipal corporations, act of letting pub- lic contract as reviewable. 17-653. Person not party, right to have proceed- ing reviewed by certiorari. 10-861. Search-warrant proceedings as reviewable. 6-615. Taxpayer's remedy to review action of board or commission adversely affect- ing his interests. 1913C-910. CESSATION OF OPERATIONS CHARACTER. 131 CESSATION OF OPERA- TIONS. What constitutes under policy. 10-800. fire insurance CESSIONS. State lands, cession to federal govern- ment as conferring federal jurisdic- tion of crimes. 3-831. CESTUI QUE TRUST. See Trusts. CHAIN OF TITLE Record of instrument out of line of title as constructive notice. 18-13. CHAIRS. Chair as deadly weapon. 1912A-1330. CHALLENGES. See Jury. CHAMBERS. Judge sitting at chambers es court. 1913E-391. Power of court sitting at chambers to punish for contempt. 1913B-35. with respect to pleadings. 1916A-1228. CHAMBERS OF COM- MERCE. Powers and liabilities of corporation or association organized to promote busi- ness interests of community. 1917C 787. CHAMPERTY AND MAINTENANCE Continued. Champertous agreement to prosecute as defense. 19-517. Civil liability for maintenance. 9-863. Divorce contract, agreement between at- torney and husband or wife facilitat- ing procurement of divorce as cham- pertous. 1918E-905. Grantee of land held in adverse posses- sion, right to sue to recover same from adverse holder. 1915D-527. Indemnity contract against possible suits as species of maintenance. 14-559. Judgment declaring contract void as champertous as entitled to full faith and credit in another state. 1914B- 1144. Services rendered under champertous con- tract, right to recover value. 1913B- 1091. CHANCE. Distribution of parcels of land by chance as lottery. 18-568. Essential element of lottery. 1-168 12- 136. Lottery, what constitutes. 1-91. Validity of chance or quotient verdict. 16-910; 1917C-1224. CHANCERY. See Equity. CHANGE OF CARS. See Carriers of Passengers. CHANGE OF GRADE. See Streets and Highways. CHAMPERTY AND MAIN- TENANCE. Agreement by person other than attor- ney to collect, settle or compromise claim for commission, validity. 1918A- 797. Assisting poor person to prosecute or de- fend suit as maintenance. 11-69. CHANGE OF PURPOSE. See Corporations. CHANGE OF VENUE. See Venue. CHARACTER. Attorney's contract with third person to Alien, moral or intellectual qualifications procure legal business, validity. 2- 836; 17-690. as determining fitness for naturaliza- tion. 16-281. 132 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CHARACTER Continued. Assault, character of parties to civil ac- tion, admissibility of evidence. 1914B-881. Breach, of promise of marriage, character of plaintiff as admissible in evidence. 1912D-963. damages as subject to aggravation by attack on plaintiff's character. 19 1128. Carriers of passengers, bad character of person as conferring right to exclude from conveyances or premises of car- rier. 1913B-1347. Custody of child, character of custodian as consideration in determining right to custody on habeas corpus. 1914A- 751. Executor, character for morality as af- fecting right to appointment. 1913B- 1163. False imprisonment, admissibility of evi- dence of plaintiff's character in miti- gation of damages. 1914A-1021. Fraud, character or reputation of party or other person charged in civil ac- tion with fraud, admissibility of evi- dence. 8-1136. Frauds, statute of, representations con- cerning character of another, con- struction of statute requiring them to be in writing. 1-690; 12-332; 1914A-953. Good character of defendant in criminal case, failure of accused to produce evidence as matter for comment in argument of prosecution. 19-407. presumption as to good character. 1913D-407. weight of evidence. 1913E-16. Homicide, admissibility of evidence of character of deceased. 4-338; 11- 229. family of deceased, admissibility of evidence of reputation in prosecution for homicide. 18-983. good character of accused as admissible in evidence. 11-1189. Insanity, proof by general reputation. 18-935. Libel and slander, bad character of plain- tiff, nature of evidence admissible to prove. 19-986. evidence admissible as to character or reputation on issue of truth of CHARACTER Continued. charge in action for libel or slander. 1915D-893, 897. ' statement with respect to character of domestic servant as privileged. 1917A-342. Malicious prosecution, admissibility of evidence of plaintiff's character in action for. 4-839; 1916D-1167. Negative evidence, admissibility to prove character. 17-108. Penalties, character or reputation of de- fendant, admissibility in action to re- cover penalty. 1916D-1151. Personal knowledge or opinion of witness as to character of accused, admissi- bility in criminal prosecution. 12- 750. Seduction, chastity or good repute of woman in prosecution for seduction, presumption and burden of proof. 17-89; 1916A-200. Will contest, admissibility of evidence of character or reputation of person charged with fraud. 8-1138. Witness, bad character as ground for im- peaching one's own witness. 1914B- 1123. admissibility of reputation of witness at former residence to impeach or sustain his testimony. 12-395. CHARGES. See Carriers of Goods; Carriers of Live- stock; Carriers of Passengers; Public Service Corporations. CHARITIES. 1. In General. 2. Charitable Purposes and Institutions. 3. Creation and Validity. 4. Liability of Charitable Institutions. 1. In General. Appropriation in aid of charity as within constitutional provision against giv- ing or loaning of money or credit of state or municipality. 1913C-1234. Conflict of laws as to validity of testa- mentary gift to foreign charity and its administration. 20-866. Cy^ pres doctrine, general charitable in- tent essential to application. 1-541; 1912D-1170. CHARITIES. 133 CHARITIES Continued. Dissolution of eleemosynary institution, disposition of realty. 1913A-1012. False pretenses, obtaining money as charity by false representations as false pretense. 19-1131. Identification of beneficiary of charitable devise or bequest, admissibility of parol evidence. 1915B-17, 30. Inheritance tax, liability of bequests to foreign charitable corporations. 1- 239; 6-579; 8-159; 1912B-994. Intervention of state or attorney general in proceeding in interest of public charity, right of. 1913D-138. Mortmain statute, gift in violation as void or voidable. 10-1030. Oral promise to donate money to charity, validity and enforceability. 1914D- 138. Solicitation of funds for private charity, validity of statute or ordinance reg- ulating. 1917D-1133. Taxation, exemption as to charitable in- stitutions, retrospective operation. 6-^38. hospital as charity exempt from taxa- tion. 1917B-278. Trustee of charitable trust, power of cor- poration to act as. 8-1181. Witness to will making bequest to chari- table institution, competency of offi- cer or person interested in bene- ficiary. 15-794. Workman engaged in charitable employ- ment as within English Compensation Act. 1913C-31, 32. 4 2. Charitable Purposes and Institutions. Animals, gift for benefit of animals as charity. 17-139; 1915C-684; 1917B- 927. Bridges, gift for as valid charitable gift. 1914A-1218. Church, devise or bequest to church as charitable use. 4-1139; 9-1202; 1914D-451. Elks lodge or body as charitable insti- tution. 1914C-958; 1916E-786. Fire company, insurance patrol, or the like, as charitable institution. 1917C 797. Government, gift for benefit as valid charitable gift. 1914A-1219. CHAEITIES Continued. Highways, gift for as valid charitable gift. 1914A-1218. Home for persons of particular class, gift for establishment as charitable gift. 1917E-857. Hospital, gift for establishment as chari- table gift. 1912D-58; 1915D-1016. Intoxicating liquors, gift for abolition of liquor traffic as valid charitable gift. 1914A-1221. Lifeboats, gift for purchase as valid charitable gift. 1914A-1219. Masonic lodge or body as charitable in- stitution. 1912A-1187; 1918E-1043. Masses, validity of bequest for celebra- tion. 14-1025; 1915D-1122. Municipal purpose, gift for, as valid charitable gift. 1914A-1217. National debt, gift for reduction as valid charitable gift. 1914A-1219. Parks, gift for public park as valid chari- table gift. 1914A-1219. Private memorial, charitable nature of gift as affected by fact it is so in- tended. 21-1159. Public buildings, gift for as valid chari- table gift. 1914A-1218. Public purpose as distinguished from benevolent, educational or religious purpose, gift for as valid charitable gift. 1914A-1215; 1918B-1208; 1918C- 439. Public works, gift for as valid charitable gift. 1914A-1218. State debt, gift for reduction as valid charitable gift. 1914A-1219. Tomb, monument, burial lot or cemetery, validity of bequest for purchase or care. 15-606. Woman suffrage, gift for furtherance of cause as valid charitable gift. 1914A-1220. Young Men's Christian Association or Young Women's Christian Association as constituting charitable institution. 1912D-427. 3. Creation and Validity. Condition of inalienability attached to gift for charity, validity and effect. 12-816. Discretion of trustee to defeat charitable trust as affecting its validity. 21- 156. 134 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CHARITIES Continued. Inadequacy of gift to accomplish purpose of trust as affecting its validity. 1916D-487. Individuals, bequest to individual mani- fest result of which is evasion of statute limiting bequests to charity, validity. 13-1196. Institution not in existence and begin- ning of whose existence is uncertain or contingent, validity witlun rule against perpetuities of gift to char- ity. 1913A-139. "Religious purposes" or for the "good of religion," bequest in general terms as good charitable bequest. 1912C-1057; 1918C-439. Schools, bequest for support or establish- ment, of free or public schools, validity. 8-925. 4. Liability of Charitable Institutions. Mechanic's lien against charitable institu- tion, right to. 1915D-1145. Negligence of employers, liability of pri- vate charitable institution. 4-104; 11-10; 1913E-1129; 19150-586; 1916E-253; 1918E-1174. unincorporated charitable institution as within rule. 8-1111. CHARMS. Advertisement with respect to charms as scheme to defraud within statute pro- hibiting use of mails in furtherance thereof. 1914D-1244. CHARTERS Continued. Corporation, alteration of charter es re- leasing stock subscriber. 1918A-79. * expiration of charter as ground for suit by minority stockholders to wind up corporation. 1918E-426. lien on stock in favor of corporation, validity of provision in charter creat- ing lien. 3-188; 1918D-368. power of corporation to amend so as to shorten term of existence. 1914C- 657. Municipal, change in charter, when to be regarded as creating new charter in- stead of mere amendment. 191 4D- 1171. power to amend or adopt new charter, validity of statute conferring on municipality. 1913C-788. Public service corporation, relief from obligations of charter, power of mu- nicipality to grant by ordinance. 1914D-1071. Religious societies, expiration or repeal of charter, dissolution or termination of existence of society as arising from. 1918D-1056. CHARTS. Hospital chart as evidence. 1916C-78. Infringement of copyright on chart, remedy under former copyright law compared with existing law. 1912C- 566. CHARWOMAN. Workman within English Compensation Act. 1913C-31. CHARTER-PARTIES. Cancellation in charter-party, construction of. 20-587. Demise of vessel by charter-party. 5- 623; 8-496. "Near" as used in charter-party, meaning of word. 1913D-423. Written matter as controlling printed matter. 1913E-967. CHARTERS. Beneficial association, effect of amend- ment of statute on rights of mem- bers. 1915C-276. CHASTISEMENT. See Parent and Child; Schools. CHASTITY. Criminal seduction, chastity of female as element of offense. 19-444. Presumption and burden of proof as to chastity of woman in prosecution for seduction. 17-89. Solicitation of chastity, civil and criminal liability. 2-457. CHATTEL LOANS. State or municipal regulation of chattel loan brokers. 1916E-619; 1918B-408. CHATTEL MORTGAGES. 135 CHATTEL MORTGAGES. 1. In General. 2. Nature of Instrument. 3. Property Mortgaged. 4. Validity of Mortgage. 5. Filing and Recording. 6. Rights of Parties. 7. Lien. 8. Enforcement. 1. In General. Attachment, levy on mortgaged chattel, what is sufficient. 1916B-997. motion to dissolve attachment, right of defendant who has mortgaged chat- tels. 191&D-479. Bill of sale, action to have declared mort- gage, admissibility of evidence of value of property transferred. 11- 327. Bulk Sales Act as violated by execution of chattel mortgage. 12-345. False pretenses, giving chattel mortgage on property not owned by mortgagor. 14-287. Fire insurance, condition in policy against incumbrances, chattel mortgage void as to creditors as breach. 1915D- 917. giving chattel mortgage as assignment or change of interest of insured with- in prohibition of policy. 1918D-862. License tax on occupation of loaning money on chattel security, validity of statute imposing. 1914B-1197. CHATTEL MORTGAGES Continued. Goodwill as passing under chattel mort- gage of business without mention thereof. 18-434. Increase of mortgaged animals as in- cluded under chattel mortgage. 13- 100; 1917C-1173. Location of property mortgaged, necessity and sufficiency of description. 21- 1026. Stock of merchandise, additions thereto as included under mortgage. 1916D- 1215, 1228; 1918E, 743. sufficiency of description of stock in chattel mortgage. 1915D-783. 4. Validity of Mortgage. Conditional vendee making mortgage, validity and effect. 1913C-330. Failure to record as required by statute, validity of instrument as against per- son taking conveyance subsequent to actual recording. 1917A-196. who is creditor entitled to attack on ground of failure to file or renew. 1912B-1106; 1917D-1162. Future advances, validity and construc- tion of instrument given to secure. 9-1151. Precedent debt as good consideration. 1912C-79; 1917B-935. Questioning validity, right of personal representative of insolvent to assail validity. 2-712. 2. Nature of Instrument. Conditional sale or chattel mortgage, clause of contract authorizing vendor to retake and sell goods and return surplus proceeds to vendee as deter- mining. 3-639; 1912C-361. Fixtures, right of mortgagee of tenant to remove. 10-109. Instrument in form of chattel mortgage as mortgage on realty. 14-1101. Pledge as distinguished from chattel mortgage. 1912B-962. 3. Property Mortgaged. Accession to mortgaged property, right of mortgagee. 1917C-1170. Crops to be planted, validity of mort- gage or agreement to mortgage. 5- 400. 5. Filing and Recording. Acknowledgment, necessity and suffi- ciency. 1915D-304. Change of possession sufficient to dis- pense with filing, leaving property in possession of third person as consti- tuting. 1915C-605. Place of filing chattel mortgage given by more than one person.. 1913C-839. 6. Rights of Parties. Confusion of goods subject to chattel mortgage, rights where tortious or wrongful. 1913E-668. Execution sale, right of chattel mort- gagee to enjoin. 1918C-273. Implied authority of mortgagor to sell mortgaged goods. 1913D-586. 136 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CHATTEL MORTGAGES Continued. Injury or conversion of chattels by third person, right of action of mortgagor. 21-80; 1917D-554. Insecurity clause, right of mortgagee to take possession under. 1914B-1097. Junior chattel mortgagee, rights with re- spect to mortgaged property. 1916A- 864. 7. Lien, Independent action on debt secured, effect on lien. 1912A-828. Priority of lien as between livery-stable keeper and chattel mortgagee. 11- 1043; 1914B-316. Removal of property from place of record to other town or county, effect on lien. 12-947. Tender after default, effect upon security of chattel mortgage. 15-495; 1914C- 276. Waiver of lien by attachment. 4r-487; 17 957; 1916C-408. 8. Enforcement. Deficiency judgment, right to in action to foreclose. 18-1075. Foreign state to which goods have been removed by mortgagor, enforcement of chattel mortgage in. 3-109; 1914B-1252. Sale under chattel mortgage, right of mortgagee to purchase property. 1913D-412. CHATTELS. See Bailments; Chattel Mortgages; Per- sonal Property; Pledge; Sales. Character as realty or personalty, fixing by agreement. 1-312. Construction or manufacture of chattel under contract, when title passes on instalment payments. 10-141. CHAUFFEURS. See Automobiles. CHEATING. Cheating as "crime" for which witness may be impeached. 1916A-276. Imputation of cheating as actionable slander or libel. 1912C-1266. CHECK-ROOM. Liability for loss of property checked for safekeeping. 21-97. CHECKS. 1. In General. 2. Actions on Checks. 1. In General Acceptance of check by agent without authority as discharge of debt to principal. 9-1198. sufficiency to bind drawee. 11-284. Alteration of figures of check as forgery. 1912D-240. Assignment of funds of drawer, ordinary bank check as. 5-189, 939; 1913D- 418. Bank sending check to drawee bank for collection, liability of forwarding bank. 8-372; 1912B-123. Certified checks, effect of certification on liability of drawer or indorser. 11-245. forgery of certified check, liability of bank paying same. 1-632. Collection by bank by check on itself as payment. 1915C-664. Corporation, liability of person signing check as officer of corporation. 6- 1004. Death of maker before presentation for payment, effect on rights of parties. 1915A-443. Delivery, presumption arising. 1913D- 1203. False pretense, giving worthless check as. 8-1069; 14-510; 1916E-736. Forged indorsement, liability of bank paying check to true holder or payee. 1917D-1058. Gift causa mortis, gift of check as valid. 10-475. inter vivos, gift of check as valid. 1912A-330. Indorsement in blank and forwarded for collection, title to checks. 2-117. Insolvent bank receiving deposit of check drawn thereon, criminal liability of officer receiving. 1916E-592. Larceny, undelivered check as subject of. 18-138. CHECK STUBS CHILDREN. 137 CHECKS Continued. Limitation of action, part payment of debt by check as starting statute running anew. 15-372. Medium of payment at execution or other judicial sale, check as proper medium. 1915C-998. Memorandum on check as charging bank with notice. 1913B-1342. Mistake of bank in paying check, right to recover money paid. 1-632; 1912D-494. Oral order, payment or transfer of do- posit by bank upon. 6-632. Part payment by check as satisfaction of disputed claim. 16-194; 1915A-953. Presentment for payment, reasonable time when drawn on bank in same place as residence of payee. 10-1121. negligence of creditor in presenting check of third person as discharge of debtor. 5-871; 1914D-357. Eaised checks, liability of bank for pay- ing. 5-774. Stopping payment of certified check, right of drawer. 16-213; 1917A-947. ordinary check, right to stop. 1914A- 1303. telegram as sufficient direction by de- positor to stop payment. 13468. Tender by check, sufficiency. 1914B-178. Warranty of genuineness, unrestricted indorsement as constituting. 7-746. 2. Actions on Checks. Burden of proof of loss by reason of de- lay in presenting for payment. 1913A-1293. Evidence of depositor's financial standing and credit, admissibility in action for damages for wrongful dishonor. 10 988. Holder for collection, right to sue in own name. 1913B-477. Lost check, holder's right to recover amount from drawer. 14-398. Pleading, sufficiency of complaint in ac- tion on bank cheek. 1912A-184. Stub entries of checks, admissibility in evidence. 1915B-799. Wrongful dishonor of check, damages re- coverable by depositor. 7-819; 10- 899; 1913A-1001. CHECK STUBS. Admissibility in evidence. 1915B-799. CHEMISTS. Workmen's compensation, chemist as workman within English act. 1913C- 30. CHEST. Bequest of "contents," effect. 1916C- 1139. CHEWING-GUM. Food laws as covering chewing-gum. a913E-1293. CHICKEN-HOUSE. Burglary, description in indictment, suffi- ciency. 1913D-873. "Outhouse" or "out-building," term as in- eluding chicken-house. 1912D-1194. CHICKENS. Damages against owner who permits fowls to trespass on another's land. 1913C 757. Keeping chickens within municipal limits, validity of ordinance regulating. 14- 1003. CHILDREN. See Infants; Parent and Child. Adopted child as included under term "child" in statute. 1915B-786. as within designation "child" in will or deed. 18-518. Adoption statute, meaning of word "child." 15-92. Child en ventre sa mere as included in testamentary gift to children. 7- 134; 12-200; 1916E-1034. Grandchild or grandchildren as included in term child or children in statute. 1918E-1004. "Heirs," when term construed to mean children. 1914B-70. Illegitimate child as included within term "child." 1918B-249. 138 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CHILDREN Continued. Life insurance, meaning of term "chil- dren" as used to designate benefi- ciaries in policy. 15-529; 1913A-300. Wills, parol evidence as admissible to ex- plain "child" as meaning illegitimate child. 1915B-51; 1916A-415. CHILLING BIDDING. (Judicial sale, vacation of sheriff's sale on account of chilling or puffing bid- ding. 3-423. CHRISTIANITY. Christianity as part of common law. 1913E-1227; 1917D-761. CHRISTIAN SCIENCE. Religious belief as defense to criminal prosecution for failure to furnish medical attendance to another. 1913B-1221. Treatment of disease as practice of medicine. 2-904. E special regulation of Christian Science treatment of disease. 1917B-798. CHILLS. (Workmen's compensation, chill as acci- dent arising out of and in course of employment. 1918B-772, 788. CHRONIC INVALID. Excessiveness of verdict for injuries ren- dering person chronic invalid. 16-50. CHINESE. Competency of Chinaman as witness. 18- 563. Evidence admissible to show race to which person belongs. 1914A 461. CHIROPRACTIC. Chiropractic as practice of medicine. 1913C-484; 1916A-858; 1917E-1165; 1918D-961. Massage treatment of disease as practice of medicine. 1916A-861. Special regulation of chiropractic treat- ment of disease, validity. 1917B- 798. CHOSES IN ACTION. Applicability of statute against fraud- ulent conveyances. 5-370. Assignment of chose in action. 1-856. implied warranty on assignment with- out recourse. 1912A-923. Conversion, measure of damages as de- pendent on insolvency of maker. 6- 841. Creditor's bill, chose in action generally as reachable by. 1914B-956. "Wills, bequest of contents of receptacle es including chose in action. 1916C- 1139. CHURCHES. See Religious Societies. Consolidation or reunion, jurisdiction of civil court to review decision of ecclesiastical tribunal with reference to. 19-289. Devise or bequest to church as charitable use. 4-1139; 9-1202; 1914D-451. Fire insurance, "occupied" or "unoccupied" under policy conditions. 1912D-92. Intoxicating liquors, meaning of term "church" in statute prohibiting sale of liquor within specified distance from church. 9-1113; 1914D-774. Larceny from church, sufficiency of alle- gation in indictment as to ownership of property. 18-1123. Pews, transfer of church property as affecting rights of holder. 1913C- 476; 1915C-951. School or school exercises, holding in church. 1918C-589. Taxation, church buildings and grounds as exempt. 1912A-355. CIDER. Cider as intoxicating liquor. 1915D-429. C. I. F. CONTRACTS. Complete delivery of goods, what consti- tutes under contract. 1914C-217. CIGARETTES CIVIL DAMAGE ACT. 139 CIGARETTES. Importation, right of state to prohibit. 9-360. Trademark or trade name as infringed by similar name. 1915B-346. Validity of statute or ordinance forbid- ding smoking. 1912D-191. What are cigarettes. 14-934. CIRCUS. Contract limiting liability of carrier for injury to employees on circus trains, validity and effect. 12-1077. Noise arising from circus as nuisance. 1912B-428. Proprietor of circus as engaged in trade. 1916A-1199. CIGARS. Manufacturer of cigars as dealer. 1917A- 953. Tenement house, manufacture, validity of prohibitory statute. 2-782. Trademark or trade name as infringed by similar name. 1915B-346. CINDERS. Nuisance, running of statute of limita- tions against action for damages. 10-186. CINEMATOGRAPH. See Moving Pictures. CIRCUIT COURTS. Jurisdiction of federal court as affected by amount in controversy in cases of joint parties plaintiff or defendant. 5-489. CIRCUIT COURTS OF APPEAL. Jurisdiction to review question of juris- diction of circuit court. 9-387. CIRCULARS. Meaning of term "circular." 1912C-1034. CIRCUMSTANTIAL EVI- DENCE. Competency to prove for whom illegal votes were cast at election. 1912C- 522. Exclusion of every reasonable hypothesis except guilt of defendant as neces- sary to conviction on circumstantial evidence. 1913E-428. CISTERNS. Injury to trespassing children, liability of land owner. 7-200; 11-990; 1913A-1032. CITIES. See Municipal Corporations. Town or village as included within term "city." 1914B-215. CITIZENSHIP. See Aliens; Naturalization. Corporation, joint stock company or part- nership as included within term. 1917C-875. Diversity of citizenship as ground for removal of causes from state to fed- eral court. 4-455; 12-520. question as within power of state court to determine. 1912A-236. Domicile as synonymous with citizenship. 1915C-784. Intervention in federal court, citizenship of petitioner as affecting right to in- tervene. 1913D-1037. Naturalization of alien enemies. 1917C- 214; 1918C-723. [Woman, effect of marriage on citizenship. 1915B-265; 1916E-648. CITY COUNCIL. See Municipal Corporations. CITY MARSHAL. Carrying concealed weapons, exemption from statute against. 19I4A-255. CIVIL DAMAGE ACT. Criminal acts of intoxicated person, lia- bility of liquor seller. 1913A-513. 140 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CIVIL DAMAGE ACT Continued. Death by intoxication, liability of liquor seller for damages. 1-134; 1917B- 530. Excessive verdict in action for death under civil damage act, what is. 18- 1209; 1915C-460. Joinder of defendants in action under. 14-1057. Partnership, liability for illegal sale of liquor by copartner. 8-276. Proximate cause of injury, furnishing liquor as. 3-59; 13-200. Several persons contributing to intoxica- tion, liability under act. 21-394. Suicide as proximately caused by illegal sale of liquor. 8-1130. CIVIL ENGINEERS. Conclusiveness of decision under working contract. 10-575; 1913A-180. CIVIL LAW. Wills, forced or necessary heirs. 1915D- 296. revocation of will by birth of child. 1913D-1321. CIVIL RIGHTS. Barber-shop as place of public accommo- dation. 15-265. Carriers of passengers, regulation of car- rier separating races, validity. 7- 274. statute or ordinance providing for separation of white and colored pas- sengers. 20-982. Conspiracy to deprive person, sufficiency of allegations of indictment as to object and means of accomplishing. 21-44. Intoxicating liquors, validity of statute making distinction between races with respect to licensing or other- wise. 1916E-170. Public accommodations, liquor saloon as place of public accommodation under. 1918D-114B. statutes securing equal rights in places of public accommodation. 9-69; 1912B-860; 1915B-872. CIVIL EIGHTS Continued. Removal of causes, denial of civil rights as ground for removal to federal court. 5-704. Restriction on exercise of civil rights by delinquent taxpayer, validity of stat- ute imposing. 1916D-1099. Schools, separation of white and colored pupils. 13-342; 1916C-806. Theaters, applicability of Civil Rights Act in case of persons obnoxious to proprietor. 1916B-729. CIVIL SERVICE. Abolition of office as violation of civil service statute. 20-246. Constitutionality of statute. 1013B-1005. Physical examination of officers 'and em- ployees, power to compel. 1912A- 137. Veterans' preference laws, constitutional- ity and intent. 1-291; 9-1049; 1914D-725; 1918B-999. CIVIL WAR CLAIMS. Claim against federal government, attor- ney's fee for collection, validity of statute limiting amount. 1918C-869, 872; 1918E-538. CLAIM AND DELIVERY. See Replevin. CLAIMS. See Assignments; Carriers of Goods; Car- riers of Livestock; Cliamperty and Maintenance; Executors and Adminis- trators; Mechanics' Liens; Municipal Corporations; Receivers; States; Tele- graphs and Telephones; United States. Attorney's negligence in collecting claim, liability to client. 1917B-32. Community property, for what claims liable. 1913A-319. Conflicting claims to proceeds of judg- ment, right of sheriff or other officer to file bill of interpleader to deter- mine. 1913B-231. Filing claim, delivery of document to officer when not at office as constitut- ing. 18-250. CLAIMS DUE CLERKS. 141 CLAIMS Continued. Interest on claim, liability of state. 1914A-363. Internal revenue refund, time for present- ing claim. 1916A-295. Meaning of "claim" as used in statutes. 9 1113; 20-1121. Receivers, maturity of claim after ap- pointment of receiver as affecting provability against assets of receiver- ship. 1913D-1184. Stale claim, enforcement in equity. 1914B-314. Tort claims as within statute relating to presentment of "claim" against mu- nicipality. 19-1113. United States, statute prohibiting assign- ment of claims against, scope and construction. 20-1119. attorney's fee for collection of claim against federal government, validity and construction of statute limiting amount. 1918C-863, 872; 1918E-538. CLAIMS DUE. Legal meaning of term. 1918E-787. CLASS. Label and slander, defamation of class of persons, right of one of class to sue. 8-135; 14-329; 1915C-352. Wills, class of beneficiaries inaccurately enumerated, construction. 15-45. gift to class as including persons dead before making of will. 5-243; 1918D- 953. CLASSIFICATION. Differences in population as basis for classification, validity of statute. 15- 856. Occupations, classification for taxing pur- poses. 15-987; 1918E-110. School districts, validity of statute classi- fying. 1913E-1331. Taxation, municipalities classified accord- ing to differences in population, validity of taxing statute. 15-860. subjects of taxation, classification as affected by constitutional requirement of uniformity. 1-638. CLASS LEGISLATION. See Constitutional Law. CLEARANCE PAPERS. Payment made under duress to enable ship to obtain clearance papers. 1913A-1354. CLEARING-HOUSES. Accounts, adjustment and return of re- pudiated items. 1914C-522; 1917 A- 350. Certificates and due bills. 1914C-516. Collection through clearing-house. 1914C- 519. Deposit to secure balances. 1914C-517. Indorsement for clearance. 1914C-521. Insolvency of member, effect. 1914C-526. Nonmember clearing through member. 1914C-519. Origin and growth. 1914C-512. Rules and usages. 1914C-514. Status and methods. 1914C-513. CLEARING LAND. Dower land, right of widow to cut trees for cultivation purposes. 20-975. Independent contractors as tested by character of employment in clearing land. 19-22. Waste, changing character of land as waste. 1918D-543. CLERGYMEN. Libel or slander, imputation on clergyman as. 20-718. pulpit statement as privileged within law of slander. 1913A-340. utterance of clergyman or other repre- sentative of religious organization (other than statement from pulpit), as actionable. 1918C-780. Witness, privileged character of com- munications made to minister of gospel. 7-109; 19-644. CLERKS. Clerk of municipality es municipal officer. 1914D-1231. 142 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CLERKS OF COURT. Bail in criminal cases, power to take. 6-951. Default judgment entered by clerk with- out required order of court as void or voidable. 16-1211. right of mandamus to compel entry. 1913B-344. Fees, personal liability of attorney for clerk's f,ees. 1917B-521. Verdict, right of clerk to receive in absence of trial judge. 16-90. CLOSED SEASON. See Fish and Game. CLOSETS. Out-of-door closets or privies, validity of statute or ordinance regulating. 1916D-212. CLOSING HOURS. Validity of statute or ordinance requir- ing place of business (other than liquor saloon) to close at certain hour. 1915A-1097; 1918D-200. CLOTHING Continued. Parent's liability for purchase by minor child. 1913A-967. Second-hand clothes, state or municipal regulation of use or sale. 1917C- 1068. Tenement house manufacture, regulation of. 1-747. Trademark or trade name of wearing ap- parel as infringed by similar name. 1915B-349. CLOUD ON TITLE. See Quieting Title. Injunction against execution sale to pre- vent cloud on title, right to. 1918C- 172, 324, 330, 332. CLUBS. See Societies and Clubs. Club as deadly weapon. 1912A-1330. COACHMAKERS. Coachmaker as engaged in trade. 1916A- 1199. CLOSING SCHOOL. Teacher's compensation, right to make reduction upon closing of school. 1914D-142. CLOTH. Trademark or trade name as infringed by similar name. 1915B-346. CLOTHING. Admissibility in evidence to establish identity of dead body. 1918C-702. Contracts to make and deliver as within statute of frauds. 19-1305. Employee stopping work to obtain clothes as affecting relation of master and servant. 1918A-1196. Exemption of "wearing apparel," meaning of term in statute. 15-159. Homicide, clothes worn by victim, time of killing, admissjbility in evidence. 1912B-775. COAL. Burning soft coal as nuisance. 12-846; 1912B-1036. Cars for transportation, duty of carrier to furnish adequate number to meet demands of traffic. 1914C-1261. Coal mine, yard or the like as nuisance. 1915D-841. Mining lease, covenant for diligent prose- cution of work. 20-1166. Trademark or trade name as infringed by similar name. 1915B-334. Weighing, etc., validity of statutes reg- ulating. 11-74. COAL DEALERS. Negligence in use of coal-hole in side- walk in delivering coal to occupant of premises, liability for. 19-470. Railroad company, power to conduct busi- ness as coal merchant. 4-911. Trade, coal dealer as en 1199. in. 1916A- COAL-HOLESCOLD WEATHER. COAL-HOLES. Injury to pedestrian from coal-hole in sidewalk, legal liability for. 19-466; 1917D-494. COAL MINES. Safety regulations, constitutionality of statutes. 2-781. Workmen's compensation, injury in mine as accident arising out of and in course of employment. 1913C-8, 14, 15, 20, 21. COAL OIL. See Oil. COASTING. Injury occasioned by coasting on public streets, liability of city. 1-960. C. 0. D. Delivery to purchaser as arising where goods ordered shipped C. O. D. are delivered to carrier. 20-1036; 1916A- 1049. Goods shipped C. O. D., rights and liabil- ities as between carrier and con- signee. 1916B-1220. Intoxicating liquors shipped C. O. D., place of sale. 13-828; 1912D-983. CODES. Adoption of code as impliedly repealing statutes. 5-202. CODICILS. Physical attachment of codicil to will, necessity in order to be effective. 14-472. Eeference by testator to his will as in- eluding codicil. 8-429. Revocation of codicil, effect on will. 1915A-102. COERCION Continued. Jury, what amounts to coercion by court into agreeing on verdict. 11-1131; 1912D-440; 1915D-668. Threats to strike as unlawful act. 3-974. Torture of accused to induce confession as affecting admissibility of state- ments. 1912B-1056; 1915C-135. COHABITATION. Common-law marriage arising from co- habitation, necessity for validation. 1915C-1018. Condonation of causes for divorce as aris- ing from cohabitation. 1912-C-13; 1918A-654. Continuance of cohabitation after re- moval of impediment as affecting status under void marriage. 6-484; 1913D-544. Foreign marriage, cohabitation under as bigamy. 5-968; 19-569; 1917C-1141. Remarriage within prescribed time after divorce, effect of cohabitation there- under. 1918E-559. Triennial cohabitation, rule as applied to determination of question of im- potency in divorce application. 1913A-132. What constitutes cohabitation in fornica- tion and adultery. 19-655. Witnesses, effect of cohabitation upon competency of parties as witnesses against one another. 6-1021. COINS. Larceny, necessity for allegation, of value in indictment. 2-858. COLD STORAGE. Food, cold storage of food. 1916A-534; 1916B-703; 1918C-895. Municipal power to maintain cold stor- age plant. 1918D-911. COERCION. Employer, levying fine against- him for employing nonunion men as coercion. 6-851. COLD WEATHER. Exposure of livestock as affecting lia- bility of carrier for injury. 1912C- 922. 144 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. COLLAPSE OF BUILDING. Liability of owner for injuries caused. 18-5; 1917A-478. COLLAR-BONE. Inadequacy of verdict for injury. 402. 1916B- COLLATERAL AGREE- MENTS. Bill of sale, parol evidence of oral agree- ment to modify or explain. 19-544. Collateral contract entered into by monopoly or corporate trust, validity and enforceability. 8-892; 1912 A- 1027; 1916A-122. Condition of mortgage loan, enforceabil- ity after payment of mortgage. 1914B-442. COLLATERAL ATTACK. See Judgments and Decrees. Attachment levy as subject. 1913C-146. Bankruptcy discharge as subject to in state court. 18-601. Divorce, collateral attack on domestic decree. 1915B-430. Drainage district, establishment as sub- ject. 1915C-26, 40. Eminent domain proceeding as subject to. 1916C-40. Forfeiture of special franchise of corpo- ration, necessity of direct proceeding. 1916B-179. Lease made by state, validity as subject to collateral attack. 1912B-91. Letters testamentary and of administra- tion, decree granting as subject to collateral attack. 4-1117; 1912A-983. Municipal organization, collateral attack on legality. 3-242; 11-1060; 1913A- 592. Public administrator, appointment as sub- ject to collateral attack. 1918B-1070. COLLATERAL INHERITANCE TAX. See Inheritance Tax. COLLATERAL SECURITY. See Pledge. Conditional sales as affected by taking collateral security. 16-216. Corporate stock held as collateral secur- ity, liability of holder for corpora- tion debts or calls. 10-783; 21-108; 1916C-567. Limitation statute as started running anew by giving check, bill or note as collateral security. 15-332. Release of collateral security by composi- tion with creditors. 1914A-841. Surety as discharged by negligence of creditor in enforcing collateral secur- ity. 1912D-115; 1915C-371. Surrender of negotiable paper given as security as condition to recovery on original obligation. 20-857. COLLECTION AGENTS. Delegation of authority by collection agent. 1915D-12, 19, 30. COLLECTIONS. See Banks; Bills and Notes; Checks; Taxation. Agreement by person other than attorney to collect, settle or compromise claim for commission, validity. 1918A-797. Assignment of debt or claim for purpose of collection in another jurisdiction, validity of statute forbidding. 1916D-870. Attorney, liability to client for negli- gence or breach of duty in collection of claims. 1917B-32. t extension of time of payment, power of attorney leaving claim for collection. 1913B-1295. Clearing-house, collection by. 1914C-517. Traveling salesman, authority as to col- lection of accounts. 7-650; 14-858. COLLECTORS. Tax collector as municipal officer. 1914D- 1231. COLLEGES AND UNIVER- SITIES. Appropriation in aid of educational in- stitution as within constitutional pro- COLLISION COLOR OF TITLE. 145 'COLLEGES AND UNIVERSITIES Con- tinued. vision against giving or loaning of money or credit of state or munici- pality. 1913C-1234. Fraternities as exempt from taxation. 1918E-278. Incidental fees, right to exact from students. 1914B-405. Municipal power to take property aa trustee. 17-747. Secret societies among students, validity of statutory or other prohibition. 1916E-527. Statutes relating to, effect of partial in- validity. 1916D-87. Tuition fee, recovery on expulsion or withdrawal of student. 1915D-313. COLLISION. See Carriers of Passengers; Fire Depart- ment; Motorcycles; Railroads; Street Railways. Admiralty jurisdiction of collisions. 13- 1221. Contribution for damages to third party, admiralty jurisdiction of suit. 20 1236. Death by wrongful act, liability of both vessel owners. 1-491. Insurance, meaning of term "collision" in automobile or marine policy. 1914B- 848. Limitation of vessel owner's liability for collision. 1913D-1224. Loss of use of vessel resulting from col- lision without total loss, right to re- cover damages. 1917B-999. Negligence of vessel, failure to hear fog signals as evidence. 13-449; 18-528. "Peril of sea," collision as within marine insurance policy. 1912D-1040. Total loss of vessel by collision, prospec- tive profits as element of recovery. 6-121. Tow, liability for collision with another vessel. 19-301; 1915D-588. COLLUSION. Attorney, lien as affected by collusive settlement after verdict. 1913E-646. Index to Notes 10 COLLUSION Continued. Collusive suit, power of amicus curiae to inform court. 1915A-195. Executor and debtor, collusion as con- ferring right of action on distrib- utees to sue for assets of estate. 4- 194. COLOR. Use as infringement of trademark or un- fair competition. 18-1034. COLORED PERSONS. See Negroes; Races. Carriers of passengers, applicability of statute requiring separation to inter- state passengers. 1915B-617. regulation of carrier for separation of races, validity. 20-982. statute or ordinance providing for sepa- ration of white and colored passen- gers, validity. 7-8, 274. "Colored," meaning of term as applied to person. 1912D-457. Evidence admissible to show race to which person belongs. 1914A 461. Master and servant, color or race of em- ployee as affecting his competency. 1912C-96. Passenger compelled to r^de in car de- signed for persons of another color or race, right to damages. 1912B- 969. Prejudice against race or color of party to action as disqualifying juror. 1912B-969; 1917C-1167. Sale of realty to colored person, right to enjoin owner from selling or offering to sell. 1914B-826. Schools, separation of white and colored pupils for purposes of education. 13- 342; 1916C-806. COLOR OF TITLE. Award by arbitrators as color of title to realty. 1915A-959. Condemnation proceedings as furnis'hing color of title to land claimed by ad- verse possession. 19-^02; 1915D-299. Deed or contract of married woman in- valid for defective acknowledgment or want of acknowledgment, opera- 146 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COLOR OF TITIiE Continued. tion as color of title. 1918E-636, 653. Fraudulent deed as color of title. 1915D- 137. Tax deed valid on face, validity of title acquired by possession thereunder for period of statute of limitations pro- tecting tax titles. 16-1144. Trespass, right of one in actual posses- sion of land tinder color of title to maintain action against mere tres- passer. 4-190; 1915t>-37. Unrecorded deed, sufficiency as color of title. 1-761. COLUMNS. Building restriction against erection less than certain distance from front line of premises as applicable to columns. 1914A-11. COMBINATIONS. See Conspiracy; Labor Combinations; Monopolies. Bidders at tax sale, validity of combina- tion. 1913D-962. COMITY. See Conflict of Laws. COMMERCE. See Interstate Commerce. Insurance company as engaged in trade or commerce. 1913B-979. COMMERCIAL AGENT. Foreign commercial agent, jurisdiction of action against. 19-915. COMMERCIAL PAPER. See Bills and Notes. COMMERCIAL RAIL- ROADS. Street railways as distinguished from. 4 449; 1913C-57&. COMMERCIAL TRAVELERS. See Traveling Salesmen. COMMISSION AGENTS. See Agency; Brokers; Factors. COMMISSIONERS. Fees, personal liability of attorney. 1917B-524. COMMISSION GOVERN- MENT. Commission form of municipal govern- ment. 1917C-1103, 1125, 1132. Commissioner as municipal officer. 1914D- 1231. Bight of municipality to adopt. 1912C- 999; 1915A-1217. COMMISSION MER- CHANTS. State or municipal regulation, validity. 1917B-631. COMMISSIONS. See Agency; Attorneys; Brokers; Cham- perty and Maintenance; Factors; In- surance; Sheriffs and Constables. Bond sales by municipality, payment of commissions as within statutory pro- hibition against sale for less than par. 1913E-86. Sales on commission, breach of contract as entitling to recovery of profits as damages. 6-976; 10-654. COMMITMENT. Inebriate, compulsory commitment to asylum or other institution for treat- ment, validity of statute providing for. 15-964; 1917E-359. Insane persons, due process of law in commitment. 1-733; 13-877; 1913C- 323. Warrant of commitment, legality or reg- ularity as reviewable by habeas cor- pus. 11-1056. COMMITTEES. See Legislature. Hearing of charges against public officer, power of body having authority to remove to appoint committee to con- duct hearing. 1916C-1273. COMMODITY COMPARISON. 147 COMMODITY. Legal meaning of term. 1916D-986. COMMON CARRIERS. See Carriers. COMMON DISASTER. Survivorship, presumption of. 14-716; 1913A-871. validity of provision in will relating to survivorship. 1918D-842. COMMON GAMBLER. Who is "common gambler." 1913A-773. COMMON LAW. law. Christianity as part of common 1913E-1227; 1918A-971. Court rule in contravention, validity. 19 801. Crimes, adoption of common law in rela- tion to. 1913E-1249; 1918A-990. Sunday labor or amusement as offense at common law. 1918B-387. Extent of adoption. 1913E-1232; 1918A- 981. Federal Employers' Liability Act as superseding common law on same subject. 1915B-493. election between act and common-law right of action. 1917A-1270. Foreign states, presumption as to exist- ence in absence of pleading and proof. 2-807. Marriage, validity of common-law mar- riage in American jurisdictions. 1912I>-597; 1917E-252. Indian marriages, validity as common- law marriage. 1918E-380. Similarity in different states, presumption as to. 1-460. Unlawful combinations in restraint of trade at common law. 1914A-430. What the common law includes. 1913E- 1222; 1918A-9B8. COMMON REPORT. See Reputation. COMMUNISM. Communistic society or corporation as contrary to public policy. 11-236; 1917A-463. COMMUNITY PROPERTY. Debts or claims for which, it is liable. 1913A-319. Inheritance tax, community property es subject to. 1913I>-496. Injunction against execution sale of com- munity property. 1918.0-202. Purchaser of community property as bona fide purchaser. 1918C-469. Putative wife, property rights. 1913A- 237. COMMUTATION. Homestead entry. See Exemptions. Occupation taxes. See Licenses. Passenger rates. See Tickets and Fares. Sentence. See Sentence and Punishment. COMPANY. Word as importing corporation, in law. 1912A-969. COMPARATIVE NEGLI- GENCE. Comparison of negligence under federal Employers' Liability Act. 1914C-175. Jurisdictions in which doctrine is recog- nized. 3-48; 19-1143. COMPARISON. Existence of similarity in order to make comparison of properties as to their value as question for court. 1913D- 582. Handwriting, facsimile signatures, proof by comparison. 1912B-417. mark as provable in evidence by com- parison. 19-504. papers in record as standards for com- parison of handwriting. 9-451. probative effect on issue of genuineness of similarities or dissimilarities in manner of writing words or letters. 1913B-1317. Typewriting, admissibility of specimen for purpose of comparison with dis- puted typewriting. 1914C-201. 148 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COMPATIBLE OFFICES. See Public Officers. COMPENSATION. See Agency; Amicus Curiae; Animals; Arbitration and Award; Architects; Attorneys; Brokers; Buildings; Com- missions; Contracts; Corporations; Detectives; Eminent Domain; Execu- tors and Administrators; Fees; Hus- band and Wife; Improvements; Part- nership; Physicians and Surgeons; Public Officers; Public Utilities; Re- ceivers; . Salaries; Schools; Sheriffs and Constables; Streets and High- ways; Suretyship; Tenants in Com- mon; Trusts; Wages; Witnesses; Workmen's Compensation. COMPETENT. Meaning as used in contract for services of theatrical performer. 1914B-8. COMPETING LINE. Competing line of railroad. 1913A-638. COMPETITION. See Monopolies; Municipal Corporations; Partnership; Railroads. COMPLAINT. See Pleading. COMPLETED. Railroads, meaning of "complete" or "completed." 1916D-1232. COMPLICATION OF IN- JURIES. What is excessive verdict. 1913A-1383. COMPOSITION WITH CREDITORS. Bankruptcy discharge arising from con- firmation of composition by creditor as subject to collateral attack in state court. 18-603. Concealment of facts as avoiding com- position. 1914A-843. COMPOSITION WITH CREDITORS Continued. Construction of agreement with credi- tors and effect of fraud thereon. 1914A-836. Debts discharged thereby. 1914A-838. Fraud, effect on agreement. 1914A-843. Good faith incumbent on parties to com- position with creditors. 1914A-843. Note or other security given as secret preference, validity. 16-1072. Preference as avoiding composition. 1914A-845. Release of collateral security or of surety as avoiding composition. 1914A-841. Secret agreement as avoiding composi- tion. 1914A-845. COMPOUNDING OF- FENSES. Actual commission of offense charged to have been compounded, necessity of alleging and proving in criminal and civil cases. 9-565. Conveyance in consideration for com- pounding felony, right to rescission. 1913A-522. Parol evidence, admissibility to show illegality of contract. 16-391. Stolen property, validity of contract to procure compensation for. 7-1010; 1914A-519. Validity of contract to secure existing in- debtedness between parties made in consideration of agreement not to prosecute criminally. 15-310. COMPROMISE AND SETTLEMENT. See Accord and Satisfaction; Release and Discharge. Agreement by person other than attorney to compromise or settle claim for commission, validity. 1918A-797. Annulment of compromise, mistake of law as ground. 1916D-347. Attorney compromising action against client's directions, right to compensa- tion. 1913D-410. contingent fee, right of attorney as affected by settlement between client and adversary. 18-1115. COMPULSORY EDUCATION CONCEALMENT. 149 COMPROMISE AND SETTLEMENT Continued. making compromise without authority, liability to client. 1917B-14. right to compromise client's cause of action. 21-577; 1915B-832. Child's cause of action, right of parent or person in loco parentis to com- promise. 17-608. Client's collusive settlement after verdict, effect on attorney's lien. 1913E-646. settlement of litigation without consent of attorney, validity of stipulation in contract of employment prohibit- ing. 13-444; 1913D-306. Concealment of facts as avoiding com- promise and settlement. 16-935. Criminal conversation, legality of con- tract effecting compromise of action. 1913A-705. Decedent's estate, settlement of claim in favor of deceased by sole distributee, binding effect upon administrator. 1913B-228. Employers' liability insurance, validity and construction of provision in con- tract giving insurer control of settle- ment. 1918C-405. compromise of claim where insurer fails to defend as entitling insured to costs and counsel fees incurred. 1913E-115. Illegal contract, enforceability of agree- ment compromising. 11-612. Limitation of action against action by attorney for services, running of statute as affected by client's com- promise of suit without attorney's knowledge. 1913A-419. Malicious prosecution, compromise of pro- ceeding as termination sufficient to support action for malicious prosecu- tion. 7-454; 1915D-1250. Municipality, right to compromise dis- puted claim. 18-1031. Offer of compromise, admissibility of statement of fact made in connec- tion. 1918E-439, 456. Seduction action as barred by judgment or settlement in bastardy proceeding. 1918D-669. Subscription for corporate stock, compro- mise of indebtedness therefor as affecting right? of corporate credi- tors. 1912B-493. COMPROMISE AND SETTLEMENT ConTinued. Tax, right of public authorities to com- promise. 1912A-754. Will controversy, necessary parties to compromise. 1913B-615. validity of contract to refrain from contesting will. 15-303; 1914D-512. COMPULSORY EDUCATION. See Schools. COMPULSORY MILITARY SER- VICE. See Army and Navy. COMPULSORY VACCINATION. See Schools. COMPUTATION OF TIME. See Time. CONCEALED DEFECTS. Leased premises, duty of landlord to in- form tenant. 1-676; 12-512. CONCEALED WEAPONS. . See Weapons. CONCEALMENT. Bankruptcy, concealment of assets as af- fecting right of collateral attack in state court on discharge in bank- ruptcy. 18-603. Carriers of goods, concealment of nature or value of goods delivered to carrier as affecting latter's liability for loss or injury. 5-120; 1912A-369. Composition with creditors as avoided by concealment of facts. 1914A-843. Compromise and settlement as avoided by suppression of facts. 16-935. Deed, grantee's concealment of condition or value of property as ground for cancellation by grantor. 1912A-407. Fidelity insurance, failure of employer to notify surety on fidelity bond of de- linquency of employee as affecting discharge of surety. 11-1033; 1912D- 1286. Limitation of action, running of statute as affected by concealment in case of death by wrongful act. 17-520. 150 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONCEALMENT Continued. decedent's estate; concealment of facts as affecting running of statute against right to attack distribution. 1918D- 316. malpractice, concealment by physician as .suspending running of statute against action. 1914B-908. Sales, fraudulent concealment of defects in articles, liability of seller for in- jury caused to stranger by defect. 5-128. Unchastity or prior marriage, conceal- ment as ground for divorce or annul- ment of marriage. 1914C-1291. CONCEPTION. (Advertising prevention, prohibitory stat- utes. 191CA-909. CONCESSIONARIES. [Amusement devices, liability for unsafe or defective appliances. 1917D-933. CONCRETE TANKS. Independent contractor, person contract- ing to build concrete tanks. 1918C- 655. CONCUBINE. See Mistress. CONCURRENT. (Meaning of term in insurance policy. 5- 755. CONCURRENT JURISDIC- TION. Discretion of court as to taking juris- diction of cause also triable in an- other jurisdiction. 3-1153. Prohibition to restrain court from inter- fering with or entertaining suit where court of concurrent jurisdic- tion has assumed cognizance. 14- 206. (Right to control action between two courts of concurrent jurisdiction. 1- 409; 1912A-150; 1915B-1117. Gtates, concurrent jurisdiction over boundary waters. 16-1115; 1914D- 190. CONCURRENT NEGLI- GENCE. See Negligence. Eule respecting under last clear chance doctrine. 1912B-890. CONCURRING VERDICTS. See Verdicts. CONCUSSION. Injury to property resulting from blast- ing. 2-201; 19-787; 1916C-1176. CONDEMNATION OF LAND. See Eminent Domain, CONDITIONAL ACCEPTANCE. See Bills and Notes. CONDITIONAL CONDEM- NATION. Conditional condemnation under power of eminent domain. 1917C-631. CONDITIONAL DELIVERY. See Bills and Notes. CONDITIONAL ESTATES. Words merely declaratory of purpose or consideration of conveyance or de- vise as creating. 3-38; 12-227; 1916B-606. CONDITIONAL PARDONS. See Pardons. CONDITIONAL PLEA OF GUILTY. See Criminal Law. CONDITIONAL SALES. See Sales. CONDITIONAL SIGNING. See Suretyship. CONDITIONS. See Auctions; Bonds; Deeds; Fire Insur- ance; Gifts; Insurance; Statutes; Subscriptions; Tickets and Fares; Wills. CONDITIONS PRECEDENT CONFESSIONS. 151 CONDITIONS PRECEDENT. See Actions; Bail and Recognizance; Wills. CONDITIONS SUBSEQUENT. See Wills. CONFECTIONERY. Food within meaning of pure food laws. 1913E-1293. Trademark or trade name as infringed by similar name. 1915B-337. CONDONATION. See Criminal Conversation; Divorce. CONDUCT. See Estoppel. Assault, defendant's conduct either im- mediately preceding or following as- sault, admissibility in evidence in civil action. 1914A-959. Civil service employee, constitutionality of statutes regulating conduct. 1913B-1012. Divorce, conduct of husband's relatives as justification for wife's leaving marital home. 1914B-633. Dying declaration indicated by acts or signs instead of words as affecting admissibility. 1912B-231. False imprisonment, admissibility of evi- dence of conduct, and character of plaintiff in mitigation of damages. 1914A-1021. General conduct under proven circum- stances, admissibility of evidence to show conduct of same kind under similar circumstances on particular occasion. 1913D-1256. Official conduct, mandamus to compel per- formance of general course of con- duct. 4-198; 20-220. Opinion evidence as to whether conduct of certain person was careless, reck- less or negligent, admissibility. 1913C-1077. CONDUCTION. See Electricity. CONDUCTORS. Authority to remove trespassers from trains. 1-776. Ejection of passenger holding invalid ticket, right of conductor. 9-889. Fellow-servant of train crew, railway conductor as. 3-919. CONFEDERATE NOTES. Payment at judicial sale, confederate note as proper medium. 1915C-999. CONFESSION OF JUDGMENT. See Judgments. CONFESSIONS. See Admissions and Declarations. Accused tied, chained, shackled or incar- cerated in dark cell as affecting ad- missibility. 1912B-1056. Argument relative to admissibility, neces- sity for exclusion of jury. 20-1142. Blood stains, statements of accused re- lating to, admissibility. 15-817. Codefendants, admissibility in evidence of confession of defendant against himself and codefendant. 4-918; 18- 274. Compromise of criminal charge offered by accused and admissions in connection, admissibility in evidence. 16-458. Conviction as sustainable on extrajudi- cial confession without corroborative evidence. 10-913; 1912B-1249. Coroner's inquest, admissibility in crimi- nal prosecution of evidence given by defendant as in nature of confession. 3-517; 12-161. Corpus delicti, proof of as essential to admissibility of confession. 1-823. Corroboration of accomplice, confession of defendant as sufficient. 1916C-570. Divorce action, weight of uncorroborated confessions. 1913B-5. Fraud or trick in obtaining, admissibility of confession in evidence. 15-274; 1916D-966. Inducement by exhortation to tell truth, or by appeal to religious, moral or superstitious sentiment as affecting admissibility. 1913B-303. Infant, admissibility and effect of confes- sion. 1912C-1062. 152 INDEX TO THE NOTES, 1 ANN. CAS. TQ ANN. CAS. 1918E. CONFESSIONS Continued. ' Insanity of accused at time of alleged confession, right to show. 16-1086. Intoxication es affecting admissibility. 1916C-1168. Involuntary or improper confession, ad- missibility to impeach defendant in criminal case. 17-872. Language other than that in which it was made, admissibility of confession offered. 1912B-301. Memory of oral statements as effecting weight of testimony based on con- fession. 18-1197. Part of confession, admissibility in evi- dence. 9-347. Plea of guilty on preliminary examina- tion or prior trial as admissible in criminal prosecution. 5-719; 1914A- 1053. Rebuttal of confession, admissibility of evidence. 16-791. Sleeping person, admissibility in evidence of confession made while asleep. 1914C-561. Statements made by defendant before grand jury, admissibility in evidence in criminal action. 9-1215. Sweating of person under arrest to extort information, validity of statute pro- hibiting admission in evidence. 1915C- 135. Third person's confession, admissibility in criminal case. 1913E-722. Undenied accusation of crime as implied confession admissible in evidence. 4-1042 12-875. Voluntary character, evidence as to, right of accused to introduce before admis- sion of confession in evidence. 15- 185. CONFIDENCE GAME. What is confidence game. 1912A-758; 1916A-734. CONFIDENTIAL RELA- TIONS. See Fiduciaries. Constructive trust arising out of oral agreement under influence of con- fidential relations. 2-777. CONFIDENTIAL RELATIONS Con- tinued. Existence as ground for setting aside trust during life of creator for fraud or undue influence. 1918C-845. CONFINED TO HOUSE. Meaning of term, or similar phrase in accident or health insurance policy. 18-1111; 1915A-262; 1918C-531. CONFIRMATION. Appointments to public office, necessity of confirmation. 17-1011. CONFLICT OF LAWS. See Foreign Laws. Acknowledgment before woman notary, validity in foreign jurisdiction. 1914C-204. Adoption, inheritance by adopted child, what law governs. 16-779; 1916B- 94; 1918B-1028. Arbitration contract, validity as deter- minable by law of forum. 1915C- 854; 1918E-494. Assignment of debt or claim for collec- tion in another jurisdiction, validity of statute forbidding. 1916D-870. Baggage liability of carrier limited to certain amount, validity and effect of stipulation on passenger ticket. 1912B-286. Bankruptcy as affecting owner's title to property in foreign country. 21- 1040. effect of national act on state insol- vency law with respect to who may be adjudged bankrupt.' 1913E-957. Bills and notes, attorney's fee, validity of stipulation in promissory note. 1917D-365. damages recoverable by holder 'of dis- honored bill of exchange. 1913A- 813. liability of drawer or indorser as de- pendent upon presentment, protest or notice, law governing. 12-455. married woman's liability as accommo- dation ( maker and indorser. 20-618. negotiability of promissory note, what law determines. 1912D-12. olace of execution of bill or note. 1915D-1135. CONFLICT OF LAWS. 153 CONFLICT OF LAWS Continued. transfer of commercial paper, conflict of laws as to validity. 2-706. Carrier's common-law liability, law gov- erning validity of contract limiting. 4-1106. limitation of liability for negligence under stipulation in pass. 4-559. place of contract, what is on purchase of railroad ticket by passenger. 1912C-542. Charities, testamentary gift to foreign charity and administration thereof, law governing validity. 20-866. Chattel mortgage, enforcement in foreign jurisdiction to which goods have been removed by mortgagor. 3-109; 1914B-1252. Conditional sales, rights of innocent pur- chaser from conditional vendee. 1916A-880. Corporate stock, law governing transfer. 1917D-959. Damages for mental anguish, law govern- ing recovery in telegraph cases. 7 1068; 19-1063; 1912D-845. Death by wrongful act, damages as re- coverable by suit in foreign juris- diction under statute permitting re- covery. 2-805; 13-1036; 1913D-568; 1914C-719. distribution of damages recovered, law governing. 8-149; 1913D-282. Decedents' estates, conflict of laws as to administration of estate of decedent dying in foreign country. 1916D-237. Divorce, custody of children after divorce. 12-1059. dower rights, effect of foreign divorce. 1913E-555. extraterritorial effect of foreign decree. 4-864; 20-870. remarriage of party or parties, extra- territorial effect of divorce decree or statute prohibiting. 15-758; 1918E- 1074. title to land situated in another juris- diction, validity of decree passing title. 17-859. Employers' liability, what law governs practice under federal act. 1916B- 255. Evidence, law governing admissibility. 1915B-844. CONFLICT OF LAWS Continued. Executors and administrators, suit in one state upon bond of administrator ap- pointed in another state. 1913B-348. Executory contract relating to realty. 20^68. Federal statutes superseding state laws as to food and drugs. 1915A-45. hours of labor regulation. 19-816; 1915D-412. point of time at which federal statute operates in superseding state statute. 17-1016. telegraph line construction upon public roads, power under federal act as affected by state laws. 1-533. Fellow-servant doctrine, conflict of laws as to. 7-257. Foreign corporation, court control of in- ternal affairs. 19-84; 1913E-457. eminent domain powers outside home state. 1915C-929. noncompliance with domestic statutes as affecting nondomestic contracts. 1914A-709. ^taxation of shares of stock. 15-895 ; 1916C-829, 841, 844. Foreign sovereign or foreign state, ju- risdiction of court of action against. 1918E-527. Fraudulent conveyance of realty situate in another state, power of court to set aside. 5-533. Gambling contracts or agreements col- lateral thereto, law governing va- lidity. 17-18. Garnishment, jurisdiction other than that in which judgment is rendered, lia- bility of judgment debtor to garnish- ment. 1914A-957. payment of judgment by garnishee as affecting liability to principal de- fendant in another jurisdiction. 1918C-829. Gift causa mortis, law governing validity. 1912C-272. Homicide, jurisdiction of prosecution where act occurs in one state and death in another. 1913E-468. Husband and wife, mortgage or pledge of property by married woman for husband's benefit, law governing. 1917B-611. separate property rights of married per- sons as affected by removal into 154 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONFLICT OF LAWS Continued. state governed by community prop- erty laws. 13-840. surety for husband, law governing right of married woman to become. 1917B- 603, 617. Illegitimacy, status of person as legiti- mate or illegitimate. 1917C-537. Inheritance tax as payable out of estate or out of legacy or devise. 20-1360. situs of real property as affecting lia- bility to inheritance tax. 1915A-169. Injunction against proceedings in another state or country, power of court to enjoin. 10-26; 16-673; 1913B-204; 1915A-834; 1918B-1150. Insurance contract, law governing. 19 30; 1913B-925; 1918D-1159; 1918E- 602. Interest, liability of state to pay. 1914A- 364. Judgments, limitation of action on for- eign judgment. 8-1123. Limitation of actions, cause of action arising in foreign jurisdiction, what limitation statute governs. 5-546. extraterritorial effect on statutory cause of action. 2-151. Marriage, dissolution by other than court decree, validity in another jurisdic- tion. 1913D-537. foreign marriages. 3-1054; 12577; 1912C-625. property rights in one state as affected by foreign marriage valid where made but invalid in state of situs of property. 1915B-1002. remarrying in foreign jurisdiction after decree of divorce forbidding remar- riage as constituting contempt of court. 1914A-1175. Mechanics' liens as enforceable in one state for work or materials furnished in another state. 10-374. Mortgages, validity and effect. 1913C- 230. Partition of land in another state or country. 1912B-991. Partnership, judgment against partnership without service on nonresident part- ner as binding latter. 20-1242. Penal statute which is partly compensa- tory, enforcement in foreign state. 1913E-245. CONFLICT OF LAWS Continued. Place of performance, contracts governed by laws of place. 1-88. Public lands, succession to rights of home- steader on death before perfection of title. 1912C-697. Eeceivers, act of interference with re- ceiver committed outside of juris- diction, power of court to protect against. 1915D-707. Setoff, law governing. 4-88. Specific performance of executory con- tract for sale of realty situated in another state or country, right of vendor to maintain action. 1912C- 539. Steamship ticket stipulation against lia- bility for baggage of passenger. 9- 915. Survival of actions, law governing. 6- 584; 1914B-114. Torts, elements of damages in action for. 4-524. Trademarks or trade names, territorial extent of rights. 5-560; 1914C-931. United States citizens performing acts in another country, operation of federal statute as to. 16-1050. Usury laws concerning building and loan contracts. 1-241; 14-736. extraterritorial operation of statutes cutting off defense of usury to cor- porations. 14-117. mortgage on lands in one jurisdiction given to secure debt contracted or obligation executed in another juris- diction, law governing validity. 11- 225. Wills, after-acquired realty, what law governs passing by will. 18-174. construction of will, effect of statute passed after its execution. 1913A- 1290. election made with respect to will, effect in another jurisdiction. 1914A- 446. execution as governed by law in force at time of testator's death or at time of execution. 13-1154. personalty, law governing execution of will of personalty. 944. powers, execution by general devise or bequest as affected by statutory pro- visions of different jurisdictions. 16- 206. CONFRONTING WITNESSES CONSENT. 155 CONFLICT OF LAWS Continued. probate of foreign will abroad, conclu- siveness in domestic courts. 9122. realty, laws governing execution and construction of will of realty. 2-591; 11-498; 18-578. revocation of woman's will by subse- quent marriage. 1913A-224; 1916A- 365. testamentary gift of homestead, law governing right to make. 21-251. Workmen's Compensation Act as applica- ble to injury received in another jurisdiction. 1914D-377; 1916B-162; 1918B-625; 1918D-318. CONFRONTING WIT- NESSES. Inability of accused to understand lan- guage of witnesses as depriving him of constitutional right to confront witnesses. 1913D-673. Eight of accused to confront witnesses at trial. 1-471. Use of deposition as affecting right of ac- cused to confront witness. 1916A 1091. CONFUSION OF GOODS. Consent of owners. 1913E-692. Execution on goods of stranger mixed with those of debtor, right of officer to levy. 18-948. Mistake or accident, confusion of goods resulting from. 1913E-678; 1918A- 746. Tortious or wrongful, measure of dam- ages. 1913E-665; 1918A-740. CONGESTION OF FREIGHT. Unusual and excessive amount of freight to be handled as excusing delay in transportation by carrier. 11-274; 1913D-967; 1918D-143. CONG-BESS Continued. Election contests, declarations of voters as to how they voted, admissibility. 15-244. Process, exemption of congressman from service in civil actions. 2-615. War power, nature and scope. 1918B - 1009. CONNECTING CARRIERS. See Carriers of Goods; Carriers of Live- stock; Carriers of Passengers. CONNECTIONS. Public service corporations, power of state or public service commission to compel connections between. 1915C-850. Telephone company, duty to supply tele- phone connections and facilities with- out discrimination. 1912C-135. Train connections with other railroads, power of railroad commission, to com- pel. 11H106. CONNIVANCE. Adultery, connivance or procurement by other spouse as defense to prosecu- tion. 1916E-741. Bank officer, connivance in the receiving or accepting deposits after insol- vency as affecting criminal liability. 1912B-317. Criminal conversation, connivance by husband as bar to action. 5-867. Divorce, connivance as bar. 10-819; 1915C-80. CONSCRIPTION. See Army and Navy. CONSECUTIVE SERVICE. Validity and construction of statute limiting consecutive service by pub- lie officer. 1918E-358. CONGRESS. Contempt, power to punish witness. 7- 877; 1916B-1118. person other than witness, power to punish. 1918B-378. CONSENT. Abduction, consent of child as affecting crime of abduction. 1913A-588. Adoption of child, consent of parents as prerequisite. 1914A-221. 156 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSENT Continued. Advancement, gift to husband as ad- vancement for daughter, necessity of latter's consent. 18-546. Assignment for benefit of creditors, nec- essity of assent of creditors. 1913A- Sl8. Attorney, discharge at will of client, necessity of consent of court. 19 593. Bill of exceptions, consent of parties as conferring jurisdiction on court to sign after time fixed by statute. 13-1115. Confusion of goods with consent of owners. 1913E-692. Executors and administrators, power of court to appoint coadministrator against consent of persons entitled to administration. 4-550. Expectancy, necessity of consent of an- cestor to transfer to stranger. 1916E-1248, 1263. Fire insurance, consent of insured to tak- ing out additional insurance as neces- sary to avoid policy. 1912D-632. Homicide, consent of deceased as affect- ing crime of murder. 14-994. Husband, consent to services of wife outside of home, necessity in order to" entitle wife to recovery. 1915C-% 1185. Incest, necessity of consent of both par- ties as element of crime. 8-910; 21-1257. Instructions, giving further instructions after retirement of jury as neces- sitating consent of counsel. 17-536. Intoxicating liquors, consent of abutting owners to issuance of liquor license. 1-60. power of infant to consent to issu- ance 'of license. 1916C-497. Jurisdiction of court, consent in action based on illegal contract as affecting court's power to dismiss. 1912A- 1035. Landlord and tenant, assignment of lease, necessity of lessor's consent in order to subject assignee to liability for rent. 1916E-804, 844. 1 holding over by tenant without land- lord's consent, measure of damages. 17-284. CONSENT Continued. sublease of premises, sufficiency of oral where lease requires written consent. 16-606. Larceny, facilitation of theft as consent to taking. 10-631. Laundry operation, validity of statutes requiring municipal or property holders' consent. 21-981. Life insurance, consent of beneficiary as necessary to surrender of policy or to loan thereon to insured. 1913D-838. Marriage, validity without consent of parents or guardian. 17-94. Mechanic's lien, improvements on realty with consent but not at expense of owner, right to lien. 11-1082; 19-734; 1916C-1133. Militia, validity of enlistment of minor in state military service as depen- dent on consent of parent. 1913C- 1273. Novation, consent of creditor as essen- tial to substitution of debtor. 1914A- 339. Nuisance, consent to erection of struc- ture as precluding objection thereto as nuisance. 1916C-1236. Parent and child, want of consent to employment of infant as affecting liability of master to parent for in- juries. 1913C-234. Partnership, dissolution as dependent upon mutual consent under terms of contract. 19-383. Pledge, consent of pledger to purchase of pledged property by pledgee as validating transaction. 1912A-524. Rape, absence of consent, resistance neces- sary to establish. 9-572. acts of familiarity or intimacy be- tween rape prosecutrix and defend- ant as admissible for purpose of showing consent of prosecutrix. 11- 673. consent of female as defense to civil liability for rape or assault with in- tent to commit. 1916A-249. intercourse by consent secured through mock marriage as rape. 1912C-131. sexual intercourse consented to by weak-minded woman as affecting crime of rape. 1912B-1051. want of consent, necessity of showing in prosecution for assault with intent CONSEQUENTIAL INJURIES CONSIDERATION. 157 CONSENT Continued. to commit on girl under age of con- sent. 5-354; 1913A-164. Ecceiver's certificates, necessity of ob- taining consent from prior lien- holders for issuance. 1913C-47. Robbery, consent on part of person robbed. 13-460. Surgical operation, right to perform aa affected by consent of patient. 5 306; 8-196; 1916C-1105. Trust property conveyed by one trustee without consent of cotrustees, effect. 4-953. CONSEQUENTIAL IN- JURIES. Limitation of actions as running from date of actual damage. 13-698. CONSIDERATION. Agency, sale by agent to himself, ade- quacy of consideration as affecting validity. 1912A-1175. Antenuptial agreement for release of dower or like interest, effect of fail- ure of consideration. 1918A-1168. Appeal and error, waiver of right to ap- peal, necessity of consideration. 19- 1058. Bills and notes, expression of considera- tion in promissory note as affecting negotiability. 1912D-10. natural love and affection as sufficient consideration for note executed by parent to child. 13-165. partial failure of consideration as de- fense to action on bill or note. 2- 430. payment of less than face value as af- fecting bona fides of transfer of negotiable instrument. 17-386. renewal of note as estoppel to set up failure or want of consideration. 1916A-826. waiver of protest, necessity of new con- sideration to support. 5-478. want of consideration as defense, bur- den of proof in action. 18-205. Carrier of goods, waiver by shipper of carrier's liability for loss of goods by fire, necessity of consideration. 20-234. CONSIDERATION Continued. Chattel mortgage, precedent debt as good consideration. 1912C-79. Contracts, agreement unenforceable be- cause of statute of frauds as con- sideration for new contract. 19 1182. discontinuance of bastardy proceedings as consideration. 2-493. executed illegal contract, recovery of consideration when parties are in pari delicto. 4714. privilege of naming child as valid con- sideration. 11-482. Deed, limitation of action on, recital of consideration as written promise to pay within statute. 2-470. recital of consideration as binding stranger to instrument. 1915A-96. Failure in whole or part, right to set up defense under general issue or denial in action on negotiable instrument. 1913B-318. Frauds, statute of, contract within stat- ute other than contract to answer for debt of another, necessity for state- ment of consideration. 3-656; 1918 A- 134. "for value received" recital as sufficient statement of consideration oh con- tract within statute of frauds. 1912A-1242. promise to answer for debt of another, necessity for statement of considera- tion in memorandum .of contract. 1913B-986. relinquishment of lien by promisee upon promise to pay debt of another as sufficient consideration to take contract out of statute of frauds. 1913D-319. Gaming, forbearance to sue as new con- sideration validating claim for gambling debt. 14-249. Guaranty contract, forbearance as suffi- cient consideration. 1916A-970. recital of consideration as establishing absolute guaranty. 15-1165. Intoxicating liquors, prosecution for un- lawful sale, necessity of alleging con- sideration therefor. 19-693. Joint adventure, sufficiency of considera- tion to support agreement. 1912C- 205. Lease of agricultural lands within con- stitutional prohibition against long 158 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSIDERATION Continued. leases as affected by nature of consideration. 15-346; 1914A-349. License, payment of consideration by li- censee as affecting licensor's right of revoking. 7-717; 1913 A-76. Mortgages, agreement by mortgagor to convey premises t mortgagee in con- sideration of release from liability under mortgage, validity. 1913C- 1243. One dollar, recital in instrument as suf- ficient valuable consideration. 1912B- 363. Optional contract, failure of considera- tion as affecting right to enforce. 1913A-364. Parol evidence varying that shown by written agreement. 2-148. Partial failure, right to show under plea of total failure. 1914B-758. Passes in consideration for conveyance of land to railroad, construction of agreement. 21-597. Past services rendered by one member of family to another, enforceability of note given for. 1913A-865. Patent right, statute requiring note given to show consideration, validity. 5- 426. Quitclaim deed, necessity of considera- tion to give precedence over prior unrecorded conveyance. 19-320. Eeceiver's certificates. 1913C-51. Reformation of instrument, want of con- sideration as affecting right to re- form. 10-523. Release of damages for personal injury, consideration of re-employment of releasor by releasee, validity. 4 647; 1916E-175. necessity of returning or tendering consideration on repudiation. 4-655; 10-739; 1912D-1084. Remainders and reversions, inadequacy of consideration as ground for vacating sale of vested interest. 1914B-1042. Rescission, conveyance based on com- pounding of felony as affecting right of rescission. 1913A-522. fraudulent contracts, return of con- sideration. 1-911. CONSIDERATION Continued. Restraint of trade, consideration as ele- ment in determining validity of con- tract by servant not to engage in similar business as master. 8-157. sale of business as sufficient considera- tion for covenant restraining vendor from future exercise of trade or pro- fession. 1913A-293. Sales, parol evidence to modify or ex- plain consideration of bill of sale. 19-545. ^pre-existing debt, purchaser of chattel for pre-existing debt as purchaser for value. 1918A-455. Seal as importing consideration. 1913A 365. Specific performance of contract, inade- quacy of consideration as ground for denying. 12-122. Suretyship based on consideration as af- fecting subrogation of surety to rights of creditor. 1913A-565; 1918E-660. extension of time for payment of debt as sufficient consideration for con- tract of suretyship. 1918C-576. Trusts, part payment of consideration for realty taken in name of another as creation of resulting trust. 2 667. Vendor and purchaser, antecedent debt as consideration constituting grantee or mortgagee purchaser for value. 3-395. conveyance in payment of pre-existing debt, person taking as purchaser for value. 1918A-112. implied vendor's lien as existing where consideration for conveyance is agreement to support vendor for life. 1917C-288. return of consideration on repudiation of void contract of sale. 1914C-898. Wills, contract to make will, necessity and sufficiency of consideration to warrant specific performance. 1914A- 407. devise of land orally agreed upon, re- covery of consideration for breach. 20-1137. CONSIGNOR AND CONSIGNEE. See Carriers of Goods. CONSOLIDATION CONSPIRACY. 159 CONSOLIDATION. Actions, different classes of cases sus- ceptible of consolidation. 1913E- 1053. Corporations, assent of all stockholders to consolidation, necessity of. 19- 1266; 1918A-165. mortgage bonds, power of consolidated corporation to issue. 20-1282. remedy of creditor against corporation which has become merged in another. 1914C-449. right to consolidate in absence af legis- lative authority. 1913A-1192. special or local laws annexing and consolidating corporations, validity. 3-499. tax exemption rights in favor of one of entrants in new corporation as af- fected by consolidation. 13-683. Municipal corporations, constitutionality of local or special laws. 3-499. Religious societies, consolidation of. 1918D-1060. Trial in criminal case, right to try de- fendant on two or more indictments at same time. 1913A-1005. CONSORTIUM. Husband's right to recover for loss aris- ing from personal injury to wife where statute gives wife right of action for injury. 1912B-1125; 1916C- 886. Loss as element of damages for death of wife by wrongful act. 1915A-701. Wife's right to maintain action for in- jury to or loss of consortium in ab- sence of statute. 1913A-989; 1918D- 208. CONSPIRACY. 1. In General. 2. Civil Liability. 3. Criminal Liability. See Blacklisting; Boycotting; Monopolies; Picketing. 1. In General. Combination to deprive fellow-employee of work, liability in damages for pro- curing discharge. 1915C-425. Corporation, liability for conspiracy. 17- 102. CONSPIRACY Continued. Fire insurance, conspiracy to burn in- sured property as defense to action .on policy. 19-841. Threat to strike in attempted coercion of employer as constituting conspiracy. 3-974. 2. Civil Liability. Act which may be done lawfully by one person, civil liability for conspiracy to do. 5-373; 1914B-1193. Gist of civil action for conspiracy. 1914C- 763; 1917E-289. Interference with contract relations, civil liability for. 2-441; 11-337; 1912B- 1162; 1916E-608. Misjoinder of defendants in civil actions for conspiracy, effect. 14-1144. One person as civilly or criminally liable for conspiracy. 19-1253. Preventing merchant from getting goods to sell, right of action for damages against unlawful combination. 9- 1189. Eestraint of trade, as illegal combination within Sherman Anti-trust Act. 1912D-765. survival of right of action for con- spiracy. 1916C-726. Separate tortious ects in pursuance of conspiracy as giving rise to single cause of action. 1915B-1014. 3. Criminal Liability. Combination in restraint of trade as criminal conspiracy. 1913E-603. Corporation, criminal liability. 1916C- 462. Evidence of conspiracy to commit crime as admissible where conspiracy not charged in indictment. 5-984. Indictment for conspiracy to defraud, sufficiency of allegations as to object of and means of accomplishing con- spiracy. 21-39. object of, and means of accomplishing conspiracy, sufficiency of allegations. 21-34. validity where one of conspirators is incapable of committing offense. 14 156. Limitation of actions, applicability of statute to prosecution of conspiracy. 12-242. 160 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSPIRACY Continued. One person, criminal liability for con- spiracy. 19-1253. Trade or business of another, criminal conspiracy to injure. 1-508. Venue of prosecution for criminal con- spiracy. 1914A-632. CONSTABLES. See Sheriffs and Constables. CONSTITUTIONAL CON- VENTIONS. Privilege of members from service of civil process. 2-616. CONSTITUTIONAL LAW. 1. In General. 2. Adoption and Amendment. 3. Construction, A. GENERALLY. B'. DELEGATION OP LEGISLATIVE POWER. C. DUE PROCESS OP LAW. D. EQUAL PROTECTION OF LAWS. E. Ex POST FACTO AND BETROSPEC- TIVE LAWS. F. FULL FAITH AND CREDIT CLAUSE. G. IMPRISONMENT FOR DEBT. H. LIBERTY OF SPEECH AND PRESS. I. NATURAL EIGHTS. J. OBLIGATION OF CONTRACTS. K. SELF-EXECUTING PROVISIONS. L. SEPARATION OF POWERS. 4. Raising Question of Constitutionality. 5. Statutes on Particular Subjects. 1. In General. Contracts, power of state to annul its contract by legislative act. 1915B- 137. void contract under constitutional or statutory provision, effect of subse- quent repeal of provision on contract. 1913C-1398. Exclusive rights or privileges, validity of statutes granting. 1-847. Ordinance of 1787, effect on states carved out of Northwest Territory. 1915D- 942. Partial invalidity of provision in state constitution, effect. 1916D-15. CONSTITUTIONAL LAW Continued. 2. Adoption and Amendment. Approval by executive of proposed amendment, necessity. 4-703. Entire, new constitution, power of legis- lature to formulate and submit to people. 1915C-240. Impeachment of act of legislature pro- posing amendment by reference to legislative journals. 9-587. Judicial notice of proceedings for adop- tion of amendment. 1917D-1031. Legislation proposing amendment, consti- tutional provision relating to title end subject matter of statute as ap- plicable. 1916B-1004; 1917E-739. Mandatory or directory nature of con- stitutional provision for amendment. 15-786. Power of courts to determine validity of action by legislature proposing con- stitutional amendment. 1914B-925. Proposed constitutional amendments, mode of entering on legislative jour- nals. 3-756. 3. Construction. A. GENERALLY. "Adjoining," meaning of term as used in constitutional provision. 1913D-847. "Case," meaning of word as used in sense of "action" or "proceeding." 21-668. "Corporation," term used in constitution as including municipal corporation. 1913B-745. "Court," as meaning "judge." 1913E-389. Grant made to private person or corpora- tion, rule of construction in favor of public. 1914A-158. Inconsistent provisions or amendments of constitution. 18-725. Internal improvement work by state, con- struction of constitutional provision prohibiting. 6-307. Long acquiescence in validity of statute as affecting its constitutionality. 16- 877; 1912A-505. Ordinance as "law." 1917C-688. "Person" as including private corpora- tion. 20-738; 1914A-1308. Proceedings of constitutional convention as aid in construing constitution. 10 1146. CONSTITUTIONAL LAW. 161 CONSTITUTIONAL LAW Continued. Recall of public officers, construction of constitutional provision. 1916A-1160. "Require," legal meaning as used in con- stitution. 1912A-1236. "Road" in constitution as including street. 1914A-775. "Similar," in constitution, meaning of word. 18-794. Titles of statutes, construction of con- stitutional provisions relative to. 1- 584; 1915A-79. B. DELEGATION OF LEGISLATIVE POWER. Administrative board authorized to de- termine qualification of licensees as delegation of legislative power. 2- 427. Creating new county or other municipal- ity only on ratification by voters within territory affected, validity of statute. 1914C-626. Criminal ordinances, legislative delega- tion to counties of power to enact. 7-743. Food production and distribution, statute empowering board of health to reg- ulate as invalid delegation of power. 1913E-1000. Municipal corporation, power to amend or adopt new charter, validity of stat- , ute conferring. 1913C-788; 1915D- 105. Public office, right of legislature to dele- gate power to create. 18-489. Statute, other than local option law, effective only on ratification by voters, validity. 20-652; 1918E-573. Taxation, discretionary enforcement of mode of collecting taxes as delega- tion of legislative power. 3-350. power of legislature to delegate taxing power to school district. 8-535. C. DUE PROCESS OF LAW. Discretionary power conferred by statute, exercise by court es due process of law. 2-317. Insane persons, due process of law in commitment. 1-733; 13-877; 1913C- 323. Public property deprived of intended use as taking without due process of law. 1915B-1139. Index to Notes 11 CONSTITUTIONAL LAW Continued. D. EQUAL PROTECTION OP LAWS. Aliens, discrimination against aliens in employment of laborers. 1917B-287. public work, validity of statute pro- hibiting employment of alien labor. 1915B-1271; 1917B-293. rights and liabilities of aliens during war. 1917C-189. Corporations, privileges and immunities of citizens as including corporation as citizen. 1917C-876. prohibition against doing act not for- bidden to firm or individual, validity of statute. 1912D-808. Discrimination against goods of foreign country by taxing sales, power of state. 5-880. Race segregation, carriers of passengers, validity of regulation or statute for separation of races. 7-274; 20-982. residential districts, validity of ordi- nance segregating white and col- ored persons. 1915B-964; 1916E-1157; 1917B-155; 1917D-1127; 1918A-1207. schools, separation of white and colored persons. 13-342. E. Ex POST FACTO AND RETROSPECTIVE LAWS. Judges, changing number of judges sit- ting in trial or appellate court as ex post facto with respect to offense committed before its enactment. 1912C-1121. Judicial decisions as within prohibition against ex post facto laws. 1914C- 228. act made criminal by statute but com- mitted subsequent to decision declar- ing statute invalid, effect of later de- cision upholding statute. 1912B-700. Jurisdiction to try past offenses, power of legislature to confer on existing court. 1912A-888. Punishment, changing punishment for crime as violation of prohibition against ex post facto law. 3-77; 1915C-1058. habitual criminals, statute prescribing special punishment for second of- fenses or habitual criminals as ex post facto. 18-925. Stockholders' liability, retrospective act changing remedy to enforce, validity. 5-324. . 162 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. F. FULL FAITH AND CREDIT CLAUSE. Full faith and credit clause of federal constitution as applicable to state courts of inferior jurisdiction. 21 1153. Judgment declaring contract void as champertous as entitled to full faith end credit in another state. 1914B- 1144. Refusal of ancillary probate on record of another state as denial of full faith and credit. 7-315. G. IMPRISONMENT FOE DEBT. Alimony, nonpayment of alimony as within inhibition against imprison- ment for debt. 1913E-1087. Breach of contract by employee, statute making it criminal offense as con- travening constitutional provision against imprisonment for debt. 14- 1060. Civil liability for tort as debt within constitutional provision against im- prisonment. 20-1344; 1917D-841. Failure to pay fine or penalty as within inhibition against imprisonment. 19- 757. Frauds on innkeepers, statute punishing as within constitutional provision against imprisonment for debt. 16 1231; 1915C-1002. H. LIBERTY OF SPEECH AND PRESS. Boycott as authorized under constitu- tional liberty of speech and press. 15-7. Constitutional guaranty of liberty of speech and press. 15-3; 1915B-1183. Criticism of candidates for office, statute forbidding as infringement of lib- erty of speech and press. 1915B- 1185. Libel or slander as authorized by consti- tutional liberty of speech and press. 15-6; 1915B-1184. Newspaper publication reflecting on court as protected under constitutional guaranty. 15-6; 1915B-1184; 1918B- 941. Obscenity, prohibition as violation of constitutional liberty of speech and press. 15-9; 1915B-1186; 1916A-902. Obstruction of justice as authorized by constitutional libertv of speech and press. 15-6; 1915B-1184. CONSTITUTIONAL LAW Continued. Political activity by public officers, pro- hibitory statute as infringement of constitutional liberty of speech and press. 15-8; 3915B-1185. Publication of report of criminal execu- tion, validity of statute prohibiting. 10-353. Theatrical performances, statutory regula- tion as violating constitutional lib- erty of speech and press. 1915B- 1186. Threats, prohibiting communication as in- fringement of constitutional right. 15-8. I. NATURAL RIGHTS. Descent and distribution, right to take property by inheritance or will as natural right protected by constitu- tion. 9-726; 1918A-939. Weapons, right to bear arms. 1-56; 7- 927; 17-570; 1913B-333. Wild animals, right of property in. 1917B-949. J. OBLIGATION OF CONTRACTS. Beneficial associations, amendment of beneficial association by-law as con- stituting impairment of vested rights as applied to existing members. 10- 626; 17-817; 1913C-679; 19176^-814. Foreign corporations, imposing additional burden on foreign corporation which has complied with conditions for do- ing business in state as impairment of obligation of contract. 9-981; 17-1252. Judgment, prohibiting revival as impair- ment of contract rights. 3-1148. Judicial decision aa impairment of obli- gation of contracts. 4-93; 9-1121; 1915C-578. Mortgage redemptions, act extending time as impairment of obligation of eon- tract. 2-801. Municipal ordinance as within purview of clause of federal constitution against impairment of obligation of con- tracts. 12-503. Ordinance granting privilege, impairment as impairment of contract obligation. . 3-88, 986; 6-259, 601; 8-622; 1915 A- 899, 911, 926. Public utilities, amendment to constitu- tion as impairment of constitutional right of public service corporation to use streets. 1914C-1287. CONSTITUTIONAL LAW. CONSTITUTIONAL LAW Continued. Repeal or modification of statute affect- ing municipal corporation as impair- ing contract between state and mu- nicipality. 4-794. K. SELF-EXECUTING PROVISIONS. Corporations, constitutional provisions relating to as self -executing. 7-630; 18-201; 1914C-1116. forfeiture of corporate charter, consti- tutional provision therefor as self- executing. 1914A-936. Criminal law, self-executing provisions of constitution. 18-202; 1914C-1119. Eminent domain provision that property shall not be taken or damaged with- out just compensation. 7-632. Initiative and referendum, self-executing provisions of constitution relating to. 18-202; 1914C-1119. Municipal corporations, constitutional pro- visions relating to as self-executing. 7-629; 18-201; 1914C-1117; 1918D- 868. Public officers, self-executing provisions relating to. 1914C-1116. Self-executing provisions of constitution generally. 7-627; 18-199; 1914C- 1116; 1916D-S68; 1918D-1080. L. SEPARATION OF POWERS. . Courts, creation or abolition of court of record, power of legislature. 1913C- 1160. legislative regulation of power of court to punish for contempt, validity as to constitutional courts. 16-759. Judges, appointing power imposed on judges, validity of statute. 8-599; 10-436; 18-1189. Judicial power, what is within constitu- tional theory as to separation of powers of government. 1913E-1097. Public officers, mention of office in con- stitution as limiting power of legis- lature to subtract from powers of officer. 1912D-334. qualifications of public officer, power of legislature to define. 19-743; 1915A- 343. 4. Raising Question of Constitutionality. Impeachment of statute by reference to legislative journals. 1918D-253. CONSTITUTIONAL LAW Continued. Ministerial officer, right to question valid- ity of statute. 2-81; 1912D-152. Objection to constitutionality of statute or ordinance, who may raise. 19-175; 1915C-57. Prohibition as remedy to review deter- mination of validity of statute. 6- 986; 1913D-596. Statutes, constitutionality as determin- able on pleadings alone. 1914D-468. habeas corpus proceedings as mode of determining validity. 3-581. judicial inquiry into motives prompting enactment of legislative ordinance. 1912A-716. 5. Statutes on Particular Subjects. Absentee presumed to be dead, validity of statute authorizing administration upon estate. 3-1126; 14-148; 1913B- 556; 19150-114. Actions, survival of action for personal injuries after death of person in- jured, validity of statute providing for. 1917E-1171. Agriculture, diseased fruit trees, fruit or vegetables, validity of statute pro- viding for destruction. 1917E-220. ' farm loan statute, validity. 191 7E- 216. insect pests, validity of statute pro- viding for extermination. 1913A- 412. lease of agricultural lands, construction and effect of constitutional or stat- utory provisions against long leases. 15-345; 1914A-349. seed, validity of statute regulating sale. 1917E-167. Aliens, employment on public work, valid- ity of statute prohibiting. 1915B- 1271; 1917B-293. immigration, authority of Congress over. 1917C-238. soliciting or importing alien contract labor as crime, validity of statute. 19170-261. Animals, breeding of animals, public regulation. 1916A-564. cattle within municipal limits, validity of ordinance regulating keeping. 1917E-929. dead animals, validity of ordinance regulating removal. 2-496. 164 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. diseased animals, destruction without compensation, validity of statute or ordinance. 15-48. diseased animals, destruction with com- pensation to owtoer, validity of stat- ute authorizing. 1917D-89. dogs, making owner liable for damage by, validity of statute. 13-847. hogs within corporate limits, power of municipality to prohibit keeping. 9-179. torses with docked tails, validity of statute prohibiting use. 13-1032. injury by railroad, penalty for failure to pay for injury within specified time, validity of statute imposing. 17-632. partial invalidity of statute relating to animals, effect. 1916D-35. poultry within municipal limits, valid- ity of ordinance regulating keeping. 14-1003. seizure by humane society, validity of statute authorizing. 14-916. trespassing animals, seizure and sale, validity of statute authorizing land- owner to seize and sell. 1915C-1263. wild animals prone to injure property, validity of statute protecting. 1917D- 810. Appeal and error, appellate courts re- quired to weigh evidence, validity of statute providing for. 3-685. right of appeal, validity of statute abridging. 5-860; 1912B-274. validating appeal taken after time to appeal has elapsed, validity of stat- ute. 1913D-1261. Appropriation of public money, what con- stitutes within constitutional provi- sion. 1915A-1240. fairs, validity of statute appropriating money for. 9-52. gift or loan of money or credit of state or municipality, construction of con- ' stitutional provision against. 1913C- 1230. personal injury of militia member, validity of appropriation in payment. 1914B-1283. Architects, statutory regulation. 1914B- 1224. Army and navy, compulsory military ser- vice, validity of statute. 1917C-812; 191SB-863: 1918D-100. CONSTITUTIONAL LAW Continued. Assignments, forbidding assignment of debt or claim for collection in an- other jurisdiction, validity of statute. 1916D-870. Attorneys, appointment to prosecute dis- barment proceedings without compen- sation, validity of statute authoriz- ing court to appoint. 1915B-187. collection of claim against federal government, validity of statute limit- ing amount of fees. 1918C-863; 1918E-538. compensation for defense of indigent accused, right of attorney assigned to defend. 1913E-206. disbarment proceedings, right to be confronted by witnesses. 6-582. lien on cause of action, validity of stat- ute giving. 8-709; 1913C-69. occupation tax, validity. 1912A-599. personal services, validity of statute making fee taxable as costs. 17-282. special assessments, validity of statute authorizing recovery of attorney's fee in action for collection. 11-811; 1912B-692. Automobiles, garages, municipal regula- tion. 1915C-186. jitney buses, state or municipal regula- tion. 1916A-1233; 1917C-1047; 1918C- 946. license fee, law imposing on auto using highways of state as regulation of interstate commerce. 1912D-239. municipal regulation with respect to equipment, use of streets or the like. 1916E-1047. name and address of person operating to be given to person injured, valid- ity of statute imposing duty on operator of automobile. 1913C-925; 1915A-165. negligent operation by any person, validity of statute making owner liable. 1915A-1170. nonresidents, inclusion or exclusion of nonresidents in statute regulating use of motor vehicles, validity of statute. 1917E-324. regulation of automobiles in matters other th?.n speed. 5-793; 12-291. territorial limits, validity of statute or ordinance prohibiting use within cer- tain limits. 15-1169; 20-516. Badges, society badge or emblem worn by nonmember, validity of statute making it offense. 21-1037. CONSTITUTIONAL LAW. 165 CONSTITUTIONAL LAW Continued. Banks, bank examiner, validity of statute creating office. 1916E-219. depositor's guaranty fund, validity of statute levying assessment on banks. 1912A-490. federal reserve act, validity and effect. 1917C-1099; 1918D-1175. insolvent bank receiving deposits, validity of statute making it crime. 20-1323. ^number of banking corporations in par- ticular locality, right of state to con- trol. 1913A-261. private banking, state regulation. 10-903; 1914A-171. Barber, regulatory statutes, validity. 15-260. Sunday closing of barber-shops, va- lidity of ordinance. 1915C-200. Basements, conduct of business in base- ment or room under ground, validity of statute regulating. 1914A-1132. Billboards and signs, municipal regula- tion. 1916C-491. Billiard or pool table, keeping as sub- ject of exercise of police power. 1913D-1052. Blasphemy statutes, validity. 1914A-814. Boilers, public regulation or inspection of steam boilers. 1915D-846. Bottles, regulating or prohibiting reuse of or traffic in bottles or other re- ceptacles of goods by person other than manufacturer or owner, validity of statute. 1915A-487. Brick manufacture, state or municipal regulation, validity. 1917B-931. Brokers, chattel loan brokers, license tax on occupation, validity of statute imposing. 1914B-1197. state or municipal regulation, validity. 1918B-408; 1916E-618. written contract for commission on sale of realty, validity of statute requiring. 1913C-727. Buildings, building lines, validity of leg- islation establishing. 19-188; 1914B- 194. destruction of building by public au- thorities, right to compensation. 1913C-599. height of buildings, validity of stat- ute or ordinance limiting. 15-1051. permits for building, validity of ordi- nance requiring. 13-1187. CONSTITUTIONAL LAW Continued. Bulk Sales Acts, validity. 1-557; 8-452; 9-234, 252; 1912C-706; 1914C-713; 1915CHU4; 1917B-275; 1918A-271. Business closing hours, validity of stat- ute or ordinance regulating. 1915A- 1097; 1918D-200. Carriers of goods, Carmack Amendment, validity of act. 1915B-81. connecting carriers, state statutes pre- scribing duty or liability as regula- tive of interstate commerce. 1-707; 2-517. failure to pay claim within certain time, validity of statute imposing penalty. 20-1056; 1915D-824; 1916D- 335. reciprocal demurrage, validity of stat- ute, ordinance or rule providing for. 13-964; 19-1092; 1916E-701. refusal to accept freight tendered for shipment, validity of statute imposing penalty. 17-253. regulation of particular class of carriers of goods, validity of statute. 16 1239. Carriers of livestock, failure to pay claim within certain time, validity of statute imposing penalty. 20-1056; 1915D-824; 1916D-335. twenty-eight hour law regulating car- riage of livestock, validity. 21-824. Carriers of passengers, accommodations for passengers, failure to furnish suffi- cient, made criminal offense, validity of statute. 19-70. connecting lines, validity of statute re- quiring carrier to sell ticket for. 1913E-613. drinking of intoxicating liquor or being intoxicated on passenger conveyance, validity of statute prohibiting. 1913B-1061. fixed rate per mile for carriage of pas- sengers, validity of statute requiring. 21-191. free railroad transportation, constitu- tional or statutory provisions against gift or receipt. 17-662; 1915D-559. militia or other state or public offi- cers, carriage free or at reduced rates, validity of statute requiring. 1913E-498; 1916E-959; 1917C-92. reduced rates for certain classes of passengers, validity of statute re- quiring. 2-420; 9-1130; 1912C-841. 166 INDEX TO THE NOTES. 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. 'Separation of white and colored passen- gers, validity of laws providing. 7-274; 1915B-617. soliciting trade or business on prem- ises or trains of carriers of passen- gers, validity of statute prohibiting. 18-867. train service, validity of regulation of extent of service to be furnished by railroad. 1917B-1217. Cemeteries, burial of dead, validity of state or municipal regulations or re- strictions. 141085. crematories, state or municipal regula- tion. 1915C-807. refusal of privileges to applicant, right of cemetery corporation or associa- tion. 1914B-280. Charities, solicitation of funds for private charity, validity of statute or ordi- nance regulating. 1917D-1133. Cigarettes, forbidding smoking of cigar- ettes, validity of statute or ordi- nance. 1912D-191. importation, right of state to prohibit. 9-360. Civil rights, equal rights in places of public accommodation, validity of statutes. 9-69; 1912B-860. Closing hours, requiring place of business (other than liquor saloon) to close at certain hour, validity of statute or ordinance. 1915A-1097; 1918D- 200. Cold storage warehouse, public regulation. 1916A-534. Commission merchants, state or municipal regulation of commission merchants, validity. 1917B-631. Confession obtained by sweating, validity of statute prohibiting admission in evidence. 1915C-135. Confronting witnesses at trial, right of accused. 1-471. absent witness, admission of proposed testimony as violative of rights of accused. 1913C-490. depositions, admission as infringing rights of accused. 1916A-1091. language of witnesses, inability to un- derstand as infringing rights of ac- cused. 1913D-673. Contracts, repeal of constitutional provi- sion making contract void, effect on contract previously made. 1913C- 1398. CONSTITUTIONAL LAW Continued. Convicts, employment for convicts, va- lidity of statute providing for par- ticular kind. 1915C-976. goods made by convict labor, validity of statute requiring them to be so marked. 1913B-817. Corporations, blue sky laws, validity and construction. iyibA-706; 1917C-65Q. corporate debts, stockholder made li- able after bona fide transfer of stock, validity of statute. 1917A- 109. lien on stock in favor of corpora- tion, validity and effect in charter, statute or by law creating lieu. 1918D-368. subjecting corporation but not in- dividuals to damages, validity of statute. 1914B-975. Criminal law, adoption of state laws for places under federal jurisdiction, validity of statute. 21-946. depositions in criminal cases. 1916A- 1066, 1099, 1102, 1108, 1111, 1124. expert witnesses, validity of statute providing for appointment by court in criminal cases. 1912B-691. penalty or punishment not mentioned in title, validity of statute providing. 1912D-157. presence of accused during course of trial, waiver of right. 1913C-1146. recognizance of witness, validity of statute empowering court to require. 1912D-340. Damages, exemplary damages for act punishable as crime, validity of stat- ute authorizing recovery. 9-638. Damaging property, change of street grade as a damaging of property under constitutional prohibition against taking or damaging property without compensation. 10-849. Dancing, state or municipal regulation of dance-halls, validity. 1915C-1110. statutory regulation of dancing-schools or academies. 19-631. Decedents' estates, fixing probate or ad- ministration fees, validity of stat- ute. 1916C-213. CONSTITUTIONAL LAW. 167 CONSTITUTIONAL LAW Continued. Dentists, validity of statute requiring license taken out by previous prac- titioners as impairment of vested rights. 19-833; 1914B-399. Detectives, statutory regulation of private detectives. 1917A-584. Disorderly houses, confining bawdy- houses within designated limits, validity of statute or ordinance. 1914B-506. owner of premises, liability for use of premises for purpose of prosti- tution, validity of statute imposing. 1917A-459. Divorce, residence within state as pre- requisite to divorce, validity of stat- ute requiring certain period of resi- dence. 1916E-1110. service of notice on public official, validity of statute requiring. 1918D- 1098. Drainage, creation of drainage district, power of legislature. 1915C-9. sewage disposal, validity of statute or ordinance regulating. 1913D-61. Druggists, itinerant physicians or vendors of drugs, statutory regulation. 10- 401; 1913D-1242. statutory regulation of druggists or pharmacists, validity. 10-399. Elections, Australian ballot acts, validity. 4-144. ballots, validity and effect of statute requiring numbering. 6-969. candidate's name on official ballot, number of times may appear. 1913B- 177. classification of municipalities accord- ing to differences in population, validity of statute. 15-861. constitutional or statutory provisions relating to elections, applicability to primary elections. 16-251; 1913A 702; 1918E-79. contribution to expenses by person other than candidate, validity of statute regulating. 1918E-173. conviction of crime sufficient to sustain denial of right to vote. 15-103. expenses of candidate at primary or election, validity of statute requiring statement to be filed. 1915A-366. legalizing defective election, validity of statute. 1914B-461. CONSTITUTIONAL LAW Continued. majority or other proportion of voters, construction of constitutional or stat- utory provision requiring proposition to be decided by. 13-416; 1912D- 949. name not on official ballot, validity of statute providing person shall not be voted for. 1913D-614. nonpartisan ballot law, validity. 1915C - 504. preferential system of voting, validity of statute providing for. 1917C-482. primary election Taws, validity. 5568; 12-73; 1916B-594. registration of voters, validity of stat- ute providing for. 1913B-17. separate ballot for election of* par- ticular officer, validity of statute pro- viding for. 1913E-775. voters, legislative power as to defining qualifications. 7-665. voting machines, validity of use. 2- 840; 5-864; 9-275; 12-474. woman suffrage, validity of statutory or municipal authorization. 1915A- 802; 1918C-906. Electric company, furnishing lamps or other fixtures free of charge to con- sumers, validity of statute or ordi- nance requiring. 1913A-62. municipal regulation of rates. 1915D- 473. Electricians, state or municipal regula- tion. 1916E-694. Eminent domain, foreign corporation, power to exercise right. 1915C-929. notice to land owner of proceedings, validity of statute failing to provide for. 1913A-1256. school or other public lands, power of legislature to appropriate for irriga- tion purposes. 1914B-338. telegraph or telephone company, power to condemn railroad right of way under statute. 1917B-689. Employers' Liability Act, exemption of certain employments from its opera- tion, validity of statute. 1914D-404. federal Employers' Liability Act, valid- ity. 17-331. state statute regulating liability of employers, validity. 1916D-268. Employment agencies, validity of statute regulating. 5-326; 1914B-739; 1917C- 523. 168 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. Estates-tail, validity of statute barring or defeating. 1912B-62. Eugenics statute, validity. 1916B-1051. Evidence, conclusive evidence, validity of statute making proof of certain facts conclusive. 14-734. presumption as to validity of ordinance. 1916B-502. prima facie evidence, validity of stat- ute or ordinance making certain facts prima facie evidence. 6-746; 1912A- 465; 1916B-699; 1916C-1062. procurement of evidence by search and seizure, admissibility. 1915C-1182. Exemptions, extending or lessening ex- emption from execution, validity of statute. 1912B-259. homestead lands exempted from debts contracted prior to patent, validity of federal statute. 1912D-283. Explosives, keeping within municipal limits, validity of regulatory ordi- nance. 1918E-145. Extortion, validity of statutes designed to prevent extortion. 1-433. Fellow-servant doctrine, validity of stat- ute abrogating. 10-1113; 19-196; 1916D-268. Fences, assignment of division fences by fence viewers, validity of statute giving power. 8-426. railroad construction of fences and cattle-guards, validity of statutes requiring. 3-1S2. Firearms, validity of statute or ordinance prohibiting discharge in public places. 11-723. Fires, absolute liability of railroad for damage by setting fire, validity of statute. 16-941; 1918A-632. double or treble liability of railroad for damage by fire, validity of statute imposing. 1912C-703; 1916A-190. fire line along railroad right of way, validity of statute providing for con- struction. 1915B-1155. private buildings to be equipped with fire apparatus, validity of statute or ordinance requiring. 1916B-516. Fish and game, discrimination between persons or classes as to right to hunt game. 19-239. i federal statute protecting game, valid- ity. 1917D-654. CONSTITUTIONAL LAW Continued forfeiture or destruction of property used in violation of game laws, va- lidity of statutes authorizing. 8-902. game raised in captivity, right of state to regulate sale. 12-386. imported game, validity of statute pro- hibiting possession. 2-229. license for hunting game, validity of statute requiring. 1916C-134; 1918A- 145. lobster fishery, statutory regulation. 1913C-1135. -method of taking fish, validity of stat- ute regulating. 1917D-814. penalty for each piece of game unlaw- fully taken or in possession, validity of statute imposing. 3-15. summary destruction of fishing ap- pliances, validity of statute authoriz- ing. 1-950. Flag or other government symbol, use for advertising or commercial pur- poses, validity of statute prohibiting. 4-270; 10-528. Food and drugs, bread, validity of statute or ordinance regulating manufacture or sale. 17-617; 1914B-287. discrimination in sale of food, validity of statute prohibiting. 1913D-44. eggs, validity of statute or ordinance regulating sale. 1918A-181. exposure to sale, protection from flies, dust, etc., validity of statute re- quiring. 1912D-957. federal Pure Food and Drugs Act, validity. 21-1323; 1915A-45. ice-cream, validity of state or municipal regulation. 1917B-645; 1918B-1035. injurious ingredient of food prepara- tion, conclusiveness of legislative de- termination. 1914A-1157. lard or lard substitute, validity and construction of statute regulating sale. 1916B-1169. meat dealers, validity of statutory or municipal regulation. 1912B-510; 1917A-198; 1918D-533. milk, validity of statutes or ordinances regulating sale. 4-119; 5-911; 18- 321. net weight of food packages offered for sale, validity of statute regulating. 1916B-1169; 1916D-551. oleomargarine manufacture and sale regulation, validity of state statutes, 2-451; 17-1100; 1913E-413. CONSTITUTIONAL LAW. 169 CONSTITUTIONAL LAW Continued. opium or other narcotic, regulation of manufacture, sale or possession, va- lidity of federal statute. 1917D-856. receptacles used in selling milk, validity of statute or ordinance regulating. 14-703. seizure and destruction by state of food unfit for use without notice and hear- ing as contravening due process of law. 15-281. Foreign corporations, license tax or fee, validity. 3-632; 1913C-812; 1916C- 1248; 1918C-620. prohibition against foreign corporation suing in courts of state, validity of statute as to corporation engaged in interstate commerce. 1915C-165. removal of action brought against foreign corporation into federal court, validity of statute prohibiting. 6- 325; 1912C-1160. resident agent for service of process, validity of statute requiring appoint- ment. validity of statute regulating foreign corporations, right of foreign corpo- ration to question. 1913C-1287. Forestry legislation, validity. 1917A-5, 38. Fortune-telling, right to engage in. 1914A-900. Full crew act, validity. 1915B-162. Gaming, seizure and destruction of gam- bling apparatus, validity of statutes authorizing. 2-936; 13-454. Garbage removal, validity of ordinances regulating. 4-281; 19-1221; 1915C- 487. Gas companies, lamps or other fixtures to be furnished free of charge to con- sumers, validity of statute or ordi- nance requiring company to furnish. 1913A-62. state or municipal regulation of rates. 1917B-1026. Guardian and ward, appointment of guardian for aged person, validity of statute providing for. 1917A-874. Hacks, taxicabs or the like, municipal regulation other than taxation. 1914D-735. Hawkers and peddlers, crying wares or advertising them noisily in city CONSTITUTIONAL LAW Continued. streets, validity of ordinance pro- hibiting. 20-591. itinerant vender of drugs, validity of statute regulating. 10-401; 1913D- 1242. license tax or fee, what is reasonable. 1914D-938. ^prohibition against hawking or peddling by others than producers of goods sold, validity of statute or ordinance. 16-1030. restricting hawking or peddling within municipality, validity of statute or ordinance. 1916A-1238. transient merchants, validity of statute or ordinance regulating. 1917E-505. uniformity of license tax or fee, validity of statute with respect to. 1918E-109. Health, bathing in pond or stream, validity of statute, ordinance or health regula- tion prohibiting. 1913B-223. horses and cattle running at large along banks of streams furnishing inunicipal water supply, validity of ordinance prohibiting. 1917D-1094. pollution of stream, validity and con- struction of statute imposing penalty. 1914A-1180. * privies or out-of-door closets, validity of 'statute or ordinance regulating. 1916D-212. samples of medicine or other deleterious substance, validity of statute prohibit- ing distribution. 1915C-551. sanitary laws, validity. 1-442. Horse-racing, validity of statute licensing or regulating. 8-1016. Horseshoers, constitutionality of laws re- quiring special qualifications. 1-930. Husband and wife, abandonment of wifo or failure to support, validity of stat- ute making it crime. 1912B-280. Income taxes, federal income t ax ac t> validity. 1917B-721. levying income tax, .validity of statute. 21-197; 1913A-1180. personal income taxable under income tax statute. 1913C-984. Indians as subject to state regulation. 1914B-652. liquor sales to Indians, validity of stat- ute forbidding. 1912B-1090. Indictments, constitutionality of statute permitting amendment. 3-558; 1913A- 402. 170 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued, description generally of property subject of crime, validity of statute providing for. 1913E-217. felony prosecution by information, va- lidity of statute authorizing. 6-644. form of indictment, validity of statute presenting. 1918C-551, 569. Inebriates, compulsory commitment to asylum or other institution for treat- ment, validity of statute providing for. 15-964. Inheritance taxes, constitutionality of statutes. 1-30; 12-953; 1913D-757. conveyance in contemplation of or to take effect at death, valfdity of stat- ute levying succession tax. 1914D- 1183. Initiative and referendum as affected by general constitutional limitations. 1916B-820. self-executing provisions of constitution relating to initiative and referendum. 18-202; 1914C-1119. statute, other than local option law, effective only upon ratification by voters, validity. 20-652; 1918E-573. validity of state constitution or munici- pal charter provisions. 11-920; 1918D-604. Injunction authorized against commission of crime, validity of statute. 13-689. Innkeepers, licensing or regulating hotels, lodging or rooming houses or the like, validity of statute or ordinance. 1916C-290. official inspection of inns or hotels, validity of statute. 1912B-827. Insane persons, insanity as not consti- tuting defense to crime, validity of statute so declaring. 1912B-927. support of insane persons, validity of statute authorizing state to recover for. 1913A-580. Insurance, damages or penalty for refusal or failure to pay insurance loss, va- lidity of statute providing. 5-405; 14-301. delegation to officer or board regula- tion of insurance companies, validity of statute. 1918E-479. forfeiture of policy for immaterial false warranty, validity of statute prohibiting. 7-1107. CONSTITUTIONAL LAW Continued. standard fire insurance policy, validity of statute providing for. 6-91; 1915A-290. tax on fire insurance companies for fire protection purposes, validity of stat- ute or ordinance imposing. 17-261. Interest, discrimination between classes of contracts in matter of interest rates, validity of statutes. 7-478. Interstate commerce, shipment of goods out of state for packing or other preparation for sale, validity of stat- ute prohibiting. 1913D-1173. Intoxicating liquors, beverage declared in- toxicating irrespective of its actual character, validity of statute. 8-52. certain persons, validity of statute pro- hibiting sales to or frequenting saloons by. 3-325; 13-491. druggists, validity of statute regulat- ing use and sale of liquor by drug- gists. 10-401. -entrances to place of sale of intoxicat : ing liquors, validity of statute or ordinance regulating. 1916B-1021. federal license, possession as evidencing violation of law. 1918D-775, 792. forfeiture or destruction of liquors ille- gally kept, validity of statute. 2- 245. gift of liquors to another, validity of statute prohibiting. 13-736. licenses, limiting grant to residents or citizens of state, validity of statute. 16-1060. local option laws, validity. 1-378; 14- 1001; 1918E-874. nonintoxicating liquors, validity of statute or ordinance imposing license tax on business of selling. 1914C-841. nonresident soliciting orders, state reg- ulation as interference with inter- state commerce. 10-736. -particular locality, validity of statute prohibiting sales in. 8-258. . possession for personal use, validity of statute or ordinance prohibiting. 19- 163; 1916E-780; 1917E-695. prohibition territory, validity of stat- ute forbidding bringing liquor into. 14-569; 1917A-740. property leased for sale of liquors, sub- jecting to payment of fines, taxes, etc., assessed against lessee, validity of statute. 18-177. CONSTITUTIONAL LAW. 171 CONSTITUTIONAL LAW Continued. race distinction with respect to grant- ing liquor license or otherwise, valid- ity of statute. 1916E-170. saloons, limiting number in municipal- ity, validity of statute, ordinance or order. 1913E-365. sitting in and use of screens in saloon, validity of statute or ordinance reg- ulating. 5-382. transportation, state regulation. 1917A- 622. Webb-Kenyon Act, validity. 1915D- 1171; 1917B-852. Judgments, default judgment, entry au- thorized for failure to obey order to produce documents, validity of stat- ute. 15-655. joint tort-f easors, unfavorable judgment against one as bar in action in an- other state against other tort-feasor. 1913E-882. limitation of actions on foreign judg- ments, validity of statutes. 8-1125. non obstante veredieto, power of fed- eral court to enter. 1914D-1053. revival, statute prohibiting as impair- ment of obligation of contracts. 3- 1148. Judicial notice, requiring court to take judicial notice of certain matters, validity of statute. 1914D-542. Junk dealers, validity of statutory regu- lation. 16-722; 1914B-75; 1918E-198. Jury, court rule regulating right to jury trial, validity. 1914B-1184. deprivation of jury trial in lower court but provision for trial by jury on appeal, validity of statute providing. 1912C-1109. exempting certain classes of persons from jury service, validity of statute. 5-783; 1915A-1060. invasion of right to trial by jury, stat- ute regulating instructions on evi- dence as constituting. 1916A-1147. jury fees, validity of statute requiring prepayment or taxation as costs. 5- 930; 12-378; 1917B-308. libel and slander, power given jury to determine law and facts, construction of constitutional or statutory pro- visions. 1915D-1261. mechanic's lien foreclosure, right to jury trial. 1913B-283. CONSTITUTIONAL LAW Continued. nuisance, right to jury trial as to exist- ence of nuisance and damages. 3- 1043. number of jurors in criminal case, whether may be more or less than twelve. 1914A-872. partition proceedings, right to trial by jury. 21-1300. peremptory challenges, statute changing existing law as ex post facto. 1912B- 811. qualifications of jurors, legislative regu- lation as violating constitutional guarantee of right to trial by jury. 1912C-784. quieting title, guaranty of right to trial by jury as applying to actions to quiet title. 18-246. quo warranto proceedings, right to jury trial. 1914B-236. right of trial by jury, general scope of constitutional provisions guarantee- ing. 1-703. verdict by less than full number, valid- ity of statute providing for. 191 6E- 500; 1918D-690. violation of municipal ordinance, right of trial by jury. 4-507; 18-380. will contest, right to trial by jury. 15- 211; 1914B-557. Juvenile court statute, validity. 7-831; 1914A-1227; 1915D-701. Labor laws, child labor acts, validity. 9- 1108; 15-473; 1913E-339. discharge of union employees, validity of laws prohibiting. 1-939; 13-773. health or safety of employees, constitu- tionality of statutes providing for. 2-780. hours of labor, constitutionality of statutes limiting length of day's labor. 1-82; 3-1143; 9-208; 11-90; 13-959; 1912D-393; 1914D-1263; 1916C-1009; 1918A-1046. interstate commerce, state regulation re- specting labor or material to be used in municipal improvement as inter- ference. 3-309. minimum wage rate, private employ- ment, validity of statute. 1916A-225; 1918D-465. picketing, validity of statute. 1918E- 60. public work, statutory restriction of hours of labor. 1-46"; 10-721; 1912 A- 773. 172 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. railroad employees, validity of statute prescribing qualifications. 1915D-423. state statute regulating hours of labor as in conflict with federal statute on same subject. 1915D-142. store order acts, validity. 1-417; 14- 620. strikes, advertising for employees, va- lidity of statute requiring employer to state that strike exists. 19156-661. union label, validity of statute protect- ing use of. 1912D-373. union labor, validity of statute requiring public work to be done by. 1915D- 974. wages, minimum rate on public work. 1913E-990; 1915D-241. washroom and toilet for employees, validity of statutes requiring. 1915D- 991; 1918E-622. weekly rest day for employees, validity of statute requiring. 1916D-1058. women, regulating employment of adult females in other respects than number of hours of labor, validity of statute. 12-799; 1914D-533; 1916D-1065. Laundry regulation, validity of statutes and ordinances. 21-975. Legislature, committee to sit after ad- journment, power of legislature to appoint. 1916B-1147. investigating committee of legislature, general powers and privileges. 1916B- 1055. Licenses, attorneys, validity of tax on occupation. 1912A-599. auctioneers, validity of license tax or fee imposed on, 1915B-815. citizens of United States, validity of statute or ordinance confining license to engage in certain occupations to citizens. 11-516. exemption of veterans from license taxes, validity of statutes. 9-1005; 1915C-705. inspection fee levied under police power as occupation tax. 1913C-593. insurance agent or broker, validity of statute licensing. 1914B-260. omission of occupation from constitu- tional enumeration of taxable occupa- tions as affecting power to tax same. 19-270. owner of premises, license tax for ex- tracting mineral or turpentine there- CONSTITUTIONAL LAW Continued. from or cutting timber thereon, va- lidity of statute imposing. 1918A- 678. plumbers, validity of statutes imposing license taxes. 7-580; 18-181; 13- 1081. stationary engineers, validity of statute or ordinance licensing or otherwise regulating. 1915A-1017. uniformity of taxation requirement as applied to occupations. 2-325; 15- 986. vehicles for hire, privilege tax as violative of uniformity of taxation. 5-908; 14-545. Liens, special assessment, priority of lien over earlier incumbrance. 1913C- 1210. tax lien, validity of statute giving priority. 1913B-520. threshers' lien statutes, validity. 11- 1003. wage lien, priority of employees' stat- utory lien over prior mortgage. 4- 1027; 10-344. Limitation of actions, new limitation applicable to existing- causes, validity of statute as dependent on its reason- ableness. 8-525; 14-352. retroactive operation of statute of limi- tations, validity. 4-166; 1912A-1043. Lottery, statute prohibiting advertising as invasion of constitutional liberty of speech and press. 15-8. Market-stalls or stands in street, power of municipality to establish or license. 1914D-352. Martial law. 1914C-22. Master and servant, criminal liability of servant for breach of contract after receiving advances, validity of statute imposing. 7-959. discharge of servant, validity of statute requiring master to give reason. 18- 348. Mechanics' liens, foreclosure, validity of statute taxing attorney's fees as costs. 11-714; 1916D-1044. validity of mechanic's lien statutes. 4- 620; 1912C-339. Medicine or other deleterious substance, validity of statute prohibiting dis- tribution of samples. 1915C-551. CONSTITUTIONAL LAW. 173 CONSTITUTIONAL LAW Continued. Mercantile agencies, statutory regulation. 1916D-749. Monopolies, constitutionality of statutes designed to prevent monopolies and trusts. 6-846; 8-721; 18-1154. exclusive rights or privileges, validity of grant. 1-847. Motor boats, statutory or municipal regu- lation. 1915C-1139. Motorcycles, statutory regulation. 1917A- 218. Moving pictures, fire inspection of moving- picture shows, validity of statute pro- viding for. 1915C-1214. statutory regulation, validity. 1913E- 1306; 1915B-1186; 1916C-301. Municipal corporations, annexation and consolidation of municipalities, valid- ity of special legislation. 3-499. charter, amendment or adoption of new charter, validity of statute conferring power on municipality. 1913C-788; 1918E-580. classification according to differences in population, validity of statute. 15- 856. commission form of municipal govern- ment. 1912C-999; 1915A-1217; 1917C- 1103. contract for payment of indebtedness through term of years as valid where aggregate exceeds debt limit. 7-150; 1913B-1177. corporate privileges or powers conferred by special law, applicability to munici- pal corporations of constitutional pro- hibition against special laws. 9-1172. creation of new municipality only by ratification of voters within territory affected, validity of statute. 1914C- 626. debt limit, interest on municipal bonds as factor in determining whether debt limit is exceeded. 17-1243; 1918B- 598. election of officers, power to elect in method other than that prescribed by general laws. 1915B-126. exemption of municipality from liability for defect in street in absence of notice, validity of statute. 1913A- 693. fuel, power of municipality to engage in business of furnishing to in- habitants. 1916C-742. CONSTITUTIONAL LAW Continued. ice, power to operate plant for furnish- ing to inhabitants. 1916C-1287. inflammable material, right of munici- pality to prohibit accumulation within limits. 1913E^35. lighting plant, power to construct or purchase. 1916B-523. local self-government, powers conferred on municipality by grant. 1914D-969. mob violence, validity of statute making municipality liable for injuries caused. 6-268; 14-1133; 1913B-1351. negligence in respect to condition of streets and highways, validity of stat- ute relieving municipality from liabil- ity. 18-289; 1913D-1309. notice to municipality of defect in street or highway as condition precedent to liability, validity of statute or ordi- nance requiring written notice. 16- 172. ordinance, validity of ordinance passed in violation of rule of municipal coun- cil. 1914D-1199. presumption and burden of proof as to validity of ordinance. 1916B-502. reasonableness of ordinance as question of law or fact. 1914B-204. snow on sidewalk, validity of ordinance requiring citizens to remove. 4-238; 13-705. statute and ordinance covering sama ground as affecting, validity of latter. 4-2; 13-799; 1912D-677. telephone system, power of municipality to construct and operate. 1918A-380. two or more political bodies wholly or partly coincident in territory as sepa- rate bodies for purposes of constitu- tional debt limit. 1912C-449. tunnel under street, power of municipal- ity to permit private citizen to con- struct. 1916B-750. Names, authorizing change of name by individual, validity of statute. 1917A-437. Naturalization of aliens, validity of state legislation. 1912A-817. Newspapers, report of criminal execution, validity of statute prohibiting publi- cation. 10-353. statute declaring publication nuisance as infringing constitutional liberty of speech and press. 15-9. 174 INDEX TO THE NOTES, I ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. Nursing, state regulation of practice. 1917C-1S8. Oil, petroleum products, statutory regula- tion of sale. 18-783; 1917A-167. Owner of premises made liable for water or light furnished to tenant or for- mer owner, validity of statute, ordi- nance or regulation. 7-1017; 11- 241. Parades, regulating parades or proces- sions, validity of statute or ordi- nance. 1916D-847. Parks in municipalities, authority of state to regulate or control. 1912A- 1069. Patent rights, validity of statute requir- ing note to show consideration. 5- 426. Pawnbrokers, state or municipal regula- tion. 1913D-1281. Penalty or punishment not mentioned in title, validity of statute. 1912D- 157. Pensions, Civil War veterans, state pen- sion, bounty or aid, validity of stat- ute granting. 1913B-951. confederate veterans, validity of stat- utes. 1915C-282. municipal employees, validity of stat- ute or ordinance providing for. 1912C-545; 1917C-1140; 1918D-454. Peonage, constitutional and statutory provisions concerning peonage. 3- 321; 14-1118; 1915B-498. Physicians and surgeons, advertising, statute prohibiting under assumed name as violating constitutional liberty of speech and press. 1915B- 1186. Christian science or other drugless treatment of disease, validity of spe- cial regulation. 1917B-798. licenses, requiring previous practi- tioners to take out licenses, validity of statute as impairing vested rights. 5-1005; 19-833; 1914B-399. ocular diseases, special regulation of persons treating. 1917B-803. regulation of practice of medicine, validity of statute or ordinance. 7- 157. * revocation of licenses of physician or surgeon, validity of statute authoriz- ing. 7-752; 1912A-634; 1915D-1194. CONSTITUTIONAL L^W Continued. Poison, possession by others than dealer, licensee, etc., validity of statute pro- hibiting. 1912C-972. Police, creating metropolitan police, validity of statute. 8-1102; 1917D- 1112. Poolroom regulation as exercise of police power. 2-71. Postal laws, carriage of mailable matter over post routes otherwise than in mails, validity of prohibitory stat- ute. 21-703. liberty of speech and press as violated by statute regulating matter sent by mail. 15-9; 1915B-1186. Prisons, board or officer authorized to transfer prisoners from one place of confinement to another, validity of statute authorizing. 1914A-1253. Process, constructive service on nonresi- dent or unknown claimant of land, validity of statute providing. 1914D- 677. designation of particular kind of agent for service of process on foreign corporation, validity of statute re- quiring. 1916E-339. foreign corporation, resident agent for service of process, validity of statute requiring appointment. 6-42. nonresident partnership, validity of statute providing for service on agent. 1916D-813. partnership, service on single partner as binding firm, validity of statute. 20-1242. personal judgment on service of process on resident outside of state limits, right of state to authorize. 191 2D- 695. publication, validity of service by in action for partition. 1916E-1002. substituted service in action by leav- ing summons at defendant's residence or last or usual place of abode, con- stitutionality. 1913A-1188. Prostitution, white slave traffic act, va- lidity. 1913E-909; 1917B-1177. Public officers, anti-nepotism law, validity and construction. 1917D-735. appointment, validity of statute impos- ing appointing power on judges. 8- 599; 10-436; 18-1189- civil service statutes, validity. 1913B- 1005. CONSTITUTIONAL LAW. 175 CONSTITUTIONAL LAW Continued. compensation, applicability of constitu- tional prohibition against change of salary during term where new duties are imposed after taking office. 18 403. consecutive service, validity of statute limiting. 1918E-358. de facto officer, election or appoint- ment under unconstitutional statute as creating. 1915C-498. entering employ of corporation, validity of statute prohibiting public officer. 1912C-1067. estoppel to deny validity of statute by accepting compensation thereunder. 1917C-284. official bonds, fund for bonding of officers, validity of statute establish- ing. 1918A-603. political activity by public officer, va- lidity of statute prohibiting. 1915A- 558. political belief as affecting eligibility to office, validity of statute. 1915A- 594. premium on official bonds, validity of statute providing for payment by state, county, etc. 1913D-715. recall of public officers, validity of statute providing for. 21-308; 1916A- 1155, 1160; 1918D-878. release of surety on official bond from liability, validity of statute. 1912A- 73. surety companies, authorization as surety on official bonds, validity of statutes. 2-487. term of office, right of legislature to extend term fixed by constitution by providing that occupant may hold over until successor qualifies. 21- 58. two offices at same time, right to hold. 1915A-525. Public printing, work to be done within state, validity of statute requiring. 1913A-82; 1918B-958. Public property, use for religious wor- ship, power of public authorities to authorize or refuse. 1914B-303. Public Service Commissions, commuta- tion rates, validity of order of com- mission regulating. 1917B-1153. construction or extension of public utility, validity of statute conferring CONSTITUTIONAL LAW Continued. power on commission to determine necessity. 1916E-299. electric wires, power of commission to prevent maintenance in close prox- imity. 1918B-847. ^-eminent domain, validity of statute conferring on commission jurisdiction of proceedings. 1916C-420. mileage tickets, validity of order of commission regulating manner of using. 1915A-1031. particular class of service, power of commission to compel carrier to fur- nish. 1917B-1160. railroad commission, validity of stat- ute creating commission which ex- empts from its operation certaiu railroads. 1914A-1168. rates for public service corporations, validity of statute conferring on commission power to fix. 14-614; 1917C-57. running time of trains, power of com- mission to regulate. 1916D-1034. side-tracks, power of public service commission to compel railroad to build. 1915D-210. Sunday trains, validity of order of commission requiring operation. 1917B-1205. switching charge, regulation by state or railroad commission. 1914B-366. test order, power of commission to make. 1917E-794. Public utilities, minimum rate to be charged, validity of regulation fix- ing. 1916A-933. rates, power of courts to fix or regu- late. 9-823; 1916B-289. relief from obligations of charter, power of municipality by ordinance to relieve. 1914D-1071. Railroads, automatic device for bell-ring- ing, validity of statute requiring rail- road to equip locomotives. 1914D- 1289. crossings at new highways, validity of requirement that railroad shall con- struct and maintain without compen- sation. 8-1056; 20-1208. depot in every city, town or village along line, validity of statute requir- ing railroad to maintain. 1912A-227. eight-hour day and minimum wage for interstate railroad employees, valid- 176 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. ity of statute establishing. 1918A- 1043. . fellow-servant doctrine, kind of rail- road intended by constitutional or statutory provision abrogating doc- trine as to railroad employees. 1912D-648. grade crossings, validity of statute em- powering municipality to abolish. 1915A-76. lights at street crossings, power of mu- nicipality to require railroad to main- tain. 1912D-403. side-track to private establishment at own expense, validity of statute re- quiring railroad to build. 18-981. state regulation as interference with interstate commerce. 1917A-973. Recording acts, constitutionality with re- spect to pre-existing instruments. 5 258. Residential districts, establishment and prohibiting carrying on of business therein, validity of ordinance. 1914A- 132. retail stores in district, validity of ordinance prohibiting. 1915A-294. segregation of colored and white per- sons in different districts, validity of statute or ordinance providing. 1915B-964; 1916E-1157; 1917B-155; 1917D-1127; 1918A-1207. Scalping theater tickets, validity of stat- utes prohibiting. 9-749. Schools, classifying se'hool districts, with different provisions for different classes of districts, validity of stat- ute. 1913E-1331. compulsory attendance at public schools, validity of statute. 1912A- 373. funds, power of legislature with respect to expenditure. 1917C-917. health regulation relating to school children, validity. 1917A-765. normal school, establishment as within general power of state to establish schools. 1912B-1365. religion, teaching religious doctrines in public schools. 2-522; 19-234; 1916A- 812. salary of school teachers, validity of statute fixing minimum. 1916E-420. secret societies among students, valid- ity of statute or other prohibition. 1916E-527. CONSTITUTIONAL LAW Continued. sectarian religious garb, wearing by teacher in public school. 6-435; 1912A-428. separate school district within munici- pality as subject to regulation by latter. 1915B-1042. text-books used in public schools, valid- ity of statutory regulation. 1912B- 476. transportation of pupils to and from school, validity of statute providing for. 1912C-762; 1916E-1097. vaccination, compulsory vaccination of pupils. 1-336; 10-882; 14-945. Second-hand clothes, bedding, or the like, state or municipal regulation of use or sale. 1917C-1068. Sentence and punishment, asexualization, validity of statute. 1914B-515. commutation of sentence, validity of statute conferring power on board. 4-1111; 20-479. cruel and unusual punishment, what constitutes. 19-725. habitual criminals, validity of statute prescribing special punishment for prior offender or habitual criminal. 18-923. Sheriffs and constables, percentage of amount collected for selling property, validity of statute allowing as com- pensation. 1913B-1299. Ships and shipping, limitation of vessel owners' liability, validity of statute. 1913D-1224. Slaughter-houses, statutory regulation. 18- 470; 1915C-245. Slavery or involuntary servitude, statute authorizing state to bind out infant to service as within constitutional provision against. 9-402. Smoke ordinance or statute, validity. 2- 582; 13-1200;. 1918B-173. Special assessments, assessment in excess of benefits, validity. 3-11. - attorney' fees in action for collection, validity of statute providing for re- covery. 11-811; 1912A-692. front-foot levy instead of according to benefit, validity. 1913A-655; 1916B- 194; 1918D^32. personal liability imposed on abutting owner for special assessment, validity of statute. 17-1255. CONSTITUTIONAL LAW. 177 CONSTITUTIONAL LAW Continued. rural highway, assessing cost of con- struction or repair on land benefited, validity of statute. 1913D-550. water-pipes in street, right to levy as- sessment against abutting property for laying. 5-905. States, suit to enjoin enforcement of stat- ute by state officer as suit against state within constitutional prohibi- tion. 14-791. torts, liability of state for torts of its officers. 1913E-1038. Statutes, construction of constitutional provisions relative to titles of stat- utes. 1915A-79. directory or mandatory provision, con- stitutional requirement as to form of enacting clause. 14-813. enacting clause, effect of omission. 1916A-520. impeachment of statute by reference to legislative journals. 1918D-253. local statutes, validity of enactment. 6-926. ministerial officer's right to question validity of statute. 2-81; 1912D- 152; 1918D-1199. objection to constitutionality of statute or ordinance, who may raise. 19- 175; 1915C-57. partial invalidity of statute, effect. passage of legislative bills by vote of yeas and nays, what constitutes within constitutional provision re- quiring. 16-977. ratification of voters essential to tak- ing effect, validity of statute other than local option law. 20-652; 1918E-573. repeal or amendment of repealing stat- ute, effect as reviving repealed stat- ute. 1918B-281. signature of presiding officer to legis- lative enactments, necessity of. 4 905. special or extra session of legislature, validity of statutes passed. 21-409; 1915C-475. statute inoperative because of conflict with federal law, necessity of re- enactment after change in federal law. 19-606. title more comprehensive than act, validity of statute. 1912A-102. Index to Notes 12 CONSTITUTIONAL LAW Continued. validation of unconstitutional statute by amendment. 4-920. Stock exchange, rule with respect to seat of insolvent or defaulting member, validity. 1916E-879. Street railways, fenders, validity of stat- ute or ordinance requiring cars to be equipped with. 1912B-846. new line, right of municipality to com- pel construction. '1913D-142. routing of cars, regulation of. 1912B- 1024. safety brakes, validity of ordinance re- quiring equipment. 1913B-660. stopping cars at certain points, power of municipality to require. 1914IX- 1092. transfers, selling or giving away, valid- ity of statute or ordinance prohibit- ing. 11-557. vestibule, seat, or other convenience or protection for motorman, validity of statute or ordinance requiring. 1914D- 616. watering tracks, validity of statute or ordinance requiring. 1912B-1139; 1915D-967. Streets and highways, assemblage of per- sons idly on street, validity and con- struction of ordinance forbidding. 1912B-1185. business vehicles, validity of ordinance prohibiting use. 1916E-969. grade crossings, validity of statute em- powering municipality to abolish. 1915A-76. law of road, right of way in streets given particular vehicles, validity of statute. 1915A-93. private street in municipality, validity of ordinance fixing width. 1912A- 615. speed of vehicles in streets and high- ways, validity of statute or ordinance regulating. 3-495; 11-728; 1916E- 1067. width of tires on vehicles, validity of statute or ordinance regulating. 21- 1222. Sunday laws generally, validity. 12 1096; 1913E-935. failure to except persons observing seventh day of week as affecting validity of statute. 7-934. 178 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONSTITUTIONAL LAW Continued. particular occupations subjected to Sun- day law, validity of statute. 1-93; 10-1016; 14-141; 1915-200; 191SE- 1170. running trains on Sunday, statute pro- hibiting as interference with inter- state commerce. 7-8; 13-147. Taxation, appeal to courts from amount of assessment, validity of statute 'con- ferring right. 14-165. assessment based on fixed per cent of value, validity of statute providing. 1915D-446. direct tax, what is, within meaning of federal constitution. 1912B-1328. dog taxes, validity of ordinance impos- ing tax on privilege of keeping dog. 1912D-879. exemptions, power of municipal corpora- tion to grant. 1918E-1088. exports, tax on marine insurance policy on exports as constituting tax on, articles exported. 1915D-1090. farming lands within municipal limits validity of statute exempting. 1912A- 347. ferry, state taxation as regulation of interstate commerce. 1914B-684. foreign corporation, liability of shares of stock within state to taxation. 1916C-829. interest on delinquent taxes, validity of statute imposing. 16-473. judgments, validity of statute imposing tax. 1912C-1176.. legislative assessment, validity of direct Assessment by legislature. 11-720. lien for taxes, validity of statute giv- ing priority. 1913B-520; 1917A-1079. money loaned on mortgage security, validity of exemption. 1916E-757. municipalities, classification for tax purposes according to differences in population, validity of statute. 15- 860. orders for foreign goods or services, state taxation of business of taking orders as attempted regulation of in- terstate commerce. 1916B-496. ordinance of municipal corporation levy- ing tax, validity. 21-199. parsonage or residence of minister, priest, etc., constitutionality of stat- ute exempting from taxation. 11 1104. CONSTITUTIONAL LAW Continued. poll tax statutes, validity. 12-317; 1917E-1208. realty situate in more than one taxing district, validity of tax statutes. 18- 713. restriction on exercise of rights by de- linquent taxpayer, validity of statute imposing. 1916D-1099. sales of goods of foreign country, power of state to discriminate against goods by taxing sales. 5-880; 7-591. state or municipal bonds, liability to taxation by state. 8-27; 12-350; 1914B-1163. tax lien of municipality, validity of statute providing for sale. 1913C- 964. title acquired by possession under tax deed valid on face for period of stat- ute of limitations protecting tax title, validity. 16-1144. uniformity, classification of subjects of taxation as affected by constitutional requirement. 1-638. Taxicabs, hacks or the like, municipal regulation other than taxation. 1914D- 735. Telegraphs and telephones, damages for mental anguish, validity of statute permitting recovery from telegraph company. 1913C-865. messages, negligent handling, state stat- ute penalizing as regulation of inter- state commerce. 2-513; 21-819; 1918C-1039. tax on telegraph company, statute or ordinance imposing tax as interfer- ence with interstate commerce. 1914A-987. telephone rates, validity of statute or ordinance regulating. 1912D-308. use of streets by telegraph or telephone company, validity of tax as depend- ing on amount. 16-343. Tenement house manufacture of clothing, validity of statutes regulating. 1- 747. Theaters and amusements, fire and police protection of theater or other place of amusement, right to compel pro- prietor to furnish at own expense. 20-361; 1916A-1183. Ticket brokerage, validity of statutes pro- hibiting. -873; 8-649. CONSTITUTIONAL LAW. 179 CONSTITUTIONAL LAW Continued. Tips, validity of Anti-tipping Act. 1918D- 238. Tobacco, smoking in public place, validity of statute or ordinance forbidding. 1915A-1058. Torrens Acts, validity. 12-834; 1913C-871; 1918E-184. Trading stamps, validity of statute licensing. 1-48; 12-528; 1915A-375; 1916A-212; 1917B-464; 1918D-713. . Trees and timber, license tax on owner for extracting turpentine or cutting timber, validity. 1918A-678. regulation by state of cutting of trees on private lands, validity. 13-749. Trial, providing for separate trial of issues in case, validity of statute. 1913B-267. Trusts, investment of trust funds in private corporate stock, validity under constitutional provisions. 16 72. Tuberculosis hospital, validity of legisla- tion providing for establishment. 1915C-315. Undertakers or embalmers, statutory reg- ulation. 1913A-1252. Usury, criminality, validity of statute de- claring taking of usury as criminal offense. 5-386; 1912C-828. denial of usury defense to corporations, validity of statute. 14-115. exempting building and loan associa- tions from usury laws, validity of statute. 2-996; 20-1252; 1916E-232. Vaccination, compulsory, validity of law. 1-336; 10-882; 14-945. Vagrancy statutes, validity. 21-478. Venue, change in criminal actions on application of state or court's own motion, validity of statute providing for. 3-197. constitutional right of party defendant to be sued in county of his residence. 1912C-614. offense committed partly in one county and partly in another, validity of statute fixing venue. 4-1194. prosecution of offense in county other than where committed, validity of statute authorizing. 19-1236. Veterans' preference laws, validity. 1- 291; 9-1049; 1914D-725. CONSTITUTIONAL LAW Continued. Vital statistics, registration of births and deaths, validity of statute requiring. 1912C-686. Wages, assignment of unearned wages, constitutionality of statute declaring invalid except under prescribed con- ditions. 1913B-531; 1917A-760. time of payment of wages, validity of statutes regulating. 9-238; 13-482; 1916B-135. War, compulsory military service. 1917C- 812; 1918B-863; 1918D-100. expatriated person as constituting alien enemy. 1916D-306. nature and scope of war power. 1918B-1009; 1918D-1105. Waste, prevention of waste of natural gas, petroleum or water by private owner, validity of statutes. 4-213; 16-1001; 1912C-165. Water company, meter, right to compel customer to pay for meter as condi- tion to supplying water. 1915C-1198. Waters and watercourses, dredging through land under water held by private owners, right of government. 1915A-284. exclusive control over navigable stream, validity of legislative grant. 1915D- 69. navigability, power of legislature to declare. 1912D-1091. pollution of stream, validity of statute imposing penalty. 1914A-1180. sand, gravel or like, right to take from bed of navigable stream. 1916B-559. title to land under navigable water, power of state to grant. 1918B-1107. Wayward children, commitment to insti- tutions or to proper guardianship without jury trial, validity of stat- utes providing. 5-96; 14-819. Weights and measures, fraud, validity of legislation for prevention. 1912C-251; 1918D-156. minerals which are mined by employees by weight, validity of statutes reg- ulating weighing. 11-74. public weighing, validity of ordi- nance requiring. 1915D-1073; 1912C- 251; 1915D-1073; 1917E-877. White Slave Traffic Act, validity. 1913E- 909; 1917B-1177. effect of federal statute on state legis- lation. 1915D-1020. 180 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. l'918E'. CONSTITUTIONAL LAW Continued. Witnesses, abridging privilege of witness by statute. 2-177; 17-128. demand on accused in presence of jury to produce incriminating evidence as violation of constitutional privilege. 1912D-261. determination of incriminating char- acter of answer called for as matter for court or witness to decide. 5- 41; 11-1079; 12-661. indictment or information based on testimony of accused as violative of constitutional privilege. 6-606; 1914C- 418. necessity that witness claim exemption from self-incrimination in order to be entitled to immunity from subsequent prosecution. 1915R-399. production of books of private corpora- tion by person whom they may in- criminate, power of court to compel. 1912D-569. -waiver of privilege by accused testify- ing in own behalf. 2-247; 11-822. Women, right of woman to be notary public. 1917D-534. Workmen's Compensation Act, validity. 1912B-174; 1915A-247; -1916B-1286; 1917D-637, 641, 650; 1917E-401, 839; 1918B-611. CONSTRUCTION WORK. See Building aad Working Contracts; Mechanics' Liens. Federal Employers' Liability Act as pro- tecting railroad employees engaged in construction and repair work. 1914C-156, 167; 1916E-476; 1918B-59, 70. Specific performance of contract for con- struction work. 9-160. CONSTRUCTIVE DELIVERY. See Frauds, Statute of. CONSTRUCTIVE EVICTION. See Landlord and Tenant. CONSTRUCTIVE NOTICE. See Notice; Recording Acts. CONSTRUCTIVE SERVICE. See Process. CONSTRUCTIVE TOTAL LOSS. See Marine Insurance. CONSULS. See Ambassadors and Consuls. CONSUMMATION OF CONTRACT. See Contracts. CONTAGIOUS DISEASES. See Health. Infected premises, duty of landlord to in- form tenant. 1-679. Municipal hospital as nuisance. 6-823. CONTEMPORANEOUS IN- STRUMENTS. Construction together. 5-149; 1914A-318. CONTEMPORARY STATUTES. Construction together of contemporary statutes in pari materia. 1915A-186. CONTEMPT. 1. Classification of Contempts. 2. Power to Punish. 3. Conduct Amounting to Contempt. 4. Defenses. 5. Procedure. , 6. Disabilities of Contemnor. 7. Liability for Exercise of Power. 1. Classification of Contempts. Civil and criminal contempt, distinction between. 21-907; 1916B-959. Corporation, criminal liability of corpora- tion for contempt. 1916C-463. "Presence of court," when contempt com- mitted in. 17-220. Prosecution for contempt as criminal pro- ceeding within rule as to jeopardy. 1912B-1008. 2. Power to Punish. Act punishable by statute, power of court to punish as for contempt. 1915B- 157. CONTEMPT. 181 CONTEMPT Continu e d. Board of public officials, power to punish for contempt. 1912B-1265. Chambers or in vacation, power of court to punish, for contempt. 1913B-35. Judgment for specific performance of con- tract to sell realty as enforceable by contempt process. 1912C-780. Justice of peace, power to punish witness for contempt. 9-316. Juvenile court, power to punish contempt. 1916E-1014. Legislative regulation of power of court to punish for. 16-759. Legislature or legislative committee, power to punish witness. 7-877; 1916B-1118. power to punish person other than wit- ness. 1918B-378. Magistrate, power to punish witness for contempt. 9-316. Order of one court, violation as subject to punishment by another court. 11- 1037. Restitution of property received under judgment as enforceable by contempt proceedings. 1913E-1004. 3. Conduct Amounting to Contempt. Appellate court, removal or destruction of subject matter of litigation pend- ing appeal as contempt of appellate court. 1912A-516. Attempt to deceive court as constituting contempt. 1912B-1310. Attorney practicing law without license as contempt. 1917B-1200. Bankrupt, failure to turn over property as contempt. 20-889. Briefs, scandalous or disrespectful lan- guage incorporated in brief as con- tempt of court. 9-168. Divorce, remarrying in foreign jurisdic- tion after decree of divorce forbid- ding remarrying as contempt of court. 1914A-1175. Drunkenness in presence of court as con- tempt. 1913B-282. Fighting in court as contempt. 1912A- 581. Grand jury, criticism of grand jury as contempt of court. 1912A-165. CONTEMPT Continued. disclosure by grand juror of proceed- ings of grand jury as constituting contempt. 15-257. Injunction, dissolution, right to punish violation thereafter. 1915D-1010. illegal order, disobedience as contempt. 1-121. violation by person not party to suit as criminal contempt. 3-28; 20-118. Judge in performance of ministerial duties, publication or statement re- flecting on as contempt. 15-658. Jury tampering, attempt to bribe or in- fluence juror as contempt. 15-747. Obstruction of process, aiding, procuring or advising disobedience to subpoena as contempt. 18-319. evading service of subpoena as con- tempt. 1916E-264. service or execution of process, ob- structing or delaying as contempt. 1913A-909. Publication of evidence taken in suit heard in camera as contempt. 1912B-542. pendency of cause as essential element of contempt by publication in news- paper. 3-763; 18-664. Sheriff, permitting lynching of prisoner as punishable contempt. 19-891. Witnesses, disobedience of rule excluding witnesses from courtroom as con- tempt. 9-371. evading service of subpoena as con- tempt. 1916E-264. power of magistrate or justice of peace to punish witness for contempt. 9- 316. 4. Defenses. Disclaimer of intent as defense to charge of contempt by newspaper publica- tion. 13-503. Good motive of person enjoined as de- fense to liability for breach of in- junction. 1913D-375. Inability to comply with order or decree as defense to charge. 15943. Purgation by oath of denial. 8-267. Truth of newspaper publication as jus- tification or defense to charge. 10- 692. 182 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONTEMPT Continued. 5. Procedure. Generally. Affidavit on information and belief, suffi- ciency to support proceedings. 14- 1042; 1916B-959. Constructive contempt, proof in prosecu- tion for. 4-183; 8-267; 11-532. Costs and counsel fees, imposition in contempt proceeding. 1913B-565. Cruel and unusual punishment for con- tempt, what constitutes. 19-731; 1918B-398. Federal court procedure in contempt. 1915D-1048. limitation of time to institute contempt proceeding. 1915D-1052. newspaper publication, power of federal court to punish. 1917C-1093. review of contempt proceeding. 1915D- 1060. Findings of fact in proceeding, duty of court to make. 1913A-957. Hearing, necessity for allowance before imposition of punishment. 1916A- 727. Imprisonment, enforcement of fine im- posed by imprisonment. 1912D-1339. term for civil contempt. 6-535. woman, imprisonment as violation of constitutional or statutory provision against imprisonment for debt. 8- 56. Jury trial, right to in contempt proceed- ings. 1913D-458. Eight of accused to be present in court when sentenced for contempt. 11- 813. Review. Appealability of judgments under appeal statutes. 3-759, 1050; 17-321. Certiorari to review proceedings. 1914D- 216. Habeas corpus proceedings as mode of re- view of error in commitment. 11- 1056. Judgment after final decree in cause as reviewable on appeal from such de- cree. 1915B-1069. CONTEMPT Continued. 6. Disabilities of Contemnor. Crime for conviction of which witness may be impeached, contempt as. 1916A-276. Disabilities of person in contempt of court. 2-463; 8-841; 21-453. 7. Liability for Exercise of Power. Judge, civil liability for false imprison- ment in arrest and commitment for contempt. 4-330. Justice of peace, civil liability for arrest and commitment for contempt. 1914C-1167. CONTENTS. Meaning of term as used in will in con- nection with property bequeathed or devised. 1916C-1139. CONTESTS. See Elections; Wills. CONTIGUOUS. Meaning of term. 1918E-798. CONTINGENCY. Contract dependent on contingency for performance within year as within statute of frauds. 4-174; 1916E- 1136. CONTINGENT ADVAN- TAGE. Element of compensation in eminent do- main. 1914B-512. CONTINGENT CLAIMS. Validity of conveyance as against cred- itor holding contingent claim. 1914D-764. CONTINGENT REMAINDERS. See Remainders and Reversions. CONTINUANCE CONTRACTORS. 183 CONTINUANCE. CONTRABAND OF WAR. Absence of counsel as ground for con- Persons, inclusion as contraband of war. tinuance of trial. 1913C-431. 15-241. Alien enemy, right to continue suit. 1917C-207, 227; 1918C-720. Amendment iof pleading as ground. 1914A-1268. Criminal case, avoiding continuance by admitting proposed testimony of ab- sent witness. 1913C-488. diligence in taking deposition for de- fense as affecting right. 1916A- 1089, 1108. prejudicial newspaper publication as ground. 1918A-449. Divorce cases. 1914B-359; 1918B-1087. Garnishment, pendency as working sus- pension or continuance of subsequent action against garnishee by principal defendant. 9-479. Terms, imposition on granting. 1913A- 306. Time as computed by exclusion or inclu- sion of Sunday or holiday. 1917E- 938. CONTINUING GUARANTY. See Guaranty. CONTINUING OFFENSES. Recovery of cumulative penalties under penal statute. 1912A-820. CONTINUING TRESPASS. Injunction as remedy for continuing or re- peated trespass. 15-1235. CONTINUOUS PUBLICA- TION. Publication of notice under requirement of certain number of days as re- quiring continuous publication. 1912B-1276. CONTINUOUS SERVICE. See Master and Servant. CONTRACT LABORER. Workman within English Compensation Act. 1913C-30. CONTRACTORS. Se.e Assignments; Building and Working Contracts; Independent Contractors; Mechanics' Liens. Attachment at suit of creditor, of ma- terials furnished to be used in con- struction of building. 1913A-876. Bond of property owner, right of one furnishing labor or material to sue on. 1916A-754, 767, 773. loan of money to contractor as giving right to recovery on contractor's bond. 1918D-351. Building contract, right to rescind for failure of owner to make payment. 1916C-54. Contribution against contractor by owner who has responded in damages for negligence of contractor. 2530. Default of contractor as affecting lien of subcontractor, materialman or work- man. 17-116. Extra work ordered by architect, but not ordered in express manner provided by working contract, right to recover for. 7-213; 17-81. Insurable interest in building under con- struction. 1915B-1099. Logger's lien for services. 1916C-202. Mechanic's lien, foreclosure, principal contractor as necessary or proper party. 1918B-6, 41. statute giving laborers liens as includ- ing contractors. 1913B-139; 1915D- 931. Negligence in construction, liability of contractor to third persons. 1-756. Public improvements, failure to comply with contract as affecting right to recover from municipality. 1912D- 419. interference with pipes laid under street, liability of contractor. 6- 390. 184 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONTRACTS. 1. In General. 2. Capacity or Authority to Make. 3. Formation. 4. Conflict of Laws. 5. Consideration. 6. Construction. 7. Validity. 8. Implied Contracts. 9. Excuses for Nonperformance. 10. Remedies of Parties. 11. Damages. 12. Impairment of Obligation of Con- tracts. 13. Public Contracts. 1. In General. Affirmance of fraudulent contract, what constitutes. 1-912. Agency, contract involving personal trust and confidence in agent, right of undisclosed principal to enforce. 15-238; 1912C-907. liability of agent on his unauthorized contract. 3-219; 1915D-722. right of agent of undisclosed princi- pal to sue on contract in own name. 6-556; 1917A-454. usurious contract by agent as binding principal. 1916C-327. Alien enemies, contract rights. 191 7C- 195, 232; 1918C-713; 1918D-601. Alteration of instruments, detaching con- tract or memorandum attached to promissory note, effect. 1917E-603. Amusement contracts. 1914B-2; 1917C- 391. Arbitration and award, contract provid- ing for arbitration, power and duty of court where arbitration proves abortive. 1914D-486. Assignment, contract not to engage in similar business, assignability. 16- 261. element of personal trust and confi- dence as affecting assignability of executory contract. 1-853; 15-370; 1915D-291. misrepresentation of party to contract as available to assignee. 1912A- 1124. CONTRACTS Continued. municipal contract, validity and en- forceability of provision forbidding assignment. 1912A-363. partial assignment of judgment, va- lidity and effect. 1913E-483. f real property contract of sale, validity and enforceability of restriction against assignment. 1913A-229. Associations, personal liability of member of unincorporated association on con- tract made by or on behalf of asso- ciation. 21-1088; 1916A-853. Attorneys, abandonment of contract of employment. 1912D-640. express contract for compensation, re- fusal of court to enforce as unreason- able. 1914B-983. ' lien of attorney on contract in his pos- session in connection with litigation. 1917D-149. Automobile sales agency contracts, nature and construction. 1917E-568, 581. Blanks, implied authority to fill blanks so as to complete signed instrument. 1912B-1010. Building and loan associations, avoidance of contract on ground of fraud. 1917A-890. Carriers, statute regulating contracts as interference with interstate com- merce. 1917A-973. Corporations, action by directors as neces- sity to validation of corporate act. 1912C-300. corporate contract other than negotia- ble paper, liability of officer of cor- poration. 1913B-902. 1 negotiable paper, liability of persoa signing as officer of corporation. 6- 1000. promoters' contracts, liability of cor- poration to third persons. 8-262; 1916C-105. Cropper's contract, effect of abandonment on rights of parties. 1915A-1114. Dower, release by express contract with husband, right of woman. 1917A- 48. Escrow, necessity for actual contract be- tween parties to constitute escrow. 1912B-1343. Executors and administrators, contract of executor de son tort as binding on CONTRACTS. 185 CONTRACTS Continu ed rightful personal representative. 1914A-267. new consideration for original contract of decedent, individual liability of personal representatives. l-79; 18 292. False representations inducing perform- ance of contract as constituting pre- judice or damage. 20-180. Fire insurance, binding slip or receipt, effect as fire insurance contract. 1914C-336. insurer's election to repair or rebuild after fire loss as constituting new contract. 16-105. Foreign corporation, contract, as affected by noncompliance with domestic stat- utes. 2-63; 13-512; 1914A-702. right to enforce domestic contract in absence of compliance with statutes. 9-338. Frauds, statute of, duration of contract contingent on future event affecting performance within year as affecting validity under statute of frauds. 1916E-1138. oral contract within statute of frauds as ground of defense to action on contract. 11-479. Indemnity contract, bond to indemnify bail, negligence of bail as releasing surety. 1913E-455. necessity of actual damage before re- covery on indemnity contract. 1913D-1152. Infants, covenant in apprenticeship deed, liability of infant on. 20-779. disaffirmance of contract after ma- jority, what constitutes reasonable time. 1917D-413. instruction or education, contract there- for as contract for necessaries. 8 131; 20-593. marriage settlement, right of infant to disaffirm after majority. 12-861. necessaries, right of infant to dis- affirm contract for. 4-222; 1914C- 239. purchase of property, right of infant on disaffirmance to recover amount paid by him. 16-524. repudiation of contract for services, right of infant to recover on con- tract. 1916E-261. CONTRACTS Continued. tort connected with or. growing out of contract, liability of infant. 1913A- 970. Insurance, advertisement, illustration or the like, as part of insurance con- tract. 1918E-889. agreement discriminating in favor of insured as against other policy- holders, validity. 18-759; 191 8D- 504. burial contract as insurance contract. 1916C-1016. consummation of insurance contract, when consummated. 9-220; 21-796; 1916B-676. divisibility of insurance contract. 2- 22; 11-805; 1912C-989. oral contract of insurance, validity. 6-624. what is insurance contract. 1912D- 1027; 1916C-1022. Interference with contract relations, civil liability. 2-441; 3-741; 4-1026; 8- 889; 9-706; 11-337; 1912B-1162; 1915A-708; 1915D-522; 1916E-608; 1918B-478. Liberty of press as restrainable by con- tract. 15-4. Life insurance, anticipatory breach of contract, right to sue for damages. 9-665; 12-38. binding slip or receipt, effect as life insurance contract. 1915B-657. policy as mere contract of indemnity. 1913D-610. Master and servant, contract of hiring for indefinite time, duration of con- tract. 8-280; 1913D-218. death during term as affecting rights and liabilities of parties to contract of employment. 17-182. ^enticing away servant, liability to em- ployer. 2-442; 11-337; 1912B-1162. profit-sharing agreements between em- ployer and employee. 1914A-797. termination of contract of employment, right where no stipulation as to duration. 20-1104. time as essence of contract to enter employment of another. 1918D-756. Negligence, priority of contract as an ele- ment of actionable negligence. 1- 755. 186 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONTRACTS Continued. Eailroad contracts, state regulation as interference with interstate com- merce. 1917A-990. Eeceivers, duty and power as to existing contracts. 1912C-949. Eestraint of trade," carrying on similar business within prescribed limits, what constitutes within covenant not to carry on. 1915A-381. competition by servant in similar busi- ness as master after termination of employment, validity of contract re- straining. 8-155; 1914A-500. contract not to engage in particular business, validity where time is un- limited. 16-254. exclusive interchange of business be- tween public service corporations, validity of contract therefor. 1914B- 262. injunction as remedy for breach of covenant not to engage in same business as covenantee. 15-692; 1916C-187. measure of damages for breach of agreement by seller of business not to enter business in competition with buyer. 1914A-1153. price fixing for specified commodities, validity of contract between dealers fixing prices to be paid by them. 1912D-934. public service corporations, contract be- tween them to fix prices or rates or divide trade or territory, validity. 6-157; 9-677. resale of commodities, right of original vendor to control price. 1916A-81. sale of goods to third persons during specified term, validity of contract not to sell. 7-55. test of legality of combinations in re- straint of trade. 2-339, 951; 7-55; 9-677, 906. whole state or country covered by con- tract in restraint of trade, validity. 20-661; 1914D-631. Rewards, knowledge of offer as neces- sary element of contract. 1-285. Sham contract, admissibility of parol to show that purported contract is shown. 19-1025. Suretyship, incapacity of principal or il- legality of contract as affecting lia- CONTRACTS Continued, bility of surety thereon. 17-1184. 1186". Theatrical performer, validity of contract for services. 1914B-2. Time for performance of act under con- tract, exclusion or inclusion of Sun- day or holiday in computation. 1917E-945, 949. solar or standard time as governing contracts. 9-329. United States, rights with respect to annulment, suspension or modification of contract or additional compensa- tion therefor. 1918E-5, 34, 36. 2. Capacity or Authority to Make. Convicts, capacity to make contract. 1916D-225. Corporate contract, mental incapacity of officer of corporation executing con- tract as giving corporation right to avoid. 21-617. Counties, contract to search for property omitted from taxation, power to make. 4-140; 11-487. power of commissioners to make con- tract extending beyond term of office. 12-988. Deaf mutes, contractual capacity of. 14-53. Implied authority of officers, agents or servants to contract for medical, surgical or other attendance or sup- plies for sick or injured persons. 3-570; 1912C-474. Infants, consent to issuance of liquor license, power of infant to give. 1916C-497. Insane persons, contract of lunatic exe- cuted before adjudication of insanity, validity. 1914D-867. Intoxication of contracting party, degree necessary to invalidate contract. 8- 254; 21-1109. Marriage capacity and general contract capacity contrasted. 1913B-1238. Opinion evidence as to mental capacity of party to execute contract. 4-883. Partnership contract by firm which has failed to comply with statute regu- lating doing of business, validity. 1913C-700. CONTRACTS. 187 CONTRACTS Continued. Eelease of claim for personal injuries as affected by mental incapacity of re- leasor. 3-574. Suicide as evidence of mental incapacity to make contract. 1912A-46. Testamentary and contractual capacity contrasted. 1915A-362. 3. Formation. Acceptance of offer once rejected as con- summating contract. 1917C-987. Employers' liability insurance, binding slip or receipt, effect as insurance contract. 19180-375.. Insurance contract, when consummated. 9-220; 21-796; 1916B-676. Militia, enlistment in militia as contract. 1917B-244. Offer to better any other bid received as legal bid. 1915C-1011. Keference by contracting parties to fu- ture contract in writing as negativ- ing existence of present contract. 1912B-130. Sealed instruments, effect of affixing seal without recital respecting sealing. 19-677. Telephonic conversation, sufficiency as basis of contract agreement. 1917B- 907. Time when contract consisting of letters or telegrams showing offer and un- conditional acceptance is complete, 6-378. 4. Conflict of Laws. Contracts governed by laws of place of performance. 1-88. Gambling contracts and collateral agree- ments, law governing validity. 17- 48. Insurance contract, law governing. 1913B-925. Passenger tickets, place of contract on purchase of ticket. 1912C-542. Place of payment under contract not specifying place where parties are residents of different states or countries. 1912D-1014. CONTRACTS Continued. 5. Consideration. Agent's sale to himself, effect of ade- quacy of consideration on validity of sale. 1912A-1175. Agreement waiving right to appeal, neces- sity of consideration. 19-1058. Bills and notes, partial failure of con- sideration as defense to action on. 2-430. note given for past services rendered by one member of family to another, enforceability. 1913A-865. Deeds, recital of consideration in deed as evidence. 1915A-97. Discontinuance of bastardy proceedings as consideration for contract. 2-493. Failure or want of consideration, estoppel to set up by giving renewal note. 1916A-826. Forbearance as sufficient consideration for guaranty contract. 1916A-970. Frauds, statute of, necessity of state- ment of consideration in contracts within statute. 3-656. Gambling debt, forbearance to sue as new consideration permitting re- covery. 14-249. Inadequacy of consideration as ground for denying specific performance. 12-122. Mortgages, agreement by mortgagor to convey mortgaged premises to mort- gagee in consideration of release from liability under mortgage. 1913C-1243. One dollar, recital in instrument as suffi- cient valuable consideration. 1912B- 363. Partial failure, right to show under plea of total failure of consideration. 1914B-758. Privilege of naming child as valid con- sideration for contract. 11-482. Suretyship, consideration for contract, extension of time for payment of debt as sufficient. 1918C-576. Unenforceable contract under statute of frauds as consideration for new con- tract. 19-1182. 188 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONTRACTS Continued. 6. Construction. "About," meaning when used with refer- ence to time. 17742. when used with reference to quantity. 1918D-693. "Absolute," meaning as applied to duty or liability. 1916B-296. Animals, formation and interpretation of contract for service of breeding ani- mal. 1916A-575. "Assign" or "assignee," meaning of word. 1913B-734. Burglary insurance, construction of con- tract. 1913C-1177. "Carriage" as including automobile. 1913B-757. Carrier of goods, agreement to furnish cars to shipper as binding contract. 12-885. "Company," word in contract as import- ing corporation. 1912A-969. Contemporaneous written instrument in- tended to control bill or note, con- struction of instruments together. 5 149. "Damage by elements" or similar phrase as used in contract. 1917B-296. "Estimate," "estimated,?' "estimation," meaning of terms. 1913B-850. "Etc.," legal meaning. 1912O172. "Furnish," "furnished," "furnishing," meaning of terms. 1913A-1235. Grammatical construction of contracts. 6-55. Intention of parties to contract not re- duced to writing as question for jury. 1913C-1310. Interdependent instruments, construction of. 5-149. "More or less," meaning as occurring in personal property contracts. 12-294. Oral agreement supplementing written, admissibility of oral proof. 2-146; 1914A-454. Preliminary negotiations as aid to con- struction of instrument. 18-257. "Prorate," "prorata," legal meaning. 191&C-792. "Require," legal meaning of word. 1912A- 1232. CONTRACTS Continued. Rule of construction that language used by promisor is to be construed as promisor thought it to be understood by promisee. 12-392. "Similar," meaning of word in contract. 18-792. Steam supply, construction of contract to furnish steam. 1915D-848. "Timber," meaning of term. 19-1052. "Vicinity," meaning of term used in con- tract. 18-737. Written matter as controlling printed matter. 1913E-961. 7. Validity. Generally. Abutting owner's contract transferring rights in street, validity and effect. 1912A-1179. Adoption of children, validity of contract when not conforming with statutes. 12-144; 1916D-1110. Agency, illegal contracts as to compensa- tion by agents of vendor or vendee. 1-573; 1917A-511. Antenuptial contract, effect of partial in- validity. 1918B-295. Attorneys, compensation of attorney, validity of contract after fiduciary relation established. 1917A-531. legality of agreement of attorney to test validity of statute or to attempt to prevent enforcement. 1913A 126. procurement of legal business, validity of attorney's contract with third per- son therefor. 2-836; 17-690: settlement of litigation by client with- out consent of attorney, validity of contract between them prohibiting client. 13-444; 1913D-306. solicitation of business as forfeiture of right to compensation therefor. 1917C-872. Bids at tax sale, validity of combination between bidders. 1913D-962. contract to prevent bidding at judicial sale. 1917D-232. Bills and notes, attorney's fee in promis- sory note, validity of stipulation. 191*7D-365. negotiable contract void by statute be- tween original parties, validity in CONTRACTS. 189 CONTRACTS Continued. hands of bona fide holder. 4-343; 11-1181. Blacklisting agreement, legality of. 1- 474; 1917A-644. Carrier's contract to carry goods at dis- criminating rate fixed by mistake, validity and enforceability. 16-455; Claims, collection, settlement or compro- mise of claim for commission, valid- ity of agreement by person other than attorney. 1918A-797. Compounding offenses, agreement not to prosecute criminally made as consid- eration for contract to secure exist- ing indebtedness between parties, validity. 15-310. compensation for stolen property, valid- ity of agreement to procure. 7-1010; 1914A-519. compromise of action for criminal con- versation, validity. 1913A-705. friend's or relative's contract induced by threats of criminal prosecution of relative other than parent, child or spouse, validity and effect. 1917C- 1033. parent's or child's contract induced by threats of criminal prosecution against other. 1917C-1026. wife's contract induced by threats of criminal prosecution of husband, validity and effect. 11-385. Compromise of illegal contract, enforce- ability of agreement. 11-612. Corporations, contract in excess of debt limit, validity. 1918B-966. nonassessability of stock, validity of agreement between corporation and stockholder. 1915A-821. repurchase of stock on demand, validity of agreement by seller to repurchase. 1918I>-744. stock voting agreements. 14-938; 21- 1297; 1913A-366; 1915D-800. Divorce, validity of contract intended to facilitate procuring of divorce. 11- 377; 1915A-811; 1918E-902. Editorial comment in newspaper, validity of contract to purchase. 15-42. Elections, contract designed to influence public election. 1917C-350. Employers' liability insurance, validity of contract provision giving insurer control of settlement. 1918C-405. CONTRACTS Continued. Endless chain or Bohemian oats contract, validity and enforeeability. 1918D- 476. Endowment insurance contract, validity. 1915C-948. t Evidence, validity of contract making cer- tain state of facts prima facie or con- clusive evidence. 1916B-690. Expectancy, relinquishment in considera- tion of advancement, validity and effect of agreement by heir. 17-725. release by heir to ancestor, validity. 1913B-451. validity of transfer made by heir or beneficiary to stranger. 1916E-1241. Fire insurance, validity of condition avoiding policy on foreclosure of mortgage. 16-664. Foreign corporation, effect of its non- compliance with domestic statutes. 2-63; 13-512; 1914A-702. Futures, sale of property for future de- livery where one party only intends delivery, as gambling contract. 11- 440. Guarantor's . liability as dependent on validity of contract. 1914C-556. Incentive to crime, validity of contract that may furnish. 19-133. Indemnity from principal to sureties on bail bond, validity of contract. 16- 1036. Insurance of automobile owner against liability, validity. 1915A-635. Interest provision other than one fixing usurious rate, validity. 1918E-747. Intoxicated person, contract entered into as void or voidable. 1918E-330. Intoxicating liquors, validity of sale of liquors where seller knows same will be illegally resold. 3-154; 15-269; 1918B-978. Labor union and employer contracting for exclusive hire of members of former, validity. 5-285; 21-213; 1915C-813. Lateral support, validity and construc- tion of express contract not to de- stroy lateral support. 1915B-1282. Life insurance, selection by insured of beneficiary not having insurable in- terest in life of former as against public policy. 1916C-587. 190 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONTRACTS Continued. Limitation of actions, validity of written contract waiving benefit of statute. 1916A-686. Marriage, contract made to induce mar- riage between third persons, validity. 1918C-820. marriage brokerage contracts. 1-696. restraint of marriage, legality of con- tracts in restraint. 4-732; 10-572. Married woman's contract invalid for want of acknowledgment or defective acknowledgment, rights of parties. 1918E-631, 648. Monopolies, collateral contracts by monopoly or corporate trust, valid- ity and enforeeability. 8-892; 1912A- 1027; 1916A-122. Municipal contract forbidding assignment thereof, validity. 1912A-363. Pardon or parole, validity of contract to procure. 1917D-890. Parent and child, contract by parent for services of minor child as binding lat- ter. 1918B-827. custody of child, validity of parent's contract transferring custody. 6-939; 11-217; 1913B-886. Procurement of legislation, compensation contingent on procuring, validity of contract therefor. 6-218; 1916E-948. validity of contract requiring procure- ment as incident to full performance of contract. 16-850. Procuring testimony, legality of contract to procure testimony. 13-212; 1912A- 657; '19140^54. Public officers, appointment to public office, validity of contract tending to influence. 7-874. compensation, validity of agreement of public officer to serve for less than compensation fixed by law. 19-1075. contract by public officer with himself individually, validity. 1912A-867. deputy's compensation, validity of eon- tract by public officer with deputy. ' 1913A-904. division of salary or fees, validity of contract of public officer. 1914D-820; 1918E-294. Public policy, province of court or of jury to determine whether contract is contrary to. 11-124. CONTRACTS Continued. Eailroads, erection and maintenance of station, validity of contract as de- pendent upon restricting location of other stations. 14-441; 1914A-285; 1915D-277. exclusive privileges on depot grounds, right of railroad company to grant. 1918A-702. location of railroad, validity of con- tract. 15-637. traffic contract between railroads which impairs ability to serve public, valid- ity. 1915C-465. Ratification of contract voidable for duress. 1913E-438. Eelease of damages for personal in- juries given in consideration of re- employment of releasor, validity. 4- 647; 1916E-175. Services rendered by person living in meretricious relations, right of re- covery under express and implied contracts. 1916B-114. Statutes, legal contract as affected by subsequent statute making same ille- gal. 10-424. repeal of statutory or constitutional provision rendering contract void, effect on contract. 1913C-1398. Subscription agreement, validity as de- pending on designation or existence of payee. 1913B-241. Sundays, contract completed on secular day where preliminary negotiations are conducted on Sunday, validity. 20-36. estoppel as applicable to rights of par- ties under void Sunday contract. 1916E-467. execution of contract on Sunday by one party without knowledge of other, validity. 16-632. "labor" or "labor or work" in Sunday laws as including execution of in- struments. 1913D-797. ratification of void contract made on Sunday. 7-634; 1912A-293. Usury in original contract as affecting validity of renewal contract. 1918A- 753, 769. Violation of statute, validity of contracts in violation. 1-333; 11-664. Voting contest, fraud of promoter of vot- ing or guessing contest. 1918C-750. CONTRACTS. 191 CONTRACTS Continued. Wills, agreement to make contest, valid- , ity. 15-300. change of will, validity of contract not to change. 1916D-1160. dispensing with probate, validity of agreement by parties interested. 15 742; 1918E-1218. refraining from contest, validity of contract to refrain. 15-303; 1914D- 512. Limitation of Liability. Carriers of goods, presentation of claim, validity of contract stipulation limit- ing time to present claim against car- rier of goods or livestock. 1914A- 231. time to bring suit, validity and effect of stipulation by carrier of goods or livestock limiting time. 1913E-868. value of goods fixed and liability of carrier limited to such amount, valid- ity of contract with shipper. 12- 1124; 1913D-981. Carriers of livestock, limiting liability of carrier for injuries to livestock re- sulting from their natural propen- sities, validity of contract. 1913D- 794. Carriers of passengers, circus owner's con- tract with carrier limiting liability for injuries to employees of former, validity. 12-1077. drover's pass exempting carrier from liability for negligence, validity of stipulation. 5-768; 1914A-678. Free pass exempting carrier from liabil- ity for negligence, validity of stipula- tion. 4-557; 12-584; 1915C-623. mail agents, liability for injuries, valid- ity and effect of contract between government and carrier limiting lia- bility. 12-1078. passenger ticket stipulating limitation of carrier's liability to certain amount, validity. 1912B-285. shipper's employees, validity of carrier'8 contract limiting liability of carrier for injuries to employees. 12-1077. Master and servant, validity of contract limiting liability of master to ser- vant for future negligence. 6-3; 1912A-1152. Railroads, fires communicated to property on right of way, validity of contract CONTRACTS Continued. exempting railroad from liability. 5 747; 12-499; 1914A-1206. release of railroad company from lia- bility to employees of sleeping car company on cars of latter hauled by former. 12-738; 1915B-534. 8. Implied Contracts. Author's contract with publisher for pur- chase of manuscript as implying ob- ligation to publish. 1912B-612. Brokers, what constitutes implied con- tract to pay broker for sale, lease or mortgage of real estate. 1918C-1064. Brothers and sisters, implied contract to pay for services rendered by brother or sister in same family. 8-203. Interest, implied contract as to rate. 20- 1268. Marriage, whether contract to marry may be implied. 1914C-1097. Relatives, implied contract to pay for services rendered by uncle or aunt or nephew or niece. 1913C-307. Rent for use of another's land for graz- ing cattle, implied contract to pay. 1912C-1147. Services by child to parent who is not of same household, presumption as to right of payment. 6-512. rendition during minority to person standing in loco parentis, right of child to recover. 20-394. 9. Excuses for Nonperformance. Act or default of employer as excusing delay in performance of working con- tract. 17-646. Destruction of subject matter of contract as excuse for nonperformance. 1-466. Existence of strike as excuse in absence of special stipulation thereto. 12- 313. Infancy as defense to action for money loaned. 1916C-999. War as excusing breach of contract. 1918A-14; 1918O-398. 10. Remedies of Parties. Gen-erally. Agency, breach of contract involving personal trust and confidence in 192 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. CONTRACTS Continued. agent, right of undisclosed principal to recover damages. 15-238; 1912C- 907. Annuities, right of annuitant who is not party to enforce contract. 20-787. Anticipatory breach or prevention of per- formance, remedies of party. 1427; 12-1108; 1913C-384; 1917E-712; 191SC-891. jurisdiction of action for anticipatory bread. 1914B-380. life insurance contract, right to sue for damages for anticipatory breach. 9 665. Brokers, right of real estate broker to re- cover damages from purchaser pro- cured by him on breach of contract to purchase land. 11-476. Champertous contract, right to recover value of services rendered under. 1913B-1091. Conditional sales, right of vendee to re- cover damages for breach of war- ranty. 20-821. Contract to pay sum of money in specified articles or commodity, damages re- coverable on breach. 1916A-965. Corporate contract for services of officer or agent, appointment of receiver as breach. 1912A-470. Demand for payment on maker of prom- ise to pay debt or answer for default of another, necessity of. 21-545. Employment contract, breach by servant in failing to devote whole time to master's service, right of master to damages. 1913B-511. 1 Evidence, admissibility of parol evidence to show illegality of contract. 16- 388; 1917D-426. Gambling contracts, equitable relief against. 1-154. Guardian and ward, liability for breach of contract made by guardian of in- sane person. 11-54. Injunction to restrain breach of contract not capable of being specifically en- forced. 3-976; 14-21. ! covenant not to engage in same busi- ness as covenantee, injunction as remedy for breach. 15-692; 1916C- 187. CONTRACTS Continued. Instalment contract, successive actions for breach of contract performable in instalments. 6-63. Leases, executory agreement to take lease, liability of proposed lessee for breach. 1912C-1052. Limitation of action for breach of con- tract as running from date of breach. 13-696. Mandamus as remedy to compel private corporation to perform duties arising out of contract. 8^10; 12-112; 1912C-890. Mistake due to negligence, equitable re- lief against contract on account of. 5-214; 11-1164. Oral agreement to compensate by will for bervices performed, running of stat- ute of limitations against action for breach. 8-113; 1918A-912. Partnership agreements, right of one member to recover damages from an- other. 1-836. Physicians and surgeons, malpractice as subjecting physician to action in as- sumpsit on his implied contract. 1912D-869. Pleading, denial of allegation of per- formance of condition precedent. 7- 611. inconsistent defenses in actions grow- ing out of contract generally. 1917C- 715. Reformation of contract by insertion of new provisions, power of court. 1914D-227. Renunciation of executory contract and immediate retraction thereof as con- stituting breach of contract. 3-1032. Rescission, contract for successive de- liveries of goods, rescission on ac- count of non-payment of instalment. 3-901; 1913D-1021. limitation on right to rescind fraud- ulent contract. 1-910. substitution of new contract between same parties as mode of rescission. 1912A-1258. f written contract for sale of either land or goods, necessity that abandon- ment or rescission be in writing. 14- 729; 1918C-1213. Sealed instrument, right of person not party thereto to enforce. 1913B-313. CONTRACTS. 193 CONTRACTS Continued. undisclosed principal as liable on sealed contract by agent. 3-980. Specific performance of optional contracts. 1-990; 12-90; 1913A-362. oral contract partly performed, inade- quacy of damages as ground for specific performance. 1-999. personal property contracts, specific performance. 5-269; 10-934; 1915D- 788. Theatrical performer, liability for in- ducing breach of his contract for ser- vices. 1914B-12. Traveling salesman carrying side line as breach of contract of employment. 1918C-952. Unenforceable contract, right of action, for breach. 1915D-540. Wilful default, recovery on contract by party guilty. 5-613. Illegal Contracts. Dismissal of action based on illegal eon- tract, right or duty of court on its own motion to dismiss. 1912A-1033; 1915B-230. Division of profits arising from illegal contract, whether court of equity will lend its aid. 1913E-142. Gambling contracts, equitable relief against. 1-154. Parties in pari delicto, recovery of con- sideration paid on executed illegal contract. 4-714. Performance before court declares con- tract illegal as affecting rights of parties. 1914B-56. Repudiation and recovery of considera- tion, right of party to illegal con- tract before performance of illegal purpose. 11-633. Eule that where parties are in pari de- licto court will aid neither as modi- fied by paramount public interest. 1913D-772; 1917E-1040. 11. Damages. Assignability of right of action for dam- ages for breach of contract. 1912A- 497. Index to Notes 13 CONTRACTS continued. Exemplary damages in action on breach of contract other than contract to marry. 3^13; 16-104; 1917E-412. marriage promise, right to recover exemplary damages on. breach. 1914B-319. Liquidated damages, stipulated forfei- ture for breach of contract as liqui- dated damages or penalty. 1-244; 10-225; 1912C-1021; 1915C-945; 1916D-497; 1917D-739. Measure of damages, anticipatory breach by vendee of contract for sale of crops, nursery stock, trees or the like for future delivery. 1913C-765. business competition, measure of dam- ages on breach of agreement by seller of business not to re-enter busi- ness in competition with buyer. 1914A-1153. exchange of property, measure of dam- ages for breach of contract. 15-475. * invasion of agent's exclusive selling territory, measure of damages for principal's breach of contract. 1912C-1252. lessor's covenant to renew lease, measure of damages for breach. 1913D-208. railroad's contract to erect depot, measure of damages for breach. 4- 999. vendor and purchaser, measure of dam- ages on breach of contract to sell land due to vendor's inability to make title. 1917B-858. wills, breach of contract to make will, measure of damages. 1918A-854. Mental suffering as element of damage for breach of contract of carriage of goods. 1915D-S9. Mitigation of damages, what is contract for personal services within rule that damages for breach may be mitigated by earnings of employee in other employment. 1914A-810. Profits, right to recover as damage where profits are very object of contract. 1914D-36. sale on commission, recovery of profits as damages for breach of contract. 6-976; 10-654; 1917B-1194. 194 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. CONTRACTS Continued. 12. Impairment of Obligation of Con- tracts. Judgment, prohibiting revival of judg- ment as impairment of obligation of contract. 3-1148. Judicial decision, impairment of obli- gation of contract by. 4-93; 9-1121; 1915C-579. Ordinance, granting privilege, impairment as impairment of contract obligation. 3-88; 6-601; 1915A-899. Bepeal or modification of statute affect- ing municipal corporation as im- pairment of obligation of contract between state and municipality. 4 794. State contract, power of state to annul by legislative act. 1915B-137. Statute permitting recovery from tele- graph company of damages for men- tal anguish as impairment. 1913C- 868. 13. Public Contracts. Bids, agreement designed to suppress com petition in bidding for contract to perform public work, validity. 20 386. certified check or other deposit on bid, rights of parties with respect to. 1916C-427. implied liability of municipality under contract let contrary to statute re- quiring competitive bidding. 1917A- 1263. readvertisement where bidder to whom municipal contract has been let fails to comply with conditions or abandons work. 1916D-1189. Enforcement of municipal contract with water company, right of action by private citizen. 5-507. Mandamus as remedy in behalf of munici- pality to compel performance of con- tractual obligation. 1918A-915. letting municipal contract, mandamus as remedy to compel municipality. 17-651. Member of legislature interested in state contract as affecting its validity. 1916A-237. Public building, contract tending to in- fluence location, validity. 8-484. CONTRACTS Continued, Sale of goods to public, validity of agreement to pay for services in procuring contract. 1913A-297. State contract, annulment by legislative act, power of state. 1915B-137. Stockholder of corporation as interested party in contract between corporation and municipal council of which he is member. 21-912; 1916A-77. CONTRADICTION. Eight to contradict one's own witness upon material facts. 1914B-1124. CONTRADICTORY STATE- MENTS. Proof by person who had heard witness on former trial. 1913B-97. CONTRA PACEM. Necessity and sufficiency of conclusion of indictment contra pacem. 13-780; 14-413. CONTRIBUTION. Admiralty jurisdiction of suit. 20-1236, Joint adventure, right to contribution be- tween parties. 17-1024; 1916A-1213. Legatees and devisees, contribution be- tween upon widow's renunciation of will. 1913E-424; 1918C-415. Partners, right of contribution between. 1916D-820, 842, 846. Party-wall, adjoining owner's liability to contribute to cost in absence of agreement therefor. 15-1107; 1916E- 1165. liability to contribute arising from use of wall as inclosure of user's build- ing. 1913A-769. Pauper's support, contribution between, relatives. 1915D-242. Promoters, right as against fellow- promoters for expenses of undertak- ing. 1913E-1167. Stockholders, right to enforce contribu- tion against costockholders. 4-734. CONTRIBUTIONS CONVERSION. 195 CONTRIBUTION Continued. sureties for corporation, contribution between stockholders who become sureties. 1916B-361. Sureties, measure of contribution when bound in different amounts. 18853. relation assumed by one at request of another surety, liability for contri- bution to latter. 16-856. running of statute of limitations against action between. 15-1030; 1918E-518. Tort-feasors, contribution between. 2- 528; 1913B-938. satisfied claim assigned to one joint tort-feasor, action thereon against others. 9-519. CONTRIBUTIONS. Elections, contribution by person other than candidate to election expenses, validity and construction of statute regulating. 1918E-173. CONTRIBUTORY NEGLI- GENCE. See Negligence. Criminal prosecution for homicide, con- tributory negligence as defense. 1912C-501. Distinction between contributory negli- gence and assumption of risk as de- fense. 18-960. Tires, personal injury resulting from fire set by railroad, contributory negli- gence as affecting liability. 1918E 829. Spo/tsman shooting another while hunt- ing, contributory negligence of latter as affecting liability. 1918C-389. "Wilful wrong, contributory negligence as defense to action. 1912A-493. CONTUSIONS. Inadequacy of verdict in action for con- tusions resulting from personal in- juries. 1916B-398. CONVERSATIONS Continued. Telephonic conversation as evidence. 1- 802; 20-/05; 1916E-977. Third person overhearing conversation as affecting privilege of communication within law of libel and slander. 1917E-699. Weight of testimony based on memory of oral statements. 18-1191. CONVERSION. 1. Acts Constituting Conversion. 2. Property Subject to Conversion. 3. Necessity of Demand or Tender. 4. Persons Entitled to Sue. 5. Persons Liable. 6. Actions. 7. Damages. See Equitable Conversion. 1. Acts Constituting Conversion. Assisting another in depriving owner of his property, liability. 21-1194. Bailee, unauthorized use of chattel as con- stituting. 3-470; 12-692; 1918C-948. Broker's sale of pledged stock without notice of time and place as conver- sion. 6-107. Conditional vendee, transfer of personalty by vendee as conversion. 8-129. Misappropriation of funds by agent for both borrower and lender, who bears loss. 1913C-468. 2. Property Subject to Conversion. Lottery ticket, right, of action. 1915A- 1004. Money, trover for conversion of. 15 1011. Promissory note that has been paid, trover for. 12-265. Property having no commercial value, trover for. 1914B-823. Shares of stock or certificates of such shares, whether trover will lie. 11- 203. CONVERSATIONS. 3. Necessity of Demand or Tender. Cross-examination of witness to adduce whole conversation when part offered Bailment, demand as necessary to sup- in evidence. 17-8, 18. port action where personalty is in 196 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CONVERSION Continued. possession of defendant as bailee. 1913A-1105. Personalty in possession of defendant under contract of sale, necessity of demand to support action of trover or conversion. 1913A-1108. Pledge, action against .pledgee, necessity of tender of debt secured. 10-1125. 4. Persons Entitled to Sue. Agent in possession of personalty, right to maintain trover against stranger. 18-572. Mortgaged chattels, right of action of_ chattel mortgagor against third per- son. 21-81. Pledge of property by factor or agent without authority, right of principal to recover in action of trover. 1913C-1293. Property severed from soil by person holding adversely to owner, right of latter to maintain trover. 1912B-291. 5. Persons Liable. Bankruptcy discharged, effect on lia- bility for conversion. 20-310. Mortgaged personalty, liability as be- tween junior and senior mortgagee for act of other. 1916A-867. liability of chattel mortgagee to per- sonal representative of mortgagor for conversion. 2713. Pledgee, property not owned by pledger, liability of pledgee as for conversion. 1914A-345. Postmaster, action for conversion against postmaster for refusal to deliver mail. 17-1071. Stolen goods, recovery in civil action against thief. 19-647. 6. Actions. Assumpsit for value of converted prop- erty used or consumed by tort-feasor, right to sue in. 17-975. Counterclaim for conversion in action for conversion. 3-487. Evidence, opinion of witness as to owner- ship of property. 1912C-666. CONVERSION Continued. Forum in which action for conversion of timber severed from realty must be brought. 3-344; 21-1314; 1913E- 597. Limitation of actions, time when statute begins to run against action by re- mainderman for conversion by life tenant. 16-540. Time of conversion, necessity that com- plaint in action of trover allege. 1913A-879. Title of property converted, effect of re- covery in trover. 15-454. Waiving tort and suing in assumpsit. 1913D-231; 1915C-1135. 7. Damages. Chattel mortgagor's action against third person for conversion of chattels, measure of damages. 21-82. Chose in action, right of defendant to show insolvency of maker in mitiga- tion of damages. 6-841. Household goods, measure of damages for conversion of, or failure to deliver. 3-891; 1917B-585. Interest, allowance upon damages for con- version. 1-763. Shares of stock, measure of damages for conversion. 18-608; 1916C-641. CONVEYANCES. See Deeds; Fraudulent Sales and Convey- ances; Infants; Taxation; Vendor and Purchaser. Lease as included under term "conv'ey- ance." 1913D-999. CONVICTION. Judgment of conviction as res judicata in civil or penal action. 5-78. Legal meaning of "conviction" or "con- victed." 1915B-283. Voters, what constitutes conviction within constitutional provision denying right to vote to convicted person. 15-103. Witnesses, conviction for violation of city ordinance as conviction of crime dis- qualifying witness. 1913A-327. CONVICTION Continued. method of proving conviction of crime to impeach accused as witness. 13- 643; 1914C-256. suspension of operation of conviction by appeal. 1915B-289. what constitutes "crime" for conviction. of which witness may be impeached. 1916A-274. CONVICTS. See Prisons and Prisoners; Sentence and Punishment. Contractual capacity of convict. 1916D- 225. Conveyance by convict, validity. 16-123. Convict laborer, right of person illegally hired out as against lessee. 1912A- 269. Corporal punishment, right to inflict. 18- 298; 1916C-130. Default judgment against convict, valid- ity. 1913C-245. Employment, validity of statute providing for particular kind for convicts. 1915C-976. relation of master and servant as exist- ing between employer and convict laborer. 13-168; 1912B-565. False imprisonment by detention after pardon, excessiveness of verdict in action for. 1916C-511. Goods made by convict labor, validity of statute requiring them to be so marked. 1913B-817. Habeas corpus to bring convict before court for trial. 4-723. Homicide, liability of person serving life sentence to trial and punishment for murder. 14-488. Lessee of convicts, right to sublet them or assign contract. 16-743. Negligence of colaborer, right of person performing forced labor to recover for negligence. 4-479. Process, service on convict. 1916D-1207. Eeconfinoment after escape for remainder of sentence. 3-416. Speedy trial, right of convict to. 17-170. Tort of prison officer, personal liability to convict. 1915D-964. CONVICTS COPYRIGHTS. CONVULSIONS. 197 Inadequacy of verdict for personal in- juries producing convulsions. 1916B- 404. COOKING FOOD. Injury while engaged as accident arising out of employment under Workmen's Compensation Act. 1913C-20. COPIES. Books of account, when admissible in evi- dence. 2-844. Certification that paper or document is true copy, proper form. 1912C-942. Indictment or information, copy .to be served on defendant, construction of statutory provision. 1913D-1095. lost or mutilated indictment, supplying by copy. 1913E-606. COPYRIGHTS. 1. Acquisition and Extent of Eights. 2. Restraint of Trade. 3. Infringement 1. Acquisition and Extent of Eights. Assignee of author, etc., right to copy- right. 16-1128. Creditor's bill to reach property right in copyright. 1914B-955. Law reports, extent of copyright protec- tion. 17-961. Letters, right of copyright after writer's death. 3-1116. Magazines, extent of protection acquired. 20-1178. Moving pictures, application of copyright to. 1916C-305. Name copyrighted, right to use after ex- piration of copyright. 14-799. Paintings, publication within law of copy- right. 12-601. Sale of copyright, specific performance of agreement. 5-271. 198 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COPYRIGHTS Continued. 2. Restraint of Trade. Price of copyrighted book, right of vendor to control on resale by vendee. 1916A-84. Restraint of trade, restrictive covenant, in contract of sale as constituting. 9-908. Sherman Anti-trust Act, application to agreement regarding sale of copy- righted books. 1915A-372. 3. Infringement. Common-law action for damages for in- fringement of copyright, right to bring. 5-279. Dramatic copyright, infringement of. 14- 433. Injunction, consideration of amount of infringement on application for in- junction. 14-503. Literary productions of another, right to damages for unauthorized use in absence of statute. 13-257. Map, chart, print, etc., remedy under former law for infringement com- pared with remedy under existing law. 1912C-566. Moving picture illustrations of book, play or the like as infringement. 1913A- 1287. Musical copyright, what constitutes in- fringement. 14-633; 1916A-371. Pictures, infringement of common-law right of property in unpublished picture, right of action. 15-135. CORAM NOBIS. Modern civil and criminal practice. 3- 328. .When writ will issue. 1915A-1287. CORN-CRIBS. 'Burglary, description in indictment, suffi- ciency. 1913D-875. CORNER LOTS. Assessment under front-foot rule. 1915D- 1077. CORONERS. Appearance by counsel at coroner's in- quest, right of accused or suspected person. 1916D-394. Evidence given by defendant before coroner, admissibility in criminal prosecution. 3-517; 12-161. = admissibility to impeach witness. 16- 688. Libel and slander, utterance of coroner holding inquest as privileged. 4-433. Necessary expenses incurred by coroner, what constitute. 1918D-927. Place of holding inquest, jurisdiction of coroner as regards. 4-1162. Power of coroner to determine whether inquest shall be held. 11-1023. Sunday sessions, right to hold inquest on Sunday. 1916B-16. Verdict in coroner's inquest as evidence in subsequent proceedings. 4-1020, 1096; 1917B-892. weight of suicide verdict by coroner's jury as evidence in action on life insurance policy. 17-34; 1913C-1262. CORPORAL PUNISHMENT. Child, excessive chastisement by parent, remedy of child. 1-131. reasonableness of punishment by parent or one in loco parentis as question for jury. 5-117. inflict on. 18-298; Convict, right 1916C-130. to Pupil, right of teacher to inflict corporal punishment. 12-353. CORPORATE TRUSTS. See Monopolies. CORPORATIONS. 199 CORPORATIONS. 1. Constitutional and Statutory Provi- sions. 2. Definitions and Distinctions, 3. Name of Corporation. 4. Corporate Seal. 5. Promoters and Incorporatora. 6. Amendment of Charter. 7. Franchise. 8. Rights and Powers. 9. Duties and Liabilities. 10. Criminal Responsibility. 11. Officers and Agents. A. GENERALLY. B. APPOINTMENT AND TERMINATION 07 OFFICE. C. COMPENSATION. D. AUTHORITY TO BIND CORPORATION. E. LIABILITY TO CORPORATION OB THIRD PERSON. F. CRIMINAL RESPONSIBILITY. G. DIRECTORS. 12. Stock and Stockholders. A. GENERALLY. B. SUBSCRIPTIONS. C. PROPERTY RIGHT IN STOCK. D. LIEN OF CORPORATION. E. TRANSFER OF STOCK. F. STOCKHOLDERS' MEETINGS. G. DIVIDENDS. H. LIABILITY OF STOCKHOLDER. I. STOCKHOLDERS' ACTIONS. 13. Corporate Bonds and Securities. 14. Consolidation of Corporations. 15. Duration, Dissolution and Extension. 16. Insolvency and Receivers. 17. Regulation of Corporations. 18. Taxation of Corporations. 19. Actions by and Against Corporations. 20. Foreign Corporations. See Associations; Societies and Clubs. 1. Constitutional and Statutory Provlslona. Blue sky law, validity and construction. 1916A-706. "Carrying on business," meaning as used in statute relating to corporation. 18-32. CORPORATIONS Continued. Constitutional law, self-executing provi sions relating to corporations. 7-630; 18-201; 1914C-1118. Forfeiture of charter, constitutional or statutory provision as self-executing. 1914A-936. Partial invalidity of statute relating to corporations, effect. 1916D-38. 2. Definitions and Distinctions. "Alien enemy," corporation as constituting. 1918C-710. "Citizen," corporation as included in term. 1917C-875. "Company," word as importing corporation in law. 1912A-969. Distinction between public and private corporation. 1-371. Fire company, insurance patrol or the like as charitable institution. 1917C-797. Franchise and license granted to corpora- tion, distinction between. 1916B-210. "Moneyed corporation," what is. 20-136. Municipal corporation as included under term "corporation." 1913B-745. "Person," term as including private cor- porations. 20-739; 1914A-1308. Public utility, corporation not operated for profit as constituting. 1916D-899. Quasi-public corporation, what is. 18-1063. "Vicinity," meaning of term as used in corporate charter. 18-738. 3. Name of Corporation. Change of name of private corporation. 19-1238. Infringement of name of corporation by use of similar name. 2-415; 16-596; 1915B-352; 1918A-229. Misnomer of corporate name in publica- tion of notice. 1913B-1248. Name similar to that of other corporation, right of corporation organized for other than pecuniary profit to use. 1912A-825; 1913E-642. 4. Corporate SeaL Failure to affix seal to instrument exe- cuted by corporation, effect. 1915A- 1064; 1916A-479. Negotiable instrument by corporation, seal affixed without recital respecting seal- 200 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. ing, effect as sealed instrument. 19 679. What is sufficient corporate seal. 19120- 42. 5. Promoters and Incorporators. Contribution, right of promoter to bring action at law against fellow-promoters for contribution. 1913E-1167. Liability of corporation to third par- ties on promoters' contracts. 8-262; 1916C-105. Married woman, power to be incorporates 11-807. Relation of promoter to corporation and stockholders. 4-669 ; 17-269; 1915B- 176. Rights and liabilities of promoters inter se. 1913E-1166. 6. Amendment of Charter. Amendment of charter so as to shorten term of corporate existence, power of corporation. 1914C-657. Majority stockholders, right to accept amendment as against will of minority. 1912C-1203. 7. Franchise. Alteration of terma of franchise, right of third person who may derive bene- fit from municipal franchise to public service corporation to object. 1913D- 1089. Estoppel of municipality to deny validity of franchise. 1916B-1272. Forfeiture, necessity for direct proceedings for forfeiture of special franchise. 1916B-179. Grant of franchise under constitution or statute as subject to construction in favor of public. 1914A-158. Obligations of franchise, whether court will compel performance. 1914A-1244. Power of court to determine validity of municipal franchise in action to en- join commission of acts thereunder. 1914B-490. 8. Rights and Powers. Adverse possession, right of corporation to acquire title by. 1915C-772. CORPORATIONS Continued. By-law inconsistent with charter or gen- eral statute, validity. 1914C-665. Chambers of commerce, powers and lia- bilities of corporation organized to promote business interests of com- munity. 1917C-787. Communistic society or corporation as con- trary to public policy. 11-236. Deeds, acceptance by corporation as grantee, what constitutes. 1914I>- 507. De facto corporation, admissibility of parol evidence to show. 1914A-151. right to exercise power of eminent domain. 9-594; 1913C-271; 191SC- 1063. Executor, capacity of corporation to act as executor. 1913B-1165. Guaranty of stock or bonds of another cor- poration, power of corporation. 11- 891. Intoxicating liquors, right of corporation to license for sale. 17-1001. Lease, power of private corporation to lease its real property. 4-1061. Libel or slander, right of corporation to sue for. 5-550. Mechanics' liens, right of corporation to lien. 7-430. Medical corporation, recovery for profes- sional services rendered by licensed member or employee. 2-607. Monopolies, exclusive interchange of busi- ness, validity of contract between public service corporations. 1914B- 262. Mortgages, power of trustee to release mortgaged property. 1916D-1182. Predecessor's contracts, change in firm or corporation as discharging guaranty to it. 15-1021. incorporation of obligee as affecting guaranty to it. 1913C-820. Profession or trade for which license is required, right of corporation to practice. 12-674. Rewards, power of municipal or private corporation to offer. 3-157; 21-62. Statute in force at time of incorporation, right to attack validity. 12-558. effect of partial invalidity of statute relating to corporations. 1916D-3&. CORPORATIONS. 201 CORPORATIONS Continued. Stock, acquisition of stock in another cor- poration for purpose of controlling same and preventing competition. 8- 64. right of corporation to acquire its own stock. 17-1261; 1914B-1016. Trusts, power of corporation to act as trustee of charitable trust. 8-1181. Ultra vires purchase of land, effect. 17- 529. sale of property by corporation, who may object to sale as ultra vires. 1916A- 839, 848. 9. Duties and Liabilities. Generally. Accommodation paper, liability on. 1913A- 1313 ; 1916 A-87. Avoidance of contract because of mental incapacity of officer who executed it, right of. 21-617. Bankruptcy, corporation es subject to in- voluntary bankruptcy. 11-359. Damages, validity of statute subjecting corporations but not including indi- viduals. 1914B-975. Debt limit provision in charter, construc- tion. 1918B-936. Libel or slander, liability of corporation. 9-443; 17-622; 1917D-967; 1918D-484. mental suffering of corporation, as ele- ment of damages. 1914C-295. privileged communications between stock- holders within law of libel and slan- der. 10-272. Messenger service, liability of corporation engaged in furnishing for loss of or injury to articles intrusted to mes- senger. 19120-1186. Mortgages, corporate property mortgaged without required consent of stock- holders, right of creditor to object. 1916C-1039. Ultra vires as defense in action on insur- ance policy. 4-1046. Usury es defense, statutory prohibition against corporation pleading. 14-115. Predecessor's Liabilities. Assumption of liabilities by corporation formed by partners or joint owners of going business concern. 1912D-1277. CORPORATIONS Continued. Debts of predecessor, liability for. 4-260; 1916D-658. Purchase of property of another corpora- tion, liability for debts of latter. 1913E-1044. Railroads, liability of purchaser of rail- road on personal contracts of old cor- poration. 6-85. Torts, liability of corporation purchasing property of another -corporation for its torts. 1915D-549. 10. Criminal Responsibility. Act not forbidden to firm or individual, validity of statute prohibiting corpo- ration from doing. 1912D-808. Conspiracy, liability of corporation for. 17-102. Contempt, violation of injunction by officers or agents as subjecting corpo- ration to criminal contempt. 3-29. Criminal prosecution of corporation, neces- sity that it be by indictment. 19-534. Homicide, liability of corporation to in- dictment. 16-840; 1915B-621. Jurisdiction of corporation in criminal case, method or process by which court may acquire. 1916E-1289. Misfeasance other than homicide, criminal liability for act. 1916C-459, 470, 476. Nonfeasance, liability of corporation to in- dictment for. 5-413. "Person" as used in statute relating to crime as including private corporation. 20-742, 746; 1914A-1310. Eeceivership, criminal liability of corpora- tion while in hands of receiver. 21- 694. 11. Officers and Agents. A. GENERALLY. Acknowledgment of instrument, disquali- fication of interested stockholder or officer to take. 16-140; 1913D-373; 1916D-705. resort to instrument to determine representative character of officer when not shown in certificate. 191SC- 355. Agent of private corporation as 5-223. 'officer.' 202 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. Bonds, defihiteness of term as affecting duration of liability of sureties on bonds. 5-949. Discovery, corporate officers or agents as parties defendant to bill. 20-908. Indorsement of corporate paper by officer or stockholder, right to notice of dis- honor. 1917B-836. Insurance on lives of officers, right of cor- poration to take out. 16-295. Office and employment in private corpora- tion, distinction between. 17-453; 1917D-320. Public officer prohibited from entering em- ploy, validity of statute. 1912C-1067. Statutory command to corporation as ex- tending to officers individually. 1914B-247. Title to office, bill in equity to deter- mine. 4-707. Usurpation of office in private corporation, remedy of quo warranto as extending to. 1915A-1145. B. APPOINTMENT AND TERMINATION OF OFFICE. Acceptance of office in private corpora- tion. 1917D-516. Acknowledgment of corporate instrument, officer as disqualified to take. 16-140; 1913D-373; 1916D-705. De facto officer of corporation, validity of appointment by. 1913C-1042. Eligibility of person to whom stock is transferred for purpose of enabling him to become officer. 1916E 963. Power of court to remove officer or to en- join him from performing his duties. 20-598. Receiver appointed for corporation as con- stituting breach of contract for ser- vices of officer or agent. 1912A-470. Eemoval of officer of private corporation. 1913B-669. C. COMPENSATION. Insolvency of corporation, balance due officer under contract for compensa- tion, right to recover. 12-581. Power of corporate officer to vote himself compensation. 11-773; 19-1260. CORPORATIONS Continued. Right of officers and directors to compensa- tion for services in absence of ex- press contract. 3-734; 1915A-^54. D. AUTHORITY TO BIND CORPORATION. Admission or declaration of officer, com- petency as evidence against corpora- tion. 1912C-109. Authority of officer to represent corpora- tion as inferred from manner in which he has been permitted to act. 1913D-646. Commercial paper for corporation, power of president and secretary to execute. 2-520; 18-729. Contract for purchase or sale of real es- tate, authority to enter into. 191 7A- 482. Hiring of employees, authority of general manager or agent. 1914B-831. Implied authority of officers to contract for medical, surgical or other attend- ance or supplies for sick or injured persons. 3-570; 1912C-474; 191SA- 791. Imputed notice, corporation's knowledge as imputable to officer thereof. 1915A-855. officer's knowledge acquired as officer of another corporation, imputability to corporation. 1915A-861. notice to officers where they are en- gaged in independent acts in their own interest, imputability to cor- poration. 6-679; 1912C-295; 1916B- 328. Presumption as to authorization by corpo- ration for contract executed by presi- dent. 1917A-360. Sale or mortgage of corporate property, power of president. 19-623. Secretary's implied authority to act for or bind company. 1912D-296; 1916A- 479. E. LIABILITY TO CORPORATION OR THIRD PERSON. Corporate contract other than negotiable paper, liability of officer. 1913B-902. Equitable jurisdiction of suits against directors and officers by corporation for negligence or wrongful acts. 7- 1121. CORPORATIONS. CORPORATIONS Continued. Indebtedness of officer created "by mis- appropriation of corporate funds as dischargeable in bankruptcy. 1912D- 218. Negligence or wilful act of officer, right of corporation or stockholders to re- cover amount of damages paid by corporation. 1913C-375. Negotiable paper, liability of person sign- ing as officer of corporation. 6-1000; 1917D-568. Prospectus, fraudulent representations, liability of person whose name ap- pears thereon as officer. 1915C-559. Statutory liability of officer for corporate debts as affected by change of offi- cers. 1918D-796. right to contribution of officer respond- ing in damages for failure of corpo- rate duty. 2-529. Tort of corporation, personal civil liabil- ity of officer or director to persona injured. 1913D-1058. F. CRIMINAL RESPONSIBILITY. Appropriation of corporate funds by offi- cer for political purposes as criminal offense. 10-320. Embezzlement from corporation, suffi- ciency of indictment with refer- ence to allegation of ownership and description of property. 18-343; 21- 72. False report by corporate officer, what constitutes "knowingly" making. 1912A-435. Nonfeasance or misfeasance, criminal lia- bility of corporate officer i'or acts. 8-383. G. DIRECTORS. Action by directors without formal meet- ing, validity. 1914B-715. Corporate acts, necessity of action by di- rectors to validate. 1912C-300. "Debts" of corporation for which direc- tors are liable, character of. 12-807; 1914B-152. Inspection of books and papers, right of director. 17-837; 1914B-424. Meetings of corporation or directors, notice, sufficiency. 1914D-862. Quorum of corporate directors, legality of action by majority. 13-786. CORPORATIONS Continued. Secret profits, accountability of director subsequently becoming to person stockholder. 18-359. -liability of directors to corporation or stockholder. 1917A-238. 12. Stock and Stockholders. A. GENERALLY. Agreement of corporation to purchase stockholder's shares, right of stock- holder to enforce after insolvency. 10-145. Deeds or mortgages, competency of stock- holder or employee as attesting wit- ness. 15-592. Dismissal of action by corporation by board of directors, rights of stock- holders. 1914D-834. Estoppel of stockholder to deny corporate existence. 1915A 411. Fiduciary relation of director to stock- holder as affecting former's purchase of stock from latter. 2-877; 191 8B- 241; 1918D-771. Forged or spurious stock certificates, rights between coiporation and bona fide purchaser. 5-251. Indorsement of corporate paper by officer or stockholder, right to notice of dis- honor. 1917B-836. Inspection of corporate books, absolute or qualified right of stockholder. 10- 990; 20-612; 1913E-173; 1917A-103; 1917D-898. remedy of stockholder to enforce right to inspect corporate books. 19-310. stockholder's right to inspect corporato books. 1-130. Insurance policy issued by insurance agent on property of corporation of which he is stockholder, validity of policy. 1916D-1275. Lien of stock broker on stock procured for customer. 21-743. Lost certificate of stock, right of stock- holder to compel duplication. 1918E- 66. Mandamus to compel issuance of corpo- rate stock. 16-900. Postal laws, scheme to induce stock specu- lation as scheme to defraud within federal statute prohibiting use of 204 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. mails in furtherance thereof. 1914D- 1245. Preferred shareholder as creditor or stock- holder of corporation. 1917B-558. Purchase of corporate property, right of majority stockholders to purchase. 14-920. Stock issued for work or services to be performed thereafter, relative rights of corporation and stockholder. 1914A-681. Stockholder as interested party in munici- pal contract between his corporation and city council of which he is mem- ber. 21-912; 1916A-77. Ultra vires sale of property by corpora- tion, right of stockholder to object. 1916A-843. B SUBSCRIPTIONS. Call subscriptions, running of limitation statute as dating from call. 4-728. "Cash" payment of subscriptions required, what may be received in payment. 1912B-480. Change in name of corporation as affect- ing subscription liability. 19-1243. Collateral oral agreement, supplementing stock subscription by proof thereof. 1914A-458. Conditional subscription, admissibility of parol evidence to show. 19-883; 1918C-853. liability of stockholder on conditional subscription to stock. 1913C-421. Creditor's bill, unpaid stock subscription as reachable. 1914B-958. Failure to deliver stock as defense to action on note given corporation for stock. 1915A^22. Liability on stock subscription as de- pendent on whole amount of stock having been subscribed. 16-1253; 1918B-1137. New stock, preference right of stock- holders to subscribe. 9-745; 1918B- 132. Nonassessable stock, agreement between corporation and stockholder, validity and enforceability. 1915A-821. Belease of subscriber to corporate stock by alteration in charter or change in corporate design. 1918A-79. CORPORATIONS Continued. unpaid stock subscription, validity of release as regards corporate creditors. 1912B-491. Eescission or repudiation of stock sub- scription, amendment to charter as affecting right to repudiate. 1912C- 1204. right of subscriber on ground of fraud after insolvency of corporation. 16- 178. Setoff of unpaid subscription against debt due subscriber from corporation, right after insolvency of corporation. 1913E-1025. Waiver of right to avoid stock subscrip- tion. 1915B-790. When subscriber to stock becomes stock- holder. 1913C^18; 1917E-209. Withdrawal of stock subscription, right to withdraw. 16-532; 1915C-1113; 1916A-699. C. PROPEETY RIGHT IN STOCK. Attachment, nonresident's shares of stock, right of attachment at location of corporation. 1912D-954. what is sufficient levy on corporate stock. 1916B-997. Conversion of stock, innocent purchaser of stock certificate from thief or finder, right of owner to recover certificate. 1913C-1117. measure of damages for conversion of stock. 18-608; 1916C-641. trover for conversion of shares of stock or certificates of such stock. 11-203. venue of action to recover shares of stock. 1913D-506. Creditor's bill to reach shares of stock. 1914B-959. "Escrow," term as applicable to corporate stock. 1916B-1031. Execution sale of stock, right to injunc- tion against. 1918C-213.' Garnishment, corporate stock as garnish- able by summoning corporation. 14- 264. Increase in value of stock under life tenancy, who entitled to. 1916B-128. Margins, ownership as between broker and customer of stock carried on. 14-986. CORPORATIONS. 205 CORPORATIONS Continued. right of broker to pledge stock carried on margin. 1912B-563. "Security," corporate stock as security. 1914D-626. Situs of shares of stock for purposes oi administration. 1915B-702. Value of stock, evidence admissible to prove. 1915C-64. D. LIEN OF CORPORATION. By-law creating lien on stock, validity. 19-704. Foreclosure in equity of lien in favor of corporation. 1912A-53. Provision in charter, statute or by-law creating lien on stock in favor of corporation, validity and effect. 3 188; 1918D-368. E. TRANSFER OF STOCK. Agreement by seller to repurchase stock on demand, validity and construction. 1918D-744. Bequest of stock by will, distinction be- tween general and specific legacies. 10-490; 19-1187. By-law regulating alienation of stock, validity. 19-702; 1916D-1202. Contract for sale of stock, effect of seventeenth section of statute of frauds and equivalent enactments. 7-930; 18-599; 1917C-991. Estoppel to question transfer by corpora- tion without authority of owner. 1913E-1177. Failure or refusal of corporation to trans- fer shares on books, right to damages. 13-299. Gift, delivery of certificate of stock without indorsement or registration as valid gift. 1912C-1235. Implied warranty on sale of corporate stock. 10-168. Laches and limitation in questioning transfers of stock without authority of owner. 1913E-1179. Law governing transfer of stock. 1917D- 959. Liability of corporation for transferring shares of stock without authority of owner. 1913E-1173. CORPORATIONS Continued. Specific performance of contract for sale of shares of stock. 5-272; 10-935; 1915D-790. Spurious stock, effect of transfer of shares to bona fide holder. 5-252. Transfer of stock not in writing, validity. 6-481. Unpaid subscription, liability of bona fide transferee to corporation. 1914B-748. Unregistered transferee, rights as against levy of attachment or execution. 21 1394; 1917A-428. F. STOCKHOLDERS' MEETINGS. Alien enemy shareholder, right to vote in election of directors. 1917C-232. Notice of meeting of corporation or di- rectors, sufficiency of notice. 1914D- 862. -waiver of notice of stockholders' meet- ing. 1916E-1038. Pledged stock, right to vote. 1912A-206. Preferred stock, right to vote, validity and effect of charter or by-law pro- vision excluding. 4567. Proxy of stockholder, rights and powers. 1912C-865. Special meeting of stockholders, notice, sufficiency as to contents. 1917E 1004. Stock-voting agreements, validity. 14- 938; 21-1297; 1915D-800; 1917B-373; 1917E-594; 191SE-252. [Voting, individual stockholder or share of stock as unit of voting power. 1914B-554. unanimous vote of quorum present as satisfying requirement that certain vote be unanimous. 1913E-1295. Withdrawal of majority after due organ- ization of stockholders' meeting, effect. 1912C-1272. G. DIVIDENDS. Declaration of dividend as contract right of stockholders or vesting in dis- cretion of directors. 1913D-777. Distinction between stock and cash divi- dends. 9-290. Life tenant and remainderman, right to stock dividend as between them. 12- 206 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. 650; 1912B-121S; 1915A-311; 191SE- 629. Pledgee of stock, right to collect divi- dends. 3-725; 1913E-1057. Preferred stock, right of holder to cumu- lative dividends. 6-216; 7-617. Stock broker and customer, right to divi- dends as between. 1915B-914. Unlawful payment of dividend out of capital, liability of stockholders to refund. 1915A-827; 1917A-575. When dividend becomes enforceable debt against corporation. 1913B-553. H. LIABILITY OF STOCKHOLDEES. Bankruptcy discharge as releasing di- rectors or stockholders' liability. 1913A-723. Changing remedy to enforce stockholders' liability, constitutionality of retro- spective act. 5-324; 7-84. Contribution between stockholders, right to enforce. 4-734. Debts for which stockholder is liable as including claim for tort. 19-138. Defectively organized corporation, indi- vidual liability of members or stock- holders for debts. 15-1144. Discharge of liability, voluntary payment by stockholder of full quota of lia- bility to creditor or creditors as dis- charging him from further liability. 1913D-71. Enforcement of stockholder's liability against estate, heirs or devisees. 1913A-384; 1915B-828; 1916C-685. foreign receiver's right to enforce stock- holder's liability. 5-573. Exhausting remedy against corporation, necessity before enforcing stock- holders' liability. 2-28; 16-1152. Forfeiture of stock on account of non- payment of subscription as affecting corporate creditors. 1912B-494. Limitation of action to enforce stock- holder's statutory liability. 3-505. Married woman, liability as stockholder. 1912C-400. Oral promise of stockholder to pay corpo- rate debt as within statute of frauds. 1912B-222; 1913D-851; 1914B-754; 1917D-358. CORPORATIONS Continued. Overissues of stock, liability of holder for payment at suit of corporation. 2- 253. Personal liability of stockholders for cor- porate obligations under statute. 2- 30. Pledge of stock as collateral security, liability of holder for corporate debts or calls. 10-783; 21-108; 1916C-567. Purchase of stock at less than par value, liability of stockholder to creditors. 5-667. property or services less than par value in exchange for stock, liability of stockholder to creditors of corpora- tion. 1915A-1269. Suretyship, contribution between stock- holders who become sureties for cor- poration. 1916B-361. Transfers of stock, liability as stockholder of transferrer of stock not entered on corporate books. 14-898. statute imposing liability for corporate debts after bona fide transfer of stock, validity and effect. 1917A- 109. stock transferred to escape liability for corporate debts, liability of stock- holder. 6-428; 18-341. transferee's liability for corporate debts. 3-1120; 1914B-754. Waiver, creditor's knowledge that stock is unpaid as waiver of stockholder's liability. 10-90. I. STOCKHOLDEBS' ACTIONS. Action between members, or between cor- poration and member, admissibility in evidence of books or records of corporation. 1917D-558. 'Attorney employed by majority stock- holders, right to recover for services where litigation results favorably to minority. 1912C-380. Fraudulent transaction consummated at expense of corporation before acquisi- tion of stock, right of stockholder to sue to set aside. 1912D-110U. Prior application to stockholders for re- lief in addition to demanding that corporate officers institute suit, as necessity before bringing action him- self. 1914A-782. Ultra vires act, acceptance by stockholder of benefits as affecting right to equi- table relief. 6-126. CORPORATIONS. 207 CORPORATIONS Continued. 13. Corporate Bonds and Securities. Exchange of bonds for stock of railroad as violation of statute prohibiting sale of municipal bonds at less thau par. 1913E-86. Individual holder of bond or coupon se- cured by mortgage, right of action. 1915D-981. Mortgages, bidding in property for benefit of bondholders, power of trustee in corporate mortgage. 1915A-237. Trustees' liability as for negligence to bondholders. 1915A-239. 14. Consolidation of Corporations. Assent of all stockholders to consolida- tion, necessity. 19-1266; 1918A-165. Fraud, right of action by corporation as passing by transfer of assets to new corporation. 1915B-951. Mortgage bonds, power of consolidated corporation to issue. 20-1282. Remedy of creditor against corporation which has become merged in another. 1914C-449. Right of corporations to consolidate in absence of legislative authority. 1913A-1192. Special or local laws annexing or consoli- dating corporations, constitutionality. 3-499. Trusts, power of successor to corporation designated as trustee to execute trust. 1915D-934. 15. Duration, Dissolution and Extension. Generally. Concentration of stock in hands of one person as effecting dissolution of cor- poration. 8-1076. Continuance of corporate existence, pre- sumption as to continuance. 1916B- 1013. Direct proceeding to forfeit special franchise of corporation, necessity. 1916B-179. Duration of corporate existence, construc- tion of statutory or charter provision. 19-1213. Eleemosynary institution, disposition of realty on dissolution. 1913A-1012. CORPORATIONS Continued. Extension of life of corporation as con- tinuation of old or creation of new corporation. 1914B-390. Foreign corporation, dissolution by court. 1913E-459. Forfeiture of franchise, as penalty for violation of law, kind of judgment within discretion of court to enter. 1912D-822. Fraud as ground for suit by minority stockholder to wind up or dissolve corporation. 15-426. Majority of stockholders, right to dis- solve going business corporation against protest of minority. 1913A- 375. Minority stockholder or stockholders, right to maintain suit to wind up or dissolve corporation. 15-422; 1918E- ' 424. Preferred stockholders, preference in dis- tribution of assets of corporation. 20-122. Religious society, termination of exist- ence. 1918D-1056. Tax exemption applying to one consoli- dator as applicable to merged corpo- rations. 13-683. Effect of Dissolution. Abatement of action against corporation to recover penalty or forfeiture as arising from its dissolution. 1917A- 1180. Attachment as dissolved by dissolution of corporation. 1917A-159. Attorney and client, relation as termi- nated by dissolution of corporation. 1913A-714. Fire insurance company, dissolution as canceling policies. 1915A-1236. Leases, effect of dissolution of corporation upon its contracts of lease. 13-577. Power of corporation after dissolution to prosecute pending or new suit. 17- 225. Wages for unexpired contract period, liability on dissolution or transfer of business. 6236. 16. Insolvency and Receivers. Contract for services of officer or agent as breached by appointment of re- ceiver. 1912A^70. 208 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. Creditor entitled to apply for appointment of receiver, who is. 1912A-901. Deadlock in corporate affairs as ground for appointment. 1914B-240. Distribution of assets on insolvency, preference to class other than that enumerated by statute, right of court to allow. 1912B-1248. Foreign corporation, appointment of re- ceiver for. 1913E-459. Misconduct of officers or directors as ground for appointment of receiver. 17-916; 1915B-581. Preference to creditors, right of insolvent corporation. 15-1218. Bailroad in hands of receiver, service of process on railroad. 1915B-597. Eeceivers' certificates, power of receiver of corporation to issue. 1913C40. Eight of corporate officers to act for them- selves in opposition to corporation after it becomes insolvent. 1915B- 197. Securities deposited with state, right to proceeds on dissolution or insolvency. 1914D-439. Tort committed by corporation prior to appointment of receiver, liability of latter. 1912A-589. Trust fund doctrine as applicable to cor- poration which is going concern irre- spective of its actual solvency. 1913E-191. Wages as preferred claims against assets in hands of receiver of corporation. 3-707. 17. Regulation of Corporations. Connections with each other, power of state or public service commission to compel public service corporations to make. 1915C-850. Legislative committee, power to make investigation of private affairs of corporation. 1916B-1063. Rates for public service corporation fixed by city, right of city to object to change by state or public commission. 1913D-89. minimum rate to be charged by public service corporation, validity of regu- lation fixing. 1916A-933. CORPORATIONS Continued. power of courts to fix or regulate rates of public service corporation. 9-823; 1916B-289. validity of statute conferring on com- mission power to fix rates. 14-614. Eelief from obligations of charter, power of municipality by ordinance to grant public service corporation. 1914D- 1071. Eules and regulations for conduct of quasi-public business, reasonableness as question of law or fact. 3-715. 18. Taxation of Corporations. "Carrying on business" in state, what constitutes within statute exempting from taxation. 18-33. Contract between municipality and cor- poration by which latter is to render services equal to amount of taxes, validity. 1914A-1263. Double taxation, assessment on shares of stock and capital stock or property as constituting. 7-1195; 13-636; 15- 895. Exemption from taxation in corporate charter, right of legislature to repeal. 13-681. what included in exemption of capital stock from taxation. 4-37. Foreign corporation shares of stock, lia- bility to taxation within state. 1916C-829, 841, 844. Franchises, place of taxation. 7-518. taxation as realty or personalty. 19- 167. Income taxes as affecting corporations^ 1913C-1008. situs of corporation for purpose of in- come tax. 1918A-426. Inheritance tax, exemption from taxation in statute or charter as exemption from inheritance tax. 1915B-1053. foreign charitable corporations, liability of bequests. 1-238; 1912B-994. situs of corporate stock for purpose of succession tax. 13-741; 1918A-555. License tax or fee, imposition on foreign corporation. 3-632; 1913C-812; 1916C-1248; 1918C-620. interstate business of foreign corpora- tion as subject to license tax or fee. 1913C-813; 1916C-1249. CORPORATIONS. 209 CORPORATIONS Continued. Mileage basis, propriety of using in assessing value of franchise of com- mon carrier. 1914B-199. Partial invalidity of statute relating to taxation of corporations. 1916D-91. Place of taxation of corporation for tangible personalty as dependent on location of principal office. 19-958. Stock transfers, taxation of. 6-523; 9- 738; 10-107. Tangible personalty in foreign jurisdic- tion, right of state to tax. 4-49S. 19. Actions by and Against Corporations. Appropriation of property by corporation without compensation, time to bring action. 1913E-1139. Argument of counsel, comment by counsel on fact that party to action is corpo- ration as improper argument. 1912A- 1292. Estoppel of defendant to deny corporate existence, in action by corporation. 1914C-1250. Evidence against corporation, compe- tency of admission or declaration of officer. 1912C-109. Mandamus as remedy to compel per- formance of duties arising out of contract. 8-410; 12-112; 1912C- 890. Mechanic's lien, service of notice on agent of corporate owner, suffi- ciency. 16-356. Misnomer of defendant corporation in publication notice as affecting ju- risdiction of court. 1913B-1256. Pleading, bare allegation of corporate name as sufficient allegation of cor- porate existence. 1913C-336. verification of pleading by corporation, manner and sufficiency. 1913A-212. what is sufficient allegation of cor- porate existence in action by or against corporation. 1913C-335. Preservation of corporate assets, right of pledgee of stock to maintain ac- tion for. 12-620. Production of books and papers of cor- poration, power of court to compel by person whom they may incrimi- nate. 1912D-569. Index to Notes 14 CORPORATIONS Continued. Quo warranto, joinder of corporation as party. 1918D-216, 222. proper parties defendant in quo war- ranto against corporation. 1913A- 570; 1918D-228. Specific performance, resolution by board of directors for sale of land as en- forceable by suit. 7-672. Witnesses, privilege of witness against self-crimination as extending to cor- poration. 1916A-380. transactions with decedent, compe- tency of officers or agents to testify. 9-181. I 20. Foreign Corporations. Generally. Additional burden after compliance with conditions for doing business in state, power of state to impose. 9-981; 17-1251. Adverse possession, right of foreign cor- poration to acquire title by. 1915C- 774. Attachment against foreign corporation on ground of nonresidence. 1916E- 362. cars of foreign railroad as subject to attachment or garnishment. 2-349; 11-910. shares of nonresident in stock of for- eign corporation as subject to at- tachment. 1915A-570. Burglary insurance, right of insurance company to engage in business in foreign state. 1913C-1177. Combination in restraint of trade, agree- ment among foreign corporations to withdraw from state as. 1915A- 256. "Corporation" as including foreign cor- poration. 13-814; 1915D-569. Court interference with internal affairs of foreign corporations. 19-84; 1913E-457; 1917A-389; 1917B-637. Doing business within state, exclusive agency for handling goods to be compensated by profits on sales as constituting. 1916E-417. liability to suit within state as af- fected by ceasing to do business within state. 6-295; 1916D-378; 1918A-397. 210 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CORPORATIONS Continued. ownership of stock of domestic cor- poration as doing business in state. 1913E-1157. ^-what constitutes doing business in state. 2-307; 6-744; 8-942; 11-320; 1912A-553; 1913E-1154; 1916A-515; 1918C-539; 1918E-1248. Eminent domain, power of foreign cor- poration to exercise right. 1915C- 929. Inspection of books of foreign corpora- tion, right to. 1913E-457. Limitation of actions, right of foreign corporation to plead. 1-9; 21-624; 1915D-913; 1917C-1024; 1917E-427. statute as suspended by institution of action by foreign corporation before compliance with domestic statute. 1913A-1326. "Real property, right to acquire and hold by devise. 6-735. Eegulatory statute, right of foreign cor- poration to question validity. 1913C- 1287. Bemoval of action brought against it into federal court, validity of pro- hibitory statute. 6-325; 1912C-1160. when defendant corporation is entitled to removal of cause on ground of diverse citizenship. 12-520. Suits against foreign corporations, in domestic forum by nonresidents. 2-210. Trustee of charitable trust, powers of foreign corporation. 8-1182. CORPORATIONS Continued. verification of pleadings, who may make for foreign corporation. 1913A-213. Service of Process. Action arising out of transaction in another state, right to serve process on public official or designated agent of foreign corporation. 1918A-392. Agent on whom process may be served, validity of statute designating par- ticular kind. 1916E-339. who is "agent" within statute provid- ing for service of process. 19-200; 1914D-985. Exclusive mode of service, statute re- quiring foreign corporation to desig- nate person upon whom process may be served as providing exclu- sive mode of service. 5-953. Nonresident suitors, applicability of statute requiring foreign corporation to grant irrevocable power of at- torney to state official to accept service of process. 13-53. Resident agent for service of process, validity of statute requiring ap- pointment. 6-42. effect of partial invalidity of statute relating to. 1916D-39. Eevocation of agent's designation for service of process as affecting lia- bility to suit within state. 6-295; 1916D-378; 1918A-397. Compliance With Statutes. Contracts, effect upon contract of non- compliance with domestic statutes. 2-63; 4-814; 6-639; 7-219, 224; 13- 512; 1914A-702; 1915C-165, right of noncomplying company to en- force domestic contract. 9-338. Estoppel of foreign corporation to allegs noncompliance with domestic statute, as defense to enforcement of con- tract. 13-514. Pleading, compliance with domestic stat- ute, necessity that complaint in ac- tion allege. 2-1004; 13-69. noncompliance with domestic statutes, necessity of pleading specially. 9- 492, CORPSE. See Dead Bodies: CORPUS DELICTI. Arson, proof, necessity, manner and suffi- ciency. 13-803; 1914C-330. Definition of corpus delicti and necessity of proof. 1-823. Embezzlement, proof in prosecution for. 17-630. Forgery, corpus delicti as showable by proof of other forgeries. 1912C-92. Larceny, proof of corpus delicti by cir- cumstantial evidence. 16-1214. CORRECTION CORRUPT PRACTICES ACT. 211 CORRECTION. Alteration of instrument, correcting name of party as material. 1912A- 1045. Appellate court, power to correct its final judgment before remand to lower court for execution. 1914D- 1297. Eminent domain, correction or amend- ment of report of commissioners. 1915A-722. Judgment, correction at suit of third party. 19-1103. criminal judgment, power of trial court to revise, correct or amend after judgment. 11-298. . power of court at subsequent term to correct judgment on evidence dehors record. 1913E-349. CORRESPONDENCE. See Letters. Attorney and client, letters between as privileged communication. 1913A-25. Contracts effected by correspondence, time when complete. 6-378. Handwriting, competency of nonexpert to testify to. 8-1035. Publication of private letters, right to restrain. 1912D-555; 1915B-105. Subpoena duces tecum, sufficiency of de- scription of letters. 15-644. Trustee's acknowledgment of holding in trust by letter as sufficient declara- tion of express trust. 1913B-1026. CORRESPONDENCE SCHOOL. Carrying on school as interstate com- merce. 14-967; 18-1109. CORROBORATION. Accessory after fact, necessity of cor- roboration of testimony. 5-763. Accomplices, confession of defendant as sufficient corroboration of accom- plice. 1916C-570. ^necessity as to cautionary instruction as to conviction upon uncorroborated evidence. 15-699. COBEOBOBATION Continued. Confessions, necessity for corroboration. 10-913; 1912B-1249. Divorce, necessity of corroboration. 1913B-3. Homicide, threats by deceased, admissi- bility in evidence of uncommuni- cated threats in corroboration of de- fendant. 1912C-485. Incest, necessity as to corroboration of prosecutrix. 18-975. Nonproduction of corroborative evidence as raising presumption against party. 1914A-915. Perjury, number of witnesses and cor- roborative evidence necessary to support conviction. 6-812. Eape, necessity and sufficiency as to tes- timony of prosecutrix. -771; 17- 413; 1913D-660. Seduction, necessity that female should be corroborated and elements to which corroboration must extend. 19-869; 1918E-468. preparations for marriage as corrobora- tive evidence of promise to marry. 1915C-138. Witnesses, admissibility, after proof of prior inconsistent statements, of prior consistent statements of wit- ness. 8-477; 1915A-512. prior consistent statement of witness who has not been impeached, admis- sibility. 1915D-338. reputation of witness at former resi- dence, admissibility to sustain his testimony. 12-395. CORRUPT PRACTICES ACT. Advertising with respect to political candidacy, statute prohibiting. 1916A-907. Campaign expenditures, statute limiting as violating constitutional liberty of speech and press. 1915B-1186. Contribution by person other than candi- date to election expenses, validity and construction of statute regulat- ing. 1918E-173. Expense statement, validity and con- struction of statute requiring candi- date at primary or election to file. 1915A-366. 212 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COSTS. 1. In General. 2. Elements. 3. Persons Entitled. 4. Persons Liable. 5. Security for Costs. 1. In General. Appellate court, power to award on dis- missal of appeal for want of juris- diction. 13-1048. Attorney, imposition of costs on attorney for misconduct. 1917B-43. Contempt proceeding, imposition of costs and counsel fees. 1913B-565. Continuance conditioned on payment of costs. 1913A-308. Divorce, power of court to decree costs and alimony against defendant not personally served. 2-819; 14-362. Exemption from execution as applicable to judgment or liability for costs. 13-258. Indemnity against costs and expenses of suit, application of statute of frauds to promise therefor. 6-673. Intoxicating liquors, penalty for viola- tion of statute, costs in action for. 1916E-873. Judgment, joint or several judgment in case of joint conviction of defend- ants for crime. 1913C-78. Jury fees, constitutionality of statutes requiring prepayment or taxation. 5-930; 12-378; 1917B-308. Juvenile court, power to award costs. 1916E-1018. Matrimonial action, allowance of attor- ney fees after reconciliation of par- ties, power of court. 1913A-798. appeal in matrimonial action, allow- ance of costs pending appeal. 3-51; 15-229; 1915B-1249. Mechanics' liens, taxing attorneys' fees, validity of statute providing for. 11-714. New trial, ejectment proceeding, pay- ment as condition precedent to new trial. 1914C-738. COSTS Continued. imposition of costs as condition for granting new trial for insufficiency of evidence. 7-183; 20-41; 1914C-728. t payment as condition precedent to new trial, under order opening default and granting new trial on payment of costs. 1912B-249. Public utility, compensation payable by municipality on acquiring as includ- ing costs of proceeding. 1915B- 1177. Eemoval of causes, taxation of costs accrued prior to removal. 1912A- 1279. Keview of allowance inter partes in equity case. 21-802. chancery decree for costs only, review of. 6-100. Ships and shipping, proceedings to limit vessel owner's liability, allowance of costs. 1913D-1236. 2. Elements. Attorney's fees, action for personal ser- vices, validity of statute allowing taxation. 17-282. appeal bond, right to recover in action on. 15-723. Expense of procuring bond in action as taxable item of costs. 19-1261. Witnesses, fees, mileage, etc., of wit- ness subpoenaed but not testifying as taxable. 6-1017. 3. Persons Entitled. Attorneys' fees, party appearing for him- self, right to tax as costs. 5-834. Taxable costs as property of attorney or client. 21-1042. Wills, action to construe will, allowance to unsuccessful party of costs and counsel fees. 1915C-714. contest, money expended in unsuccess- ful attempt to sustain will, right of person named as executor in will to recover from estate money ex- pended. 1918D-166. 4. Persons Liable. Attorney, personal liability for costs. 21-879. COSURETYSHIP COUNTIES. 213 COSTS Continued. County chargeable with expense of trial in case of change of venue. 1913B- 187. liability for costs. 1914B-892. Covenantor of warranty or against in- cumbrances as bound to pay ex- penses of successfully defending against assault on title. 1913B-873. Divorce, counsel fees incurred by wife, liability of husband. 15-21. Eminent domain proceedings, liability of land owner for costs on appeal. 1912C-533; 1916E-692; 1917E-262. Guardian or next friend of infant, lia- bility for costs as affected by latter'a attaining majority. 1914A-606. Liability insurance, costs, counsel fees, etc., incurred in defending suit where insurer fails to defend, right of in- sured to recover from insurer. 1913E-111. Public officer, liability for costs. 1915D- 563. Keversal of judgment by appellate court as affecting liability for costs of trial court. 4-79. State or federal government, liability for costs. 8-398. Stranger to record who is real party in interest, right to tax against. 1912D-1112. 5. Security for Costs. Bond for costs, sufficiency with respect to form and contents. 1913D-575. Dismissal of action for failure to give security for costs as affecting new action on demand barred by limita- tion. 3-97. Next friend, power of court to require security from next friend where ho is not proper party to prosecute suit. 1914A-946. Security after answer, right of defendant to demand. 8-944. Surety on cost bond, judgment against principal as evidence against surety. 1915D-410. COSURETYSHIP. See Suretyship. COTENANCY. See Joint Tenancy; Tenants in Common. Nature of estate created as joint tenancy or tenancy in common. 1917B-57, 116, 119, 121. COTTON-GIN HOUSE. Burglary, description in indictment, suffi- ciency. 1913D-874. COUGHING FIT. Accident arising out of and in course of employment within Workmen's Com- pensation Acts. 1913C-11. COUNCIL. See Municipal Corporations. COUNCILMAN. Councilman as municipal officer. 1914D- 1230. COUNSEL. See Attorneys. COUNTERCLAIM. See Setoff and Counterclaim, COUNTERFEIT MONEY. Advertising counterfeit money, prohibi- tory statutes. 1916A-904. Inducement to commit offense of counter- feiting with view to prosecution as defense. 17-296. Proposal to sell as scheme to defraud within postal laws prohibiting use of mails in furtherance thereof. 1914D- 1248. COUNTERSIGN. Meaning of term. 1913D-316. COUNTIES. 1. In General. 2. Creation of New Counties. 3. Claims Against Counties. 4. Contracts and Fiscal Management. 5. Costs. 214 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COUNTIES Continued. 1. In General. Bridges, maintenance and operation, lia- bility in respect to. 15-835. tolls on bridges under control of county, right to collect. 1914D-515. Certiorari to review highway proceedings, right of county to bring. 18-669. County courts, effect of partial invalidity of statute relating to. 1916D-42. Criminal offenses, jurisdiction of offenses committed in territory out of which new county is created. 14-555; 1914B-348. Delegation of power by legislature to county to enact criminal ordinances. 7-743. Devise of real estate to county, power to take. 1914A-1192. Election contest relating to county seat, equity jurisdiction. 1912C-692. Eminent domain, right of county to exer- cise power. 1913E-1079. waiver by land owner of right to com- pensation. 8-855. Ferries operated by county, right to lease. 2-694. Investigation of county government by legislative committee. 1916B-1060. Judgment lien against property of county. 4-102. Judicial notice, courthouse or county seat, judicial notice of location. 12- 937. location, area, and division of counties. 12-933. Jury, effect on competency of juror of residence in county or municipality interested in suit. 6-961; 1913A-120. Limitation of actions, right to plead stat- ute against county. 8-98. Militia, validity of statutes requiring county to support. 1-128. Municipal corporation, county as. 1914C- 968. Officers, assistant prosecuting attorney appointed by court, liability of county for compensation. 17-336. effect of partial invalidity of statute relating to compensation. 1916D-82. salary, right of officer to recover in- terest on overdue salary. 1914D-408. . COUNTIES Continued. Paupers, relief, liability of municipality or proper officers for failure to fur- nish. 1913D-1074. support of unsettled or transient pauper, liability. 1913C-82. Quarantined persons, liability for ex- penses of. 5-233. Quo warranto against county. 8-322. State funds, right of county to maintain action to restrain expenditure. 1913C-669. Statutes relating to counties, effect of partial invalidity. 1916D-40. local statutes, statutes relating to coun- ties as local. 4-661. Streets of city, jurisdiction as between city and county including city. 1914A-1051. 2. Creation of New Counties. Division of territory by legislature, time of apportionment of assets or liabili- ties. 18-324. New county, creation only on ratification by voters within territory affected, validity of statute. 1914C-626. S. Claims Against Counties. Creditor's bill as reaching claim against county. 1914B-957. Garnishment, liability of county. 3-180. Part payment as satisfaction of claim against county. 1914D-824. 4. Contracts and Fiscal Management. Appropriation of money for defense of officers, power of county to make. 3- 435. Bond issues, authority of public officer to complete after repeal of statute au- thorizing issue. 1916E-406. Contract extending beyond term of office, power of members of board of county commissioners to make. 12-988. Expert accountant to examine public ac- counts and records, power of county to employ. 1913B-1087; 1916B-1035; 1917D-442. COUNTY CLERKS COURTS. 215 COUNTIES Continued. Indebtedness, constitutional limit as af- fected by existence of two or more separate political bodies wholly or partly coincident in territory. 1912C- 449. "Necessary expenses" of administration, what constitute. 1918D-926. Eeal estate, power to sell. 1913E-528. Rewards, power to offer. 3-157; 21-62. Search for property omitted from taxa- tion, power of county to make con- tract for. 4-140; 11-487. Securities and obligations, necessary par- ties in action to determine validity. 5-858. Special assessments, liability of property in absence of express statutory pro- visions. 16-887. property of county as subject to special assessment. 1917D-847. Warrants, interest on. 3-459. validity of warrants made dependent on registration, constitutionality as to pre-existing warrants. 5-259. 5. Costs. Expense of trial in case of change of venue, county chargeable with. 1913B-187. Jurors' expenses during trial, liability of county. 17-1232. Liability of county for costs. 1914B-892. COUNTY CLERKS. Necessary expenses, what constitute. 1918D-926. COUNTY SEAT. Judicial notice of location. 12-937. Power of trial court to sit at place other than county seat. 8-939. COUNTY TREASURERS. Interest received on public funds, liabil- ity for. 1918E-105. COUPLERS. Automatic, failure to equip cars as negli- gence per se. 10-701. what cars, vehicles, etc., are within statute requiring. 1913A-949. COUPLERS Continued. Keeping in repair, construction of federal Safety Appliance Act. 14-239 ; 191 5D- 319. Protection of employees under federal Employers' Liability Act. 1916E-474; 1918B-58. COUPONS. Bonds, individual holder of coupon se- cured by mortgage, right of action on. 1915D-981. f interest coupons of other than munici- pal bonds, running of statute of limi- tations against. 1912A-733. Eailroad tickets, construction of stipula- tion avoiding coupon if detacued. 19-457. COURSE OF CONDUCT. Cruelty warranting divorce, habits or course of conduct of spouse as. 1918B-480, 500. COURSE OF EMPLOYMENT. See Workmen's Compensation. COURTHOUSE. Judicial notice of location. 12-937. Sales at courthouse, proper place where courthouse is removed, destroyed, or there is more than one. 11-166. Statutes, effect of partial invalidity of . statute relating to courthouses. 1916D-41. Trial at place other than courthouse or courtroom, power of court to hold. 1917E-1050. COURTS. 1. In General. 2. Creation and Abolition. 3. Judges Composing Court. 4. Jurisdiction and Powers. A. GENERALLY. B. FEDERAL COURTS. C. STATE COURTS. D. MUNICIPAL COURTS. 5. Rules of Court. 6. Decisions. 216 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COUBTS Continued. 1. In General. "Adjournment" of court, what constitutes. 1915R-773. "Any court," legal meaning of term. 1916E-30. Classification of courts according to popu- lation, validity. 15-861. "Court" in constitution or statute as meaning "judge." 1913E-388. Constitutional provisions relating to courts as self -executing. 7-629; 18- 200; 1914C-1117. Holding court, legal holiday, power of court to sit and try causes on legal holiday other than Sunday. 5-919; 11-559; 1916E-852. Sunday performance of judicial acts, validity. 1916B-6. terms of court, time as computed by ex- clusion or inclusion of Sunday or holiday. 1917E-937. unauthorized time for holding court, validity of proceedings. 1912B-179. Judicial power within constitutional theory as to separation of powers of government. 1913E-1097. Officers and attendants, power of court to appoint. 17-904. Place of holding court, home of witness, propriety of adjourning court to. 1914A-369. power -of trial court to sit at place other than county seat. 8-939; 1917E-1050. Statutes relating to judicial circuits and districts as local statutes. 4-662. partial invalidity of statute relating to courts, effect. 1916D-42. 2. Creation and Abolition. Juvenile court, validity of statute creat- ing. 7-831; 1914A-1227; 1915I>-701. Power of legislature to create or abolish court of record. 1913C-1160. 3. Judges Composing Court. Changing number of judges sitting in trial or appellate court, statute as ex post facto with respect to offense committed before its enactment. 1912C-1121. COURTS Continued. Court official as municipal officer. 1914D- 1232. Number of judge's necessary to transact business of court. 1912A-1251. 4. Jurisdiction and Powers. A, GENERALLY. Amicus curiae, functions and powers. 1915A-194, 201, 203. Boards and officers, review by court of school board regulations for control end discipline of pupils. 13-333. supervisory control over special officers and boards exercising discretionary powers. 2-543. "Case," meaning as used in statute in sense of action or proceeding. 21- 670. Chambers or vacation, power of court with respect to pleadings. 1916A- 1228. ' contempt as punishable at chambers or in vacation. 1913B-35. matrimonial action, right of court to hear in camera. 1913E-639. Collateral attack, irregularities in service of process as affecting court's juris- diction. 1-923. Concurrent jurisdiction, cause also triable in another jurisdiction, discretion of court as to taking jurisdiction. 3- 1153. probate and equity courts, concurrent jurisdiction in settlement of accounts of personal representatives. 2-872. prohibition to restrain court from inter- fering with or entertaining suit where court of concurrent jurisdic- tion has assumed cognizance. 14-206. s right between two courts of concurrent jurisdiction to control action. 1-409; 1912A-150; 1915B-1117. Consul or other commercial agent of for- eign country, jurisdiction of action against. 19-915. Contempt, act punishable by statute, power of court to punish as for con- tempt. 1915B-157. violation of order of another court, right of domestic court to punish as contempt. 11-1037. Courts-martial as subject to review by civil courts. 17-445. COURTS. 217 COURTS Continued. Discretionary power, exercise by court -as doe process of law. 2-317. Drainage district formation, jurisdiction of courts. 1915C-18. Ecclesiastical tribunal, decision with reference to consolidation or reunion of churches, review thereof as within jurisdiction of civil court. 19-289. Equity jurisdiction, boundary lines, juris- diction to determine. 1915A-354. damages on account of same tort, juris- diction of several actions on gronud of multiplicity of suits. 16-694; 1914B-697. elections, power to enjoin. 9-123; 1912A-723; 1918E-1153. political rights, jurisdiction of equity to protect. 1915C-898. rule that assumption for one purpose is retention for all purposes. 1912A- 803. way by necessity, jurisdiction of equity to locate. 1916A-146. wills, jurisdiction of equity to reiorm. 1917D-1157. Estoppel of litigant to deny jurisdiction by previous acts or conduct admit- ting. 14-1044. Ex parte orders, right to make without formally instituting action. 1913B- 104. Extradition proceedings, review by courts of executive action. 3-876. Federal Employers' Liability Act, jurisdic- tion of action under. 1916B-155. Pure Food and Drugs Act, proceeding to punish violation. 1915A-48. Foreign corporations, interference by courts with internal affairs. 19-84; 1913E-457; 1917A-389; 1917B-637. Governor of state, immunity from judi- cial control. 3-391; 11-620; 1913B- 789. Grand juries, review of action, extent of jurisdiction of courts. 1-842. Inherent powers of court generally. 1914A-100. Initiative or referendum proceedings, judi- cial review. 1916B-829. Interstate Commerce Act, action against initial carrier under Carmack Amend- ment, jurisdiction of state court. 1915B-89. COURTS Continued. jurisdiction of action for damages for violation of Interstate Commerce Act. 4-773; 1912A-613. Local conditions, right of court to give effect to its knowledge. 1915B-557. Mails, interference by courts with receipt or delivery. 17-1068. Mandamus against court of equal dignity or jurisdiction. 12-564. private person's right to mandamus to compel court or magistrate to per- form duty. 9-1074; 1912A-1118. refusal of court to entertain jurisdic- tion on ground of discretion when it has no discretion as warranting man- damus. 1915D-199. Military reservation, jurisdiction to prose- cute crimes committed on. 3-831; 11-753. Municipal corporations, jurisdiction of actions against. 4-1170; 10-37. Passage of laws, judicial inquiry into motives prompting enactment of legis- lative ordinance. 1-570; 1912A-716; 1917B-834. Prohibition against entertaining prosecu- tion on ground of lack of jurisdiction in trial court. 18-263. Bate regulation, irrigation company, power of court to fix or regulate rates. 16-799. public service corporations, power of courts to fix or regulate rates. 9- 823; 1916B-289. Heal actions, forum in which action for damages to realty must be brought. 3-344; 21-1314; 1913E-597; 1917E- 378. setting aside sale of realty, county in which action must be brought. 3- 727. "Residence" as synonymous with "domi- cile" in statute relating to jurisdic- tion. 1915C-789. Review of question of jurisdiction, pro- hibition as a process. 1913D-595. Sovereign or foreign state, jurisdiction of action against. 14-575; 1918E-527. Taxpayers' actions, jurisdiction of courts. 1913C-905. Territorial extent of jurisdiction, judicial notice of. 12-928. 218 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. COUETS Continued. Torrens Acts, scope of jurisdiction under. 12-835. courts of registration under. 1913C- 872. Trademarks, jurisdiction of suit for in- fringement. 15-220. Trial of past offenses, power of legislature to confer jurisdiction. 1912A-888. Vacations, power of court with respect to pleadings. 1916A-1228. ' Amount in Controversy. Counterclaim or setoff in excess of juris- diction, right to interpose. 1913D- 159. Interest accruing after suit is brought, inclusion in determining amount in controversy. 13-396. Reduction of amount due on promissory note to sum within jurisdiction of court, right of holder. 5-308. Matters in Other Country, State or County. Criminal offense committed in territory out of which new county is created. 4-555; 1914B-348. Death by wrongful act, suit in foreign jurisdiction under statute permitting recovery. 2-805; 13-1036; 1913D- 570; 1914C-719. Divorce decree passing title to land in another jurisdiction, validity. 17-859. Fraudulent conveyance of realty situate in another state, jurisdiction to set aside. 5-533. Homicide, jurisdiction of prosecution where act occurs in one state or country and death in another. 1913E- 468. Injunction against proceedings in another state or country, power of court to enjoin. 10-26; 16-673; 1913B-204; 1915A-834; 1918B-1150. Partition of land without the county, juris- diction. 1912B-991. Perjury committed in another jurisdic- tion, prosecution of. 19-781. Personalty located in another state or county, jurisdiction of action to re- cover. 1912B-838. Receivers, interference with receiver out- side of jurisdiction as subject to court's protection. 1915D-707. COUETS Continued. Trespass on realty situate in another state, power of court to enjoin. 8- 519. Who may Apply for Relief. Exhibitor at fair or exposition, right to appeal to courts from decision as to award. 15-191. Life insurance policy-holder entitled to share profits or surplus, right to ap- ply to courts for relief. 10-403. School teacher, right to appeal to courts to interfere with revocation of license. 14-298. B. FEDEBAL COUETS. Admiralty jurisdiction, action for- death by wrongful act. 13-1219. suit for contribution. 20-1236. torts, jurisdiction in admiralty. 13- 1216. Bankruptcy ancillary jurisdiction of pro- ceedings. 17-973. appellate jurisdiction of federal supreme court. 16-1016. Circuit court, jurisdiction as affected by amount in controversy in cases of joint parties plaintiff or defendant. 5-489. ' Circuit court of appeals, jurisdiction to review question of jurisdiction of cir- cuit court. 9-387. jurisdiction to review criminal cases de- cided in territorial courts. 9-394. Contempt procedure in federal courts. 1915D-1048. power of federal court to punish for contempt. 1917C-1093. Foreign creditor's claim against decedent's estate, jurisdiction of federal court to establish. 1913D-464. Practice Conformity Act, meaning of word "near" as used therein. 1913D-122. Proceedings in state court after removal of cause, power of federal court to enjoin. 13-1071. State rules as to admissibility of evi- dence, federal court as governed by. 1915B-846. Supreme court, original jurisdiction of United States supreme court, when state may invoke. 1912C-528. COURTS. 219 COUETS Continued. state boundaries, original jurisdiction of United States supreme court of action involving. 1912C-530. Territorial courts, review of decisions in criminal cases by circuit court of ap- peals. 9-394. C. STATE COURTS. Federal court proceedings, power of state court to enjoin. 11-744. Habeas corpus, original jurisdiction of state court of last resort to issue writ. 1913A-156. Inferior state courts, applicability of full faith and credit clause of federal con- stitution. 21-1153. Interstate shipment, jurisdiction of state court of action to recover overcharge for freight. 1913D-272. Juvenile courts, establishment, jurisdiction and procedure. 1916E-1Q10. partial invalidity of statute relating to juvenile court, effect. 1916D-67. power to punish for contempt. 1916E- 1014. Mandamus, original jurisdiction of court of last resort to issue writ. 20-184. National guard member, criminal jurisdic- tion of state court. 1917A-279. Naturalization, power of state court to cancel certificate. 1914B-229. jurisdiction of state court in naturaliza- tion proceeding. 1915C-428. Patent rights, jurisdiction of state court with respect to action involving. 1916B-800. Probate court, jurisdiction to construe wills. 5-473. probate court as one of inferior juris- diction. 4-1123. questions incidentally involving title to real estate, power of probate court to determine. 5-192. testamentary trust, jurisdiction of pro- bate court to administer. 21-255. title to property as between estate and stranger, jurisdiction of probate court to determine. 6-878. Removed cause, dismissal or nonsuit in federal court as affecting subsequent jurisdiction of state court. 4-891; 9-942; 1913A-332. COUETS Continued. D. MUNICIPAL COURTS. Mode of procedure governing municipal or other board exercising judicial func- tions. 1915D-1083. Offenses against state laws, jurisdiction of municipal court t& try. 18-53. 5. Rules of Court. Contravention of common law or statute, validity of rule. 19-801. Dispensing with introduction of evidence on point not disputed by parties, validity of rule of court. 1912D-795. Disregard of rules, power of court to dis- regard. 6-592. Jury trial, validity of court rule regulat- ing right to jury trial. 1914B-1184. Time for performance of act under court rule, computation where last day falls on Sunday. 7-325; 1914B-1036. 6. Decisions. Advisory opinion by appellate judges, force and effect. 1917A-495. Construction given to statute by state court subsequent to accrual of rights involved, collusiveness upon federal courts. 17-1211. Criminality of act committed after decis- ion holding statute inapplicable and before reversal of decision. 1916E- 373. effect of decision upholding statute upon act made criminal by such statute but committed subsequent to previous de- cision declaring statute invalid. 1912B-700. Dictum of state court or decision not con- curred in by majority of judges, bind- ing effect on federal courts as to con- struction of state statute. 13-573. what constitutes dictum of court. 1912C-1248. Ex post facto laws, constitutional provi- sion against as applicable to judicial decision. 1914C-228. Impairment of obligation of contracts by judicial decision as not matter for federal restraint. 4-93; 9-1121; 1915C-578. 220 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COURTS Continued. Opinions of courts as evidence. 19-404. weight and effect of opinion of courts not officially reported. 11-1107. Oral announcement by justice of peace and judgment actually rendered, which controls. 1912A-1283. Order of court as defense in action against corporation for transferring stock without authority. 1913E-1179. receiver as protected from personal lia- bility for acts under order of court. 1913D-1117. what constitutes order of court. 1917C- 1041. Participation in decision of judicial tri- bunal of disqualified member whose vote does not produce result, effect upon decision. 13-336. Referee's power to overrule previous order or rule of judge. 1913C-1250. Stare decisis, criminal or penal statute, application of doctrine to construc- tion. 1914R-1249. doctrine as applicable to decision Toy divided court. 16-113. legislative acquiescence in court de- cision, applicability of doctrine of stare, decisis. 2-725. single decision as basis for doctrine. 1914A-1080. State decisions on evidence as binding on federal courts. 16-567. United States supreme court, when de- cision is not binding on Btate court. 1913E-281. COURTS-MARTIAL. Martial law. 1914C-22. Review by civil courts. 17-445. COVENANTS. 1. In General. 2. Deeds. A. GENERALLY. B. WARRANTY. C. INCUMBRANCES. D. RUNNING WITH LAND. 3. Leases. 4. Building Restrictions. COVENANTS Continued. 1. In General. Apprentices, covenant in apprenticeship deed, liability of infant on. 20-779. Patents, implied covenant by grantor of exclusive license under patent not to derogate from such license by own acts. 18-978. Restraint of trade, covenant not to carry on similar business within prescribed limits, what constitutes carrying on business. 1915A-381. injunction as remedy for breach. 15 692; 1916C-187. sale of business as sufficient considera- tion of covenant restraining vendor from future exercise of trade or pro- fession. 1913A-293. 2. Deeds. A. GENERALLY. Absolute covenant in deed conveying prop- erty expressly subject to incumbrance, construction and effect. 15-982. Deed poll, acceptance as binding grantee as covenantor. 15-683. Eviction proceeding, necessity of notice to covenantor of good title to defend in order to conclude him in action on covenant. 13-206. Executor or administrator, personal lia- bility on covenant in deed to realty of decedent. 1914D-903. [mplied covenant of vendor of land ac- cording to map not to change or alter streets. 16-582. Limitation of action for breach as run- ning from date of breach or from occurrence of actual damage. 13-699. Negative covenants as embraced in posi- tive clause of forfeiture. 1-794. Quiet enjoyment, breach by showing of undivided interest in tenant in com- mon. 1913B-847. Right, title and interest in premises, con- struction and effect of covenant in deed. 15-1200. Seizin or right to convey, when ordinary covenant is broken if at all. 1913B- 1184. existence of railroad right of way as breach of covenant. 1912C-652. COVENANTS. 221 COVENANTS Continued. Specific performance of contract to convey land, covenants that may or may not be required in decree. 19150-490. B. WARRANTY. Breach, of covenant of warranty, entry under right of eminent domain as breach. 10-1079. railroad right of way, existence a3 breach of warranty. 1912C-650; 1916C-1198. undivided interest in tenant in common as breach of warranty. 1913B-847. Contract of sale to give warranty deed, construction of covenant. 1915B- 1022. Expenses of successfully defending assault on title, covenant of warranty as binding covenantor to pay. 1913B- 873. Intermediate vendor's right of action for breach of warranty by grantor. 4-977. C. INCUMBRANCES. Assault on title, covenantor against in- cumbrances as bound to pay expenses of successfully defending against. 1913D-873. Breach of covenant, fence, duty to build and maintain as constituting. 1913B 1067. private roadway, existence as breach. 1913D-440. public highway, existence as breach. 1914D-1011; 1917C-149. right to enter and take minerals as breach. 1914D-1140. sewer, existence of public sewer as breach. 1916B-586. special assessment outstanding as breach. 1918D-975. tax outstanding as breach. 1913E-248. unexpired lease as breach. 1914D-1176. use of land, restriction on as breach. 1913B-1065. water ditch, existence as breach. 1912D-1119. Parol evidence to vary or explain cove- nant in deed, admissibility. 1915D- 865. Purchaser's right to recover on covenant where title or incumbrance is held by him. 21-1060. COVENANTS Continued. D. RUNNING WITH LAND. Assumption of mortgage, covenant 'in deed whereby grantee assumes existing mortgage as running with land. 15-, 1055. Division fence, covenant to maintain as one running with land. 15-57. Intoxicating liquors, covenant against sale as running with land. 14-129. Party-wall agreement as personal or run- ning with the land. 8-292; 15-176. Water-power, covenant with reference to as one running with land. 1915B- 875. 3. Leases. Assignment of lease, breach of covenant against as arising by assignment of one colessee to another. 16-318. construction of covenant restricting as- signment or subletting. 1913B-889. rent, effect of assignment of lease or sublease on liability of lessee to pay. 1916E-789, 832. waiver of breach of covenant against by acceptance of rent. 1913A-1202. Implied covenant by lessor to give pos- session to lessee. 14-402. Insurance of property against fire, con- struction of lessee's agreement. 1918E-299. Mining leases, covenant for diligent pros- ecution of work. 2-446; 20-1165; 1917E-1120. Negative covenant as embraced in posi- tive clause of forfeiture in lease. 1- 794. Quiet enjoyment, implied covenant in lease. 1917C-615, 620, 625. liability of landlord for use of premises by another lessee. 14-1125. Renewal covenant, assignee's right to en- force. 12-969. construction as covenant for perpetual renewal. 13-1006; 1916C-1096. enforcement as to part only of leased premises, right of. 17-113. Repairs, measure of damages for tenant's breach of co-venant to repair. 14 152. payment for repairs or improvements, right of lessee to enforce covenant 222 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. COVENANTS Continued. therefor against successor of rever- sion. 4-439; 1918D-1180. Return of premises in condition they "now" are, time referred to in lessee's covenant. 15-881. Taxes, agreement of tenant to pay as in- cluding special or local assessment. 12-589. Water rents, covenant to pay rates as including. 8-111. 4. Building Restrictions. Basement, restriction against erection of building less than certain distance from front line of premises as applica- ble to basement. 1914A-6. Boarding-houses, construction of building restriction with respect to. 1912D- 479. Building line, construction of restriction against erection of building not less than certain distance from front line. 1914A-3. Cancellation of restrictive covenant in deed as cloud on title, power of court of equity. 1912A-765. Change of circumstances as warranting refusal by court of equity to enforce restriction. 5-48. Dwelling-house, construction of covenant restricting building on premises to use as dwelling. 1912D-477; 1915A- 419; 191&C-1054. Enforcement of building restriction, damage to complainant by violation, right to compel enforcement as de- pendent on. 1914A-904. disregard of building line as affecting right to compel others to observe it. 1913D-428. purchaser of property under general plan, right to enforce common re- striction against another purchaser. 14-1021; 1913E-822. right to enforcement as dependent on meaning of covenant being clear. 1912A-80. subpurchaser under restrictive covenant not running with land, enforcement against in equity where covenantee has no interest in adjoining lands. 1916C--942. COVENANTS Continued. Garage, construction of building restric- tion as applicable to erection. 1912D-480. restriction against erection of building less than certain distance from front line of premises as applicable to garage. 1914A-12. Industry within prescribed limits, injunc- tion against establishment, right of property owner where required con- sent of property owners has not been obtained. 1914A-979. Offensive trade or business, construction of restriction prohibiting erection of building for business offensive to neighorhood. 11-173. signboard or billboard, creation as vio- lation of restriction. 16-225. Public or public service commission as bound by building lestriction or re- strictive agreement. 1918B-591. Similar restrictions to be imposed on property subsequently sold, agreement by vendor as valid within statute of frauds. 1914A-434. Waiver by acquiescence in violation of building restriction. 1-603; 14-760; 1915B-147. CREAM OF TARTAR. Food within meaning of Food Act. 1913E- 1293. CREDIBLE. Meaning as applied to witness to will. 18-1091. CREDIBILITY. Witnesses. See Witnesses. CREDIT. Cancellation of credit where extended by mistake. 1-632. Fictitious credit to reduce amount claimed to sum within court's jurisdiction. 5-308. Injury to credit as element of damages for wrongful attachment. 1915A- 1221. Letter of credit, what is. 1912C-75. CREDIT ASSOCIATIONS CRIMINAL CONVERSATION. 223 CREDIT Continued. Loaning credit of state or municipality, construction of constitutional pro- vision against. 1913C-1230. Pledge of vessel owner's credit, authority of iraster to make. 18-875. Postal laws, making false credit state- ment as scheme to defraud within federal statute prohibiting use of mails in furtherance. 1914D-1245. Representations as to another's credit re- quired to be in writing. 1-688; 12- 332; 1914A-953. Sale of goods on credit, right of factor. 1915A-176. Taxation of credits as personalty. 2-754. Usury, sale of property on credit as within usury law. 20-1131. CREDIT ASSOCIATIONS. Communication by member to other mem- bers, blacklisting person as delinquent debtor, as libelous. 11-57. Report of mercantile agency as privileged within law of libel and slander. 12- 149; 1916E-547. CREDITOR'S BILL. Property reachable by creditor's bill. 1914B-945. CREDIT REPORTS. Furnishing, as interstate commerce. 1912B-339. CREMATORIES. State or municipal regulation. 1915C- 807. CRIB. Burglary, sufficiency of indictment with respect to description. 1913D-875. CRIMINAL ACTS. Civil case based on, burden of proof. 2- 73. CRIME AGAINST NATURE. See Sodomy. CRIMINAL CONSPIRACY. See Conspiracy. CREDIT INSURANCE. Contract, construction and enforcement of claims. 1915A-654; 1917D-75. Misrepresentation by agent as exempting insured from policy conditions. 1918E-845. CREDITORS. See Debtor and Creditor. Attachment creditor, injunction by against execution sale, right of. 1918C-264. purchaser pendente lite, attachment creditor as. 1918C-66. Chattel mortgage, who is creditor entitled to attack validity of chattel mortgage on ground of failure to file or 'renew. 1912B-1106. Judgment creditor as purchaser pendente lite. 1938C-64. Letters of administration, who is creditor entitled to. 1915A-55. Receiver for insolvent corporation, who is creditor entitled to apply for ap- pointment. 1912A-901. CRIMINAL CONTEMPT. See Contempt. CRIMINAL CONVERSA- TION. Bankruptcy discharge, effect on judgment for criminal conversation. 12-1011. Competency of husband or wife as witness in action. 1912D-1121; 1915B-713. Condonation as defense to action by husband. 10-62. Connivance by husband as bar to action. 5-867. Contract effecting compromise of action, legality. 1913A-705. Divorced spouse, right to maintain action. 1912D-619. Marriage, proof in action for criminal conversation. 15-870; 1917A-755. Ees judicata, divorce decree as res judi- cata of matters common to both ac- tions. 1916B-901, 920. Wife's action for criminal conversation. 6-661; 8-674; 14-48; 1912C-1183; 1916C-748. 224 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CRIMINAL LAW. 1. In General. 2. Criminal Responsibility. 3. Accessories and Accomplices. 4. Jurisdiction of Offenses. 5. Preliminary Examination. 6. Jeopardy. 7. Repeal of Statutes. 8. Limitations Against Prosecution. 9. Trial. 10. Rights of Accused. 11. Evidence. 12. Instructions. 13. Verdict. 14. New Trial. 15. Sentence and Punishment. See Indictment and Information. Particular offenses. See Abduction; Abortion; Adultery; Arson; Assault; Bastardy; Bigamy; Breach of Peace; Bribery; Burglary; Conspiracy; Dis- orderly Houses; Disturbing Meeting; Embezzlement; Escape; Extortion; False Pretenses; Forgery; Gaming; Homicide; Incest; Kidnaping; Lar- ceny; Libel and Slander; Malicious Mischief; Mayhem; Nuisances; Ob- scenity; Obstructing Justice; Perjury; Rape; Receiving Stolen Property; Riot; Robbery; Seduction; Solicita- tion of Chastity; Suicide; Threats; Treason; Usury. 1. In General. "Adjoining," meaning of term in con- struction of personal statute. 1913D- 848. Adoption of state criminal laws in places under federal jurisdiction, validity and construction of federal statutes. 21-946. Appeal, payment of fine as waiver of right. 1913E-300; 1916C-619. Bail as matter of right or of discretion. 1-12; 9-619. deposit of money in lieu of bail. 1918D- 536. "Child" in statute relating to crime as including illegitimate child. 1918B- 254. CRIMINAL LAW Continued. Common law, adoption in relation to crimes. 1913E-1249; 191SA-990. Constitutional provisions as self-executing. 18-202; 1914C-1119. Construction of criminal or penal statute, application of doctrine of stare de- cisis. 1914B-1249. "Conviction," "convicted," legal meaning. 1915B-283. what constitutes conviction of crime disqualifying person of right to vote within constitutional provision. 15- 103. Corporation, liability for act of mis- feasance other than homicide. 1916C- 459, 470, 476. "Crime" for conviction of which witness may be impeached, what constitutes. 1916A-274, 279. conviction of violation of municipal ordinance as conviction of crime dis- qualifying witness. 1913A-327. Cumulative penalties, recovery under penal statute. 1912A-820. "Define" or "defining," meaning of term as applied to crimes. 1914B-99. Depositions in criminal case. 1916A-1066, 1099. Estoppel, application of doctrine in crim- inal law. 3-844. Felony, prosecution by information with- out indictment, constitutionality of statute. 6-644. Injunction against prosecution under in- valid ordinance. 6-1013; 10-760. criminal prosecution, power of equity to enjoin. 1-121; 19-459; 1916C-1153. private nuisance which is also crime, right of state to enjoin. 1916C-455. public nuisance which is also crime, right to enjoin. 13-794; 1914A-440; 1916D-788. Intent not made element of offense by statute, necessity of pleading and proving. 1914D-181. "Owner" as including tenant for years in statute relating to crimes. 1912A- 317. Pendency of criminal prosecution. 1912A 844. "Person," word as used in statute relating to crime as including private corpo- ration. 20-742, 745; 1914A-1310. CRIMINAL LAW. 225 CRIMINAL LAW Continued. Physical examination of accused, power of court to compel. 1912D-227. Practice and procedure, effect of partial invalidity of statute relating to. 1916D-80. Res judicata, divorce decree as res judi- cata with respect to conviction of felony. 1916B-891. State laws, enforcement as beyond origi- nal jurisdiction of United States supreme court. 1912C-531. Statutes relating to crimes, effect of par- tial invalidity. 1916D-45. "Wound," what constitutes. 12-183. Counsel. Attorney assigned by court to defend in- digent accused, right to compensation. 1913E-206. Counsel for accused, appointment of in- experienced or unfaithful, or of in- sufficient number, as reversible error. 1912C-457. Private counsel to assist prosecution, right of. 1912B-659; 1917D-512. 2. Criminal Responsibility. Act made criminal by statute but com- mitted subsequent to decision de- claring its invalidity, effect of later decision upholding statute. 1912B- 700. criminality of act committed after de- cision holding statute inapplicable and before reversal of decision. 1916JU-373. Aliens, importation, keeping or entry for immoral purpose as crime. 1917C-250. soliciting or importing alien contract labor as crime. 1917C-261. treason by domiciled alien. 8-77. Anonymous letter, sending as criminal offense. 1917C-699. Automobiles, criminal liability of owner or driver for injuries inflicted. 18- 239; 1914A-684; 1918B-1082; 1918E- 1146. Banks, criminal liability of officer of in- solvent bank for receiving deposit. 1912B-316; 1916E-592. intent of officer as element of offense. 1917B-1081. Index to Notes 15 CRIMINAL LAW Continued. validity of statute making it crime to receive deposits when bank is in- solvent. 20-1323. when bank is insolvent within pro- hibition of statute. 1916C-85. Carriers of goods, transporting goods in violation of statute, liability of carrier when ignorant of nature of goods. 20-1156. Carriers of passengers, failure to furnish sufficient accommodations for pas- sengers, validity of statute making it criminal offense. 19-70. larceny from or robbery of passenger by stranger, liability of carrier other than sleeping-car company. 1918E- 582. Chastisement of child by parent. 1-131. Compounding offense, necessity of alleg- ing and proving actual commission of offense charged as compounded. 9-565. Corporal punishment of pupil, prosecu- tion of teacher for abuse of right. 12-357. Corporations, act not forbidden to firm or individual, validity of statute prohibiting corporation from doing. 1912D-808. corporation in hands of receiver, crim- inal responsibility. 21-694. -funds appropriated by officer for political purposes as criminal offense. 10-320. homicide, liability of corporation to indictment. 16-840; 1915B-621. knowingly making false report by cor- porate officer, what constitutes. 1912A-435. misfeasance other than homicide, crim- inal liability of corporation for act. 1916C-459. officer of corporation, criminal liability for its acts of nonfeasance or mis- feasance. 8-383. Deaf and dumb persons, responsibility for crime. 16-444; 1917B-240. Decoy letter as subject of embezzlement or larceny under postal laws. 4-878. Defamation of deceased person, criminal liability. 1917E-234. Defense in criminal prosecution, pro- hibition as remedy to determine sufficiency. 1913D-596. 226 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CRIMINAL LAW Continued. Detectives, criminal liability of private detectives. 1917A-58S. Disease, exposure of another to con- tagious or infectious diseases, crim- inal liability. 1912B-64. Elections, general penal statutes as ap- plicable to primary election. 1918E- 80. officer disclosing contents of ballot, -criminal liability. 1912C-515. Escape, criminal liability as dependent on lawfulness of imprisonment. 1912C-757. what constitutes voluntary escape, and liability of officer therefor. 1913C- 694. Exemption from prosecution of person becoming state's evidence under agreement of immunity. 18-747. False pretenses in obtaining real prop- erty as criminal offense. 9-857; 18- 397; 1915D-470. Food and drugs, conditions precedent and defenses to proceedings to pun- ish violation of federal Pure Food and Drugs Act. 1915A-49. Government stores or equipment, de- tention, purchase or taking in pledge as offense. 1918B-523; 1918D-1203. Husband and wife, abandonment or fail- ure to support wife by husband, validity of statute making it crim- inal. 1912B-280. separation agreement as defense. 1912D-1096. venue of prosecution. 1913C-596. wife having separate property or in- come, nonsupport as ground for prosecution. 1916A-857. Inducement to commit a crime with view to prosecution, as defense to such prosecution. 17-295; 1916C- 730; 1917D-954. Infants, criminal liability of infant for nonsupport of wife. 1914D-590. Insanity, acquittal on ground of insanity as affecting right to discharge from restraint on recovery of sanity. 1913A-1260. epileptic insanity in criminal cases. 18-428. irresistible or uncontrollable impulse as defense to criminal charge. 1912A- 36; 1916A-984; 1917C-609. CRIMINAL LAW Continued. kleptomania, effect upon responsibility for crime. 1914A-886. mental disease arising from use of intoxicants, criminal responsibility. 19-1169. time or stage when question of in- sanity of defendant may be deter- mined by inquisition or otherwise. 4-393; 1916E-424. validity of statute prohibiting insanity as defense. 1912B-927. Intoxicated person, liability of one who sells liquor for criminal acts of former. 1913A-511. Labor laws, violation by municipality of statute regulating hours of labor, criminal liability. 1913E-308. Master and servant, act of servant as imposing criminal liability on mas- ter. 13-707. breach of contract by servant who has received advances, validity of statute making act punishable as crime. 7-959. Medical attendance to another, religious belief as defense to prosecution for failure to furnish. 1913B-1221. Military law, offenses against conscrip- tion. 1918D-105. power to create offenses against mili- tary law. 1918B-1009. Nuisances, maintenance or failure to abate as subjecting municipality to criminal liability. 1913D-303. Obstructing justice, criminality of pre- venting person not subpoenaed from appearing as witness. 1912C-517. resisting officer, what constitutes of- fense. 1914B-813. Parent refusing to permit necessary surgical operation on child as crim- inal neglect. 1916A-337. Postal laws, use of mails in furtherance of fraud, what constitutes scheme to defraud within statute. 1914D- 1242. Prostitution, imposing criminar liability on owner of premises for use for purpose of prostitution, validity and construction of statute. 1917A-461. Public officer, malfeasance and non- feasance of de facto officer, crim- inal liability. 20-510. CRIMINAL LAW. 227 CRIMINAL LAW Continued. Quarantine, breaking quarantine or per- mitting another to break, liability. 1914B-413. Kestraint of trade, combination there- for as criminal conspiracy. 191 3E- 603. combination to raise prices as criminal offense. 1917B-1017. Ships and shipping, criminal liability of master of vessel for loss of life of passenger. 14-461. Soldier or militiaman, criminal liability for injury to person or property. 1917C-25, 32. Solicitation of chastity, civil and crim- inal liability. 2457. Sunday labor or amusement, engaging in as offense at common law or under statute other than Sunday law. 1918B-387. Threat to accuse of crime as criminal offense. 9-196; 1917B-134. prosecution threatened in connection with demand for payment of debt, criminal liability. 1917E-246. Trees and timber, cutting timber on pub- lic lands of United States, criminal liability. 1917A-18. Usury as crime, constitutionality of stat- utes. 5-386; 1912C-828. 3. Accessories and Accomplices. Accessory or aider and abettor of crime, conviction of one personally in- capable of committing. 16-467. Conviction as accessory of person in- dicted as principal. 14-311. Encouraging attack by another, liability as principal for assault. 1912A-830. Failure to disclose felony as rendering person accomplice or accessory after the fact. 19-144. Interference with evidence of crime as rendering one accessory after fact. 1912B-503. Jurisdiction of prosecution of accessory where principal crime is committed in another state or county. 10-878. Oral encouragement to another in mak- ing attack, liability for assault. 1912A-830. CRIMINAL LAW Continued. Principal in second degree, rule that accessory cannot be tried and con- victed before principal as applicable to. 8-439. Prosecution of accessory after the fact, as dependent on pendency of charge .against principal. 18-295. Receiver of stolen goods as accessory or accomplice of thief. 20-594. Suicide, criminal liability of one coun- seling, advising, assisting or com- pelling another to commit suicide. 4-1157; 16-522. Trial of aiders and abettors, liability irrespective of trial or conviction of principal. 8-439. Woman upon whom abortion is com- mitted as accomplice. 12-1009. 4. Jurisdiction of Offenses. Concurrent jurisdiction of offenses com- mitted on boundary waters between states. 1917B-919. Corporation defendant in criminal case, method or process by which court may acquire jurisdiction. 1916E- 1289. Federal Pure Food and Drugs Act, juris- diction of proceeding to punish vio- lation. 1915A-48. Military reservations, jurisdiction^ to prosecute crimes committed on. 3-831; 11-753. Municipal court, jurisdiction to try of- fenses against state laws. 18-53. National guard, jurisdiction of stats court over members. 1917A-279. Obtaining property by false pretenses, jurisdiction of offense. 4-368; 1917E- 311. Offenses committed in territory out of which new county is created, juris- diction of. 4-555; 1914B-348. Past offenses, jurisdiction conferred on existing court to try past offenses as ex post facto. 1912A-888. Prisoner forcibly or unlawfully brought within jurisdiction. 14-523; 1917D- 229. Venue, crime committed partly in one county and partly in another, va- lidity of statutes fixing. 4-1194. 228 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CRIMINAL LAW Continued. offenses committed in transitu, validity of statute authorizing trial in any county traversed. 9-616. prosecution in county other than where offense committed, validity of stat- ute authorizing. 9-615; 19-123G. 5. Preliminary Examination. Indictment before or pending prelimi- nary examination, right of graud jury to find. 1912D-145. Eight of accused to preliminary exam- ination. 1916E-312. Waiver of preliminary examination by accused person. 1917E-179. right to hold accused thereafter on other than original charge. 18-524. 6. Jeopardy. Acquittal, effect upon perjury committed during trial. 1-163; 17-754. Appeal by government as constituting second. 1-664; 1913C-772. Contempt, prosecution for contempt as criminal proceeding within rule as to jeopardy. 1912B-1008. Conviction of minor offense as bar to ' prosecution of same act charged as higher crime. 1912C-668. Crime against one government, convic- tion as bar to prosecution by an- other government for same act. 21- 64. Discharge of jury and mistrial because of sickness of accused as constitut- ing former jeopardy. 1912B-1147. Examination before magistrate as former jeopardy. 18-556. Former jeopardy as issue of law or fact. 11-993. Habeas corpus proceedings, right to raise plea of former jeopardy. 15-327. Homicide, prosecution for murder or manslaughter after conviction for as- sault and death of person assaulted as second jeopardy. 12-819. Lesser offense, conviction for on trial for greater as bar to prosecution for greater on new trial. 4-778; 16- 1206. CRIMINAL LAW Continued. Military court, trial in as bar to prose- cution in civil court and vice versa. 11-645. Mistrial, order for as constituting former jeopardy. 1-118; 10-1086; 1914B- 774. Plea of autrefois acquit, right of defend- ant to interpose while plea of not guilty is standing. 1912A-439. Prosecution under statute as bar to prosecution for same offense under ordinance, or vice versa. 1912C-37. Stopping trial and holding defendant for trial for higher offense as constitut- ing jeopardy. 1915D-886. Waiver of objection to second jeopardy by procuring quashal of first indict- ment. 14-428. failure to interpose objection of former jeopardy on second trial as waiver of plea. 6-134; 1917C-765. 7. Repeal of Statutes. Effect of repeal of act affecting proce- dure and not the substantive crime. 6-893. Eepeal of criminal statute after judg- ment, effect. 1-220; 16-469. Statutes prescribing effect of repeal of criminal statute on prosecutions for prior offenses. 6891. 8. Limitations Against Prosecution. Computation of limitation of time against prosecution. 12-60. Conspiracy, applicability of statute of limitations to prosecution. 12-242. Discharge of prisoner on failure to find indictment within prescribed time, effect of statute providing for. 3- 1059. Lesser offense barred, right to convict for, under indictment for greater offense not barred. 17-718. Eemedy of accused not brought to trial within constitutional or statutory period. 1912D-1273. Running of statute against crime as affected by indictment set aside or quashed. 8-194. CRIMINAL LAW. 229 CEIMINAL LAW Continued. When prosecution deemed commenced within statute of limitations. 1- 3]9. 9. Trial. Generally. Bills of particulars in criminal actions. 1913A-1207. Change of judges during trial as re- versible error. 18-346. right of state to demand change. 1914C-400. statute changing number of judges sit- ting in trial or appellate court as ex post facto with respect to of- fense committed before its enact- ment. 1912C-1121. Consolidation of trials, right to try de- fendant on two or more indictments at one time. 1913A-1005. Continuance, absence of counsel as ground. 1913C-437. avoiding continuance by admitting pro- posed testimony of absent witness. 1913C-488. prejudicial newspaper publication as ground for continuance. 1918A-449. Nolle prosequi, right of prosecuting at- torney to enter without consent of court. 1915D-1004.. Pleas, conditional pleas of guilty, va- lidity and effect. 1914A-451. nolo contendere, plea of. 1915B-1243. overruling plea by court of its own motion. 15-250. pleading over, right after plea of former conviction or acquittal. 9 130. withdrawal of plea of guilty, right of accused. 8-237; 16-973; "l912D-243. Reopening case after submission to jury for reception of additional evidence, right of court. 1913C-1010. Separate trials, demand for separate trial, at what time may be made. 1915B-802. order of trial of persons jointly in- dicted, after severance obtained, as within discretion of court. 1914C- 326. persons jointly indicted, state's right to demand separate trial. 1914C- 402. CRIMINAL LAW Continued. Venue, change on application of stale as matter of right or discretion. 21-1203. View in absence of accused as prejudicial error. 11-1159; 1915B-568. Witness excluded from courtroom during trial, effect of disobedience. 9-368. Conduct of Trial Generally. Commitment of witness for perjury dur- ing trial as prejudicial error. 19- 423. Compelling defendant to object to wife testifying as reversible error. 1915D-362. Custody of accused, defendant out on bail, right of court to order into actual custody during trial. 1912D- 211. Demonstration by or misconduct of spec- tator during criminal trial as ground for new trial. 12-645. Duty of presiding judge not to absent himself. 2-8; 16-627. Exclusion from courtroom, right of criminal court to exclude persons. 9-111; 20-632; 1917E-625. jury, exclusion during argument rela- tive to admissibility of dying declara- tions. 20-1143. Improper conduct of court during trial, presumption as prejudicially affect- ing jury. 1913C-1257. Sunday performance of judicial act, va- lidity. 1916B-6. Argument and Conduct of Counsel. Expression of opinion of accused as im- proper argument by prosecuting at- torney. 1916A-431. Failure of accused to testify, comment thereon as misconduct of counsel. 3-164; 20-1273; 1917D-277. Fair trial, duty of prosecuting attorney to see that accused has. 21-333. Good character, right of prosecution to comment on failure of accused to produce evidence. 19-407. * Misconduct of prosecuting officer in making improper insinuations of other crimes against defendant as error. 8-463. 230 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1913E. CBIMINAIi LAW Continued. Outlining defense to jury, power of court to require counsel for accused. 16-324. Reference by prosecuting attorney to prevalence of crime as improper. 1912A-1019. Restricting argument as constituting re- versible error. 2-435; 1917A-718. Wife of accused as witness, right to com- ment on failure of accused to call her. 17-421; 1913D-559. Directing Verdict. Refusal of court to direct acquittal as ground for predicating error. 1912C- 799. Verdict of guilty, right of court to di- rect where plea of "not guilty" has been entered. 8-808; 1916A-1241. what constitutes direction of verdict of guilty. 1916A-1252. 10. Rights of Accused, Absent witness, admission of proposed testimony as violation of constitu- tional rights of accused. 1913C- 490; 1918A-243. Arraignment, necessity of in criminal case. 12-704; 1915C-1073. waiver of right. 1917D-829. Confessions, preliminary proof by ac- cused as to voluntary character, right to introduce. 15-184. Confrontation of witnesses, inability of defendant to understand language of witnesses as depriving him of his constitutional right. 1913D-b~3. depositions, use as encroaching upon right. 1916A-106&. disbarment proceedings, right of at- torney to confrontation of witnesses. 6-582. Coroner's inquest, right of accused or suspected person to appear by coun- sel. 1916D-394. Counsel, benefit of counsel before plead- ing, right of accused. 1918D-287. -consultation with or sitting by coun- sel during trial, right of accused. 1916D-204. Demand on accused in presence of jury to produce incriminating evidence aa CRIMINAL LAW Continued. violation of constitutional privilege. 1912D-261. Disclosure of state's evidence, right of defendant to demand. 1913D-345. Dismissal of information based on self- incriminating evidence, right of ac- cused. 1914C-418. Experiments tending to incriminate ac- cused as inadmissible. 7-217. Information which led to prosecution, right of defendant to know who gave. 21-456. Inspection of minutes of grand jury, right of indicted person to inspect. 4-1055; 18-421. Jury trial, waiver of right by accused. 1-597; 9-263, 1183. whether jury may be more or less than twelve. 1914A-872. Names of state's witnesses and oppor- tunity to inspect articles to be used in evidence, right of accused to be furnished. 1914B-902. Photograph of person accused of crime, right to make. 8-1176; 16-1125. Place of trial, rights of accused in fed- eral courts. 17-1117. Presence at trial, felony charge, waiver by accused of right to be present. 1913C-1146; 1918E-375. rendition of verdict, waiver of right of accused to be present. 13-1213; 1915B-447. sentence, right of accused to be present. 6-451; 11-813. Prisoner taken to office of prosecuting attorney on arrest, propriety and effect. 20-1123. Service on defendant of copy of indict- ment or information, construction of statute requiring. 1913D-1095. Shackles, right of prisoner undergoing trial to be free from. 5-959. Speedy trial, right of convict. 17-170. Suspension of trial because of insanity of defendant and commitment pend- ing restoration to sanity as due process of law. 1913C-328. Time to prepare for trial, waiver by ac- cused of right. 17-522. CRIMINAL LAW. 231 CRIMINAL LAW Continued. Trial of own case without attorney, right of accused and effect thereof. 1913C-739. 11. Evidence. Generally. Accused armed when arrested, admissi- bility to prove guilt of evidence thereof. 15-1057. Alias and real name, necessity of prov- ing both when pleaded. 19-894. Alibi, burden of proof and sufficiency of evidence. 8-1189. Bloodhound evidence. 3-897; 8-110; 10- 1127; 1912D-39; 1915A-1193. Blood stains, law of evidence of. 15 811. Burden of proof as to whether person is duly licensed to practice profes- sion or do business other than sale of liquor. 1915B-416. Circumstantial evidence, necessity, for conviction, that it exclude every rea- sonable hypothesis except guilt of defendant. 1913E-428. Confession of defendant, as admissible against self and codefendant. 4- 918; 18-274. rebuttal of confession, admissibility of evidence. 16-791. third person's confession, admissi- bility. 1913E-722. Conspiracy to commit crime charged, where conspiracy not charged in in- dictment, admissibility of evidence. .5-984. Conviction for crime as conclusive evi- dence against accused in subse- quent prosecution for perjury in denying guilt. 13-369. Coroner's verdict, admissibility as evi- dence in subsequent proceedings. 1917B-892. Corpus delicti, necessity of proof. 1- 823. Corroboration, accessory after fact, necessity of corroboration. 5-763. ^confession of defendant as sufficient corroboration of accomplice. 1916C- 570. Dead witness, competency of former tes- timony. 1913C-464. CRIMINAL LAW Continued. Duress as defense to charge of crime, burden of proof. 1912B-1111. Escape, failure of accused to attempt to escape, admissibility of evidence. 5- 311. Eye-witnesses of crime, duty of state to call. 16-918. Falsity of report upon which accused claims to have acted, admissibility of evidence to prove. 11-607. Finger prints, law of. 1917A-417. Flight of accused person admitted to bail, admissibility. 18-901. Former testimony of absent witness, ad- missibility. 1-471; 13-973; 1913C-440, 464; 1917A-658. Husband and wife, divorced spouse as witness against or for other. 1912B- 1200. Insanity, burden and quantum of proof on issue. 3-926; 15-95. proof by general reputation. 18-935. Intent, admissibility of direct testimony of accused. 12-8; 1912D-1045. Knowledge of another, competency of wit- ness to testify to. 21-1076. Motive, admissibility of evidence tend- ing to prove other crimes against de- fendant as proof of motive. 7-66; 8-773. Other offenses as provable in arson. 1915D-174. bribery. 15-195; 1915D-181. burglary. 16-669. embezzlement. 11-816. false pretenses. 10-906; 1917C-464. forgery. 9-456; 1912C-91. incest. 10-656. intoxicating liquor prosecutions. 18- 846. kidnaping. 14-693. rape. 8-459; 18-442; 1915D-164. Presumptions, rebuttable presumptions as evidence. 3-73. Prima facie evidence as fixed by statute, validity. 6-747. Rebuttal, admissibility of evidence in re- buttal that tends to support case in chief. 1914D-1270. Rules declared by state court decisions as binding on federal courts in criminal cases. 16-569. 232 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CRIMINAL LAW Continued. Threats by third person to commit crime charged against defendant, admissi- bility. 10-323; 1913A-731. Venue, quantum of proof necessary to es- tablish. 1912B-939. Witnesses indorsed on indictment, neces- sity that prosecution should call all. 10-247. Admissions and Declarations. Coroner's inquest, admissibility of evi- dence given by defendant. 3-517; 12-161. Declarations made by one spouse in pres- ence of other, admissibility. 19-528. Former plea of guilty, admissibility. 5- 719; 1914A-1053. Grand jury, statements made by defend- ant before grand jury, admissibility. 9-1215. Letters between husband and wife, admis- sibility in evidence against writer. 3-915. Offer by accused to compromise criminal charge and admissions made in con- nection therewith. 16-458. Prior exculpatory statement by accused, admissibility to contradict evidence given by him or on Ms behalf at trial. 1917D-1101. Statements of deceased or accused before going on journey, admissibility as part of res gestae. 1913E-361. Undenied accusation of crime, admissibil- ity. 4-1042; 12-875; 1913C-240. Character Evidence. Negative evidence, admissibility to prove character. 17-108. Opinion of witness as to character of ac- cused, admissibility. 12-750. Personal knowledge or opinion of witness as to character of accused, admissi- bility. 12-750. Presumption that character of defendant is good. 1913D-407. Weight of evidence of good character of defendant. 1913E-16. Identity. Conflict between presumption of inno- cence and presumption of identity of CRIMINAL LAW Continued. person from identity of name. 1917E-122. Extrajudicial identification. 1914B-700. Identity of person, as established by identity of name of defendant in criminal prosecution with name of person previously convicted. 6-1026; 14-589; Voice, identification of accused person by his voice. 14-82; 20-403. Privilege of Accused. Demand on accused in presence of jury to produce incriminating evidence as violation of privilege. 1912D-261. Footprint, requiring defendant to furnish shoe to compare with, admissibility of evidence obtained. 9-655; 1917D- 237. Incriminating articles taken from person of accused, admissibility as evidence of crime. 3-354. Search, or seizure, admissibility of evi- dence secured by. 15-1205; 1915C- 1182. Waiver of constitutional privilege of ac- cused, by testifying in his own be- half. 2-247; 11-822. 12. Instructions. Corroboration, necessity of cautionary in- struction as to conviction upon un- corroborated evidence of accomplice in jurisdiction where corroboration is not necessary. 15-699. Erroneous instruction as to higher de- gree of crime, effect where jury are properly instructed as to, and find verdict for, lower degree. 14-989. Failure of accused to testify, instruc- tion as to. 3-909; 8-279; 10-950. Seasonable doubt, definition as doubt for which juror can give reason, propriety. 11-1019. individual juror, right of defendant, to instruction dealing with reason- able doubt of individual juror. 11- 433. propriety and effect of instruction that jurors are not at liberty to dis- believe as jurors what they believe as men. 21-564. CRIMINAL LAW. 233 CEIMINAL LAW Continued. Eequested instruction given by court, right of defendant to complain on appeal. 1913B-75. 13. Verdict. Absence of judge, right of clerk or at- torney to receive verdict. 16-90. Amendment by jury of sealed verdict. 5-395. Appeal from verdict of guilty but insane at time of commission of crime, right of defendant. 1912A-462. Chance or quotient verdict, validity. 16-912; 1917C-1225. Information as to facts given to jury by one of their number, effect on verdict. 4-274; 1912B-155. Poll of jury, right of accused. 1912B- 1236. Validity of verdict influenced by pun- ishment expected to be imposed. 1-270. Written verdict, validity. 12-79. 14. New Trial. Improper denial of challenge to juror for cause as warranting reversal where injured party has exhausted his peremptory challenges. 9-279; 1915D- 97. Intoxicating liquors, use as ground for new trial. 10-891; 1912A-1323. Justice of peace or magistrate, power to reopen criminal case decided by him. 4-767. Misconduct of jury, discussion by jurors of former conviction of defendant, or submission of record thereof as ground for. 15361. recreation allowed jury during trial as ground. 14-534. refreshment furnished juror by suc- cessful party as ground for new trial. 1912B-750. separation of jury as ground. 1-287; 1914A-734; 1916A-253. Motion for new trial, authority of suc- cessor to trial judge to pass upon. 1914B-1237. Kegligence or incompetence of attorney as ground for new trial. 1913D-49S. CEIMINAL LAW Continued. Newly discovered evidence, power of ap- pellate court to grant new trial on ground of newly discovered evi- dence. 19-508. incompetency of witness removed since trial as ground. 17-1165. time when trial court may grant new trial on ground of newly discovered evidence. 9-1037. 15. Sentence and Punishment. Alternative punishments, imposition of both. 1-734. Arrest of judgment, legal effect of order sustaining motion. 1912A-976: objections to evidence as ground. 1913E-72. Asexualization statute, constitutionality. 1914B-515. Cruel and unusual punishment, what is. 1918B-396. Cumulative sentence, partly invalid, ef- fect. 10-511. Excessive sentence as entitling prisoner to discharge on habeas corpus or ap- peal. 7-146; 1916D-368. Ex post facto law, changing punishment as. 3-77. Failure to ask convicted person if he has anything to say before sentence, effect. 1916C-95. Grade of crime, effect of punishment actually imposed to reduce from felony to misdemeanor. 8-821. Increase of sentence imposed after de- fendant has served part of his term; right of court to impose. 1913C-280. Informing prisoner of nature of charge, plea and verdict before sentence, necessity of. 19-100. Joint or several judgment and sentence in case of two or more defendants jointly convicted. 1913C-75. Mitigation or aggravation of sentence, admissibility of evidence after con- viction. 14-968. Other offenses pending against prisoner, right to have disposed of finally in passing sentence. 20-873. Pardon, power of governor, as confined to offenses against state. 1914A-484. 234 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. CRIMINAL LAW Continued. Remand for proper judgment, power of reviewing court. 3-1024. Res judicata, criminal judgment as res judicata in civil or penal action. 5- 78; 21-1184. divorce decree as res judicata with re- spect to conviction of felony. 1916B- 891. Revision, power of trial court to revise, correct or amend judgment after execution. 11-298. Second offense, necessity that former con- viction be alleged and proved before penalty for second offense can be im- posed. 1912A-1000. Statute providing penalty or punishment not mentioned in title, validity. 1912D-157. Sunday, validity of sentence pronounced on Sunday. 1916B-10. Suspension, power of court to suspend sen- tence and resentence after suspension. 8-386; 14-722; 1912B-1192. CRIMINATION OF SELF. See Criminal Law; Witnesses. CRIPPLES. Injuries permanently crippling or dis- abling, excessiveness of verdict. 16- 49; 1913A-1382. CRITICISM, Court decision, criticism by attorney as ground for disbarment. 15-205; 1918A-283. Dramatic criticism as libel or slander. 1912B-985. Literary criticism as constituting libel. 1-330. Political criticism of candidates as libel or slander. 1914C-997; 1917A-306. CROPS. 1. In General. 2. Eight to Crops. 3. Actions for Loss or Injury. 1. In General. Attachment of growing crop, what is cient levy. 1916B-994. CROPS Continued. Cropper's contract, abandonment, effect on rights of parties. 1915A-1114. relation between owner of premises and person working land for share of crops. 1914B-148. Execution, sufficiency of levy on standing crop. 15-884. Exemptions, homestead exemption as ex- tending to crops. 1912A-120. Frauds, statute of, contracts for delivery of crops to be gathered and threshed as within statute. 19-1301. Fruit growing on trees as realty or person- alty. 1912C-736. Liens, right of farm laborer to lien on crops. 20-356. Mortgage, or agreement to mortgage, crops to be planted, validity. 5-400. Parol reservation by vendor of land, va- lidity. 18-504; 1915A-1155; 1916C- 344. Replevin, growing or standing crops as subject to. 5-480. Waste, removing crops or manure as con- stituting. 1918D-546, 553. 2. Right to Crops. Decedent's estate, succession to growing crops. 17-943. Entirety, wife's right to crops of estate by entirety. 4-1101. Landlord and tenant, forfeiture of tenant's estate by his own act, right of landlord to growing crops. 15- 1033. termination of lease for fixed period, right of tenant to crops. 9-1139. Life estate, right to growing crops upon death of life tenant. 14-38. Trespasser's right to crops sown by him. 21-431; 1915D-359. [Vendor and purchaser, termination of executory contract for sale of land, right to crops. 1913B-635. 3. Actions for Loss or Injury. 'Anticipatory breach by vendee of con- tract for sale of crops for future de- livery, measure of damages recover- able by vendor. 1913C-765. CROQUET GAME CUMULATIVE EVIDENCE. 235 CROPS Continued. Leased lands, liability of third person to landlord for injury to crops. 1912D- 122. Loss or injury to growing crops, measure of damages. 6-949; 12-782. CROQUET GAME. Noise arising from playing as nuisance. 1912B-429. CROSS-BILL. Divorce, action by spouse other than for divorce, right to file cross-bill for divorce. 1912B-743. New parties, right to bring in by cross- bill. 20-1151. Quieting title, right to affirmative relief on cross-bill. 1917D-674. CROSS-EXAMINATION. Accused testifying in his own behalf, right to cross-examine. 2-247. Expert witness, right to cross-examine as to competency before he testifies. 7-583. Extent permissible to show hostility or ill will of witness. 1914B-537. Failure to cross-examine as raising pre- sumption against party. 1914A-932. Interpreter, cross-examination of. 191 3B- 264. Limiting to scope of direct examination of witness. 17-4. Transaction with decedent, cross-examina- tion of witness as waiver of right to exclude testimony. 1918D-202. Want of cross-examination by reason of illness of witness or otherwise, re- ception of testimony as reversdblo error. 16-364. CROSSINGS. See Railroads; Street Railways; Streets and Highways. CROSSING TRACKS. Passenger alighting from street-car and crossing parallel track without look- ing. 6-705; 12-912; 1916E-998. CROSS-MARKS. Elections, validity of ballot with respect to kind of mark for candidate. 1918A-1131, 1160, 1165. CROSS-REMAINDERS. Cross-remainders by implication. 1916B-> 713. CROWDS. Department store, liability of proprietor for injuries caused by crowd. 18-42. Obstruction of street by assembling of crowd as nuisance. 1916B-971. Station platform, liability of carrier to passenger for injuries caused by crowd. 1913C-574. CRUEL PUNISHMENT. [What is cruel and unusual punishment. 19-725; 1918B-396. CRUELTY. Desertion of spouse caused by cruelty as warranting divorce. 21-282. Divorce decree as res judieata with re- spect to cruelty. 1916B-887. Habits or course of conduct of spouse as cruelty warranting divorce. 1918B 480, 500. Personal violence, necessity to constitute cruelty warranting divorce. 91090. Separation agreement as bar to action for divorce on ground of cruelty. 1916C 351. CULTIVATION OF LAND. Failure to cultivate as waste. 547, 553. 1918D- CUMULATIVE EVIDENCE. Nonproduction of cumulative evidence as raising presumption against party. 1914A-915. What is within rule excluding cumulative as newly discovered evidence. 1913D- 157. 236 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. CUMULATIVE SENTENCE. Cruel and unusual punishment, cumulative sentence as constituting. 19-732. Invalidity of part of cumulative sentence, effect. 10-511. CURATIVE STATUTES. Appeal validated after time to appeal has elapsed, validity of statute. 1913D- 1261. Power of legislature to enact as affected by commencement of action in refer- ence" to matter sought to be cured. 11-694. Validation of contracts of noncomplying foreign corporation. 2-68. CURB MARKET. Sales by stock brokers on the curb, valid- ity of. $-107. CURSING. Blasphemy and profanity. 1914A-812. CURTESY. Aliens, right to take estate as tenant by. 7-504. Antenuptial agreement for release of in- terest in property of intended spouse, validity. 4-804; 16-710; 1914B-620. Barring of curtesy by instrument creating separate estate of wife. 21-1136. Debts of wife, estate by curtesy as subject to payment. 1912C-575. Divorce as barring right. 17-730. Election, act of husband as tenant by curtesy as constituting election to take under wife's will. 1916C-1205. Estate by curtesy initiate as subject to payment of debts of husband. 1914C- 1187. Insurable interest of tenant by curtesy. 2-33. Lands held under contract of purchase, right of curtesy in. 15-580. Life estate, right of curtesy in lands sub- ject to. 6-93. Seizin and birth of issue, necessity of concurrence to support estate. 15- 730. CURTILAGE. Burglary of buildings within curtilage, description in indictment, sufficiency. 1913D-870. CURVES. Liability for injuries caused by street-car striking pedestrian in rounding curve. 1916E-679. CUSTODIAN OF ENEMY PROPERTY. Powers and duties. 1918C-713, 741. CUSTODY. See Parent and Child. Contract by parent transferring custody of child, validity. 6-939; 11-217; 1913B-886; 1916A-996. Taking child from custody of parent as element of crime of abduction. 1913A-585. Wife, right of husband to control or custody. 1914C-1147. CUSTODY OF LAW. Funds in legal custody as reachable by creditor's bill. 1914B-960. Injunction against execution sale of prop- erty in legal custody, rierht to. 1918C- 230. CUSTOM. See Usages and Customs. Architects, retention of ownership of plans submitted. 2-714. Unconscious performance of physical act as result of constant repetition of act. 1913A-1143. CUSTOMS DUTIES. "Knowingly" entering goods under false invoice. 1912A-434. CUSTOMS OFFICERS DAMAGES. 237 CUSTOMS OFFICERS. CYCLING. Injury on wharves, docks or piers, right Injury to canvasser or collector while to damages. 1916C-142. CUTS. Excessiveness or inadequacy of verdict for injuries. 16-41; 1913A-1377; 1916B-404. CUTTING TIMBER. Bight to cut after expiration of time specified in contract of sale. 4-1050; 12-731. cycling as accident in course of em- ployment within Workmen's Corn, pensation Act. 1913C-10, 12. CYCLONE INSURANCE. Storm contemplated by policy. 272. 1913A- CY PRES DOCTRINE. General charitable intent essential to application. 1-541; 1912D-1170. DAILY NEWSPAPER. What is "daily" newspaper. 16-421. DAMAGE BY ELEMENTS. Construction of such or similar phrase as used in contract. 1917B-296. Meaning of term 1913A-1100. DAMAGED. as used in lease. DAMAGES. 1. In General. 2. Eight of Action, 3. Elements of Damages. 4. Measure of Damages. 5. Nominal Damages. 6. Exemplary or Punitive Damages. 7. Double and Treble Damages. 8. Liquidated Damages or Penalty. 9. Mitigation or Aggravation. 10. Excessiveness or Inadequacy of Ver- dict. 11. Pleading. 12. Evidence. 13. Instructions. 14. Mode of Assessment. DAMAGES Continued. 1. In General. "All damages," meaning of term. 1917E- 82. Assignability of cause of action for dam- ages for breach of contract. 1912A- 497. Equity jurisdiction of several actions for damages on account of same tort on ground of multiplicity of suits. 16 694; 1914B-697. Exoneration between municipality and abutting owner. 1-945; 14-1047; 1918C-1144. Injunction, accounting for damages in ac- tion to enjoin unfair competition or infringement of trademark, power of court to decree. 20-59. t alternative damages to injunctive relief, validity of decree awarding. 13-439. Quo warranto, whether fine or judgment for damages may be imposed. 1913D- 942. Yenue, forum in which action must be brought for damages to realty. 3-344; 21-1314; 1913E-597. 2. Right of Action. Abduction or enticing away of child, right of father to maintain action for dam- ages. 1914A-896. Adjoining land owner, railroad construc- tion through land over which it has 238 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAMAGES Continued. acquired right of way, right of ac- tion for damages. 19-335. Animals, trespass by fowls on another's land, right to damages against their owner. 1913C-757. Blasting accompanied by actual physical invasion of property as creating liabil- ity for injury as a trespass. 11-347. Brokers, real estate broker's right to re- cover damages from purchaser pro- cured by him for breach of contract of purchase. 11-476. Carriers, ejection of passenger holding in- valid ticket through carrier's fault, right to recover damages. 9-889. panic -on street-car, right of passenger to recover for injuries. 1913D-907. personal injury of passenger, care re- quired of injured person as affecting right to damages. 21-513. Civil rights, action for damages for vio- lation of statute. 9-72. Contracts, anticipatory breach of life in- surance contract, right to sue for damages. 9-665; 12-38. deceit, right of action for damages as affected by performance of contract after discovery of fraud. 7-280. unenforceable contract, right of action to recover damages for breach. 1915D-540. Copyrights, common-law action for dam- ages for infringement. 5-279. unauthorized use of literary production of another, right to damages in ab- sence of statute. 13-257. Corporations but not individuals subjected to damages, validity of statute. 1914B-975. 'forged or spurious stock certificates, right of bona fide purchaser to re- cover damages. 5-251. Death by wrongful act, child injured be- fore birth, right to recover for death. 1914C-615. instantaneous death as affecting right to recover damages. 3-54. Eminent domain, consequential damages arising from proper exercise of gov- ernmental powers as taking of prop- erty. 4-1185. exclusiveness of statutory remedy for damages for taking of property. 14- 1150. DAMAGES Continued. subsequent accrual of damages, award in eminent domain proceedings as bar to recovery. 1915A-583. voluntary discontinuance as entitling land owner to recover compensation. 8-734; 1912B-944; 1916D-723; 1916E- 991. waiver by land owner of right to com- pensation for taking of lands under power of eminent domain. 8-855. Fences, erection of spite fence, right to recover damages for. 19-478. Goodwill, recovery of damages for injury to goodwill of business. 1914B-879. Imprisonment of husband, right of wife to recover damages. 1916C-481. Indemnity, necessity of actual damage be- fore recovery on contract. 1913D- 1152. Injunctions, acts of defendant pending suit rendering injunction ineffective, right of plaintiff to recover damages. 1914D-179. damages sustained after injunction made permanent, recovery on injunc- tion bond. 16-1123; 1913C-1277. Insurance company failing or refusing to pay loss, constitutionality of statute imposing damages. 5-405; 14-301. Interstate commerce act violations, juris- diction of action for damages. 4-773; 1912A-613. Intoxicating liquors, wrongful revocation of liquor license, right of licensee to recover damages. 14-674. Irrigation ditch, liability of owner for damages arising from construction and maintenance. 13-267; 1916D- 981. obstruction or injury of irrigation ditch, right of water user to damages. 1913E-106. Judgment obtained by perjury as giving injured party right of action for dam- ages. 18-23; 1913C-802. Landlord and tenant, abandonment of premises by tenant, recovery of dam- ages by landlord under covenants of lease. 14-1092. eviction of tenant, by title paramount, right to recover damages. 1916D- 1147. DAMAGES. 239 DAMAGES Continued. forcible ejectment after termination of lease, right of tenant to recover against landlord. 12-770. nuisance existing at commencement of tenancy, right of landlord to recover damages to premises. 6-150. water fixtures used by one tenant caus- ing injury to another through defects, liability of landlord. 14-1125. wrongful eviction, recovery of damages by tenant. 6-460; 1912A-860. Legal proceedings, liability for damage caused by exercise of right to institute or continue. 21-873. Libel and slander, liability of master or principal for libel or slander by ser- vant or agent. 21-343. Marriage induced by fraud, right to dam- ages. 1915D-220. Mines and minerals, vendee under con- tract of sale, right to sue for dam- ages. 1913C-1103. Patents, governmental agents as liable for infringement of patent rights. 15-1110. Personal injuries resulting from breach of warranty of sale, right to recover damages. 5-588. Eailroads, street laid out across railroad right of way, recovery for loss of property rights. 15-14. Kelatives, liability for refusing to permit person to visit relative or attend funeral. 1914A-1248. Restraint of trade, unlawful combination to prevent merchant getting goods to sell, right of action for damages. 9 1189. Sales, breach of warranty, right of condi- tional vendee to recover damages. 1918B-914. toy pistol, liability of seller in damages for injury to child resulting there- from. 1913C-804. Seduction, right of woman seduced to re- cover damages. 8-1115; 1912B-1062. Streets and highways, access to property, special injury resulting from street obstructions interfering with owner's access, what constitutes. 11-289. change of established street grade after improvements made, right of abut- ting owner to recover damages. 1916D-1143; 1916E-371. DAMAGES Continued. obstruction of highway, right of pri- vate citizen to recover damages for nuisance. 19140-1128. special damage to abutting owner by construction of street railway in high- way. 21-1379. Telegraph company, claims against, pres- entation within certain time, validity of stipulations on telegraph, blanks requiring. 4-613. failure to deliver message containing offer to make contract, liability of telegraph company. 1914C-208. telegrams, necessity that damages from failure to transmit be contemplated. 1-361; 10-479. Trademarks and trade names, infringe- ment, recovery in equity and in ac- tions at law. 18-461. Tree overhanging boundary line, right of adjoining land owner to damages for injuries caused. 1918B-1166. Vendor and purchaser, grantee injured by subsequent conveyance of, land to an- other, right to recover damages from grantor. 20-1126. Waste, right of action of contingent re- mainderman. 1912A-543. Waters, percolation of water from arti- ficial reservoirs, liability of owner. 5-681; 13-219. pollution of stream, joint liability of persons acting independently. 10- 773. 3. Elements of Damages. Attachment, injury to credit as element of damages for wrongful attachment. 1915A-1221. Breach of promise of marriage, seduc- tion as element of damages. 5-107; 8-917; 1914B-1200. Carriers, passenger carried beyond desti- nation, elements of recovery. 16- 187; 1914A-333. Conflict of laws as to elements of dam- ages in actions of tort. 4-524. Criminal conviction or acquittal as af- fecting recovery of damages. 5-80. Dead bodies, mutilation, elements of dam ages recoverable. 1918D-736. 240 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAMAGES Continued. Death by wrongful act as element of re- covery in civil action between third persons. 1917B-886. element of earning capacity or life ex- pectancy as affected by evidence of habits or physical condition of de- ceased. 1916E-652. funeral expenses as element. 6-201; 13-744. law governing distribution of damages recovered. 8-149; 1913D-282. Dentists, elements of recovery for mal- practice. 1914A-276; 1918C-1192. Ejectment, interest for the value of prem- ises during period of detention as recoverable. 16-853. Eminent domain, contingent advantage to owner as element of compensation. 1914B-512. danger of injury to persons or livestock as element of damages to land by construction of electric power line or railroad. 11-697; 19-929; 1915A- 1255. deduction of benefits in assessing dam- -ages. 13-603; 19-859; 1914B-478. fears of injury resulting from use of land taken as element of damages. 1917C-884. fixtures, value as element of damages in condemnation of property. 1916C- 780. injury to personal property or expense of removal from premises, compen- sation recoverable. 8-696; 16-787; 1918B-886. interest, right to as part of compensa- tion in condemnation proceedings. 15-108. loss of profits or injury to business as element of damages. 1918B-869. source of water supply, availability of stream on land as element of value. 1912C-1238. Fright, bodily pain and suffering result- ing from fright without actual physi- cal violence, right to recover for. 12-741. Interest, conversion or injury of property, allowance of interest on damages, 1 763. personal injuries, right of jury to allow interest on damages. 1913B-207; 1914D-996. DAMAGES Continued. statutory designation of recoverable damages, right to recover interest in absence of provision. 1913B-857. I/andlord and tenant, eviction of tenant, elements of damage. 6-460. Libel and slander, counsel fees in -action for libel or slander, recovery as dam- ages. 16-514. loss of election or appointment to of- fice as element of damages. 1918B- 1129. Life estate, right of life tenant to re- cover damages for injury both to life estate and to inheritance. 1916C 881. Loss of time as element for loss of prop- erty. 17-1080. Loss of use in case of injury to article used for pleasure, right to recover. 1917A-127. vessel, loss of use resulting from colli- sion without total loss, right to re- cover. 1917B-999. Mental suffering, assault cases, mental suffering as element of damages. 1915C-84. carriers, breach of contract of carriage of goods or baggage, mental suffering as element of damages. 1915D-89. death by wrongful act, mental anguish as element recoverable by parent for death of minor child. 1916B-534. evidence, necessity and competency. 1912B-538. libel or slander, mental or physical suf- fering, right to recover damages. 1914C-291. 'physical injuries of another, mental suffering as element of damages. 5-579. separate action, right to recover for mental anguish in. 648. telegraph cases, conflict of laws as to recovery. 7-1068; 19-1063. delay in delivery of telegram, person whose name or interest does not ap- pear on face or otherwise, right to recover for mental anguish. 10-648. mental anguish doctrine in telegraph cases. 1-355, 359; 8-474; 13-399; 1912D-838. statute permitting recovery for mental anguish, validity. 1913C-865. Personal injuries, future pain and suffer- ing, right to recover for. 9-1051. DAMAGES. 241 DAMAGES Continued. humiliation or mortification on account of disfigurement as element of dam- ages recoverable. 1918D-65. impairment of prospects of marriage as element. 15-53. loss of consortium, right of husband to recover where statute gives wife right of action for injuries. 1912B- 1125; 1916C-S86. loss of earnings by married woman in consequence of personal injuries. 4 205. loss of services of minor child as ele- ment of recovery by mother deserted by her husband. 1912A-991. loss of society of child as element of damages in action by parent. 18 479. loss of time or earning capacity as element in action by infant for per- sonal injuries. 8-1107. loss of unborn child as element in ac- tion for injuries to woman. 19-266. nursing rendered gratuitously, value as element of damages. 1914D-926. Profits, breach of contract, profits as damages, right to recover where prof- its are very object of contract. 1914D-36. brokers, breach of contract to sell on commission, recovery of profits, as damages. 6-976; 10-654; 1917B- 1194. building contract, prospective profits as damages on rescission of contract for failure of owner to make pay- ment. 1916C-59. collision, prospective profits as element of recovery for total loss of vessel. 6-131. personal injuries, business profits as ele- ment of damages. 11-45; 17-658. telegram, delay in delivery, loss of profits as element of damages. 1914A-1297. Replevin, detention of property, value of use as recoverable by successful party in replevin. 1914A-378; 1917B- 1086. further detention during appeal, right to recover damages. 1916A-622. right of defendant to compensation for depreciation in value of property re- turned. 2-9G1. Sales, breach of contract for sale of per- sonalty, insurance, storage and resale Index to Notes 18 DAMAGES Continued. charges as elements of recovery. 1913A-615. food, consequential damages for breach of implied warranty on sale. 16-497; 1913B-114; 1915C-143. seed, failure of crop, seed not true to name, and noxious seed as elements of damages for breach of warranty. 1918B-83, 96. Special damages properly pleaded con- sisting of liability incurred but not paid, right to recover in action of tort. 1913D-761. Subjacent support, risk of future sub- sidence as element of damages. 5- 760. 4. Measure of Damages. Acknowledgment, falsely certifying, dam- ages recoverable. 13-719. Adjoining land owners, injury to lateral and subjacent support. 5-219, 760; 10-77. Agency, exclusive selling territory of agent invaded by principal, damages recoverable by agent. 1912C-1252. Alienation of affections of husband, dam- ages recoverable by wife. 6-665; 1916C-752. measure of recovery in action against parent or guardian. 8-815; 1917E- 1021. recovery against relative other than parent or guardian. 1917E-1029. Ancient lights, measure for obstruction. 1913A-741. Animals, communication of disease by animals to other animals, measure of damages. 15-1003. Attachment, counsel fees as recoverable on dissolution. 10-954; 1914D-815. injury or loss of attached property, measure of damages recoverable from attaching officer. 1912A-1116. wrongful levy of attachment, damages recoverable. 1915B-1219. Attorney, negligence or breach of duty, extent of liability. 1917B-38, 54. Automobile sales agency contract, meas- ure of damages for breach. 1917E- 576. Bills and notes, dishonored bill of ex- change, damages recoverable by holder. 1913A-810. 242 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAMAGES Cont inued. Building contract, measure of damages for defective work. 1913B-781; 1916E-752. Burglary insurance, damages recoverable in action on policy. 1913C-1181. Carriers of goods, delay in transporting goods for exhibition purposes, meas- ure of damages. 5-827; 1918E-1057. depreciation in value of goods as re- sult of delay in transporting. 1917D- 164, 173, 180. deviation of route, measure of damages for injury to goods or livestock. 15- 79; 1914B-1004. discrimination in favor of other ship- per, measure of damages recoverable. 1915A-337. Carrier of passengers, boarding train for purpose of being expelled, amount of damages recoverable. 12-489. delay in transporting passenger, meas- ure of damages. 17-954; 1915 A- 1078. failure of carrier to stop at flag station to receive passengers, measure of damages. 12-1003. robbery or larceny of passengers' ef- fects. 1918E-586. Checks, wrongful dishonor of check, dam- ages recoverable by deposition. 7- 819; 10-899; 1913A-1001. Confusion of goods, measure of damages for wrongful confusion. 1913E-672. Contract to pay sum of money in speci- fied articles or commodity, measure of damages for breach. 1916A-965. breach by one party, measure of recov- ery by other party. 1918C-891. government contract, measure of recov- ery against contractor for breach. 1918E-8. insurers' contract to repair or rebuild, measure of damages for breach. 16-108. interference with contract relations. 2-443; 1912D-1162. lessee's contract to insure premises, damages recoverable for breach. 1918E-303. part performance of contract for ser- vices void under statute of frauds, measure of recovery. 4-463. theatrical contract, damages for breach of contract for services of theatrical performer. 1914B-9; 1917C-395. DAMAGES Continued. will, breach of contract to make will. 1918A-854. Conversion of, or failure to deliver house- hold goods. 3-891; 1917B-585. mortgaged chattels by third person, measure of recovery in trover by mortgagor. 21-82. shares of stock, damages recoverable. 18-608; 1916C-641. Corporation, deprivation of stockholders' preference right to subscribe for new stock, measure of damages. 9-747. refusal of corporation to transfer shares of stock on books, damages recover- able. 13-300. Criminal conversation, damages recover- able by wife in action for. 1916C- 752. condonation as element in mitigation of damages. 10-62. Crops, loss or injury to growing crops, damages recoverable. 6-949; 12-782. Death by wrongful act, damages recover- able in action by collateral next of kin. 10-113. husband or parent's death, measure of damages. 3-103; 16-932. intoxication as cause of death, damages recoverable against liquor seller. 1- 134; 1917B-540. minor child's death, measure of recov- ery by parent. 1912C-58; 1916B- 532. wife's death, measure of recovery by husband. 1915A-700. Elections, rejection of elector's vote by election officers, damages recoverable. 20-1014. Eminent domain, measure based on value arising from adaptability to partic- ular use. 1916E-S86. street laid across railroad right of way, damages recoverable by railroad. 15- 15. Exchange of property, damages recover- able for breach of contract. 15-475. false representations inducing ex- change, measure of damages. 15-458. False imprisonment, measure of damages. 8-36. Federal Employers' Liability Act, dam- ages recoverable under. 1914C-181. Fire insurance, breach of contract by fire insurance agent to insure own- DAMAGES. 243 DAMAGES Continued. er's property, damages recoverable. 1918B-1040. Fraud, misrepresentation as to value of goods sold, measure of damages. 1913E-274. Gas company wrongfully refusing to sup- ply gas, damages recoverable. 1915B- 96. Injunction, dissolution of injunction, counsel fees as recoverable. 8-712; 13-262; 1912D-715. wrongful issuance of injunction, meas- ure of damages. 1918C-317. Insane person, action against lunatic for tort, measure of damages. 21-1355. Landlord and tenant, agreement to take lease, liability of proposed lessee for breach. 1912C-1053. delivery of possession, damages recov- erable for failure of landlord. 1915B- . 805. holding over without consent of land- lord, measure of recovery. 17-284. improvements, recovery for breach of covenant to make. 4-899. renewal of lease, damages recoverable from lessor for failure to review. 1913D-208. repairs, damages recoverable for breach of covenant to repair by either land- lord or tenant. 14-152; 15-563. third person injuring premises, damages recoverable. 1912D-128. Libel and slander, lawyer, damages re- coverable for libel or slander against lawyer. 1912A-381. measure of damages recoverable against master or principal for libel or slan- der by servant or agent. 21-346. Livestock, measure of damages for in- juries to. 5-416; 13-1141. Market value, measure for loss or destruc- tion of property having no market value. 9-1148; 1917B-579. Mines and minerals, appropriation of mineral lands, measure of damages. 2-966. 'extraction of minerals by tenant in common, recovery by cotenant. 1918B-584. flooding mine by neighboring mine owner. 1914C-461. wrongful working of mine, measure of damages. 8^3; 1913A-562. DAMAGES Cont inued. Municipal corporation, amount recover- able against municipality as affected by statement of damages in claim previously filed. 4-826; 1912B-869. Personal injuries, measure of recovery. ' 1913A-1361. Personal property partly destroyed or in- jured by negligent act, damages re- coverable. 1915D-795. Pledgee refusing to return pledge upon tender of debt, recovery by pledgor. 18-720. Process, failure to execute, presumption as to damages recoverable. 2-11. Public officer, emoluments of office as re- coverable from de facto by de jure officer. 12-895. Eailroads, breach of contract to erect depot, measure of damages. 4-999. Eeplevin, breach of replevin bond, right to recover value of property. 4-1135. Restraint of trade, damages recoverable for breach of agreement by seller of business not to re-enter business in competition with buyer. 1914A-1153. Sales, anticipatory breach on sale of crops, nursery stock, trees or the like, for future delivery, damages recover- able by vendor. 1913C-765. delay in delivery of goods sold, measure of recovery as affected by purchase for resale, or for specific purpose. 21-607. instalment delivery of goods, measure of recovery by vendee or vendor for breach of contract by other. 6-166; 1913C-122. manufactures, breach of contract to purchase article to be manufactured, damages recoverable by vendor. 7- 1175. misrepresentation as to value of goods sold, measure of damages. 1913E- 274. seed, breach of warranty on sale, measure of damages recoverable. 1918E-485. uniform sales, breach of contract of sale within act. 1918D-418. warranty of title of goods sold and other personalty, recovery for breach. 7-937; 1912B-1340. Search and seizure, unlawful search of person or premises, what damages recoverable. 1913B-1158. 244 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAMAGES Continued. Ships and shipping, vessel owner's limited liability, measure in determining. 1913D-1230. wrongful discharge of seaman, measure of recovery. 14-946. Slander of title, what damages recover- able. 21-221. Stock broker's conversion of shares held for customer, measure of damages. 1915B-925. Telegraph company, employment contract, failure to deliver message offering, what damages recoverable. 1915D- 223. goods ordered for resale, measure of recovery for failure to deliver tele- gram. 14-741. prices or state of market, measure of recovery for telegram erroneously transmitting. 3-429; 1912C-1279. transmission of money by telegraph, measure of recovery against company for failure to transmit. 7-535. Telephones, wrongful deprivation of tele- phone service, damages recoverable. 1913B-1120; 1915A-986; 1918E-120. Trees and timber, destruction of trees upon highway, measure of damages. 1-786. injury or destruction of standing trees, damages recoverable. 15-916; 1912A- 919. Vendor and purchaser, breach of contract to sell land due to vendor's inability to make title. 2-634; 1917B-858. Waters and watercourses, percolation from reservoir, damages recoverable for resulting injury. 5-683. pollution of watercourse, measure of damages. 9-534; 21-1054. 5. Nominal Damages. Compensation for interest acquired by telegraph company in railroad's right of way. 1-741. Failure to give nominal damages as re- versible error. 5-225. Passenger carried beyond destination, when entitled to nominal damages. 16-187. DAMAGES Continued. 6. Exemplary or Punitive Damages. Act punishable as crime, validity of stat- ute authorizing recovery of exemplary damages. 9-638. Assault, right to recover exemplary dam- ages in action for. 11-1175; 1915B- 128. Assessment of punitive damages in differ- ent amounts against joint defendants, right of. 1913D-107. Attachment bond, right to recover puni- tive damages in action on. 1915A- 349. Breach of promise of marriage, right to recover punitive or exemplary dam- ages. 1914B-319; 1915A-298. Carrier of passengers, baggage, failure to transport to proper place, right to recover punitive damages. 9-913; 11- 837. passenger carried beyond destination, right to recover exemplary damages. 16-190. Contract other than contract to marry, exemplary damages in action on. 3 413; 16-104; 1917E-412. Death by wrongful act, right to recover exemplary damages. 6-194. minor child's death, exemplary damages as recoverable by parent. 1912C-67; 1916B-535. Equity, power of court of equity to award exemplary damages. 15-547. Eviction, allowance of punitive damages in case of unlawful eviction. 6461. Exemplary damages as matter of right. 19-574. Interest as element recoverable where exemplary or punitive damages al- lowed. 1-765. Libel or slander, allowance by jury of exemplary damages. 14-823. Replevin or claim and delivery actions, punitive damages in action of. 4-71. Trademark, right to exemplary damages for infringement. 1913A-355. Trespass on realty, injury to person as warranting recovery of exemplary damages. 16-75. DAMAGES. 245 DAMAGES Continued. 7. Double and Treble Damages. Eviction, allowance of treble damages for wrongful eviction. 6-462. Interest as element where double or treble damages permitted. 1-765. Fire set by railroad, validity of statute imposing double or treble liability. 19120-703; 1916A-190. 8. Liquidated Damages or Penalty. Certified check or other deposit made with bid as liquidated damages. 1916C- 432. Deposit by tenant to secure performance of stipulations of lease as penalty or liquidated damages. 19-216. Forfeiture stipulated for breach of con- tract as liquidated damages or penalty. 1-244; 10-225; 1912C-1021; 1915C-945; 1916C-339; 1916D-197; 1917D-739. Stipulation for liquidated damages in contract not to engage in same business as barring remedy by in- junction for breach of covenant. 1916C-191. as barring defense to action for specific performance. 8-359. 9. Mitigation or Aggravation. Assault and battery, evidence of matters admissible without pleading in miti- gation. 21-116. provocation for assault as matter in mitigation. 1-899; 19-762; 1917D- 582. Breach of promise of marriage, aggrava- tion of damages by attack of de- fendant on plaintiff's character. 19- 1128. offer by defendant to marry plaintiff as admissible in mitigation of dam- ages. 20-1354; 1917A-653. seduction of plaintiff as element of aggravation of damages. 5-107. Contract for personal services, duty to minimize damages for breach by earnings of employee in other em- ployment. 1914A-810. Contributory wrong of plaintiff as pre- cluding recovery. 11-134. DAMAGES Continued. Conversion of chose in action, insolvency of maker as admissible in evidence to mitigate damages. 6-841. Criminal conversation, condonation as element of mitigation. 10-62. Death by wrongful act, inheritance by plaintiff of property from deceased as admissible in evidence to mitigate damages. 1916D-340. False imprisonment, evidence admissible in mitigation of damages. 1914A- 1018. Gratuity from third person as mitiga- tion of damages. 1-213; 10-794; 1915C-893. Injunction wrongfully issued, duty of in- jured party to minimize damages. 1918C-673. Libel and slander, failure of defendant to establish defense of justification as matter to be considered in esti- mating damages. 1914D-1059.- intoxication as ground for mitigation of damages. 1916E-564. provocation as matter in mitigation of damages. 4-923. retraction, admissibility of evidence for purpose of mitigating damages. 15-84. Malicious prosecution, bad character of plaintiff as admissible in evidence in mitigation of damages. 4-840; 1916D-1170. Personal injuries, duty of person injured by negligence of another with refer- ence to securing physician. 19-979. Trespass, admissibility of evidence of benefit to owner in mitigation of damages. 20-925. Waters, percolation of water from reser- voir, duty of person injured to minimize injury. 5-683. 10. Excessiveness or Inadequacy of Verdict. Alienation of husband's affections, ex- cessiveness of verdict. 1912A-950; 1912C-1183. Breach of promise of marriage, what is excessive verdict. 16-981; 1915D- 492. Civil damage act. what is excessive ver- dict for death under act. 18-1238; 1915C-460. 246 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAMAGES Continued. Death by wrongful act, excessive ver- dict, what is. 18-1209; 1915C-449. inadequate verdict, what is. 1916B 460. pain and suffering of deceased in ac- tion for death by wrongful act, what is excessive verdict. 18-1239. False imprisonment, excessiveness or in- adequacy, what is. 1916C-505, 519, 521. Inadequacy of damages recoverable for breach of partly performed oral con- tract as warranting enforcement of contract by specific performance. 1-999. Libel or slander, excessiveness of ver- dict. , 1913B-700; 1916D-1175. Malicious prosecution, excessiveness or inadequacy of verdict. 1916C-250, 267, 272, 280. Mental, anguish in telegraph case, what is ' excessive verdict. 1913B-246; 1916C-524. Personal injuries not resulting in death, excessive verdict, what is. 16-8; 1913A-1361; 1915D-488; 1916C-916. inadequate verdict, what is. 1916B- 384, 450, 451, 454, 455, 457. setting aside verdict for inadequacy of damages. 8-903; 17-1073; 1914C- 849. Physicians and surgeons, excessiveness of verdict in action for malpractice. 1916C-1078, 1081; 1918A-389. Punitive damages, inadequacy of verdict as ground for setting aside verdict. 20-879. Eape, inadequacy or excessiveness of verdict in civil action. 1917E-135. Eemittitur, necessity of consent of losing party. 2-675. when excessive verdict is granted through passion or prejudice. 3-939; 1912C-509. Review on appeal, finding of judge as to amount, weight as compared with verdict. 1913C-178.. 11. Pleading. Ad damnum clause, amendment after ver- dict. 19I3B-709. DAMAGES Continued. Bill of particulars as to items in negli- gence actions, right to. 1916B-110. Charging two or more acts of negligence in one count in complaint or declara- tion, right of. 1913C-101. Future disability, right to recover dam- ages in absence of special allega- tion. 20-116. Impotency as element of damages, neces- sity of pleading specially in action for personal injuries. 1916C-383. Interest in excess of ad damnum clause, necessity of claiming in pleading. 1912A-1225. Joinder and splitting of claims for in- jury to person and property arising out of single tort. 3-464; 6-48; 1912D-256. Justification for assault and battery, necessity of pleading in civil action in mitigation of damages. 21-116. Mitigation, necessity of pleading spe- cially matters in mitigation. 10- 219; 1914D-897. 12. Evidence. Burden of proof in action against attor- ney for negligence or wilful viola- tion of duty. 2-603. Domestic relations of plaintiff as ad- missible in evidence in action for personal injuries not resulting in death. 10-288. Financial circumstances of defendant, alienation of affections, admissibility of evidence. 1914B-803. personal injury action, right to show. 1914B-964. Fitness or lack of education of person injured for other pursuits, admissi- bility of evidence. 14-856. Future consequences of injury, opinion evidence as admissible. 21-326. Health or physical condition of plain- tiff, as admissible in evidence in ac- tion for death by wrongful act. 1912C-266. Judicial notice of loss of earning ca- pacity through personal injury. 1916B-337. Matters occurring after commencement of action, admissibility ^n evidence DAMNUM ABSQUE INJTJRIA DAY AND NIGHT. 247 DAMAGES Continued. in reduction of damages. 1914A- 1037. Mental suffering, necessity and compe- tency of evidence. 2-55; 1912B-538. Opinion of witnesses as to amount of damages to realty, admissibility. 3-667; 1912A-191. Process, failure to execute, presumption as to damages recoverable from offi- cer. 2-11. 13. Instructions. Medical expenses, effect of instruction as to . allowance where there is no evidence as to such expenses. 1913D- 150. 14. Mode of Assessment. Physical injury and mental shock, right of defendant to have jury assess damages separately in personal in- jury case. 20-990. DAMNUM ABSQUE IN- JURIA. Exercise of right to institute or continue legal proceedings, liability for dam- age caused by. 21-873. DAMS. Breaking of dam across watercourse, lia- bility of one constructing for injuries caused. 1912A-110. Maintenance for flowing lands, measure of prescriptive fight. 18-217. Railroads, right to construct for storage of water. 1916E-1217. Water-power, construction of grant, with respect to dam. 1916D-1013, 1030. DANCING. Dance-halls, state or municipal regulation. 1915C-1110. Noise arising from dancing as nuisance. 1912B-428. Schools or academies, statutory regula- tion. 19-631. Sunday laws as applicable. 16-410. DANGER. Actuality of danger as affecting right of homicide in defense of habitation. 21-724. Forgetfulness of known danger as negli- gence of person other than servant. 1913D-36. Opportunity to avoid danger as affecting contributory negligence of injured track repairer. 8-333. DANGEROUS APPLI- ANCES. Accident arising out of and in course of employment from use within Work- men's Compensation Act. 1913C-20. Automobile as inherently dangerous ma- chine. 19-1229. DANGEROUS PREMISES. See Owners of Premises. Injury to person in search of employ- ment, liability of owner of premises. 1914C-280. DANGEROUS WORK. Assumption of risk by employee. See Master and. Servant. Opinion evidence as admissible for prov- ing nature. 7-463. DATE. Blank date in written instruments, im- plied authority to fill. 2-334. Indictment and information, blank date, sufficiency of charge of commission of crime on. 19-930. future or impossible date, validity of indictment alleging. 6-854; 1913B- 1043. * "on or about" certain date, sufficiency of indictment. 7-775. Negotiable instrument, alteration of date as material. 1913D-725. Parol evidence to vary day of execution of written instrument. 1913A-496. DAY AND NIGHT. Judicial notice. 21-352. 248 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DAY LABORER. English Compensation Act as covering in- jury to day laborer. 1913C-32. DAYS. Coincidence of monthly and weekly days, judicial notice. 21-351. Fractions of day in computation of time. 2-135; 1914C-95. Meaning of term "days" as used to specify time in which certificate of nomination shall be filed. 1914A 1135. DAY'S LABOR. See Labor Laws. DEAD ANIMALS. Removal, constitutionality of ordinances regulating. 2-496. DEAD BODIES. Autopsy or examination of body of in- sured, construction of provision in accident policy giving insurer right. 19I6A-156. Burial, state or municipal regulations or restrictions. 14-1085. Crematories, state or municipal regula- tion. 1915C-807. Dissection and mutilation, right of action for. 3-136. Exhumation, power of court to order for evidentiary purposes. 1916D-331. Finding dead body near railroad cross- ing as raising inference of negli- gence on part of company. 1912B- 718. Identity, evidence admissible to estab- lish. 1918C-697. Mutilation, mental anguish as element of 6-1008. Property right in dead bodies of human beings. 3-132; 14-470; 1912D-1240; 1917D-729; 1918D-733. for burial purposes. 1917C-509. DEADLOCK. Coiporate affairs, deadlock as ground for appointment of receiver. 191-1B-240. DEADLY WEAPONS. Defense of property as justification for use of deadly weapon. 1917D-296. Ejection of trespasser as justification for use of deadly weapon. 1917D--312. Presumption of intent to kill arising from use in manner not ordinarily employed. 1912A-107. What constitutes "deadly weapon." 1912A-1328; 1916E-308. DEAF AND DUMB PERSONS. Contractual capacity of deaf and dumb person. 14-53. Crime, responsibility for. 16-414; 1917B- 240. Marriage, capacity of deaf and dumb person to contract. 1913B-1240. Testimony of deaf mute, mode of taking. 0-88. DEAFNESS. Effect upon question of contributory negligence of injured person. 5-76; 1912C-1072. DEALERS. Distinction between manufacturer and dealer in goods. 21-78. Food, consequential damages recoverable from dealer by consumer on breach of implied warranty on sale. 16- 497; 1913B-1115; 1915C-143. Meaning of "deal" or "dealer." 191 7 A- 949, 965, 967. Social club distributing liquor as dealer within statute regulating liquor traffic. 1912A-1088. DEATH. See Death by Wrongful Act. Abatement of action for death as apply- ing to slander or libel action. 6- 514. Accelerating death of diseased or injured person, criminal responsibility. 4- 958. DEATH. 249 DEATH Continued. Accident insurance, total disability clause of accident policy as applicable in case of death. 1918C-114. Action for simultaneous injury to property and death of owner as surviving to personal representatives or heirs. 6- 3S8. Administration on estate of person pre- sumed to be dead, right to and effect. 3-1126; 14-148; 1913B-556. Admiralty jurisdiction -where death caused by negligence. 13-1219. Agency, revocation by death of principal. 1917E-380. Annuitant, death before purchase of annuity, effect. 10-487. Appeal and error, death of judgment plaintiff, effect on time to appeal. 7-393. Attachment as dissolved by death of de- fendant. 1917A-149. Attorney and client, death of attorney before completion of contract as affecting right to and amount of re- covery for services. 1914D-210. termination of relation by death of client. 1913A-712. Bail, death of principal in bail bond as exonerating sureties. 1915B-434. Bigamy, belief in death of spouse as de- fense to charge of bigamy. 8-1104. Checks, death of maker before presenta- tion of check for payment, effect on rights of parties. 1915A-443. Copyright in letters, right after writer's death. 3-1116. Crops, death of life tenant, right to grow- ing crops. 14-38. Deed effective upon death of grantor, construction. 1916D-996. Descent and distribution, death of legatee before taking effect of legacy given in payment of debt of testator, effect. 4-73. Divorce, death of party to action before final decree, effect on property or marital rights. 1914B-1094. pending action as abated by death of plaintiff. 17-876. vacation of decree after death of party in direct proceeding brought by sur- viving party. 1913B-369. DEATH Continued. Domicile of wife or child as affected by death of husband or parent. 1913E- 1196, 1200, 1206. Dower, death of widow before receipt of gross sum agreed to be accepted in settlement of dower right, effect. 1914D-554. election of dower as affected by death of widow within time for making election. 5-82. Dying declarations, expectation of "imme- diate" death as necessary to admis- sibility. 17-287. expression of desire for consolations of religion as proof that death is im- pending within rule for admissibility. 13-238. Elections, contestant's death before judg- ment in action contesting, effect, 1913D-1291. death of candidate receiving highest number of votes, right of minority candidate to office. 2-485; 11-118; 1915B-518. Evidence, grant of letters testamentary or of administration as constituting evidence of death. 1918A-1011. Executions, death of judgment debtor as affecting right to issue execution. 1912D-1047. Frauds, statute of, contract whose ter- mination or performance is contin- gent on death as within statute of frauds. 4-177; 1916E-1141. Guarantor, as affecting rights of parties to guaranty. 1914D-852. Hypothetical questions as to cause, neces- sity that they contain all evidence on point in issue. 18-648. Inheritance tax, transfer in contempla- tion or to take effect at death as liable to succession tax. 14-110. transfer prior to death as subject. 1915B-1089. Instant death, what constitutes. 1915C- 616. Joint adventure, death of party as af- fecting rights under agreement. 1912C-206; 1916A-1217. Licensee for sale of liquor, effect of death on rights under license. 1915B-524. Life insurance, death in violation of law exonerating life insurance company 250 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DEATH Continued. under policy, what constitutes. 3- 873; 12-310; 1917C-592. duel, excepting death resulting from, construction of policy. 1915B-549. legal execution of insured as bar to ac- tion on life insurance policy. 13- 133. proof of death, sufficiency as question of law or fact. 1913B-842. Mandamus, death of relator as abatement of action. 1915A-267. Marriage, presumption of death on issue of validity of subsequent marriage. 17-681; 1918E-1236. Master and servant, master's death dur- ing term of service, rights and lia- bilities of parties to contract of em- ployment. 1913E-902. servant's death during term of service, rights and liabilities of parties to contract of employment. 17-182. Partnership, contract with employee as terminated by death of partner. 1913E-904. judgment of partnership as affected by death of partner. 10-956. real property, disposition on death of partner. 1912D-1207. Party to instrument, death as affecting right of other party to deny execu- tion. 17-398. Presumption of death, absence for less than seven years, facto sufficient to raise. 1916B-67. facts which must be shown in connec- tion with absence to establish. 7 573; 14-242; 1918D-758. Public officers, death of officer-elect be- fore commencement of term as cre- ating vacancy in office. 17-86. Eegistration of deaths, validity and con- struction of statute requiring. 1912C- 686. Stock brokerage contract as affected by death of customer. 1915B-924. Survival of action for wrongful death after death of wrongdoer. 12-462; 1915C-1052. death of beneficiary as affecting sur- vival of action. 17-773; 1913E-995. Survivorship in common disaster, presump- tion of. 14-716; 1913A-871. DEATH Continued. Time of death within rule as to presump- tion thereof from absence. 1917A- 82. Trusts, death of beneficiary, right of suc- cession to fund remaining in hands of executor or trustee under will giv- ing latter discretion in paying fund to beneficiary. 1912D-1177. donor's death without exercising power of revocation, effect upon trust. 6-189. Wills, contestant's death as abating right of action to contest. 1913E-128. death of witness, mode of probate of will. 1914C-904. legatee's or devisee's death before leg- acy or devise becomes payable as causing lapse thereof. 1913B-81. provision relating to survivorship in common disaster, validity. 1918D- 482. Witness, death as affecting competency of former testimony in criminal case. 1913C-464. proof of death sufficient to render former testimony admissible. 17- 76. Workmen's compensation, unexplained death as accident arising out of and in course of employment. 1914B- 499, 500. DEATH BY WRONGFUL ACT. 1. Eight of Action. 2. Persons Entitled to Sue. 3. Persons Liable. 4. Jurisdiction. 5. Defenses. 6. Limitations. 7. Actions. 8. Damages. 1. Eight of Action. Accelerating death of diseased or injured person, civil responsibility. 1912A- 965. Administration of estate, right of action as sufficient property right within ju- DEATH BY WRONGFUL ACT. 251 DEATH BY WRONGFUL ACT Con- tinued. risdiction to warrant grant of ad- ministration. 1917C-1217. Age of child, as affecting incapacity to perform valuable services so that no liability to parent attaches for negli- gent killing. 1913D-470; 1918D-1184. Assignability of widow's right of action. 6-445. Burglar, civil liability for killing burglar or supposed burglar. 1914B-581. Child injured before birth, right to re- cover for death. 1914C-615. Civil action between third persons, death of human being as element of recov- ery. 1917B-886. Simultaneousness of injury and death as affecting action for damages by sur- vivors of injured person. 3-54; 6- 388; 1915C-613. Survival of action, beneficiary's death as effecting right. 17-773; 1913E-995. death of injured person, validity of statute providing for survival of ac- tion for personal injuries. 1917E- 1171. wrongdoer's death as affecting survival of action. 12-462; 1915C-1052. 2. Persons Entitled to Sue. Adopted child, right of parent to recover for death. 15-148. Alien, administrator's right to sue for death of alien by wrongful act. 12- 223. nonresident alien, right to maintain action for death by wrongful act. 2-682; 9-1180. "Child" 'in statute relating to death by wrongful act as including illegitimate child. 1918B-255. "Dependent" within statute giving right of action to persons dependent on deceased, who is. 1912B-733. Divorce as affecting right of child to re- cover for death of parent. 1918E- 419. Illegitimate child, damages as recoverable for benefit of. 21-929. parent's right to recover for death of child. 10-810; 1916C-720. person other than parents, right to re- cover for death. 1916E-454. DEATH BY WRONGFUL ACT Con- tinued. Posthumous child of deceased, effect of recovery for wrongful death on rights of chid. 1918D-556. Putative wife, right to damages, 1913A- 240. 3. Persons Liable. Intoxication as cause of death, liability of liquor seller. 1-134; 1917B-530. Lynching of prisoner, liability of sheriff. 19-889. Municipal corporation as included under term "corporation" in statute. 1913B- 747. Parties liable under statutes giving cause of action. 1-490. Trespassing child, death as result of un- guarded pond, pool or well, liability of land owner. 1916C-1085. 4. Jurisdiction. Admiralty jurisdiction of action. 13-1219. Federal courts, jurisdiction of actions. 2-806. Foreign jurisdiction, suit therein under statute permitting recovery. 2-805; 13-1036; 1913D-570; 1914C-719; 1917A-848. 5. Defenses. Justifiable homicide as defense to action. 18-641. Negligence of one parent as imputable to other in action to recover for death of child. 1914B-35. Release by deceased as affecting right to recover for wrongful death. 1-232; 7-1090; 1914D-499; 1918A-312. foreign consul, pcwer to release claim of alien beneficiary. 1918A-933. settlement between administrator and defendant as bar to recovery for wrongful death. 1916D-351. Res judicata, recovery by administrator for death of wife by wrongful act as bar to recovery by husband for tort. 14-554. 6. Limitations. Amendment of complaint substituting personal representative for widow 252 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DEATH BY WRONGFUL ACT Con- tinued. as commencement of new action within limitation statute. 1917D- 908. Commencement of running of statute of limitations against action for wrong- ful death. 17-519; 1916C-713. Foreign jurisdiction, limitation against ection as governed by law of state where right of action arose. 2-151. Pleading statute of limitations in action for death by wrongful act. 19-819; 1916D-1241. 7. Actions. Evidence, coroner's verdict, admissibility as evidence. 1917B-897. deposition taken on behalf of decedent in prior action for personal injuries as admissible in action for his wrong- ful death. 1915A-815. ^domestic relations of deceased as ad- missible. 1916C-671. habits or physical condition of de- ceased, admissibility. 1916E-652. health or physical condition of person for whose benefit action is brought, admissibility of evidence. 1912C-266. inheritance of property by plaintiff from deceased, admissibility of evi- dence in action. 1916D-340. mortality tables, admissibility to show probable duration of life. 12-425; 1918A-1021. mortality tables, introduction in evi- rence as prerequisite to recovery of damages. 1914C-685. presumption arising from instinct of self-preservation as overcome by pre- sumption that deceased saw and heard approaching train. 15-1193. quantum of proof required of plaintiff in action for. 1913A-1138. .Parties, amendment of action by adding other beneficiaries as parties plain- tiff. 1916C-596. personal representative, action in. forma pauperis. 1-805. Pleading, bills of particulars demnndable in certain jurisdictions. 3-161. 8. Damages. Distribution of damages recovered, law governing. 8-149; 1913D-282. DEATH BY WRONGFUL ACT Con- tinued. Excessive verdict in action, what is. 18- 1209; 1915C-449. Exemplary damages, right to recover. 6- 194; 8-749. Federal Employers' Liability Act, dam- ages recoverable in action brought under. 1914C-181; 1916B-484; 1916D- 232. Funeral expenses as element of damages. 6-201; 13-744. Inadequate verdict in action for wrongful death, what is. 1916B-460, 474. Measure of damages, collateral next of kin, recovery in action by. 10-113. husband for death of wife. 1915A- 700. parent for death of minor child. 1912C-58; 1916B-532. wife or child for death of husband or father. 3-103; 16-931. DEATH CERTIFICATE. Physician's certificate as evidence. 1918C- 761. DEATH PENALTY. Cruel and unusual punishment. 1918B- 398. DEBT DUE. Legal meaning of term. 1918E-7SS. DEBT DUE IN SAME RIGHT. Legal meaning of phrase. 191SE-789. DEBT LIMIT. See Municipal Corporations. Corporations, construction of debt limit provision in charter of private cor- poration. 1918B-966. DEBTOR AND CREDITOR. See Assignments for Benefit of Creditors; Bankruptcy; Debts; Insolvency. Alien enemy, rights and liabilities with respect to pre-existing debt. 1918C- 713. DEBTS. 253 DEBTOR AND CREDITOR Continued. payment of debt to alien enemy. 1917C-199. Antenuptial debt between spouses as ex- tinguished by marriage. 16-221. Bankrupt creditor, validity of payment by debtor after institution of bank- ruptcy proceedings. 1914A-242. Chattel mortgages, who is creditor en- titled to attack chattel mortgage on ground of failure to file or renew. 1912B-1106. Composition agreement, construction, and effect of fraud thereon. 1914A-836. Credit insurance. 1915A-654. Creditor's bill, property of debtor reach- able by. 1914B-945. Execution, rights and remedies of debtor against creditor who issues execution, after debt has been paid. 19-368. sale, right of creditor to enjoin. 191SC-262. Executors and administrators, who is creditor so as to be entitled to let- ters of administration. 1915A-55. Insolvent corporation, who is creditor en- titled to apply for appointment of receiver. 1912A-901. Limitation of actions, right of creditor to apply on debt his own debt to debtor so as to suspend statute. 1915A-281. Marshaling assets with respect to home- stead lands. 17-1064. Nonexistence of debt claimed as evi- denced by notes of assumed creditor given to one alleged to be debtor. 1914C-879. Novation, assent of creditor as essential to substitution of debtor. 1914A- 339. Payment, application of payment by creditor to illegal or unenforceable demand. 13-953. right of debtor to pay debt before maturity. 17-151. Presumption of payment of debt from possession of written evidences of indebtedness by debtor who 'had ac- cess to papers of creditor. 14-257. Kelation as established by forwarding checks for collection. 2-118. principal and surety, relation of debtor and creditor as existing before pay- ment of debt. 1912B-624. DEBTOR AND CREDITOR Continued. Robbery, taking by creditor of property of debtor to enforce payment of debt as constituting. 21-1139. Satisfaction of debt by legacy to cred- itor not payable at same time as debt. 4-458. mortgage or deed of trust, right of creditor to require debtor to satisfy out of nonexempt property. 1913B- 394. Ultra vires sale of corporate property, right of creditor to object. 1916A- 842. Voluntary conveyances, validity as against subsequent creditors. 1914A- 01. Waste by owner of realty, right of cred- itor to restrain. 13-89. DEBTS. See Debtor and Creditor. Alien enemy, confiscation or payment as affected by state of war. 1917C-199. pre-existing debt, rights and liabilities with respect to. 1918C-713. Assignment of claims founded on con- tract. 1912A-673. Assumption by agreement between two parties as within statute of frauds. 18-391. vendee's assumption of vendor's debt, enforceability as implied vendor's lien. 1914C-500. Community property, debts or claims for which liable. 1913A-319. Corporations, character for Which direc- tors are liable. 12-807; 1914B-152. < purchase of property of another corpo- ration, liability for its corporate debts. 1913E-1044. reorganization of or succession to an- other corporation, liability for its debts. 4-260; 1912D-1277. stockholder's transfer of stock to es- cape liability for corporate debts, effect. 6-428; 18-341. transferee of stock, liability for cor- porate debts whether stock fully paid or not. 3-1120; 1914B-754. Credit insurance contract, what debts covered. 1915A 660. Executor's debt to testator as released by his appointment. 1913E-1278. 254 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DEBTS Continued. Garnishment, situs of debt for purpose. 1913D-803. Gift of debt to donee, what constitutes good gift. 1915A-18. Husband's debt as enforceable against estate by curtesy initiate. 1914C 1187. Imprisonment for debt for breach of con- tract by employee, constitutionality of statute providing. 14-1060. civil liability for tort as within con- stitutional provision against im- prisonment. 20-1344; 1917D-841. Payment before maturity, right of debtor. 17-151. Revival after discharge in bankruptcy, unconditional promise sufficient to accomplish. 9-646; 1913C-742. when promise to pay must be made in order to revive debt. 7-972; 1914D- 667. Taxation, debts owing by solvent debtors as taxable personalty. 2-754. evidences of debt belonging to non- residents, right of state to tax. 11- 739. situs of debt for purpose of succession tax. 11-119; 1912A-903; 1915B-864. DECEPTION. Contempt in attempting to deceive court. 1912B-1310. DECISIONS. See Courts; Stare Decisls. DECLARATIONS. See Admissions and Declarations; Dying Declarations; Evidence; Pleading. DECORATING. Workmen's compensation, decorating as employment within purview of act. 1917D-16. DECOY LETTERS. Embezzlement or larceny, decoy letter as subject under postal laws. 4-878. DECREASE OF ALLOW- ANCE. Workmen's compensation, provision for under act. 1916E-891; 1918B-733. DECAY. Damage by decay as included in phrase "damage by elements." 1917B-298. DECEASED PERSONS. Correspondence with, competency of in- terested witness to testify to. 21- 1216. Defamation of deceased person as libel or slander.' 1917E-234. Oral statements by, testimony based on memory of what dead persons said, weight. 18-1196. DECEDENT'S ESTATES. See Advancements; Descent and Distribu- tion; Executors and Administrators; Partnership; Wills. DECEIT. See False Pretenses; Fraud. DECREES. See Judgments and Decrees. DEDICATION. Acceptance, necessity where land is dedi- cated to public use by municipality. 1917D-452. implied acceptance by public user of land dedicated to public use. 3-792. Cemetery purposes, dedication and aban- donment of land. 15-172. Covenant of warranty as breached by prior grant of dedication. 1917C-149. Park or square dedication by selling lots according to map or plat. 17-312; 1917B-197. municipal erection of buildings in dedi- cated park or square, right of. 11- 468; 21-141. railroad purposes, right to use dedi- cated premises for. 21-689. Presumption of dedication from user of 'highway. 1914D-335. DEDUCTION OF BENEFITS DEEDS. 255 DEDICATION Continued. Reservation of land on map or plat for specified purpose as dedication to public. 1916D-1079. Reverter, what causes after dedication. 1-455. Revocability of dedication. 1917A-1109, 1146, 1149, 1156. Sale of property dedicated to public use, power of .county. 1913E-530. Street improvement made by city before dedication or condemnation, validity. 1914B-208. DEDUCTION OF BENE- FITS. Damages assessed for land taken by emi- nent domain proceedings, deduction of benefits. 13-603; 19-859 j 1914B- 478. DEED OF TRUST. See Mortgages; Trusts. DEEDS. 1. In General. 2. Form. A. EXECUTION. B. DELIVERY AND ACCEPTANCE. 3. Construction and Validity. A. GENERALLY. B. PARTIES. C. CONSIDERATION. D. DESCRIPTION. E. ESTATES AND INTERESTS. 4. Covenants and Conditions. A. GENERALLY. B. WARRANTY. C. AGAINST INCUMBRANCES. D. RUNNING WITH LAND. E. CONDITIONS. 5. Relief and Remedies. 1. In General. Assignability of deed when conditioned for support. 1-855. Deed as mortgage, instrument of de- feasance accompanying conveyance, effect. 1914C-1079. DEEDS Continued. lapse of time as affecting right to have deed declared mortgage. 1914B-354; 1918C-755. parol agreement as to deed intended as mortgage, effect of statute of frauds. 11-313. price as consideration in determining whether deed was intended as mort- gage. 20-1199. recordation as deed of instrument in- tended as mortgage, effect. 8-104. third person, absolute deed construed as equitable mortgage in favor of. 1917C-970. Fraudulent deed as color of title. 1915D-137. Lien of attorney on deed in his possession connected with litigation. 1917D- 149. Married woman joining with husband as estoppel to set up after-acquired title. 1916A-797, 806. Priority between conveyance of property and mechanic's lien thereon. 1916B- 616. * deed and purchase-money mortgage. 1910C-946, 958. ue process of law, exercise of discre- tionary power conferred by statute as constituting. 2-317. Experiments in presence of jury, as within discretion of court. 7-216. Guardian, removal as resting in discre- tion of court. 1912B-977. Judicial sales, ordering sale of realty in parcels or en masse as discre- tionary with court. 8-743. Jurisdiction of cause also triable in an- other jurisdiction, discretion of court as to taking. 3-1153. Jury, permitting evidence to be read to jury after retirement as within dis- cretion of court. 20-1222. Mandamus as remedy on refusal of court to entertain jurisdiction on ground of discretion where it has no dis- cretion. 1915D-199. DISCRETION OF COURT Continued. New trial grantable for misconduct of jury as within court's discretion. 1912D-1018. Next friend not proper person to act, power of court in premises to allow amendment of pleading. 1914A-947. Order of trial after severance obtained for persons jointly indicted as within, discretion of court. 1914C-326. Physical examination of plaintiff as with- in discretion of court. 1-266. Probate court, discretion in matters relat- ing to decedents' estates. 1913C-857. Setoff of judgments as resting in discretion. of court. 17-967. Yenue, county chosen for change of venue as within discretion of court. 9-177. View by jury as resting in discretion of court. 18-730. Witness, disobedience of rule excluding from courtroom, reception of testi- mony of witness as within discretion of court. 9-368. qualification of witness to testify as expert as matter within discretion of court. 1912D-817. DISCRIMINATION. Aliens, discrimination against in regula- tion of laundries. 21-981. Carrier of goods, car supply, unlawful discrimination with respect to, effect of interstate commerce act on ship- per's right to damages. 1914B-52. discrimination between shippers by car- riers. 1-55. expediting shipment of goods, agree- ment therefor as discrimination under Interstate Commerce Act. 1914A- 504. measure of damages recoverable by shipper for discrimination in favor of other shipper. 1915A-337. mistake in fixing discriminating rate, validity and enforceability of con- tract. 16-455; 1913C-1386; 1918E- 458. prepayment of freight charges, require- ment by carrier as unlawful discrim- ination. 16-621. reduced rate for transporting property for railroad, agreement by carrier DISE'ASE. 273 DISCRIMINATION Continued. as discrimination under Interstate Commerce Act. 1914A-510. Carrier of passengers, discrimination be- tween localities as to rates of fare. 18-149. Civil service statutes, discrimination be- tween eligible candidates and be- tween localities as affecting con- stitutionality. 1913B-1011. Corporation, criminal liability for unjust discrimination. 1916C-464. Electric light company, duty to furnish service without discrimination. 1914B 26. Fish and game, discrimination between persons or classes as to right to hunt game, validity of game law. 19-239. Food, validity of statute prohibiting dis- crimination in sale. 1913D-44. Hawkers and peddlers, discrimination against nonresidents with respect to uniformity of license tax. 1918E- 114. Insurance, agreement between insured and insurer discriminating in favor of former as against other policy-holders. 18-759; 1918D-504. Nonresidents, discrimination against cit- izens of other states as to actions and proceedings. 1-832. Street railways, requirement as to water- ing tracks as discriminatory. 1912B- 1140. Taxation, valuation of property in dif- ferent proportions as affecting validity of tax. 1912B-872. Telephone company, duty to supply con- nection and facilities without dis- crimination. 11-138; 15-1215; 1912C- 135; 1916C-779. Water rates, right of company to dis- criminate between consumers. 20- 952. DISEASE. Accident insurance, construction of ac- cident insurance policy excepting death caused by disease. 5-86; 1917C 463. Advertising treatment of venereal or private diseases, prohibitory statutes. 1916A-910. Index to Notes 18 DISEASE Continued. Aggravation of latent or dormant, by negligent act as bearing on question of proximate cause. 1915B-201. Attendance and supplies for sick person, implied authority of officers, agents or servants to contract for. 3-570. Bail, sickness of principal as exonerating sureties on criminal bail bond. 1915B-434. Blindness or defective vision as sickness, disease or bodily infirmity. 1913A- 766. Breach of promise of marriage, disease as defense to action. 12-197; 1913E- 916; 1915A-298; 1917D-1084. Carrier of passengers, contagious disease, duty of carrier to carry passenger suffering from, where it has ex- pressly contracted to carry him. 11- 970. duty to carry person afflicted with con- tagious disease. 8-221. feeble or infirm persons, duty of car- rier to receive for carriage. 11- 973; 17-1056. sick passenger, right to eject for non- payment of fare. 1915D-145. sickness during transit, duty and liabil- ity of carrier to passenger. 21-108] . Contagious or infectious, liability of per- son exposing another. 1912B-64. Disease as an accident. 2-140; 15-886; 1913A-1121; 1918B-297, 345, 354. Divorce, antenuptial venereal disease as ground for divorce. 1913A-134. condonation as defense to action on ground of loathsome disease. 13-216. Evidence, competency of expert testimony as to development of other disorders from personal injuries. 21-330. Homicide accelerating death of diseased or injured person, criminal respon- sibility. 4-958. death resulting from disease eaused by wound as affecting liability for hom- icide. 1916C-693. Hospital or sanatorium for contagious or infectious diseases, injunction against. 15-719; 1912B-1131. Libel and slander, imputation of dis- ease as actionable. 1914A-1255; 1914D-151. 274 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. DISEASE Continued. Marriage, venereal disease as ground for annulment. 12-2S; 1913A-134. Master and servant, right of servant to recover wages for time lost on ac- count of illness. 1912A-1181. Negligence, illness of person injured as proximate cause of injury. 2-734. Quarantine, breaking or permitting an- other to break, liability. 1914B-413. enforcement of regulations, liability of municipality, board of health, or health officer. 9-814; 16-737. expenses of quarantined person, liabil- ity of municipality. 5-233. Ships and shipping, sick or disabled sea- man, duty of ship owner or master. 7-203. Trial, absence of counsel on account of sickness as ground for continuance. 1913C-432. Workmen's compensation, aggravation or death arising out of and in course of employment. 1913C-9. contraction as accident arising out of and in course of employment. 1914B- 499, 501. nonoccupational disease as "injury" within meaning of Workmen's Com- pensation Act. 1918B-366. occupational disease as accident within Workmen's Compensation Act. 1916D- 694. Animals and Agriculture. Agriculture, destruction of diseased fruit trees, fruit or vegetables, validity of statute. 1917E-220. Animals communicating disease to other animals, liability of owner. 15-1002. infected premises, liability of owner for communication of disease to animals of another. 15-1009. Destruction of diseased animals with compensation to owner, validity of statute providing for. 1917D-89. without compensation, validity of stat- ute or ordinance. 1548. Horse, express warranty of soundness of horse as affected by its disease. 21- 1005. Insurance, disease as cause of loss under animal insurance policy. 1915A-616. Livestock, contracted in transport, lia- bility of carrier to shipper. 21-176. DISFIGUREMENT. Damages, adequacy of verdict for in- jury resulting in disfigurement. 1916B-405. humiliation or mortification on account of disfigurement as element of dam- ages for personal injuries. 1918D- 65. DISHONESTY. Fidelity insurance, what constitutes dis- honesty by employee. 1917C-42o, 429. Libelous or slanderous imputation, exces- siveness of verdict. 1913B-704, 708. DISHONOR. See Bills and Notes. DISINHERITANCE. Intent to exclude after-born children as affecting revocation of will under statute. 1913D-1330. DISINTERMENT. Property right in dead body as conferring right to disinter. 1918D-735. DISMISSAL AND NON- SUIT. 1. In General. 2. Voluntary. 3. Involuntary. 1. In General. Appeal, dismissal of action as frivolous and vexatious as final or interloc- utory order for purposes of appeal. 18-394. effect of dismissal on liability of sure- ties on appeal bond. 1916C-1226. mandamus proceeding, dismissal of ap- , peal where question involved has 5 become immaterial. 5-626; 1912C-| 247. right of appellant to dismiss appeal. 2-794; 11-966. Arbitration, submission to as discontin- uance of pending case. 1912A-1263. DISOBEDIENCE. 275 DISMISSAL AND NONSUIT Continued. DISMISSAL AND NONSUIT Continued. Eminent domain proceedings, at what stage may be discontinued. 1913E- 1062. voluntary dismissal as entitling land owner to damages. 8-734; 1912B- 944; 1916D-723; 1916E-991. "Escrow," term as applicable to discon- tinuance and release of cause of ac- tion. 1916B-1032. Injunction suit, effect of dismissal as breach, of injunction bond. 6-401. execution sale, right of defendant to dismissal of action to enjoin. 1918C 310. Intervention, dismissal of principal ac- tion as working dismissal of ancil- lary suit in intervention. 1913D- 1034. Malicious prosecution, discharge by com- mitting magistrate after tearing on merits, or dismissal by magistrate without trial on merits as sufficient termination to sustain action. 7 482; 16-1107; 1913A-926. Mere scintilla of evidence as sufficient to justify submission of cause to jury. 1914B-472. New action, on demand barred by limita- tion, after dismissal of action for failure to give security for costs. 3 97. Eesidence as synonymous with domicile in statute relating to dismissal of suits. 1915C-788. Ees judicata, conflict of laws, judgment of nonsuit or dismissal in one juris- diction as bar to action in another. 19-1016. dismissal of action by agreement as res judicata. 13-655. failure of plaintiff's proof, judgment based on as bar to subsequent suit on same cause of action. 9-187. judgment or decree "without preju- dice," effect as res judicata. 1914A- 1106. 2. Voluntary. Bill in equity, right to voluntary dis- missal. 5-850; 1917A-1185, 1195, 1196; 1918E-1186. Client's right to dismiss without attorney's consent. 1-247; 1917A-570. Coplaintiff, dismissal of action by. 20- 1005. Corporation, rights of stockholders where board of directors dismisses action by corporation. 1914D-834. Divorce, voluntary dismissal of bill for divorce. 1917A-1197. Election contest, right of plaintiff or one or more of several plaintiffs to dis- continue or withdraw. 1913B-215. Final submission of cause so as to preclude voluntary dismissal, what constitutes. 4-510. Lunacy inquiry, right of voluntary dismis- sal. 1915D-663. Nonsuit, right of plaintiff to appeal from voluntary judgment. 9-631. Eight of plaintiff to take voluntary dis- missal or nonsuit after verdict or find- ing but before judgment. 1913D-525. Taxpayers' action on behalf of county, right of county to dismiss. 1917A- 855. Verdict against all joint tort-feasors, right to dismiss as to same after verdict and take judgment against residue. 19- 798. Will contest, right of plaintiff to dismiss voluntarily. 1914B-532. 3. Involuntary. Court sitting at chambers or in vacation, power to dismiss bill in equity. 1916A-1230. Illegal contract, right or duty of court on own motion to dismiss action based on. 1912A-1033; 1915B-230. Libel or slander, power of court to order nonsuit where jury empowered to pass on law and facts. 1915D-1269. Next friend not proper party to act, power of court to dismiss suit. 1914A-946. Nonsuit, appropriateness in equity cause. 5-211. Eemoval of cause to federal court, subse- quent jurisdiction of state court to dismiss action, 4-891; 9-942; 1913A- 332. DISOBEDIENCE. Master and servant, disobedience of order or rule as ground for discharge of servant. 1916A-1027. 276 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. -CAS. 1918E. DISOBEDIENCE Continued. fellow-servant's disobedience of rules, liability of master for injuries to ser- vant caused by. 21-941. right of servant to recover for personal injuries as affected by disobedience of rules or regulations of master. 8-3; 10-152; 1912 A-84. Stock broker's failure to follow orders of customer as affecting dealings between them. 1915B-913. "Workman's disobedience as precluding re- covery under Workmen's Compensa- tion Act. 1913C-17; 1914B-502; 1916B-1310; 1916D-5S4; 1918B-809. DISORDERLY CONDUCT. Assault upon disorderly person in removing him from premises, liability of owner or occupant. 1914A-1039. Disorderly conduct as "crime" for con- viction of which witness may be im- peached. 1916A-276. Language constituting. 1917C-889. DISORDERLY HOUSES. Bawdy-houses confined within designated limits, validity of statute or ordinance. 1914B-506. Cruel and unusual punishment for keeping. 1918B-399. Evidence of character, general reputation as sufficient. 12-273. Forfeiture of property on abatement of bawdy-house as nuisance. 1915D-552. Imputation of disorderly character to house as actionable slander or libel. 1916B-755. Insurance policy upon house or furniture, validity. 15-541. Keeping as "crime" for conviction of which witness may be impeached. 1916A-276. Lease of property to innocent party, duty of landlord to disclose former use as bawdy-house. 1-679. Owner of premises, validity and construc- tion of statute making him liable for use for purpose of prostitution. 1917A-459. Tenant's rights under lease as forfeited by use of premises for prostitution. 1913C-1356. Usury, place where law against usury is violated as disorderly house. 18-988. DISPARAGEMENT. Property or manufactured articles, dis- paragement as libel or slander. 8- 810; 1914B-841; 1914D-1151. Real property, defamation as actionable wrong. 9-818. DISPLACEMENT WAVES. Injury to other vessels by causing, duty of vessel to avoid. 12-613. DISPLAYING LIGHTS. Automobiles, failure to comply with statu- tory regulation, effect on rights and liabilities of owner or driver. 1918D- 852. DISPLAYING NUMBER. Automobiles, effect on rights and liabilities of owner or driver of failure to comply with statutory regulation. 1914A- 128; 1918D-847. DISPUTED CLAIM. Part payment as satisfaction. 1915A-951. DISPUTED WRITING. Testing handwriting witness by use of other writing. 1917B-1060. DISQUALIFICATION. See Judges; Jury; Witnesses. Corporate officer or stockholder to take ac- knowledgment of instrument in which he is interested. 16-140; 1913D-373. Deposition, interest as affecting qualifica- tion of person to take. 6-610. Grand juror, bias as ground for challenge in absence of statutory provision. 4- 873. Notary public, disqualification to take affidavit where he is attorney for party taking oath. 6-37. Public office, disbarment of attorney as dis- qualification. 20-422. DISRESPECT. Servant's disrespect charge by master, as ground for 1916A-1016. dis- DISSOLUTION DISTINCTIONS. 277 DISSOLUTION. See Corporations. Attachment, death of defendant as work- ing dissolution. 1917A-149. Building and loan associations, mode of settlement with borrowing members upon premature dissolution. 4-1080; 10-391; 1914B-1269. Drainage districts. 1915C-30. Fire insurance company, dissolution as can- celing policies. 1915A-1236. Mutual insurance company, distribution of assets and surplus. 7-412. Partnership, running of statute of limita- tions against action for accounting and settlement. 1918D-1107. Eeligious societies, dissolution or termina- tion of existence. 1918D-1056. DISTANCE. Determination in given case, whether by straight line or otherwise. 1913E-452. Fire set by railroad, proximate cause of damage as affected by considerations of time and distance traveled by fire. 3-386. Judicial notice by courts. 12-930. DISTINCTIONS. Absolute guaranty and offer to guarantee. 15-1164. Assumption of risk and contributory de- fenses. 18-960. Boarder and guest at hotel or inn. 14- 326; 1914B-729. Boarding-house keeper and lodging-houso keeper. 1914D-839. Bribery and attempt to bribe. 1916A-816. Burden of proof and burden of proving. 1912C-48. Carrier of goods and warehouseman or forwarder. 1914B-778. Conditional sale and bailment or lease. 12-879. Condonation and forgiveness. 1912C-4. Contempts, civil and criminal. 21-907. Contract of sale and consignment of goods to factor. 1915A-603. De facto officers and usurpers. 1913C- 1046. DISTINCTIONS Continued. Deputy and assistant. 1912A-1271. Direct and collateral attack on judgment. 1914B-82. Election contest and quo warranto. 1913C- 161. Epilepsy and emotional insanity. 18-430. Erections as distinguished from repairs, additions or alterations under me- chanics' lien laws. 1912B-13. Exception and reservation in deed. 18- 799; 1918A-877. Factors and brokers. 1913C-1018. False imprisonment and malicious prosecu- tion. 21-457. Fine, penalty, and forfeiture. 18-883. Franchise and license granted corporation. 1916B-210. Guaranty, continuing and limited. 4-822; 1918E-609. Guest and boarder at hotel or inn. 14- 326;1914B-729. Indemnity contract against loss and one against liability. 1913D-1152. Lapsed legacy and lapsed devise with, re* spect to devolution. 1914D-719. Larceny and embezzlement. 13-882. Licensee and invitee. 1913C-570. Lodger and tenant. 1914D-840. Malicious abuse of process and malicious prosecution. 3-722; 1915A-831. Manufacturer and dealer in goods. 21-78. Marriage capacity and contract or testa- mentary capacity. 1913B-1238. Martial law and military law. 1914C-23. Minerals in solids and petroleum or nat- ural gas. 2Q-937. Mining and ordinary partnership. 1914D- 1191. Ministerial and judicial acts under Sunday laws. 1-278; 18-1040. Mislaid property and lost property. 1917D-803. Office and employment. 17-451; 1917D- 319. Perjury and false swearing. 8-S81. Pledge and chattel mortgage. 1912B-962. Pledge and sales. 1915A-1082. Presumptions of law and of fact. 1913B- 897. 278 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DISTINCTIONS Continued. Privileged communication and privileged occasion within law of libel and slander. 1913C-1074. Property tax and excise tax. 1914B-643. Public and private corporations. 1-368. "Purport" and "tenor." 1914B-661. Rent and royalty. 1916E-1225. Reservations and exceptions in deeds. 18- 799. Restraining order and temporary injunc- tion. 1917B-123. Salary and wages. 1917B-321. Setoff, recoupment and counterclaim. 1914B-119. Special and general deposits in bank. Specific and general legacies of stocks, bonds or securities. 10-490; 19-1187. Stock and cash dividends. 9-290. Street railways and commercial railroads. 4-449; 1913C-579. Surety company and individual surety as to liability. 1912B-1087. Tenant and lodger. 1914A-200. Testamentary capacity and contractual ca- pacity. 1915A-362. Trading and nontrading partnerships. 1916A-206. Transient merchants and hawkers and peddlers. 1917E-505. Trust deed and power of sale mortgage of realty. 1913A-1045. Undue influence and fraud. 18412. Unlawful assembly end riot. 17-1149. Valuable and good consideration. 1912C 80. Voluntary and negligent escape. 1913C 697. Wholesale and retail sales of liquor. 18- 187. DISTRAINT. Animals, forfeiture and sale of distrained and impounded animals. 1-993. Bar, when one distress bars second. 3- 821. Breach of agreement to lease, liability of proposed lessee to distraint. 1912C- 1054. DISTRAINT Continued. Property of stranger on tenant's premises distrained for rent, remedy. 16-1160. Right to distrain for rent as depending on relationship of landlord and tenant. 19-268. [Vessels, distraint for wharfage dues. 13- 392. DISTRIBUTEES. Execution sale, right of distributee to en- join. 1918C-260. DISTRIBUTION OF ESTATES. See Descent and Distribution; Executors and Administrators. DISTRICT ATTORNEYS. See Prosecuting Attorneys. DISTRICT MESSENGER. See Messengers. DISTRICT OF COLUMBIA. Condemnation of land within district, power of United States. 1918E-43. DISTURBING MEETING. Intent as element of offense. 1914B-741. "Place of worship," or "meeting for divine worship," within statute against dis- turbance. 19-448. DITCHES. See Drainage; Irrigation. Irrigation, liability of owner for damages arising from construction and main- tenance. 13-267; 1916D-981. Land acquired for purpose by condemna- tion as giving easement or fee. 20- 571; 1918A-809. Natural watercourse, acquisition of char- acter of by artificial stream. 14-909. Public nuisance, prescriptive right to main- tain ditch. 17-792. DIVERSE CITIZENSHIP. See Citizenship. DIVERSION OF WATERS DIVORCE. 279 DIVERSION OF WATERS. See Waters and Watercourses. DIVIDED COURT. Binding effect on federal courts of deci- sion of state court, not concurred in by majority of judges, as to con- struction of state statute. 13-573. DIVIDENDS. See Corporations, Assignment for benefit of creditors, right of secured creditors as to dividends on assignment. 2-274; 13-1089. Profits and dividends, distinction between. 0-691. DIVISIBLE CONTRACTS. Frauds, statute of, validity and enforce- ability of parol contract partly within statute. 1918E-500. Insurance contracts, divisibility. 2-22; 11-805; 1912C-989. DIVISION FENCES. See Fences. DIVORCE. 1. In General. 2. Jurisdiction. 3. Causes for Divorce. 4. Pleading. 5. Defenses. 6. Trial. 7. Evidence. 8. Counsel Fees and Costs. 9. Decree. 10. Foreign Decree. 11. Violation of Decree. 12. Effect of Divorce. 13. Custody and Support of Children. 14. Alimony. See Annulment of Marriage; Matrimonial Actions. DIVORCE Continued. 1. In General. Advertising procurement of divorce, pro- hibitory statutes. 1916A-904. Appeal from final decree, right to. 13-837. Contract intended to facilitate procuring of divorce, validity. 11-377; 1915A- 811; 1918E-902. Death of party, abatement of pending ac- tion by death of plaintiff. 17-876. effect on property or marital rights of death of party before final decree. 1914B-1094. Legacy or devise conditioned on recipient obtaining divorce, validity. 1917B-167. Lis pendens, action for divorce as within law of lis pendens. 1913D-950. Ne exeat in suits by wife for support or for divorce and alimony. 3-295. Presumption of divorce to support subse- quent marriage. 17-683; 1918E-1237. Process, service of notice on public offi- cial, validity and construction of stat- ute requiring. 1918D-1098. "Residence" as synonymous with "domicile" in divorce statute. 1915C-788. period of residence within state, as pre- requisite to action, validity of statute prescribing. 1916E-1110. Bestoration of property, independent ac- tion against former spouse for restora- tion of property, right of divorced per- son to bring. 1917A-1243. * life insurance policy naming wife as beneficiary as subject to restoration. 1915C-321. i right of wife to restoration of property in action for divorce. 21-1103. 2. Jurisdiction. [Nonresident defendant, jurisdiction of court to grant divorce upon cross-peti- tion. 9-1200. Title to land situated in another jurisdic- tion, validity of decree in divorce pro- ceeding passing title. 17-859. 3. Causes for Divorce. Concealment of prior marriage or un- chastity as ground. 1914C-1291. 280 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DIVORCE Con tinu ed. Cruelty, habits or course of conduct of spouse as cruelty warranting divorce. 1918B-480, 500. necessity of personal violence to consti- tute. 9-1090. Desertion, driving innocent spouse from home as constituting. 21-280. leaving marital home because of conduct of husband's relatives, right of wife. 1914B-633; 1916E-209. refusal of intercourse as constituting. 12-547. wife's refusal to follow husband to new domicile as desertion. 5-852. Drunkenness as ground for divorce. 1912C- 655. Impotency as ground for divorce. 1913A- 128. Marriage contracted by man without in- tent to continue relation as ground for divorce by wife. 1915A-829. Nonsupport of wife having separate prop- erty or income as ground. 1916 A- 856. TTnehastity or prior marriage, concealment as ground for divorce. 1914C-1291. 4. Pleading. Cross-bill in action by spouse other than, for divorce, right to file. 1912B- 743. General denial, right to give evidence of offense in recrimination. 1913B-674 Petition, necessity of allegation of resi- dence of plaintiff. 12-1092. Verification of petition, necessity and sufficiency. 11-799. 5. Defenses. Condonation as defense. 1912C-3; 1918 A- 651. loathsome disease, condonation as de- fense to action. 13-216. Connivance as bar to divorce. 10-819; 1915C-80. Conviction of crime, pardon as affecting right to divorce on account of. 7 1165. Insanity of defendant in divorce pro- ceedings. 1-252. DIVORCE Continued. Judgment in criminal proceeding as res judicata in civil action for divorce. 21-1185. Pendency of suit as bar to like suit by other spouse in another jurisdiction or county. 1914A-1140. Eecrimination, right as affected by com- parative gravity of offenses. 6-171; 1917A-177. Separation agreement as bar to action for divorce. 1916C-347, 367, 368. 6. Trial. Continuance in divorce cases. 1914B- 359; 1918B-1087. Dismissal, voluntary dismissal of bill for divorce. 1917A-1197. Failure to comply with order for suit money or custody of children as af- fecting right of party to defend. 2-464. Hearing in camera, right of court. 1913E-639. Intervention by third person, right of. 1913E-429. Procedure, effect of partial invalidity of statute relating to. 1916D-80. Statutory requirements, failure of plain- tiff to comply as affecting right to divorce, where defendant does not raise objection. 20-341. Venue, change of venue in action for divorce. 1917A-940. 7. Evidence. Adulterous disposition of defendant, ad- missibility ^)f evidence. 16-1118. Paramour, admissibility and weight of testimony in action on ground of adultery. 1913A-1240. Proof, degree required to establish cause for divorce. 1913B-1216. Testimony of detectives to prove adul- tery. 12-960. Uncorroborated testimony of party or parties, granting on. 1913B-3. 8. Counsel Fees and Costs. Counsel fees, allowance by appellate court. 3-51; 6-683; 15-229; 1915B- 1249. DIVOKCE. 281 DIVORCE Continued. Liability of husband for counsel fees incurred by wife. 15-21; 1917A- 689, 702. Reconciliation of parties, power of court to allow attorney fees in matrimonial action thereafter. 1913A-798. 9. Decree. Collateral attack on domestic decree. 1915B-430. Estoppel by remarriage to attack decree of divorce. 1917E-125. Final judgment, power of court to dis- regard interlocutory judgment or order on entering. 1915B-1195. Modification of divorce decree for pur- pose of allowing alimony, power of court. 1918E-1230. Payment to wife as compensation for services, power of court to order on dissolving marriage. 1914B-851. Ees judicata doctrine as applicable to di- vorce proceedings. 1916B-875, 924, 932, 934, 941, 944; 1918E-1230. Vacation of decree, direct proceeding brought by surviving party after death of other party. 5-892; 1913B- 369; 1917A-595. power of court to revoke decree for fraud. 18-1002. 10. Foreign Decree. Action based on foreign decree, neces- sity of alleging that court had juris- diction. 1913B-1193; 1916B-260. Conclusiveness and res judicata of for- eign decree. 1916B-903. Dower rights as affected by foreign di- vorce. 1913E-555. Extraterritorial effect of decree of for- eign court having jurisdiction. 4 864; 20-870. Marriage dissolved by other than court decree, validity in another jurisdic- tion. 1913D-537. Prohibition of remarriage of parties, ex- traterritorial effect of decree or stat- ute prohibiting. 15-758; 1918E-1074. Validity of foreign decree as dependent upon jurisdiction over defendant. 5-2C. DIVORCE Continued. 11. Violation of Decree. Marriage of party within prescribed time after divorce. 1-202; 1918E-557. Eemarrying in foreign jurisdiction after decree forbidding remarriage as con- tempt of court. 1914 A-l 175. 12. Effect of Divorce. Adoption of child, divorce of parents as affecting necessity of consent. 1914A-223. Adverse possession, acquisition by di- vorced wife of title to property. 1912A-573. Alienation of affections, effect of divorce upon right of action. 6-663; 1912D- 619. Criminal conversation, right of spouse against whom divorce has been ob- tained to maintain action. 1912D- 619. Curtesy, right of, as barred by divorce. 17-730. Death by wrongful act, child's right of action as affected by divorce of par- ents. 1918E-419. Dower as barred by divorce. 1914B-665. Entirety, effect of divorce on rights of tenant. 4-1102; 5-536. Gift of property to wife before divorce as recoverable by husband. 1912C 722. Homestead, alienation or incumbrancc by husband alone as affected by divorce. 9-14; 15-1121; 1917A-77. partition of homestead, right of hus- band or wife after divorce or separa- tion. 6-954. Insurance, effect of divorce upon rights of beneficiary. 2-351; 7-1026; 1913D- 685; 1917C-269. Waste committed by husband, right of wife to recover for in action for di- vorce. 21-1104. Will, revocation by divorce of testator. 3-230; 16-544. Witness, competency of husband or wife as witness as affected by divorce. 1912B-1200; 1918E-193. 282 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. DIVOECE Continued. 13. Custody and Support of Children. Custody of children, right of court re- fusing divorce to award. 5-91; 1912B-350. conflict of laws as to custody of chil- dren after divorce. 12-1059. Death of parent to whom custody of child was awarded, right to custody thereafter. 21-466; 1915C-653. Power of court to provide for custody or support of children, in absence of prayer for such relief. 1914D-753. Support of children, custody of children awarded mother without provision for maintenance as affecting liability of father for support. 7-903; 14- 255; 1913C-926; 1915D-813. liability of father after decree in his favor not providing for custody or maintenance. 1918C-939. provision for maintenance in divorce decree awarding custody of children to mother, liability of father for support. 12-138. 14. Alimony. Agreement relating to alimony as valid contract. 11-379. Alimony independently of divorce pro- ceedings, power of court to decree. 1913D-1132; 1914B-932. Allowance of permanent alimony after divorce decree. 1915D-1064; 1918E- 1230. Appeals, allowance of temporary alimony, suit money, counsel fees or costs pending appeal. 3-51; 15-229; 1915B-1249. Arrears of alimony, enforcement of pay- ment. 2-915. Assignability of alimony. 10-393. Bankruptcy discharge as affecting claims for alimony and support of children. 2-268. Defendant not personally served, power of court to decree alimony and costs. 2-819; 14-362. Disobedience of order for alimony as authorizing striking defendant's evi- dence and decreeing divorce by de- fault. 8-841. DIVORCE Continued. Disposal of personalty by husband dur- ing coverture as affecting right to alimony. 10-1055. Enforcement of decree for alimony by action at law. 3-579; 4-299; 8-700; 10-547; 20-1068. Foreign divorce by husband as affecting wife's right to maintain action for alimony. 3912C-289. Gross sum, allowance of alimony. 1- 224. Husband's right to alimony in action for divorce. 19-1142; 2915B-794. Inability to pay alimony as defense to charge of contempt of order of court. 15-945. Infancy as defense to application for ali- mony. 1913A-545. Lien of decree for alimony on realty. 9-90; 18-565; 1914D-888. Life of decree for permanent alimony. 2-915; 6-825. Modification of decree after life of de- cree, power of court. 5-940. agreement of parties for alimony, power of court to modify decree based on. 13-296; 1912C-446. alimony already accrued, power of court to modify decree as to. 1914A-302. misconduct of wife subsequent to di- vorce as ground for modification of alimony. 1914D-597. Ne exeat in suit by wife for divorce and alimony. 3-295. Proportion of husband's estate proper to be awarded to wife as permanent ali- mony. 1913A-803; 1914D-319. Recovery of alimony or suit money by wife in matrimonial action where both parties have committed adul- tery. 15-376. Eemarriage of divorced wife, effect on decree for alimony. 11-523. Setting aside divorce decree, power of court to award alimony in suit for. 19-455. Temporary allowance of alimony, neces- sity and sufficiency of proof of mar- riage as prerequisite. 10-558; 1913A- 664. DIZZINESS DOGS. 283 DIVORCE Continued. Title to husband's property, power of court to vest in wife. 5-469; 1912A- 894. Wife confined in prison or other insti- tution where she is supported with- out cost to herself or estate, right to alimony. 13-752. right of wife to alimony where di- vorce is granted against her. 20- 24; 1915C-1254. DIZZINESS. Injury causing dizziness, inadequacy of verdict. 1916B-418. DOCKED TAILS. Validity of prohibitory statute. 13-1032. DOCKS. See Wharves. DOCTORS. See Physicians and Surgeons. DOCUMENTARY EVIDENCE. See Evidence. DOCUMENTS Continued. effect of inspection of document pro- duced by opposing party upon admis- sibility. 21-1022. Filing, delivery to officer when not at office as constituting. 18-250. Order to produce, validity of statute au- thorizing entry of judgment by de- fault for failure to obey. 15-655. Prima facie evidence of certain facts, validity of statute declaring. 6-746. Privileged communication rule between attorney and client as applicable to production or disclosure of contents of document. 1913A-23. Production by witness who is not legal custodian, privilege to refuse. 13- 1180. Sealing as required by law, effect of fail- ure of public official to attach seal. 1914C-758. Secondary evidence of contents, when admissible. 8-413. Subpoena duces tecum, sufficiency of de- scription of document. 15-643. Unstamped documents as evidence. 1- 24. Wills, incorporation of document into will by reference. 1-395; 9-105. DOCUMENTS. of passenger, memoranda and papers as constituting. 21-734. Certification as true copy, proper form. 1912C-942. Client's books or papers not constitut- ing confidential communication to attorney, right to compel attorney to produce. 1916A-67. Corporate books and papers, right of di- rector to inspect. 17-837; 1914B- 424. Discovery as affected by denial of pos- session or control. 15-317. Druggist's record of liquor sales, admis- sibility in evidence against him. 20-1182. Evidence, conclusiveness against party introducing. 17-381. contents of document as subject to tes- timony by one who heard it read. 1916C-1182. DOGS. Barking of dog as nuisance. 10-67. injuries resulting from dog barking at horse or other animal, liability of owner. 1912D-996. Bite of dog as accident arising out of and in course of employment within Workmen's Compensation Act. 1918B- 790. excessive verdict for injuries resulting from dog bite, what is. 1913A-1380. Calling dog to assistance, liability for injuries to person caused by animal. 1915B-761. Carrier of goods, duty and liability as to dogs not boxed. 18-235. Evidence of ownership, name on dog collar as constituting. 1915D-356. Harborer of dog, liability for injuries caused by it. 1914B-606. Killing dog, automobile owner or driver, liability therefor. 1914B-83. 284 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DOGS Continued. railroad company's liability for. 3- 275; 20-918. street railway, liability for. 8-419. Larceny, dogs as subject of. 5-798. Liability of owner for damage, consti- tutionality of statute. 13-847. Mad dog, liability of owner for injuries inflicted. 1915D-249. Provocation by plaintiff as defense to action for injuries by dog. 15-165. Taxation, validity of ordinance imposing tax on privilege of keeping dog. 1912D-S79. Viciousness, knowledge of owner in ac- tion for personal injuries caused by dog. 4-127; 20-72. DOING BUSINESS. Foreign corporation, what constitutes do- ing business in state. 2307; 6-744; 8-942; 11-320; 1912A-553; 1913E- 1154; 1916E-417; 1918C-539; 1918E- 1248. DOLLAR-MARK. Omission, effect in instrument, indict- ment, etc., indicating money. 1915C 335; 1916D-542. DOMESTIC PURPOSES. Meaning of that or similar phrase. 1912B-619; 1914D-561. DOMESTIC RELATIONS. See Husband and Wife. Death by wrongful act, evidence of do- mestic relations of deceased, admis- sibility. 1916O671. Libel and slander, admissibility of evi- dence of plaintiff's domestic relations. 6-768. DOMESTIC SERVANTS. Fellow-servant of child or other servant of employer, domestic servant as. 21-304. Injury to domestic servant, liability of master. 1917D-499. DOMICILE. Acquisition in place where person en- joys exemption from local laws. 1S-699; 1918E-682. Acts and declarations of claimant, respec- tive weight on question. 21-206. Change of domicile where person leaves one place to settle in another, when actually occurs. 1914B-484. Divorce, validity of foreign divorce as dependent upon domicile of parties. 5-26. Husband and wife, change of domicile by husband as affecting duty of wife to follow. 5-852. Infant, domicile after death of father. 1913E-1200. after death of both parents. 1913E-1206. "Place of abode," meaning of term. 1912C-282. Student, residence at school or public institution as affecting domicile within election laws. 1917C-403. Synonymous terms. 1915C-783, 796, 804; 1917B-726. Testator, collusiveness of foreign pro- bate as to domicile. 9-423. Wife, domicile after death of husband. 1913E-1196. right to acquire separate domicile after abandonment of marriage relation. 1912D-397. DONATIONS. See Appropriations; Gifts. DONEE OF POWER. See Powers. DOORS. Arrest, right of private citizen to break open doors in attempt to make. 8 250. Breach of peace, right of private citizen to break and open doors in prevent- ing. 1912D-67. Burglary, opening screen door as break- ing. 15-932. partly open door, opening as constitut- ing breaking. 15-929; 1916C-320. Car door causing injury to passenger, liability of carrier. 18-1163; 1918C- 377. DOUBLE TEACK DOWER. 285 DOORS Continued. Fixtures, doors as. 20-470. Opening outwards in street, liability for injuries caused. 1916E-458. Passenger walking through doorway to place of danger, liability of carrier for injuries received. 17-462. Bevolving or swinging, liability of pro- prietor for injuries to persons. 16-117; 1916D-1235. DOUBLE TRACK. Meaning of term as used in ordinance. 1918E-243. DOWER. 1. In General. 2. Property Subject. 3. Release. 4. Loss of Eight. 5. Lieu of Dower. 1. In General Allotment, right of purchaser of land from husband without joinder of wife to require allotment from other lands left by decedent. 9-490. Common-law wife, right to. 1912A-78. Creditor's bill to reach dower right. 1914B-955. Inheritance tax as applicable to widow's dower. 1913A-167; 1918D-1094. Legislative control of inchoate dower. 12-191. Limitation of actions or doctrine of laches, applicability to action for dower. 11-411. Murder of husband by his widow as af- fecting her right to dower. 2-659. Partition of premises, right of dowress. 19-810. Priority as between purchase-money mortgage and dower. 1916C-946. attachment lien not perfected by judg- ment during husband's lifetime as prior to widow's share in estate. 1913A-343. Probate court, jurisdiction with respect to widow's release of dower rights. 5-193. DOWER Continued. Putative wife, dower rights. 1913A-240. Eepair of buildings on dower lajid, duty of tenant in dower. 1912B-1215. Eeservation in deed of dower interest of stranger as an exception to con- veyance. 18-800. Trees on dower land, right of widow to cut. 20-972. Vendor's implied lien, dower interest as subject to. 21-952. 2. Property Subject. Alienation of land by husband before marriage, right to dower in. 1913A- 629. Conveyance of land to, or condemnation by, railroad, right to dower in land. 21-491. Crops, right of widow to dower in grow- ing crops. 17-945. Dower out of dower. 1912D-781. Equity of redemption, right of dower in. 12-481; 1913B-1310. married woman's right of redemption during life of husband. 6-475; 15- 315. Fraudulent conveyance joined in by wife, right of wife to dower on setting aside conveyance as in fraud of creditors. 15-446. Mining lease, assignment of dower as in- cluding proceeds of lease. 1915A- 520. Partnership lands, right in. 1912A-410. Eemainder or reversion interest of hus- band in realty as subject. 1912D- 779. 3. Release. Antenuptial agreement for release of dower in property of intended spouse, validity. 4-804; 16-710; 1914B-620; 1916D-994. effect of failure of consideration for antenuptial agreement. 1917A 48, 64, 67. Election under will, death of widow with- in time for making election between dower and other interest, effect. 5-82. effect of widow's qualifying and acting as executrix upon right of election. 4-1037; -336. 286 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DOWER Continued. intestate property, right in as affected by widow's election to take under will. 1918B-986. Express contract with husband for re- lease, right of married woman to make. 1917A-48, 64, 67. Quitclaim deed as passing dower right. 1913C-367. Separate instrument not joining husband, right of married woman to release dower thereby. 13-143. 4. Loss of Bight. Adultery in absence of divorce as bar to dower. 5-230; 7-354. Adverse possession against husband as bar to wife's dower. 9-149. Bankruptcy as affecting dower rights of bankrupt's wife. 19-1087. Divorce as barring dower. 1914B-665. Estoppel to claim dower by silence. 1912B-96. Foreign divorce, effect on dower rights. 1913E-555. Joinder of wife in husband's deed of hia land as estoppel to set up dower rights. 1916A-800. Tax sale as defeating inchoate right of dower. 19-977; 1914C-115. 5. Lieu of Dower. Annuity, in lieu, right of apportionment. 21-315. Election between dower and other inter- est, effect of death of widow with- in time for making. 5-82. Gross sum agreed to be accepted in settle- ment of dower right, effect of death of widow prior t receipt by her. 1914D-554. Legacy accepted by widow in lieu, abate- ment. 2-976. DRAFTS. See Banks; Bills and Notes. DRAINAGE. 1. In General. 2. Drainage Districts. 3. Special Assessments. 4. Municipal Powers and Liabilities. DRAINAGE Continued. 1. In General Covenant against incumbrances, existence of public sewer through land as breach. 1916B-586. Easement of subterranean drainage as impliedly reserved where conveyance makes no reference to drain. 1912C- 856. Eminent domain, interest acquired in land for sewer purposes as easement or fee. 20-571; 1918A-809. public use, drainage of land as con- stituting. 14-905; 20-272; 1912D- 1004. Independent contractor, person engaged in construction work. 19-25; 1918C- 658. Inferference with drainage by construc- tion of railroad on right of way, liability for damages. 19-336. Natural ponds formed by surface water drainage. 2-197; 11-1143; 1915C-971. Nuisance, prescriptive right to maintain ditch or culvert constituting public nuisance. 17-792. running of statute of limitations against action for damages. 10-185. "Plant," meaning of term as applied to sewer system. 1917A-321. Public works, sewers as. 11-595. Sewage disposal, validity of statute or ordinance regulating. J913D-61. Statutes, effect of partial invalidity of statute relating to drainage. 1914D- 48. Waste, digging drain in meadow or arable land as waste. 1918D-547, 554. 2. Drainage Districts. Alteration or extension of boundaries of district. 1915C-27. Collateral attack on organization. 1915C- 26, 40. Creation of district, power of legislature. 1915C-30. Dissolution of drainage district. 1915C- 30. Law of drainage districts. 1915C-9. Quo warranto against drainage district. 8-324. DRAMATIC CRITICISM DROWNING. 287 DRAINAGE Continued. Review of order establishing drainage district. 1915C-23. Torts, liability of drainage or similar dis- trict. 15-908; 21-958. 3. Special Assessments. Drainage ditch assessment, liability to pay as between- life tenant and re- mainderman. 1914B-819. Sewer assessment, liability to pay for constructing sewer as between life tenant and remainderman. 1914B- 819. property subject to assessment. 1915D- 384. 4. Municipal Powers and Liabilities. Attractive nuisance doctrine as applicable * to municipal drain or sewer. 1915C- 290. Cleaning and repairing sewers, liability of municipality for failure. 13-470. Connection of premises with sewers, power of municipality to compel. 1- 443. Construction of sewer in street or alley, right of abutting owner to compensa- tion. 18-955. Defective sewers or sewerage system, lia- bility of municipality. 4-1089; 14-174; Extraterritorial construction of drains and sewers as within corporate powers of municipality. 7-522. Eemoval, construction or enlargement, of sewers, power of court to compel municipality. 1917E-308. Sewerage commissioner as municipal of- ficer. 1914D-1237. Statutes, partial invalidity of statute re- lating to municipal drains and sewers, effect. 1916D-76. Steam used for sewerage purposes, muni- cipal liability for damages caused. 6-177; 11-588; 1912B-450. Surface water from highways, right of municipality to drain upon adjacent land, 6-990. DRAMATIC CRITICISM. Libel or slander by means of. 1912B- 985. DRAMATIC PRODUC- TIONS. Infringement of copyright. 14-433. DRAMSHOP. Social club distributing liquor to members as constituting within statute regulat- ing liquor traffic. 1912A-1089. DRAUGHTSMAN. Presumption of fraud from advantages ac- cruing to draughtsman through in- strument drawn by himself. 1-812. DRAWBRIDGE. Municipal liability for operation. 15-842. DREDGING. Land under water held by private owners, right of government to dredge through. 19-697; 1915A-234. DRINKING. Employee stopping work for purpose of drinking as suspending relation of master and servant. 1913C-946; 1918A-1195. % DRINKS. Food, drinks as constituting within mean- ing of Food and Drug Acts. 1913E- 1293. DRIVERS. See Automobiles; Vehicles. DROVER'S PASS. Exemption of carrier from liability for negligence, validity of stipulation in pass. 1914A-678. Liability of carrier to person riding on drover's pass or in charge of stock. 6-799; 1917E-149. DROWNING. Accident arising out of and in course of employment within Workmen's Com- pensation Act. 1913C-5, 6, 7, 15, 19, 23, 24; 1916B-1296, 1298, 1300, 1302; 1918B-793, 803, 604. 288 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DRUGGISTS. Intoxicating liquors, burden of proof of right to sell as registered druggist iu prosecution for illegal sale. 1913C 37. evidence against druggist, right to use record kept by him. 20-1182. legality of sale as affected by element of intent or good faith. 1912D-1345. prescriptions for liquor, rights and lia- bilities of druggist. 1918E-920. record of druggists' liquor sales, right of private citizen to compel dis- closure. 15-1019. use and sale of liquor by druggists, validity of statute regulating. 10- 401. Itinerant vendors of drugs, statutory regulation. 10-401; 1913D-1242. Libel or slander, imputation of ignorance or incompetence to druggist as action- able. 20-482. Licenses, effect of partial invalidity of statute relating to. 1916D-57. Negligence of clerk, liability of druggist. 1915C-419. Patent or proprietary medicine, injury caused by use, civil liability of vendor or manufacturer. 1914D-51. Poison, construction of statutes' regulating sale. 20-491. possession by other than dealer, licensee, etc., validity of statute prohibiting. 1912C-792. Prescriptions, error in filling, liability of druggist. 1912C-1219. retention of prescriptions filled or pre- sented to be filled, right of druggist. 4-519. Sale by mistake, contriDutory negligence of injured person, his servants or agents as bar to action for damages. 8-896. Statutory regulation of druggists or phar- macists, validity. 10-399. DRUGLESS HEALING. Special regulation of druglesa treatment of disease. 1917B-798. DRUGS. See Food and Drugs. Adulteration, construction of federal Pure Food and Drugs Act with respect to. 1915A-48. Habitual use of drugs as cruelty, warrant- ing divorce. 1918B-491. Negligent preparation, liability to third person. 1-756. Opium or other narcotic, validity of fed- eral regulation of manufacture, sale or possession. 1917D-856. Person under influence of drugs, admis- sibility of nonexpert opinion. 1913B- 108. Trademark or trade name as infringed by similar name. 1915B-334. Witnesses, impeachment by proof of drag or liquor habit. 1918A-639. DRUMMERS. Baggage, catalogues, models, photograph* and samples as constituting. 21-732. Binding contract of sale, authority to make. 1912B-356. Collection of accounts, authority of travel- ing salesman as to. 7-650; 14-858. Exclusive selling territory, measure of damages for invasion by principal. 1912C-1252. Innkeepers, liability with respect to goods brought to hotel for sale or show. 1913A-449. Service of process on agent of foreign corporation, traveling salesman as "agent" within statute. 1914D-987. State taxation of business of taking orders for foreign goods or services as at- tempted regulation of interstate com- merce. 2-701; 14-865; 1916B-496. DRUNKENNESS. Generally. Accident insurance, "under the influence of intoxicants" as used in policy. 13-516. Attorney's intoxication as ground for new trial. 1913D-500. DUAL CAPACITY DOCTRINE DUE. 289 DRUNKENNESS Continued. Benefit insurance, construction of restric- tion in contract as to use of intoxi- cants by insured. 1918A-623. Carrier of passengers, assault by intox- icated passenger on other passenger, liability of carrier. 18-775. intoxicated passenger, liability of car- rier to. 5-72; 9-488. protection of passengers against in- toxicated persons, duty of carrier. 8 225; 1912C-1278. statute prohibiting intoxication on pas- senger conveyance, validity. 1913E- 1061. Civil Damage Act, contribution to in- toxication in . degree or time, or formation of habit as creating liabil- ity against several persons under act. 21-395. Compulsory commitment of inebriate to institution for treatment, construction and validity of statute providing for. 15-964; 1917E-359. Contempt arising from intoxication in, presence of court. 1913B-282. Contracts entered into by intoxicated per- son as void or voidable. 1918E-330. intoxication of contracting party neces- sary to invalidate contract. 8-254; 21-1109. Contributory negligence as affected by intoxication. 19-1176; 1914D-114. Divorce, drunkenness as ground. 1912C- 655; 1918B-491. Evidence, competency of witness to tes- tify to temperance or intemperance of another. 13-253. nonexpert testimony, admissibility to prove intoxication. 10-788; 1917C 628. presumption of temperance or sobriety. 1918A-620. Intoxication or drunkenness, what 13. 1913E-1103. Juror, drunkenness as ground for new trial. 1912A-1322. Libel and slander, intoxication as justifi- cation or mitigation of slander. 1916E-564. Marriage invalidated by intoxication, de- gree sufficient. 1913B-1242. Master and servant, discharge of servant, intoxication as ground. 1916A-1019. Index to Notes 19 DRUNKENNESS Continued. drunkenness of servant as affecting question of incompetency. 12-99. fellow-servant, evidence of general reputation for drunkenness in action by servant against master. 18-929. Public officer, drunkenness as ground for removal. 1912A-1289; 1917D-994. Witness, "crime" for which witness may be impeached, drunkenness as. 1916A-276. drunkenness as ground for impeaching one's own witness. 1914B-1123. intoxication at time of events concern- ing which witness testifies as ground for impeachment. 16-368. proof of liquor habit to discredit wit- ness. 1918A-639. Workmen's compensation, accident due to drunkenness as one arising out of and in course of employment. 1913C- 19. intoxication of employee as precluding recovery under Workmen's Compensa- tion Act. 1915B-997; 1918B-686. Effect upon Criminal Responsibility. Assault with intent to kill, intoxication as defense. 18-530. Burglary, intent as affected by intoxica- tion. 1913C-521. Confession obtained during intoxication as affecting its admissibility. 1916C- 1168. Criminal responsibility of person mentally diseased from use of intoxicants. 19-1169. Larceny, intoxication as defense in pros- ecution. 6-636. Kobbery, taking property when drunk, as bearing on intent to steal. 21- 1140. DUAL CAPACITY DOCTRINE. See Master and Servant. DUCES TECUM. Sufficiency of description of documents in, subpoena duces tecum. 15-643. DUE. Legal meaning of term. 1918E-756. 290 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DUE AND OWING. Legal meaning of phrase. 1918E-782. DUE AND PAYABLE. Legal meaning of phrase. 1918E-784. DUE-BILLS. Clearing-house. 1914C-516. Limitation of action on due-bill, when begins to run. 14-808. DUE DATE. Legal meaning of term, 1918E-785. DUE IN FULL. Legal meaning of phrase. 1918E-785, DUELING. Challenge to fight duel, what constitutes. 19-72. Cruel and unusual punishment for chal- lenging another to a duel. 19-731. Life insurance, construction of provision in policy excepting death resulting from duel. 1915B-549. DUE PROCESS OF LAW. See Constitutional Law. Discretionary power conferred by statute, exercise by court as due process of law. 2-317. Eminent domain, depriving public prop- erty of use for which intended as taking without due process. 1915B- 1139. Insane persons, due process of law in commitment. 1-733; 13-877; 1913C- 323. Eailroads, statute imposing absolute lia- bility for damage by fire as contra- vening constitutional guaranty. 16- 942. DUES. See Beneficial Associations; Societies and Clubs, DUMB PERSONS. See Deaf and Dumb Persons. DUMPING-GROUNDS. Maintenance by municipality as imposing liability for injuries resulting. 11- 189. DUPLICITY. Time and method of objecting to indict- ment on ground of duplicity. 10- 1004. DURATION OF LIFE. Mortality tables to show probable dura- tion as admissible in action for death by wrongful act. 1918A-1021. DURESS. Annulment of marriage, duress as ground for annulment. 20-1375. Contract induced by threats of criminal prosecution against friend, or relative other than parent, child, or spouse, validity and effect. 1917C-1033. parent or child, validity of contract in- duced by threat of criminal prosecu- tion against other. 1917C-1026. ratification of contract voidable for duress. 1913E-438. i wife's contract induced by threats of criminal prosecution against husband, validity and effect. 11-385. Criminal law, duress as defense to charge of crime, burden of proof. 1912B- 1111. Demand for receipt in full as condition of payment of part of debt as duress avoiding receipt. 8-880. Husband and wife, threat of abandon- ment by spouse as constituting duress. 1917A-174. Internal revenue tax, necessity of duress to entitle to recovery of payment. 1916A-299. Landlord and tenant, effect of duress r.s avoiding estoppel of tenant in pos- session to dispute landlord's title. 4- 110. Marriage under threat of prosecution for seduction' as made under duress. 14 869. DUST DYING DECLARATIONS. 291 DURESS Continued. Murder, duress as defense to prosecution. 3-1028. Payment to prevent apprehended injury to business as payment under duress. 2-825; 1918B-516. recovery of money paid under coercion of threats to begin criminal prosecu- tion. 3-107. under duress of personalty as compul- sory payment. 1913A-1354. Preliminary examination, waiver as af- fected by duress. 1917E-183. Replevin, right to show duress under gen- eral denial. 20-300. Suretyship, duress of principal to con- tract as affecting surety's right to avoid contract. 1913D-1191. DUST. Dust as nuisance, running of statute of limitations against action for dam- ages. 10-186. DUTY. Mandamus to compel performance of con- tinuing duty. 4-198; 20-220. Negligent or wilful omission of duty causing death as manslaughter. 13- 42; 1914A-557. DWELLINGS. Burglary, sufficiency of description in in- dictment. 1913D-868. Covenant in deed restricting use of prem- ises to dwelling-house, construction as applied to various buildings. 1912D- 477; 1915A-419. Fire insurance, construction of clause "unoccupied or occupied" in policy. 1912D-84. "Near dwelling," meaning of term 1913D-124. Unfinished dwelling as dwelling-house within law of arson. 15-547. DYES. Trademark or trade name as infringed by similar name. 1915B-340. DYING DECLARATIONS. Acts or signs instead of words, fact that dying declaration is so made as affecting its admissibility. 1912B- 231. Admissibility of dying declaration on be- half of defendant. 1918C-425. Declarant's death under inquiry as only ground for admissibility of his dying declaration. 1913C-412; 1917A-612; 1918C-581. Exceptions to rule that dying declara- tions are admissible only in prosecu- tions for homicide. 6-69; 1915D-215. Exclusion of jury during argument rel- ative to admissibility. 20-1143. Impeachment of dying declaration by proof of contradictory statements. 7-885; 20-887. Impending death, expectation of "imme- diate" death, necessity to render dy- ing declaration admissible. 17-287. expression of desire for consolation of religion as proof of belief that death is impending. 13-238. inference from wound or state of illness that declarant was sensible of im- pending 'death as rendering declara- tion admissible. 1912C-85. Malice or desire for revenge on part of declarant as affecting admissibility. 1917A-1247. Opinion of declarant, admissibility as dying declaration. 1913E-228. Provocation for defendant's act, admissi- bility as dying declaration of state- ment respecting. 1912C-429. Question of law or fact, admissibility of dying declaration determinable as. 8-539. Religious belief of declarant, want of as affecting admissibility or weight of declaration. 16-148. Signs instead of words, admissibility as dying declaration. 1912B-231. Transaction occurring prior to homicide, admissibility of- statement as dying declaration. 21-152. Weight, whether entitled to same as state- ment made under oath. 1914C-222. 292 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. DYNAMITE DYNAMITE Continued. Malicious prosecution for dynamiting as Storage as nuisance. 1916C-822. statutory offense, exceasiveness of ver- injunction to restrain storage or keeping, diet. 1916C-273. 14-594. E EACH. Meaning as used in will. 1914D-247. EARNING CAPACITY. Habits or physical condition of deceased as admissible in evidence in action for death by wrongful act as affecting earning capacity. 1912C-266; 1916E- 652. Injuries impairing, excessiveness or ade- quacy of verdict. 16-49; 1913A-1382; 1916B-406. Judicial notice of loss through personal injury. 1916B-337. Kailroad, valuation for purpose of tax- ation, earning capacity as element. 1916E-1182. Workmen's compensation, compensation as dependent on loss of earning capacity. 1917E-156. EARNINGS. Corporation, insufficiency as ground for suit by minority stockholders to wind up corporation. 1918E-426. Ix>ss of earnings by wife due to personal injury, right to recover damages for. 4-205. Minor child, earnings as element of re- covery of damages by parent for death by wrongful act. 1912C-62; 1916B-534. Public officer wrongfully excluded from office, right to deduct earnings from salary due. 1912D-897. Workmen's compensation, what included in term "earnings." 1913D-1026; 191SB- 642. EARS. Excessiveness or inadequacy of verdict for injury to ears. 16-40; 1916B-406. EARTH. Dumping dirt, rock or stones on land as making them, part thereof. 1914C- 1154. Highways, rights of abutting owner to earth in highway. 2-596; 11-445. EARTH CLOSETS. Validity of statute or ordinance regulat- ing out-of-door closets or privies. 1916D-212. EARTHQUAKES. Fire insurance policy excepting loss caused by, construction of clause. 17-1097. EASEMENTS. Generally. Covenant against incumbrances as breached by existence of easement. 1912D-1119; 1913D-440; 1914D-1011; 1916B-586. warranty, existence of easement as breach of covenant. 1912C-650; 1916C-1198. Easement appurtenant, conveyance con- taining no reference to appurtenances as passing easement appurtenant. 20-1212. way as appurtenant to close at which it neither begins nor ends. 3-643. Eminent domain, interest in land acquired by condemnation proceedings as ease- ment or fee. 20-568; 1918A-806. private right of way, right to compen- sation for taking. 19-681. telegraph and telephone companies, power to condemn railroad right of way under statute. 1917B-689. EASEMENTS. 293 EASEMENTS Continued. Evidence to establish existence of private right of way, admissibility of reputa- tion. 1912A-847. Exception and reservation of right of way, distinction between. 18-801. Extinguishment, sale of land for taxes as extinguishing private easement. 1916C-638. Frauds, statute of, transfer of railroad right of way across land as within statute. 1912D-981. Ice, grant of right to take from another's premises, nature and effect of grant. 1917D-93. right to harvest ice as between person having right of flowage and riparian proprietor. 1917C-782. subterranean drainage, implied reser- vation where conveyance makes no reference to drain. 1912C-856. Implied easement of right of way, neces- sity as essential to creation. 1913C- 1112. Landlord and tenant, constructive evic- tion, deprivation of easement as con- stituting. 7-599. right of way as passing to lessee under general demise of premises. 19-1202. Light, extinguishment of easement of light by merger of estates. 12-303. 'measure of damages for obstruction of ancient light. 1913A-741. Location, equity jurisidiction to locate way by necessity. 1916A-146. indefinite right of way, location by par- ties interested. 1-681. practical location granted in general terms. 7-853. "Necessary," meaning of term as applied tt> easement. 1918D-931. Prescription, party-wall, creation and ex- tent of easement in by prescription. 11-629. use of easement founded upon void parol grant as acquisition, of prescriptive title. 13-925. Eailroad right of way, acquisition of title to land within by adverse possession or prescription. 1916D-1186. estate or interest acquired by railroad in land purchased for right of way. 6-242; 13-432; 1916E-763. EASEMENTS Continued. land owner's right of way over railroad right of way granted by him. 1915C- 1192; 1917A-500. telegraph company, interest acquired in railroad right of way, compensation for. 1-741. Eestriction of easement to use connected with dominant estate. 1917A-1250. Tenancy in common, validity of grant of easement by one tenant. 13-307; 1913A-227; 1918C-92. Trespass ripening into easement from continuing and repeated use, injunc- tion to restrain. 15-1237. Turnpike corporation holding easement, title as affected by expiration of fran- chise. 13-665. Bights and Liabilities of Parties. Change in condition of dominant estate, effect on easement of right of way. 1914C-474. Ejectment to recover land subject to ease- ment. 1-863; 17-734. Entry under or obstruction of right of way, liability of third person to land- lord. 1912D-124. Excessive use of easement right to dam- ages. 1-864. Execution sale, liability of easement. 5- 513. Forcible entry and detainer, recovery of easement by action of. 9-1177. Forfeiture of easement for misuse. 1917A-1018. nonuse of easement of right of way as ground for forfeiture. 1917D-595. Gates at ends of way acquired by pre- scription, right of servient owner to erect or maintain. 1914D-770. Bepair and protection, duty as resting on owner of dominant or servient estate. 14-1138. Support of building, interference with easement, liability of land owner ex- cavating on his own premises for re- sulting injury to adjoining building. 21-24. Vendor's lien, easement as subject to. 21-952. 294 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EATING. Employee stopping work temporarily to eat, effect on relation of master and servant. 1913C-943; 1918A-1194. Workmen's compensation, injury to em- ployee during lunch hour as accident in course of employment. 1918B-816. EAVES. Encroachment by overhanging eaves, rem- edy of owner of land against. 4-343. EAVESDROPPING. Incriminating statements overheard by officer as admissible as confession. 15-276. EBB AND FLOW. Meaning of "ordinary" as applied to high and low water mark. 17-149. ECCLESIASTICAL. TRIBUNAL. Decisions with reference to consolidation or reunion of churches as reviewable -by civil courts. 19-289. EDITORS. Liability for libel for publication in news- paper or periodical. 7-457. EDUCATION. See Colleges and Universities; Schools. Appropriation in aid of educational in- stitution as within constitutional pro- vision against giving or loaning of money or credit of state or munici- pality. 1913C-1234. Infants' contract for instruction as con- tract for necessaries. 8-131; 20-593. Ix)ss of education by child as element of damages recoverable for death of father by wrongful act. 16-932. EFFECTS. Testamentary gift of "effects" as including realty. 7-128. EGGS. Eegulation of sale, validity and construc- tion of statute or ordinance. 1918A- 181. EIGHT-HOUR DAY. See Labor Laws. EJECTION OF PASSEN- GERS. Duty of passenger to pay fare second time to avoid ejection. 1913B-1209. Injury to passenger resulting from ejec- tion of other passenger, liability of carrier. 1914B-867. Place where carrier may eject passenger from train. 1912C-488. Kefusal of passenger to pay extra fare where no opportunity to buy ticket was presented, right of railroad to eject. 3-887. right of railroad company to eject where sufficient opportunity to buy ticket was presented. 10-923; 1913A-1198. Ticket invalid through fault of carrier, right to eject passenger holding. 9 889; 1912C-730. EJECTMENT. 1. Eight to Maintain Action. 2. Actions and Proceedings. 1. Right to Maintain Action. Adverse possession right of grantee of land held in adverse possession to sue to recover from adverse holder. 1915D-527. Easement, recovery in ejectment of land subject to. 1-863; 17-734. Execution sale of land conveyed in fraud of creditors, right of purchaser to recover possession in action of eject- ment. 1914C-975. . Incompetent person, avoidance of deed in action of ejectment. 14-507; 1915D- 1025. Personal representative's right to bring ejectment for lands of deceased. 15- 569. Public lands ejectment pending final deter- mination between conflicting claim- ants. 12-33. EJUSDEM GENERIS ELECTION OFFICERS. 295 EJECTMENT Continued. ^Remainderman and life tenant, right to join in action. 1912C-241. Telegraphs and telephones unauthorized stringing of wires above premises, remedy of land owner by action of ejectment. 9-860. Tenant in common against stranger, right to recover entire premises. 5-824; 7 999; 1915D-1043. Title of parties derived from common source, right of one to assert par- amount title as against other in action of ejectment. 16-652. when must exist in plaintiff to support suit. 7-1125. Vendor and purchaser, breach of condition subsequent in deed, right of grantor to maintain ejectment. 14-1017.. vendee not in default, right of vendor to maintain action of ejectment. 2*0 353. 2. Actions and Proceedings. Damages, interest on value of premises during period of detention, right of plaintiff to recover as damages. 16 853. Estoppel, necessity of pleading specially in action to recover real property. 1914C-1137. Inconsistent defenses in action of eject- ment. 1917C-731. Judgment, time as of which judgment speaks. 13-1092. Landlord and tenant, action against land- lord without joining tenant, right to maintain. 12-531. estoppel of tenant to deny landlord's title in action of ejectment. 1912D- 102. judgment in ejectment against tenant, effect on landlord's title to land. 5 61; 19-263. Limitation of action, necessity that de- fendant plead statute. 21-1244. New trial, statutory right in ejectment. 1914C-735; 1916E-556. Oral contract for purchase of land as defense to action of ejectment. 1912A-566. Servant or agent in actual possession of premises, right to maintain action against. 1913C-356. Venue, right to change place of trial. 1912B-534. EJUSDEM GENERIS. Inapplicability in construction of statute, when. 1914C-305. Rule as applied to Workmen's Compen- sation Act. 1917D-7, 38, 39. ELECTION. Insurance, election to avoid contract for breach of warranty, necessity of pleading election as defense to suit on policy. 14-91. ^-repairing or rebuilding after fire loss, election of insurer as creating new cause of action in favor of insured. 16-105. Intoxicating liquors, right of accused to compel election between several acts of violation of liquor law. 20-1070. Wills, conduct of widow as executrix as amounting to election. 4-1038; 6-336. death of widow within time for making election between dower and other in- terest, effect. 5-82. effect in another jurisdiction of election made with respect to will. 1914A-446. exercise of right of equitable election by another, right to control manner thereof. 10-828. husband's election to take under wife's will, sufficiency of acts to constitute. 1916C-1204. parol evidence as admissible to deter- mine necessity. 1915B-55, 76. ^-personal representative of husband, right to exercise right of election under wife's will. 1912B-529. < renunciation of will by widow, effect on rights of other legatees or devisees. 1913E-416; 1917A-910. widow's election to take under will as affecting her right to intestate prop- erty. 1918B-986. Workmen's compensation, acceptance of act, right to and effect. 1915C-308; 1918B-715. ELECTION OFFICERS. Carrying concealed weapons, exemption from statute against. 1914A-256. Election commissioner as municipal officer. 1914D-1233. 296 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ELECTION OF REMEDIES. Conditional sales of property, election of remedies on breach. 1-268; 16-1057; 1917D-464. Employer's liability, necessity of election between federal act and state statute or common law.. 1917A-1270. Inconsistency of remedies as essential to application of doctrine. 6-212. Law and equity, election as between. 1914B-1218. Mistaken remedy, pursuit as election. 5- 962. Prosecution of first remedy, doctrine of election of remedies as defense. 1913D-1199. Waiving tort and suing in assumpsit. 1913D-228. ELECTIONS. 1. In General. 2. Constitutional and Statutory Pro- visions. 3. Court Control. 4. Qualification of Voters. 5. Notice of Elections. 6. Nomination of Candidates. 7. Conduct of Election. 8. Result of Election. 9. Contested Elections. 10. Offenses Against Election Law. 1. In General. "Any election," legal meaning of term. 1916E-38. Candidates for office, who are. 12-109. Date of election for constitutional and statutory officers, effect of statute postponing election as extension of term of office. 13-161. Drainage districts, provisions for. 1915C- 21, 47. Election commissioner a.s municipal officer. 1914D-1232. Freeholder, as applied to voter or candi- date. 1913D-333. Influencing election, validity of contract designed to influence. 1917C-350. ELECTIONS Continued. Legislative investigating committee, powers with respect to elections. 1916B-1057, 1110. Libel and slander, loss of election as element of damages. 1918B-1129. Local option election, judicial notice of. 18-191; 1915C-333. Municipal corporation, power to elect of- ficers in method other than that pre- sented by general laws. 1915B-126. "Next regular election," "next general election," "next city election," "next election by the people," "next elec- tion," "ensuing general election," "first proper election," meaning of terms. 10-1140. Recall of public officer. 1916A-1165. Eight to vote, civil liability for prevent- ing exercise of suffrage. 20-1008. measure of damages for preventing ex- ercise of. 21-1355. School elections, power of legislature to define qualifications of voters. 7-666. "Similar," meaning of word in election law. 18-794. 2. Constitutional and Statutory Provi- sions. Advertising with respect to political can- didacy, statute prohibiting. 1916A- 907. Australian ballot laws, validity and effect. 4-144; 6-970. Ballots to be numbered, validity and effect of statutes requiring. 6-969. Campaign expenditures, statute limiting as violating constitutional liberty of speech and press. 1915B-1186. Candidates, name not on official ballot, validity of statute providing against voting for. 1913D-614. Classification of municipalities according to differences in population, validity of election statute. 15-861. Criticism of candidates for office, statute forbidding as ifffringfng constitu- tional liberty of speech and press. 1915B-1185. Defective election, validity of statute le- galizing. 1914B-461. Election expenses of candidate at primary or other election, validity and contruc- ELECTIONS. 297 ELECTIONS Continued. tion of statute requiring statement filed. 1915A-366. contribution by person other than can- didate, validity and construction of statute regulating. 1918E-173. Initiative or referendum provision in con- stitution or statute with reference to elections, construction. 1916B-831, 860. Nonpartisan ballot law, validity. 1915C 504. Partial invalidity of statutes relating to elections, effect. 1916D-50, 171. Preferential system of voting, validity and construction of statute providing. 1917C-482. Primary elections, constitutional or statu- tory provisions relating to elections as applicable. 2-251; 16-251; 1913A- 702; 191SE-79. validity of statutes. 5-568; 12-73; 1916B-594. Eegist ration of voters, validity of statute providing. 1913B-17. Separate ballot for particular officer, valid- ity of statute providing for. 1913E-- 775. Time for holding election, statutory pro- vision as directory or mandatory. 1913E-371. Women, statute giving right to vote, valid- ity. 1915A-802. suffrage for women, validity of muni- cipal authorization. 1918C-906. 3. Court Control. Court interference with part government or nominations. 21-296. Injunction, power of courts of equity to enjoin election. 9-123; 1912A-723; 1918E-1153. Political rights, jurisdiction of equity to protect. 10-796; 1915C-989. Prohibition, issuance against council or ex- ecutive officer of municipal corpora- tion to prevent calling of election. 20-962. 4. Qualification of Voters. Conviction of crime denying right to vote to convicted person, what constitutes ELECTIONS Continued. within constitutional provision. 15- 103. Power of legislature to define qualifica- tions of voters. 7-665. Kegistration or enrolment, change by voter. 1917A-1278. Residence of voters as synonymous with domicile. 1915C-792, 8O4. school or public institution, right to vote as affected by residence at. 1917C- 403. Soldier or sailor in actual service, right to vote. 1917B-485. Women, fact that woman is entitled to vote at municipal elections, etc., as constituting her elector. 1912C-974. -"validity of statute giving women right to vote. 1915A-802. 5. Notice of Election. "About," meaning with reference to desig- nation of number of inhabitants in notice of election. 1918D-706. Bond issue election notice, necessity of compliance with statutory require- ments as to notice of election. 18- 1137. Primary election, effect of failure to give notice of vacancy to be filled. 1914C- 598. Vacancy to be filled at election, effect of failure to give notice of. 1914C- 595. 6. Nomination of Candidates. Certificate of nomination, filing, delivery to officer when not at office as "filing"' thereof. 18-252. signature by one person of plural certifi- cates of nomination for same office, effect. 1914C-893. time of filing certificate, construction of provision in election or primary law with respect to. 1914A-1135. Irregular or fraudulent nomination as in- validating election. 7-839. Withdrawal of candidacy for public office. 191SE-362. 298 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ELECTIONS Continued. 7. Conduct of Election. Assistance of voter. 1912B-109. Closing polls, validity of ballot cast after time therefor. 1913B-166; 1916E- 1006. Irregularity, effect on ballots cast at elec- tion of official irregularity. 12- 722 j 1912A-171; 1915A-1008. Marking ballot, kind of mark for candi- date as affecting validity of ballot. 1918A-1131, 1160, 1165. place of marking for candidate, validity of ballot with respect to. 20-672; 1912E-657. Names of candidates, number of times name may appear on official ballot. 3-796; 4-145; 1913B-177. Officers less than required number to con- duct election, validity of election. 1912D-149. Place of holding, effect of holding election at other than regularly appointed place. 17-1090; 1914I>-550. "near," meaning of word as applied to location of place of holding election. 1913D-121. one voting place for whole municipality instead of by wards and precincts, va- lidity of election held. 1915C-648; 1916C-398. Polling place, arrangement of voting rooms or booths, effect of failure to- comply with statute. 1916E-917. Propositions submitted to voters of munici- pality, necessity of stating singly. 2-369; 12-851; 1912D-319. Rejection of votes offered, power of elec- tion officers with respect to. 1913D- 1245. Voting machines, use at elections. 2-840; 5-864; 9-275; 12-474. 8. Result of Election. Blank ballots cast, effect. 3-70; 1916B- 121. Canvass of votes, irregular canvass of re- turns, effect on election. 1916A-710. Majority or other proportion of votes, con- struction of constitution or statutory requirement that proposition be de- cided by. 13-416; 1912D-949. ELECTIONS Continued. Minority candidate, right to office for which ineligible or deceased candidate received highest number of votes. 2 485; 11-118; 1915B-518; 1918B-983. Private person, right by mandamus to en- force public right or duty relating to election. 11-419. Kecanvass of votes, mandamus to compel board of canvassers to reassemble for purpose. 2-553; 1912C-1257. necessity of preliminary evidence to im- peach returns before court will order recount of votes cast. 1915A-685. Registration, failure to comply with law, effect on validity of votes cast. 1916E-408. .Rejection of entire vote of district for ir- regularity affecting indeterminable number of votes. 1918A-41, 69, 73. Tie vote in election. 17-574. primary election, effect of tie vote. 1913E-745. Wrongfully depriving electors of right to vote, effect on election. 1917E-475. 9. Contested Elections. Death of contestant before judgment, effect. 1913D-1291. Discontinuance or withdrawal from eon- test, right of plaintiff or one or more of several plaintiffs. 1913B-215. quity jurisdiction of election contests. 1912C-691. Estoppel of voter to question validity of election by participating therein. 13-1136. * Evidence, ballots as admissible to impeach election returns. 1912B-682; 1916B- 490. circumstantial evidence to prove for whom illegal ballots were cast, com- petency. 1912C-522. declaration of voter as to how he voted, admissibility in evidence. 15-243. intention of voter, admissibility of voter's testimony. 1912A-296. testimony as to how illegal voter voted at election, right to compel him to give. 1912A-728. Injunction against incumbent performing duties of office pending contest, right of contestant. 16-1052. ELECTRIC BELLS ELE'CTRICITY. 299 ELECTIONS Continued. Jury trial, right to in election contest. 1913C-161. Resignation of contestee as defense to pro- ceedings. 1912D-265. Statutory remedy for contest of election as exclusive. 1913E-982; 1914D-274. 10. Offenses Against Election Laws. Bribery by candidate, promise to do certain things after election as constituting bribery of electors. 11-566 j 1918 A- 888. Electioneering near polls, criminal liability. 1-145. "Knowingly" voting or registering ille- gally. 1912A-436. Officer disclosing contents of ballot, crimi- nal liability. 1912C-515. ELECTRIC BELLS. Presence of electric bell at railroad cross- ing as excusing traveler from looking and listening. 1918D-388. ELECTRIC CARS. Evidence of ownership, name on car as. 1915D-353. ELECTRIC COMPANIES. See Electricity. ELECTRICIANS. State or municipal regulation. 1916E-694. ELECTRICITY. 1. In General 2. Electric Companies. A. CONSTRUCTION OF LINES. B. KATES AND SERVICE. 3. Injuries from Operation, 1. In General. Independent contractor, person employed in electric work. 1918C-655. Individual's right to engage in business of generating and selling electricity. 1914C-938. ELECTRICITY Continued. Interference with wires in use of streets for moving buildings. 1917C-79. Larceny of electricity. 6-739. "Manufacturer," electric light or power company as. 7-726; 1913C-718. Municipal corporation, power to construct or purchase. 1916B-523; 1918A-259. Plant or accessories as fixtures. 1917B- 183. meaning of plant as applied to electric lighting system. 1917A-321. Poles and wires as personalty or realty. 9-1192. revocation or expiration of right of elec- tric company to maintain in street. 1917E-525, 539, 557. Power-house of electric light or power com- pany as nuisance. 8567. Quasi-public corporation, electric light company as. 18-1065. Railroad, right to use electricity as motive power. 5-53. Taxation of rolling stock of electric rail- way, situs for purpose. 10-355. [Water to generate electric power, right of riparian owner to use. 17-1226. 2. Electric Companies. A. CONSTRUCTION OF LINES. Eminent domain, danger of injury to per- son or livestock as element of damage to land by construction of electric power line. 1915A-1255. * trees near right of way of electric com- pany, condemnation of right to cut or remove. 1914C-271. use for purpose of electric light or power company as public use for which prop- erty may be taken. 5-531; 7-750; 14- 904; 21-364; 1912D-1004. Poles, acquirement by prescription of right to maintain. 1916E-981. * use of force in aid of right to set tele- graph, telephone or electric pole on land. 1913E-476. Trees of abutting owner, liability for in- jury to. 2-642; 12-251. Wires above premises, unauthorized string- ing, remedy of land owner. 9-860. close proximity of wires, power of public service commission to prevent main- tenance. 1918B-847. 300 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ELECTRICITY Continued. B. BATES AND SERVICE. Advance charges for service, right to re- quire payment. 1914D-119. Discrimination in service, duty of electric light company to furnish without dis- crimination. 1914B-26. Lamps or other fixtures to be furnished free of charge to consumers, validity of statute or ordinance requiring. 1913A-62. Light furnished to tenant or former owner, validity of statute, ordinance or regu- lation making owner of premises liable. 7-1017; 11-241. Minimum charge for service, right of electric light or power company to make. 1914D-456. Bates fixed by city, right of city to object to change by state or public service commission. 1913D-89. municipal regulation of rates of elec- tric company. 1915D-473. Bules and regulations, reasonableness as question of law or fact. 3-715. 3. Injuries from Operation. Atmospheric electricity, liability for dis- charge from wire injuring person not in contact. 1912A-252. Charging wire of other company or person, liability for injuries resulting. 16- 1194; 1918C-916. Children, duty and liability of one main- taining wires in reference to. 10-925; 21-1096;. 1917A-895. Discharge of electricity from wire injuring person not actually coming in contact therewith, liability for. 1912A-251. Fire caused by wires transmitting elec- tricity from lightning, liability of telephone or other electric company. 1914B-1031. Induction, conduction and electrolysis. 1916A-135; 1916E-199. Injuries to person on premises to which electric company supplies current, liability as based on negligence or breach of contract. 17-1046. Inside wiring, liability of company for de- fects. 1917A-1175; 1917C-862. Master and servant, assumption of risk, applicability of doctrine to lineman. 15-598; 19i2B-467. ELECTRICITY Continued. fellow-servants, lineman as fellow-ser- vant of employee in power-house. 17- 467. warning and instruction to employee of electric company, duty of master as delegable. 11-107. Municipal liability for fall of pole or wire of public service corporation. 1913E- 379. operation of electric light plant, liability for negligence. 9-851; 1912B-817; 1915D-753; 1916C-1257. Private property, electric appliances in- juring person, doctrine of res ipsa loquitur as applicable. 1913A-1184; 1917C-862. Bailways, crossing tracks of electric com- pany, difference in degree of care re- quired of person in city and country districts. 10-336. electricity as motive power, degree of care required in use. 3-258; 21-749. Strange phenomena, withdrawal of testi- mony from consideration of jury. 15- 1191; 1917B-477. Street railway communicating from track (not third rail), liability for injury caused. 1915B-708. Stringing electric wires above ground as negligence. 9-751. Telephone company, injuries to person using telephone, liability of company. 21- 1009. Traveler coming in contact with live wire, liability of one maintaining wires in highway for injuries. 4-709; 1913D- 912. Wires, close proximity maintained to those of another company, liability for in- jury to employee of latter company. 1918D-4, 63. maintenance over private property as distinguished from public highway, liability for injuries received by adult coming in contact with. 21-374; 1918C-594. ELECTRIC SHOCK. Injury resulting from, excessiveness or in- adequacy of verdict. 16-47; 1916B- 409. ELECTROLYSIS EMBEZZLEMENT. 301 ELECTROLYSIS. InjuD.cti.ve relief against. 1916A-136. ^Regulation, power of public utilities com- missioner. 1916E-199. ELEEMOSYNARY CORPO- RATION. See Charities. Dissolution, disposition of realty. 1012. 1913A- ELEVATED RAILWAYS. Additional servitude upon highways as arising from construction of elevated railroad. 2-535. Passengers, when intending passenger ac- tually becomes such. 9-1104; 1917C- 1211.' Safe place for boarding and alighting from cars, duty to provide. 9-855. Sparks or fire injuring person other than passenger, liability. 1918E-821. "Street railway" as including railway above street. 19-260. ELEVATORS Continued. Safeguarding, failure as actionable wrong under statutes not for plaintiff's bene- fit. 9-430. Trespasser, liability of proprietor for in- jury by elevator. 1912D-433. Unguarded shaft, liability of proprietor of store for injury to customer falling therein. 1913C-568; 1918E-319. Use contrary to orders or specific prohibi- tion, liability of proprietor to one using. 13-10S9. "Well insufficiently lighted, liability of master for injuries to servant. 20-9. Workmen's Compensation Act as applica- ble to operators of freight and pas- senger elevators. 1917D-16, 29, 39. * injury in elevator as accident in course of employment. 1918B-805, 813. ELKS, ORDER OF. Elks lodge or body as charitable institu- tion. 1914C-958; 1916E-786. EMANCIPATION. See Parent and Child. ELEVATORS. Carriers, proprietor of elevator as carrier of passengers. 1914B-373. Contributory negligence precluding recov- ery for injury by fall clown shaft by intending passenger. 1914C-578. Fall of elevator as presumptive negligence on part of owner or operator. 8-976. Independent contractor, person engaged in repair or installation. 19-23; 1918C- 655. Injury to person other than passenger, liability of proprietor. 1912D-531; 1915B-572. Manufacturer or vendor, liability to third persons for negligence in construction. 1-756. Master and servant, employee carried out of hours of service as sustaining rela- tion of passenger. 1915C-271. warning and instruction to employee re- specting operation, duty of master as delegable. 11-107. Passenger elevator, what is. 1915B-1127. EMBALMERS. Statutory regulation. 18-477; 1913A- 1252. EMBANKMENTS. Eight of riparian owner to embank against overflow from stream to in- jury of other proprietors. 4-718. EMBEZZLEMENT. 1. In General. 2. Indictments. 3. Evidence. I. In General. Agency, misappropriation of funds by agent for both borrower and lender, who bears loss. 1913C-468. Bank notes as money. 4-630. "By virtue of employment or office," con- struction of phrase in embezzlement statute. 15-443. 302 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EMBEZZLEMENT Continued. Conversion by agent of funds of which ho is entitled to percentage as constitut- ing. 15-1227. Decoy letter as subject of, under postal laws. 4-878. Estoppel, application of doctrine in em- bezzlement cases. 3-844. Fidelity insurance, what constitutes em- bezzlement by employee. 1917C-427, 49, 450, 453. Husband and wife, embezzlement between. 21-127. Larceny and embezzlement, distinction between. 13-882. Libel and slander, justification of charge of embezzlement, necessity that be of precise charge. 1918C-1135. wrongful charge of embezzlement, ex- cessiveness of verdict. 1913B-701, 707. Malicious prosecution on charge of em- bezzlement, excessiveness or inade- quacy of verdict. 1916C-257. Partnership or unincorporated association, embezzlement by member. 14724. Restoration of property or settlement or offer to settle with owner as defense to prosecution. 1916C-67. 2. Indictments. Demand and refusal to pay, necessity of al- legation in indictment. 15-575; 1914D-318. Fiduciary relation, sufficiency of indict- ment with respect t<> allegations. 1912C-903. Form of indictment, construction of stat- ute prescribing. 1918C-558, 569. Money, necessity of allegation of value in indictment for embezzlement. 13-554. Ownership by private corporation, com- pany, association or society, suffi- ciency of indictment with reference to allegations of ownership. 18-343. Public or corporate officer, sufficiency of in- dictment with respect to description of property embezzled by. 21-72. 3. Evidence. Corpus delicti, proof in prosecutor. 17-630. Financial condition of defendant, admissi- bility of evidence. 6-349. Other offenses and similar acts, proof in prosecution for embezzlement. 11- 816. EMBLEMENTS. See Crops. EMBLEMS. Society emblem, wearing by one not a member, validity of statute making it offense. 21-1037. EMBRACERY. Dissuading witness from testifying, at- tempt made in good faith as criminal offense. 13-579. EMERGENCY. Automobile accident at railroad crossing, act of driver in emergency as affect- ing question of negligence. 1913B- 684; 1915B-769. Compromise of client's cause of action by attorney as warranted by. 21-583. Contributory negligence, act in emergency as exonerating from charge. 1914D- 1217. Hours of service under prohibition of fed- eral act, emergency as excusing ex- cessive hours. 1915D-466; 1918C-811. Medical attendance on pauper in emer- gency as rendering municipality liable. 1916D-186. Railroad, damage resulting from its act in emergency, liability to land owner. 1915D-1105. Workmen's compensation, injury arising from act in emergency as accident in course of employment. 1913C-16. EMERGENCY BRAKES. Application causing injury to passenger, liability of carrier. 1915C-764. EMERGENCY CLAUSE. Initiative and referendum statutes, con- struction with reference to emergency clauses. 1916B-819; 1917E-985. EMERY-WHEEL. Bursting as rendering master liable to servant injured. 1912B-1334. EMIGRANTS EMINENT DOMAIN. 303 EMIGRANTS. See Immigration. Statutory regulation of emigrant employ- ment agencies. 5-327. EMINENT DOMAIN. 1. In General. 2. Power to Take Property. 3. Purposes for Which Property Taken. 4. Damaging or Taking of Property. 5. Property Subject to Condemnation, 6. Condemnation Proceedings. 7. Rights and Title Acquired. 8. Compensation. A. PERSONS ENTITLED. B. INTERESTS FOR WHICH COMPENSA- TION AWARDED. C. MEASURE OF COMPENSATION. D. EVIDENCE. 9. Additional Servitudes. 1. In General. "Adjacent" in statute relating to con- demnation of land, meaning of term. 1913B-171. "Adjoining," meaning of term as used in statute relating to condemnation of land. 1913D-849. Conditional condemnation of property. 1917C-631. Conflicting condemnors, priority of right to land under law of eminent domain. 9-689. Constitutional provision that property shall not be taken or damaged without just compensation as self-executing. 7- 632; 18-201; 1914C-1118. Corporations, consolidation without assent of all stockholders by condemnation of stock. 19-1268. Devotion to public use within reasonable time, necessity in case of land appro- priated for such purpose. 1915B-993. Eviction of tenant, appropriation of prem- ises under power of eminent domain as constituting. 1912D-367. Height of buildings, limiting height as ex- ercise of right of eminent domain. 15-1052. EMINENT DOMAIN Continued. "Owner," term as including tenant for years in statute relating to eminent domain. 1912A-317. "Person" in statute as including foreign corporation. 20-748; 1914A-1310. Eeversion of land taken under power of eminent domain when public use ceases. 19-155. Statutes relating to eminent domain, effect of partial invalidity of statute. 1916D-53. Street improvement made by city before dedication to or condemnation by city, validity. 1914B-208. 2. Power to Take Property. Another jurisdiction, exercise of power for use of. 1915D-1226. County, right to exercise power. 1913E- 1079. De facto corporation, right to exercise power. 9-594; 1913C-271; 1918C-1063. Delegation of power of eminent domain. 1-537. Electric light and power companies, power to exercise right. 5-531; 7-750, 1191; 14-904; 21-364; 1912D-1204. Foreign corporation, power to exercise right. 1915C-929. " : Municipal corporation, right to exercise power without legislative authority. 1912C-199. Telegraph or telephone company, power to condemn railroad right of way under state statute. 1917B-689, 705, 707. power of eminent domain of telegraph companies under act of Congress. 1- 533. United States, nature and extent of power to condemn land. 1918E-39. 3. Purposes for Which Property Taken. Dam and reservoir constructed for pur- pose of regulating flow of river as public use. 1915A-1111. Drainage of land as public use within law of eminent domain. 20-272. Irrigation as public use or benefit. 1- 304; 4-1174. Libraries, condemnation of land for pub- lic library. 1918E-122. 304 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EMINENT DOMAIN Continued. Private use, condemnation of property for. 1-188. Public use, what constitutes, for which property may be taken. 2-50; 3- 1113; 4-1175; 14-903; 1912D-1002; 1918A-203. Railroad branch line as public use jus- tifying condemnation. 1914C-648. Spur-track, municipality's right to con- demn land for construction of track to connect municipal works with rail- road. 1912B-382. railroad's right to condemn land for spur to private establishment. 7-835; 13-1012; 1912D-234. Water-power for mills and manufac- tories, taking or damaging land to create. 4-992; 10-1060. 4. Damaging or Taking of Property. Consequential damages to property from proper exercise of governmental powers as taking for public use. 4-1185. Depriving public property of use for which it was intended as taking without due process of law. 1915B- 1139. Quantity and location of property to be taken, discretion allowed to grantee of power of eminent domain. 2-946; 7-339; 1912C-1118. 5. Property Subject to Condemnation. Parks and squares as subject to exercise of right for railroad purposes. 21- 691. Public lands, state or federal, as subject to condemnation under power. 15 488. Railroad property, right of municipality to condemn for municipal purposes. 1913E-163. School or other public lands, power of legislature to authorize appropriation for irrigation purposes. 1914B-338. Trees near right of way, power of elec- .tric company to condemn right to cut or remove. 1914C-271. Water apart from land as subject to law of eminent domain. 13-72; 1914C-1037. EMINENT DOMAIN Continued. right of railroad company to condemn water over which its right of way is constructed. 1916E-1215. 6. Condemnation Proceedings. Appeal, appealable judgments and orders. 16-1004; 1915D-548. costs on appeal, liability of land owner. 1912C-533; 1916E-692; 1917E-262. who may appeal in eminent domain proceedings. 1914D-1139. Appearance and answer by defendant^ necessity for. 9-476. Award, amendment or correction of re- port of commissioners. 1915A-722. damages subsequently accruing as barred by award. 1915A-583. estoppel of land owner by acceptance of award. 1915D-821; 1917D-159. vacation on account of misconduct of commissioners. 20711. Collateral attack on proceeding. 1916C 40. Discontinuance of proceedings, at what stage. 1913E-1062; 1916B-1174; 1918D-948. return of condemnation money by land owner, necessity on abandonment of occupation by condemnor. 191 7C- 1136. Estoppel to attack validity of eminent domain statute by instituting pro- ceedings thereunder. 1915B-1049. Exclusiveness of statutory remedy for damages for taking of property by eminent domain. 14-1150. Instructions as to fixing value of prop- erty taken or damaged. 3-302. Jurisdiction of proceedings conferred on public service commission or other body, validity of statute. 1916C- 420; 1917C-120. Jury in condemnation proceedings, right to trial by. 18-680. interest or bias sufficient to disqualify juror. 5-923. Limitation of actions, property appro- priated without making compensa- tion, time to bring action to recover for. 1913E-1139. Necessary expenses of owner in establish- ing value of property taken, what constitute. 1918D-924. EMINENT DOMAIN. 305 EMINENT DOMAIN Continued. Notice to land owner, necessity with re- spect to assessment of damages in condemnation proceedings. 4-903. proceedings to condemn (as distin- guished from proceedings to fix com- pensation), validity of statute which fails to provide for notice. 1913A 1256. Open and close, right where only issue is amount plaintiff is entitled to re- cover. 1916D-960. Pendency of suit for damages -for un- lawful entry on land as bar to con- demnation proceedings. 1913D-601. Public character of use, right of defend- ant in condemnation proceedings to question. 2-133. Venue of condemnation proceeding? as to land located in more than one county. 19-984. 7. Eights and Title Acquired. Color of title to land claimed by adverse possession as furnished by condemna- tion proceedings. 19-402; 1915D-299. Dower, right in land condemned by rail- road. 21-491. Easement or fee, interest in land ac- quired by condemnation as constitut- ing. 20-568; 1918A-806. 8. Compensation. A. PERSONS ENTITLED. Change of street grade, abutting owner's right to damages where he improves property after grade is established. 1916D-1143. joinder in petition for change as waiver of or estoppel to claim com- pensation. 20-876. liability of municipality in absence of statute allowing compensation, but under constitutional provision against damaging property. 10-849. Decedent's estate, right as between heir or devisee and executor or adminis- trator to condemnation money. 1912C-595. Gas and water companies, interference with pipes by municipality in mak- ing public improvement as entitling to compensation. 6-392. Index to Notes 20 EMINENT DOMAIN Continued. Grantor and grantee, right between as to compensation where land is con- veyed pending condemnation pro- ceedings. 1915A-732. Judicial sale of land pending condemna- tion proceedings, person entitled to compensation. 1915A-736. Lessor and lessee, right between as to compensation for property taken. 4-1011; 15-714. Mortgagee, right to award in condemna- tion proceedings. 4-944. Public lavatory, construction in street as entitling abutting owner to compen- sation. 1918D-906. Purchaser of land on which railroad right, of way has been constructed, right to recover compensation. 1912A- 1056. Eailroad laying tracks in street without paying dr securing compensation, right of abutting owner to enjoin. 1913E-874. Vendee under contract of sale of land, right to compensation where lahd is condemned. 1912A-456. Voluntary discontinuance of proceedings, right of land owner to damages. 8-734; 1912B-944; 1916D-723; 1916E- 991. [Waiver by land owner of right to com- pensation for property taken. 8- 855. B. INTERESTS FOR WHICH COMPENSATION AWARDED. Building restriction or restrictive agree- ment as binding public or public service corporation to payment of compensation. 1918B-591. Destruction of building by public au- thorities, right to compensation. 1913C-599. Improvements placed on land after in- stitution of condemnation proceed- ings, right of land owner to com- pensation. 17-1033. condemnor's improvements with au- thority or color thereof, right of con- demnee to recover value. 1917C- 141. without authority in condemnor, right of condemnee to compensation. 6 382; 13-980; 1912A-244. J06 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EMINENT DOMAIN Continued. Personal property, injury to br expense of removing from premises, recovery of damages in condemnation proceed- ings. 8-696; 16-787; 1918B-886. Prescriptive right to pollute watercourse as subject to condemnation. 3-25. Private right of way, right to compen- sation for taking. 19-681. Kailroads, crossing railroad tracks by railroad constructed upon street or highway, right of railroad to com- pensation. 14-216. laying out street across railroad right of way, damage recoverable by rail- road. 15-14. Eoad constructed by railroad to land through which it has acquired right of way, liability of railroad for dam- ages. 19-335. Switch connections with railroad, de- privation by change of street or rail- road grade as entitling to damages. 1914C-273. Telegraph company's interest acquired in railroad's right of way, compen- sation for. 1-741. Telephone company's interest acquired in railroad right of way, compen- sation for. 20-723. C. MEASURE OP COMPENSATION'. Availability of stream on land as source of water supply as element of value. 1912C-1238; 1916E-886. Contingent advantage to owner as ele- ment of compensation. 1914B-512. Danger of injury to persons or livestock as element of damage to lan-i by construction of electric power line. 1915A-1255; 1917C-884. railroad construction as involving same element of damage. 11-697; 19-929. Deduction of benefits in assessing dam- ages for land taken in condemnation proceedings. 13-603; 19-859; 1914B- 478. Fixtures, value as element of damages sustained by appropriation of prop- erty. 1916C-780. Interest as part of compensation, right to. 15-108. Loss of profits or injury to business as element of damages. 1918B-869. EMINENT DOMAIN Continued. Mineral lands, measure of damages for appropriation. .2-966. Time with reference to which value of property taken is to be estimated. 9-115. D. EVIDENCE. Testimony of witnesses, right of jury to disregard in eminent domain proceed- ings. 3-302. Value of property taken, admission or declaration of owner as to value, ad- missibility in evidence. 1912D-289. offer to purchase by third person as evidence of value. 5-971. other property for use in same enter- prise, price paid by condemnor as evidence of value. 20-695; 1914A- 375; 1917E-1103. similar property, price paid by other than condemnor, admissibility as evidence of value. 1913D-581; 1916E-598. View of premises, impressions made on minds of jurors as evidence in con- demnation proceedings. 10-665. 9. Additional Servitudes. Pipe-line as additional servitude upon rural highway. 9-1033. Street railway as additional servitude upon highway. 2-535; 21-1377; 1913C-408. Subway as additional servitude on street. 18-375; 1917A-124. Telegraph or telephone line upon city street as additional servitude. 2 155; 5-841; 8-956; 10-467. rural highway, construction on as ad- ditional servitude. 2-163; 8-956; li- 464. EMISSION. Adultery, emission as element of crime. 11-94. Carnal knowledge, necessity of emission to constitute. 11-93. Rape, emission as element of crime. 11 93. EMOTION. Irresistible impulse to crime produced by emotion as defense to charge. 1912A-40; 1917C-612. EMPLOYER AND EMPLOYEE EMPLOYMENT AGENCIES. 307 EMPLOYER AND EMPLOYEE. Bee Employers' Liability Acts; Labor Laws; Master and Servant; Work- men's Compensation. EMPLOYERS' LIABILITY ACT. Acceptance of benefits of relief depart- ment as affecting recovery under act. 1916A-783; 1918E-1193. Accident arising out of and in course of employment, what is within act. 1914D-1284. necessity that injured servant be act- ing in course of employment in order to recover under act. 1918A-1070. Assumption of risk under federal act. 1915B-481; 1916B-484; 1917D-922. Capacity in which suit must be instituted under federal act. 1914B-137. Common and statutory law on same subject as superseded by federal act. 1915B-493; 1916B-484; 1918E-502. Comparison of negligence under federal act. 1914C-175. Damages recoverable under federal act. 1914C-181; 1915D-319. Death by wrongful act, burden of proof as to interstate character of employ- ment under federal act. 1916D-232. simultaneousness of death and injury as affecting action by survivors of injured person. 1915C-614. Election between federal and state stat- ute or common law, necessity. 1917A-1270; 1917E-297. Employees entitled to protection under federal act. 1914C-164; 1915D-319; 1916D-232; 1916E-472; 1918B-55, 70. Exemption of certain employments from operation of act, validity of statute. 1914D-404; 1916D-268. Federal act, validity of. 17-331. Fellow-servant doctrine, constitutionality of statute abrogating. 10-1113; 1916D-268. Health or safety of employees, consti- tutionality of statutes providing for. 2-780. Implied repeal of statutes by state Em- ployers' Liability Act. 1916E-773. Jurisdiction of action under federal act. 1916B-155. EMPLOYERS' LIABILITY ACT Con- tinued. Limitation of actions, construction of provision of state act limiting time for commencement of action. 15 491. ' death by wrongful act, running of stat- ute against action under federal act. 17-520. federal act, limitation of action under. 1914C-1028. Notice of injury to be given employer, construction of provision requiring. 15-292; 1912B-326; 1913D-835. "Plant," meaning of term as used in act. 1917A-324. Pleading federal employers' act. 1914C- 171; 1917E-297. Practice under federal act, law govern- ing. 1916B-255. Eelation of employer and employee, ex- istence under federal act. 1918B-46. Eight of action under federal act as sufficient property right to warrant grant of administration. 1917C-1221. Scaffolding as part of "ways, works, plant or machinery," within meaning of act. 18-612; 1913B-1125. Sliding rock or earth in trench, quarry or excavation, master's liability to servant for 'injury from as within act. 21-717. State as employer, liability within act. 1914B-889. Statutes, partial invalidity of statute, effect. 1916D-69. Verdict by less than whole number of jurors in action under federal stat- ute. 1916E-504, 508. EMPLOYERS' LIABILITY INSUR- ANCE. See Insurance. EMPLOYMENT. Distinction between office and employ-* ment. 17-451; 1917D-319. EMPLOYMENT AGENCIES. Furnishing workmen during strike, va- lidity of statute prohibiting. 1-939. 308 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. EMPLOYMENT AGENCIES Continued. Statutory regulation. 5-326; 1914B-739; 1917C-523; 1917D-684, 984. "Trade," employment agent as engaged in. 1916A-1199. EMPTY CAR. Term "car" in statute as including. 1914D-47. ENACTING CLAUSE. Form required by constitutional provision as directory or mandatory. 14-813. Omission, effect upon validity of statute. 1916A-520. ENCROACHMENT. Overhanging eaves, remedy of owner of land. 4-343. Poles of telegraph or telephone lines on property, right of 'owner to cut down. 14-579. ENEMY PROPERTY. Powers and duties of custodian. 1918C- 713, 741. ENGAGED CHIEFLY IN FARMING. Meaning of phrase within bankruptcy law. 16-511. Ground for discharge of servant by mas- ter. 1916A-1032. ENGINEERS. Decision of engineer under working con- tract, conclusiveness. 1913A-180. Eailway engineer and trainman or brake- man as fellow-servants. 13-1107. Stationary engineers, validity and con- struction of statute or ordinance licensing or otherwise regulating. 1915A-1017. Workmen's Compensation Act as applica- ble to engineering work. 1917D-16. ENCUMBRANCES. See Incumbrances. END End of will. 2-730; 11-1013; 1913C-845. ENGINES. See Fires. Insurance on boilers. 1915A-651. License to operate engines. 1915D-847. ENDLESS CHAIN CONTRACTS. ENGLISH STATUTES AND DECISIONS. Validity of "endless chain" contract. Common law as including. 1913A-1222; 1918D-476. 1918A-969. ENDOWMENT INSUR- ANCE. Validity of contract. 1915C-948. ENEMIES. Adherence to enemies, what constitutes within law of treason. 1917D-479. Expatriated person as alien enemy. 1916D-306. Rights and liabilities of alien enemies. 1917C-189; 1918C-709, 741. ENLISTMENT. Bail bond, enlistment of principal in military or naval service as dis- charge of surety. -616. Infant unlawfully enlisted, right to re- lease from detention by military or naval authorities. 16-129; 191 7C- 778. validity of enlistment of minor in state military service without consent of parents. 1913C-1273. Militia enlistment as contract. 1917B- 244. EX MASSE EQUAL RIGHTS. 309 EN MASSE. Judicial or sheriff's sale of property in parcels or en masse. 1913B-619. ENTERTAINMENTS. See Theaters and Amusements. Appropriation of money for celebrations and entertainments, power of munici- pality. 11-976. ENTICING AWAY CHILD. Bight of father to maintain civil action for damages. 1914A-896. ENTRIES. Bible entries as evidence. 1915B-377. Field-book entries of deceased surveyor, admissibility in evidence. 1917E- 675. ENTRY. See Forcible Entry and Detainer. ENUMERATION. School census of children of school age made by proper authorities, conclu- siveness. 1913B-1270. ENTICING LABORER. Malicious prosecution for statutory of- fense, excessivenesa or inadequacy of verdict. 1916C-261. ENTIRE CONTRACTS. Parol contract partly within statute of frauds, validity and enforceability. 8-960; 10-509; 1918E-498. ENTIRETY. Abrogation of estates by entireties. 2 559; 20-196. Claims of creditors of one spouse, estate as subject to. 12-53; 1912C-1242. Creation of tenancy by entirety, suffi- ciency of deed. 1912C-927. Divorce, effect on rights of tenants by entirety. 5-536; 9-139. "Freeholder," tenant by entirety as. 1913D-329. Mechanic's lien for work performed under contract with one spouse only, estate as subject to. 11-87. Murder of one spouse by the other, effect upon estate. 11-907. Partition of estate, right of one spouse to maintain action. 1913E-888. Profits, crops and usufruct of estate, wife's right. 4-1101. EN VENTRE SA MERE. Eemainders, destruction of contingent re- mainder as affecting unborn child. 1917A-907, 914. Testamentary gifts, conveyances and dis- tribution of estates as including child en ventre sa mere. 7-134; 12-200; 1916E-1034. EPIDEMICS. Public physician, right to recover extra compensation for services. 1915D- 1196. EPILEPSY. Concealment as ground for annulment of marriage. 12-28. Death by accident in falling in a fit as proximately due to accident or ill- ness. 2-734. Epileptic insanity in criminal cases. 18- 428. Injuries resulting in epilepsy, excessive- ness or adequacy of verdict. 16-46; 1913A-1380; 1916B-409. Workmen's compensation, injury during fit as accident arising out of and in course of employment. 1913C-9; 1918B-788, 797. ENTRANCES. Place of sale of intoxicating liquor, validity and construction of statute or ordinance regulating entrances. 1916B-1021. EQUAL PROTECTION OF LAW. See Constitutional Law. EQUAL RIGHTS. See Civil Eights. 310 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 191SE, EQUIPMENT. Automobiles, municipal regulation with respect to. 1916E-1047. Meaning of term "equip" or "equipment." 1913B-198. Railroads, safety and adequacy of equip- ment as enforceable by mandamus. 12-369. Receiver's certificates, issuance to pur- chase equipment. 1913C-49. EQUITABLE ASSIGN- MENTS. Ordinary bank check as assignment of funds of drawer. 5-189; 1913D-418. EQUITABLE CONVER- SION. Inheritance tax, equitable conversion of realty into personalty under will as affecting situs for taxation. 1915A 172. Insane persons, proceeds of sale of luna- tic's realty as realty or personalty. 1915A-158. Optional purchase of land, application of doctrine. 1913B-67. Partnership realty, equitable conversion into personalty. 1918E-1189. Time of conversion of realty ordered sold by court. 1912A-509. Vendor and purchaser, doctrine as ap- plicable where vendor dies before carrying out contract for sale of realty. 1914D-419. Will directing sale of land at future time, when equitable conversion takes place. 17-643; 1915D-434; 1918B-432. EQUITABLE ELECTION. Conflict of laws, effect in another juris- diction of election made with respect to will. 1914A-146. Conversion directed by testator, right of widow to benefit by when she elects to take against will. 17-160. Death of widow within time for making election between dower and other in- terest, effect. 5-82. EQUITABLE ELECTION Continued. Husband's election to take under wife's will, sufficiency of acts to constitute. 1916C-1204. Intestate property, election by widow to take under will as affecting her right to. 1918B-986. Manner of exercise by another, right to control. 10-828. Parol evidence, admissibility on issue of necessity of equitable election under will. 1915B-56. Personal representative of husband, right to exercise election under wife's will. 1912B-529. Eenunciation of will by widow, effect on rights of other legatees or de- visees. 1913E-416; 1918C-412. Widow qualifying and acting as ex- ecutrix, effect upon right of election under will. 4-1037; 6-336. EQUITABLE ESTOPPEL. See Estoppel. EQUITABLE INTERESTS. Attachment, equitable interest in person- alty as subject. 11-669. real property, equitable interest as sub- ject to attachment. 1916C-786. Bona fide purchase doctrine as applicable. 1918C-455, 474, 477. Injunction against execution sale of per- sonalty, right of one having equitable interest. 1918C-210. EQUITABLE MORTGAGES. Absolute deed as mortgage, construction in favor of third person. 1917C-970. Lapse of time as affecting right to have deed declared mortgage. 1914B-354; 1918C-755. EQUITABLE TITLE. Fire insurance, possession of equitable title only as satisfying requirement in policy of sole and unconditional ownership. 1918C-136. Quieting title, right of holder of equitable title to maintain action against holder of legal title. 1913B-89. EQUITY. 311 EQUITY. 1. Jurisdiction. 2. Laches. 3. Pleading. 4. Practice. See Accounting; Bills of Review; Discov- ery; Equitable Conversion; Fraud; In- junctions; Judgments; Mistake; Mort- gages; Quieting Title; Receivers; Re- scission, Cancellation and Reforma- tion; Specific Performance. 1. Jurisdiction. Adequate remedy at law, cancellation of instrument procured by fraud, juris- diction of equity. 8-548. fraud, equitable jurisdiction notwith- standing adequate legal remedy. 3- 611. Alimony, inherent power to decree ali- mony or maintenance to wife in- dependently of divorce proceedings. 1913D-1134. Assignment, partial assignment of claim or demand founded on contract, recov- ery thereon in equity. 1912A-675. Beneficial association, jurisdiction of equity to enforce change of benefi- ciary for valuable consideration not- withstanding noncompliance with reg- ulations. 1914D-1135. Boundaries, jurisdiction of equity to de- termine lines. 11-1127; 1915A-354. Cemetery as nuisance, equitable relief against. 5-136; 20-794. Contracts, mistake due to negligence, re- lief against contract on account of. 5-214; 11-1164. profits arising from illegal contract, whether court of equity will lend its aid to division. 1913E-142. Corporations, equitable jurisdiction of suits by corporations or receivers against directors or officers for negli- gence or wrongful acts. 7-1121. inspection of corporate books by stock- holder, remedy in equity to enforce. 19-313. lien on corporate stock as foreclosable in equity. 1912A-53. nonresident stockholders, jurisdiction to enforce liability. 2-29. EQUITY Continued. relief of stockholder as affected by ac- ceptance of benefits of ultra vires act. 6-126. * title to office in private corporation, bill in equity to determine. 4-707. Criminal prosecution, power of equity to enjoin. 1-121; 19-459. Dead bodies, contests over possession and control as matter of equity jurisdic- tion. 3-135; 1916D-331. Decedent's estate, creditor's bill to en- force payment of debt of decedent where no personal representative has been appointed in forum. 20-844. settlement of decedent's estates in equity. 2-870. Discovery, jurisdiction of court to enter- tain bill to discover names or iden- tity of parties against whom it is sought to institute action. 11-578. Election contest, equity jurisdiction. 1912C-691. Frauds, statute of, effect upon equitable power to reform contracts. 3-781; 18-919. Fraudulent conveyance as to creditor, whether equity will aid grantor to recover. 1913E-541. Gambling contracts, relief against. 1-154. Indemnity contract, right to equitable re- lief. 1913D-1156. Infants, estoppel of infant by misrepre- sentation of age. 4-536. lease or sale of realty of infant, power to decree. 1915A-563. sale of realty for education or mainten- ance when parents able to provide, power of court of equity. 1914B-276. Judgment entered against party through negligence or mistake of attorney, equitable relief. 10-447. procurement by perjured testimony, re- lief against. 3-83; 10-1107. Judicial sale, jurisdiction to correct mis- take in description of land sold. 11-85. Jurisdiction assumed for one purpose as retained for all purposes. 1912A-803. Landlord and tenant, forfeiture for non- payment of rent, equitable relief against. 1913A-828. Lost instruments, jurisdiction of action on. 1917A-1289. 312 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. EQUITY Continued. Marshaling assets in respect to homestead lands. 17-1061. Merger of estates as dependent upon in- tention of parties. 7-700. Mistake of law of foreign jurisdiction, right to equitable relief against. 1914C-1264. Multiplicity of actions as ground for tak- ing jurisdiction of several actions for damages on account of same tort. 16-694; 1914B-697; 1915B-452. New trial, denial in action at law, right to relief in equity. 21-1287. Partner carrying on business in competi- tion with firm, remedies of aggrieved partner. 1916E-994. Penalty for violation of liquor statutes aa recoverable in equity. 1916E-873. Political rights, jurisdiction to protect. 10-976; 1915C-989. Public officers, de facto officer forcibly dispossessed, right to equitable re- lief. 1913E-736. Eelease, respective jurisdictions of law and equity to avoid for fraud. 3-756. Restrictive covenants, change of circum- stances as warranting refusal by court of equity to enforce building restriction. 5-48. covenant not running with land, en- forcement against subpurchaser where covenantee has no interest in ad- joining land. 1916C-492. waiver of restrictive agreement as af- fecting right to enforce in equity. 1-603; 14-760; 1915B-147. Setoff, nonresidence as ground for equi- table setoff. 6-720; 19-1042. Taxation, relief on ground of nonverifica- tion of assessment-roll. 11-1122. tax collections as enforceable in equity. 7-22. Taxpayers, right to bill in equity in mat- ters of illegal disposal of public funds or property. 1913C-906. Usury, jurisdiction to grant affirmative relief against usurious contract. 2- 912. relief against usury, necessity that per- son seeking should do equity. 1914D- 1028. Vendor and purchaser, misrepresentation innocently made by vendor of realty as effecting his liability. 1913O63. EQUITY Continued. Virtual representation, equitable doctrine. 1913C-654. Waste, equitable remedy of contingent re- mainderman. 1912A-543. Way by necessity, jurisdiction to locate. 1916A-146. Wills, construction, jurisdiction of equity, 13-2. reformation of will, jurisdiction of equity. 15-141; 1917D-1157. setting aside for fraud, jurisdiction of equity. 18-807. 2. Laches. Accounting by personal representative, lapse of time as barring right to compel. 15-483. Breach of express covenant not to en- gage in same business, laches as bar- ring injunctive relief. 1916C-190. Contribution between partners as barred by laches. 1916D-838. Deed as mortgage, lapse of time as af- fecting right to have it so declared. 1914B-354. Ignorance of facts as affecting applicabil- ity of doctrine of laches. 19-110. Infringement of trademark or trade name, recovery of profits or damages as affected by laches. 18-461. Mandamus proceeding, applicability of laches. 9-846. Quo warranto proceedings, applicability of doctrine of laches. 1914C-488.- Special assessment, delay in moving against invalid assessment as laches. 1914A-893. Stale claims, enforcement in equity. 1914B-314. 3. Pleading. Admissions in answers as evidence against infant defendants. 4-403. Amendment of equity pleadings, general rules as to. 1-976. bill, amendment as necessitating service of new . answer. 1918A-218. filing amended bill after sustaining de- murrer to original as waiver of ob- jection. 19-307. EQUITY OF REDEMPTION ESCHEAT. 313 EQUITY Continued. Cross-bill, mechanics' lien foreclosure pro- ceedings, right to file cross-bill. 9- 228. Inconsistent defenses, right to plead in equity. 1917C-708. Interest allowance, necessity for demand in bill. 1912A-1226. Limitation statute as defense, necessity of pleading. 8-379. refusal by court of equity to entertain plea of statute of limitations. 4-148. Meritorious defense in equitable action to set aside judgment, necessity that plaintiff plead it. 1913E-124. Objection to overruling of demurrer as waived by filing other pleading. 1913B-388. 4. Practice. Appeal, costs inter partes, in equity case, review of allowance. 21-802. decree for costs only, review of. G- 100. oral evidence, mode of preserving for purpose of review. 1913A-529. statement of reasons, requirement in equity causes. 1914D-522. Consolidation of suits, effect as to judg- ments entered. 3-535. Demurrer to evidence, propriety. 1913A- 283. Dismissal of bill, complainant's right to dismiss without order of court. 5- 850. voluntary dismissal, right to. 1917A- 1185, 1195, 1196; 1918E-1186. Election of remedies as between law and equity. 1914B-1218. Exemplary damages, power of court of equity to award. 15-547. Intervention, right of contract creditors to intervene in equity. 3-1091. Jury, counterclaim in equitable action, right of defendant to jury trial. 1914C-852. equitable defense interposed in action at law, right to jury trial. 1913D- 168. Newly discovered evidence, forgotten facts as ground for bill of review. 17-319. EQUITY Continued. Nonsuit, appropriateness in equity cause. 5-211. Parties, new parties, right to bring in by cross-bill. 20-1151. Reference, right to order compulsory ref- / erence independently of statute. 1912D-113C. EQUITY OF REDEMPTION. See Mortgages. Devisability of equitable right to recon- veyance of land. 1912B-39. ERASURES. See Alteration of Instruments. ERECTION. Meaning of phrase "erection, repairing, altering or painting." 18-623. ERROR. See Appeal and Error; Coram Nobis. ESCAPE. Accused's failure to attempt as admissible in evidence. 5-311. "Crime" for conviction of which witness may be impeached. 1916A-276. Criminal liability as depending on law- fulness of imprisonment. 1912C-757. Flight of accused person admitted to bail, admissibility of evidence. 18-901. Person convicted of crime as affecting his proceedings for review. 3-512; 13- 497. Reconn'nement of recaptured criminal for remainder of sentence. 3-416. Voluntary escape, what constitutes, and liability for. 1913C-694. negligent as distinguished from vol- untary escape. 1913C-697. ESCHEAT. Bank deposits, escheat of. 1914B-157. Presumptions and burden of proof in proceedings to establish. 1913E-383. Property subject to escheat to state. 1912D-382. 314 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ESCROW. Actual contract between parties, necessity to constitute escrow. 1912B-1343. Condition upon which deed is delivered, necessity that it be in writing. 16 97. Deed deposited with third person to be delivered after grantor's death, ef- ficacy. 1915C-378, 385, 388. Delivery of instrument to agent of per- son to be benefited as constituting delivery in escrow. 19-250. wrongful delivery to person not en- titled to property, liability of escrow holder or depositary. 1915A-277. Instruments to which term may be ap- plied. 1916B-1030. Eelation back to first delivery of deed, application of doctrine to defeat inter- vening claims of creditors. 16-1132. "Stranger," meaning of term in law of escrow. 1912D-1190. Unauthorized delivery by escrow holder, effect on rights of parties. 1917E- 435, 458. ESPIONAGE. Validity of Espionage Act. 1918B-1011. ESTATES. See Curtesy; Deeds; Descent and Distribu- tion; Dower; Entirety; Estates Tail; Executors and Administrators; Life Estates; Taxation; Tenants in Com- mon; Wills. Ancestral or nonancestral estate, char- acter as determined by legal or equitable title. 1914C-407. conditional estate, words merely de- claratory of purpose or consideration of conveyance or devise as creative. 3-38; 12-227; 1916B-606. Cotenancy, nature of estate resulting from creation. 1917B-57. Devise with limitation over in case of marriage as conveying determinate life estate or ^terminable feq. 1915B-1238. "Interest," term as denoting estate when used with respect to transfer of property right. 1912B-524. ESTATES Continued. Life estate with absolute . power of dis- position, character of estate created by grant or devise. 9-947; 1916D- 400. Merger of estates as dependent upon in- tention of parties. 7-700. easement of light, merger as affecting. 12-303. ground rents as extinguished by mer- ger. 8-996. life tenant also trustee of property, merger of estates. 1917A-320. Present estate conveyed to grantee not in existence, validity and effect. 18- 871; 1916D-864. deed to become effective upon death of grantor as passing present or future interest. 1916D-997. Railroad, nature of estate in land pur- chased for right of way. 13-432. Severance of surface and mineral estates, resulting rights of mine owner. 1913B-1106. Testamentary gift of "estate" as re- stricted to personalty. 3-420. Vesting of estate, computation of time, "from" as word of inclusion or ex- clusion. 15-59; 1918A-927. Water-power grant, nature of estate. 1916D-1018. ESTATES-TAIL. Adverse possession against tenant in tail as barring recovery by issue in tail and tenant in tail. 1912B-61. Barring or defeating in American juris- dictions. 1912B-56. Descent and distribution, effect of statute regulating descents. 1912B-59. Devise over, character of estate created. 7-955. effect of devise limited upon indefinite failure of issue. 6-648. ESTHETICS. Municipal regulation of billboards and signs grounded on esthetic consid- erations. 1913D-959. ESTIMATED REVENUE ESTOPPEL. 315 ESTIMATED REVENUE. Legal meaning of term. 1918B-206. ESTIMATES. Actual measurement and estimate, com- parative weight. 1916C-573. Architect's estimate of cost, liability for error. 1915C-874. compensation as dependent on. estimate of cost of structure. 16-985; 1915C- 878. Meaning of term "estimate," "estimated," "estimation." 1913B-850. Measurements by nonexpert as basis of estimate, admissibility in evidence. 18-1175. ESTOPPEL. 1. By Deed. 2. In Pais or Equitable Estoppel. 3. Jurisdiction and Procedure. 1. By Deed. Executors and administrators, conveyance by personal representative, as such, of property of estate as estopping him to claim individual interest therein. 20-76. Grantee or privies, estoppel to allege name in which grantee took title as not true name. 1912C-620. Grantor in deed to alien, estoppel to deny grantee's title on ground latter cannot hold property. 13-532. Homestead, conveyance by husband alone as estopping husband, though invalid as to wife. 1917A-78. doctrine of estoppel as applicable to alienation or incumbrance of home- stead without consent of wife. 9-14; 15-1122. Married woman, defective acknowledg- ment, estoppel to deny validity of in- strument on ground of. 1918E-636. joinder with husband in bargain and sale deed of his land, estoppel to set up after-acquired title. 1916A-797, 806. want of acknowledgment, estoppel to deny validity of instrument on ground of. 1918C-651. ESTOPPEL Continued. Mortgages, estoppel of purchaser assum- ing existing mortgage, to deny its validity. 1914A-185. Eemainderman, estoppel to repudiate sale of property by life tenant. 1915A- 1001. Stranger to deed as estopped by ro- recitals therein. 1915A-100. Tenant in common, estoppel to deny val- idity of conveyance of specific parcel of common property by cotenant. 1912B-836. 2. In Pais or Equitable Estoppel. Agency, estoppel of agent to deny title of principal to moneys or property re- ceived in course of his agency. 8- 570. Association, estoppel to deny membership of individual. 17-1146. Bailment, denial of title of bailor to thing bailed, estoppel of bailee. 19-521; 1918E-1201. Bank, estoppel to impeach account stated in pass-book. 18-331. Bankruptcy, estoppel of claimant for wages to assert preference. 1916B- 352. setoff or counterclaim, estoppel of bankrupt to claim. 1916C-988. Beneficial association, estoppel to deny forfeiture of benefit certificate for violation of contract of insurance other than failure to pay assessments or dues. 12-639; 1918D-305. Bills and notes, negotiable paper drawn so negligently as to render forgery easy, estoppel of party to set up fraudulent alteration as against bona fide holder. 16-774. renewal note, giving as estoppel to set up failure or want of consideration. 1916A-826. Contracts, Sunday contract, principle of estoppel as applicable to rights of parties under void contract. 1916E- 467. Corporation, consolidation of corporations, estoppel of stockholder to object. 19- 1269. defendant in action by corporation, estoppel to deny corporate existence. 1914C-1250. 316 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ESTOPPEL Continued. foreign corporation, noneompliance with statute, estoppel to set up as defense against action on contract. 2-67; 13 514; 1914A-709. stockholder as estopped to deny cor- porate existence. 1915A-411. subscriber to corporate stock, estoppel to object to alteration in charter or change in corporate design. 1918A- 92, 100. transfer of corporate stock, estoppel of owner to assert liability of corpora- tion. 1913E-1177. ultra vires acts, acceptance of benefits of acts as constituting estoppel. 6- 126. Depositary of public funds, estoppel to deny designation. 1916B-1242. Divorce, remarriage as estopping right to attack divorce decree. 1917E-125. Dower, silence as estopping claim. 1912B- 96. joinder in deed with husband as estop- pel to set up claim in after-acquired title. 1916A-800. Elections, estoppel of voter participating in election to question its validity. 13-1136. Eminent domain, acceptance of condemna- tion award as estoppel of land owner. 1915D-821. validity of statute, estoppel to attack by instituting proceedings thereunder. 1915B-1049. Employers' liability insurance, estoppel of company to deny liability under con- tract. 1912D-909. Escrow, estoppel to deny unauthorized de- livery. 1917E-444. Estoppel against estoppel. 5-845. Forgery unavailable as a defense, when. 1-181; 1912C-590. Gasworks as nuisance, estoppel to object. 21-1252. Guaranty, estoppel of bank to deny lia- bility on. 1916D-560. Husband and wife, estoppel of man representing woman as wife to deny liability for purchases by her. 1913D-1062. ^wife permitting husband to retain rec- ord title to her realty as estopped to deny such title as against one ESTOPPEL Continued. extending credit to husband. 1914C- j 1066; 1915D-634, 652; 1918E-1199. Infants, estoppel by misrepresentation as to age. 4535. Insurance, estoppel of insurer to rely on limitation on agent's authority to waive conditions in policy. 1914A- 590. fire insurance company, estoppel to sus- pend policy for nonpayment of in- stalment premium. 12-628. life insurance company by declaring forfeiture as estopped to claim lapse of policy for nonpayment of premium. 1916A-541. Judgment, person assisting prosecution or defense of action as estopped by judgment. 1916E-154. Judicial sale, estoppel of purchaser as affecting right to redeem therefrom after expiration of statutory period. 1913E-1190. Landlord and tenant, conveyance of premises by landlord during tenancy, estoppel of tenant to show. 1912C- 349. crops, estoppel of landlord to deny ten- ant's right to gather after termina- tion of lease. 9-1141. tenant in possession prior to lease, es- toppel to deny landlord's title. 4- 10S; 1913A-1069. title of landlord, estoppel of tenant to deny in action by landlord to recover possession of premises. 1912D-101. Licensee incurring expense as estopping licensor from revoking license. 7 706; 13-843; 1913A-74. Limitation of actions, pleading of stat- ute as estopped by conduct not amounting to fraud. 9-755. Master and servant, estoppel of employer to assert that employee is inde- pendent contractor. 19-6; 1918C- 632. failure of master to comply with statu- tory regulation as estoppel against invoking fellow-servant doctrine. 10-43. Mechanic's lien, subcontractor as es- topped from claiming by his repre- sentations inducing payment to con- tractor. 1916D-1068. ESTOPPEL. 317 ESTOPPEIr Continued. Municipal corporation, acts of munici- pality, estoppel to deny validity. 1-326. contract under void statute, estoppel of municipality to deny validity. 2-403. franchise, estoppel of municipality to deny validity. 1916B-1272. lapse of time as estopping right to bring action. 20-429. opening street, estoppel of city to open. 1915B-406. railroad construction, acquiescence as estopping municipality from com- pelling removal from streets. 11-295. Names, delivering papers or documents to person of same name as working estoppel against owner. 1917A-562. Nuisance, acquiescence or consent to erection of structure as precluding objection thereto as nuisance. 1916C- 1235. Ostensible partner, persons as to whom he is estopped to deny partnership relation. 10-135. Partition, estoppel of purchaser of tract allotted to party in partition pro- ceedings to deny title of another party to another part of land di- vided. 1915A-949. Power, estoppel of donee from voluntary exercise. 1913C-424. Public contract, receipt of payment under United States contract as estoppel against claim of contractor for addi- tional compensation. 1918E-17. Public officer, estoppel to deny validity of statute by accepting compensa- tion thereunder. 1917C-284. Eecordation, delay in recording instru- ment as working estoppel. 7-367. Special assessment, estoppel of property owner to attack validity. 1915B- 753. lien of assessment, estoppel to main- tain action to remove as cloud on title. 1914A-893. State, de facto municipality, estoppel of state to question validity. 12-261. inconsistent positions, estoppel of state to take. 1914A-229. Statute or ordinance, estoppel to ques- tion validity. 19-181; 1915C-61. ESTOPPEL Continued. Streets and highways, change of grade, joinder in petition as estoppel to claim compensation for resulting damage. 20-876. Subscriptions, estoppel to rely on condi- tions. 1913B-434. Suretyship, bond of public officer, estop- pel of surety to attack validity of appointment or election. 21-786. estoppel of creditor as against surety by informing him debt is paid or set- tled. 1914B-57. Taxation, action by taxpayer for relief, estoppel against. 19isC-898. return of property for taxation, estop- pel of taxpayer to dispute assess- ment based thereon. 7-866; 17-1031; 1916C-230. validity of tax, estoppel to question. 1916C-225. Trusts, silence by cestui que trust as ac- quiescence in breach of trust by trustee. 1914C-748. Vendor and purchaser, executory con- tract of sale, estoppel of purchaser to deny vendor's title. 1912C-404. false representations innocently made by vendor, liability of vendor. 1913C-63. implied vendor's lien, estoppel to as- sert. 20-578. Violation of statute, right of one who has violated statute to complain of violation by another. 1914A-539. Waters and watercourses, diversion and use of water, estoppel as defense to suit to restrain. 2-786; 1914B-996. Wills, beneficiary as estopped to object to disposition by testator of property of beneficiary by latter's acceptance of benefit under will. 9-956; 21- 556. contest of will, estoppel of beneficiary by accepting benefit thereunder where property is subsequently re- turned. 1913E-1182. probate of will, estoppel to seek. 1918A-1200. validity of will, acceptance of bene- fits under will as precluding right to attack. 3-525. $18 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ESTOPPEL Continued. 3. Jurisdiction and Procedure. Appeal, inconsistent attitude with that taken in lower court, estoppel of party. 8-487. Criminal law, application of doctrine of estoppel. 3-844. Evidence, right to show estoppel under general denial in replevin. 20-300. Jurisdiction of court, denial by litigant as estopped by previous acts or con- duct admitting jurisdiction. 14- 1044. Pleading specially, necessity in action to recover real property. 1914C- 1137. Question of law or fact, estoppel in pais as. 1913A-1072. ESTOVERS. Dower land, right of widow to cut trees. 20-973. ESTRAYS. Meaning of term "estray" as applied to animals. 9-284; ' 1912B-1081. EVIDENCE. 1. Admissibility of Evidence. 2. Judicial Notice. 3. Presumptions. 4. Burden of Proof. 5. Documentary Evidence Generally. 6. Demonstrative Evidence. 7. Best and Secondary Evidence. 8. Parol Evidence Explaining, Varying or Contradicting Writing. 9. Expert and Opinion Evidence. A. EXPERT EVIDENCE. B. OPINION EVIDENCE. 10. Hearsay. 11. Res Gestae. 12. Relevancy. 13. Testimony in Former Proceedings, 14. Weight and Sufficiency. A. DEGREE OF PROOF. B. WEIGHT OF EVIDENCE. C. SUFFICIENCY OF EVIDENCE. 15. Practice in Taking Testimony. See Admissions and Declarations; Con- fessions; Depositions; Discovery; Dying Declarations; Particular Ac- tions and Proceedings; Witnesses. ETAL. Substitution of phrase in place of names in process, pleadings, etc. 14-571. ETC. Legal meaning of abbreviation "etc.* 1912C-172. EUGENICS. (Validity of eugenics statute. 1916B- 1051 EVERYTHING. Legal meaning of term. 1915A-28. EVICTION. See Landlord and Tenant. 1. Admissibility of Evidence. Absent witness, admissibility of evidence to explain absence. 1912B-1014. proposed testimony of absent witness, admission as violation of constitu- tional rights of accused. 1913C-490. Acts or statements of execution or at- tachment defendant, admissibility on issue of title to personalty levied on while in his possession. 1914D-690. Age of another person, competency of witness to testify to. 1918A-262. own age, competency of witness to tes- tify to. 16-592; 19186^27. Alienation of affections, evidence admis- sible in action by wife. 6-664; 1912C-1181; 1916C-751. * parent, admissibility of evidence in ac- tion against. 1917E-1020. relative other than parent or guardian, admissibility of evidence against. 1917E-1029. EVIDENCE. 319 EVIDENCE Continued. separation of spouses, evidence of acts committed thereafter. 1917D-484. Animals, peaceable disposition of animal in action for injuries caused by it, admissibility. 1914B-1276. Arrest, motion to vacate in civil action, affidavits or other evidence admissi- ble. 1915A-12S1. Bankruptcy, discharge in bankruptcy, mode of proof in state court. 1914A-1104. improbable testimony by bankrupt. 1917B-1096. Bloodhound evidence. 3-897; 10-1127; 1912D-39; 1915A-1193. Burglary insurance, evidence in action on policy. 1913C-1180. Conflict of laws, law governing admissi- bility of evidence. 1915B-844. Confusion of goods, admissibility of evi- dence in action to recover for tor- tious or wrongful confusion. 1913E- 673. Contempt proceedings in federal court, manner of taking and burden of proof. 1915D-1059. Coroner's inquests, evidence given by de- fendant, admissibility in criminal prosecution. 3-517. impeachment of witness, evidence given as admissible for purpose. 16-688. Corporations, value of corporate stock, what admissible to prove. 1915C 64. Criminal conversation, evidence in action by wife. 1916C-751. proof of marriage in action for. 1917A-755. Dead bodies, evidence admissible to es- tablish identity. 1918C-697. power of court to order exhumation for evidentiary purposes. 1916D-331. Death by wrongful act, evidence admis- sible in case of death by intoxica- tion. 1917B-542. inheritance by plaintiff from deceased, admissibility of evidence. 1916D- 340. Dentists, evidence against in action for injuries to patient. 1918C-1191. Detective, competency of evidence of private detective. 1917A-589. EVIDENCE Continued. Divorce, condonation, evidence in action for divorce. 1918A-661, 668. paramour, admissibility of testimony in action on ground of adultery. 1913A-1240. False imprisonment, evidence admissible in mitigation of damages. 1914A- 1018. Finger-prints, admissibility and suffi- ciency. 1917A-417. Footprint, evidence obtained by requir- ing defendant to furnish shoe to compare with footprint, admissi- bility. 9-655; 1917B-237. Foreign laws as provable by testimony of lawyers. 20-1339. Forgotten facts, admissibility of testi- mony of statement made to witness by another, where latter admits facts but has forgotten facts stated. 12- 706. Futures, intention of parties with respect to contract of sale for future de- livery, admissibility to determine whether gambling contract. 11-^441. Identity, extrajudieial identification. 1914B-700. identification by voice. 14-82; 20-403. Illegitimacy, entry in family Bible, ad- missibility on issue of legitimacy. 1915B-377. * nonaceess of husband, admissibility of testimony of married woman to prove. 6-816; 15-764. Intoxicating liquors, penalty for viola- tion of liquor statute, evidence ad- missible in action for. 1916E-874. j possession of intoxicating liquor as evidence of possessor's guilt of of- fense charged. 1916E-783. ! recovery of price of liquors illegally Bold, "evidence admissible in action. 7-363. Juvenile courts, evidence in proceedings. 1916E-1016. Knowledge of another person, competency of witness to testify to. 21-1074. Letters, self-serving letter sent in gen- eral course of business, admissibility 1917D-790. Master and servant, action by servant against master for injuries by saw operated by machinery, evidence ad- missible. 1913C-138. 320 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. EVIDENCE Continued. Mental suffering, necessity and compe- tency of evidence. 1912B-538. Mortality tables, admissibility in action for death by wrongful act to show probable duration of life. 12-425; 1918A-1021. introduction in evidence as prerequisite to recovery of damages for wrongful death. 1914C-685. Negligence, violation of ordinance, ad- missibility of ordinance not pleaded, in order to prove negligence. 16 1064. Privilege claimed by witness in criminal case, admissibility of evidence show- ing fact in civil case. 1917E-879. Race to which person belongs, evidence admissible to show. 1914A-461; 1916E-305. Rape, complaints of injured person ii> actions for rape or criminal assault, admissibility. 2-234; 11-99. Robbery, matters admissible in prosecu- tion for assault with intent to com- mit. 1918A^tl6. Sales, breach of warranty on sale of seed, evidence admissible in action for. 1918B-87. value of property transferred, admissi- bility of evidence in action to have bill of sale declared mortgage. 11- 327. Search or seizure, admissibility of evi- dence secured by. 15-1205; 1915C- 1182. Steam, injuries resulting from generation or use, admissibility of evidence. 1915D-853. Telegram received in reply to telegram, admissibility. 16-394. self-serving telegram sent in general course of business, admissibility. 1917D-790. Temperate or intemperate condition of person, competency of witness to tes- tify. 13-253. Torrens Acts, evidence in proceedings under. 12-836; 1913C-873. Trespass, benefit to owner, admissibility of evidence in mitigation of damages. 20-925. Unconscious performance of physical act as result of constant repetition. 1913A-1143. EVIDENCE Continued. Unreasonable testimony, withdrawal from consideration of jury. 15-1187; 1917B-473. improbable testimony by bankrupt. 1917B-1096. Unsuccessful search for witness, evidence admissible to show. 8-468. Verdict, affidavits of jurors as evidence that verdict returned or entered dif- fered from verdict actually found. 3-401; 1912A-1205; 1918E-287. Vessel owner's liability, evidence in pro- ceeding to limit. 1913D-1235. Veto by executive, evidence of. 19-837. Wills, foreign probate of will, conclu- siveness in domestic courts. 9-424; 14-977. . 'evidence, foreign probate as. 1918A- 616. i unprobated will as evidence. 1916A- 887. 2. Judicial Notice. Abbreviations, judicial notice of. 17- 492. Appeal, raising question of judicial notice on appeal for first time, right of. 1914D-196. Beer as intoxicating, judicial notice. 1914C-874. Census reports, judicial notice. 9-883. Constitutional amendment, judicial notice of proceedings for adoption. 1917D- 1031. Elections, local option elections, judicial notice of. 18-191; 1915C-333. Geographical facts, judicial notice of. 12-927. Federal officers, judicial notice by state courts. 18-365. statutes, judicial notice by state or provincial courts. 19-395. Judges of lower court, judicial notice by appellate court. 1914A-34. Legislative journals, judicial notice of contents on issue as to enactment of statute. 20-449; 1916E-1284. Local conditions, right of court to give effect to its knowledge. 1915B-557. Loss of earning capacity through per- sonal injury, judicial notice. 1916B- 337. EVIDENCE. 321 EVIDENCE Continued. Mortality tables, judicial notice of. 191SB-415. Municipal ordinances, judicial notice. 5- 614; 1914C-1232. Natural laws relating to human beings, judicial notice of. 18-586. Other causes, judicial notice of proceed- ings in. 12-537; 1913A-140; 1915B- 651. Speed of railroad train or street-car, in- ference from distance run after acci- dent and efforts to stop as matter of judicial notice. 15-949. Statute requiring court to take judicial notice of certain matters, validity and construction. 1914D-542. Time, judicial notice of matters relating to. 21-350. Treaty with foreign power, judicial notice of. 1915C-967. Usage or custom, judicial notice of. 12- 430; 1912A-397 3. Presumptions. Accident, presumption from unexplained disappearance of person. 1912C-901. Acknowledgments, deputy taking ac- knowledgment, presumption as to due appointment and qualification. 3- 299. impeachment of acknowledgment, pre- sumptions and burden of proof. 7- 250. legality of certificate, presumption as to. 1917A-369. Age of another, presumption that person knows. 1912D-975. Alteration or interlineation in deed, pre- sumption as to when made. 1914B- 1090. Appeal, incompetent evidence admitted in trial without jury as presump- tively disregarded by court. 1917C- 663. Arbitration and award, presumption that arbitrators considered all matters submitted. 1916A-353. Assignment for benefit of creditors, as- sent of creditors, rebuttal of pre- sumption as to. 1913A-821. Index to Notes 21 EVIDENCE Continued. Attorneys, contract for compensation after fiduciary relation established, presumption as to invalidity. 1917A-535, 549. Automobile, driver presumptively acting within scope of employment as re- buttable by evidence. 1918D-1134. Bailment, presumption from loss of goods in possession of bailee. 1-23; 21-842. Bigamy prosecution, presumptions and burden of proof. 1913E-268. Bills and notes, execution of promissory note as raising presumption that payee is not indebted to maker. 1914B-384; 1914C-879. place of indorsement of negotiable in- strument. 5-160. renewal note, presumption as to dis- charge of original note. 1915A- 1087. Burglarious intent in entering house, pre- sumption as to. 1913C519. Carriers of goods, connecting carriers, injury to goods carried, presumption as to liability. 3-584. Carriers of passengers, collision resulting in injury to passengers, presumption of negligence from. 4-10; 191 7C- 634. derailment of train or car as evi- dence of negligence. 1913E-552. Celibacy, presumption of existence. 1915C-1061. Chastity and good repute of woman in prosecution for seduction, presump- tion of. 17-89; 1916A-200. Checks, presumption arising from deliv- ery. 1913D-1203. Corporations, contract executed by presi- dent as presumptively authorized by corporation. 1917A-360. corporate existence, presumption of continuance. 1916B-1013. Death presumed from absence, facts which must be shown in connection with absence to establish presump- tion. 7-573; 14-242; 1918D-758. less than seven years' absence, facts sufficient to raise presumption of death. 1916B-67. time of occurrence of death within rule as to presumption of death. 1917A- 322 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EVIDENCE Continued. Decedent's estate, presumption as to regularity of probate ' or adminis- tration proceedings arising from lapse of time. 1913A-1038. Dedication as presumed from use of high- way. 1914D-335. Deeds, delivery, presumption as to date where dates of deed and certificate of acknowledgment differ. 15-151. grantor's possession of deed at time of death, facts aiding or rebutting inference from. 1914C-859. Elevator, fall as presumptively negli- gence of owner or operator. 8-976. Escheat, proceeding to establish, presump- tions in. 1913E-383. Exemption of property from execution, presumption as to statutory exemp- tion. 1914A-245. Figures, precise correspondence of figures, inference which may be drawn from. 1915B-1191. Fire communicated by railroad engine, presumption of negligence arising from. 1-815; 16-882; 1913E-971. Foreign law, knowledge of, presumption as to. 1916D-1072. similarity of foreign statutes to those of domestic forum, presumption of. 1-459. Fraud, presumptions and burden of proof as to. 1-809. Heirs or issue, presumption as to exist- ence. 1915C-1061. Husband and wife, authority of wife to purchase necessaries during cohabita- tion with husband, presumption as to. 1915A-4. liability of wife for necessaries pur- chased by her, presumption as to. 1917C-563. resulting trust arising from purchase by husband in name of wife. 1915C-1082, 1097, 1102. Identity, conflict between presumption of identity of person from identity of name and another presumption. 1917E-121. Independent contractor, presumption as to existence of relation. 1918C-632. Infant, incapacity to commit rape or as- sault with intent to rape, presump- tion as to. 11-1063. EVIDENCE Continued. Insane persons, continuance of permanent insanity, presumption as to. 4-491; 1912C-388. Insurance, wilful burning of insured property, quantum of proof necessary to overcome presumption of inno- cence. 1912A-1142. Intent as inferable from act of disturb- ing public meeting. 1914B-742. Intestacy of person shown to be dead. 21-231. Jury, improper separation of jury, pre- sumption of prejudice. 1-287; 1914A 737. Landlord and tenant, assignment of lease as presumed from possession by as- signee. 1916E-811. Law and fact, distinctions between pre- sumptions. 1913B-897. Letters, authenticity of letter received in reply to letter, presumption as to. 11-887; 1917D-925. presumption of receipt of letter. 1917E-1058, 1072; 1918E-510. rebuttal of presumption of receipt of letter. 4-956; 1912D-1065. Marriage, mental capacity of party con- tracting marriage as presumed. 1913B-1242. subsequent marriage, presumption as to validity. 17-680; 1918E-1233. Mineral or nonmineral character of land,, presumption as to. 1912A-1315. Names, presumption that letter consti- tutes name. 1914A-1115; 191 7B- 178. use or omission of suffix Sr. or Jr. to name, presumption from. 1917A 1215. New promise relied on to remove bar of statute of limitations, presumption in aid of. 1914B-225. Normality, presumption that individuals are normal. 1913E-101. Ordinances, presumption as to validity. 1916B-502. Parent and child, delivery and acceptance of deed from parent to child, presump- tions as to. 1912A-230. services by child to parent who is not of same household, presumption of payment. 6-512. EVIDENCE. 323 EVIDENCE Continued. Payment, lapse of time raising presump- tion of payment as rebuttable by ac- tion. 7-723. possession of written evidences of in- debtedness by debtor who had access to papers of creditor, presumption as to payment. 14-257. Presumption as basis of presumption. 10- 1096. Privilege, refusal or failure to waive priv- ileged communication as presumption against party. 8-792. Process, failure to execute, presumption as to damages recoverable from officer. 2-11. Production of evidence, failure of party to action to produce evidence as rais- ing presumption against him. 1914A- 909. failure to call attorney as witness as raising presumption against party liti- gant. 1914A-919; 1918B-1134. Eailroads, dead body found near crossing, there being no eye-witness of acci- dent, as justifying inference of negli- gence on part of railroad. 1912B- 71S. Kape, incapacity of infant to commit rape or assault with intent to rape, pre- sumption as to. 11-1063. Bebuttable presumptions as evidence. 3- 72; 1913E-977. Eeference, presumption that referee has passed on all matters submitted. 1916A-362. Reformation of instrument for mutual mis- take, presumptions and burden of proof. 19-344. Ees ipsa loquitur, injuries caused by elec- tric current as motive power for rail- road. 21-751. rule as applicable to injury caused by X-rays. 1918E-258. Seals, adoption of seals by parties to in- strument not actually sealing same as presumed. 20-1328. Speed, inference as to speed of railroad train or street-car from distance run after accident and efforts to stop. 15-948. Suicide relied on as defense to action on life insurance policy or benefit certi- EVIDENCE Continued. fieate, presumption as to. 17-33; 1913C-1260. Survivorship in common disaster, presump- tion of. 14-716; 1913A-871. Taxation, payment of tai.es, presumption from lapse of time. 4-430; 1915D- 186. Telegram, presumption of receipt. 1917E- 1081. Temperance or sobriety of person, pre- sumption of. 1918A-620. Trusts, resulting trust arising from pur- chase by husband in own name with wife's money. 1915D-625, 643, 649. (Indue influence, man and mistress, pre- sumption from relation. 9-783; 1913C-143. man and woman engaged to be married, presumption arising from relation. 1916C-1031. parent and child, conveyances inter vivos by parent to child or by child to parent. 17-989; 18-539; 1915D- 711; 1918B-457. Vendor and purchaser, payment of pur- chase money under contract for saJe of land. 1913A-508. Waters, overflow of water on leased pre- mises presumed as due to negligence of landlord. 1913D-812. Weapons, intent to kill arising from use of deadly weapon in manner not ordi- narily employed, presumption of. 1912A-107. Wills, alteration of will by testator, pre- sumption as to time of. 1915C 75. ^lost will, presumption of revocation, de- clarations of testator as admissible to rebut. 3-960. revocation of will executed in duplicate as presumed from destruction of single copy. 1912A-273; 1918E-229. survivorship in common disaster validity of provision in will creating presump- tion. 1918D-842. 4. Burden of Proof. Accident insurance, accidental death, burden of proof in action on policy. 9-919; 1916B-229; 1918B-1125. voluntary exposure to unnecessary danger, burden of proof of accident 324 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EVIDENCE Continued. to insured as result of. 10-453; 13- 1126; 1916B-275. Acknowledgment, impeachment of certifi- cate of acknowledgment, burden of proof as to verity of certificate. 7 250; 1917A-369. Alienation of affections by parent, burden of proof. 1917E-1020. by relative other than parent or guard- ian, burden of proof. 1917E-1029. Aliens, exclusion of alien immigrant, burden of proof of right to exclude. 1917C-247. Alteration of instrument, burden of show- ing ratification or waiver. 1917D-345. Attorneys, contract of attorney for com- pensation made after fiduciary rela- tion is established, burden of proof of validity. 1917A-536. good faith of transaction in case of as- signment or conveyance by client to attorney, burden of showing. 18-123; 1918E-1159. negligence or wilful violation of duty, burden of proof in action against. 2-603; 14-342. Bailment, loss of goods by bailee, rule with respect to burden of proof as appli- cable when bailee does not have ex- clusive possession. 1913D 947. Bigamy, burden of proof in prosecution. 1913E-268.' Bills and notes, payment or part payment, burden of proof. 20-518. renewal note as discharging original note, burden of showing. 1915A-1087. want of consideration as defense to ac- tion on bill or note, ( burden of proof. 18-205. Carrier of goods, action on claim under contract stipulation limiting time to present, burden of proof. 9-23. loss of goods caused by flood or other uncontrollable event, burden of show- ing fault of carrier. 1914D-1115; 1918A-1121. negligence or want of negligence, burden of proof where contract exempts car- rier from liability for loss by fire. 20-236. Carrier of livestock, burden of showing negligence on part of carrier. 15- 35; 1913E-311. EVIDENCE Continued. Chastity and good repute of woman in prosecution for seduction, burden of proof. 17-89; 1916A-200. Checks, delay in presenting check for pay- ment as cause of loss, burden of showing. 1913A-1293. Civil case based on criminal act, burden of proof. 2-73; 1912A-1139. Contempt, burden of proof of inability to comply with court order as exonerat- ing from contempt charge. 15-946. Contributory negligence and assumption of risk, burden of proof on defense. 10-4; 18-967. Debtor and creditor, transfer to creditor in excess of sum actually due as bona : fide transaction, burden of proof. 1918E-723. Deeds, alteration or interlineation, burden of proof as to when made. 1914B- 1092. Elections, possibility of separation of il- legal vote in case of irregularity af- fecting indeterminable number of votes, burden in contest. 1918A-58, 69, 73. Escheat, burden of proof in proceedings to establish. 1913E-384. Executions, injunction against execution sale, burden of proof. 1918C-304. Exemption of property by statute from execution, burden of proof. 1914A- 245. Expectancy, good faith and adequate con- sideration in transfer, burden of show- ing. 1916E-1250. Extradition, identity of fugitive from justice, burden of showing. 20-546. Fairness of transaction, burden of proving. 1912A-704. False imprisonment and malicious prosecu- tion, distinction between with respect to burden of proof. 21-460. Fire insurance, breach of condition subse- quent in policy, burden of showing. 1913D-829. sole and unconditional ownership in ac- tion on policy, burden of showing. 1913E-212. Fraud, burden of proof as to. 1-809. Gas, injury caused by escape of gas from pipes, burdea of showing. 1916E- 280. EVIDENCE. 325 EVIDENCE Continued. negligence of gas company in failing to prevent escape of gas, burden of proof. 1914C-355. Homicide, accidental killing, burden of proof where defense is interposed. 11-309. self-defense, burden of proof. 1912C- 47. Independent contractor, burden of proof of relation of employee as servant or independent contractor. 1918C-632. Insane person, contract, burden of show- ing insanity of party before execution of bona fide contract. 1914D-874. fairness of transaction, burden of prov- ing. 1912A-71Q; 1914D-874. issue of insanity in criminal cases, burden of proof. 3-926; 15-95. Intoxicating liquors, adoption of local op- tion law, burden of proof in prosecu- tion for illegal sale. 1913C-627. druggist, burden of proof of right to sell in prosecution for illegal sale. 1913C-637. innkeeper, burden of proof of sale to hotel guest. 1913C-638. original package, burden of proof of sale in. 1913C-638. right to sell, burden of proof of showing in prosecution for illegal sale. 1913C- 626. Larceny, mistaken belief of ownership, burden of proof. 2-192. Legacy, nonpayment of legacy to which presumption of payment has attached, burden of showing. 2-747. Libel and slander, malice, burden of show- ing in action where communication is privileged. 7-844; 1913C-1072. Licenses, burden of proof as to whether person is duly licensed to practice profession or do business, other than sale of liquor. 1915B-416. Life insurance, falsity of representations, burden in action on policy. 8-1160. good health of insured at time of de- livery of policy where life insurance contract so requires, burden of show- ing. 17-238. Limitation of actions, burden of proof as to running of statute. 8-340. Marriage, duress, as ground for annul- ment, burden of proof. 20-1376. EVIDENCE Continued. mental incapacity of party to marriage, burden of proof. 1913B-1242. subsequent marriage, burden of proof of validity. 17-684; 1918E-1238. Master and servant, actual cause of injury to servant in action for negligence, burden of proof. 5-167. fall of scaffolding, burden of proof in action for injuries caused by. 18- 619. latent danger as within knowledge of employee, burden of showing. 11-116. practicability of guarding machinery from which servant has sustained in- jury, burden of showing. 18-133. Mineral or nonmineral character of lands, burden of proof. 1912A-1315. Necessaries furnished infant, burden as to whether articles constitute. 14-686. Negligence, res ipsa loquitur rule as re- lieving plaintiff of burden of showing negligence. 1914D-909. Nonexistence of plaintiff in action, burden of showing. 1917D-1196. Ordinances, validity of ordinance, burden of proof. 1916B-502. Physicians and surgeons, suing for medical services, burden of proof of necessity of showing they were duly licensed. 2-607. Process, failure of officer to execute or return process, burden of proof. 1912D-732. Quo warranto proceeding or action in nature thereof, burden of proof. 1917B-467. Receiver of railroad, burden of showing that he was operating railroad at time in question. 1913A-535. Eeformation of instrument on ground of mutual mistake, burden of proof. 19- 344. Release, falsity of physican's statement re- lied on for avoiding release for per- sonal injuries, burden of showing. 1918A-362. Res judicata or estoppel by judgment, burden of proof. 2-655. Sales, illegality of contract of sale for future delivery of property. 11-442. Ships and shipping, burden of proof of necessity of supplies furnished master 326 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, EVIDENCE Continued. in an action against owner of vessel. 18-880. Signature, burden of proof of genuineness. 1913A-194. Slander of title to realty, burden of proof as to title of plaintiff. 1913C-1362. Suicide relied on as defense to action on life insurance policy or benefit cer- tificate, burden of showing. 17-32; 1913C-1260. Taxpayer's action, burden of proof. 1913C-913. Undue influence in case of conveyance in- ter vivos by parent to child or by child to parent. 17-989; 18-539; 1915D- 711; 1918B-457. Warehouseman, burden of proof for loss of goods by fire. 19-245. Waters, flood as extraordinary and un- precedented, burden of proof as to nature. 1918A-1121. Will contest instituted after probate, burden of proof. 1914C-535. Workmen's compensation, burden of proof of accident arising out of and in course of employment within act. 19-6; 1913C-4; 1914B-498; 1916B- 1294; 1918B-770. notice of injury given under Workmen's Compensation Act, burden of showing. 1917D-877, 881, 886. suspensory award, burden of proof as to right to. 1918B-746. 5. Documentary Evidence Generally. Age of person, public record recital as proof. 19-18E-266. writing, competency of witness to tes- tify to age of writing. 1915D-34. Ancient document, instrument insufficient on face inadmissible as. 1-322. Benefit certificate without other parts of contract, admissibility. 1917C 145. Book of accounts, necessity that it be book of original entry. 2-842; 1917C- 961. deceased person's book of accounts, ad- missibility. 12-77. Building and loan association, records and minutes, inadmissibility as books of original entry. 2-844. EVIDENCE Continued. Census reports, admissibility to show age or pedigree. 9-882. Check stub entries, admissibility. 1915B- 799. Conclusiveness of documentary evidence against party introducing. 17-381. Corporate books or records, admissibility in action between members, or be- tween corporation and member. 1917D-558. Death certificate by physician as evidence. 1918C-761. Diary, private diary as evidence. 1916C- 717. Dictionaries, admissibility in evidence. 11-182. Document produced by opposing party, effect of inspection by opposing party upon admissibility in evidence. 21- 1022. Duplicate sales slip or sheet from loose leaf ledger, admissibility as book of account. 1914D-489. Foreign official record, admissibility in evidence. 19-1219. Foreign statutes, printed copy as admissi- ble to prove law of another jurisdic- tion. 1916D-853. Historical works as evidence. 13-675. Ilospital chart, admissibility. 1916C- 78. Judgment by default as evidence against judgment debtor in another suit. 1914B-681. Letters between husband and wife, admis- sibility against writer. 3-915; 1912B- 1001; 1915B-427. Maps, ancient map, admissibility. 1916C- 176. Market reports as evidence. 12-127; 1913E-211. Medical books as admissible. 19-1002; 1916A-795. Memorandum as evidence of past recollec- tion of witness, admissibility. 8-210. Mercantile agency, statement to or report by, as evidence. 1916D-760. Opinions of courts as evidence. 19-404. Private books or records as evidence ot what they do not .contain. 1914D- 1256. EVIDENCE. 327 EVIDENCE Continued. Eeceipt materially altered, admissibility in evidence. 1913C-277. Eecital in deed as evidence. 1915A-97. Eecords, identification by stranger. 6- 500. Rules of master, admissibility in action involving servant's negligence. 21 147. Spelling, punctuation and literary style as elements in identifying author of writing. 20-1336. Surveys, ancient survey, admissibility. 1916C-179. field-book entries of deceased surveyor, admissibility. 1917E-675. Telegram received in reply to telegram, admissibility in evidence. 16-394. Unstamped documents as evidence. 1-24. Weather records as evidence, admissibility and weight. 19-852. Wills, unprobated will, admissibility to prove title to property. 1&16A-887. 6. Demonstrative Evidence. Generally. Calculations by witness from figures in evidence, admissibility. 1912D-1353. Child whose paternity is in issue, right to exhibit to jury. 6-560; 19-536. Detectaphone or dictagraph, admissibility of evidence received through. 1916E 181. Experiments, admissibility of experiments tending to show that occurrence could not have happened as alleged, admis- sibility. 1912D-1264. presence of jury, admissibility in evi- dence of experiments made in presence of jury. 7-216; 1912B-296. tables compiled from and showing re- sults of experiments, admissibility in evidence. 1912C-189. Identification of author of writing, spell- ing, punctuation and literary style as elements. 20-1336. Microscopes, information acquired by aid of microscope, competency of witness to testify to. 1916D-930. Phonographic reproduction of sound as evidence. 10-285. EVIDENCE Continued. Photographs, foundation for introduction in evidence. 1-161; 10-962. weight as evidence. 15-98; 1913D-277. X-ray photographs as evidence. 8-435; 1916A-776; 1918D-998. Telephone conversation as evidence. 1- 802; 9-170; 20-705; 1916E-977. Typewriting, admissibility of specimen for purpose of comparison with dis- puted typewriting. 1914C-201. View, impression made on minds of jurors as evidence in case. 10-663. Handwriting. Identification of author of writing, spell- ing, punctuation and literary style as elements. 20-1336. Mark, proof by comparison. 19-504. Papers in record as standards for com- parison of handwriting. 9451. Proof of handwriting by third person where writer is accessible as witness. 20-108. Signatures, proof of facsimile signatures by comparison. 1912B--117. Similarities or dissimilarities in manner of writing words or letters, probative effect on issue of genuineness of hand- writing. 1913B-1317. Testing expert or nonexpert witness by use of other writing. 1&17B-1060. 7. Best and Secondary Evidence. Acknowledgment of execution of instru- ment, proof by evidence other than certificate. 1912A-1098. Books of account, loss or destruction, copies as admissible. 2-844. Carbon copy of writing, admissibility in evidence without accounting for non- production of original. 11-108; 1914D-1082. Certification that paper or document is true copy, proper form. 1912C 942. Document not within jurisdiction of court, admissibility of secondary evi- dence as to contents. 8-413. Instrument altered or destroyed by per- son offering secondary evidence of contents, admissibility. 9-4S4. 328 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 19J8E. EVIDENCE Continued. Judicial record, parol proof of contents of lost or destroyed record. 1916D 248. Knowledge based on hearing letter or docu- ment read as admissible to prove con- tents. 1912D-790; 1916C-1182. Lost memorandum required by statute o* frauds, admissibility of parol to show contents. 1916E-173. Telegram left for transmission or message delivery as primary or best evidence. 8-270. Verbal admission as to contents of writing, admissibility in evidence. 8-207. 8. Parol Evidence Explaining, Varying or Contradicting Writing. Acknowledgment, certificate, admissibility of parol evidence to show same taken within officer's jurisdiction. 10-129. impeachment of acknowledgment, ad- missibility of parol evidence. 7-251; 1917A-373. Alterations or interlineations made before execution of written instrument, ad- missibility of parol evidence to ex- plain. 1913C-344. unauthorized alteration of written in- strument, admissibility of parol evi- dence to show. 12985. Antenuptial contract, waiver of provision in written contract, admissibility of parol evidence to show. 1912B-279. Auctions, conditions of auction sale, ad- missibility of parol evidence as to. 1912A-1130. Bills and notes, conditional delivery of bill or note, parol evidence of. 3-550; 6-169; 15-669; 1917D-1049. indorsement of bill or note for purpose of collection only, admissibility of parol evidence to show. 15-877. signature of maker and indorser, neces- sity of proving in action on promissory note. 1917A-770, 809, 813, 817, 821. time of indorsement made on note, ad- missibility of parol evidence to show. 1913A-882. Bill of sale, parol evidence to modify or explain. 19-541. Bonds, extent of liability assumed by obligor, extrinsic evidence as to. 2 891. EVIDENCE Continued. Carriers of goods, route for shipment of goods, variation of written contract by parol evidence. 1913A-932. Covenant in deed against incumbrances, admissibility of parol evidence to vary or explain. 1915D-865. Date, admissibility of parol evidence to show instrument as executed on day other than date it bears. 1913A-496. Deed of land to railroad for right of way or depot purposes, admissibility of parol evidence to show agreement be- tween parties at time of execution. 17-863. De facto corporation, admissibility of parol evidence to show existence. 1914A- 151. Deposition, lost or destroyed deposition, proof by parol of contents. 1916D- 253. Fire insurance contract, admissibility of parol evidence to explain or modify. 1914C-59. Frauds, statute of, identification by parol of papers referred to in signed writ- ing for purpose of constituting all as memorandum within statute. 2-294. parties, admissibility of parol for pur- pose of showing in aid of memoran- dum. 13-315. several writings as constituting memo- randum within statute, admissibility of parol evidence to show. 19-116. Guaranty contract, admissibility of parol evidence to affect terms. 1912A-781. Illegality of contract, admissibility of parol to show. 16-388; 1917D-426. Lease, evidence extrinsic to lease to show agreement by landlord to repair, ad- missibility. 1913A-37. Mortgage absolute on face intended as security for future advances, evidence of intent. 1913C-561. Municipal record, admissibility of parol to aid, vary or contradict. 7-1045. Mutilated or illegible writing, admissi- bility of parol as to contents. 1916A- 282." New promise relied on to remove bar of statute of limitations, extrinsic evi- dence in aid of. 1914B-226. Ordinance of municipality, admissibility of parol to prove. 1915A-709. EVIDENCE. 329 EVIDENCE Continued. Personalty, oral testimony to prove title when written evidence exists, adrais- sibility. 1914C-118. Place of payment under contract silent in that respect. 1916E-366. Preliminary negotiations, evidence thereof as aid to construction of instrument. 18-257. Purported contract as sham contract, ad- missibility of parol evidence to show. 19-1025. "Release, conditional delivery, admissibility of parol evidence to show. 1912D- 1308. Restraint of trade, admissibility of parol evidence to vary agreement of seller of business not to re-engage in same business. 1913C-1379. Statutes, approval or disapproval by executive of bill, admissibility of ex- trinsic evidence to show. 1917C-836. Stock subscription as conditional, admis- sibility of parol evidence to show. 19-883; 1918C-853. Strangers to contract, application of parol evidence rule to. 8-347. Supplementing written contract by proof of collateral oral agreement. 2-146; 1914A-454. Title to personalty, admissibility of oral testimony to prove when written evi- dence exists. 1914C-118. Trusts, resulting trust arising from pur- chase by husband with wife's money, proof by parol. 1915D-630. Vendor and purchaser, executed sale of land, admissibility of parol evidence to establish fact. 1914C-70S. Wills, identification of writing incorpo- rated in will by reference, admis- sibility of parol evidence. 1-396. instrument not testamentary on its face, admissibility of evidence to show it was intended to take effect upon death of maker. 12-287. omission of living child, admissibility of parol evidence to show whether in- tentional. 8-637; 1916A-718. paper testamentary on face not intended as will, admissibility of evidence to show. 18-897. presumption of resulting trust under will, admissibility of parol evidence to rebut. 1915B-52. EVIDENCE Continued. scrivener's testimony showing intention of testator, admissibility. 1913A- 1017. when parol evidence admissible to aid construction. 1915B-8; 1917E-410; 1918C-936. 9. Expert and Opinion Evidence. A. EXPERT EVIDENCE. Abstract question, competency in examina- tion of expert witness. 20-207. Attorney's services, admissibility and necessity of expert evidence on ques- tion of value. 20-53; 1914D-369. Blood stains, expert and opinion evidence as to. 15-814. Construction work, competency of expert to testify as to whether work was properly done. 1912D-903. Examination of expert witness, use of scientific books in connection. 1916E- 356. Expectancy of life, competency of expert to testify to. 10-621. Facts upon which opinion is based, nec- essity that expert state. 20-883. Physician, competency to testify in respect to wound or injury where he has not had similar case. 14-137. testimony as to statements made to him by patient relating to history of case, admissibility. 14-449. Ultimate fact, whether expert witness may give opinion as to. 1914B-191. B. OPINION EVIDENCE. Competency of servant, admissibility of opinion evidence. 19-1151. Conduct of certain person as "careless," "reckless" or "negligent," admissi- bility of opinion of witness. 1913C- 1077. Damages to realty, admissibility of opin- ion of witness as to amount. 3-667; 1912A-191. Dangerous character of work, situation, appliance, etc., admissibility of opin- ion evidence. 7-463. Drugs, whether person was under influence of drug, admissibility of nonexpert opinion. 1913B-108. 330 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, EVIDENCE Continued. Future consequences of injury, admis- sibility of opinion evidence. 21-326. Handwriting of mere correspondent, com- petency of nonexpert to testify to. 8- 1035. / Intoxication, admissibility of nonexpert testimony to prove. 10-788; 1917C- 628. Knowledge of another, competency of wit- ness to testify to. 21-1074; 1918A- 947. Libel and slander, meaning or effect of words used, admissibility of opinion of witness. 18-833. Mark, proof by opinion evidence. 19-504. Marketability of title to realty, admis- sibility of opinion evidence. 21-840. Measurements taken by nonexpert, admis- sibility. 18-1175. Mental capacity of person to execute con- tract or deed, admissibility of opinion evidence. 4-888. Ownership of personalty, admissibility of direct opinion of witness. 8-832; 1912C-664; 1916D-289. Paternity of animal, identification by resemblance, admissibility of opinion of witness. 5-974. Race to which person belongs, admissi- bility of opinion evidence. 1914A- 462. Eesult of forces acting on animate human body as question of law or fact. 1913E-938. Smell or odor, testimony of witness as to. 1914B-736. Speed, automobile, opinion evidence as to speed. 19-754; 1917D-613. railroad train or street-car, competency of nonexpert witness to testify to. 1913A-187. Value, corporate stock, admissibility of opinion of witness in absence of mar- ket value. 1915C-67. property valuation based on comparison with other properties, existence of similarity to make comparison admis- sible as question for court. 1913D- 582. use of chattel, value as provable by opinion. 1914B-809. Writings, opinion evidence as to age. 1915D-34. EVIDENCE Continued. 10. Hearsay. Age, admissibility of entry in family Bible to show, where person making entry is dead or unknown. 1912A- 1218; 1916A-153. Family record, admissibility of entry to show age, marriage or pedigree, where person making entry is alive. 6-59. Forgotten facts, statement made to wit- ness by another where latter admits statement but has forgotten facts stated, admissibility. 12-706. Knowledge of contents of document, com- petency of testimony where witness' knowledge is based merely on hear- ing it read. 1912D-790; 1916C-11S2. Parentage, competency of person to tes- tify to his own. 1913C-314. Pedigree, whether hearsay must be con- fined to ancient facts. 1914A-822. 11. Res Gestae. Bystander's declaration at time of accident as part of res gestae. 1912C-319; 1917A-1009. Exclamations and expressions of pain, ad- missibility in actions involving bodily injuries. 15-799; 1916A-830. Infant, accident, declarations of infant present at time as part of res gestae. 14-51. assault or homicide, declarations of in- fant at time as part of res gestae. 1916C-1187. Railroad train sheet as evidence. 1912B- 372. Statements of deceased or accused before starting on journey, admissibility as part of res gestae. 1913E-361. 12. Belevancy. Agency, lack of possession by agent of evidence of indebtedness as evidence on question of his authority to receive payment. 19-666. Blood stains, law of. 15-811. Brands on animals as evidence of owner- ship. 12-414; 18-544; 1913E-133. Breach of promise to marry, preparations for marriage as corroborative evi- EVIDENCE. 331 EVIDENCE Continued. dence of promise to marry. 1915C- 138. understanding of friends or family of party as evidence of agreement to marry. 1916C-564. Character or reputation, assault, admis- sibility in civil action for assault. 1914A-959; 1914B-881. fraud of party or other person, admis- sibility in civil action. 8-1136. malicious prosecution, admissibility of character of plaintiff. 4-839; 1916D- 1167. negative evidence to prove character, admissibility. 17-108. penalty, action to recover, admissibility of defendant's character or reputation. 19161^1151. Conviction based on plea of guilty, ad- missibility of judgment in subsequent civil action. 1917E-1109. Death, grant of letters testamentary or of administration as evidence. 1918A- 1011. Disorderly character of house as estab- lished by general reputation. 12-273. Domestic relations, action for personal in- juries not resulting in death, admis- sibility of plaintiff's. 10-288. death by wrongful act, admissibility of deceased's domestic relations. 19160- 671. Elections, ballots, admissibility to impeach. election returns. 1912B-682. intention of voter, admissibility of own testimony to show in election matters. 1912A-296. Eminent domain, payment by condemnor for other land for use in same enter- prise as evidence of value of land taken. 20-695; 1914A-375. price paid by another than condemnor for similar property as evidence of value. 1916E-598. Financial circumstances of defendant, breach of promise of marriage, admis- sibility of evidence. 20-1265. libel or slander, admissibility. 1915B- 1158. payment, admissibility to prove. 8-779; 11-110. physician's action for services, admis- sibility of evidence. 11-655. EVIDENCE Continued. Financial credit of plaintiff, wrongful dishonor of check, admissibility in action by depositor. 10-988. Fires, origin of fire set by railroad as provable by evidence of other fires by other engines. 12-218; 21-1212. Futures, other transactions between or by one of parties on issue whether con- tract is for future deliveries, admis- sibility. 1914D-87. General conduct under proven circum- stances, admissibility to show conduct of same kind under similar circum- stances on particular occasion. 1913D- 1256. Habits of deceased on approaching rail- road crossing, admissibility in action against railroad for killing. 1915B- 226. or physical condition of deceased, ad- missibility in action for wrongful death. 1916E-652. Inconsistent statement of witness prior to occurrence as evidence of facts therein stated. 21-1238. Insane persons, insanity of ancestors or kindred, admissibility on issue of sanity. 6-29; 1918B-124. proof of insanity by general reputation. 18-935. Intention of party to action, admissibility of own direct testimony. 12-4; 1912D- 1043. Intoxicating liquors, possession of federal license as evidence of violation of liquor law, construction of statute. 1918D-775, 792. Judgment against principal as evidence against surety. 9-153; 1915D-400. Libel and slander, feelings of party, admis- sibility. 16-748. matters occurring after commencement of action, admissibility in mitigation of damages. 1914A-1037. retraction, admissibility of evidence in reduction of damages. 15-84. truth of charge, evidence admissible. 1915D-890, 906, 907. understanding of readers or hearers as to identity of person defamed, admissi- bility of testimony. 1917C-36. Malicious prosecution, acquittal in criminal prosecution as evidence of want of probable cause. 18-65; 1916E-376. 332 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EVIDENCE Continued. Negligence, insurance of defendant othel than master against liability for neg- ligence, admissibility of evidence of fact. 1914A-948; 1916E-571. Ownership, motor vehicle, license number as evidence. 1916D-1163; 1918E-737. property, name thereon as evidence. 1915D-353. Partnership as provable by general reputa- tion. 4-817. Prior accidents at same place on defective street or highway, admissibility in ac- tion for injuries. 16-636. Eeplevin, recitals in writ or bond as evi- dence of value in action on bond. 18- 113. Eeputation as admissible to establish ex- istence of private right of way. 1912A-847. incompetency of fellow-servant, general reputation as admissible in action by servant against master. 18-927. Seduction, defendant's reputation as admis- sible in evidence. 1916E-381. Usages and customs, peculiar signification of word in locality where instrument was executed, admiasibility. 1916C- 655. Value, condemnation proceedings, pries paid by condemnor for other land in same enterprise or by other than con- demnor for similar property as evi- dence of value of property taken. 20- 695; 1914A-375; 1916E-598. personalty, price paid as evidence of value. 1916D-797, 805, 810. services, price paid as evidence of value. 1916D-802. Weather conditions, materiality and im- portance in determining visibility of railroad rolling stock or street-cars. 16-357. Wills, adjudication of incompetency made subsequent to execution of will, ad- missibility on question of testamentary capacity. 1915B-1009. undue influence, preparation of will by beneficiary, admissibility as evidence. 15-551. unnatural or unjust disposition of prop- erty as evidence of testamentary in- capacity. 13-1044; 1917E-130. EVIDENCE Continued. 13. Testimony in Former Proceedings. Coroner's verdict, admissibility in subse- quent proceedings. 4-1020; 1917B- 892. Deceased witness, proof of death sufficient to render former testimony admissible. 1 7 ** G 17- ID. Forgetfulness of facts as ground of ad- mission of former testimony of wit- ness. 1914C-575. Identity of parties and issues as condition to admissibility of testimony in former proceeding by witness who has become disqualified or inaccessible. 21-179; 1914D-476. Transaction with person since deceased, admissibility of testimony at former trial. 1917B-366. Witness who has since become mentally in- competent to testify, admissibility of former testimony. 1914B-284. 14. Weight and Sufficiency. A. DEGREE or PROOF. Conclusive evidence, validity of statute making proof of certain facts conclu- sive evidence. 14734. Contract making certain state of facts prima facie or conclusive evidence, validity. 1916B-690. Death by wrongful act, quantum of proof required of plaintiff in action for. 1913A-1138. Disbelief by court or jury of certain testi- mony as affirmative evidence to con- trary. 21-1123. Divorce, degree of proof required to estab- lish cause. 1913B-1216. Insane person, proof of competency as wit- ness. 1913E-327. Judgment of conviction based on plea of guilty, conclusiveness and effect in subsequent civil action. 1917E-1111. Marriage, quantum of proof to invalidate on ground of mental incapacity. 1913B-1242. Ownership of motor vehicle, conclusiveness of license registry. 1916D-1163; 1918E-737. Preponderance of evidence as determined by mere number of witnesses. 1913D- 676. EVIDENCE. 333 EVIDENCE Continued. Price paid for services or personalty as evi- dence of value. 1916D-801. Prima facie evidence, ordinance providing that certain state of facts shall con- stitute evidence of violation, validity. 1916C-1062. statute making certain facts prima facie evidence, validity. 6-746; 1912A-465; 1916B-699. Scintilla of evidence, what constitutes. 1918B-943. sufficiency to justify submission of cause to jury. 1914B-472. Will contest, conclusiveness of testimony of subscribing witnesses with respect to execution of will. 1916D-1104. B. WEIGHT OP EVIDENCE. Admissions tending to show negligence, weight. 14-228. Automobile ownership, conclusiveness of license registry. 1916D-1163; 1918E- 737. Billheads, evidentiary effect of use of printed billhead. 1917B-271. Blood stains, weight and sufficiency of evi- dence. 15-818. Character of defendant in criminal case, weight of evidence of good character. 1913E-16. Circumstantial evidence of fraud, weight and sufficiency. 1912A-711. Comparative weight of estimate and actual measurement. 1916E-573. Deposition and oral testimony, relative weight. 1917D-758. Divorce, paramour's testimony, weight and sufficiency in action on ground of adultery. 1913A-1241. Dying declaration as, entitled to same weight as statement made under oath. 1914C-222. Expert and opinion evidence, weight of. 4-986. Foreign laws proved by lawyers, weight of testimony. 20-1342. Intoxicating liquor, possession of federal license, weight in prosecution for violation of law. 1918D-781. Letterhead or billhead, evidentiary effect of use of printed. 1917B-271. Marriage, weight and sufficiency of proof. 10-559. EVIDENCE Continued. Master and servant, general reputation of incompetency of fellow-servant, weight in action against master. 18-930. Memory of oral statements, weight of tes- timony based on. 18-1191. Perjury, weight and sufficiency of evidence in prosecution. 6-813. Photographs as evidence, weight of. 15 98; 1913D-1277. Positive and negative testimony as to lo- comotive and street-car signals, weight of. 12-1033; 18-633; 1916A-163. Private detective's testimony, weight. 1917A-589. Railroads, person injured at crossing, weight of testimony that he did not see or hear train approaching, when evidence shows that he must have seen or heard it if looking or listening. 1912B-1133. Steam, injuries resulting from generation or use, weight and sufficiency of evi- dence. 1915D-854. Suicide relied on as defense to action on life insurance policy or benefit certifi- cate, weight and sufficiency of evi- dence. 17-34; 1913C-1261. Testamentary capacity, comparative weight of testimony by physician and layman on question. 1914D-343. Uncontradicted testimony, weight of. 4- 982; 12-245. "Want of similarity between statements of witnesses as to transaction occurring long previous thereto as affecting weight of testimony. 1913A-793. Weather records as evidence, weight. 19 854. C. SUFFICIENCY OF EVIDENCE. Accidental death under accident insurance policy, sufficiency of evidence. 9-921; 1916B-229. Acknowledgment, impeachment of certifi- cate, evidence requisite. 7-251; 1917A-368. Assault with intent to commit robbery, sufficiency of evidence. 1918A-416. Confusion of goods, sufficiency of evidence in action to recover for tortious or wrongful confusion. 1913E-673. Deed found in grantor's possession after his death, sufficiency of evidence of de- livery. 1914C-858. 334 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EVIDENCE Continued. Finger-prints, sufficiency as evidence. 1917A-417. Gas, injury caused by escape prom pipes, sufficiency of evidence. 1914C-356; 1916E-280. Gift of land, evidence sufficient to estab- lish parol gift. 12-494; 21-289. Handwriting, probative effect on issue of genuineness of similarities or dissimi- larities in manner of writing words or letters, sufficiency. 1913B-1317. Infants, emancipation of infant, sufficiency of evidence. 1917D-585. Insanity, suicide as evidence of. 1912A- 44; 1916E-488. Lost instrument, proof establishing con- tents, sufficiency. 2-41; 1917A-1104. Mailing of letter, sufficiency of evidence to show. 19-651; 1917E-1076. Marriage, proof by testimony of eye-wit- ness. 1916A-653. Nunc pro tune amendment of record on en- try of judgment, sufficiency of evi- dence to warrant. 1915D-681, 692. Personal injury for which suit is brought, sufficiency of proof of infliction "on or about" certain day. 1916A-217. Reformation, mutual mistake warranting reformation of instrument, sufficiency of evidence. 19-360. Safeguards, practicability of guarding ma- chinery from which servant has sus- . tained injury, sufficiency of evidence. 18-133. Trusts, establishment of constructive or re- sulting trust, sufficiency of evidence. 1916D-1194. 15. Practice In Taking Testimony. Bill of particulars, right as to matters of evidence in negligence action. 1916B- 108. Failure to object to admission at former trial as precluding objection at subse- quent trial. 19-1279. Libel or slander action, admissibility a matter for court under statute em- powering jury to determine law and facts. 1915D-1268. Production for use in other jurisdictions, duty of court to compel irrespective of its admissibility. 6-577. EVIDENCE Continued. Rule of court dispensing with introduc- tion of evidence on point not dis- puted by parties, validity. 1912D- 795. Taking of evidence, term "corporation" in statute as including municipal cor- poration. 1913B-747. EXAMINATION. ee Physical Examination. EXAMINERS. Bank examiner. See Banks. Title examiners. See Abstracts of Title. EXAMINING MAGISTRATES. See Magistrates. EXCAVATIONS. Abutting owner creating in highway as giving municipality right of action over for damages paid. 14-1048. Adjoining building injured by land owner excavating own premises, lia- bility. 21-15; 1917A-352. Attractive nuisance doctrine as applicable to excavation or the like made by city. 1915C-288. Contract, supplementing by proof of col- lateral oral agreement. 1914A-457. Independent contractor, person employed in excavating or filling land. 19-23;, 1918C-655. Lights, liability of master for injuries to servant resulting from insufficient lighting. 20-12. Mines and minerals, unguarded mining excavation, liability of mine owner or operator for injuries resulting. 1916E-484. Owner of land, Ikibility to adult licensee who falls into excavation thereon. 1913C-750. Sliding rock, earth, etc., causing injury to servant, liability of master. 7-301; 21-708. Streets, excavation for laying water-pipes. 10-1100. injury from excavation in street, ap- plicability of rule that complaint must allege negligence as proximate cause of injury. 1913E-82. EXCEPTIONS EXECUTION. 335 EXCEPTIONS. See Appeal and Error; Deeds; Statutes; Trial. EXCESS. Apportionment of excess of lands sub- divided into tracts. 1912A-1273.* EXCESSIVE LEVIES. Executions, ground for setting aside salo. 12-339. liability of officer in damages for ex- cessive levy. 1914A-306. EXCESSIVE VERDICT. See Damages; Verdict. EXCHANGE. Negotiability of note payable "with ex- change." 1-385; 1912D-4. EXCHANGE OF PROP- ERTY. Agent's authority to exchange property under power to sell. 10-421. Breach of contract to exchange property, measure of damages. 15-475. Broker's right to commission where ex- change defeated by act of owner. 20-1025. False representations inducing exchange, measure of damages. 15-458. Inability of party to perform contract for exchange, measure of damages. 2- 635. Meaning of "about" with reference to quantity in contract to exchange land. 1918D-704. Parol contract as affected by statute of frauds. 1912A-308. Specific performance of contract. 1918D- 717. EXCHANGES. See Stock Exchanges. EXCHANGING WORK. Injury to employee exchanging work with another as accident arising out of and in course of employment under Work- men's Compensation Act. 1913C-10. EXCISE COMMISSIONERS. Necessary expenses, ' what constitute. 1918D-926. EXCISE TAXES. gee Licenses; Taxation. Distinction between excise tax and prop- erty tax. 1914B-643. EXCLAMATIONS. Pain, admissibility in evidence in actions involving bodily injuries. 15-799; 1916A-830. EXCLUSION FROM COURTROOM. Eight of criminal court to exclude persons from courtroom. 9-111; 20-632; 1917E-625. Witnesses, effect of disobedience of rule excluding witness from courtroom during trial. 9-368. EXCLUSION OF JURY. Exclusion during argument relative to ad- missibility of evidence. 20-1141. EXCLUSIVE PRIVILEGES. Constitutionality of statutes granting ex- clusive rights or privileges. 1-847. Depot grounds, right of railroad company to grant exclusive privileges on grounds. 2-190; 14-494; 1918A-702. EXCULPATORY STATE- MENTS. Prior exculpatory statement by accused, admissibility to contradict evidence given by him or on his behalf at trial. 1917D-1101. EXECUTION. Legal execution of insured as bar to ac- tion on life insurance policy. 13-133. 336 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXECUTIONS. 1. In General. 2. Issuance of Writ. 3. Property Subject. 4. Levy of Writ 5. Execution Sale. A. GENERALLY. B. EIGHTS OF PURCHASER AT INVALID SALE. Bee Exemptions; Judicial Sales; Sheriffs and Constables. EXECUTIONS Continued. Lien of execution, territorial extent. 1913E-198. Part only of judgment debt, issuance for. 19-464. Priority, issuance as giving priority to one of several equal judgments. *1917D-187. Supersedeas, effect upon execution after its issuance. 5-786; 1914C-1223. Time for issuance as computed by exclu- sion or inclusion of Sunday or holi- day. 1917E-941. 1. In General. Assignment of execution to or for benefit of judgment debtor as affecting judg- ment lien. 1917C-557. Debtor's rights and remedies against cred- itor who issues execution after debt has been paid. 19-368. Delay in issuance or levy of execution through fraud of debtor, right of execution creditor. 21-934. "Freeholder," defendant in execution as freeholder. 1913D-333. Insane persons as subject to execution. 15-356. Lien of attorney on execution in his pos- session connected with litigation. 1917D-149. Lost or destroyed writ of execution, proof by parol of contents. 1916D-252. Eemedy by execution as affecting right of action on domestic judgment. 4- 169. Replevin, possession under execution, right to show under general denial. 20- 299. Statutes relating to executions, effect of partial invalidity. 1916D-80. Stay of execution in subsequent action pending garnishment proceedings against same debtor. 9479. 2. Issuance of Writ. Death of judgment debtor, right to is- sue thereafter. 1912D-1047. Injunction to restrain execution on dor- mant judgment. 13-862; 1918C-325. Interlocutory order for payment of money, issuance of execution to enforce. 1912D-178. 3. Property Subject. Corporate stock, rights of unregistered transferee as against levy. 211394; 1917A-128. Interest, effect of variance of execution from judgment as regards collection. 8-169. Intoxicating liquors, liability to. 17-300, Judgment as subject to levy and sale. 21-745. Legacy as subject to execution. 21-201. Lessee's interest as subject to levy. 15 867. Life insurance proceeds as subject to- execution. 2-91. Purchaser's interest acquired at execution sale, liability to levy and sale under execution. 8-475. Quasi-public corporations, property or franchise as subject to sale. 5-512. Stranger's goods mixed with those of debtor, right of officer to levy on. 18-948. Surplus in hands of officer after satisfy- ing execution, levy under subsequent execution. 6-655. Trust deed, grantor's interest as liable to- execution. 1913A-1049. 4. Levy of Writ. Evidence of officer's right to make levy,. execution as. 18-1128. Excessive amount of property levied on,. liability of officer in damages. 1914A-306. Indemnity for enforcing execution, right of officer to demand. 16-1045; 1914B- 859. EXECUTIVE OFFICERS. 337 EXECUTIONS Continued. judgment against principal on indem- nity bond as evidence against surety. 1915D-410. Ownership of personalty levied on, direct opinion of witness as admissible. 1912C-666. Belease of personal property, payment made under duress to obtain. 1913A- 1355. Eeplevin for goods seized under process against another, right to maintain. 7-907; 11-302. Beturn of execution, amendment in re- spect to officer's signature. 17-459. Standing crop, sufficiency of levy. 15- 884. Title to personalty levied on, admissibil- ity of acts or statements of defendant on issue while in possession of prop- erty. 1914D-690. 5. Execution Sale. A. GENERALLY. Bids, caveat emptor rule as precluding defenses by bidder. 18-501. chilling or puffing bids, vacation of sale on account of. 3-423. Breach of condition in fire insurance pol- icy as to ownership of property, exe- cution sale as constituting. 2-358. Commission for selling property under execution, right of officer where party entitled to proceeds bids in property. 1915C-1123. validity of statute allowing sheriff or similar officer percentage of amount collected for selling property. 1913B- 1299. Deficiency judgment on execution sale as lien on property after conveyance by judgment debtor during redemption period. 13-320. Estates-tail as barred by execution sale. 1912B-61. Fraudulent conveyance, right of execution purchaser to recover possession in ac- tion of ejectment. 1914C- 975. Injunction against execution sale. 1918C- 152, 324, 325, 328, 330, 332. Index to Notes 22 EXECUTIONS Continued. Judicial sale, execution sale as. 1913A- 1217. Junior execution, rights of parties on sale under. 1917B-710. Leased lands sold on execution, right of purchaser to rents. 1912B-398. Partition, right of purchaser at execution sale to maintain action. 1915D-1097. Payment by purchaser at execution sale, proper medium of payment. 1915C- 996. Quieting title, right of purchaser at exe- cution sale to bring suit. 1913B- 380. Beplevin of property sold under process against another, right of lawful owner to maintain. 7-909. Sale of property in parcels or en masse. 8-741; 1913B-619. Satisfaction of sale by sheriff under im- plied promise by defendant to refund, right to recover payment. 12-381. Setting aside execution sale, excessive levy as ground. 12-339. parties, plaintiff in execution as neces- sary party. 5-260. Sheriff's deed, effect of misrecital in deed. 1913B-195. B. BIGHTS OF PUBCHASER AT INVALID SALE. Incumbrance paid by purchaser under void execution sale, right to recover amount. 1915C-594. Limitation of actions, effect of statute as protecting purchaser at void sale. 9-874. Property sold not belonging to judgment debtor, right of purchaser to recover from judgment creditor. 1913B-544. Restitution where property sold un- der judgment subsequently reversed, amount of. 15-672. EXECUTIVE OFFICERS. Fines and forfeitures, power to remit. 17-603. Governor, immunity from judicial control. 3-391; 11-620; 1913B-789. Kestraint of speech or press by executive as unwarranted. 15-8. 338 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXECUTORS AND ADMIN- ISTRATORS. 1. In General. 2. Appointment and Removal. 3. Bonds and Sureties. 4. Assets and Inventory. 5. Powers, Duties and Liabilities. A. GENERALLY. B. PERSONAL LIABILITY. 6. Claims Against Estate. A. GENERALLY. B. BAR OF NONCLAIM. " 7. Suits Affecting Estate. 8. Sale of Property. 9. Distribution of Estate. 10. Accounting. 11. Compensation. 12. Administrators Pendente Lite and De Bonis Non. 13. Executors De Son Tort. See Descent and Distribution. 1. In General. Amicus curiae, right to object to adminis- tration proceedings. 1915A-196. Appealable orders in administration pro- ceedings. 19130-850. "Child" in statute relating to administra- tion of estates as including illegiti- mate child. 1918B-254. Consul, rights end duties of consul with respect to decedent's estate. 1913D- 654; 1916D-237. Corporation as included under word "per- son" in statute relating to decedents' estates. 20-747. Creditor's bill, reaching interest in estate by. 1914B-959. Death, grant of letters as evidence of death. 1918A-1011. Declarations of executor as admissible on issue of undue influence in execution of will. 1913A-87. relationship to decedent, declarations in behalf of relative or declarant who is claimant of decedent's estate. 21-1305; 1915C-1044. Election to take under wife's will, act of husband as executor as constituting. 1916C-1207. EXECUTORS AND ADMINISTRATORS Continued. Equity jurisdiction of settlement of de- cedent's estates. 2-870. Executory contract of decedent for pur- chase of realty, descendible and de- visable quality as realty. 8-954. Infants, necessity and propriety of ad- ministration upon estate of minor. 7-861. Limitation of actions, application of gen- eral statutes to proceedings for ad- ministration of decedents' estates. 2-773. Partnership realty, right of heir as against personal representative on death of partner. 1912D-1207. Person presumed to be dead, right to and effect of administration on estate. 3-1126; 7-881; 14-148; 1913B-556; 1915C-114. Privileged communication to decedent as subject to waiver by personal repre- sentative. 10-1118; 1913A-100. Prohibition to arrest proceedings in pro- bate court. 1914A-138. Property right warranting grant of ad- j.. ministration, right of action within jurisdiction as sufficient. 1917C- 1217. Public administrators, 1918B-1059. Regularity of administration proceedings, presumption arising from lapse of time. 1913A-1038. Eesidence as synonymous with "domicile" in matters of administration and pro- bate. 1915C-787. "Right heirs," phrase as used in will as including personal representatives. 16-299. Stranger, questions of title to property between estate and stranger, jurisdic- tion of probate court to determine. 6-878. Taxation of decedent's personal property, situs for purpose. 1-438; 2-851. Title to real estate, power of probate court to determine questions inciden- tally involving. 5-192. \ questions of title between stranger and estate, jurisdiction of probate court to determine. 6-878. Wills, executor as attesting witness, com- petency. 15-789. EXECUTORS AND ADMINISTRATORS. 339 EXECUTORS AND ADMINISTRATORS Continued. Witnesses, transactions with deceased per- son, waiver by personal representa- tive of incompetency of witness to testify. 1913A-682. 2. Appointment and Removal. Alien or nonresident, right to act. 3- 988; 1912A-747. Annulment of letters on subsequent ad- mission of will to probate. 9-962. Appeal and error, order appointing or de- nying appointment of executor or administrator, right to appeal from. 1913C-858. revocation of grant of letters, necessity that personal representative give bond on appeal from order. 20-416. Change of residence to another state as disqualifying personal representative from acting. 3-991. Coadministrator, power of court to ap- point against consent of persons en- titled to administration. 4-550. Collateral attack on decree granting let- ters testamentary or of administra- tion. 4-1117; 1912A-983; 1915D-1095. Corporation, right to be executor. 1913B- 1165. Creditor entitled to letters of administra- tion, who is. 1915A-55. Executor, who may be. 1913B-1162. Intervention and contest by state of ap- pointment of administrator for intes- tate estate. 1913C-1035. Nomination of administrator to exclusion of person next entitled, right of per- son entitled to administer. 17-948; 1914A-1014. Eemoval of executor or administrator, power of court. 1915D-284. Renunciation of trust by executor, what constitutes. 20-836; 1918D-459. retraction of renunciation, right of ex- ecutor. 1916D-1301. Resignation or removal of executor, ef- fect on his powers or duties as trus- tee. 1914C-609. Revocation of appointment of adminis- trator by subsequent discovery of will. 1917B-1128. EXECUTORS AND ADMINISTRATORS Continued. Widow qualifying and acting, effect upon right of election under will. 4-1037. 3. Bonds and Sureties. Debt of personal representative to de- cedent, liability of his sureties. 2 355; 1916D-636. Judgment against executor or adminis- trator as evidence against surety on official bond. 9-155; 1915D-402. Property not assets of estate coming into hands of personal representative, lia- bility of executor or administrator and his sureties. 19-560. Suit on bond of administrator, right to bring in state other than that in which he was appointed. 1913B- 348. Sureties on bond fewer than required number, validity and effect of bond. 9-710. 4. Assets and Inventory. Advancement made to member of de- cedent's family, right of personal representative to recover. 1917A-134, 141. Appeal from order relating to inventory of estate, right of. 1913C-860. Condemnation money, right of personal representative as against heir or devisee. 1912C-595. Crops, growing crops as passing to per- sonal representative in absence of statute. 17-943. Damages to property simultaneous with death of owner, claim for as assets of estate. 6-388. Indebtedness of executor or administrator to estate, duty to retain from his distributive share. 6-810. Mortgage to deceased or debt secured thereby, effect of appointment of mortgagor as executor or adminis- trator of mortgagee. 1912D-667. Real estate acquired for benefit of estate as realty or personalty. 7-703. Release of debt to testator, appointment of person as executor as constituting. 1913E-1278. Settlement of claim in favor of estate by sole distributee, binding effect upon administrator. 10-555; 1913B-228. 340 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXECUTORS AND ADMINISTRATORS EXECUTORS AND ADMINISTRATORS Continued. Continued. Shares of stock, situs for purposes of ad- ministration. 1915B-702. 5. Powers, Duties and Liabilities. A. GENERALLY. Appeal from judgment refusing probate, power of executor. 1917C-1079. Attorney, power to employ under express contract as to amount of compensa- tion. 1917B-216. Election under will, power of personal rep- resentative of husband to exercise right under wife's will. 1912B-529. Execution sale, right of personal repre- sentative to enjoin. 1918C-260. Fiduciary capacity, executor or admin- istrator as acting in, within meaning of Bankruptcy Act. 1915A-1297. "Interest," term as including adminis- trator's interest in decedent's real estate. 1912B-524. Investments beyond jurisdiction of ap- pointing court, right of fiduciary to make. 14-834. Judgment recovered by domiciliary admin- istrator in representative capacity, right to sue in another jurisdiction. 1913B-626. Lease of oil and gas lands, power of ex- ecutor to make. 1-406. Money expended in unsuccessful attempt to sustain will, right of testamentary executor to recover from estate. 18- 741; 1918D-166. Necessary expenses of decedent's estate, what constitute. 1918D-923. Pledge of personalty by executor or ad- ministrator, validity as against estate. 1912C-979. Probate judge interested as executor or administrator, disqualification. 1912C- 1167. Purchase of interest of legatee, devisee, distributee, or heirs in estate by ex- ecutor or administrator, validity and enforceability. 1913A-1115. Wills, power or duty of personal repre- sentative to contest. 1918B-537. B. PERSONAL LIABILITY. Carrying on business in which deceased was engaged at time of death, per- sonal liability for conducting without authority. 1912B-728. Contracts, individual liability of personal representatives under original con- tracts founded on new consideration. 1-769; 18-292. invalid contract as imposing no personal liability. 1-774. Covenant in deed to realty of decedent, personal liability of executor or ad- ministrator. 1914D-903. Frauds, statute of, promise made by ex- ecutor or administrator, construction of provision of statute relating to. 1913C-396. Inheritance tax, personal liability for payment. 1915A-265. Loans for use of estate as binding rep- resentative or estate. 1-771. Property coming into hands which is not assets of estate, liability of personal representative and sureties. 19-560; 1915D-121. Rents of leased premises held by de- cedent, liability of personal represen- tative as constructive assignee. 1916E-820. Tortious or negligent acts, personal lia- bility to third person. 21-355. 6. Claims Against Estate. A. GENERALLY. Appeal, order refusing or allowing claim against decedent's estate, right to ap- peal. 1913C-860. Attachment of property of decedent's es- tate under writ against personal rep- resentatives, right of creditor. 5-912. Bill in equity to enforce payment of debt, right of creditor of decedent where no personal representative has been appointed in forum. 20-844. Building contract by deceased contractor, obligation as binding personal rep- resentative. 1912A-420. Carrying on business as directed by will, liability of entire estate of decedent for debts contracted. 1915C-367. "Claim" against estate, claim for legacy or distributive share as constituting claim within statute providing for ad- EXECUTORS AND ADMINISTRATORS. 341 EXECUTORS AND ADMINISTRATORS Continued. ministration of estates of deceased persons. 20-855. undue claim, right of owner to have declared valid claim against dece- dent's estate. 1913D-1221. Enforcement against heir or devisee of claim against decedent's estate as precluded by failure to file or ex- haust remedies against personal rep- resentative. 1917C-96. Federal court jurisdiction to establish claim of foreign creditor against es- tate of decedent. 1913D-464. *. Fine imposed in criminal case as recov- erable against estate. 19-1147. Funeral expenses, right to recover in action against executor or adminis- trator in representative capacity. 1915D-746. Garnishment of funds held by executor or administrator. 2-921. Monument or tombstone, liability of de- cedent's estate for cost. 1917B-25G. Payment of claims against estate, pri- mary liability of lapsed legacy or devise. 3-719. Presentation of claims, mechanic's lien claim, presentation against decedent's estate as condition precedent to fore- closure. 1913D-275. mortgage against decedent's estate, presentation of claim as condition precedent to enforcement. 1917B- 156, 164. necessity of presentation as dispensed with by provision in will for pay- ment of debt. 15-624. Priority, attachment lien not perfected by judgment during husband's lifetime as prior to widow's share in estate. 1913A-343. insolvent debtor's estate, priority of debts and claims of state. 4-793. judgment, priority between judgment and expenses of administration, funeral and last illness. 1912A-778. "Require," legal meaning in statute re- lating to notice to creditors of de- cedents. 1912A-1239. Services rendered decedent, right to re- cover for, where attempt in will to make payment fails. 1913A-480. EXECUTORS AND ADMINISTRATORS Continued. Setoff by personal representative in action brought against him as such. 8-307. Stockholder's liability, enforcement against his estate. 1913A-384; 1916C-685. Subrogation of one advancing money to pay debt or incumbrance against de- cedent's estate, to creditor's rights. 11-676; 1915C-130. Suretyship, failure of creditor to file claim against principal's estate as releasing surety. 1912D-811. Taxes on property which escaped taxation during decedent's lifetime, liability of estate. 18-350; 1913C-1373. B. BAB or NONCLAIM. Funeral expenses, running of statute of limitations against claim. 19-791. Nonclaim, exceptions to and interrup- tions of statutes of nonclaim. 3-576. Payment to creditor of claim barred by statute of nonclaim, right to recover. 1915B-260. Eemoval of bar of nonclaim, institution of suit as sufficient presentation of claim against decedent's estate to effectuate. 14-931. Revival of barred debt by inclusion in inventory of assets or schedule of lia- bilities. 4-940. Setoff, right of person sued by personal representative to set up claim against deceased not presented within stat- utory period. 7-850; 1914D-224. 7. Suits Affecting Estate. Chattel mortgages, right of personal representative of insolvent to 'assail validity. 2-712. Death by wrongful act, alien's death, right of administrator of estate to sue for. 12-223. recovery by administrator for death of wife as bar to recovery by husband for tort. 14-554. settlement of claim by personal repre- sentative as bar to recovery. 1916D- 351. Ejectment for lands of deceased, right of personal representative to bring. 15-569. 342 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXECUTORS AND ADMINISTRATORS Continued. Forma pauperis, right of personal repre- sentative to sue in. 1-805. Fraudulent conveyance by decedent, right of personal representative to set aside. 18-37; 1915B-212. Insolvent estate, payment made to cred- itor in excess of pro rata share, right of personal representative to recover. 19-794. Joinder of executor or administrator as defendant in both personal and repre- sentative capacity. 3-287. Legatee's or distributee's right to sue for assets belonging to decedent's estate. 4-193; 20-95. Limitation of actions, death by wrong- ful act, commencement of running of statute against action. 17-519. new promise to personal representative of deceased creditor as removal of bar of statute. 5-812. waiver of statute by personal repre- sentative. 1912A-6. Mechanic's lien, personal representative as necessary or proper party to fore- closure action. 1918B-16. Mortgages, necessity that executor of mortgagor filing bill to redeem mort- gaged property pay all debts subse- quently contracted between him and mortgagee. 1914A-733. Pleading, necessity of alleging that snit is brought in representative capacity. 1916E-114. Quieting title to decedent's real estate, right of personal representative to maintain action. 1913A-996. Setoff by defendant of claim against de- ceased not presented within statutory period, right in action by personal representative. 7-850. Witness, competency of physician in ac- tion against estate for medical ser- vices. 8-147. 8. Sale of Property. Appeal, sale and conveyance of decedent's realty, right to appeal from decree relating to. 1913C-861. Collateral attack, immunity of order of probate court for sale of decedent's real estate. 3-234. EXECUTORS AND ADMINISTRATORS Continued. Conveyance by personal representative, as such, of property of estate as estoppel against claim of personal in- terest therein. 20-76. Deed by executor or administrator to person other than purchaser, validity. 5-708. Executor as sole devisee of realty, duty to account for proceeds of sale. 1914A-194. Frauds, statute of, sales by administrators as affected by statute. 7-1072. Implied power of executor to sell real estate of testator. 1916D-410, 448, 449, 451. Injunction against sale of realty by ex- ecutor under power in will, right of heirs or legatees to enjoin. 1912B- 1019. Leave to Bell decedent's realty, limit of time within which will be granted. 1917C-600. Lien of judgment against heir or devisee as attaching to land sold by executor. 1915C-1022. Limitation of actions, effect of statute to protect purchaser at executor's or administrator's sale. 9-872. 9. Distribution of Estate. Appeal from order made in distribution of decedent's estate. 1913C-862. Death of beneficiary, right of succession to fund in hands of executor or trus- tee under will giving latter discre- tion in paying fund to beneficiary. 1912D-1177. Heir's distributive share in realty as chargeable with his indebtedness to estate either as against land itself or proceeds of sale. 7-563; 1916D- 1294. interest, when chargeable on advance- ment in distribution of testate estate. 1918E-287. Joint debt of estate, right of personal representative to set off legacy or distributive share due to one of joint debtors. 21-812. Limitation of action against distribution of decedent's estate, concealment of facts as affecting running of statute. 1918D-316. EXECUTORY CONTRACTS EXEMPTIONS. 343 EXECUTORS AND ADMINISTRATORS Continued. Nonpayment of legacy to which presump- tion of payment has attached, burden of proving. 2-747. Widow's allowance, effect of voluntary eeparation on right. 1916C-S66. 10. Accounting. Appeal for judgment rendered on re- port, account or settlement of ex- ecutor or administrator. 1913C-858. Lapse of time as barring right to compel accounting by personal representative. 15-481. 11. Compensation. Appeal from order relating to executor's allowance and fees. 1913C-861. Devise or bequest to executor as provision for compensation for services as such. 1913D-993. Extra allowance for extraordinary ser- vices, right of executor or adminis- trator. 1913A-1267; 1915A-149. Fees of administration, validity of stat- ute fixing. 1916C-213. Heir or legatee, who performs services in connection with settlement of estate, right to compensation. 1916B- 196. Legal services of executor or adminis- trator, right to compensation for. 1913A-1273. 12. Administrators Pendente Lite and De Bouis Non. Administrators pendente lite, appointment and powers. 6-263. Appeal from judgment refusing probate, power of administrator with will annexed. 1917C-1079. Appointment of administrator de bonis non after final settlement of estate. 5-497. Foreign wills, letters of administration with will annexed, who entitled to. 1914D-124. Power conferred on testamentary -ex- ecutor, right of administrator with will annexed to execute. 16-329. EXECUTORS AND ADMINISTRATORS-^ Continued. 13. Executors De Son Tort. Intermeddling, what acts charge 'person as executor de son tort. 1917E-3, 25. Subsequent grant of letters of admin- istration as validation of acts of ex- ecutor de son tort. 5-58. Validity and effect of acts of executor de son tort with respect to rightful representative of estate. 1914A-263. with respect to third persons. 1912A- 534. EXECUTORY CONTRACTS. Assignability. 1-853. EXEMPLARY DAMAGES. See Damages. EXEMPTIONS. See Income Taxes; Inheritance Taxes; Licenses; Process; Special Assess- ments; Taxation. "Apparatus," meaning as used in statute. 1912C-610. Bankruptcy, exemption from, execution as affecting insolvency within bank- ruptcy law. 11-449. Barbers, exemption as applicable to bar- ber's tools. 15-264. Cemetery or lot therein, exemption from execution as including special assess- ments. 1912A-1055. "Child" in statute relating to exemption of head of family or householder as including illegitimate child. 1918B- 256. Conversion of exempt property, judgment for as subject to setoff by other judg- ment. 14-322. Costs, application of exemption from ex- ecution to liability or judgment for costs. 13-258. Creditor's bill to reach property exempt from execution. 1914B-955. Extending or lessening exemption from execution, validity of statute. 1912B- 259. Garnishment, duty and liability of gar- nishee in respect to exemption right of principal debtor. 5-169. 344 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXEMPTIONS Continued. Homestead, adopting parent or adopted child, right to benefit of homestead exemption. 21-1032. crops, homestead exemption as ex- tending to. 1912A-120. federal statute exempting land acquired as homestead from liability for debt contracted prior to issuing of patent, construction. 1912D-283. hotel or lodging-house, homestead ex- emption es extending to premises used for. 1913E-1256. husband's right to assert exemption from debts where title is in wife. 14-1157. lease of part of premises as affecting right of exemption. 16-1038. losg of homestead exemption by loss of family. 12-717; 21-1148. Horses, construction of statutes exempt- ing horses from execution. 6-779. Injunction against execution sale of ex- empt property. 1918C-219. Insurance policies exempt under state lawg from claims of creditors as exempt under national Bankruptcy Act. 20-1191. "Necessary," meaning of term as used in exemption statute. 1918D-173. Nonresident, right to claim exemption in absence of express restriction in statute. 10-500. Pension or bounty, exemption from ex- ecution. 17-1191. Piano as exempt from execution. 1914D- 508. Preparation of debtor to remove from state as affecting right of exemp- tion. 1913C-729. Presumption and burden of proof of statutory exemption from execution. 1914C-245. Successive exemptions, right of debtor to claim. 4-220. Transfer of exempt property in payment of debt, statute forbidding creation of lien as preventing. 1912A-671. Vehicle as tool, implement or instrument within exemption statute. 1917D-96. Wages exempt from execution, right to set up counterclaim or setoff against demand. 1914A-1183. "Wearing apparel," meaning of term in exemption statutes. 15-159. EXERTION. Disease arising from overexertion as ac- cident under Workmen's Compensa- tion Act. 1918B-330. EXHAUSTION OF LAND. Exhausting land as waste. 1918D-552. EXHIBITIONS. See Fairs and Expositions; Theaters and Amusements. Independent contractor as tested by char- acter of employment with respect to exhibition. 19-23. Sunday laws, exhibition as within pro- hibition. 21-681. EXHIBITS. Depositions, identification of exhibit re- ferred to in deposition. 1918E-282. Evidence against accused, right to be given opportunity to inspect exhibits. 1914B-902. Personal injury case, right of plaintiff to exhibit person to jury. 1913D- 245. Variance between exhibit and pleading in civil case, which governs. 16- 490. EXHUMATION. Power of court to order exhumation of dead body for evidentiary purposes. 1916D-331. EXISTENCE OF PAYEE. Subscription, validity as dependent on. 1913B-241. EXONERATION. See Ball; Suretyship. Damages paid on account of unsafe high- . way, exoneration between municipal- ity and abutting owner. 1-945; 15- 1047; 1918C-1144. EX PARTE ORDERS EXPERT WITNESSES. 345 EX PARTE ORDERS. Appeal from ex parte order, right of. 10-38. Making ex parte order without formally instituting action, right of court. 1913B-104. EXPATRIATION. Expatriated person as alien enemy. 1916D-306. Women, effect of marriage on citizen- ship. 1915B-265. EXPECTANCY. Quitclaim deed, sufficiency to pass inter- est in expectancy. 1913C-367. Eelease by heir to ancestor, validity. 1913B-451. Transfer of expectancy made by teir or beneficiary to stranger, validity. 1916E-1241, 1259, 1263, 1267; 1917D- 945. EXPENSES. Attachment, liability for expense of keeping attached property, 1913E- 758. Attorney's .fees as included under ex- penses. 1914C-1300. Defending assault on title, expense as payable by covenantor under covenant of warranty or against incumbrances. 1913B-873. Elections, candidate at primary or election required to file statement of expenses, validity and construction of statute. 1915A-356. statute limiting expenditure as vio- lating constitutional liberty of speech and press. 1915B-1186. Legal proceedings, authority of attorney to incur expenses for client. 1912D- 313. Necessary expense in administering trust estate, what is. 1918D-924. Eeceivers, liability of party procuring appointment for expenses of receiver- ship. 13-1161; 1913B-538. preference in distribution of assets, costs and expenses of receivership of EXPENSES Continued. private corporation as entitled to. 7-585. Trusts, expense incurred in protecting corpus as payable out of income or corpus. 1918E-956, 960, 982, 992. Usury, borrower required to pay ex- penses of loan as constituting usury. 1914C-410. EXPERIENCE. Servant, incompetency as dependent on inexperience. 1912C-98. Testimony opposed to common experience, withdrawal from jury. 1917B-473. EXPERIMENTS. Admissibility in evidence to show that occurrence could not have happened as alleged. 1912D-1264. Experiments made in presence of jury, admissibility in evidence. 7-216; 1912B-296. Jury, articles introduced in evidence, right of jury to experiment with. 1915B-744. view by jury, right to make evidence for themselves by experiment. 18- 571. Master and servant, experiment by master with new and untried device as neg- ligence. 1912C-335. Tables compiled from and showing results of experiments, admissibility in evi- dence. 1912C-189. EXPERT ACCOUNTANTS. County or other municipal corporation, power to employ expert to examine public accounts and records. 1913B- 1087; 1917D^t42. Failure to disclose true status of accounts, liability. 1914C-722. Fees of expert accountant, personal lia- bility of attorney for. 1917B-525, EXPERT WITNESSES. Appointment by court as witnesses in criminal cases, validity of statute providing for. 1912B-691. 316 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXPEET WITNESSES Continued. Arbitrators appointed on account of special knowledge, necessity of tak- ing testimony. 8-511. Attorney's services, admissibility of ex- pert evidence on question of value. 20-53; 1914D-369. Construction work, competency of expert to testify whether was properly done. 1912D-903. Cross-examination as to competency be- fore testifying, right of. 7-583. Examination in connection with use of scientific books. 16-818. Expectancy of life, competency to testify to. 10-621. Facts upon which opinion of expert wit- ness is based, necessity of stating. 20-883. Hypothetical questions to witness, neces- sity of containing all evidence on point in issue. 18-646. Number of expert witnesses, power of court to limit. 1916B-772. Physician, competency to testify as ex- pert in respect to wound or injury where he has not had similar case. 14-137. Qualification of witness to testify as matter resting in discretion of trial court. 1912D-817. Temperate or intemperate condition of person, competency of witness to tes- tify to. 13-253. Ultimate fact, whether witness may give opinion as to. 1914B-191. Weight of testimony by expert. 4-986. EXPIRATION OF CHARTER. Dissolution of corporation at instance of minority stockholder, expiration of charter as ground. 1918E-426. EXPLOSIONS AND EX- PLOSIVES. Blasting accompanied by actual physical invasion of property, liability for in- jury to property. 11-347. concussion or vibration causing injury to property. 2-201; 19-787; 1916C- 1176. EXPLOSIONS AND EXPLOSIVES Con- tinued. independent contractor, liability of owner of premises for damages caused by. 14-1161. railroad company's liability for dam- eges caused by blasting to land through which it has acquired right of way. 19-339. Boilers, "domestic purposes," meaning as used in Boiler Explosion Act. 1912B- 21. insurance against boiler explosions. 1915A-651. liability for injuries resulting from boiler explosion-. 1915D-850, 862. res ipsa loquitur doctrine as applicable to boiler explosion. 1912A-980; 1914D-971. Carrier of goods, liability of person ship- ping explosives to carrier. 18-20. "Dealer," seller of powder as dealer. 1917A-961. Fire insurance liability under policy ex- cepting explosions from risks cov- ered. 5-780; 1913A-1300. Fireworks, injuries resulting from dis- charge, liability. 5-539; 13-547. Gas escaping from pipes, liability of gas company for injuries. 1914C-357. Inducement to violate law regulating manufacture with view to prosecu- tion as defense to such prosecution. 1916C-733. Injunction to restrain keeping or storing. 14-594. Kindling fire by use of kerosene or similar substance as negligence. 1912A-630. . Master and servant, explosives used in prosecution of work, duty of master to warn servant of danger. 12-248. Mechanic's lien, explosive for blasting as "material" for which mechanic's lien may be had. 5-446. Mines and minerals, premature explosion, liability of mine owner to servant for injuries caused. 1913C-954. "Peril of sea," explosion of boiler as within marine insurance policy. 1912D-1041. Person keeping and storing explosives, liability for injuries caused by ex- plosion. 10-456; 20-827; 1916C-820. EXPORTS EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. 347 EXPLOSIONS AND EXPLOSIVES Con- tinued. Prescriptive right to maintain public nuisance in keeping explosives. 17- 793. Seller's liability for injuries caused by explosive. 5-181; 12-267; 1913E-399. Storage of gasoline or other explosive as nuisance. 1916C-820. keeping within municipal limits, va- lidity of ordinance regulating. 1918E-145. Throwing away small quantity of explo- sive, liability as for negligence where person injured thereby. 1915A-146; 1917B-345. Torpedo, liability of railroad to persons injured by. 1914C-1110. Toy pistol, liability of seller in damages for injury to child resulting there- from. 1913C-S04. Trespassing children, liability of owner of premises for injury to. 5-503. Workmen's compensation, injury from ex- plosion as arising in course of em- ployment within act. 1916B-1299; 1918B-804, 810, 812, 817, 818. EXPORTS. Taxation of articles exported. 1915D- 1090. Trademark infringement, application of domestic statutes. 5-561. EXPOSING BUILDINGS. Meaning of phrase in fire or marine policy. 1913C-73. EXPOSITIONS. See Fairs and Expositions. EX POST FACTO LAWS Continued. with respect to offense committed before its enactment. 1912C-1121. Judicial decisions as within prohibition against. 1914C-228. Jury, statute changing existing law re- specting peremptory challenges as ex post facto. 1912B-811. Laws changing punishment as ex post facto. 3-77; 1915C-1058. EXPOSURE. Contagions or infectious disease, liability of person exposing another. 1912B- 64. Injuries due to failure of railroad to provide suitable waiting-room, lia- bility. 6-571; 1912C-1214. EXPRESS AGENCIES. Express agency as trade. 1916A-1199. EXPRESS COMPANIES. Exclusive facilities, right of railroad to grant. 13-1079. Federal Employers' Liability Act, express agent as employee of railroad under. 1918B-52. Messenger employed by company for ser- vice on railroad as an employee of railroad under federal Employers' Liability Act. 1918B-52. Obscene matter, statute regulating send- ing by express as violating constitu- tional liberty of speech and press. 1915B-1186. Kailroad company's power to conduct ex- press business. 4-911. Bules and regulations, reasonableness as question of law or fact. 3-716. EX POST FACTO LAWS. Felony prosecution changed from mode by indictment to information as vio- lating constitutional inhibition. 6- 645. Increased punishment for subsequent of- fenses as violative of constitutional inhibition against ex post facto laws. 18-925. Judges sitting in trial or appellate court, change of number as ex post facto EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. Eule as applied to Workmen's Compen- sation Act. 1917D-8. EXPRESS MESSENGERS. Duty and liability of carriers of passen- gers to express messenger. 12-727; 19-1207; 1913C-836. 348 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. EXPRESS WARRANTY, See Warranty. EXPROPRIATION. See Eminent Domain. EXPULSION. Legislature, power to expel members. i5- 759. Schools, advance payment of tuition fee, recovery on expulsion of pupil. 1915D-313. ' power to expel or suspend pupil. 15- 404; 1918A-400. suit for expulsion of child from school, right of parent. 12-406. Society or club member, termination of membership by expulsion. 1913C- 399. EXTENSION OF BOUND- ARIES. School district, extension of boundaries as affecting school tax. 1915B-1152. EXTENSION OF FRAN- CHISE. Extension of life of corporation as con- tinuation of old or creation of new corporation. 1914B-390. EXTENSION OF TIME. Bills and notes, accommodation joint maker, discharge by extension of time to comaker. 13-999. * accommodation party as discharged under negotiable instruments law by extension of time to principal debtor. 1913C-527. ' construction of extension or agreement to extend time of payment of note. 1918B-157. negotiability of note containing provi- sion for extension of time of pay- ment. 17-55; 1912D-7; 1914B-210. Mortgages, extension of time to grantee who has assumed mortgage debt as releasing personal liability of mort- gagor. 9-259. EXTENSION OF TIME Continued. Suretyship, consideration for contract of suretyship, extension of time for payment of debt as sufficient. 1918C-576. fadischarge of surety by extension of time in consideration of payment of in- terest. 5-442. p-express reservation of rights against surety on extension of time to prin- cipal as working discharge of surety. 1914B-1080. EXTORTION. Fee received before due as extortion. 15-1117. Labor combination, fining nonunion em- ployer as extortion. 6-851. (Payment, demand for payment of debt in connection with threat of prose- cution, criminal liability, 1917E-246. recovery back of money paid under coercion of threats of criminal prose- cation. 3-107. Property obtained in belief of belonging to self or to person for whom acting, liability as for extortion. 1913D- 453. Statutes designed to prevent, constitu- tionality. 1-433. Threat to accuse of crime as criminal offense. 9-196; 1917B-134. EXTRADITION. "Affidavit made before magistrate," suffi- ciency within federal statute relating to interstate extradition. 16-1100; 1916A-526. Arrest on civil process, immunity of prisoner after interstate extradition. 17-619. "Crime" for which offender is subject to interstate extradition, what con- stitutes. 1912C-1298. Discharge of extradited person, right on ground that extradition was unlawful or void. 7-1056. Fugitive from justice, burden of proof as to identity. 20-546. r who is fugitive within purview of interstate extradition laws. 7-1076; iS-907; 1918D-1011. EXTRAHAZARDOUS EXTRINSIC EVIDENCE. 349 EXTRADITION Continued. International extradition, trial for crime not designated in requisition, right of. 10-639; 1918D-1030. Person in custody on charge of other crime as subject to extradition. 1917B-337. Bearrest in extradition proceedings of person discharged on habeas corpus. 6-499. Eeview by courts of executive action in interstate extradition proceedings. 3-876; 13-931. "Similar purpose," meaning of term as used in statute relating to extradi- tion. 18-795. Trial for crime not designated in requi- sition, right after interstate extra- dition to try prisoner therefor. 3 543; 1914B-799. Warrants, issuance on complaints made upon information, and belief. 1-654. EXTRAHAZARDOUS. Meaning as appHed to employment within purview of Workmen's Com- pensation Act. 1917D-10. EXTRANEOUS DOCUMENTS. See Wills. EXTRAORDINARY RELIEF. Power of court to grant on Sunday. 1916B-14, 39. EXTRATERRITORIAL OPERATION. Bankruptcy, title to property in foreign country as affected by bankruptcy of owner. 21-1040. Divorce decree or statute prohibiting re- marriage of party or parties, extra- territorial effect. 15-758; 191SE- 1074. foreign court having jurisdiction, extra- territorial operation of divorce de- cree. 4-864; 20-870. Federal statutes, operation as to acts of citizens of United States performed in another country. 16-1050. EXTRATERRITORIAL OPERATION Continued. Inheritance tax aa operating on per- sonalty of decedent in foreign ju- risdiction at time of death. 1913D- 520. Injunction against proceedings in another state or country, power of court. 10-26; 16-673; 1913B-204; 1915A- 834. state, right to enjoin acts committed in another state. 11-490. trespass on realty in another state, injunction against. 8-519. Municipal ordinances, territorial effect. 13-136. Partition of land in another state or country, power of court. 1912B-991. Public service commission, extraterritorial jurisdiction. 1915B-734. Receiver's certificates as issuable outside state of receivership. 1913C-40. Ships and shipping, seizure of vessels outside territorial jurisdiction for violation of municipal law. 3-811. Specific performance of executory con- tract for sale of realty situated in another state or country, right of vendor to maintain action. 1912C 539. Tax exemption of municipal property as extending beyond state boundaries. 1918E-88. Workmen's Compensation Act as applica- ble to injury received in another ju- risdiction. 1914D-377; 1916B-162. EXTRA WORK. Contractor's right of recovery as affected by nature of order. 7-213. United States, right of public contractor for additional compensation. 1918E- 14. EXTRINSIC EVIDENCE. See Evidence. New promise relied on to bar statute of limitations, admissibility of extrinsic evidence in aid. 1914B-226. Statute, approval or disapproval of bill by executive, admissibility of ex- trinsic evidence. 1917C-836. 350 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. EYES. Foreign substance getting into passen- ger's eye, liability of carrier to pas- senger for injury caused. 1913C-304. Injury to eye or eyesight, adequacy or excessiveness of verdict. 16-38; 1913A-1376; 1916B-410. Loss of eyesight, what constitutes. 1918A-531. Ocular diseases, special regulation of per- sons treating. 1917B-803. Oculists or opticians as within statute regulating practice of medicine. 9- 203. EYE-WITNESS. Accidental character of injury to be es- tablished by eye-witness, validity and construction of clause in accident in- surance policy requiring. 1915C-817. Crimes, duty of state to call eye-wit- nesses. 16-918. Marriage ceremony, testimony of eye- witness as proof. 1916A-653. F FACE. Injury or disfigurement, adequacy or ex- cessiveness of verdict. 16-40; 1913 A- 1377; 1916B-411. FACILITY OF PAYMENT. Industrial insurance, construction of clause in policy. 1918B-1193. FACTORIES. Known danger, forgetfulness as negli- gence of employee. 1913B-1202. Unoccupied or occupied factory under fire insurance policy conditions. 1912D-90. Water-power for factory as constituting public use. 4-992; 10-1060. Workmen's Compensation Act as applica- ble to employment in factory. 1917D-18, 42. FACTORS. See Agency; Brokers. Agents within meaning of factors' acts, who are. 18-91. Breach of contract to sell on commission, recovery of profits as damages. 6 976; 10-654. Commissions of factor on sale of goods, right where buyer rejects goods or fails to pay. 1915B-169. FACTORS Continued. Consignment of goods and contract of sale, distinction between. 1915A- 603. Distinction between factor and broker. 1913C-1018. Factors' acts, rights of principal and pledgee on pledge by factor or agent without authority. 1913C-1299. Fiduciary capacity within meaning of Bankruptcy Act. 1915A-1298. Insolvent principal, right of factor to claim advances in full. 6-311. Insurance, duty of factor to insure goods of principal. 14-680. Lien for commissions as dependent upon possession. 3-644. Payment to merchandise broker as dis- charging purchaser. 14-804. Pledge of property by factor without authority, right of principal to re- cover property or its value. 1913C- 1290. Regulation, validity of state or municipal regulation of commission merchants. 1917B-631. Sale of goods on credit, right of. 1915A- 176. FACTORY ACTS. See Master and Servant. FAILURE OF CONSIDERATION FALL. 351 FAILURE OF CONSIDERA- TION. Antenuptial agreement for release of dower or like interest, effect of fail- ure of consideration. 1918A-1168. Burden of proof in action on bill or note with respect to defense of want of consideration. 18-205. Estoppel to set up by giving renewal note. 1916A-826. Partial failure of consideration as de- fense to action on bill or note. 2- 430. Pleading, right to set up defense of total or partial failure of consideration under general issue or denial in ac- tion on negotiable instrument. 1913B-318. right to show partial failure under plea of total failure. 1914B-758. Eeformation in equity of instrument based on no consideration. 10-523. Eemainders and reversions, inadequacy of consideration as ground for va- cating sale of vested interest. 1914B-1042. Specific performance of contract, inade- quacy of consideration as ground foi denying. 12-122. FAILURE OF PURPOSE. Corporation, as ground for suit by minority stockholders to wind up corporation. 1918E-427. FAILURE TO REPLY. Oral statement, failure of party to civil action to reply as implied admis- sion. 1918C-9, 40, 42. Written communication, admission of truth of statement made therein by failure to reply. 1914B-788. FAILURE TO SUPPORT. Infant, criminal liability for nonsupport of wife. 1914D-590. Nonsupport of wife having separate prop- erty as ground for prosecution. 1916A-857. FAILURE TO SUPPORT Continued. Separation agreement as bar to prose- cution. 1912D-1096. Validity of statute making it crime for husband to abandon or fail to support wife. 1912B-2SO. FAINTING. Workmen's compensation, injury result- ing as accident arising out of and in course of employment. 1913C-12. FAIRNESS. Burden of proving fairness of transac- tion. 1912A-704, FAIR RETURN. Doctrine as applied to reasonableness of railroad rates. 1913B-774; 1916A-9. FAIRS AND EXPOSITIONS. Appropriation of public funds, validity of statute. 9-52. displays at fairs or exhibitions, validity of appropriation of public moneys for. 1-936. Awards, right of exhibitor to appeal to courts from decisions as to award. 15-191. Gambling on fair grounds, power of state to suppress. 1914D-365. Independent contractor, person engaged in giving exhibition as. 19-23. Injury to visitor or one competing at fair, liability of agricultural board or society. 1914B-1295. Safety and protection of patrons, duty of owners and managers of exhibi- tions and places of amusement. 5 926; 15-517; 1915B-546. Sunday, amusements or exhibitions within prohibition of Sunday laws. 16-406; 21-681; 1914C-782. FALL. Workmen's compensation, injury from fall as accident arising out of and in course of employment. 1913C-3, 6, 10, 11, 23, 24; 1916B-1299. 352 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E>. FALLEN BUILDING. Fire insurance, construction of fallen building clause in policy, 18-580. FALLING FLOOR OR WALL. Workmen's compensation, resulting injury as accident arising out of and in course of employment. 1918B-791, 792, 793. FALLING OBJECTS. Adjoining property injured by falling ob- jects, liability of land owner. 1914B-1171. Passenger injured by falling rocks from railroad banks striking train. 1912C 440. injury received by article falling from parcel rack, liability of carrier. 21- 323; 1915B-269. Workmen's compensation, injury resulting as accident arising out of and in course of employment. 1914B-500, 501 FALLING OVERBOARD. Liability of carrier by water for injury to or death of passenger. 1917D- 1038. FALLING WALLS. Injury to adjoining property, liability of land owner. 1914B-1176. Kes ipsa loquitur doctrine as applicable to injury to person in highway caused by fall of 'wall. 1916E-1073. FALSE CREDIT. Making false statement as scheme to de- fraud within federal statute pro- hibiting use of mails in furtherance thereof. 1914D-1245. FALSE ENTRIES. National bank books or reports, what constitutes false entry. 20-947. FALSE IMPRISONMENT. 1. What Constitutes. 2. Liability. 3. Actions. 1. What Constitutes. Complaint stating no offense or giving officer no jurisdiction, liability of complainant for issuance of warrant of arrest thereunder. 1912B-1373. Delay in presenting prisoner for exam- ination or trial as constituting false imprisonment. 13-984; 1914A-717. Distinction between false imprisonment and malicious prosecution. 21-457. Means of accomplishing detention or re- straint, false imprisonment as de- pending on. 1912D-727. Mines, refusal to furnish servant means to leave mine as false imprisonment. 1915C-822. Eestraint of liberty other than by actual confinement or detention as false imprisonment. 1916B-118. Ships and shipping, refusal to furnish means for leaving vessel or place of similar nature as restraint amount- ing to false imprisonment. 1914J3- 1207. 2. Liability. Agent instituting malicious prosecution for causing false arrest or imprison- ment, liability of principal for act. 1-723; 1914B-637. Extent of liability of one causing falsa imprisonment. 19-970. Judicial officers, civil liability for false imprisonment. 4-325; 1914C-1166. Officer arresting wrong person under warrant, liability for false imprison- ment. 8-34. Participation with officer in making un- lawful arrest as rendering person liable for false imprisonment. 13- 195. Eeporting commission of offense to police officer for arrest by officer without warrant, liability of person. 1917E- 404. FALSE PRETENSES. 353 FALSE IMPRISONMENT Continued. 3. Actions. Admiralty jurisdiction of action for false imprisonment. 13-1218. Evidence of result of criminal prosecution in action for fal&e imprisonment. 1 926. Excessive or inadequate verdict in action, what is. 1916C-505, 519, 521. Inconsistent defenses in civil action for false imprisonment. 1917C-737. Jail conditions and treatment therein, right of plaintiff to show in action for false imprisonment. 19-614. Mitigation of damages, evidence admis- sible in action for. 1914A-1018. Want of probable cause, necessity of alleging and proving in action for false imprisonment. 12-35. FALSE PRETENSES. 1. In General. 2. Acts Constituting. 3. Actions. 1. In General. Bankruptcy discharge as affecting lia- bility for obtaining property by false pretenses. 20-308. "Confidence game," what is. 1912A-758; 1916A-734. Deception, extent to which false pretenses must be calculated to deceive in order to be indictable. 7-32. Distinction between larceny and obtaining property by false pretenses. 2-1010. Malicious prosecution on charge of false pretense, excessiveness or inadequacy of verdict. 1916C-258. Property, term in false pretense statute as including bills and notes. 9-970 ; 1917D-627. Eescission of contract of sale on ground of false pretenses, necessity of show- ing damage to give purchaser right of action. 14-264. Truth of representations, necessity of ascertaining. 7-34. Index to Notes 23 FALSE PRETENSES Continued. 2. Acts Constituting. Animals, representation as to condition or quality as criminal false pretense. 1913C-273. Attempt to obtain money by false pre- tense, what constitutes. 1917B-1230. Charity, obtaining money as charity by false representations as false pre- tense. 19-1131. Checks, giving worthless check as con- stituting false pretense. 8-1069; 14- 510; 1916E-736. Corporation, obtaining money by false pretenses, criminal liability. 1916C- 465. Existing fact, what amounts to false representation of. 1-980. Infants, misrepresentation of age by minor as constituting false pretense. 21-437. Loan of money, obtaining loan as con- stituting crime of obtaining money by false pretenses. 1916C-1158. Mortgage on property not owned by mortgagor, giving as false pretense. 14-287. Heal property obtained by false pretenses as criminal offense. 9-857; 18-397; 1915D-470. 3. Actions. Cruel and unusual punishment, what is. 19-729. Defenses, illegality of purpose of person defrauded as defense in prosecution. . 13-563; 1913B-92. inducement to commit offense with view to prosecution as constituting de- fense. 17-296; 1916C-731. Evidence, similar transactions, admissibil- ity of evidence in prosecution for false pretenses. 10-906; 17-464. Indictment, construction of statute pre- scribing form. 1918C-558. ownership of thing obtained by false pretenses, necessity of alleging in in- dictment. 13-849. person defrauded, sufficiency in respect to description. 17-624. written instrument upon which charge is based, sufficiency of allegations in indictment. 11-833. 354 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E-. FALSE PRETENSES Continued. FAMILY BIBLE. Jurisdiction of offense of obtaining prop- Entries as admissible to prove age of erty by false pretenses. 4-368; person. 1912A-1218. 1&17E-311. FALSE REPRESENTATIONS. FAMILY EXPENSES. See Fraud; Life Insurance; Sales; Vendor Meaning of term. 1917C-575. and Purchaser. FAMILY RECORDS. FALSE SWEARING-. Admissibility of entries to show age, mar- Distinction between false swearing and riage or pedigree, where person mak- perjury. 8-881. ing entry is alive. 6-59. FALSUS IN UNO, FALSUS IN OMNIBUS. FARE. See Tickets and Faxes. Instructions to jury respecting testimony Passenger traffic, "fare" as used with re- of witness. 8-450; 1912D-1351. spect to. 21-91. FAMILY. Expenses, meaning of term "family ex- penses." 1917C-575. Grandchild as included within term "family." 1913B-460. Homestead exemption, loss of family as working loss of exemption. 12-717; 21-1148. Libel and slander, communication to member of family as privileged. 1917E-898. defamation of family as slander action- able by any member. 8-137. "Living together," what constitutes by husband and wife or other member of family. 1915B-880. "Nearest family," meaning of term in will designating legatee or devisee. 1913E-481. Persons included within term when used to designate beneficiaries in insur- ance policy or benefit certificate. 7- 684; 11-570; 1917C-694. Eailroad employees and families, meaning of "family" as used in Interstate Com- merce Act authorizing issuance of free ticket to. 1916B-326. Eeputation of deceased's family, admis- sibility of evidence in prosecution for homicide. 18-983. Workmen's compensation, member of fam- ily as "dependent" within act. 1913E-481; 1918B-751. FARMERS. Farmer as dealer. 1917A-961. Hawker and peddler license regulations as inapplicable. 1912D-1292, 1297. "Trade," farmer as engaged in. 1916A- 1199. FARMING. Agreement to farm on shares as estab- lishing relation of landlord and ten- ant. 13-235. Changing park into farm as waste, 1918D-546. Lien on crops, right of farm laborer. 20-356. Person "engaged chiefly in farming" within bankruptcy law, who is. 16- 511; 1915C-101. Taxation of farming lands within muni- cipal limits. 1912A-342. Workmen's compensation, agricultural em- ployment as within purview of act. 1917D-12. FARM LOAN ACT. Validity of statute. 1917E-16. FARRIERS. See Horseshoers. Farrier as engaged in trade. 1916A-1199. FAST DRIVING FEEDSTUFFS. 355 FAST DRIVING. Crime for conviction of whici witness may be impeached, fast driving as. 1916A-276. FATHER. See Parent and Child. Stepfather as included under term "father." 1917B-1118. FEDERAL AGENCY. Foreign corporation acting as federal agency, imposition of license tax on. 1913C-816. Telegraph company, statute permitting recovery of damages for mental an- guish as interference with federal agency. 1913C-868. FEDERAL BOILER IN- SPECTION ACT. Construction of statute. 1918C-584. FEDERAL COURTS. See Courts; Removal of Causes. FEDERAL EMPLOYERS' LIA- BILITY ACT. See Employers' Liability Act. FEDERAL GOVERNMENT. See United States. FEDERAL HOURS OF SERVICE ACT. Construction of statute. 1918C-797. FEDERAL INCOME TAX ACT. Validity of statute. 1917B-721. FEDERAL OBLIGATIONS. State taxation. 4-936. FEDERAL OFFICERS. Ejectment against federal officer or agent in actual possession of premises, right to maintain. 1913C-357. FEDERAL PRACTICE. "As near as may be," meaning of term in Practice Conformity Act. 1913D- 122. FEDERAL RECEIVERS. See Receivers. FEDERAL RESERVE ACT. Validity and effect. 1917C-1099; 1918D- 1175. FEDERAL SAFETY AP- PLIANCE ACT. Contributory negligence as defense under act. 1914D-386. Couplers, construction of act in reference to keeping couplers in repair. 14 239. * vehicles, cars, etc., what are within statute requiring equipment with automatic couplers. 1913A-949. Interstate commerce, when car is engaged in- interstate commerce within mean- ing of act. 21-390. Train, what constitutes within act. 1915C-671. FEDERAL STATUTES. See Extradition; Immigration; Labor Laws; Prostitution; Telegraphs and Telephones. FEEBLE-MINDED PERSON. See Insane Persons. FEDERAL LICENSES. Intoxicating liquors, possession of federal license as evidence of violation of liquor law. 1918D-775, 792. FEEDSTUFFS. Unwholesome or poisonous, liability of retailer to recovery of consequential damages. 16-499. 356 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. FEELINGS. Libel or slander, admissibility of testi- mony of defendant with respect to feelings of parties toward one an- other. 16-748. FEES. See Attorneys; Jury; Licenses; Public Officers; Witnesses. Custodian of records, right to fee for inspection and abstracting of records. 6-542. Inspection, petroleum products, statutory regulation of fees. 18-785. Justice of peace, right to recover fees in separate action. 9-372. Probate or administration fees, validity of statute fixing. 1916C-213. Schools, right of public college or school to exact incidental fees from students. 1914B-405. FEET. Exhibition to jury in personal injury case, right of plaintiff. 1913D-249. Loss or injury, excessiveness or inad- equacy of verdict. 16-27; 1913A- 1370; 1916B-413. Workmen's compensation, what constitutes loss of foot within act. 1918A-539. FELLOW-SERVANT DOCTRINE. See Master and Servant. Abrogation of doctrine, constitutionality of statute. 10-1113; 19-196. Applicability to employee riding to or from work in master's vehicle. 11 374; 16-289; 1912D-63. Conflict of laws as to fellow-servant doctrine. 7-257. Estoppel of master to invoke doctrine by failure to comply with statutory regulation. 10-43. Forced labor, person performing and co- worker as fellow-servants. 4-479. Eailroads, employees within meaning of statute abrogating doctrine as to railroads. 11-924; 17-514. FELLOW-SERVANT DOCTRINE Con- tinued. kind of railroad intended by constitu- tional or statutory abrogation of doctrine as to railroad employees. 8- 1086; 1912D-648. night watchman as within rule. 1912C- 1038. Substitute or assistant employed by ser- vant, doctrine as applicable in case of. 1913C-792. FELO DE SE DOCTRINE. Application to pleading. 15-90. FELONIOUS. Indictment or information for adultery, use of word "felonious." 1912A-263. FELONY. See Criminal Law. Civil action predicated on, merger or sus- pension. 19160-847. Compounding felony, rescission of con- veyance consideration of which is compounding of felony, right to. 1913A-522. validity of contract made in considera- tion of agreement not to prosecute criminally. 15-310. Failure to disclose felony as rendering person accomplice or accessory after the fact. 19-144. Prosecution by information without in- dictment, . constitutionality of stat- ute providing for. 6-644. Sentence for felony, effect of failure to ask convicted person if he has anything to say before sentence. 1916C-97. FEMALES. See Husband and Wife; Widows; Women. FENCES. Barbed-wire fence causing injuries, lia- bility of owner. 1913D-781; 1915D- 856. FENDERS FIDELITY INSURANCE. 357 FENCES Continued. Covenant against incumbrances, duty to build and maintain fence as breach. 1913B-1067. running with land, covenant to main- tain division fence as constituting. 15-57. Division fence, location of partition or division fence. 11-199. oral contract to maintain, validity and enforceability. 1912C-470. prescriptive obligation to maintain. 1917B-1253. Leased premises, destruction or erection of fence, liability of third person to landlord. 1912D-123. Railroads, "adjacent" in statute relating to fencing railroad property, mean- ing of term. 1913B-172. adult persons, duty to fence right of way as including duty to fence against adult persons. 20-1216. children, duty to fence right of way as including duty to fence against children. 13-187. constitutionality of statutes requiring railroads to construct fences. 3-182. depot or station grounds within purview of statute requiring railroad to fence tracks. 11-20; 1912D-628. failure of railroad to fence as action- able negligence in favor of one for whose benefit law was not intended. 9-430; 1912D-1107. question of law or fact, whether failure of railroad to fence tracks was prox- imate cause of accident. 1912D-454. right of way fence, care required of railroad in keeping in repair. 11-430. Spite fence, right to damages for erection. 19-478. injunction against adjoining land owner to restrain maliciously erecting or maintaining fence of unusual height. 9-734; 1915A-718. Trespassing animals, effect of statute pro- hibiting recovery for damages done on unfenced lands. 9-1095. Viewers, constitutionality of statute giv- ing fence viewers power to assign division fences between owners to, maintain. 8-426. FENDERS. Street-cars, validity of laws requiring equipment with fenders. 1912B-846. FERRIES. Disturbance of ferry, what constitutes. 1916B-1201. Franchise or license, transferability and descendibility. 2-693. Infringement of franchise by operation of private ferry. 19-1033; 1914C-1207. construction of bridge as infringing franchise. 12-255. Injury to passengers, liability of owner. 17-371; 1915C-1004; 1918E-1083. Interstate ferries. 1-110; 16-865. Railroad company's power to operate ferry. 4-910. Taxation by state as regulation of inter- state commerce. 1914B-684. FERTILIZER. Place for storing or mixing as nuisance. 1917D-1152. FIANCEE. See Alienation of Affections; Breach of Promise; Undue Influence. FICTIONS. Bills and notes, fictitious payee of promis- sory note or bill. 1918A-669. Deeds, fictitious grantee, validity of con- veyance to. 10-97. Partnership, what is fictitious partnership name. 10-812. FIDDLERS. Fiddler as engaged in trade. 1916A-1199. FIDELITY INSURANCE. Act or default of employee covered bv fidelity bond or insurance. 1917C- 420, 450, 453. Application for insurance, statutes re- quiring copy attached or delivered with policy, applicability. 14-1093. 358 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FIDELITY INSURANCE Continued. Discharge of surety on bond, bankruptcy discharge of principal as constituting. 15-959. failure of employer to notify surety of delinquency of employee as working discharge. 11-1031; 1912D-1286. False representations of insured, effect on validity of policy of fidelity or guar- anty insurance. 8-608; 1915D-732. Liability of insurer limited to losses within certain period, validity and construction of contract. 1914C-1210. Premium paid, recovery. 1916C-1222. FIDUCIARIES. See Trusts. Attorney, misconduct in fiduciary capacity other than that of attorney, as ground for disbarment or suspension. 1917B-232. Corporations, purchase of stock by director as affected by fiduciary relation to stockholder. 2-877; 1918B-241; 1918D- 771. Embezzlement, sufficiency of indictment with respect to allegations of fidu- ciary relation. 1912C-903. Husband and wife, fiduciary relationship as affecting running of statute of limitations against claims existing be- tween. 1914C-572. Insured and insurer under tontine policy, fiduciary relation between. 1915B- 638. Investment of funds in private corpora- tion stock, right of fiduciary. 16-69. Libel and slander, statement with respect to subject matter of trust as priv- ileged within law of libel and slander. 1917B-227. Limitation of actions, application of stat- ute as between trustee and benefi- ciary of express trust. 3-200; 13- 1165. mere existence of fiduciary relation as barring defense of statute against action for money received on behalf of plaintiff. 1915B-250. Presumption of fraud in transactions al- leged as fraudulent. 1-811. Trusts, setting aside during life of creator for fraud or undue influence, effect FIDUCIARIES Continued. of existence of confidential relations. 1918C-845. Witnesses, information communicated in fiduciary relation as privileged from disclosure. 1916C-701. FIDUCIARY CAPACITY. Meaning as used in section 17 of Bank- ruptcy Act. 1915A-1295. FIELD-NOTES. Admissibility in evidence. 1917E-675. FIGHTING. Accident insurance, injuries received while fighting, right to recover under pol- icy. 1916C-579. Contempt of court when in presence of. 1912A-581. "Crime" for conviction of which witness may be impeached, fighting as. 1916A-276. FIGHTING FIEE. Workmen's compensation, injury in en- deavor to save master's property as within scope of employment under act. 1916B-1308. FIGURES. Alteration of figures on cheek as forgery. 1912D-240. Omission of dollar-mark with figures de- noting money, effect in instrument, indictment, etc. 1915C-335; 1916B- 542. Precise correspondence of figures, infer- ence which may be drawn from. 1915B-1191. FILIATION PROCEEDINGS. See Bastardy. FILING. Chattel mortgage, place of filing of in- strument given by more than one person. 1913C-839. FILLING LANDS FINDINGS OF FACT. 359 FILING Continued. Delivery of document to officer when not at office as "filing" thereof. 18-250. Priority as determined by fractions of day in computation of time. 1914C- 97. FILLING LANDS. Compelling as sanitary measure. 1-443. FILMS. Lease or sale of moving-picture films. 1916C-307, 317. FINAL JUDGMENTS. See Appeal aoid. Error; Judgments and Decrees. Judgment of trial court reversed on ap- peal but subsequently affirmed, what is final judgment. 1913C-250. FINAL PASSAGE. Legislative bills, what constitutes final passage so as to require vote by yeas and nays. 16-977. FINANCIAL CIRCUMSTANCES Con- tinued. Executor, right to appointment as af- fected by financial responsibility. 1913B-1163. False credit statement as scheme to de- fraud within postal laws. 1914D- 1245. 1261. Infant, false representation of financial ability to induce contract, liability. 1913A-973. Larceny, admissibility of evidence of financial condition of defendant. 19-117. Libel and slander, financial circumstances of defendant, admissibility of evi- dence. 1915B-1158. Malicious prosecution, defendant's finan- cial circumstances, admissibility of evidence. 1913D-563. plaintiff's financial condition, admissi- bility of evidence. 21-931. Personal injury action, right to show de- fendant's financial circumstances. 1914B-964. Physicians and surgeons, evidence of de- fendant's financial condition in ac- tion by physician, for services. 11- 655. FINAL SUBMISSION. What constitutes so as to preclude voluntary dismissal. 4-510. FINANCIAL CIRCUM- STANCES. Alienation of affections, admissibility of evidence of defendant's financial cir- cumstances. 1914B-803. Breach of promise of marriage, admis- sibility in evidence of defendant's financial circumstances. 20-1265. Custodian of child, financial condition as consideration in determining right to custody on habeas corpus. 1914A- 753. Debtor and creditor, admissibility of financial condition of either to prove payment. 8-779; 11-110. Embezzlement, financial condition of de- fendant, admissibility of evidence. 6-349. FINDING LOST PROP- ERTY. Larceny by finder of lost property. 20- 1380. Lien for reward offered, right of finder of lost property. 1913E-1277. Title of finder of lost or abandoned prop- erty. 1-4; 11-706. FINDINGS OF FACT. Appeal, weight in appellate court of find- ings of judge as to amount of damages as compared with verdict of jury. 1913C-178. Contempt proceedings, duty of court to make findings. 1913A-957. Drainage district hearings, findings in. 1915C-21. Master in chancery, conclusiveness and weight of findings. 19-908. Presumptions as to making and suffi- ciency in support of judgment. 7- 380. 360 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FINDINGS OF FACT Continued. Befusal to make requested findings as con- stituting contrary finding. 7-380. Waiver of right to have findings made by court. 1914D-797. FINES AND PENALTIES. See Punitive Damages. Action to recover penalty, effect of repeal of statute after final judgment upon further proceedings. 1912B-1158. Appeal, payment of fine in criminal case as waiver of right to appeal. 1913E- 300; 1916C-619. Assignability of right of action for penalty. 1916D-893. Carrier of goods or livestock, failure to pay claim within certain time, validity of statute imposing penalty. 20 1056; 1915D-824; 1916D-335. refusal to accept freight tendered for shipment, validity of statute imposing penalty. 17-253. Certainty of penalty in penal ordinance, necessity of. 21-349. Civil service, penalty for violation of stat- ute as within legislative power to pre- scribe. 1913B-1014. Conflict of laws, penal statute which is partly compensatory, enforcement in foreign state. 1913E-245. Contempt, fine imposed as enforceable by imprisonment. 1912D-1339. Corporation, abatement of action to re- cover penalty by dissolution of corpo- ration. 1917A-1180. forfeiture of franchise as penalty pre- scribed by statute for violation of law, kind of judgment to be entered against corporation, discretion of court. 1912D-822. penalty for refusal of corporation to per- mit stockholder to inspect corporate books. 19-313. Cumulative penalties, recovery under penal statute. 14-1063; 1912A-S20; 1916A- 228. Death of defendant, fine imposed in crim- inal case as recoverable from his estate. 19-1147. Direction of verdict for plaintiff in penal action, right of court to direct. 16- 964. FINES AND PENALTIES Continued, Evidence in action to recover penalty, ad- missibility of character or reputation of defendant. 1916D-1151. Federal twenty-eight hour law, action to recover penalty for violation. 21-828. Fine improperly or illegally collected, right to recover. 12-703; 1913B-436. Imprisonment for failure to pay, constitu- tional or statutory provision against imprisonment for debt as applicable. 19-757. Injunction to restrain enforcement of penal statute. 1-121; 19-459; 1916C-1153; 1918E-795. Insurance, penalty for failure to pay loss, constitutionality of statutes providing. 5-405; 14-301. Interest on penalty imposed by statute, right to recover. 1913B-856. Intoxicating liquors, action for penalty for violation of intoxicating liquor statute. 1916E-868, 877. fine assessed against lessee for sale of liquors, validity of statute making leased property subject to payment. 18-177. right of private citizen to sue for pen- alty for violation of liquor law. 15- 1019. Labor combination, imposition of fine by labor union as unlawful. 6-851. Landlord and tenant, deposit by tenant to secure performance of stipulations in lease as penalty or liquidated damages. 19-215. statutory penalty of double rent or value for holding over after termination of tenancy. 1912A-278. Limitation of actions, necessity of plead- ing statute specially as defense to ac- tion, for penalty. 12-87. Meaning and distinction between "fine," "penalty" and "forfeiture." 18-883. Per diem penalty, computation by exclu- sion or inclusion of Sunday or holiday. 1917E-945. "Person." as including private corporation. 20-742, 745; 1914A-1310. Prostitution, penalty imposed on owner of premises for use for purpose of prosti- tution, validity and construction of statute. 1917A-459; 1915D-549. Quo warranto, imposition of fine in civil proceeding. 1913D-942. FINGER-PRINTSFIRE DEPARTMENT. 361 FINES AND PENALTIES Continued. Railroad, failure to pay for injury to an- imal within specified time, validity of statute imposing penalty. 17-632. Remission, fines and forfeitures, power of executive. 17-603. penalty on forfeited recognizance, time when court may remit. 20-1261. Res judicata, penal action as barred by judgment in criminal proceedings. 5-78. Sentence to pay fine, necessity of presence of accused. 6-453. Stare decisis doctrine, application to con- struction of penal statute. 1914B- 1249. Statutes, partial invalidity of statute prescribing penalty, effect. 1916D- 31, 158. title of statute not mentioning penalty provision, validity of act. 1912D-157. Stipulated forfeiture for breach of con- tract as penalty or liquidated damages. 1-244; 10-225; 1912C-1021; 1915A- 1076; 1915C-945; 1916C-339; 1916D- 497; 1917D-739. Taxation, liability for interest and penal- ties of one refusing to pay tax and contesting its validity on its being held valid in whole or in part. 5- 649. Usury, amount of penalty under statutes authorizing recovery of double amount of interest paid. 3-849. limitation of actions, running of statute against action to recover penalty. 21- 446. national bank, jurisdiction of action for penalty for taking usurious interest. 1916D-1246. pleading, sufficiency of petition or com- plaint in action against national bank for penalty. 1912E-689. Waters, pollution of stream, validity and construction of statute imposing pen- alty. 1914A-1180. Wharfage, penalty for failure or refusal to pay. 13-392. FINGER-PRINTS. Evidence, admissibility and sufficiency. 1917A-417. Record, finger-print as part of police record. 1917A-418. FINGERS. Injury or loss, excessiveness or inadequacy of verdict. 16-31; 1913A-1372; 1916B-412. Workmen's compensation, what constitutes "loss" of finger within act. 1918A- 538. FIRE APPARATUS. Private buildings, validity of statute or ordinance requiring equipment with fire apparatus. 1916B-516. FIREARMS. See Weapons. Assault, discharge to frighten person as constituting. 1917D-617. pointing unloaded firearm as assault. 13-484. Baggage of passenger. 21-732. Deadly weapon, firearm as. 1912A-1331. Discharge in public places, validity of stat- ute or ordinance prohibiting. 11-723. under permission of municipal officer, validity of ordinance. 6-1014. Injury to another from use, adequacy of verdict. 1916B-413. Right to bear arms. 1-56; 17-570; 1913B- 333. FIRE COMPANIES. Charitable institution, fire company as. 1917C-797. FIRE DEPARTMENT. Collapse of building, liability of owner for injury to firemen. 18-10. Collision with fire apparatus, care required of driver of street-car or other vehicle to avoid. 1918A-290. with street-car or other vehicle in street, care required of fire apparatus to avoid. 1913E-231. Contributory negligence, right of way of fire apparatus as exempting fireman injured by collision with street-car from application of doctrine. 8-984. Crossing railroad track, duty of driver of fire apparatus to stop, look and listen. 7-352. 362 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918Et FIRE DEPARTMENT Continued. Entry of fireman on premises in discharge of official duties, liability of owner for injuries. 9-1123. Fire commissioner as municipal officer. 1914D-1233. Injury to employee, liability of municipal corporation. 1-958; 18-508. Interference with firemen in extinguishing fire, liability of railroad company. 6 630; 12-562; 1913D-766. Negligence of firemen resulting in injury to third persons as creating municipal liability. 7-807. Pension to injured fireman, validity of stat- ute providing compensation. 1917C- 1140. Salvage, rights of members for extinguish- ing fire on vessel. 17-913. Speed or other highway restriction as ap- plicable to fire apparatus. 1917D-565. State control of municipal fire depart- ment. 14-357. Statutes, partial invalidity of statute .re- lating to municipal fire department, effect. 1916D-75. FIRE-ESCAPES. Constitutionality of statutes requiring. 2- 780. Duty to maintain fire-escapes. 9-1166; 1913E-777; 1916E-629. Failure of landlord to provide or keep fire-escapes in proper condition, liabil- ity to employee of tenant. 1913B- 278. Innkeeper's liability for death of guest due to failure to provide fire-escape. 1917E-852. Landlord's failure to comply with law as affecting right to recover rent. 1913B- 406. "Owner" required by statute to erect fire- escapes as including tenant for years. 1912A-317. Validity of statute or ordinance requiring equipment of private buildings with fire-escapes. 1916B-516. FIRE INSURANCE. 1. Agreements to Procure Insurance. 2. Nature and Formation of Contract. 3. Insurance Agents. 4. Insurable Interest. 5. Premiums. 6. Subjects of Insurance. 7. Terms anc Conditions of Contract. 8. Wrongful Act of Insured. 9. Mistake of Parties as to Policy. 10. Cancellation of Policy by Insurer. 11. Proof of Loss and Appraisement Thereof. 12. Beneficiaries. 13. Subrogation to Proceeds of Insurance. 14. Actions. 15. Taxation of Fire Insurance Companies. 1. Agreements to Procure Insurance. Building contract, failure of owner to in- sure in accordance with terms as af- fecting rights of parties or their sureties. 1914C-336. Lessee's agreement to insure premises, con- struction. 1918E-299. Mortgagee's agreement to procure insur- ance, liability to mortgagor for failure properly to insure. 11-936. Sales, agreement by one party to insure, effect on passing of title to goods sold. 5-263. 2. Nature and Formation of Contract. Application, statutes requiring copy thereof attached or delivered with policy. 14- 1096. Binding slip or receipt, effect as insurance contract. 1914C-727. correspondence as sufficient to constitute binding slip. 1917E-1183. Conditions in policy not issued in accord- ance with oral contract, right of in- . surer to rely on. 1914D-653. Divisibility of insurance contracts. 2-22; 3-824; 6-83; 11-805; 1912C-989. "Security," fire insurance policy as. 1914D-624. FIRE INSURANCE. 363 FIRE INSURANCE Continued. Standard policy, constitutionality of legis- lation providing for. 6-91; 1915A- 290. doubtful terms in insurance policy eon- struable favorably to insured, rule as applicable to standard policy. 1913E- 287. 3. Insurance Agents. Authority of agent, construction of clause in standard policy providing that agent must have written authority. 1912C-367. Double agency, right to act as agent for both company and insured. 6-441. Failure to procure insurance, liability of insurance agent to owner of property. 1918B-1037. Insurance of own property, right of fire in- surance agent. 12-95; 1916D-127S. Policy issued by agent in violation of in- struction, liability of agent to in- surance company. 1917B-493. 4. Insurable Interest. Bailor or warehouseman, insurance of goods by. 1913A-143. Carrier of goods insuring against fire, ef- fect on rights of parties. 1914C-688. Contractor's insu*able interest in building under construction. 1915B-1099. Factor, duty to insure goods of principal. 14-680. Husband and wife, insurable interest of husband in property of wife. 2-32; 19-253; 1914C-613. Tenant of property for specific term, in- surable interest. 1913E-741; 1917C- 951; 1918E-835. 5. Premiums. Act of God as excuse for failure to pay premium. 1912B-375. Default in payment of instalment premium, validity and effect of stipulation in policy suspending liability. 12-628. 6. Subjects of Insurance. Automobile, loss by fire as within policy of automobile insurance. 1915A-627. FIRE INSURANCE Continued. insurance against fire. 1917D-54. Goods in process of removal with consent of insurer as covered by policy. 14- 691. Indemnity against loss of rents, construc- tion of policy providing. 18-514. Livestock in designated location, policy as covering animals temporarily else- where. 15-661; 1916E-398. Profits as covered by policy. 1918E-1051. Property illegally kept or used, validity of policy on. 15-541; 1916C-1070. Standing timber as "property" within meaning of policy. 6-569. 7. Terms and Conditions of Contract. Generally. Additional insurance, necessity of knowl- edge or consent of insured as to taking out in order to avoid policy. 1912D- 632. "Additions," construction of term in policy. 8-94; 10-938. "Adjacent," meaning of term in policy. 1913B-169. "Adjoining," meaning of term. 1913D- 846. Assessments under mutual fire insurance policy to pay anticipated or future losses, validity. 1914C-802. Assignment of fire insurance policy after loss. 3-476. "At night," necessity of exact compliance with clause in policy. 1913C-1227; 1918E-400. "Average clause," in policy, validity and construction. 1913D-1305. Books to be kept and preserved, necessity of exact compliance with clause in policy requiring. 9-467; 14-1079; 1913C-1222; 1918E-389. Coinsurance, clause in policy making in- sured coinsurer, validity and effect. 14-852'. "Concurrent," in insurance policy, con- struction of term. 5-755. "Contiguous," meaning as used in policy. 1918E-800. Double insurance, insurance by carrier and by owner of goods as. 11-960. 364 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918K. TIKE INSUEANCE Continued. "Exposing buildings," construction of policy with respect to. 1913C-73. Fallen building clause in policy, construc- tion. 18-580. Fireproof, meaning of term in polioy. 1913B-51. Increase of risk, cessation before loss, effect on policy. 11-782. necessity of knowledge or control by owner of act constituting increase of risk. 7-388; 10-1038. Inventory, necessity of exact compliance with clause in policy as to making and preserving. 9-46S; 14-1079; 1913C-1223; 1918E-394. Iron-safe clause in policy, necessity of exact compliance with. 9-46Q; 14- 1079; 1913C-1221; 1918E-371. Limitation of actions, policy limiting time to sue to certain period "after the fire," running of limitation against action. 10-824. second action on policy after period of limitation prescribed, right to bring where first action fails. 1914D-1147. waiver of provision in policy postponing time to bring suit by insurer's denial of liability. 1914C-373. Local ordinance or regulation, effect on liability under policy. 1917B-1250. Machinery, meaning of term in policy. 1918E-209. Mortgage clause in standard policy, effect upon application of conditions in policy to interest of mortgagee. 7- 399. Prohibited articles, fireworks on premises, construction and effect of provision in policy prohibiting keeping. 1913B- 808. H- what constitutes, "keeping," "storing," "using," etc., of prohibited articles within policy. 13-540; 19-414; 1914B- 133; 1918D-294. Waiver of conditions in insurance policy by insurer's failure to inquire into existing facts. 1917B-500. silence or failure tc act by insurer hav- ing notice of breach of condition as waiver of forfeiture. 8-500. Watchman clause in policy, construction. 21-845; 1917D-821. "When not open for business," necessity of exact compliance with clause in policy. 1913C-1227; 1918E-400. FIRE INSUEANCE Continued. Cause of Loss. Earthquake, construction of clause in policy excepting loss caused by. 17- Explosions excepted from risks covered by policy, liability of company for losses caused by explosions. 5-780; 1913A-1300. Order of civil authority, construction of provision in policy excepting loss caused by. 1912C-967. Overheating as fire within policy. 17- 1125; 1916D-228. Change of Interest, Title, etc. Alienation by or to partner or joint owner as change in title or interest within policy condition. 1916B-948; 1917B- 1228. Change in interest or title clause as vio- lated by sale and reacquisition of title. 1917C-934. Chattel mortgages, giving mortgage as within prohibition in policy against assignment or changing of interest of insured. 1918D-862. unrecorded chattel mortgage as breach of condition against incumbrances. 1912A-987. void chattel mortgages as to creditors as constituting breach of condition in policy against incumbrance. 1915D-917. Condition avoiding policy upon foreclosure of mortgage, validity and construction. 16-664. Executory contract of sale as breach of condition against alienation. 3-710; 9-461; 1913C-173. Judicial or foreclosure sale as breach of condition against sale in fire insurance policy. 2-358. Mortgage of property as change in interest within insurance policy. 1912B-525. Eeceiver, appointment as violation of con- dition in policy against change of in- terest, title or possession. 16-869. Eevival of policy after satisfaction of lien or incumbrance attaching to prop- erty in violation of policy. 1917B- 1241. Sale and mortgage book as violation of policy clause prohibiting change in interest, title, etc. 12-259. FIRE INSURANCE. 365 FIRE INSURANCE Continued. Sole and Unconditional Ownership* Equitable title only, possession as satis- fying policy requirement of sole and unconditional ownership. 1918C-136. Executory contract of sale, existence as breach of condition of sole and un- conditional ownership. 7-498; 18-864. Frauds, statute of, contract under which insured acquired property within statute, right of insurance company to raise objection. 21-1390. Husband and wife, title existing in spouse of insured as violation of sole and un- conditional ownership clause. 1912B- 269. Time t-305. forfeiture for nonpayment of dues as waived by acceptance of arrearages. 11-539; 1914C-437; 1916D-591. 376 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FORFEITURES Continued. Bids, forfeiture of deposit or certified check made with bid. 1916C-428. Corporations, action to recover forfeiture as abated by dissolution of corpora- tion. 1917A-1180. forfeiture of stock on account of non- payment of subscription, effect as to corporate creditors. 1912B-494. franchise, forfeiture of, necessity of direct proceeding. 1916B-179. judgment against corporation for vio- lation of law, discretion of court as to kind, where statute prescribes for- feiture of franchise as penalty. 1912D-822. provision for forfeiture of charter in constitution or statute as self-execut- ing. 1914A-936. Distrained and impounded animals, for- feiture and sale. 15-1002. Easement, forfeiture for misuser. 1917A- 1018. forfeiture of easement of right of way by nonuse. 1917D-595. Fine, penalty and forfeiture, meaning and distinction between. 18-883. Fire insurance, forfeiture of policy for misrepresentation in proofs of loss. '1916A-451, 466, 470. Game laws, property used in violation, validity of statute authorizing for- feiture. 8-902. Homestead, forfeiture by involuntary or compulsory absence. 8-681; 1917E- 112. Insurance policy, forfeiture for nonpay- ment of premium when insurer is in- debted to insured. 17-506. Landlord and tenant, acceptance of rent as waiver of forfeiture of lease for breach of condition. 11-62; 1915A- 1250. enforcement of forfeiture for noninsur- ance by lessee. 1918E-302. equitable relief from forfeiture for non- payment of rent. 1913A-828. necessity of demand for payment of rent in order to enforce forfeiture for nonpayment. 8-581. tender of rent before declaration of forfeiture as prec|lu.ditog forfeiture. 1912D-1009. use of premises for illegal purposes as forfeiting tenant's rights under lease. 1913C-1352. FORFEITURES Continued. Life insurance, estoppel of company by declaring forfeiture to claim lapse of policy for nonpayment of premium. 1916A-541. Mining lease, relief from forfeiture for breach of covenant for diligent prose- cution of work. 20-1172; 1917E-1149. Mutual insurance, forfeiture or suspen- sion of policy on failure to pay dues, effect of provision. 11-340. Positive clause of forfeiture as embracing negative covenants. 1-794. Process, forfeiture of privilege from ser- vice by party to action while attend- ing court. 11-1148. Prostitution, forfeiture of premises used for purpose of prostitution, validity and construction of statute. 1917A- 459. Remission, power of executive to remit forfeiture. 17-603. Stipulated forfeiture for breach of con- tract, whether penalty or liquidated damages. 1-244; 10-225; 1912C-1021; 1915C-945; 1917A-739. Testamentary gift, forfeiture in case of contest, validity of condition in will. 17-997; 1913E-1298. Wages, servant's breach of rules as ground. 1914A-46. When forfeiture of property under statute takes effect. 7-899. FORGERY. 1. What Constitutes Offense. 2. Indictment. 3. Evidence. 4. Civil Rights Growing Out of Forgery. 1. What Constitutes Offense. Alteration of figures on check as forgery. 1912D-240. Fictitious name, forgery by use of. 18- 482. Forging and uttering as one offense. 1- 308; 21-236. Genuine signature, fraudulent procurement as forgery. 17-705. Indorsement made on instrument as for- gery. 1915A-1046. FORGETFULNESS FORMER TESTIMONY. 377 FORGERY Continued. Injurious nature of forged instrument as element of forgery. 3-293; 9-1111. "In the similitude of," meaning of term in statute relating to forgery. 18-795. Order for delivery of goods AS subject of forgery. 1914C-469. Partner signing firm, name as forgery. 1912B-702. Signing name of another person incorrectly as forgery. 20-166. Typewriting as constituting forgery. 8-86; 1916D-784. 2. Indictment. Joinder of counts for forgery and uttering forged instrument. 21-237. Name of person intended to be defrauded or to whom instrument was uttered or passed, necessity of alleging in indictment. 1912C-1143. Setting out instrument forged, sufficiency of indictment with relation to. 17- 499. 3. Evidence. Inference of forgery in one county as war- ranted by uttering or possession of forged instrument in another county. 1912A-303. Other forgeries, proof in prosecution for forgery. 9-456; 1912C-91. Production of forged instrument and secondary evidence thereof in pro- secution. 1912A-916. 4. Civil Rights Growing Out of Forgery. Bills and notes, money paid by bank on forged instrument, right to recover. 1912D-495. part of signatures to promissory note forged, effect on rights of bona fide holder. 12-441. unrestricted indorsement of .forged draft or check as warranty of genuine- ness. 7-746. Checks, payment of forged check by mis- take of bank, right of recovery. 1- 632; 1912D-495. unrestricted indorsement as warranty of genuineness. 7-746. Defense to civil action, when forgery un- available. 1-181; 1912C-590. FORGERY Continued. Libel and slander, necessity that justifica- tion of charge of forgery be of pre- cise charge. 1918C-1136. Malicious prosecution on charge of for- gery, excessiveness or inadequacy of verdict. 1916C-258. Stock certificate, rights inter se of cor- poration and bona fide purchaser. 5- 251. Surety as discharged by principal's pay- ment or satisfaction of debt with forged paper. 13-921. Telegraph company, liability for delivery of forged message. 1-578; 5-521; 1915D-245. Witness, forgery as "crime," for convic- tion of which witness may be im- peached. 1916A-276. FORGETFULNESS. Judgment, forgetfulness as ground for opening or setting aside default judgment. 1914B-589. Known danger, pedestrian injured by de- fective street, forgetfulness of con- dition as negligence. 1915B-764. person other than servant, forgetfulness as negligence. 1913D-36. servant's forgetfulness es negligence. 1913B-1197. Payment made because of forgetfulness, right to recover. 18-670. Witness, forgetfulness of facts as ground of admission of former testimony. 1914C-575. FORGIVENESS. Divorce, forgiveness of breach of marital duty as defense. 1912C-4. FORMA PAUPERIS. Eight of personal representative to sue or defend in forma pauperis. 1- 805. FORMER JEOPARDY. See Criminal Law. FORMER TESTIMONY. See Evidence. 378 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FORNICATION. Imputing fornication to man as action- able slender. 1917A-1044. "Living together" or "cohabiting," what constitutes in fornication. 19-655. Married woman, whether can be guilty of offense of fornication, 1916A-321. Solicitation of fornication, as indictable offense. 2-457. FORTHCOMING BOND. See Attachment. FORTIFICATIONS. (Workmen's Compensation Act as appli- cable to workmen engaged thereon. 1917D-27. FORTUNE-TELLING-. Advertising, prohibitory statutes. 1916A 905. Criminal liability. 1914A-900. FORWARDER. [When person or corporation is forwarder as distinguished from carrier of goods. 1914B-778. FOSSILIFEROUS SUB- STANCES. Classification as minerals. 1912A-1304. FOSTER PARENTS. See Adoption. FOUNDATIONS. Mechanic's lien, laying foundation ag im- provement for which lien may exist. 1912B-6. FOWLS. Fowl as animal. 1915A-1242. Larceny of fowls, sufficiency of proof with respect to description in indict- ment. 17-739. Municipal regulation of poultry within, city limits, validity. 14-1003. FOWLS Continued. Trespass on another's land, right to dam- ages against owner who permits them. 1913C-757. FRACTIONS. Day, fractions of day in computation of time. 2-135; 1914C-95. Money, doctrine "de minimis non curat lex" as applicable. 18-691. FRANCHISES. Generally. Alteration or amendment of municipal franchise to public service corpora- tion, right of third person deriving benefit to object. 1913D-1089. Amendment or repeal of ordinance grant- ing franchise as impairment of con- tract obligation. 3-88; 6-601; 1915A- 899. Compelling exercise of franchise, right of municipality which has granted fran- chise for performance of public ser- vice. 18-335. whether court will compel public service corporation to perform obligations of franchise. 1914A-1244. Contractual obligation arising from fran- chise, mandamus as remedy to com- pel performance. 1918A-916. Distinction between license and franchise granted to corporation. 1916B-210. "Domestic purposes," meaning as applied in charters or franchises of public service companies. 1912B-620. Eminent domain, injury to franchise as element of damages in condemnation proceedings. 1918B-277. Estoppel of municipality to deny validity of franchise. 1916B-1272. Execution, liability of franchise to sale. 5-512. Ferry franchise, construction of bridge as infringement. 12-255. operation of private ferry as infringe- ment. 19-1033; 1914C-1207. transferability and descendibility. 2- 693. Foreign corporation, reservation of power to alter or annul as affecting state FRATERNAL BENEFIT SOCIETIES FRAUD. 379 FRANCHISES Continued. power to impose additional burdens on foreign corporation after compliance with conditions for doing business in state. 9-981; 17-1251. Forfeiture, constitutional or statutory provision therefor as self -executing. 1914A-936. direct proceedings to forfeit special franchise, necessity of. 1916B-179. judgment against corporation for viola- tion of law, discretion of court as to kind to be entered where statute prescribes forfeiture of franchise as penalty. 1912D-822. Injunction against commission of acts under franchise, validity of fran- chise as within power of court to determine in such action. 1914B-490. Judicial inquiry into motives prompting enactment of ordinance granting franchise. 1912A-718. "Person" in statute as including private corporation. 1914A-1309. Purchase of public utility by municipal- ity, value of franchise as element of compensation. 1915B-1177. Quo warranto for usurpation of municipal franchise. 8-324. Belief from obligations of charter, power of municipality by ordinance to re- lieve public service corporation. 1914D-1071. Statutes, effect of partial invalidity of statute relating to franchises. 1916D- 56. Streets and highways, franchise for use as extending grant to new street or subsequently annexed territory. 18- 1118. Turnpike, expiration of charter as af- fecting title to turnpike. 13-665. "Vicinity," meaning of term as used in. corporate charter. 18-738. FRANCHISES Continued. Federal franchise, right of state to tax. 17-722. Ferry, state taxation as regulation of in- terstate commerce. 1914B-684. Place of taxation of corporate franchise. 7-518. Taxation of corporate franchise as realty or personalty. 19-167. Telegraph and telephone companies, stat- ute or ordinance imposing tax as interference with interstate com- merce. 1914A-987. validity of tax for use of streets as depending on amount of tax. 16- 343. FRATERNAL BENEFIT SOCIETIES. See Beneficial Associations. FRATERNITIES. See Societies and Clubs. College fraternity as exempt from taxa- tion. 1918E-278. Secret societies among students, validity of statutory, or other prohibition against. 1916E-527. FRAUD. 1. In General. 2. Wnat Constitutes Fraud. 3. Effect of Fraud. 4. Remedies. 5. Pleading. 6. Evidence. 7. Damages. 8. Assignment of Cause of Action. See False Pretenses; Frauds, Statute of; Fraudulent Sales and Conveyances. Taxation. Common carrier, mileage basis in assess- ing value of franchise, propriety of using. 1914B-199. Exemption, federal grant of franchise as exempting corporation from state license tax. 1913C-816. provision for bonus or tax as exemp- tion from taxation. 4-388. 1. In General. Advertising fraudulently. 1916A-901. Attorneys, communications to attorney in furtherance of fraudulent purpose as privileged. 1913A-28, Bill or note procured by payee fraud- ulently, title as affected by his re- purchase from bona fide holder. 8 626. 380 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. FRAUD Continued. Confession obtained by fraud or trick, ad- missibility in evidence. 15-274; 1916D-966. Conspiracy to defraud, sufficiency of al- legations of indictment as to object and means of accomplishing. 21-39. Discovery, participant in fraud as party defendant to bill. 20-910. Innkeepers, statute punishing fraud by hotel guest as violative of constitu- tional provision against imprison- ment for debt. 16-1231. Larceny, obtaining possession of property by trick or fraud, with intent to steal as larceny. 8-287. Life insurance policy, right to contest on ground of fraud where incontest- able clause does not except fraud. 1914C-652; 1916C-707; 1917E-1116. Notice of fraud, record of instrument as constructive notice. 1917A-267, 274. Release for personal injuries, necessity of returning or tendering consideration on repudiation for fraud as condition precedent to action. 4-655; 8-179; 10-739; 1912D-1084. Reliance on false representations, neces- sity in order to maintain action for deceit. 1915B-779. Rescission, executed contract, showing of fraud essential to sustain action. 1- 516. necessity of showing damage in order to give purchaser right to rescind contract of sale on ground of fraud. 14-261. Tort committed by fraud, waiving tort and suing in assumpsit. 1913D-237. Trademark infringement, fraudulent in- tent as necessary element. 3-32. Undue influence as related to fraud. 18- 412. Voting or guessing contest, fraud in. 1918C-750. Weights and measures, validity of legislation for prevention of fraud. 1912C-251; 1918D-156. 2. "What Constitutes Fraud. Area, description by vendor of quantity of land conveyed as "about" so many acres as fraudulent. 1918D-703. FRAUD Continued. fraudulent representation of area by vendor to purchaser where true boundaries are pointed out as action- able deceit. 16-502. relief on ground of fraud in convey- ance of land as affected by use of term "more or less," applied to quantity. 12-300. Condition, value, etc., of property, right of grantor to cancellation of deed on ground of misrepresentation by grantee. 1912A-405. Corporations, purchase of stock by director as affected by fiduciary relation to stockholder. 2-877; 1918B-241. False ' representation of existing fact, what amounts to. 1-980. Fidelity insurance, what constitutes fraud by employee. 1917C-425. Foreign law, misrepresentation as fraud. 1917E-1096. Fortune-telling. 1914A-900. Inducing performance of personal services without intent to pay therefor, right of action for fraud. 1916C-172. Intended use of realty, false statement by purchaser as false representation warranting cancellation of deed. 20- 913. Intention to make improvement affecting property sold, false statement by vendor as fraud sufficient to avoid contract of sale or deed. 1914B-862. Landlord and tenant, concealment by landlord of defects in premises as fraud. 1-679. Marriage contracted by man with intent not to assume marital relation as fraud warranting annulment by wife. 1915A-829; 1918E-191. Opinion on question of law by party to contract for sale of land as sufficient basis to support charge of fraud. 1913B-1143. statement as to future profits of busi- ness, as ground for action of fraud. 1916D-1040. Postoffice, intent to defraud as essential element of using mails to defraud. 18-1044. scheme to defraud, what constitutes within federal statute prohibiting use of mails therefor. 1914D-1242. FRAUD. 381 FBAUD Continued. Prejudice or damage arising from false representations inducing person to do what law would compel him to do. 20-179. Price, misrepresentation by vendor of price paid for property as actionable deceit. 8-1062. Promise not to engage in business in future as fraud sufficient to support action. 1913A-388. Tax sale, proof of illegal combination of bidders as essential to affect valid- ity of sale. 1913D-963. 3. Effect of Fraud. Agency, implied promise of principal of indemnity to agent as affected by misconduct or fraud of agents. 1912D-994. liability of principal for fraud of agent as dependent on whether fraud is committed for benefit of principal. 1913B-829. Appellate court decision obtained by fraud as affecting jurisdiction after remand. 11-868; 1917A-286. Attorney, effect of fraud on running of statute of limitations against action by client to recover money collected. 15-1209. liability to client for fraud or unfair dealing. 1917B-11. license to practice procured by fraud as ground for disbarment. 20-212. Bankruptcy discharge procured by fraud as affecting right of collateral at- tack in state court. 18-602. Blank negotiable instrument fraudulently filled in, liability of maker to bona fide holder. 8-186; 11-197. Building and loan contract, avoidance on ground of fraud. 1917A-890. Burglary insurance, effect of false rep- resentations on liability of insurer. 1913C-1179. Carrier of goods, fraud of carrier or consignor of goods shipped C. O. D. as affecting rights and liabilities of consignee. 1916B-1221. Commission of fraud or deceit as injury to person or property. 19-936. Composition with creditors as affected by fraud. 1914A-843. FRAUD Continued. Elections, nomination fraudulently pro- cured as invalidating election. 7- 839. rejection of entire vote of district for fraud affecting indeterminate num- ber of votes. 1918A-41, 69, 73. Execution levy delayed through fraud of debtor as affecting creditor's rights. 21-934. Executors and administrators, conceal- ment of facts as affecting running of limitations against right to attack distribution of decedent's estate. 1918D-316. Fire insurance, misrepresentation in proofs of loss furnished under policy, effect. 1916A-451, 466, 470. Injunction, fraud as ground for enjoining proceedings in court of law. 5-727. Innocent false representations, liability of vendor of realty. 1913C-63. Judgment obtained by fraud as ground for injunction against execution sale. 1918C-244. warrant of attorney procured by fraud in one state, validity and effect in another state. 20-263. Landlord and tenant, lease procured by fraud as avoiding estoppel to dispute landlord's title. 4-110. Life insurance, right to contest policy on ground of fraud where it contains incontestable clause not excepting fraud. 1914C-652; 1916C-707; 1917E- 1116. Malicious prosecution, conviction pro- cured by fraud as affecting proba- tive force in action for malicious prosecution. 15-486. Marriage, fraud as ground for annulment of marriage. 12-28. procurement by fraud combined with mental weakness as sufficient to in- validate. 1913B-1240. Mercantile agency, false statement made by debtor as fraud on subsequent creditor. 1916D-753. Naturalization, fraud as ground for revo- cation of certificate. 1917C-46. Partnership, accounting after dissolution, effect of fraud by one partner upon running of limitation statute. 1918D-1117. 382 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. FRAUD Continued. commission of fraud by one partner as creating liability of copartner. 1912A-1337. procurement of partnership by fraud as ground for dissolution or rescis- sion. 10-695. Process, service of process procured by fraud, validity. 1916C-612. Prospectus, fraudulent representations in prospectus of corporation, liability of person whose name appears thereon as an officer. 1915C-559. Redemption from judicial sale after ex- piration of statutory period as af- fected by prior fraudulent transac- tion. 1913E-1189. Sales, concealment of defects in article sold, liability of seller for injury to stranger. 5-128. credit procured by fraud as affecting accrual of right of action for price. 7-544. Tax deed acquired by fraud as estop- ping holder to assert bar of statute . protecting tax titles. 16-1149. Telegraph company, liability for delivery of fraudulent or incorrect messages. 1-578; 5-521; 1915D-245. Trusts, setting aside during life of cre- ator for fraud or undue influence. 1918C-836. Vendor and purchaser, estoppel of pur- chaser to deny vendor's title as avoided by misrepresentation of ven- dor. 1912C-407. fraud of vendor in obtaining title as affecting rights of parties en ven- dee's notice thereof after convey- ance but before payment in full of purchase price. 1914A-44. Warehouseman, misrepresentation as to - nature of building as affecting lia- bility for loss of goods by fire. 19-246. Wills, probate refused through fraud as giving right to repropound. 15-70. revocation of will fraudulently pre- vented as affecting its validity. 1913D-312. 4. Eemedies. Animals, sale for breeding purposes, re- scission on account of fraud. 1916A- 575. FRAUD Continued. Bankruptcy, liability for fraud as affected by discharge in bankruptcy. 20-308. Cancellation of instrument procured by fraud in equity when adequate rem- edy at law. 8-548. Corporations, fraud as ground for suit by minority stockholders to wind up or dissolve corporation. 15-426; 1918E-430. Divorce decree procured by fraud, power of court to revoke. 18-1002. Equity jurisdiction in case of fraud where adequate remedy at law ex- ists. 3-611. Executor or administrator, personal lia- bility to third person for fraud. 21-356. Executory contract for sale of person- alty, performance after discovery of fraud as affecting right of action for damages. 7-280; 20-172. Foreign judgment, right to plead fraud as defense in action on. 1914D-999. Guaranty, fraud as defense to action. 1916A-501. Limitation of action for relief for fraud as applicable to action to quiet title. 20-45. Marriage induced by fraud, right to damages. 1915D-220. Master and servant, misrepresentation by servant as to qualifications as defense to action for wages. 1918D- 85. Patent, jurisdiction of state court of pro- ceeding based on fraudulent repre- sentations. 1916B-805. Release procured by fraud, respective jurisdictions of law and equity to avoid. 13-756. Rescission of fraudulent contract, limi- tation on right. 1-910. Sheriff's sale, caveat emptor rule as pre- cluding defense of fraud by bidder. 18-503. Vendor and purchaser, equitable relief in case of misrepresentation or fraud as to amount of land in sale of realty. 12-300. f money paid under verbal contract for sale of land, right of purchaser to recover back. 2-931; 1918C-432. Wills, jurisdiction of equity to set aside for fraud. 18-807. FBAUD Continued. FRAUDS, STATUTE OF. FRAUD Continued. 383 5. Pleading. Counterclaim for fraud in ection for fraud. 3-486. Demurrer to general allegation of fraud as confession of fraud. 14-368. Failure to deny fraud as raising presump- tion against party to action. 1914A- 923. Replevin, fraud of plaintiff as provable under general denial. 20-299. Scienter, necessity and sufficiency of al- legation in action for false repre- sentations. 16-646. 6. Evidence. Burden of proof as to fraud. 1-809; 1912A-711. Character or reputation of party or other person charged with fraud in civil action, admissibility of evidence. 8 1136. Fire insurance contract, parol evidence as admissible to vary terms on ground of fraud. 1914C-74. Guilty knowledge and fraudulent intent, necessity of showing. 1-810. Intention of party to action for fraud as provable by his direct testimony. 1912D-1044. Motive as establishing fraud, sufficiency of proof. 1-811. Parol evidence of false representations in contradiction of recitals of bill of sale. 19-546. Presumptions and burden of proof as to fraud. 1-809. inadequacy of price as raising presump- tion. 1-812. Question of law or fact, fraud as. 1-446; 1912A-713. Sufficiency of proof. 1912A-711. 7. Damages. Exchange of property, measure of dam- ages for false representations indu- cing exchange. 15-458. Sales, misrepresentation as to value of goods sold, measure of damages. 1913E-274. 8. Assignment of Cause of Action. Misrepresentation by party to contract as available to assignee of contract. 1912A-1124. Right to file bill in equity for fraud committed on assignor, validity of assignment. 1912D-549. Transfer of corporate assets to new cor- poration as passing right of action by corporation for fraud. 1915B- 951. FRAUDS, STATUTE OF. 1. In General. 2. Contracts Generally. 3. Contracts Relating to Land. 4. Contracts for Sale of Goods. 5. Promise to Answer for Debt, etc., of Another. 6. Contract not to be Enforced Within Year. 7. Representations as to Character, Credit, etc. 8. Memorandum Required by Statute. A. IN GENERAL. B. SIGNATURES. C. CONSIDERATION. 1. In General. Ejectment, oral contract for purchase of land as defense to action. 1912A- 566. Oral contract within statute as ground of defense. 11-479. Plea of statute, to whom available. 21- 1388. Pleading specially, necessity where de- fendant denies contract. 1912D-46. Reformation of contract on ground of fraud, accident or mistake, power of court of equity as affected by statute of frauds. 3-781; 18-919. Specific performance of contract for sale of land, oral contract for resale as defense to action. 1914D-461. Tort-feasor, availability of statute as defense. 21-1390. Waiver of protection of statute of frauds. 19-316; 1914C-1243. 384 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. FRAUDS, STATUTE OF Continued. 2. Contracts Generally. Alteration of contract by parol &a af- fected by statute where contract has been acted upon as altered. 7-1041; 1913E-750. Antenuptial agreement, oral contract as validated by postnuptial contract or conveyance in writing. 13-556; 1915A-271. Charities, oral promise to donate money to charity, validity and enforce- ability. 1914D-138. Corporate stock, effect on sales of sev- enteenth section of statute of frauds and equivalent enactments. 7-930; 18-599; 1917C-991. transfer not in writing, validity. 6- 481. Insurance, validity of oral contract. 6- 624. Judicial sales as affected by statute. 7- 1071. Marriage, contract in consideration of marriage, as within governing prin- ciples of statute of frauds. 1913E- 334. Minesi application of statute to contracts relating to. 10-99. Modification of written contract by parol as affected by statute. 1-728; 1915C-343. Parol contract partly within statute, validity and enforceability. 8-963; 10-509; 1918E-498. Patents, oral transfer of patent or pat- ent right, validity within statute. 1913E-1016. Personal property, contract authorizing one to purchase for another as within statute. 11-1100. Protest of bill or note, waiver by parol as within statute. 16-152. Tombstone or monument, contract to make as within statute. 10-309. Trusts, oral trust fully executed as af- fected by statute. 1913A-954. Unenforceable agreement under statute as consideration for new contract. 19-1182. FRAUDS, STATUTE OF Continued. 3. Contracts Relating to Land. Abandonment or rescission of written contract for sale of land, necessity that it be in writing. 14-729. Assignment of written contract for pur- chase of land, necessity that it be in writing. 15-1177. lease, parol assignment as affecting liability of assignee for rent. 1916E- 813, 842. Bidders at judicial sale, oral agreement to share property purchased by one as within statute. 1912B-320. Boundary line, parol agreement estab- lishing as affected by statute. 8-83; 16-150; 1912B-662; 1915B-728. Broker, oral contract employing real es- tate broker where statute requires written contract as affecting right to recover commissions. 13-977; 1915 A- 1133. Buildings, contract for sale of building as contract for sale of realty within statute. 1916D-970. Conflict of laws as to enforceability of executory contract relating to realty. 20-468. Crops, parol reservation of growing crops on sale of land, validity. 18-504; 1915A-1155; 1916C-344. Devise of land, validity of oral agree- ment to devise. 5-495; 20-1137; 1915A-463; 1918A-1191. Exchange of lands by parol as affected by statute. 1912A-308. Executed sale of land, admissibility of parol evidence to establish fact. 1914C-70S. Fences, validity and enforceability of oral contract to maintain division fence. 1912C-470. Improvements placed on land by vendee, liability of vendor on breach of oral r contract for sale of realty. 1913C- 390. Incumbrances. oral agreement by vendor or vendee to remove existing in- cumbrance as within statute. 1916B- 221. Mortgages, deed operative as mortgage, effect of statute upon parol agree- ment therefor. 11-313. FRAUDS, STATUTE OF. 385 FRAUDS, STATUTE OF Continued. delivery of possession of mortgaged realty to mortgagee, validity of oral agreement by mortgagor. 1914C- 926. discharge of mortgagor from personal liability, parol agreement as within statute. 1914B-122. oral agreement to mortgage land, ap- plicability of statute. 6-46. Parcel of tract of land to be selected by vendor or purchaser under writ- ten contract to convey as within statute. 19-373. Partition of lands by parol as contra- vening statute.. 8-405. Partnership agreement for purchase and sale o* land as within statute. 7 1142; 13-140; 1913E-567. Part performance sufficient to satisfy statute, continuance of existing pos- session of land as constituting. 9 135. possession taken by vendee without knowledge or consent of vendor and not in pursuance of contract as part performance satisfying statute of frauds. 1913E-510. " repudiation of contract by vendee on ground of statute as affecting his right to recover for acts of part per- formance where vendor is willing to carry out contract. 1914D-471. several parcels of land, possession of one as sufficient part performance. 8-80. Payment of money under verbal con- tract for sale of land, right of pur- chaser to recover. 2-931; 1918C- 432. Repudiation of oral contract for sale of realty or personalty, invocation of statute by successor in interest. 16- 412. Restrictive covenants, agreement by ven- dor of realty that he will impose similar restrictions on property sub- sequently sold, validity within stat- ute. 1914A-434. Revival by oral agreement of defunct contract for sale of land. 17-1111. Right of way across land, transfer to railroad as within statute. 1912D- 981. Services performed under contract for conveyance of land void under stat- Index to Notes 25 FRAUDS, STATUTE OF Continued. ute of frauds, remedy of person per- forming. 1913A-288. Title, estoppel of purchaser to deny ven dor's title as governing in case of oral contracts to convey. 1912C- 407. oral agreement by vendor to make title to land good as within statute. 1913D-1239. Trees and timber, sale of growing trees as sale of interest in land within statute. 9-192; 18-971; 1916A-243. Trusts, agent's purchase of lands with own funds under verbal agreement to hold for another as within statute. 5-257. resulting trust arising from purchase by husband in own name with wife's money, proof by paroL 1915D-630. 4. Contracts for Sale of Goods. Acceptance, buyer's act in selling or of- fering to sell goods as sufficient acceptance within statute. 1913B- 275. samples, acceptance thereof as accep- tance of part of goods sold within statute of frauds. 4-187. time when goods must be accepted to take contract of sale out of statute. 11-518. Barter and exchange contracts as within "sales of goods" clause. 14-308. Delivery, continuance of existing posses- sion by vendee as sufficient to take verbal sale of goods out of statute. 13-715; 1917B-572. delivery to carrier as taking sale out of statute. 2-545; 9-1169. symbolical or constructive delivery of goods within statute. 1917B-566. Joint purchase of goods from third per- son, contract as within statute. 1918C-744. Payment, medium of payment or part payment for goods to take contract out of statute. 15-32; 1915D-348. Repurchase or resale of goods sold, agreement therefor as within statute. 16-783. Transfer of chattel and doing of work and labor, application of statute of frauds to contract involving. 19 1292; 1914C-584. 386 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FRAUDS, STATUTE OF Continued. FRAUDS, STATUTE OF Continued. Uniform sales act requiring: written con- ,, 6. Contract not to be Enforced Within tract, construction. 1918D-412. 6. Promise to Answer for Debt, etc., of Another. Assumption of debt, agreement between parties whereby one assumes the other's debt as within statute. 18 391. Demand for payment on maker of prom- ise to pay debt or answer for de- fault of another, necessity of. 21 545. Executor or administrator, construction of provision of statute of frauds relating to promise made by. 1913C- 396. will contest, parol promise of executor to pay certain sum in avoidance as within statute. 1914D-514. Guaranty, validity of oral guaranty by transferrer of negotiable instrument. 2-506. Indemnity, application of statute to promise to indemnify. 6-671; 1912A- 884; 1915A-867. Joint promise by two persons for benefit of one of them, application of statute. 5-844. Original or collateral nature of oral promise within statute of frauds as question of law or fact. 9-895; 1915B-257. intention of parties as determining whether original or collateral. 1914A- 490. Promise to pay debt of another out of debtor's property as within statute. 1912B-446. Purchase price of property, promise made as part thereof as promise to pay debt of another within statute. 12- 1101. Eelinquishment of lien by promisee in consideration of promise to pay debt of another as within statute. 1913D- 319. Stockholder's oral promise to pay debt of corporation as within statute. 1912B-222; 1913D-851; 1917D-354. Capability of performance of contract within one year by one party and so performed, validity within stat- ute. 13-916; 1915C-548. Contingency, whether contract which de- pends upon contingency for per- formance within one year is within statute. 4-174; 1916E-1136. Contract not to be performed within one year but terminable at option of parties. 17-207; 1912B-731. Lease for one year to commence in future, validity of oral lease within statute. 5-829; 18-1078. Part performance of contract for ser- vices void under statute, measure of damages of recovery. 1-463. Year's employment to commence in future, validity of contract within statute. 5-330. 7. Representations as to Character. Credit, etc. Construction of statute requiring repre- sentations concerning character, cred- it and ability of another to be in writing. 1-690; 12-332; 1914A-953. "Person" as used in statute of frauds as- including private corporation. 20 741. 8. Memorandum Required by Statute. A. IN GENEBAU Abandonment or rescission of written contract for sale of goods, necessity that it be in writing. 1918C-1215. Acceptance, necessity of written ac- ceptance of written offer to con- stitute sufficient memorandum under statute. 1913A-1041. Auctioneer's memorandum, sufficiency to- satisfy statute. 1912D-1069; 1915C- 1079. Bids, written bid to do public work as sufficient evidence of contract to- satisfy statute. 1912B-722. Delivery of memorandum required by statute, necessity. 3-404; 1914C-267, FRAUDULENT SALES AND CONVEYANCES. 387 FEAUDS, STATUTE OF Continued. Lost memorandum, parol proof of con- tents. 1916E-173. Memorandum not mentioning state or political division in which land sold lies, sufficiency within statute. 9- 774. Parties to contract, necessity that mem- orandum within statute show. 13 313. Promissory note memorandum as within statute. 1914D-74. Resolution of corporation entered and signed by officers as sufficient. 7- 672. Several writings as memorandum within statute. 2-293; 6-191; 19-1162; 1914C-1010. Terms of sale, necessity that memoran- dum within statute contain. 9-1060. B. SIGNATURES. Agency, necessity that agent have writ- ten authority to make memorandum required by statute. 7-1101; 8-852; 1912B-1295; 1917A-524. sufficiency of signature by agent to memorandum for sale of goods. 4- 893; 6-298. One party, only, signing memorandum re- quired by statute, sufficiency of sig- nature. 3-1036; 7-671; 13-1121; 1912C-416. Printed signature to memorandum, suffi- ciency within statute. 1913B-663; 1918B-1030. Undisclosed principal, memorandum of sale of lands disclosing that it is eigned by one party for undisclosed principal, sufficiency within statute. 12-487. C. CONSIDERATION. Contract to answer for debt of another, statement of consideration in mem- orandum. 1913B-986. Necessity for statement of consideration in contract within statute other than contract to answer for the debt of another. 3-656; 1918A-134. Recital "for value received" as sufficient statement of consideration within statute. 1912A-1242. FRAUDULENT SALES AND CONVEYANCES. 1. In General. 2. What axe Fraudulent. 3. Who may Avoid. 4. Actions. 5. Sales in Bulk Acts. See Fraud. 1. In General. Antenuptial conveyances in fraud of marital rights. 1-860; 13-104; 1914D-293. marriage as consideration for convey- ance, validity of conveyance as against creditors of grantor. 21-473. Attachment, fraudulent sale or convey- ance as ground for. 5-618. sale of property without delivery or change of possession as ground for attachment. 1914D-1094. Bankruptcy, creditor's right to set aside fraudulent transfer by bankrupt. 11-932. discharge in bankruptcy as affecting right of trustee to recover property fraudulently transferred. 1912B-250. mortgage with intent to defraud as affected by bankruptcy. 1913E-853. partnership property applied to pay- ment of debt of individual partner as voidable transfer under Bank- ruptcy Act. 15-65. setting aside fraudulent conveyance by bankrupt, right of trustee before reduction of creditors' claims to judg- ment. 5-804. value of property fraudulently trans- ferred as affecting insolvency within bankruptcy law. 11-450. Color of title, fraudulent deed as. 1915D- 137. Composition agreement with creditors, effect of fraud thereon. 1914A-836. Corporations, insolvent corporation, right to prefer creditors. 15-1218. Dower, conveyance set aside as in fraud of creditors, right of wife joining therein to dower. 15-446. lands aliened by husband in fraud of creditors before marriage, right of wife to dower therein. 1913A- 631. 388 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. FBAUDULENT SALES AND CONVEY- ANCES Continued. Entirety, estate created by fraudulent conveyance as subject to claims of creditors of one spouse. 12-54. Homestead, validity of conveyance as against creditors. 1917C-994, 1012, 1014, 1016. Husband and wife, claims of creditors of one spouse as affected by title fraud- ulently taken in name of both. 12 54. estoppel of wife who permits husband to retain' record title to her realty to deny such title against one ex- tending credit to him. 1914C-1066. purchase by husband in name of wife with intent to defraud creditors. 1915C-1091; 1917B-225. transfers between spouses required to be in writing, construction of stat- ute. 1914B-394. Rents and profits, liability of grantee in fraudulent conveyance. 1914A-1008. Specific performance of agreement to reconvey property fraudulently con- veyed. 3-942. 2. What are Fraudulent. Accounts, liability on running account as existing or prior debt within rule as to fraudulent conveyances. 1913C- 1376. Assignment for benefit of creditors, reservation of balance or surplus as rendering transaction fraudulent. 1912D-500. Change of possession, necessity where joint owner sells interest in prop- erty in possession of other owner. 1912B-460. retention of vendor in employ of vendee as affecting change of pos- session within rule as to fraudulent conveyances. 1912A-608. Choses in action, applicability of statute against fraudulent conveyances. 5- 370. Contingent claim of creditor, validity of conveyance as against. 1914D-764. Corporations, stockholder's right to sue to set aside fraudulent sale or con- veyance. 1912D-1100. Insurance proceeds on property con- veyed in fraud of creditors, right to. 1917E-291. FRAUDULENT SALES AND CONVEY- ANCES Continued. transfer of policy on debtor's life .is in fraud of creditors. 1912B-896. Limitation of actions against, running of statute. 4-1098. Eecording acts, delay in recording deed as constituting fraud on creditors of grantor. 1918A-1054. Transfer to creditor in payment of or as security for sum greater than is actually due as rendering transaction fraudulent. 1918E-713. Voluntary conveyances, validity as against subsequent creditors. 1914A- 601" 3. Who may Avoid. Ejectment to recover possession, right of purchaser at execution sale of land conveyed in fraud of creditors. 1914C-975. Mortgagee as creditor entitled to attack conveyance of same or other prop- erty by mortgagee. 1917C-953. "Others" or "other persons," who is in- cluded within term in statute against fraudulent conveyances. 1912A-1156. Personal representative of grantor, right to set aside conveyance as fraud- ulent against creditors. 18-37; 1915B-212. Ecduction of creditor's claim to judg- ment before suing to set aside, ex- ceptions to rule requiring. 1-629. Surety of principal making fraudulent conveyance as creditor from incep- tion of suretyship. 1912B-625. 4. Actions. Creditor's bill to reach property fraud- ulently conveyed. 1914B-948. Declarations of grantor or vendor in possession as to fraudulent convey- ance or sale. 3-787. Equity, recovery of property converted in fraud of creditors, whether equity will aid grantor. 1913E-541. Eealty situate in another state, jurisdic- tion to set aside fraudulent convey- ance. 5-533. Venue of action to set aside transfer of realty as in fraud of creditors. 1913D-663. FREE DELIVERY LIMITS FREIGHT TRAINS. 389 FRAUDULENT SALES AND CONVEY- ANCES Continued. 5. Sales in Bulk Acts. Chattel mortgage, execution as violation of Sales in Bulk Act. 12-345. Conditional sale of goods to retailer for purpose of resale, effect of bulk sales act upon rights of one purchasing articles from vendee. 1916A-91. Constitutionality of statutes prohibiting sales of merchandise in bulk. 1-557; 3-274; 6-973; 8-457; 9-234, 252; 14- 437; 1912C-706; 1914C-713; 1915C- 414; 1917B-275; 1917C-930; 1918A- 271. Construction of statutory provision that sales of goods in bulk shall be pre- sumed fraudulent and void. 1913C 1214; 1915D-79. Conveyance to creditor in payment of debt as sale under statute prohibit- ing sales of merchandise in bulk. 9-332. "Goods, wares and merchandise," mean- ing within statutes regulating sales in bulk. 5-800; 8-1068. Part interest in business sold to partner or for creation of partnership as within bulk sales law. 1914B-1105. Remedies of creditor for violation of bulk sales law. 1916C-928. FREE DELIVERY LIMITS. Eights and liabilities of telegraph com- pany with respect to. 1912B-596. FREEDOM OF SPEECH. Constitutional liberty of speech and press. 15-3; 1915B-1183. FREEHOLDERS. Bona fide freeholder within intoxicating liquor statute, person who becomes qualified freeholder for sole purpose of petitioning or consenting to is- suance of license as constituting. 16-276. Who is "freeholder." 1913D-327. FREE PASSENGERS. See Carriers of Passengers. FREE PRESS. of press. Constitutional liberty 1915B-1183. 15-3; FREEZING. Property lost by freezing due to inad- equate water supply, liability of water company to consumer. 20- 1296. FREIGHT. Charges, necessity of payment where damages equal or exceed amount of freight. 1912D-277. nonpayment by consignee as affecting right to goods where damages equal or exceed amount of freight. 9-794; 1912D-277. overcharge in interstate shipment, jur- isdiction of state court of action to recover. 1913D-272. reasonableness of rates, matters to be considered on issue. 1916A-8. Delay in handling as excused by unusual and excessive amount. 11-274; 1913D-967. Delivery, prepayment on goods shipped as affecting question of delivery to pur- chaser. 20-1037, 1039; 1916A-1049. Ships and shipping, loss of vessel by collision as entitling owner to re- cover freight in. act of earning. 6- 132. FREIGHT-CAR. Out-building or outhouse, freight-car used as warehouse as within meaning o' term. 1912D-1193. FREIGHT DUE. Legal meaning of term. 1918E-789. FREIGHTING. Railroad company's power to conduct business of freighting goods. 4-911. FREIGHT TRAINS. Passengers, duty of carrier to carry on freight trains. 5-43. 390 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918D. FREIGHT TRAINS Continued. Wrongfully riding on freight train by permission or direction of employee, liability of railroad company. 9- 540 ; 1913E-575. FRESH AIR. Eelation of employee as affected by stopping work temporarily to obtain fresh air. 1913C-947. FRESHETS. Duty of one obstructing natural water- course to anticipate extraordinary freshets or floods. 8-777; 1918A- 1114. Loss of goods caused by flood, burden of proof as to fault of carrier. 1914D-1115. FRIENDS. Communication based on friendship ns privileged from disclosure. 1916C- 699. Contract induced by threats of crim- inal prosecution against friend, va- lidity and effect. 1917C-1033. Killing or assaulting friend as provoca- tion sufficient to reduce homicide from murder to manslaughter. 13- 1085. Malicious prosecution, similar act com- mitted by friend as probable cause for belief in person's guilt. 1916A- 1125. Physician summoned by friend as im- plying agreement of latter to pay for services. 1914C-589. FRIGHT. Bodily pain and suffering resulting from fright without actual physical vio- lence, right to recover damages. 12- 741; 1913E-505. Death caused by fright as homicide. 1912A-142. Discharge of firearms to frighten person as assault. 1917D-617. Dog barking at horse or other animal, liability of owner of dog for in- juries resulting. 1912D-996. FRIGHT Continued. Fish or game frightened or driven away, from one's land by lawful acts, right of action for. 1913E-536. Horses, contributory negligence of driver at railroad crossing, frightened or un- manageable team as excuse. 16-954. hand-car operation frightening horse, liability of railroad company. 1916E- 324. municipal liability for frightening horse by stationary obstruction in street. 1913C-534. personal injuries caused by train or cars frightening horse, liability of rail- road. 3-1070; 10-302; 1913B-293. use of person's own premises, frighten- ing horse on adjacent highway, lia- bility of land owner. 1912C-461. FROGS. Duty of railroad *to block. 9-498; 14- "696; 1916E-642. FROM. Word of inclusion or exclusion in com- putation of time or determination of place. 15-27; 1918A-924. FRONT-FOOT RULE. Corner lot, mode of assessing for public improvements under front-foot rule. 1915D-1077. Validity of special assessment levied by front foot instead of according to benefit. 1913A-655; 1918D-432. FROST BITE. Injury resulting as accident arising out of, and in course of, employ- ment within Workmen's Compensa- tion Act. 1913C-11; 1918B-780, 789. FRUIT. Crop growing on trees as realty or per- sonalty. 1912C-736. Diseased fruit, validity of statute pro- viding for destruction. 1917E-220. Overhanging trees, rights of adjoining land owners. 1918B-1168. FRUIT-STANDSFURNACES. 391 FRUIT-STANDS. Burglary, description in indictment, suffi- ciency. 1913D-876. Nuisance, fruit-stand or similar structure on public highway as nuisance. 1916D-773. FRUIT TREES. Implied warranty on sale of nursery stock. 1913E-93. Measure of damages recoverable by ven- dor in case of anticipatory breach by vendee of contract for sale of nursery stock, trees or the like for future delivery. 1913C-765. FUNDS. See Public Funds. Assignment of funds in bank by check. 5-189. Legal custody, creditor's bill to reach. 1914B-937, 960. interest on funds deposited in court, right to recover. 1912B-1004. Mutual insurance company, accumulation of fund for special purpose, distribu- tion on dissolution. 7-413. School funds, power of legislature with respect to expenditure. 1917C-917. Trust funds, investment in private cor- porate stock, right of fiduciary. 16- 69. FRUSTRATION OF VOYAGE. Existence of war causing frustration of voyage as constructive total loss within marine insurance policy. 1916D-384. FUEL. Municipality, power to engage in business of furnishing fuel to inhabitants. 191 60-742; 1918E-663. FUGITIVE FROM JUSTICE. Identity of fugitive, burden of proof within law of extradition. 20-546. Eeview of conviction for crime as af- fected by escape of person convicted. 3-512; 13-497. Who is fugitive within purview of inter- state extradition laws. 7-1076; 13- 907; 1918D-1011. FULL CREW ACT. Validity and construction of act. 1915B-162. FUNERAL EXPENSES. Child, liability of parent for burial ex- penses. 1913E-929. Death by wrongful act, funeral expenses as element of damages. 6-201; 13- 744. Executors and administrators, recovery in action against executor or admin- istrator in representative capacity, right of. 1-773; 1915D-746. Husband's liability for wife's funeral ex- penses. 1-172; 1917B-1164. Limitations of actions, running of stat- ute on claim against estate for funeral expenses. 19-791. Priority in payment over judgment against decedent. 1912A-778. Tombstone or monument as part of funeral expenses. 1917B-256. Wife's liability for husband's funeral ex- penses. 18-856. FUNERALS. Liability for refusal to permit person to attend relative's funeral. 1914A- 1248. Negligence of telegraph company pre- venting addressee from attending funeral, liability. 1913B-246. FULL FAITH AND FURNACES. OKiiiDll. -pire caused by furnace, liability for. Provision of federal constitution as ap- 1917C-771. plicable to state courts of inferior Realty or personalty, furnace as consti- jurisdiction. 21-1153. tuting. 2-375. 392 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. OAS. 1918E. FURNISH. Meaning of furnish, furnished or furnish- ing. 1913A-1232. FUTURE ADVANCES. Fraudulent conveyances, excess transfer to cover future advances as consti- tuting. 1918E-721. Mortgage securing future advances, va- lidity as against assignee in bank- ruptcy. 1913E-852. validity and construction of mortgage to secure future advances. 1913C- 552. FUTURE CONSEQUENCES. Personal injuries, admissibility of opinion evidence aa to future consequences. 21-326. FUTURE DELIVERY. Gambling contract, illegality of contract for sale of property for future de- FUTURE DELIVERY Continued. livery where one party only intends delivery. 11-440. Sale by sample for future delivery as peddling. 2-830; 1917D-686. FUTURE EARNINGS. Assignability of wages. See Assignments. FUTURE ESTATES. Succession taxes, time for taxing. 5-237; 1916D-309. FUTURE PAIN. Eight to recover for future pain and suffering in action for personal in- jury. 9-1051. FUTURES. Contract of buying and selling futures as subject of interstate commerce. 14-1031. G GAMBLING. See Gaming. GAME. See Fish and Game. Meaning of "game" as used in game laws. 20-621. GAMES. Injunction, right to enjoin owner of vacant lots from permitting their use for playing games. 14-177. Sunday laws as applicable to amusements or exhibitions. 16-406; 21-681; 1914C-782. ^baseball playing on Sunday as nuisance. 18-1095. Trademark or trade name as infringed by similar name. 1915B-348. GAME WARDEN. Carrying concealed weapons, exemption from statute against. 1914A-256. GAMING. 1. In General. 2. Lotteries. 3. Right of Recovery. 4. Gambling Contracts. 1. In General. Apparatus for gambling, sale by use of mails as scheme to defraud within postal laws. 1914D-1248. Bank notes as money within gaming stat- utes. 4-630. Betting on elections, general statutory provisions as applicable to primary elections. 16-252. GAMING. 393 GAMING Continued. Billiard or pool table, keeping as subject of exercise of police power. 11-66; 1913D-1052. "Bookmaking," what constitutes within statute against gaming or gambling. 17-1084. Bucket shops or transactions therein, statutes relating to gaming as ap- plicable. 17-709. Card-playing at private house as within, statute against gaming. 1913C-539. Carriers of passengers, gambling on train as ground for ejecting passenger. 8-222. Common gambler, who is. 1913A-773. Cruel and unusual punishment for gam- ing. 19-730. Fair grounds, power of state to suppress gambling on. 1914D-365. Horse-racing, betting on as gaming or gambling. 6-693; 11-280. validity of statute licensing or regu- lating. 8-1016. Leased premises, use for gambling as for- feiting tenant's rights under lease. 1913C-1355. License tax, imposition as legalizing gaming. 4-575. "Outhouse where people resort," meaning within gaming statute. 1912D-1196. "Place," as used in statute against gam- ing or betting, construction of word. 7-240. Playing game for price thereof as gam- ing. 2-618. Poolrooms, regulation and suppression as exercise of police power. 2-71. Pools, what constitutes buying or sell- ing pools within statute against gam- ing. 1916B-100; 1918A-179. Retaking money lost at gaming as rob- bery. 21-1139. Seizure and destruction of gambling ap- paratus, validity of statutes au- thorizing. 2-936; 13-454. Slot machine as within statute against gaming or gambling. 20-131; 1915C- 173. Social club, applicability of statute against gambling. 1912A-995. GAMING Continued. Statute relating to gaming, effect of partial invalidity. 1916D-46. Sunday laws, private gajnes of chance as within prohibition. 16-409; 21- 683. Telegraph company, refusal to furnish stock quotations for gambling pur- poses, right to equitable relief. 6-887. Witnesses, gaming as crime for convic- tion of which witness may be im- peached. 1916A-276. 2. Lotteries. Advertisement of lottery or similar en- terprise, statutes prohibiting. 1916A- 907. liberty of speech and press guaranty as invaded by prohibiting advertis- ing of lottery. 15-8. Chance as essential element of lottery. 1-168; 12-136. Cruel and unusual punishment for sale of lottery tickets, what constitutes. 1918B-400. Guessing contest or competition as lot- tery. 12-321. Insurance policy on lottery ticket, va- lidity. 15-541. Land, distribution of parcels of land by chance as lottery. 18-568. Lottery, what constitutes. 1-91; 191 7D- 144. Tailor's club for distributing clothes as lottery. 5-837; 16-846. Voting contest as lottery. 1915B-172. 3. Right of Recovery. Article used for gambling purposes, loss or injury, right to recover for. 1914D-633. Joint liability to loser of persons win- ning bet. 8-189. License tax imposed on gaming operation or device as affecting right of re- covery of money won from plaintiff. 4-576. Money placed in another's hands for gambling purposes but not so used, right of person advancing to recover. 1914D-48. 394 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. GAMING Continued. GARAGES Continued. Becovery of money lost in gaming, from negligence of employee driving bailor's whom may be had. 1918E-138. Setoff of prior winnings in action to re- money lost at gambling. Wife's right to recover money lost by husband in gambling. 1914C-1081. 4. Gambling Contracts. Commercial paper transferred to secure money for gambling or to pay gambling debt, validity. 21-628. Conflict of laws, gambling contracts or agreements collateral thereto, law governing validity. 17-48. Contract for sale of property for future delivery where one party only in- tends delivery, illegality as gambling contract. 11-440. Equitable relief against gambling con- tracts. 1-154. Forbearance to sue as new consideration permitting recovery of gambling debt. 14-249. Margins, other transactions between or by one of parties, admissibility of evidence on issue whether contract is for future difference. 1914D-87. Parol evidence to show illegality of gambling contract, admissibility. 16- 389. GANGPLANK. Passenger falling off gangplank, liability of carrier by water for injury or death. 1917D-1042. GARAGES. Building restriction, construction as ap- plied to use of premises for garage. 1912D-480. erection of building less than certain distance from front line of premises, restriction as applicable to garage. 1914A-12. Fixtures, building erected for use as garage, right to remove as trade fixture. 1915D-265. Garage-keeper, liability for safety of automobile intrusted to him. 1913E- 835; 1915D-957. car, liability for injuries caused. 1916A-6C6. Lien of garage-keeper for repair or storage of machine. 1916A-630. Municipal regulation, of garages. 1915C 186. GARBAGE. Deposit of garbage by municipality as constituting nuisance. 1915A-139. Independent contractor, person employed in connection with garbage collection as. 19-23; 1918C-656. Individual depositing garbage on own premises, liability as for nuisance. 1915A-132. Eemoval of garbage, validity of ordi- nances regulating. 4-281; 8-818; 19- 1221; 1915C-487. Tort committed in removal of garbage, liability of municipality. 1916C-242; 1918D-834. GARDENS. Changing meadow into garden as waste. 1918D-545. GARNISHMENT. 1. In General 2. Property Subject. 3. Persons Subject. 4. Exemptions. 5. Actions. 6. Garnishment Bonds. 1. In General. Bankruptcy of principal debtor as affect- ing rights acquired by proceedings. 18-382. Payment of judgment by garnishee, effect on liability to principal defendant in another jurisdiction. 1918C-829. Priority between writ of garnishment and check as to funds in bank. 5-190. Process of garnishment as security. 1914D-624. Residence as synonymous with domi- cile. 1915C-789. GARNISHMENT. 395 GARNISHMENT Continued. 2. Property Subject. Cars of foreign railroad, liability to. 2-349; 9-440; 11-910. Corporate stock, garnishment by summon- ing corporation. 14-264. Debt due to principal defendant and an- other, garnishment of. 3-803. Goods in hands of carrier as subject to garnishment or trustee process. 1913A-1321; 1914D-81. Indebtedness recoverable by defendant only after demand as subject to gar- nishment. 1914C-465. Money standing in name of debtor but belonging to third person as reach- able in proceedings. 1917C- 1145. Safe deposit box, property in, as subject to. 1914A-968. Salaries, fees, etc., of public officers or employees as subject. 17-525. Situs of debt for purpose of garnishment. 1913D-803. 3. Persons Subject. Bankruptcy, garnishment of funds held by trustee. 13-810. Counties, liability to garnishment. 3-180. Executors and administrators, garnishment of funds held by. 2-921. Guardian, garnishment of funds held by. 13-500. Municipal corporation as included under term "corporation" in statute. 1913B- 746. Nonresident, liability of individual non- resident. 3-1088. Plaintiff garnishee in his own action, right to make himself. 1914A-726. Receivers, property in hands of. 15-131. School district as subject to. 17-510. 4. Exemptions. Exemption of money "due" or "to be paid" as applicable to money after payment. 7-755. GARNISHMENT Continued. Foreign garnishment, duty of garnishee to set up exemption rights of debtor under law of latter's domicile. 5- 171. Nonresident, right to claim exemption in absence of express restriction in stat- ute. 10-500. Principal debtor, duty and liability of garnishee in regard to former's ex- emption rights. 5-169. 5. Actions. Appeal in principal action as bringing garnishment proceeding up for re- view. 1918A-516. Appearance, effect of general appearance by garnishee. 21-1130. Injunction to restrain proceedings. 12- 335. Judgment debtor, liability in jurisdiction other than that in which payment is rendered. 1914A-957. Jurisdiction as dependent upon amount in controversy in principal action 3-660. Lien created by prosecution of garnish- ment proceedings. 18-382. Pendency of garnishment proceedings, effect on subsequent action against garnishee by principal defendant. 9-478; 1916B-365. Satisfaction of judgment in principal case, effect upon garnishment pro- ceeding. 6-752. Setoff by garnishee, claims maturing after service of garnishment as subject to. 18-214. necessity that garnishee specially plead defense of setoff. 13-706. Venue, right of garnishee to change. 5-777. 6. Garnishment Bonds. Discharge of surety on bond by discharge of principal in bankruptcy. 15-958. Judgment against principal as evidence against surety on claim bond given to release garnishment. 1915D-410. 396 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. GAS AND GAS COM- PANIES. 1. In General 2. Gasworks, Construction and Operation. 3. Bates. 4. Liabilities of Gas Company. 5. Natural Gas. 1. In General. Accident insurance, death or injury from inhalation of gas as within policy. 1-255; 6-554. Independent contractors, persons engaged in construction work for gas com- pany as. 19-23; 1918C-656. Larceny of gas. 6-739. asportation or carrying away of gas, what constitutes within law of lar- ceny. 21-858. ; Pipes, interfering with in making public improvements, rights against munici- pality. 6-390. Public lands occupied for gas exploration, withdrawal from settlement. 1918C- 1009. 2. Gasworks, Construction and Operation. Extension of mains, judicial review of order of public service commission. 1916E-1044. Individual's right to engage in business of manufacturing and selling gas. 1914C-938. Lamps or other fixtures to be furnished consumers free of charge, validity of statute or ordinance requiring. 1913A-62. Landlord and tenant, light furnished to tenant, validity of statute or ordi- nance making owner of premises liable. 7-1017; 11-241. Municipal corporation, power to construct or purchase lighting plant. 1916B- 523. Nuisance, gasworks as nuisance. 21-1249; 1915D-779. storage of gas as nuisance. 1916C- 821. Owner of premises, liability for light furnished former owner, validity of statute or ordinance imposing. 7- 1017; 11-241. GAS AND GAS COMPANIES Continued. Plant or accessories as fixtures. 1917B- 183. Quasi-public corporation, gas company as. 18-1065. Rules and regulations of gas company, reasonableness as question of law or fact. 3-715. Storage of gas within municipal limits, validity of ordinance regulating. 1918E-150. injunction against storage or keeping of gas. 14-595. Taxation, exemption of gas company as "manufacturer." 10-668. mains, conduits, etc., situate in more than one taxing district. 18-717. 3. Kates. Advance charges for service, right to require payment. 1914D-119. Constitutionality of statutes regulating rates. 1-433. Minimum charge for service, right to make. 1914D-456. State or municipal regulation of gas rates. 11-748; 15-1042; 1917B-1026. 4. Liabilities of Gas Company. Escape of gas from pipes, liability of gas company for injury caused. 1914C- 344; 1916E-277. Explosion of gas escaping from pipes, lia- bility of gas company for injury caused. 1914C-367. Negligence oji part of gas company, what constitutes. 1-66. Wrongful failure to furnish gas to con- sumer, liability of gas company. 1915B-95. 5. Natural Gas. Lease of natural gas lands, covenants for diligent prosecution of work. 2446; 20-1165; 1917E-1120. "domestic purposes," meaning of phrase in gas lease. 1914D-563. executor's power to make gas lease. 1-406. Natural gas as mineral. 20-937; 1913B- 1214. GASOLINE GIFTS. 397 GAS AND GAS COMPANIES Continued. Statutes relating to natural gas, effect of partial invalidity. 1916D-70. Waste of natural gas, constitutionality of legislation to prevent. 4-213; 16- 1001; 1912C-165. right of land owner to waste gas to injury of neighbor. 4-357. GASOLINE. Keeping within municipal limits, validity of ordinance regulating. 1918E-145. Storage as nuisance. 16-821; 1916C-820. injunction against storage or keeping. 14-595. Use for kindling fire 1912A-630. as negligence. GAS RANGES. Kealty or personalty. 2-376. GATES. Opening outward in street, liability for injuries caused. 1916E-458. Bailroad crossing, existence of gate as excusing traveler from duty to look and listen. 7-801; 1914-704. injuries caused by gate, liability of railroad. 1913B-800. maintenance of gate at crossing, duty of railroad company. 3-449. ^power of municipality to require rail- road company to maintain gates. 5- 301. Servient owner's right to erect or maintain gates at ends of way acquired by prescription. 1914D-770. GENERAL APPEARANCE. See Appearance. GENERAL DENIAL. See Pleading. GENERAL REPUTATION. See Reputation. GENERAL REVENUE. Legal meaning of term. 1918B-207. GEOGRAPHICAL FACTS. Judicial notice of. 12-927. GEOGRAPHICAL NAMES. Use as unfair competition. 10-71; 1915 A- 543. GERMINATING POWER. Seed, express or implied warranty on sale. 1918B-72. GIFTS. 1. In General. 2. Gifts Inter Vivos. 3. Gifts Causa Mortis. See Charities; Wills 1. In General. Child given to another, right of parent or guardian to reclaim. 6-939. Debt of donee, what constitutes good gift. 1915A-18. Imperfect or incomplete, enforcement as trust. 16-373. Infants, validity of gift by. 21-973. Inheritance tax, liability of transfer made before death. 14-109; 1915B-1089. Intoxicating liquors, constitutionality of statute prohibiting giving away^ of liquors. 13-736. gift of liquor to minor as within statu- tory prohibition against furnishing liquor. 4-1063. prohibition against giving away liquor as applicable to agent or messenger of purchaser. 1912C-633. Invalidity of gift, right to show under general denial in replevin. 20-300. Joint deposit in bank as constituting gift. 1916D-520. Life insurance policy as subject of gift. 1914D-297. 398 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918Ev GIFTS Continued. Married woman to person other than hus- band, validity of gift of personalty. 4-586; 1914C-884. Mortmain statute, gift in violation as void or voidable. 10-1030. Oral promise to donate money to charity, validity and enforceability. 1914D- 138. Parol gift of kind, evidence sufficient to establish. 12-494; 21-289. Property given in contemplation of mar- riage, right to return on breach of contract. 19-538. Stock certificate, delivery without indorse- ment or registration as valid gift. 1912C-1235. validity of gift not in writing. 6-482. Sunday, validity of gift made on Sunday. 1917A-424. GIFTS Continued. Unincorporated association, validity of gift inter vivos to. 1912A-689. 3. Gifts Causa Mortis. Check, gift as valid gift causa mortis. 10-475. Delivery of key of box or other receptacle containing property as sufficient de- livery to support gift causa mortis. 1914A-529. Gift causa mortis by delivery to third person. 2-1003. Law governing validity of gift causa mortis. 1912C-272. GIFT TO CLASS. What constitutes testamentary gift to class. 21-415. 2. Gifts Inter Vivos. Check as valid gift inter vivos. 1912A- 330. Completed gift inter vivos by parent to child, revocability. 6-432. Conditional gift inter vivos, revocability. 1915D-695. Conveyance inter vivos by parent to child, presumption and burden of proof of undue influence. 17-989; 1915D-711; 1918B-457. Deposit of money in bank to credit of another as complete execution of gift inter vivos. 3-865; 1917E-367. Donor's own note as subject of gift inter vivos. 1914C-1139. Feeble-minded person, gift inter vivos to. 1913B-1016. Legacy as satisfaction of gift inter vivos, admissibility of parol evidence to determine. 1915B-59; 1915A-926. Married woman to person other than hus- band, validity. 4-586; 1914C-884. Mortgag'e, validity of gift inter vivos of mortgage without writing. 1916C- 814. Possession by donee after donor's death as evidence of gift inter vivos. 1913B- 563. Principal's gift inter vivoa to agent, validity. 15-1133. Gin as food. GIN. 1913E-1293. GIN-HOUSE. Burglary, sufficiency of indictment with respect to description of gin-house. 1913D-874. GIRL. Inclusion in term "woman." 10-953. GOING TO WORK. Federal Employers' Liability' Act as pro- tecting railroad employees on way to work. 1918B-66, 70. Workmen's Compensation Act as covering injury received on way to work as accident in course of employment. 1913C-21; 1916B-1312; 1918B-814; 1918D-683. GOOD FAITH. Attorneys, assignment or conveyance by client to attorney, burden of proof as to good faith. 18-123. Breach of injunction, good faith of person enjoined as defense to liability. 1913D-375. GOOD HEALTH GOVERNMENT. 399 GOOD FAITH Continued. Composition with, creditors, good faith in- cumbent on parties. 1914A-843. Druggist, good faith in making sale of liquor as affecting legality of sale. 1912D-1345. Evidence, direct testimony of party as ad- missible to show. 12-8; 1912D-1045. weight of uncontradicted testimony. 12-246. Fairness of transaction, burden of proving. 1912A-704. False imprisonment, evidence of good faith admissible in mitigation of damages. 1914A-1018. Malicious prosecution, good faith as ele- ment of defense in action for. 1-933. Partners, duty to observe good faith to- wards each other as applicable to sale of partnership interest by one to other. 1912D-1245. Public officer, good faith in committing wrongful act as affecting right of re- moval therefor. 1913B-400. Savings bank officers, good faith as affect- ing liability for mismanagement. 1913B-428. GOOD HEALTH. Life insurance, burden of proof of good health of insured at time of delivery of policy where insurance contract so requires. 17-238. construction of representation that per- son applying for reinstatement of insurance is "in good health." 1918D 1005. GOODS, WARES AND MERCHANDISE. Chattel mortgage, sufficiency of descrip- tion of stock of goods. 1915D-783. Hawking or peddling by others than pro- ducers of goods sold, validity of stat- ute or ordinance prohibiting. 16 1030. Lien for private storage, right to. 1913D- 1300. Sales in Bulk Acts, meaning of term "goods, wares and merchandise." 5-800. GOODS, WARES AND MERCHANDISE Continued. Ships as merchandise. 11-681. Store fixtures as not within term "mer- chandise." 8-1068. Sunday sale prohibited, what come within purview of statute. 13-856. GOODWILL. Creditor's bill, goodwill of business as reachable by. 1914B-961. Eminent domain, injury to goodwill as element of damages in condemnation proceedings. 1918B-878. Injury to goodwill of business, damages recoverable. 19143-879. Partnership, right of partner to dispose of firm goodwill. 20-582. Profits, and goodwill, distinction between. 20-691. Restraint of trade, sale of goodwill as constituting. 9-909. Sale of business as passing goodwill with- out mention thereof. 18-433; 1917 A- 1015. Vendor's rights as affected by sale of goodwill in business. 11-573; 21-427; 1914B-587. GOVERNMENT. Charitable gift for governmental purpose as valid. 1914A-1215. Claim against federal government, validity and construction of statute limiting amount of attorney's fee for collect- ing. 1918C-863. part payment as satisfaction of claim against government. 1914D-824. Contracts with United States government, annulment, suspension, modification, or additional compensation thereunder. 1918E-5, 34, 36. Injury to property incidental to proper exercise of governmental powers as taking or damaging property. 4-1185. Martial law, powerlessness of civil gov- ernment as necessary to warrant dec-- laration. 1914C-28. Remedy against government for infringe- ment of patent rights. 15-1109. 400 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. GOVERNMENT Continued. Separation of powers, what is judicial power within constitutional theory. 1913E-1097. Special assessment, public property of national government as subject to. 1917D-844. GOVERNOR Continued. bastardy, power of executive to pardon person found guilty. 16-322. Eemission of fines and forfeitures, power of executive. 17-603. Vacancy in office of governor, existence and effect. 1915A-577. GOVERNMENT RESERVA- TIONS. Criminal laws of state adopted by United States, validity and construction of federal statutes. 21-946. Judicial notice of Indian and military reservations. 12937. Taxation of personalty on government res- ervation, right of state or territory. 14-964. GOVERNMENT SYMBOLS. Use for advertising or commercial pur- poses, validity of statutes prohibiting 4-270; 10-528. Enactment of Laws. Approval of bill in part only, power of executive. 20-162. withdrawal of approval, right of ex- ecutive. 13-230. Extrinsic evidence with respect to ap- proval or disapproval of bill by ex- ecutive, admissibility. 1917C-836. Presentation of bill for governor's sig- nature. 1914D-268. Signing or rejecting bills passed by leg- islature, computation of time allowed. 6-717; 1912A-801. exclusion or inclusion of Sunday or holi- day in computation of time for return of bill. 1917E-943. Veto by executive, evidence of. 19-837. GOVERNOR. In General. Absence of governor, what constitutes. 1912C-351. Appointment to office, right of governor to make appointment where term does not begin until after expiration of term of appointing power. 18-142. power to appoint in absence of constitu- tional or statutory authority. 19-823. Constitutional amendment, necessity of approval of proposed amendment. 4 703. Extradition, review by courts of executive action in interstate extradition pro- ceedings. 3-876; 13-931. con- 1913B-789; Immunity of governor from judicial trol. 3-391; 11-620; 1913B 1915B-423. Mandamus to compel performance of min- isterial duties. 3-391; 7-1114; 11- 620; 1913B-789. Martial law, power of governor to declare. 1914C-24. Pardoning power, as confined to offenses against state. 19-115; 1914A-484. GRADE CROSSINGS. Abolition, validity of statute empowering municipality to abolish. 1915A-76. Jurisdiction of Public Service Commission to make regulation respecting grade crossing. 1915C-1289; 1918B-1056. GRAFTING. Meaning of term "graft." 19-1079. GRAIN. Dealer, seller of grain as "dealer." 1917A- 953. Deposit of grain in warehouse as bailment or sale. 10-1074. Threshers' liens against grain. 11-1003.. GRANARY. Burglary, sufficiency of indictment with respect to description of granary, 1913D-875. GRANDCHILDREN GRANTS. 401 GRANDCHILDREN. "Dependent" within Workmen's Compen- sation Act as including grandchild. 1918B-756. "Family" as including grandchildren. 1913B-460. Term "child" or "children" in statute as including grandchild or grandchildren. 1918E-1004. GRAND JURY. Accused's testimony before grand jury as affecting validity of indictment based thereon. 6-606. Amicus curiae, power to object to com- petency of juror. 1915A-196. Appearance of private or substituted pros- ecutor before body as affecting in- dictment. 1912D-184. Attorney general of state, right to appear before grand jury. 1912D-945; 1915D-161. Challenge to grand juror, bias as ground in absence of statutory provision. 4-873. Complainant as member of grand jury as affecting validity of indictment. 1912B-738; 1916C-424; 1917E-619. Court officer in grand jury room, presence as vitiating indictment. 1912D-978. Criticism of grand jury as contempt of court. 1912A-165. Disclosure of proceedings by grand juror as contempt of court. 15-257. Evidence before grand jury, inquiry as to sufficiency. 1-842. Habeas corpus as mode of review of errors in selection of grand jury. 11-10-53. Impeachment of indictment by member of grand jury. 20-47. Inspection of minutes of grand jury, right of indicted person. 41055; 18-421. Libel and slander, report of proceedings of grand jury as within rule of privi- lege under law of libel. 1915A-38; 1918E-1196. Malicious prosecution, action of grand jury as evidence of existence or want of probable cause for action. 21-1047; 1916A-340. Member of grand jury indicting defend- ant as qualified juror in trial of de- fendant. 1917D-456. Index to Notes 20 GRAND JUEY Continued. Number concurring in indictment, testi- mony by members as to. 1-649. Power of grand jury to report crime or misconduct otherwise than by indict- ment or presentment. 1916E 228. Preliminary examination, right of grand jury to find indictment before or pend- ing preliminary examination. 1912D- 145. Quorum, number of jurors necessary to constitute. 1912C-30; 1918A-106. Reassembling grand jury after discharge, power of court. 17-656; 1916C-207. Eesubmission of cause to grand jury. 1916D-273. Returning indictment in open court, ne- cessity of. 4-527; 19-1124. Selection certain time before term, effect of failure to comply with statute re- quiring. 1913D-96. legality of grand jury not selected in accordance with statute. 10-964; 1918A-10'80. Stenographer present in grand jury room, effect on indictment. 1915B-232. Waiver of irregularity in formation of grand jury. 4-226. GRANDNEPHEW. Niece or nephew in will as including grandniece or grandnephew. 1913E- 589. GRANTS. Abandonment of state, Mexican and Spanish land grants. 19-375. Land grants, judicial notice of. 12-937. Minerals, grant as including petroleum and natural gas. 20-938. Navigable waters, validity of legislative grant of exclusive control over navi- gable stream. 1915D-69. Parks or squares for railroad purposes, right of state or municipality to make grant. 21-690. Rule of construction in favor of public of constitutional or statutory grant to private person or corporation. 1914A- 158. Water-power. construction of grant. 1916D-1002, 1022, 1026, 1030. 402 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E-. GRASS. Leased premises, liability of third person to landlord for injury to growing grass. 1912D-122. Sidewalks, right of municipality to use or permit to be used part of sidewalk for planting grass. 1912D-1236. GRATUITIES. Mitigation of damages, payment or ser- vices by third person as constituting. 1-213; 10-794; 1915C-893. GRAVEL. Abutting owner's right to remove gravel from highway. 2-596; 11-445. Eight to take gravel from bed of navi- gable stream. 1916B-559. GRAVEYARDS. See Cemeteries. GRAVITY RAILROAD. Noise arising from exercise of lawful amusement as nuisance. 4-378; 19- 993; 1912B-429. GRAZING. Use of another's land for purpose, implied contract to pay rent. 1912C-1147. GREEK LETTER FRATER- NITIES. See Colleges and Universities; Societies and Clubs. Exemption from taxation. 1918E-278. Validity of statutory or other prohibition against secret societies among stu- dents. 1916E-527. GROCERS. Trade, grocer as engaged in. 1916A-1200. GROSS EARNINGS. fiailroad company, what are "gross earn- ings." 16-429. GROUND RENTS. Extinguishment by merger of estates. 8-996. Eealty or personalty, ground rent as. 1918A-150. Taxation of land conveyed on condition of payment of ground rent. 1914B- 845. GROW DUE. Legal meaning of term. 1918E-789. GUARANTY. Absolute guaranty and offer to guarantee, distinction between. 15-1164. Bank contract of guaranty, liability on. 1916D-554, 565, 570. Breeding animal, construction of guaranty of offspring in contract for service by animal. 1916A-576. Character, credit and ability of another, construction of statutes requiring rep- resentations to be in writing. 1-690; 12-332; 1914A-953. Collateral oral agreement as admissible to. vary contract of guaranty. 1912A- 779. Consideration for contract of guaranty, for- bearance as sufficient. 1916A-970. Continuing and limited guaranties, dis- tinction between. 4-822; 1918E-609. Corporations, power to guarantee stock or bonds of another corporation. 11-891. Credit given in excess of amount guar- anteed, liability of guarantor. 1913A- 1090. Death of guarantor, effect on rights of parties. 1914D-852 1 . Demand for payment, necessity of demand on maker of promise to pay debt or answer for default of another. 21- 545. Deposit of securities with state as guar- anty, right to proceeds on dissolution or insolvency of corporation. 1914D- 439. Discharge of guaranty, accommodation . guarantor, discharge under negotiable instruments law by extension of time to principal debtor. 1913C-530. change in firm or corporation as dis- charging guaranty thereto. 15-1020. GUARANTY INSURANCE GUARDIAN AND WARD. 403 GUARANTY Continued. creditor's acceptance of bill or note from debtor as discharge of guarantor. 4-886: 1916A-1194. \ ' incorporation of obligee as affecting guaranty contract thereto. 1913C-820. Fraud as defense to action on guaranty. 1916A-501. Inconsistent defenses in action growing out of guaranty. 1917C-720. Indorsement of non-negotiable paper as charging indorser as guarantor. 1912B-707. Letter of recommendation, liability of per- son giving to person suffering loss by reliance thereon. 1916B-378. Liability of guarantor as depending on va- lidity of principal contract. 1914C- 556. Oral guaranty by transferrer of negotiable instrument, validity. 2-506. Parol evidence to affect terms of contract, admissibility. 1912A-781. Payment, right of guarantor to control ap- plication. 1917C-585. "Security" as meaning guarantor or surety. 1914D-627. Signed guaranty by payee on back of note as indorsement transferring title. 1913D-693. Trusts, surrender of control of funds by trustee as imposing liability as guar- antor. 1915C-52. GUARANTY INSURANCE. See Fidelity Insurance. GUARDIAN AD LITEM. See Guardian and Ward; Next Friend. GUARDIAN AND WARD. 1. Appointment and Removal. 2. Rights, Powers and Liabilities. 3. Sales by Guardian. 4. Bonds of Guardian. 1. Appointment and Removal. Aged person, appointment of guardian for, validity of statute providing. 1917A- 874. GUARDIAN AND WARD Continued. Appeal, necessity that record show af nrmatively appointment of guardian ad litem for infant parties. 1912B- 376. Infant defendant, necessity for appoint- ment of guardian ad litem when in- fant defendant has general or natural guardian. 1912D-363. Majority of infant attained pending action, effect. 1914A-604. Married woman, right of infant spouse to prosecute action with husband as co- plaintiff without appointment of guardian ad litem or next friend. 9 1116. Eeligious belief as affecting qualifications of person as guardian. 1915C-361. Eemoval of guardian, as resting in discre- tion of court. 1912B-977. Residence as synonymous with domicile in statute relating to appointment of guardian. 1915C-789. Selection of guardian, right of infant to select own guardian. 1912C-477. Testamentary appointment of guardian, right of mother to make. 7-450. 2. Rights, Powers and Liabilities. In General. Accounting, opening account or settlement of guardian, lapse of time as affecting right. 1917A-648. < transactions after ward's majority, duty of guardian to account with respect to. 19-509. Acquisition of ward's property, right of guardian. 21-1119. "Agent" as including guardian. 1913B-85. Agreed statement of facts, power of guar- dian ad litem to join in. 1915A-1292. Alienation of affections of ward, liability of guardian. 8-813; 1917E-1017. Compromise of ward's cause of action, right of guardian. 17-609. Conveyance by ward, power of guardian to ratify. 1912D-704. Fiduciary capacity, guardian as acting in within meaning of Bankruptcy Act. 1915A-1S97. Garnishment of funds held by guardian. 13-500. 404 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, GUARDIAN AND WARD Continued. Guardian or next friend as interested wit- ness or as party in suit involving ward's estate or rights. 4-1068. Insane person, liability of ward for breach of contract made by guardian. 11-54. tort of insane person, liability of guar- dian. 1915D-224. Judgment recovered in favor of infant, power of next friend to receive pay- ment of and to satisfy judgment. 7- 607. Lease of ward's real estate, power of guar- dian to make. 1917A-1256. Marriage of ward without consent of guar- dian, validity. 17-94. Mechanic's lien on property of infant, con- tract by guardian as giving right. 15-1089. "Necessary expense" in administering^ es- tate under guardianship, what is. 1918D-921. Suit in individual capacity on behalf of minor ward, right of general guardian to institute. 11-1092; 1912B-407. Taxation of ward's estate, situs as fixed by guardian's domicile. 2-852. Will contest, power or duty of guardian or guardian ad litem to institute. 1918B-538. Next Friend as Improper Party. Costs, requiring security where next friend is not proper party to prosecute suit. 1914A-946. Dismissal of suit where next friend is not proper party to prosecute. 1914A-946. Pleading, amendment where next friend is not proper party to prosecute suit. 1914A-947. Power of court in premises where next friend is not proper party to prosecute suit. 1914A-943. Eemoval of next friend when not proper party to prosecute suit. 1914A-943. Staying suit where next friend is not proper party to prosecute suit. 1914A-945. 3. Sales by Guardian. Caveat emptor doctrine as applicable to sale by guardian. 1917E-255. GUARDIAN AND WARD Continued. Failure of guardian to give sale bond as affecting sale of ward's land. 1913D- 190; 1917A-888. Personalty of ward, power of guardian to sell. 1916C-334. "Kequire," legal meaning of term in stat- ute relating to sale of infant's real estate. 1912A-1237. Void sales, effect of statute of limitations to protect purchaser. 9-872. 4. Bonds of Guardian. Judgment against guardian as evidence against surety on official bond. 9-156; 1915D-404. Limitation of action, running of statute against action on guardian's bond. 1916A-170. Past defaults, liability of sureties on addi- tional and substituted bonds of guar- dians. 4-345. Sureties, fewer than required number, validity and effect of guardian's bond. 9-711. GUARDING MACHINERY. Assumption of risk on failure of employer to perform statutory duty. 4-599; 13- 36; 1913C-210. Burden of proof and sufficiency of evidence as to practicability of guarding ma- chinery from which servant has sus- tained injury. 18-133. Shafting, duty and liability of master with respect to guarding. 18-652; 1914A- 658. GUARDING PROPERTY. Federal Employers' Liability Act as pro- tecting railroad employees engaged in guarding property. 1918B-64. GUARD-RAILS. Bridges, municipal liability in respect to maintenance of guard-rail. 15-839. Duty of railroad to block guard-rails. 9- 498; 14-696; 1913C-1265; 1916E-642. GUESSING CONTEST HABEAS CORPUS. 405 GUESSING CONTEST. Lottery, guessing contest or competition as constituting. 1-168; 12-321. Fraud in voting or guessing contest. 1918C-750. GUESTS. Distinction between, and boarder at hotel or inn. 14-326 ;1914B-729. Homicide by guest in protection of habita- tion. 21-725. Injury to person riding as guest, liability of owner of automobile or other pri- vate vehicle. 1915D-345; 1918B- 1098; 1918E-1127. Intoxicating liquor, meaning of term "guest" in statute permitting sale on Sunday in hotels. 17-817. Landlord and tenant, liability of landlord for injury to guest of tenant. 1- 679. GUESTS Continued. Eelation of innkeeper and guest as estab- lished by intrusting baggage to inn- keeper or his employee. 1918A-541. GUNPOWDER. Fireworks as ''gunpowder" under prohib- itory provision of fire insurance policy. 1913B-811. GUNSHOT WOUNDS. Excessiveness or adequacy of verdict. 16- 47; 1916B-413. GYMNASTS. "Trade," gymnast as engaged in. 1916A- 1200. H HABEAS CORPUS. 1. IB General* 2. Grounds for Writ. 3. Scope of Eeview. 1. In General. "Adjoining county," meaning of term in statute providing for habeas corpus. 1913D-849. Appeal, judgment or order in habeas cor- pus as reviewable. 1-260; 11-131. Civil or criminal proceeding, habeas cor- pus as. 7-1020. Evidence, right of accused to introduce as affected by his waiver of preliminary examination. 1917E-184. Finality of order in habeas corpus pro- ceedings. 1-260; 11-129; 1912D-359; 1916D-506. Original jurisdiction of state court of last resort to issue writ. 1913A-156. Paramount authority of habeas corpus to that of all other writs. 1914A-829. HABEAS COEPUS Continued 2. Grounds for Writ. Accused not brought to trial within con- stitutional or statutory period, remedy by habeas corpus. 1912D-1273. Bailed person, right to writ of habeas cor- pus. 5-552; 1912C-951. Convicts, habeas corpus to bring before court for trial. 4-723. Courts-martial proceedings as reviewable by habeas corpus. 17-446, 448. Custody of child, recovery by one parent from other parent, habeas corpus as remedy. 1912C-868. Errors or irregularities in proceedings as reviewable by habeas corpus. 11- 1051. Excessive sentence, right of prisoner who has received to be discharged on habeas corpus. 7-144; 1916D-368. Extradition proceedings, review of execu- tive action by courts in habeas cor- pus proceeding. 3-876; 13-931. 406 INDEX TO THE NOTES. 1 ANN. CAS. TO ANN. CAS. 1918E. HABEAS CORPUS Continued. rearrest of person discharged on habeas corpus. 6-499. Imprisonment under military power, habeas corpus to inquire into legality. 1914C-30. Judgment ceasing to be operative, right of person in custody thereunder to be dis- charged on habeas corpus. 1913B-878. Juvenile court proceedings as reviewable by writ of habeas corpus. 1918D- 751, 754. Witnesses, habeas corpus and testificandum 1915D-1028. HABITS Continued. Unconscious performance of physical a es result of constant repetition of act. 1913A-1143. HABITUAL CRIMINALS. Increased penalties against habitual crimi- nals as violation of constitutional pro- hibition against cruel and unusual punishment. 19-732. Validity of statute prescribing special pun- ishment for prior offender or habitual criminal. 18-923. 3. Scope of Review. Constitutionality of statute or ordinance under which petitioner is held, deter- mination on habeas corpus. 3-581. Custody of child, welfare of child as pri- mary consideration in determining right to its custody. 1914A-740. Evidence supporting conviction, review of sufficiency on habeas corpus. 21-853. Former jeopardy, right to raise plea in habeas corpus proceedings. 15-327. Legal existence of court, inquiry into in habeas corpus proceedings. 16-341. Question decided by highest court of juris- diction, power of inferior court to con- sider in habeas corpus proceedings. 14-758. HABENDUM CLAUSE. Construction of clause in deed in connec- tion with premises. 8-444 j 1917D- 661; 1918E-880. HABITS. Beneficial associations, waiver of forfeiture of benefit certificate for misrepre- sentation as to habits. 1918D-306. Death by wrongful act, admissibility of evidence of habits of deceased. ; 1916E-652. Divorce, habits or course of conduct of spouse as cruelty warranting divorce. 1918B-480. Habits of deceased on approaching rail- road crossing, admissibility in evi- dence in action for his killing at cross- ing. 1915B-226. HACKS. Municipal regulation other than taxation. 1914D-735. HAIL INSURANCE. Law of hail insurance. 1915A-674; 1917D- 81. HAIR-DRYING. Injury resulting from, as accident arising out of and in course of employment within Workmen's Compensation Act. 1913C-12. HALF. Legal meaning of term. 1913E-1013. HALF-BROTHER. Half-brother and half-sister as "brother" and "sister." 9-140. HALLS. Municipal hall, power to erect for public meetings of citizens. 12-1112. HALLWAYS. Landlord's duty to light passageway common to tenants. 14-764; 19- 667; 1914D-592; 1917E-596. Master's liability to servant for injuries resulting from insufficiently lighted passageway. 20-3. HANDBILLS HARTER ACT. 407 HANDBILLS. Distribution, right of municipality to pro- hibit. 5-423. prohibition against as restraint of free- dom of press. 15-8. HAND-CARS. Child permitted by railroad employee to ride upon hand-car, liability of rail- road for injury. 9-963. Invitee, recovery for injuries while riding on hand-car. 5-45. Jumping from hand-car to avoid threat- ened collision as contributory neg- ligence of railroad employee. 10-766. Liability of railroad company for injuries caused by operation. 1916E-321. Term "car" as including hand-car. 1914D- 47. Wrongfully riding by permission or direc- tion of railroad employee, liability of railroad company. 9-541; 1913E-577; 1917C-361. HANDCUFFS. Eight of prisoner undergoing trial to be free from shackles. 5-959. HANDWRITING Continued. Facsimile signatures, proof by comparison. 1912. HAULING. HAZARDOUS. Person employed in connection with truck- ing or hauling as independent con- tractor. 1918C-658. Meaning as applied to employment with- in purview of Workmen's Compensa- tion Act. 1917D-10, 42. HAWKERS AND PEDDLERS. Cruel and unusual punishment for peddling without license. 19-731. Crying wares or advertising them noisily in streets, validity of ordinance pro- hibiting. 20-591. "Dealer," peddler as dealer. 1917A-953. Hawking and peddling by others than producers of goods sold, validity of statute or ordinance prohibiting. 16 1030. Itinerant vender of drugs, validity of stat- ute regulating. 10-401; 1913D-1242. License tax or fee imposed on peddler or hawker, reasonableness. 1914D-938. uniformity of imposition as affecting validity of tax or fee. " 1918E-109. Owner of premises, liability to person who goes thereon for purpose of selling things to occupants. 19425. Eestricting or forbidding hawking or ped- dling within municipality, validity of statute or ordinance. 1916A-1238. Sale by sample for future delivery as ped- dling. 2-830; 1917D-686. Statutory exemption of persons and things from hawking regulations. 1912D- 1297. "Trade," peddler as engaged in. 1916A- 1200. Transient merchants as distinguished from hawkers or peddlers. 1917E-505. Who is "hawker" or "peddler" within licensing statute or ordinance. 1912D-1289. HAWSERS. Duty of tug to tow with respect to hawser. 1914A-55. HAY. Independent contractor, person employed to bale hay as. 1918C-656. Seller as "dealer." 1917A-953. HEAD. Injury to head, equacy of 1916B-416. excessiveness or inad- verdict. 1913A-1374; HEADACHE. Injury causing headache, inadequacy of verdict. 1916B-418. HEADLIGHTS. Absence of headlight on train passing crossing as negligence. 15463. Running train without 'headlight as negligence toward person on track at place other than crossing. 1912A- 153; 1918A-1181. HEADLINE. Significance of headline in determining whether article is libelous. 13-375; 1914D-96. HEALTH. 1. In General. 2. Subjects of Regulation. 3. Liabilities. 4. Health Boards and Officers. 1. In General. Beneficial associations, waiver of for- feiture of benefit certificate for mis- representation as to health. 12-640; 1918D-306. Cemeteries, validity of state or muni- cipal regulations or restrictions as to burial of dead. 14-1085. Concealment or misrepresentation of health as ground for annulment of marriage. 12-28. Death by wrongful act, health of person for whose benefit action is brought, admissibility. 1912C-266. HEALTH. 409 HEALTH Continued. Landlord's failure to comply -with health law or regulation as affecting right to recover rent. 1913B-406. Life insurance, burden of proof of good health of insured at time of delivery of policy where contract so requires. 17-238. Undertakers or embalmers, statutory reg- f ulation. 18-477; 1913A-1252. 2. Subjects of Regulation. Bathing in pond, stream or the like, validity of statute, ordinance or board of health regulation prohibit- ing. 1913B-223. Birth and death registration, validity and construction of statute requir- ing. 1912C-686. Cigarettes, importation, right of state to prohibit. 9-360. smoking cigarettes, validity of statute or ordinance forbidding. 1912D-191. Laundries, state or municipal regulation. 21-975. Privies or out-of-door closets, validity of statute or ordinance regulating. 1916D-212. Samples of medicine or other deleterious substance, validity and construction of statute prohibiting distribution. 1915C-551. Sanitary laws, constitutionality. 1-442. partial invalidity of statutes with re- spect to crimes against health, effect. 1916D-46. statutes for benefit of employees, con- stitutionality. 7-780. School children, validity of regulations. 1917A-765. Screening food exposed for sale, validity of ordinance requiring. 1912D-957; 1915D-1085. Second-hand clothes, bedding or the like, use or sale, state or municipal reg- ulation. 1917C-1068. Sewage disposal, validity of statute or ordinance regulating. 1913D-61. Slaughter-houses, statutory regulation. 18-470. Tenement house, manufacture of clothing, validity of statutes regulating. 1- 747. HEALTH Continued. Vaccination, compulsory vaccination. 1 336; 10-882; 14-945. -suspension from school because not vaccinated, right of. 1912A-375. 3. Liabilities. Building destroyed by public authorities, right to compensation for. 1913C- 599. Exposure of another to contagious or in- fectious disease, liability of person causing. 1912B-64. Hospitals, pesthouses and almshouses, liability of municipality for negli- gence in respect to condition of or performance of service* incident to. 4-624. Impure water furnished by water com- pany, liability to consumer. 1915C- 686. Injuries impairing health, excessiveness or inadequacy of verdict. 1649; 1913A-1382; 1916B-419. Jails, unhealthy condition as creating liability against municipal corpora- tion. 4-516; 12-797. 1913B-1280; 1915D-153. Nuisance threatening health, right of private person to enjoin. 2255. Quarantine, breaking or permitting an- other to break quarantine, liability for. 1914B-413. enforcement of quarantine regulations, liability of municipality, board of health or health officer. 9-815; 16- 737. expenses of quarantined person, lia- bility of municipality for. 5-233. 4. Health Boards and Officers. Epidemics, right of public physician to recover extra compensation for ser- vices. 1915D-1196. Food production and distribution, statute empowering board of health to reg- ulate as invalid delegation of legis- lative power. 1913E-1000. Health officers as municipal officers. 1914D-1233. Power of board of health to bring suit. 4-474. 410 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 191,8Ei HEALTH Continued. Quarantine regulations, liability of board or officer for enforcement. 9-814; 16-737. Eegulation of board of health, validity as depending solely on statutory author- ity. 1915B-1215. Water supply of municipality, authority of board of health to regulate. 18- 499. HEALTH INSURANCE. "Confined to house," meaning of term in health policy. 18-1111; 1915A- 262; 1918C-531. Notice of illness to be given within specified time, validity of provision in policy requiring. 15-218. Standard policy, construction of statute requiring. 1916D-670 HEATING APPARATUS. Mechanics' liens as applied to furnaces, ranges, heaters and stoves. 1912B-29. Operation by landlord as imposing duty to keep in repair. 1912C-210. Stoves and heating apparatus as realty or personalty. -375. HEAT STROKE. Injury by heat stroke as accident aris- ing out of, and in course of, employ- ment within Workmen's Compensa- tion Act. 1916B-1301; 1918B-78S, 797. HEIRS. 1. Who are Heirs. 2. Eights and Liabilities. HEARING. Impairment of hearing, exeessiveness or inadequacy of verdict. 1913A-1376; 1916B-421. HEARING IN CAMERA. Matrimonial action, right of court to hear in camera. 1913E-639. HEART. Injury to heart, inadequacy of verdict. 1916B-422. HEART DISEASE. Injury in connection with heart disease as accident in course of employment within Workmen's Compensation Act. 1913C-5, 10; 1916B-1299, 1301; 1918B- 772, 778. HEATING. Carrier of passengers, duty to heat con- veyances. 9-557. Landlord's failure to heat premises as constructive eviction of tenant. 1914B-1074; 1918D-394. 1. Who are Heirs. Adopted child as within designation of "heirs" as used in will. 18-519. child of adopted person as entitled to inherit from adoptive parent. 1914C- 1230. conflict of laws, adoption under laws of another state, right of inheritance within state of residence. 16-779; 1916B-94. death without issue, succession to estate inherited from foster parent. 1914D- 572. inheritance from persons other than adopting parents, right of. 4-881; 9-780. Appointment or acknowledgment of heir by testator, construction of pro- vision in will. 1915B-239. Children, when "heirs" will be con- strued to mean. 1914B-70. Disinheritance of heirs by will, mere negative or prohibitive words as suf- ficient. 1912D-1146. Forced or necessary heirs. 1915D-296. Illegitimacy, inheritance by illegitimate child through mother. 1914D-577. legitimate descendants of bastard, right to inherit through him. 1913C-1338. succession between illegitimate brothers and sisters. 16-987.' HERNIA. 411 HEIRS Continued. Insurance, meaning of term "heirs" in designation of beneficiaries in in- surance policy or benefit certificate. 5-458. "Lawful heirs," meaning of term as used in will. 1917C-115tt. Murderer, right of succession to property of victim. 2-658; 14-99; 1916A-680. "Natural heirs," meaning of term. 1917A-1159. "Nearest male heir" or similar phrase, meaning in will designating legatee or devisee. 1915A-474. Parol evidence to explain meaning of "heirs" as used in will, admissibility. 1915R-50. Presumption as to existence of heirs. 1915C-1062, 1067, 1070. Public lands, homesteader dying before perfection of title, rights of succes- sion. 1912C-697. Recital in deed as to heirship as evi- dence binding on stranger to in- strument. 1915A-98; 1918E-912. "Right heirs," construction of phrase as used in will. 16-298. Widow as included within term "heirs at law" or "heirs" in will. 1915D-1178. 2. Bights and Liabilities. Alien's right to inherit real property as affected by treaty. 1912A-1100. Condemnation money, right of heir as against personal representative of de- ceased's estate. 1912C-595. Crops, right of succession to growing crops. 17-943. Debt of decedent, enforcement against heir or devisee as precluded by laches or neglect of creditor. 1917C-95. Deed to "heirs" of living person, validity and effect. 18-873. Execution sale, right of heir to enjoin. 1918C-260. Expectancy in estate, validity of release by heir to ancestor. 1913B-451. validity of relinquishment by heir in consideration of advancement. 17- 725. Homestead exemption, necessity of selec- tion by heirs where property is not in excess of exemption. 1913C-1283. HEIRS Continued. Indebtedness of heir to estate as charge- able against heir's distributive share of realty. 7-563. Infancy of heir as affecting running of statute of limitations. 3-837. Judgment liens against heir as attaching to land sold by executor. 1915C-1022. Mechanic's lien, heir of deceased owner of premises as necessary or proper party to foreclosure action. 1918B- 16. Mortgaged property, right of heir to as- signment of mortgage on paying in- debtedness. 1914B-571. Perpetuities, effect upon valid estate of inheritance. 5-433. Privileged communications to ancestor, right of heir to waive. 10-1118; 1913A-100. Purchase of interest of heir by personal representative of estate, validity. 1913A-1115. Reconveyance to heir after his convey- ance of estate inherited from an- cestor as affecting course of descent. 1913E-1262. Recording acts, unrecorded conveyance from ancestor, right of purchaser of or from heir as against grantee therein. 1912B-1289. Release of right to inherit, construction of antenuptial contract with respect to. 1914C-192. Remainder to heirs of testator as vested or contingent. 1917A-859, 871. Rents due under leasehold held by an- cestor, liability of heir as con- structive assignee. 1916E-820. Specific performance by heir of contract to convey land, form of conveyance which may be required. 1915C-493. Stockholder's liability as enforceable against his heirs. 1913A-384; 1916C- 685. Trusts, liability of heir, as trustee ex maleficio, for failure to perform oral promise which prevented making of will. 2-656. HERNIA. Accident insurance, construction of hernia clause in policy. 1918A-710. 412 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. HERNIA Continued. Injuries resulting in hernia, excessiveness of verdict. 16-45; 1913A-1379. Workmen's compensation, accident arising out of and in course of employ- ment as covering injury resulting in hernia. 1914B-499; 1916B-1296, 1299, 1301; 1918B-773, 780, 807, 815. HIGH SCHOOLS. School funds, power of legislature with respect to expenditure. 1917C-921. HIGHWAYS. See Streets and Highways. HIPS. Fracture or injury, excessiveness or in- adequacy of verdict. 16-24; 1913 A- 1369; 1916B-422. Physician's liability for diagnosing and treating hip disease as dislocation. 1-21. HIRING. See Master *nd Servant. Contract for indefinite time, duration of. 8-280; 1913D-218. Corporate employees, authority of gen- eral manager or agent of corpora- tion to hire. 1914B-831. Employee hired by one person but paid by another, to whom bears relation of servant. 1913B-912. HISTORICAL WORKS. Admissibility as evidence. 13-675. HOGS. Larceny, sufficiency of proof with re- spect to description, in indictment. 17-738. HOLDING CORPORATION. Creation by municipality as evasion of debt limit. 2-986. ' HOLDING OVER. Lease giving option of renewal, holding over by tenant as exercise of option. 6-341; 19-399; 1915D-252. Measure of damages where tenant holds over without consent of landlord. 17-284. What constitutes holding over by tenant. 1912A-280. HOLES. Insufficiently lighted hole, liability, of master for injuries to servant. 20- 12. HOLIDAYS. See Sundays and Holidays. HOLOGRAPHIC WILLS. See Wills. HOME. Charities, gift for establishment of home for persons of particular class as charitable gift. 1917E-857. ''Domicile" as synonymous with home. 1915C-784. HITCHING-RACK. post Nuisance, hitching-rack 1916A-101. or HODCARRIERS. Hodcarrier as fellow-servant of other em- ployee. 1912A-1009. HOE. Hoe as deadly weapon. 1912A-1332. HOMESTEAD. 1. In General. 2. Acquisition. 3. Extent of Right* 4. Loss of Bight. 5. Alienation or Incunibrance. 1. In General. Constitutional provisions relating to homesteads as self-executing. 7-631. HOMESTEAD. 413 HOMESTEAD Continued. Execution sale, injunction against. 1918C- 215. Insurable interest of husband in home- stead on wife's property. 2-33. Maintenance or repair, trust therefor of indefinite duration as offending rule against perpetuities. 1914B-551. Redemption from mortgage, right of married woman who has right of homestead in property. 6-475. "Residence" as synonymous with domicile with respect to homestead rights. 1915C-789. Setting aside by probate court as against adverse claimants. 5193. Taxation, duty of surviving spouse vested with life estate to pay taxes. 1917B- 942. 2. Acquisition. Actual residence as requisite to occupancy of land under homestead laws. 20 832. Adopting parent or adopted child, right to benefit of exemption. 21-1032. Insolvent debtor's right to use assets to acquire homestead. 1913A-964. Priority as between purchase-money mort- gage and homestead claim. 1916C 949. Purchaser pendente lite, person acquiring homestead as. 1918C-68. Putative wife, right to claim homestead. 1913A-242. Selection, necessity where property is not in excess of exemption. 1913C-1281. Tenant in common, right to acquire in land held in common. 1914B-854. Title in wife, right of husband to assert homestead exemption from debts. 14-1157. 3. Extent of Eight. Crops, homestead exemption as extending to. 1912A-120. Excess over statutory value, lien of judg- ment upon. 16-603. Federal statute exempting land acquired as homestead from liability for debt HOMESTEAD Continued. contracted prior to issuing of patent, construction of act. 1912D-282. Hotel or lodging-house, exemption aa extending to premises used for. 1913E-1256. Marshaling assets in respect to home- stead lands. 17-1061. Reassignment upon increase or decrease in value. 16-119. Subsequent occupancy of land for home- stead purposes as divesting lien of prior judgment or attachment. 1913B- 1147. 4. Loss of Right. Abandonment or forfeiture by invol- untary or compulsory absence. 8 681; 1917E-112. Desertion of family, right of husband to deprive wife and family of home- stead rights by deserting them and abandoning homestead. 11-423. Lease of part of premises as affecting homestead exemption. 16-1038. Loss of homestead exemption by dissolu- tion or loss of family. 12-717; 21- 1148. Widow's failure to occupy homestead as affecting her rights therein. 12 786. 6. Alienation or Incumbrance. Alienation or incumbrance without joinder or consent of wife, validity and effect. 9-3; 15-1119; 1917A-71. Conveyance of homestead, right to reformation. 1916E-1131. validity of conveyance of homestead as against creditors. 1917C-994, 1012, 1014, 1016. Judgment binding homestead, power of husband without joinder of wife to consent to. 1915B-247. Mechanic's lien against homestead. 1917E-747. Partition of homestead after divorce or separation, right of husband or wife. 6-954. Testamentary disposition of homestead, right to' make. 21-248; 1914B-271. 414 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918R HOMICIDE. 1. In General. 2. What Constitutes Offense. 3. Liability to Prosecution. 4. Defenses. 5. Indictment. 6. Evidence. 7. Instructions. 8. Verdict. 9. Civil Rights Under Homicide. 1. In General. Cruel and unusual punishment, what is. 19-728; 1918B-398. Jurisdiction of prosecution where act oc- curs in one state or country and death in another. 1913E-468. "Murder" word in statute as including manslaughter. 1913C-929. Witness, homicide as "crime" for which witness may be impeached. 1916A- 276. 2. What Constitutes Offense. Accelerating death of diseased or injured person, criminal responsibility. 4- 958. Accidental discharge of weapon, homicide by. 1-34. Adultery, homicide during. 1-136. Automobile causing death by reason of negligent operation as manslaughter. 18-239; 1914A-684; 1918B-10S2; 1918E-1146. Fright, causing death by fright as hom- icide. 1912A-142. "Lying in wait," what constitutes within statute relating to homicide. 1916C- 969. Master of vessel, criminal liability for loss of life of passenger. 14-461. Perilous condition created by accused causing death of another as creating criminal responsibility. 16-579. Perpetration of another crime, what con- stitutes killing in. 8-973. Spring-gun or other dangerous contriv- ance, setting thereof resulting in homicide, criminal liability. 15-587. HOMICIDE Continued. Unintentional killing by person engaged in unlawful act not malum in e, criminality. 4-800. Wilful or negligent omission of duty as manslaughter. 13-42; 1914A-577. 3. Liability to Prosecution. Corporations, liability to indictment for homicide. 16-840; 1915B-621. Jeopardy, prosecution for murder or man- slaughter after conviction for assault and death of person assaulted as second jeopardy. 12-819. Person serving life sentence, liability to trial and sentence for murder. 14- 488. 4. Defenses. Arrest, officer's right to kill misdemeanant in order to effectuate arrest. 4-760. person attempting to arrest escaping felon, right to kill. 17-900. Consent or request of victim as affecting crime of murder. 14-994. Contributory negligence as defense to criminal prosecution for homicide. 1912C-501. Defense of habitation, homicide in de- fending. 21-721. Duress as defense in prosecution for mur- der. 3-1028. Heat of passion, degree of mental dis- turbance essential to reduce felonious killing to manslaughter. 9-929. Justification, defense of one occupying particular relation to slayer, killing as justifiable homicide. 13-1055. * defense of person other than relative, killing as excusable homicide. 13- 1129. Peacemaker, plea of self-defense as avail- able to person charged with killing him. 1913C-265. Person not in lawful pursuit of business, right of self-defense. 9-1134. Provocation, killing or assaulting friend or relative as sufficient to reduce homicide from murder to man- slaughter. 13-1084; 1914B-457. Repelling attack without retreating, right of person assaulted on his own prem- ises. 5-999; 15-51. HOMICIDE. 415 HOMICIDE Continued. Resisting arrest, homicide as excusable on ground of self-defense. 4-844. Supervening cause, death resulting there- from as defense to charge of homi- cide. 16-576; 1916C-692. 5. Indictment. "Feloniously," necessity of using word in indictment. 11-996. Form of indictment, construction of stat- ute prescribing. 1918C-558, 574. Human being, necessity that indictment for homicide should allege deceased was. 20-775. Instrument used, sufficiency of indictment with respect to description. 18-314. Premeditation and deliberation, necessity of allegation in indictment. 3-936. 6. Evidence. Blood stains, law of evidence of. 15-811. Burden of proof, accidental killing as defense. 11-309. self-defense, burden with respect to issue. 1912C-47. Character of deceased, admissibility of evidence in prosecution. 4338; 8 357; 11-229. good character of defendant, right to introduce evidence thereof. 11-1189. Clothing worn by deceased at time of killing, admissibility in evidence. 1912B-775. Coroner's verdict, admissibility, as evi- dence in subsequent proceedings. 4- 1020. Infant's declarations at time of homicide as part of res gestae. 1916C-1187. Motive, necessity of proving in prosecu- tion for murder. 1912C-236. other crimes, admissibility of evidence tending to prove in order to show motive. 7-67. Physical condition or strength of parties, admissibility of evidence of relative condition on issue of self-defense. 19-124. Presumption of intent to kill arising from use of deadly weapon in manner not ordinarily employed. 1912A-107. HOMICIDE Continued. Reputation of deceased's family, admissi- bility of evidence in prosecution. 18-983. Suicide as defense, admissibility of acts or declarations of deceased to estab- lish. 1914D-1279; 1917C-372. Uncommunicated threats by deceased, ad- missibility in evidence in prosecu- tion. 1912C-4SO. 7. Instructions. Degrees of homicide as eliminated from consideration of jury in case of mur- der committed in perpetration of felony. 18-590. "Feloniously," necessity of using word in instruction defining murder, man- slaughter, etc. 13-550. Lesser degrees of homicide, duty of court to instruct without special request. 3-139. Punishment imposed for various degrees of homicide, propriety of instruction as to. 1917A-752. Self-defense, duty of court to instruct as to self-defense where accused denies killing. 19-120. 8. Verdict. Conviction of involuntary manslaughter under indictment for murder. 1914B- 1012. Error in instruction with respect to lower degree of homicide as cured by ver- dict of guilty o'f murder in first de- gree. 1913A-735. Lesser degree of murder, conviction as bar to prosecution for higher degree on new trial. 4-779; 6-996. right of jury under indictment or infor- mation charging act declared by stat- ute to be murder in first degree to convict for lesser degree. 12-1081; 1916C-556. 9. Civil Bights Under Homicide. Burglar or supposed burglar, civil lia- bility for killing. 1914B-581. Death by wrongful act, justifiable homi- cide as defense. 18-641. 416 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. HOMICIDE Continued. Estate by entirety, effect of murder of one spouse by other. 11-907. Succession by murderer to property of victim. 2-658; 14-99; 1916A-384, 680. Workmen's compensation, homicide as ac- cident arising out of, and in course of, employment. 1916B-1302. HOOKS AND EYES. Trademark or trade name as infringed by similar name. 1915B-346. HORSE-PLAY. See Larking or Joking. HORSE-RACING. Betting on horse-races as gaming of gambling. 6-693; 11-280. Licensing or regulating races, validity of statute. 8-1016. HORSES. Docked tails, prohibition of docking or use of horses with docked tails, va- lidity of statute. 13-1032. Exemption of horses from execution, con- struction of statutes. 6-779. Express warranty of soundness on sale, construction. 21-1003. Frightening horse by train or cars as subjecting railroad to liability. 3- 1070. Independent contractor for municipality, liability for injuries to runaway horse. 1914C-254, Larceny of horse, sufficiency of proof with respect to description in indict- ment. 17-739. Owner of premises, liability for using in such manner as incidentally to frighten horse on highway. 1912C- 461. Eunaway horse causing injuries, liability of owner. 5-877; 10-865; 17-812. HORSESHOERS. Lien for shoeing horse, assignability. 1916A-619. Qualifications, constitutionality of laws requiring special qualification. 1- 930. HORTICULTURE. Diseased fruit trees, fruit or vegetables, validity of statute providing for de- struction. 1917E-220. Workmen's Compensation Act as applica- ble to horticultural labor. 1917D- 23. HOSPITAL RECORDS. Records of hospital or other institutions as within rule of privileged com- munications between physician and patient. 1915D-151. HOSPITALS AND ASYLUMS. In General. Building restriction confining use of prop- erty to dwelling-house as applicable to hospital or asylum. 1912D-480. Exemption from taxation as charity. 1917B-278. Gift for establishment of hospital as charitable gift. 1912D-58. Injunction against private hospital or sanatorium for contagious or infec- tious diseases. 15-719; 1912B-1131. Municipal corporation, power to take hospital as trustee. 17-748. Nuisance, hospital or asylum as. 1916A- 126. municipal hospital for contagious dis- eases as nuisance. 6823. Eecords of hospital within rule of privi- leged communications between physi- cian and patient. 1915D-151. School, hospital or orphan asylum as within classification. 1912B-1356. funds, validity of expenditure for maintenance of orphan asylum. 1917C-924. Statutes, effect of partial invalidity of statute relating to hospitals or asylums. 1916D-60. Superintendent of asylum as municipal officer. 1914D-1237. Tuberculosis hospital, validity of legis- lation providing for establishment. 1915C-315. HOTCHPOT HOUSES. 417 HOSPITALS AND ASYLUMS Continued. Liability for Tort or Ncaligence. Charitable institution, liability of private institution for negligence of em- ployees. 4-104; 11-160; 1913E-1129; 1915C-586; 1916E-252; 1918E-1174. Hospital chart as evidence. 1916C-78. Insane institution, negligent or tortioua acts of inmate, liability for. 12-829. unlawful detention therein, right to damages. 1917C-162. Master conducting hospital for servants, liability as affected by negligence of hospital employees. 14-749. Municipal liability for negligence in re- spect to condition or services inci- dent to hospitals, pesthouses and almshouses. 4-624; 1918D-803. Private hospital or sanatorium, liability of owner or proprietor for negligence of employees. 8-1046; 1915B-1229. Tort of officer or employee of hospital or asylum, personal liability. 1915D- 775. HOTCHPOT. Advancements brought into hotchpot, effect as to interest chargeable. 1918E-215. HOTELS. See Innkeepers. Burglary, description in indictment, suffi- ciency. 1913D-873. Homestead exemption as extending to premises used for hotel or lodging- house. 1913E-1156. Inn and tavern as synonymous with hotel. 1914B-874. Intoxicating liquors, "hotel" within stat- ute permitting sale on Sunday. 17- 818. what is hotel within statute regulating sale of liquor. 1913B-1030. Licensing or regulating, validity of stat- ute or ordinance. 1916C-290. Official inspection of inns or hotels, va- lidity and construction of statute. 1912B-827. Railroad company's power to conduct hotel. 4-911. Index to Notes 27 HOURS. Fractions of day doctrine in computation of time. 2-137. HOURS OF LABOR. See Labor Laws. HOURS OF SERVICE ACT. Construction of federal act. 1915D-456; 1918C-797. HOUSEBOAT. Burglary, description in indictment, suffi- ciency. 1913D-876. HOUSE BUILDERS. Trade, house builder as engaged in. 1916A-1200. HOUSEHOLDER. Head of household harboring dog of other member of household, liability for injuries caused by it. 1914B- 609. HOUSEHOLD EXPENSES. Wife's liability. 1917C-561, 577, 579. HOUSEHOLD GOODS. Baggage of passenger, household goods as. 21-733. Conversion or failure to deliver, measure of damages. 3-891; 1917B-585. Exemption statute, meaning of term "necessary" as applied to household furniture. 1918D-174. HOUSEHOLD SERVICE. Trade, household service as. 1916A-1200. HOUSES. Land as included under term "house." 1914B-1239. Village as meaning assemblage of houses. 1918D-259. 418 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. HOUSE-WRECKING. Liability of master to servant for in- juries received in performance of -work. 20-249. HUCKSTERS. See Hawkers and Peddlers. HUMAN BEINGS. Natural laws relating to, judicial notice. 18-586. Necessity that indictment for homicide should allege that deceased was. 20-775. HUMANE SOCIETY. Seizure of animals by, validity of stat- utes authorizing. 14-916. HUMBUG. Calling person "humbug" as libel or slander. 1913B-256. HUMILIATION. Damages, humiliation or mortification on account of disfigurement as element of damages recoverable for personal injuries. 1918D-65. HUNTING. Discrimination between persons or classes as to right to hunt game, constitu- tionality of game law. 19-239. License to hunt game, validity of stat- ute requiring. 1916C-134. Private grant or reservation of privilege, construction. 1914B-546. Right to hunt on navigable waters. 15- 708; 1915C-1152. Sportsman shooting another person, civil liability. 20-126; 1918C-386. HURRICANES. Storm contemplated by cyclone or tor- nado insurance. 1913A-272. HUSBAND AND WIFE. 1. In General. 2. Antenuptial Agreements. 3. Eights and Liabilities Inter Se. 4. Bights and Liabilities as to Third Persons. 5. Alienation of Affections. 6. Criminal Conversation. 7. Community Property. 8. Damages for Personal Injuries. 9. Separation Agreements. 10. Abandonment and Nonsupport. 11. Actions. 12. Witnesses. See Adultery; Alimony; Curtesy; Divorce; Dower; Entirety; Marriage. 1. In General. Acknowledgment by married woman, rights of parties where invalid or de- fective. 1918E-631, 648. Affinity relationship of husband or wife as terminated by dissolution of mar- riage. 1912B-1028. Assignment of insurance in wife's favor on life of husband, validity and effect. 1917B-302. Beneficial associations, "dependent" used to designate beneficiary as including wife. 7-358; 17-867. * "family" in benefit certificate as in- cluding wife. 7-684; 11-570. Bequest or devise to "wife" of testator, construction as applied in cases of more than one lawful wife and where marriage was unlawful. 12-756. Bill of discovery, married woman as party defendant. 20-910. Conduct of relatives, right of wife to leave marital home because of hus- band's relatives. 1914B-633; 1916E- 209. Declarations by one spouse in pretence of other, admissibility in criminal prosecution. 19-528. implied admission arising from state- ment by spouse in presence of and not denied by other spouse. 1918C- 34. HUSBAND AND WIFE. 419 'HUSBAND AND WIFE Continued. Deed by married woman, rights of parties where invalid for want of acknowl- edgment. 1918E-631. Domicile of wife after death of hus- band. 1913E-1196. separate domicile, right of wife to ac- quire after abandonment of marriage relation. 1912D-397. tax purposes, domicile of wife for. 1917B-732. Execution sale of separate property of wife under execution against hus- band, right of wife to enjoin. 1918C-195, 209. Executor de son tort, intermeddling of surviving spouse as constituting. 1917E-6. Freeholder, husband or wife of owner in fee as "freeholder." 1913D-329. Homicide during adultery. 1-136. defense of wife, homicide by husband as justifiable. 13-1055. Larceny of property of wife, allegation of ownership in indictment or infor- mation. 6-163. ' Libel and slander, communications be- tween spouses as privileged. 1917E 896. "Living together," what constitutes by husband and wife. 1915B-880. Mechanic's lien, wife or husband as neces- sary or proper party to foreclosure action against property of other spouse. 1918B-14. Pauper within poor laws, husband or wife as. 20-762. Prostitution or fornication, whether mar- ried woman can be guilty. 1916A- 321. Purchaser pendente lite, spouse acquiring interest through marriage as. 1918C- 8. Reconciliation after starting matrimonial action, power of court to allow at- torneys' fees. 1913A-798. Surgical operation on wife, necessity of husband's consent. 5-307. Taxation, residence of husband or wife for purpose of taxation, what con- stitutes. 1917B-731. Testamentary capacity as affected by in- sane delusion as to fidelity of spouse. 1916C-16. HUSBAND AND WIFE Continued. "Workmen's compensation, "dependent" withia act as including wife. 1918B- 756. wife absent from husband as "de- pendent" within act. 1913E-483. 2. Antenuptial Agreements. Antenuptial conveyances, fraud on mari- tal rights. 1-860; 13-104. setting aside conveyance in fraud of marital rights, to what extent. 1914D-293. validity of conveyance in considera- tion of marriage as against creditors of grantor. 21-473. Cancellation of antenuptial contract, ad- missibility of declarations of hus- band on issue. 1914A-793. Dower or like interest in property of intended spouse, effect of failure of consideration for agreement for re- lease. 1918A-1168. validity of antenuptial agreement for release of dower and the like. 4- 804; 16-710; 1914B-620; 1916D-994. Infant, disaffirmanc* of marriage settle- ment after attaining majority, right of. 12-861. Inheritance rights, construction of ante- nuptial contract with respect to re- lease of rights. 1914C-192. Oral agreement as validated by post- nuptial contract or conveyance in writing. 13-559; 1915A-271. Parol evidence to show waiver of pro- vision in written antenuptial con- tract. 1912B-279. Partial invalidity of antenuptial agree- ment, effect. 1918B-925. Specific enforcement of antenuptial con- tract made by third person, right, of party to marriage. 9-603. 3. Bights and Liabilities Inter Se. In General. Adverse possession by one spouse against third person as inuring to benefit of other spouse. 1912C-1174. wife's right to acquire title to hus- band's lands by adverse possession. 1912A-570. 420 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. HUSBAND AND WIFE Continued. Bastardy proceedings, right of married woman to maintain. 19-389. Civil action at law, right of one spouse to maintain against the other. 3- 145; 6-1032; 14-881; 21-924; 1915D- Ys ; 1917C-903; 1918C-777. Control or custody of wife, right of hus- band. 1914C-1147. Conveyance by wife directly to husband, validity where husband is required to join in wife's deed. 20-1331. Debts between spouses as extinguished by marriage of parties. 16-221. Deserted wife, right to recover for loss of services of minor child resulting from negligence of another. 1912A- 991. Estate by entirety, wife's right to profits, crops and usufruct. 4-1101. Gift by husband to wife, enforceability. 16-374. property given wife before divorce, right of husband to recover. 1912C- 722. Homestead, alienation or ineumbrance without joinder or consent of wife, validity and effect. 9-3; 15-1119; 1917A-72. power of husband without joinder of wife to consent to judgment binding homestead. 1915B-247. right of husband to deprive wife and family of homestead rights by desert- ing them and abandoning home- stead. 11-423. 'title of homestead property in wife, right of husband to assert exemption from debts. 14-1157. Improvements made on lands of one spouse by the other, right to com- pensation or lien. 14-1178; 1912A- .1194. Insurable interest of husband in property of wife. 2-32; 19-253. Jewelry bought with husband's money for wife's use, ownership as between spouses. 16-508. Limitation of actions between spouses, exceptions to statute as impliedly excluded when not enumerated. 1- 644; 16-906. running of statute against claims ex- isting between husband and wife. 1914C-570. HUSBAND AND WIFE Continued. Marital rights as affected by death of spouse pending divorce action before final decree. 1914B-1094. Money claims between husband and wife as affected by allowance of alimony. 21-967. Murder of one spouse by the other as forfeiting right of succession to prop- erty or insurance. 2-659; 7-976. Necessaries furnished to wife, divorce de- cree as res judicata with respect to liability. 1916B-875. Partnership, validity between husband and wife. 4-868. Personalty of husband, right to dispose of during coverture as against wife. 10-1053; 1918B-934. Putative wife, property rights of. 1913A- 236. Redemption of mortgages, right of wife during life of husband. 6-475; 15- 315. Eefusal of wife to follow husband to new domicile at desertion. 5-852. Resulting trust, absolute conveyance under oral agreement between spouses to hold in trust or recover lands conveyed. 2-778. funds furnished partly by each spouse, purchase in name of one as creating resulting trust. 1915D-654, 657. husband's purchase in name of wife as creating resulting trust. 1915C- 1082, 1097, 1102. wife's money used by husband for purchase in own name as creating re- sulting trust. 1915D-625, 643, 649; 1918E-900. Suretyship, wife's right to become surety for husband. 1917B-597, 617, 618, 623, 625. Tax title to husband's land, right of wife to acquire. 10-986. wife's land, right of husband to acquire tax title. 1913E-545. Transfers of property between spouses, construction of statute requiring them to be in writing. 1914B-394. Wages of husband, assignment as invalid without consent of wife, validity of statute. 1917A-760. HUSBAND AND WIFE. 421 HUSBAND AND "WIFE Continued. Crimes. Arson, "burning property of one spouse by other as constituting. 16-867; 1915A- 587. Duress of wife as defense to charge of crime, burden of proof. 1912B-1112. Embezzlement between husband and wife. 21-127. Larceny between husband and wife. 2- 37; 1913B-252. Rape or assault to rape by husband on wife. 13-498. 4. Eights and Liabilities as to Third Persons. Accommodation maker of indorser, con- flict of laws respecting liability of married woman. 20-618. Agency of wife for husband as implied. 1913C-879. Antenuptial debts of wife, liability of husband. 1915C-857. Automobile, liability of owner for act of wife driving same. 1917E-228. negligence of husband as driver as im- putable to wife riding as passenger. 1918B-841. "Carrying on business," meaning of term in statute imposing liability on mar- ried women. 18-33. Confession of judgment, power of married woman. 10-714. Contract of wife induced by threats of criminal prosecution of husband, va- lidity and effect. 11-385. "Conveyance" as including lease under Married Women's Property Act. 1913D-1001. Counsel fees incurred by wife in divorce action, liability of husband. 15-21; 1917A-689, 702. Creditor's bill, property of wife of debtor as reachable by. 1914B-960. Debt contracted by wife in her own name and credit, husband's promise to pay. 9-1067. Deeds, after-acquired title, joinder of spouses in bargain and sale deed -of husband's land as estoppel of wife to eet up. 1916A-797, 806. HUSBAND AND WIFE Continued. omission of grantor's name from body of deed by husband and wife, effect. 12-203; 1912C-1050. Estoppel of man representing woman as wife to deny liability for purchases by her. 1913D-1062. wife who permits husband to retain re- cord title to her realty as estopped to deny such title as against one extend- ing credit to husband. 1914C-1066; 1918E-1199. Executrix, right of married woman to act as. 1913B-1165. Fire insurance, acts of one spouse as affect- ing liability of insurance company for loss of property of other spouse by fire. 6-588. Fraudulent conveyance, purchase by hus- band and conveyance to wife in .fraud of creditors, effect on rights of parties. 1915C-1091; 1917B-225. Funeral expenses, husband's liability for wife's. 1-172; 1917B-1164. wife's liability for husband's. 18-856. Gift of personalty by married woman to person other than husband, validity. 4-586; 1914C-884. Household expenses, liability of wife. 1917C-561, 577, 579. Imprisonment of husband, right of wife to recover damages. 1916C-481. Incorporator, power of married woman to be. 11-807. Infant married woman, right to prosecute action, with husband as 'coplaintiff without appointment of guardian or next friend. 9-1116. Joinder of husband and wife in action relating to property held by both. 6-361. Judgment against married woman sued in maiden name, validity. 16-795. Limitation statute as affected by Married Women's Acts. 3-817. Medical attendance upon husband, liability of wife. 5-832. . Money lost by husband in gambling, right of wife to recover. 1914C-1081. National bank shares, liability of married woman to assessment on shares owned by her. 5-743. 422 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. HUSBAND AND WIFE Continued. Necessaries, dental charges on wife's con- tract as necessaries for which husband is liable. 1912C-142. wife's authority to purchase necessaries during cohabitation with husband. 1915A-3. Negligence of one spouse as imputable to other in action to recover for death, of child. 1914B-35. Services performed by wife outside home, corTsent by husband, necessity of showing in order to entitle wife to* recover. 1915C-1185. Specific performance of husband's contract to convey realty when wife refuses to join. 14-671; 1914A-207. Stockholder, liability of married woman as. 1912C-400. Suretyship, discharge of wife as surety for husband as discharge of security given by her. 12-551. mortgage by wife of separate property for husband's debt as creating rela- tion of suretyship. 5-643; 1912D-10S. Torts, dog of one spouse harbored by other, liability for injuries caused by it. 1914B-608. liability of wife for torts of agent. 21-875. voluntary torts of wife, liability of hus- band. 9-1225; 16-378; 1913D-997; 1915D-1206. Trustee of express trust, power of married woman to act as. 7-1082. 5. Alienation of Affections. Action by wife for alienation of affections or criminal conversation. 6-661; 8- 674; 14-47; 1912C-1179; 1916C-748. Acts committed after separation of spouses, admissibility of evidence. 1917D-484. Affianced person, right of action for alien- ation of affections. 1915B-544. Bankruptcy discharge as affecting judg- ment for alienation of affections. 3-169; 12-1011. Condition precedent,, actual separation or abandonment as prerequisite to action. 1918A-647. Divorce as affecting right to maintain action for alienation of affections or criminal conversation. 1912D-619. HUSBAND AND WIFE Continued. Excessive verdict in action for, what is. 1912A-950. Financial circumstances of defendant, ad- missibility of evidence. 1914B-803. Lack of affection between husband and wife as defense to action, 7-689. Limitations applicable to action by wife for alienation of affection. 1912C- 1183. Parent or guardian, right of wife to main- tain action against. 8-813; 1917E- 1019. Relative other than parent or guardian, liability for alienation of affections. 1917E-1027. Ees judicata, divorce decree as conclu- sive with respect to alienation of affections. 1916B-875. 6. Criminal Conversation. Action by wife for criminal conversation. 6-661; 8-674; 14-47; 1912C-1179; 1916C-748. Bankruptcy discharge as affecting judg- ment for criminal conversation. 3-169. Compromise of action, legality of contract affecting. 1913A-705. Condonation as defense to action by hus- band. 10-62. Connivance by husband as bar to action. 5-867. Divorce decree against spouse as affecting his or her right to maintain action. 1912D-619. Proof of marriage in action for criminal conversation. 15-870; 1917A-755. Witness, competency of husband or wife as witness in action. 1912D-1121; 1915B-713. 7. Community Property. Bona fide purchase doctrine as applicable to purchaser of community property. 1918C-469. Debts or claims for which community property is liable. 1913A-319. Execution sale of community property, in- junction against. 1918C-202. Inheritance tax, community property as subject to. 1913D-496." HUSBAND AND WIFE. 423 HUSBAND AND WIFE Continued. Putative wife, rights with respect to com- munity property. 1913A-237. Removal into community property state as affecting separate property rights of married persons theretofore acquired. 13-840. 8. Damages for Personal Injuries. Consortium, husband's right to recover for loss in action for personal injuries to wife, where statute gives wife right of action for injuries. 1912B-1125; 1916C-886. wife's right, in absence of statute, to maintain action for injury or loss of consortium. 1913A-989; 1918D-208. Contributory negligence of one spouse as bar to recovery for injuries to other. 1912A-647. imputation of husband's contributory negligence to wife. 3-704. Death by wrongful act, excessiveness or inadequacy of verdict in action for death of spouse. 1915C-450, 455; 1916B-464, 465. husband's death, measure of damages re- coverable by wife. 3-103; 16-932. res judicata, recovery by administrator as bar to recovery by husband for tort. . 14-554. wife's death, measure of damages re- coverable by husband. 1915A-700. Earnings of married woman, loss in con- sequence of personal injuries as ele- ment of damages. 4-205; 6-412. Excessiveness or inadequacy of verdict in action by husband for personal injury to wife. 16-55; 1913A-1385; 1916B- 446. telograph case, excessiveness of verdict for mental anguish. 1913B-248. Loss of unborn child as element of dam- age in action for personal injuries to wife. 19-266. Notice to municipality as prerequisite to action by husband for injury to wife. 1916E-560. 9. Separation Agreements. Bankruptcy of husband as affecting ob- ligation arising under separation agreement. 1912B-668. HUSBAND AND WIFE Continued. Counsel fees pending action based on sep- aration agreement, power of court to allow. 1914B-409. Divorce as barred by separation agree- ment. 1916C-347, 367, 368. Homestead, conveyance by husband alone, validity under separation agreement. 1917A-77. partition of homestead, right of husband or wife after separation. 6-954. Eeconciliation of husband and wife sub- sequent to separation agreement, effect thereon. 1913A-1331. Release of dower to husband, right of married woman under separation agreement. 1917A-50. Validity of separation agreement, as de- pendent on manner of execution. 1913D-265. Widow's allowance as affected by volun- tary separation. 1916C-866. 10. Abandonment and Nonsupport. In General. Domicile, abandonment of marriage rela- tion, right of wife to acquire separate domicile. 1912D-397. Dower right as barred by separation of wife accompanied by adultery. 5-230. Duress, threat of abandonment by spouse as duress. 1917A-174. Homestead, right to partition after divorce or separation. 6-954. validity of husband's alienation as affected by separation of spouses. 15-1121. Insane wife, support outside matrimonial home, liability of husband. 4-787. Leaving marital home because of conduct of husband's relatives, right of wife. 1914B-633; 1916E-209. Legacy or devise conditioned on recipient obtaining separation from spouse, va- lidity. 1917B-167. Maintenance to either spouse, power of court to decree independently of divorce proceedings. 1913D-1132; 1914B-932. Ne exeat in suits by wife against husband for support. 3-295. 424 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. HUSBAND AND WIFE Continued. Ctiminal Liability. Gruel and unusual punishment for non- support of wife, what constitutes. 1918B-399. Infant, criminal liability for nonsupport of wife. 1914D-590. Nonsupport of wife having separate prop- erty or income. 1916A-856. Separation agreement as bar to criminal prosecution for failure to support. 1912D-1096. Statute making it crime for husband to abandon or fail to support wife, va- lidity. 1912B-280. Venue of criminal prosecution of husband for abandonment of wife. 1913C-59o. 11. Actions. Actions between husband and wife, right to file cross-bill for divorce in action by spouse for other relief. 1912B-743. Counsel fees in action based on separation agreement, power of court to allow pending action. 1914B-409. Joinder and splitting claims for injury to person and property arising out of single tort. 3-464; 1912D-257. Parties, joinder of causes of action as necessitating joining spouses as de- fendants. 3-287. 12. Witnesses. Agency, competency of husband or wife respecting transaction wherein witness acted as agent for spouse. 1915B-945. Alleged spouse, competency as witness against other in absence of valid mar- riage. 6-1021. Bigamy, competency of spouse as witness in prosecution. 12-114; 1916C-1060. Common-law rules as to competency of husband and wife as witnesses against one another in criminal cases. 2-881. Communications between husband and wife, right of third person overhear- ing to testify to. 10-179. Compelling defendant in criminal case to object to spouse as witness as reversible error. 1915D-362. Conversation or statement by spouse in presence of third person, competency of other spouse to testify to. 1916B- 602. HUSBAND AND WIFE Continued. Criminal conversation, competency of either spouse as witness in action. 1&12D-1121; 1915B-713. Death of spouse as affecting competency of survivor. 1917D-216. Deed or mortgage executed by one spouse, competency of other spouse as attest- ing witness. 15-592. Disability of spouse as witness removed by statute, right to compel one spouse to testify for or against other. 19-55. Divorce as affecting competency of hus- band or wife as witness. 1912B-120U; 1918E-193. Failure of accused to call hie wife as wit- ness, right of counsel to comment on. 17-421; 1913D-559. Letters between husband and wife, admis- sibility in evidence against writer. 3-915; 1912B-1001; 1915B-427. Nonaccess of husband, admissibility of testimony of married woman to prove. 6-816; 15-764; 1917A-1031. Privileged nature of communication be- tween husband and wife as extending to writing intended to be seen only after death of writer. 1915B-273. Prosecution of husband for crime against child of wife, competency of wife as witness. 1916A-617. Resulting trust arising from purchase by husband with wife's money, compe- tency of husband or wife as witness on issue. 1915D-628. Testamentary capacity, competency of tes- timony of one spouse as to capacity of other. 1916A-1060. Will, competency of husband or wife of beneficiary es witness. 1917A-833, 836, 838. HYDRAULIC INCH. Meaning as used with respect to measure- ment of water. 1916B-1235. HYPOTHETICAL QUES- TIONS. Necessity for containing all evidence on point in issue. 18-646. Voir dire examination of juror, right to ask by hypothetical questions. 1913D- 80. ICE IDENTITY AND IDENTIFICATION. 425 ICE. Abutting owner, deposit of ice in street, right to. 1913D-187. removal of ice from highways, liability of abutting owner. 1-946. Carrier of passengers, steps of passenger vehicles, liability of carrier for failure to remove. 17-51; 1915A-767. Dealer, manufacturer of ice as "dealer." 1917A-953. Falling of ice on adjoining property, lia- bility of land owner for injury caused. 1914B-1172. Grant of right to take ice from another's premises, nature and effect. 1917D-93. Harvesting, right as between person hav- ing right of flowage and riparian proprietor. 1917C-782. Hole cut in ice in public waters, civil liability for personal injuries caused. 14-365. Municipal plant for furnishing inhabit- ants, power of municipality to operate. 20-204; 1916C-1287; 191SD-911. Nuisance, liability of city for failure to abate accumulation of ice. 1-964. Riparian owner, right to take ice from public waters. 8-30. Streets and highways, icy street crossing as imposing liability on municipality for injuries caused. 1913C-1068. Trade, ice manufacturer as engaged in "trade." 1916A-1200. ICE-CREAM. State or municipal regulation, validity. 1917B-645; 1918B-1035. ICE-HOUSE. Fixture when erected by tenant. 20-790. ICEMAN. Hawker-peddler regulations as applicable. 1912D-1292. IDEM SONANS. D and T, application of doctrine of idem sonans. 15-912. Depositions, notice naming witness, suffi- ciency with respect to slight variation in spelling of name. 1918A-954. "S," addition or omission of final "s" as affecting application of doctrine of idem sonans. 1918A-351. IDENTITY AND IDENTI- FICATION. Animals, admissibility of opinion evidence to identify. 5-974. Attorney's identification of client as privi leged communication. 1913A-29. Author of writing, spelling, punctuation and literary style as elements of iden- tification. 20-1336. Clothing worn by deceased at time of kill- ing, necessity of identification to per- mit of introduction in evidence in homicide prosecution. 1912B-778. Cross-examination of witness called for identification purposes, scope. 17-20. Dead body, evidence admissible to estab- lish identity. 1918C-697. Debt in new promise removing bar of statute of ^imitations, necessity of identification. 1914B-223. Exhibit referred to in deposition, identifi- cation. 1918E-282. Extrajudicial identification. 1914B-700. Former testimony of witness who has become disqualified or inaccessible, ne- cessity of identity of parties and issues to render admissible. 21-183; 1914D-476. Fugitive from justice, burden of proof of identity within law of extradition. 20-546. Goods sold from mass, necessity of iden- tification for passing title. 9-26. Informer of offense leading to prosecution, right of defendant to know identity. 21-456. 426 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, IDENTITY AND IDENTIFICATION Continued. Insurance contract, subject matter and beneficiary of fire insurance contract, admissibility of parol evidence to identify. 1914C-65. Libel and slander, identity of person de- famed, admissibility of testimony of readers or hearers of libel or slander as to their understanding. 1917C-36. mistake as to person named or described as defense in action of libel or slander. 1914D-537. name identical with that of defamed person as giving right of action for libel or slander. 16-168. Name identical as establishing identity of person upon an issue of previous con- viction. 6-1026; 14-589. Parties to telephone conversation, suffi- ciency of identification to render evi- dence .of conversation admissible. 1916E-977. Presumption of identity of person and identity of name as conflicting with another presumption. 1917E-121. "Records, identification of record by stranger. 6-500. Smell or odor as means of identification in opinion of witness. 1914B-737. Torrens Acts, identification of premises registered under act. 12-836. Voice of accused as means of identifica- tion. 14-82; 20-403. Wills, admissibility of parol evidence to identify beneficiary, property, estate or interest under will. 1915B-10. identification of legacy by words in- dicating ownership or possession. 10 493. IF. Meaning in construction of will. 1913B- 730. IGNORANCE Continued. Carrier of goods, ignorance of nature of goods transported in violation of stat- ute as affecting criminal liability of carrier. 20-1156. Intoxicating liquors, ignorance of intoxi- cating character of liquors sold as de- fense to prosecution. 12-472. Laches as effected by question of igno- rance. 19-110. Master and servant, master's ignorance of age of minor employed in violation of statute as excusing liability for personal injuries. 1912B-805. servant's ignorance of language as af- fecting his incompetency. 1912C-100. Eape, consent to intercourse, ignorance of woman's mental condition as af- fecting crime. 1912B-1052. ignorance of age" of child as defense to prosecution for rape. 21-1058. Savings bank officers, ignorance as to charter restrictions as affecting liabil- ity for illegal loans. 1913B-429. Slander and libel, imputation of ignorance to physician, dentist or druggist as slander or libel. 20-482. Vendor and purchaser, ignorance of iden- tity of purchaser of realty as warrant- ing cancellation of deed or denial of specific performance of contract. 1912C-750. ILLEGAL ACTS. Agency, illegal act of agent as affecting principal's implied promise of indem- nity to agent. 1912D-993. Corporation, as ground for suit by minority stockholders to wind up corporation. 1918E-430. ILLEGIBLE WRITINGS. .Parol evidence as to contents. 1916A-282. IGNORANCE. Attorney's ignorance of law as negligence rendering him liable for loss to client. 1917B-8. Brokers, land owner's ignorance of broker's negotiations with purchaser as affecting broker's right to commis- sion on sale by owner. 1913D-822. ILLEGITIMACY. Adoption of illegitimate child, consent of parents as prerequisite. 1914A-224. "Child" as including illegitimate child. 1918B-249. Custody of bastard child, right to. 17-474. Death by wrongful act, damages as recov- ILL FAME IMMIGRATION. 427 ILLEGITIMACY Continued. erable for benefit of legitimate. 21- 929. parents' right to recover for death of illegitimate child. 10-810; 19160- 720. person other than parent, right to re- cover for death of illegitimate child. 1916E-454. Declarations to show relationship of illegitimate child, admissibility. 10- 521. Evidence, entry in family Bible, admis- sibility on issue of legitimacy. 1915B 377. Exhibition of child whose paternity is in issue to jury, right to. 6-560; 19- 536. Habeas corpus, welfare of illegitimate child as primary consideration in determin- ing right to its custody. 1914A-750. Illicit intercourse by mother of child born in lawful wedlock, admissibility of evidence on issue of its legitimacy. 1916A-1187. Incest, illegitimacy of party as affecting crime. 5-67; 1912B-502. Inheritance, brothers and sisters, succes- sion between illegitimates. 16-987. father of illegitimate, right of child to inherit from or through father. 1917C-826. legitimate descendants of bastard, right to inherit through him. 1913C-1338. mother of illegitimate, right of child to inherit from or through mother. 1914D-577; 1916E-914. "Issue" and "lawful issue," construction of terms as regards illegitimates. 5-936. Law governing status of person as legiti- mate or illegitimate. 1917C-537. Libel or slander, charging man with being father of bastard as slander. 1917A- 1045. Life insurance, "children" designated as beneficiaries in policy as embracing illegitimates. 15-531. Nonaccess of husband, admissibility of testimony of married woman to prove. 6-816; 7-1000; 15-764; 1917A-1031. "Parent," father or mother of illegitimate child or one born of a void marriage as parent thereof. 1913A-1246. Slaves, legitimacy of children. 5-144. ILLEGITIMACY Continued. Wills, insane delusion as to paternity of child as affecting testamentary capa- city. 1916C-18. parol evidence to show inclusion of il- legitimates by words of relationship in will. 1915B-51. revocation of will by birth of illegiti- mate issue. 1913D-1334. Workmen's compensation, illegitimate child as "dependent," within act. 1918B-754. ILL FAME. See Disorderly Houses. ILL FEELING. Antagonism or ill feeling between trustee and beneficiary as ground for removal of trustee. 1918B-1045. ILLICIT RELATIONS. See Adultery; Disorderly Houses; Forni- cation; Incest; Mistress; Prostitution; Seduction. ILLNESS. See Disease; Health. Juror, temporary separation of jury on account of illness as ground for new trial in criminal case. 20-656. Medical, surgical or other attendance or supplies, implied authority of officers, agents or servants to contract for. 3-570; 1912C-474. "Serious," or "severe," illness, meaning of term in application for life insurance policy. 20-291. ILL WILL. Witness, extent of cross-examination per- missible to show ill will. 1914B-537. IMMEDIATELY. Accident insurance, meaning of term in policy with respect to disability fol- lowing accident. 1914D-380. IMMIGRATION. Classes of aliens excluded by act. 19170- 235. 428 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 3918E. IMMIGRATION Continued. Immigrant prostitution and immorality. 1917C-244, 250. federal control of aliens after arrival. 16-1069. Inducement to commit offense against immigration law with view to prose- cution as defense to such prosecution. 1916C-732. Soliciting or importing alien contract labor as crime. 1917C-261. IMMORALITY. Contracts, admissibility of parol to show immoral consideration. 16-392. Discharge of servant as warranted on ground of sexual immorality. 17-360. Immoral show or exhibition, right of municipality to suppress. 1915B-322. Landlord and tenant, forfeiture of tenant's rights under lease by use of premises for prostitution. 1913C-1352. rent as recoverable for premises used for prostitution or other immoral pur- poses. 8-181; 21-837; 1914B-806. Words imputing immoral conduct to man as actionable libel or slander. 1917A- 1043. IMMUNITY Continued. entitled to immunity from subsequent prosecution. 1915B-399. statutes abridging constitutional privi- lege of witness. 2-177; 17-128 IMPAIRMENT OF OBLIGA- TION. Exemption from executing statute extend- ing as impairing obligation of con- tract. 1912B-259. Judicial decision as impairing. 4-93; 9- 1121; 1915C-578. Mental anguish as element of damages recoverable against telegraph com- pany, statute permitting recovery as impairment of contractual obligation. 1913.C-868. Ordinance granting privilege, impairment thereof as impairment of contract ob- ligation. 3-88; 6-601; 1915A-899. -municipal ordinance as within purview of federal constitution against impair- ment "of contract obligation. 12-503. Bepeal or modification of statute affecting municipal corporation as impairment of contract obligation between state and municipality. 4-794. What impairment constitutes, within rule against. 3-91. IMMUNITY. Contract for immunity from criminal pros- ecution based on return of stolen property, validity. 7-1010. Extradited prisoner, immunity from trial for crime not designated in requisi- tion. 3-543; 10-639; 1914B-799. immunity from arrest on civil process after interstate extradition. 17-619. Governor, immunity from judicial control. 3-391; 11-620; 1913B-789. State's evidence, prisoner becoming as immune from criminal prosecution. 18-747. Witnesses, corporation, privilege of wit- ness against self-incrimination as ex- tending to corporation. 1916A-380. federal Anti-trust Act, extent of im- munity of witness testifying in pro- ceeding under act. 1914C-131. necessity that witness claim exemption from self -ic crimination in order to be IMPEACHMENT. Acknowledgment, evidence requisite to im- peach. 7-249; 1917A-368. Arbitration and award, impeachment of award for mistake of fact not involv- ing exercise of judgment. 1918C-974. Architect's or engineer's decision. 10-580; 1913A-183. Dying declarations, impeachment by proof of contradictory statements. 7-885; 20-887. Indictment, impeachment by member of grand jury. 20-47. Legislative act, impeachment by reference to legislative journals. 9-582; 20- 350; 1918D-253. Public officer, impeachment for act com- mitted prior to commencement of term. 1916B-707. Eeference, impeachment of award of referee for mistake of fact not involv- ing exercise of judgment. 1918C-974. IMPENDING DANGER IMPOSSIBILITY OF PERFORMANCE. 429 IMPEACHMENT Continued. Verdict, affidavits of jurors as evidence that verdict returned or entered dif- fered from verdict actually found. 3- 401; 1912A-1205. statement by juror subsequent to trial, admissibility of evidence to impeach verdict. 1913D-1194. Witnesses. See Witnesses. IMPENDING DANGER. See Emergency. IMPERSONATION. Obtaining money by impersonating officer as robbery. 12-63. IMPLEMENTS. Necessary tools or implements, meaning as used in exemption statute. 1918D- 176. Vehicle as implement within exemption statute. 1917D-96. IMPLIED ADMISSIONS. Failure of party to civil action to reply to oral statement .as implied admis- sion. 1918C-9, 40, 42. Statement made in written communica- tion, failure to reply as admission of its truth. 1914B-788. Undenied accusation of crime, admissi- bility in evidence. 4-1042; 12-875; 1913C-240. IMPLIED CONTRACTS. See Contracts. Brokers, payment for sale, lease or mort- gage of real estate, what constitutes implied contract. 1918C-1064. Carriers of goods, implied agreement of consignee of goods to pay freight charges. 1917C-864. Heir's or legatee's services in connection with settlement of decedent's estate, right to compensation. 1916B-196. Municipal corporation, liability on im- plied contract. 2-509. Services rendered by person living in meretricious relations with another, right to recover for. 1916B-114. IMPLIED CONTRACTS Continued. Step-parent's expenditures for support of child, right to recover. 1916A-1180. Usury voluntarily paid, recovery of. 1- 421. IMPLIED GIFTS. Implied devise of bequest from recital in will. 1917D-431. IMPLIED POWERS. Executor, implied power to sell real estate of testator. 1916D-410. Municipal corporation, bonds, implied power to issue. 1913E-37. borrowing money or incurring indebted- ness, implied power of municipality. 6-760; 1913D-77. Trusts, implied power of trustee to mort- gage trust property. 1-942; 9-643; 10-255. IMPLIED WARRANTY. See Warranty. IMPORTS. See Exports. Forfeiture of imported goods, when takes effect. 7-900. Game, validity of statutes prohibiting pos- session of imported game. 2-229. Intoxicating liquors, when imported liquors subject to state regulation. 7- 1132; 20-669. "Knowingly" making import entry under false invoice. 1912A-434. Preliminary inspection of imported arti- cles as interference with interstate commerce. 14-1103. Taxation, effect of partial invalidity of statute. 1916D-89. IMPOSITION OF TERMS. Granting continuance on terms. 306. 1913A- IMPOSSIBILITY OP PERFORM- ANCE. See Contracts. 430 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. IMPOTENCY. Ground for divorce or annulment of mar- riage. 1913A-128. Personal injuries, necessity of pleading impotency specially in action for. 1916C-383. Eape, impotency as defense to rape or assault with intent to rape. 1916D- 535. IMPOUNDING ANIMALS. See Animals. IMPRISONMENT. Contempt, fine as enforceable by imprison- ment. 1912D-1339. term of imprisonment. 6-533. woman's imprisonment for contempt as violation of constitutional or statutory provision against imprisonment in civil action. 8-56. Husband's imprisonment, right of wife to recover damages. 1916C-481. Internment of person of hostile origin or association. 1917D-409. status of interned alien enemy. 1917C 170. IMPRISONMENT FOR DEBT. Bankrupt punished by imprisonment for failure to turn over property as in contravention of constitutional prohi- bition. 20-892. Breach of contract by employee, statute making it criminal offense as con- travening constitutional (provision against imprisonment for debt. 14- 1060. Civil liability for tort as debt within con- stitutional prohibition. 20-1344; 1917D-841. Constitutional or statutory provision against, as applicable to imprison- ment for failure to pay alimony. 1913E-1087. Cruel and unusual punishment, what con- stitutes. 1918B-398. Failure to pay fine or penalty, constitu- tional or statutory provision as appli- cable to imprisonment for. 19-757. IMPRISONMENT FOR DEBT Continued. Partnership, right of partner to arrest of copartner in civil action arising out of partnership transactions. 6-109. Statute punishing frauds on innkeepers as within constitutional provision against. 16-1231. IMPROBABLE TESTI- MONY. Bankrupt, improbable testimony by. 1917B-1096. Weight and sufficiency as evidence of un- contradicted improbable testimony. 4-985. Withdrawal from consideration of jury. 15-1187; 1917B-473. IMPROVEMENTS. "Adjoining," meaning of term as used in statute or constitutional provision re- lating to improvements. 1913D-847. Adverse claim, knowledge or notice there- of as affecting right to compensation for improvements. 1916B 57. Compensation for improvement, knowledge or notice of adverse claim as affect- ing right. 1916B-57, 65. Creditor's bill, improvements on land of another as reachable by. 1914B-954. Cultivation of land as improvement. 17- 406. Eminent domain, compensation in condem- nation proceedings, right of condemnee where placed on land by condemnor with authority or color thereof. 6- 382; 13-980; 1912A-244; 1917C-141. land owner's right to compensation for improvements placed by him on land after institution of condemnation pro- ceedings. 17-1033. Homestead, validity of contract by hus- band for improvements without join- der of wife. 9-12; 15-1120; 1917A- 76. Husband or wife making on land of other spouse, right to lien for compensation. 14-1178; 1912A-1194. Landlord and tenant, covenant to pay for improvements, right of lessee to en- force against successor of reversion. 4-439; 1918D-1180. IMPURE WATER IMPUTED NEGLIGENCE. 431 IMPROVEMENTS Continued. eviction, right of tenant to compensation for improvements. 6461. measure of damages for breach of cov- enant in lease to make improve- ments. 4-899. taxes on improvements placed on land by lessee, liability in absence of agreement between lessor and lessee. 1912A-275. Lien or resulting trust arising from pay- ment of money for purpose of im- proving land. 9-249. Life estate, right of life tenant to com- pensation. 3-689; 1913A-489. Mechanic's lien, improvement made with consent but not at expense of owner of realty. 11-1082; 19-734; 1916C- 1133. liability of improvement distinct from land. 2-689. right as dependent on nature of improve- ment. 1912B-5. Mistake in making improvement on land of adjoining owner, right to recover for. 1914A-238. Public improvements, who may petition for or remonstrate against. 1918E- 837. Eailroad tracks and improvements as in- cluded under term "right of way." 1918D-1049. Vendor and purchaser, land covered by contract of sale, change in value by improvements of vendor as warranting denial of specific performance. 1912C- 562. oral contract for sale of land, liability of vendor on breach for improvements placed on land by vendee. 1913C- 390. right of defaulting purchaser to reim- bursement under contract for sale of land. 1917C-85. vendor's lien on improvements, right to. 21-953. Water-power grant as affected by im- provements. 1916D-1017. IMPURE WATER. Liability of water company to consumer for furnishing. 1915C-686. IMPUTABLE KNOWL- EDGE. Corporations, knowledge of corporation, imputability to officer thereof. 1915A-855. notice as imputable to corporation of knowledge of its officers where latter engaged in independent acts in their own interest. 6-679; 1912C-295; 1916B-328. officer's knowledge, imputability to cor- poration where acquired as officer of another corporation. 1915A-861. Insurance agent, imputability of knowl- edge to principal as dependent on character of relation. 1913A-849. Municipal corporations, notice to police- man of defect in street as notice to municipality. 1914B-168. Servant's or agent's knowledge acquired before becoming such as imputable to master or principal. 1912D-95. viciousness of animal, knowledge by agent or servant as imputable to owner. 18-673. IMPUTED NEGLIGENCE. Automobile driver, negligence as impu- table to occupant. 19-1225. railroad crossing accident, imputability of driver's negligence to occupant. 1913B-684; 1915B-769. Death of child by wrongful act, negli- gence of one parent as imputable to other. 1914B-35. Driver's contributory negligence as im- putable to occupant of vehicle. 3- 703; 9-408; 1916E-685. Husband and wife, contributory negli- gence of one spouse as bar to recovery for injuries to other. 1912A-647. imputation of husband's contributory negligence to wife. 3-704. negligence of husband as driver of auto- mobile as imputable to wife riding as passenger. 1918B-841. Master and servant, imputation of negli- gence arising from relation. 1912A- 648. Parent and child, imputing negligence of parent to child of tender years. 1-216; 11-686; 1912D-521. negligence of child, imputability to parent. 21-143. 432 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, IMPUTED NEGLIGENCE Continued. person to whom child is intrusted, negligence as imputable to parent. 1916A-893. Street-cars and railroad trains, applica- bility of rule as to imputability of contributory negligence of driver to occupant of vehicle. 5-163. IMPUTED NOTICE. See Imputable Knowledge. INADEQUACY OF PRICE. Judicial sales, inadequacy as ground for setting aside. 1914D-3; 1915D-1102; 1918E-436. INCEST Continued. Imputing incest to man as actionable slander. 1917A-1046. Indictment or information, necessity of negativing lawful marriage between parties. 1912D-222. Eelationship by affinity as within statute against incest. 1913A-102. knowledge of relationship as affecting crime. 4-569. Solicitation of incest as indictable offense. 2-457. INCH. Water measurement, meaning as used with respect to. 1916B-1230. INADEQUATE VERDICT. INCIDENTAL EXPENSES. Verdict, death by wrongful act, what ia inadequate verdict. 1916B-460. personal injuries not resulting in death, what is inadequate verdict. 1916B- 384. INCAPACITY. Judicial sale, incapacity of party as ground for setting aside. 1914D-8. Partnership, dissolution of firm on account of mental or physical incapacity of partner. 1913D-1148. Attorneys, personal liability for incidental expenses of action. 1917B-520. INCIVILITY. Public officer, incivility or rudeness as ground for removal. 1912C-275. INCLUDING. Meaning of term. 1912D-637. INCENDIARISM. Defense in action on fire insurance policy, quantum of proof necessary to estab- lish. 1912A-1139. INCEST. Accomplice, woman with whom incest is committed as accomplice. 1914D-147. Consent of both parties as element of crime. 8-910; 21-1257. Corroboration of prosecutrix, necessity in prosecution. 18-975. Emission as element of incest. 11-94. Evidence, other acts of familiarity or inter- course, proof of. 10-656. relationship, evidence thereof in prose- cution. 21-558. Illegitimacy of party as affecting crime. 5-67; 1912B-502. INCOME. Meaning as net or gross income. 1915B- 1129. Profits as distinguished from. 20-690. Trusts, taxes and carrying charges as payable out of income or capital. 1918E-947, 982, 989. Wills, right to accumulation of testator's income from producing property where not expressly disposed of by will. 1914B-86. INCOME TAXES. Corporation, situs of income for purpose of taxation. 1918A-426; 1918E-750. Direct tax provision of federal constitu- tion as applicable. 1912B-1330. Federal Income Tax Act, validity. 1917B- 721. INCOMPATIBLE OFFICES INCUMBRANCES. 433 INCOME TAXES Continued. Interstate commerce, proceeds derived through interstate commerce as sub- ject to state income tax. 1918E-750. Personal income taxable under income tax statute. 1913C-894; 1916D-1265. "Plant," meaning as used in English In- come Tax Act. 1917A-322. Salary or income of federal officer, power of state to tax and vice versa. 7-87; 12-827. Statute levying income tax, validity. 21- 197; 1913A-1180; 1917B-721. partial invalidity of statute, effect. 1916D-89. INCOMPATIBLE OFFICES. See Public Officers. INCOMPETENT PERSONS. See Insane Persons. INCONSISTENT DEFENSES. Pleading, right to plead inconsistent de- fenses. 1917C-705. INCONTESTABLE CLAUSE. See Life Insurance. INCORPORATED VILLAGE. Village as synonymous. 1918D-262. INCORPORATION BY REFERENCE. Ordinances. 1914D-723. Wills. 1-395; 1915A-875. INCORPORATORS. See Promoters. INCREASE. Animals, increase as included within mortgage of dams. 13-100; 1917C- 1173. INCREASED PUNISHMENT. See Sentence and Punishment. Index to Notes 23 INCREASE OF ALLOW- ANCE. Workmen's compensation, increase of allowance under act. 1916E-890; 1918B-733. INCRIMINATING ARTICLES. Admissibility as evidence of crime of in- criminating articles taken from per- son of accused. 3-354. INCUMBRANCES. Covenant against incumbrances as bind- ing covenantor to pay expenses of successfully defending against assault on title. 1913B-873. Decedent's estate, subrogation to cred- itor's rights by one who advances money for payment of incumbrance. 11-676; 1915C-130. Devised lands, discharge of incumbrance out of personalty to disappointment of legatees. 8-592. Ditch right of way across premises, ex- istence as breach of covenant against incumbrances. 1912D-1119. Easement for public highway, existence as breach of covenant against in- cumbrances. 1914D-1011. Execution sale, payment of incumbrance by purchaser at void sale, right to recover amount. 1915C-594. Frauds, statute of, promise to discharge incumbrance as promise to pay debt of another within statute of frauds. 12-1104. oral agreement by vendor or vendee to remove incumbranee as within stat- ute. 1916B-221. Insurance, chattel mortgage void as to creditors as breach of condition in policy against incumbrances. 1915D- 917. divisibility of contract with respect to incumbrances. 1912C-990. satisfaction of incumbrance attaching to property as reviving avoided policy. 1917B-1241. unrecorded mortgage as breach of con- dition in policy against incuin- brances. 1912A-9S7. 434 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INCTTMBRANCES Continued. warranty regarding incumbrances on property covered by fire insurance policy, materiality as question of law or fact. 15-342. Lease, unexpired lease as breach of cove- nant against incumbrances. 1914D- 1176. Life estate, discharge of incumbrance by life tenant as entitling to reimburse- ment from remainderman or rever- sioner. 8-725. Marshaling assets, inverse order of aliena- tion within doctrine. 1916D-1119. Minerals, existence of right to enter and take as breach of covenant against incumbrances. 1912D-1140. Private roadway, covenant against in- cumbrances as breached by existence. 1913D-440. Public sewer through land as falling within covenant against incum- brances. 1916B-586. Eailroad right of way, existence as breach of covenant against incum- brances. 1912C-650. Special assessment outstanding as breach of covenant against incumbrances. 1918D-975. Specific performance of contract for sale of land with compensation for in- cumbrances, right to. 1915D-1110, 1114. Tax, outstanding tax as breach of cove- nant against incumbrances. 1913E- 248. IN CUSTODIA LEGIS. See Custody of Law. INDEBTEDNESS. Admission of liability made in offer of compromise as admissible in evidence. 1918E-445. Garnishment where indebtedness recover- able only after demand. 1914C-465. Pleading, general allegation of indebted- ness as legal conclusion. 14-839. INDECENT PUBLICATIONS. See Obscenity. INDEMNITY. Actual damage, giving promissory note as suffering actual damage within indemnity contract. 10-674. Bail, contract of indemnity from prin- cipal to sureties on bail bond, va- lidity. 16-1036. negligence of bail as releasing surety on bond indemnifying bail. 1913E- 455. Banks, tender of bond as condition of recovering savings bank deposit with- out production of pass-book. 1914D- 24. Contract of indemnity against possible suits, giving as species of mainte- nance. 14-559. Damages paid by city for unsafe high- way, right of recovery against abut- ting owner. 1-945. Frauds, statute of, applicability to prom- ise to indemnify. 6-671; 1912A-S84; 1915A-867. Injunction, validity of decree substituting indemnifying bond as alternative to injunctive relief. 13-440. j Insurance contract, indemnity as element ~. thereof. 1912D-1028. Joint tort-feasors, right of indemnity under contract between them. 21- 122. Life insurance policy as mere contract of indemnity. 1913D-610. Limitation of action on breach of con- tract of indemnity, running of stat- ute against action from date of ac- tual loss. 13-699. Lost negotiable instrument, giving in- demnity as prerequisite to recovery of amount. 1918C-925. Negligence of indemnitee, application of indemnity contract. 10-593. right of one secondarily negligent to indemnity against party primarily negligent on satisfying liability claim. 1913B-941. Officer enforcing execution, right to de- mand indemnity. 16-1045; 1914B- 859. ; Principal's indemnity to agent for acts . of latter, implied promise of. 1912D- 990. Eecovery on contract of indemnity, neces- sity for actual damage. 3-480, 965; 10-674; 1913D-1152. INDEMNITY INSURANCE INDIANS. 435 INDEMNITY Continued. Subrogation to securities given to in- demnify surety, right of creditor. 6-397. INDEMNITY INSURANCE. See Employers' Liability Insurance; Fi- delity and Guaranty Insurance. Discharge of surety on fidelity bond by failure of employer to notify surety of delinquency of employee. 11- 1031; 1912D-1286. Evidence of defendant's insurance against liability, admissibility. 1914A-948; 1916E-571. False representations of insured, effect on validity of policy. 8-608; 1915D- 732. Interest on judgment against insured, lia- bility of insurer. 1914D-1097; 1917D- 866. Liability of insurer limited to losses within certain period, validity and construction of indemnity insurance contract. 1914C-1210. Physician or dentist insured against lia- bility for malpractice. 1916E-1159; 1918E-524. INDEPENDENT CON- TRACTORS. Blasting, liability of owner of premises for injury caused by independent contractor. 14-1161. Dam construction, liability of owner for breaking of dam due to negligent construction by independent con- tractor. 1912A-115. Excavation on premises resulting in in- jury to adjoining building, liability of land owner as affected by em- ployment of independent contractor. 21-23; 1917A-356. Federal Employers' Liability Act as ap- plicable to independent contractor en- gaged in railroad work. 1918B-52. Fires, liability for setting, applicability of independent contractor rule. 18 7.15; 1913D-1178. Injury to person or property of third party sustained after completion of work, liability of independent con- tractor. 4-228; 1912B-710. INDEPENDENT CONTRACTORS Con- tinued. Mines, negligence of independent con- tractor resulting in injury to con- tractor's servant, liability of mine owner. 1912A-596. I one contracting with mine owner to break down rock and ore as fellow- servant of mine superintendent. 21- 105. Municipal liability for acts or negligence of independent contractor in repair- ing or improving street or highway. 16-433; 1914A-71. Kepairs to leased premises by independent contractor, liability of landlord to tenant for his negligence. 9-211. Runaway horse, liability of independent contractor for municipality for in- juries to horse. 1914C-254. Scaffold erected for repairing or painting building, liability of owner of build- ing for injury resulting to pedestrian from negligence of independent con- tractor. 1916C-123. master's liability to servant for injury from scaffolding furnished by another. 1&-617. Servant of contractor injured by collapse of building, liability of person em- ploying contractor. 18-9. Who is independent contractor. 19-3; 1913B-573; 1916D-222; 1918C-627, 663, 669, 672. Workmen's compensation, distinction be- tween independent contractor and workman. 1918B-708. employee of independent contractor as workman within meaning of act. 1918B-709. INDEX. Failure to index or error in indexing record, liability of recording officer to person injured. 20487. INDIANS. "Child" in statute relating to naturaliza- tion of Indians as including illegiti- mate child. 1918B-256. "Colored" as applied to person of Indian blood. 1912D-461. Depredation claims against federal gov- ernment, attorney's fee for collection, 436 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INDIANS Continued. validity of statute limiting amount. 1918C-869. Intoxicating liquor, validity and con- struction of statute forbidding sale or gift to Indians. 3-326; 1912B- 1090. Marriage, validity of common-law mar- riages. 191SE-380. Schoolsj right of Indian child to admis- sion to public schools. 1915C-482. State regulation, Indians as subject to. 13-192; 1914B-652; 1915D-371. Taxation of personalty on reservation, right of state or territory. 14-964. INDICTMENT AND INFORMATION. 1. In General. 2. Grand Jury Proceedings. 3. Formal Requisites. 4. Charging Offense. 5. Objections. 6. Issues, Proof and Variance. 7. Review. 8. Specific Offenses. 1. In General Amendment of indictments, constitu- tionality of statutes permitting. 3- 558; 1913A-402. Attorney general's right to file and prose- cute information. 1914B-143. Copy to be served on defendant, con- struction of statutory provision re- quiring. 1913D-1095. Corporations, necessity that criminal prosecution against corporation be by indictment. 19-534. Felony prosecution by information with- out indictment, constitutionality of statute providing. 6-644. Joinder of two or more defendants, right in indictment for violation of license statute. 1918A-571. Lost indictment, supplying by copy or parol proof of contents. 1913E-606; 1916D-254. INDICTMENT AND INFORMATION Continued. 2. Grand Jury Proceedings. Complainant or prosecutor as member of grand jury, effect on validity of in- dictment found. 1912B-738; 1916C- 424; 1917E-619. Court officer's presence in grand jury- room as affecting validity of indict- ment. 1912D-978. Evidence before grand jury, inquiry as to sufficiency. 1-842. Impeachment of indictment by member of grand jury. 20-47. testimony of members of grand jury as to number concurring in indictment. 1-649. Indicted person's testimony before grand jury, validity of indictment based on. 6-606. Preliminary examination, right of grand jury to find indictment before or pending preliminary examination. 1912D-145. Private or substituted prosecutor appear- ing before grand jury, effect on in- dictment. 1912D-184. Procurement by attorney acting for party adverse to former client in same gen- eral matter, validity of indictment. 1912B-217. Stenographer's presence in grand jury- room, effect on indictment. 1915B- 232. Return of indictment into open court, necessity of. 4-527; 19-1124. 3. Formal Requisites. "Against the peace and dignity," etc., necessity that each count of indict- ment should so conclude. 13-780. Contra pacem conclusion of indictment, sufficiency. 14413. Form of indictment, validity and con- struction of statute prescribing. 1918C-551, 569, 574. { Information filed by prosecuting attorney, necessity that be under oath. 7- 983; 1917C-531. Omission of word "did," effect. 7-46. Preliminary examination, as prerequisite to filing of indictment or informa- tion. 1916E-312. INDICTMENT AND INFORMATION. 437 INDICTMENT AND INFORMATION Continued. 4. Charging Offense. "About," meaning as used in indictment or information with reference to quantity. 1918D-706. Attempt to commit crime, necessity for averring overt act in indictment. 7-140. Blank date, sufficiency of allegation of commission of crime on. 19-930. Description in general terms of property subject of crime, validity of statute providing for. 1913E-217. Dollar-mark or other designation in- dicating money, effect of omission. 1915C-335. Food and Drug Act, sufficiency of charge of violation of federal act. 1915A- 49. Future or impossible date, validity of indictment or information fixing com- mission of crime on such date. 6 854; 1913B-1043. Intent not made element of offense by statute, necessity of pleading and proving intent. 1914D-181. Negativing exception in statute upon which prosecution is based, necessity of averment. 6-726; 13-364; 1913B- 135. "On or about" certain date, sufficiency of indictment charging commission of offense. 7-775. Place of offense as indicated by use of word "at." 1912B-1073. Second offense, necessity of pleading prior offense in prosecution. 9-768; 1914C-565. Statutory offense, sufficiency of charging commission during time which began before statute was enacted. 1913D- 487. "Tenor," meaning of word as used in in- dictment. 1914B-661. 5. Objections. Duplicity, time and method of objecting to indictment on ground of. 10- 1004. Information based on self-incriminating evidence, right of accused to dis- missal. 1914C-418. INDICTMENT AND INFORMATION Continued. Setting aside indictment and ordering resubmission, power of court on own motion. 1918A-860. Time and method of objecting to suffi- ciency of indictment. 1-479. 6. Issues, Proof and Variance. Alias and real name, necessity of prov- ing both where both are pleaded. 19-894. Intoxicating quality of liquor, necessity of alleging and proving in prosecu- tion for illegal sale. 13-117. Unnecessary allegations, necessity of proving. 4-756; 13-311. Variance, burglary indictment, effect, of variance between allegation and proof as to ownership of goods stolen or intended to be stolen. 1912C-116. conviction as accessory of person in- dicted as principal. 14-311. date of false swearing in prosecution for perjury, effect of variance be- tween pleading and proof. 21-1157. greater offense not barred as affecting right to convict under lesser offense which is barred. 17-718. involuntary manslaughter, conviction under indictment for murder. 1914B- 1012. lesser degree conviction, right of jury under indictment or information charging act declared by statute to be murder in first degree. 12-1081. 7. Review. Appeal, sufficiency of indictment, rais- ing for first time on appeal. 3-546. Habeas corpus, right to review errors or irregularities in indictment. 11-1054. 8. Specific Offenses. Abortion, necessary allegations as to means used. 11-221; 1912D-1325. Adultery, use of word "felonious" in in- formation or indictment. 1912A-263. Bigamy, allegation as to first marriage, sufficiency of indictment with respect to. 16-516. Blackmail, sufficiency of allegations for conspiracy to blackmail as to object 438 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INDICTMENT AND INFORMATION Continued. and means of accomplishing con- spiracy. 21-43. Blasphemy, indictment or information for. 1914A-816. Bribery, sufficiency of allegation of value of thing offered or received as bribe. 1918A-314. Burglary, conspiracy to commit burglary, sufficiency of allegations as to object of and means of accomplishing con- spiracy. 21-46. corporation, necessity of alleging fact of incorporation in charging burglary from corporation. 12-683. description of building, sufficiency in indictment or information. 1913D- 867. ownership of building entered, necessity of alleging. 5-1011. Civil rights, sufficiency of allegations of conspiracy to deprive citizen of civil rights as to object and means of accomplishing conspiracy. 21-44. Compounding offenses, necessity of al- leging and proving actual commis- sion. 9-565. Conspiracy, allegations as to object and means of accomplishing, sufficiency. 21-35. . offense which one of conspirators is incapable of committing, validity of indictment for conspiracy to commit. 14-156. Embezzlement, "by virtue or employment of office," necessity of alleging prop- erty as so received. 15-444. 'demand and refusal to pay, necessity of allegation in indictment. 15-575; 1914D-1318. fiduciary relation, sufficiency with re- spect to allegations of. 1912C-903. money, necessity of alleging value. 13-554. national bank funds, sufficiency of in- dictment for misapplication by officer. 21-891. ownership by private corporation, com- pany, association or society of prop- erty embezzled, sufficiency of allega- tions. 18-343. public or corporate officer, sufficiency with respect to description of prop- erty. 21-72. INDICTMENT AND INFORMATION Continned. False pretenses, ownership of thing ob- tained by false pretense, necessity of alleging. 13-849. person defrauded, sufficiency of de- scription. 17-624. representation as to condition or quality of animal, sufficiency of indictment. 1913C-275. written instrument upon which charge is based, sufficiency of allegations. 11-833. Forgery, allegation connecting name in- correctly signed with name intended, necessity of. 20-168. charging forgery of instrument and its subsequent utterance as duplicitous. 21-237. forging and uttering as one offense. 1-308; 21-236. joinder of counts for forging and uttering forged instrument. 21-237. name of person intended to be de- frauded, necessity of allegation. 1912C-1143. setting out instrument forged, suffi- ciency of indictment with relation to. 17-499. Fraud, sufficiency of allegations of con- spiracy to defraud as to object and means of accomplishing conspiracy. 21-39. Homicide, deliberation and premeditation, necessity of allegation in indictment for murder. 3-936. feloniously, necessity of using word in indictment. 11-996. human being, necessity of alleging that deceased was human being. 20-775. instrument used, sufficiency of indict- ment with respect to description. 18-314. Incest, necessity that lawful marriage be- tween parties be negatived in indict- ment or information. 1912D-222. Intoxicating liquor, local option law vio- lation, necessity that indictment allege adoption, etc., of law. 10-1012. name of purchaser, necessity of alleg- ing in indictment or information for unlawful sale. 4-98; 13-128. price or consideration for unlawful sale, necessity of alleging. 19-693. INDIGENT PERSONS INDUSTRIAL INSURANCE. 439 INDICTMENT AND INFORMATION Continued. Larceny, animal, sufficiency of indictment with respect to description of animal. 17-735. articles belonging to different owners, sufficiency of allegations charging theft. 16-585. decedent's estate, ownership or posses- sion of property belonging thereto, allegations of indictment or informa- tion as to. 20-1263. description, effect of evidence that more certain description could have been given, where allegation made that more certain description of property is unknown. 18-944. -married woman's property, allegation of ownership. 6-163. ownership of property stolen from private corporation, company, asso- ciation or society, sufficiency of in- dictment or information with refer- ence to allegations. 18-1121. value, necessity of alleging in indict- ment. 2-857. Mails, using with intent to defraud, suffi- ciency of indictment. 18-1046. Obscenity, publishing, distributing or mailing obscene matter, sufficiency of description in indictment. 9-47. Obstructing highway, sufficiency of de- scription of highway in indictment or information. 13-909. Perjury, necessary allegations as to per- son administering oath. 9-765. sufficiency of indictment as to "assign- ment of perjury." 17-921. Profanity, indictment or information for. 1914A-818. Rape, act done against will or without consent of female, necessity of ex- press allegation. 9-417. age of defendant, necessity of alleging. 5-111. charging rape by force and in another count with woman of unsound mental condition as duplicitous. 1912B-1053. "feloniously," necessity of using word in indictment or information. 7-263. negativing marital relation between ac- cused and prosecutrix, necessity. 16- 902. Receiving stolen property, necessity of alleging name of thief. 18-196; 1914B-174. INDICTMENT AND INFORMATION Continued. Robbery, "asportation" or "carrying away," necessity that indictment or informa- tion allege. 5-687. assault with intent to commit robbery, allegations necessary. 1918A-412. description of property taken, sufficiency of indictment with respect to. 1912B-402. intent to steal, necessity of allegation. 21-1141. INDIGENT PERSONS. See Poor and Poor Laws. INDIVIDUALS. Judgment in action by or against individ- ual as res judicata in action by same person in representative capacity. 1918E-1103. representative capacity, judgment against person as res judicata in action by same person individually. 1918E- 1096. Presumption as to normality. 1913E-101. Validity of statute subjecting corporations to damages but not including individ- uals. 1914B-975. INDORSEMENT. See Bills and Notes; Checks. INDUCEMENT. Criminal law, inducement to commit offense with view to prosecution therefor as defense to such prosecution. 17-295; 1916C-730; 1917D-954. INDUCTION. Electricity, induction, conduction and elec- trolysis. 1916A-135. INDUSTRIAL INSURANCE. See Workmen's Compensation. Nature and purpose of industrial insurance. 1918B-1186. 440 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INEBRIATES. Compulsory commitment to asylum or other institution, validity and construction of statute providing for. 15-964; 1917E-359. INEVITABLE ACCIDENT. Effect as excusing performance of contract. 1-466. INFAMOUS CRIMES. Disqualification in one jurisdiction by rea- son of conviction in another. 5-917. INFANTS. 1. In General. 2. Contracts. 3. Property. 4. Torts of Infants, Liability for. 5. Torts Against Infants, Right of Action for. 6. Actions. See Adoption; Guardian and Ward; Parent and Child. 1. In General. Alimony application, infancy as defense. 1913A-545. Binding out infant to service, statute authorizing state . as within constitu- tional provision against slavery or in- voluntary servitude. 9-402. Child, adopted child as included under term "child" in statute. 1915B-786. grandchild or grandchildren as included under term "child" or "children" in statute. 1918E-1004. illegitimate child as included under term "child." 1918B-249. Confession of infant, admissibility and ef- fect in criminal case. 1912C-1062. Custody of child, divorce decree as res ju- dicata. 1916B-894, 914. Executor, right of infant to be. 1913B- 1164. Failure to provide infant with clothing, shelter or medical aid, death resulting therefrom as manslaughter. 13-43. False pretense, misrepresentation of age by minor as constituting. 21-437. INFANTS Continued. Heirs, when construed to mean children. 1914B-70. Immigration, exclusion of infant child un- der act. 1917C-247. Intoxicating liquors, consent to issuance of liquor license, power of infant. 1916C- 497. giving liquors as furnishing within pro- hibitory statute with respect to minors. 4-1063. ignorance of minority as affecting prose- cution for furnishing liquor to minor. 18-437. medicinal purposes, sale of liquors to minors for. 3-840. minor purchasing for another, liability for sale. 6-867; 21-187. "Issue" as including adopted child. 1912A- 326. Juvenile courts, creation, validity of stat- ute providing for. 7-831; 1914 A- 1227; 1915D-701. establishment and procedure. 1916E- 1010. jurisdiction of offenses against minors. 1916E-1014. partial invalidity of statute relating to juvenile offenders and courts. 1916D- 67. Labor laws, validity and construction of child labor acts. 9-1108; 15-473; 1913E-339; 1918E-730. Libel and slander, communication to child as privileged within law of libel and slander. 1917E-896. Master and servant, incompetency of minor as servant as dependent upon youth. 1917C-98. Military service, enlistment of minor in militia without consent of parents, validity. 1913C-1273. minors as subject to military service. 1917C-814. release from detention of military or naval authorities, right of infant un- lawfully enlisted. 16-129; 1917C-77S. Misrepresentation as to age, estoppel of infant by. 4-535. Nonsupport of wife, criminal liability of infant. 1914D-590. Rape or assault with intent to rape, ca- pacity of infant to commit. 11-1063. INFANTS. 441 INFANTS Continued. Services rendered during minority to per- son standing in loco parentis, right of child to recover for. 20-394. Tender in behalf of infant by stranger, sufficiency. 12-82. Wages, minimum wage law, validity. 1916A-225. payment to child, silence of parent as implied assent. 9-512. Wayward children, commitment to institu- tions or to proper guardianship with- out jury trial, constitutionality of statutes providing for. 5-96; 7-831; 14-819. Witnesses, competency of infant. 14-3; 1916C-424. failure to swear infant as affecting trial and verdict. 1912D-573. Woman, female child as included in term, "woman." 10-958. Workmen's compensation, child as "de- pendent" within act. 1913E-483; 1918B-754. election by infant employee as to accept- ance of provisions of act. 1918B- 716. increase of allowance to minor. 1918B- 735. minor employed in violation of law as entitled to compensation. 1918B- 679. 2. Contracts. Apprenticeship, liability of infant on cove- nant in indenture. 20-779. Attorney's services, liability of infant for. 5-131; 1914D-604. Avoidance of contract for purchase of property, right of infant to recover amount paid by him. 16-524. Contract of child induced by threats of criminal prosecution against parent, validity and effect. 1917C-1026. Disaffirmance of contract after majority, what constitutes reasonable time. 1917D-413. marriage settlement, right of infant to disaffirm after attaining majority. 12-861. Insurance representations or warranties, in contract, binding effect. 16-271. INFANTS Continued. Landlord and tenant, money paid as rent, right of infant lessee to recover from lessor. 1915B-676. Marriage void on ground of infancy as ratified by cohabitation after reaching age of consent. 6-486. Necessaries, burden of proof and province of court and jury as to whether arti- cles furnished constitute. 14-686. clothing purchased by minor child, liability of parent. 1913A-967. disaffirmance of contract for necessaries, right of infant. 4-422; 1914C-239. instruction or education, contract by in- fant for as constituting contract for necessaries. 8-131; 20-593. Services, right of infant who repudiates contract for services to recover there- for. 1916E-261. 3. Property. Administration upon estate of minor, neces- sity and propriety. 7-861. Annuities as apportionable to infants. 21- 315. Decedent's estate, advancement from es- tate for expenses as chargeable against infant's share. 1917A-138, 141. Deeds, disaffirmance of conveyance during minority by conveyance at majority. 3-593; 1914D-847. ratification, silence or acquiescence after coming of age as constituting. 1912C- 775. Gift by infant, validity. 21-973. Mechanic's lien on property of infant tin- der contract made by guardian, right to. 15-1089. Sale of realty, education and maintenance, right to sell infant's real estate when parents are able to provide for him. 1914B-276. general power of equity to decree sale or lease of infant's realty. 1915A-563. "require," legal meaning in statute re- lating to sale of infant's real estate. 1912A-1237. Taxation, personal property of infant, situs for taxing purposes. 7-680. redemption from tax sale, right of in- fant. 1914C-421. residence or domicile of infant for tax- ing purposes. 1917B-731. 442 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INFANTS Continued. Wills, capacity to dispose of property by will. 1912A-621. 4. Torts of Infants, Liability for. Automobiles, liability of owner for acts of his child as driver. 1914C-1091. Infant master, liability for tort by servant. 1916A-962. Injuries caused another while at play, liability of infant. 1912C-177. Parent's liability for torts by infant. 11- 367; 1912A-585. Tort connected with or growing out of con- tract, liability for. 1913A-970. 5. Torts Against Infants, Right of Action for. Carriers of passengers, free carriage on trains or street-cars as affecting duty and liability of carrier respecting in- jury to infant. 9-963. Contributory negligence of children. 1- 895; 17-353; 1913B-969. employment of minor contrary to stat- ute as avoiding defense of contribu- tory negligence. 8-646. Death by wrongful act, excessiveness of verdict. 1915C-455. Electric wires, duty and liability of one maintaining in reference to children. 10-925; 21-1096; 1917A-895. Fireworks, liability for causing injury to infant by discharge. 5-540. Imputed negligence, infant's negligence as imputable to parent. 21-143. parent's negligence as imputable to child of tender years. 1-216; 11-686; 1912D-521. Licensee or. invitee on premises containing dangerous machinery, liability of owner for injury to infant. 1913A- 115. Loss of time or earning capacity as ele- ment of damage in action by infant for personal injuries. 8-1107. Master and servant, disobedience of rules or regulations as affecting right of re- covery from master for personal in- jury of minor servant. 8-6. employment of minor in violation of statute as negligence on part of em- ployer. 8-644; 14-123; 1912B-803. INFANTS Continued. liability of master to parent for injuries to infant servant. 1913C-234. rules and regulations of master as ap- plicable in case of injuries to minors. 1912A-85. saw operated by machinery, liability of master to infant servant for injuries by. 1913C-125. warning and instructing infant servant, duty of master. 3-368; 17-487; 1914A-609. Notice to municipality as prerequisite to action for injury to child of plaintiff. 1916E-560. Parent's action for personal injuries to child, loss of society of child as ele- ment of damages. 18-479. Playing in highway, law of road as ap- plicable. 1917C-454. Railroads, attractive nuisance or turntable doctrine, application to standing rail- road cars. 1912D-916. children trespassing on track, duty of railroad to anticipate. 4-680; 16-247; 1916B-357. fencing against children, as included in railroad's statutory duty to fence its right of way. 13-187. lookout for children on tracks, duty of railroad as applicable to private rail- road. 1914A-671. trespassing children on trains, liability of railroad for injuries received. 21- 699. turntables, care required of railroads in operation with respect to children. 5- 377; 15-561. Release of damages for tort, right of in- fant to repudiate. 12-689; 1914A- 997. Running over child in street, applicability of res ipsa loquitur doctrine. 1913C- 1056. Stealing ride on vehicle, liability for in- jury to minor. 1917D-379. Street railway, duty to give notice to child in street of approach of car by sounding gong or bell. 20-156. Toy pistol injuring child, liability of seller. 1913C-804. Trespassing children injured by dangerous substance on premises, liability of owner. 5-503. INFECTIOUS DISEASES INFRINGEMENT. 443 INFANTS Continued. liability of land owner for injury on ac- count of unguarded pond, pool or well, etc. 11-990; 1913A-1032; 1916C-1085. 6. Actions. Action instituted by guardian, effect of at- taining majority pending action. 1914A-604. Admissions in answers in equity as evi- dence against infant defendants. 4 403. Amicus curiae, power to protect rights of infant. 1915A-196. Appeals, right of infant to complain in ap- pellate court of errors not objected to in trial court. 1913B-443. Compromise of cause of action, right of parent or person in loco parentis. 17- 608. Costs, liability on infant's attaining ma- jority pending action instituted by him. 1914A-606. personal liability of attorney of infant for costs. 21-880. Death of parent by wrongful act, running of statute of limitations with respect to action by infant. 17-520. Declarations of infant at time of accident as part of res gestae. 14-51. at time of assault or homicide as part of res gestae. 1916C-1187. Discovery, infant as party defendant to bill. 20-910. Filing claim against municipality, infancy as suspending limitation of time. 13- 488; 1916C-1042. Guardian ad litem, necessity for appoint- ment when infant has natural guard- ian. 1912D-363. infant married woman, right to prose- cute action with husband as coplaintiff without appointment of guardian ad litem or next friend. 9-1116. Insurance, clause limiting time to bring suit as affected by minority of insured. 8-1066; 20-1291. Judgment sented. vacation of. affecting infant duly repre- 1917B-922. payment and satisfaction of judgment re- covered in favor of infant, power of next friend. 7-607. INFANTS Continued. Limitation of actions, infancy of heir, devisee or distributee as interruption of running of statute. 3-837. Money loaned, infancy as defense to ac- tion for recovery. 1916C-999. Next friend not proper party to prosecute suit, power of court in premises. 1914A-943. Seduction by infant, infancy as defense. 2-769. INFECTIOUS DISEASES. See Disease. INFIRM PERSONS. See Disease. INFLAMMABLE MATERIAL. Accumulation within corporate limits, right of municipality to prohibit. 1913E-435. IN FORMA PAUPERIS. Eight of personal representative to so sue or defend. 1-805. INFORMATION. See Indictment and Information. INFORMATION AND BELIEF. Affidavits based on information and belief, sufficiency. 11-980. Denial on information and belief of mat- ter necessarily within knowledge of defendant, effect on plea. 1912C-149. Injunction, affidavit or complaint upon in- formation and belief as basis. 1-653; 18-817. Nondenial of fact stated on information and belief as raising presumption "gainst party to action. 1914A-932 1 . Warrant, affidavit on information and be- lief as basis for issuance. 1-653; 18- 817. INFRINGEMENT. See Copyrights; Patents; Trademarks and Trade Names. 444 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918Ei. INHABITANCY. Domicile as synonymous with "inhabi- tancy." 1915C-784. INHERENT VICE. Cargo carried on vessel, inherent vice as affecting liability of ship owner for loss or injury. 13-246. INHERIT. Meaning of "inherited," "inherit," etc. 1917C-386. INHERITANCE. See Descent and Distribution; Heirs. Natural right protected by constitution. 9-726. INHERITANCE TAXES. Aliens, liability to succession tax of trans- fer to alien. 1912A-857. Amount of estate transferred, liability to succession tax as dependent upon. 11- 143; 1914A-472. Appreciation or depreciation of property subsequent to death of decedent as affecting assessment of tax. 1912C- 1017; 1916A-786. Bonds or securities of United States and other governmental bodies, liability of transfers to succession tax. 5-874. Community property as subject to inher- itance tax. 1913D-496. Constitutionality of succession taxes. 1- 30; 7-1061; 8-159; 12-953; 1913D-757. Conveyance in contemplation of or to take effect at death, validity of statute levying tax. 1914D-1183. Corporate stock, situs for purposes of suc- cession tax. 13-741; 1918A-555. Debt, situs for purpose of succession tax. 11-119; 1912A-903; 1915B-864. Deduction of mortgage debts from realty or personalty in assessing succession tax. 14-860. Double taxation, construction of statute so as to avoid. 1914B-691. Dower, widow's dower, support, etc., as subject to succession tax. 1913A-167; 1918D-1094. INHERITANCE TAXES Continued. Executor or administrator, personal lia- bility for payment of inheritance tax. 1915A-265. Exemption as arising from tax exemption of corporation by statute or charter. 1915B-1053; 1918E-943. Federal succession tax on contingent in- terest, refundment. 1916A-318. Foreign charitable corporations, liability of bequests to inheritance tax. 1-233; 8-159; 6-579; 1912B-994. Future estates, time for taxing under suc- cession tax acts. 5-237; 1916D-309. Life beneficiary, method of determining value of interest. 1914D-77. Municipal corporations as included under term "corporation" in statute. 1913B- 747. Partnership, situs of interest of deceased partner for tax purpose. 9-692. Payable out of estate or out of legacy or devise. 20-1358. Personal property in foreign jurisdiction at time of owner's death as subject to tax in state of his residence. 1913D- 520. Prospective or retroactive operation of suc- cession tax acts. 2-608; 8-218. Rate of taxation, construction of law with respect to. 1914B-627. Real property, situs as affecting liability to inheritance tax. 1915A-169. Eenunciation of legacy or devise, effect upon liability to succession tax. 10- 1036. Residence or domicile within inheritance tax statute. 1917B-733. Statutes, partial invalidity, effect. 1916D- 89. rule for construction of inheritance tax statutes. 1915C-322. Sum appropriated in will for tomb, grave, etc., as subject to succession tax. 17- 853. Transfer made before death, liability to succession tax. 14-109; 1915B-1089. .Will contest, succession tax on money paid to compromise contest. 6-572. INHUMAN TREATMENT. See Cruelty. INITIALS INJUNCTIONS. 445 INITIALS. Letter as constituting name, presumption. 1914A-1115. Middle initial of name, effect of mistake in legal proceedings. 15-117; 1912B- 601. Publication notice, mistake in initials of defendant's name as affecting juris- diction of court. 1913B-1253. Wills, signature of testator by initials, sufficiency. 18-771; 1917B-875. INITIATIONS. Beneficial association, membership as de- pendent on. 1917B-3SO. Injuries sustained by applicants for mem- bership in association, secret society, etc., liability for. 12-554. INITIATIVE AND REFERENDUM. Constitutionality of provisions either in, state constitutions or municipal char- ter. 11-920; 1918D-604. Construction of provision in constitution, statute or municipal charter for in- itiative or referendum. 1916B-819, 855, 860, 865; 1917E-739, 985. Emergency clause, construction of statu- tory provision respecting. 1917E-985. Judicial review of initiative and referen- dum proceedings. 1916B-829. Eatification by voters, validity of statute, other than local option law, which takes effect only on ratification. 20- 652; 1916A-110; 1918E-573. Self-executing provisions of constitution. 18-202; 1914C-1119. INJUNCTIONS. 1. Notice and Grounds of Belief. 2. Subjects of Relief. A. GENERALLY. B. BREACH OF, OR INTERFERENCE WITH CONTRACT. C. EXECUTION AND FORECLOSURE SALES. D. EXTRATERRITORIAL OPERATION. E. JUDICIAL PROCEEDINGS. F. MUNICIPAL MATTERS. G. NUISANCES. INJUNCTIONS Continued. H. PUBLIC OFFICERS. I. TAX MATTERS. J. TRESPASS. 3. Temporary Injunction. 4. Procedure. 5. Breach of Injunction. 6. Injunction Bonds. 7. liability for Wrongful Issuance. 1. Nature and Grounds of Belief. Comparative injury to parties, injunetive relief as affected by. 14-19; 1913 A- 248. Conditions at time of trial or at time of instituting suit as affecting right to in- junetive relief. 1915D-1252. Ineffectiveness of injunction through acts of defendant pending suit, right of plaintiff in injunction suit to dam- 1914D-179. Loss of right to injunction against in- fringement of trademark or trade name by delay, laches x>r acquiescence. 18^159. Mandatory injunction, when granted on ground of inadequacy of mandamus aa remedy. 1912D-110. Past injuries, injunction as remedy. 1913D-968. Patent, jurisdiction of state court to issue injunction to protect rights based on patent. 1916B-806. Eemedy by force, right to injunetive relief where complainant has. 16-730. Ees judicata, judgment in criminal pro- ceedings as res judicata in action for injunction. 21-1189. 2. Subjects of Belief. A. GENERALLY. Attorney, restraining from acting for party adverse to former client in same general matter. 1912B-214. Blacklisting, whether subject to injunetive relief. 1-474. Boycotting, when subject to injunction. 1-177. Building restrictions, establishment of in- dustry where required consent of property owners has not been ob- 446 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INJUNCTIONS Continued. tained, right of property owner within prescribed radius to enjoin. 1914A- 979. right to enforce by injunction as de- pendent on meaning of restrictive cov- enant being clear. 1912A-80. Colored persons, right to enjoin owner from selling or offering to sell realty to. 1914B-826. Copyright infringement, consideration of amount of infringement on application for injunction. 14-503. Corporations, inspection of corporate books, right of stockholder to injunc- tion to enforce. 19-313. officer of private corporation, power of court to enjoin from performance of duties. 20-598. Crimes, validity of statute authorizing in- junction against commission. 13-689. right to enjoin act which is both nui- sance and crime. 13-794; 1914A-440; 1916C-455; 1916D-788. Executor's sale of realty under power in will, right of heirs or legatees to enjoin. 1912B-1019. Explosives, restraining keeping or storing by injunction. 14-594. Expulsion of pupil from school, right to enjoin. 1918A-403. Fence of unusual height, right to enjoin adjoining land owner from maliciously erecting or maintaining. 9-734; 1915A-718. Games on vacant lots, right to enjoin owner for permitting their use for playing games. 14-177. Intoxicating liquor, right of private cit- izen to restrain unlawful sale. 15- 1015. > Labor unions, conspiracy to coerce em- ployment of members only, injunction against. 6-279. unionizing of employees, right to enjoin. 1918B-478. Libel, injunction against publication or to compel retraction. 1916D-1088; 1917D-657. Mine owner flooding neighboring mine, injunction against. 1914C-460. Multiplicity of suits as ground for injunc- tion where purely legal controversies are involved. 1915B-452. INJUNCTIONS Continued. Nontransferable tickets, injunction to pre- vent buying and selling. 12-700; 1913B-475. Picketing, injunction to restrain injuries to business or property. 4-783. Private hospital or sanatorium for con- tagious or infections diseases as sub- ject to injunction. 15-719. Publication of private letters, right to re- strain. 1912D-555; 1915B-105. Public lands, protection of possessory rights pending final decision by Land Department by issuance of injunction. 12-32. Railroads, laying tracks in street without paying or securing compensation, right of abutting owner to enjoin. 13-23; 1913E-874. removing station to another location, right of private individual to enjoin. 1914A-691. Shadowing by detectives, restraining by injunction. 1-156. Solicitation of customers by former em- ployee as subject to injunctive relief. 1918C-1026. Strikes, injury to business or property by strikers,' injunction as remedy against. 4-783; 7-645; 8-804. right of nonunion employees to enjoin strike by union coemployees. 1913D- 369. Trade secrets of master, restraining ser- vant from disclosing. 17-144; 1914C- 631. Usurious contract, right to enjoin enforce- ment. 2-912. Waste by owner of realty, right of lienor or creditor to restrain. 13-89. contingent remainderman, right to re- strain. 1912A-544. Waters and watercourses, pollution by in- dividuals or municipality, right of riparian owner to enjoin. 9-516; 1915A-983. B. BREACH OF, OR INTERFERENCE WITH, CONTRACT. Contract not capable of being specifically enforced, restraining breach by in- junction. 3-976; 7-55. Express covenant not to engage in same business as covenantee, remedy for breach. 15-692; 1916C-187. INJUNCTIONS. 447 INJUNCTIONS Continued. Interference with contract relations as subject to injunction. 2-443; 11-338; 1912B-1164. Theatrical performer, injunction to re- strain breach of contract for services. 1914B-10; 1917C-395. C. EXECUTION AND FORECLOSURE SALES. Execution sale as subject to injunction. 1918C-152, 324, 325, 328, 330, 332. Foreclosure of mortgage, right on ground of alleged error in amount of mort- gage indebtedness. 1912C-572. Mortgage and trust deed sales of property, restraining on ground of bar of stat- ute of limitations on debt secured. 7-189. right to enjoin on ground of conflicting liens or rights or because of disputed title. 1917D-125. D. EXTRATERRITORIAL OPERATION. Acts committed in another state, right of state to enjoin. 11-490. Proceedings in another state or country, power of court to enjoin. 10-26; 16- 673; 1913B-204; 1915A-834; 1918B- 1150. Trespass on realty situate in another state, injunction against. 8-519. E. JUDICIAL PROCEEDINGS. Criminal prosecutions, power of equity to enjoin. 1-121; 7-576; 19-459; 1916C- 1153; 1918E-795. Execution on dormant judgment, injunc- tion to restrain. 13-862. Federal court proceedings, power of state court to restrain. 11-744. Garnishment proceedings, injunction to re- strain. 12-335. Injunction to prevent injunction, right to issuance. 3-966. Proceedings in court of law, injunction against in case of fraud, accident or mistake. 5-727. Prosecution under invalid ordinance, in- junction against. 6-1013; 10-760. Removal of causes, power of federal court to which cause has been removed to enjoin further proceedings in state court. 13-1071. INJUNCTIONS Continued. F. MUNICIPAL MATTERS. Business competition by municipality, right of citizen to enjoin. 1918B-118. Franchise, power of court to determine va- lidity of municipal franchise in action to enjoin commission of acts there- under. 1914B-490. Municipal contract, interference by in- junction with act of letting. 17-653. Passage of municipal ordinance or resolu- tion, injunction against. 19-208; 1913E-96. Police surveillance of place of business or amusement, injunction against. 5- 483; 1913B-713. Public improvements interfering with gas or water pipes, right of gas or water company to injunction against muni- cipality. 6-391. Violation of municipal ordinance, muni- cipality's right to enjoin. 1916C-963. private individual's right to enjoin when violation not nuisance per se. 13-203. G. NUISANCES. Cemetery, equitable relief against as nui- sance. 5-136; 20-794; 1917B-563. Gasworks, injunctive relief against, as nuisance. 21-1253. Intoxicating liquors, proper territorial scope of injunction against liquor nui- sance. 1915C-1129. Nuisance in city street, right of state to enjoin or abate. 16486. Private nuisance which is also crime, right of state to enjoin. 1916C-455. Public nuisance also crime, right of state to enjoin. 13-794; 1914A-440; 1916D- 788. Stable as nuisance, equitable relief against. 14-894; 1913B-894. Suits by private citizens to enjoin nui- sances. 1-38; 17-1128. Threatened or apprehended, nuisance, in- junction to restrain. 2-250; 20-933. H. PUBLIC OFFICERS. De facto officer, right to injunctive relief against forcible dispossession. 1913E- 736. 448 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INJUNCTIONS Continued. Elections, power of courts of equity to enjoin. 9-123; 1912A-723; 1918E- 1153. Governmental agent as subject to injunc- tion for infringement of patent rights. i5-mo. Governor of state, injunction against. 3 393; 11-620; 1913B-789. Incumbent of office performing duties pending election contest, right of con- testant to enjoin. 16-1052. Individual's right to enjoin act of public official. 3-1013; 15-1173. Misapplication of funds, right of taxpayer to enjoin. 3-1014. Official acts outside of jurisdiction, injunc- tion as remedy against public officer. 1914C-328. Political rights, jurisdiction of equity to protect. 1915C-989. State officer, restraining enforcement of statute by, as suit against state within constitutional provision. 14-791. I. TAX MATTERS. Erroneous or invalid levy or assessment as ground for enjoining collection of tax. 3-564; 12-764; 1915C-755. Illegal tax, right of individual to enjoin assessment. 3-1014; 1917E-97. Nonverification of assessment-roll as ground for enjoining tax collection. 11-1122. Taxpayers, in what matters entitled to in- junctive relief. 1913C-892. J. TRESPASS. Animals, injunction to restrain trespass by. 14-550; 1916A-247. Blasting causing injury to premises of a continuous character as subject to in- junction. 11-348. Trees or timbers, injunction to prevent injury to. 11-456. Trespass, injunction as remedy for con- tinuing or repeated trespass. 15-1235. Waters and watercourses, injunction as remedy for wrongful diversion of watercourse. 1912D-13. equitable estoppel as defense to suit to restrain diversion and use of water. 2-786; 1914B-996. INJUNCTIONS Continued. 3. Temporary Injunction. Appeal, temporary injunction pending ap- peal from judgment denying perma- nent injunction, power of trial court to grant or continue. 21-1362. Before institution of action, right to grant temporary injunction. 1913E 462. Distinction between temporary restraining order and temporary injunction. 1917B-123. Modification or suspension of preliminary injunction before trial. 1916E-205. Order made on motion to dissolve tem- porary injunction as final or interlocu- tory. 1912C-898. 4. Procedure. Alternative relief by decree awarding damages or indemnity bond, validity. 13-439. Appeal and supersedeas bond, effect on injunction. 4-231; 7-41. Complaint or affidavit upon information and belief as basis for injunction. 1-653; 18-819. Limitation of time to bring suit as affected by injunction. 4-147; 1912D-1022. Sunday issuance of injunction, right of court to grant or refuse. 1916B-39. 6. Breach of Injunction. Advice of counsel to person enjoined as defense to liability for breach of in- junction. 1913D-383. Contempt, violation of injunction by per- son not party to suit as criminal con- tempt. 3-28; 20-118. Good motive of person enjoined as defense to liability for breach of injunction. 1913D-375. Violation of injunction after dissolution, right to punish. 1915D-1010. 6. Injunction Bonds. Abatement of action as effecting breach of injunction bond. 6-403. Action on bond, violation of injunction as defense. 19-671. INJURY INNKEEPERS. 449 INJUNCTIONS Continued. Damages su. c tained after injunction made permanent, recovery on bond. 16 1123; 1913C-1277. Dismissal of injunction suit as breach of injunction bond. 6-401. Dissolution of temporary injunction, right to enforce injunction bond. 15-721. Judgment against principal as evidence against surety on injunction bond. 9-157; 1915D-406. Stranger to injunction bond or suit, right of action on bond. 6-904. Summary judgment against surety on in- junction bond, entry of. 1918C-97. 7. Liability for Wrongful Issuance. Counsel fees, recovery as damages upon dissolution of injunction. 8-712; 13 262; 1912D-715. Damages resulting from improper suing out of injunction, duty of injured party to minimize. 1918C-673. Malicious prosecution, procuring wrongful issuance of injunction as ground for action. 1914D-611. Municipality, liability for wrongful in- junction. 1912A-212. INJURY. Business, injury as element of damages in eminent domain proceedings. 1918B- 869. Credit, injury as element of damages for wrongful attachment. 1915A-1221. Personal injuries. See Negligence. Personal property, injury as element of damages in eminent domain, proceed- ings. 8-696; 16-787; 1918B-886. Workmen's compensation, what is "injury" or "personal injury" -within, act. 1915C-921; 1918B-362. INK. Trademark or trade name as infringed by similar name. 1915B-340. IN LOCO PARENTIS. See Apprentices; Guardian and Ward; Parent and Child; Schools. Index to Notes 29 INNKEEPERS. 1. In General. 2. Relation of Innkeeper and Guest. 3. Eights of Innkeepers. 4. Liabilities of Innkeepers. 1. In General. Burglary of hotel, sufficiency of indictment with respect to description of hotel. 1913D-873. Food or accommodations fraudulently pro- cured by guest, criminal liability validity of statute. 1915C-1002. Frauds on innkeepers, statute punishing as within constitutional provision against' imprisonment for debt. 16-1231; 1915C-1002. Homestead exemption as extending to premises used for hotel or lodging- house. 1913E-1256. Hotel, inn and tavern as synonymous. 1914B-874. Inspection of hotels or inns, validity and construction of statute providing for official inspection. 1912B-827. Intoxicating liquors, burden of proof of sale to hotel guest in prosecution for illegal sale. 1913C-638. hotel and tavern as synonymous within meaning of liquor statutes. 1913B- Sunday sales of liquor to "guest," "trav- elers," "with meals," etc., under stat- utes permitting sale. 17-817. Licensing or regulating hotels, lodging or rooming houses, validity of statute or ordinance. 1916C-290. "Trade," innkeeper as engaged in. 1916A-1200. 2. Relation of Innkeeper and Guest. Baggage intrusted to innkeeper or em- ployee as establishing relation of guest. 1918A-541. Carrier by water, liability as innkeeper' for personal effects of passenger. 1918E-589. Guest and boarder at hotel or inn, dis- tinction between. 14-326; 1914B-729. Leaving horse at inn as establishing re- lation of innkeeper and guest. 16- 938. 450 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INNKEEPERS Continued. Tenant and lodger, distinction between. 1914A-200. 3. Lien, boarding-house or lodging-house keeper, lien on effects of boarder, lodger or guest. 1914D-837. property of third persons in possession of guests, innkeeper's lien on. 3-626; 12-404. Removal from premises of guest acting in improper or disorderly manner, right of innkeeper. 11-725. Transfer of guest from one apartment to another, right of innkeeper. 13-1051. 4. Liabilities of Innkeepers. Assault on guest by employee or other person, liability of innkeeper. 8-688. Boarder's effects, liability of hotel-keeper. 2-16; 1914B-1180. Commercial traveler's goods brought to inn for sale or show, liability with respect to. 1913A-449. Condition of inn premises as affecting lia- bility to guest. 15-925; 1912A-1210. Delivery or deposit of goods, what con- stitutes, under statute limiting lia- bility for effects of guest. 12-100. Deposit of property for safekeeping, ne- cessity that guest declare value. 1914D-367. Extraordinary liability, relation of inn- keeper and guest prerequisite. 2-346; 18-985. Fire-escapes, duty to maintain. 9-1161 ; 15- 924. Implied warranty of fitness of food sub- jecting to consequential damages for breach. 16-498. Injuries sustained by guest in fire, lia- bility of innkeeper. 1917A-143; 1917E-852. Insult or indignity to guest, liability of innkeeper. 1918E-255. Liability of innkeeper to third person for act of guest. 19-219. INNKEEPERS Continued. Loss of guest's watch, liability of inn- keeper. 2-491; 1912A-961. Prima facie liability of innkeeper, proof of loss of or injury to goods of guest as establishing. 1913E-864. INNOCENCE. Presumption of identity of person from identity of name as conflicting with presumption of innocence. 1917E-122. Subsequent marriage, presumption of in- nocence on issue of validity. 17-680. INNOCENT PURCHASER. See Bills and Notes. Conditional sale, conflict of laws as to rights of innocent purchaser from con- ditional vendee. 1916A-880. Corporation, bona fide transferee of stock, liability to corporation for unpaid sub- scription. 1914B-748. IN PARI DELICTO. Illegal contract, recovery of consideration paid on executed contract when parties are in pari delicto. 4-714. Marriage, right to annulment of void mar- riage where parties are in pari delicto. 1913D-456. Paramount public interest as modifying rule that where parties are in pari delicto court will aid neither. 1913D- 772; 1917E-1040. IN PARI MATERIA. Statutes in pari materia, construction together of contemporaneous statutes. 18-424; 1915A-186. IN PASSENGER CONVEY- ANCE. Meaning in accident insurance policy. 1913A-843. INQUESTS. See Coroners. INSANE PERSONS. 451 INSANE PERSONS. 1. In General. 2. Criminal Liability. 3. Civil Liability. 4. Contracts, Gifts and Conveyances. 5. Sale of Realty. 6. Commitment and Support. 7. Evidence of Insanity. 8. Insane Person as Witness. 1. In General. Adverse possession by lunatic. 1914A-39. Amicus curiae, power to act for protec- tion of rights of incompetent person. 1915A-196. Carrier of passengers, duty and liability with respect to insane passenger. 1913D-153; 1916E-256. Landlord and tenant, liability of com- mittee of lunatic for rent. 1916E-819. Libel or slander, charge of insanity as actionable. 191SE-101. Life insurance, construction of clause in policy excepting death from suicide while "sane or insane." 7-659. suicide while insane as avoiding policy containing no provision as to suicide. 8-162; 11-779. Negligent or tortious acts of insane agent or servant, liability of principal or master. 4-135. liability of insane institution for acts of inmate. 12-829. Partnership, dissolution on account of mental incapacity of partner. 1913D- 1148. Eape, intercourse with woman of un- sound mind as rape. 1912B-1049. Taxation of personal property of lunatic, situs for. 7-680. residence of person non compos mentis for purpose of taxation, what con- stitutes. 1917B-731. Tort of insane person, liability of parent, guardian or the like. 19i5D-224. 2. Criminal Liability. Acquittal of crime on ground of insan- ity; "ght of person to be discharged INSANE PERSONS Continued. from- restraint on recovery of sanity. '1913A-1260. Burden and quantum of proof on issue of insanity in criminal cases. 3-926; 15-95. Confession, right of accused to show in- sanity at time. 16-1086. Defense to crime, validity of statute de- claring that insanity shall not con- stitute defense. 1912B-927. r Epileptic insanity in criminal cases. 18-428. Hypothetical questions to witness, ne- cessity that they contain all evi- dence on point in issue. 18-64S. Irresistible or uncontrollable impulse as defense to criminal charge. 1912A- 36; 1917C-609. Jury trial on question of insanity, right of accused in criminal case. 1913C 327. Kleptomania. 1914A-886. Mentally diseased from use of intoxi- cants, criminal responsibility. 19 1169. Murder committed by insane person, ne- cessity of proving motive. 1912C 238. Test as to accused's irresponsibility for criminal act. 1916A-984. Time or stage in criminal proceedings when question of insanity of de- fendant may be determined by in- quisition or otherwise. 4-393; 1916E-424. Verdict of guilty but insane as affecting defendant's right of appeal. 1912A- 462. 3. Civil Liability. Attorney rendering services to insane per- son, right to recover. 1915A-729. Contract made by guardian, liability of insane person for breach. 11-54. Divorce proceedings, effect of insanity of defendant. 1-252. Libel or slander by insane person, insan- ity as defense. 4-573. Limitation of action, interruption of run- ning of statute in favor of insane plaintiff. 1912C-1011. 452 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INSANE PERSONS Continued. Party to civil action, manner of. raising and determining issue of mental ca- pacity. 1913A-1349. Tort of lunatic, liability for. 21-1352. 4. Contracts, Gifts and Conveyances. Bona fide contract of lunatic executed before adjudication, of insanity, val- idity. 1914D-867. Conveyance of ward, power of guardian to ratify. 1912D-704. Corporate officer executing contract, right of corporation to avoid con- tract on ground of his mental in- capacity. 21-617. Fairness of transaction, burden of prov- ing in case of mental weakness. 1912A-710. General contract capacity and marriage capacity contrasted. 1913B-123S. Gift by incompetent person, avoidance in action of ejectment. 14-507; 1915D- 1025. inter vivos gift to feeble-minded per- son. 1913B-1016. Homestead alienation or incumbrance, right of husband alone during insan- ity of wife. 9-14; 15-1122. conveyance by husband, insanity of wife as affecting right to convey. 1917A-78. Marriage with person of unsound mind as void or voidable. 1912D-1127. concealment or misrepresentation of mental capacity as ground for annul- ment of marriage. 12-28. mental incapacity sufficient to invali- date marriage, degree of. 1913B- 1234. quantum of proof required to invali- date marriage on the ground of men- tal incapacity. 1913B-1242. ratification of marriage void by rea- son of insanity by cohabitation after recovery. 6-486. Negotiable paper signed or indorsed by lunatic, validity and effect. 4-539. Release of claim for personal injuries as affected by mental incapacity of per- son. 3-574. Tender in behalf of idiot by stranger, sufficiency. 12-82. INSANE PERSONS Continued. Wills, adjudication of insanity subse- quent to execution of will as fact admissible in evidence on issue of testamentary capacity. 1915B-1009. belief in spiritualism as impairing tes- tamentary capacity. 10-617; 1914C- 1049. insane delusion with respect to rela- tive as affecting testamentary capa- city. 191GC-4, 29, 33, 35; 1918D- 471. 5. Sale of Realty. Judgment against insane person, enforce- ment by execution sale. 15-356. Sale of lunatic's real estate, notice as jurisdictional prerequisite. 1912A- 10?7. -proceeds of sale as realty or person- alty. 1915A-158. 6. Commitment and Support. Arrest of person without warrant, right to on ground of insanity. 1917D- 536. Commitment of insane persons, due pro- cess of law. 1-733; 13-877; 1913C- 323. effect of subsequent repeal of statute authorizing. 1-220. Inquisition of lunacy, necessity of notice to lunatic. 10-216. Lunacy inquiry, right to voluntary dis- missal. 1915D-663. Maintenance of insane person, right of state to recover from his estate. 1913A-577; 1917E-418. Married woman, liability of husband for support outside home. 4-787. Poor laws, insane person as pauper or poor person. 20-764. Release from insane institution, judg- ment in criminal proceeding as res judicata in proceeding to procure. 21-1189. Unlawful detention in hospital or insti- tution for insane, right to damages. 1917C-162. 7. Evidence of Insanity. Ancestors or kindred, admissibility of their insanity in evidence on issue of sanity. 6-29; 7-267; 1918B-124. INSECTS INSOLVENCY. 453 INSANE PERSONS Continued. Continuance of permanent insanity, pre- sumption as to. 4-491; 1912C-3S8. General reputation as proof of insanity. 18-935. Opinion evidence as to mental capacity to execute contract or deed, admissi- bility. 4-888. Suicide as evidence of insanity. 1912A- 44; 1916E-488. 8. Insane Person as Witness. Competency of insane person as witness. 1913E-323. Former deposition or testimony as ad- missible where witness becomes men- tally incompetent to testify. 1914B- 2S4. Impeaching one's own witness by proof of insanity. 1914B-1123. ill, incompeteney of witness as affect- ing probate. 1914C-905. INSECTS. Accident insurance, insect bite as acci- dental injury within terms of policy. 2-142. Extermination of insect pests, validity of statute providing for. 1913A-412. Eight of land owner to drive trespass- ing insects on to neighbor's land. 21-645. INSECURITY CLAUSE. Chattel mortgage, right of mortgagee to take possession under insecurity clause. 1914B-1097. INSOLENCE. Servant's insolence or disrespect as ground for discharge. 1916A-1016. INSOLVENCY. See Assignments for Benefit of Credi- tors; Bankruptcy; Receivers. In General. Bankruptcy, what constitutes insolvency within bankruptcy law. 11-449. INSOLVENCY Continued. Banks, checks forwarded for collection, effect of insolvency of bank after collection. 2-118. criminal liability of officer for receiv- ing deposit as dependent on his actu- ally receiving deposit in person. 1913B-316. criminal liability of officer for receiv- ing deposit consisting of check on same bank. 1916E-592. depositor's insolvency as affecting right of bank to set off amount of deposit against his immatured indebtedness. 1915A-6S9. intent as element of offense in receiv- ing deposit in insolvent bank. 1917B-1081. lien or setoff of insolvent bank against deposit for debt of depositor not yet due. 1917C-1205. setoff of deposit against debt to in- solvent bank, right of depositor. 1917C-1187, 1203. validity of statute making it crime to receive deposit in insolvent bank. 20-1323. when bank is insolvent. 1916C-85. Barred debts, inclusion in schedule as revival. 4-939. Building and loan association, insolvency as affecting right of members to withdraw. 8-836. settlement with borrowing members upon insolvency of association. 4- 1080; 10-391; 1914B-1269. Chattel mortgage, right of personal rep- resentative of insolvent to assail, validity. 2-712. Clearing-house member, effect of insol- vency. 1914C-526. Composition agreement with creditors, construction and effect of fraud thereon. 1914A-836. Corporations, compensation of officer, right to recover balance due on in- solvency of corporation. 12-581. enforcement of agreement to purchase stockholders' shares' after insolvency of corporation. 10-145. insolvency, as ground for suit by mi- nority stockholders to wind up corpo- ration. 1918E-427. right of officers to act for themselves in opposition to corporation after it becomes insolvent. 1915B-197. 454 INDEX TO 'THE NOTES, 1 AffN. CAS. TO ANN. CAS. 1918B. INSOLVENCY Continued. securities deposited with state, right to proceeds on insolvency of corpora- tion. 1914D-439. stock subscription, insolvency of cor- poration as affecting right to repudi- ate for fraud. 16-178. trust fund doctrine as applicable to corporation which is going concern. 1913E-191. Credit insurance against insolvency of debtor, applicability of contract. 1915A-662. Decedent's estate, right of personal rep- resentative to recover payment made to creditor in excess of pro rata share. 19-794. Executors and administrators, insolvency of personal representative as affect- ing liability of surety on bond for debts of representative to estate. 2 355. legatee's or distributee's power to sue for assets in case of insolvency of personal representative of estate. 4- 195. Factors, claim of factor for advances in full from insolvent principal. 6-311. Fire insurance, cancellation of policies as arising from insolvency of fire insur- ance company. 17-802; 1915A-1236. insolvency of insured, effect on his rights under fire insurance policy. 14-890; 1914D-931. recovery on policy, right of insured in case of insolvency of company. 1912C-812. Homestead, insolvent debtor's right to use assets to acquire. 1913A-964. Injunction, insolvency of trespasser wrongfully cutting or injuring trees as ground for writ. 11-458. Landlord and tenant, lien of landlord as devested by insolvency of tenant. 15-S86. Libel and slander, imputation of insol- vency to business man as slander. 8- 213. Life insurance policy as passing to trustee for creditors on insolvency of insured. 20-1193. Limitation of actions, effect of in- solvency proceedings on time to bring suit. 4-149; 1912D-1022. INSOLVENCY Continued. Malicious prosecution, institution of in- solvency proceeding as ground of ac- tion. 1916D-909. Mutual insurance company, distribution of assets and surplus of insolvent company. 7412. Partnership, right of firm creditors to share in individual assets of part- ners as against individual creditors, on insolvency of partnership. 1915C- 1176. "Person" in statute relating to in- solvency as including private corpo- rations. 20-747. Kescission, undisclosed insolvency of ven- dee as ground for rescission of sale of goods by vendor. 8-505. "Residence" as synonymous with "domi- cile" with respect to insolvency pro- ceedings. 1915C-788. Revival of discharged debt, uncondi- tional promise sufficient to revive. 9- 646; 1913C-742. Schedule of debts filed in insolvency pro- ceedings, effect of omission of dollar- mark. 1915C-335. Specific performance, inadequacy of rem- edy at law due to insolvency of de- fendant as ground for specific per- formance. 5-273. State insolvency law inoperative because of conflict with federal law, neces- sity for re-enactment after change in federal law. 19-608. national bankrupt law as affecting state insolvency act with respect to who may be adjudged bankrupt. 1913E-957. Statutes, effect of partial invalidity of state insolvency law. 1916D-37. Stock exchange, membership in stock or produce exchange as assets in case of insolvency. 10-245. seat of insolvent member, validity of rule with respect to. 1916E-879. Preferences and Preferred Claims. Corporation, preference and distribution of assets to class other than enumer- ated by statute, right of court -to al- low. 1912B-1248. right of insolvent corporation to pre- fer creditors. 15-1218. INSOMNIA INSPECTION. 455 INSOLVENCY Continued. Public funds deposited in bank as con- stituting preferred claim against in- solvent bank. 8-116; 1913D-391; 1916B-1264. Setoff of deposit against debt to insol- vent bank as creating preference. 1917C-1190. State's claims against insolvent debtor's estate as entitled to priority. 4-973. INSOMNIA. Injury causing insomnia, inadequacy of verdict. 1916E-423. INSPECTION. In General. Boilers, federal railroad boiler inspection act, construction. 191SC 584. public regulation or inspection of steam boilers. 1915D-846. Carriers of goods, F. O. B. contract, right of buyer on arrival at destina- tion to inspect goods sold under such contract. 16-1201. Carrier of passengers, liability for in- juries caused by defective manufac- ture of appliances as dependent on inspection and test. 1916E-932. Electricity, apparatus used as motive power, duty of railroad to inspect. 21-751. wires, duty of electric company to inspect. 1918C-919. Explosives, failure to comply with regu- lations as to inspection of explosives and oils as creating liability for in- juries. 5-182. Fees, levy under police power for in- spection as occupation tax. 1913C- 593. Food, opportunity or lack of opportunity to inspect on sale as affecting im- plied warranty. 15-1083. Gas-pipes, duty of gas company to in- spect so as to prevent escape of gas. 1914C-345. Hotels or inns, validity and construction of statutes providing for inspection. 1912B-S27. Imports, state statute requiring prelim- inary inspection as attempted regula- INSPECTION Continued. tion of interstate commerce. 14 1103. Laundries, validity of provisions respect- ing inspection. 21-976. Master and servant, excavations, duty of master to inspect to observe danger of sliding rock. 21-710. premises of master, liability for in- juries to servant where duty of in- spection is on injured servant. 17- 1087. public official's inspection of machinery, material, etc., as relieving master of duty to inspect. 14-71. fc railroad torpedoes, duty of master to servant with respect to inspection. 19-1099. * scaffolding, relative duties of master and servant as to inspection. 18 618; 1913B-1129. tools, duty of master to inspect com- mon or simple tools. 7-342; 1912 A- 1004. Meat dealers, statutory or municipal regulation for inspection. 1912B-510. Milk, constitutionality of laws providing for inspection. 4-119. Petroleum products, construction of stat- utory regulation as to inspector's fees. 18-785; 1917A-170. Property involved in case on trial, power of court of equity to order inspec- tion. 1914A-613. Steam supply, necessity and sufficiency of inspection. 1915D-851. Weights and measures, validity of legis- lation as to inspection. 1912C-253. Books, Papers and Eecords. Corporate books, director's right to in- spect. 17-837; 1914B-424. foreign corporations, court's power to compel inspection of books and papers. 19-S9. remedy of stockholder to enforce right of inspection. 19-310. stockholder's right to inspect as abso- lute or qualified. 10-990; 20-612; 1913E-173; 1917A-103; 1917D-898. Fee to custodian, right to inspect public records and n^ake abstract without payment of fee to custodian. 6-542. 456 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INSPECTION Continued. Grand jury, minutes, right of indicted person to inspect. 4-1055; 18-421. Memorandum or paper used by witness to refresh memory, right of opposite party to inspect. 9-560. Municipal books or papers, right of citi- zen or taxpayer to inspect. 1913E- 60. National bank books, right of stock- holder. 1-130; 1915C-364. Transcript of court proceedings as privi- leged from inspection. 1916C-876. INSPECTORS. Municipal employee rather than officer. 1914D-1233. INSTALMENT CON- TRACTS. Action for breach of contract perform- able in instalments, successive ac- tions as permissible. 6-63. Hawking and peddling regulations as ap- plicable to sales on instalment plan. 1912IX-1293. Measure of damages of vendee for breach of contract for sale of goods deliver- able in instalments. 6-166. vendor's measure of damages for breach of instalment contract. 1913C-122. Rejection of later instalments as pre- cluded by acceptance of prior instal- ments. 20-528. Rescission of contract for successive de- liveries of goods for nonpayment of instalment. 3-901; 11-1049; 1913D- 1021. rule for rescission in toto as applica- ble. 1912A-669. Title to article contracted for, when passes where price is paid in instal- ments during construction. 10-141. INSTANTANEOUS SEIZIN. Application of doctrine to mechanic's lien. 7-624. INSTRUCTIONS. In General. Abstract proposition of law stated with- out applying same to facts of case as reversible error. 1915D-1128. Additional instructions, open court, ne- cessity that further instructions re- quested by jury be so given. 14- 514; 1917A-389, 403. presence or consent of counsel, neces- sity on giving further instructions after retirement of jury. 17-536; 1917A-409. Admissions, propriety of cautionary in- struction relative to consideration of verbal admission. 1918D-298. Argument or remarks of counsel, admon- ishing jury to pay no attention to remarks of counsel as reversible er- ror. 1912C-817; 1915B-736. request to charge jury as to improper argument, necessity of making. 1916A-557. Breach of promise to marry, instruction as to exemplary damages. 1914B- 321. Citations supporting, propriety of deliv- ering instruction containing. 1914B- 254. Coercion of jury, instructions and com- ments of court to jury as constitut- ing. 11-1131; 1912D-440; igioD-GGS. "Etc.," use of term as error in instruc- tion. 1912C-175. Falsus in uno falsug in omnibus, neces- sity of charging jury that if they believe witness has testified falsely in one particular they may disregard all his testimony should include pro- viso that false testimony must have been knowingly and wilfully given. 8-450; 1912D-1351. Issues, propriety of referring jury to pleadings to determine. 1912C-227. Jury trial, statute regulating instructions on evidence as invasion of right. 1916A-1147. Law of case on appeal, instructions not excepted to as. 1913D-300. Libel and slander, effect of erroneous in- struction when jury are judges of law. 3-552. INSTRUMENTS. 457 INSTRUCTIONS Continued. right of court to instruct and effect where jury vested with power to de- termine law and facts. 1915D-1270. Manner or tone of court on giving instruction as prejudicial error. 1912A-1007. Negative pregnant in instruction. 1917A- 676. Negligence, ordinary care, propriety of charging as that which person of rea- sonable prudence "would use in his own affairs, about his own business, in preventing personal injury to him- self." 1914B-1024. proximate cause of injury, effect of failure to instruct that negligence must have been. 20-85. Nonproduction of evidence as warrant- ing unfavorable inference against party, propriety of instruction. 1914A-934. Numerous or lengthy instructions, pro- priety of requesting or giving. 191SA-1091. Objection in addition to exception, ne- cessity in order to secure review of giving. 1912B-1231. Perjury committed at trial, propriety of instructing jury to that effect. 1917B-128. propriety of charging that if jury do not believe testimony of witness they must deem him guilty of per- jury. 1912D-279. Personal injuries, instruction for al- lowance for medical expenses in ac- tion where there is no evidence as to such expenses, effect of. 1913D- 150. Bemarks or instructions by court in pres- ence of entire panel of jurors as re- versible error in particular case. 1915B-824. "Require," legal meaning of word as ap- plied to instructions. 1912A-1235. Sunday, additional instruction to jury on Sunday, right to give. 1916B-13. Technical terms, propriety of instruction containing. 11-622. INSTRUCTIONS Continued. Corroboration of accomplice, necessity of cautionary instruction upon uncor- roborated evidence in jurisdiction where corroboration is not necessary. 15-699. Failure of accused to testify, instruction as to. 3-909; 10-950. Higher degree of crime, effect of er- roneous instruction where jury are properly instructed as to, and find verdict for, lower degree. 14-989. Homicide, degrees, propriety of instruc- tion as to punishment imposed for various degrees. 1917A-752. error in charging with respect to lower degree of homicide as cured by ver- dict of guilty of murder in first de- gree. 1913A-735. "feloniously," necessity of using word in instruction defining murder, man- slaughter, etc. 13-550. lesser degrees of homicide, duty of court in murder trial to instruct with- out special request. 3-139. self-defense, duty of court to instruct as to, where accused denies killing. 19-120. Larceny, duty of court upon request to instruct as to law of circumstantial evidence where it is shown that de- fendant had possession of stolen property. 8-796. Eape, necessity for corroboration of prosecutrix, effect of failure to give unrequested instruction. 5-313. Seasonable doubt, definition as doubt for which juror can give reason, pro- priety of instruction. 11-1019. individual juror, right of defendant in criminal case to instruction as to reasonable doubt dealing with in- dividual juror. 11-433. jurors not at liberty to disbelieve as jurors what they believe as men, propriety and effect of instruction. 21-564. Eobbery. necessity of stating intent to steal as element. 21-1143. Criminal Cases. Appeal, right of defendant to complain of instruction given at his request. 1913B-75. INSTRUMENTS. Vehicle as instrument within exemption, statute. 1917D-96. 458 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918Eu INSUFFICIENCY OF EARNINGS. Corporation as subject to dissolution at instance of minority stockholder on ground of insufficiency of earnings. 1918E-426. INSULTS. Carrier of passengers, liability to passen- ger for rude or insulting language of employee. 1914A-17; 1916C-1233. Innkeeper, liability for insult or indignity to guest. 1918E-255. INSURABLE INTEREST. See Beneficial Associations; Fire Insur- ance; Industrial Insurance; Insur- ance; Life Insurance. INSURANCE. 1. In General. 2. Nature and Incidents of Contract. 3. Application. 4. Construction of Policy. 5. Warranties and Representations. 6. Waiver of Policy Conditions. 7. Breach of Conditions or Warranties. 8. Premiums. 9. Beneficiaries. 10. Actions. 11. Reinsurance. 12. Agents and Brokers. 13. Foreign Companies. 14. Subrogation. 15. Mutual Companies. 16. Animal Insurance. 17. Automobile Insurance. 18. Boiler Insurance. 19. Burglary Insurance. 20. Credit Insurance. 21. Cyclone or Tornado Insurance. 22. Employers' Liability Insurance. 23. Endowment Insurance. 24. Fidelity and Guaranty Insurance. 25. Hail Insurance. INSURANCE Continued. 26. Health Insurance. 27. Industrial Insurance. 28. Plate Glass Insurance. 29. Title Insurance. See Accident Insurance; Beneficial Asso- ciations; Fire Insurance; Life Insur- ance; Marine Insurance. 1. In General. Alien enemies, war as affecting contracts of insurance with. 1917C-200. Assignment of policy by parol, validity. 5-410. Attorney's lien on policy in his posses- sion connected with litigation. 1917D-149. Bond by insurance company to protect policy holders, judgment against principal as evidence against surety. 1915D-410. Change from assessment to level premium plan, right of insurance company. 4-361. Creditor's bill to reach interest under policy. 1914B-959. Discrimination, agreement discriminating in favor of insured as against other policy-holders. 18-759; 1918D-504. Double insurance, insurance effected by carrier and by owner of goods as con- stituting. 11-960. False pretenses as constituted by fraud on insurer. 1917B-1235. "Insurance company," what is. 191 2D- 1026; 1916C-1022. Libel and slander, communications be- tween company and agent as privi- leged. 1913C-616. Lottery ticket, validity of insurance policy on. 15-541. Refusal or failure of insurance company to pay loss, constitutionality of stat- utes providing damages or penalty. 5-405; 14-301. Regulation of companies delegated to offi- cer or board, validity of statute. 1918E-479. Statutes relating to insurance, effect of partial invalidity. 1916D-61. Trade or commerce, insurance company as engaged in. 1913B-979. INSURANCE. 459 INSURANCE Continued. insurance business as "trade." 1916A- 1200. Workmen's compensation, allowance as af- fected b^ receipt of insurance or other benefits. 1918B-635. 2. Nature and Incidents of Contract. Advertisements, illustration or the like, as part of insurance contract. 1918E 889. Burial contract as insurance contract. 1916C-1016. Consummation of contract of insurance, when arises. 9-220; 21-796; 1916B- 676; 1917D-289. "Contract of insurance," what is. 1912D- 1027; 1916C-1022. Frauds, statute of, insurance contract de- pendent upon contingency for per- formance within year as within stat- ute. 4-176. Law governing insurance contract. 19- 30; 1913B-925; 1918D-1159; 1918E- 602. Oral contract of insurance, validity. 6- 624; 7-1139. 3. Application. Copy of application to be attached to or delivered with insurance policy, stat- utes requiring. 14-1094. "Escrow" as applicable to application for insurance. 1916B-1032. Misstatement of name in application as avoiding policy. 1916D-1297. Variance, application or policy as gov- erning in case of. 11-708. 4. Construction of Policy. "Adjacent," meaning of term in policy. 1913B-169. "Adjoining," meaning of term as used in policy of insurance. 1913D-846. "Collision," meaning of term in insurance policy. 1914B-848. "Concurrent," construction of term in policy. 5-755. Conditions or stipulations on back of policy as forming part. 1912B-764. INSURANCE Continued. Divisibility of insurance contracts. 2-22; 11-805; 1912C-989. Eule that doubtful terms must be con- strued favorably to insured as ap- plicable to standard policy. 1913E 287. "Security," insurance policy as "security." 1914D-624. Written matter in policy as controlling printed matter. 1813E-964. 5. Warranties and Representations. Distinction between warranty and repre- sentation. 4-255. Infant's representations or warranties in contract of insurance, binding effect. 16-271. Statement in application designated as warranty, effect on statement. 15- 621. 6. Waiver of Policy Conditions. Denial of liability on policy on one ground as waiver of other grounds of defense. 20-438. .Failure of insurer to inquire into exist- ing facts as waiver of conditions in policy. 2-285; 9-994; 1917B-500. "Knowledge by insurer of existing facts as waiver of condition in policy. 2-280; 18-686. Limitations on agent's authority to waive conditions in policy, effect. 2-112; 9-380; 1914A-590. 7. Breach of Conditions or Warranties. Immaterial false warranty, validity of statute providing that insurance con- tract shall not be avoided for. 7- 1107. Increase of risk, knowledge or control by owner of insured property of act constituting increase of risk, neces- sity of. 7-388; 10-1038. Occupation of insured, what constitutes breach of condition in policy relating to. 7-568; 1916B-739. Previqus application for insurance, breach of warranty that insured has not made. 7-676; 18-101. 460 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918K INSURANCE Continued. Silence or failure to act by insurer hav- ing notice of breach of condition in policy as waiver of forfeiture or breach. 8-500. 8. Premiums. Acceptance of note for premium, effect. 1-967. Forfeiture of policy for nonpayment of premium when, insurer is indebted to insured. 17-506. 9. Beneficiaries. Divorce as affecting rights of beneficiary in insurance. 2-351; 1913D-685. "Family," persons included in term when used to designate beneficiaries in in- surance policy or benefit certificate. 7-684; 11-570; 1917C-694. "Heirs," meaning of term when used in insurance policy to designate bene- ficiaries. 5458. Inducing change of beneficiary in policy, liability for. 1917A-473. "Legal representatives," meaning of term as used to designate beneficiaries. 21-1271. 10. Actions. Arbitration and award, failure to secure award after submission as affecting right of insured to sue on policy. 8-302; 20-253. submission to arbitration as condition precedent to suit on insurance con- tract containing stipulation therefor. 8-171; 9-83; 1915D-331. Dying declaration, admissibility in action on insurance policy. 6-70. Election to avoid contract for breach of warranty, necessity of pleading, as defense to suit on insurance policy. 14-91. Frauds, statute of, right of insurance company to raise objection that con- tract under which insured acquired property was within statute of frauds. 21-1390. Inconsistent defenses in action growing out of contract. 1917C-717. Limitation of action, clause in policy limiting time to bring suit as affected by minority of insured. 20-1291. INSURANCE Continued. Ultra vires as defense to action on policy. 4-1046. 11. Reinsurance. Action on policy against reinsurer, right of policy-holder to bring. 1914A- 1144; 1915D-978. Limitation clause, effect, after reinsur- ance, upon rights of insured as to suit on policy. 7-37. Recovery from reinsurer, payment of loss by reinsured as prerequisite. 14-951. 12. Agents and Brokers. Agent procuring policy from company other than one he represents as agent of insurer or insured. 20-1232. Cancellation of policy, right of insurance company to recover from agent or subagent unearned premium. 1916A- 1131. Collection of premium, liability of agent to company for failure. 1916D-65I. Commissions on renewal premiums, right of insurance agent after termination of agency. 7-1169; 1912A-529. Delegation of authority by insurance agent. 1915D-12. Failure of agent to procure insurance, liability to owner of property. 1918B-1037. Imputability of agent's knowledge, who is agent of insurance company so as to make his knowledge imputable to company. 1913A-849. Insolvent company, liability of insurance agent to insurer for placing insur- ance therein. 1912B-41. Licensing insurance agent or broker, va- lidity of statute. 1914B-266. Limitations on authority of agent to waive conditions in policy, effect of. 2-112; 9-380; 1914A-590. Policy on property of corporation of which insurance agent is stockholder, validity of policy. 1916D-1275. Reduction or cancellation of policy as di- rected, liability of agent to company, for failure. 1918C-1043. Violation of instruction in issuing policy, liability of agent to company. 1917B-493. INSURANCE. 461 INSURANCE Continued. 13. Foreign Companies. Court interference with internal affairs of foreign corporation. 19-90. Noncomplying foreign insurance company, right to enforce domestic contract. 9-338. Service of process on agent of foreign corporation, insurance agent as agent within statute. 19-203; 1914D- 988. INSURANCE Continued. 18. Boiler Insurance. Boiler insurance. 1915A-651. 19. Burglary Insurance. Burglary insurance. 1913A-1176. 20. Credit Insurance. Credit insurance. 1915A-654; 1917D-75. 14. Subrogation. Enforcement by insurance company by suit in its own name, right of. 1- 885; 18-710; 1918A-834. Mortgages, subrogation of insurer to rights of mortgagee. 1917B-1135. Release by insured of person causing loss as affecting right of insurer to sub- rogation. 1917A-1298, 1308. 15. Mutual Companies. Anticipated or future losses, validity of assessment on policy to pay. 1914C 802. Assets and surplus of mutual company, distribution upon dissolution. 7 412. Cash premium, validity and construction of policy issued for. 1916B-84. Forfeiture or suspension of policy on fail- ure to pay dues, effect of provision in mutual insurance contract. 11- 340. Setoff against receiver of mutual insur- ance company. 1916D-600. 16. Animal Insurance. Animal insurance companies or associa- tions. 1915A-614; 1917D-45. Livestock, fire policy on stock in desig- nated locality as covering animals temporarily elsewhere. 15-661. 17. Automobile Insurance. Automobile insurance. 1915A-627; 1916 A- 1128; 1917D-53; 1918B-1043; 1918D- 540. liability of automobile owner, insurance against. 1915A-634; 1917D-61. 21. Cyclone or Tornado Insurance. Cyclone or tornado insurance, storm con- templated by policy. 1913A-272. 22. Employers' Liability Insurance. Binding slip or receipt, effect as insur- ance contract. 1918C-375. Costs, counsel fees, etc., incurred by in- sured in defending suit, right to re- cover from insurer where latter fails to defend. 1913E-111. Estoppel of company to deny liability under contract. 1912D-909. Insurance of employer against liability to employees as inuring to benefit of latter. 1912C-155. Jury's right to consider fact that em- ployer is insured against accidents to employees. 3-554; 9-323; 1913G- 359. Negligence, action against defendant other than master, admissibility of evidence, or propriety of comment, on fact that he is insured against lia- bility. 1914A-948. Notice of accident, construction and ef- fect of condition in policy requiring insured to give insurer notice. 11- 258; 1914A-271. Settlement, validity and construction of provision in insurance contract giving insurer control. 1918C-405. Time to bring action, validity and con- struction of stipulation in policy limiting. 9-164. 23. Endowment Insurance. Endowment insurance, validity of con- tract. 1915C-948. 462 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INSURANCE Continued. 24. Fidelity and Guaranty Insurance. Act or default of employee covered by fidelity bond or insurance. 1917C 420. False representations of insured, effect on validity of policy. 8-608; 1915D- 732. Interest on judgment against insured, liability of insurer on indemnity policy. 1914D-1097; 1917D-866. Limitation of liability to losses within certain period, validity and construc- tion of provision in indemnity or fidelity policy. 1914C-1210. Malpractice of physician, indemnity in- surance against liability. 1916E- 1159. Premium paid for fidelity insurance, re- covery of. 1916C-1222. Surety on fidelity bond, discharge by failure of employer to notify surety of delinquency of employee. 11- 1031;~i912D-826. 25. Hail Insurance. Hail insurance. 1915A-674; 1917D-81. 26. Health Insurance. "Confined to house" or similar phrase, meaning of term in policy. 18-1111; 1915A-262; 1918C-531. Notice of illness to be given within specified time, validity of provision in policy requiring. 15-218. Standard policy, construction of statute requiring. 1916D-670. 27. Industrial Insurance. Industrial insurance. 1918B-1186. 28. Plate Glass Insurance. Plate glass 1915B-191. insurance. 1912A-1091; 29. Title Insurance. Title insurance. 1914D-637. INSURRECTION. Civil or criminal liability of soldier or militiaman for injury to person or property as affected by existence of insurrection. 1917C-15. Suppression by enforcement of martial law. 1914C-56. INTEMPERANCE. Competency of witness to testify that person is or was temperate or in- temperate. 13-253. INTENDING PASSENGER. When actually becomes passenger. 1- 605. INTENT. See Intention. Banks, misapplication of national bank ^unds, intent as element of offense. 21-888. receiving deposit in insolvent bank, in- tent as element of offense. 1917B- 1081. Bribery, proof of other crimes to show motive in prosecution for bribery. 15-196. Burglary, felonious intent as element. 1913C-517. Disturbing public meeting, intent as ele- ment of offense. 1914B-741. Druggist, intent in making sale of liquor as affecting legality of sale. 1912D-1345. False imprisonment, intent as affecting civil liability of judicial officer. 1914C-1168. Fires, set.ting fire with intent to defraud insurance company as essential ele- ment of crime. 1913C-1167. Homicide, presumption of intent to kill from use of deadly weapon in manner not usually employed. 1912A-107. Larceny of lost property, intent of finder as rendering possession larceny. 20- 1381. Pleading and proving in prosecution under statute not making intent ele- ment of offense, necessity. 1914D- 181. INTENTION INTEREST. 463 INTENT Continued. Postoffice, use of mails with intent to defraud, evidence of. 18-1047. Kobbery, intent to steal as element of crime. 21-1138. Uncontradicted testimony as to intent, weight of. 4-987; 12-246. INTENTION. Abandonment of railroad right of way as shown by intent. 11-769. Bills and notes, renewal note as dis- charge of original note, circumstances evincing intention. 1915A-1087, 1094. Contracts, intention of parties to instru- ment not reduced to writing as ques- tion for jury. 1913C-1310. Criminal intention. See Intent. Deeds, repugnancy between grant in deed and subsequent clause as affected by intent of parties. 1913B-416. Elections, intention in voting, admissi- bility of testimony of voter. 1912A- 296. marks on ballot as evidencing intention of voter. 1918A-1132, 1160, 1165. Evidence, direct testimony by party to ac- tion as to his intention, admissibility. 12-4; 1912D-1043. Oral promise as original or collateral as determinable by intention of parties. 1914A-490. Partnership, intent as essential to creation. 1916E-440, 444, 449. Penalty or liquidated damages, intent of parties as governing forfeiture for breach of contract. 1912C-1021. Pledge or chattel mortgage as determined by intent of parties. 1912B-964. Powers, execution in case of general de- vise or bequest, necessity of intention therefor appearing or being presumed. 16-203. Seals, instrument with seal affixed but con- taining no recital respecting sealing, intention of parties as determining whether sealed instrument. 19-675. Special deposit in bank as determinable by express or implied intention. 1913E- 45. Wills, evidence of testator's intention, ad- missibility of scrivener's testimony to show. 1913A-1017. ' INTENTION Continued. gift of "real estate," "land," etc., as in- cluding leasehold, intention of tes- tator as governing. 20-1089. passing of after-acquired realty by will, intention of testator. 18-171. written instrument not testamentary but intended to take effect on death of maker, extrinsic evidence as admissi- ble to show intention. 12-257 ; 1914A- 89. INTENTIONAL ACT. Accident insurance, construction of policy provision relating to injury resulting from "intentional act" of insured or another. 1914C-1236. INTENTIONAL EXER- TION. Accident insurance, intentional exertion as accidental means of injury within, policy. 1-789; 1917A-88. INTEREST, 1. In General. 2. Right to Recover. 3. Computation and Rate. See Usury. 1. In General. Alien enemies, suspension of interest on debt between. 1917C-199. Amount in controversy, inclusion of inter- est accruing after suit is brought in determining amount. 13-396; 1914C- 530. Contract provision for interest other than provision fixing usurious rate, validity, 1918E-747. Discrimination as to interest between dif- ferent classes of contracts, validity of statutes providing. 7-478. Interest on overdue interest as usury. 13- 151. Lien for interest, vendee's lien for pur- chase money on uncompleted contract as authorizing lien *for interest. 8- 960. 464 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. INTEREST Continued. I/imitation of actions, interest coupons of other than municipal bonds, running of statute against. 1912A-733. payment of interest as affecting running of statute. 4-634. Municipal bonds, interest as factor in de- termining whether municipality has ex- ceeded constitutional debt limit. 17- 1243; 1918B-598. Pleading, necessity of claiming interest. 1912A-1223. Receiver's certificates, issuance to pay bond interest. 1913C^8. Suretyship, payment of interest in con- sideration of extension of time as dis- charging surety. 5-442. Verdict of jury, power of court to add in- terest. 10-753, "Without interest," construction of clause in promissory note. 1914C-243. 2. Eight to Recover. Advancements, when chargeable in dis- tributing intestate estate. 1912A- 955; 1918E-212. Annuities, interest on arrearages. 10-339. Attorney's fees, interest on. 1916E-249. Bail bond, allowance of interest on for- feited bond. 1916C-114. Bids, deposit made with bid, right to in- terest on deposit returned to bidder. 1916C-433. Damages, conversion of property or in- jury thereto, allowance of interest upon damages. 1-763; 18-610. ejectment, interest on rental value of premises during detention, right of plaintiff to recover as damages. 16- 853. killing animal or livestock, interest on value as element of damages. 5417; 13-1142. personal injuries, right of jury to allow interest on damages. 1913B-207; 1914D-996. vessel owner's liability, right to interest allowance on damages in proceedings to limit liability. 1913D-1236. Deposit in court, right to recover interest on. 1912B-1005. Eminent domain proceedings, right to in- terest as part of compensation. 15-. 108. INTEREST Continued. Fund in litigation or deposited in court, right to recover interest. 1912B-1004. Indemnity insurance, liability of insurer for interest on judgment. 1914D 1097; 1917D-866. Judgments, modification of judgment on appeal as affecting right to interest. 1917C-413. Money paid by mistake, right to recover interest. 10-307; 1913B-1259. received to use of another, liability to interest on detention. 1916A-115. Partnership, partner as entitled to interest on capital or other funds due him from firm. 1913A-173. surviving partner, liability for interest on share of deceased partner. 4-180; 1916B-873. Public funds, depositary's liability for pay- ment of interest. 1916B-1244. liability of public officer for interest re- ceived on public funds. 8-391; 1912C-1137; 1918E-105. Public utility, compensation payable by municipality on purchase as including interest. 1915B-1176. Receivers, liability for interest for use or loan of receivership funds. 5-208. Salary of officer of municipality or quasi- municipality, right to recover interest on overdue salary. 1914D-408. Special liability created by statute without provision for interest, right to recover interest in action under statute. 1913B-855. State's liability for interest. 1914A-361. Surety's liability for interest when effect is to exceed penalty of bond. 1914C 1194. Taxes, collection of interest on. 16-471. interest accruing during contest of validity of tax, liability for. 5-649. Vendor and purchaser, delay in completing contract for sale of land, liability of purchaser in possession for interest. 8-935. Waiver, implied interest as recoverable af- ter payment of principal. 1913E-582. 1917C-1065. payment and acceptance of principal sum as constituting waiver of interest due by contract. 1912B-1333; 1917C-1065, INTEKEST IN LAND INTERPLEADER. 465 INTEREST Continued. Warrants, city warrants, interest on. 10- 209; 1916C-576. county warrants, interest on. 3-459. 3. Computation and Rate. Implied contract as to rate of interest. 20-1268. Judgment, variance of execution from judgment, effect as regards collection of interest. 8-169. Legacies, time from which general pecu- niary legacies draw interest in absence of governing provision in will. 6-525; 1912B-244; 1915C-1170. Partial payments, computation in case of. 13-711. INTEREST IN LAND. Meaning of term, "interest," as used with respect to transfer of property. 1912B-524. INTERFERENCE WITH CONTRACT RELATIONS. Civil liability. 2-441; 11-337; 1912B- 1162; 1915D-522. Inducing breach of contract for services of theatrical performer, liability for 1914B-12. INTERLINEATIONS. Wills, interlineation or alteration in will made by testator. 1915C-74. Written instrument, admissibility of parol evidence to explain interlineations be- fore execution. 1913C 344. INTERMENT. See Burial. INTERNAL IMPROVE- MENT. Constitutional prohibition against state en- gaging in work. 6-307. INTERNAL INJURY. Inadequacy of verdict. 1916B-424. Index to Notes 30 INTERNAL REVENUE. Bonds, sureties fewer than required num- ber, effect. 9-711. Forfeitures for violation, when take effect. 7-900. Possession of internal revenue stamp as evidence of violation of liquor law. 1918D-778. Eefund by or recovery of tax from United States. 1916A-291, 318, 320. "Require." legal meaning in statute re- lating to stamp duties on bonds. 1912A-1237. Stamp tax on marine insurance policy on exports as tax on articles exported. 1915D-1090. Statutes relating to, effect of partial in- validity. 1916D-89. INTERNATIONAL EXTRADITION. See Extradition. INTERNATIONAL LAW. Action against foreign sovereign or foreign state, jurisdiction of court. 14-575; 1918E-527. Alien enemies, rights and liabilities. 1917C-189, 227, 232. Belligerents, right to requisition goods of neutral. 1916E-245. Contraband of war as including persons. 15-241. Prize, enemy goods shipped before com- mencement of hostilities as subject of maritime prize. 1916B-736. right to bring prize into neutral port. 1917D-448. Seizure of vessels outside territorial juris- diction for violation of municipal law. 3-811. INTERNMENT. Person of hostile origin or association. 1917D-409. Status of internal alien enemy. 1917C- 193. INTERPLEADER. Necessity that bill or complaint show that alleged claim has reasonable basis on which to rest. 1913C-1196. 466 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INTERPLEADER Continued. Privity of title between claimants in inter- pleader. 1-513. Sheriff or other officer's right to file bill of interpleader to determine conflicting claims to proceeds of judgment. 1913B-231. INTERPRETATION CLAUSE. Construction of interpretation clause in statute. 1914B-186. INTERPRETERS. Competency of interpreter as witness as affected by relationship to party. 1913D-286. Cross-examination of interpreter. 1913B- 264. Examination of witnesses through inter- preter, proper method. 1912B-726. Translation of confession by interpreter as admissible in evidence. 1912B-301. INTERROGATORIES TO JURY. Answer by jury to interrogatory, suffi- ciency and construction "We don't know," or similar phrase. 1916B-283. Submission of special interrogatories to jury, common-law power and duty of court. 15-469. INTERRUPTION OF EMPLOYMENT. Accident during temporary interruption as arising out of employment within Workmen's Compensation Act. 1917C- 09. INTERSTATE COMMERCE. 1. Wliat Constitutes. 2. State Regulation. 3. Federal Regulation. 4. Jurisdiction of Courts. INTERSTATE COMMERCE Continued. 1. What Constitutes. Correspondence school, carrying on, as con- stituting interstate commerce. 14- 967; 18-1109. Credit reports, furnishing as constituting interstate commerce. 1912B-339. Ferries between states. 16-865. Foreign corporations, transaction partak- ing of interstate commerce as doing business in state by foreign corpora- tion. 1913E-1154. Futures, contract for buying and selling as subject of interstate commerce. 14-1034. Insurance company as engaged in inter- state commerce. 1913B-981. Restraint of trade, contracts as within in- terstate commerce clause. 2-956. Transportation by independent railroad operating entirely within single state, of freight shipped from or to points without state, as interstate commerce. 13-905. 2. State Regulation. In General. Attachment or garnishment of cars en- gaged in interstate commerce. 2-350. Child labor, exclusion of goods produced by child labor, validity of statute. 1918E-730. Cigarettes, right of state to prohibit im- portation. 9-360. Convict labor, validity of statute requiring goods made by convicts to be so marked. 1913B-817. Game, prohibition against importation as interference with interstate commerce. 2-229. Inspection of importations, state statute re- quiring preliminary inspection as at- tempted regulation of interstate com- merce. 14-1103. Intoxicating liquors, state regulation of transportation. 1917A-622, 637. when imported liquors become subject to state regulation under Wilson Act. 7- 1132; 20-669. Labor upon material to be used in muni- cipal improvements, state regulation as interference with commerce clause. 3-309. INTERSTATE COMMERCE. INTERSTATE COMMERCE Continued. INTERSTATE COMMERCE Continued. Original package, burden of proof of sale in original package in prosecution for illegal sale of liquor. 1913C-638. what constitutes "original package" as applied to interstate shipments. 12 1116; 1912C-678. Railroads, connecting carriers, state stat- utes prescribing duty or liability aa regulation. 1-707; 2-517; 9-812. fires, statute making railroad absolutely liable for damages by fire as inter- ference with interstate commerce. 16- 944. lights at crossings, law requiring main- tenance as interference with interstate commerce. 1912D-407. rate regulation of freight or passenger traffic fixed by statute as interference with interstate commerce. 14-616; 21-192. state regulation of railroads as inter- ference with interstate commerce. 7- 5; 13-147; 1917A-973. Rates for public service corporations, stat- ute vesting commission with power to fix as interference with interstate com- merce. 1917C-62. Removal of causes, statutory provision against foreign corporation removing action against it to federal court as interference with interstate commerce. 1912C-1160. Separation of races, statute requiring sep- aration as applicable to interstate pas- sengers. 20-984; 1915B-617. Shipment of goods out of state for pack- ing or other preparation for sale, validity of statute prohibiting. 1913D-1173. Soliciting orders for intoxicating liquors by nonresident, state regulation as in- terference with interstate commerce. 10-736. Telegraph companies, damages for mental anguish, statute permitting recovery from telegraph company as interfer- ence with interstate commerce. 1913C-868. federal assumption of control of tele- graph companies as affecting state statute or rule. 1918C-1033. penalizing negligent handling of tele- grams, state statute as regulation of interstate commerce. 2-513; 21-819; 4918C-1039. Ticket brokerage statutes as interfering with interstate commerce. 6-873. Workmen's Compensation Act as applicable to railroad employees engaged in in- terstate commerce. 1914D-663; 1916A- 821; 1916B-280; 1917D-1148. Taxes and License Feet. Automobiles, law imposing license fee for use of state highways as regulation of interstate commerce. 1912D-239. Ferry, taxation by state as regulation of interstate commerce. 1914B-684. Foreign corporation, imposition of license tax or fee on foreign corporation doing interstate business. 3-632; 1918C-812; 1916C-1248. Intoxicating liquor, privilege tax for sale of liquor on vessel engaged in interstate traffic. 3-263. Orders for foreign goods, state taxation of business of taking orders as attempted regulation of interstate commerce. 2 701; 7-591; 14-865; 1916B-496. Property delayed during transit between states, state taxation as taxation of in- terstate commerce. 5-1019. Sales of goods of foreign countries, power of state to discriminate against by taxing sales. 5-880. Telegraph company, tax imposed by stat- ute or ordinance as interference with interstate commerce. 1914A-987. 3. Federal Regulation. Carmack Amendment to Interstate Com- merce Act, constitutionality. 1915B- 81. initial carrier of goods, liability under Carmack Amendment. 1915B-80, 92. livestock carrier, limitation of liability as affected by Carmack Amendment. 1915B-86; 1918E-471. Car supply, unlawful discrimination with respect to car supply, effect of act on right of shipper to damages. 1914B- 52. Discrimination under act, agreement by carrier to expedite shipment, or to transport property of another railroad at reduced ra'te. 1914A-504, 510. prepayment of freight charges required aa discrimination within act. 16-621. 468 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INTERSTATE COMMERCE Continued. INTERVENTION Continued. Free ticket to railroad employees and families, meaning of "family" as used in interstate commerce act authorizing issuance. 1916B-326. Hours of service of employees, reports to interstate commerce commission under federal act. 1915D-466; 1918C-813. Limitation of carrier's liability for injury or loss of goods or baggage as af- fected by Interstate Commerce Act 1912B-672; 1915D-612. Rates, damages on ground of unreasonable freight charges, effect of interstate commerce act upon right of shipper to. 9-1082. injunction against enforcement of un- reasonable freight rate, effect of Inter- state Commerce Act upon right of shipper. 11-849. schedule established by state law as su- perseded by federal act. 1915B-1212. 4. Jurisdiction of Courts. Damages for violation of Interstate Com- merce Act, jurisdiction of action for. 4-473; 1912A-613. Overcharge in interstate shipment of freight, jurisdiction of state court of action to recover. 1913D-272. INTERURBAN RAIL- WAYS. Fellow-servant doctrine abrogated as to railroad employees as applicable. 1912D-651. Passenger, when intending passenger ac- tually becomes such. 9-1104; 1917C 1210. INTERVENING CON- DITION. Act of stranger in attempting to remedy situation caused by negligence of an- other as intervening cause relieving latter from liability for resulting in- jury. 14-395. Proximate cause and intervening condition. 1-230. INTERVENTION. (Administrator of intestate estate, right of state to intervene and contest appoint- ment. 1913C-1035. Appeals, dismissal by appellant as binding on interveners. 2-796. Attachment, right of claimant of at- tached property to intervene. 18-594. Charities, proceeding in interest of public charity, right of state or attorney general to intervene. 1913D-138. Contract creditors, right to intervene in equity. 3-1091. Divorce proceeding, right of third person to intervene. 1913E-429. Escheat, burden of proof on third parties intervening in proceedings. 1913E 384. Federal courts, intervention in. 1913D- 1031. Libel or slander action, right to intervene. 1913B-640. Limitation of actions, commencement of action before bar as inuring in favor of intervenes. 15-664; 1916B-316. Partition proceedings, right of adverse claimant to intervene in action. 0- 82. Quieting title, right of intervenor to jury trial in action. 18-246. Taxpayer, right to intervene and defend in actions affecting his interest as citizen and taxpayer. 1913C-911. INTER VTVOS. See Gifts. INTESTACY. Presumption on showing of death. 21-231. INTIMIDATION. Boycott, intimidation as element render- ing boycott illegal. 1-178. Elections, rejection of entire vote of dis- trict where intimidation affects inde- terminable number of votes. 1918A- 41, 73. INTOXICATED. Meaning of term in accident policy. 516. 13- INTOXICATING LIQUORS. 469 INTOXICATING LIQUORS. 1. In General. 2. Intoxicants. 3. Constitutionality of Laws. 4. Sales. 5. Licenses. 6. Persons Responsible Under Law. 7. Actions and Prosecutions. 8. Contract Eights. 9. Civil Damage Acts. 10. Local Option. 1. In General Accident insurance, meaning of phrase "under the influence of intoxicants" in policy. 13-516. Beneficial associations, use of intoxicants by insured, construction of restriction in benefit insurance contract. 1918A- 623. Charities, gift for abolition of liquor traffic, validity. 1914A-1221. Covenant against sale of liquor as covenant running with land. 14-129. Execution, attachment or replevin, liabil- ity of intoxicating liquors. 17-300. Judge as disqualified to try cases involving liquor laws by prejudice against liquor traffic. 1912A-1203. Jury, tasting or smelling liquor by jury to determine whether intoxicating, propriety of permitting. 16-218. use of liquor by jury as ground for new trial. 10-889; 1912A-1322; 1916A- 939. Libel and slander, charge of buying or selling as actionable per se. 1913C- 316. Prejudice against liquor business in which party to action is engaged as disqual- ifying juror. 20-1313. Search-warrants for liquor, affidavits on information and behalf, sufficiency. 1-653;- 18-817. description of premises, sufficiency. 17- 232. Witness, impeachment of witness by show- ing intoxication at time of events con- cerning which be testifies. 16-368. ' proof of liquor habit to impeach wit- ness. 1918A-639. INTOXICATING LIQUORS Continued. violation of liquor law as "crime" for which witness may be impeached, 1916A-276. 2. Intoxicants. Cider as intoxicating liquor. 1915D-429. Beer, judicial notice as to intoxicating nature. 1914C-874. Beverage intoxicating irrespective of its actual character, constitutionality of statute declaring. 8-52. Drinks as food. 1913E-1293. Jamaica ginger or the like as intoxicating liquor. 1916B-370. Medicinal or toilet preparations contain- ing alcohol as within purview of statute. 13-638; 1917C-909. "Near beer," meaning of term. 1913D-124; 1914C-876. Nonintoxicating liquor as included or ex- cluded under regulation of alcoholic, spirituous, malt or vinous liquor.- 1917A-94. 3. Constitutionality of Laws. Advertising, prohibitory statutes with re- spect to intoxicating liquors. 1916A- 905, 931. Certain persons, validity of statutory reg- ulations as to frequenting saloons by and selling or giving liquors to certain persons. 3-325; 13-491. Conflict of state statute regulating sale of liquor with federal law, necessity for re-enactment of state statute after change in federal law. 19-607. Druggists, validity of statute regulating use and sale of liquor. 10-401. Entrance to place of sale of intoxicating liquors, validity and construction of statute or ordinance regulating. 1916B-1021. Forfeiture or destruction of liquors ille- gally kept, constitutionality of statute providing. 2-245. Giving away intoxicating liquor, constitu- tionality of statute prohibiting. 13- 736. Imported liquors, when become subject to state regulation. 7-1132; 20-669. 470 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INTOXICATING LIQUORS Continued. Indians, sale of liquor to Indians, validity and construction of statutes forbid- ding. 19I2B-1090. state regulation of use of intoxicating liquor. 1914B-653; 1915D-372. Landlord and tenant, fines, taxes, etc., assessed against lessee, validity of statute making property leased for sale of liquors subject to payment. 18-177. License tax, nonintoxicating liquors, va- lidity of statute or ordinance imposing license tax on business of selling. 1914C-841. vessel engaged in interstate commerce, privilege tax imposed for sale of li- quor. 3-263. Local option, constitutionality of laws. 1-378; 7-1164; 14-1001; 1918E-874. Number of saloons in municipality, valid- ity of statute, ordinance or order. 1913E-365. Particular locality, constitutionality of statute prohibiting sale of liquor. 8 258. Passenger conveyance, drinking, or being intoxicated on, validity of statute pro- hibiting. 1913B-1061. Possession for personal use. right to pro- hibit. 19-163; 1916A-285; 1916E-780; 1917E-695. Bace discrimination, validity of liquor statute which makes distinction be- tween races with respect to granting of license or otherwise. 1916E-170. Residents or citizens of state, validity of statute limiting grant of liquor licenses to. 16-1060. Screens, validity of regulating statute or ordinance as to sitting in saloons or use of screens. 5-382. Soliciting orders by nonresidents, state regulation as interference with inter- state commerce. 10-736. State's general power to regulate and pro- hibit traffic in. intoxicating liquors. 2-98. Statute relating to intoxicating liquor, partial invalidity of statute, effect. 1916D-62, 104, 127, 136. validity of law under constitutional pro- vision as to title and subject matter of statutes. 20-323. INTOXICATING LIQUORS Continued. Transportation of liquor, prohibition ter- ritory, validity of statute forbidding bringing liquor into. 14-569; 1916D- 127; 1917A-740. state regulation of transportation. 3917A-622, 637; 1918B-278; 1918D- 887. Webb-Kenyon law, validity and construc- tion. 1915D-1171; 1917B-852. 4. Sales. "Carrying on business," meaning of term as used in statute relating to sale of liquor. 18-33. Church, meaning of term in statutes pro- hibiting sale of liquor within specified distance of church. 9-1113; 1914D- 774. Dealer in intoxicating liquor, what con- stitutes. 1917A-955. Druggist's sale, legality as affected by ele- ment of intent or good faith. 1912D- 1345. Election day, constitutional or statutory provision regulating sale of liquor as applicable to primary election. 16- 252. Hotels, sale on Sunday in hotels to "guests," "travelers," "with meals." etc., under statutes permitting. 17- 817. what is "hotel" within statute regulating sale of liquor. 1913B-1030. Indians, construction of statute forbidding sale of liquor to. 1912B-1090. Knowledge of seller that liquor will be illegally resold as affecting validity of sale by him. 3-154; 15-269; 1918B-978. Loan of intoxicating liquors as sale within purview of prohibitory statute. 14- 276; 1913A-471. Minors, furnishing liquor to minors, stat- utory prohibition as applicable to giving liquors. 4-1063. ignorance of minority as affecting pros- ecution for furnishing liquor to minor. 18-437. purchase by minor for another, liability for sale of liquor to minor. 6-867; 21-187. sale to minors for medicinal purposes. 3-840. INTOXICATING LIQUORS. 471 INTOXICATING LIQUORS Continued. Nuisance, sale of intoxicating liquor as public nuisance per se. 14-36. Place of sale of liquors shipped C. O. D. 13-828; 1912D-983. "Premises," what is included in term in statute regulating liquor sales. 1916C-1193. Prescription of physician, construction of statute regulating sale of intoxicating liquor on. 1918E-915. Recovery of price of liquors sold illegally within state. 7-360. "Require," legal meaning of term in stat- ute relating to prevention of fraud in sale of wine. 1912A-1237. "School" or "schoolhouse," meaning of term within statute prohibiting sale of liquor within certain distance thereof. 16-924. "near" school, meaning as applied to liquor sales. 1913D-124. Social club distributing liquor to members as "dealer" within statute regulating liquor traffic. 10-388; 1912A-1089. Solicitation of orders in prohibition terri- tory, what constitutes. 1915D-736. Sunday liquor law, delivery on Sunday of liquor bought previously as violation. 1914A-639. Trade, business of selling liquor as trade. 1916A-1200. wine merchant es engaged in trade. 1916A-1201. Wholesale and retail sales of liquor, dis- tinction between. 18-187. 5. Licenses. Assignment or transfer of liquor license, right of. 1913A-461. Collection of liquor license by suit. 12- 173. Consent to issuance of license, abutting owners. 1-60. infant, power to consent. 1916C-497. "owner," who is under statute providing for consent or remonstrance. 16-1229. Corporation, right to license for sale of liquors. 17-1001. Death of licensee, effect on rights under liquor license. 1915B-524. Failure of license without fault of licensee, right to recover fee paid. 17-187. INTOXICATING LIQUORS Continued. Freeholder, person who becomes qualified freeholder for sole purpose of petition- ing for or consenting to issuance of liquor license as bona fide freeholder within statute. 16-276. who is freeholder as applied to petitioner on surety under liquor law. 1913D- 334. Judgment against principal as evidence against surety on liquor dealer's bond. 9-158; 1915D^109. Mandamus to control issuance of liquor license. 1918A-687. "Owner" who is under statute providing for consent or remonstrance of prop- erty owners to issuance of liquor license. 10-1229. Partnership, rights of parties under liquor license. 10-910; 1913A-847. Persons not described in prohibition against certain persons from engaging in liquor business as entitled to li- cense. 1913I>-633.' Places of business, right of single license holder to conduct more than one place of business. 3-1109. Prohibition against council or executive officer of municipal corporation, issu- ance to prevent issuance of liquor license. 20-962. Quo warranto to test right to sell intox- icating liquor under license, propriety of. 18-526. Eevocation of license, damages for wrong- ful revocation, right of licensee. 14- 674. judicial review of revocation, right to and effect. 1917A-1024. 6. Persons Responsible Under Law. Agent or messenger for purchaser, liability of person so acting for violation of liquor law. 1912C-633; 1917E-600. personal liability of liquor dealer's agent for violation of law. 19-582. Corporation, criminal liability for violation of liquor law. 1916C-465, 476. Criminal acts of intoxicated person, liability of one who sells liquor to him. 1913A-511. Master and servant, criminal liability of master for violation of liquor law by servant. 13-708. 472 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, INTOXICATING LIQUORS Continued. illegal sale by servant of licensee against instructions, liability of licensee. 13- 324; 1912A-1109; 1915B-380. personal liability of servant of liquor dealer for violation of liquor law. 19- 582. Partnership, illegal sale by partner, liability of copartner. 8-276. Social club distributing to members, ap- plication of statute regulating liquor traffic. 10-386, 1912A-1088; 1915B- 1064; 1916D-940. 7. Actions and Prosecutions. Defenses, ignorance of character of liquors gold as defense to prosecution for illegal sale. 12-472. impossibility of securing license as de- fense to prosecution for selling liquor without license. 18-95. inducement to violate liquor law with view to prosecution as constituting de- fense. 17-296; 1916C-732. inquiry into validity of license produced by defendant in prosecution for sale of liquors without license. 12-714. wrongful refusal of license as defense to prosecution for sale of liquor with- out license. 17-60. Election between several acts proven as violations of liquor law, right of ac- cused to compel prosecution. 20-1070. Evidence, local option law, burden of proof of adoption in prosecution for illegal sale. 1913C-627. nonintoxicating character of liquors as defense, burden of proof. 1913C-639. other offenses, proof in prosecution for violation of liquor law. 18-846. ^-possession of federal license as evidence of violation of liquor law. 1918D- 775, 792. record of sales of liquor kept by drug- gist, right to use as evidence against him. 20-1182. right to sell, burden of proof, in prosecu- tion for illegal sale. 1913C-626. Indictment or information, form of indict- ment for illegal sale, construction of statute prescribing form. 1918C-560. intoxicating quality of liquor, necessity of alleging and proving in prosecution for illegal sale. 13-117. INTOXICATING LIQUOKS Continued. 'local option law, necessity that indict- ment for violation, should allege adop- tion, etc., of law. 10-1012. name of purchaser, necessity of al- leging in prosecution for unlawful sale of liquor. 4-98; 13-128. price or consideration, necessity of al- leging in prosecution for unlawful sale of liquor. 19-693. Injunction against liquor nuisance, proper territorial scope. 1915C-1129. Penalties, action for penalty for violation of liquor statute. 1916E-868, 877. Private citizen, right to maintain action to enforce liquor law. 15-1015. Ees judicata, judgment in criminal pro- ceeding as res judicata in civil or penal action under liquor law. 6-496; 21-1187. Sentence and punishment, cruel and un- usual punishment for violation of liquor law. 19-730; 1918B-401. joint or several judgment and sentence in case of two or more defendants jointly convicted of illegal sale of liquor. 1913C-77. 8. Contract Eights. Insurance, validity of policy on intoxicat- ing liquors illegally kept. 15-541. Landord and tenant, knowledge of land- lord that premises are to be used for illegal sale of liquor as affecting his right to rent. 1918C-442. lease for saloon purposes, rights of land- lord and tenant inter se where tenant is subsequently unable to use premises for that purpose. 15-1103; 1913E- 263; 1916B-1026; 1918D-1145. use of leased premises for illegal sale of liquor as forfeiting tenant's rights un- der lease. 1913C-1354. Partnership, rights of partners under liquor license. 10-910; 1913A-847. Sale of liquors, validity where seller knows same will be illegally resold. 3- 154; 15-269; 1918B-978. 9. Civil Damage Acts. Death by intoxication, damages for. 1- 134; 1917B-530. Excessive verdict, what is in action for death under Civil Damage Act. 18- 1238; 1915C-160. INTOXICATION INVOICE VALUE. 473 INTOXICATING LIQUORS Continued. Furnishing liquor as proximate cause of injury under act. 3-59; S-1130; 13- 200. Joinder of defendants in action under Civil Damage Act. 14-1057. Juror as disqualified by prejudice as to business of party to action. 20-1314. Several persons contributing to intoxica- tion, liability under Civil Damage Act. 21-394. 10. Local Option. Adoption of local option law, burden of proof in prosecution for illegal sale of liquor. 1913C-627. Change in law as affecting locality which has adopted local option. 21-663. Constitutionality of local ootion laws. 1-373; 14-1001; 1918E-874. Elections under local option law, judicial notice. 18-191; 1915C-333. Territory affected by adoption of law. 21-1015; 1917C-512. INTOXICATION. See Drunkenness. INTRASTATE COMMERCE. Bailroad employee engaged in as within purview of Workmen's Compensation Act. 1918B-664. INVENTIONS. See Patents, INVENTORY. Decedent's estate, right to appeal from order relating to inventory. 1913C- 860. Fire insurance, making and preserving inventory, necessity under iron-safe clause of policy. 9-468; 14-1079; 1913C-1223; 191SE-394. INVERSE ORDER OF ALIENATION. See Marshaling Assets. INVESTIGATING COM- MITTEES. Appointment of committee to sit after adjournment of session, power of legislature. 11-649; 1916B-1147. Contempt, power of legislative committae to punish witness. 7-877; 1916B- 1117. Elections, power of committee with re- spect to investigation. 1916B-1057. General powers and privileges of commit- tee. 1916B-1055. Slander by witness testifying before legis- lative committee, privilege from lia- bility. 1916B-1114. INVESTMENTS. Attorney's liability to client for negli- gence in investing funds. 1917B-21. Blue sky law, validity and construction. 1916A-706. Fiduciary funds, right to invest in private corporate stock. 16-69. right of fiduciary to invest beyond jurisdiction of appointing court. 14- 834. Inducement presented for investment as scheme to defraud within postal laws. 1914D-1245. Trust funds deposited in bank, personal liability of trustee for loss. 1915C- 51. instruction of trustee by court as to investment. 1912A-637. * trust company's liability for loss. 1914A-1027. INVITEES. Licensees and invitees, distinction be- tween. 1913C-570. Owner of premises, duty to invitee who temporarily follows purpose of his own. 17-591. Wharves, docks or piers, duty to invitees. 1916C-141. INVOICE VALUE. Meaning of "invoice value," "invoice cost," "invoice price." 1918E-541. 474 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. INVOLUNTARY SERVITUDE. See Peonage. IRON BAR. Deadly -weapon, iron bar as. 1912-A- 1332. IRON-SATE CLAUSE. See Fire Insurance. IRON WEIGHT. Deadly weapon, when. 1912A-1333. IRREGULARITIES. Divorce, continuance of case for correc- tion of irregularity. 1914B-361. Elections, effect on ballots cast of official irregularity in election. 12-722; 1912A-171; 1915 A-l 008. irregularity affecting indeterminable number of votes, rejection of entire vote of election district. 1918A-41. Judicial sales, irregularity as ground for setting aside. 1914D-7, 21. Process, appeal, effect on irregularities in service of process in court below. 1912D-411. collateral attack, irregularities in ser- vice of process as affecting court's jurisdiction. 1-923. IRRESISTIBLE IMPULSE. Defense to criminal charge, irresistible or uncontrollable impulse as defense. 1912A-36; 1917C-609. Kleptomania as within rule. 1914A-886. IRRIGATION. 1. In General. 2. Irrigation Companies and Districts. 1. In General. Damages arising from construction of ditch, liability of owner. 13-267; - 1916D-9S1. Destruction of irrigation ditch, liability of third person to landlord. 1912D- 124. IRRIGATION Continued. "Inch" in water measurement, meaning. 1916B-1230. Interference with use of water, right of action. 21-619. Obstruction of or injury to ditch, right of water user to damages. 1913E- 106. Public use or benefit, irrigation as. 1- 304; 4-1174; 14-905. Eiparian owner, right to use water for irrigation. 17-829. Rotation in use of water, doctrine of. 1914A-322. School or other public lands, power of legislature to authorize appropriation for irrigation purposes. 1914B-338. Statutes, effect of partial invalidity. 1916D-49. Storage of water for purpose of irriga- tion. 1916A-423. United States, power to condemn land for irrigation purposes. 1918E-48. Vendor and purchaser, land owner's obli- gations to third person under irriga- tion contract as imposing liability on purchaser. 1913B-528. 2. Irrigation Companies and Districts. Advance charges for service, right of irri- gation company to require payment. 1914D-119. Failure of company to supply water in accordance with contract, what con- stitutes excuse. 1912C-1031. "Freeholder" qualified to petition for or- ganization of district, who is. 1913D- 335. Lands which may be included in irriga- tion district. 1916A-1222. Priority of right to use water of irriga- tion company. 1913D-625. Rates of irrigation company, power of court to fix or regulate. 16-799. Rules or regulations of company, validity. 1912D-137. Torts, liability of irrigation district for torts. 15-908. ISLANDS-JEOPARDY. 475 ISLANDS. Accretions, apportionment between island and mainland proprietors. 1914A-4S1; 191SE-1000. Biparian ownership of bed of river, doc- trine as extended to islands. 1913 A- 782. ISSUE. Adopted child, designation of issue in will or deed as covering. 18-521; 1912A-327. statutes, term "issue" as including adopted child. 1912-A-326. Breeding animal, guaranty of offspring. 1916A-576. ownership of issue. 1916A-584. Illegitimates, "issue" and "lawful issue" as regards illegitimates. 5-936. Possibility of issue from legal stand- point. 1914B-870. Presumption as to existence. 1915C- 1061, 1067, 1070. Will as revoked by birth of issue. 1913D-1318. ISSUED. Life insurance policy, when is issued. 1914B-906. ISSUES, PROOF AND VARIANCE. See Pleading. New trial granted by appellate court, right to limit issues to be tried by jury. 7-116j 1912D-593. ISTHMIAN CANAL. Workmen's Compensation Act as applica- ble to employment in connection with Isthmian canal. 1917D-16. ITINERANT PRACTI- TIONER. Statutory regulation of itinerant physi- cians or venders of drugs. 10-401; 1913D-1242. JAILS. See Prisons and Prisoners; Reformatories. Eminent domain, taking land for jail as public use. 14-906. False imprisonment, or malicious prose- cution, right of plaintiff to show conditioin of jail where he was con- fined and his treatment therein. 19- 614. Nuisance, when jail constitutes. 1913E- 860. Unsafe or unhealthy condition, liability of municipal corporation. 4-516; 12-797; 1913B-1280; 1915D-153. JAMAICA GINGER. Intoxicating liquor, when cqnstitutes. 1916B-370. JANITORS. Independent contractor, janitor as. 1918C-656. Workmen's Compensation Act as applica- ble to janitor in office building. 1917D-42. JAPANESE. Competency as witness. 18-981. JAW. Injury to jaw, inadequacy of verdict. 1916B-424. JEOPARDY. See Criminal Law. 476 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JESTS. Defamation by jest as libel. 1-330. JEWELRY. Baggage of passenger. 21-733. Innkeeper's liability for loss of watch of guest. 1912A-961. Jeweler as engaged in "trade." 1916A- 1200. Wife's jewelry bought with husband's money, ownership as between spouses. 16-508. JITNEY BUSES. Common carrier of passengers, proprietor of jitney bus as. 1917C-1060. State or municipal regulation. 1916A- 1233; 1917C-1051; 1918C-946. JOINDER OF ACTIONS. See Actions and Proceedings. JOINT DEPOSITS. Joint tenancy as created by joint deposit in bank. 1916D-522. Eight of parties to joint deposit in bank. 1916D-519, 529, 533. JOINT OBLIGATIONS. Failure of one principal to sign, effect, 1912A-1015. Limitation of actions, acknowledgment of debt by one as barring defense by others. 17-176. JOINT OWNERS. Alienation by or to joint owner as change in title or interest within condition in fire insurance policy. 1916B-954; 1917B-1228. Sale by one of interest in property in possession of other as necessitating actual change of possession within rule as to fraudulent conveyances. 1912B-460. Taxation of property, proper mode of as- sessment. 1914A-568. JOINDER OF PARTIES. See Parties. Criminal law, right to join two or more defendants in prosecution for viola- tion of license statute. 1918A-571. Mandamus, who may join as relators. 1918C-873. Quo warranto proceedings. 1918D-214. JOINT ADVENTURES. Mutual rights and liabilities of parties. 17-1022; 1912C-202; 1914C-691; 1916A-1210. 'Settlement of accounts between joint ad- venturers. 1912C-204. JOINT DEBTORS. Part payment by one as suspending run- ning of statute of limitations against others not authorizing or ratifying act. 1912D-1328. JOINT PURCHASE. Contract for joint purchase of goods from third person as within statute of frauds. 1918C-744. JOINT RESOLUTION. Legislative joint resolution as having force and effect of law. 18-706. JOINT STOCK COMPANY. Citizen, company as included in term. 1917C-878. JOINT TENANCY. See Tenants in Common. Conveyance to two or more providing for right of survivorship as creating joint tenancy instead of tenancy in com- mon. 1917B-119, 121. Devise to persons jointly as creating joint tenancy. 1914C-233. Joint deposit in bank as creating joint tenancy. 1916D-522, 533. JOINT TORT-FEASORS JUDGES. 477 JOINT TORT-FEASORS. Action between, on claim satisfied by and assigned to one of them. 9-519. Death by wrongful act, actions for against joint tort-feasors. 1-491. Electric companies negligently permitting wires to come in contact as jointly liable for resulting injuries. 191SC 921. Indemnity between, right under contract. 21-122. Persons contributing to intoxication under Civil Damage Acts. 21-394. Eelease of joint tort-feasor, effect. 1-63; 11-397; 1913B-270; 1918D-279. one joint tort-feasor not actually liable, effect of release. 8-1042; 12-1065. Unfavorable judgment against one tort- feasor in foreign state as bar to ac- tion against another in domestic state 1913E-882. Verdict or judgment rendered against all, power of court to set aside or reverse as to part. 19-797. JOINT TRESPASSERS. Joint libelants as joint trespassers. 1- 875. Trespass by animals, joint or several lia- bility of owners. 8-1072. JOINT WILLS. Validity and probate. 2-26. JOKES. Playful or mischievous act of fellow- servant, liability of master to ser- vant injured. 1912C-422. JOURNALS. Impeachment of act of legislature by reference to legislative journals. 9-582; 20-350; 1918D-253. Judicial notice of contents of legislative journals on issue as to enactment of statute. 1916E-1284. JR. Names, effect of use of Jr. in connection with name. 1917A-1211. JUDGES. 1. In General. 2. Powers and Duties. 3. Bights and Liabilities. 4. Disqualification. 5. Change of Judge. See Courts. 1. In General. "Absence" or "absent" as applied to judge, what constitutes. 1912C-353. duty of presiding judge not to absent himself from trial. 2-8; 16-627. Change in number of judges sitting in trial or appellate court by statute as ex post facto with respect to offense committed before its enactment. 1912C-1121. Comment by court on fact that defend- ant in action for negligence is in- sured against liability, propriety of. 1914A-951. Contempt of court, reflections on minis- terial duties of judge as constitut- ing. 15-658. "Court" as meaning judge. 1913E-388. number of judges necessary to transact business of court. 1912A-1251. Improper conduct in trial of criminal case as presumptively affecting jury. 1913C-1257. Judges of lower court, judicial notice by appellate court. 1914A-34. Judicial power, what is within constitu- tional theory as to separation of powers of government. 1913E-1097. Justice of peace as included within term "judge." 1918D-990. Juvenile court judge, compensation. 1916E-1011. Mandamus to enforce performance of duty by court or magistrate, right of private person. 1912A-1118. Manner or tone of court in remark or in- struction as reversible error. 1912A- 1006. Municipal court judge as municipal officer. 1914D-1234. Neglect of judge to sign bill of excep- tions within time required by law, effect. 1913A-914. 478 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUDGES Continued. Number of judges necessary to transact business of court. 1912A-1251. Eeference by trial judge to amount of plaintiff's claim in action for per- sonal injuries as reversible error. 17-573. Eemarks or instructions by court in presence of entire panel of jurors as reversible error in particular case. 1915B-824. Statutes relating to judges, effect of par- tial invalidity. 1916D-66. Sunday, validity of judicial act performed on Sunday. 1916B-6. Weapons, judicial officer as exempt from statute against carrying. 1914A-256. Witness, disqualification of judge as wit- ness in case on trial before him. 1913C-254. 2. Powers and Duties. Appointing power, validity of statutes imposing power on judges. 8-599; 10-436; 18-1189. Contempt, power to punish at chambers or in vacation. 1913B-35. false imprisonment in arrest and com- mitment for contempt, civil liability. 4-330. De facto, validity of acts. 12-208. Eeview of own acts, disqualification of judge. 1917A-840. Special or substitute judge, waiver of objection to jurisdiction. 19-94. Successor to trial judge, authority to pass upon motion for new trial. 7- 493; 10-327; 1914B-1235. 3. Bights and Liabilities. Disbarment of judge, misconduct as ground for disbarment or suspen- sion as attorney. 1917B-232. False imprisonment, civil liability of judi- cial officers. 4-325; 1914C-1166. Libel and slander, utterances as privileged against prosecution. 4-433. Practicing as attorney, right of judge of court of record. 1914B-446. Title to office as subject to attack in ac- tion brought before him. 20-460. JUDGES Continued. 4. Disqualification. In General. Decedent's estate, disqualification of judge by interest to act in estate matter. 1912C-1165. Interest in legal question involved in litigation as disqualifying judge. 1917A-1068. Judge who is resident or taxpayer in municipality which is party to pro- ceedings before him as disqualified. 6-406. Membership in association or body insti- gating or conducting disbarment pro- ceedings as disqualifying judge to sit. 1913A-1229. Necessity as justifying action by dis- qualified judge or officer exercising judicial power. 1917A-1061. Participation as or relationship to coun- sel in action as disqualifying judge. 1917A-1231. Political bias or prejudice as disqualify- ing judge. 20-424. Prejudice against liquor traffic as dis- qualifying to try case involving liquor laws. 1912A-1203. Relationship to party, degree necessary to disqualify judge. 12-516. construction of term "party" in stat- ute disqualifying judge related to party. 15-533; 1914C-972. Signing petition for local option election as disqualifying from acting thereon. 1912C-1092. Effect of Disqualification. Bias existing prior to trial as ground for reversal in absence of showing of prejudice at trial. 1917E-954.- Change of venue, bias or prejudice of judge as ground in absence of express statutory provision. 10-265. Formal orders or ministerial acts, power of disqualified judge to make or to perform. 5-975. One member of bench disqualified, effect. 1912A-1254. Vote of disqualified judge not producing result, effect upon decision of tribunal of his participation. 13-336. JUDGMENT CREDITOR JUDGMENTS AND DECREES. 479 JUDGES Continued. Waiver of objection to disqualified judge. 10-969; 1912A-1072. 5. Change of Judge. Application for change on ground of bias, as ousting judge of jurisdiction. 1916D-1281. Assignment of perjury on affidavit for change of judge. 1912A-866. Criminal trial, change of judge during trial as reversible error. 18-346. State's right to change of judge. 1914C- 400. Timeliness of motion for change of judge, made after trial of cause. 8-758. JUDGMENT CREDITOR. Assignment of mortgage, right of judg- ment creditor on payment of mort- gage debt. 1914B-564. JUDGMENTS AND DECREES. 1. In General. 2. Legislative Control. 3. Form and Nature. 4. Non Obstante Veredicto. 5. Default Judgments. 6. Confession of Judgment. 7. Final Judgments. 8. Lien of Judgment. 9. Opening, Vacating and Setting Aside. 10. Reversal, Effect of. 11. Res Judicata. A. GENERALLY. B. PARTICULAR PROCEEDINGS. C. PERSONS CONCLUDED. D. FOREIGN JUDGMENTS. 12. Collateral Attack. 13. Assignment. 14. Extraterritorial Operation. 15. Arrest of Judgment. 16. Satisfaction and Extinguishment. 17. Amendment and Correction. 18. Actions on or to Enforce Judgments. JUDGMENTS tinued. Criminal cases. ment. AND DECREES Con- See Sentence and Punish- 1. In General. Agency, right of action .against agent after judgment against principal. 17-614. undisclosed principal, right of action against after judgment against agent. 8-1026. Appeal, liability of sureties on appeal bond to pay judgment. 5-90. self-executing judgment, effect of ap- peal with bond. 6-775. Attorneys, lien on judgment, extent of. 1916E-387. negligence of attorney in entry or pro- tection of judgment, liability to client. 1917B-29. Bankruptcy, effect of discharge upon judgment for wilful and malicious injuries to person or property. 3 169; 12-1011; 1917A-212. Cloud on title, judgments or decrees suffi- cient to constitute. 7-334. Computation of time for entry of judg- ment by exclusion or inclusion of Sunday or holiday. 1917E-939. Contempt proceedings in federal court, judgment or order in. 1915D-1059. "Conviction," judgment as implied by use of term. 1915B-285. Corporations, entry and enforcement of judgment as to corporation after dis- solution. 17-226. Creditor's bill to reach money due under judgment. 1914B-958. Division of judgment for purpose of issu- ance of execution upon part only of judgment. 19-464. Execution, judgment as subject to levy and sale under execution. 21-745. Ex parte order, right of court to make without formally instituting action. 1913B-104. Garnishment, payment of judgment by garnishee, effect on liability to prin- cipal defendant in another jurisdic- tion. 1918C-829. Holidays, validity of judgment entered or rendered on holiday. 1916E-852, 858. 480 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUDGMENTS AND DECBEES Con- tinued. Injunction against execution on dormant judgment. 13-862. irregularities in obtaining judgment as ground for restraining. 1918C-231, 328. void judgment as ground for injunction. 1918C-242. Interest, modification of judgment on ap- peal as affecting right to interest. 1917C-413. liability of insurer in indemnity policy on judgment against insured. 1914D- 1097. state's liability for interest on judg- ment. 1914A-363. Intoxicating liquors, judgment for penalty .in action for violation of liquor stat- ute. 1916E-873. Judgment creditor as purchaser pendente lite. 1918C-64. Justice of peace, oral announcement of decision by justice and judgment actually entered of record, which con- trols. 1912A-1283. time of rendition and entry of judg- ment by justice sitting without jury. 12-1029. Perjury, party against whom judgment has been obtained, right to sue for damages. 18-23. person injured by judgment obtained by false swearing, right to recover damages. 1913C-802. "Security," judgment as. 1914D-624. Service, recital in judgment or decree that service has been had on de- fendant as supplying failure of rec- ord to show proper service. 1913B- 27. Setoff of judgments as resting in discre- tion of court. 17-967. right to set off judgment against judg- ment for conversion of exempt prop- erty. 14-322. Statutes relating to judgments, effect of partial invalidity. 1916D-80. civil statute, repeal as affecting prior final judgment in action based on repealed statute. 1912B-1157. criminal statute, effect of repeal after judgment. 1-220; 16-469. Sunday, effect of recording judgment oa Sunday. 1916B-16. JUDGMENTS AND DECREES Con- tinued. rendition of judgment on Sunday, va- lidity. 1916B-10. Tax on judgments, validity of statute. 1912C-1176. "Thing adjudged," legal meaning of term. 1915A-32. 2. Legislative Control. Personal judgment, right of state to au- thorize entry on service of process on resident outside of state limits. 1912D-695. Eevival of judgments, prohibitory statute aa impairment of obligation of con- tracts. 3-1148. Validation or invalidation of judgments, p'ower of legislature. 2-241. 3. Form and Nature. Consolidated actions, single or separate judgments. 3-534. Corporations, kind of judgment to be en- tered for violation of law where stat-' ute prescribes forfeiture of franchise as penalty as within discretion of court. 1912D-822. Deficiency judgment, right to in action to foreclose chattel mortgage. 18- 1075. Disregard of interlocutory judgment or order in entering final judgment, power of court. 1915B-1195. Dollar-mark or other designation indi- cating money, effect of omission. 1915C-337. Married woman sued in maiden name, validity of judgment rendered. 16- 795. Names of parties substituted by phrase "et al.," effect. 14-572. Personal judgment, mechanic's lien, right in action to foreclose. 1912A-129. partner as subject in action against firm. 1918D-1136. right of state to authorize entry on ser- vice of process on resident outside of state limits. 1912D-695. Summary judgment, bond in nature of appeal bond, entry of summary judg- ment against surety. 1918C-1151, 1188. JUDGMENTS. AND DECREES. 481 JUDGMENTS AND DECBEES Con- tinued. injunction bond, entry of summary judgment against surety. 1918C-97. 4. Non Obstante Veredicto. Federal court, power to enter judgment non obstante veredicto. 1914D-1053. Motion for judgment non obstante vere- dicto as waiver of right to move for new trial. 1914B-614. Eight of court to go beyond pleadings in disposing of motion for judgment non obstante veredieto. 1913A-1023. 6. Default Judgments. Admissibility of default judgment as evi- dence in another suit against judg- ment debtor. 1914B-681. Divorce action, necessity of proof to sup- port judgment by default. 1913B-7. Entry of default judgment by clerk with- out required order of court as void or voidable. 16-1211. mandamus to compel proper official to enter default judgment. 1913B-344. Justice of peace, default judgment ren- dered on process served less than required time as void or voidable. 8-1142. Motion by defendant pending, right to take judgment by default. 1913E- 331. Omission of ad damnum clause in com- plaint as affecting right to judgment by default. 21-241. Person in custody, validity of judgment by default rendered against him. 1913C-245. Pleading filed out of time, right to enter default thereafter. 1915C-738. right to amend pleading after judgment by default. 1913B-481. Production of documents, validity of statute authorizing entry of judgment by default for failure to produce. 15-655. Relief awarded beyond prayer of com- plaint, validity of default judgment. 11-353. Index to Notes 31 JUDGMENTS AND DECREES Con- tinued. 6. Confession of Judgment. Attorney's authority to confess judgment. 1914C-548. Bills and notes, validity of provision authorizing attorney to appear and confess judgment for maker. 16- 895. Divorce, necessity of proof on judgment pro confesso. 1913B-7. Husband's power, without joinder of wife, to consent to judgment binding homestead. 1915B-247. Married woman, power to confess judg- ment. 10-714. "Warrant of attorney, validity of judg- ment by confession without antece- dent process. 1914A-645. 7. Final Judgments. Appeal, dismissal of action as frivolous and vexatious, order as final or in- terlocutory for purposes of appeal. 18-394. dissolution of temporary injunction, or- der made on motion as final or in- terlocutory. 1912C-898. entry of final judgment for party who asked for directed verdict below, right of appellate court to direct. 1914D-280. * power to enter final judgment on re- versal for insufficiency of evidence. 8-873. Finality of decree adjudicating equities but reserving settlement of accounts for report of master. 5-176. Habeas corpus proceedings, finality of order. 1-260; 11-129; 1912D-359; 1916D-506. Judgment of trial court reversed on ap- peal but subsequently affirmed, what is final judgment. 1913C-250; 1913A- 464. Juvenile court, finality and conclusive- ness of judgments. 1916E-1017, 1022. 8. Lien of Judgment. Alimony decree as lien on realty. 9-90; 18-565; 1914D-888. 482 INDEX TO THE NOTES, 1 ANN, CAS. TO ANN. CAS. 1918E. JUDGMENTS AND DECREES Con- tinued. Deficiency judgment on execution sale as lien on property after conveyance by judgment debtor during redemption period. 13-320. Divestiture of lien which has attached by subsequent occupation of land for homestead purposes. 1913B-1147. Executory contract of purchase of land, lien of judgment as extending to in- terest of judgment debtor in land existing by virtue of. 1914B-978. Fractions of day in computation of time for determination of priority of judgment. 2-137. Heir or devisee, lien of judgment against as attaching to land sold by exe- cutor. 1915C-1022. Homestead excess over statutory value, lien of judgment upon. 16-603. Interest in real property undisclosed by record as subject to lien of docketed judgment. 1912D-98S. Municipal property, lien of judgment against. 4-102. Priority of lien of judgment as between implied vendor's lien and judgment against purchaser. 1916D-384. purchase-money mortgage and pre- existing judgment against mortgagor. 1916C-949. several equal judgments, priority to one as acquired by issuance of exe- cution. 1917D-187. * unrecorded conveyance, priority of judgment lien as against. 21-864. Recordation of judgment essential to lien, constitutionality of statute with respect to pre-existing judgments. 5-259. 9. Opening, Vacating and Setting Aside. In General. Attorney's authority to vacate or open judgment in favor of client. 1916B- 724. Confessed judgment, power of court to open or vacate. 1914D-159. Forgetfulness as ground for opening or setting aside default judgment. 1914B-589. JUDGMENTS AND DECREES Con- tinued. Motion for relief from judgment as waiver of right to move for new trial. 1914B-614. Negligence or mistake of attorney, equitable relief against judgment entered against party. 10-447. New trial, order determining motion for new trial, power of court to open or vacate. 1913B-485; 1917C-1151. Perjured testimony, equitable relief against judgments procured by. 3- 83; 10-1107. Opening. Absolute right of defendant not person- ally served to have judgment opened and defend. 12-992; 1912A-1164; 1916B-565. Advice of counsel as ground for opening default judgment. 1917A-709. Default judgment, right to have opened, on account of failure of person other than party or his attorney to attend to case. 1913E-752. Payment of costs as condition precedent to new trial under order opening default and granting new trial on payment of costs. 1912B-249. Ships and shipping, proceeding to limit vessel owner's liability, right to open decree. 1913D-1237. Statute of limitations as meritorious de- fense on opening default judgment, i 21-1282. Vacating. Adoption decree, grounds for vacation. 17-548. Divorce decree, power of court to vacate for fraud. 18-1002. vacation after death of party in direct proceeding brought by surviving party. 5-892; 1913B-369; 1917A- 595. Eminent domain, vacation of award on account of misconduct of commis- sioners. 20-711. Infants, vacation of judgment affecting infant duly represented. 1917B-922. Satisfaction of judgment as affecting; right to vacate thereafter. 3-19. JUDGMENTS AND DECREES. 483 JUDGMENTS AND DECREES Con- tinued. Torrens Act, vacation of decree rendered in proceeding under act. 12-837. Setting Aside. Divorce, continuance in case where de- fault judgment has been set aside. 1914B-361. power of court to award alimony in suit to set aside divorce decree. 19- 455. Joint tort-feasors, rendition against all, power of court to reverse as to part. 19-798. Pleading, necessity that plaintiff in equi- table action to set aside judgment should plead meritorious defense. 1913E-124. 10. Reversal, Effect of. Acts done under judgment prior to re- versal as justified. 1914C-542. Garnishment, reversal of judgment as ex- tinguishing ancillary garnishment. 6-753. Joint judgment, effect of reversal where all defendants do not appeal. 10-SO. Part of judgment only appealed from, effect of reversal. 1913E-1323. Restitution of property received under judgment, right to enforce by con- tempt proceedings after reversal. 1913E-1004. Reversal of judgment as affecting judg- ment based thereon in another pro- ceeding. 1913A-466. Sale under judgment subsequently re- versed, amount of restitution for property sold. 15-672. 11. Res Judicata. A. GENERALLY. Appeal as affecting force of self-execut- ing judgment. 6-776. Appellate court decision upon sufficiency of evidence to prove fact in contro- versy as res judicata on second ap- peal. 6-791. Burden of proof of res judicata or es- toppel by judgment. 2-655. JUDGMENTS AND DECREES Con- tinued. Claim or demand excluded or withdrawn from court or jury, judgment as bar. 1915D-590. Directed verdict, judgment entered as res judicata. 21-1262. Dismissal of action by agreement as res judicata. 13-655. Identity of issues involved as provable by extrinsic evidence. 9-344. Issues as to which judgment is silent, application of doctrine of res judi- cata. 6-104. Judgment for defendant for failure or insufficiency of plaintiff's proof as bar to subsequent suit on same cause of action. 9-187. Merits determined on judgment on de- murrer as constituting former adju- dication. 1913A-541. Motions in pending action, rule of res judicata as applicable. 1914"D-974. "Without prejudice," effect of judgment or decree as res judicata. 1914A-1106. B. PARTICULAR PROCEEDINGS. Bankruptcy, order denying discharge as res judicata in subsequent bank- ruptcy proceedings. 1913C-1184. Bastardy, judgment in proceeding as bar- ring right of action for damages for seduction. 1918D-669. Boundaries, conclusiveness on title to land of proceedings to fix. 3-1064. Contract performable in instalments, successive actions for breach. 6-63. Criminal proceedings, civil or penal ac- tion as governed by res judicata rule by judgment in criminal action. 5- 78; 6-496; 21-1184. divorce action, judgment in criminal action as res judicata. 21-1185. Decedent's estate as affected by judg- ment against executor de son tort. 1912A-537. Divorce, doctrine of res judicata as ap- plicable to proceedings. 1916B-875; 924, 932, 934, 941, 944. property rights settled by decree, con- clusiveness. 1912C-726. voluntary dismissal of bill for divorce as res judicata. 1917A-1201. 484 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUDGMENTS AND DECREES Con- tinued. Eminent domain proceedings, award as bar to recovery of damages subse- quently accruing. 1915A-5S3. Habeas corpus, order in proceeding as res judicata. 1-260; 11-129; 1916D- 506. Malpractice action against physician as barred by his recovery for services. 1914B-645. Mandamus, judgment as bar to all issues which might have been litigated therein. 1913B-541. Marriage, conclusiveness of judgment in- volving fact or validity. 1912C-245. Military court, trial therein as bar to prosecution in civil court and vice versa. 11-645. Probate or surrogate's court decree re- fusing probate of will, conclusive- ness. 15-68. Quo warranto proceeding to try title to office, what constitutes former adju- dication. 1913C-671. Waiving tort and suing in assumpsit, judgment as bar to action ex delicto. 1913D-238. C. PERSONS CONCLUDED. Assisting prosecution or defense of ac- tion, estoppel by judgment as appli- cable to such person. 1916E-154. Covenantor as bound by judgment against covenantee, necessity of no- tice to defend. 13-206; 1916E-148. \ Death by wrongful act, recovery by ad- ministrator for death of wife as bar to recovery by husband for tort. 14- 554. Judgment settling title to land, conclu- siveness as between successful claim- ant and grantor of defeated claim- ant. 1916E-161. Municipal action as bar to action by citi- zens involving same matter. 8-1134. Partnership obligation, judgment against partner as bar to suit against co- partner. 8-315; 1915C-528. Persons not in being, effect of judgments and decrees on. 2-790. Purchaser of land as concluded by judg- ment against vendor in action brought after purchase. 3-339. JUDGMENTS AND DECREES Con- tinued. Eepresentative capacity, individual as concluded by judgment binding him in representative capacity. 1918E- 1096. judgment against individual as conclu- sive in action by same person in representative capacity. 1918E-1103. Surety, judgment against principal as evidence against surety. 9-153; 1915D-400. Taxpayer as bound by adjudication in suit by another taxpayer as repre- sentative of a class. 1913C-914. D. FOREIGN JUDGMENTS. Nonsuit or dismissal, judgment in one jurisdiction as bar to action in an- other. 19-1016. Probate of foreign will abroad, conclu- siveness in domestic courts. 9-422; 14-977; 1918A-614. Tort-feasors, unfavorable judgment against joint tort-feasor in one state as bar to action against other tort- feasor in another state. 1913E-882 1 . 12. Collateral Attack. Adoption, collateral attack on decree. 13- 587; 1914D-237. Bankruptcy discharge as subject of col- lateral attack in state court. 18-601. Criminal judgments, collateral attack on. 21-1190. Default judgment awarding relief beyond prayer of complaint as subject to collateral attack. 11-354. Direct as distinguished from collateral attack, what is. 1914B-82. Divorce decree of domestic court as sub- ject to collateral attack. 1915B-430. Executors and administrators, decree granting letters testamentary or of administration as subject to collat- eral attack. 4-1117; 1912A-983; 1915D-1095. Mechanics' liens, collateral attack on judgment or decree. 1913B-1261. Probate court order for sale of dece- dent's real estate, immunity from collateral attack. 3-234. JUDGMENTS AND DECREES. 485 JUDGMENTS AND DECBEES Con- tinued. Service of process, conclusiveness of recital in judgment where record fails to show proper service. 1913B- 31. irregularities as affecting court's juris- diction upon . collateral attack. 1- 923. Warrant of attorney, judgment rendered on warrant in one state as subject to collateral attack in another state on ground of fraud or lack of juris- diction. 20-262. 13. Assignment. "Interest" in judgment, effect of assign- ment of. 1912B-525. Lien of judgment as affected by assign- ment of judgment or execution issued thereon to or for benefit of judg- ment debtor. 1917C-557. Mortgages, right of judgment creditor paying indebtedness to have assign- ment of mortgage. 1914B-564. Partial assignment of judgment, validity and effect. 1913E-843. Eights passing to assignee as incident to assignment of judgment. 7-423. 14. Extraterritorial Operation. Divorce decree of foreign court having jurisdiction, extraterritorial effect. 4 864; 20-870. remarriage of party or parties, extra- territorial effect of divorce decree or statute prohibiting. 15-758. title to land situated in another juris- diction, validity of divorce decree passing title. 17-859. validity of foreign divorce as depend- ent upon jurisdiction over defend- ants. 5-26. Full faith and credit clause of federal constitution as applicable to state courts of inferior jurisdiction. 21- 1153. Judgment declaring contract void as champertous as entitled to full faith, and credit in another state. 1914B- 1144. JUDGMENTS AND DECREES Con- tinued. "Warrant of attorney, validity and effect in one state of judgment rendered on warrant in another state. 20-262. Wills, extraterritorial effect of probate of resident's will abroad. 7-313. 15. Arrest of Judgment. Objections to evidence as ground for mo- tion in arrest. 1913E-72. Order sustaining motion in arrest, legal effect. 1912A-975. Time for filing motion in arrest as com- puted by exclusion or inclusion of Sunday or holiday. 1917E-939. 16. Satisfaction and Extinguishment. Acceptance of note of third person by judgment creditor aa extinguishing judgment. 19-482. Compromise of judgment debt, right Of attorney. 21-580. Default judgment, right to set aside after satisfaction. 1914D-233. Interpleader to determine conflicting claims to proceeds of judgment, right of sheriff or other officer to file bill. 1913B-231. Life of decree for permanent alimony. 2-915; 1917A-582. New trial or vacation of judgment after satisfaction thereof. 3-19. Pro tanto satisfaction of judgment in replevin by return of part only of property. 1912B-308. Eevival of judgment, new promise or part payment as affecting after bar of statute of limitations. 9-254. Satisfaction of judgment for less than demand as affecting right to appeal. 16-79; 1914C-301. Tender of amount due, effect on judg- ment. 1916C-536. 17. Amendment and Correction. Alimony decree as within power of court to modify, agreement of parties as basis. 13-296; 1912C-446. alimony already accrued. 1914A-302; 1916E-941. 486 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUDGMENTS AND DECBEES Con- tinued. cessation of life of decree. 5-946. misconduct of wife subsequent to di- vorce as ground. 1914D-59T. remarriage of wife as ground. 11-523. Appellate court, power to correct final judgment before remand to lower court for execution. 1914D-1297. Criminal judgment after execution, power of trial court to revise, correct or amend. 11-298. Eminent domain, amendment or correc- tion of report of commissioners. 1915A-722. Nunc pro tune amendment, extent permis- sible. 1915A-522. sufficiency of evidence to authorize. 1915D-685, 692. Subsequent term, correction of judgment on evidence de hors record, power of court. 1913E-349. power of court to amend at subsequent term where proceeding therefor is commenced during term at which judgment is rendered. 1916D-1260. Third party, correction of judgment at , . suit of third party. 19-1103. 18. Actions on or to Enforce Judgments. Alimony, enforcement of decree by ac- tion at law. 3-579; 4-299; 8-700; 10-547; 20-1068. Contempt process as mode of enforcing judgment. 1912C-780. Conviction based on plea of guilty, ad- missibility of judgment in subsequent civil action. 1917E-1109. Corporate bond or coupon secured by mortgage, enforcement of judgment on. 1915D-983. Domestic judgment, right of action as affected by remedy by execution. 4- 169. Equity decree, enforcement by action at law. 11-658. Foreign judgments, alimony decree in one state as enforceable in another juris- diction. 8-700. divorce decree, necessity of alleging court had jurisdiction in. action JUDGMENTS AND DECREES Con- tinued. based on decree. 1913B-1193; 1916B- 260. fraud as defense, right to plead in ac- tion. 1914D-999. right to sue before expiration of time to appeal or other proceedings to vacate. 1915A-12S9. Limitation of actions, absence of judg- ment debtor as affecting running of statute against action on judgment. 1914D-743. foreign judgment, statute governing in action on. 8-1123. running of statute against action n judgment, when begins to run. 1916C-625. Lost or destroyed judgment or order, parol proof of contents. 1916D-254. Merger of judgment in later judgment based thereon. 1914A-366. Negligence of attorney in enforcement of judgment, liability therefor. 1917B- 30. Partnership, effect of death of partner on judgment in favor of partnership. 10-956. Status and enforcement ' of judgment where receiver is appointed for de- fendant pending action. 1915C-1249. JUDICIAL ACTS. Ministerial as distinguished from judicial acts under prohibitory Sunday laws. 1-278; 1S-1040. Trial of causes on legal holiday other than Sunday, power of court to sit. 5-919; 11-559. Validity of judicial act performed on Sunday. 1916B-6. JUDICIAL CIRCUITS AND DISTRICTS. Local statutes as relating to. 4-662. JUDICIAL DECISIONS. See Courts. JUDICIAL FUNCTIONS JUDICIAL SALES. 487 JUDICIAL FUNCTIONS. JUDICIAL SALES. Municipal or other board, mode of pro- cedure governing board when exer- cising. 1915B-1083; 1917E-706. JUDICIAL NOTICE.. See Evidence. 1. In General. 2. Eights and Liabilities of Purchaser. 3. Redemption. 4. Setting Aside Sale. See Executions; Tax Sales. JUDICIAL OFFICERS. Carrying concealed weapons, exemption from statute against. 1914A-256. Civil liability for false imprisonment. 4- 325. JUDICIAL POWER. What is judicial power within constitu- tional theory as to separation of powers of government. 1913E 1097. JUDICIAL PROCEEDINGS. "Estimate," "estimated," meaning of terms with respect to judicial pro- ceedings. 1913B-852. Fractions of day in computation of time. 2-136. Libel and slander, attorney's statements made in judicial proceeding as priv- ileged. 7-603; 1917E-169. pleadings published before coming be- fore court as privileged within law of libel. 11-162; 15-618; 1915A-129. report of judicial proceedings, what pro- ceedings within rule of privilege. 1915A-36; 1918C-1196. Notice of judicial proceeding, necessity that be in writing. 1916E-1147. Perjury, regularity of judicial proceeding as affecting charge. 3-870; 11-711. Time, solar or standard, as governing. 9-329. Validation of irregularities by remedial legislation. 2-242. JUDICIAL RECORDS. Lost or destroyed, proof of contents by parol. 1916D-248. JUDICIAL RESTRAINT. Freeriom of speech or press, to what ex- tent restraint warranted. 15-6. 1. In General. Bids, validity of contract to prevent bid- ding. 1917D-232. Commission for selling, right of officer where party entitled to proceeds bids in property. 1915C-1123. validity of statute allowing sheriff or similar officer percentage of amount collected for selling property. 1913B- 1299. Contingent remainder to unborn person, judicial sale of land as destroying. 1917A-907, 914, 925. Execution sale as judicial sale. 1913A- 1217. Holidays, validity of sale held on holiday. 1916E-852. Misnomer of party in advertisement or notice of sale as affecting validity of sale. 1917R-1046. Misrecital in sheriff's deed, effect. 1913B- 195. Mortgages, deed given at judicial sale as equitable mortgage in favor of origi- nal owner of premises. 1917C 970. Parcel or en masse sales of property. 8- 741; 1913B-619. Statute of frauds as affecting judicial sales. 7-1071. 2. Rights and Liabilities of Purchaser. In General. Adverse possession l>y owner who remains on land after it is sold at judicial sale. 1913E-488. Eminent domain, judicial sale pending con- demnation proceedings, person en- titled to compensation. 1915A-736. Equity of redemption purchased at judicial sale, right to set up defense of usury. 2-47. Leased lands, right of purchaser to rents. 1912B-39S. 488 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUDICIAL SALES Continued. Limitation of statute as protecting pur- chaser at void sale. 9-872. Mistake in description of land sold, juris- diction of equity to correct. 11-85. Oral agreement of bidders to share prop- erty purchased by one as within stat- ute of frauds. 1912B-320. Payment by purchaser, proper medium. 1915C-996. Purchaser at judicial sale as purchaser pendente lite. 1918C-66. Quieting title, purchaser's right to bring suit therefor. 1913B-380. Kent, liability of purchaser of leaseholo. at judicial sale. 1915E-821. Eestitution where property is sold under judgment subsequently reversed, amount of. 15-672. Subrogation of purchaser under invalid sale to tax lien for taxes paid. 17- 1136; 1912B-752. Trusts, parol agreement made with person interested in land that promisor will buy land at judicial sale and hold for benefit of promisee as implied trust en- forceable in equity. 5-173; 12-542; 1918E-309. Who may Purchase. Attorney of party to proceedings, right to purchase property at sale. 21-274. Guardian and ward, right of guardian to acquire ward's property at judicial sale. 21-1120. Tenant in common, right to buy common property at judicial sale. 17-1169; 1914A-1031. Title. Adverse possession as basis of title, whether purchaser may be compelled to take. 1912D-1179. Caveat emptor rule as precluding defenses by bidder at sheriff's sale. 18-501. Examination of title, right of purchaser to reasonable time. 1916C-764. Mechanic's lien as lost by judicial sale of realty. 1915A-314. Purchaser as chargeable with notice of un- recorded instrument affecting title to property. 1915B-236. JUDICIAL SALES Continued. Reversal of judgment authorizing sale, effect on title to land purchased by attorney of party to proceeding. 14 185. Title of all parties as passing by judicial sale. 1914D-282. 3. Redemption. Expiration of statutory period for redemp- tion, right to redeem thereafter. 1913E-1187. Time to redeem from judicial sale as run- ning from date of sale or date of con- firmation of sale. 1913B-41. 4. Setting Aside Sale. Advance bid as ground for setting aside. 7-173. Chilling or puffing bidding, vacation of sheriff's sale on account of. 3-423. Inadequacy of price as ground for setting aside. 1914D-3, 15, 18, 21; 1915A- 1151; 1915C-749; 1915D-1102; 191SE- 436. Necessary party to proceeding to set aside sheriff's sale, plaintiff in execution as. 5-260. Notice of proceedings to vacate, persons entitled to. 1914D-757. JUMPING FROM TRAIN. Contributory negligence of railroad em- ployee. 17-1221. JUNCTIONS. Duty to provide and keep open waiting- room at junction of two railroads. 18- 211. JUNIOR MORTGAGEE. Assignment of mortgage, right of junior mortgagee paying indebtedness to have. 1914B-563. JUNK DEALERS. Hawker and peddler regulations as appli- cable to junk dealers. 1912D-1292. JURISDICTION JURY. 489 JUNK DEALERS Continued. Purchaser and seller of junk as "dealer." 1917A-954. Statutory regulations of junk dealer and junk-shops. 16-722; 1914B-75; 1918E- 198. JURISDICTION. See Appeal and Error; Courts; Criminal Law. Accessory, jurisdiction of prosecution, where principal crime is committed in another state or county. 10-878. Collateral attack, irregularities in service of process as affecting court's juris- diction upon collateral attack. 1-923. Concurrent, right to control action as be- tween two courts. 1-409; 1912A-150; 1915B-1117. Coroners, jurisdiction of coroner as regards place of holding inquest. 4-1162. Divorce, jurisdiction over defendant as essential to validity of foreign divorce 5-26. necessity of alleging in action based on. foreign judgment of divorce that court had jurisdiction. 1913B-1193- 1916B- 260. Estoppel of litigant to deny jurisdiction of court by previous acts or conduct ad- mitting jurisdiction. 14-1044. False pretenses, jurisdiction of offense of obtaining property by. 1917E-311. Inadvertent assumption by appellate court, effect. 1913E-70. Public service commission, extraterritorial jurisdiction. 1915B-734. JURISDICTIONAL AMOUNT. See Appeal and Error; Courts; Justices of the Peace. JURY. 1. Right of Trial by Jury. A. GENERALLY. B. PARTICULAR ACTIONS AND PRO- CEEDINGS. 2. Waiver of Right. 3. Number of Jurors. JURY Continued. 4. Competency and Qualification. 5. Challenges. 6. Swearing Jury. 7. Incidents of Trial. 8. Evidentiary Matter. 9. Custody and Conduct of Jury. 10. Misconduct of Court, Officers, Parties OT Spectators. 11. Impeaching or Supporting Verdict. 12. Fees and Expenses. 13. Exemption from Jury Service. 14. Miscellaneous. 1. Right of Trial by Jury. A. GENERALLY. "Case," meaning as used in sense of action or proceeding in statute relating to jury trial. 2-1-670. Change of venue in criminal cases, right to trial by jury as resulting. 3-197. Constitutional provisions guaranteeing right of trial by jury, general scope. 1-7 U3. Court rule regulating right to jury trial, validity. 1914B-1184. Deprivation of right to trial by jury in lower court but providing for jury trial on appeal, validity of statute. 1912C-1109. Injunction against commission of crime, validity of statute authorizing issu- ance. 13-689. Legislative regulation of qualifications of jurors as violating constitutional guar- anty of right to trial by jury. 1912C- 784. Magna Charta, relation to trial by jury. 1914A-873. Special punishment for prior offender or habitual criminal, statute prescribing as impairment of right to jury trial. 18-926. Statute regulating instructions on evidence as invasion of right of trial by jury. 1916A-1147. B. PARTICULAR ACTIONS AND PROCEEDINGS. Bankruptcy, action by trustee to recover property fraudulently transferred by bankrupt, right to jury trial. 1912B- 126. 490 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JURY Continued. Contempt proceedings, right to jury trial. 1913D-458. Counterclaim in equitable action, right of defendant T.IMi respect to jury trial. 1914C-852. Disbarment proceedings, right to jury trial. 1913D-1162. Election contest, right to jury trial. 1913C-161. Eminent domain proceedings, right to trial by jury. 18-680. Equitable defense interposed in action at law, right to jury trial. 1913D-168. Insane persons, commitment, right to jury trial. 1913C-323. criminal case, right of accused to jury trial on question of insanity. 1913C 327. Intervention in federal court, right to jury trial in case of. 1913D-1041. Lost instrument, right to jury trial in action to recover on. 1912D-246. Mechanic's lien, right to jury trial in action to foreclose. 1913B-283. Municipal ordinance, right of trial by jury for violation. 4-507; 18-380. Nuisance, right to jury trial as to exist- ence of and damages for nuisance. 3-1043. Quieting title, right to jury trial in action. 3-248; 18-245. Partition actions, right to jury trial. 21- 1300. Quo warranto proceedings, right to jury trial. 5-640; 1914B-236. Statute conferring on commission power to fix public service rates as invasion of right to trial by jury. 14-616. Trusts, right to jury trial in action to declare resulting trust. 1913C 153. Will contest, right to jury trial. 15-211; 1914B-557. Wayward children, commitment without jury trial as constitutional. 5-96; 14-819. 2. Waiver of Right. Criminal cases, waiver of jury trial. 1-597; 9-1183. JURY Continued. Failure to demand jury by defendant in criminal case as waiver of jury trial. 9-263. Bequest by both parties for direction of verdict as waiver of trial by jury. 6-546; 13-372. Waiver of jury as affecting right to jury on second trial or at subsequent term. 4-1004. 3. Number of Jurors. Action under federal Employer's Liability Act where verdict may be rendered by less than twelve jurors, jurisdiction of state court. 1916B-156. Verdict by less than whole number of jurors, validity and construction of statutory provision. 1916E-500, 508; 1918D-690. Whether may be more or less than twelve in criminal case. 1914A-872. 4. Competency and Qualification. Boarding or lodging with party to suit or his attorney as disqualifying juror. 1914C-1044. Court's power to pass upon qualifications of juror in action of libel or slander under statute empowering jury to de- . termine law and fact. 1915D-1268. Disqualification of juror as ground for new trial. 1-196; 12-922; 1913A-892. Domicile and residence as synonymons in statute relating to jurors. 1915C-789. Employee of party to action, competency as juror. 12-306. Exclusion from jury service, power of court to exclude person. 1916C-1209. Freeholder competent to serve as juror, who is. 1913D-331. Grand juror serving on body which in- dicted defendant as disqualified to serve on trial jury. 1917D-456. Interest or bias sufficient to disqualify juror in eminent domain proceedings. 5-923. Landlord and tenant, relation existing be- tween party and juror as sufficient ground for challenge. 1914A-300. Membership in or contribution to society for suppression of crime as disquali- JURY. 491 JURY Continued. fying juror in criminal case. 9-312; 17-223. Official or employee of state or government which is party to action, competency as juror. 15-400. Opinion as to propriety or enforcement of law as affecting competency of juror. 1914D-696. Prejudice as to business of party to action as disqualifying juror. 20-1312. capital punishment, prejudice against as disqualifying juror in criminal case. 1912A-786. race or color of party to action, pre- judice against as disqualifying juror. 1912B-969; 1917C-1167. Previous service in cause involving same or similar facts as affecting com- petency of jurors. 4-965. Relationship to stockholder of corporate party as disqualifying juror. 21-542. witness, relationship to juror as con- stituting disqualification of latter. 1912B-600. Religious affiliations as affecting com- petency of juror. 17-343. Residence in county or municipality inter- ested in suit, effect on competency of juror. 6-961; 1913A-120. Sympathy for laboring men generally as sufficient ground for challenge of juror for cause. 1913A-1279. personal injury action, sympathy for plaintiff as bias sufficient to consti- tute disqualification of juror. 1912B- 1183. 5. Challenges. Array, right to interpose challenge to array of jurors in absence of statute. 1912A-1137. Comment on act of opposing party in challenging juror, right of counsel. 1913B-258. Criminal case, right of joint defendants with respect to peremptory challenges. 1914A-860. Excessive number of peremptory chal- lenges, allowance as ground for re- versal. 12-371. Ex post facto, statute changing existing law respecting peremptory challenges. 1912B-811. JURY Continued. Hypothetical question, right to ask juror, on voir dire examination. 1913D-680. Improper refusal of cpurt to sustain chal- lenge to juror for cause as warranting reversal where injured party exhausts his peremptory challenges. 9-279; 1915D-97. Joint parties in civil cases, right and manner of exercise of peremptory challenges. 16-265; 1917E-461. Panel, bias or misconduct of officer sum- moning jurors as ground for challenge to panel. 1916A-693. motion for venire de novo as waiver of right to move for new trial. 1914B- 615. Standing aside juror, right of prosecution as affected by statute granting per- emptory challenge. 6-274. Time of exercise of right of peremptory challenge. 19-766. 6. Swearing Jury. Failure of record to show jury sworn as ground for reversal. 8-750; 17-178. Oath of jury, failure to comply with ex- act form prescribed by law, effect in civil and criminal cases. 5-723. 7. Incidents of Trial. Additional counsel, appearance for party to cause after jury have been em- paneled as prejudicial to opposing party. 1912B-666. Charging jury on Sunday, validity. 1916B-10. Discharge of jury on Sunday, right to. 1916B-14. Exclusion of jury during argument relative to admissibility of evidence. 20-1141. Foreman as spokesman for jury. 1913B 3S5. Further instructions after ret : rement of jury, necessity that they bs given in presence of or with consent of counsel. 17-536. request for instructions by jury, neces- sity that they be given in open court. 14-514. Use of jury, while trying one case, for trial of another. 1913E-754. 492 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JURY Continued. 8. Evidentiary Matter. Affidavit' admitted as testimony of absent witness, right of jury .to take to jury- room. 19130-498. Articles introduced in evidence, right to take to jury -room. 1915B-742. Calculation or estimate by party as to amount due him, right of jury to take paper containing on retirement to jury-room. 1913C-937. Eminent domain proceedings, right of jury to disregard testimony of witness. 3- 302. Experiment with articles introduced in evi- dence, right of jury. 1915B-744. Insurance of employer against accidents to employees, right of jury to consider fact. 3-554; 9-323; 1913C-359. Intoxicating liquor, propriety of permit- ting jury to taste or smell to deter- mine whether it is intoxicating. 16- 218. Law and facts, power of jury to determine in action for libel or slander, construc- tion of constitutional or statutory pro- vision authorizing. 1915D-1261. Magnifying-glass, permitting: use by jury as reversible error. 1915B-1092. Papers improperly in jury-room, effect on verdict. 6-931; 1915C-924. Reading part of evidence to jury after their retirement to consider verdict, propriety of permitting. 20-1219. View by jury, criminal case, right in absence of counsel. 1915B-568. right to make evidence for themselves by experiment on view. 18-571. 9. Custody and Conduct of Jury. Affidavits of jurors to prove misconduct by or affecting jury while outside jury-room, admissibility. 6-290. Custodian of jury, prejudice of officer as disqualifying him from acting. 1912C-882; 1917B-254. Disclosure by juror before verdict of facts respecting verdict or state of deliber- ations as prejudicial error. 1918E- 668. Expression of opinion or prejudice by juror during trial as ground for new trial. 16-175. JURY Continued. Dormer conviction of defendant, discussion thereof by jury, or submission of re- cord as ground for new trial. 15-361. Information as to facts given to jury by one of their number, effect on verdict. 4-274; 1912B-155. Intoxicating liquors, use by jury as ground for new trial. 10-889; 1912A-1322; 1916A-939. Juror as guest of attorney for plaintiff during trial as misconduct. 1915A- 1162. Motion to set aside verdict because of mis- conduct of jury, obligation of party to show absence of participation or acquiescence in misconduct. 7-420. New trial for misconduct of jury as rest- ing in discretion of trial court and re- viewable on appeal. 1912D-1018. right to new trial where objection is not made until after verdict though mis- conduct is known, to moving party before that time. 1912A-223. Reading newspapers by jury during trial as ground for setting aside verdict. 6-352; 12-180; 1915C-962; 1918B-929. Recreation during trial, allowing to jury as ground for new trial. 14-534; 191SB- 855. Separation of jury, presumption of preju- dice from improper separation. 1-287; 1914A-737; 1916A-253. temporary separation of juror from fel- lows on account of illness as ground for new trial in criminal case. 20-656. 10. Misconduct of Court, Officers, Parties or Spectators. Coercion of jury by court into agreeing on verdict, what amounts to. 11- 1131; 1912D-440; 1915D-668. Communication to jury by custodian or other court officer as ground for new trial. 13-522. Custodian's presence in jury-room as mis- conduct warranting new trial. 8-652. Furnishing refreshment to juror by suc- cessful party as ground for new trial. 1912B-747. Improper conduct of court as presump- tively prejudicially affecting jury in criminal case. 1913C-1257. JUSTICES OF THE PEACE. 493 JURY Continued. Influencing juror, attempt to bribe or in- fluence as contempt. 15-747. Presence of persons in courtroom tending to overawe or influence jury, right to new trial because of. 1913E-806. Private communication by trial judge with jury during deliberations as ground for new trial. 16-1141; 1917A-403. Public sentiment expressed during trial in- fluencing jury, duty of court to check. 1915B-894. Recommendations by court with respect to mercy as constituting misconduct. 1-270. 11. Impeaching or Supporting Verdict. Impeachment of verdict, admissibility of affidavit showing quotient verdict. 1915C-1147. affidavits of jurors as evidence that verdict returned or entered differed from verdict actually found. 3-401; 1912A-1205; 1918E-287. statement by juror subsequent to trial, admissibility to impeach verdict. 1913D-1194. Polling jury, dissent of some jurors from verdict and return for further de- liberation, validity of verdict. 6- 457. right of defendant to poll jury in crim- inal case. 1912B-123G. Support of verdict, admissibility of affi- davits of jurors. 1-28S; 1913B-761. 12. Fees and Expenses. Expenses of jurors during trial, liability of county. 17-1232. keeping jury together on change of venue, expense as chargeable against county. 1913B-190. Jury fees, prepayment or taxation as costs, constitutionality of statutes re- quiring. 5-930'; 12-378; 1917B-30S. 13. Exemption from Jury Service. Classes of persons exempted from jury service, constitutionality of laws ex- empting certain classes. 5-783; 1915A-1060. Exemption privilege as gratuity subject to alteration by statute. 9-147. JURY Continued. 14. Miscellaneous. Defamation of jury as a class as action- able by one member. 8-137. Finding or answer by jury, sufficiency and construction of expression, "We don't know," or similar phrase. 1916B-283. Habeas corpus as mode of review of er- rors in selection, discharge, verdict, or denial of jury trial. 11-1053. Interrogatories to jury, common-law power and duty of court to submit proper special interrogatories. 15- 469. Juror at former trial as competent wit- ness. 1916C-676. Jury commissioner, effect of failure to qualify properly. 18-765. Juvenile court, necessity for jury. 1916E- 1016. Selection or summoning jury, appointment of substitute for disqualified officer. 17-367. Statutes relating to juries, effect of par- tial invalidity. 1916D-81. Verdicts, amendment of sealed verdict. 5-394. correction of verdict returned or en- tered by affidavit of jurors. 3-401. JUSTICES OF THE PEACE. 1. In General. 2. Jurisdiction and. Procedure. 3. Judgments. 4. Appeals. 1. In General. De facto justices, validity of acts. 12- 209. Disqualification, degree of relationship to party necessary to disqualify justice. 12-517. Execution sale on judgment of justice of peace, jurisdiction of other courts to enjoin. 1918C-284. False imprisonment, civil liability. 1914C- 1166. 494 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. JUSTICES OF THE PEACE Continued. JUSTICES OF THE PEACE Continued. issuance of defective or wrongful pro- cess by justice as affecting liability. 4-330. Fees of justice of peace, right to recover in separate action. 9-372. "Judge" as including justice of the peace. 1918D-990. Libel and slander, utterances as privi- leged against prosecution. 4-433. Statutes relating to justices of peace, effect of partial invalidity. 1916D- 66. 2. Jurisdiction and Procedure. Amount claimed or amount due as deter- mining jurisdiction of justice of peace. 1912A-1284. reduction of amount due on promissory note to sum within jurisdiction of court, right of holder. 5-308. Contempt, power of justice of peace to punish witness. 9-316. Criminal case decided by him, power to reopen. 4-767. Submission of case in action before jus- tice of peace, what constitutes. 12- 1030. Summons issued by justice of peace, ef- fect of error or irregularity. 1914A- 1085. Sunday, right of justice of peace to hold court. 1916B-15. 3. Judgments. Default judgment, rendered on process served less than required time aa void or voidable. 8-1142. Oral announcement of decision and actual entry of record, which controls. 1912A-12S3. Time of rendition and entry of judgment by justice of peace sitting without jury. 12-1029. 4. Appeals. Error in justice's court, remedy for cor- rection. 1913E-74. Notice of appeal, sufficiency with respect to description of judgment appealed from. 21-1309. Transcript of judgment filed in superior court, power of that court with re- spect to justice's judgment. 1914A- 415. JUSTIFICATION. Assault, defense of property as justifica- tion for assault. 1917D-307, 316. pleading justification, necessity in civil action for assault and battery. 21- 114. trespass as justification for assault. 1 888; 1917D-307. Libel and slander, criminal prosecution, truth as defense. 21-832; 1916A-429. intoxication as justification. 1916E- 564. necessity that justification be as broad as charge. 1918C-1088, 1122, 1126. precise charge, necessity that justifica- tion be of precise charge. 3-5S- 1918C-1131. truth alone as complete defense in civil action for libel. 1918C-335. Strike, what constitutes justification. 1912C-1302. JUSTLY DUE. Legal meaning of term. 1918E-789. JUVENILE COURTS. Constitutionality of statute creating ju- venile court. 5-96; 7-831; 14-819; 1914A-1227; 1915D-701. Establishment of and procedure in ju- venile courts. 1916E-1010, 1022, 1025, 1028; 191SD-751, 754. Statutes relating to juvenile offenders and courts, effect of partial invalid- ity. 1916D-67. KEEPING KNOWLEDGE. 495 K KEEPING. Prohibited articles within fire insurance policy, what constitutes "keeping." 13-540; 19-414; 1914B-133; 1918D- 294. KEROSENE. Kindling fire with kerosene as negligence. 1912A-630. Storage of kerosene as nuisance. 1916C- 821. KEYS. Delivery of key of box or other recep- tacle containing property as sufficient delivery to support gift causa mor- tis. 1914A-529. Ownership, name on bunch of keys as evidence. 1914D-356. KIDNAPING. See Abduction. Kidnaping of criminal as affecting juris- diction to prosecute him. 7-1056. Parent taking child from another to whom custody has been awarded, criminal liability. 1914B-274. "Residence" as synonymous with domicile in statute relating to kidnaping. 1915C-790. Similar crimes, proof in prosecution for kidnaping. 14-693. KIDNEYS. Injuries affecting kidneys, excessiveness or adequacy of verdict. 16-43; 1913A-1378; 1916B-424. KILL. Meaning of terms "kill," "killed," "kill- ing." 20-100. KIN.' Meaning of "nearest of kin" or similar phrase in will designating legatee or devisee. 1915A-475. KINDRED. See Relationship. Family membership, what constitutes writing insurance policy or benefit certificate. 7-685. Half-brother and half-sister as brother and sister. 9-140. Insanity, admissibility on issue, of san- ity, of evidence of insanity of kin- dred. 6-29; 1918B-124. KLEPTOMANIA. Nature of disease and effect upon civil and criminal responsibility. 1914A- 886. KNEES. Injury to knee, excessiveness or adequacy of verdict. 16-25; 1913A-1369; 1916B-425, 455. KNIFE. Deadly weapon, knife as. 1912A-1332. KNOWINGLY. Corporations, what constitutes "know- ingly" making false report by corpo- rate officer. 1912A-435. Federal twenty-eight hour law, meaning of term "knowingly." 21-825. Meaning of term "knowingly." 1914A- 429. KNOWLEDGE. See Notice. Another's knowledge, competency of wit- ness to testify to. 21-1074; 1918A- 947. Corporation, imputability of knowledge of corporation to officer or of officer to corporation. 1915A-855, 861. notice as imputable to corporation where its officers are engaged in in- dependent acts in their own interests. 1912C-295, 1916B-328. Foreign law, presumption as to knowl-. edge of. 1916D-1072. 496 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. KNOWLEDGE Continued. Improvements, knowledge or notice of adverse claim as affecting right to compensation. 1916B-57. Landlord and tenant, right to rent as af- fected by landlord's knowledge that premises are to be used for illegal sale of liquor. 1918C-442. KNOWLEDGE Continued. Eeward, knowledge of offer of reward as prerequisite to right of reward. 1- 285; 1915B-671. KNOWN TO EXIST. Meaning of term in mining statute. 629. 15- L LABELS. Convict goods, validity of statute requir- ing them to be so marked. 1913B- 817. Food and drugs under federal act, proper and improper labeling. 21-1324; 1915A-46. Poison, requirements as to labeling. 20- 496. Union label, validity of statute protect- ing use. 1912D-373. Use of label as unfair competition. 2- 416. LABOR. Who is "laborer" within statute giving lien to laborers. 1913B-138. Sunday law, "labor" or "labor or work" within prohibition of law. 1913D- 797. validity of statutory provision against Sunday labor. 12-1097. LABOR COMBINATIONS. See Labor Laws. In General. Agent of trade union, liability of union for wrongful conduct. 5-601. Blacklisting, legality of agreements. 1- 474; 1917A-644. Boycotting. 1-177; 9-1222; 13-86; 13- 826. constitutional liberty of speech and press as authorizing boycott. 15-7. LABOR COMBINATIONS Continued. Coercion of employer, attempted by threat to strike as unlawful act. 3 974; 6-279. fining nonunion employees as coercion or extortion. 6-851. Criminal conspiracy to injure trade or business of another. 1-508. Inducing discharge of workman, liability of third person. 3-741; 8-377. Injunction as remedy against injury to business or property by strikers. 4 783; 6-279. nonunion employees, right to enjoin strike by union employees. 1913D- 369. Interference by labor organization or members with contract relations, civil liability. 2-441; 4-1026; S-889; 9- 706; 11-337; 1912B-1164; 1916E-608; 1918B-478. Notes on labor combinations. 16-1182. Picketing as lawful or unlawful. 13-60;: 1918E-54. validity of statutes prohibiting picket- ing. 1918E-60. Rule of labor union affecting third per- son, validity. 1918D-653, 668. Strikes, legal justification of employees,. what constitutes. 1912C-1302. right of employees to strike. 7-645; 8 803. Unfair list, publication that employer has been placed on unfair list of labor union as libelous. 15-677; 191SB- 570. Union labor, agreement between union and employer, effect on rights of member of union. 1915B-101. LABOR LAWS. 497 LABOR COMBINATIONS Continued. coercion of employer into employment , of union labor as subject to injunc- tion. 6-279. validity of contracts stipulating for employment of union labor only. 5 285; 7-121; 21-213; 1915-813. Statutory Eegulation. Advertising with respect . to strikes or labor conditions, prohibitory statutes. 1916A-909. Label, validity of statute protecting use of union label. 1912D-373. Monopolies, combination to control price of personal services, anti-trust stat- utes as applicable. 8-721; 17-752. illegal combination of laborers affect- ing interstate commerce as within Sherman Anti-trust Act. 13-826; 1912D-765. Union labor, discharge of union em- ployees, validity of laws prohibiting, 1-939; 13-773. refusal to employ union labor, validity of statute making it penal offense. 7-121. LABOR LAWS. 1. In General. 2. Hours of Labor. 3. Wage Regulations. 4. Particular Employments. See Labor Combinations. 1. In General. Advertising for employees during strike, validity of statute requiring em- ployer to state that strike exists. 1915B-661. Child labor acts, validity and construc- tion. 9-1108; 15-473; 1913E-339. Contributory negligence in actions by servants against masters, statutes af- fecting defense. 5-633. Convict goods, validity of statute requir- ing goods made by convict labor to be so marked. 1913B-817. Corporations, criminal liability for viola- tion of labor law. 1916C-465. Employment agencies, statutory regula- tion. 5-326. Index to Notes 32 LABOR LAWS Continued. Peonage, constitutional and statutory provisions concerning. 3-321; 14 1118; 1915B-49S. "Require," legal meaning in statute relat- ing to labor. 1912A-1238. Statutes relating to labor, effect of par- tial invalidity. 1916D-67. "Store order" acts, constitutionality. 1- 417; 14-620. Toilet and wash-rooms, validity of statute requiring employers to provide for employees. 1915D-991; 1918E-622. Weekly rest day for employees, validity of statute requiring. 1916D-1058. Women, employment of adult females in other respects than number of hours of labor, validity of statute regulat- ing. 12-799; 1914D-533; 1916D-1065; 2. Hours of Labor. Day's labor, constitutionality of statutes limiting length. 1-S2; 3-1143; 6- 902; 9-20S; 11-90; 13-959; 1912D- 393; 1914D-1263; 1916C-1009; 1918A- 1046. Federal hours of service act, construction. 1915D-456; 1918C-797. * violation of federal twenty-eight hour law, action to recover penalty. 21 828. Interference with interstate commerce, statute regulating hours of service of railroad employees as constituting. 1917A-981. Laborers or employees within purview of statute limiting hours. 1918C-338. Laundries, restriction of hours of labor in. 21-977. Manufacturing establishment, what con- stitutes within regulatory statute as to hours of labor. 191SD-685. Municipal corporation, criminal liability for violation of hours of labor stat- ute. 1913E-308. Public works, statutory restriction of hours of labor upon. 1-46; 10-721; 1912A-773. State statute regulating hours of labor as in conflict with federal statut" on same subject. 19-816; 1915D-142. 498 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LABOR LAWS Continued. 3. Wage Begulations Minimum wage rate, interstate railroad employees, validity of statutory reg- ulation. 1918A-1043. private employment, validity of v statute fixing minimum. 1918D-465. public works, validity of statute, or ordinance regulating. 1913E-990; 1915D-241. women and minors, validity of law fix- ing. 1916A-22-5. Time of payment of wages, validity of statutes regulating. 9-238; 13-482; 1916B-135. 4. Particular Employments. Aliens, contract labor, soliciting or im- porting as crime. 1917C-261. discrimination against aliens in em- ployment of laborers, validity of statute. 1917B-287. employment on public works, validity of statute prohibiting employment of aliens. 1915B-1271; 1917B-293. Interstate commerce regulation, state regulation as to labor upon material to be used in municipal improvement as constituting. 3-309. Manufacture of f clothing in tenements, validity of statutes regulating. 1- 747: Public work to be done by union labor, validity of statute requiring. 1915D- 974. Railroad employees, validity of statute prescribing qualifications. 1915D-423. Weighing minerals which are mined by employees by weight, validity of statute regulating. 11-74. LACHES. See Limitation of Actions. Arrest, laches as waiver of illegal arrest. 16-464. Bankruptcy, setoff as subject to bar by laches of bankrupt. 1916C-9S8. Contribution between partners, laches as barring right. 1916D-838. Corporations, consolidation, laches of stockholder as defeating right to ob- LACHES Continued. jeet to unauthorized consolidation. 19-1269. dissolution, laches as affecting right of minority stockholders. 1918E-i31. Covenant not to engage in same business, laches as barring injunction to re- strain breach. 1916C-190. Deed as mortgage, effect of lapse of time on right to declare. 1914B-354; 1918C-755. Descent and distribution, laches of creditor of deceased, as precluding enforcement of debt against heir or devisee. 1917C-95. Divorce, vacation of divorce decree as barred by laches. 5-892. Dower, applicability of doctrine of laches to action for dower. 11-417. Estoppel of state to question validity of de facto municipality as worked by laches. 12-262. Guardian and ward, lapse of time as af- fecting right to open guardian's ac- count or settlement. 1917A-648. Ignorance of facts affecting laches. 19-110. Infringement of trademark or trade name, loss of right to relief by con- duct disclosing laches. 1S-459. Injunction against gas works as nuisance, laches as defense. 21-1252. Judicial sale, effect of laches on right of party to avoid purchase by his attor- ney. 21-277. Lis pendens, loss of benefit by delay in prosecution of suit. 1915C-518. Mandamus, applicability of doctrine of laches. 9-845; 20-1114. Pleading, effect of laches on right to amend. 5-676. Quo warranto, doctrine of laches as ap- plicable to proceedings. 1914C-488. Rescission of fraudulent contracts. 1- 911. Resulting trust arising from husband's purchase in own name with wife's money, laches as barring enforce- ment. 1915D-633. Sales, right to reclaim goods for breach of condition to pay cash on delivery as waived by delay. 11-549. LAGER BEER LANDLORD AND TENANT. 499 LACHES Continued. Special assessment, laches as defense to action to remove lien as cloud on title. 1914A-893. Specific performance, laches as defense to action by vendee of contract for sale of land not fixing time of per- formance. 1915B-1109. Stale claims, enforcement in equity. 1914B-314. Taxpayer, remedies against municipality as lost by laches. 1913C-898. Trusts, application of doctrine as between trustee and beneficiary of express trust. 3-200. LAGER BEER. Judicial notice aa intoxicating or not. 1914C-876. LAKES, Title to bed of nonnavigable lake. 1916D-299. LAND. Clearing and drainage of land as sanitary measures. 1-443. Cultivation of land as improvement. 17- 406. "Half," legal meaning as applied to land. 1913E-1013. Eailroad company's power to deal in land. 4-911. Waste, changing character of land aa waste. 191SD-543. "Wills, "land" in will as including lease- hold. 20-1089. LANDLORD AND TENANT. 1. In General. 2. Existence of Relation on Character of Tenancy. 3. Leases. A. IN GENERAL. B. CONSTRUCTION. C. COVENANTS. D. RENEWAL. LANDLORD AND TENANT Continued. 4. Title, Possession, Care, Use and Enjoy- ment of Premises. A. IN GENERAL. B. USE OF PREMISES. C. EVICTION AND EJECTMENT OF TEN- ANT. D. DEPRIVATION OF USE OF PREMISES. E. LIGHT AND WATER. F. REPAIRS AND IMPROVEMENTS. G. FIXTURES. 5. Rent. A. IN GENERAL. B. FORFEITURE FOR NONPAYMENT. C. DISTRESS. 6. Termination of Relation. A. IN GENERAL. B. NOTICE TO QUIT. C. HOLDING OVER BY TENANT. 7. Assignment of Lease and Subletting. A. IN GENERAL. B. COVENANT AGAINST. 8. Denial of Landlord's Title. 1. In General. Apartment house, legal status of owner. 1917A-256. Attorneys, lien of attorney on lease in his possession in connection with litiga- tion. 1917D-149. Attornment to third person pursuant to judgment against tenant, effect as to landlord. 5-62. Banks, power of cashier to lease bank property. 1912A-99. Collateral attack on validity of lease by state. 1912B-91. Corporations, criminal liability for wil- ful destruction of premises by cor- poration as tenant. 1916C-465. power of private corporation to lease land. 4-1061. Deeds, unexpired lease as breach of cove- nant against incumbrances. 1914D- 1176. Dog, landlord harboring tenant's, liability for injuries caused by it. 1914B-608. Dower as attaching to husband's interest in leasehold estate. 1912D-782. Execution sale, right of lessor or lessee to enjoin. 1918C-269. 500 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LANDLORD AND TENANT Continued. LANDLORD AND TENANT Continued. Fire insurance, insurable interest of ten- ant. 1913E-741; 1917C-951; 1918E- 835. Gas leases, covenants for diligent prose- cution of work. 20-1165. power of executor to make oil and gas lease. 1-406. Guardian and ward, power of guardian to lease ward's realty. 1917A-1256. Interpleader, tenant's right to. 1-513. Intoxicating liquors, lease of property for sale of liquors, validity of statute subjecting leased property to pay- ment of fines, taxes, etc., assessed against lessee. 18-177. Jury, relation of landlord and tenant ex- isting between party and juror as ground for challenge. 1914A-300. Larceny of tenant's goods, liability of landlord for acts of agent. 1-96. Mechanic's lien, foreclosure, lessee or lessor as necessary or proper party. 1918B-15. improvements by lessee as subjecting realty to mechanic's lien. 2-689; 11-1082; 19-734; 1916C-1133. leasehold estate, ' mechanic's lien on. 3-1096; 14-1031. Municipal corporation, right to rent mu- nicipal property to private persons. 16-1096. Nuisance, criminal liability of landlord for nuisance on premises in posses- sion of tenant. 14-210. damages recoverable by tenant for nui- sance. 1-272. Purchaser pendente lite, lessor or lessee as. 1918C-60. Quieting title by landlord based upon possession by tenant, sufficiency. 18- 860. Receivers, claim for damages for breach of lease maturing after appointment of receiver. 1913D-1184. Ships and shipping, demise of vessels by charter-party. 5-623; 8-496. Specific performance of option to pur- chase in lease. 1913A-363. Taxation, exemption of land leased for quasi-public use. 2-810. tax value of lease. 1912C-944. Trust property, term for which trustee may lease. 14-651; 1914C-393. Vendor and purchaser, stipulation in con- tract of sale of land giving parties right, on default, to treat transaction as lease, validity. 1912A-576. Waste, alteration of building by tenant for years as waste. 1912C-392. when tenant for years has estate un- impeachable for waste. 1914D-669. "Wharves, docks or piers, liability of lessor or lessee for injuries sustained on de- fective wharf. 1916C-154, 157, 164. Wills, leasehold as included within gift of "real estate," "land," etc., in will. 20-1089. 2. Existence of Relation on Character of Tenancy. Cropping on shares, person occupying building on premises under agreement to farm on shares as tenant of owner. 13-235. - relation between owner of premises and person working land. 1914B-148. Employee occupying premises of employer as part of compensation as creating relation of landlord and tenant. 1916C-1111. Freeholder, tenant under lease as "free- holder." 1913D-329. Invalid lease, character of tenancy aris- ing from occupancy and paying rent. 17-540. Lodger and tenant, distinction between. 1914A-200. Theater leases. 1914B-16; 1917C-398. construction as applied to moving picture shows. 1916C-307. 3. Leases. A. IN GENERAL. Acknowledgment of lease, necessity for. 1918D-161. Agricultural lands, constitutional or statu- tory prohibition against long leases, construction and effect. 15-345; 1914A-349. Aliens, lease as dissolved by tenant be- coming alien enemy. 1917C-202. Conditional sale as distinguished from lease. 12-879. LANDLORD AND TENANT. 501 LANDLORD AND TENANT Continued. Contract to lease on future day breached by lease to another as affording im- mediate right of action. 1-427. "Conveyance" as including lease. 1913D- 999. Corporations, effect of dissolution upon contract of lease of corporation. 13- 577. Evidence, extrinsic to lease, admissibility to show agreement by landlord to re- pair. 1913A-37. supplementing lease by proof of collat- eral oral agreement. 1914A-456. Executory agreement to take lease, lia- bility of proposed lessee for breach. 1912C-1052. Homestead, exemption right as affected by lease of part of premises. 16 1038. husband alone executing lease of home- stead property, validity and effect. 9- 13; 15-1121; 1917A-76. "Interest," term as including estate of lessee. 1912B-525. Lease not signed by lessee, binding effect on him. 1913A-264. Option to purchase, validity of stipula- tion given lessee. 15-380. Oral lease for one year to commence in future, validity within statute of frauds. 5-829; 18-1078. "Owner," term as including tenant for years. 1912A-316. Surety of lessee as discharged by altera- tion of terms of lease. 6-359. Tenants in common, effect of lease by part only. 1913D-1164. B. CONSTRUCTION. "Assign" or "assignee," meaning as used in lease. 1913B-740. "Damage by elements," construction of that or similar phrases as used in lease. 1917B-296. Deposit by tenant to secure performance of stipulations contained in lease as penalty or liquidated damages. 19- 215. "Etc.," legal meaning of term in lease. 1912C-172. Goodwill as passing on lease of business without mention thereof. 1S-434. LANDLORD AND TENANT Continued. "House" in lease as including land. 1914B-1239. Insurance, construction of agreement by lessee to insure premises against fire. 1918E-299. ^'Person" as used in lease as including private corporation. 20-748. "Similar," meaning of term in lease. 18- 793. Support of lessor, construction and oper- ation of provision in lease as rent or part thereof. 1913B-550. "Wear and tear" clause in lease, construc- tion. 13-96. Written matter as controlling printed matter in construction of lease. 1913E-962. C. COVENANTS. Alterations, lease stipulating against al- terations as violated by introduction of electric light wires. 1915C-1008. Implication of covenant for quiet enjoy- ment. 1917C-615, 620, 625. Negative covenants as embraced within positive clause of forfeiture. 1-794. Return of premises in condition they "now are," time referred to in lessee's covenant. 15-881. Special or local assessment as included within covenant to pay "taxes." 12- 589. Water rents as taxes or rates within meaning of covenant in lease to pay rates. S-lll. D. RENEWAL. Breach of contract to renew lease, meas- ure of damages recoverable from les- sor. 1913D-208. Executors and administrators, liability of personal representative of deceased lessee for exercise of option for re- newal. 1-770. Holding over by tenant under lease giv- ing option for renewal as exercise of option. 6-341; 19-399; 1915D-\252. Implied trust arising from renewal of lease. 7-295; 1912B-1100. sublessor's or sublessee's renewal as rais- ing implied trust. 7-297. 502 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LANDLORD AND TENANT -Continued. Option to purchase contained in lease, effect of taking new lease of prem- ises. 1915A-357. Part only of leased premises, covenant of renewal as enforceable as to. 17- 113. Perpetual renewal, construction of ove- nant for renewal as covenant for per- petual renewal. 13-1006; 1916C-1096. Time for which renewal may be had un- der indefinite agreement granting op- tion for renewal. 6-102. 4. Title, Possession, Care, Use and En- joyment of Premises, A. IN GENERAL. Ancient lights, liability of third person to landlord for obstruction. 1912D- 126. Attachment of leasehold, what is sufficient levy. 1916B-993. Coal-hole in sidewalk, liability as be- tween owner and tenant for injuries sustained by pedestrian. 19-469; 1917D-495. Destruction of tenant's property by fire, liability of landlord. 1914B-418. Eminent domain, right as between lessor and lessee to compensation for prop- erty taken. 4-1011; 15-714. Execution, interest of lessee as subject to levy. 15-867. Failure of landlord to deliver possession of premises, measure of damages re- coverable by tenant. 1915B-805. Implied covenant by lessor to give pos- session to lessee. 14-402. Injury to leased premises, liability of third person to landlord. 1912D-120. Insurance, illegal acts of tenant as affect- ing policy issued to landlord. 15- 543. insurable interest of tenant for specific term. 1913E-741; J917C-951. Judgment against tenant affecting title to land, effect on landlord. 5-61; 19-263. Manure, right of tenant to remove from premises. 11-80. Mortgages, assignment of mortgage on payment of mortgage debt, right of tenant for years. 1914B-566. LANDLORD AND TENANT Continued. leasehold rights as affected by fore- closure of mortgage. 1915A-397. redemption from mortgage, right of ten- ant for years. 4-807. Nuisance existing at commencement of tenancy, right of landlord to recover damages to premises. 6-150. Partition, right to partition of property subject to lease for term of years. 9- 1029. Possession of tenant as constructive no- tice to purchaser of landlord's or ten- ant's rights and equities. 1913A- 1214. Prospective tenant visiting premises for purpose of inspection, liability of owner for personal injuries. 1916A- 98S. Eight of way as passing to lessee under general demise of premises. 19-1202. Straw, right of tenant to remove from premises. 16-528. Subrogation of lessor on payment of taxes for which tenant was bound under lease. 17-1136; 1912B-751. Taxation, improvements placed on land by lessee, liability for payment of taxes as between lessor and lessee in absence of agreement. 1912A-275. liability for taxes on land conveyed on condition of payment of ground rent. 1914B-845. Vendor's lien, leasehold interests as sub- ject to implied vendor's lien. 21- 952. B. USE OF PREMISES. Absence of express agreement, purposes for which leased building may be used. 21-895. Front wall of building, right of tenant to use for advertising purposes. 1912C-1127; 1916C-482. Illegal purpose, tenant's use of premises as forfeiting rights under lease. 1913C-1352. Implied reservation by landlord of right to use part of demised premises. 1914A-86. Liability of landlord to tenant for use of premises by another tenant. 14- 1124. LANDLORD AND TENANT. 503 LANDLORD AND TENANT Continued. Railroads, liability of lessor for negligent or illegal operation by lessee. 1915D- 996. Roof of leased premises, respective rights of landlord and tenant. 16-1209. Signs on demised premises, right of land- lord to place. 12-41. C, EVICTION AND EJECTMENT OP TENANT. Constructive eviction, failure of landlord to perform duty to tenant. 191GB- 123. heating premises, failure of landlord to heat according to contract. 1914B- 1074; 1918D-394. positive overt act of landlord, construc- tive eviction resulting from. 7-593; 19-690. Ejectment, right to maintain action against landlord without joining ten- ant. 12-531. Eminent domain, appropriation of prem- ises under power of eminent domain as eviction of tenant. 1912D-367. Forcible ejectment after termination of lease, right of tenant to damages against landlord. 12-770. Forcible entry and detainer, landlord's right of action for entry during pos- session of tenant. 7-924. tenant's right to maintain action against landlord for forcible eject- ment after termination of lease. 12-767. Partial eviction by landlord as affecting his right to recover rent or main- tain proceeding to dispossess. 1914A- 1230. Rendering premises uninhabitable, right of landlord after breach of condi- tion in lease, where lease gives right of re-entry for conditions broken. 15-1071. Setoff or counterclaim in action by land- lord to recover demised premises, right of tenant to interpose. 1916D- 372. Third persons, eviction of tenant by act of third person. 1915C-396, 405, 409. Title paramount, right of tenant to re- cover damages for eviction under. 1916D-1147. Wrongful eviction, damages recoverable by tenant. 6-460; 1912A-860. LANDLORD AND TENANT -Continued. D. DEPRIVATION OF USE OF PREMISES. Accidental injury or destruction of build- ing, effect on lease of part of build- ing. 9-107. Lease for saloon purposes where tenant is subsequently unable to use prem- ises for that purpose, right of land- lord and tenant inter se. 15-1103; 1913E-262; 1916B-1026; 1918D-1145. E. LIGHT AND WATER. Injuries caused by water brought on premises, liability of landlord to ten- ant. 10-257; 1913D-811. Light or water furnished tenant, va- lidity of statute, ordinance or regu- lation making owner of premises liable. 7-1017; 11-241. Passageway common to tenants, duty of landlord to light. 14-764; 19-667; 1914D-592; 1917E-596. Waterworks, liability of one tenant to another for negligent use. 18-533. F. REPAIRS AND IMPROVEMENTS. Action of tort on landlord's agreement to repair. 3-835; 13-171; 1915D-832. Collapse of building, liability of land- lord to tenant. 18-6. Concealed defects in premises, duty of landlord to inform tenant. 1-679; 12-512. Damages, measure recoverable for breach of covenant to make improvements. 4-899. landlord's recovery for breach of ten- ant's covenant to repair. 14-152. tenant's recovery for landlord's breach of covenant to repair. 15-563. Defects in premises, liability of land- lord to third persons as affected by his agreement to repair. 2-466; 5- 716; 12-49; 1915B-165; 1916C-815. Elevators, liability of landlord to em- ployee of tenant for injuries due to negligent operation. 1912D-532; 1915B-572. Excavations by landlord as affecting lia- bility for injury to his tenant on adjoining land. 21-24. Fall of ceiling, liability of landlord to tenant for injuries caused. 1913C- 973. 504 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LANDLORD AND TENANT Continued. Fire-escapes, duty to maintain as be- tween owner and lessee or occupant. 9-1167. liability of owner of building to em- ployee of tenant for failure to pro- vide or keep in proper condition. 1913B-278. Heating apparatus operated by landlord, duty to keep in repair. 1912C-210. Independent contractor making repairs, liability of landlord to tenant for his negligence. 9-211. Notice by tenant to landlord of need of repair during term, necessity of giv- ing. 1912B-353. Payment for improvements or repairs, right of lessee to enforce covenant to pay against successor of reversion. 4-439; 1918D-1180. Tenant's covenant to repair, construction with reference to condition of prem- ises at time of letting. 8-577. Voluntary repairs by landlord, liability as for negligence. 1915D-827. G. FIXTURES. Eminent domain, value of fixtures at- tached by tenant as element of dam- ages sustained by appropriation of property. 1916C-782. Garage, building erected for use as garage, right to remove. 1915D-265. Gas or electric light plant or accessories as constituting fixtures. 1917B-188. Ice-house erected by tenant as fixture. 20-790. Mining lease, right of lessee to remove machinery and other appliances. 2 738. New lease as affecting right to remove trade fixtures. 3-331; 20-769. Person claiming under tenant, right as to time for removal of fixtures. 10- 109. Store front erected by tenant as fixture. 1914A-260. Trade fixtures substituted for parts of leased premises, right of lessee to re- move. 20-606. 5. Bent. A. IN GENERAL. Abandonment of premises by tenant, re- covery of rent. 14-1089. LANDLORD AND TENANT Continued. Advance payment of rent, landlord's right to retain on re-entry for con- dition broken. 1915D-613. lessee's right to recover on destruction of premises. 1912B-1117. Bankruptcy of tenant, claim for rent as provable in proceedings. 1916A-944, 948. Destruction of premises, right of lessor to recover proportionate part of annual rental. 1915C-602. Failure to comply with statute, ordinance or regulation requiring fire-escapes or other safety or health devices as affecting landlord's right to recover rent. 1913B-406. Ground rent, extinguishment by merger of estate. 8-996. Illegal sale of liquor, landlord's knowl- edge of use of premises as affecting right to rent. 1918C-442. Immoral purposes, right to recover rent for lease of premises for. 21-837. Implied contract to pay rent for use and occupation of another's land for grazing cattle. 1912C-1147. Inconsistent defenses in action relating to rent. 1917C-733. Infant lessee, right to recover from lessor money paid as rent. 1915B- 676. Judicial sale of leased land, right of pur- chaser with respect to rent. 1912B- 398. Lien of landlord as divested by bank- ruptcy or insolvency of tenant. 15- 386. priority of employee's statutory lien for wages over rent lien. 10-346. Prostitution, right to recover rent for premises used for purpose. 8-181; 1914B-806. Quitclaim deed as passing accrued rent. 1913C-367. Rent as realty or personalty. 1918A-148. Royalty and rent, distinction between. 1916E-1225. Sale, mortgage or other grant of rever- sion, person to whom rent is payable in absence of governing statute. 1916D-192, 201. Surrender of premises by lessee without formal assignment of lease, liability of surrenderee for rent. 1914B-466. LANDLORD AND TENANT. 505 LANDLORD AND TENANT Continued. LANDLORD AND TENANT Continued. Time of day when rent is payable. 1912D-387. Venue of action to recover rent of realty. 1912C-914. Where rent is payable. 1913C-1198. B. FORFEITURE FOR NONPAYMENT. Customary acceptance of rent after stipu- lated time for payment, effect. 15 253. Demand for payment of rent, necessity in order to enforce forfeiture for nonpayment. 8-581. Equitable relief from forfeiture of lease for nonpayment of rent. 1913A-828. Surrender of premises between rent days, effect upon liability for rent. 10 365. Tender of rent due by tenant before declaration of forfeiture as valid ten- der. 1912D-1009. Waiver of forfeiture for breach of con- dition in lease by landlord's receipt of after-accruing rent. 11-62; 1915A- 1250. C. DISTRESS. Eight to distrain as depending on rela- tionship of landlord and tenant. 19- 268. Stranger's property on tenant's premises distrained for rent, remedy of stranger. 16-1160. When one distress bars second. 3-821. 6. Termination of Relation. A. IN GENERAL. Abandonment of premises by tenant, rights and remedies of landlord. 14- 1088. Crops, forfeiture of tenant's estate by his own act, right of landlord to growing crops. 15-1033. termination of lease for fixed period, right of tenant to " crops thereafter. 9-1139. Destruction of premises, construction of provision for termination of tenancy in case of. 1913A-1095. Entry by landlord for purpose of repair- ing premises as acceptance of sur- render by tenant. 1912D-974. Termination of lease at option of one or both parties, construction of provi- sion therefor. 1916B-306; 1917E- 523. B. NOTICE TO QUIT. Porcible entry and detainer, necessity for notice to quit before landlord can bring action against tenant, whose lease has expired. 8-731. Landlord's notice to quit, sufficiency of service. 8-1144. Revocation or withdrawal of notice to quit, right of landlord or tenant. 1912D-162. Tenant's notice to quit, designation of time of termination of tenancy. 4- 628. C. HOLDING OVER BY TENANT. Holding over by tenant under lease giv- ing option for renewal as exercise of option. 6-341; 19-399; 1915D-252. Measure of damages where tenant holds over without consent of landlord. 17-284. Statutory penalty of double rent or value for holding over after termination of tenancy. 1912A-278. 7. Assignment of Lease and Subletting. A. IN GENEIAL. "Assign" or "assignee," lessee as included within term. 1913B-738. Covenant for renewal, right of assignee to enforce. 12-969. Distinction between assignment of leasa and sublease. 7-537. Liability of lessee or sublessee as affected by sublease. 1916E-822. Mining lease, lessee's right to sublet premises. 1913B-1102. Option to purchase, right of assignee of lease to enforce. 5-914. Oral consent to subletting where lease re- quires written, sufficiency. 16-606. Eenewal of lease, effect of exercise of privilege on right to sublet under original lease. 1913C-642. Eent, liability as affected by assignment or sublease by tenant. 1916E-788, 832, 837, 842, 844. 506 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LANDLORD AND TENANT Continued. Restriction in lease as to us of prem- ises as binding on sublessee. 1912D- 68. Sublease, what constitutes. 7-539. Surrender of leased premises by lessee to lessor, effect upon rights of sublessee. 10-424. B. COVENANT AGAINST. Acceptance of rent as waiver of breach of covenant against assignment or subletting. 1913A-1202. Assignment by one colessee to another as breach of covenant against assign- ment. 16-31S. Construction of restrictive covenant against assignment or subletting. 1913B-889. Death of lessee, covenant against assign- ment of lease as affected by trans- mission of his interest by death. 12- 978. Part of demised premises, subletting thereof as violation of stipulation against sublease. 19-953. 8. Denial of Landlord's Title. Attornment as estopping tenant ia posses- sion to deny landlord's title. 4-109. Conveyance of premises by landlord dur- ing tenancy, estoppel of tenant to show. 1912C-349. Estoppel of tenant to deny landlord's title in action by landlord to recover possession of premises. 1912D-101. Possession by tenant prior to lease as working estoppel to deny landlord's title. 4-108; 1913A-1069. Title adverse to landlord, necessity that tenant surrender possession before asserting. 1917D-548. LANDSLIDES. Injury to passenger caused by train mu- ning into, liability of carrier. 17- 8S4. Quarries, trenches and other excavations, liability of master for injuries to servant by landslide. 7-301; 21-708. run- LANGUAGE. Confession offered in language other than that in which it was made, admissi- bility. 1912B-301. [Disorderly conduct or breach of peace, language constituting. 1917C-889. Ignorance of language as rendering em- ployee incompetent. 1912C-96. Publication required by statute, language in which should be made. 14-420; 1912B-632. LAPSE OF LEGACY OR DEVISE. See Wills. LAPSE OF TIME. See Laches; Limitation of Actions; Pre- sumptions. LARCENY. 1. In General. 2. Nature and Elements of Offense. 3. Subjects of Larceny. 4. Character of Taking. 5. Indictment. 6. Defenses. 7. Evidence. 8. Trial and Punishment. 9. Rights in Stolen Property. 1. In General. Automobiles, construction of policy In- suring against loss by theft. 1915A- 629; 1917D-55. Bailee's liability for theft of servant. 4- 1085. Carrier of passengers, liability of car- rier other than sleeping-car com- pany for larceny from passenger by stranger. 1918E-582. Contract to procure compensation for stolen property, validity. 7-1010; 1914A-519. Corporations, liability to indictment for larceny. 1916C-463. Kleptomania, 1914A-886. Libel or slander on imputation of lar- ceny, excessiveness of verdict. 191 3B- 701* 706. LARCENY. 507 LARCENY Continued. necessity that justification be of precise charge. 1918C-1139. Malicious prosecution for larceny, exces- siveness or inadequacy of verdict. 1916C-258, 280. Master's civil liability for larceny by servant. 1-96. Witnesses, larceny as crime for convic- tion of which witness may be im- peached. 1916A-277. 2. Nature and Elements of Offense. Accessory or accomplice of thief, receiver of stolen goods as. 20-594. Distinction between larceny and obtain- ing property by false pretenses. 2 1010. Embezzlement and larceny, distinction between. 13-882. Fidelity insurance, what constitutes lar- ceny by employee. 1917C-427, 429, 450, 453. Husband and wife, larceny between. 2- 37; 1913B-252. Lost property, theft by finder. 20-13SO. Participant in larceny as liable to charge of receiving stolen goods. 1912B- 1211. Possession by person from whom property is stolen, right to possession as af- fecting crime of larceny. 13-495. 3. Subjects of Larceny. "Any goods or chattels," legal meaning of term under larceny statute. 1916E- 41. Bank notes as money within law of lar- ceny. 4-630. Bees as subject of larceny. 1917B-987. Checks, undelivered check as subject of. 18-138. Decoy letter as subject of larceny under postal laws. 4-878. Dogs as subject of larceny. 13-81. Electricity, larceny of. 6-739. Gas, larceny of. 6-739. Railroad tickets, larceny of. 14-179; 1914D-649. LARCENY Continued. Thing kept for unlawful purpose as sub- ject of larceny. 5-798. Water, larceny of. 6-739. Wild animal as subject of larceny. 1917B-971. 4. Character of Taking. Appropriation of valuable property found in property purchased as larceny. 16- 22S. Asportation or carrying away goods, what constitutes within law of larceny. 21-856. Bringing stolen goods from another juris- diction as larceny in forum. 1912A- 392. Lost property withheld by finder for re- ward as larceny. 20-1385. Mislaid property, larceny by finder. 1917D-806. Obtaining possession of property by trick or fraud with intent to steal. 8-287. Personal gain, doctrine of taking for per- sonal gain in law of larceny. 18-824. Taking property under mistaken belief as to ownership and afterward con- verting to own use as larceny. 1912B-340. Trap to catch thief, facilitation of theft as consent to taking. 10-631. 5. Indictment. Animal, description, sufficiency of indict- ment and of proof in support. 17- 735. Articles belonging to different owners, sufficiency of indictment in respect to allegations charging theft. 16- 585. Certainty in description, effect of evi- dence that more certain description could have been given, where indict- ment alleges more certain description of property is unknown. 18-944. Married woman's property, allegation of ownership in indictment or informa- tion. 6-163. Private corporation, company, association or society, sufficiency of indictment with reference to allegations of own- ership. 18-1121. 508 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LARCENY Continued. Property belonging to decedent's estate, pleading and proof as to ownership or possession in prosecution. 20- 1263. Value, necessity of alleging in indictment. 2-857. 6. Defenses. Inducement to commit with view to pros- ecution as defense to such prosecu- tion. 4-875; 10-627; 17-296; 1916C- 732. Intoxication as defense in prosecution. 6-636. Restoration of property or settlement or offer to settle with owner as defense. 1916C-69. i 7. Evidence. Animal, sufficiency of proof with respect to description. 17-735. Corpus delicti, proof by circumstantial evidence. 16-1214. Declarations as to ownership made by per- son accused prior to being suspected, admissibility. 2-303. Financial condition of defendant, admis- sibility of evidence in prosecution. 19-117. Mistaken belief as to ownership, burden of proof in prosecution. 2-192. Other stolen property, admissibility, proof of possession by defendant. 10-1089. Property belonging to decedent's estate, proof as to ownership or possession. 20-1263. Value of article stolen, proof to deter- mine degree of larceny. 1912A-S95. 8. Trial and Punishment. Cruel and unusual punishment for larceny. 19-729; 1918B-399. Instructions, duty of court, upon request, to instruct as to law of circumstan- tial evidence in prosecution wherein it is shown that defendant had pos- session of stolen property. 8-796. Verdict of conviction, necessity for stat- ing value of property. 19-687. LARCENY Continued. 9. Rights in Stolen Property. Bills and notes, title and right of bona fide holder of stolen negotiable in- strument. 13-1172; 1916A-603. Civil action against thief for recovery of stolen goods. 19-647. Stock certificate, right of owner to re- cover same from innocent purchaser from thief or finder. 1913C-1117. Title to stolen personalty as acquired by lapse of time. 19-751. LARD. Sale of lard or lard substitute, validity and construction of statute regulating. 1916B-1169. LARKING OR JOKING. Accident arising out of and in course of employment within Workmen's Com- pensation Act. 1913C-11, 12, 18; 1916B-1297, 1300, 1303, 1304; 1918B- 774, 789, 795. LAST CLEAR CHANCE. Collision between street-car and automo- bile, application of doctrine. 1916E- 515. Concurrent negligence of plaintiff as de- feating recovery under doctrine. 1912B-8S8. Kailroad's liability for injury to person other than servant on its bridge or trestle. 1914D-1218. Standing or walking so close to railroad track as to be injured by passing train, application of rule in case of. 1912B-1245. Stopping or leaving vehicle in dangerous place in street, application of doc- trine. 1917C-1239, 1243. LATENT DANGER. Assumption of risk doctrine as applicable to lineman. 1912B-471. Burden of proof of knowledge of latent danger by employee. 11-116. LATENT DEFECT LAWYERS. 509 LATENT DEFECT. Implied warranty against on sale by sam- ple. 1917C-323. LATERAL SUPPORT. See Adjoining Land Owners. LAUNDRIES. Aliens, discrimination against in regula- tion of laundries. 21-981. Hours of labor, restriction in laundries. 21-977. License fees, imposition on laundries. 21- 978. Mangles, injury to servant operating, lia- bility of master. 17-1104. State or municipal regulation. 21-975. LAVATORIES. Public lavatory constructed in street as nuisance or as entitling abutting owner to compensation. 1918D-906. LAW. See Constitutional Law; Statutes. Mistake of law as ground for annulment of compromise. 1916D-347. law of foreign jurisdiction, right to equitable relief from mistake. 1914C- 1264. Ordinance as law. 1917C-687; 1918B- 278. Practicing law, what constitutes. 18-658. "Profession" or "professional," legal meaning of term. 1913E-242-. LAWFUL ACTS. Malicious motive as not rendering un- lawful. 1-250; 16-810; 1912D-798; 1916C-438. LAWFUL HEIRS. Meaning of term as used in will. 1917C- 1156. LAW-MERCHANT. Judicial notice of usages and customs of law-merchant. 12-431. Law-merchant as part of common law. 1913E-1228; 1918A-971. LAW OF CASE. Decision of appellate court upon suffi- ciency of evidence to prove fact in controversy as res judicata on second appeal. 6-791. Instructions not excepted to as law of case on appeal. 1913D-300. LAW OF PLACE. See Conflict of Laws. LAW OF ROAD. Automobile and street-car traveling in same direction. 1913E-1121. rights and duties of persons driving automobiles- in highways. 13-463; 21-648. Compliance with in turning to right, how far vehicles must turn. 5-148. Crossings, law of the road. 1-164. Pedestrians, automobiles on highways, rights and duties of pedestrians. 4- 400. vehicles in highways, rights and duties of pedestrians. 4-398; 1914A-249. Playing in highway, law of road as ap- plicable to. 1917C-454. Eight of way in streets, validity of statute conferring on particular vehicles. 1915A-93. Vehicles going in same direction. 1913A- 833; 1918E-562. LAW PARTNERSHIP. Effect of death of member upon executory contracts. 1-401. LAW REPORTS. Copyright protection, extent of. 17-961. LAWYERS. See Attorneys. 510 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LEADING QUESTIONS. Discretion of trial court as to permitting. 17-840. Privilege of court to ask in examination of witness. 6-479. LEAD POISONING. Accident arising out of and in course of employment within Workmen's Com- pensation Act. 1918B-7S8. LEASES. See Landlord and Tenant; Mines and Minerals. LEATHER DEALERS. Trade, leather dealer as engaged in. 1916A-1200. LEGAL EXECUTION. Life insurance, effect of incontestable clause in policy in case of legal exe- cution. 1917D-1183. LEGALLY DUE. Legal meaning of term. 191SE-790. LEGAL REPRESENTA- TIVES. Meaning as used to designate beneficiaries in insurance. 21-1271. LEGAL SERVICES. See Attorneys. LEGATEES. See Wills. LEAVE OF ABSENCE. Municipal corporation, power of authori- ties to grant officer or employee leave with pay. 1915B-796. School, power to grant officer or employee leave with pay. 1915B-796. LEGISLATURE. 1. In General. 2. Powers. 3. Committees. 4. Enactment of Laws. LEAVING SEAT. Passenger leaving seat before train stops at destination as contributory negli- gence. 4-750; 1914A-636. LEAVING WORK. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1913C-25; 1916B- 1314 j 1918B-814, 819. LEDGERS. Admissibility in evidence. 2-845; 1917C- 965. LEGACIES AND LEGATEES. See Wills. LEGACY TAXES. See Inheritance Taxes. 1. In General. Absence of counsel because of attendance on legislature as ground for continu- ance. 1913C-431. Adjournment of legislature, what consti- tutes. 1915B-774. Contract with state in which member of legislature is interested, validity. 1916A-237. Delegation of legislative power, adminis- trative board vested with authority to determine qualifications of licen- sees. 2-427. civil service commission. 1913B-1008. insurance commissioner. 6-91. public office, delegation of power to create. 18-489. Estoppel of state to question validity of de facto corporation by legislative enactment recognizing it. 12-261. Food, injurious nature of ingredients, conclusiveness of legislative deter- mination. 1914A-1157. LEGISLATURE. 511 LEGISLATURE Continued. Process, service of civil process on mem- bers. 2-615; 1917B-641. Procurement of legislation, contract for contingent compensation, validity 6-218; 1916E-948. validity of contract requiring, as inci- dent to full performance, procure- ment of legislation. 16-850. Session of legislature, time as computed by exclusion or inclusion of Sunday or holiday. 1917E-943. special or extra session, validity of legislation. 21-409; 1915C-475. 2. Powers. Attorneys, qualifications for admission to bar, power to determine. 10-198. Constitutions, amendment proposed by legislature, power of courts to deter- mine validity of action. 1914B-925. new constitution, power of legislature to formulate and submit to people. 1915C-240. Contempt by person other than witness, power of legislature to punish. 1918B- 378. power of legislature to punish witness for contempt. 7-877; 1916B-1118. regulation of contempt, power of courts as within legislative control. 16-759. Courts of record, power to create or abolish. 1913C-1160. Dower, legislative control of inchoate dower. 12-191. Drainage and reclamation districts, power of legislature to create. 1915C-9. Elections, primary election laws, power of legislature to pass. 12-73. qualifications of voters, legislative power to define. 7-665. Expulsion of members, power of legisla- ture to expel. 2-759. Judgments of courts, legislative power to validate or invalidate. 2-241. Martial law, power of legislature to de- clare. 1914C-24. Public officers, constitutional limitation as to powers with respect to. 1912D-334. delegation of power to create public office, right of legislature. 18-489. LEGISLATURE Continued. qualifications of public officers, power of legislature to define. 19-743; 1915 A- 343. term of incumbent of public office, power of legislature to extend. 13-160. Taxation, direct assessment of property by legislature, validity. 11-720. "Waters and watercourses, power to de- clare water navigable. 1912D-1091. 3. Committees. Committee to sit after adjournment of ses- sion, power of legislature to appoint. 11-649; 1916B-1147. Contempt, power of committee to punish witness for contempt. 7-877; 1916B- 1118. Investigating committee, general powers and privileges. 1916B-1055, 1070, 1110. Power of investigating committee ap- pointed at special session of legisla- ture. 1916B-1110. Witness testifying before committee, privi- lege from liability for slander. 6-803; 1916B-1114. 4. Enactment of Laws. Approval of bill, right of executive to with- draw. 13-230. Curative statutes, limitation on power of legislature to pass. 1914B 464. i power to enact curative statute as af- fected by commencement of action in reference to matter sought to be cured. 11-694. Extra or special sessions, validity of stat- ute passed. 21-409; 1915C-475. Impeachment of act of legislature by refer- ence to legislative journals. 20-350; 1918D-253. Joint resolution as having force and effect of law. 18-706. Journals, judicial notice of contents on is- sue as to enactment of statute. 20- 449; 1916E-1284. mode of entering proposed constitutional amendments. 3-756. right of legislature to amend or correct journals. 21-814. Judicial inquiry as to policy or motives of legislation. 1-570. 512 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LEGISLATUEE Continued. Liberty of speech or press, legislative re- straints. 15-8. Eeconsideration of vote on bill or resolu- tion, power of legislature. 1913B-611. Signature of presiding officers to bills passed by legislature, necessity of. 4- 905. Special laws, necessity of enactment in given case as within province of legis- lature to determine. 6-926. Time for return of bill by governor as com- puted by exclusion or inclusion of Sun- day or Holiday. 1917E-943. Veto by governor of bills, passage over veto as requiring signature of presid- ing officers. 4-906. LEGITIMACY. See Bastardy; Illegitimacy. LEGS. Excessiveness or inadequacy of verdict for injury to leg. 16-11; 1913A-1364; 1916B-476. Exhibition of leg to jury, right of plain- tiff in personal injury case. 1913D- 248. Loss of one or both legs, or in conjunction with other injuries, what is excessive verdict. 1913A-1363. LENGTHY INSTRUC- TIONS. Propriety of requesting or giving. 1918A- 1091. LETTER-HEADS. Evidentiary effect of use of printed letter- head. 1917B-271. Written matter as controlling printed mat- ter in construction, of contract. 1913E-967. LETTER OF RECOM- MENDATION. Liability of person giving letter to person suffering loss by reliance thereon. 1916B-378. LETTERS. Anonymous letter, sending as criminal of- fense. 1917C-699. Attorney's lien on letter or writing in his possession in connection with litiga- tion. 1917D-149. Authenticity of letter received in reply to letter, presumption as to. 11-887; 1917D-925. Copyright in letters after writer's death. 3-1116. Decoy letters as subject of embezzlement or larceny under postal laws. 4-878. Failure to answer letter as admission of truth of statement. 1914B-788; 1915D- 198. Husband and wife, letters between as ad- missible in evidence against writer. 9-915; 1912B-1001; 1915B-427. Libel, publication through letter addressed to person defamed. 1-190; 11-425. Mailing of letter, sufficieicy of evidence to show. 19-651; 1917E-1076. Publication of private letters, right to re- strain. 1912D-555; 1915B-105. Receipt of letter, presumption of. 1917E- 1058, 1072; 1918E-510. rebuttal of presumption of receipt of letter. 4-956; 1912D-1065. Self-serving letter sent in general course of business, admissibility in evidence. 1917D-790. Threatening letter, what is within statute prohibiting sending thereof. 1912B- 457. Witness, competency of interested witness to testify as to letter passing between himself and person since deceased. 21-1216; 1916E-747. hearing letter read as rendering witness competent to testify to contents. 1916C-1182. LETTERS OF CREDIT. National bank as guarantor of payment of future account, liability. 19160-559.** What is letter of credit, 1912C-75. LETTERS TESTAMENTARY. See Executors and Administrators. LEVEES LIBEL AND SLANDER. 513 LEVEES. Land acquired for levee by condemnation as giving easement or fee. 20-571. Statutes, effect of partial invalidity. 1916D-50. Torts, liability of levee district. 15-908. LEVELING- LAND. Changing level of land as waste. 1918D- 547, 554. LEVY. , See Attachment; Execution; Taxation. LEWDNESS. See Disorderly Houses; Prostitution. LEX LOCI CONTRACTUS. See Conflict of Laws. LEX LOCI REI SITAE. See Conflict of Laws. LEX SITUS. Wills of realty controlled by. 2-591. LIABILITY INSURANCE. Automobile insurance against liability of owner. 1915A-634; 1917D-61. Costs, counsel fees, etc., incurred in de- fending suit, right of insured in policy to recover where insurer fails to de- fend. 1913E-111. Defendant other than master insured against liability, admissibility of evi- dence, or propriety of comment on fact of insurance. 1914A-948. Estoppel of company to deny liability under contract. 1912D-909. Insurance of employer against liability to employees as inuring to benefit of lat- ter. 1912C-155. Jury's right to consider fact that emplyer is insured against accidents to em- ployees. 3-554; 9-323; 1913C-359. Limitation on time to bring action, validity and construction of stipulation in policy. 9-164. Notice of accident, construction and effect of condition in policy requiring in- sured to give insurer notice. 11-258; 1914A-271. Index to Notes 33 LIABILITY OVER. Abutting owner as liable for damages paid by city. 1-945; 15-1047. LIBEL AND SLANDER. 1. In General. 2. Defamatory Words and Acts. A. IN GENERAL. B. IMPUTATION OF CRIME. C. IMPUTATIONS ON PEOFES SIGNAL PER- SONS. D. CRITICISMS. E. DISPARAGEMENT or PROPERTY. 3. Publication. 4. Privileged Communications. 5. Persons Entitled to Sue. 6. Persons Liable. 7. Parties to Actions. 8. Defenses. 9. Pleadings. 10. Evidence. 11. Damages. 12. Slander of Title. 1. In General. Corporation, criminal liability for libel. 5- 551; 1916C-463. Cruel and unusual punishment for criminal libel, what is. 19-730. Injunction against publication of or to compel retraction of libel. 1916D- 1088; 1917D-657. Judgment for libel or slander as affected by discharge of defendant in bank- ruptcy. 3-169; 12-1011. Jury empowered to determine law and facts, construction of constitutional or statutory provision. 1915D-1261. instructions, effect of erroneous instruc- tion when jury are judges of law. 3- 552; 1915D-1273. Liberty of speech and press as authorizing libel or slander. 15-6; 1915B-1184. Limitation of action, running of statute against action. 1917C-64. Malicious prosecution of libel or slander, excessivencss or inadequacy of verdict. 1916C-260. Statute making slander offense as violating constitutional liberty of speech and press. 1915B-1186. 514 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIBEL AND SLANDER Continued. Survival of action for libel or slander. 6- 513. Venue of action or criminal prosecution for libel or slander. 9-382; 1915A-697. Witnesses, libel as "crime" for conviction of which witness may be impeached. 1916A-277. 2. Defamatory Words and Acts. A. IN GENERAL. Blacklisting person as delinquent debtor, communication by one member of credit association to other members as libelous. 1-474; 11-57. Cartoon in newspaper as libel. 1917E-190. Charge that person was whipped as libelous or slanderous. 1913D-260. Conflict of laws, presumption of similarity of statute law of another state. 1- 460. Deceased person, liability for defamation of. 1917E-234. Disease, imputation as actionable. 1914A- 1255; 1914D-151. Foreign belligerents, charge of attempting to supply munitions of war to as ac- tionable. 1915C-768. "Humbug," calling person as libel or slan- der. 1913B-256. Immoral conduct, imputation to man as libel or slander. 1917A-1043. Insanity, imputation of insanity as action-' able. 1918E-101. Insolvency, imputation to business man as slander. 8-213. Intoxicating liquors, charge of selling or buying intoxicating liquors as action- able per se. 1913C-316. Nontrader charged as owing debt and re- fusing to pay as libel per se. 8-844; 1914B-712. Photographs, publication of person's as that of another as libel. 9-866; 16- 1077. Statement in response to extra judicial as- sertion of civil liability as actionable. 1916E-633. Title or headline, significance in determin- ing whether article is libelous. 13- 375; 1914D-96. Unchastity, charging woman with, as ac- tionable per se. 15-1242. LIBEL AND SLANDER Continued. "Unfair list" of labor union, publication that employer has been placed on, as libelous. 15-677; 1918B-570. White person as negro, publishing or speak- ing of white person as negro as libel or slander. 4-6S9; 1913B-1156; 1915C- 927. Wills, effect of defamatory words. 1914C- 889. Woman, words holding her up to ridicule as actionable. 1914A-1127. B. IMPUTATION OF CRIME. Burning property or arson, charge as libel or slander. 17-273. Charge that person "took" something. 1912B-409. Cheating, accusing person of cheating as actionable per se. 1912C-1266. Robbery, charge of as libel or slander per se. 5-855. C. IMPUTATIONS ON PROFESSIONAL PERSONS. Clergyman or other representative of re- ligious organization, utterance other than statement from pulpit as action- able. 1918C-780. imputation on clergyman as libel or slan- der. 20-718. Lawyer, imputation upon as libel or slan- der. 1912A-376. Physician, imputation of ignorance, incom- petency, etc., to physician, dentist or druggist as libel or slander. 20-482. Practicing profession in violation of stat- ute, right of person to recover for libel or slander in connection with such practice. 1912C-893. D. CRITICISMS. Dramatic criticism as libel or slander, 1912B-985. Literary criticism as libel. 1-330; 6-140. Political criticism as libel or slander. V914C-985, 989, 997; 1916A-600; 1917A-306; 1917D-694. E. DISPARAGEMENT OF PROPERTY. Defamation of real property as actionable wrong. 9-818. Disparagement of property or of manufac- tured articles, as libel or slander. S 810; 1914B-S41; 1914D-1151. LIBEL AND SLANDER. 515 LIBEL AND SLANDER Continued. Imputation of disorderly character to house as actionable. 1916B-755. 3. Publication. Letter addressed to person defamed as pub- lication. 1-190; 11-425; Procuring publication of libel in news- paper, liability for. 1913D-13. Publication invited or procured by plaintiff as sufficient to support action. 1913A- 620. Stenographer, communication to stenogra- pher as publication of libel. 1-103; 7- 196; 1917E-987. 4. Privileged Communications. Attorneys, communications between at- torney and client as privileged. 1912A-479. statements made in judicial proceedings as privileged. 7-603; 1917E-169. Character of domestic servant, statement with respect to as privileged. 1917A- 342. Charge against public officer, falsity as af- fecting privilege against prosecution for libel. 3-649; 1916A-600. Clergyman's statement from pulpit as priv- ileged within law of slander. 1913A- 340. Comment on matter of public interest. 1917B-409, 450; 1917D-266; 1918E- 165, 1011. Complaint against public officer or em- ployee to person or body having power in matter. 19-1196; 1913C-824; 1917C-29; 1918B-977. Conversation overheard by third person as affecting privileged character. 1917E 699. Creditors, communications by or between creditors as privileged. 1915B-132. Crimes, communication to peace or prose- cuting officer concerning commission of crime as privileged. 7-113, 531. Dictation to stenographer as affecting char- acter of communication naturally privileged. 7-196. Fiduciary, statement with respect to sub- ject matter of trust as privileged. 1917B-227. Grand jury report as privileged. 1918E- 1196. LIBEL AND SLANDER Continued. Insurance company and agent, communica- tion between, as privileged. 1913C- 616. Investigating committee, privilege attend- ing publication of report of proceed- ings. 1916B-1065. Judges, utterances as privileged against prosecution. 4-433. Malice, burden of proving where com- munication is privileged. 7-844; 1913C-1072. Mercantile agency report as privileged within law. 12-149; 1916D-764; 1916E-547. Petition for legislative or executive action. 1918A-462. Pleadings before they come before court, publication as privileged. 11-162; 15- 618; 1915A-129. charging commission of acts in foreign jurisdiction in pleading as privileged. 1-198. statements by party in civil action as privileged within law. 12-1025; 1913D-444. Privileged occasion and privileged com- munication, distinction, between. 7- 846. Public officers, communication regarding public officer made to person not hav- ing authority in matter as privileged. 14-106. complaint against officer to person or body having power in matter as privi- leged. 19-1196; 1913C-824; 1917C- 29; 1918B-977. Question of law or fact, privileged com- munications as. 10-1152. malice, existence as question of fact. 10-1154. Eelatives, communication to relative or member of family as within rule of privilege. 1917E-895. Report of judicial proceedings, what pro- ceedings are within rule of privilege. 1915 A-36; 1918C-1196. Stockholders in corporation, communica- tions by or between as privileged. 10- 272. "Unincorporated association reporting to member on commercial standing and credit of trader. 1915B-312. 516 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIBEL AND SLANDER Continued. Witnesses, court proceedings, testimony as privileged within law. 15-773; 1918 A 822. legislative committee, testimony of wit- ness as privileged. 6-803; 1916B- 1114. privilege as to utterances made before or after testifying. 3-127. 5. Persons Entitled to Sue. Class defamation, right of one of class to sue for libel or slander of class. 8- 135; 14-329; 1915C-352. Corporations, right to sue for libel or slan- der. 5-550. Identity of name as giving right of action where publication was not intended to refer to plaintiff. 16-168. 6. Persons Liable. Beneficial association, liability for defama- tion by agent. 1918D-484. Corporations, liability for libel or slander. 9-443; 17-622; 1917D-967. Editor or manager of newspaper or periodi- cal, liability for libel published therein. 7-457. Executor or administrator, personal liabil- ity to third person for libel. 21-357. Joint liability for slander. 3-312. Joint libelants as joint trespassers. 1- 875. Master or principal, liability for libel or slander by servant or agent. 21-343. Partnership, liability for. 21-484. Eepublication or repetition of libel or slander by others, liability of author. 1916E-908. School board, liability of school board or superior officer for libel or slander of teacher. 1913E-195. Separate actions for separate statements of same libel or slander by same person, right to maintain. 1917A-250. Telegraph company, libelous message, liability for receiving and transmit- ting. 9-697; 1913A-538. 7. Parties to Actions. Intervention in action for libel or slander, right of. 1913B-640. LIBEL AND SLANDER Continued. Joinder of defendants in action for libel. 1912A-215. 8. Defenses. Counterclaim for libel or slander in action for libel or slander. 3-487. Insanity as defense in action for libel or slander. 4-573. Intoxication as justification or mitigation for slander. 1916E-564. Justification, broad as charge, necessity that it be. 1918C-1088, 1122, 1126. precise charge, necessity that justifica- tion be addressed to. 3-528; 1918C- 1131. Mistake in naming or describing plaintiff as defense. 1914D-536. Previous libel or slander of defendant by plaintiff as defense to action. 18-72. Truth alone as complete defense in civil action for libel. 17-761; 1918C-335, 1088. criminal prosecution, truth as defense. 21-832; 1916A-429. 9. Pleadings. Averments of publication and of time and place, sufficiency of complaint in ac- tion for slander. 1918B-504. Bill of particulars, right to in action. 1915C-1266. Connecting plaintiff with defamatory mat- ter, sufficiency of complaint in respect to allegations. 13-380. Exact language of defamatory statement, necessity that complaint should set out. 9-495. Foreign language, pleading of libel or slander. 6-731. Inconsistent defenses in action for libel or slander. 1917C-737. Justification, necessity for pleading spe- cially. 1913E-704. Mitigation of damages, necessity of plead- ing matters specially. 10-219; 1914D- 897. 10. Evidence. Bad character of plaintiff, nature of evi- dence admissible to prove in civil ac- tion for slander or libel. 19-986. LIBERTY OF SPEECH AND PRESS LICENSEES AND INVITEES. 517 LIBEL AND SLANDER Continued. Domestic relations of plaintiff, social standing and pecuniary condition, ad- missibility in evidence. -768. Peelings of defendant for plaintiff or lat- ter's feelings toward him, admissibil- ity of testimony by defendant. 16- 748. 'Financial circumstances of defendant, ad- missibility of evidence. 1915B-1158. Foreign language, proof of libel or slan- der in. 6-731. Identity of person defamed, admissibility of testimony of readers or hearers of libel or slander as to their under- standing. 1917C-36. Opinion of witness as to meaning or ef- fect of words used, admissibility. 18-833. Power of court to pass on admissibility of evidence where jury have power to determine law and facts. 1915D- 1268. Provocation, admissibility of evidence in mitigation of damages. 4-D23. Quantum of proof required to establish justification in civil action. 7-1158. Eecord of court or other tribunal as ad- missible on issue of truth of charge in action for libel or slander. 1915D- 890. Repetition of slander or libel after com- mencement of action, admissibility on question of malice. 12-103. Retraction, admissibility of evidence in reduction of damages. 15-84. Truth of charge, evidence admissible on issue. 1915D-R90, 906, 907. 11. Damages. Counsel fees, recovery as damages. 1G- 514. Excessiveness of verdict, what is. 1913B- 700; 1916D-1175. Exemplary damages, functions of court and jury in allowance. 14-823. Failure to establish defense of justifica- tion as matter to be considered in estimating damages. 1914D-1059. Lawyer, damages for libel or slander of lawyer. 1912A-381. LIBEL AND SLANDER Continued. Loss of election or appointment to office as element of damages. 1918B-1129. Mental or physical suffering, right to re- cover damages for. 1914C-291. 12. Slander of Title. Burden of proof in action for slander of title of realty. 1913C-1362. Damages recoverable for slander of title. 21-221. Malice / as essential element of cause of action. 1916D-317. Patents, jurisdiction of state court of proceeding involving slander of title. 1916B-806. Who may sue for slander of title to realty. 1913C-1360. LIBERTY OF SPEECH AND PRESS. Constitutional grant. 15-3; 1915B-1183; 1918B-941. LIBRARIES. Condemnation of land for public library. 1918E-122. Municipal power to take property as trustee for library. 17-748. LICENSEES AND IN- VITEES. Condition of premises, duty of land owner to licensee with respect to changing. 1915D-326. Dangerous machinery injuring infant li- censee or invitee, liability of owner of premises. 1913A-115. Distinction between licensee and invitee. 1913C-570. Duty of owner of premises to licensee. 1-209. Elevators, injury to licensee using ele- vator as affecting liability of propri- etor. 1912D-532. Excavation, liability of owner of land to adult licensee who falls therein. 1913C-750. 518 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LICENSEES AND INVITEES Continued. Fires, liability of licensee in possession of property for damage by fire. 1918D-378. Improvements by licensee as subjecting realty to mechanic's lien. 11-1088; 19-736. Invitee temporarily following purpose of his own, duty of owner of premises. 17-591. Loading or unloading cars, persons as not bare licensees. 1-601; 12-119. Parol contract for sale of growing trees as revocable license. 9-193; 18-971. Person going upon premises for purpose of selling things to occupant, liability of owner. 19-425. Prospective tenant or purchaser, member of his family, visiting premises for purpose of inspection, liability of owner. 1916A-988. Public officer who goes on train or prem- ises in discharge of official duties, lia- bility of carrier or owner of prem- ises. 9-1123; 21-499; 1914B-51S. Eailroads, bridges and trestles, liability of railroad for injury to licensee. 1914D-1213. fire injuring licensee's property on right of way, liability of railroad. 1915A- 499. implied license to use railroad right of way to travel upon. 2-549; 20-141. running train on wrong or unusual track, liability of railroad to licensee injured thereby. 1917A-937. Eevocability of executed license on faith of which licensee has incurred ex- pense. 2-787; 7-706; 13-843; 1913 A- 74; 1914C-920. Search of employment, liability of owner of premises to person injured thereon while so engaged. 1914C-280. Stores, liability of proprietor for injuries sustained by licensee falling into opening on premises. 1913C-569. Wharves, docks, or piers, right of licensee to recover damages for injuries sus- tained on defective wharf. 1916C- 149. LICENSES. 1. In General. 2. Particular Cases. 3. Failure to Procure License. See Intoxicating Liquors.. 1. In General. Aliens, effect of license on right of alien enemy to sue. 1918C-720. certain occupation confined to citizens <5f United States, validity of li- censing statute or ordinance. 11-516. "Assigns" as including licensee. 1913B- 738. Burden of proof as to whether person is duly licensed to practice profession or do business other than sale of liquor. 1915B-416. Citizens of United States, validity of stat- ute or ordinance confining license to engage in certain occupation to that class of persons. 11-516. Classification of municipalities according to population for license tax purposes. 15-860. Corporations, right to practice profession or trade for which license required. 12-674; 19-S82. Exemption of veterans from license taxes, validity of statutes. 9-1005; 1915C- 705. Fees paid, recovery back when license fails without fault of licensee. 17- 187. Franchise and license granted to corpora- tion, distinction between. 1916B-210. Inspection fee levied under police power as occupation tax. 1913C-593. Interstate commerce, state taxation of business or occupation as" attempted regulation. 2-701; 14-865; 1916B- 496. Mandamus to control action of board in matter of granting professional. 16- 183. Municipal corporations, power to impose license fees. 2-313. Omission of occupation from enumeration of taxable occupations in constitution as affecting power to tax. 19-270. LICENSES. 519 LICENSES Continued. "Person," as including private corpora- tion. 20-741, 745; 1914A-1309. Prohibited business, right to collect li- cense tax from person engaged in. 15-1068. Qualifications of licensees, conferring on administrative boards authority to de- termine as delegation of legislative power. 2-427. Statute imposing license tax, effect of partial invalidity. 1916D-89. relating to licenses, effect of partial in- validity. 1916D-56. Tax or fee due but not paid, effect of repeal of statute imposing. 1913E- 471. Uniformity, power to tax occupations as affected by constitutional requirement that taxes be uniform. 2-325; 15- 986. 2. Particular Cases. Architects, license regulations. 1914B- 1224. Attorneys, validity of tax on occupation. 1912A-599. Auctioneers, validity of tax or fee im- posed. 1915B-S15. Automobiles, interstate commerce as af- fected by law imposing license fee on automobiles using highways of state. 1912D-239. license number on motor vehicle as evi- dence of ownership. 1916D-1163; 1918E-737. state statute licensing automobiles as precluding imposition of municipal tax or license fee. 1914D-483. Barbers, statutory regulation. 15-260; 1913D-396. Billiard and pool tables, power to license. 11-66; 1913D-1054. Boilers or steam machinery, license to operate. 1915D-847. Breeding animals, licensing of animals kept for purpose. 1916A-566. Commission .merchants, validity of state or municipal regulation. 1917B 631. Dance-halls, licensing public halls. 1915C- 1110. Detectives, validity of stntute licensing private detectives. 1917A-5S1. LICENSES Continued. Dogs, validity of ordinance imposing tax on privilege of keeping dog. 1912D- 879. Druggists and pharmacists, statutes re- quiring lieease, validity. 10-400. Employment and emigrant agencies, tax- ation by license fees, validity. 5- 326. Foreign corporations, imposition of license tax or fee. 3-632; 1913C-812; 1916C-1248; 191SC-620. Gaming, imposition of tax as legalizing. 4-575. Hawkers and peddlers, validity of tax or fee as regards uniformity. 1918E- 109. what is reasonable tax or fee imposed on peddler or hawker. 1914D-938. who is hawker or peddler within li- censing statute or ordinance. 1912D- 1289. Horseshoers, license regulations. 1-930. Hotels, lodging or rooming houses or the like, validity of statute or ordinance licensing. 1916C-290. refusal to renew on ground of violation of Civil Eights Act. 9-74. Hunting license, validity of statute re- quiring license to hunt game. 1916C- 134. Insurance agent or broker, validity of statute licensing. 1914B-266. Itinerant physicians or venders of drugs. 1913D-1242; 1917A-1093. Junk dealers, validity of statutes. 16- 722; 1914B-75; 1918E-198. Laundries, validity of license fee regula- tions. 21-97S 1 . Loaning money on chattel security, occu- pation tax, validity of statute impos- ing. 1914B-1197. Markets or market stalls and stands in public street, power of municipality to establish or license. 1914D-352. Marriage, validity when without license required by statute. 7-784; 14-953. Meat dealers, validity of statute requir- ing license. 1918D-533. Milk sales, validity of ordinance impos- ing license. 4-120. 520 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LICENSES Continued. Moving-picture shows, power to license. 1913E-1306; 1916C-303. Nonintoxicating liquors, tax on business of selling, validity of statute or ordi- nance imposing. 1914C-841. Orders for foreign goods or services, state taxation of business of taking orders as attempted regulation of interstate commerce. 2-701; 14-865; 1916B-496. OsteopatMsts, necessity of license to prac- tice. 1-51. Owner of premises extracting mineral or turpentine therefrom or cutting tim- ber thereon, validity of license tax. 1918A-678. Pharmacists and druggists, license regula- tions for sale of poison. 20-496. Physicians and dentists, requiring licenses taken out as impairment of vested rights of previous practitioners, con- stitutionality of statute. 5-1005; 19- 833; 1914B-399. revocation of license, validity and effect of statute authorizing. 7-752; 1912 A- 634; 1915D-1194. Pipe-laying in streets, power of munici- pality to impose fees for. 10-1103. Plumbers, validity and interpretation of statutes imposing tax. 7-5SO; 18- 181; 1913E-1081. Speaking or publishing, tax upon as re- straint upon liberty of speech or press. 15-10. Stationary engineers, validity and con- struction of statute or ordinance li- censing or regulating. 1915A-1017. Teachers, right to appeal to courts to in- terfere with revocation. 14-298. Transient merchants, state or municipal regulation. 1917E-505. Vehicles using streets for carrying per- sons or property for hire, power of municipality to impose license tax. 5-908; 14-545. 3. Failure to Procure License. Attorneys, practicing law without license as contempt of court. 1917B-1200. Automobiles, failure to comply with stat- utory regulations as affecting rights and liabilities of owner or driver. 18-242; 1914A-128; 1918D-S47. LICENSES Continued. Brokers, failure to procure license as af- fecting right to recover commissions. 5-897; 1912D-378. Indictment for violation of license stat- ute, right to join two or more de- fendants. 1918A-571. Personal liability of agent conducting other than liquor business without li- cense required by statute. 1913B- 860. Practicing profession in violation of stat- ute, right of person to recover for libel or slander of him in connection with such practice. 1912C-S93. Eight of person entitled to license or evi- dence thereof to do act for which license is required. 1917B-145. Stock broker, failure to procure license as affecting right to recover ad- vances. 1915B-921. LIENS. 1. In General. 2. Persons Entitled to Lien. 3. Priorities. See Judgments; Mortgages; Taxation; Vendor and Purchaser. 1. In General. Alimony decree as lien on realty. 9-90; 18-565; 1914D-888. Assignability of lien for repairs. 1916A- 619. Attachment, divestiture of lien by subse- quent occupation of land for home- stead purposes. 1913B-1149. Automobiles, lien for repairs or storage. 1916A-630. Building contract, stipulation against lien, effect as to subcontractor. 14 144. Chattel mortgages, independent action on debt secured as affecting lien. 1912A-828. removal of property from place of record, effect on lien. 12-947. tender of debt after default, effect on lien. 15-495; 1914C-276. waiver of lien by attachment. 4-487; 17-957. LIENS. 521 LIENS Continued. Confusion of goods subject to lien, tor- tious or wrongful confusion. 1913E 66S. Corporations, by-law creating lien on stock, validity. 19-704. foreclosure in equity of lien on stock in favor of corporation. 1912A-53. provision in charter, statute or by-law creating lien in favor of corporation, validity and effect. 3-188; 1918D- 369. Dower, interest as subject to implied vendor's lien. 21-952. Executions, territorial extent of lien. 1913E-198. Exempt property, statute forbidding creation, as preventing transfer of exempt property in payment of debt. 1912A-671. Garnishment, lien as affected by bank- ruptcy of principal debtor. 18-382. Horseshoer's lien, assignability. 1916A- 619. Improvement of land, payment of money for purpose as creating lien. 9-249. Inconsistent defenses in action growing out of lien on realty. 1917C-736. Landlord's lien as divested by bank- ruptcy or insolvency of tenant. 15 386. Lienor as purchaser pendente lite. 191SC- 62. Owelty allowance in partition as lien on land. 1914A-654, 656. Pledge, loss of lien by temporary return of chattel to owner. 1912B-1004. Receivers, lien of certificates. 1913C-53. Replevin, right to show lien under general denial. 20-299. Specific performance, existence of lien as defense to action. 1913A-717. Waiver of mechanic's lien by extension of credit. 20-522. Waste by owner of realty, lienor's right to restrain. 13-89. 2. Persons Entitled to Lien. Animals, lien for breeding service. 1916A-580. LIENS Continued. Attorneys, client as trustee, effect on at- torney's right of lien. 12-778. constitutionality of statute giving at- torney lien on cause of action. 8- 709; 1913C-69. forfeiture of lien by voluntary with- drawal from case. 1913E-540; 1917D- 147. judgment, extent of attorney's lien on judgment. 1916E-387. land which is subject matter of liti- gation, lien for attorney's fees. 9- 625. papers in attorney's possession con- nected with litigation, lien on. 1917D-147. tort action, lien of attorney as extend- ing to. 1917D-917. Banks, deposit as subject to lien for debt due bank from depositor. 2-206; 19- 487. depositor's debt not yet due, lien of bank on deposit. 1915A-68S. insolvent bank's lien on deposit for debt of depositor not yet due. 1917C- 1205. national bank, right to lien on stock. 7-287. Boarding-house or lodging-house keeper, lien on effects of boarder, lodger or guest. 1914D-837. Carriers, demurrage charges, lien of rail- road company. 4-15. deviation of route as affecting right to lien. 15-79. ' extinguishment of lien for freight by delay in delivery or injury to goods. 9-794. goods tortiously delivered to carrier, lien for charges. 3-1095. waiver of lien by delivery to con- signor's agent on promise to retain goods until payment of freight charges. 7-961. Factors, lien for commissions as depend- ent on possession. 3-644. Farm laborer, right to lien on crops. 20- 356. Husband and wife, right of one spouse to lien for improvements made on lands of other. 14-1178; 1912A-1194. Innkeepers, lien on property of third per- sons in possession of guests. 3-626; 12-404. 522 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIENS Continue d. Joint adventurer's lien. 17-1023. Laborers, subrogation to laborer's lien by person advancing money to pay wages. 10-211. who is "laborer" within statute. 1913B- 138. Loggers, by whom and for what labor or service lien may be claimed. 1916C 198. Lost property, right of finder to lien for reward offered. 1913B-1277. Ships and shipping, construction of vessel, lien for. 1915D-47, 54. demurrage lien of carrier by water, right in absence of contract. 5-38S. Stock broker, lien on stock procured by him for customer. 21-743; 1915B- 923. Storage of goods, right to lien in absence of agreement or statute authorizing lien for private storage. 1913D-1300. Tenant in common, lien on property for rents and profits received by coten- ant. 16-94. Threshers' liens, constitutionality of stat- utes. 11-1003. laborer on threshing-machine, right to lien. 11-1007. Wharfage charges, right to lien against vessels or goods. 13-390. 3. Priorities. Attachment lien not perfected by judg- ment during husband's lifetime as prior to widow's share in estate. 1913A-343. Computation of fractions of day in de- termining priority between liens. 1914C-97. Judgments, issuance of execution as giving priority to one of several equal judg- ments. 1917D-187. Livery-stable keeper and chattel mort- gagee, priority of lien as between. dl-1043; 1914B-316. Purchase-money mortgage and other liens, priority between. 1916C-946. Special assessment, priority over earlier incumbrance. 1913C-1210. Tax lien, validity and construction of stat- ute giving priority. 1913B-520; 1917A-1079. LIENS Continued. Vendor or purchaser, implied vendor's lien and judgment against purchaser, prior- ity between. 1916D-384. Wages, statutory lien for wages of em- ployee, priority over mortgage. 10- 394. validity of statute giving employee lien for wages superior to lien of prior mortgage. 4-1027. LIFE-BOATS. Charitable gift for purchase as valid. 1914A-1219. LIFE ESTATES. 1. Creation. 2. Incidents. 1. Creation. Creation in agricultural lands as affected by constitutional prohibition against long leases. 15-346. Devise over after life estate with power of disposition, validity and effect. 7- 953. in case of marriage of devisee as con- veying determinable lite estate. 1915B-1238. Exception and reservation of life estate in deed, distinction between. 18-801. Grant or devise of life estate with absolute power of disposition, estate created. 9-947; 1912B-424; 1916B-575; 1916D- 400. 2. Incidents. Bequest of money for life, right of life tenant to possession of principal sum. 6-787. Commutation of value of life estate and payment to life tenant in gross instead of by way of interest. 1912D-42. Conversion by life tenant, running of stat- ute of limitations against action by remainderman. 16-540. Conveyance of life estate, validity. 1917A-579. Crops, right to growing crops on death of life tenant. 14-38. Curtesy, right in lands subject to life estate. 6-93. LIFE EXPECTANCY LIFE INSURANCE. 523 LIFE ESTATES Continued. Depreciation of securities caused by wear- ing away of purchase premium as chargeable to life tenant or remain- derman. 10-515. Ejectment, joinder of life tenant and re- mainderman in action. 1912C-241. Execution sale, right of life tenant to enjoin. 1918C-267. Fixtures, right as between life tenant and remainderman. 2-405. Freeholder, life tenant as. 1913D-328. Improvements, right of life tenant to com- pensation. 3-689; 1913A-489; 1917B- 944. Increase of value of property held under life tenancy, who is entitled to. 1916B-128. Incumbrance on fee, payment by life ten- anf, right to reimbursement from re- mainderman or reversioner. 8-725. Inheritance tax, apportionment between life tenant and remainderman. 20- 1360. metho'd of determining value of bene- ficiary's interest under inheritance tax act. 1914D-77. Injury to estate and to inheritance, right of life tenant to recover damages. 1916C-881. stranger's injury to realty, right of ac- tion of remainderman. 6-145. Leases, renewal by tenant for life as raising implied trust. 7-298. Mechanic's lien on realty for improve- ments made by life tenant. 19-735. Merger of estates where life tenant is also trustee of property. 1917A-1221. Mines and minerals, mining lease, respec- tive rights of life tenant and remain- derman to proceeds. 1915A-518. removal of minerals from soil, right of life tenant. 8-1121; 1913E-839. Mortgages, right of tenant for life on pay- ment of indebtedness to have assign- ment of mortgage. 1914B-567. Partition by tenant in common, right of. 11-1040. Perpetuities, effect upon prior life estate. 5-434. Sale by life tenant, application of pur- chase money, duty of purchaser from life tenant to see to. 4-371. LIFE ESTATES Continued. estoppel of remainderman to repudiate sale. 1915A-1001. Special assessment, liability to pay as be- tween life tenant and remainderman. 1914B-817. Stock dividends, right as between life ten- ant and remainderman. 12-650; 1912B-1218; 1915A-311; 1918E-629. Taxation, liability of life tenant. 1917B- 944. tax title, right of remainderman to ac- quire on life tenant's failure to pay tax. 1916D-326. Waste, when tenant for life has estate unimpeachable for waste. 1914D-669. LIFE EXPECTANCY. Expectancy of life, competency of expert testimony. 10-621; 21-329. evidence of habits or physical condition of deceased as admissible. 1916E-654. Mortality tables as evidence of probable duration of life. 12-425. LIFE INSURANCE. 1. Nature and Formation of Contract. 2. Insurable Interest. 3. Warranties, Representations and Con- ditions. 4. Premiums. 5. Incontestable Clause. 6. Assignment, Transfer or Gift. 7. Mode of Death. 8. Beneficiaries. 9. Actions. See Beneficial Associations; Insurance. 1. Nature and Formation of Contract. Application, right of withdrawal. 1916A- 959. Binding slip or receipt, effect as contract. 1915B-657. Endowment insurance, validity of con- tract. 1915C-948. ' Indemnity, policy as mere contract of. 1913D-610. 524 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIFE INSURANCE Continued. Issuance of policy, when policy of life in- surance is "issued." 1914B-906. Paid-up policy, effect of failure to sur- render policy within stipulated time after default upon right to paid-up policy. 10-470; 1915C-507. Security, life insurance policy as. 1914D 624. Tontine policy, relation between insured and insurer as fiduciary in nature. 1915B-638. 2. Insurable Interest. Beneficiary having- no insurable interest in life of insured, right to keep con- tract alive for his own benefit. 1917A-1085. selection by insured of beneficiary with- out insurable interest as against public policy. 15-235; 1916C-587. Brother or eister, insurable interest in life of other. 1914C-284. Corporations, right to insure lives of officers. 16-295. "More than pecuniary interest" in life of insured, meaning of requirement in policy that beneficiary have. 1914D- 1123. Paramour or putative wife of insured, va- lidity of policy in favor of. 1915B- 542. Partnership, insurable interest of partner or partnership in life of member of firm. 1912A-300. Pleading insurable interest, necessity in action on policy. 3-538. Putative wife as possessed of insurable interest. 1913A-243; 1917C-274. Relationship by affinity as supporting in- surable interest in life. 1917C-158. 3. Warranties, Representations and Con- ditions. Admissions or declarations of insured, ad- missibility in evidence to contradict statements in application for insur- ance. 7-647; 11-263. Application, statutes requiring copy at- tached or delivered with policy. 14- 1096. Consultation with, or attendance by, phy- sician, what constitutes within mean- LIFE INSURANCE Continued. ing of application for insurance. 17- 1203; 1913B-752. Election to rescind policy on ground of breach of warranty or false statement in application, necessity that company return or offer to return premiums re- ceived. 1914A-971. Facts discovered subsequently to applica- tion and examination, duty of appli- cant to notify insurer. 15-126; 1916B- 381. Good health of insured at time of delivery of policy where contract so requires, burden of proof. 17-238. Medical examination, incorrect opinion answer made in good faith, effect on policy. 8-1156. Misrepresentation by insured as avoiding life insurance policy. 1915A 460. i immaterial false warranty, validity of statute providing that insurance con- tract shall not be avoided for. 7-1107. Occupation of insured, what constitutes breach of condition in policy relating to occupation. 7-658; 1916B-739. engaging in prohibited occupation as avoiding policy where death does not result from such occupation. 1912D- 491. Previous application for insurance, breach of warranty that insured has not made. 7-676; 18-101. Reinstatement, representation that appli- cant is in good health, construction. 1918D-1005. Relationship of insured to beneficiary, mis- representation as avoiding policy. 4- 336; 11-72. "Severe" or "serious" illness, meaning of term in application for policy. 20- 291; 1918A-682. Travel by or residence of insured, con- struction of restriction in insurance contract. 1917A-381. Waiver of conditions in policy by insurer's failure to inquire into existing facts. 1917B-500. 4. Premiums. Acceptance of note for life insurance pre- mium, effect. 1-967. Acknowledgment of receipt of premium in policy, conclusiveness. 1915D-3G6. LIFE INSURANCE. 525 LIFE INSURANCE Continued. Change from assessment to level premium plan, right of insurance company. 4-361. Estoppel of company by declaring forfeit- ure to claim lapse of policy for non- payment of premium. 1916A-541. Forfeiture for nonpayment of premium where insurer is indebted to insured. 17-506. Nonpayment of premium as invalidating contract in absence of provision to such effect. 19-67. Notice of time of payment of premium, absence of statute or policy provision requiring notice as affecting necessity and sufficiency of notice. 10-687. statutes requiring notice as affecting ne- cessity and sufficiency of notice. 4- 483. Recovery of premiums paid for life insur- ance. 4-123. Time of payment of premium required by policy as waived by acceptance of pre- mium after appointed time, or similar act. 7-385. 5. Incontestable Clause. Fraud, right to contest policy on such ground, where it contains incontes- table clause not excepting fraud. 1914C-652; 1916C-707; 1917E-1116. Legal execution of insured, effect of in- contestable clause in policy. 1917D- 1183. Suicide, effect of incontestable clause in policy on provision against suicide. 1-310; 1917D-1186, 1190. Validity of incontestable clause in policy. 4-364; 13-305. 6. Assignment, Transfer or Gift. Assignment of policy to one having no insurable interest, right of insured to make. 5-360; 7-912; 12-686; 1913B- 864. Bankruptcy or insolvency of insured, policy as passing to assignee for bene- fit of creditors or trustee in bank- ruptcy. 20-1186; 1915B-1289. Bequest of proceeds of insurance money as specific legacy. 10-1137. Creditor, validity of assignment of policy to creditor. 1912A-653. LIFE INSURANCE Continued. Delivery of policy or written assignment thereof to assignee as essential to as- signment. 1914D-700; 1916A-824. Fraudulent sales, transfer of insurance policy on debtor's life as transfer in fraud of creditors. 1912B-896. Gift, life insurance policy as subject of. 1914D-297. "Wife's assignment of insurance in her favor on life of husband, validity and effect. 1917B-302. 7. Mode of Death. Autopsy or examination of body of in- sured, construction of provision in policy giving insurer right. 1916A- 156. Duels, construction of provision in policy excepting death resulting from duel. 1915B-549. Legal execution of insured as defense to action on policy. 13133. Suicide, declarations or written statements made by insured previous to death as , evidence of suicide. 8-1114; 1918C- 1050. effect on policy containing no provision as to suicide. 8-162; 11-779; 1917D- 1190. presumption, burden of proof, and weight and sufficiency of evidence of suicide relied on as defense to action on policy. 17-32; 1913C-1260. sane or insane, construction of clause in policy excepting death from suicide while "sane or insane." 7-659; 1917D- 1190. Violation of law, death while engaged in violating law within exception in life insurance policy. 3-873; 12-310; 1917C-592. 8. Beneficiaries. Alien enemy, rights under policy. 191SC- 714. "Children," meaning of term as used in policy to designate beneficiaries. 15- 529; 1913A-300. Creditor's bill as reaching interest under insurance policy. 1914B 959. "Dependent," meaning of word as used to designate beneficiary in insurance. 7-358; 17-867. 526 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIFE INSURANCE Continued. Divorce as affecting rights of beneficiary in insurance. 2-351; 7-1026; 1913D- 685; 1915C-321; 1917C-269. "Family," persons included in term when used to designate beneficiaries in in- surance policy. 7-684; 11-570; 1917C- 694. "Heirs," meaning of term when used to designate beneficiaries in insurance policy. 5458. "Legal representatives," meaning of term as used to designate beneficiaries in insurance. 12-1271. Loan on policy having loan value, right of insured to obtain without consent of beneficiary. 1913D-838. Minor child, rights of parties in case of insurance procured by parent on life of minor child. 1917E-643. Oral promise by beneficiary in policy to pay proceeds to third person as en- forceable. 14-872. Proceeds of life insurance policy, liability for debts of beneficiary. 2-91. right to proceeds under policy payable to wife of insured, or to their children, where wife dies without issue. 10 269. Profits or surplus, policy-holder entitled to share, right to apply to courts for relief. 10-403. Surrender of policy having cash surrender value, right of insured without con- sent of beneficiary. 1913D-838. Vested interest of beneficiary in ordinary policy. 1-684; 7-1026; 11-49; 1912B- 1144. 9. Actions. Admissions or declarations of insured, ad- missiblity to contradict statements in application. 7-647; 11-263. Anticipatory breach of contract, right to sue for damages. 9-665; 12-38. Burden of proof of good health of insured at time of delivery of policy where insurance contract so requires. 17- 238. Coroner's verdict as admissible in evidence to establish cause of death, action on policy. 1917B-893. Dying declaration, admissibility in action on insurance policy. 6-70. LIFE INSUBANCE Continued. Knowledge of agent imputable to insur- ance company, who is agent so as to effectuate. 1913A-849. Limitation period in policy against suit, validity of clause limiting time to bring action. 7-918. when limitation begins to run against policy. 8-1064. Medical examiner's knowledge as impu- table to insurer in action on policy. 1913A-852. Money paid on policy where insured pre- sumed to be dead, right of company to recover. 13-411. Physician's death certificate as evidence in action on policy. 191SC 761. Presumption of death of insured from absence, facts necessary to warrant. 1915B-682. Proofs of death, sufficiency under policy as question of law or fact. 1913B 842. Value of policy as susceptible of judicial determination. 1914D-164. LIFE-SAVING. Injury in attempt to save life of another as negligence. 4-928; 19-441; 21- 1178. LIFE TENANT. See Life Estates. LIFTING HEAVY OBJECTS. Assumption of risk by servant under- taking. 17-241. LIGHTING PLANT. See Electricity. Meaning of term. 1917A-321. Power of municipality to erect or purchase for lighting streets. 1916B-523. LIGHTNING. Animals killed by lightning as covered by policy of animal insurance. 1915A-616. LIGIITXIXG-ROD VENDER LIMITATION OF ACTIONS. 527 LIGHTNING Continued. Fire caused by transmission over wires of telephone or other electric company, liability. 1914B-1031. Injury by lightning as accident arising out of and in course of employment within Workmen's Compensation Act. 1913C- 10, 12; 1916B-1302; 1918B-782, 799. LIGHTNING-ROD VENDER. Hawker and peddler regulations as appli- cable. 1912D-1292. LIGHTS. Ancient lights, liability of third person to landlord for obstruction. 1912D-126. measure of damages for obstruction. 1913A-741. Automobiles, failure to comply with statu- tory regulations as to displaying lights, effect on rights and liabilities of owner or driver. 18-242; 1914A- 128; 1918D-852. Easement of light as extinguishable by merger of estates. 12-303. Landlord and tenant, duty of landlord to light passageway common to tenants. 14-764; 19-667; 1914D-592; 1917E- 596. light furnished tenant or former owner, validity of law or legislation making owner of premises liable. 7-1017; 11 241. Master and servant, liability of former for injuries received by latter in place not sufficiently lighted. 20-2. Eailroads, stations, duty of railroad as to lighting. 7-969. street crossings, power of municipality to require railroad to maintain lights. 1912D-403. Street railways, signal lights on street- cars, duty and liability in reference to placing. 10-605. Streets, failure to light, liability of muni- cipality. 4-1001; 1916B-198. method of lighting as resting in muni- cipal discretion. 1912D-432. plant for lighting streets, power of municipality to erect or purchase. 191CB-523. LIMBS. Loss of limb or part thereof, what con- stitutes within "Workmen's Compen- sation Act. 1918A-536. LIMITATION OF ACTIONS. 1. In General. 2. Applicability of Statutes. 3. Commencement of Running. 4. Interruption or Suspension. A. IN GENERAL. B. ABSENCE. C. CONCEALMENT. D. PART PAYMENT. E. BRINGING ACTION OB PENDENCY OF PROCEEDING. F. DISABILITY. 5. Running Against Particular Actions. 6. Persons by and Against Whom Statute may be Pleaded. 7. Operation and Effect of Bar. 8. Estoppel and Waiver. 9. Revival of Barred Claims. A. NEW PROMISE OR ACKNOWLEDGMENT. B. PART PAYMENT. 10. Pleading. See Laches. 1. In General. Accident insurance, waiver of policy pro- vision limiting time to bring suit. 1916C-449. Burden of proof as to running of statute. 8-340. Carriers, actions against carriers of goods or livestock, contract limiting time to bring suit, validity and effect. 1913E- 868. contract stipulation limiting time to present claim against carrier of goods, validity and effect. 9-17; 14-416; 1914A-231. "Case," meaning of word as used in sense of action or proceeding in statute relating to limitation of actions. 21- 670. Conspiracy, applicability of statute of limitations to prosecutions. 12-242. Criminal law, lesser offense which is barred, right to convict for under in- 528 INDEX TO TPIE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIMITATION OF ACTIONS Continued. dictment for greater offense not barred. 17-718. running of statute as affected by indict- ment set aside or quashed. 8-194. when prosecution is deemed commenced within statute of limitations. 1-319. Deed declared mortgage, effect of lapse of time on right under limitation stat- utes. 1914B-356; 1918C-756. Eminent domain, property appropriated without making compensation, time to bring action to recover for. 1913E- 1139. Employers' liability insurance, validity of policy stipulation limiting time to bring action thereon. 9-164. Equity courts, refusal to entertain plea of statute of limitation. 4148. Exceptions to statute impliedly excluded when not enumerated. '1-643; 16-906. Extraterritorial effect on limitation of stat- utory cause of action. 2-151. Fire insurance, denial of liability as waiver of contractual ^provision in policy postponing time of suit thereon. 1914C-373. running of limitation against action on policy limiting time to sue thereon to certain period "after the fire." 10- 824. second action on policy after period of limitations prescribed, right to bring where first action fails. 1914D-1147. waiver of condition limiting time of suit on policy of fire insurance. 2-116. Foreign statutes of limitation, construction of statute recognizing. 1442. Judgments, opening default judgment, statute of limitation as meritorious defense. 21-1282. Larceny, acquisition of title by lapse of time to personalty converted. 19-751. Life insurance, policy providing period in which suit must be brought, when limitation begins to run against. 8 1064. validity of clause in policy limiting time to bring action thereon. 7-918. Married women's acts as affecting statutes of limitation. 3-817. Municipal corporations, right to plead stat- ute against. 8-98; 20-427. LIMITATION OF ACTIONS Continued. New limitation as applying to existing causes, constitutionality as dependent upon its reasonableness. 8-525; 14- 352. Eesidence of defendant within meaning of statute. 1918A-155. domicile as synonymous with residence. 1915C-790. Eetroactive operation of statute of limita- tions. 4-166; 1912A-1041. "Revenue laws," meaning in statutes re- lating to limitation of actions. 1918B- 216. Savings bank mismanagement, action to enforce liability of officers as not 'barred by statute. 1913B-430. Shortening period of limitation as to ex- isting causes, validity of amendatory statute. 1916D-391. Taxation, assessment-rolls, defects and ir- regularities as cured by failure to test validity within prescribed time. 11- 1120. tax titles, possession under tax deed valid on face for statutory period, validity of title acquired. 16-1144. Telegraph companies, claims for damages or statutory penalty, validity of stipulation on telegraph blank re- quiring presentation within certain time. 4-613; 14-192; 1912B-520. commencement of suit as presentation of claim within stipulation. 12-656. 2. Applicability of Statutes. Corporations, transfer of shares of stock without consent of owner, applica- bility of statute of limitations. 1913E-1179. Counties, recovery by county from estate of insane person for maintenance as- subject to bar of statute of limita- tions. 1913A-581. Decedent's estates, application of gen- eral statutes to proceedings for ad- ministration. 2773. Defenses, applicability of statutes of limi- tations. 4-933; 1915A-608. Dower, applicability of statute to action for. 11-411. Foreign receivers, special statute of limi- tations as governing. 5-573. LIMITATION OF ACTIONS. 529 LIMITATION OF ACTIONS Continued. Fraud or deceit as constituting injury to person or property for purpose of applying statute of limitations. 19- 936. Lost will, action to establish, applica- bility of statute of limitations. 1915B-631. Mandamus proceedings, applicability of statute. 9-845; 20-1114. Nature or form of action as determining particular limitation applicable. 12- 175. Quo warranto proceedings, applicability of statute. 1914C-488. Eailroad rights of way under congres- sional grant as being within statute of limitations. 2-718. Trusts, application of statute as between trustee and beneficiary of express trust. 3-200; 13-1165; 1917C-1018. 3. Commencement of Running. Alienation of affections, cause of action as accruing at time of separation. 1912C-1183. Appeal and error, limitation against right of appeal, waiver of right to notice of judgment, etc., required to set statute of limitations running. 1913B-439. Attorneys, collections for client, com- mencement of running of limitation against action by client to recover money. 15-1208; 1914C-640. services of attorney, when statute be- gins to run against action to recover for. 1913A-416. Breach of contract or duty, limitation against action as running from date of breach or from occurrence of ac- tual damage. 13-696. Computation of limitation by inclusion of day of accrual of action. 12-58; 1913D-1068. Covenants, when ordinary covenant of seizin or of right to convey is broken if at all. 1913B-1188. Criminal prosecution, when deemed com- menced within statute. 1-319. Death by wrongful act, commencement of running of statute against action. 17-519; 1916C-713. Index to Notes 34 LIMITATION OF ACTIONS Continued. Demand necessary to start statute, whether must be made within statu- tory period. 4-728. Lateral or subjacent support, accrual of action for injury thereto. 3-123; 18- 752. Mechanics' liens, commencement of run- ning of time against lien for ma- terials furnished on running account. 7-947. Mortgage debt, accrual under accelera- tion clause as affected by mortgagee's option or election to declare debt due. 2-854. Municipal bonded indebtedness, when statute begins to ran against action. 14-102. Note payable on demand, when statute begins to run against. 14-807. Promise to pay "when able," when stat- ute begins to run against. 1914B 935. Public officer's breach of duty, accrual of cause of action for injury. 3-997; 1916A-885. Eemainderman's right of action for con- version of property by life tenant, time when statute begins to run against action. 16-540. Return of debtor to state sufficient to start statute running. 14941. Sales, accrual of right of action for price of goods sold on credit. 7-543. Seduction, accrual of father's right of action for daughter's seduction. 1- 388. Tenants in common, necessity that tenant in common have notice of adverse claim by cotenant in order to start statute running. 1913D-1312. Vendor and purchaser, repudiation of vendor's parol contract for sale of land as starting running of statute for recovery of money paid. 2-932. Wrongful act, limitation against action as running from date of act or from occurrence of actual damage. 13- 696. 4. Interruption or Suspension. A. IN GENERAL. Burden of proof as to interruption of Tunning of statute. 8-343. 530 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIMITATION OF ACTIONS Continued. Executor de eon tort, running of statute against estate as affected by acts. 1912A-536. Negligence of attorney as excuse for failure to bring suit within time limited by statute. 20-397. Nonclaim statutes, exceptions to and in- terruptions of. 3-576; 1916A-589. institution of suit as sufficient presen- tation of claim against decedent's estate to remove bar thereof. 14- 931. War as suspending running of statute. 1917C-213. B. ABSENCE. Absence from state, exception as to time defendant is absent as applicable to nonresidence at time of accrual of action. 1912I>-467. judgment debtor, absence as affecting running of statute against action on judgment. 1914D-743. mortgagor, absence from state as sus- pension of limitation against action for foreclosure. 8-1173. C. CONCEALMENT. Attorneys, fraudulent concealment by at- torney of cause of action against him in favor of client within statute of limitations. 9-78. Executors and administrators, conceal- ment of facts as affecting running of statute against right to attack dis- tribution of decedent's estate. 1918D- "316. Physicians, concealment by physician as suspending statute against action for malpractice. 1914B-908. D. PART PAYMENT. Bills and notes, indorsement of payment on promissory note by holder as sufficient proof of part payment to stop running of statute. 1913A-12-23. Check, bill, note, etc., given as part pay- ment or collateral security as start- ing statute running anew. 15-332. Creditor's right to apply on debt his own debt to debtor so as to suspend statute of limitations. 1915A-281. Interest, effect of payment on running of statute. 4-634. LIMITATION OF ACTIONS Continued. Joint obligations, part payment by joint debtor as suspending running against joint obligors not authorizing or ratifying such act. 1912D-1328; 1916E-1213. Suretyship, part payment by principal with consent of surety as suspending statute as to surety. 1916D-^27. E!. BRINGING ACTION OR PENDENCY OF PROCEEDING. Adverse possession, running of statute in favor of claimant as arrested by action by him. 1914C-1182. Appeal and error, effect on limitation of time for suit. 4-150; 1912D-1023. Bankruptcy proceedings as affecting run- ning of statute of limitations. 4- 149; 1912D-1022. Ejectment, effect on limitation of time for suit. 4-150. Foreign corporation, institution of action before compliance with domestic stat- ute as suspending statute against such action. 1913A-1326. Injunction or other legal proceeding, effect on limitation of time to bring suit. 4-147; 1912D-1022. Insolvency, effect on limitation of time for suit. 4-149. Intervention, commencement of action as interrupting statute in favor of intervener. 15-664; 1916B-316. Malicious prosecution, time to institute action as affected by appeal from judgment in original proceeding. 1913E-919. New action, on demand barred by limita- tion, after dismissal of action for failure to give security for costs. 3-97. Receivership, effect on limitation of time for suit. 4-150; 1912D-1023. Eeplevin, effect on limitation of time for suit. 4-150. Second action on fire insurance policy after period of limitation prescribed, right to bring where first action fails. 1914D-1147. Venue, institution of suit in wrong forum as arresting running of statute. 1916A-262. LIMITATION OF ACTIONS. 531 LIMITATION OF ACTIONS Continued. Wrong defendant, institution of suit against as arresting running of stat- ute. 1915B-276. F. DISABILITY. Infancy of heir, devisee or distributee, interruption of running on account of. 3-837; 7-171. insurance policy, clause limiting time to bring suit as affected by minority of insured. 20-1291. presentation of claims against munici- pality, infancy or other disability of claimant as suspending limitation of time for filing. 13-488; 1916C-1042. Insanity, interruption of running of stat- ute in favor of insane plaintiff. 1912C-1011. 6. Running Against Particular Actions. Abstracts of title, running of statute against action for negligence of ab- stractor of title. 12-r412 Accounting, executors and administrators, lapse of time as barring right to com- pel personal representative to ac- count. 15-481. partnership, running of statute against action for accounting by partners after dissolution of partnership. 1918D-1107. Alienation of affections, limitation against action by wife. 1916C-753. Assault, what is civil action for assault within statutory limitation applica- ble. 1917A-118. Attorneys, running of statute as against action by client for negligence of at- torney. 1917B-48. Bills and notes, limitation applicable to action on sealed promissory note. 1914D-422. Contempt ia federal court, limitation of time to institute proceedings. 1915D- 1052. Deeds, recital of consideration as written promise to pay within statute of limitations. 2-470. Deposit of money, running of statute against action to recover. 4-1146. Employers' Liability Act limiting time for commencement of action, con- struction of provision. 15-491. LIMITATION OF ACTIONS Continued. federal Employers' Liability Act, limi- tation of action under. 1914C-1028. Food and drugs, violations of federal act, limitation against prosecution under act. 1915A-49. Foreign cause of action, running of stat- ute against. 5-546. judgments, statute governing in action on foreign judgment. 81123. Fraudulent conveyances, running of stat- ute against. 41098. Funeral expenses, running of statute in case of claim against estate. 19- 791. Guardian's bond, running of statute against action on. 1916A-170. Husband and wife, running of statute against claims existing between spouses. 1914C-570. Injunction against execution sale, time within which suit must be brought. 1918C-290. Interest coupons of other than municipal bonds, running of statute against. 1912A-733. Internal revenue taxes illegally assessed or collected, limitation against ac- tion for recovery. 1916A-308. Intoxicating liquors, action for penalty for violation of liquor statute, limi- tation against. 1916E-871. Judgments, running of statute against action, when begins. 1916C-625. Libel or slander, running of statute against action for. 1917C-64. Mortgages, assumption of mortgage debt in deed, when action on agreement is barred. 21-679. National bank loans, limitation of action against director for excessive loan. 1912B-654. Nuisance, running of statute against ac- tion for damages. 10-184. Partnership, contribution between part- ners as barred by statute of limita- tions. 1916D-838. Public officer, interest received on pub- lic funds, limitation against action to recover. 1914C-1016. Quieting title, removal of cloud created by special assessment, limitation of action. 1914A-893. 532 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIMITATION OF ACTIONS Continued. running of statute against action to quiet title. 20-43; 1917A-661. Reinsurance, action for loss under, as governed by limitation in original policy. 7-37. Seduction, personal injury provision as governing period of limitation for ac- tion. 1912B-656. Services performed in consideration of oral agreement to compensate by will, running of statute. 8--113; 1918A-912. Stockholder's statutory liability, limita- tion of action to enforce. 3-505. Suretyship, contribution between sure- ties, running of statute against. 15-1030; 1918E-518. running of statute as against surety. 1912B-626. Tort waived and action in assumpsit, limitation applicable. 1913D-238. Trusts, enforcement of resulting trust arising from husband's purchase in own name with wife's money as barred by statute of limitations. 1915D-633. United States contract, limitation against action for recovery of additional compensation. 1918E-20. Usury, running of statute against action to recover penalty or forfeiture for taking usury. 21-446. Warrants of municipal or quasi-munici- pal corporation, when statute runs against. 2-394. Waters and watercourses, injury caused f by percolating water, limitation of action against owner of artificial reservoir. 5-684. 6. Persons by and Against Whom Statute may be Pleaded. Aliens, running of statute as between alien enemies. 1917C-213. Codefendants, right of action against on as affected by bar of statute against another. 12-981. Foreign corporation, right to plead stat- ute. 1-9; 21-624; 1915D-913; 1917C- 1024; 1917E-427. Mortgages, right of assignee or grantee of mortgagor to plead statute. 1- 1003. LIMITATION OF ACTIONS Continued. Municipal corporations, right to plead statute against. 8-98; 20-427. "Person" as including private corpora- tions. 20-740, 744; 1914A-1309. States, right of state to plead statute as to claim against it. 10-595. running of statute against state as dependent on state being real party in interest. 8-702. 7. Operation and Effect of Bar. Amendment of pleading after bar of statute, additional ground of negli- gence stated as cause of same injury as constituting new cause. 1913D- 742; 1916B-511; 1916E-1237. new party plaintiff substituted in action for wrongful death as constituting new cause of action. 1917D-908. Criminal law, effect of statute providing for discharge of prisoner on failure to find indictment within prescribed time. 3-1059. indictment for greater offens* not barred, right to convict for lesser offense which is barred. 17-718. Executors and administrators, claim not presented against estate of deceased within statutory period, right of per- son sued by executor or adminis- trator to set off. 7-850; 1914D-224. recovery from creditor of claim paid which is barred by statute of non- claim. 1915B-260. Judicial sales, effect of statute to pro- tect purchaser at void sale. 9-872. Mortgages, injunction to restrain sale of property under trust deed on ground that action on debt is barred by statute of limitations. 7-189. Official bonds, right to maintain action on bond where statute of limitations has run with respect to action against officer. 1913E-1265. Pledges, bar of principal obligation as affecting recourse against. 2-271; 14-847. Specific performance, bar of statute as affording ground for. 1-1000. Vendor and purchaser, enforcement of implied vendor's lien where remedy for purchase price is barred by stat- ute of limitations. 1914A-278. LIMITATION OF INDEBTEDNESS LIMITATION OF LIABILITY. 533 LIMITATION OF ACTIONS Continued. 8. Estoppel and Waiver. Estoppel to plead by conduct not amount- ing to fraud or to express waiver of statute. 9-755. Fiduciary relation, mero existence as barring defense of statute against action for money received on behalf of plaintiff. 1915B-250. Personal representative, waiver of stat- ute of limitations by. 1912A-6. Waiver of benefit of statute in written contract, validity of provision. 1916A-686. fire insurance policy, waiver of con- dition limiting time of suit thereon. 2-116. 9. Revival of Barred Claims. A. NEW PROMISE OB ACKNOWLEDGMENT. Acknowledgment by one of several ob- ligors as barring defense of statute by others. 17-176. Client's debt to attorney barred by stat- ute, validity of acknowledgment. 1916E-436. Definiteness of new promise to particular debt in question, necessity in order to remove bar of statute. 1914B- 223. Inclusion of barred debt in schedule of liabilities as revival thereof. 4-939. Judgment or judgment debt, effect of new promise or part payment to revive. 9-254. Mortgage debt, act of grantee who takes subject to mortgage as reviv- ing or keeping alive debt secured thereby. 1914C-1111. Person to whom new promise must be made to remove bar of statute. 5 811; 19-103. Kemoval of bar of statute against action, ex delicto by new promise. 11-180. Written promise or acknowledgment re- lied on to take case out of statute of limitations as aided by other writings. 12-811. B. PART PAYMENT. Application by creditor of proceeds of foreclosed security as part payment LIMITATION OF ACTIONS Continued. sufficient to revive barred note. 14 9SO. Judgment or judgment debt, effect of part payment to revive. 9-254. Mortgages, payment on barred debt as re- viving lien of barred mortgage to secure debt. 1912B-508. Part payment in full satisfaction of debt as removing bar of statute as to part not paid. 14-213. Promissory note by joint makers, part payment by trustee in bankruptcy of personal representative of one joint maker as removing bar of statute as to other makers. 11-59. Undirected payment applied by creditor to barred debt as reviving unpaid portion. 13-1203. < several barred claims held by creditor, general undirected payment as re- vival of any one of them. 14-56. 10. Pleading. Amendment of pleading so as to set up statute of limitations, right of. 1914A-24. Compliance with statute, necessity of pleading. 1-85. Death by wrongful act, pleading statute of limitations. 19-819; 1916D-1241. Ejectment, necessity of pleading statute of limitations. 21-1244. Equity cases, necessity of pleading stat- ute of limitations. 8-379. Penalty action, necessity of pleading statute specially as defense. 12-87. Eeply to answer pleading statute of limi- tations, necessity foj-. 1914D-892. Withdrawal of plea of statute, right of. 1914D-473. LIMITATION OF INDEBTED- NESS. See Municipal Corporations. LIMITATION OF LIABILITY. See Carriers of Goods; Carriers of Live- stock; Carriers of Passengers; Cold Storage; Fidelity and Guaranty In- surance; Master and Servant; Ships and Shipping; Telegraphs and Tele- phones. 534 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LIMITATION OVER. See Wills. LIMITED GUARANTY. Distinction "between continuing and limited guaranty. 4-822; 1918E-609. LIMITED PARTNERSHIP. Construction of statutory requirement as to posting names of partners. 1913B-917. LIMITING ISSUES. New trial granted by appellate court, right to limit issues to be tried by jury. 1917E-888. LINEMAN. Assumption of risk doctrine, applica- bility to lineman. 15-598; 1912B- 467. Fellow-servant of employee in power- house. 17-467. LIQUIDATED DAMAGES. See Damages. LIQUIDATED DEMAND. Accord and satisfaction by part payment of liquidated and undisputed debt. 5- 525; 1917A-130. LIQUOR HABIT. Proof of liquor habit to discredit witness. 1918A-639. LIQUORS. See Intoxicating Liquors; Nonintoxicating Liquors. LIS PENDENS. Application of doctrine, purchase after judgment and before institution of proceedings to review. 9-987. Divorce and alimony action as within law of lis pendens. 1913D-950. Loss of benefit by delay in prosecution of suit. 1915C-518. LIS PENDENS Continued. Money judgment, general rule as to ap- plicability of doctrine to suit to re- cover. 5-333. Prior executory contract for sale of land, effect of lis pendens upon. 7-1092. Purchaser pendente lite, who is. 1918C- 53, 81, 83, 86, 90. LISTENING. Confession made while asleep, admissibility in evidence. 1914C-961. Conversation overheard by third person as affecting privileged character under law of slander. 1917E-699. LITERARY CRITICISM. Libelous, when. 1-330. LITERARY PROPERTY. Letters, copyright after writer's death, right of. 3-1116. publication of private letter, right to restrain. 1912D-555; 1915B-105. Purchase of manuscript as implying obli- gation to publish, under contract be- tween author and publisher. 1912B- 612. Uncopyrighted production, right to dam- ages for unauthorized use. 13-257. LITERARY STYLE. Identity of author, evidence of literary style as element in. establishing. 20 1336. LIVERY-STABLE. Hirer of vehicle as liable for negligent act of driver. 1913A-886. Independent contractor, livery-stable keeper as constituting. 19-23. Liability as carriers. 2-344; 16-506. Lien, priority as between chattel mort- gagee and liveryman. 11-1043; 1914B-316. "Trade," livery-stable keeper as engaged in trade. 1916A-1200. LIVESTOCK LOANS. 535 LIVESTOCK. See Carriers of Livestock. Attachment of cattle on range, what is sufficient levy. 1916B-995. Dealer in livestock, who is. 1917A-958. Disease communicated by livestock to other animals, liability of owner. 15- 1002. contracted by livestock during ship- ment, liability of carrier to shipper. 21-176. Dogs as not within statute providing damages for killing of cattle or live- stock by railroads. 3-275. Eminent domain, danger of injury to live- stock as element of damage to land by construction of railroad or electric power line. 11-697; 19-929; 1915 A- 1255. Fire insurance policy with designated lo- cation as covering animals temporarily elsewhere. 15-661; 1916E-398. Insurance of livestock. 1915A-614. Life tenancy, who entitled to increase of livestock. 1916B-131. Statutes relating to livestock, effect of partial invalidity. 1916D-35. Taxation, situs of livestock. 8-677. LIVE WIRES. See Electricity. LIVING PERSON. Eight to and effect * of administration on estate of person presumed to be dead. 3-1126; 14-148; 1913B-556. LIVING TOGETHER. Husband and wife or other member of family, what constitutes. 1915B-880. What constitutes "living together" in for- nication or adultery. 19-655. LOADING CARS. Manner of loading, duty of connecting carrier to inspect. 16-1155. Persons engaged in loading as not bare licensees. 1-601; 12-119. LOAN BROKERS. Performance entitling loan broker to com- mission, what constitutes. 1918C-609. Personal property loan brokers, state or municipal regulation. 1916E-619; 1918B-408. LOANS. Broker's right to commissions where prin- cipal refuses to accept loan which broker was employed to procure. 20 1026. Building and loan association, loan as usurious in absence of statute. 1914C-1305. mode of settlement of loan. 1914B- 1269. to whom may loan money. 1917B 590. Contract not to carry on similar business as violated by loaning money to per- son establishing competitive business. 1916E-384. False pretenses, obtaining loan of money as constituting crime of obtaining money by false pretenses. 1916C- 115S. Farm loan statute, validity. 1917E-216. Infancy as defense to action for money loaned. 1916C-999. Insurance company, loan to insured, ap- plication of dividends due insured in liquidation of interest on loan. 17- 508. Intoxicating liquors, loan thereof as sale within purview of prohibitory statute. 14-276; 1913A-471. License tax on occupation of loaning money on chattel security, validity of statute imposing. 1914B-1197. Life insurance policy, right of insured to obtain loan without consent of benefi 1 - ciary. 1913D-838. Retention by principal of benefit of loan procured by unauthorized agent, ef- fect. 3-1145; 1913E-1115; 1916A- 184. Usury, advance interest taken on loan as constituting. 1915C-1156. expenses of making loan exacted from borrower as constituting. 1914C-410. sale of property on credit as device to cover loan as within usury law. 20- 1133. 536 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LOATHSOME DISEASE. Divorce on ground of antenuptial venereal disease. 1913A-134. Imputation of disease as actionable libel or slander. 1914A-1255; 1914D-151. LOBBYING. Contracts for procurement of legislation. 6-220; 16-850. LOCAL OPTION Continued. Elections, judicial notice of local option election. 18-191; 1915C-333. Signing petition for election as disquali- fying judge or other official from act- ing thereon. 1912C-1092. Statute relating to local option, effect of partial invalidity. 1916D-62. Territory affected by adoption of local option law. 21-1015; 1917C-512. LOBSTERS. Statutory regulation of fishery. 1913C- 1135. LOCAL ASSESSMENTS. See Special Assessments. LOCAL CONDITIONS. Knowledge of court, right to give effect to. 1915B-557. LOCAL DIVISIONS. Judicial notice. 12-933. LOCAL IMPROVEMENTS. See Special Assessments. "Adjoining," meaning of term with refer- ence to local improvement. 1913D 847. Meaning within contemplation of special assessment levies. 20-339; 1914B-542. Ordinances relating to local improve- ments, judicial inquiry into motive prompting enactment. 1912A-718. LOCAL LAWS. What are "local" statutes. 4-659. LOCAL OPTION. of adoption of law. Burden of proof 1913C-627. Change in local option law as affecting locality which has adopted local op- tion. 21-663. Constitutionality of statutes. 1-37S; 7- 1164; 14-1001; 1918E-874. LOCAL PREJUDICE. Removal of cause to federal court on ground of prejudice and local influence as dependent on citizenship of parties. 4-455. LOCAL REGULATIONS. Fire insurance, effect of local ordinance or regulation on liability under pol- icy. 1917B-1250. LOCAL SIGNIFICANCE. Peculiar signification of word in locality where instrument is executed, admis- sibility of evidence to show. 1916C- 655. LOCATION. See Situs. Building restrictions, location of structure as affected by. 1914A-3. Chattels mortgaged, necessity and suffi- ciency of description of location. 21- 1026. Distance in given case as determinable by straight line or otherwise. 1913E- 452. Easements, indefinite right of way, loca- tion by parties interested. 1-681. < practical location of easement granted in general terms, effect. 7-853. Fire insurance, effect of mistake of agent in description of location of property. 13-1024. Fraudulent conveyance, location of land as determining venue of action to set aside. 1913D-663. Freehold, location as determining status of freeholder. 1913D-330. LOCOMOTIVE ENGINEERS LONGSHOREMEN. 537 LOCATION Continued. Judicial notice as to location of public institutions and natural objects. 12 927. "Locate," or "located," meaning as ap- plied to railroad. 1912C-1309. Mining claim, sufficiency of discovery of mineral to support location of claim. 15-628. "Near," meaning of word as applied to location. 1913D-118. Railroads, stations, validity of contracts affecting location. 14-441; 1914A- 285. validity of contract for location of railroad. 15-637. what constitutes location of railroad. 7-1032. Sewers, location of real property as af- fecting special assessment. 1915D 3S6. Telegraph or telephone line, municipal regulation with respect to location. 16-441. LOCOMOTIVE ENGINEERS. Authority to remove trespassers from en- gine. 1-777. LOCOMOTIVES. Term "car" as including locomotive. 1914D-46. Wrongfully riding on locomotive by per- mission or direction of employee, lia- bility of railroad company. 9-541; 1913E-577; 1917C-361. LODGERS. Distinction between lodger and tenant. 1914A-200; 1914D-840. Juror lodging with party to suit, or his attorney, as disqualified. 1914C-1044. Parol agreement for board and lodging for one year beginning in future as void within statute of frauds. 5-829. LODGING-HOUSES Continued. Homestead exemption as extending to premises used for lodging-house. 1913E-1256. Liability of keeper for effects of roomer. 2-16. Licensing or regulating, validity of ordi- nance or statute. 1916C-290. Lien on effects of boarder, lodger or guest. 3-627; 1914D-837. Number of persons occupying room, valid- ity of regulatory statute. 1-747. LOGS AND LOGGING. See Trees and Timber. Booms, liability for injuries caused by flooding lands. 10-237. structures authorized by charter or statute. 10-238. Contracts for cutting and delivery of lumber, spokes, staves, etc., as within statute of frauds. 19-1302. Cutting and removing timber after expi- ration of time specified in contract of sale, right of. 4-1050; 12-731. "Dealer," person buying and selling lum- ber as dealer. 1917A-958. Eminent domain, logging road as public use supporting condemnation pro- ceedings. 14-906; 1918A-203. Floating timber, liability of one using stream for resulting injuries to ri- parian owner. 10-235; 191SA-732. Independent contractor, who is. 19-23; 1918C-656, 669-, 672. Jams, liability for injuries resulting to riparian proprietor. 10-237; 1918A- 735. Lien, for what labor or service logger's lien may be claimed. 1916C-198. Eemoval of timber under conveyance not specifying time, rights of grantee. 12-918. LOITERING. Assemblage of persons idly on street, val- idity and construction of ordinance forbidding. 1912B-1185. LODGING-HOUSES. Distinction between boarding-house keeper and lodging-house keeper. 1914D-S39. LONGSHOREMEN. "Workmen's Compensation Act as applica- ble. 1917D-24. 538 INDEX TO THE. NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. LOOKING. LOSS OF EARNINGS. Stop, look and listen doctrine. See Kail- Married woman's earnings, damages for roads; Street Railways. loss. 4-205. LOSSES. See Carriers % of Goods; Carriers of Live- stock; Fire Insurance; Marine Insur- ance. Anticipated or future losses, assessment on insurance policy to pay, validity. 1914C-802. Bailment, loss of goods by bailee who does not have exclusive possession as affecting applicability of rule that burden of proof is on bailee to ex- plain loss. 1913D-947. property checked for safekeeping, lia- bility for loss. 21-97. Credit insurance, amount of loss as covered by. 1915A-665. Gaming, recovery of money lost in gam- ing, from whom may be had. 191SE- 13S. setoff of prior winnings in action to re- cover money lost at gaming. 1918C- 771. Indemnity contract against loss, neces- sity for actual damage before re- covery. 1913D-1152. Innkeeper, liability for loss of goods of hotel guest. 1913E-864. Joint adventures, liability of parties. 17- 1025; 1912C-202. Measure of damages for loss of property without market value. 9-1148. Partnership, agreement to share losses as essential to relation. 1913B-1335. Public money, liability of public officer for loss. 17-929; 1914C-492. Trusts, liability of trust company for loss of funds of cestui que trust. 1914A- 1027. Vessels, what constitutes "loss" within meaning of statute terminating sea- men's wages. 6-68; 1916D-688. Warehouses, loss of stored goods by fire liability of warehouseman. 19-243- 1914A-1123. LOSS OF CONSCIOUS- NESS. Adequacy of verdict for injury causing. 1916B-402. LOSS OF LIMB. Accident insurance, what constitutes loss of limb within policy. 1917B-1008. Workmen's compensation, what consti- tutes loss of limb or part thereof within act. 191SA-536; 1918D-179. LOSS OF PROFITS. See Damages. LOSS OF SOCIETY. Death by wrongful act, loss by parent of child's society as element of damages. 1912C-65. Personal injuries to child, loss of child's society as element of damages in ac- tion by parent. 18-479. LOSS OF TIME. Loss of time as element of damages for loss of property. 17-1080. LOSS OF USE. Injury to article used for pleasure, right to recover damages for loss of use. 1917A-127. Ships and shipping, damages for loss of use of vessel resulting from colli- sion without total loss, right to re- cover. 1917B-999. LOST INSTRUMENTS. Checks, right of holder of lost check to recover amount from drawer. 14-398. Establishment of lost instrument, whether court will entertain suit where no other relief is demanded. 1914A-582. Frauds, statute of, proof by parol of con- tents of lost memorandum required by statute of frauds. 1916C-173. Indictment, supplying lost indictment by copy. 1913E-606. Judicial record, parol proof of contents. 1916D-248. LOST PROPERTY LYNCHING. 539 LOST INSTRUMENTS Continued. Jurisdiction of action on lost instrument. 1917A-1289. Jury trial in action to recover on lost in- strument, right to. 1912D-246. Negotiable instrument, giving indemnity as prerequisite to recovery of amount of lost instrument. 1918C-925. Pleading, necessity of alleging loss in action on lost instrument. 11-253. Proof, sufficiency to establish contents of lost instrument. 2-41; 1917A-1104. Stock certificates, recovery from innocent purchaser from finder, right of owner. 1913C-1117. right of stockholder to compel duplica- tion. 191SE-66. Wills, limitation statute aa applicable to action to establish lost will. 1915B- 631. proof of contents of lost will by decla- ration of testator alone. 1915B-253. LOST PROPERTY. Carrier's duty to stop train to allow pas- senger to recover lost property. 1913B-559. Finder, right to property. 1-4; 11-706. Joint finders, mutual rights. 15-1160. Larceny by finder of lost property. 20 1380. Lien for reward offered, right of finder. 1913B-1277. Mislaid as distinguished from lost prop- erty, rights of parties with respect to. 1917D-803. LOTTERIES. See Gaming. LOVE AND AFFECTION. Natural love and affection as sufficient consideration for note executed by parent to child. 13-165. LOWEST RESPONSIBLE BIDDER. Construction of phrases in statute pro- viding for letting of municipal con- tracts. 1913A-500. L. S. Seals, L. S. as sufficient. 11-250. LUGGAGE. See Baggage. LUMBER. See Logs and Logging; Trees and Timber. Attachment on lumber, what is sufficient levy. 1916B-994. Dealer in lumber, who is. 1917A-958. Piling in municipal limits, power of mu- nicipality to regulate. 1912A-162. LUMP SUM AWARD. Workmen's compensation, lump sum award under. 1918B-694. LUNATICS. See Insane Persons. LUNCH HOUR. Injury during lunch hour as accident arising out of and in course of em- ployment within Workmen's Compen- sation Act. 1916B-1314. LUNCH-ROOMS. Injury from eating therein, liability of proprietor as for negligence. 1914B- 885; 1916D-921. LUNGS. Injuries affecting lungs, excessiveness or adequacy of verdict. 16-43; 1913A- 1378; 1916B-429. LYING IN WAIT. What constitutes within statute relating to homicide. 1916C-969. LYNCHING. Liability of sheriff for lynching of pris- oner. 19-889; 1913D-636. 540 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. M MACHINERY. Attachment, what is sufficient levy. 1916B-993. Bills of particulars in negligence action, showing defective condition. 1916B- 109. Contracts ' for manufacture and delivery as within statute of frauds. 19-1303. Dangerous machinery injuring infant li- censee or invitee, liability of owner of premises containing. 1913A-115. Master and servant, changes or repairs after accident, admissibility in evi- dence in action by servant against master. 11-502; 1913E-356. defects in machinery, liability of ser- vant to third person for injuries caused. 1913B-725. disobedience by servant of rules and regulations while operating as affect- ing liability of master for injury to servant. 8-9. inspection by public official as- reliev- ing master of duty to inspect. 14- 71. insufficiently lighted machinery, liabil- ity of master for injuries to servant. 20-14. rules and regulations of master as to operation as affecting servant's right to recover for injury. 1912A-86. unexplained starting of machine whereby employee is injured as war- ranting inference of negligence on part of employer. 1912D-511. warning and instruction to employee, duty of master as delegable. 11-107. Meaning of term "machinery." 1918E- 202. Mechanic's lien for annexing to realty. 1912B-19. Sales, delay in delivery after purchase, measure of damages. 21-609. Trademark or trade name as infringed by similar name. 1915B-340. Workmen's compensation, installation of machinery as within purview of act. 1917D-24. MACHINERY Continued. starting, cleaning or using machinery as accident arising out of and in course of employment. 1913C-14, 16, 17, 20. MAD DOG. Liability of owner for injuries inflicted. 1915D-249. MAGAZINES. Copyright, extent of protection acquired by. 20-1178. MAGISTRATES. See Justices of Peace. Contempt, power of magistrate to punish witness. 9-316. Criminal case decided by magistrate, power to reopen. 4767. Extradition, "affidavit made before magis- trate," sufficiency within federal stat- ute relating to interstate extradition. 16-1101; 1916A-526. False imprisonment by magistrate, civil liability. 4-325. Jeopardy, examination before magistrate as constituting former jeopardy. 18- 556. Libel and slander, reports of proceedings of magistrate as within rule of privi- lege. 1915A-38. Malicious prosecution, advice of magis- trate as defense to action for mali- cious prosecution. 16-718; 1918 A- 49S. commitment by magistrate as evidence of probable cause. 6-260. discharge by magistrate as evidence of want of probable cause for criminal prosecution. 3-112. dismissal by magistrate without trial on merits as termination in favor of plaintiff in malicious prosecution. 7- 482; 16-1107. MAGNA CARTA MALICIOUS ABUSE OF PROCESS. 541 MAGISTRATES Continued. Mandamus to compel performance of duty, right of private person. 9- 1074; 1912A-1118. Subpoena not entitled in any pending prosecution, validity of issuance. 9- 977. Sunday, power of court to sit as magis- trate on Sunday. 1916B-15. MAJORITY Continued. be decided by majority or other pro- portion of voters. 13-416; 1912D-949. Municipal corporation, legality of action by majority of quorum of city council. 1916E-274. Partnership, power of majority to bind firm. 1916C-110. MAGNA CARTA. Trial by jury, relation of Magna Carta. 1914A-873. MAGNIFYING-GLASS. Jury permitted to use as constituting re- versible error. 1915B-1093. use during deliberations on articles in evidence. 1915B-745. MAIL. See Postoffice. MAIL CLERKS. See Postal Clerks. MAIL-CRANES. Location near railroad track as actionable negligence. 9-1002; 1916E-717. MAINTENANCE. See Champerty and Maintenance; Support and Maintenance. MAIN TRACK. Meaning of term as used in statute or ordi- nance. 1918E-242. MAJORITY. Arbitrators, when award by majority suffi- cient. 15-507. Corporation, legality of action by majority of quorum of corporate directors. 13- 786. Elections, construction of constitutional or statutory requirement that proposition MALICE. Act lawful in itself not rendered unlawful by malicious motive. 1-250; 16-810; 1912D-798; 1916C-438. Adjoining land owner maliciously excavat- ing on his own premises, liability for resulting injury to adjoining building. 21-18. Assault, provocation as showing want of malice. 1-899. Blacklisting, action therefor as dependent on malice of party. 1-474. Dying declarations, malice on part of de- clarant as affecting admissibility in evidence. 1917A-1247. False imprisonment, malice as element of offense. 4-332; 21-459; 1914C-1168. Libel and slander, burden of proving malice where communication is priv- ileged. 7-844; 1913C-1072. complaint against public officer or em- ployee to body having power in mat- ter, privilege as affected by existence of malice. 19-1198. evidence of repetition after commence- ment of action as admissible on ques- tion of malice. 12-103. privileged communication as actuated by malice as question of fact. 10-1154. Malicious prosecution, what constitutes malice as element. 21-756. Taking property maliciously as larceny. 18-825. MALICIOUS ABUSE OF PROCESS. See Abuse of Process. Distinction between malicious prosecution and malicious abuse of process. 3- 722; 1915A-S31. 542 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MALICIOUS MISCHIEF. MALICIOUS PROSECUTION continued. Meaning of word "malicious" in statutes defining offense. 1-494; 16-336. Verdict in malicious prosecution upon charge of malicious mischief as exces- sive or inadequate. 1916C-260. MALICIOUS PROSECU- TION. 1. In General 2. Institution of Proceedings. 3. Probable Cause. 4. Termination of Proceedings. 5. Advice of Counsel, Magistrate or Lay- man. 6. Persons Liable. 7. Actions. 1. In General. Bankruptcy, effect of discharge upon judg- ment for malicious prosecution. 3- 169; 12-1011. False imprisonment as distinguished from malicious prosecution. 21457. "Malice" as element of malicious prosecu- tion, what constitutes malice. 21-756. Malicious abuse of process as distinguished from malicious prosecution. 3-722; 1915A-831. Verdict, what is excessive or inadequate verdict in action. 1916C-250. 2. Institution of Proceedings. Attachment, maliciously suing out attach- ment, liability for. 7-547. Bankruptcy or insolvency proceeding, in- stituting as ground of action for ma- licious prosecution. 1916D-909. Injunction, procuring as ground for action for malicious prosecution. 1914D-611. Institution of proceeding sufficient to sup- port action, what amounts to. 12- 1021. Nuisance, institution of proceeding to abate as ground for action for ma- licious prosecution. 1916E-493. Beplevin, institution of suit as ground for action for malicious prosecution. 18- 812. Search-warrant, issuance as constituting malicious prosecution. 1-996; 10-372, 3. Probable Cause. Acquittal in criminal prosecution as evi- dence of want of probable cause. 18- 65; 1916E-376. Commitment by examining magistrate as evidence of probable cause. 6-260. Continuance of prosecution without proba- ble cause, liability for. 15-157. Conviction in criminal proceeding procured by fraud, perjury, etc., probative force. 15-486. reversal of conviction on appeal or new trial as affecting its probative force in action for malicious prosecution. 6-508; 1913B-1054. Discharge by magistrate as evidence of want of probable cause for criminal prosecution. 3-112; 7-859. Grand jury's action as evidence of existence or want of probable cause. 21-1047; 1916A-340. Guilt of plaintiff of offense for which pros- ecuted, though acquitted, right of de- fendant to show. 5-110. Judgment, decree, or order in civil suit as . evidence of probable cause. 2-579. Possession of stolen property as evidence of probable cause. 1913A-745. Similar act committed by friend or relative as probable cause for belief in person's guilt. 1916A-1125. 4. Termination of Proceedings. Abandonment of proceedings as termination sufficient to support action for mali- cious prosecution. 1914B-1285. Appeal or writ of error from judgment in original proceeding as interrupting time to institute action for malicious prosecution. 1913E-919. Attachment, termination of proceedings as condition to maintenance of action for wrongful attachment. 1912A-445. Compromise of proceeding as termination sufficient to support action. 7454; 1915D-1250. Discharge by committing magistrate after hearing on merits as sufficient termination to sustain action. 1913A- 926. Dismissal by magistrate without trial on merits as termination in favor of plain- MALPRACTICE MANDAMUS. 543 MALICIOUS PEOSECUTION Continued. MALICIOUS PROSECUTION Continued. tiff in malicious prosecution. 7-482; 16-1107. Nolle prosequi, entry as termination of pro- ceeding sufficient to support action for malicious prosecution. 1915D-1164. condition of plaintiff, admissibility of evidence. 21-931. Necessity of alleging that all defendants joined in instituting proceedings com- plained of. 9-1175. 5. Advice of Counsel, Magistrate or Layman. Counsel's advice as defense to action for malicious prosecution. 1-932; 11-954; 19120-423. Magistrate's or layman's advice as defense to action for malicious prosecution. 16-718; 1918A-498. 6. Persons Liable. Advising or procuring third person to in- stitute proceeding, liability as for ma- licious prosecution. 1918A-485. Agent instituting malicious prosecution, liability of principal. 1-72*3; 8-327; 1914B-637. Attorney, liability for malicious prosecu- tion in bringing suit for client. 1915B- 718. Master and servant, liability of former for act of latter in instituting malicious prosecution. 8-327. Statement of facts to magistrate, public prosecutor or executive officer, liabil- ity as for malicious prosecution. 1918A-492. 7. Actions. Acts of plaintiff occurring after institution of prosecution, admissibility on issue of malice or probable cause. 1914C- 808. Belief of defendant in truth of charge made against plaintiff as question of law or fact. 1912C-1043. Character of plaintiff, admissibility of evi- dence in action for malicious prosecu- tion. 4-839; 1916D-1167. Condition of jail where plaintiff was con- fined and treatment therein, right to show in action for malicious prosecu- tion. 19-614. Financial circumstances of defendant, ad- missibility of evidence in action for malicious prosecution. 1913D-563. MALPRACTICE. See Physicians and Surgeons. MALT LIQUORS. Prohibition of sale. 2-99. MAN. Ward as including male under twenty-one years of age. 1912A-233. MANACLES. Eight of prisoner undergoing trial to be free from shackles. 5959. MANAGERS. Amusement performances, contract for ser- vices of manager. 1914B-12. English Compensation Act, manager as workman within purview. 1913C-30. MANDAMUS. 1. Nature of Writ and Jurisdiction to Issue. 2. Subjects of Belief. 3. Procedure. 1. Nature of Writ and Jurisdiction to Issue. Action or special proceeding, mandamus as. 8-311. Court of equal dignity or jurisdiction, issu- ance of mandamus to. 12-564. Federal court mandate, power of state court to enjoin state officers from obeying. 11-746. Mandatory injunction, when grantable on ground of inadequacy of mandamus as remedy. 1912D-110. Original jurisdiction of state court of last resort to issue writ. 20-184. 544 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MANDAMUS Continued. 2. Subjects of Relief. Accused not brought to trial within consti- tutional or statutory period, remedy by mandamus. 1912D-1273. Corporations, corporate stock, mandamus to compel issuance. 16-900. duties arising out of contract, mandamus as remedy to compel performance. 8 410; 12-112; 1912C-890. inspection of corporate books, right of stockholder to mandamus to compel. 19-310. Court-martial proceedings as subject to mandamus. 17-448. Courts, entry of judgment by default, right to compel proper official. 1913B- 344. private person's right to mandamus to enforce performance of duty by court or magistrate. 9-1074; 1912A-1118. refusal of court to entertain jurisdiction on ground of discretion, mandamus as remedy when it has no discretion. 1915D-199. Disbarment proceedings, right of attorney to review by mandamus. 10-546; 1918B-837. Elections, private person's right to enforce by mandamus public right or duty re- lating to elections. 11-419. recanvass of votes, mandamus to compel board of canvassers to reassemble for purpose. 1912C-1257. General course of conduct, or performance of continuing duty or series of acts, mandamus to compel. 4-198; 20- 220. Governor of state as subject to mandamus. 3-392; 11-620; 1913B-789. Initiative or referendum petition, officers charged with duty of passing on, as subject to writ of mandate. 1916B- 829, 855. Justice of peace, writ as remedy for cor- rection of errors in justice's court. 1913E-74. Licenses, liquor license, mandamus to con- trol issuance. 1918A-687. professional license, mandamus to con- trol action of board in granting. 16- 183. Municipal corporation, contractual obliga- tion, mandamus as remedy to compel MANDAMUS Continued. performance in behalf of municipality. 1918A-915. inspection of municipal books and pa- pers, mandamus as remedy of citizen or taxpayer for refusal to permit. 1913E-61. public contract, mandamus to compel municipality to let. 17-651. repair of street, mandamus to compel municipality. 20-848. taxpayer's right to enforce performance of public duty. 1913C-909. Newspaper, compelling publication of no- tice required by law by mandamus. 1916A-386. Pension matters, review of action of officer or board under writ. 8-950. Permissive words in statute imposing duty, mandamus to enforce. 1915A-450. Private person, mandamus against. 1913A 483. . Public officers, official action after expira- tion of term, mandamus to compel. 3- 172. which of several officers must perform^, certain duty, mandamus to determine. 3-174. restoration of party to office, mandamus as remedy. 12-14; 1912A-930. Public service commission, mandamus to control act of commission. 1914D- 795. Public utilities, whether court will compel performance of obligations of franchise. 1914A-1244. Eailroad, to compel maintenance of safe and adequate equipment. 12-369. School authorities, mandamus to compel reinstatement of pupil. 15-407. review by court in mandamus proceed- ings of regulations of school boards for control and discipline of pupils. 6-998. Sheriff or constable, mandamus to compel execution of writ or other process. 1913B-569. < State contracts, enforcement by manda- mus. 5-295. Taxation, decision of tax official or board in matter of assessment, mandamus to review. 1912B-7S6. MANGLES MAPS. 545 MANDAMUS Continued. Third person's approval OT co-operation essential to act as affecting right to mandamus. 1915C-132. Unincorporated associations, mandamus as remedy against. 16-1246; 1914B-90. Unlawful acts, mandamus to aid. 1-204. 3. Procedure. Abatement of mandamus, death of re- lator as causing. 1915A-267. termination of respondent's office as ground. 4-75; 10-60; 1918A-1000. Appeal, dismissal where question involved has become immaterial. 5-626; 1912C- 247. right of respondent who has obeyed writ. 2-627. Judgment as bar to all issues which might have been litigated therein. 1913B-541. Limitation statute or doctrine of laches, applicability to proceedings. 9-845; 20-1114. Parties, joinder, who may join as relators in mandamus. 1912B-420; 1918C-873. necessary parties respondent in proceed- ings involving title to office. 2-553. Peremptory writ, necessity of conformity with alternative writ. 1912D-671. MANGLES. Injury to servant operating mangle, lia- bility of master. 17-1104. Workmen's compensation, injury resulting from cleaning mangle while in motion, contrary to rule, as accident in course of employment. 1914B-502. MANUFACTURERS Continued. Dealer, manufacturer as "dealer." 1917A- 95 8, 965. . Defective construction of automobile, lia- bility of maker to third persona. 1913B-694; 1916-446; 1917E-584. Distinction between manufacturer and dealer in goods. 21-78. Electric light and power company, as "manufacturer." 7-726; 1913C-71S. Food products, liability of manufacturer to ultimate consumer for unwhole- someness of food. 16-500. Gas company as manufacturer. 10-668. Independent contractor, person employed in manufacturing work as constitut- ing. 19-24; 1918C-656. Negligence of manufacturer, liability to third persons for injuries resulting. 1-756. Patent or proprietary medicine, manufac- turer's civil liability for injury caused by use. 1914D-51. Workmen's Compensation manufacturing as employment within purview of act. 1917D-24. MANUFACTURING ESTABLISHMENT. Labor laws, what constitutes within stat- ute regulating hours of labor. 191SD- 685. "Plant," meaning of term as applied to manufacturing establishment. 1917A- 320. Taxation, what is manufacturing estab- lishment within exemption provision. 1915B-223. MANSI.AUGHTER. See Homicide. MANUFACTORIES. See Factories. MANURE. Tenant's right of removal from premises. 11-80. Waste, removal of manure as constituting. 1918D-546, 553. MANUFACTURERS. Article not inherently dangerous, liability of manufacturer as for negligence. 1914A-877. Index to Notes 33 MAPS. Ancient map, admissibility in evidence as dependent on being official or unoffi- cial. 1916C-176. 546 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MAPS Continued. Dedication of park or square by selling lots according to*map or plat. 17- 312; 1917R-197. Land purchased according to map as rais- ing implied covenant of vendor not to change or alter streets. 16-582. Beservation of land on map or plat for specified purpose as dedication thereof to public. 1916D-1079. MARGINAL FIGURES. Bills and notes, object and effect of mar- ginal figures. 1-611. MARGINS. Contract for future difference, admissi- bility of evidence of other transac- tions by parties on issue as to. 1914D-87. Equitable relief against enforcement of contracts to pay money on margins. 1-154. Pledge of stock carried on margin, right of broker. 1912B-563. Eights and duties inter se between broker and customer on margin contracts. 1915B-915. Stock carried on margin, ownership as between broker and customer. 14 986. MARINE INSURANCE. Beneficiaries, recovery under policy by one within description, but not within contemplation of parties to contract. 4-501. "Collision," meaning of term in policy. 1914B-849. Constructive total loss within policy, frus- tration of voyage because of exist- ence of war as. 1916D-S84; 1918C- 373. value of wreck as element in determin- ing. 12-23. "Exposing buildings," construction of pol- icy with respect to provision. 1913C- 73. Law governing contract of marine insur- ance. 19-38. MARINE INSURANCE Continued. Peril of the sea, what is within policy. 1912D-1038. Eeinsurance, payment of loss by reinsured as prerequisite to recovery from in- surer. 14-951. Tax on policy on exports as tax on ar- ticles exported. 1915D-1090. MARITIME EMPLOYEES. "Workmen's Compensation Act as appli- cable. 1916C-88, 280; 1917E-919; 1918B-661. MARITIME LAW. See Ships and Shipping. MARITIME LIENS. See Ships and Shipping. MARITIME PRIZES. See War. MARKETABLE TITLE. Opinion evidence as to marketability of title to realty, admissibility. 21-840. MARKET PRICE. See Market Value. MARKET REPORTS. Erroneous transmission of market prices by telegraph, liability of company. 3-429; 1912C-1279. Evidence, admissibility and purpose of reports as evidence. 12-127; 1913E 211. Eefusal of telegraph company to furnish for gambling purposes, right to equi- table relief. 6-S87. Eight of property in market quotations. 8-761. MARKETS. Municipal regulation of market stalls in public streets, power to establish or license. 1914D-352. Nuisance, fish market as nuisance. 15-105. MARKET VALUE MARRIAGE. 547 MARKET VALUE. Bankruptcy, market value of property of bankrupt as affecting insolvency with- in bankruptcy law. 11-451. Corporate stock, evidence admissible to prove market value. 1915C-64. Diminution of market value as measure of damages for injury to lateral and subjacent support. 5-219. Evidence of market value, competency of witness to testify to. 1914A-882. Property without market value, measure of damages for loss or destruction. 9-1148; 1917B-579. Selling price fixed by combination or monopoly as constituting market price. 1918A-575. MARKS. Ballots, place of marking for candidate as affecting validity of vote. 20- 672; 1917E-657. validity with respect to kind of mark for candidate. 1918A-1131, 1160, 1165. Signature of will by testator's mark, suffi- ciency. 18-769; 1917B-874. MARRIAGE. 1. In General. A. GENERALLY. B. PROOF OF MARRIAGE. C. EFFECT OF MARRIAGE. 2. Validity. 3. Marriage Brokerage. 4. Restraint of Marriage. 5. Annulment of Marriage. See Bigamy; Breach of Promise of Mar- riage; Divorce; Husband aad Wife. 1. In General. A. GENERALLY. Eugenics statute, validity. 1916B-1051. Frauds, statute of, contract of marriage dependent on contingency for per- formance within one year as within statute. 4-175; 1916E-113S. general principles governing applica- tion of statute as applicable to eon- MAEEIAGE Continued. tract in consideration of marriage. 1913E-334. Impairment of prospects of marriage as element of damages for personal in- juries. 15-53. Inducing marriage, contiaet to induce marriage between third persons, va- lidity. 1918C-820. fraud in inducing marriages, right to damages. 1915D-220. Judgment involving fact or validity of marriage, collusiveness. 1912C-245. Purchaser pendente lite, person acquiring interest through marriage as. 1918C- 68. "Eesidence" as synonymous with "domi- cile" in statute relating to marriage. 1915C-790. Settlement contract, implication of cross- remainders. 1916B-718. infant's right to disaffirm after attain- ing majority. 12-861. B. PROOF op MARRIAGE. Admission of party as proof of marriage in prosecution for adultery. 1912A- 286; 1915C-980. Competency of person claiming property of decedent as widow to testify to fact of marriage. 1912A-881. Criminal conversation, proof of marriage in action for. 15-870; 1917A-755. Divorce, necessity and sufficiency of proof of marriage as prerequisite to allow- ance of temporary alimony. 10-558; 1913A-664. Eye-witness, marriage ceremony as prov- able by testimony. 1916A-653. Family record, admissibility of entry to show marriage, where person making entry is alive. 6-59. C. EFFECT OF MARRIAGE. Alimony decree of divorced wife as ef- fected by her remarriage. 11-523. Bastardy proceedings as affected by mar- riage of woman. 19-389. Citizenship of woman as affected by mar- riage. 1915B-265; 1916E-648. Debts between parties as extinguished by marriage. 16-221. 548 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MARRIAGE Continued. Emancipation of child by marriage. 17- 785. School teachers, marriage of woman teacher as ground for removal. 1917D-271. Seduction, subsequent marriage of par- ties as terminating or suspending prosecution for seduction. 14-344. Wills, marriage and birth of issue as revocation of will. 7-786. subsequent marriage of testator as re- voking will under statute making wife heir of husband. 17-1142. woman's will as revoked by her subse- quent marriage. 1913A-218; 1917C- 1039. 2. Validity. Cohabitation as constituting marriage. 1-202. Common-law marriage, validity in Amer- ican jurisdictions. 1912D-598; 1917E- 252. necessity of cohabitation. 1915C-1018. Deaf and dumb person, capacity to con- tract marriage. 1913B-1240. Divorce, effect of marriage within pre- scribed time after divorce. 1-202; 1918E-557. evasion of decree or statute prohibiting remarriage of party or parties, valid- ity of marriage contracted. 15-759. extraterritorial effect of divorce decree or statute prohibiting remarriage after divorce. 15-758; 1918E-1074. remarrying in foreign jurisdiction after decree of divorce forbidding remar- riage as contempt of court. 1914A- 1175. Drunkenness as rendering ceremony of marriage invalid. 1913B-1242i Duress, marriage to avoid prosecution for seduction as voidable for duress. 14- 869. Foreign marriages. 3-1054; 12-577; 1912C-625; 1915B-1002. Indians, common-law marriages between. 1918E-380. License, validity of marriage without li- cense required by statute. 7-784; 14 593. MARRIAGE Continued. Marriage originally void because of legal impediment, status where cohabita- tion is continued after removal of impediment. 6-484; 1913D-544. Mental capacity, degree of incapacity sufficient to invalidate marriage. 1913B-1234. marriage and contract capacity con- trasted. 1913B-1238. unsound mind, marriage with person as void or voidable. 1912D-1127. * Minor's marriage without consent of parents or guardian required by stat- ute, validity. 17-94. Presumption as to capacity to contract marriage. 1913B-.1242. Relationship of parties, marriage within prohibited degrees as void or void- able. 1-613; 1917C-151. Subsequent marriage, presumption and burden of proof as to validity. 17- 680; 1918E-1233. 3. Marriage Brokerage. Brokerage contracts. 1-696. Matrimonial agency, advertising as scheme to defraud within federal statute prohibiting use of mails in furtherance. 1914D-1247. 4. Restraint of Marriage. Contracts in restraint of marriage, legal- ity. 4-732; 10-572. Deeds, validity of condition in restraint of marriage. 1917D-282. Testamentary disposition in restraint of marriage, validity. 5-138; 9-1143; 1918B-1141. TVills, validity of legacy or devise condi- tioned on recipient obtaining divorce or separation from spouse. 1917B- 167. 5. Annulment of Marriage. Alimony pendente lite and counsel fees, power of court to grant in action to annul marriage. 5-380; 20-1347. Compensation for wife's services, power of court on dissolving marriage to order payment. 1914B-S51. MARRIED WOMEN'S ACTS MASSAGE. 549 MARRIAGE Continued. Concealment of unchastity or prior mar- riage as ground for annulment. 1914C-1291. Dissolution by other than court decree, validity in another jurisdiction. 1913D-537. Duress, marriage to avoid prosecution for seduction as voidable for duress. 14 869. Evidence, quantum of proof required to invalidate marriage on the ground of mental incapacity. 1913B-1242. Hearing of action in camera, right of court. 1913E-639. Impotency as ground for annulment. 1913A-128. Insanity, fraud in concealing as ground for annulment. 12-28. Intent of man contracting marriage not to continue " relation as ground for annulment. 1915A-829; 1916E-924. woman's intent on contracting mar- riage not to assume marital relation as ground for annulment. 1918E-191. Parties in pari delicto, right to annul- ment of void marriage. 1913D-456. Physical or mental health, fraud in con- cealing or misrepresenting as ground for annulment. 12-28. Eesidence of plaintiff, statutory provi- sions governing divorce actions as ap- plicable to action to annul marriage. 1912C-593. Support of wife or child, right to provi- sion on annulment of marriage. 14- 8S5. Violence or duress as ground for annul- ment. 20-1375. MARRIED WOMEN'S ACTS Continued. Limitation of actions, Married Women's Act as affecting statute generally. 8-817. running of statute against claims exist- ing between husband and wife as af- fected by. 1914C-570. Paraphernalia of wife, ownership as af- fected by act. 16-509. MARRIED WOMEN. See Husband and Wife. MARSHALING ASSETS. Homestead lands, doctrine as applied to. 17-1061. Inverse order of alienation within doc- trine. 1916D-1119, 1135. MARSHALS. Carrying concealed weapon, city marshal as exempt from statute against. 1914A-253. Fees of marshal, personal liability of at- torney. 1917B-521. MARSHES. Drainage of surface waters. 2-198. MARTIAL LAW. See War. -Definition, distinctions and extent. 1914C 23; 1916A-1175. Trial in military court as bar to prosecu- tion in civil court and vice versa. 11-645. MARRIED WOMEN'S ACTS. "Conveyance" as including lease. 1913D- 1001. Estates by entirety as subject to claims of creditors within purview of act. 12-54; 1912C-1243. effect of act on tenancies by entirety. 2-560. profits, crops and usufruct of estate, wife's right as affected by act. 4- 1102. MASONIC LODGES. Charitable institution within purview of tax exemption laws. 1912A-1187; 1918E-1043. MASSAGE. Special regulation of treatment of disease by massage, validity. 1917B-798. Treatment of diseases by massage as practice of medicine. 1913C-480; 1916A-S61; 1917E-1165; 1918B--119. 550 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MASSES, Bequest for celebration, validity. 14- 1025; 1915D-1122. MASTER AND SERVANT. 1. Relation and Rights of Parties. A. IN GENERAL. B. DISCHARGE OF SERVANT. C. COMPENSATION. 2. Liability of Master for Injury to Ser- vant. A. PERSONS TO WHOM LIABLE. B. NEGLIGENCE GENERALLY. C. DELEGATION OF DUTIES. D. COMPETENCY AND NUMBER OF SER- VANTS. E. INSPECTION ON PART OF MASTER. F. WARNING AND INSTRUCTION. G. SAFE APPLIANCES AND PLACES OP WORK. H. CONTRIBUTORY NEGLIGENCE. I. ASSUMPTION OF BISK. J. FELLOW-SERVANTS. K. LIMITATION OF LIABILITY. L. PROOF OF CAUSE OF INJUEY. M. RELIEF DEPARTMENTS. N. LIABILITY INSURANCE. O. ACTIONS. 3. Liability of Master to Third Persons. 4. Liability of Servant and Third Person Inter Se. D. Liability of Servant to Master. 6. Joint Liability of Master and Servant to Third Persons. 7. Criminal Responsibility. See Employers' Liability Acts; Independ- ent Contractors; Labor Laws; Work- men's Compensation. 1. Relation and Rights of Parties. A. IN GENERAL. Blacklisting agreement, validity. 1-474; 1917A-644. Burglary, unauthorized entry of premises by employee of owner, burglarious entry. 1916E-534. Change of employment as breach of con- tract of service. 20-664. Child labor employment, validity and con- struction of prohibitory acts. 9- 110S; 15-473; 1913E-339. MASTER AND SERVANT Continued. Coercion of employer by threats to strike, as unlawful act. 3-974. Continuous service or employment as re- quired by contract for prescribed length of time. 1915D-1081. Contract of employment, supplementing by proof of collateral oral agreement. 1914A-458. Corporation, authority of general man- ager or agent to hire employees. 1914B-831. employee as competent attesting wit- ness to deed or mortgage. 15-592. Criminal liability for breach of contract by employee, constitutional provision against imprisonment for debt as con- travened by statute imposing. 14- 1060. servant who has received advances, va- lidity of statute making breach of contract punishable as crime. 7-959. Death, master dying during term of ser- vice, rights and liabilities of parties to contract of employment. 1913E- 902. servant dying during term of service, rights and liabilities of parties to contract of employment. 17-182. Distinction between office and employ- ment. 17-451; 1917D-319. Drainage district, employees of. 1915C- 29. Duration of general contract of hiring for indefinite time. 8-280; 1913D-218. Enticing servant to quit service, liability for. 2-442; 8-8 S9. Federal Hours of Service Act, construc- tion. 1915D-456. Frauds, statute of, contract for year's employment to commence in future, validity within statute. 5-330. Independent contractors, who are. 19-3; 1913B-573; 1918C-627. Interference with contract relations, civil liability of third persons. 2-442; 11- 337; 1912B-1162; 1915D-522. Labor unions, agreement of employer with labor union as affecting rights of member of union. 1915B-101. discharge of union employees, validity of laws prohibiting. 1-939; 13-773. MASTER AND SERVANT. 551 MASTER AND SERVANT Continued. refusal to employ union labor as penal offense. 7-121. Landlord and tenant, person occupying premises of employer as part of com- pensation as tenant of owner. 1916C- 1111. Libel and slander, statement with respect to character of domestic servant as privileged. 1917A-342. Patents, right to invention where servant is employed to embody master's con- ception in practical form. 10-553. Peonage, constitutional and statutory pro- visions. 3-321; 14-11S; 1915B-498. Personal services, what is contract there- for within rule that damages for breach may be mitigated by earn- ings of employee in other employ- ment. 1914A-810. Railroad employees, meaning of "family" as used in Interstate Commerce Act authorizing issuance of free ticket to employees and families. 19]i5B-326. qualifications, validity of statute pre- scribing. 1915D-423. Release given in consideration of re-em- ployment by release, validity. 4-647. Resignation of employee, effect on rights of parties to contract of employment. 1916A-1011. Restraint of trade, contract by servant not to engage in similar business as master after termination of employ- ment, validity. 8-155; 1914A-500; 1916D-547. covenant by employee not to engage in same business as enforceable by in- junction. 15-694; 1916C-1S9. Term of employment and rate of compen- sation of one continuing in service after termination of contract. 1918B- 1176. Time as essence of contract to enter em- ployment of another. 191SD-756. Trade secrets of master, duty of servant with regard to. 17-144; 1914C-631; 1918C-1026. Witnesses, information acquired in em- ployment as privileged from dis- closure. 1916C-701. Existence of Relation. Convict laborer, employment as establish- ing relation of master and servant. 13-168; 1912B-565. MASTER AND SERVANT Continued. Crop sharing, relation between owner of premises and person working land for share. 1914B-148. Person hired by one but paid by an- other, to whom he bears relation of servant. 1913B-912. Railroad and sleeping-car employee as sus- taining relation of master and ser- vant. 12-739. Stopping work temporarily by employee for own purposes, effect on relation of employee as such. 1913C-942; 1918A-1194. B. DISCHARGE OF SERVANT. Absence or tardiness as ground for dis- charge. 1916A-1024. Contract for definite period providing services are satisfactory, right of mas- ter to discharge servant. 11-840; 1915A-74.9. Disobedience of order or rule as ground for discharge. 1916A-1027. Engaging in other business or employ- ment as ground for discharge. 1916A- 1032. Insolvency or disrespect as ground for discharge. 1916A-1016. Intoxication as ground for discharge. 1916A-1019. Neglect of duty as ground for discharge. 1916A-1022. Reasons for discharge, constitutional liberty of speech and press as in- fringed by statute prohibiting dis- charge without giving reason. 15-S 1 ; 1915B-1185. validity of statute requiring master to give reason for discharge. 18-348. Sexual immorality of servant as ground for discharge. 17-360. Sufficiency of ground for discharge as question of law or fact. 1916A-1040. Waiver by master of right to discharge servant. 19-877. C. COMPENSATION'. Action for wages, what may be shown as defense or setoff. 1918D-79. Assignment of unearned wages, validity. 5-64; 1913B-531; 1915C-691; 1917A- 760. 552 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MASTER AND SERVANT Continued. Extra services performed, right of ser- vant to recover pay. 12-663. Forfeiture of wages, breach of rules by servant as ground. 1914A-46. Illness of servant, right to recover wages for time lost on account thereof. 1912A-1181. Minimum wage rate, private employment, validity of statute fixing. 1918D-465. public work, validity of statute or ordi- nance fixing. 1913E-990. Priority of wage claim, bankruptcy, wages as preferred claim. 1916D-343. statutory lien for employees' wages, priority. 10-344. validity of statute giving employee lien for wages superior to lien of prior mortgage. 4-1027. Profit-sharing agreements between em- ployer and employee. 1914A-797; 1916B-762. legal meaning of word "profits" in sal- ary contract. 20-6S8. Salary and wages, distinction between. 1917B-321. Seamen, what constitutes "loss" within meaning of statute terminating sea- men's wages upon loss of vessel. 1916D-688. Statute relating to wages, effect of par- tial invalidity. 1916D-68. Store order acts, constitutionality. 1 417; 14-620. Time of payment of wages, validity of statutes regulating. 9-238; 13-482; 1916B-135. Tips as part of earnings or wages. 14- 336; 1918B-1122. Unexpired contract period, liability of employer for wages where he goes out of business. 6-236. Wilful breach of duty as affecting re- covery for services. 5-613. Wrongful dismissal, right of servant to recover wages subsequent thereto. 13-112; 1912B-365; 1916A-472. 2. Liability of Master for Injury to Servant. A. PERSONS TO WHOM LIABLE. Automobiles, liability of owner to chauffeur for personal injuries. 1916E-1090. MASTER AND SERVANT Continued. Domestic servant, liability of master to. 1917D-499. False imprisonment, refusing servant means of leaving mine as constitut- ing. 1915C-822. Infant employed without consent or con- trary to agreement with parent, lia- bility of master to parent for in- juries. 1913C-234. Loan of employee of another to master, duty and liability of latter. 20-442. Services without pay for purpose of learn- ing business, liability of master to one performing. 7-63S; 11-177. Substitute or assistant employed by ser- vant, liability of master to such per- son. 4-444; 14-389; 1913C-792. Sunday labor in violation of statute, lia- bility of master to servant injured while working. 1912C-397. Transfer of business in which servant is employed after commencement of con- f tract of employment and without no- tice to servant, liability of master for injuries to servant. 1914A-474. Watchmen, night watchman, duty and lia- bility of master to. 1912C-1036. railroad watchman, duty and liability of master to. 1912C-1037. B. NEGLIGENCE GENERALLY. Defect in car-coupling apparatus, neces- sity that employer have knowledge to be liable to servant for resulting in- jury. 4-763; 21-86. Experimenting with new and untried de- vice as negligence on part of em- ployer. 1912C-335. Flagging approaching train, duty and lia- bility of railroad company to train employee sent out for purpose. 18- 1143. Flying-switch as negligence with refer- ence to employees of railroad. 10- 19; 1912D-344. Food, unfit or bad, liability of master for furnishing to servant. 1912D- 776. Hospital for servants, negligence of em- ployees, liability of master conduct- ing hospital. 14-749. MASTER AND SERVANT. 553 MASTER AND SERVANT Continued. Imputation of negligence arising from relation of master and servant. 1912A-648. Medical aid to injured servant, liability of master for failure to furnish. 1915D-507. right of employee to resort to outside physician where aid is provided by employer. 1918D-1C53. Minor employed in violation of statute as negligence on part of employer. 8-644; 14-123; 1912B-803. Repair of public highway, liability of town for injuries to employee caused by negligence of officer. 1914A-55S. Signals, misinterpretation by railroad em- ployee as negligence. 1915A-1265. failure of railroad to sound statutory signals as negligence toward employee working at place other than cross- ing. 16-1112. Speed of train, liability of railroad to employee on train for injuries caused thereby. 21-806. Statutory duty, neglect by employer as permitting action by employee for personal injuries notwithstanding Workmen's Compensation Act. 1918D- 334. Sudden stopping of train, liability of rail- road company to trainman injured thereby. 19-1248. C. DELEGATION or DUTIES. Guarding shafting, statutory duty of master as nondelegable. 1914A-664. Switches, duty to set switch as delegable by master. 14-382; 1912B-385. Warning and instructing servant, duty of master as discharged by delegation to servant. 11-105. D. COMPETENCY AND NUMBER OF SER- VANTS. Excessive hours of employment, liability of master for injuries to servant caused by. 7-191; 18-844. Failure to provide sufficient number of servants to perform particular act, liability of master to servant for in- jury caused by. 19-1044. Full Crew Acts, validity and construction. 1915B-162. MASTER AND SERVANT Continued. General reputation of fellow-servant for inetimpetency, evidence in action by servant against master. 18-927. Incompetent servant, who is within law of master and servant. 1912C-96. Opinion evidence as to competency of ser- vant, admissibility. 19-1151. E. INSPECTION ON PART OF MASTER. Boiler inspection, construction of federal act. 1918C-584. Premises, injuries to servant, liability of master on ground of failure to in- spect premises, where duty is on in- jured servant. 17-1087. Public official's inspection of machinery, material, etc., as relieving master of duty to inspect. 14-71. Tools, duty of master to inspect common or simple tools. 7-342; 1912A-1004. Torpedoes, duty of railroad to inspect. 19-1099. F. WARNING AND INSTRUCTION. Explosives used in prosecution of work, for which servant is employed, duty of master to warn servant of dis- charge. 12-248. Flagman at' crossing, duty of railroad to warn of approach of trains. 11-51. Infant servant, duty of master to warn and instruct. 3-368; 17-487; 1914A- 609. Scientific facts, duty of master to in- struct servant as to. 19-1154. G. SAFE APPLIANCES AND PLACES OF WORK. Animal furnished to servant, duty and liability of master with respect to. 19-863; 1917A-309. Appliances, care required of master in providing. 1-340. meaning of term "appliance" as used in law of master and servant. 19- 151. Belts, breaking of belt on machinery, liability of master to servant for in- juries caused. 21-94. Blocking frogs, switches and guard-rails, duty of railroad company. 9-498; 1916E-642. 554 INEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MASTER AND SERVANT Continued. Bridge construction, duty and liability of master to servant engaged in work. 21-763. Cars standing idle, liability of railroad or street railway for injuries to ser- vant resulting from failure to block or secure. 1914A-572. Changes or repairs made in machinery or appliances after accident, admissi- bility in evidence in action by ser- vant against master. 11-502; 1913E- 356. Collapse of building, liability of master to servant for injuries. 18-8. Couplers, construction of federal Safety Appliance Act in reference to keep- ing couplers in repair. 14-239. failure of railroad to equip with auto- matic couplers as negligence per se. 10-701. Derrick, injuries caused by, liability of master to servant. 20-896. Emery-wheel, servant injured by burst- ing. 1912B-1334. Federal Safety Appliance Act, when car is engaged in interstate commerce within meaning of act. 21-390. Felling tree or pulling down other object, liability of master to servant for in- juries received. 20-249. Guarding machinery from which servant has sustained injury, burden of proof and sufficiency of evidence as to practicability. 18-133. Health and safety of employees, constitu- tionality of statutes providing for. 2-780. Lights, liability of master for injuries received by servant in place not suffi- ciently lighted. 20-2. "Machinery," meaning of term with re- spect to duty of employer. 1918E- 204. Mail-crane, location near railroad track as actionable negligence. 9-1002: 1916E-717. Mangles, injury to servant operating mangle, liability of master. 17-1104. Mines, falling of roof of mine, liability of mine owner to servant for in- juries caused. 1912B-577. independent contractor, negligence re- sulting in injury to contractor's ser- MASTER AND SERVANT Continued. vant, liability of mine owner. 1912A-596. premature explosion, liability of mine owner to servant for injuries caused. 1913C-954. "working place," what is under statute requiring miner to keep working place safe. 1915A-1231. Object falling from passing train, lia- bility of railroad to employee injured. 1913D-48. Passing to and from work, duty of master to provide safe place for servant. 5-712; 1913E-1033. Personal injury of servant not caused by negligence of master but aggravated by use of machinery or appliance, right to recover damages. 21-1117. "Require," legal meaning in statute re- lating to protection of minors and women employed about machinery. 1912A-1238. Eunaway horse, liability of master for injury to servant. 1916E-1117. Eunning engine or train backward as negligence with respect to employees lawfully on right of way or rolling stock. 1913D-8. train run on wrong or unusual track as negligence. 1917A-937. Safe place to work, master's duty to fur- nish as applicable to servant making place safe or in good repair. 12- 623. Saw operated by machinery, liability of master for injuries to servant. 1913C-125. Scaffolding, liability of master to ser- vant for injuries caused by fall. 18-611; 1913B-1123. Shafting, duty and liability of master in respect to guarding. 18-652; 1914A-658. Sliding of rock, earth, etc., in trench, quarry or other excavation, liability of master for injuries to servant. 7-301; 21-708. Street-cars, employee injured on running- board of car by coming in contact with structure or other object near car, liability of street railway com- pany. 1913E-1072. Structure near track, negligence of rail- road in constructing permanent MASTER AND SERVANT. 555 MASTER AND SERVANT Continued. structure close to tracks as question of law or fact. 7-331. Third person's premises, duty of master to furnish safe appliances or safe place to work as applicable to ser- vant sent to work thereon. 1913B- 796. Torpedoes, duty and liability of master to servant with respect to use of railroad torpedoes. 19-1097. Train, what constitutes within federal Safety Appliance Act. 1915C-667. Wash-room for employees, validity of statute requiring master to furnish. 1915D-991. H. CONTRIBUTORY NEGLIGENCE. Burden of proof as to contributory negli- gence. 10-4. Disobedience of rules or regulations of master as affecting right of servant to recover for personal injuries. 8- 3; 10-152; 1912 A-84. Failure to use appliances furnished as contributory negligence on part of servant. 3-41. Federal Safety Appliance Act, contribu- tory negligence as defense there- under. 1914D-386. Forgetfulness of known danger as negli- gence of servant. 1913B-1197. Illness of employee injured as proximate cause of injury. 2-734. Latent danger, burden of proof of knowl- edge by employee. 11-116. Bemaining at work with incompetent fellow-servant after master's promise to remove him as contributory negli- gence. 11-625. Eule promulgated by master for guid- ance of servant, reasonableness as question of law or fact. 1913C-187. Statutes affecting defense of contributory negligence in actions by servants against master. 5-633. Railroad Employees. Coupling cars, contributory negligence of servant in failing to choose safer of two ways. 15-995. Crossing tracks, duty of railroad em- ployee to look out for approaching trains. 11-211. MASTER AND SERVANT Continued. Jumping from moving train, failure of master to furnish safe machinery or appliances, jumping by railroad em- ployee as contributory negligence. 17-1221. threatened collision, contributory negli- gence of railroad employee in jump- ing to avoid. 10-766. Misinterpretation of signal by railroad employee as negligence. 1915A-1265. Eiding on pilot of engine by railroad em- ployee as contributory negligence. 16-273. Track-hands, duty to look out for and avoid passing trains. 8-332; 1913A- 440. I. ASSUMPTION OF RISK. Distinction between defenses of assump- tion of risk and contributory negli- gence. 18-960. Federal Employers' Liability Act, as- sumption of risk under act. 1915B- 481; 1917D-922. Flying-switches, employees on cars moved as assuming risk. 10-19. Incompetent fellow-servant, remaining at work after master's promise to re- move him as assumption of risk. 11-625. Infant servant, assumption of risks after warning as exonerating master. 3- 383. Lifting heavy objects, assumption or risk by servant in undertaking. 17-241. Lineman, applicability of doctrine of as- sumption of risk. 15-598; 1912B-- 467. Obeying unauthorized orders as assump- tion of risk by employee. 19-379. Orders of master, assumption of risk by servant in performing act thereunder. 7-435. Promise by master to furnish additional safety appliance or instrumentality as relieving servant from assumption of risk. 17-896. repairs promised by master as affect- ing servant's assumption of risk. 4-153; 9-1011; 1913C-505. Question of law or fact, assumption of risk arising after commencement of employment. 3-814. 556 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MASTER AND SERVANT Continued. Bailroad employee, handling defective or disabled cars as assumption of risk. 8-422. Sliding of rock, earth, etc., in trench, quarry or other excavation, liability for injuries caused to servant. 7 301; 2i-708. Statutory duty of employer, failure to perform as affecting defense of as- sumption of risk. 4-599; 5-456; 13- 36; 1913C-210; 1918A-128. Tools, assumption of risk of defects in common tools. 7-342. Unguarded shafting, assumption of risk by servant. 1914A-659, 662. J. FELLOW-SERVANTS. Abrogation of fellow-servant doctrine, constitutionality of statute. 10-1113; 19-196. Assault on servant committed by su- perior servant, liability of master. 10-377. Conflict of laws as to fellow-servant doc- trine. 7-257. Disobedience of rules by fellow-servant, liability of master for injuries to ser- vant caused thereby. 21-941. Domestic servant as fellow-servant of child or other servant of employer. 21-304. Dual capacity doctrine with respect to vice-principal or fellow-servant. 1- 143. Employee of another injured by person, liability of latter where negligence of fellow-servant of employee con- tributes to injury. 7-1181. Estoppel of master to invoke fellow- servant doctrine by failure to com- ply with statutory regulation. 10- 43. Forced labor, liability for injury to per- son performing for negligence of co- worker. 4-479. Hodcarrier as fellow-servant of other employee. 1912A-1009. Lineman of electric company as fellow- servant of employee in power-house. 17-467. Mines, boss or foreman employed pur- suant to statute, negligence causing MASTER AND SERVANT Continued. injury to employee, liability of mine owner. 10-747; 19-514. employees of mine as fellow-servants. 21-103. Playful or mischievous act of fellow- servant, liability of master to ser- vant injured thereby. 1912C-422. Pleading, necessity that master plead negligence of fellow-servant in order to set up defense in action by ser- vant for injuries. 1913A-981. Question of law or fact as to whether em- ployees are fellow-servants. 1912D- 75. Biding to or from work by employee in master's vehicle, applicability of fel- low-servant doctrine. 11-374; 16-289; 1912D-63. Selection of appliance or material from supply provided, liability of master for negligence of fellow-servant. 2- 909; 10-207. Ships and shipping, members of crew of vessel as fellow-servants. 21-110. Superior servant, personal liability to un- der servant for act of coemployee. 1913C-111. Eailroad Employees. Abrogation of fellow-servant doctrine as to railroads, employees within mean- ing of statute. 11-924; 17-514. kind of railroad intended by constitu- tional or statutory provision abrogat- ing doctrine. 8-1086; 1912D-64S. Car or track inspector as fellow-servant of other railroad employees. 13-274. Conductor as fellow-servant of members of train crew. 3-919. Engineer of train and trainman or brake- man as fellow-servants. 13-1107. Palace-car and railroad company servants as constituting fellow-servants. 13- 1146. Eailroad employees on different trains as fellow-servants. 4-1031; 21-1236. Section-hand as fellow-servant of other railroad employees. 8-232. Train-dispatcher, telegraph operator, or car-starter as fellow-servant of other railroad employees. 9-788; 1912D- 882. MASTER AND SERVANT. 557 MASTER AND SERVANT Continued. MASTER AND SERVANT Continued. Union depot company employee as fellow- right of jury to consider fact that em- servant or employee of railroad com- ployer is insured against accidents to pany using depot. 18-278. employees. 3-554; 9-323; 1913C-359. K. LIMITATION or LIABILITY. Agreement limiting liability of master to servant for future negligence, validity and effect. 6-3; 1912A-1152; 191SB- 293. Circus owner's contract with carrier lim- iting liability of latter for injuries to employees of former, validity and effect. 12-1077. Sleeping-car company's contract with rail- road releasing latter from liability to employees, cars of latter hauled by former, validity and enforceability. 1915B-534. L. PROOF or CAUSE or INJURY. Actual cause of injury, necessity of prov- ing in action by servant for personal injuries. 5-167. Kes ipsa loquitur doctrine as applicable to relation of master and servant. 1914D-94; 1915C-515; 1916B-752. falling of object during building con- struction, doctrine of res ipsa loquitur as applicable to injury to servant. 1912D-436. vulcanizer explosion injuring servant, applicability of res ipsa loquitur doc- trine. 1914D-971. Unexplained starting of machine whereby employee is injured as warranting in- ference of negligence on part of em- ployer. 1912D-511. M. BELIEF DEPARTMENTS. Belief departments or associations as af- fecting master's liability for future negligence. 6-8. maintenance by railroad company as ultra vires. 6-11. recovery under federal Employers' Lia- bility Act as affected by acceptance of benefits of relief department. 1916A- 783; 1918E-1193. N. LIABILITY INSURANCE. Insurance of employer against liability to employees as inuring to benefit of latter. 1912C-155. O. ACTIONS. Admiralty jurisdiction of action against master by servant. 13-1219. Amendment of complaint in action for personal injuries by changing descrip- tion of place of injury as introducing new cause of action. 1915B-219. stating additional ground for same in- jury after running of limitation stat- ute as barred. 1913D-742; 1916B- 511. Bill of particulars in negligence action as to failure to make rules, give instruc- tions, or provide safe place to work. 1916B-108. Declarations and admissions of servants not made contemporaneously as ad- missible in . actions for personal injuries. 3-624; 13-859. Inconsistent defenses in action growing out of employment. 1917C-719. Injuries by saw operated by machinery, pleading and evidence in action by servant against master. 1913C-138. Void contract exempting master from lia- bility as admissible in evidence. 6-12. 3. Liability of Master to Third Persons. Acts of servant in excess of instructions, liability of master. 5-123. Adulterated article, liability of master for sale by servant or agent. 17-135. Animals, harboring servant's dog by mas- ter, liability for injuries caused by it. 1914B-607. knowledge by servant of viciousness of animal as imputable to master. 18- 673. Attorney, liability for negligent act of clerk or assistant. 1917B-18. Automobile owner, liability for chauf- feur's acts. 10-732; 12^972; 1914C- 1087; 1916A-659, 666; 1917D-1001. Brakeman's implied authority to eject tres- passer. 2-624; 18-892. Carrier of passengers, liability for ser- vants' acts outside scope of employ- ment. 1-617; 19-618. 558 INDEX TO THE NOTES, 1 ANX. CAS. TO ANN. CAS. 1918E. MASTER AND SERVANT Continued. Charitable institutions, liability for negli- gence of employees. 4-104; 11-160; 1913E-1129; 1915C-586. Death by wrongful act of servant, extent of master's liability. 1-490. Detectives, liability of employer for acts. 1917A-587. Deviation by servant from course of em- ployment, when liability of master reattaches. 3-607; 20-1292. Direction of another, liability of master for act of servant performed there- under. 7-1 0; 14-731. Discharge of servant from personal lia- bility, effect upon master's liability for servant's act. 9-660; 21-1013; 1915C- 191. Druggist, liability for negligence of drug clerk. 1915C-419. Evidence in action against master for negligent act of servant, discharge of servant subsequent to action as ad- missible. 1913A-S60. f competency of servant, materiality of evidence in action for damages caused by his negligence to third per- son. 19-997. f rules of master as admissible in action to recover for injuries caused by negligence of servant. 21-147; 1915C-913. False weight or measure, liability of mas- ter for act of servant in giving. 1914B-1077. Tire started by servant, liability of mas- ter to third person for damage caused. 1914A-1102; 1917B-1054. Headlight, running train without head- light as negligence towards person on track at place other than crossing. 1918A-1181. Hospitals, liability of owner or proprietor of private hospital or sanatorium for negligence of employees. 8-1046; 1915B-1229. Implied authority of servant to contract for medical, surgical or other attend- ance or supplies for sick or injured persons. 3-570; 1912C-474; 1918A- 791. Infant master, liability for tort of aer- vant. 1916A-962. MASTER AND SERVANT Continued. Insane servant, liability of master for negligent or tortious acts. 4-135. Knowledge of servant acquired before becoming such as imputable to mas- ter. 1912D-95. Libel or slander by servant, liability of master. 21-343. Messenger service, injury to or loss of article intrusted to messenger, lia- bility of person or corporation en- gaged in furnishing service. 1912C- 1186. liability of company furnishing messen- gers for hire for loss of money in- trusted to messenger. 5-797. Object thrown from' train by railroad em- ployee, liability of company for per- sonal injuries caused. 1917D-540. Overworked servant, liability of master for injuries caused by. 14-120. Pilot association, liability for negligence of pilot. 13-950. Public officer, servant who is also public officer, liability of master for act. 6-252; 17-638; 1913D-113; 1915C- 533. Religious institution, liability of head thereof for torts of subordinates. 1915B-1234. Bequest to physician by employer to at- tend employee as raising implied promise to pay for services. 1914C- 590. Retaining servant in employ with knowl- edge of acts committed by him as rendering master liable. 1912C-S50. Superior ser/vant's personal liability to third person for act of under-scrvant. 1915C-106. Theaters and places of amusement, duty to guard against negligence of em- ployees and licensees. 5-928. Thefts of servant, liability of bailee. 1- 96. Torpedoes, railroad company's liability to person injured through act of servant acting outside scope of employment. 1914C-1102. Wharves, employee of third person, right to recover damages for injuries sus- tained on defective wharf. 1916C- 146. MASTER OF VESSEL MATERIALS. 559 MASTER AND SERVANT Continued. 4. Liability of Servant and Third Person Inter Se. Duty and liability of person furnishing appliances for use by servant of an- other for injury to such servant. 1913C-754. Hospitals and asylums, personal liability of officer or employee for torts. 1915D-775. Injuries to third person caused by defects in machinery or other instrumental- ities .furnished by master, liability of servant. 1913B-725. 5. Liability of Servant to Master. Accounting or damages for servant's breach of contract in failing to de- vote whole time to master's service, right of master to. 1913B-511. Conservation of master's property, duty of servant. 1912D-214. Delivery of goods without collecting charges, in violation of instructions, liability of servant to master. 11- 276. Knowledge of servant of matters acquired before entering or outside of scope of employment, duty to disclose to master. 1913E-819. Lack of care, skill or diligence in per- forming work, servant's liability to master. 1913A-454. 6. Joint Liability of Master and Servant to Third Persons. Joint action against master and servant for negligent or other action of ser- vant. 10-756. Removal of causes, joint action against master and servant as removable to federal court on ground of residence of defendants. 4-1151; 9-760. 7. Criminal Responsibility. Criminal liability of master for acts of servant. 13-707. Homicide by master, defense of servant as justifying. 13-105S 1 . Intoxicating liquors, criminal liability of master for violation of liquor law by servant. 13-708. MASTER AND SERVANT Continued. licensee's liability for illegal sale by his servant against instructions. 13-324; 1912A-1109; 1915B-380. personal liability of servant of liquor dealer for violation of liquor law. 19-582. MASTER OF VESSEL. See Ships and Shipping. MASTERS IN CHANCERY. See References. MATERIALMEN. Building contract, assignment of proceeds by materialman. 1918D-609. Mechanic's lien in favor of materialman as affected by default of contractor. 17-116. Public works, liability of municipality for failure to take from contractor bond for protection of materialmen. 1917B- 1089. Statute or ordinance requiring public con- tractor to pay all claims Before set- tlement as giving right of action against city to materialman. 1915B- 86S. MATERIALS. Attachment, liability of materials fur- nished to be used in construction of building to attachment at suit of contractor's creditor. 1913A-876. Building materials in streets, duty of abutting owner to safeguard and re- move. 10-918. Contractor's botfd to property owner, right of one furnishing material to sue thereon. 1916A-754, 767, 773. Explosive for blasting as "material" un- der mechanics' lien laws. 5-446. Independent contractor, furnishing mate- rials as test of independence of con- tractor. 19-19. Mechanic's lien for furnishing materials to contractor, necessity of their in- corporation in structure. 13-13; 19 588; 1913B-502. Negligence of fellow-servant in selecting materials from supply provided, lia- bility of master. 2-909. 560 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MATERIALS Continued. Person furnishing material as subcon- tractor within mechanic's lien law. 1917C-804. Railroad construction, "materials" as used in statute giving mechanic's lien for materials used. 9-309. Tools and appliances for construction work as constituting materials under mechanic's lien law. 1912B-227. MATRIMONIAL ACTIONS. Hearing in camera, right of court. 1913E- 639. MATRIMONIAL AGENCY. Advertising as scheme to defraud within postal laws. 1914D-1247. Marriage brokerage contracts. 1-696. MATTERS. "AD matters," meaning of term. 1917E- 87. MAY. "May" and "shall" occurring in same stat- ute. 4-420. MAYHEM. Self-defense as defense to prosecution. 15-82. MAYOR. Absence from city, as affecting perform- ance of duties. 1912C-352. Mayor as municipal officer. 1914D-1234. MEADOWS. Changing into arable land, pasture, gar- den, orchard, or building land as waste. 1918D-544, 550. MEAL. Meaning within statute permitting sale of liquor on Sunday. 17-818. MEANTIME. Meaning of word. 1913E-1049. MEASUREMENTS. Admissibility in evidence when taken by nonexpert. 1S-1175. Comparative weight of actual measure- ment and estimate. 1916E-573. Distance in given case, whether determi- nable by straight line or otherwise. 1913E-452. MEASURES. See Weights and Measures. MEAT DEALERS. Statutory or municipal regulation. 1912B- 510; 1917A-198; 1918D-533. MEAT-HOUSE. Burglary, sufficiency of indictment with respect to description. 1913D-874. MECHANICAL APPLI- ANCES. Dangerous character es provable by ex- pert testimony. 7464. MECHANICS. Agent within statute for service of pro- cess on agent of foreign corporation. 1914D-988. Trade, mechanic as engaged in. 1916A- 1200. MECHANICS' LIENS. 1. In General. 2. Services or Material for Which Lien is Claimable. 3. Property Subject to Lien. 4. Consent or Direction of Owner. 5. Building Contract Terms. 6. Persons Entitled to Lien. 7. Priorities. 8. Notice or Statement and Filing of Claim. 9. Loss or Waiver of Lien. 10. Foreclosure Proceedings. MECHANICS' LIENS. 561 'MECHANICS' LIENS Continued. 1. In General. Application of payment, right of owner of building on which lien is claimed to control. 1917C-58S. Attorneys' fees, validity of mechanic's lien law providing for taxing. 11- 714; 1916D-1044. Statutes relating to mechanics' liens, ef- fect of partial invalidity. 1916D-69. Validity of mechanic's lien laws. 4-620; 1912C-339. 2. Services or Material for Which Lien is Claimable. Appliances, teams, etc., rented to con- tractor for use in erecting building or other work, right of renter to lien. 15-383. "Appurtenances," meaning within mechan- ic's lien statute. 1912B-10. "Building," meaning of term within me- chanic's lien statute. 1912B-7. Explosive for blasting as material for which lien may be had. 5-446. Improvement for which lien may exist, nature of. 1912B-5. Incorporation of materials in structure, necessity therefor to sustain lien. 13-13; 19-588; 1913B-502. Machinery, meaning of term in lien stat- ute. 1918E-209. "Materials." construction of word as used in statute giving lien for materials furnished for railroad construction. 9-309. Plant, meaning of term as used in lien statutes. 1917A-328. ' Sidewalk construction, lien for. 4-1015. Tools and appliances used for construc- tion work as materials for which lien may be had. 1912A-227; 1915B-966. Transportation of materials to be used in connection with improvement, right to lien. 1916E-1030. 3. Property Subject to Lien. Buildings or improvements as distinct from land on which located, mechan- ics' liens on. 2-689. Index to Notes 36 MECHANICS' LIENS Continued. Charitable or religious institution, right to lien against. 1915D-1145. Decedent's estates, liability to lien for l&bor and material furnished. 1-771. Destruction or removal of improvement giving rise to lien, extension of lien to land. 2-812; 1913A-943; 1914D- 681. Homestead as subject to mechanic's lien. 1917E-747. Joint or separate liens on lots owned in severalty for improvements under en- tire contract. 1912C-873. Leasehold estates, lien on. 3-1 0&6; 14 1031. Municipal corporation as included under term corporation in statute. 1913B- 747. Public property (other than school), right to lien on. 1-371; 1914C-102. Public school building as subject to lien. 17-131; 1913A-762. Railroads, application of mechanic's lien laws. 7-269; 1913C-95. Separate buildings located on noncon- tiguous lots, mechanic's lien on. 2- 685. 4. Consent or Direction of Owner. Entireties, estate as subject for work performed under contract with one spouse only. 11-S7. Homesteads, necessity of joinder of wife in lienable contracts. 9-12. Improvements with consent but not at ex- pense of owner of realty, mechanic's lien on realty for. 11-1082; 19-734; 1916C-1133; 1918C-1019. Infant's property, right to lien under con- tract made with guardian. 15-1089. "Owner," term as including tenant for years. 1912A-316. 5. Building Contract Terms. Contractor as precluded from filing lien by stipulation in building contract against liens. 1-954; 1913E-562. Entire contract containing nonlienable items, right to lien thereunder. 4- 836. 562 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MECHANICS' LIENS Continued. Subcontractors, effect of stipulation against lien in building contract. 14-144. 6. Persons Entitled to Lien. Architect's right to lien. 9-97; 1913A- 275; 1915A-714. Assignee of lienable claim, right to lien. 21-962; 1915C-1119. Corporation, right to lien. 7-430. Default of contractor, effect on lien of subcontractor, materialman or work- man. 17-116. Laborer, who is within statute giving lien to laborers. 1913B-138; 1915D- 931. Loan of money to contractor as giving right to lien. 1918D-350. Municipal corporation, right to mechanic's lien. 7-430. Subcontractor, who is within mechanic's lien law. 1917C-801. Surety on contractor's indemnity bond, right to assert lien on property. 21- 995. 7. Priorities. Assignee of amount due contractor and lien claimant, priority between. 19- 435; 1913D-514; 1918C-1081. Conveyance of property and mechanic's lien, priority as between. 1916B- 616, 632. Execution sale, right of lienholder to en- join. 1918C-276. Instantaneous seizin, application of doc- trine. 7-624. Mortgage of property and mechanic's lien thereon, priority as between: 1916B- 634, 667, 669, 672, 674. purchase-money mortgage and me- chanic's lien, priority as between. 1916C-951. 8. Notice or Statement and Filing of Claim, Amendment of statement or notice of mechanic's lien, right of. 1915A-60. Claim for more than is due, effect of fil- ing on mechanic's lien. 1914D-878. MECHANICS' LIENS Continued. Computation of time of filing of claim as fixed by date of actual completion or date of acceptance of work. 1912A- 908; 19150-1188. Extension of time for filing claim of lien by substitution of new materials for those already furnished. 1912C-217. Incorrect designation of owner of prop- erty in statement of claim for lien, effect. 14-689. Naming owner or person against whose interest lien is claimed in caption but not in body of instrument, suffi- ciency of statement or notice. 20- 1162. New claim, right of claimant to file when first claim is invalid. 15-1086. Payment of contractor in full by owner, enforceability of mechanic's lien filed thereafter. 1913A-405. Eunning account, commencement of run- ning of time against mechanic's lien for materials furnished. 7-947. Service of notice of lien . on agent of owner, sufficiency. 16-355. 9. Loss or Waiver of Lien. Bankruptcy of owner of property, effect on right to lien. 1917C-292. Contract inconsistent with lien as waiver . of mechanic's lien. 1-954. Estoppel of subcontractor from claiming lien by representations inducing pay- ment to contractor. 1916D-1068. Extension of credit as waiver of lien. 20-522. Failure to comply with contract as de- fense to claim of lien. 1916E-549. Judicial sale of realty as creating loss of mechanic's lien. 1915A-314. Mortgage security, taking thereof as con- stituting loss of mechanic's lien. 1916D-179. Tender as discharging mechanic's lien. 1912B-932. Unsecured note of owner or contractor, taking as waiver of lien. 1915A-961. 10. Foreclosure Proceedings. Conflict of laws, enforcement in one state of lien for work or materials fur- MEDICAL ATTENDANCE MEETINGS. 563 MECHANICS' LIENS Continued. nished in another state, right to. 10-374. Cross-bill, right to file in proceedings to foreclose mechanic's lien. 9-228. Decedent's estate, presentation of claim as condition precedent to action to foreclose lien. 1913D-275. Judgment in action to foreclose me- chanic's lien, right to personal judg- ment. 1912A-129. collateral attack on judgment or decree in mechanic's lien proceeding. 1913B 1261. Jury trial, right in action to foreclose mechanic's lien. 1913B-283. Other remedy, right to enforce mechanic's lien and pursue other remedy simul- taneously. 3-1100. Parties, necessary or proper parties to ac- tion to foreclose lien. 1918B-3, 28, 31, 34, 41. Sureties, judgment against principal as evidence against surety. 9-15S; 1915D-408. MEDICAL ATTENDANCE. Implied authority of officers, agents or servants to contract for attendance or supplies for sick or injured persons. 3-570; 1912C-474; 1918A-791. Master's liability for failure to provide medical aid to injured servant. 1915D-507; 1918D-1053. Pauper furnished by individual, liability of municipality. 1916D-183. Eefusal by parent to permit surgical oper- ation on child as criminal neglect. 1916A-337. Keligious belief as defense to criminal prosecution for failure to furnish medical attendance to another. 1913B- 1221. Eequest to physician to attend third per- son as implying agreement to pay for services. 1914C-587. Wife's liability for medical services ren- dered husband. 5-S32. MEDICAL BOOKS. Admissibility in evidence. 19-1002; 1916A-795. MEDICAL EXAMINATION. Life insurance, effect on policy of incor- rect opinion answer made in good faith in medical examination. 8-1156. Workmen's compensation, medical exami- nation of workmen under act. 1914C 86; 1918B-670. MEDICAL EXPENSES. Personal injury case, effect of instruction as to allowance, where there is no evidence of expenses. 1913D-150. MEDICAL SCHOOL. What is medical school. 1912B-1354. MEDICINE. See Druggists; Food and Drugs; Physi- cians and Surgeons. Alcohol in medical preparation as bring- ing it within purview of intoxicating liquor statute. 13-638; 1917C-909. Hawker and peddler regulations as appli- cable to venders of medicine. 1912D- 1292. Meaning of "medicine" in statute regu- lating sale of poison by druggist. 20-494. Patent or proprietary medicine, civil lia- bility of vendor or manufacturer for injury caused by use. 1914D-51. "Profession," "professional," legal mean- ing of term as applied to practice of medicine. 1913E-242. Samples, prohibition against distribution of sample of medicine or other del- eterious substance, validity and con- struction of statute. 1915C-551. MEETINGS. Corporation, directors' meetings, validity of action without formal meeting. 1914B-715. notice of meeting of corporation or di- rectors, sufficiency. 1914D-862. special meeting of stockholders, suffi- ciency as to contents of noticje. 1917E-1001. 564 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MEETINGS Continued. waiver of notice of stockholders' meet- ings. 1016E-1038. "Divine worship," meeting therefor within Btatute against disturbance. 19-448. MEMBERSHIP. See Beneficial Associations; Board of Trade; Building and Loan Associa- tions; Corporations; Societies and Glubs; Stock Exchanges. MEMORANDUM. See Frauds, Statute of. Admissibility as evidence of past recollec- tion of witness. S-210. Alteration of instruments, memorandum attached to promissory note, effect of detaching. 1917E-603. Check, memorandum thereon as notice to bank. 1913B-1342. MEMORIALS. Charitable nature of gift as affected by fact it is intended, as private memo- rial. 21-1159. MEMORY. Amnesia caused by personal injuries as affecting credibility of witness. 15 1149. Injury affecting memory, adequacy of ver- dict. 1916B-430. Refreshing memory from published state- ment or report made by witness in- stead of from original memorandum, right of witness. 1913B-582. inspection of memorandum used by wit- ness, right of opposite party. 9-560. Weight of testimony based on memory of oral statements. 18-1191. MENTAL AND PHYSICAL WRECK. Wiat is excessive verdict in action for personal injuries. 1913A-1383. MENTAL ANGUISH. Assault, mental anguish as element of damages. 1915C-84. Assessment of damages for mental suffer- ing separately from physical injuries, right of. 20-990. Carriers, breach of contract of carriage of goods or baggage, recovery of damages for mental suffering. 1915D- 89. carrying passenger beyond destination, mental suffering as element of dam- ages. 16-189. Death by wrongful act, parent's mental anguish for death of child as element of damages. 1912C-64; 1916B-534. w.ife's or child's mental anguish for death of husband or father as ele- ment of damages. 3-103; 16-933. Evidence, necessity and competency. 2-* 55; 1912B-538. Landlord and tenant, injury to feelings of tenant as element of damages for wrongful eviction. 6-462. Libel or slander, damages as recoverable. 1914C-291. Physical injuries of another, recovery of damages for mental suffering on ac- count of. 5-579. Telegraph cases, conflict of laws as to recovery of damages for mental an- guish. 7-1068"; 19-1063. excessive verdict for mental anguish, , what is. 1913B-246; 1916C-524. mental anguish doctrine in telegraph cases. 1-355; 8-474; 13-399; 1912D- 838. statute permitting recovery from tele- graph company of damages for men- tal anguish as interference with fed- eral agency. 1913C-S68. validity of statute permitting recovery of damages for mental anguish. 1913C-865. MENTAL CAPACITY. See Deaf and Dumb Persons; Insane Per- sons; Wills. Corporate officer, mental incapacity as ground for avoidance by corporation of contract executed by him. 21- 617. MENTAL HEALING MERGER. 565 MENTAL CAPACITY Continued. Drug addict, admissibility of nonexpert opinion as to mental capacity. 1913B- 108. Fairness of transaction, burden of proof as to dealings with incompetent per- sons. 1912A-710. Hypothetical questions as to mental con- dition, necessity that they should contain all evidence on point in issue. lg-648. Infant, mental capacity as test of com- petency as witness. 14-4. Marriage, degree of incapacity sufficient to invalidate. 1913B-1234.' Partner, mental incapacity as ground for dissolution of partnership. 1913D- 1148. Release of claim for personal injuries, effect of releasor's mental incapacity. 3-574. MENTAL HEALING. Advertising to treat by mail as scheme to defraud within postal laws. 1914D-1244. MENTAL POWER. Excessiveness of verdict for injuries im- pairing mental power. 16-48. MENTAL WEAKNESS. Eight to show mental weakness (not in- sanity) of party to action without pleading same. 1915B 454. MERCANTILE AGENCIES. Law of mercantile agencies. 1916D-747. Report as privileged within law of libel and slander. 12-149; 1916D-764. MERCANTILE BUSINESS. Meaning of term "plant" as applied thereto. 1917A-320. MERCHANDISE. Chattel mortgage on stock of merchan- dise, after-acquired goods as covered thereby. 1916D-1215. 1228. MERCHANDISE Continued. sufficiency of description of stock of merchandise in chattel mortgage. 1915D-783. Vessels as included witMn term "mer- chandise." 11-681. MERCHANTABLE QUALITY. Implied warranty on sale by sample. 1917C-321. MERCHANTS. See Stores. Classification as wholesale and retail for tax purposes. 2-326. Merchants, railroad company's power to conduct business as coal merchant. 4-911. "Trade," merchant as engaged in. 1916A- 1200. Transient merchants, state or municipal regulation. 1917E-505. MERCY. Recommendation of mercy accompanying verdict of guilty, effect. 21-244. MERETRICIOUS RELATIONS. See Mistress. Right to recover for services rendered by person living in meretricious relation with another. 1916B-114. MERGER. Actions, merger or suspension of civil ac- tion predicated on commission of fel- ony. 1916C-847. Corporation, merger as affecting tax ex- emption rights applying to one of en- trants. 13-683. remedy of creditor against corporation which has become merged in another. 1914C-449. Estates, contingent remainder to unborn, person as destroyed by merger. 1917A-910, 932. 566 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MERGER Continued. easement of light as extinguished by merger of estates. 12-303. ground rent as extinguished by merger. S-996. intention of parties as determining merger. 7-700. merger where life tenant also trustee of property. 1917A-1221. Judgment, merger in later judgment based thereon. 1914A-366. MERRY-GO-ROUND. Noise arising from as nuisance. 1912B- 429. MESSAGES. See Telegraphs and Telephones. MESSENGERS. Contracts effected by means of messenger, time when complete. 6-379. Injury or loss of articles intrusted to messenger, liability of person or cor- poration engaged in furnishing ser- vice. 1912C-1186. Intoxicating liquors, liability for violation of law of person who acts as messen- ger of purchaser. 1912C-633. Loss of money intrusted to messenger, lia- bility of company furnishing messen- gers for hire. 5-797. Kequest by messenger to physician to at- tend third person as implying agree- ment to pay for services. 1914C-590. METEORITES. Finder's right as against owner of soil. 1-4; 8-558. METERS. Eight of water company to compel cus- tomer to pay for meter as condition to supplying water. 15-378: 1915C- 1198. METROPOLITAN POLICE. Validity ot statutes creating. 8-1102; 1917D-1112. MICROSCOPES. Information acquired by aid of micro- scope, competency of witness to tes- tify to. 1916D-930. MIDDLE NAME. Mistake in middle name of defendant in publication notice as affecting juris- diction of court. 1913B-1255. MIDWIFERY. Practice of midwifery as practice of med- icine. 13-571. MILEAGE. Public officers, meaning of "necessary travel" or "necessarily traveled" as used with respect to mileage allow- ance. 1918D-934. Taxation of common carrier, propriety of using mileage basis in assessing value of franchise. 1914B-199. proportion of railroad mileage within taxing district as element in valuation for tax purposes. 1916E-1185. Witnesses, right of nonresident witnesses to mileage. 7-163; 10-397. MILEAGE BOOKS. Condition attached to sale, reasonableness. 1914B-915. Validity of order of public service or rail- road commission regulating manner of using mileage tickets. 1915A-1031. MILITARY AFFAIRS. Legislative powers. investigating 1916B-1060. committee, METHODS. MILITARY AUTHORITIES. Dangerous character of acts and opera- False imprisonment by, excessiveness of tions as matter for expert evidence. verdict in action for damages. 1916C- 7-465. 511. MILITARY COURTS MILLINERS. 567 MILITARY COURTS. See Courts-martial. MILITARY LAW. Martial law as distinguished from military law. 1914C-23. Review 'by civil courts of courts-martial proceedings. 17-445. MILITARY NECESSITY. Trespass justified by. 15-1155. MILITARY RESERVA- TION. Crimes committed on, jurisdiction to pros- ecute. 3-831; 11-753. Taxation of personalty on reservation, right of state or territory. 14-964. MILITARY SERVICE. See Army and Navy; Militia. Compulsory military service. 1917C-812; 1918D-100. Insurance, right of recovery on policy as affected by military service. 7-569. Wills of soldiers, or seamen. 1916A-483. MILITIA. Civil liability, act performed by member in obedience to superior officer. 1912D-328. injury to person or property, civil liability of militiaman. 1917C-8, 22, 32. officer's liability to civilian for acts of militia. 10-1164. County support, constitutionality of stat- utes requiring. 1-128. Criminal liability of militiaman for injury to person or property. 1917C-8, 29, 32. Enlistment as contract. 1917B-244. Federal government, power with respect to state militia. 1917B-250. Injury to member, appropriation by state to pay, validity. 1914B-1283. MILITIA Continued. Minor, enlistment in state military service without consent of parent, validity. 1913C-1273. Selective draft law as applicable to militia members. 1918B-863. State court, criminal jurisdiction over member of national guard. 1917A 279. Statutes relating to militia, effect of par- tial invalidity. 1916D-70. Target practice, rights and liabilities with respect to. 1914A-867. Transportation free or at reduced rate, va- lidity of statute requiring. 1913E- 498; 1916E-959. MILK. Constitutionality of statutes or ordinances regulating sale. 4-119; 5-911; 18-321. "Dealer," person selling milk as dealer. 1917A-959. Receptacles used in selling, validity of regulatory statute or ordinance. 14- 703. What is "milk." 1912B-388. MILKMAN. Hawker and peddler license regulations as applicable. 1912D-1292. MILL DAM ACTS. Construction relative to power of eminent domain. 4-996. MILLERS. Trade, miller as engaged in. 1916A-1200. MILL-HOUSE. Burglary, description in indictment, suf- ficiency. 1913D-876. MILLINERS. Trade, milliner as engaged in. 1916A- 1200. 568 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MILLS. Eminent domain, taking or damaging land to create water-power as public use. 4-992; 10-1060. Fire insurance, unoccupied or occupied under policy conditions. 1912D-90. Workmen's Compensation Act as appli- cable to employment in or about mill. 1917D-18, 42. MIND. Injury affecting mind or memory, ade- quacy of verdict. 1916B-430. MINERS. See Mines and Minerals. Workmen's compensation, applicability of act to mining employments. 1917D- 26. disobedience or negligence of miner as * precluding recovery under act. 1916B-1311. injuries as accident in course of employ- ment. 1913C-8, 14, 15; 1914B-502; 1916B-1306. MINER'S INCH. Meaning of "inch" as used with respect to measurement of water. 1916B- 1235. MINES AND MINERALS. 1. In General. 2. What are Minerals. 3. Mining Claims. 4. Interests and Estates in Mineral* 5. Statutory Regulation. 6. liabilities. 1. In General. Coal mine as nuisance. 1915D-841. Corporate stock issued 'for property or ser- vices less than par value of stock, lia- bility of stockholder to creditors of corporation. 1915A-1272. Eminent domain, measure of damages for appropriation of mineral lands. 2- 966. MINES AND MINERALS Continued. public use supporting condemnation pro- ceedings for mining purposes. 2-51; 14-905; 1912D-1004. Oil, storage of oil as nuisance. 1916C-820. Partnership, distinction between mining and ordinary partnership. 4-267; 1914D-1191. liability of retiring member of mining partnership. 16-304. Subjacent support, accrual of action for in- jury to surface. 3-123; 18-752. measure of damages for injury. 5-760; 10-77. rights and liabilities of mine owner. 1913B-1109. Taxation of interest in minerals separately from land. 15-513. "Trade," mining as trade. 1916A-1200. Workmen's Compensation Act as applicable to mining employments. 1917D-26. 2. What are Minerals. "All," meaning as applied to minerals. 1917E-70. Petroleum and, natural gas as minerals. 20-937; 1913B-1214. Precious stones as minerals. 1912C-419. Tax statutes, what are minerals within. 15-514. What substances are minerals. 1912A- 1304. 3. Mining Claims. Location of mining claim, discovery of minerals, sufficiency to support. 15- 628. Mineral or nonmineral character of public land, determination of. 1912A-1302. Patent of mineral land, applicant's rights under final receipt issued on void ap- plication. 1912D-1317. Usages and customs, judicial notice of. 12-433. Withdrawal of public lands from settle- ment for purpose of oil or gas explora- tion. 1918C-1009. 4. Interests and Estates in Minerals. Generally. Abutting owner's right to minerals in high- way. 2-596; 11-445. MINES AND MINERALS. 569 MINES AND MINERALS Continued. Adverse possession as mode of acquisition of title to mines. 6-142; 1912D-1199; 1917E-641. Agricultural land, lease for mining pur- poses as affected by constitutional pro- hibition against long leases. 15-346. Assignee of contract to convey mineral rights as bona fide purchaser. 1918C 468. Covenant against incumbrances, existence of right to enter and take minerals as breach. 1912D-1140. Equipment, meaning of "equip" or "equip- ment" in deed of trust of mining prop- erty. 1913B-201. Frauds, statute of, application to contracts relating to mines. 10-99. Life tenant, right to remove minerals from soil. 8-1121; 1913E-839. Municipal corporation, power to take min- ing property as trustee. 17-747. Partition of mining interests and mining rights. 15-778; 1917D-135. Reservation of mineral rights, distinction between exception and reservation in deed. 18-801. open quarrying as not included under reservation of mines and minerals. 2-639. perpetuities, validity of reservation of mineral rights in perpetuity. 1912.D- 886. Severance of surface and mineral estates, resulting rights of mine owner there- after. 1913B-1106; 1918B-550. - right of mine owner to construct rail- road after severance of surface and mineral estates. 1913B-1108. Tenant in common, conveyance of title to minerals after severance from soil. 1915A-745. removal of minerals from soil, right of tenant in common. 1918B-580. Timber on mineral lands, right of cutting. 1917A-12. Waste, right of owner of land to waste gas, petroleum, percolating waters, or other underlying substance to injury of neighbor. 4-357. Leases. Covenants in mining leases for diligent prosecution of work. 2-446; 20-1165; 1917E-1120. MINES AND MINERALS Continued. - relief from forfeiture for breach of covenant. 20-1172. Executor, power to make oil and gas leases. 1-406. Life tenant and remainderman, respective rights in proceeds of mining lease. 1915A-518. Machinery and other appliances, right of lessee under mining lease to remove. 2-738. Mining lease as sale of land. 9-524. Subletting premises, right of lessee under mining lease. 1913B-1102. 5. Statutory Regulation. "Known to exist," meaning of term in mining statute. 15-629. License tax imposed on owner of premises for extracting mineral, validity. 1918A-678. Safeguarding mine, noncompliance with statute as actionable negligence under statutes not intended for plaintiff's benefit. 9-431. Statutes relating to mines and minerals, effect of partial invalidity. 1916D- 70. Waste of natural gas, petroleum, water and the like by private owner, con- stitutionality of legislation to prevent. 4-213; 16-1001; 1912C-165. Weighing, etc., of minerals which are mined by employees by weight, va- lidity of statutes regulating. 11-74. "Working place," what is under statute requiring miner to keep working place safe. 1915A-1231. 6. Liabilities. Disobedience of rules as affecting right of miner to recover for personal injuries. 8-9; 10-152; 1912 A-86. Excavations, liability of mine owner or operator for injuries resulting from unguarded excavation. 1916E-484. Falling of roof of mine, liability of mine owner to servant for injuries caused. 1912D-577. False imprisonment of miner, refusal to furnish means of leaving mine as con- stituting. 1915C-822. 570 IND^X TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MINIMUM SALARY. MINES AND MINERALS Continued. Fellow-servants, mine employees as. 21 103. Flooding mine, liability. 1914C-458. Independent contractor, person employed in mining or quarrying work as. 19- 24; 1918C-656. negligence resulting in injuries to ser- vant of contractor, liability of mine owner. 1912A-596. Lights, insufficient lighting of mine, lia- bility of master for injuries to ser- vant. 20-5. Negligence of mine boss or foreman em- ployed pursuant to statute, liability of mine owner for injuries to employee. 10-747; 19-514. Oil escaping from lands where stored, lia- bility for resulting injury. 10-868. Pollution of stream by mining operations, liability for. 10-587; 1913D-1082. Premature explosion injuring servant, lia- bility of mine owner. 1913C-954. Subjacent support, when grant of mining rights will release grantee from lia- bility for. 10-874. Water, oil or like, pumped from mine and flowing on to adjoining land, liability of mine owner. 1914D-70. Wrongful working of mine, action for damages, right of vendee under con- tract of sale to sue therefor. 1913C- 1103. measure of damages for wrongfully working mine. 8-43; 1913A-562. MINIMIZING DAMAGES. Injunctions, duty of injured party to minimize damages resulting from im- proper suing out of injunction. 1918C-673. MINIMUM CHARGE Public service corporation other than car- rier, right to make minimum charge for service. 1914D-455. validity of regulation fixing minimum rate. 1916A-933. Water company, right to make minimum charge for service. 1914D-457. Schools, validity of statute fixing minimum salary of teachers. 19H5E-420. MINIMUM WAGE. Private employment, validity of statute fixing minimum wage rate. 1918D- 465. Public work, validity of statute fixing minimum wage rate. 1913E-990. Women and children, validity of regula- tory statute. 1916A-225. MINING PARTNERSHIP. Distinction between mining and ordinary partnership. 4-267; 1914D-1191. MINISTERIAL ACTS. Judges, power of disqualified judge to perform ministerial acts. 5-975. Prohibition to restrain. 3-357. Sunday laws, ministerial as distinguished from judicial acts under prohibitions of law. 1-278; 18-1040. validity of administrative act per- formed on Sunday. 1916B-25. MINISTERS OF THE GOSPEL. Libel and slander, imputation on clergy- man as constituting. 20-718. statement by clergyman from pulpit as privileged within law of slander. 1913A-340. utterance by clergyman (other than statement from pulpit) as actionable under law of slander. 1918C-780. Witnesses, privileged character of commu- nications made to minister of gospel. 7-109; 19-644. MINORITY STOCK- HOLDERS. Eight to maintain suit to wind up or dis- solve corporation. 15-422; 1918E-424. MINORS. See Infants. MIRRORS MISTAKE. 571 MIRRORS. Attachment to wall as constituting person- alty or realty. 1-687. MISAPPLICATION. National bank funds, criminal liability of officer for misapplication. 21-887. MISAPPROPRIATION. Agent of both borrower and lender, who bears loss for misappropriation of funds. 1913C-468. Corporate fund misappropriated by cor- porate officer as a debt dischargcablo in bankruptcy. 1912D-218. Servant's misappropriation of employer's property as matter of setoff in action, for wages. 1918D-85. MISCARRIAGE. Loss of unborn child as element of dam- ages in action for injuries to woman. 19-266. MISCHIEVOUS ACTS. See Larking and Joking. Servant injured through acts of fellow- servant, liability of master. 1912C- 422. MISCONDUCT. See Argument of Counsel; Attorneys; Cor- porations; Courts; Jury; New Trial; Public Officers; Receivers; Trial; Workmen's Compensation. MISDEMEANORS. Arraignment in prosecution for misde- meanor. 12-705. Compounding misdemeanor, validity of contract. 15-310. Eight to plead over after plea of former conviction or acquittal. 9-130. Sentence, effect of failure to ask convicted person if he has anything to say before sentence. 1916C-99. MISFEASANCE. Agency, personal liability of agent having charge of real property for misfeas- ance. 1918D-233. Corporation, criminal liability for act of misfeasance other than homicide. 1916C-459, 470, 476. liability criminally of corporate officers for misfeasance of corporation. 8- 383. De facto officer, criminal liability for mis- feasance or nonfeasance. 20-510. MISLAID PROPERTY. Eights of parties with respect to mislaid as distinguished from lost property. 1917D-803. MISMANAGEMENT. Corporations, mismanagement as ground for suit by minority stockholders to wind up corporation. 1918E-429. MISNOMER. See Judicial Sales; Names; Taxation. MISREPRESENTATIONS. See Beneficial Associations; Carriers of Goods; False Pretenses; Fire Insur- ance; Life Insurance; Release and Discharge; Trademarks and Trade Names. MISSILE STRIKING . WORKMAN. Injury as accident arising out of, and in course of, employment within Work- men's Compensation Act. 1916B-1296; 1301. MISSPELLING. See Names. MISTAKE. Adjoining land owners, right to recover for improvements made by mistake on land of adjoining owner. 1914A-238. Arbitration and award, impeachment of award for mistake of fact not involv- ing exercise of judgment. 1918C-974, 1001. 572 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MISTAKE Continued. Banks, forged signature, right to recover money paid by mistake. 1913D-494. payment by mistake, right to recover. 1-632; 1912D-494. Carrier of goods, contract fixing discrim- inating rate by mistake, validity and enforceability. 16-455; 1918E-458. Carriers of passengers, antedating passen- ger ticket through mistake as affect- ing time limit. 6-122. Compromise, mistake as to law as ground for annulment. 1916D-347. Confusion of goods resulting from mistake. 1913E-678; 1918A-746. Contract due to negligent mistake, equi- table relief against. 5-214; 11-1164. Courts, injunction against proceedings in ease of mistake. 5-727. False imprisonment effected under honest belief as ground for mitigation of damages. 1914A-1019. Fire insurance, mistake of agent in de- scribing location of property, or in in- suring wrong property, effect. 13 1020; 1915C-410. parol evidence" to show terms of con- tract founded on mistake. 1914C-74. reformation of policy for mistake as precluded by failure of insured to read policy. 20-365. Foreign law, equitable relief on account of mistake, right to. 1914C-1264. Frauds, statute of, mistake as ground for relief in view of statute. 3-781. Fraudulent conveyances, transfer to cred- itor by mistake for sum greater than is, actually due as rendering trans- action fraudulent. 1918E-719. Governor, approval of bill by mistake, right to withdraw approval. 13-230. Judgment entered through attorney's mis- take as entitling party to equitable relief. 10-447. Judicial sale, mistake in description of land sold, jurisdiction of equity to cor- rect. 11-85. Landlord and tenant, tenant holding under mistake as to title as excepted from rule against disputing landlord's title. 8-110. Larceny, property taken under belief of ownership and afterward converted to own use as larceny. 1912B-340. MISTAKE Continued. Libel and slander, mistake in naming or describing plaintiff as defense in ac- tion of libel or slander. 1914D-536. photograph published by mistake as that of another as libel. 9-866; 16-1077. Mechanic's lien, effect of filing claim for more than is due. 1914D-878. name of owner of property in statement of claim, effect of mistake. 14-689; 15-1086. Names in legal proceedings, effect of mis- take in middle initial. 15-117; 1912B- 601. Partnership, effect of mistake upon run- ning of limitation statute against ac- counting after dissolution. 1918D- 1117. Payment by mistake, fees or compensation paid public officer, right to recover. 13-351; 1915B-811. forgetfulness of facts as warranting re- covery of money paid. 18-670. interest on money paid by mistake, right to recover. 10-307; 1913B-1259. Poison, sale by mistake, contributory neg- ligence as barring action by injured person against druggist. 8-896. Possession by mistake of one intending to claim only to true boundary as con- stituting adverse possession. 15-827; 1912A-450. Reference, impeachment of award of ref- erees for mistake of fact not involv- ing exercise of judgment. 1918C-974, 1001. Reformation of instrument on ground of mutual mistake. 3 111. sufficiency of evidence to warrant refor- mation on ground of mutual mistake. 19-343. Release, right to rescind for mutual mis- take of law. 20-1247. Rescission, tfor mistake, negligent mis- take of one party as ground. 1913A- 432. sale of land, rescission for mistake in quantity. 4-52. Sales, mistake in price at which goods offered, effect of acceptance by vendee after discovery. 13-1149. purchase of own property by mistake, right to relief. 18-328. MISTRESS MODIFICATIONS. 573 MISTAKE Continued. Tax payments by township to city under mistaken view of law, right to recover back. 1916D-745. Telegram, liability of sender to recover for error in transmission. 1912A-68. Usury, illegal interest reserved through mistake of fact as usury. 9-548. Vendor and purchaser, estoppel of pur- chaser to deny vendor's title as avoided by mistake. 1912C-407. relief for mistake with respect to quan- tity as affected by use of term "more or less." 12-299. Verdict as returned differing from that actually found, affidavits of jurors as evidence of mistake. 3-401. Wills, testator's mistake as to extent of his property as evidence of want of testamentary capacity. 1914A-478. MISTRESS. Divorce, admissibility and weight of tes- timony of paramour in action for divorce on ground of adultery. 1913A-1240. Life insurance in favor of paramour or putative wife of insured, validity. 1915B-542. Services by person living in meretricious relations with another, right t re- cover for. 1916B-114. Undue influence as presumed from rela- tion of man and mistress. 1913C- 143. MISTRIAL. Former jeopardy notwithstanding order of mistrial. 1-118"; 10-1086; 1914B-774. Mistrial and discharge of jury because of sickness of accused as constituting former jeopardy. 1912B-1147. MITIGATION OF DAM- AGES. Assault, provocation in mitigation of damages. 1-899; 19-762; 1917D-582. Breach of promise of marriage, effect of offer by defendant to marry plaintiff. 20-1354. Gratuity from third person as mitigation of "damages. 1-213; 10-794; 1915C- 893. Libel and slander, intoxication as mitiga- tion of slander. 1916E-564. Personal injuries through negligence of another, duty with reference to se- curing physician. 19-979. MOBS. Carrier of goods, limitation of liability for delay caused by mob violence or strikes, validity and effect of stipula- tion. 1915C-1189. Death by wrongful act, liability of sheriff for death of prisoners at hands of mob. 1-490. Injuries caused by mob, constitutionality of statute making municipality liable. 6-268; 14-1133; 1913B-1351. Kangaroo court held by prisoners in jail as rendering municipality liable for acts against fellow-prisoner. 1916D- 190. Lynching of prisoner, liability of sheriff. 19-889; 1913D-636. Municipal liability for damage caused by mob as dependent on notice to au- thorities. 8-465; 1916A-326. What constitutes mob for which munici- pality is liable. 11-185; 18-151. MOCK MARRIAGE. Intercourse by consent secured through mock marriage as rape. 1912C-131. MISUSER. Easement, forfeiture for misuser. 1917A- 1018. Religious societies, dissolution or ter- mination of existence for misuser. 1918D-1057. MODIFICATIONS. Building contract, validity and construc- tion of provision permitting modifica- tions. 1915D-758. Injunction, modification of preliminary injunction before trial. 1916E-205. 574 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. MONEY Continued. MODIFICATIONS Continued. Trusts, power of court to modify terms. 1916A-999, 1008. United States contracts, rights with re- spect to modification. 1918E-13, 34. MONEY. Attachment, what is sufficient levy on money. 1916B-997.. Baggage of passenger, money as baggage. 21-734. Bail, deposit of money in lieu of bail in criminal cases. 5-153; 1913D-194. Bank notes as money. 4-630. payment by purchaser at execution or other judicial sale, bank note as proper medium. 1915C-999. Carrier of goods, liability of common car- rier as carrier of money. 4-769. Confederate note as proper medium of payment by purchaser at execution or other judicial sale. 1915C-999. Counterfeit money, statutes prohibiting advertising with respect to. 1916A- 904. Deposit of money in lieu of written undertaking, what may be deposited as money. 1912C-356. Dollar-mark or other designation, effect of omission in instrument, indict- ment, etc. 1915C-335; 1916B-542. Embezzlement of money, necessity of al- leging value in indictment. 13-554. Fractions of money as falling within doc- trine "de minimis non curat lex " 18-691. Garnishment, money standing in name of debtor but belonging to third person as reachable in garnishment proceed- ing. 1917C-1145. Legal tender, worn or mutilated money, duty of carrier to receive in payment of fare. 1912C-642. Eeplevin to recover money. 1916A-737, Robbery, description of money taken, sufficiency of indictment. 1912B-403. Security, money as "security." 1914D- 625. Tender of money into court, ownership of money tendered. 7-97. Trover for conversion of money. 15- 1011. Wills, bequest of contents of house or receptacle as including money. 1916C-1139. term "personal property" in will as in- cluding money. 1913D-857. MONEY DUE. Legal meaning. 1918E-790. MONEYED CORPORA- TION. What is moneyed corporation. 20-136. MONEY HAD AND RE- CEIVED. Grantee's right of action for money had and received against grantor who executes subsequent conveyance in- juring grantee. 20-1128. Inconsistent defenses in action for money had and received. 1917C-725. Insurance, recovery of money paid for premiums, form of action as for money had and received. 4-125. Joint action against several defendants, right to maintain. 1913A-935. License fee, right to recover where li- cense fails without licensee's fault. 17-187. Limitation of actions, mere existence of fiduciary relation as barring defense of statute against action on behalf of plaintiff. 1915B-250. Money paid on sale of land under verbal contract, right of purchaser to re- cover. 2-932. Payment of money procured by person with knowledge that it is due to an- other, right of action against. 1918D-245. . Pledge of property by agent without au- thority, right of principal to sue for money had and received. 1913C-1295. Privity of contract, right to maintain action in absence of. 1913A-477. MONEY IN COURT. Eight to interest on deposit. 1912B-1005. MONET PAID MONOPOLIES AND COMBINATIONS. 575 MONEY PAID. See Payment. MONOPOLIES AND COM- BINATIONS. 1. In General. 2. Unlawful Combinations. 3. Contracts in Restraint of Trade. 1. In General. Anti-trust laws, effect of partial in- validity. 1916D-36. Blacklisting agreement, legality. 1917A- 644. "Commodity," legal meaning. 1916D- 896. Exclusive rights or privileges, constitu- tionality of statutes granting. 1- 847. depot grounds, right of railroad to grant exclusive privileges. 2-190; 14-494. express company, right of railroad to grant exclusive facilities. 13-1079. Frauds, statute of, contracts not to en- gage in certain business as within statute. 4-177; 1916E-1143. Patents, effect of Sherman Anti-trust Act on monopoly conferred by letters patent. 1912D-774. Witness testifying under federal Anti- trust Act, extent of immunity. 1914C-131. MONOPOLIES AND COMBINATIONS Continued. restrictive agreement on sale of copy- right as combination in restraint of trade. 9-908. Corporation acquiring stock in another corporation for purposes of control and preventing competition. 8-64. Criminal conspiracy, combination in re- straint of trade as constituting. 1913E-603; 1917B-1017. Damages, right of action by merchant against unlawful combination which prevents him from getting goods to sell. 9-1189. setoff of damages sustained by defend- ant on account of monopoly, right to set up in action on collateral con- tract. 1916D-946. Foreign corporations, agreement to with- draw from state as combination in restraint of trade. 1915A-256. Illegal combinations within Sherman Anti-trust Act. 2-956; 9-299; 1912D- 764; 1913D-721; 1917D-329. Patents, restrictive agreement on sale as combination in restraint of trade. 9-908. Personal services, anti-trust statutes as applicable to control price of. 17- 752. Selling price fixed by combination or monopoly as "market price." 1918A- 575. Test of legality of combinations in re- straint of trade. 2-339; 9-906; 1916D-649. 2. Unlawful Combinations. Collateral contract entered into by mo- nopoly or corporate trust, validity and enforceability. I8-.892; 1912 A- 1027; 1916A-122. right of defendant in action on con- tract to set off damages sustained by him on account of monopoly. 1916D-946. Common law, unlawful combinations in restraint of trade. 1914A-430. Constitutionality of statutes designed to prevent monopolies and trusts. 6- 846; 8-721; 18-1154. Copyright, agreement regarding sale of copyrighted books, application of Sherman Anti-trust Act. 1915A-372. 3. Contracts in Restraint of Trade. Assignability of contract not to engage in similar business. 16-261. Board of trade, rule regulating grain prices after close of board as viola- tion of Sherman Anti-trust law. 1918D-1210. Conspiracy to restrain trade, survival of right of action for. 1916C-726. Contract not to sell goods to third per- son during specified terms, validity. 7-55. Covenant not to engage in same or_ similar business, injunction as remedy for breach. 15-692; 1916C-187. sale of business as sufficient considera- tion for covenant restraining future 576 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MONOPOLIES AND COMBINATIONS Continued. exercise of trade or profession. 1913A-293. what constitutes Carrying on business under covenant not to within pre- scribed limits. 1915A-381; 1916E- 384. Damages, measure for breach of agree- ment by seller of business not to enter into business in competition with buyer. 1914A-1153. Dealers' contract fixing prices to be paid by, them for specified commodities, validity. 1912D-934. Evidence, agreement of seller not to engage in same business, admissi- bility of parol evidence to show. 1913C-1379. contract in restraint of trade, admissi- bility of parol evidence to show. 16-391. Goodwill in business, effect of sale on rights of vendor. 1914B-587. Intoxicating liquors, condition in deed prohibiting sale of liquor on land granted, validity. 1917C-112. Price of commodity on resale by vendee, right of vendor to control. 1916A- 81; 1918A-958, 965; 1918C-451. copyrighted books. 1916A-84. Public service corporations, exclusive interchange of business, validity of contract for. 1914B-262. price or rate fixing or division of trade or territory, validity of contract for. 6-157. Servant's contract not to engage in similar business as master after ter- mination of employment, validity. 8-155; 1914A-500; 1916D-547. Territorial extent of contract in restraint of trade, validity of contract cover- ing whole state or country. 20-661; 1914D-631. Time unlimited under contract not to en- gage in particular business, validity of contract. 16-254. MONUMENTS. Bequest for purchase or care, validity. 15-606. Contract to make monument as within statute of frauds. 10-309. MONUMENTS Continued. Liability of decedent's estate for cost of monument. 1917B-256. Meaning of term "monument" as used in will. 19-1158. MOON. of rising and setting. Judicial notice 21-352. MOORING. Eight to moor vessel at place in harbor other than wharf. 20-813. Signal light on vessel moored in fairway or harbor, duty to display. 16-550. MOOT CASE. Appeal from order in mandamus after obedience to writ as involving moot question. 2-627. What constitutes moot case. 1918B-558. MORE OR LESS. Deeds, "more or less" as phrase occurring therein. 12-297; 1917D-155. Personal property contracts, construction of term "more or less." 12-2-94. MORTALITY TABLES. Admissibility in action for death by wrongful act to show probable dura- tion of life. 12-425; 1918A-1021. Judicial notice of mortality tables. 1918B-415. Prerequisite to recovery of damages for death by wrongful act, necessity of introduction of tables. 1914C-685. MORTGAGES. 1. In General. 2. Nature of Instrument. 3. Execution and Validity. 4. Who may Question Validity. 5. Title and Interest Conveyed. 6. Lien. 7. Eights of Parties. 8. Conveyance of Premises. 9. Foreclosure and Sale. 10. Eedemption. MORTGAGES. 577 MORTGAGES Continued. 1. In General. Assignments of mortgages, application of recording acts. 5-339; 1914C-753. Bank property, power of cashier to mort- gage. 1912A-95. Building and loan mortgages, payment by borrowing members on dissolution, of association. 4-1080. Corporations, consolidated corporation, power to issue mortgage bonds. 20- 1282. power of president of corporation to mortgage. 19-623. False pretense, giving mortgage on prop- erty not owned by mortgagor, as con- stituting. 14-287. Fire insurance, change in interest within insurance policy, mortgage of prop- erty as. 1912B-525. effect of mortgage clause making loss payable to mortgagee as against policy condition for avoidance in ease of mortgage foreclosure. 16-668. foreclosure sale of insured property, ef- fect as breach of condition in policy against sale. 2-358. liability of mortgagor to mortgagee for failure to properly insure premises under his agreement therefor. 11936. mortgage clause in standard policy, ef- fect upon application X)f conditions in policy to interest of mortgagee. 7-399. policy for benefit of mortgagee, loss as recoverable by mortgagee when mort- gagor fails to furnish notice and proof. 13-436. Gift of mortgage inter vivos without writing, validity. 1916C-814. Inheritance taxes, mortgage debts as de- ductible from realty or personalty in assessing succession tax. 14-860. Mechanic's lien, loss of lien by taking mortgage security. 1916D-179. mortgagee as necessary or proper party to foreclosure action. 1918B-19. Merger of estates as applied to mortgages. 7-702. Notes secured by mortgage, interest and date of maturity as controlled by. 5-151. Partnership assets, power of surviving partner to mortgage. 4-472. Index to Notes 37 MORTGAGES Continued. Taxation, deduction of mortgage debt against full value of land for tax pur- poses. 15-188. Trust property, power of trustee to mort- gage. 1-942; 9-643; 10-255; 1916C- 606. 2. Nature of Instrument. Absolute deed as equitable mortgage, con- struction in favor of third person. 1917C-970, 979, 981, 985. defeasance instrument accompanying ab- solute conveyance of land, effect of. 1914C-1079. effect of lapse of time on right to have declared. 1914B-354; 1918C-755. price as consideration in determining whether deed was intended as mort- gage. 20-1199. Instrument in form of chattel mortgage as mortgage on realty. 14-1101. Mortgage as security. 1914D-625. Movable or immovable property, mort- gage on land as. 20-715. Eecordation as deed of instrument in- tended as mortgage, effect. 8-104. Trust deed and power of sale mortgage of realty, distinction between. 191 3A- 1045. 3. Execution and Validity. Attesting witness, competency. 15-591; 1917A-235. Attorney's fees on foreclosure, validity and enforceability of provision fixing. 19-1068. Conflict of laws as to validity and effect. 1913C-230. Crops to be planted, validity of mortgage on or agreement to mortgage. 5- 400. Deed operating as mortgage under parol agreement, effect of statute of frauds. 11-313. "Etc.," legal meaning as used in mortgage. 1912C-174. Future advances, validity and construc- tion of mortgage on realty to secure. 1913C-552. Government land, mortgage made by homestead claimant prior to final proof, validity. 9-934. 578 INDEX TO THE NOTES, I.ANN. CAS. TO ANN. CAS. 1918E. MORTGAGES Continued. Homestead, validity of mortgage by hus- band without joinder or consent of wife. 9-9; 15-1120; 1917A-75. Name of mortgagor, omission from cer- tificate of acknowledgment, effect. 2-990. Oral agreement to mortgage, applicability of statute of frauds. 6-46. to deliver possession of mortgaged realty to mortgagee, validity. 19140-926. Usury law governing validity of mortgage on lands in one jurisdiction given to secure debt contracted or obliga- tion executed in another jurisdiction. 11-225. Void mortgage, instrument void on face as entitled to record. 1912C-675. 4. Who may Question Validity. Assumption by purchaser of property, es- toppel to deny validity. 1914A-185. Corporation making without required con- sent of stockholders, right of creditor to object to mortgage. 1916C-1039. Defense of usury as available to pur- chaser assuming mortgage. 1914A- 188. / Invalidity of previous mortgage, right of mortgagee to assert. 21-1165; 1913B- 689. Usurious interest, defense as available to purchaser of property. 2-46. 5. Title and Interest Conveyed. Annexation of articles to land, effect of agreement as to character on rights of mortgagee. 4-1073. Condemnation proceedings, right of mort- gagee to award. 4944. Creditor's bill to reach interest under mortgage. 1914B-953. Fixtures, gas or electric light plant or ac- cessories as fixtures as between mort- gagor and mortgagee. 1917B-185. Freeholder, mortgagor or grantor in deed of trust as. 1913D-328. "Interest," meaning of term as used in mortgage. 1912B-525. Stoves and heating apparatus as realty passing under mortgage. 2-375. MORTGAGES Continued. Trade fixtures placed on premises after giving mortgage, right of mortgagee to. 13-671; 18-939. 6. Lien. Alteration of note as affecting mortgage security. 1913E-317. Assignee's rights as against prior equities. 1918C-479. Attorney's lien on mortgage in hrs pos- session in connection with litigation. 1917D-149. Bankruptcy proceedings under federal act as affecting lien. 1913E-850. Continuance of lien after payment to secure another debt. 4-316. Extinguishment by tender of mortgage debt, by whom tender must be made. 7-1065; 1914B-721. Future advances, priority of mortgage to secure over subsequent incum- brance. 1913C-555. Mechanic's lien for improvements by mortgagor. 2-689; 1916C-1135. Priority as between purchase-money mort- gage and other lien or claim. 1916C- 945, 958. mechanic's lien and mortgage. 1916B- 634, 667, 669, 672, 674. Eevival of lien as effected by payment on barred debt secured by mortgage. 1912B-508. Tender of mortgage debt after maturity and before foreclosure, effect on mort- gage. 8-363. Wages, priority of employee's statutory lien for wages. 10-344. validity of statute giving employee lien for wages superior to lien of mort- gage. 4-1027. 7. Rights of Parties. Acceleration clause, accrual of action for mortgage debt as affected by. 2-854. Assignment, right of one paying debt to have. 1914B-562. "Assigns," mortgagee and mortgagor as included within term. 1913B-738. Bond or coupon secured by corporate mortgage, individual holder's right of action. 1915D-981. MORTGAGES. 579 MORTGAGES Continued. liability as for negligence of trustee in corporate mortgage to bondholder. 1915A-239. Collateral agreement made as condition of mortgage loan, enforceability after payment of mortgage. 1914B-442. Conveyance conditioned for grantor's sup- port by grantee, as mortgage enforce- able by foreclosure. 12-900. validity of agreements for conveyance of premises by mortgagor to mortgagee in consideration of release from lia- bility under mortgage. 1913C-1243. Execution sale, right of mortgagor or mort- gagee to enjoin. 1918C-271. Extension of time to grantee who has assumed mortgage debt as releasing personal liability of mortgagor. 9- 259. Fire insurance, effect of award of ap- praisers on rights of mortgagee to whom loss is payable under policy. 18-271. interest of mortgagee in insured prop- erty as affected by mortgage clause in, standard fire insurance policy. 7-399. policy procured by mortgagor for benefit of mortgagee, application on mortgage debt of money received for loss. 9-66. subrogation of insurer to rights of mort- gagee. 1917B-1135. who may sue on policy covering mort- gaged property with loss payable to mortgagee. 4-543. Fraudulent conveyance, mortgagee as cred- itor entitled to attack. 1917C-953. Injuries to premises by third person, mortgagor's right to sue. 1913A-652. Leasehold estates, renewal by mortgagor or mortgagee as raising implied trust. 7-298. Married woman, right to mortgage her property to secure husband's debts. 1917B-604, 618, 623. Marshaling assets, inverse order of alien- ation within doctrine of marshaling assets. 1916D-1119. Mortgagor appointed administrator or ex- ecutor, effect on mortgage or debt secured. 1912D-667. Nuisance injurious to premises, action for damages by mortgagee. 1-272. MORTGAGES Continued. Parol agreement to discharge mortgagor from personal liability as within stat- ute of frauds. 1914B-122. Purchaser pendente lite, mortgagee as. 1918C-61, 86. Eeceiver for mortgaged realty, power of court to appoint. 1915D-1035. Eeformation of description in mortgage, right as against purchaser without notice. 1918D-149. Eelease by mortgagee to grantee of mort- gagor, effect on liability of mort- gagor for mortgage debt. 6-550. Eents and profits in hands of mortgagee in possession, application of. 3-1132. mortgagee's liability for rent as con- structive assignee of lease. 1916E 813, 837. power of trustee of corporate mortgage to release of mortgaged property. 1916D-1182. -Bright to rent as between mortgagor and mortgagee. 1916D-196, 201. Eesulting trust in favor of wife as affect- ing rights of mortgagee in land pur- chased by husband in own name with wife's money. 1915D-634. Satisfaction of mortgage or deed of trust out of nonexempt property, right of debtor to require creditor. 1913B- 394. Special assessment, right of mortgagee of property to notice of proceeding to levy. 1912D-536. Subrogation of junior mortgagee upon payment of senior mortgage as af- fected by discharge of same from record. 5-902. Taxation, exemption of money loaned on mortgage security, validity of statute. 1916E-757. payment of tax on mortgaged property by mortgagee, right to recover in di- rect suit against mortgagor. 15-525. subrogation to tax lien, right of mort- gagee paying tax. 17-1135; 1912B- 751. tax title on mortgaged premises right of mortgagee to acquire. 11-759. Trees or timber, right of mortgagee to injunction to prevent injury. 11-460. Wife's separate property for husband's debt as constituting suretyship. 5- 643; 1912D-108. 580 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MORTGAGES Continued. extension of time to husband as dis- charging wife. 12-548. Written matter as controlling printed. 1913E-962. 8. Conveyance of Premises. Antecedent debt as consideration constitu- ting mortgagee purchaser for value. 3-395. Assumption of mortgage debt by grantee in deed, when action on agreement is barred. 21-679. deficiency judgment, liability of grantee assuming mortgage on which grantor is not liable. 1914C-846. provision in deed whereby grantee as- su.mes as covenant running with land. 15-1055. Bona fide purchaser doctrine as applicable to purchase of equitable interest. 1918C-461. Equity of redemption as passing by quit- claim deed. 1913C-366. Limitation of action, right of assignee or grantee of mortgagor to plead. 1- 1003. Quitclaim deed as passing either equity of redemption or rights of mortgagee. 1913C-366. Bevival of debt by subsequent purchaser, act of grantee who takes subject to mortgage as reviving or keeping alive debt secured thereby. 1914C-1111. Tax title, right of purchaser of land sub- ject to mortgage to acquire tax title thereto. 1916B-866. Vendor's lien, right of mortgagee to en- force against vendee of property. 1914C-502 1 . 9. Foreclosure and Sale. Appraisal in foreclosure proceedings, substi- tution of phrase "et al." in. place of names. 13-572. Corporate mortgage, trustee's power to bid in property for benefit of bondholders. 1915A-237. trustee's liability as for negligence to bondholders. 1915A-239. Creditor of vendor, right to enforce mort- gage assumed by vendee. 1914C-499. MORTGAGES Continued. Decedent's estate, presentation of claim as condition precedent to enforcement of mortgage against. 1917B-156, 164. Deficiency, personal liability of person procuring mortgage to be given or as- sumed in name of another. 1917A- 687. Distribution of proceeds of mortgaged property, right to priority between sev- eral notes secured by the mortgage. 1914C-143. Inadequacy of price as ground for vacat- ing or setting aside foreclosure sale. 1915C-749. Indemnity mortgage, right to foreclose prior to suffering damage by reason of indemnity. 3-482; 1913D-1152. Injunction against sale under mortgage or trust deed, conflicting liens or rights or because of disputed title as ground. 1917D-125. debt secured barred by statute of limita- tions as ground for restraining fore- closure sale. 7-189. error in amount of mortgage indebted- ness as ground for enjoining foreclos- ure sale. 1912C-572. Intervention, contract creditors, right to intervene in foreclosure suit. 3-109.1. federal courts, intervention of inter- ested parties. 1913D-1040. Leasehold rights, effect of foreclosure. 1915A-397. Limitation of action to foreclose as sus- pended by absence of mortgagor from state. 8-1173. Notice of foreclosure sale, Sunday ap- pointed as day of sale, validity of no- tice. 1916B-16. Order of sale of parcels of land conveyed successively by mortgagor as affected by assumption of mortgage debt. 1914A-715. Partial invalidity of statute relating to foreclosure sale, effect. 1916D-47. Parties, mortgagor who has conveyed in- terest in premises as necessary or proper party. 1913A-83. remedy of one improperly omitted as party to proceedings. 4-848. Place of sale under power of sale "at courthouse," where courthouse is re- moved or destroyed or there is more than one. 11-1GG. MORTIFICATION MOTIVE. 581 MORTGAGES Continued. Pledge of mortgage as collateral security, right of pledgee to foreclose. 16-125. Power of sale in mortgage as power coupled with interest. 4-58; 1918E- 1021. necessity of notice by mortgagee to mortgagor of intention to exercise. 11-170. Proceeds of foreclosure applied on barred note as part payment sufficient to re- vive. 14-980. Property of quasi-public corporation, fore- closure, necessity that sale be as en- tirety and without right of redemp- tion. 1913A-624. Kailroad property, foreclosure and sale, liability of purchaser for prior debts and personal contracts. 6-86. Reformation of mortgage, right of pur- chaser to maintain bill in equity to correct description of land contained in mortgage. 1913D-1006. Sale as passing title of all parties. 1914D- 283. Subrogation of purchaser to rights of mort- gagee or other claimant in case of invalid sale. 1917D-576. Successive foreclosures of mortgage payable in installments, right to. 1912C-846. Tenants in common, right of one who pays mortgage debt to enforce mortgage against cotenant. 10-282; 1912C-1264. sale of common property under power in trust deed, right of tenant in com- mon to buy. 17-1169; 1914A-1031. Trust deeds, power of trustee to resell property after invalid first sale. 17- 755. Waiver by mortgagee of rights acquired. 1913A-858. MOETGAGES Continued. Married woman's right to redeem dur- ing life of husband. 6-475; 15-315. Redemption right as incident of mortgage. 1912D-959. Tenant for years, right to redeem premises. 4-807. Tender of mortgage debt after foreclosure, effect. 1914C-677. Value of mortgagor's interest as affecting insolvency within bankruptcy law. 11-451. MORTIFICATION. Damages, mortification on acount of dis- figurement as element of damages re- coverable for personal injuries. 1918D- 65. MORTMAIN. Gift in violation of statute as void or void- able. 10-1030. MORTUARY TABLES. See Mortality Tables. MOTHER. Stepmother as included under term "mother." 1914B-62. MOTIONS. See Judgments; New Trial; Verdict. Amicus curiae, power to make motion. 1915A-197. Res judicata rule as applicable to motions in pending action. 1914D-974. 10. Redemption. Debts subsequently contracted between parties, necessity that person filing bill to redeem pay all such debts. 1914A- 730. Dower right in equity of redemption. 12-481; 1913B-1310. Extension of time for redemption, con- stitutionality of act. 2-801. Lessee's right to redeem from foreclosure of mortgage. 1915A-400. MOTIVE. Act lawful in itself not rendered unlawful by malice. 1-250; 16-810; 1912D-798; 1916C-438. Criminal law, motive as provable by evi- dence of extraneous crimes. 7-66. Inspection of corporate books, motive of stockholder for demand as affecting statutory right. 10-991. Murder, necessity of proving motive. 1912C-236. 582 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MOTIVE Continued. Ordinances, judicial inquiry into motive for enactment. 1912A-716; 1917B- 834. Statute, judicial inquiry into motive for enactment. 1-570. Suicide, existence or lack of motive, weight as evidence of fact. 17-38. MOTOR BOATS. Statutory or municipal regulation. 1915C- 1139. MOTORCYCLES. Automobiles, rights and duties of drivers with respect to motorcycles. 1916E- 676. Law of motorcycles. 1917A-218, 228, 232. MOVING PICTURES Continued. Portrait or name, unlawful use in moving picture. 1916C-308. Statutory regulation. 1913E-1306; 1916C- 301. liberty of speech and press as violated by statutory regulation. 1915B-1186. Sunday laws as prohibiting exhibitions. 16-408; 21-682; 1914C-782; 1916C-304. Theater leases, construction. 1916C-307. MOVING TRAIN. Liability of carrier to passenger for in- juries received in going from one car to another of moving train. 16-446; 1916A-144. MULATTO. See Negroes. MOfORMAN. Care required of motorman on approaching car discharging passengers. 1912B- 863. seat, vestibule or other convenience or protection for motorman, validity of statute or ordinance requiring street railway to provide. 1914D-616. MOTOR VEHICLES. See Automobiles; Motorcycles. Meaning of term "motor vehicles." 16- 608. "Vehicle," "carriage" or similar term as in- cluding motor vehicle. 6-922; 1913B- 755; 1916B-513. MOVING HOUSES. Use of streets for purpose. 1-114. MOVING PICTURES. Copyright of book, play or the like as in- fringed by moving picture illustra- tions. 1913A-1287; 1916C-305. English Cinematograph Act. 1916C-309. Films, importation under federal regula- . tion. 1916C-318. lease or sale of film. 1916C-307. Fire inspection regulation. 1915C-1214. MULES. Larceny, sufficiency of proof with respect to description in indictment. 17-739. MUNICIPAL CORPORA- TIONS. 1. In General 2. Charter, Incorporation and Limits. 3. Legislative Control. 4. Powers of Municipality. 5. Ordinances. A. ADOPTION AND FORMAL EEQUISITES. B. VALIDITY GENERALLY. C. CONSTRUCTION GENERALLY. D. TERRITORIAL EFFECT. E. OBLIGATION or CONTRACTS. F. PARTICULAR SUBJECTS. G. VIOLATION or ORDINANCI. H. REPEAL. I. EVIDENCE. 6. Fiscal Management. A. GENERALLY. B. BONDS. C. DEBT LIMIT. 7. Contracts. A. GENERALLY. B. LETTING CONTRACT. C. EIGHT or ACTION. MUNICIPAL CORPORATIONS. 583 MUNICIPAL CORPORATIONS Con- tinued. 8. Officers and Agents. 9. Council. 10. Fire and Police Departments. 11. Property, Improvements and Public Works. 12. Franchises. 13. Torts. 14. Claims Against Municipality. 15. Actions. 16. Criminal Liability. See Public Officers; Streets and Highways. 1. In General. Building restriction or restrictive agree- ment as binding public corporation. 1918B-591. "City" as including town or village. 1914B 215. Classification, constitutional provision for transition from one class to another as self-executing. 1916D-868. Constitutional provisions self-executing as to municipalities. 7-629; 18-201; 1914C-1117. "Corporation" as including municipal cor- poration. 1913B-745. County as municipal corporation. 1914C 968. Dedication of land for public use by muni- cipality, necessity for acceptance. 1917D-452. Election held in one voting place for whole municipality instead of by wards and precincts, validity. 1915C-648. propositions submitted to voters, neces- sity of stating singly. 2-369; 12-851; 1912D-319. Estoppel of municipality to deny validity of acts. 1-326. Eviction of tenant by act of municipal authorities. 1915C-402. False pretenses, fraud on municipality as constituting attempt to obtain money by false pretenses. 1917B-1232. Fire, loss sustained through failure of ade- quate water supply, liability of water company under contract with munici- pality to furnish water for fire protec- tion. 20-625. MUNICIPAL CORPORATIONS Con- tinued. right of action by private citizen. 2- 480; 9-1070; 1913D-461. Freeholders competent to petition for or against municipal action, who are. 1913D-333. Gift for municipal purposes as valid chari- table gift. 1914A-1217. Inspection of books or papers of munici- pality, power of citizen or taxpayer. 1913E-60. Investigation of city government by legis- lative committee. 1916B-1060. Judicial notice of location. 12-934. Municipal court, jurisdiction to try of- fenses against state laws. 18-53. partial invalidity of statute relating to municipal courts, effect. 1916D-43. Paupers, liability of municipality for fail- ure to furnish relief. 1913D-1074. medical attendance furnished pauper by individual, liability of municipality. 1916D-183. Quarantine regulations, liability for en- forcement. 9-814; 16-737. Eecords, parol evidence to aid, vary or contradict, admissibility. 7-1045. Statutes relating to municipal corpora- tions, effect of partial invalidity. 1916D-71. "Town" as limited to incorporated town. 1914D-230. Trustee, capacity of municipality to act in case of bequests for support of schools. 8-927. "Village," meaning of term. 1918D-258. Woman suffrage, validity of municipal authorization. 1918C-906. Workmen's Compensation Act as applicable to municipal employees. - 1917D-26, 33. 2. Charter, Incorporation and Limits. "Adjacent," meaning of term in statute re- lating to incorporation of village. 1913B-171. Annexation of territory, collateral attack upon proceedings. 3-243. liability of municipality for defects in highways 'in annexed or newly ac- quired territory. 17-197. 584 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUNICIPAL CORPORATIONS Con- tinued. necessity that property annexed be ad- jacent or contiguous. 1913D-401. special or local laws annexing and con- solidating corporations, constitution- ality. 3-499. Charter, amendment or adoption of new, validity of statute conferring power. 1913C-788; 1918E-580. change, when to be regarded as creating new charter instead of mere amend- ment thereof. 1914D-1171. grant of power to amend charter as con- stituting invalid delegation of legis- lative powers. 1915D-105. Collateral attack on legality of municipal organization. 3-242; 11-1060; 1913A- 592. Commission form of government. 1917C- 1103, 1125, 1132; 1918D-878. right to adopt commission form. 1912C- 999; 1915A-1217; 1917C-1104, 1125. Consolidation of corporations, constitu- tionality of special or local laws. 3- 499. De facto organization, estoppel of state to question validity. 21-261. Dissolution by nonuser or misuser of fran- chise. 12-1137. Initiative and referendum provision in charter, constitutionality. 11-920; 1918D-604. construction of provision. 1916B-819. New municipality, creation only on ratifi- cation by voters within territory af- fected, validity of statute authorizing. 1914C-626. Territorial limits, extension including state property, validity. 1915A-1014. jurisdiction over locality acquired for taxing purpose by lapse of time. 1913A-1342. 3. Legislative Control. Classification according to differences in population, validity of statute. 15- 856. Elections, power of legislature to define qualifications of voters at municipal elections. 7-667. Local statutes as relating to cities. 4-660. MUNICIPAL CORPORATIONS Con- tinued. Mobs, liability for injuries caused, consti- tutionality of statute making munici- pality liable. 6-268; 14-1133; 1913B- 1351. 4. Powers of Municipality. Bridge within municipal limits, power of municipality to compel railroad or street railway to repair. 1916C-1171. Business competition with citizen, right of municipality to er.ter into. 1918B- 104. Draining surface water from highways upon adjacent land, right of munic-i- pality. 6-990; 7-687; 8-1024; 1912B- 915. Earth and gravel in streets, power of city to dispose of surplus. 2-596. Electric poles and wires in street, power to compel removal. 1917E-525, 539, 557. Eminent domain, condemnation of land to construct spur-track connecting muni- cipal works with railroad, right of municipality. 1912B-382. exercise of power without legislative au- thority, right of municipality. 1912C- 199. - quantity and location of property taken as matter of discretion. 2-947. state or public lands as subject to con- demnation by municipal corporation. 15-488. Extraterritorial exercise of corporate powers, right of. 7-521; 10-132; 1912C-938. Flagmen at railroad crossings, power to re- quire railroad to maintain. 5-301; 6 , 510. Immoral show or exhibition, right to sup- press. 1915B-322. Income taxes, right of municipal corpora- tion to impose. 1913C-1005. Local self-government, powers conferred by constitutional grant. 1914D-969. Markets, market stalls or stands in public street; power to establish or license. 1914D-352. Mechanics' liens, right of municipal corpo- ration to. 7-430. Railroad or street railway, stopping cars at certain point, power of municipality to require. 17-552; 1914D-1092. MUNICIPAL CORPORATIONS. 585 MUNICIPAL CORPORATIONS Con- tinued. Rewards, power to offer. 3-157; 21-62. Sewers, extraterritorial exercise of corpo- rate powers. 7-522. Shade trees, power to remove from streets. 1-785; 16-642; 1913C-1013. Sprinkling streets, power in respect to. 6- 982; 12-611. Street railway, right to compel company to construct new line. 1913D-142. Streets in city, jurisdiction as between city and county including city. 1914A- 1051. Tolls on bridge under its control, right to collect. 1914D-515. Trust, charitable trust, power of munici- pality to act as trustee. 8-1182. power of municipality to take property as trustee. 17-746. Tunnel under street, power to permit private citizen to construct. 1916B- 750. Waterworks, power of municipality to) compel extension of system. 1916D 285. 5. Ordinances. A. ADOPTION AND FORMAL REQUISITES. Holiday, validity of adoption or publi- cation of ordinance on holiday. 1916E-849. Incorporation of matter into ordinance by reference. 1914D-723. Injunction against passage of ordinance or resolution. 19-208; 1913E-96. Passage in violation of rule of municipal council, validity. 1914D-1199. Penal ordinance, necessity that penalty be certain. 21-349. Reconsideration and adoption of defeated ordinance, right of municipal coun- cil. 1913B-804. "Require," legal meaning in statute relat- ing to adoption of ordinances. 1912 A- 1236. Resolutions, propriety of exercise of power by municipality. 3-654; 6-471; 1913C-1321. Title of ordinance, necessity that it fully express subject matter. 1912C-192. MUNICIPAL tinued. CORPORATIONS Con- B. VALIDITY GENERALLY. Discretion as to enforcement of ordinance vested in municipal officials as affect- ing its validity. 6-749, 1015; 13-652. Motives prompting enactment, judicial inquiry into. 1912A-716; 1917B-834. Objection to constitutionality of ordi- nance, who may raise. 19-175; 1915C-57. Ordinance covering same ground as stat- ute, validity and effect. 4-2; 13- 799; 1912D-677. Partial invalidity of ordinance, effect. 1916D-14. Presumption and burden of proof as to validity of ordinance. 1916B-502. Prohibition as remedy to review deter- mination of validity of ordinance. 1913D-596. Reasonableness of ordinance as question of law or fact. 1914B-204. Special laws, applicability of constitu- tional prohibition against special laws conferring corporate privileges or powers. 9-1172. C. CONSTRUCTION GENERALLY. "And" and "or," construction of one term as other in ordinance. 1913A-1058. "Contiguous," meaning as used in ordi- nance. 1918E-800. Opinions, acts, etc., of members of coun- cil as aid to interpretation of ordi- nance. 1917B-829. Ordinance as law. 1917C-687. Webb-Kenyon Act, ordinance as law within purview of act. 1918B-278. Penal ordinance as subject to strict or liberal construction. 17-212. "Similar," meaning of word in ordinance. 18-792. D. TERRITORIAL EFFECT. Applicability of municipal ordinance to state. 17-1003. Territorial effect of ordinance. 13-136. E. OBLIGATION OF CONTRACTS. . Impairment of ordinance granting privi- lege as impairment of contract obli- 586 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUNICIPAL CORPORATIONS Con- tinued. gation. 3-88, 986; 6-259, 601; 8- 622; 1915A-899. Ordinance as within purview of clause in federal constitution against impair- ment of obligation of contracts. 12- 503. Public service corporation, ordinance re- lieving public service corporation from charter obligations, power of municipality to enact. 1914D-1071. F. PARTICULAR SUBJECTS. Advertising, municipal control. 16-699. Automobiles, equipment, use of streets, or the like, regulation with respect to. 1916E-1047. regulation in matters other than speed. 5-793. Billboards and signs, municipal regulation. 2-897; 16-766; 1913D-958; 1916C-491; 1917C-596. Billiard and pool tables as subject of ex- ercise of police power. 11-66; 1913D- 1052. Bread, validity of ordinance regulating manufacture or sale. 17-617. Brick, validity of ordinance regulating manufacture. 1917B-931. Building line, validity of legislation es- tablishing. 19-188; 1914B-194. permits, validity of ordinance requiring permit to erect or repair building within city. 13-1187. Cattle within municipal limits, validity of ordinance regulating keeping. 1917E-929. Closing hours of business places (other than liquor saloon) validity of ordi- nance fixing. 1918D-200. Commission merchants, validity of mu- nicipal regulation. 1917B-631. Crematories, municipal regulation. 1915C- 807. Dance-hall regulation. 1915C-1110. Dead animals, constitutionality of ordi- nance regulating removal. 2-496. Demurrage, validity of ordinance provid- ing for reciprocal demurrage. 13- 964; 19-1092; 1916E-701. Detectives, municipal regulation of private detectives. 1917A-584. MUNICIPAL CORPORATIONS Con- tinued. Eggs, validity and construction of ordi- nance regulating sale. 1918A-184. Electricians, validity of regulation. 1916E-694. Firearms, discharge in public places, va- lidity of ordinance prohibiting. 11- 723. Fire insurance, local ordinance or regu- lation as affecting liability under policy. 1917B-1250. Fire limits, erection of certain buildings within limits, construction of ordi- nance forbidding. 18-183. inflammable material within limits, right to prohibit accumulation. 1913E-435. removal of building erected within fire limits, right of municipality. 9-292. Food exposed for sale, validity of ordi- nance requiring it to be protected from flies, dust, etc. 1912D-957; 1915D-1085. Gaming licensed by municipality as sub- ject to prosecution under state law. 4-577. Garages, municipal regulation. 1915C- 186. Garbage, validity of ordinances regulat- ing removal. 4-281; 8-818; 19-1221. Gasoline or other explosive, validity of ordinance regulating keeping within municipal limits. 1918E-145. Hack, taxicabs, or the like, regulation, other than taxation. 1914D-735. Handbills, etc., right to prohibit distribu- tion. 5-423. Hawkers and peddlers, outcry and noisy advertising in city streets, validity of ordinance regulating. 20-591. restrictions on hawking and peddling within municipality, validity of ordi- nance imposing. 1916A-1238. Height of buildings, validity of ordinance limiting. 15-1051. Hogs, power to prohibit keeping within corporate limits. 9-179. Hotels, validity of ordinance licensing or regulating hotels, lodging or rooming houses or the like. 1916C 290. Ice-cream, municipal regulation. 1917B- 647. MUNICIPAL CORPORATIONS. 587 MUNICIPAL CORPORATIONS Con- tinued. Intoxicating liquors, ordinance regulating entrances to place of sale, validity and construction. 1916B-1021. Jitney buses, regulation. 1916A-1233; 19170-1051. Junk dealers and junk-shops, statutory regulation. 16-722. Laundries, municipal regulation. 21-975. Licenses, automobiles, state statute licens- ing as precluding imposition of mu- nicipal tax or license fee. 1914D- 4S3. fees for licenses, power of f municipality to impose. 2-313. vehicles, using streets for carrying persons or property for hire, power to tax. 5-908; 14-545. Lights at street crossings, power of mu- nic-ipality to require railroad to main- tain. 1912D-403. Loan brokers, power to regulate. 1916E 625. Loitering, validity and construction for- bidding assemblage of persons idling on streets. 1912B-1185. Lumber piling within municipal limits, power to regulate. 1912A-162. Meat dealers, municipal regulation. 1917A-198. Milk, constitutionality of ordinance regu- lating sale. 4-119; 5-911; 18-321. Motor boats, regulation. 1915C-1139. Parades, validity of ordinance regulating parades or processions. 1916D-847. Pawnbrokers, municipal regulation. 1913D-1281. Picketing, validity of ordinance regulat- ing. 1918E-60. Poultry in municipal limits, validity of ordinance regulating keeping. 14 1003. Privies, connection with sewer, validity of ordinance requiring. 1916B-722. validity of ordinance regulating out-of- door closets or privies. 1916D-212. Public utilities, municipal regulation as reviewable by Public Service Commis- sion. 1916E-1083. Bates, electric company, municipal regu- lation. 1915D-473. MUNICIPAL CORPORATIONS Con- tinued. gas company, municipal regulation. 11-748; 15-1042; 1917B-1026. public service corporation, right of city which has fixed rates to object to change by state or public commission 1913D-89. telephone rates, validity of ordinance regulating. 1912D-308; 1917E-1001. Eesidential districts, carrying on business therein, validity of ordinance pro- . hibiting. 1914A-132. retail stores, validity of ordinance regulating location or construction. 1915A-294. segregation of persons in different dis- tricts, validity of ordinance. 1915B- 964; 1916E-1157; 1917B-155; 1917D- 1127; 1918A-1207. School district within municipality as subject to regulation by latter, though separate corporate entities. 1915B-1042. Second-hand clothes, bedding or the like, municipal regulation of use or sale. 1917C-1068. Slaughter-house regulation. 18-470; 1915C- 245. Smoke, validity of ordinance regulating. 2-582; 13-200; 1918B-173. Snow, removal from sidewalk, validity of ordinance requiring owner or occu- pant of property to remove. 4-238; 13-705. Solicitation of funds for private charity, validity of ordinance regulating. 1917D-1133. Street railways, safety brakes, validity of ordinance requiring equipment. 1913B-660. ' vestibule, seat or other convenience for motorman, validity of ordinance re- quiring company to provide. 1914D- 616. Streets, improper use, failure to enact or enforce ordinance to prevent as creat- ing liability for injuries. 1-961. use by business vehicles, validity of ordinance preventing. 1916E-969. width of private streets, validity of or- dinance fixing. 1912A-615. Sunday laws as directed against partic- ular occupations. 1918E-1170. 588 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUNICIPAL CORPORATIONS Con- tinued. Taxation, exemption from, power of mu- nicipality to grant. 7-1013; 20-286; 1918E-1088. farming land within corporate limits. 1912A-342. income tax, validity of ordinance levy- ing. 21-199. municipal tax lien, validity of statute providing for sale. 1913C-964. partial invalidity of statute relating to municipal taxation, effect. 1916D- 93. telegraph company, tax imposed by ordinance as interference with inter- state commerce. 1914A-987. telephone or telegraph company, tax for use of streets, validity as depending on amount of tax. 16-343. vehicles using streets for carrying per- sons or property for hire, power of municipality to tax. 5-908; 14-545. Telegraph or telephone line, municipal regulation of location. 16-441. Ticket brokers, unreasonable ordinance licensing. 9-972. Transient merchants, validity of regula- tion. 1917E-505. Vehicles, speed in streets and highways, validity of ordinance regulating. 3- 495; 11-728; 1916E-1067. width of tires, validity of regulating ordinance. 21-1222. Water or light furnished to tenant or former owner, validity of ordinance making owner of premises liable. 7-1017; 11-241. Wharves, right to collect wharfage dues. 13-387. G. VIOLATION OP ORDINANCE. Act violative of both ordinance and state law as barred from prosecution in one jurisdiction by conviction in an- other. 21-67. Appeal from judgment in prosecution for violation of ordinance, right of mu- nicipality. 1917D-986. Arrest of guilty party by private person for violation of ordinance in latter's presence, right of. 1917A-599. Injunction, building regulations requiring consent of property owners, right of MUNICIPAL CORPORATIONS Con- tinued. individual owner to enjoin violation. 1914A-979. municipality's right to enjoin violation of ordinance. 1916C-963. private individual's right to enjoin vio- lation of ordinance not constituting nuisanice per se. 13-203. prosecution under invalid ordinance, in- junction against. 6-1013; 10-760. Jury trial for violation of ordinance, right "to. 4-507; 18-380. Nature of action or proceeding for viola- tion of ordinance. 5-289; 6-566; 1917A-330. Negligence, contributory negligence as arising from violation of ordinance. 4-513. street railway operation in violation of ordinance as negligence per se. 9- 840; 1913E-1100. violation of ordinance not intended for plaintiff's benefit as actionable negli- gence. 9-427; 1912D-1106; 191 6B- 301. Prohibition, issuance of writ on applica- tion of defendant in prosecution for violation of ordinance on ground of lack of jurisdiction in trial court. 18-265. Prosecution under statute as bar to prose- cution under ordinance and vice versa. 1912C-37. Witness, conviction of violation of mu- nicipal ordinance as conviction of crime disqualifying witness. 1913A- 327. crime for which witness may be im- peached, violation of municipal ordi- nance as constituting. 1916A 274. Written complaint for violation of ordi- nance, right of defendant. 13-1132. H. REPEAL. Implied power to repeal ordinance. 1913D-768. Subsequent statute on subject of regulat- ing automobiles as effecting repeal. 7-551. I. EVIDENCE. Judicial notice of municipal ordinance. 5-614; 1914C-1232. construction of statute requiring court to take judicial notice. 1914D-547. MUNICIPAL CORPORATIONS. 589 MUNICIPAL CORPORATIONS Con- tinued. Ordinance not pleaded, admissibility in order to prove negligence. 16-1064. Parol evidence to prove municipal ordi- nance, admissibility. 1915A-709. Prima facie evidence of violation of ordi- nance, validity of ordinance provid- ing that certain state of facts shall constitute. 1916C-1062. Speed of train, municipal ordinance regu- lating as admissible in evidence in action for damages resulting from fire caused by railroad. 1915A-991. 6. Fiscal Management. A. GENERALLY. Appropriations, celebrations and enter- tainments, power to appropriate money for. 11-976. defense of officers, power to appropriate money for. 3-435; 1914C-660. loaning money or credit of municipality, construction of constitutional provi- sion against. 1913C-1230. necessity of ordinance for appropriation of money. 6471. Borrowing money for public improve- ments, implied power. 6-760; 1913D- 77. Debts barred by limitation, revival by inclusion in official report or council resolution. 4-939. Division of territory by legislature, time of apportionment of assets or liabili- ties. 18-324. Expert accountant to examine public ac- counts and records, power of mu- nicipal corporation to employ. 1913B- 1087. Indebtedness for public improvements, implied power to incur. 6-761; 1913D-77. "Necessary expenses" of administration of corporate power. 1918D-925. Propositions submitted to voters, neces- sity that they be stated singly. 2- 369. Securities and obligations, necessary par- ties in action to determine validity. 5-858. Taxation of own securities in hands of holder, right of municipality. 19- 411. MUNICIPAL CORPORATIONS Con- tinued. "Warrants, city warrants, interest on. 10-209; 1916C-576. county warrants, interest on. 3-459. limitation of actions, running of statute against municipal or quasi-municipal corporations. 2-394. B. BONDS. Implied power to issue bonds. 1913E-37. Inheritance tax, transfer of municipal bonds as subject to succession taxes. 5-874. Limitation of actions, commencement of running of statute against bonded in- debtedness of municipality. 14-102. Negotiability of bonds and securities. 5-196. Notice of election to vote on issue of bonds, necessity of compliance with statutory requirements. 18-1137. Eecitals in municipal bond ^that debt limit has not been exceeded as affecting validity in hands of purchaser. 17 1245. Eepeal of statute authorizing bond issne, authority of public officer to complete issue thereafter. 1916E-406. Sale of bonds for less than par, con- struction of statutory provision against. 1913E-85. right of municipality in absence of ex- press statutory provision. 1914B- 257. Taxation of bonds, liability to state taxa- tion. 8-26; 12-350; 1914B-1163. Term of bonds longer than life of mu- nicipality, validity of issue. 19-1106. C. DEBT LIMIT. Computation of amount of debt by aggre- gation of deferred payments on ex- ecutory contract. 1918A-514. Contract for public improvements with deferred payments where debt ex- ceeds authorized debt limit, right of municipality to enter into. 17 420. Evasion of municipal debt limit by crea- tion of holding corporation or con- tract for future purchase. 2-986. Increase of indebtedness, funding exist- ing debts as. 21-1334. 590 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUNICIPAL COEPOEATIONS Con- tinued. Interest on municipal bonds as factor in determining whether municipality has exceeded constitutional limit. 17- 1243; 1918B-598. Limitation of indebtedness, interest on municipal bond as factor in determin- ing. 17-1243. Local improvement with special assess- ment against persons benefited, right of municipality to contract for where cost exceeds authorized debt limit. 1917B-192. Periodical payments through term or. years in aggregate exceeding au- thorized limit, right of municipality to contract for. 7-150; 1913B-1177. Two or more political bodies wholly or partly coincident in "territory as sepa- rate bodies for purposes of constitu- tional debt limit. 1912C-449. 7. Contracts. A. GENERALLY. Assignment of municipal contract forbid- den by provision thereof, validity and enforceability of provision. 1912A- 363. Condemnation by court of municipal con j tract otherwise valid, as unwise or disadvantageous. 1914A-1072. Contract for periodical payments through- out term of years where aggregate payments exceed authorized debt limit, right of municipality to make. 7-150; 1913B-1177. Debt limit reached at time of contract for future indebtedness, as affecting validity of contract. 7-153. Employment of union labor only, validity of municipal contract stipulating for. 5-286; 21-213. Estoppel of municipality to deny validity of contract under void statute. 2 403. Failure of contractor to comply with con- tract, right to recover from munici- pality value of public improvement. 1912D-419. Impairment of obligation of contract be- tween state and municipality, repeal or modification of statute as con- stituting. 4-794. MUNICIPAL CORPORATIONS Con- tinued. Implied contract of municipal corpora- tion, liability upon. 2-509. Interest of officer, executed contract in which municipal officer is interested, liability of municipality under con- tract. 3-672; 1912D-1132. member of council interested in con- tract, validity in absence of statute. 1912D-659. stockholder of corporation as interested party in contract between corporation and municipal council of which stock- holder is member. 21-912; 1916A-77. Partnership contract, power of munici- pality to enter into for construction of improvement. 1916C-909. Services to be rendered by corporation equal to amount of taxes, validity of contract between municipality and corporation therefor. 1914A-1263. Ultra vires contracts as creating liability by implication. 2-510. [Voluntary services rendered city as creat- ing liability by implication. 2-511. B. LETTING CONTRACT. Contract let contrary to statute requiring competitive bidding, implied liability of municipality. 1917A-1263. Court control of act of municipality in letting municipal contract. 17-650. Failure to take from contractor for public works bond for protection of laborers or materialmen, liability of munici- pality or officer. 1917B-1089. "Lowest responsible bidder," construction of phrase in statute providing for letting contracts. 1913A-500. Patented or monopolized article under contracts required by law at public bidding, right of municipality to con- tract for. 3-745; 7-107; 8-396; 10- 709; 1915B-460; 1916D-245. Eeadvertisement where bidder to whom contract is awarded fails to comply with conditions or abandons work, necessity for. 1916D-1189. C. BIGHT OF ACTION. Laborer's or materialman's right of ac- tion against city as arising under statute or ordinance requiring public MUNICIPAL CORPORATIONS. 591 MUNICIPAL CORPORATIONS Con- tinued. contractor to pay all claims before settlement. 1915B-S68. Mandamus as remedy in behalf of munici- pality to compel performance of con- tractual obligation. 1918A-915. Water company contracts, municipal cor- poration's right to enforce on behalf of private citizen. 1913C-1028. private consumer's right to enforce con- tract of municipality with water com- pany. 5-507. 8. Officers and Agents. Compensation, fact that municipality has exceeded debt limit as defense to claim by official for fees or compen- sation. 1914C-1219. interest on overdue salary, right of officer to recover. 1914D-408. Compromise of cause of action, right of attorney for municipality. 21-583. Counsel to assist its regularly retained counsel, right of municipality to em- ploy. 1913D-921. De facto officer, liability of municipality to de jure officer for salary paid de facto officer. 4-673; 10-1093; 1918B- 917. right of de jure officer to recover sal- ary from de facto officer. 12-894. Election of officers in method other than that prescribed by general laws, power of municipality. 1915B-126. Holidays, validity of act of municipal offi- cer performed on holiday. 1916E- 84S. Judicial functions, mode of procedure governing municipal board when ex- ercising. 1915B-1083. Leave of absence with pay, power of mu- nicipal authorities to grant officer or employee. 1915B-796. Mandamus against officer or municipal board as abated by termination of office. 1918A-1002. Municipal officer going on train or prem- ises in discharge of public duties, lia- bility of carrier or owner of premises. 21-499. Pensioning municipal officers, validity of ordinance providing for. 1912C-545; 1918D-454. MUNICIPAL CORPORATIONS Con- tinued. Profits made by officer on sale of land to municipality, right to recover. 1914D-808. Prohibition against counsel or executive officer, when lies. 20-962. Removal of officers, inherent power of mu- nicipal corporation. lO-SSo*. power of body having authority to re- move officer to appoint committee to conduct hearing. 1916C-1273. Title to municipal office, right of private individual to file information in nature of quo warranto to try title. 6-464. "Who is municipal officer. 1914D-1229. 9. Council. Continuity of existence of municipal coun- cil. 1912D-269. Delegation of power to committee by governing body. 15-1095. Meetings of council, exclusion of public, right of council. 13-407. holding outside municipal limits, legal- ity of meeting. 1912B-646. Personal interest of member, right of member to vote on matter involving. 1917C-518. Qualifications of members, municipal council as judge. 16-162. Quorum, legality of action by majority of quorum. 1916E-274. Veto power of mayor as extending to ap- pointments to office by municipal council. 15-1066. 10. Fixe and Police Departments. Fire Department. Collapse of a building injuring fireman, liability of owner. 1S-10. Injuries to firemen, liability of municipal- ity. 18-508. Negligence of firemen, liability for. 7- 807. Salvage for extinguishing fire on vessel, member of fire department as entitled to. 17-913. State control and regulation of fire de- partment in municipality, authority of state. 14-357. 592 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUNICIPAL CORPORATIONS Con- tinued. Police Department. Animals running at large, municipal lia- bility for wrongful act of officer im- pounding or killing animal. 21-984. Department buildings of police, liability of municipality in respect to manage- ment and maintenance. 13-763. Liability of municipality for acts of po- lice officers. 13-1017; 1913C-471. Metropolitan police, validity of statutes creating. 8-1103; 1917D-1112. Policeman as public officer. 1917B-663. Removal of police officers by state. 191SB-145. 11. Property, Improvements and Public Works. Adverse possession, right to acquire title by. 1915C-774. Bridges, liability in respect to mainte- nance or operation. 15-833. Condemnation of railroad property for municipal purposes,, right of. 1913E- 163. Deeds, acceptance as grantee, what con- stitutes. 1914D-507. Execution sale of municipal property, in- junction against. 1918C-223. Ferries owned by city, right to lease. 2-693. Hall or building for public meetings of citizens, power to erect. 12-1112. Interference with gas or water pipes in making public improvement, rights of gas or water company as against mu- nicipality. 6-390. Judgment lien against property of muni- 'cipality. 4-102. Labor laws, state regulation of labor upon material to be used in municipal im- provement, interstate commerce regu- lation. 3-309. wages, validity of ordinance fixing min- imum rate on public work. 1913E 990; 1915D-241. Lavatory, construction of public lavatory in street as constituting nuisance or entitling abutting owner to compen- sation. 1918D-906. MUNICIPAL CORPORATIONS Con- tinued. Lease of municipal property to private person, right of municipality. 16 1096. Municipal building in street, right of mu- nicipality to erect. 12-24; 21-1072. Parks and squares, buildings therein, right of municipality to erect. 11- 468. negligence in maintenance, * liability of municipality. 1915C-255; 1916E-900. state control or regulation of municipal parks. 1912A-1069. Property disconnected from public use, power of municipal corporation to- own. 18-551. Public improvements, who may petition for or remonstrate against. 191SE- 837. Public works, as including streets, sewers, waterworks, lighting, buildings and disposal of garbage. 11-594. Sewers, power of court to compel muni- cipality to remove, construct or en- large. 1917E-308. Special assessments, liability of property in absence of express statutory pro- visions. 16-888. municipal property as subject to special assessment. 1917D-849. Taxation, federal taxation of municipal property, legality. 4-748. purchase of property by municipality as affecting right to sell same for un- paid taxes. 1914A-161. Theater or opera-house, power to conduct. 1915A-75S. Wharves, right to erect free wharf in absence of statute, at point where street abuts upon waterfnnt. 14- 1135. Public Utilities of Municipality. Fuel furnishing to inhabitants, power of municipality to engage in business. 1916C-742; 1918E-663. Ice plant, power of municipality to oper- ate for purpose of furnishing ice to inhabitants. 20-204; 191 6C- 1287; 1918D-911. Lighting plant, power to construct or purchase. 1916B-523; 1918A-259. MUNICIPAL CORPORATIONS. 593 MUNICIPAL CORPORATIONS Con- tinued. Purchase of public utility by municipal- ity, compensation payable. 1915B- 1173. Taxation, public service plant operated by municipality as subject to taxa- tion. 1918E-85. Telephone system, power of municipality to construct and operate. 191SA-380. Water furnished by municipality, duty to lay service pipe without charge to consumer. 1912B-547. regulation of water supply, authority of board of health. 18-499. subterranean flow of water, right of municipality to tax for water sup- ply. 1918E-274. 12. Franchises. Alteration of ordinance granting privilege as impairment of obligation of con- tract. 3-88, 986; 6-259, 601; 8-622; 1915A-899. third person deriving benefit from franchise to public service corpora- tion as entitled to object to altera- tion of terms. 1913D-1089. Estoppel of municipality to deny validity of franchise. 1916B-1272. Exercise of franchise granted for per- formance of public service, right of municipality to compel. 18-335. Extension of franchise for use of streets to new street or subsequently an- nexed territory. 18-1118. Validity of franchise, power of court to determine in action to enjoin commis- sion of acts thereunder. 1914B-490. 13. Torts. Generally. Animal running at large in violation of ordinance, liability for injury by. 1912C-753. Attractive nuisance doctrine as applicable to municipality. 1915C-286; 1915C- 304. "Claim" or "demand" against municipal- ity, as including claim for tort under statute requiring presentation to council. 19-1113. Index to Notes 38 MUNICIPAL CORPORATIONS Con- tinued. Damages recoverable against municipal- ity, amount as affected by statement in claim previously filed. 4-826; 1912B-869. Death by wrongful act, when municipal corporation liable. 1-490. Fireworks, liability for injuries resulting from discharge. 5-541. Independent contractor's acts or negli- gence in repairing or improving street or highway, liability of municipality. 16-433; 1914A-71. Ministerial duties, liability of municipal- ity for failure to perform. 1-958. Mob causing damage, liability of muni- cipality as dependent on notice to au- thorities. S-465; 1916A-326. prisoners in jail forming mob, liability of municipality for acts. 1916D-190. what constitutes mob or riot for which municipality is liable. 11-185; 18- 151. Nuisances, abatement by destruction of private property. 1-345. hospital for contagious diseases as nui- sance. 6-823. liability for failure to abate nuisance. 1-964. pollution of stream by municipality with sewage, right of riparian owner to enjoin as public nuisance. 1915A- 983. Parks and squares, liability for negligence in maintenance. 1915C-255; 1916E- 900. Pole or wire of public service corporation, liability of municipality for fall. 1913E-379. Public administrator, liability of munici- pality for acts. 1918B-1074. Repairing public highway, wrongful act of officer or employee causing injury to adjoining property, liability of mu- nicipality. 21-1346. Sidewalks, banana peel or the like on sidewalk, liability of municipality for injuries caused. 1918E-178. coal-hole in sidewalk, legal liability of municipality for injuries sustained by pedestrian. 19-466; 1917D-494. 594 INDEX TO THE NOTES, 1 ANN. CAS/TO ANN. CAS. 1918E. MUNICIPAL CORPORATIONS Con- tinued. , Streets, improper use, failure to enact or enforce ordinance to prevent as creating liability for injuries. 1-961. Tree growing on highway, liability for in- juries caused by fall. 16-835; 1913 A- 787. Wrongful injunction, liability for. 1912A- 212. Condition of Municipal Buildings. Hospitals, pesthouses and almshouses, lia- bility for negligence in respect to condition or performance of services incident to. 4-624; 1918D-803. Jails, unsafe or unhealthy condition, mu- nicipal liability. 4-516; 6-437; 12- 797; 1913B-12SO; 1915D-153. School premises, liability for defective condition. 3-884; 10-406; 1917D-797. Unsafe condition of building maintained for public use or amusement, liabil- ity of municipality. 1918D-115. Public WorTcs. Defective plan of public work, liability of municipality for injuries resulting. 14-752. Electric light plant, liability for negli- gence in operation. 9-S51; 1912B- 817; 1915D-753; 1916C-1257. Reservoirs, liability for injuries to tres- passing children on account of un- guarded reservoir. 7-201. Waterworks, negligence in construction or operation, liability of municipality. 14-1010; 1912A-220. Sewage and Garbage. Cleaning streets or removal of garbage, ashes or other refuse, liability of municipality for tort committed. 1916C-242; 1918D-834. Dumping-ground, liability for injuries re- sulting from maintenance. 11-189. Garbage, deposit by municipality as nui- sance. 1915A-139. removal, municipal liability for tort committed in removing. 1916C-242; 191SD-834. Sewers, defective sewers or sewerage sys- tem, liability of municipality. 4- 1089; 14-174. MUNICIPAL CORPORATIONS Con- tinued. failure to clean and repair, liability of municipality. 13-470. stream used for sewerage purposes, mu- nicipal liability for damage caused. 6-177; 11-58S; 1912B-450. Watercourses, obstruction of navigable water within its boundaries by muni- cipality, liability for injury result- ing. 1915C-117. Waterworks, negligence in construction or operation by municipality, liability. 1912A-220. 14. Claims Against Municipality. Creditor's bill to reach claim against mu- nicipality. 1914B-957. Damages recoverable against municipality, amount as affected by statement in claim previously filed. 4-826; 1912B- 869. Disputed claims, right of municipality to arbitrate or compromise. 18-1030. Exoneration between city and abutting owner of damages paid on account of unsafe highway. 1-945; 14-1047; 1918C-1144. Infancy or other disability of claimant as suspending limitation of time to file claim against municipality. 13 488; 1916C-1042. Notice of defect in street or highway, name and address of claimant, suffi- ciency of statutory notice. 1916E 722. place of accident, sufficiency of notice with respect to description of place. 18-994. policeman, notice to as notice to muni- cipality. 1914B-16S. prerequisite to action for injury to wife or child of plaintiff. 1916E-560. time of accident, sufficiency of statu- tory notice with respect to descrip- tion of time. 1918E-1026. written notice, validity of statute or ordinance requiring as condition pre- cedent to municipal liability. 16- 172. Part payment as satisfaction of claim against municipality. 1914D-824. Presentation of claims against municipal- ity, to whom may be made. 1913A- 34Sj 1917D-962. MUNICIPAL COURTS MUTUAL BENEFIT SOCIETIES. 595 CORPORATIONS Con- MURDER Continued. MUNICIPAL tinued. Quarantined persons, liability of munici- pality for expenses. 5-233. 15. Actions. Action by municipality as bar to action by citizens thereof involving same matter. 8-1134. Estoppel of municipal corporation to bring action by lapse of time. 20- 429. Injunction against municipality at suit of taxpayer, illegality of acts as alone sufficient to justify proceedings. 3-1013; 1913C-885. Jurisdiction of actions against municipal corporations. 4-1170; 10-37. Jury, competency of citizen as juror in civil action by or against municipal- ity. 6-961; 1913A-120. Limitation of actions, right to plead stat- ute against municipality. 8-9S; 20- 427. Quo warranto against municipal corpora- tion. 8-322; 21-1125. Venue, right to change of venue as against municipality. 1914C-107; 1918E-565. 16. Criminal Liability. Nonfeasance, liability of municipal cor- poration to indictment. 5-413. Nuisance, criminal liability of municipal- ity for maintaining or failing to abate nuisance. 1-964; 1913D-303. Violation of statute regulating hours of labor, criminal liability of municipal- ity. 1913E-308. Succession by murderer to property of victim. 2-658; 14-9&; 1916A-280. Workmen's compensation, murder as ac- cident arising out of, and in course of, employment. 1913C-10. MUSIC. Teaching of music in public schools. 1918D-153. MUSICAL COMPOSITIONS. Infringement of copyright, what consti- tutes. 14-633; 1916A-371. MUSICAL INSTRUMENTS. Trademark or trade name as infringed by similar name. 1915B-341. MUSICIANS. Trade, musician as engaged in. 1916A- 1200. MUSTARD. Food within meaning of food and drug acts. 1913E-1293. MUTILATE. Meaning of term. 1-25. MUTILATED WRITINGS. Parol evidence of contents as admissible. 1916A-2S2. MUNICIPAL COURTS. Jurisdiction to try offenses against state laws. 18-53. Procedure governing municipal board ex- ercising judicial functions. 1915D- 1083. MURDER. Bee Homicide. Manslaughter as included under word "murder" in statute. 1913C-929. MUTILATION. Humiliation or mortification on account of disfigurement as element of damages for personal injuries. 1918D-65. MUTUAL ACCOUNTS. What are mutual accounts. 1913D-816. MUTUAL BENEFIT SOCIETIES. See Beneficial Associations. 596 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. MUTUAL INSURANCE. Cash premium, validity and construction of policy issued for. 1916B-84. Condition of sole and unconditional ownership of property as breached by vendee in possession under execu- tory contract. 7-499. Dissolution, distribution of assets and surplus. 7-412. Forfeiture or suspension of policy on fail- ure to pay dues, effect of provision in contract. 11-340. Receivership, setoff against receiver of mutual insurance company. 1916D- 600. MUTUALITY. See Specific Performance. MUTUAL TELEPHONE COMPANY. Corporation not operated for profit as public utility. 1916D-899; 1917B- 497. MUTUAL WILLS. Validity and probate. 2-26; 17-1006; 1915A-364. N NAMES. 1. In General. 2. Identity of Names. 3. Effect of Mistake. 1. In General. Abbreviations as to names of persons and places, judicial notice. 17-494. Acknowledgments, omission of name of grantor or mortgagor from certificate, effect. 2-990. Alias and real name, necessity of prov- ing both where both are pleaded. 19-894. Alteration of instruments, change in name of payee of negotiable instrument as material. 1913C-183. correcting name of party to instrument as material. 1912A-1045. witness, insertion of name of attesting witness as material alteration of in- strument. 17-757. Associations, liability of unincorporated association to suit in name of associa- tion in absence of permissive statute. 6-833. protection in use of its name, right of unincorporated benevolent, fraternal or social organization. 1918A-245. right of unincorporated association to sue in name of association in absence of permissive statute. 3-699. NAMES Continued. Automobiles, registration -under fictitious name as aifecting right of owner or driver to recover for negligence of another. 191SD-852. validity of statute requiring name and address of operator to be given to person injured. 1913C-925. Bonds, bail bond, necessity for appear- ance of name of surety therein. 1912A-695. cost bond, necessity of naming parties to action therein. 1913D-576. omission of obligee's name, right to fill blanks. 1915A-409. reformation of bond by changing name of obligee, right of. 1916C-184. Change of name, right of individual to make. 18-704; 1914D-427. validity and construction of statute au- thorizing individual to change name. 1917A-437. Child, privilege of naming as valid con- sideration. 11-482. Copyrighted name, right to use after ex- piration of copyright. 14-799. Corporations, change of name of private corporation. 19-1238. release of subscriber to stoak by change of corporate name. 1918A-92, 100. similar name to that of other corpora- tion, right of corporation organized NAMES. 597 NAMES Continued. for other than pecuniary profit to use. 1912A-825; 1913E-642. Deeds, effect of omission of grantor's name from body of deed. 12-203; 1912C-1050; 1916E-521. estoppel of grantee to deny name in deed as true name. 1912C-620. filling blank where grantee's name is omitted from deed, right of. 1915A- 409. Depositions, necessity and sufficiency of naming witnesses in notice to take depositions. 1918A-950. Discovery of names of parties against whom it is sought to institute ac- tion. 11-57S. Elections, name of candidate on official ballot, number of times it may ap- pear. 3-796; 1913B-177. Et al., substitution of phrase in place of names in process, pleadings, etc. 14- 571. Forgery by use of fictitious name. 18- 482. incorrect signature of name of another as forgery. 20-166. indictment, necessity of alleging name of person intended to be defrauded by forgery. 1912C-1143. partnership name signed by partner as forgery. 1912B-702. Frauds, statute of, names of parties to contract, necessity that memorandum show. 13-313. Intoxicating liquor, necessity of allegation of name of purchaser in prosecution for unlawful sale of liquor. 4-98; 13-128. Letter or initial, presumption as consti- tuting name. 1914A-1115; 1917B- 178. Mechanic's lien notice, stating name of owner in caption but not in body of notice, effect. 20-1162. Moving pictures, unlawful use of names of persons. 1916C-308. Municipal corporation, sufficiency of claim for personal injuries with re- spect to name and address of claim- ant. 1916E-722. Name on property as evidence of owner- ship. 1915D-353. NAMES Continued. Omission of name from instrument as cured by maker's acknowledgment of instrument. 1913A-398. Partnership, change of firm name, as no- tice of dissolution of prior partner- ship. 9-243. deed conveying realty to partnership in firm name, effect. 4-604; 19-948*. fictitious name of partnership, what is. 10-812. limited partnership, statutory require- ment as to posting names of part- ners. 1913B-917. Petitions, right of signer to withdraw name before petition is acted upon. 15-1125; 1913A-43. Railroad stations, right of public service commission to regulate naming. 1914A-831. Receiving stolen property, necessity of al- leging name of thief in indictment or information. 18-196; 1914B-174. Sr. or Jr., effect of use in connection with name. 1917A-1211-. Surnames within statute requiring action in name of real party in interest. 5- 894. Trademarks, trade names, and unfair com- petition, corruption of descriptive words as affecting validity of trade- mark. 9-763. geographical name, use as unfair com- petition. 10-71; 1915A-543. personal or corporate name, use as un- fair competition. 2-415; 16-596; 1918A-229. Warrant of arrest, legality of arrest as affected by use of right or wrong name. 8-34. Wills, manner of signing testator's name to will. 18-769. 2. Identity of Names. Idem sonans, addition or omission of final "s" as affecting application of doc- trine. 191SA-351. application of doctrine of idem sonans to letters D and T. 15-912. Identity of name, conflict between pro- sumption of identity of person from identity of name and another presump- tion. 1917E-121. 598 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NAMES Continued. ' NAMES Continued. criminal prosecution, identity of name of defendant with name of person pre- viously convicted as establishing iden- tity of person. 6-1026; 14-589. libel and slander, identity of name as giving right of action where publi- cation was not intended to refer to plaintiff. 16-168. Wills, signature of testator to will by wrong, assumed or misspelled name, sufficiency. 1917B-876. NAPHTHA. Storage as nuisance. 1916C-821. 3. Effect of Mistake. Deeds, assumed name of grantee, validity of deed. 10-97. blank grantee, validity of deed. 1912A- 538; 1914D-390. Delivering papers or documents to person of same name, as working estoppel against owner. 1917A-562. Initials, effect of mistake in middle initial of name in legal proceedings. 15-117; 1912B-601. Insurance, misstatement of name in appli- cation for insurance as avoiding policy. 1916D-1297. Judicial sales, misnomer of party in adver- tisement or notice of sale as affecting validity of sale. 1917B-1046. Libel and slander, mistake in naming or describing plaintiff as defense to ac- tion. 1914D-536. Married woman sued in maiden name, va- lidity of judgment rendered against her. 16-795. Mechanic's lien, effect of incorrect designa- tion of owner of property, in state- ment of claim of lien. 14-689. Negotiable instrument, effect of variance between name of payee and his in- dorsement. 1914D-979. Process, justice of peace, effect of error in name of party in summons issued. 1914A-1085. publication notice, misnomer of defend- ant as affecting jurisdiction of court. 1913B-1248. summons, effect of misnomer of defend- ant where he does not appear. 1912A- 549. Recording acts, effect of error in name of party to recorded instrument. 1915C- 97. Taxation, effect of misnomer of land owner. 1918D-569. NARCOTICS. Excessive use as intoxication. 1913E- 1105. Validity and construction of federal reg- ulation of manufacture, sale or pos- session. 1917D-856. NATIONAL BANKS. See Banks and Banking; Receivers. NATIONAL DEBT. Gift for reduction as valid charitable gift. 1914A-1219. NATIONAL FLAG. Use for advertising or commercial pur- poses, validity of statutes prohibiting. 4-270; 10-528. NATIONAL FOREST RE- SERVES. Validity and construction of legislation. 1917A-20; 1918E-709. NATIONAL GUARD. See Militia. NATIONAL PROPERTY. See United States. NATURAL CHILDREN. See Illegitimacy. NATURAL GAS. Mineral product. 20-937; 1913B-1214. Mining lease, covenant for diligent pros- ecution of work. 20-1165, 1168. NATURAL HEIRS NEAREST RELATIVE. 599 NATURAL GAS Continued. Waste by private owner, constitutionality of legislation to prevent. 4^213; 16- 1001; 1912C-165. right of owner of land to waste to in- jury of neighbor. 4-357. NATURAL HEIRS. Meaning of term. 1917A-1159. NATURALIZATION. Alien enemies, naturalization of. 1917C 214; 1918C-723. Cancellation of certificate, power of state court. 1914B-229. "Child" in statute relating to naturaliza- tion of Indians as including illegiti- mate child. 1918B-256. Fitness of alien as determined by moral or intellectual qualifications. 16-281. Jurisdiction of state court in proceeding. 1915C-428. Eevocation of naturalization, grounds for. 1917C-45. State legislation, validity. 1912A-81T. NATURAL LAWS. Judicial notice of those relating to human beings. 18-586. construction of statute requiring courts to take judicial notice. 1914D-548. NAVY. See Army and Navy. NAVY YARD. Workmen's Compensation Act as applicable to employment therein. 1917D-26. NEAR. Meaning of word. 1913D-117. NEAR BEER. Judicial notice as nonintoxicating. 19140- 876. Meaning of term. 1913D-124. NEAREST BLOOD KIN. Meaning as used in deed. 19151>-725. NEAREST BLOOD RELA- TION. Meaning of that or similiar phrase in will designating legatee . or devisee. 1915A-476. NEAREST FAMILY. Meaning of phrase in will designating legatee or devisee. 1915A-476. NATURAL RESOURCES. Development as constituting public use supporting eminent domain. 2-51. Waste by private owner, constitutionality of legislation to prevent. 4-213; 16-1001; 1912C-165. NATURAL RIGHTS. See Constitutional Law. NAVIGABLE WATERS. See Waters and Watercourses. NAVIGATION. See Ships and Shipping; Waters and Water- courses. NEAREST HEIR. Meaning of that or similar phrase in will designating legatee or devisee. 1915A-474. NEAREST OF KIN. Meaning of that or similar phrase in will designating legatee or devisee. 1915A-475. NEAREST RELATIVE. Meaning of that or similar phrase in will designating legatee or devisee. 1915A-475. 600 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NECESSARIES. Infants, burden of proof and province of court and jury as to whether articles furnished infant constitute necessa- ries. 14-686. clothing purchased by minor, liability of parent. 1913A-967. disaffirmance of contract for necessaries, right of infant. 4-422; 1914C-239. education or instruction of infant, con- tracts for. 8-131; 20-593. implied authority of child to bind parent. 4-1188. legal services in behalf of minor. 1914D-604. Husband and wife, authority of wife to purchase necessaries during cohabita- tion. 1915A-3. dental charges, liability of husband on wife's contract. 1912C-142. divorce decree as res judicata in action seeking to hold husband for neces- saries furnished wife. 1916B-899, 919. estoppel of man representing woman as his wife to deny liability for purchases by her. 1913D-1062. household .expenses, liability of wife. 1917C-561. medical attendance upon husband, lia- bility of wife. 5-832. wife contracting for necessaries on her own credit, liability of husband. 9 1067. NECESSARY. Easement, meaning of term "necessary" as applied to easement. 1918D-931. Exemption statute, meaning of term "ne- cessary" as used therein. 1918B-173. Wills, meaning of term "necessary" as used in will. 1918D-1162. NECESSARY EXPENSE. Meaning of term. 1918D-921. NECESSARY TRAVEL. Meaning as used with respect to mileage allowance. 1918D-934. NECESSITY. Action by disqualified judge as justified by necessity. 1917A-1061. Easements, necessity as essential to crea- tion of implied easement of right of way. 1913C-1112. Work of necessity within Sunday laws, flale of food as constituting. 16-278. NECK. Injury to neck, adequacy of verdict. 1916B-431. NE EXEAT. Suits by wife for support or for divorce and alimony. 3-295. NEGATIVE EVIDENCE. Character as provable by negative evi- dence. 17-108. Injury at railroad crossing, weight of tes- timony that person did not see or hear train approaching, when evidence shows he must have seen or heard it if looking or listening. 1912B- 1133. Private books or records as evidence of what they do not contain. 1914B-1256. Weight of negative testimony. 12-1033; 18-633; 1916A-163. NEGATIVES PREGNANT. Pleading negatives pregnant. 1917A-66S, 678, 681, 685. NEGLECT OF DUTY. Servant's neglect as ground for his dis- charge. 1916A-1022. NEGLIGENCE. 1. In General. 2. Nature and Elements. 3. Contributory Negligence. A. GENERALLY. B. IMPUTED NEGLIGENCE. C. LAST CLEAR CHANCE. D. EFFECT op CONTEIBUTORY NEGLI- GENCE. NEGLIGENCE. 601 NEGLIGENCE Continued. 4. Comparative Negligence. 5. Proximate Cause. 6. Pleading. 7. Evidence. 8. Instructions. 9. Particular Cases of Negligence. 1. In General. Absolute duty or liability, meaning of term "absolute." 1916B-296. Accident insurance, exposure resulting from negligence as unnecessary ex- posure to danger within policy. 1916B-274. Unclassified negligence cases. 1914A-876. 2. Nature and Elements. Attractive nuisance doctrine as applied to municipalities. 19150-286, 304. Cutting hole in ice on public waters, civil liability for personal injuries caused. 14-365. Due care toward third person, may one recover for injury inflicted through defendant's failure to use. 1913E- 927. Exposure to contagious or infectious dis- ease, liability of person exposing an- other. 1912B-64. Fireworks, liability for injuries resulting from discharge. 5-539; 13-547. Licensee and invitee, distinction between. 1913C-570. Manufacturer of article not inherently dangerous, liability as for negligence. 1914A-877. Privity of contract as an element of ac- tionable negligence. 1-755. Shooting another while hunting, civil lia- bility of sportsman. 20-126; 1918C- 386. Turnstile, revolving or swinging doors, lia- bility of proprietor for injuries re- ceived in. 16-117; 1916D-1235. Turntable cases, jurisdictions in which doctrine is approved or disapproved. 11-901, 990. Unguarded pond, pool, well, etc. /liability of land owner for injury to trespass- NEGLIGENCE Continued. ing child on account of. 11-990; 1916C-1085; 1917A-726. Violation of statute or ordinance as ac- tionable negligence. 1917E-852. law not intended for plaintiff's benefit, violation as actionable negligence. 9- 427; 1912D-1106; 1916B-301. 3. Contributory Negligence. A. GENERALLY. Assumption of risk and contributory neg- ligence, distinction between. 18-960. Attempt to save human life as contribu- tory negligence. 4-928; 1917C-654. going upon track in advance of ap- proaching train in attempt to save life. 21-1178. Blindness or deafness of injured person as affecting question of contributory neg- ligence. 5-76; 1912C-1072. Children, contributory negligence of chil- dren. 1-895; 17-353; 1913A-117; 1913B-969. Coal-hole in sidewalk, contributory neg- ligence of pedestrian as precluding re- covery for injuries sustained. 19-471; 1917D-496. Contributory negligence as precluding re- covery where previous negligence of defendant incapacitated him from avoiding injury. 1916D-501; 1917E- 768. Effort to save property as contributory negligence. 4-216; 11-371; 1914C- 413. Forgetfulness of known danger as negli- gence of person other than servant. 1913D-36. pedestrian's forgetfulness of defects in highway as contributory negligence. 1915B-764. servant's forgetfulness of known danger as contributory negligence. 1913B- 1197. Husband and wife, contributory negli- gence of one spouse as bar to recov- ery for injuries to other. 1912A-647. Intoxication as affecting contributory neg- ligence. 5-72; 19-1176; 1914D-114. Laborer in street, care required to avoid injury from street-car. 1915B-505. Misinterpretation of signal by railroad employee as negligence. 1915A-1265. 602 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE Continued. Public officer, contributory negligence as* defense for failure to perform or neg- ligent performance of duty. 20-1309. Stopping or leaving vehicle in dangerous place in street as precluding recovery for resulting injuries. 191 70-1229, 1243. Street railway, contributory negligence of person injured as affecting duty of street-car to sound gong or bell. 20- 158. Streets, recovery for injury from station- ary obstruction in street as precluded by contributory negligence. 1913C- 535. Violation of statute or ordinance as con- tributory negligence. 4-513. B. IMPUTED NEGLIGENCE. Automobile driver's negligence as impu- table to occupant. 19-1225; 1918B- 241; 191SC-961. Bailee's negligence as imputable to bailor in action by latter against stranger for injury to property. 18-537. Child's negligence as imputable to parent. 21-143. Contributory . negligence of person to whom child is intrusted as imputable to parents. 1916A-893. Death by wrongful act, imputability of negligence of one parent to other in action to recover for death of child. 1914B-35. Driver's negligence as imputable to pas- senger. 3-703; 9-408, 938; 1916E- 685. Husband and wife, imputability of con- tributory negligence of one spouse to other. 1912A-647. Master and servant, imputation of negli- gence arising from relation. 1912A- 648. Parent's negligence as imputable to child of tender years. 1-216; 7-244; 11- 686; 1912D-521. Railroads, applicability of rule of im- putability of contributory negligence of driver to occupant of vehicle. 5- 163. Street railways, applicability of rule of imputability of contributory negli- gence of driver and occupant of ve- hicle. 5-163. NEGLIGENCE Continued. C. LAST CLEAB CHANCE. Collision between automobile and street- car, application of last clear chancs doctrine. 1916E-515. Concurrent negligence of plaintiff as de- feating recovery under doctrine of last clear chance. 1912B-S88. Standing or walking close to railroad track, application of last clear chance rule to injury sustained by person. 1912B-1242. Stopping or leaving vehicle in dangerous place in street, application of doctrine. 1917C-1239, 1243. Trestle or bridge, liability of railroad for injury to person other than servant. 1914D-1218. D. EFFECT or CONTKIBUTOBT NEGLIGENCE. Contributory negligence of plaintiff as im- plying negligence of defendant. 19- 1234. Defective certificate of acknowledgment, contributory negligence of injured persons as affecting right of recovery from officer. 1915C-1029. Nuisance, contributory wrong of plaintiff as precluding recovery of damages. 11-134. Wilful wrong, contributory negligence as defense to action. 1912A-493. 4. Comparative Negligence. Federal Employers' Liability Act, compar- ison of negligence thereunder. 1914C 175. Jurisdictions in which doctrine of com- parative negligence is recognized. 3 4S; 19-1143; 1918B-1098. 5. Proximate Cause. Aggravation of latent or dormant discr.se of person by negligent act as bearing on question of proximate cause. 1915B-201. Bridges, negligent manner of maintenance of a municipal bridge essential as proximate cause for injury from de- fect therein. 15-845. Illness of person injured as proximate cause of injury. 2-734. NEGLIGENCE. 603 NEGLIGENCE -Continued. Proximate cause and intervening condi- tion. 1-230. Respective functions of court and jury in regard to question of proximate cause. 1913B-351. Stranger's act in attempting to remedy situation caused by negligence of an- other as relieving latter from liabil- ity for resulting injury. 14-395. 6. Pleading. Acts of negligence not pleaded, right to recover upon. 1912A-641. Amendment of complaint, additional ground stated for same injury as constituting new cause of action barred by limitation statute. 1913D- 742; 1916B-511. changing description of place of injury as introducing new cause of action. 1915B-219. Availability of contributory negligence as defense when not pleaded. 15-433; 1913B-845. Bills of particulars in negligence actions. 3-161; 1916B-105. defense of contributory negligence, right to bill of particulars with respect to. 1916B-110. Custom, necessity of pleading in negli- gence action. 1912B-1064. Inconsistent defenses in action growing out of negligence. 1917C-736. "On or about" certain day, sufficiency of allegation and proof as to time of infliction of personal injury. 1916A- 217. Rule as to complaint alleging proximate cause as applicable to injury from excavation in street. 1913E-82. Two or more acts of negligence in one count, right to charge in complaint or declaration in action for damages for personal injuries. 1913C-101. 7. Evidence. Absence of prior accident, admissibility of evidence in action for negligence. 5-1014. Admissions tending to show negligence, competency and weight. 14-227. NEGLIGENCE Continued. Contributory negligence, burden of proof as to. 10-4. Federal courts as bound by state deci- sions on burden of proof of contribu- tory negligence. 16569. Insurance of defendant (other than mas- ter) against liability, admissibility of evidence of fact. 1914A-948; 1916E- 571. "On or about" certain day, sufficiency of proof as to time of infliction of per- sonal injury. 1916A-217. Opinion of witness as to whether conduct of certain person was careless, reck- less or negligent, admissibility. 1913C- 1077. Ordinance not pleaded, admissibility to prove negligence. 16-1064. Ordinary practice or custom in perform- ance of similar act, admissibility of evidence on issue of negligence. 20- 1205. Res ipsa loquitur doctrine, application to injury to person in highway caused by fall of wall or portion thereof. 1916E-1073. burden of showing negligence as re- lieved by rule of res ipsa loquitur. 1914D-908. child run over in street, applicability of doctrine. 1913C-1056. derailment of train or car as presumptive evidence of negligence. 12-1045; 1913E-552. electric appliances on private property, doctrine as applicable to injury of person. 1913A-11S4. elevators, fall as presumptive evidence of negligence on part of owner or operator. 8-976. explosion of boiler or of vulcanizer, doc- trine as applicable. 1912A-980; 1914D-971. master and servant, doctrine as appli- cable to relation. 1912D-436; 1914D- 94; 1915C-515; 1916B-752. street-car collision with wagon injuring passenger on car as raising presump- tion of negligence. 4-12; 1915C-667. unexplained starting of machinery as raising inference of negligence. 1912D- 511; 1916B-218. Violation of statute, proof thereof as tending to show negligence. 9-431. 604 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE Continued. 8. Instructions. Ordinary care, propriety of instruction charging as that which person of rea- sonable prudence "would use in his own affairs, about his own business, in preventing personal injury to him- self." 1914B-1024. Proximate cause, effect of failure to give instruction that alleged negligence must have been proximate cause of injury. 20-85. 9. Particular Cases of Negligence. Abstract of title erroneously compiled, liability of abstractor. 12-410; 1912B-840; 1915D-448; 1918E-93. extent of liability for negligence. 1- 755. Accident insurance, accidental injury ow- ing to negligence as voluntary expos- ure to unnecessary danger within terms of accident insurance policy. 1916B- 274. Adjoining land owner, excavations injur- ing adjoining buildings, liability of land owner. 21-19; 1917A-352. falling or dropping of objects causing injury to adjoining property, liability for. 1914B-1171. Agency, personal liability of agent hav- ing charge of real property for mis- feasance. 1918D-233. Animals, injuries to or by. See Animals. Arbitrator, negligence in exercise of hon- est judgment, right of action against. 1913E-651. Assault, bystander injured by person while acting in self-defense, liability of latter as for negligence. 1916C- 1150. right to recover in civil action on ground of negligent assault. 1914B- 999. Attorneys, burden of proof in action against attorney for negligence. 2- 603; 14-342; costs of action, negligence of attorney as imposing personal liability on him. 21-882. judgment against party through negli- gence of attorney as entitling former to equitable relief. 10-447. NEGLIGENCE Continued. liability of attorney for negligence. 1917B-3, 54. survival of action for negligence of at- torney. 6-651. Automobiles, accidents to automobiles at railroad crossing. 1913B-680; 1915B- 767. acts of chauffeur or agent, liability of owner for. 10-732; 12-972; 1914C- 1087; 1915D-476; 1916A-659; 1917D- 1001; 1918D-241, 1134. chauffeur's personal injuries, liability of owner to him. 1916E-1090. child's acts of negligence, liability of owner. 1914C-1091; 1918E-1137. collision between automobile and street- car, application of last clear chance doctrine. 1916E-515. defective construction of machine, lia- bility of maker to third person. 1913B-694; 1916C-446; 1917E-584. driver other than owner's servant or child, liability for acts. 1916A-668; 1917E-228. failure to comply with statutory regula- tions as to registration, license, dis- playing number, etc., as affecting rights and liabilities of owner or driver. 18-242; 1914A-128; 1918D- S47. guests, liability of owner for injuries to person riding as invited guest. 1915D- 345; 1918B-1098; 1918E-1127. imputability of driver's negligence to oc- cupant of automobile. 19-1225; 1916E-268. leased or demonstrating car, responsibil- ity for act of driver. 1916A-673. leaving automobile unattended in high- way, liability for resulting injuries. 16-402. rights and duties of persons driving in streets. 1916E-661. statute making owner liable for negli- gent operation by any person, validity. 1915A-1170. unregistered machine, liability of driver irrespective of negligence for injury. 1918B-1147. Awning, sign, etc., suspended over street, fall cau|ing personal injury, liability of person maintaining. 10-718, 17- 376. Bank examiner, liability of bank examiner for breach of duty. 1916E-220. NEGLIGENCE. 605 NEGLIGENCE Continued. Banks, collecting bank sending check di- rectly to drawee bank for payment. 8-372; 1912B-123. sending paper received for collection di- rectly to payer or drawer, liability. 5 r 658. subagent's negligence as affecting liabil- ity of bank for failure to protest pa- per received for collection. 1918A- 900. Bathing resort or beach, duty of proprietor to patrons. 8-982; 1913D-1217; 1917B-333. Blasting, injury to property by concussion or vibration resulting from blasting. 2-201; 19-787; 1916C-1176. liability for injury to property accom- panied by actual physical invasion of property. 11-347. Breeding animal, liability for negligence in service. 1916A-581. Bridges, injury by vessel, liability. 1917B- 938. liability of municipality in respect to maintenance and operation of bridges 15-833. Burglar-alarm system, liability for negli- gence of company maintaining. 1915D-1187. Carriers of goods, act of God co-operating with carrier's negligence, liability of carrier for damages caused. 3-453; 12-449; 1912D-968; 1918A-581. contract stipulating value of goods as valid limitation on carrier's liability for negligence. 12-1129; 18-353; 1913D-987. delay in transporting property intended for exhibition purposes, measure of damages. 5-827; 1918E-1057. delivery of goods to wrong person, liabil- ity of carrier. 5-100; 1915D-875. departure from agreed method of trans- portation, effect on liability of carrier. 1912B-615; 1918C-1075. depreciation in value of goods caused by delay in transporting them, measure of damages. 1917D-164. loss arising from rise or fall of tide as due to act of God. 1917A-450. notice of injury to shipment of goods, sufficiency. 1918D-817. penalty imposed by statute on carrier of goods or livestock for failure to pay NEGLIGENCE Continued. claim within certain time, validity. 20-1056; 1915D-824; 1916D-335. reasonable time for removal of goods by consignee from premises of carrier, what constitutes. 21-531; 1918E-' 1114. safe cars, liability of carrier for injuries resulting to consignor or consignee from failure to furnish. 9-990. shipper's control of car as affecting liability of shipper to carrier for in- jury to car. 1914C-636. unusual and excessive amount of freight to be handled as excusing delay in transportation by carrier. 11-274; 1913D-967; 1918D-143. Carriers of livestock, burden of proof of negligence on part of carrier. 15-35; 1913E-311. escape of animals from custody of car- rier, liability. 1912B-392. injury to stock where shipper loads im- properly, liability of carrier. 1916E- 1203. Carriers of passengers, alighting from mov- ing train where act is obviously dan- gerous as contributory negligence. 1-778; 17-1154. appliances purchased from manufacturer, liability of carrier with respect to. 1916E-929. articles fulling from parcel rack, liabil- ity of carrier. 21-323; 1915B-269. baggage placed by passengers in car aisles, allowance by carrier as consti- tuting negligence. 12-887; 1913B- 814; 1914D-16S. banana peel, injury to passenger caused by slipping on banana peel or the like, liability of carrier. 21-1144; 1916E- 1087. boarding moving car or train as contribu- tory negligence. 2939. change of cars, duty of carrier to give passenger notice of and time to make change. 1917D-488. collision resulting in injury to passenger, presumption of negligence. 4-10; 1917C-634. connecting carriers, liability of initial carrier for wrongful acts or omissions of connecting carriers. 3-5; 1916A- 493. contributory negligence of passenger in violating rule as affected by failure of carrier to enforce rule. 1916E-1308. 606 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE Continued. crossing intermediate track between train and station as contributory neg- ligence on part of passenger. 14-25. delay in transportation of passenger due to negligence, liability of carrier. 17- 952; 1915A-1077. derailment of train or car, as evidence of negligence of carrier. 12-1045; 1913E-552. destination, duty of railroad to put passenger off at destination not slop- ping station. 6-24; 1912C-552; 1916E- 1220. door of car, injury to passenger caused by car door, liability. 18-1163; 1918C-377. drover riding on pass or in charge of stock, liability of carrier. 6-799; 1917E-149. emergency brakes, liability for injury to passenger caused by application. 1915C-764. employees of another person or com- pany, validity and effect of contracts limiting liability of carrier for inju- ries. 12-1077. express messengers, validity of stipula- tion against liability. 12-727. falling overboard, liability of carrier by water for injury to or death of pas- senger. 1917D-1038. free passenger, liability of carrier for injury to. 6-669; 10-870; 1914B- 1209. freight or stock trains, contributory negligence and assumption of risk as applied to passengers on. 6-800. going from one car to another of mov- ing train, liability of carrier for in- juries to passenger. 16-446; 1916A- 144. insane passenger, duty and liability of carrier with respect to. 1913D-153; 1916E-256. intoxicated passenger, liability of car- rier to. 5-72; 9-488. jumping from vehicle to avoid threat- ened danger as contributory negli- gence of passenger. 16-84. larceny from or robbery of passenger by stranger, liability of carrier (other than sleeping-car company). 1918E- 582. leaving seat before train stops at des- tination as contributory negligence. 4-750; 1914A-636. NEGLIGENCE Continued. " lighting passenger stations, sufficient light and reasonable time as question for jury. 7-970. mail-crane located near railroad track, as actionable negligence. 9-1002; 1916E-717. nonplatform side of train, contributory negligence of passenger in alighting. 1914C-504. operating car or train with insufficient number of employees, liability of car- rier. 1917C-73. passes, validity of stipulation exempting carrier from liability for injuries. 4- 557; 5-768; 12-584; 1914A-678; 1915C- 623. permitting part of body to protrude from car, as contributory negligence of passenger. 1-710; 1916C-121S 1 . person attending passenger, contributory negligence as barring right of recov- ery. 10-163. platforms, passenger riding on platform, liability of railroad for injuries re- ceived. 1914A-563. public officer injured on train or prem- ises in discharge of official duties, liability of carrier or owner of prem- ises. 21-499; 1914B-518. release of carrier from liability to sleep- ing-car employees, validity of con- tract. 12-738; 1915B-534. riding or standing on running-board or step of open street-car as contribu- tory negligence. 4-666; 9-1025; 1914 A- 1172; 1917C-71; 1918C-445. safe place for delivery of baggage to passenger, duty of carrier to provide. 1916C-1213. sickness of passenger during transit, duty and liability of carrier. 21- 1081; 1916C-862. sleeping-car passenger losing effects left in berth while temporarily absent, liability of company. 10-895. standing in moving car of train as con- tributory negligence. 13-122. steamship stipulation against liability for baggage of passenger, validity and effect. 9-915. termination of carrier's liability to pas- senger. 6-1033; 19-1019; 1915C-1223. window, fall of car window injuring passenger, liability of carrier. 1912B- 850. NEGLIGENCE. 607 NEGLIGENCE Continued. Charitable institutions, liability for neg- ligence of employees. 4-104; S-llll; 11-160; 1913E-1129; 1915C-586; 1916E-252; 1918E-1174. Chattel mortgages, injury, e4c., to chattels, right of action of mortgagor against third person. 1917D-554. Cold storage warehouseman, liability for negligence. 1916A-537; 1918C-895. Collapse of building, liability of owner for injuries caused. 18-5; 1917A-478. Confusion of goods, liability for tortious or wrongful act. 1913E-665; 1918A- 740. Corporations, equitable jurisdiction of suits by corporation against officers or di- rectors for negligence. 7-1121. negligence of officers, right of corpora- tion or stockholders to recover amount of damages paid by corporation there- for. 1913C-375. transfer of shares of stock without au- thority of owner, liability as based on negligence. 1913E-1174. Dam across watercourse, liability of one constructing dam for breaking thereof. 1912A-110. Dead bodies, right to recover for mutila- tion. 191SD-736. Death of human being as element of re- covery in civil action between third persons. 1917B-886. Dentists, liability to patient for malprac- tice. 1914A-273; 1918C-1190. Descent and distribution, neglect of cred- itor as precluding enforcement of debt against heir or devisee. 1917C->-9o. Destruction of property, personal property partly destroyed or injured by negli- gent act, measure of damages recover- able. 1915D-795. Detectives, civil liability of private detec- tive or his employer. 1917A-584. Door or gate opening outwards in street, liability for injuries caused. 1916&- 458. Druggists, liability of druggist for neg- ligence of clerk. 1915C-419. Electricity, charging wire of other com- pany or person, liability of electric company for injuries resulting. 16- 1194; 1918C-916. NEGLIGENCE Continued. children, duty and liability of one main- taining electric wires in reference to children. 10-925; 21-1096; 1917A- 895. escape of excessive current from con- trol as presumptive negligence under res ipsa loquitur doctrine. 1913A- 1184; 1917C-862. injuries to person on premises to which electric company supplies current, lia- bility of company. 17-1046. inside wiring or apparatus, liability of light company for injuries resulting from condition. 1917A-1175. liability of electric company maintain- ing wires in close proximity to those of another company for injury to em- ployee of latter company. 1918D- 4, 63. live wires in highway, liability for in- jury to person coming in contact. 4- 709; 6-533; 1913D-912. maintenance of wires over private property, as distinguished from high- way, liability for injuries received by adult coming in contact therewith. 21-374; 1918C-594. stringing electric wires above ground as negligence. 9-751. Elevators, contributory negligence pre- cluding recovery for injury to intend- ing passengers by fall down elevator shaft. 1914C-578. fall of elevator as presumptive negli- gence on part of owner or operator. 8-976. liability of proprietor for injury to per- son other than passenger. 1912D-531; 1915B-572. violation of statute or ordinance requir- ing safeguarding of elevators not in- tended for plaintiff's benefit as action- able negligence. 9-430. Escrow, liability for delivery of property to person not entitled, negligence as element. 1915A-278. i Executors and administrators, personal liability to third person. 21-355. public administrator, personal liability for injury to property administered. 1918B-1072. Expert accountant, liability for failure to disclose true status of accounts. 1914C-722. 608 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE Continued. Explosives, keeping and st6ring, liability for injuries caused. 10-456; 20-827. seller's liability for injury caused by explosive. 5-1S1; 12-267; 1913E-399. throwing away small quantity, liability of person as for negligence. 1915A- 146; 1917B-345. Fences, "barbed wire fence, liability of owner for injuries caused. 1913D- 781; 1915B-856. Ferry owner, liability to passenger. 17- 371; 1915C-1004; 1&18E-1083. Fidelity insurance, what constitutes negli- gence by employee. 1917C434. Fire department, care required of driver to avoid collision with street-car or other vehicle. 1913E-231. Fire-escapes, duty to maintain. 9-1166; 1913E-777; 1916E-629. liability of landlord to employee of tenant for failure to keep in good condition. 1913B-278. Fire insurance agent's liability to owner of property for failure to procure in- surance. 1918B-1037. liability of agent for placing insurance in insolvent company. 1912B-40. watchman of insured premises, negli- gence as affecting right of insured to recover for loss. 21-847; 1917D-S22. Fire patrol, liability in tort. 16-1222; 1917E-684. Fires, absolute liability of railroad for damage by fire, validity of statute imposing. 16-941; 1918A-632. contract exempting railroad from lia- bility for fire, validity and effect. 5-747; 12-499; 1914A-1206. contributory negligence as defense to action under statute making rail- road liable for setting fire. 1914D- 934. erection of building near railroad track as contributory negligence to injury by fire set by railroad. 8-441. exemption from liability for fire com- municated by railroad to property on its right of way. 5-747; 12-^499; 1914A-1206. independent contractor rule as appli- cable to damage by fire. 18-755. licensee in possession of property, liabil- ity for damage by fire. 191SD-378. NEGLIGENCE Continued. master's liability to third person for damage by fire started by servant. 1914A-1102; 1917B-1054. negligence of railroad in maintaining building on right of way from which fire is communicated to property of another. 17-193. permitting combustibles or conducting farming operations on premises ad- joining railroad right of way as contributory negligence barring re- covery for fire set by railroad. 13- 1206. presumption of negligence arising from communication of fire by railroad en- gine. 1-815; 16-882; 1913E-37]. setting fire on one's own premises, neg- ligence as affected by weather condi- tions. 20-699. stationary engine, furnace, or the like, liability for causing fire. 1917C-771. time and distance traveled by fire as elements in determining negligence of railroad as proximate cause of damage. 3-386. two separate fires uniting, liability for damage caused. 1915C-1218. Fireworks, act of third person, in dis- charging fireworks, liability for in- juries resulting. 5-540; 13-547. liability of committee charged with ex- hibition for resulting injuries. 1918D- 972. Food, foreign substance in beverage or food, liability for resulting injury. 1917B-575; 1918B-225. Forced labor, right of person performing to recover for negligence of co- worker. 4-479. Gas companies, acts constituting negli- gence. 1-66. escape of gas from pipes, liability for injury caused. 1914C-344; 1916E- 277. Homicide, contributory negligence as de- fense to prosecution. 1912C-501. Hospital, pesthouse or almshouse, munici- pal liability in respect to condition or performance of services. 4-624; 1918D-803. insane person, liability of institution of which he is an inmate for his negli- gence. 22-S29. NEGLIGENCE. 609 NEGLIGENCE Continued. negligence of employees of private hos- pital or sanitarium, liability of owner or proprietor. 8-1046; 1915B-1229. unlawful detention in hospital or insti- tution for insane, right to damages. 1917C-162. Hunting, civil liability of sportsman for shooting another while hunting. 20 126; 1918C-386. Husband and wife, contributory negli- gence of one spouse as bar to recov- ery for injuries to other. 1912A-647. injury to or loss of consortium, right of wife to maintain action in absence of statute. 1913A-989; 1918D-208. personal injuries to wife where statute gives her right of action therefor, right of husband to recover for losa of consortium. 1912B-1125. Independent contractor, injury to person or property of third party sustained after completion of work, liability of contractor. 4-228; 1912B-710. liability of owner of premises for dam- ages done by contractor. 14-1161. negligence of contractor as affecting liability of mine owner for injuries to contractor's servant. 1912A-596. repairing leased premises, liability of landlord to tenant for injuries. 9- 211. runaway horse, liability of independent contractor for municipality for in- juries to horse. 1914C-254. street improvement work, municipal lia- bility for injuries. 16-433; 1914A- 71. Infant stealing ride on vehicle, liability for injuries resulting. 1917D-379. Innkeepers, assault on guest by employee or other person, liability of inn- keeper. S-688. condition of inn premises, liability of innkeeper to guest. 1-5-925; 1912A- 1210. fire injuring guest, liability. 1917A- 143. guest's acts, liability of innkeeper to third person. 19-219. insult or indignity to guest, liability. 1918E-255. Insurance agent, collection of premium, lia- bility of agent to company for fail- ure to collect. 1916D-651. > Index to Notes 39 NEGLIGENCE Continued. failure to cancel or reduce policy as directed, liability. 1918C-1043. issuance of policy by agent in violation of instruction, liability of agent. 1917B-493. Irrigation, liability of owner of ditch for damages arising from its construction and maintenance. 13-267; 1916D- 981. Jails, liability of municipal corporation for unsafe or unhealthy condition. 4-516; 12-797; 1913B-1280; 1915D-153. Kerosene used for kindling fire as negli- gence. 1912A-630. Landlord and tenant, ceiling, liability of landlord to tenant for injuries caused by fall of ceiling. 1913C-973. defects in premises, landlord's liability to third person as affected by his agreement to repair. 2-466; 12-49; 1915B-165; 1916C-818. negligent use of waterworks by one tenant as creating liability to an- other. 18-533. passageway common to tenants, duty of landlord to light. 14-764; 19-667; 1914D-592; 1917E-596. repairs voluntarily made by landlord, liability as for negligence. 1915D- S27. water brought on premises, liability of landlord to tenant for injuries caused. 10-257; 1913D-811. Life estates, injury to both estate and inheritance, Tight of life tenant to recover damages. 1916C-881. Mail-crane located near railroad track as actionable negligence. 9-1002; 1916E- 717. Master and servant, liability for negli- gence. See Master and Servant. Mines, falling of roof of mine, liability of mine owner to servant for injuries caused. 1912B-577. flooding mine, liability for. 1914C-458. premature explosion, liability of mine owner to servant for injuries. 1913C- 594. unguarded excavation, liability of mine owner or operator for injuries result- ing. 1916E-484. water, oil or the like pumped from mine flowing on to adjoining land, 610 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE C on.tinue d. liability of mine owner for injury caused. 1914D-70. Mobs, liability of municipality for dam- age caused as dependent on notice to authorities. 8-465; 1916A-326. Motorcycle operation, liability for negli- gence. 1917A-221. Municipal corporation, bridges, liability for manner of maintenance and oper- ation. 15-S33. cleaning streets or removal of garbage, ashes, or other refuse, liability of mu- nicipality for tort committed. 1916C 242; 1918D-834. electric light plant of municipality, lia- bility for negligent operation. 9-851; 1912B-817; 1915D-753. hospitals, pesthouses and almshouses, liability of municipality, in respect to condition of or performance of ser- vices incident to such institutions. 4-624. parks and public squares, municipal lia- bility for negligence in maintenance. 1915C-255; 1916E-900. repairing public highway, liability for injury caused by negligence of town officer. 1914A-558. sewers, defective construction, as impos- ing municipal liability for resulting injuries. 4-1089; 14-175. unsafe condition of building maintained for public use or amusement, liability of municipality. 7-1042; 1918D-115. waterworks, liability for negligence in construction or operation. 14-1010; 1912A-220. Owners of land, changing condition of premises, duty of land owner to li- censee with respect to. 1915D-326. dangerous machinery on premises, lia- bility of land owner for injury to in- fant licensee or invitee. 1913A-115. dangerous premises, duty of owner to invitee temporarily following own purposes. 17-591. dangerous substances on premises, lia- bility of owner for injury to trespass- ing children. 5-503. excavation on land, liability of owner to adult licensee who falls into. 1913C-750. inspection of premises, liability of owner to prospective tenant or pur- chaser, or member of his family, NEGLIGENCE Continued. visiting premises for purpose. 1916A- 9S8. licensees or invitees on premises, duty of owner. 1-209. pond, pool or well, liability of land owner for injury to trespassing child on account of unguarded condition. 7-200. search of employment, liability of owner to person injured on premises while so engaged. 1914C-280. selling goods on dangerous premises, liability of owner to invitee going thereon for purpose. 19-425. third person's act committed on prem- ises, liability of owner or occupant. 1914D-91. transfer of premises, liability of former owner when injury due to his negli- gence during ownership. 1912D-577. Partnership, liability to individual part- ner for loss suffered by him through negligence of firm. 1912C-865. Personal injuries, assignability of right of action. 6-444. survival of action after death of person injured. . 1914D-359. validity of statute providing for sur- vival of action after death of person. 1917E-1171. Physician or surgeon employed by rail- road or steamship company, liability of company for negligence. 1912B- 935. excessive verdict for malpractice, what is. 1916C-1078. failure of surgeon to make test before operation as malpractice. 1918A- 883. indemnity insurance against liability of physician for malpractice. 191 6E- 1159. partnership, liability of firm of which physician is partner for his negli- gence. 16-353. specialist, degree of care required of physician or surgeon assuming to be specialist. 1915D-1124. veterinary surgeon in treating animal, liability. 1912A-481. wrong diagnosis, liability for malprac- tice in making. 1917D-708. X-rays, liability of surgeon for injuries caused by use. 1912C-1124; 191SE- 258. NEGLIGENCE. 611 NEGLIGENCE Continued. Pilots, liability for negligence. 13-949. Poisons, contributory negligence of in- jured person, his agents or servants, as bar to action for sale of poison by mistake. 8-896. Prisons, liability of prison officer to con- vict for tort. 1915D-964. Public officer, action against public officer for negligent performance of official duty, contributory negligence as de- fense. 20-1309. injuries caused person by defective condition of street or highway, per- sonal liability of officer. 1917D-939. neglect of duty as affecting right to salary. 1918B-435, 452. public administrator, personal liability for injury to property administered. 1918B-1072. state's liability for torts of public offi- cer. 1913E-1038; 1918D-916. Railroads, negligence with respect to operation. See Railroads. Receivers, negligence of receiver as for- feiting right to compensation. 1915D-1256. Recording officer, negligence in indexing record, liability to person injured for failure to index or error in indexing record. 20-487. Release and discharge, avoidance of re- lease of claim for personal injuries on account of misstatements of physi- cian as to nature of injuries. 20 750; 1918A-358. Reservoirs, want of care as creating lia- bility for damages by escaping water. 5-682. Restaurants, liability as for negligence of proprietor of restaurant or lunch- room to person injured by eating therein. 1914B-885; 1916D-921. Savings banks, liability for wrong pay- ment. 1-100. Scaffolds, liability of owner of building for injury to pedestrian resulting from erection of scaffold for repair- ing or painting buildiug. 1916C-123. School board or municipal corporation, liability for defective condition of public school premises. 3-S84; 1'J- 406; 1917D-797. NEGLIGENCE Continued. teacher's negligence toward pupil, lia- bility of public school district or cor- poration. 1912A-337. Ships and shipping, failure to hear fog signal as evidence of negligence. 13^49; 18-528. Soldier or militiaman, civil liability for injury to person or property. 1917C- 8. Steam, liability for injuries from genera- tion or use of steam. 1915D-850, 862. Stores, crowd in department store, lia- bility of proprietor, injuries caused. 18-42. elevator shaft, liability of proprietor for injury to customer falling into unguarded shaft. 1918E-319. opening into storeroom, liability of pro- prietor for injuries sustained by fall- ing into. 1913C-568. slippery condition of floor, liability of owner of store for injuries caused to customer. 1914A-133. stairways, liability of store proprietor to customer for failure to keep in safe condition. 1912D-141. Street railways, alighting from street- car and passing to rear of it across parallel track without looking for approaching car as contributory negli- gence on part of passenger. 6-705; 12-912; 1916E-998. anticipation of person's attempt to cross street railway track, duty of car driver. 1915A-216. collision at railroad crossing, liability of street railway for injury to pas- senger. 1913E-179; 1918C-47. electricity communicated from track (not third rail), liability of street railway for injury caused. 1915R- 708. fire apparatus, care required of driver of street-car to avoid collision. 1918A-290. last clear chance doctrine, application to collision between street-car and automobile. 1916E-515. operation of cars in violation of ordi- nance as negligence per se. 9-840; 1913E-1100. pedestrian crossing street railway track who fails to stop, look and. listen. 3-334; 1915B-690. 612 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEGLIGENCE Continued. rounding curve, liability for injuries caused by striking pedestrian. 1916E- 679. sounding gong or bell, duty of street railway to give notice of approach of car thereby. 20-152. walking on street railway track as con- stituting contributory negligence. 10- 947. wrongfully riding on car by permission or direction of employee, liability of company to such person for negli- gence. 1917C-361. Streets and highways, abutting owner's obstruction of street in violation of ordinance as negligence. 1912A-795. banana peel on sidewalk, municipal lia- bility for injuries caused. 1918E-178. building materials in street causing in- jury, liability of owner. 2-503; 10- 918. closed to travel, right to damages of one injured while using street. 1912B-957. coal-hole in sidewalk, legal liability for injuries sustained by pedestrian. 19- 466; 1917D-494. concurring causes, defective highway and runaway horse, liability of city or town for injuries. f 2-180; 11-512. defect in highway of which municipal- ity has actual notice as affecting lia- bility for injuries. 1918B-384. diversion of traveler's attention from defect or obstruction in highway as affecting recovery for injuries sus- tained. 16-969; 1916B-1009. exemption from liability for negligence in respect to condition of streets and highways, validity of statute reliev- ing municipality. 18-289; 1913D- 1309. exoneration between municipality and abutting owner as to damages paid on account of unsafe highway. 7- 945; 14-1047; 1918C-1144. felling tree growing on highway, lia- bility of municipality for injuries caused. 16-837; 1913A-788. fire apparatus given right of way on streets as exempting fireman injured by collision from contributory negli- gence. 8-984. grading streets, negligent or unlawful acts, liability of municipality. 1915C- 1292. NEGLIGENCE Continued. improper use of street expressly per- mitted, liability of municipality for injury due to. 9-828; 21-469; 191 8C- 364. law of road as applicable to one using highway for play. 1917C-454. obstruction of highway under statutory or municipal authority, liability of person as for negligence. 1917A- 1003. pedestrians and vehicles using high- way, relative rights and duties. 4- 398; 1914A-250. playing on streets, liability of munici- pality for injury caused by defective highway when sustained by one using it for play. 4-250; 19-973. traction engine, liability resulting from use on highway. 1917E-798. traveler having knowledge of defect in highway, duty to take different route. 6-32. tree growing on highway, liability of municipality for injuries caused by its falling. 16-835; 1913A-787. vehicle negligently operated in street, liability of city. 1914B-342. working in street, duty and liability of driver of vehicle. 1912A-848. Suretyship, bail's negligence as releasing surety on bond to indemnify bail. 1913E-455. creditor's negligence in enforcing col- lateral security as discharging surety. 1912D-115; 1915C-371. failure of creditor to file claim against principal's estate as releasing surety. 1912D-811. Telephone company, liability with respect to public pay station. 1915D-1087. negligence in making connection for subscriber, liability. 18-1070; 1914B- 782. Telegraph companies, disclosure of con- tents of message, liability of com- pany. 1916C-727. notice to sender of delay in trans mission or delivery of message, duty of company. 1917C-545. refusal to accept message for trans- mission, liability of company. 1916D- 467. state statute penalizing negligent handling of telegrams, as regulation of interstate commerce. 1918C 1039. NEGLIGENT MANSLAUGHTER NEGROES. 613 NEGLIGENCE Continued. Tenants in common, right of one to sue for damages for injury to premises. 1918A-608. Theaters and amusements, injury to patrons of exhibitions and places of amusement, liability of owner. 5 926; 15-517; 1915B-546; 1917D-930, 933; 1918E-1073. liability of organizer or promoter of public entertainment not given for profit for personal injuries. 1917E- 238. Toy pistol sold to child, liability of seller in damages for injuries resulting. 1913C-804. Trustee in corporate mortgage, liability to bondholders for negligence. 1915A-239. Vehicles, injury to person riding in private vehicle as guest, liability of owner. 1915D-345. Waters and watercourses, municipal lia- bility for injury resulting from ob- struction of navigable water within its borders. 1915C-117. obstructions, duty of one obstructing natural watercourse to anticipate ex- traordinary freshets and floods. 8- 777; 1918A-1114. using stream to float timber, liability for resulting injuries to riparian owner. 10-235; 1918A-732. Waterworks and water companies, impure water furnished to consumers, lia- bility of company. 1915C-686; 1918D-860. municipal liability for negligence in construction or operation. 14-1010; 1912A-220. underground pipes, liability for injuries caused by. 1916C-1050. Wharves, docks or piers, injuries to per- sons on or about. 1916C-139, 164, 167, 170. Workmen's compensation, negligence of workman as affecting right of re- covery for accident arising out of and in course of his employment. 1913C-17; 1914B-502; 1916B-1310; 1918B-809. X-rays, liability of physician to patient for negligence in use. 1912C-1124; 1916B-341. NEGLIGENT MANSLAUGHTER. See Homicide. NEGOTIABILITY. See Bills and Notes; Bonds; Checks; Receivers' Certificates; Warehouse Receipts. NEGOTIABLE INSTRUMENTS. See Bills and Notes; Checks. NEGOTIABLE INSTRUMENTS ACT. See Bills and Notes. NEGROES. Carriers of passengers, duty of carrier by water with respect to accommoda- tions furnished colored passengers. 20-1018. regulation of carrier separating races, validity. 20-982. separate coaches in railway trains, right of passenger to damages for being compelled to ride in car designed for persons of another color or race. 1913E-520. statute requiring separation of races as applicable to interstate passengers. 1915B-617. validity of statute or ordinance pro- viding for separation of white and colored passengers. 7-274. "Colored," meaning as applied to person. 1912D-457. Discrimination in laws and local prejudice as grounds of removal of cause from state to federal courts. 5-704. Evidence admissible to show race to which person belongs. 1914A-461. Injunction against owner of realty from selling or offering to sell realty to colored persons. 1914B-826. Libel or slander in charging white person as negro. 4-689; 1913B-1156; 1915C- 927. "Negro," meaning of term. 20-1307. Schools, separation of white and colored pupils for purpose of education. 13- 342; 1916C-806. Theaters and amusements, right of ad- mission to places of amusement. 5- 348. 614 INDEX TO THE NOTES, 1 -ANN. CAS. TO ANN. CAS. 1918E. NEIGHBORS. Subterranean waters supplying neighbor's well or spring, right of land owner to sink well and intercept. 10-846. Waste of percolating waters, right of owner of land to waste to injury of neighbor. 4-357. NEW PROMISE. See Bankruptcy; Limitation of Actions. NEWSBOYS. Liability of carrier of passengers for in- juries on trains or street-cars. 7-528. NEPHEWS. Grandnephew as included under term. 1913E-589. NEPOTISM. Validity and construction of anti-nepotism law. 1917D-735. NERVOUS SYSTEM. Injuries and shocks to, excessiveness and inadequacy of verdict. 16-47; 1913A- 1381; 1916B-431, 457. NET EARNINGS. Earning capacity of railroad as element in valuation for purpose of taxation. 1916E-1182. Fair return on investment as basis of rea- sonableness of freight rates. 1913B- 774. NETS. Summary destruction of fishing nets, validity of statutes. 1-950. NEUTRALS. Courts as open to pleas of alien enemies. 1917C-210. Libel and slander, charge of attempting to supply munitions of war to foreign belligerent as actionable. 1915C- 768. Prizes of war, right to bring into neutral ports. 1917D-448. Requisition of goods of neutral, right of belligerent power. 1916E-245. NEWLY DISCOVERED EVI- DENCE. See Bills of Review; Criminal Law; New Trial. NEWSPAPERS. Constitutional liberty of press. 15-3. publication of matters without scope of constitutional protection. 15-9. Contempt, disclaimer of intent as defense to charge of contempt by newspaper publication. 13-503. liability for publication of evidence taken ' in suit heard in camera. 1912B-542. pendency of cause as essential element of contempt by publication of legal proceedings. 3-763; 18-664. truth of publication as justification or defense of charge. 10-692. Criminal law, prejudicial publication as ground for continuance of criminal case. 1918A-449. Criminal execution, validity of statute prohibiting publication of report. 10-353. "Daily," what constitutes. 16-421. Editorial comment, validity of contract to purchase. 1542. Evidence of prejudice Against accused entitling him to change of venue, weight of articles. 18-789. Jurors reading newspapers during trial as ground for setting aside verdict. 6 352; 12-180; 1915C-962; 1918B-929. Language in which publication required by statute should be made. 14-420; 1912B-632. Libel and slander, cartoon in newspaper as libel. 1917E-190. comment on matters of public interest as privileged under law of libel. 1917B-417; 1918E-165. communication to reporter as privileged from disclosure. 1916C-705. * editor's or manager's liability for libel published in newspaper. 7-457. head lines or titles, significance in de- termining whether article is libelous. 13-375; 1914D-96. NEW TRIAL. 615 NEWSPAPERS Continued procuring publication of libel in news- paper, liability. 1913D-13. Notice, right to compel particular news- paper to publish notice required by law. 16-386. sending newspaper containing adver- tisement as valid service of notice. 1912D-1000. statement published in newspaper as notice in absence of statute. 1913D- 224. Place of publication of newspaper. 1913E-293. Publication in single edition of news-, j paper as sufficient publication. 1917E-994. "Trade," publishing newspaper as trade. 1916A-1201. What constitutes newspaper. 16-417; 1913D-879. NEW TRIAL. 1. Duty and Power to Grant. 2. Grounds for New Trial. A. GENERALLY. B. NEWLY DISCOVERED EVIDENCE. 3. Practice. 1. Duty and Power to Grant. Appellate court, power to grant in crimi- nal case on ground of newly dis- covered evidence. 19-508. Ejectment, statutory right to new trial. 19140-735; 1916E-556. Equitable relief after denial of applica- tion at law. 21-1287. Justice of peace, or magistrate, power to reopen criminal case decided by him. 4-7G7. Libel or slander action, power of court to set aside verdict where jury vested with power to determine law and facts. 1915D-1275. Number that may be granted, construc- tion of statute limiting. 1914B-292. where verdict contrary to evidence. 2- 763. Order determining motion for new trial, power of court to open or vacate. 1913B-4S5: 1917C-1151. NEW TRIAL Continued.^ Part of issues only, right of trial court to grant new trial as to. 1913B-365. Power of court to grant new trial of its own motion. 14-65; 1914A-412. Successor to trial judge, authority to pass upon motion. 7-493 j 10-327; 1914B- 1235. Verdict contrary to evidence, duty of court to set aside. 2-762; 1912D- 1226. 2. Grounds for New Trial. A. GENERALLY. Attorneys, conduct of counsel in getting inadmissible element before jury as ground. 6-224; 19-296; 1917A-441. intoxication of attorney as ground. 1913D-500. negligence or incompetence of attorney as ground. 1913D-498. Benefit of exceptions lost from causes be- yond control ' of party, right to new trial. 12-1056; 21-262. Criminal cases, demonstration by or mis- conduct of spectator during trial as ground for new trial. 12-645; 1915B- 894. discussion by jurors of former convic- tion of defendant, or submission of record thereof, as ground for new trial. 15-361. separation of juror temporarily from fellows on account of illness as ground for new trial. 20-656. time when court may grant in criminal case on ground of newly discovered evidence. 9-1037. Custodian of jury, communication to jury by custodian or other court officer as ground. 13-522. presence in jury-room as ground. 8- 652. Inadequacy of damages in personal injury action as ground for setting asido verdict. 8-903; 17-1073; 19140-850. Incompetent evidence, admission as ground for granting by trial court. 1917D- 545. Intimidation, presence of persons in courtroom tending to overawe or in- fluence jury as ground. 1913E-80G; 1915B-894. 616 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NEW TRIAL Continued. Judges, private communication by trial judge with jury during deliberations as ground. 16-1141; 1917A-403. Jury, disclosure by juror before verdict of facts respecting verdict or state of deliberations as ground. 1918E 668. disqualification of juror as ground. 1- 196; 12-922; 1913A-892. experiment by jury with articles intro- duced in evidence as ground for set- ting aside verdict. 1915B-744. expression of opinion or prejudice by juror during trial as ground. 16-175. furnishing refreshment to juror by suc- cessful party as ground. 1912B-747. information as to facts given to jury by one of their number as ground. 4-274. intoxicating liquors, use by jury as ground. 10-889; 1912A-1322; 1916A- 939. juror staying at home of attorney of party as guest as ground. 1915A- 1162. misconduct of jury as matter resting in discretion of trial court. 1912D- 1018. newspapers, reading of newspapers by jury during trial as ground for set- ting aside verdict. 6-352; 12-180; 1915C-962; 1918B-929. objection to misconduct of juror not made until after verdict, though fact known to moving party before that time, as affecting right to new trial. 1912A-223. papers improperly in jury-room as ground for setting aside verdict. 6 931; 1915C-924. recreation allowed jury during trial as ground. 14-534; 1918B-855. separation of jury as raising presump- tion of prejudice. 1914A-737. Party's misconduct subsequent to verdict as ground. 12-958. Verdict contrary to erroneous instruction, necessity for new trial. 14-973. Witnesses, failure to swear witness as ground for new trial. 1912D-572. B. NEWLY DISCOVERED EVIDENCE. Authority of trial court to entertain bill of review for newly discovered evi- NEW TRIAL Continued. dence after decision on appeal. 5- 944. Contradictory statements made by wit- ness, newly discovered evidence thereof as ground for new trial. 1912D-856. Cumulative evidence, what is within rule excluding it when offered in support of motion. 1913D-157. Forgotten facts as constituting newly , discovered evidence. 17-317. Incompetency of witness removed since trial as within ground. 17-1165. Nonexistent evidence when trial had as affecting right to new trial for newly discovered evidence. 1913E-147. 3. Practice. Affidavits of jurors in support of verdict, admissibility. 1913B-671. others than witnesses themselves, ad- missibility to show newly discovered evidence on application for new trial on such ground. 14-423. Amendment of motion for new trial. 1917D-104. Appeal, improper grant on ground as- signed as sustainable on appeal where it appears moving party was entitled on another ground. 1913B-495. Excessive damages, voluntary remittitur as justifying denial of new trial. 2-675. Costs, imposition as condition of grant- ing for insufficiency of evidence. 7-1S3; 20-41. order granting new trial on payment of costs as making costs condition prece- dent. 1912B-249. Counter-affidavits, right of adverse party to introduce on motion for new trial. 1912D-1303. Filing motion, computation of time for fil- ing by exclusion or inclusion of Sun- day or holiday. 1917E-939, 952. Improper argument of counsel, necessity of motion for new trial in order to obtain review. 1916A-559. Inconsistent proceedings with motion con- stituting waiver of right to move for new trial. 1914B-612. Limitation of issues, right of appellate court on granting new trial. 7-116; 1912D-593; 1917E-888. NEXT FRIEND NOLLE PROSEQUI. 617 NEW TRIAL Continued. Misconduct of jury, obligation of party moving to set aside verdict to show absence of acquiescence or participa- tion. 7-420. Necessity of motion in order to obtain review on appeal of evidence in jury cases. 4-304. Satisfaction of judgment, new trial there- after. 3-19. NEXT FRIEND. Amendment of pleading where next friend is not proper party to prose- cute suit. 1914A-947. Compromise of child's cause of action, right of next friend. 17-608. Costs, requiring security where next fr'end is not proper party to prose- cute suit. 1914A-946. Court's power in premises, where next friend not proper party to prosecute suit. 1914A-943. Dismissal of suit where next friend is not proper party to prosecute suit. 1914A-946. Infant attaining majority pending action instituted by next friend, effect. 1914A-604. Married woman, necessity for appoint- ment of next friend in action by in- fant married woman. 9-1116. Staying suit where next friend is not proper party to prosecute suit. 1914A-945. NEXT GENERAL ELEC- TION. Meaning of phrase in provision fixing term of public officer. 10-1140. NEXT OF KIN. Death by wrongful act, measure of dam- ages recoverable by collateral next of kin. 10-113. release by widow as affecting right of action by next of kin. 6-12. Privileged communications of decedent, right of next of kin to waive privi- lege. 10-1118; 1913A-100. NEXT OF KIN Continued. Wills, admissibility of parol evidence to explain "next of kin" as used therein. 1915B-50. Grandniece "niece." NIECES. as included 1913E-589. under term NIGHT WATCHMAN. Duty and liability of master. 1912C- 1036. NITROGLYCERINE. Keeping within municipal limits, validity of ordinance regulating. 1918E 148. Storage as nuisance. 1916C-823. NODS. Fact that dying declaration is made by acts or signs as affecting its admis- sibility. 1912B-231. NOISE. Amusements, noise arising from exercise of lawful amusement as nuisance. 1912B-430. Business, noise arising from exercise of lawful business as nuisance. 4-3S; 19-993 ; 1915B-1059. Horses frightened by noise of train or cars, liability of railroad company for personal injury caused. 3-1070; 10- 302; 1913B-294. liability for frightening horse on high- way by noise created in use of own premises. 1912C-461. Nuisance arising from noise, running of statute of limitations against action for damages. 10-186. NOLLE PROSEQUI. Entry as termination of proceeding suffi- cient to support action for malicious prosecution. 1915D-1164. Prosecuting attorney, right to enter nolle prosequi without consent of court. 1915D-1004. 618 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NOLO CONTENDEEE. Plea of nolo contenders. 1915B-1243. NOMINAL DAMAGES. See Damages. NOMINAL HOLDER. Eight of action thereon of nominal holder of bill or note. 1-833; 1917 A- 490. NOMINATIONS. Elections, certificates of nomination, filing thereof. 18-252; 1914A-1135. court interference with nominations. 21-296. irregular or fraudulent nomination as invalidating election. 7-839. signature by one person of more than one certificate of nomination for same office, effect. 1914C-893. Executors and administrators, right of person entitled to administer to nom- inate admrnistrator to exclusion of person next entitled. 1914A-1014. NONACCESS. Admissibility of testimony of married woman to prove nonaccess of hus- band. 15-764; 1917A-1031. NONASSESSABLE STOCK. Validity of agreement therefor between corporation and stockholder therefor. 1915A-821. NONCLAIM. Claim paid to creditor which is barred by statute of nonclaim, right to recover from creditor. 1915B-260. Exceptions to and interruptions of stat- utes of nonclaim. 3-576; 1916A-589. Institution of suit as sufficient presenta- tion of claim against decedent's es- tate to remove bar of nonclaim. 14- 931. NONEXPERTS. See Opinion Evidence. Drugs, admissibility of nonexpert opinion as to whether person was under in- fluence. 1913B-108. Handwriting of mere correspondent, com- petency of nonexpert to testify to. 8-1035. Intoxication, admissibility of nonexpert testimony to prove. 10-788; 1917C- 628. Measurements taken by nonexpert, ad- missibility in evidence. 18-1175. Speed of railroad train or street-car, com- petency of monexpert to testify. 1913A-187. NONFEASANCE. Corporations, liability to indictment for nonfeasance. 5-413. officers, criminal liability for corpora- tion's acts of nonfeasance. 8-3S3. NONINTOXICATING- LIQUORS. Constitutionality of statute declaring bev- erage intoxicating irrespective of its actual character. 8-52. License tax on business of selling, valid- ity of statute or ordinance imposing. 1914C-841. Regulation of alcoholic, spirituous, malt or vinous as including or excluding nonintoxicating liquors. 1917A-94. NONJUDICIAL DAYS. Validity of judicial acta performed. 5- 920. NON OBSTANTE VEREDICTO. Federal court, power to enter judgment non obstante veredicto. 1914D-1053. t i Motion for judgment non obstante as waiver of right to move for new trial. 1914B-614. power of court to go beyond pleadings in disposing of motion. 1913A-1023. NONOCCUPATIONAL DISEASES NONRESIDENTS. 619 NONOCCUPATIONAL DISEASES. Workmen's compensation, accident, non- occupational disease as. 1918B-325. "injury" or "personal injury," non- occupational disease as constituting. 1918B-362. NONPARTISAN BALLOT LAW. Validity of statute. 1915C-504, NONRESIDENTS. Alimony, liability of nonresident to de- cree in absence of personal service. 2-820. Attachment, foreign corporation, shares of nonresident as subject to attach- ment. 1915A-570. nonresidents' shares in corporation as subject to attachment at location of latter. 1912D-954. right to issue against foreign corpora- tion on ground of nonresidence. 1916E-S62. Attorneys, power to tax nonresident at- torney. 1912A-602. Automobiles, validity of inclusion or ex- clusion of nonresidents in. statute regulating use. 1917E-324. Bastardy proceedings, right of nonresi- dent mother to maintain. 18-574. Compromise of nonresident's cause of ac- tion, right of attorney to compromise. 21-583. Costs, personal liability of attorney for costs against nonresident. 21-879. Death by wrongful act, right of nonresi- dent alien to maintain action. 2-682; 9-1180. Divorce upon cross-petition of nonresident defendant, jurisdiction of court to grant. 9-1200. Execution, right of nonresident to claim exemption in absence of express re- striction in statute. 10-500. Executors or administrators, right of noa- resident to act as. 3-988; 1912A- 747; 1913B-1165. NONRESIDENTS Continued. Fishing privileges in waters of domestic state, right to exclude nonresident. 16-200. Garnishment, liability of individual non- resident. 3-1088. exemption, right of nonresident to claim in absence of express restric- tion in statute. 10-500. Hawkers and peddlers, discrimination against nonresidents, validity. 191SE- 114. Hunting license, validity of statute requir- ing higher fee from nonresident than paid by residents. 1918A-145. Inheritance tax, real property of nonresi- dent as subject to law of its situs. 1915A-171. Limitation of actions, exception of stat- ute as to absence from state as appli- cable to nonresidence at time of ac- crual of action. 1912D-469. Process, constructive service on nonresi- dent, validity of statute providing. 1914D-677. exemption of nonresident from service with civil process when within state as witness or party in civil or criminal proceedings. 6-337; 18-127; 1915D- 985. partnership, service of process on agent of nonresident partnership, validity of statute providing. 1916D-813. personal service of process procured by fraud or force, validity. 1916C-612. Eeceivers, nonresident creditors, rights of foreign receiver as against. 5-572. privileges accorded by comity to for- eign receivers. 5-570; 1913D-1296; 1916A-97. Setoff, equitable setoff as allowable on ground of nonresidence. 6-720; 19- 1042. Soliciting orders for intoxicating liquors, by nonresident, state regulation as interference with interstate com- merce. 10-736. Suits in domestic forum by nonresidents against foreign corporations. 2-210. Surety on bond required in judicial pro- ceedings, sufficiency of nonresident in absence of regulating statute. 1912C- 511. 620 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NONEESIDENTS Continued. Taxation, classification of nonresidents for tax purposes. 1-639. evidences of debt belonging to non- resident, right of state to tax. 11- 739. personal liability of nonresident for taxes on property within jurisdiction. 1913D-342. tangible personalty of nonresident tem- porarily in state, when taxable as not being in transit. 10-65. Usages and customs, nonresident as bound by local custom or usage. 19-945. mileage from residence to place of trial, right of nonresident witness. 7-163. right to mileage and per diem of wit- ness who is nonresident of county where trial is had. '10-397. Witnesses, depositions of nonresidents in criminal cases. 1916A-1083, 1102. Workmen's compensation, right of non- resident to recover under act. 1912D-862; 1918B-634. NONSUIT. See Dismissal and Nonsuit. NONSUPPORT. Criminal prosecution for failure to sup- port wife as barred by separation agreement. 1912D-1096. Cruel and unusual punishment for non- support of wife, what constitutes. 1918B-399. Divorce, nonsupport of wife having sepa- rate property or income as ground for divorce. 1916A-856. wife forced to leave home because of nonsupport as ground for divorce. 21-283. Infant's criminal liability for nonsupport of wife. 1914D-590. Validity of statute making it crime for husband to fail to support wife. 1912B-280. NONTRADING PARTNER- SHIP. Distinction between trading and non- trading partnerships. 1916A-206. NONTRANSFERABLE TICKETS. Injunction against buying and selling. 12-700; 1913B-475. NONUSER. Abandonment of railroad right of way as established by nonuser. 11-769. Eeligious societies, termination of exist- ence or dissolution by nonuser. 1918D-1057. Easements, forfeiture of easement of right of way by nonuse. 1917D-595. NORMALITY. Presumption that individuals are normal. 1913E-101. NORMAL SCHOOLS. Establishment as within general power of state to establish schools. 1912B- 1365. School funds, validity of expenditure for maintenance of normal school. 1917C- 921. What is normal school. 1912B-1354. NORTHWEST TERRITORY. Ordinance of 1787, effect on states carved out of Northwest Territory. 1915D- 942. Injury to nose 1916B-433. NOSE. adequacy of verdict. NOTARY PUBLIC. Acknowledgments, false or defective cer- tificate, liability of notary. 13-717. Attorney acting as notary or scrivener as constituting communications privi- leged. 1913A-14. Disqualification to take affidavit where notary is attorney for party taking oath. 6-37. Fees of notary, personal liability of at- torney for party. 1917B-524. NOTHING DUE NOTICE. G21 NOTARY PUBLIC Continued. Foreign, authentication of affidavits be- fore notary public. 1-544. Notary as municipal officer. 1914D-1234. Seals, effect of failure of officer to attach seal to document as required by law. 1914C-758. Stockholder or officer of corporation in- terested in instrument as disqualified to take acknowledgment thereof. 16-140; 1913D-373. Women, right of woman to be notary public. 6-285; 1917D-534. validity in foreign jurisdiction of ac- knowledgment before woman notary. 1914C-204. NOTHING DUE. Legal meaning of phrase. 1918E-791. NOTICE. 1. In General. A. GENERALLY. B. NECESSITY. C. SUFFICIENCY. D. EFFECT. E. LACK OF NOTICE. 2. Constructive Notice. 3. Imputed Notice. 4. Rights in Real Property. See Judicial Notice; Landlord and Tenant. 1. In General. A. GENERALLY. Agent or employee, knowledge of matters coming to knowledge before entering, or outside of scope of, employment, duty to disclose to principal or mas- ter. 1913E-819. Animals, diseased condition, knowledge by owner of as necessary to liability for communication of disease by them. 15-1002, 1004, 1006. viciousness of dog, knowledge of owner as to in action for personal injuries. 4-127; 20-72. Assignments, priority of assignees as de- pendent on notice to debtor. 17-442. NOTICE Continued. Attorneys, privileged communications, knowledge of facts by an attorney not derived from client, but in course of employment as privileged. 1913A-- 22. Bankruptcy, knowledge of agent of credi- tor of bankruptcy proceedings as af- fecting liability of discharged bank- rupt on claim omitted from schedule of debts. 1912A-549. Banks, national bank director's knowledge of excessiveness of loans as affect- ing personal liability for making. 1912B-651. Building contracts, right to rescind build- ing contract for delay as dependent on notice to complete. 1914D-286. Carriers of goods, time to present notice of claim, validity and effect of con- tract limiting. 9-17; 14-416; 1914 A- 231; 1918D-S17. Corporations, creditor's knowledge of un- paid character of stock as waiver of stockholder's liability. 10-90. Credit insurance, notice of loss under credit insurance contract. 1915A-668. Divorce, condonation as dependent on knowledge of act condoned. 1912C-6. Fire insurance, additional insurance, knowledge of insured as necessary to avoidance of fire insurance policy. 1912D-632. increase of risk, necessity of owner's knowledge of act. 10-1038. Foreign laws, presumption as to knowledge of. 1916D-1072. Fraud, scienter, necessity and sufficiency of allegation in action for false rep- resentations. 16-646. Fraudulent sales and conveyances, change of possession within rule as to fraud- ulent conveyances as affected by no- tice where vendee retains vendor in employ. 1912A-608. Incest, knowledge of relationship of par- ties as affecting crime. 4-569. Insurance, conditions in policy, waiver by insurer's knowledge of existing facts. 16-686. Knowledge of a person as provable by testimony of another. 21-1074. Lost property, knowledge as to ownership as constituting larceny in retention by finder. 20-1382. 622 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NOTICE Continued. Master and servant, assumption of risk by lineman as dependent on his knowledge of fact. 15-600. car-coupling apparatus, necessity that master have knowledge of defect to be liable to servant for resulting injury. 4-763; 21-86. knowledge by master of disregard of regulations as affecting servant's right to recover for injuries. 1912A- 90. latent danger, burden of proof of knowledge of employee. 11-116. 'minority of employee, knowledge of master as affecting his liability to parent for injuries to child. 1913C- 235. retention of servant in employ after master's knowledge of negligent acts as affecting master's liability. 1912C- S50. rules and regulations, knowledge by ser- vant as affecting servant's right of recovery for injury. 8-12; 10-153; 1912A-88. scientific fact of danger connected with employment, knowledge of servant as excusing master's failure to in- struct. 19-1156. Mechanics' liens, land owner's notice of nonresponsibiltty as affecting right to mechanic's lien for improvements made with consent but not at ex- pense of owner. 1916C-1136. notice of nonresponsibility as exonerat- ing owner for improvements made by another. 11-1088; 19-736. Railroads, knowledge of traveler that no train is due as relieving of duty to look and listen at railroad crossing. 9-217; 1914D-1075. track repairer's knowledge of danger and schedule of passing trains as af- fecting his contributory negligence for injury. 8-333. Eeceiving stolen property, guilty knowl- edge on part of one charged, neces- sity and sufficiency of proof. 15-899. Records, filing document constituting no- tice, delivery to officer when not at office as filing. 18-250. Reward, knowledge of offer as prerequi- site to right to reward. 1-285; 1915B-671. NOTICE Continued. Suretyship, right of surety to terminate relation by notice to obligee before breach of contract. 11-272. Telegraph company, duty of telegraph company to " notify sender of delay in transmission or delivery of mes- sage. 14-371; 1917C-545. notice of exemption from liability printed on telegraph blank as affect- ing addressee of message. 19-900; 1916A-1135. Trusts, knowledge of cestui que trust of creation of trust as essential to its validity. 12-167. use of descriptive term after signature of trustee as notice of trust relation. 16-843. Vendor and purchaser, vendee's right to specific performance against pur- chaser from vendor as affected by latter's notice or want of notice. 17- 1038. Wills, notice of probate, persons entitled to. 1914B-427. Workmen's compensation, notice of injury under act. 1917D-S67, 881, 8S3, 886; 1918C-1042. B. NECESSITY. Accident insurance, notice of accident within time required by terms of policy as condition precedent to re- covery. 14-292; 1914D-412. waiver of provision requiring notice to be given within certain time. 2- 116; 21-919; 1917A-114. Animal insurance, loss or injury to ani- mals, necessity of notice to support action on animal insurance policy. 1915A-623; 1917D-47. Appeal, parties entitled to notice of ap- peal. 13-181; 21-1277. Arbitration and award, rehearing before umpire in arbitration matters, neces- sity of notice. 16-558. Assignments, equitable assignment of por- tion of fund or debt, necessity of notice. 1912A-678. Assistance, writ of, necessity of notice to person in possession of application for writ. 1913D-1127. Attorneys, discharge of attorney as neces- sitating notice to him and third per- sons. 19-593. NOTICE. 623 NOTICE Continued. Automobile insurance, necessity of notice of accident to uphold recovery by au- tomobile owner on insurance against liability. 1915A-636. Beneficial associations, dues or assess- ments payable by member of benefit society, necessity of notice in order to render member delinquent. 1912D- 699. Bills and notes, acceptance of worthless check in payment as excuse for fail- ure to present and give notice of dis- honor. 1915B-155. bank receiving paper for collection, duty to protest same and give notice in absence of express instruction. 191SA-892. corporate paper, right of stockholder or officer indorsing bill or note to no- tice of dishonor. 1917B-836. dishonor of bill or note, necessity and time of giving notice to fix drawer's or indorser's liability. 12-450. protest of bill or note, giving notice in case of successive indorsers. 19156-1071. surety's liability, necessity of notice of dishonor of bill or note to fix. 6- 281. Bridge defects, necessity of notice to fix municipal liability. 15-844. Carrier of goods, necessity of notice to consignee for removal from premises of carrier. 21-532; 1918E-1115. Carriers of passengers, change of cars, duty of carrier to give passenger no- tice. 1917D-48S. necessity of personal notice of station of destination to passengers on trains. 2-677. Contract with United States, necessity of notice of annulment. 1918E-7. Covenants, necessity and sufficiency of no- tice to defend eviction in order to conclude covenantor of good title. 13-206; 1916E-148. Depositions, notice to take, necessity and sufficiency of naming witness. 1918A- 950. Drainage, hearing on petition for organi- zation of drninago district, necessity of notice. 1915C-17. NOTICE Continued. Eminent domain, assessment of damages in condemnation proceedings, neces- sity of notice to land owner. 4-903. validity of statute failing to provide for notice to land owner of proceed- ings to condemn (as distinguished from proceedings to fix compensation). 1913A-1256. Employers' Liability Act, injury under Employers' Liability Act, necessity, sufficiency and service of notice. 15- 292; 1912B-326; 1913D-835. Employers' liability insurance, notice of accident under policy, necessity and sufficiency of giving. 11-258; 1914A- 271. Excavations on one's own land, duty to notify adjoining land owner. 21-20. Execution sale, necessity of notice to ex- ecution plaintiff in proceeding to set aside sheriff's sale. 5-260. Gas company, notice as to escaping gas as affecting liability for injury caused. 1914C-346. Health insurance, notice of illness under policy, validity of provision requiring to be given within specified time. 15- 218. Injunction, necessity of notice of restrain- ing order. 1917B-126. Insane persons, necessity of notice to lunatic of inquisition of lunacy. 10- 216. notice and hearing as essential to due process of law in commitment of in- sane person. 1913C-324. Judicial sale, persons entitled to notice of vacation. 1914D-757. Landlord and tenant, repairs during term, necessity of notice by tenant to land- lord. 1912B-353. termination of lease under option there- for in instrument, necessity and suf- ficiency of notice. 1916B-312. transfer of reversion, right of grantee or assignee to rents as dependent on notice to tenant. 1916D-200. Licensee, right to notice on revocation of license. 7-715. Life insurance, necessity and sufficiency of notice of time of payment of life insurance premium xmder statutes re- quiring notice. 4-483. 624 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NOTICE Continued. payment of premium, necessity and suf- ficiency of notice of time in absence of statute or policy provision requir- ing notice. 10-687. Mortgages, power of sale, necessity of notice of intention to exercise. 11- 170. Municipal corporations, bond issues, ne- cessity of compliance with statutory requirements as to notice. 18-1137. mob violence, municipal liability as de- pendent on notice. 8-465; 1916A-326. Notice to municipality as prerequisite to action by plaintiff for claim for in- jury to wife or child. 1916E-560. sewer obstruction or defect, necessity of notice to render municipality liable for failure to remedy. 13-473. Process, necessity for personal service of notice in absence of express require- ment as to manner. 1915A-222. service of notice on public official in divorce suit, validity and construction of statute requiring. 1918D-1098. Publication, continuous publication, neces- sity under requirement of certain number of days' publication. 1912B- 1273. Public officer, necessity of notice to effect his summary removal. 19-920. right to notice before lemoval for cause of public officer holding for fixed term. 12-995; 1913D-1209. Receivers, application for appointment, ne- cessity of giving notice to adverse party. 1915C-897. certificates, necessity and sufficiency of notice of issuance. 1913C-46. Special assessment, right of mortgagee of property to notice of proceeding to levy. 1912D-536. Streets, necessity of notice to impose lia- bility on person bound by contract, statute, or ordinance to keep same in repair. 1913C-221. sidewalk, construction by municipality, necessity of prior notice to lot owner before construction by municipality. 3-676. written notice to municipality as con- dition precedent to liability, validity of law requiring. 16-172. Taxation, assessment of omitted property, right of taxpayer to notice. 12^68. NOTICE Continued. Written notice, necessity that notice re- quired or authorized by law be in writing. 1916E-1147. C. SUFFICIENCY. Alien enemy, sufficiency of notice of action against him. 1917C-212. Appeal from justice's court, sufficiency of notice with respect to description of judgment. 21-1309. Appeals, reasons of appeal, requirement of statement in equity case. 1914D- 522. Attorneys, lien on judgment, sufficiency of notice to judgment debtor. 12-343. Banks, memorandum on check as notice to bank. 1913B-1342. Bridges, facts constituting notice to mu- nicipality of defects therein. 15-845. Carrier of passengers, time limit on pas- senger tickets, sufficiency of notice. 6-121. Corporations, meeting of corporation or directors, sufficiency of notice. 1914D-862. special meeting of stockholders, suf- ficiency of contents of notice. 1917E 1004. waiver of notice as to stockholders' meeting. 1916E-1038. Covenants, sufficiency of notice to cove- nantor of good title to defend eviction, 13-208. Fire insurance, cancellation of policy, suf- ficiency of service of notice. 17-795; 1915A-1233. form and requisites of notice of can- cellation. 17-798; 1915A-1235. waiver by insured of provision in policy respecting notice of cancellation. 1915A-1236. Mechanic's lien, naming person against whose interest lien is claimed in cap- tion but not in body of statement of lien, sufficiency of notice. 20-1162. service of notice on agent of owner, suf- ficiency. 16-355. Municipal corporations, name and address of claimant against municipality, suf- ficiency of statutory notice with re- spect to. 1916E-722. NOTICE. 625 NOTICE Continued. officer to whom notice must be given of claim of injury against municipal- ity. 1913A-348; 1917D-962. time of accident, sufficiency of statutory notice of claim against municipality with respect to description thereof. 1918E-1026. Newspaper publication of statement as notice in absence of statute. 1913D- 224. Partnership, sufficiency of notice to former patrons of dissolution. 9-243; 1915 A 1104. Process, sending newspaper containing advertisement as valid service of notice. 1912D-1000. time of service as computed by exclu- sion or inclusion of Sunday or holiday. 1917E-935. / validity of notice served on holiday. 1916E-850. Publication, compelling particular news- paper to publish notice required by law, right to compel. 1916A-386. language in which publication required by statute should be made. 14-420; 1912B-632. single edition of newspaper as sufficient publication. 1917E-994. Sunday publication of notice, etc., va- lidity. 1916B-25, 48, 49. time as computed by exclusion or inclu- sion of Sunday or holiday. 1917E- 942. Streets, accident occurring in street or highway, sufficiency of statutory notice to municipality with respect to description of place of accident. 18 994. notice as provable by evidence of prior accidents at same place. 16-638. Suretyship, notice to creditor to sue prin- cipal, sufficiency as to form in order to discharge surety. 21-1367; 1916C- 632. Taxation, redemption from tax sale, suf- ficiency of notice with respect to statement as to expiration of time to redeem. 1917A-243. Telephonic communication of notice other than in judicial proceeding, validity. 1917B-906. Index to Notes 40 NOTICE Continued. D. EFFECT. Bills and notes, corporate accommodation paper, holder's notice of its character as affecting liability of corporation. 1913A-1316. dishonor of bill or note, effect of notice to part only of joint indorsers. 1912D-353. knowledge of failure or want of con- sideration of note at time of renewal as affecting estoppel to assert defense. 1916A-827. misstatement in notice of protest as to time of dishonor, effect. 12-375. purchaser of one of series of notes having notice of defenses against other notes as innocent purchaser. 9-340. Carrier of passengers, character of prop- erty checked as baggage, notice as affecting carrier's liability for loss of property not ordinarily regarded as such. 13-241. Covenantee against incumbrances, notice of existence of unexpired lease as af- fecting covenantor's liability for breach. 1914D-1177. Elections, death or ineligibility of can- didate, effect upon votes cast of voter's knowledge of fact. 1915B- 519. Executors and administrators, pledge of decedent's personalty to secure debt of t executor or administrator, notice of pledgee as affecting validity as against estate. 1912C-980. Judgment, priority of lien over unrecorded conveyance as affected by judgment creditor's notice of conveyance. 21- 867. Mortgages, priority of mortgage for fu- ture advances over subsequent incum- brance as affected by notice of latter. 1913C-557. Municipal corporations, bond issue in ex- cess of municipal debt limit notice thereof as affecting validity of bonds reciting otherwise. 17-1246. Neccssarias, tradesman's knowledge of sup- ply of necessaries or prohibition against purchase by wife, as affecting husband's liability. 1915A-8. Quitclaim grantee's notice of prior unre- corded conveyance as affecting pre- 626 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NOTICE Continued. cedence through prior record of quit- claim deed. 8-1097; 19-320. Ships and shipping, limitation of vessel owner's liability as affected by his knowledge or privity. 1913D-1228. Streets, defects, knowledge of municipality as affecting liability where statute makes municipality liable for failure to repair. 1913A-691. obstructions, municipal liability for sta- tionary obstruction as dependent on knowledge of existence. 10-680. traveler's knowledge of defect as im- posing duty to take different route. 6-32. Taxation, redemption from tax sale, effect of slight mistake in stating amount in notice. 19-967. E. LACK OF NOTICE. Carrier of goods, money transported by common carrier without knowledge, liability for loss. 4-770. Contracts, want of knowledge by one party of the Sunday execution of a contract as affecting its validity. 16-632. Covenants, effect on judgment of failure to notify covenantor of good title to defend eviction proceedings. 13-208. Elections, failure to give notice of va- cancy to be filled, effect. 1914C-595. primary elections, effect of failure to give notice. 1914C-598. Judicial sale, misnomer of party in notice of sale as alTecting validity. 1917B 1046. Master and servant, transfer of business, failure to give servant notice of trans- fer as affecting former master's lia- bility for injuries to servant. 1914A- 474. Suretyship, signing bond on condition that another surety be secured, liability as dependent on notice or want of notice of obligee. 1918D-512. Taxation, effect of failure to give taxpayer notice of assessment of omitted prop- erty. 12-468. 2. Constructive Notice. Corporations, constructive notice of unpaid character of corporate stock. 10-91. Fraud, record of instrument as construc- tive notice thereof. 1917A-267, 274. NOTICE Continued. Judicial sale purchaser as chargeable with notice of unrecorded instrument affecting title to property. 1915B-236. Eecordation, defective description of real property, record of instrument containing mistake as constructive notice. 1917B-785. delay in recording instrument, effect on rights of intervening purchaser with- out notice. 7-367. error in name of party in recorded in- strument, effect as constructive notice. 1915C-98. instrument out of line of title, record as constituting constructive notice. 18- 13. neglect of recording officer with regard to recordation as affecting operation of instrument as constructive notice. 4-561; 1913B-69. recorded instrument not entitled to re- cord, effectiveness as constructive notice. 1913B-1070. unrecorded deed as constructive notice. 1-761. Vendor and purchaser, extent of construc- tive notice to purchaser flowing from possession by tenant. 1913A-1214. 3. Imputed Notice Agency, knowledge of agent acquired before becoming such as imputable to principal. 1912D-95. Animals, servant's or agent's knowledge of viciousness as imputable to owner. 18-673; 20-74. Attorneys, notice to attorney as notice to client. 3-441. knowledge of corporation as imputable to officer thereof. 1915A-855. Corporations, imputability to corporation of notice to its officers where latter are engaged in independent acts in their own interests. 6-679; 1912C- 295; 1916B-328. officer's knowledge acquired as officer of other corporation as imputable to cor- poration. 1915A-861. Insurance agent, knowledge of agent im- putable' to company as affected by nature of agency. " 1913A-849. Master and servant, knowledge of servant acquired before becoming such as im- putable to master. 1912D-95. NOVATION NUISANCES. 627 NOTICE Continued. Streets, notice to polieeman of defect as sufficient to charge municipality. 1914B-168. 4. Bights In Beal Property. Adverse possession of railroad property, what constitutes notice to company. 1917A-1274. Improvements, knowledge of adverse claim as affecting right to compensation for improvements. 1916B-57, 65. Insane persons, sale of lunatic's real estate, notice as jurisdictional pre- requisite. 1912A-1077. Tenants in common, notice of adverse claim by cotenant as necessary to run- ning of limitation statute between tenants in common. 1913D-1312. NOVATION. Automobile insurance policy, novation by contract to repair damaged car. 1918B-1043. Release of original debtor, whether may be established by implication. 1912D- 508. Substitution of debtor, assent of creditor as essential to novation. 1914A-339. NOW. Meaning of term as describing leased premises. 15-881. NOXIOUS ODORS. Leased premises affected by, application of caveat emptor rule. 1-680. NOXIOUS WEEDS. Duty of land owner to destroy. 1913D- 432; 1917A-183. Permitting growth of noxious weed as waste. 1918D-543. NUISANCES. 1. Instrumentalities Productive of Nui- sances. 2. Injunction as Remedy. 3. Abatement and Damages. 4. Persons Entitled to Invoke Remedy. 5. Persona Liable. 6. Criminal Liability. 7. Defenses. 1. Instrumentalities Productive of Nui- sances. Animals, bees, keeping as nuisance. 1917B-691. breeding of animals as nuisance. 1916A- 571. dogs, barking dog as nuisance. 10-67. Attractive nuisance doctrine as applied to municipality. 1915C-286. cross-ties piled in street as attractive nuisance. 2-504. dangerous substances on premises, lia- 'bility of owner for injury to trespass- ing children. 5-503. jurisdictions in which doctrine of turn- table cases is approved or disapproved. 11-901, 990. pond, pool, well, etc., unguarded on prem- ises, liability of land owner for injury to trespassing child. 7-200; 11-990; 1913A-1032. standing railroad cars, attractive nui- sance doctrine as applicable. 1912D- 916. turntables, care required of railroad in operation of turntables in respect to children. 5-377; 15-651. Baseball as nuisance. 18-1094. Brick kiln as nuisance. 1917E-420. Cars overcrowded, act of carrier in per- mitting as constituting nuisance. 1918A-994. Cemeteries, equitable relief against ceme- tery as nuisance. 5-136; 20-794; 1917B-563. Coal mine, yard or the like as nuisance. 1915D-S41. Dead animals as constituting nuisance. 2-496. 628 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. NUISANCES Continued. Explosives, storage as nuisance, liability for injuries caused by explosion. 10- 456; 20-827; 1916C-820. Fence of unusual height, right of adjoin- ing owner to enjoin. 9-734; 1915A- 718. Fertilizer, place for storing or mixing as nuisance. 1917D-1152. Fish market as constituting nuisance. 15- 105. Fruit-stand or similar structure on public highway as nuisance. 1916D-773. Garbage, deposit by municipality as nui- sance. 1915A-139. individual depositing on own premises, liability as for nuisance. 1915A-132. Gasoline or other explosive, storage as nui- sance. 1916C-820. Gasworks as nuisance. 21-1249; 1915D- 779. Hitching rack or post as nuisance. 1916A-101. Hospital or asylum as nuisance. 1916A- 126. municipal hospital for contagious dis- eases as nuisance. 6-823. private hospital or sanitarium for con- tagious or infectious diseases, injunc- tion against as nuisance. 15-719; 1912B-1131. Intoxicating liquors, sale as public nui- sance per se. 14-36. Jail as nuisance. 1913E-860. Lavatory, public lavatory in street as con- stituting nuisance. 1918D-906. Noise arising from exercise of lawful busi- ness or amusement as nuisance. 4 378; 19-993; 1912B-428; 1915B-1059. Obstruction of street by assembling of crowd attracted by exhibition or en- tertainment as nuisance. 1916B-971. Oil kept on lands, liability for injury re- sulting from escape. 10-868. storage as nuisance. 1916C-821. Poolroom or turf exchange as nuisance. 1915C-1033. Power-house of electric light or power company as nuisance. 8-567. Privies, validity of statute or ordinance regulating out-of-door closets or privies. 1916D-212. NUISANCES Continued. Pumping water, oil or like from mine or well and permitting flow on to adjoin- ing land, liability of mine or land owner. 1914D-70. Reformatory as nuisance. 1913E-858. Eeservoir, artificial reservoir as nuisance rendering owner liable for damages caused by percolation of water. 5- 681; 13-219. Shade trees as constituting nuisance. 1- 785. Showcase or other attraction in front of building as nuisance. 1913D-1212. Skating-rink as nuisance. 19-104. Smoke, burning soft coal as nuisance. 12- 846; 1912B-1036. Stable as nuisance, equitable relief against. 14-894; 1913B-894. Statutes relating to nuisances, effect of partial invalidity. 1916D-77. Tobacco factory or establishment as nui- sance. 20-732. Undertaking establishment as nuisance. 1912B-1208. Waterworks of municipality as nuisance. 14-1011. 2. Injunction as Remedy. Cemeteries, equitable relief against as nui- sances. 5-136; 20-794. Criminality of act no objection to remedy by injunction. 1-39. Damages, award in action to enjoin nui- sance. 1912A-805. Fences, right to enjoin adjoining land owner from maliciously erecting or maintaining fence of unusual height. 9-734; 1915B-718. Gasworks, injunction against as nuisance. 21-1253. Hospitals, injunction against private hos- pital or sanitarium for contagious or infectious diseases. 15-719; 1912B- 1131. Pollution of stream by municipal discharge of sewage, right of lower riparian proprietor to enjoin. 1915A-983. Private nuisance which is also crime, right of state to enjoin. 1916C 455. NUISANCES. 629 NUISANCES Continued. Public nuisance which is also crime, right of state to enjoin. 13-794; 1914A- 440; 1916D-788. Stables, equitable relief against as nui- sances. 14-894; 1913B-894. Suits by private citizens, to enjoin nui- sances. 1-38; 17-1128. Territorial scope of injunction against liquor nuisance. 1915C-1128. Threatened or apprehended nuisance, in- junction to restrain. 2-250; 20-933. 3. Abatement and Damages. Animals running at large, abatement by distraint and sale. 1-994. hogs within corporate limits, power of municipality to abate. 9-179. Bawdy-house, forfeiture of property on abatement. 1915D-552. Billboards, right to abate as nuisance. 2- 897. Intoxicating liquors, abatement of manu- facture and sale. 2-245. Jury trial as to existence of and damages for nuisance, right to. 3-1043. Malicious prosecution, institution of pro- ceedings to abate nuisance as ground for action. 1916E-493. Sewers, power of court to abate by com- pelling municipality to remove or !!._ miTtr* ono alter. 1917E-308. Summary destruction of private property in abating nuisance. 1-345. Venue of civil action to abate nuisance. 1913E-1272. NUISANCES Continued. State, act which is both public nuisance and crime, righfc of state to abate. 13-794; 1914A-440. city street, right of state to enjoin or abate nuisance therein. 16-486. Watercourses, obstruction of navigable stream, right of private citizen to maintain action to abate. 1913E- 51. 5. Persons Liable. Continuing nuisance, liability of pur- chaser of property. 13-108. Landlord and tenant, constructive evic- tion resulting from nuisance on leased premises. 7-598; 19-691. criminal liability of owner of premises for nuisance existing thereon. 14- 210. third person's liability to landlord for maintenance of nuisance. 1912D-126. Municipality, liability for failure to abate nuisance. 1-964. 6. Criminal Liability. Corporation, criminal liability for nui- sance. 1916C-463. Indictment for public nuisance, construc- tion of statute prescribing form. 1918C-563. Municipal corporation, criminal liability for maintaining or failing to abate nuisance. 1-964; 1913D-303. Owner of premises in possession of ten- ant, criminal liability for nuisance existing thereon. 14-210. 4. Persons Entitled to Invoke Remedy. Action by other than property owner for damages by nuisance. 1-272. Existence of nuisance at commencement of tenancy, right of landlord to recover damages caused to premises. 6-150. Obstruction of highway, abatement of nui- sance, right of private individual for obstruction preventing or interfering with access to his property. 11-287. damages for nuisance, right of private citizen to recover. 1914C-1128. Private citizen, right to enjoin nuisance. 1-38; 17-1128. 7. Defenses. Acquiescence in or consent to erection of structure as precluding objection thereto as nuisance. 1916C-1235. Contributory wrong of plaintiff as pre- cluding recovery of damages for nui- sance. 11-134. Existence of other nuisances producing similar results as defense to pro- ceeding for maintenance of nuisance. 12-909. Legalization of nuisances injuriously af- fecting private property. 1-625; 13- 583. 630 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. NUISANCES Continued. Limitation against action for damages for nuisance, /running of statute. 10-184. Prescriptive right to maintain public nuisance. 17-789. pollution of watercourse. 3-24; 1912C- 182. NUMBER. House or room number, sufficiency of in- dictment for burglary with respect to description of building thereby. 1913D-876. NUMBER PLATES. Municipal regulation of automobile num- ber plates. 1916E-1048. NUNC PRO TUNG ORDERS. Judgments, amendment of judgment by order nune pro tune. 1915A-522. entry of judgment by order nunc pro tune. 1915D-685, 692. Eecords, amendment by order nune pro tune. 1915D-681, 692. NUNCUPATIVE WILLS. Attempt to make formal will as con- stituting nuncupative will. 1917D- 608. NUNCUPATIVE WILLS Continued. Property which may pass under. 1912C- 646. Bogatio testium, necessity and sufficiency of proof to establish nuncupative will. 10-1132. Time of making, statutory restrictions as to. 3-317; 14-1164. NURSERY STOCK. Implied warranty on sale. 1913E-93. Measure of damages recoverable by ven- dee for anticipatory breach of con- tract of sale for future delivery. 1913C-765. NURSES. Gratuitous nursing services, recovery under Workmen's Compensation Act. 1915B-855. value of nursing rendered gratuitously as element of damages for personal injuries. 1914D-926. Nursing as practice of medicine. 1918E- 687. State regulation of practice of nursing. 1917-168. OATHS. O Attorney making oath for party to pro- ceeding, sufficiency. 7-49. Form prescribed by law, failure to com- ply with exact form as affecting binding character of oath. 5-723. Information filed by prosecuting attor- ney, necessity of oath. 7-983. Jury, failure of record to show that jury were sworn as ground for reversal. 8-750; 17-178. Notary public, disqualification to admin- ister oath where he is attorney for party taking oath. 6-37. OATHS Continued. Perjury, form of oath as affecting crime. 1914B-595; 1916A-497. necessary allegations of indictment as to administration of oath. 9-765. Public officers, official oath as criterion whether position held is office or em- ployment. 17-456. Telephonic administration of oath, va- lidity. 1917B-905. Witnesses, effect of failure to swear wit- ness. 4-1023; 6-57; 1912D-572. infant as witness, necessity of knowl- edge of obligation of oath. 14-4. OBJECTIONS AND EXCEPTIONS OBSCENITY. 631 OBJECTIONS AND EXCEP- TIONS. Amicus curiae, power to take exception. 1915A-197. Argument of counsel, necessity and suffi- ciency of objections. 1916A-551. Depositions, right to raise on subsequent trial objections not made on first trial. 1913B-1057. Evidence, failure to object to admission at former trial as precluding objec- tion on subsequent trial. 19-1279. Infant's right to complain in appellate court of error not objected to in trial court. 1913B-443. Instructions not excepted to as law of case on appeal. 1913D-300. necessity for objection in addition to exception in order to save giving of instruction for review. 1912B-1231. Judicial notice, right to raise question for first time on appeal. 1914D-196. Misconduct of juror, failure to raise until after verdict as affecting right to new trial. 1912A-223. Pleading, inconsistent defenses, method of objecting thereto. 1917C-743. sufficiency of complaint, right to ques- tion for first time on appeal. 3-545. --verification, necessity and timeliness of objection with respect to absence of verification. 1918D-440. Prohibition, objection to jurisdiction of inferior court as prerequisite to issu- ance of writ. 21-167. Testimony admitted over objection with question reserved, effect of failure to move to strike out. 1912C-711. Waiver of exception to denial of appli- cation to take case from jury by sub- sequent introduction of evidence. 14-222; 1914A-146. OBLIGATION OF CON- TRACTS. Exemption from execution, statute ex- tending as impairing obligation of contract. 1912B-259. Fires, statute making railroad absolutely liable for damage by fire as impair- ing obligation of contract. 16-943. OBLIGATION OF CONTRACTS Con- tinued. Impairment by judicial decision. 4-93; 9-1121; 1915C-578. Municipal corporations, repeal or modifi- cation of statute affecting corpora- tion as impairment of obligation of contract between state and munici- pality. 4-794. Ordinance granting privilege, impairment thereof as impairment of contract obligation. 3-88; 6-601; 1915A-899. Prohibiting revival of judgments as im- pairment of obligation. 3-1148. Eemoval of causes, statute prohibiting foreign corporation from removing action against it to federal court as impairing obligation of contract. 19120-1161. State contract, power of state to annul by legislative act. 1915B-137. Telegraph companies, statute permitting recovery of damages for mental an- guish as impairment of contractual obligation. 1913C-868. OBSCENITY. Advertisement, statutes prohibiting ob- scene advertising. 1916A-902, 931. Breach of peace, language constituting. 1917C-889. Corporation, criminal liability for mailing obscene matter. 1916C-465. Cruel and unusual punishment for ob- scenity, what is. 19-730. Express companies, statute regulating, sending of obscene matter by ex- press as violating constitutional liberty of speech and press. 1915B- 1186. Indictment, construction of statute pre- scribing form for obscenity. 1918C 561. sufficiency of description of obscene matter in indictment or information for publishing, distributing or mail- ing same. 9-47. Inducement to sell obscene matter with view to prosecution as constituting defense to such prosecution. 17-298; 1916C-734. Information regarding obtaining obscene matter, criminal liability for giving. 7-255. 632 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. OBSCENITY Continued. "Knowingly" mailing or distributing ob- scene matter. 1912A-434. Liberty of speech and press, constitu- tional guaranty as protecting publi- cation of immoral matters. 15-9; 1915B-1186. Obscene publication, what constitutes within prohibitory statute. 11-306. Postoffice, necessity of deposit in mail to constitute offense of using mails to disseminate obscene matter. 7- 255. prohibition against sending obscene matter by mail as infringing liberty of press. 1915B-1186. Reports of court proceedings, publication as within statute against obscenity. 16-764. OBSTETRICS. Practice as practice of medicine. 13- 571. OBSTRUCTING JUSTICE. Attempt made in good faith to dissuade witness from testifying as criminal offense. 13-579. Conspiracy to obstruct justice, sufficiency of indictment as to allegations of object and means of accomplishing. 21-45. Contempt, obstructing or delaying service or execution of process as contempt. 1913A-909. Liberty of speech or of press as authoriz- ing obstruction of justice. 15-6. constitutional guaranty as affording im- munity from punishment for obstruc- tion of justice. 1915B-1184. Preventing person not subpoenaed from appearing as witness, criminality. 1912C-517. Resisting officer, what constitutes offense. 17-401; 1914B-813. OBSTRUCTIONS. See Streets and Highways. Ancient lights, measure of damages for obstructing. 1913A-741. OBSTRUCTIONS Continued. Carriers of passengers, collision with ob- struction as raising presumption of negligence on part of carrier. 1917C- 642. liability for injuries to passenger caused by obstruction placed on track by third person. 11-856. Irrigation ditch, right of user of water to damages for obstruction. 1913E- 106. Waters and watercourses, abatement of nuisance caused by obstruction of navigable stream, right of private citizen to maintain action. 191 3E- 51. criminal liability of corporation for obstruction of public waterway. 1916C-463. i duty of one obstructing natural water- course to anticipate extraordinary freshets or floods. 8-777; 1918A- 1114. liability of municipality for injury re- sulting from obstruction of navigable waters within municipal borders. 1915C-117. OCCUPANCY. Actual residence as requisite to occu- pancy of land. 20-830. Fire insurance, construction of vacancy clause in policy issued upon rented property. 9-95; 1917B-669. revival of policy by occupancy after vacancy. 9-55; 1916C-770. Homestead, widow's failure to occupy as affecting her rights therein. 12-786. Tenant in common, nature of occupancy as affecting liability to account to cotenant. 18-1084. OCCUPATIONAL DISEASE. .Workmen's compensation, "accident" under act as including occupational disease. 2-140; 15-886; 1913A-1121; 1918B-335. "injury" or personal injury under act as including occupational disease. 1915C-921; 1916D-694; 1918B-366. OCCUPATIONS OFFERS. 633 OCCUPATIONS. Beneficial associations, amendment of by- law changing right to engage in cer- tain occupations as impairment of vested rights of member. 1913C-681. engaging in prohibited occupation, waiver of forfeiture of certificate. 12-641; 1918D-310. misrepresentation as to occupation, waiver of forfeiture of benefit cer- tificate. 12-640; 1918D-308. Character of occupation as test of inde- pendence of contractor. 19-20. Conspiracy to injure person in occupa- tion or business, sufficiency of alle- gations of indictment. 21-44. Life insurance, engaging in prohibited occupation as avoidance of policy where death results from other causes. 1912D-491. what constitutes breach of condition relating to occupation of insured. 7-568; 1916B-739. Nuisance caused by noise arising from lawful business or occupation. 4- 378; 19-993; 1915B-1059. Poll tax exemption of persons engaged in certain occupations. 12-318. Private detectives, nature of occupation. 1917A-584. Sunday laws as directed against par- ticular occupations. 1-93; 10-1016; 14-141; 1915C-200; 1918E-1170. What occupations embraced under term "trade." 1916A-1198. Workmen's compensation, employments within purview of act. 1917D-4. OCCUPATION TAXES. See Licenses. OCCUPIED. Meaning of term "unoccupied" or "oc- cupied" as used with reference to building in fire insurance policy. 1912D-82. OCULISTS. Special regulation of persons treating ocular diseases. 1917B-803. Statutes regulating practice of medicine as applicable to oculists or opticians. 9-203. ODOR. Noxious odor affecting leased premises, application of caveat emptor rule. 1-680. Testimony of witness as to odor. 736. 1914B- OFFENSIVE LANGUAGE. Divorce, offensive language as cruelty warranting divorce. 1918B-485. Language constituting breach of peace or disorderly conduct. 1917C-S89. OFFER AND ACCEPT- ANCE. Frauds, statute of, buyer's act in selling or offering to sell goods as sufficient acceptance to satisfy statute. 1913B- 275. written acceptance of written offer, necessity to constitute sufficient memorandum under statute of frauds. 1913A-1041. Insurance, consummation of contract as arising from offer and acceptance. 1916B-677. Sales, acceptance of offer once rejected as consummating contract of sale. 1917C-987. OFFERS. Compromise, admissibility of statement of fact made in connection with offer of compromise. 1918E-439, 456. Criminal law, accused's offer promise as admissible in offer to settle with defense to prosecution. of com- evidence. 16-^58. embezzlement, owner as 1916C-66. larceny, offer to settle with owner as defense to prosecution. 1916C-68. Evidence, power of amicus curiae to make offer of evidence. 1915A-196. Guaranty, what constitutes offer. 15- 1166. Rewards, knowledge of offer as prerequi- site to right of reward. 1-285; 1915B-671. 634 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. OFFERS Continued. Value, corporate stock, price offered for purchase as evidence of value where it has no market value. 1915C-66. eminent domain proceedings, offer to purchase by third person as evidence of value of property taken. 5-971. OFFICE. Distinction between office and employ- ment. 17-451; 1917D-319. Indictment for burglary of office, suffi- ciency with respect to description of office. 1913I>-871. OFFICER OF THE REVENUE. Legal meaning of phrase. 1918B-220. OFFICERS. See Banks and Banking; Corporations; Municipal Corporations; Public Offi- cers; Sheriffs and Constables. OFFICIAL BONDS. See Public Officers. OFFSPRING. Loss of unborn child as element of dam- ages in action for personal injuries to woman. 19-2>66. OIL. "Dealer," person selling' oil as dealer. 1917A-959. Escape of oil causing injury, liability of one keeping oil on his lands. 10 868. Explosives, use of kerosene or similar substance kindling fire as nuisance. 1912A-630. Gasoline or other explosives, storage as nuisance. 1916C-S20. Mining lease, power of executor to make. 1-406. covenant for diligent prosecution of work in oil lease. 20-1165, 1168; 1917E-1120. Petroleum as mineral. 20-937; 1913B- 1214. OIL Continued. Public lands, withdrawal from settlement where occupied for oil or gas ex- ploration. 1918C-1009. Pumping from mine or well and per- mitting to flow on adjoining land, liability of mine or well owner. 1914D-70. Regulation as to keeping oil within mu- nicipal limits, validity of ordinance. 1918IM.46. "Require," legal meaning in statute re- lating to payment of oil inspectors. 1912A-1239. Sale of petroleum products, statutory regulation. 18-783; 1917A-167. Storage or keeping of oils as subject to injunction as nuisance. 14-595; 1916C-821. Trademark or trade name for oil as in- fringed by similar name. 1915B- 341. Waste of petroleum by private owner, constitutionality of legislation to prevent. 1912C-165. O.K. Meaning of term "0. K." 1915C-197. OLEOMARGARINE. Dealer, person 1917A-959. selling as "dealer. Manufacture or sale, constitutionality ov state statutes regulating. 2-451; 17- 1100; 1913E-413. OMISSIONS. Acknowledgments, effect of omission of name of grantor or mortgagor from certificate. 2-990. Award of arbitrators or referees, omis- sions therein as ground for im- peachment. 1918C-987. Bonds, right to fill in omitted name of obligee. 1915A-409. Codes and revisions omitting statute as implied repeal thereof. 5-203. Deeds, grantee's name omitted, right to fill in. 1912A-538; 1914D-390. ON OR ABOUT OPINIONS. 635 OMISSIONS Continued. grantor's name omitted from body of deed, effect. 12-203; 1912C-io50; 1916E-521. Dollar-mark, effect of omission in ex- pressing money by figures. 1915C- 335; 1916B-542. Indictment and information, effect of omission of word "did." 7-46. Statutes, omission of enacting clause, effect. 1916A-520. Taxation, contract to search for omitted property, power of county to make. 4-140; 11-487. notice of assessment of omitted prop- erty, right of taxpayer. 12-468. Verdicts, absence of words as affecting validity. 16-475. ON OR ABOUT. Sufficiency of allegation and proof with respect to time of personal injury in action therefor. 1916A-217. ON OR BEFORE. Construction of phrase. 1913A-253. OPEN AND CLOSE. Denial of right, effect. 1912D-251. Eight where only issue is amount plain- tiff is entitled to recover. 1916D- 958. OPENINGS. Coal-hole in sidewalk, legal liability for injury to pedestrian. 19-466; 1917D- 494. Elevator shaft, contributory negligence precluding recovery for injury to in- tending passenger by fall down shaft. 1914C-578. Stores, liability of proprietor to cus- tomer for injuries sustained by fall- ing into opening in storeroom. 1913C-568. OPERA-HOUSES. Power of city to conduct. 1915A-75S. OPERA SINGERS. Contracts for services. 1914B-5. OPERATIONS. Consent as affecting right to perform surgical operation. 5-306; 8-196; 1916C-1105. Failure of physician to make test before operation as malpractice. 191SA-883. Eefusal to submit to operation as affecting right to compensation under Work- men's Compensation Act. 1915D-482. OPIATES. Excessive use as intoxication. 1913E- 1105. OPINION EVIDENCE. See Evidence. OPINIONS. Attorney general, weight and effect of opinion. 1913C-1307. Courts, advisory opinion by appellate judges, force and effect. 1917A-495. opinions as evidence of law or fact. 19-404. weight and effect of opinion when not officially reported. 11-1107. Dying declaration, opinion of declarant as admissible. 1913E-228. Fraud, opinion on question of law by party to contract for sale of land as sufficient basis to support charge of fraud. 1913B-1143. statement of opinion as to future profits as ground for action for fraud. 1916D-1040. Life insurance, effect on policy of incor- rect opinion answer made in good faith in medical examination. 8- 1156. Municipal ordinances, opinions of mem- bers of council as aid to interpreta- tion. 1917B-829. Rescission of contract, statement of opin- ion as to future profits as ground for action. 1916D-1040. Witness, former expression of opinion as proper matter to be shown to dis- credit witness. 1914B-112. 636 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. OPIUM. Federal regulation of manufacture, sale or possession, validity and construction of act. 1917D-856. Illegal sale on leased premises as forfeiting tenant's rights under lease. 1913C- 1356. Intoxication as arising from excessive use of opiates. 1913E-1105. OPTICIANS. See Oculists. OPTIONS. Assignment of option to purchase land, right of. 1914B-1228. right of assignee of lease to enforce tenant's option to purchase. 5-914. "Assigns," meaning of term as applied to options. 1912A-1120. Brokers, option to purchase given broker, rights of parties to contract employ- ing broker to find purchaser. 1914D- 1205. power to option not included within power to sell. 2-423; 1914C-366. Destruction or injury of premises as af- fecting rights of parties under op- tional contract for purchase of land. 1913A-1295. Equitable conversion, doctrine as applica- ble to optional contract for purchase of land. 1913D-67. Executors and administrators, exercise by personal representative of option given by decedent as creating in- dividual liability of former. 1-770. power of executor to give option for sale of testator's realty. 1916D-451. Incumbrance not provided for in optional contract for purchase of land, rights of parties. 1913E-923. Landlord and tenant, renewal of lease, holding over by tenant under lease giving option of renewal as exercise of option. 6-341; 19-399; 1915D-252. termination at option of one or both par- ties, construction of provision. 1916B- 306; 1917E-523. Lease containing option to purchase, effect on option of taking new lease. 1915A-357. ' validity of stipulation in lease giving, lessee option to purchase. 15-380. OPTIONS Continued. Perpetuities, rule against as violated by option to purchase realty. 1916D-577. Sale or assignment of option to purchase land, right of. 1914B-1228. Specific performance of optional contracts. 1-990; 12-90; 1913A-362. OR. Construction of "or" as "and" in statute or ordinance. 1913A-1062. Wills, construction of "or as "and." 19- 992; 1917C-306. ORAL CONTRACTS. Arbitration and award, validity of parol submission. 1913D-199. Banks, payment or transfer of deposit in bank by oral order. 6-632. Bills and notes, validity and enforceability of parol extension of time for payment of note. 1914A-103. Guaranty, validity of oral guaranty by transferrer of negotiable instrument. 2-500. Intention of parties to contract not re- duced to writing as question for jury. 1913C-1310. Trusts, constructive trust arising from oral agreement to hold in trust or re- convey lands conveyed under influence -, of confidential relations. 2-777. oral promise by beneficiary in life in- surance policy to pay proceeds to third person as enforceable trust. 14-872'. parol agreement made with person in- terested in land that promisor will buy in land at judicial sale and hold for benefit of promisee as implied trust en- forceable in equity. 5-173; 12-542. Written contract, supplementing by proof of collateral oral agreement. 1914A- 454. ORAL TESTIMONY. See Evidence. OR BEARER. Addition or substitution of words as mate- rial alteration of instrument. 1917C- 1177. ORCHARDS OSTEOPATHISTS. 637 ORCHARDS. Changing meadow into orchard as waste. 1918D-545. ORDERS. See Appeal and Error; Appearance; Assign- ments for Creditors; Eminent Domain; Judgments and Decrees; Master and Servant; New Trial; Public Service Commission. Army and navy, orders of military superior as defense to civil or criminal liability of soldier or militiaman. 1917C-12, 32. Courts, telephonic transmission of order of court, validity. 1917B-903. what constitutes order of court. 1917C- 1041. Ex parte orders, right of court to make without formally instituting action. 1913B-104. Forgery, order for goods as subject of. 1914C-469. Interlocutory order for payment of money as enforceable by execution. 1912D- 178. Lost or destroyed order, proof of contents by parol. 1916D-254. State taxation of business of taking or&ers for foreign goods as attempted regu- lation of interstate commerce. 2-699; 14-865; 1916B-496. Store orders, constitutionality of acts re- lating to. 1-417. ORDINARY REVENUE, Legal meaning of phrase. 1918B-208. ORGANIZERS. Public entertainment not given for profit, liability of promoter for personal in- juries. 1917E-238. ORIGINAL ENTRY. What constitutes in books of account. 2 842. ORIGINAL PACKAGES. Burden of proof as to sale in original package in prosecution for illegal sale of intoxicating liquors. 1913C-638. What constitutes "original package" as ap- plied to interstate shipments. 12- 1116; 1912C-678. ORNAMENTS. Exemption of wearing apparel as includ- ing ornaments. 15-160. OR ORDER. Addition or substitution of words, as mate- rial alteration of instrument. 1917C- 1177. ORDINANCE OF 1787. Effect on states carved out of Northwest Territory. 1915D-942. ORDINANCES. See Municipal Corporations. ORDINARY. Meaning as applied to high and low water mark. 17-149. ORDINARY CARE. Instruction denning as that which a person of reasonable prudence "would use in his own affairs, about his own business, in preventing personal injury to him- solf," propriety of instruction. 1914B- 1024. ORPHAN ASYLUMS. Exemption from taxation. 1912A-354. Municipal power to take property as trus- tee for purpose. 17-748. Orphan asylum as school. 1912B-1356. School funds, validity of expenditure of funds for maintenance of orphan asylum. 1917C-924. OSTEOPATHISTS. Discriminatory regulation of osteopathists. 1-19. Malpractice, admissibility of evidence by practitioners of other schools. 1-21. Osteopathy as a medical or surgical pro- fession. 1-51. Special regulation of osteopathy, validity. 1917B-798. 638 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. OTHER CAUSES. Judicial notice of proceedings in other causes. 12-537; 1913A-140; 1915B- 651. OTHER OFFENSES. Arson, proof of other crimes. 1915D-174. Bribery, proof of other crimes. 15-195; 1915D-181. Burglary, proof of other burglaries. 16- 669. Convicted prisoner, right to have finally disposed of in passing sentence other offenses pending against him. 20-873. Embezzlement, proof of other offenses and similar acts. 11-816. False pretenses, admissibility of evidence of similar transactions. 10-906; 17- 464. Forgery, proof of other forgeries. 9-456; 1912C-91. Intoxicating liquors, proof of other offenses in prosecution for violation of liquor law. 18-846. Kidnaping, proof of similar crimes. 14- 693. Eape, admissibility of evidence of other crimes. 8-459; 18-442; 1915D-164. Eeceiving stolen goods, admissibility of evidence of possession of other stolen goods. 6^916; 1913D-166; 1915C-92. OTHER PERSONS. Who included in term in statute against fraudulent conveyances. 1912A-1156. OTHERS. Who is included in term as used in statute against fraudulent conveyances. 1912A-1156. OTHER THING. Legal meaning of phrase. 1915A-29. OTHERWISE. Legal meaning of term. 1916C-644. OUT-BUILDING. Meaning of term. 1912D-1193. OUTHOUSE. Meaning of term. 1912D-1193. OUT-OF-DOOR CLOSETS. Validity of statute or ordinance regulating. 1916D-212. OUTSTANDING TITLE. Adverse possession, offer to purchase or purchase of outstanding title by per- son in possession of land as affecting adverse character of possession. 1912C-955; 1917B-996. Tenancy in common, rule preventing ten- ant from purchasing outstanding title as applicable where tenants hold ad- versely to each other. 1916D-1307. OVERCHARGES. Interstate shipment of freight, jurisdiction of state court of action to recover overcharges. 1913D-272. OVERCROWDING CARS. Act of carrier in permitting ears to b overcrowded as constituting nuisance. 1918A-994. OVERDRAFT. Eight of bank to recover money paid by mistake. 1912D-494. OVER-EXERTION. Workmen's compensation, disease arising from over-exertion as accident. 1918B- 330. OVERFLOW. Embankment by riparian proprietor against overflow from stream to injury of other proprietors. 4-718. Overflow from watercourse as surface water. 3-208. OVERHANGING TKEES OWNERS OF LAND. 639 OVERHANGING TREES. Rights of adjoining land owners with re- spect to tree on or overhanging boun- dary line. 1918B-1157. OVERHEARD CONVERSA- TION. Libel and slander, privilege of communica- tion within law of slander as affected by fact that conversation is overheard by third person. 1917E-699. Witnesses, right of person overhearing privileged communication to testify thereto. 10-178; 1918A-441. OVERHEATING. Overheating as fire within fire insurance policy. 17-1125; 1916D-228. OVERISSUES. Stock certificates, rights inter se of corpo- rations and bona fide purchasers. '5- 251. OVERPAYMENT. Recovery back of excess freight charges exacted by carrier. 1915B-1212. OVERT ACT. Necessity for averring in indictment for attempt to commit crime. 7-140. OVERWORKED SERVANT. Injuries caused by servant, liability of master. 14-120. Liability of master for injuries received by servant. 7-191; 18-844. OWELTY. Partition, owelty of. 1914A-650. OWNER. Intoxicating liquors, who is "owner" un- der statute providing for consent or remonstrance of property owners to issuance of license. 16-1229. Ships and shipping, construction of term "owner" in statute limiting liability of owner of vessel. 11-32. Tenant for years as included in term "owner." 1912A-316. OWNERSHIP. Animals, brands as evidence of ownership. 12-414; 18-544; 1913E-133. offspring of breeding animals, ownership of. 1916A-584. Arson, ownership of property burned as af- fecting crime. 1-621; 1912A-1126. Automobiles, conclusiveness of license reg- istry. 1918E-737. license number on motor vehicle as evi- dence of ownership. 1916D-1163. Evidence of ownership, name on property as evidence. 1915D-353. opinion of witness as to ownership of personalty, admissibility of direct opinion. 8-832; 1912C-664; 1916D- 289. Freehold status as determined by bona fides of land ownership. 1913D-331. Larceny, declarations as to ownership made by person accused prior to being suspected, admissibility. 2-303. mistaken belief as to ownership, burden of proof. 2-192. taking property under mistaken belief as to ownership and afterward convert- ing to own use as larceny. 1912B-340. Robbery, property taken from person other than owner as constituting crime. - 264. taking one's own property, or property believed to be one's own, as robbery. 13-775. Tender of money into court, ownership. 7-97. Wild animals, state and private ownership. 1917B-949. OWNERS OF LAND. 1. In General. 2. Rights of Owner. 3. Duties and Liabilities. A. GENERALLY. B. CONDITION OF PREMISES. C. INJURIES ON ADJOINING HIGHWAY. 640 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. OWNERS OF LAND Continued. 1. In General. Blasting by independent contractor, liabil- ity of owner of land for damages caused. 14-1161. Games on vacant lots, children playing on vacant lots as occupying relation of licensees. 1917A-726. injunction against owner for permitting use of vacant lots for playing games, right of. 14-177. Civil Damage Act, joinder of owner of premises with liquor seller as defend- ants. 14-1058. liability of owner of premises where liquor is sold for death by intoxica- tion. 1917B-540. Criminal liability for nuisance on premises in possession of tenant. 14-210. Fire-escape, duty to maintain. 9-1166; 1913E-777. Gaming, recovery from owner of money lost in gambling house. 1918E-142. License tax imposed for extracting mineral or turpentine from premises or cut- ting timber thereon, validity. 1918A- 678. Light or water furnished to tenant or former owner, validity of statute, ordinance or regulation making owner liable. 7-1017; 11-241. Mechanic's lien, owner as necessary or proper party to foreclosure action. 1918B-11, 34. Prostitution, validity and construction of statute making owner liable for use of premises for purpose. 1917A-459. Working land for share of crops, relation between owner of premises and such person. 1914B-148. 2. Bights of Owner. Encroachment by overhanging eaves, rem- edy of owner of land. 4-343. Eight of way of land owner over right of way across his land. 1915C-1192. 8. Duties and Liabilities. A. GENERALLY. Assault in removing disorderly person, liability of owner or occupant of premises. 1914A-1039. OWNERS OF LAND Continued. Collapse of building, liability of owner for injuries caused. 18-5; 1917A-478. Domestic animal straying on uninclosed land, liability of owner as for negli- gence for injury to. 1917A T 288. Fire-escape, liability to tenant's employee for failure to provide or keep in proper condition. 1913B-278. Former owner of property, liability as for negligence for injury occurring thereon. 1912D-577. Inspection of premises by prospective ten- ant or purchaser or member of his family, liability of owner for injuries. 1916A-988. Invitee who temporarily follows purpose of his own, duty to. 17-591. Licensees entering premises, duty of owner. 1-209. Loading or unloading cars, persons en- gaged in as not bare licensees. 1-601; 12-119. Noxious weeds, duty to destroy. 1913D- 432; 1917A-183. Oil escaping from storage, liability of owner of land for resulting injury. 10-868. Person going on premises for purpose of selling things to occupants, liability of owner. 19-425. Public officer going on premises in dis- charge of official duties, liability of owner for injuries. 9-1123; 21-499; 1914B-518. Search of employment, liability of owner to person injured on premises. 1914C 280. Third persons, negligent act committed on premises, liability of owner or occu- pant. 1914D-91. B. CONDITION OP PREMISES. Barbed-wire fence, liability , for injuries caused. 1913D-781; 1915B-856. Changing condition of premises, duty of land owner to licensee with respect to. 1915D-326. Dangerous machinery, liability of owner of premises for injury to infant licensee or invitee. 1913A-115. Dangerous substances on premises, liability of owner to trespassing children in- jured thereby. 5-503. OYSTERS PARADES. 641 OWNEES OF LAND Continued. Door or gate opening outward in street, liability for injury caused. 1916E-45S. Excavation, adult licensee falling into, lia- bility of owner. 1913C-750. Pond, pool, well, etc., liability of land owner for injury to trespassing child, due to unguarded condition. 7-200; 11-990; 1913A-1032; 1916C-1085; 1917A-726; 1918B-425. Scaffold erected for repairing or painting building, liability of owner for injury resulting to pedestrian. 1916C-123. Spring-gun or similar contrivance, civil liability for injuries caused. 19-939. Turnstile, revolving door or swinging door, OWNERS OF LAND Continued. liability of proprietor for injuries re- ceived in. 16-117; 1916D-1235. C. INJURIES ON ADJOINING HIGHWAY. Coal-hole in sidewalk, legal liability for in- juries sustained by pedestrian. 19-467; 1917D-495. Frightening horse on adjoining highway, liability of person using his own prem- ises in such manner as incidentally to frighten. 1912C-461. OYSTERS. Private ownership. 1917B-966. PACKERS. Implied warranty on sale of food, liability to consumer for breach. 1915C-144. Liability in consequential damages to ul- timate consumer for unfitness of food marketed. 16-500; 1913B-1116. PAIN. Death by wrongful act, excessiveness of ver- dict for pain and suffering between in- jury and death. 18-1239; 1915C-460. Exclamations and expressions of pain, ad- missibility in evidence in actions in- volving bodily injuries. 15-799; 1916A-830. Future pain and suffering as recoverable in action for personal injury. 9-1051. competency of expert testimony as to future pain. 21-329. PAINT. Trademark or trade name as infringed by similar name. 1915B-341. PAINTERS. Trade, painter as engaged in trade. 1916A-1200. Workmen's Compensation Act as applica- ble to painting employment. 1917D- 26. Index to Notes 41 PAINTINGS. Publication of painting within copyright law. 12-601. PANIC. Passenger injured by panic on street-car, right to damages. 1913D-907. PAPERS. Certification as true copy, proper form. 1912C-942. Corporation, right of director to inspect papers of corporation. 17-837;1914B- 424. Exhibition or use of papers when not put in evidence, as ground for new trial. 6-229. Jury, effect on verdict of papers improperly in jury-room. 6-931; 1915C-924. PAR. Construction of statute prohibiting sale of municipal bonds for less than par. 1913E-85. Eight to sell municipal bonds below par in absence of express statutory pro- hibition. 1914B-257. PARADES. Permission of city council, validity of ordi- nance requiring. 6-749. Regulation, validity of statute or ordi- nance. 1916D-847. 642 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PARALLEL RAILROADS. What are "parallel" or "competing" lines of railroad. 1913A-638. PARALLEL TRACKS. Contributory negligence of passenger alighting from street-car and passing to rear of it across parallel track with- out looking for approaching car. 6- 705; 12-912'; 1916E-998. PARALYSIS. Excessiveness or inadequacy of verdict for partial paralysis resulting from in- juries. 1913A-1374; 19166-434. Workmen's compensation, paralysis from injury to spine as accident arising out of and in course of employment. 1914B-500; 1918B-779. PARAMOUR. See Mistress. Life insurance policy in favor of paramour, validity. 1915B-542. PARCEL CHECKING. Loss or destruction of article, liability for. 21-97. PARCEL RACK. Passenger injured by article falling there- from, liability of carrier. 21-323; 1915B-269. PARDONS. Bastardy conviction, power of executive to pardon person found guilty. 16-322. Commutation of sentence, constitutionality of statute conferring power on board. 4-1111; 20-479. Conditional pardons, power to grant. 7- 92; 13-1103. Contract to procure pardon, validity. 1917D-890. Disbarment of attorney for criminal mis- conduct, right to disbar as affected by pardon granted. 1917A-1226. PARDONS Continued. Divorce, right thereto on account of con- viction of crime as affected by pardon. 7-1165. Forfeited office as restored by pardon. 19-293. Parole, power of police judge to extend be- yond period of sentence or to recom- mit after expiration of period. 1915C 565. Power of governor to pardon as confined to offenses against state. 19-115; 1914A-484. Rearrest after release on parole or condi- tional pardon as constituting interven- ing period part of sentence. 10-203. Eecital of offense in pardon, necessity and sufficiency. 3-646. PARENTAGE. Competency of person to testify to his own parentage. 1913C-314. PARENT AND CHILD. 1. In General. 2. Custody, Control and Support. A. GENERALLY. B. CUSTODY. C. SUPPORT. D. ABDUCTION OR SEDUCTION OP CHILD. E. CRIMINAL LIABILITY. 3. Agency Between Parent and Child. 4. Contracts Between Parent and Child. 5. Torts of Child. 6. Emancipation. 7. Injuries to Child. 8. Injuries to Parent. See Adoption. 1. In General. Alienation of affections of married child, liability of parent to injured spouse. 8-813; 9-960; 1917E-1017. "Child" as including illegitimate child. 191SB-249. "Children," meaning of term as applied to beneficiaries in life insurance pol- icy. 15-529. PARENT AND CHILD. 643 PARENT AND CHILD Continued. Beneficial associations, meaning of word "dependent" as used to designate beneficiary in insurance. 7-358; 17 867. persons included within term "family." 7-684; 11-570. Duress, contract of parent induced by threats of criminal prosecution against child, validity and -effect. 1917C- 1026. Education of child, power of parent to select course of study or studies for child in public school. 19-1192. right to sell infant's real estate for education or maintenance when parents are able to provide for him. 1914B-276. Expulsion of child from school, right of parent to sue for. 12-406. Family as including grandchild. 1913B 460. who constitute members of family within insurance policy or benefit cer- tificate. 7-684. "Father" as including stepfather. 1917B- 1118. Homicide, defense of parent or of child as justification. 13-1056 Illegitimacy, father or mother of illegiti- mate child or one born of void mar- riage as parent. 1913A-1246. Infant defendant, appearance by parent as sufficient without appointment of guardian ad litem. 1912D-363. Insurance procured by parent on life of minor child, right of parties. 1917E- 643. Legitimacy of child born in lawful wed- lock, admissibility of evidence of acts of illicit intercourse by mother on issue. 1916A-1187. Libel and slander, communications be- tween parent and child as privileged. 1917E-S96. Marriage of child without consent of parents, validity. 17-94. Military service, infant unlawfully en- listed, right of parent to claim re- lease from detention by military or naval authorities. 16-130. PARENT AND CHILD Continued. validity of enlistment without con- sent of parents. 1913C-1273. Naming child, privilege as valid con- sideration for contract. 11-482. Paupers, who are within poor laws. 20 762. Stepfather or stepmother as included in term "parent." 1915A-869. Wills, insane delusion as to paternity of child as affecting testamentary capa- city of parent. 1916C-18. Workmen'^ compensation, child as depend- ent within act. 1913E-483; 1918B- 754. parent as dependent within act. 1913E 482; 191SB-752. 2. Custody, Control and Support. A. GENERALLY. Burial expenses of child, liability of parent. 1913E-929. Chastisement by parent, remedy of child for excessiveness. 1131. Domicile of infant after death of father, 1913E-1200. death of both parents as affecting in- fant's domicile. 1913E-1206. Punishment of child, delegation of pa- rental authority to teacher. 12-354. reasonableness of punishment by parent or one in loco parentis as question for jury. 5-117. B. CUSTODY. Generally. Bastard child, right to custody. 17-474. Criminal liability of parent for taking child from custody of another to whom it has been awarded. 1914B- 274. Divorce, conflict of laws as to custody of children after divorce. 12-1059. death of parent to whom child awarded in divorce proceedings, right to cus- tody thereafter. 21-466; 1915C-653. power of court in divorce action to pro- vide for custody and support of chil- dren in absence of prayer for such relief. 1914D-753. 644 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E PARENT AND CHILD Continued. refusal of divorce, right of court to award custody of children. 5-91; 1912B-350. res judicata of divorce decree with respect to custody of child. 1916B- 894, 914. Contract Transferring Custody. Contract by parent transferring custody of child, validity. 6-939; 11-217; 1913B-886; 1916A-996. Oral contract transferring child, validity. 1915B-1019. Services of minor child, contract by par- ent as binding child. 1918B-827. Testamentary disposition of child, right of mother to make. 7-450. Habeas Corpus. Considerations in determining right to custody of child on habeas corpus, age of child. 1914A-754. character of custodian. 1914A-751. financial condition of custodian. 1914A- 753. physical condition of child. 1914A-755. religious belief of custodian. 1914A- 752. sex of child. 1914A-755. wishes of child. 1914A-755. Custody of child as between parents, ha- beas corpus aa remedy. 1912C S68. Finality of order in habeas corpus pro- ceedings, with respect to custody of child. 1-260; 11-129; 1912D-361; 1916D-511. Welfare of child as primary consideration in determining right to its custody on habeas corpus. 1914A-740. C. SUPPORT. Divorce, absence of prayer for support of children, power of court to provide therefor. 1914D-753. custody of children awarded mother by decree but no provision made for maintenance, liability of father for support of children. 7-903; 14-255; 1913C-296; 1915D-813. liability of father after divorce decree in his favor not providing for cus- tody or maintenance of children. 1918C-939. PARENT AND CHILD Continued. maintenance of children provided for in decree awarding custody to mother, liability of father for sup- port. 12-138. Future support of child, right to on an- nulment of marriage. 14-S85. Parent's support, liability of child. 9- 1019. Step-parent, right to recover expenditures for support from child. 1916A-1180. Suretyship, judgment against principal aa evidence against surety on bond given to secure support of wife and children. 1915D-410. D. ABDUCTION OB SEDUCTION- OP CHILD. Abduction or enticing away of child, father's right to maintain civil action for damages. 1914A-896. mother's right to sue therefor. 11- 1172. Seduction of daughter, accrual of father's right of action. 1-388. mother's right to maintain action for daughter's seduction. 1916E-1275. person standing in loco parentis, right to maintain civil action for seduction of child. 1912D-299. E. CRIMINAL LIABILITY. Criminal" liability for failure to furnish medical attendance to another, reli- gious belief as defense. 1913B-1221. Manslaughter, wilful or negligent omis- sion to provide clothing, shelter or medical aid for child as constituting. 13-43; 1914A-577; 1916A-337. - 3. Agency Between Parent and Child, Baggage of child, right of father to re- cover from carrier for loss as bag- gage of articles used for or by child. 7-61. Clothing purchased by minor child, liabil- ity of parent. 1913A-967. Compromise of child's cause of action, right of parent. 17-608. Implied agency of minor child for parent. 1913C-830. Necessaries, circumstances raising implied authority in child to bind parent. 4 118S. PARENT AND CHILD. 645 PARENT AND CHILD Continued. Surgical operation on child, necessity of consent of parent. 1916C-1107. Wages, payment to child, silence of par- ent as implied assent. 9-512. 4. Contracts Between Parent and Child. Advancement to daughter, gift to son-in- law as constituting. 18-546. Constructive trust arising under absolute conveyance between parent and child. 2-777. Conveyances inter vivos, child to parent, presumption and burden of proof of undue influence. 18-539. parent to child, presumption and burden of proof of undue influence. 17-989: 1915D-711; 1918B-457. Deed by parent to child, presumption of delivery and acceptance. 1912A-230. Gifts, revocability of completed gift inter vivos by parent to child. 6-432. Note executed by parent to child, natural love and affection as sufficient con- sideration. 13-165. given for past services rendered by one member of family to another, en- forceability. 1913A-865. Presumption as to fraud in alleged fraud- ulent transactions between parent end child. 1-811. Services rendered by child during minor- ity to person standing in loco paren- tis, right of child to recover. 20^394. presumption as to right of payment by child to parent who is not of same household. 6-512. 5. Torts of Child. Automobile of parent driven by child, liability for child's acts. 10-732; 12- 972; 1914C-1091; 1916A-661; 1917D- 1002; 1918E-1137. Insane child, liability of parent, guardian or the like for torts. 1915D-224. Torts of minor child, liability of parent. 11-367; 1912A-5S'5. 6. Emancipation. Marriage as emancipation of child. 17- 785. PARENT AND CHILD Continued. Eight of parent to revoke emancipation of child. 19-330. Statutory emancipation of infant. 1915D- 490. Sufficiency of evidence to show emancipa- tion of infant. 1917D-585. 7. Injuries to Child. Death of child by wrongful act, age at which child is incapable of perform- ing valuable services so that no lia- bility will attach for negligent kill- ing. 1913D-470; 1918D-1184. excessive verdict, what is. 1915C 449. inadequate verdict, what is. 1916B-465. measure of damages recoverable by parent for death of minor child. 1912C-58; 1916B-532. unborn child, right to recover for in- jury causing death. 1914C-615. Illegitimate child, right of parent to re- cover for wrongful death. 10-810; 1916C-720. Imputed negligence, child's negligence as imputable to parent. 21-143. contributory negligence of parent as im- putable to child. 3-704. negligence of one parent as imputable to other in action to recover for death of child. 1914B-35. parent's negligence as imputable to child of tender years. 1-216; 11-686; 1912D-521. person to whom child is intrusted, neg- ligence as imputable to parents. 1916A-S93. Injury to child, excessiveness or inade- quacy of verdict in action by parent. 16-55; 1913A-1385; 1916B-446. infant employed without consent or contrary to agreement with parent, liability of master to parent for in- juries. 1913C-234. loss of society of child as element of damages in action by parent for in- juries. 18-479. notice to municipality as prerequisite to action by parent. 1916E-560. Torts by parent against child, right of action of unemancipated child. 1- 131; 3-3. "Wife deserted by husband, right to re- cover for loss of services of child re- 646 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PARENT AND CHILD Continued. suiting from negligence of another. 1912A-991. Workmen's compensation, award to minor as affecting right of action by parent for injuries to child. 1916D-1172. 8. Injuries to Parent. Death of parent by wrongful act, di- vorce of parents as affecting right of child to recover. 1918E-419. excessiveness or inadequacy of verdict. 1915C-451, 455; 1916B-464, 465. measure of damages recoverable by child. 3-103; 16-931. Unborn child, loss as element of damage in action for personal injuries to woman. 19-266. PARI DELICTO. Consideration paid on executed illegal contract, recovery when parties are in pari delicto. 4714. Marriage, annulment of void marriage, right where parties are in pari de- licto. 1913D-456. Rule that where parties are in pari de- licto court will aid neither as modi- fied by paramount public interest. 1913D-772. PARI MATERIA. See Statutes. PARI MUTUEL. Device as not constituting infraction of statute against banking or percent- age game. 1918A-179. PARISHES. New parish, creation only on ratification by voters within territory affected, validity of statute. 1914C-626. PARKS AND SQUARES Continued. Changing park into farm as waste. 1918D-546. Cities, effect of partial invalidity of stat- ute relating to parks. 1916D-76. Counties, effect of partial invalidity of statute relating to parks. 1916D-41. Dedication by selling lots according to map or plat. 17 T 312; 1917B-197. Deeds, distinction between exception and reservation of square. 1S-S01. Eminent domain, interest acquired in land by condemnation as easement or fee. 1918A-812. land acquired by condemnation as giv- ing easement or fee. 20-573. p&wer of United States to condemn land for park. 191SE-45. Frontage on park as constituting abut- ting property. 1-60. Gift for public park as valid charitable gift. 1914A-1219. Municipal power to take park or public square as trustee. 17-748. Negligence in maintenance, liability of municipality. 1915C-255; 1916E-900. Park commissioner as municipal officer. 1914D-1234. Policeman for park duty, legal meaning of "require" in statute relating to de- tailing of officer. 1912A-1237. Railroad purposes, right to use park or public square. 21-689. State regulation and control of municipal parks. 1912A-1069. PARLOR CARS. See Carriers of Passengers. PAROL CONTRACTS. See Contracts; Frauds, Statute of. PAROL EVIDENCE. See Evidence. PARKS AND SQUARES. PAROLE. Abutting owner, vested right to access Contract to procure parole, validity. to public grounds. 1915C-177. 1917D-890. Buildings, erection in public parks and Right of convict after repeal of statute squares. 11-468; 21-141; 191SE-489. authorizing parole. 1-221. PAKSONAGES PAKTTES TO ACTIONS. 647 PARSONAGES. Exemption from taxation. 11-1102. PARTIAL INVALIDITY. See Antenuptial Agreements; Statutes; Wills. PARTIAL PAYMENT. See Part Payment. PARTICULAR FUND. Negotiability of instrument as affected by reference to particular fund or ac- count. 11-599; 1913C-932. PARTIES TO ACTIONS. 1. In General. 2. Proper and Necessary Parties. 3. Joinder of Parties. 4. Addition or Substitution of Parties. 1. In General. Absence of party as ground for continu- ance in divorce case. 1914B-360. "Any party," legal meaning. 1916E-68. Certiorari, right of person not party to proceeding to have review. 10- 861. Death of party, power of amicus curiae to suggest. 1915A-196. Estoppel by judgment, persons assisting prosecution or defense of action. 1916E-154. "Et al.," in place of names in process, pleadings, etc. 14-571. substitution of "et al." in place of names in appraisal in foreclosure pro- ceedings. 14-572. Federal Employers' Liability Act, capa- city for institution of suit there- under. 1914B-137. Forgetfulness of party as ground for opening or setting aside default judg- ment. 1914B-589. Guardian or next friend as party in suit involving ward's estate or rights. 4-1 06S. PARTIES TO ACTIONS Continued. Married woman sued in maiden name, validity of judgment rendered against her. 16-795. Mental capacity of party to feivil action, manner of raising and determining is- sue. 1913A-1349. right to show mental weakness (not in- sanity) of party to action without pleading same. 1915B-454. Misconduct of party after verdict as ground for new trial. 12-958. Xonexistence of plaintiff (not corpora- tion) as defense to action. 1917D- 1193. Omission of proper parties from mortgage foreclosure proceedings, remedy. 4- 848. "Party," construction of term in statute disqualifying judge related to party. 15-533; 1914C-972. Penalty for violation of liquor statute, plaintiff in action for. 1916E-871. Persons not in being, representation by relation. 2-790. Physical examination of plaintiff, power of court to order. 1-266; 4-611; 11- 844; 1915D-767. Replevin, general rules as to parties. 1- 984. Representative capacity, necessity of al- leging in complaint. 1916E-114. Subrogation by insurance company, right of action in own name. 1-885. Surname under which one may or must bring action. 5-894. "Witness, adverse party called as witness, right to impeach. 1914B-1123. 2. Proper and Necessary Parties. Agency, agent of undisclosed principal as constituting real party in interest. 6-556; 1917A-454. undisclosed principal not sole party in interest to contract made by agent, right to sue on. 13-955. Alienation of affections, parties to action by wife. 1912C-1181; 1916C-750. Appeals, parties entitled to notice. 13- 181; 21-1277. 648 INDEX TO THE JIOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PAETIES TO ACTIONS Continued. person not party or privy to judgment below as proper party defendant to writ of error. 5-630. surety named in judgment but not otherwise party to suit as proper or necessary party to appeal or error to review judgment. 1914D-1120. Bills find notes, nominal holder of promis- sory notj, right of action thereon under real party statutes. 1-833; 1917A-490. right of holder of bill, note or check for collection to sue in own name. 1913R-477. Contempt proceedings in federal court, parties to. 1915D-1053. Corporations, dissolution, necessity of making all stockholders parties to ac- tion by minority stockholder to dis- solve. 1918E-431. Discovery, parties against whom bill may be maintained. 11-579; 20-906. Ejectment, land held under adverse pos- session, grantor and grantee as par- ties plaintiff in action to recover. 1915D-527. necessary parties defendant in eject- ment, joinder of tenant with landlord. 12-531. Execution sales, injunction against sale, necessary or proper parties. 1918C- 290. setting aside sheriff's sale, plaintiff in execution as necessary party. 5-260. Insurance policy covering mortgaged prop- erty with loss payable to mortgagee, who may sue. 4543. Judicial sale, parties in original proceed- ing as entitled to notice of vacation. 1914D-757. Mandamus involving title to office, neces- sary parties respondent. 2-553. proceedings to review decision of tax official or board as to assessments, parties. 1912B-787. Mechanics' liens, necessary or proper par- ties in foreclosure proceedings. 191SB-3, 28, 31, 34, 41. Mortgage foreclosure, mortgagor who has conveyed interest in premises as party to foreclosure proceedings. 1913A-83. PAETIES TO ACTIONS Continued. Promise to assume debt of another as en- forceable by creditor of promisee. 18-392. Quo warranto, proper parties defendant in proceedings against corporation. 1913A-570; 191SD-228. Eeplevin, general rule as to parties in re- plevin. 1-984. Ships and shipping, parties to proceeding to limit vessel owner's liability. 1913D-1235. State or municipal securities and obliga- tions, necessary parties in action to determine validity. 5-858". Subrogation, right of insurance company to enforce by suit in own name. 1- 883; 18-710; 1918A-S34. Taxpayer's action, necessary and proper parties plaintiff and defendant. 1913C-911. Tenants in common, right of one tenant to sue for injuries to premises. 1918A-60S. Torrens Act, registration proceedings. 12-836; 1913C-874. Unincorporated association suing in as- sociation name, right to in absence of permissive statute. 3-699. Virtual representation, equitable doctrine. 1913C-654; 1918B-432; 1918C-345. 3. Joinder of Parties. Bills and notes, joint action against maker and indorser of promissory note, right to maintain. 1912D-1201. Bonds, joint obligees of bond, necessity that all join in action on bond. 15- 1061. Civil damage act, joinder of defendants in action thereunder. 14-1057. Criminal law, joinder of two or more de- fendants in indictment for violation of license statute. 1918A-571. Ejectment, joinder of remainderman and life tenant in action of ejectment. 1912C-241. Gaming, joint action by loser against persons winning bet. 8-189. Husband and wife, action relating to property held by both spouses, joinder of spouses. 6-361. PARTITION. 649 PARTIES TO ACTIONS Continued. loss of earnings of wife, joinder of hus- band and wife in action for. 4-209. Landlord and tenant, joinder of landlord in actions by or against tenant. 5-62. Libel and slander, joinder of defendants in action for libel. 1912A-215. Mandamus, who may join as relators in proceeding. 1912B-420; 1918C-873. Master and servant, joint action against master and servant for negligent or other act of servant. 10-756. Misjoinder, defect or want of legal ca- pacity to sue, as waived by filing answer in overruling of demurrer. 1913B-390. Money had and received, joint action against several defendants as main- tainable. 1913A-935. Partnership, joinder of nominal partner as plaintiff in action by partnership, necessity of. 8-369. Person having no interest in subject matter, joinder as party plaintiff, effect on action at law. 1912A-742. Pollution of stream by persons acting independently as authorizing joinder in action for damages. 10-773. Quo warranto proceedings, joinder of par- ties. 1918D-214. Eemoval of causes, fraudulent joinder of parties, right of state court to de- termine fact on petition for removal. 1912A-238. Tort, effect of misjoinder of defendants in action for tort. 14-1142. 4. Addition or Substitution of Parties. Amendment of pleading changing char- acter in which defendant is sued as bringing in new party. 10-150. right to amend action by adding new parties plaintiff. 1916C-591. Capacity in which plaintiff sues, right to amend so as to change from repre- sentative to individual one or vice versa. 1916C-401. Continuance, amendment of pleading so as to change parties or designation of parties as ground for continuance. 1914A-1273. PAETIES TO ACTIONS Continued. divorce case, continuance where new party has been added. 1914B-361. Cross-bill bringing in new parties, right to. 20-1151. Personal representative substituted for widow in action for death by wrong- ful act as commencement of new ac- tion. 1917D-908. Receiver substituted as party in pending action. 1915C-1249. Substitution or addition of new plaintiff suing for use of original plaintiff, right to amend petition or complaint. 1913B-110. PARTITION. 1. In General. 2. Who Entitled to Partition. 3. Property Subject. 4. Partition by Act of Parties. 5. Actions. 1. In General. Estoppel of purchaser of tract allotted to party in partition proceedings to deny title of another party to an- other part of land divided. 1915A- 949. Insured property, sale on partition as breach of condition against sale. 2 358. Owelty of partition. 1914A-650. Bemainders, partition of estate as de- stroying contingent remainder to un- born person. 1917A-907, 914, 925. Tenants in common, right of one tenant to buy common property on parti- tion sale. 17-1172. 2. Who Entitled to Partition. Dowress, right to partition of premises. 19-810. Entireties, right of spouse to maintain action for partition of estate. 1913E-888. Homestead, right of husband or wife after divorce or separation to parti- tion. 6-954. Insolvent's property, right of trustee in bankruptcy or assignee for benefit 650 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. PARTITION Continued. of creditors to sue for partition. 16-560. Purchaser at execution sale of realty, right to maintain action for parti- tion. 1915D-1097. Remainderman or reversioner, right to partition of property. 21-264. Tenant in common of life estate only, right to partition. 11-1040. testamentary restriction on right of tenant in common to partition. 1916D-1270. Waiver of right by cotenant by express or implied agreement. 1913E 402; 1916D-928. 3. Property Subject. Cemetery lot, partition of. 12-976. Church property, partition between fac- tions of religious society. 20-410. Entirety estates as subject to partition. 5-537. Mining interests and mining rights, par- tition. 15-778; 1917D-135. Property subject to lease for term of years, right to partition. 9-1029. Railroad right of way, right to parti- tion. 1914A-393. Standing timber, right to partition. 1912D-587. Trust property, right to partition. 1912C-327. 4. Partition by Act of Parties. Agreement between tenants in common for partition as binding on judgment creditor of one tenant. 1913A-1146. Deed to husband and wife for purpose of effecting partition as creating ten- ancy by entirety. 1912C-928. Parol partition of lands, validity. 8-405. Spanish or Mexican law, validity under. 8-407. 5. Actions. Attorneys' fees, allowance in partition proceeding. 12-854. lien for fees on land which is subject matter of partition. 9-627. PAETITION Continued. Decree as binding on persons not in being but thereafter born. 2-792. Intervention in action, right of adverse claimant. 20-82. Jury trial, right to in partition proceed- ings. 21-1300. Land in another jurisdiction, power of court to partition. 1912B-991. More than one parcel of realty, right to partition in single action. 17-1163. Process, service by publication in action for, partition, validity. 1916E-1002. PARTNERSHIP. 1. In General. 2. Rights and Liabilities Inter Se. A. GENERALLY. B. DISSOLUTION. C. ACCOUNTING AND COMPENSATION. D. ACTIONS. 3. Bights and Liabilities as to Third Per- sons. A. GENERALLY. B. CONTRACTS AND CONVEYANCES. C. EFFECT OF DISSOLUTION. D. ACTIONS. 4. Firm Realty. 1. In General. Alienation by or to partner as change in title or interest within condition in fire insurance policy. 1916B-948. "Citizen," firm as included in term. 1917C-878. Creation of partnership, intent as essen- tial. 1916E-440, 444, 449. Crop-sharing, relation between owner of premises and person working Jand. 1914B-148. Death of partner, business carrier! on according to partnership articles or deceased partner's will or by ar- rangement with heirs or representa- tives, as creation of new partnership or continuance of old one. 1913B- 933. Embezzlement by member of firm. 14- 724. sufficiency of indictment with refer- ence to allegations of ownership in PARTNERSHIP. 651 PARTNERSHIP Continued. embezzlement from partnership. 18 343. Evidence, general reputation, admissi- bility of evidence to prove existence of partnership. 4-817. knowledge of another person of ex- istence of partnership, competency of witness to testify to. 21-1076. Fictitious partnership name, what is. 10-812. Forgery, firm name signed by partner as forgery. 1912B-702. Freeholder, partner as. 1913D-328. Husband and wife, validity of. partner- ship 'between spouses. 4-868. Larceny from, sufficiency of allegation in indictment as to ownership of prop- erty. 18-1122. Mining and ordinary partnerships, dis- tinction between. 4-267; 1914D- 1191. Municipal corporation, power to enter into contract for joint construction of improvement. 1916C-909. Public officer, assignment to firm by part- ner of salary or fees as public officer. 4-426. division of salary, validity of con- tract providing for. 1914D-820. Sharing losses, agreement as essential to existence of relation. 1913B-1335. Taxation, interest of deceased partner, situs for' purpose. 9-692. place of taxation of partnership prop- erty. 1912B-758. Trade name of partnership, infringement by use of similar name. 1915B-373. Trading and nontrading partnerships, dis- tinction between. 1916A-206. Workmen's compensation, partner as constituting workman under English act. 1913C-51. 2. Rights and Liabilities Inter Se. A. GENERALLY. Alien enemy, rights and liabilities with respect to partnership interest. 191SC-715; 1918D-583. Bulk sales, sale of part interest in busi- ness to partner or for creation of PARTNERSHIP Continued. partnership as within purview of law. 1914B-1105. Competitive business, right of partner to carry on business in competition with firm. 1916E-993. Contribution between partners, right of. 1916D-820, 842, 846. Deceased partner's interest, right of surviving partner to purchase. 1917C-946. Good faith toward each other, duty as applicable to sale of partnership in- terest by one to another. 1912D- 1245. Goodwill, right of partner to dispose of firm's. 20-582. Individual debt, application of firm prop- erty by partner to payment without consent of other partners. 3-151. Insurable interest of partner or firm in life of member of firm. 1912A-300. Interest on capital or other funds due partner from firm, right to. 1913A- 173. Leases, renewal by one partner as rais- ing implied trust for others. 7-297. Loss occasioned by wrongful act of part- ner, liability to firm. 1915D-77. Majority of partners, power to bind firm. 1916C-110. Negligent act of firm causing loss to partner, right of latter to recover from firm. 1912C-965. B. DISSOLUTION. Alien enemies, effect on partnership of partner becoming alien enemy. 1917C-202. Capital of firm, respective rights of part- ners on dissolution. 17-701; 1913B- 1161. Effect on right of partner to dissolve partnership of clause in agreement providing for termination by mutual consent only. 19-383. Fraud in formation as ground for dis- solution or rescission of partnership. 10-695. Mental or physical incapacity of partner as ground for dissolution. 1913D- 1148. 652 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PARTNERSHIP Continued. Misconduct of partners as ground for dissolution. 4-460. Notice of dissolution to former patrons, sufficiency of. 9-243; 1915A-1104. Eetiring partner, relation as surety upon dissolution of partnership. 1-725; 11-1028. Surviving partner, liability for interest on share of deceased partner. 4-180; 1916B-873. C. ACCOUNTING AND COMPENSATION. Extraordinary services, right of surviving partner to compensation. 5-664; 1916B-873. Illegal partnership transactions, right of partner to accounting. 18-407. Limitation against action for account- ing and settlement after dissolution, running of statute. 1918D-1107. Liquidating or winding up partner, right to compensation for services. 20- 1059. Secret profits of partner, duty to account. 1914D-433. D. ACTIONS. Advance made to partner by firm, right of action at law to recover. 19-255. Arrest of copartner in civil action aris- ing out of partnership transaction, right of partner. 6-109. Covenant between partners against retir- ing partner engaging in same busi- ness, injunction as remedy for breach. 15-694; 1916C-189. Preliminary partnership agreements, ac- tions on between partners. 1-835. Single unadjusted claim, right of action at law between partners after dis- solution and accounting. 8-768. S. Eights and Liabilities as to Third Persons. A. GENERALLY. Alleged partnership not actually existing, priority between individual and firm creditors with respect to firm assets. 1912A-49. Bankruptcy, discharge of individual part- ner in bankruptcy, effect upon lia- bility for partnership debts. 3-800. PARTNERSHIP Continued. individual property of nonbankrupt partner as asset of bankrupt part- nership. 13-996; 1916A-744. property of partnership applied on debt of individual partner as voidable transfer under Bankruptcy Act. 15- 65. solvency of partnership within bank- ruptcy law as dependent on solvency of individual partners. 11-451. Fraud committed by copartner, liability of partner. 1912A-1337. Insolvency of firm and members, in- dividual assets, right of firm cred- itors as against individual creditors to share in. 1915C-1176. . Intoxicating liquors, illegal sale by part- ner, liability of copartner. 8-276. licenses, rights of partners under liquor license. 10-910; 1913A-847. Libel or slander, liability of partner- ship. 21-484. mental suffering as element of damages. 1914C-295. Limited partnership, posting names of partners, construction of statutory re- quirement. 1913B-917. Negligence of partner, liability of firm of physicians. 16-353. Ostensible partner, persons as to whom estopped to deny partnership rela- tion. 10-135. Promise to pay debt of firm as part of purchase price of partnership prop- erty as valid under statute of frauds. 12-1103. Setoff of partnership debt against claim by individual partner, right to. 1915C-809. Tort of partnership, liability of partners as joint and several. 1914A-802. B. CONTRACTS AND CONVEYANCES. Acceptance of obligation of one partner for firm debt as discharging other partners. 1915C-1201. Acknowledgment of instrument executed by firm, sufficiency. 1913A-1084. Change in firm as discharging guaranty thereto. 15-1020. Discharge of partner from liability on ac- count of partnership debt as dis- PARTNERSHIP. G53 PARTNERSHIP Continued. charge of other partners. 1912D- 624. Failure of partnership to comply with statute regulating doing of business as affecting validity of contract en- tered into. 1913C-700. Frauds, statute of, agreement for pur- chase and sale of land as within statute. 7-1142. Indorsement of bill or note, effect of notice of dishonor as to part only of partnership indorsers. 1912D-355. Law partnership, liability of one attor- ney for act of partner. 1917B-16. power of member to bind firm for pur- chases or on negotiable paper. 6 129. wrongful retention of money by one partner as subjecting other to dis- barment. 17-694. Note executed in name of single partner, liability of partnership. 1912A-618. Sealed note, power of member of com- mercial partnership to bind firm by execution. 14-548. Witness to deed or mortgage, copartner of party as competent witness. 15- 592. C. EFFECT or DISSOLUTION. Admission by partner after dissolution as binding copartner. 15-938. Employment contract as affected by death of one of partners. 1913E-904. Executor de son tort, when surviving partner chargeable as. 1917E-22. Judgment in favor of partnership, effect of death of partner. 10-956. Law partnership, executory contracts as affected by death of member of firm. 1-401. Mechanic's lien, right of surviving part- ner as assignee of lienable claim. 21-963. Mining partnership, liability of retiring member. 16-304. Surviving partner, power to sell or mort- gage firm assets. 4-472; 6-35. Wages for unexpired contract period, liability of partnership on going out of business. 6-236. PARTNERSHIP Continued. D. ACTIONS. Execution sale to enforce rights arising out of partnership transaction, in- junction against. 1918C-220. Judgment on partnership obligation against one partner as bar to suit against copartner. 8-315; 1915C- 528. Misnomer of defendant partnership in publication notice as affecting juris- diction of court. 1913B-1256. Nonresident partnership, service on agent, validity of statute providing for. 1916D-813. Parties, necessity of joining nominal partner as party plaintiff in action by partnership. 8-369. Personal judgment against partner in action against firm, right to. 1918D- 1136. Pleading, necessity of alleging fact of partnership in action against persons composing partnership. 1912A-512. Service of process on single partner in action against partnership, suffi- ciency. 20-1238; 1914A-389. Transactions with deceased partner, com- petency of opposing party in action by or against surviving partner to testify to. 1916B-568. 4. Firm Realty. Agreement of partnership for purchase and sale of lands as within statute of frauds. 7-1142; 13-140; 1913E- 567. Conveyance of partnership realty, power of partner to bind firm. 1918E-llr88. Deed conveying realty to partnership in firm names, effect. 4-604; 19-948. Disposition of realty on dissolution of firm by death of partner. 1912D- 1207. Dower rights in partnership lands. 1912A-410. Putative wife, rights in partnership property. 1913A-244. Realty as personalty, agreement or im- plied intention of parties as deter- mining. 11-269. 654 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PARTNERSHIP Continued. Title derived by partners from common source, right of one to assert para- mount title as against other part- ner. 16-652. PART PAYMENT. Accord and satisfaction, claim against government, state, county or mu- nicipality, part payment as satis- faction. 1914D-824. disputed claim, part payment as satis- faction. 1-801; 16-194; 1915A-951. part payment with receipt in full as satisfaction of liquidated and undis- puted debt. 5-525; 1917A-130. Bankruptcy, part payment as new prom- ise sufficient to revive debt dis- charged in bankruptcy. 19-147. Limitation of actions, bills and notes, part payment by trustee in bank- ruptcy of personal representative of joint maker of note as removing bar . of statute as to other makers. 11-59. judgment or judgment debt, effect of part payment to revive. 9-254. mortgage given to secure debt, pay- ment on barred debt as reviving lien. 1912B-508. part payment in full satisfaction of debt as removing bar of statute as to part not paid. 14-213. ' suspension of limitation statute as to surety by part payment by princi- pal with consent of surety. 191 6D- 327. PARTY-WALLS Continued. Grantee of builder of wall, right to re- cover for use thereof. 8-292; 15- 176. Liability of adjoining land owner for use in absence of agreement to con- tribute. 15-1107; 1916E-1165. Purchaser from person promising to con- tribute to cost, liability to pay pro- portion of cost. 11-527; 1916B-1215. Termination of right to maintenance of party-wall. 1916C-374. Use of party-wall beyond middle line, right of owners. 8-319. PASSAGEWAYS. Common to tenants, duty of landlord to light. 14-764; 19-667; 1914D-592; 1917E-596. Master's liability to servant for injuries resulting from insufficiently lighted passageway. 20-3. PASS-BOOKS. Duty of bank depositor to examine pass- book and vouchers. 17-122; 1914D- 465. Possession of pass-book as excusing wrong payment by savings bank. 2-259. Savings bank depositor, right to recover deposit without production of pass- book. 1914D-23. PARTY AFFILIATION. Change by voter of enrollment or regis- tration. 1917A-1278. Eligibility to office as affected by. 1915A-594. PARTY-WALLS. Contribution, use of wall as inclosure of user's building as rendering user liable. 1913A-769. Conveyance of part of premises, rights of parties with respect to division wall. 1918C-879. Easement in party-wall by prescription, creation and extent. 11-629. PASSENGER-CAR. See Carriers of Passengers. Term "car" in Safety Appliance Act as including passenger-car. 1914D-46. PASSENGERS. See Carriers of Passengers. Accident insurance, meaning of term "pas- senger" in policy. 1913A-S45. PASSES. Baggage ol gratuitous passenger, liability of carrier with, respect to. 1912C- 29. PASSION PATENTS. 655 PASSES Continued. Constitutional or statutory provisions against gift or receipt of free railroad transportation. 17-662; 1915D-559. Conveyance ef land in consideration of pass, validity and construction of agreement by railroad to give. 21- 597. Drover's pass, liability of carrier to person riding on pass. 6-799. stipulation exempting carrier from lia- bility for negligence, validity. 5- 768; 1914A-678. Exemption from liability for negligence, validity of stipulation in free pa^s. 4-557; 12-584; 1915C-623. "Family," meaning in Interstate Commerce Act authorizing issuance of free ticket to railroad employees and families. 1916B-326. Injury to free passenger, liability of car- rier. 6-669; 10-S70; 1914B-1209. Liability of carrier to person riding on free pass. 4-1131; 12-677. Militia or other state or public officers, va- lidity of statute requiring carrier to transport free or at reduced rates. 1913E-498. Partial invalidity of statute relating to passes, effect. 1916D-85. Pass fraudulently procured or under which passenger has no right to transporta- tion, liability of railroad company to person riding on. 20-1227; 1913E- 235. PASSION. Degree of mental disturbance essential to reduce felonious killing to man- slaughter. 9-929. Excessive verdict due to passion as sub- ject to remittitur. 3-939; 1912C-509. PAST INJURIES. Injunction as remedy. 1913D-968. PASTOR. See Ministers of Gospel. PASTURE LANDS. Waste by changing pasture land into arable land, brush, or wood lot, or by changing meadow or wood land into pasture. 1918D-544. PATENT MEDICINES. Civil liability of vendor or manufacturer of patent or proprietary medicine for injury caused by use thereof. 1914D- 51. Meaning of "patent medicines" in statute regulating sale of poison by druggist. 20-495. PATENTS. 1. In General 2. Transfer of Interest. 3. Infringement. 1. In General. Alien enemy, war as affecting patent rights. 1918C-715. Creditor's bill to reach patent right. 1914B-955. Expiration of patent as affecting right to protection against unfair competition. 20-860. Jurisdiction of state court with respect to action involving patent rights. 1916B- 800. Master and servant, right to invention, as between them, where servant is em- ployed to embody master's conception in practical form. 10-553. Patented articles, municipality's right to contract for under competitive bid- ding contract. 3-745; 10-709; 1915B- 460. right to use and vend patented articles. 1-548. Patent rights as property. 17-390. Price at which patented article shall be sold, patentee's right to control. 1915A-155; 1918A-958, 965. vendor's or manufacturer's right to con- trol on resale by his vendee. 1916A- 81; 1918A-958; 1918C-451. "Profits," legal meaning of word in patent law. 20-687. 656 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PATENTS Continued. PATROL Sherman Anti-trust Act, effect on monop- Fire insurance trol lidbilitv in tort . oly conferred by letters patent, 16-1222- 1917E-684 191 2D 774 patrol as charitable institution. 1917C State regulation of patent rights. 6-159; 797. 8-140. "Thing patented," legal meaning. 1915A- 32. PAUPERS. See Poor and Poor Laws. Transfer of patented article with qualified title as to its use, right of patentee. Poor person or pauper, who is within poor 1913D-904. laws. 20-756; 1916C-389. 2. Transfer of Interest. Assignment, implied warranty of validity of. 18-58. Implied covenant by grantor of exclusive license under patent not to derogate from such license by his own acts. 18-978. Note given for patent right, validity of statute requiring note to show con- sideration. 5-426. Oral transfer of patent or patent right, validity. 1913E-1016. Restraint of trade, combination for sale of patented articles as constituting. 2- 959. restrictive agreement on sale of patent as combination in restraint of trade. 9-908. Royalties, invalidity or failure of patent as defense to action for. 14-1184. Sale of patented articles, implied warranty as to title and right to use. 16-65. PAVILION. Building restriction against erections less than certain distance from front line of premises as applicable to pavilion. 1914A-12. PAWNBROKERS. "Dealer," sale of pledges as constituting pawnbroker a dealer. 1917A-960. Fraud on pawnbroker as constituting at- tempt to obtain money by false pre- tenses. 1917B-1236. License tax, validity of statute imposing on occupation of loaning money on chattel security. 1914B-1197. State or municipal regulation of pawn- brokers. 1913D-1281. PAY-CAR. Term "car" as including. 1914D-46. 3. Infringement. Executor or administrator, personal liabil- ity to third person for infringement of patent. 21-357. Injunctive relief against infringement as affected by comparative injury to parties. 14-21. Remedy against government or its agents for infringement of patent rights. 15-1109. Sale of patented article purchased abroad as infringement. 3-852. PAYMENT. 1. In General 2. Medium of Payment. 3. Place. 4. Time. 5. Application of Payments. 6. Pleading. 7. Evidence. 8. Recovery Back. PATERNITY. Exhibition of child to jury upon issue of paternity. 6-560; 19-536. 1. In General. Agency, authority of agent to receive pay- ment in absence of express instruction, 9-1198. PAYMENT. 657 PAYMENT Continued. lack of possession of evidence of indebt- edness as evidence 011 question of authority of agent to receive payment. 19-666. Bankruptcy, debtor's payment to bankrupt creditor after bankruptcy proceedings, validity. 1914A-242. Bills and notes, negotiation of note of debtor as constituting payment of original debt. 1917C-364. what constitutes payment at bank where promissory note is made payable. 1917A-508. Checks, collection by bank of check on it- self as payment. 1915C-664. creditor's negligence in presenting check of third person for payment as dis- charging debtor. 5-871; 1914D-357. payment on forged indorsement, liability of bank to true holder. 1917D-1058. Fraud inducing liquidation of just indebt- edness as constituting prejudice or damage. 20-179. Freight charges, requiring prepayment as unlawful discrimination by carrier. 16-621. Garnishment, payment of judgment by garnishee, effect on liability to princi- pal defendant in another jurisdiction. 1918C-829. Independent contractors, mode of paying contractors as test of independence. 19-19; 1913B-576. Indorsement of payment on promissory note by holder as sufficient proof of part payment to stop running of statute of limitations. 1913A-1223. Industrial insurance, "facility of payment" clause, construction. 1918B-1193. Interest, implied interest as recoverable after payment of principal debt. 1913E-582. Interlocutory order for payment as en- forceable by execution. 1912D-178. Limitation of actions as affected by part payment. See Limitation of Actions. Part payment, claim against government, state, county or municipality, partial payment as satisfaction. 1914D-824. computation of interest on partial pay- ments. 13-711. receipt in full on part payment as satis- faction of liquidated and undisputed debt. 5-525; 1917A-130. Index to Notes 42 PAYMENT Continued. Passenger fare, what is reasonable sum to tender in payment. 10-642; 18-44. Payment to merchandise broker as dis- charging purchaser. 14-804. Eeceiver's certificates, enforcement of pay- ment. 1913C-57. Stopping payment, certified check, right of drawer to stop. 16-213; 1917A-947. ordinary check, right of drawer to stop payment. 1914A-1303. telegram as sufficient direction by de- positor to stop payment of check. 13- 468. Suretyship, payment ineffectual by princi- pal by reason of forged paper or vio- lation of bankrupt law, as effecting discharge of surety. 13-921. Taxes, attempt to pay frustrated by officer, effect. 17-820; 1914D-1056. Telegraph, company, liability for false, forged or fraudulent message procur- ing payment of money. 1-578; 1915D- 245. Threat of prosecution in connection with demand for payment of debt, criminal liability. 1917E-246. Wrong person, liability of savings banks for payment to. 1-100; 2-259; 14- 481. 2. Medium of Payment. Acceptance by judgment creditor of note of third person aa extinguishing judg- ment. 19-482. Bank notes as money. 4-630. Bills and notes negotiability of promissory note as affected by medium of pay- ment. 1912D-8. Cash payment, waiver by extension of time or failure to exact on delivery of goods. 11-547. Check or draft received by agent without authority as constituting payment. "9- 1198. part payment by check as satisfaction of disputed claim. 16-194; 1915A-953. Commodity or specified articles deliver- able as payment of contract, recovery for breach. 1916A-965. Compromise of claim by attorney, right to accept other than cash. 21-581. 658 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PAYMENT Continued. Execution or other judicial sale, proper medium of payment by purchaser. 1915C-996. Forged paper, payment or satisfaction by principal therewith as discharging surety. 13-921. Frauds, statute of, medium of payment or part payment to take contract out of statute. 15-32; 1915D-348. Medium of payment of bill or note as controlled by contemporaneous agree- ment. 5-151. Stock of merchandise conveyed to creditor in payment of debt as fraudulent un- der Sales in Bulk Act. 9-332. Subscription to corporate stock, what may be received in payment where pay- ment is required in "cash." 1912B- 480. 3. Place. Note, payment to bank where note is made payable as discharging surety. 5-298. sufficiency of payment at place payable to one not in possession of note. 14- 879. Place of payment under contract not specifying place, where parties are residents of different states or coun- tries. 1912D-1014. Kent, where payable. 1913C-1198. 4. Time. Attorney's power to extend time of pay- ment of claim held for collection. 1913B-1295. Before maturity, right of debtor to pay- debt. 17-151. Bills and notes, construction of agreement for extension of time of payment. 1918B-157. negotiability of promissory note as af- fected by extension of time of pay- ment. 17-55. parol extension of time for payment of note as enforceable. 1914A-103. Fractions of day as entering into com- putation of time of payment. 2-137. Legacy to creditor not payable at same time as debt, as satisfaction of debt. 4-458. PAYMENT Continued. "On or before," construction of phrase. 1913A-253. Sunday payment, validity. 19-240. Wages, validity of regulatory statutes as to time of payment. 13-4S2. 5. Application of Payments. Creditor's own debt to debtor, right to apply on debt due him so as to sus- pend statute of 'limitations. 1915A- 281. Entry on debtor's books or papers as direction to apply payment. 1914C- 247. Illegal or unenforceable demand, right of creditor to apply payment. 13-953. Surety's right to direct application of pay- ment by principal. 1915B-1275. Third person's right to control applica- tion of payment. 1917C-5S2. Time when creditor may make application of payment. 1913E-895. Undirected payment, application by cred- itor to debt barred by limitations as reviving unpaid portion. 13-1203. What constitutes payment within law of application of payments. 1915B-698. 6. Pleading. Necessity for pleading payment in de- fense to action for existing balance. 1912B-487. 7. Evidence. Burden of proof of payment or part pay- ment of bill or note. 20-518. Financial condition of debtor or creditor, admissibility of evidence to prove payment. 8-779; 11-110. Institution of legal proceedings as rebut- ting presumption arising from lapse of time. 7-723. Payment of purchase money under con- tract of sale of land, presumption re- specting. 1913A-50S. Place of payment not specified in con- tract, admissibility of parol evidence to show. 1916E-366. Presumption of payment from possession of written evidences of indebtedness PAYMENT INTO COURT PAY STATION. 659 PAYMENT Continued. by debtor who had access to papers of creditor. 14-257. Taxes, presumption of payment from lapse of time. 1915D-186. 8. Recovery Back. Agency, voluntary paymeat made to agent under mistake of law and by him turned over to principal, recovery back. 1912D-722. Bank paying money by mistake, right to recover. 1-632; 1912D-494. Decedent's estates, allowance to creditor in excess of pro rata share of insol- vent estate, right of personal repre- sentative to recover. 19-794. Duress of personalty as compulsory pay- ment. 1913A-1354. payment to prevent apprehended injury to business as payment under duress. 2-825; 1918B-516. receipt in full demanded as condition of payment of part of debt as duress avoiding receipt. 8-880. threats to begin criminal prosecution, recovery of money paid under coer- cion of. 3-107. Execution sale, recovery of amount of incumbrance paid by purchaser at void execution sale. 1915C-594. Fees or compensation to public officer paid by mistake or illegally, recovery back. 13-351; 1915B-811. Fine improperly or illegally collected, right to recover. 12-703; 19133-436. Forgetfulness of facts, right to recover payment made through. 18-670. Freight charges, recovery back of excess exacted by carrier. 1915B-1212. Gaming, bucket-shop transactions, recov- ery of money paid or lost. 17-711. money lost in gaming, recovery back. 1918E-138. Interest on money paid by mistake, right to recover. 10-307; 1913B-1257. Internal revenue tax, recovery from United States. 1916A-299. Landlord and tenant, advancement by- ten- ant to secure performance of lease stipulations, right to recover. 19- 216. PAYMENT Continued. Life insurance, money paid on policy un- der mistaken presumption of death of insured, right of cdmpany to re- cover. 13-411. premiums paid for life insurance, re- covery of. 4-123. Pensions, recovery back by United States of money paid to bank on forged pension check. 16-1189. Procurement of payment of money with knowledge that it is due to another, right of action against person. 1918D-245. Public officers, unauthorized payment by public officer, rule respecting volun- tary payment under no mistake of fact as applicable. 1913B-651; 1916D-745. Eent paid in advance for leased premises subsequently destroyed, right to re- cover. 1912B-1117; 1913A-1098. Taxes, illegal tax paid "under protest," recovery of. 8-669; 10-1050; 1913D- 56S; 1915A-495. payment to avoid imposition of penalty (including forfeiture of right to do business) as involuntary payment. 1913C-1052. Tuition fees, recovery back of advance payment on expulsion or withdrawal of pupil from school. 1915D-313. Usury voluntarily paid, right of recovery. 1-421. Vendor and purchaser, money paid by purchaser of land before notice of prior equity in other than vendor, re- covery back. 21-464. purchase price under deed or contract by married woman invalid for want of acknowledgment or by reason of defective acknowledgment. 1918E- 632, 651. Yerbal contract for sale of land, right of purchaser to recover money paid under contract. 2-931; 1918C-432. PAYMENT INTO COURT. See Tender. PAY STATION. Duty and liability of telephone company with respect to public station. 19J5D- 1087. 660 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PEACEABLE DISPOSI- TION. Animals, admissibility of peaceable dis- position of animal in action for in- juries caused by it. 1914B-1276. PECUNIARY CONDITION. See Financial Circumstances. PECUNIARY INTEREST. Meaning of requirement in life or benefit policy that beneficiary have "more than pecuniary interest" in life of insured. 1914D-1123. PEDDLERS. See Hawkers and Peddlers. PEDIGEEE Continued. Declarations of relationship to decedent, admissibility in behalf of relative of declarant who is claimant of dece- dent's estate. 1915C-1044. Family record, admissibility of entry to show pedigree where person making entry is alive. 6-59. Hearsay evidence, whether must be con- fined to ancient facts. 1914A-822. PELVIS. Fracture or injury, excessivenesi or in- adequacy of verdict. 16-34; 1913A- 1373; 1916B-434. PENALTIES. See Fineg and Penalties. PEDESTRIANS. Automobile drivers, rights and duties toward pedestrians in highway. 21 652; 1916E-666. Coal-hole in sFdewalk, legal liability for injuries sustained by pedestrian. 19 466; 1917D-494. Kailroads, crossing track ahead of train known to be approaching, right of pedestrian to recover for injuries re- ceived. 21-1173. Scaffold for repairing or painting build- ing, liability of owner of building for injury resulting to pedestrian. 1916C-123. Street railways, duty of pedestrian to stop, look and listen before crossing tracks. 3-334; 1915B-690. rounding curve, liability of company for street-car striking pedestrian. 1916E-679. Streets and highways, injuries sustained by defect or obstruction in highway, right to recover as affected by fact of diversion of attention preventing discovery. ' 16-969; 1916B-1009. rights and duties of pedestrians and vehicles on highways. 4-398; 1914 A- 249. PEDIGREE. Census reports as evidence. 9-882. PENDENCY OF SUIT. See Abatement and Revival. PENDING. When action is "pending." 1912A-S43; 1914D-1007. PENITENTIARY. See Prisons and Prisoners. PENITENTIARY GUARD. Exemption from statute against carrying concealed weapons. 1914A-256. PENNY ARCADE. Operator as dealer. 1917A-960. PENSIONS. Attorney's fee for collection against fed- eral government, validity and con- struction of statute limiting amount. 19180-863. Confederate soldiers, validity of state stat- ute pensioning. 1915C-282. Execution sale of property bought with pension money, injunction against. 1918C-220. Exemption from execution of pension of bounty. 17-1191. PEONAGE PERIODICALS. 661 PENSIONS Continued. Fire department, statute providing com- pensation for injury or death of fire- man as constituting pension. 1917C- 1140. Forged pension check, right of United States to recover money paid to bank which has cashed. 16-1189. Mandamus to review action of officers or board in pension matters. 8-950. Municipal employees, validity of statute or ordinance providing pensions. 1912C-545; 1918D-454. Police department, validity of statute or ordinance providing pensions for members. 1912C-545; 1918D-454. Public officer or employee, pension as af- fected by his bankruptcy. 1916D-629. Soldiers' howe, effect on pension of pen- sioner becoming inmate. 1916C-854. State grant to war veterans, validity of statute. 1913B-951; 1915C-282. Vested right of pensioner to pension. 19150-751. Witnesses, -violation of pension law as crime for which witness may be im- peached. 1916A-277. PEONAGE. Constitutional and statutory provisions concerning. 3-321; 7-959; 14-1118; 1915B-498. PER CAPITA. Wills, bequest to be divided equally among persons standing in different relation- ships to testator as requiring division per capita or per stripes. 1916C-411. PERCOLATING WATER. Liability of owner of artificial reservoir for damages caused by percolation of water. 5-681; 13-219. Eight of owner of land to waste percolat- ing waters to injury of neighbor. 4r- 357. PER DIEM COMPENSA- TION. Bight of public officer to compensation for time in going to and returning from official business. 1915B-593. Sunday allowance of compensation under per diem rule. 1912C-807. PEREMPTORY CHALLENGES. See Jury. PERFORMANCE. Accord and satisfaction, partial .perform- ance following accord as constituting satisfaction. 1914C-152. Brokers, what constitutes performance en- titling loan broker to commission. 1918C-609. Contracts, prevention of performance, rem- edies of party. 1-427; 12-1108; 1913C-384. Frauds, statute of, performance by one party of contract capable of being performed within one year, validity of contract within, statute. 13-916; 1915C-548. Bewards, sufficiency of performance to entitle person to reward. 8-860; 14- 802; 1915B-667. Wills, impossibility of performance of con- ditions in will, effect. 17-433. PERIL OF THE SEA. Animal insurance policy as covering loss "by perils of sea. 1915A-618. Damage by sea water as result of peril of sea within contract of affreight- ment. 15-750. Marine insurance, "peril of the sea" within policy. 1912D-1038. PERIODICALS. Title of periodical as subject of trade- mark. 14-274. Trademark or trade name as infringed by similar name. 1915B-331. 662 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PERISHABLE GOODS. Duty of carrier to ice cars containing perishable freight. 10-171. Injury by freezing as rendering carrier liable for loss of goods transported. 3-454. What constitutes perishable property de- livered to a carrier for transportation. 1915O509. PERITONITIS. Accidental injury within terms of accident insurance policy. 2-14,1. PERJURY. 1. In General. 2. Indictment and. Information. 3. Evidence. 1. In General. Acquittal of crime, effect upon perjury committed during trial. 1-163: li- 754. Affidavit for change of venue or judge, assignment of perjury on. 1912A-866. Commission of offense in another jurisdic- tion, prosecution for. 19-781. "Crime" for which witness may be im- peached, perjury as constituting. 1916A-277. Distinction between false swearing and perjury. 8-881. Instruction or comment by court to effect that perjury has been committed at trial, propriety. 1917B-128. propriety of instruction that if jury do not believe testimony of witness they must deem him guilty of perjury. 1912D-279. Judgments obtained 'by perjury, damages as recoverable therefor. 18-23. equitable relief against judgment ob- tained by perjured testimony. 3-83; 10-1107. injury to person resulting from judg- ment obtained by false swearing, right to recover damages. 1913C 802. Libel and slander, excessiveness of ver- dict based upon imputation of perjury. 1913B-702, 707. PERJURY Continued. justification for charge of perjury, ne- cessity that it be of precise charge. 1918C-1136. quantum of proof essential for justifi- cation of defamsitory charge. 7-1158. Malicious prosecution for perjury, exces- siveness or inadequacy of verdict. 1916C-260. 'probative force in action of conviction procured by perjury. 15-488. Material testimony, as to which charge may be laid, what constitutes. 3-945; 19-364. Oath, form as affecting crime of perjury. 1914B-595; 1916A-497. Regularity of judicial proceeding as affect- ing charge of perjury. 3-870; 11-711. Subornation of perjury, civil liability for procuring. 18-25. inducement to commit offense with view to prosecution as constituting defense. 17-298. what constitutes offense of attempting to suborn perjury. 17-1182. Witness committed for perjury during trial as prejudicial error. 19-423. 2. Indictment and Information. Administration of oath, necessary allega- tions as to person administering oatb. 9-765. Form of indictment, construction of stat- ute prescribing form. 1918C-561. Sufficiency of indictment as to "assign- ment of perjury." 17-921. Variance between pleading and proof as to date of false swearing, effect in prosecution for perjury. 21-1157. 3. Evidence. Contradictory statements of defendant, conviction for perjury thereon. 13- 731. Conviction for crime as conclusive evi- dence against accused in subsequent prosecution for perjury in denying guilt. 13-369. Defendant's testimony, necessity for proof of all of it in prosecution for perjury. 1912C-1074. PERMANENT EMPLOYMENT PERSONAL PROPERTY. 663 PERJURY Continued. Former proceeding, manner and sufficiency of proof in prosecution for perjury. 17-265. Number of witnesses and corroborative evidence necessary to support convic- tion for perjury. 6-812. Statements made by defendant before grand jury as admissible in evidence. 9-1216. PERMANENT EMPLOY- MENT. Effect of agreement therefor. 1913D-218. PERSON. "Any person," legal meaning. 1916E-69. Contraband of war as including persons. 15-241. Meaning of "person" in statute regulating sale of poison by druggist. 20-494. Natural laws relating to human beings, judicial notice. 18-586. Penal statutes, corporation as "person" within statute. 1916C-462. Private corporation as included under term "person." 20-737; 1914A-1308. Social club distributing liquor to member as person within statute regulating liquor traffic. 1912A-1089. PERMITS. Erection or repair of buildings within city, validity of ordinance requiring. 13 1187. PERSONAL INJURIES. See Damages; Negligence; Physical Ex- amination; Release and Discharge; Workmen's Compensation. PERPETUITIES. Bequest for support or establishment of public schools as violation of rule against. 8-928. Charity not in existence and beginning of whose existence is uncertain or con- tingent, validity of gift thereto within rule against perpetuities. 1913A-139. Contemporaneous or prior interests as af- fected by perpetuity. 5-431. Gift for establishment of home for persons of particular class as within rule against perpetuities. 1917E-866. Mineral rights, validity of reservation in perpetuity. 1912D-886. Mortmain statute, gift in violation as void or voidable. 10-1030. Option to purchase realty as violating rule against perpetuities. 15-382; 1916D- 577. Partial or limited restraint on alienation of fee-simple 'estate, validity. 7-319. Trust of indefinite duration for mainte- nance, repair, etc., of residence or homestead as offending rule against. 1914B-551. Wills, invalid clause against perpetuities as affecting clauses otherwise valid. 3-951. PERSONAL PROPERTY. 1. In General. 2. What Constitutes Personalty. 3. Evidence of Title and Value. 1. In General. Attachment, what is sufficient levy on per- sonal property. 1916B-984, 1000. equitable interest in personalty as sub- ject to attachment. 11-669. Bankruptcy of owner of personal property as affecting title in foreign country. 21-1040. Creditor's bill, interest in personalty gen- erally as reachable. 1914B-955. property fraudulently conveyed as reach- able. 1914B-949. Destruction or injury, measure of damages recoverable where personal property is partly destroyed or injured by neg- ligent act. 1915B-795. Disparagement as libel or slander. 8-810; 1914B-841; 1914D-1151. Divorce, wife's right to restoration of her personalty in action for divorce. 21- 1104. Duress of personalty to enforce compulsory payment. 1913A-1354. 664 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PERSONAL PROPERTY Continued. Eminent domain, damages for injury to or expense of removal of personal prop- erty from premises. 8-696; 16-787; 1918B-886. Execution sale of personalty, injunction against. 1918C-205. Forfeiture of personal property on abate- ment of bawdy-house as nuisance. 1915D-552. Husband's right as against wife to dispose of his personalty during coverture. 10-1053; 1918B-934. Inconsistent defenses in action relating to personalty. 1917C-725. Judicial or sheriff's sales in parcel or en masse. 8-745. Jurisdiction of action to recover person- alty located in another state. 1912B- 838. Life estates, increase in value of person- alty under life tenancy, who entitled to. 1916B-128. Lost or abandoned property, title of finder. 1-4. Quieting title to personalty, right to bring, equitable action. 1914B-344. Recaption, right of owner to recover pos- session of personal property by neces- sary force. 6-503. Shelley's case, application of rule to per- sonalty. 12-839. Specific performance of personal property contracts. 5-269; 10-934; 1915D-788. Tenants in common, personalty as subject to creation of estates of cotenancy. 1917B-97, 105, 121. Warranty of title on sale, measure of dam- ages for breach. 7-937; 1912B-1340. 2. What Constitutes Personalty. Agreement fixing character of property as realty or personalty. 1-312. Articles brought on premises to be annexed, character as fixtures or personalty before annexation. 4-1160. Building placed on land of another by permission as realty or personalty in absence of agreement as to subse- quent ownership. 12-1088. Crops, growing or standing crops, as personalty subject to replevin. 5- 480. PERSONAL PROPERTY Continued. Fruit crop growing on trees as realty or personalty. 1912C-736. Lunatic's realty, proceeds of sale as realty or personalty. 1915A-158. Mirrors as personalty or realty. 1-687. Partnership realty, when regarded as per- sonalty. 11-269; 1912D-1207. Poles and wires of telegraph, telephone or electric companies as personalty or realty. 9-1192. Real estate acquired by personal repre- sentative for benefit of estate as realty or personalty. 7-703. Rent, accrued rent as personalty or realty. 1918A-151. Stoves and heating apparatus as realty or personalty. 2-375. Trees, when may be considered as per- sonalty. 9-193. Wills, money as included by use of term "personal property" in will. 1913D- 857. 3. Evidence of Title and Value. Declarations or admissions of grantor of personalty made while owner thereof as evidence against grantee. 1912C 1210. Title to personalty, direct opinion of wit- ness as admissible to prove ownership. 1912C-664; 1916D-289. oral testimony, admissibility to prove title when written evidence exists. 1914C-118. unprobated will, admissibility to prove title. 1916A-888. Use of personalty, evidence admissible to show value of use. 1914B-808. Value, price paid for personal property as evidence of its value. 1916D-797, 805, 810. PERSONAL REPRESENTATIVES. See Executors and Administrators. PERSONAL SERVICES. Child's right to recover for services ren- dered during minority to person stand- ing in loco parentis. 20-391. PERSONAL TRUST AND CONFIDENCE PHONOGRAPHS. 665 PERSONAL SERVICES Continued. Fraud in inducing personal services with- out intent to pay therefor, right of action. 1916C-172. What is contract for services within rule that damages for breach may be miti- gated by earnings of employee in other employment. 1914A-810. PERSONAL TRUST AND CONFIDENCE. Agent's contract involving personal trust and confidence, right of undisclosed, principal to enforce. 15-238. Assignability of executory contract as af- fected by element of trust and con- fidence. 15-370; 1915D-291. PERSONAL VIOLENCE. Injury resulting to workman as accident in course of employment within Work- men's Compensation. Act. 1913C-9, 10, 11, 12. PER STIRPES. Bequest to be divided equally among per- sons standing in different relation- ships to testator as requiring division per capita or per stirpes. 1916C 411. PESTHOUSES. Municipal liability for negligence in re- spect to condition or performance of services incident to. 4-624; 1918D- 803. Nuisance, municipal hospital for conta- gious diseases. 6-823. PETITIONS. Drainage district, requisites of petition for organization. 1915C-16. Initiative of referendum, requisites end sufficiency of petition. 1916B-821, 855, 866. Libel and slander, petition for legislative or executive action as privileged. 1918A-462. Petitioner as "freeholder." 1913D-327. PETITIONS Continued. Public improvements, who may petition for or remonstrate against. 1918E- 837. Eecall of public officers, petitions for. 1916A-1163. Signatures, necessity that petition be actu- ally signed as presented, instead of having signatures detached from other like petition and affixed thereto. 14- 486. Withdrawal of name, right of signer before petition is acted on. 15-1125; 1913A-43. PETROLEUM. Flow on to adjoining land, liability of mine or well owner for injury caused. 1914D-70. Mineral product. 20-937; 1913B-1214. Public lands occupied for oil exploration, withdrawal from settlement. 1918C 1009. discovery of petroleum sufficient to sup- port location as placer claim. 15-629. Sale of petroleum products, statutory regulation. 18-783; 1917A-167. Waste by private owner, constitutionality of legislation to prevent. 4-213; 16- 1001; 1912C-165. right of land owner to waste to injury of neighbor. 4-357. PEWS. Eights of pew owner as affected by trans- fer of church property. 1913C-476. PHALANGE. What constitutes loss within Workmen's Compensation Act. 1918A-539. PHARMACISTS. Se Druggists. PHONOGRAPHS. Keproduction of sound as evidence. 285. 10- 666 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PHOTOGRAPHERS. Trade, photographer as engaged in. 1916A-1200. PHOTOGRAPH GALLERY. Building restrictions affecting location. 1914A-12. PHOTOGRAPHS. Expense of taking photograph, personal liability of attorney. 1917B-526. Foundation for introduction of photo- graphs in evidence. 1-161; 10-962. Identity of dead body, admissibility of photograph in evidence to establish. 1918C-703. Other use of photograph made or received for particular purposes, right to make. 9-1016; 1914B-376. Person accused of crime, right to photo- graph. 8-1176; 16-1125. Publication of person's photograph as that of another as libel. 9-866; 16-1077. Sale, display, or printing cuts from photo- graph, right of action. 2-574. Weight of photographs as evidence. 15 98; 1913D-1277. X-ray photographs as evidence. 8-435; 1916A-776; 1918D-998. PHYSICAL ABILITY. Injury impairing, inadequacy of verdict. 1916B-419. PHYSICAL AND MENTAL WRECK. Excessiveness of verdict for injury caus- ing. 16-51. PHYSICAL CHARACTER- ISTICS. Admissibility of evidence to establish iden- tity of dead body. 1918C-700. Eace to which person belongs, physical characteristics as evidence. 1914A- 461. PHYSICAL CONDITION. Child's physical condition as consideration in determining right to its custody on habeas corpus. 1914A-755. Death by wrongful act, deceased's physical condition, admissibility of evidence to show. 1916E-652. person for whose benefit action is brought, admissibility of evidence of physical condition. 1912C-266. Homicide, admissibility of evidence of rel- ative physical condition or strength of parties on issue of self-defense. 19-124. PHYSICAL EXAMINA- TION. Criminal law, bodily exhibition of accused demanded in presence of jury as vio- lation of constitutional privilege. 1912D-262. evidence obtained by physical examina- tion of accused, admissibility. 15- 1206. power of court to compel defendant to submit to physical examination. 1912D-227. Impotency of defendant in action for di- vorce or annulment of marriage on that ground, physical examination to determine. 1913A-131. Power of court to compel submission to physical examination. 1-266; 4-611; 11-844; 1915D-767; 1917D-351. Public officer, power to compel submission to examination. 1912A-137. Workmen's compensation, second examina- tion of injured workmen as allowable under act. 1915C-918. PHYSICAL FACTS. Testimony contrary to physical facts as withdrawable from consideration of jury. 15-1190; 1917B-475. PHYSICAL INCAPACITY. Fellow-servant, evidence of general reputa- tion for incapacity, in action by ser- vant against master. 18-929. PHYSICIANS AND SURGEONS. 667 PHYSICAL INCAPACITY Continued. Partner's physical incapacity as ground for dissolution of partnership. 1913D- 1151. Servant's physical incapacity as deter- mining incompetency. 1912C-100. PHYSICIANS AND SURGEONS. 1. In General. 2. Practice of Medicine. 3. Statutory Regulation. 4. Employment and Compensation. 5. Malpractice. See Dentists; Veterinary Surgeons. 1. In General. Carriers of passengers, duty of carrier by water to furnish medical services and hospital accommodations to passen- gers. 20-1021. unskillful treatment by physician as affecting passenger's recovery of dam- ages for personal injuries. 21-51G. Death certificate of physician as evidence. 1018C-761. Duty of person injured by negligence of another with reference to securing physician. 19-979. Evidence, competency of physician to tes- tify in respect to wound or injury where he has not had similar case. 14-137. patient's statement to physician relat- ing to history of case, admissibility in evidence. 14-449. Husband and wife, liability of wife for medical attendance on husband. 5 S32. Inducement to violate law regulating practice with view to prosecution as defense to such prosecution. 1916C- 733. Intoxicating liquor, burden of proof of sale as physician or on prescription of physician in prosecution for illegal sale. 1913C-637. statute regulating sale of liquor on pre- scription of physician, construction. 1918E-916. PHYSICIANS AND SURGEONS Con- tinued. Libel or slander, imputation of ignorance, incompetence, etc., to physician or dentist as constituting. 20-482. Master and servant, failure to furnish medical aid to injured servant, lia- bility of master. 1915D-507. Mental healing, advertisement with re- spect to as scheme to defraud within federal statute prohibiting use of mails in furtherance thereof. 1914D- 1244. Privileged communications, autopsy, in- formation acquired by physician as privileged. 1913C-689; 1916D-709. information acquired respecting patient before or after existence of relation, right of physician to testify to. 1916B-778. insurance contract, express stipulation therein for waiver of privileged com- munication to physician. 10-57. mental condition of testator, right of physician who attended him before death to testify. 1912B-1039; 1918A- 1050. necessity that information should be necessary for treatment in order to make it privileged. 15-582; 1916 A- 403. physician within statute relating to privileged communications, who is. 1913A-56. records of hospital or other institution as within rule of privileged com- munications between physician and patient. 1915D-151. statement by physician to patient as privileged. 21-369. testimony of physician with respect to victim of crime as subject to objec- tion by defendant in criminal case. 1913E-8S4. third person overhearing communica- tions between doctor and patient, right to testify to. 10-179. waiver of* privilege by bringing action or introducing evidence concerning disease or injury. 13-945; 1915A-438. "Profession" or "professional," legal meaning. 1913E-242. Eelease of claim as voidable for misstate- ment by physician as to nature of in- juries. 20-750; 1918A-358. Religious belief as defense to criminal prosecution for failure to fur- 668 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PHYSICIANS AND SURGEONS Con- tinued. nish medical attendance to another. 1913B-1221. "Trade," physician as engaged in. 1916A- 1200. Workmen's compensation, medical exami- nation of workmen, provisions in acts respecting. 1914C-86. refusal to submit to surgical operation as affecting right to compensation under act. 1915D-482. 2. Practice of Medicine. Chiropractic as practice of medicine. 1913C-4S4; 1916A-861; 1917E-1165. Christian Science treatment of disease as practice of medicine. 2-904; 7-377. Dentistry as embraced within meaning of practice of medicine. 16-488. Massage treatment of disease as practice of medicine. 1913C-480; 1916A-861; 1918B-1119. Midwifery or obstetrics as practice of medicine. 13-571. Nursing as constituting practice of medi- cine. 1918E-687. Oculists or opticians as within statute regulating practice of medicine. 9- 203. Osteopathy as a medical or surgical pro- fession. 1-51; 7-377. 3. Statutory Regulation. Advertisements, assumed name, statute prohibiting physician advertising under as violating constitutional liberty of speech and press. 1915B- 11 S6. statutes prohibiting advertising with respect to practice of medicine. 1916A-908. Christian Science, special regulation. 1917B-798. Corporations, right to practice medicine. 19-882. criminal liability for advertising prac- tice of medicine. 1916C-465. Drugless healing, special regulation. 1917B-798. PHYSICIANS AND SURGEONS Con- tinued. Itinerant physicians or venders of drugs, statutory regulation. 10-401; 1913D- 1242; 1917A-1093. Licenses, partial invalidity of statute re- lating to license regulations, effect. 1916D-57. revocation of licenses, validity and ef- fect of statute authorizing. 7-752; 9-127; 1912A-634; 1915D-1194. vested rights of previous practitioners as impaired by statute requiring them to take out licenses. 5-1005; 19-833; 1914B-399. Oculists, special regulation of persons treating ocular diseases. 1917B-803. Solicitation of business through agents, validity of statute prohibiting. 7- 157. Statutory regulation of practice of pro- fessions. 1-18; 7-157. Employment and Compensation. Competency of physician as witness in action by him against decedent's es- tate for services rendered deceased. 8-147. Consultation with, or attendance by phy- sician, what constitutes within mean- ing of application for life insurance. 17-1203; 1913B-752. Financial condition of defendant, admissi- bility of evidence in action by physi- cian for services. 11-655. Implied authority of officers, agents or servants to contract for medical, sur- gical or other attendance or supplies for sick or injured persons. 3-570; 1912C-474; 1918A-791. Patient unconscious or otherwise incapa- citated to contract, right of physician to recover for services rendered. 13- 27. Paupers, liability of municipality for med- ical attendance furnished pauper. 1916D-183. Public physician, right to recover extra compensation for services in case of epidemic. 1915D-1196. Request to physician to attend third per- son by one under no obligation to furnish, as implying agreement to pay for services. 1914C-587. PIANOS PIGSTY. 669 PHYSICIANS AND SURGEONS Con- tinued. Surgical operation, consent as affecting right to perform. 5-306; 8-196; 1916C-1105. Unlicensed practitioner of medicine or surgery, right to recover for services rendered. 2-605. 5. Malpractice. Care and skill required of physicians and surgeons. 1-21. degree required of physicians. 1-306; 14-605. Carriers, liability of railroad or steamship company for negligence of company physician or surgeon. 1912B-935. Damages, excessiveness or inadequacy of verdict. 1916C-1078, 1081; 191SA- 389. Diagnosis, liability of physician for mak- ing wrong diagnosis. 1917D-708. Evidence, testimony of practitioners of different schools. 1-21. Foreign substance left in wound or open- ing for surgical operation, liability of physician or surgeon. 19-190; 1913E- 1010; 1917D-670. Indemnity insurance against liability for malpractice. 1916E-1159. Insane persons, liability of physician for issuance of certificate of insanity under which person is unlawfully de- tained In insane asylum. 1917C-162. Lack of diligence in attending patient, liability of physician. 1912C-831. Liability for malpractice as dependent on express contract of employment or promise to pay for services. 1915A- 259; 1917E-682. Limitation of actions, concealment by physician as suspending statute of limitations against action. 1914B- 908. Malpractice, action as based on contract or tort. 1912D-S66. Partnership, liability of firm for negli- gence of partner. 16-333. Res judicata, recovery by physician for services as bar to action for mal- practice. 1914B-645. PHYSICIANS AND SURGEONS Con- tinued. Specialist, degree of care required of physician or surgeon who holds him- self out as specialist. 1915D-1124. Test before operation, failure of surgeon to make as malpractice. 1918A-883. X-rays, liability to patient for injuries caused by use. 1912C-1124; 1916B- 341; 1918E-258. PIANOS. Exemption from execution. 1914D-508. PICKETING. Injunction as remedy against picketing. 4-783. Lawfulness or unlawfulness. 13-60; 191SE-54. v 1 . PICNIC. Noise arising from picnic as nuisance. 1912B-428. PICTURES. Agents selling frames as within hawker and peddler regulations. 1912D-1293. Infringement of common-law right of property in unpublished picture, right of action. 15-135. PIECEWORKER. Workman under English Compensation Act. 1913C-29, 30, 31. PIERS. See Wharves. PIGS. See Hogs. PIGSTY. "Outhouse" or "out-buildings," term as including pigsty. 1912D-1195. 670 INDEX TO THE NOTES, 1 ANN. AS. TO ANN. CAS. 1918E. PILE-DRIVERS. Workmen's Compensation Act as applica- ble to employment of pile-driving. 1917D-26. PILOTS. Liability of pilot for negligence. 13-949. Pilot association, liability for negligence of pilot. 13-950. Relative rights and duties of pilot and master of vessel. 10-382. Seamen and pilot as fellow-servants. 21 113. Signal light on pilot boats, display while at anchor. 16-553. Statutes relating to pilots, effect of par- tial invalidity. 1916D-78. PIPES AND PIPE-LINES. Gas-pipe, defect in customer's pipe as af- fecting liability of gas company for injury. 1914C-348; 1916E-277. Interference with pipes by municipality in making public improvements, rights of gas or water company. 6- 390. Mechanic's lien, laying pipes for gas, water and sewer connections, as sub- ject to. 1912B-16. Pipe-line as additional servitude upon rural highway. 9-1033. Relaying necessitated by public improve- ments in streets as entitling owner to damages. 6-391. Water-pipe, duty of water company to lay without charge to consumer. 1912B- 546; 1916E-1297. municipal regulation in highways. 10- 1100. third person's liability to landlord for laying pipes. 1912D-126. underground pipes, liability for injuries caused. 1916C-1050. PITS. Attractive nuisance doctrine as applicable to pit made by city. 1915C-28S. pit filled with water in abandoned pump-house, liability of municipality. 1915C-304. PLACE. "Any place," legal meaning. 1916E-77. "At," as word of place. 1912B-1071. Bills and notes, indorsement of negotiable instrument, presumption of place. 5 160. presentment of demand note, necessity at place named for payment. 7-693. Carriers, ejection of passenger from train, place where carrier may eject. 19120- 488. passenger ticket, place of purchase as fixing place of contract. 1912C-542. Elections, mark for candidate, validity of ballot with respect to place. 1917E- 657. polling-place, effect of change upon va- lidity of election. 17-1090; 1914D- 550. Employment contract fixing place, change of place as breach of contract. 20- 666. "From" as word of inclusion or exclusion in determination of place. 15-29; 1918A-928. Gaming or betting, construction of word "place" as used in statute. 7-240. Intoxicating liquors, delivery of C. O. D. shipment as fixing place of sale. 13- 828; 1912D-9S3. Mortgage sale under power of sale at courthouse door, proper place where courthouse is removed o'r destroyed or there is more than one. 11-166. Newspaper publication, place of. 1913E 295. PLACE OF ABODE. Meaning of term. 1912C-2S2. PLACE OF BUSINESS. Closing at certain hour, validity of stat- ute or ordinance requiring place (other than liquor saloon) to close. 1918D-200. Corporation, what is principal office or place of business. 19-959. PLACE OF EXECUTION PLAY. 671 PLACE OF EXECUTION. Bills and notes, place of execution. 1915D-1135. Insurance contract, what is place of exe- cution. 19-42; 1913B-926. PLACE OF INJURY. Amending complaint in action against municipality for injuries from defec- tive street or sidewalk by changing description of place of injury as in- troducing new cause of action. 1915B-219. PLANS Continued. property in plans. 2-714. Building contract construed in connection with plans and specifications. 224. 1913C- Defective plans for public improvement as imposing liability on municipality for resulting injury. 4-1089; 14752. PLANT. Meaning as used with reference to busi- ness. 1917A-317. PLACE OF PAYMENT. Contract not specifying place of payment, where payable when parties are resi- dents of different states or countries. 1912D-1014. Parol evidence to show, admissibility un- der contract silent as to place of pay- ment. 1916E-366. Rent, place of payment. 1913C-1198. PLACE OF PERFORM- ANCE. Contracts governed by laws of place of performance. 1-88. PLACE OF TRIAL. See Venue. Hearing in camera, right of court in mat- rimonial action. 1913E-639. Power of court to try case at place other than courthouse or courtroom. 1917E- 1050. PLACE OF WORSHIP. Meaning within statute against disturb- ance. 19-452. PLAINTIFFS. See Parties. PLANS. Architect, liability for error in plans. 1915C-872. PLATE GLASS INSURANCE. Liability of insurer. 1912A-1091; 1915B- 191. PLATFORMS. Lights, liability of master for injuries to servant resulting from insufficiently lighted platform. 20-18. Passenger injured while riding on plat- form, liability of carrier. 1-315; 10- 816; 1914A-563. Proximity of track to platform, liability of railroad for resulting injury to person. 21-1180; 1916A-139. Eule against passengers riding on plat- form, validity and enforcement of rule. 1918C-534. Stopping alongside for passengers board- ing and alighting, duty of carrier. 1-917. PLATS. See Dedication. Eeservation of land on map or plat for specified purpose as dedication thereof to public. 1916D-1079. Sale of lots according to plat aa effecting dedication of park or square thereon. 17-312; 1917B-197. PLAY. Injury sustained from playing upon de- fective highway, liability of munici- pality. 4-250; "l9-973. 672 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PLAY Continued. Liability of infant for injuries caused while at play. 1912C-177. Servant injured through playful or mis- chievous acts of fellow-servant, liabil- ity of master. 1912C-422. Vacant lots used for playing games, right to enjoin owner. 14-177. PLAYWRIGHTS. Construction of contract with playwright. 1914B-14; 1917C-397. PLEADING. 1. In General 2. Construction. 3. Complaint or Declaration. 4. Answer or Plea. 5. Reply. 6. Demurrer. 7. Amendments. A. GENEBALI/S 1 . B. TIME OF AMENDMENT. C. EFFECT OF AMENDMENT. 8. Verification. 9. Filing. 10. Issues, Proof and Variance. 11. Pleading as Evidence. 12. Particular Proceedings. 1. In General. Attorney's liability to client for negligence with respect to pleadings. 1917B-25. Chambers or in vacation, power of court with respect to pleadings. 1916A- 122S. Constitutionality of statute, determination on pleadings alone. 1914D-468. Corporation as including municipal corpo- ration in statute relating to allega- tions of corporate existence. 1913B- 747. Libelous charge of commission of acts in foreign jurisdiction, pleading as constituting. 1-199. Lost or destroyed pleading or similar paper filed in action, parol proof of contents. 1916D-253. PLEADING Continued. Overruling plea on court's own motion, right of court. 15-250. Power of court to pass on pleadings in action of libel or slander under stat- ute empowering jury to determine law and facts. 1915D-1268. Review of court's ruling on sufficiency of pleadings, prohibition aa remedy. 1913D-59G. 2. Construction. "About," meaning when used with refer- ence to time in pleadings. 17-742. Alternative allegations in pleading, rule as to neutralizing each other. 1914A- 1239. "Case," meaning as used in sense of "ac- tion" or proceeding in pleading. 21- 671. Complaint framed on theory of cause ex delicto construable as permitting trial as action ex contractu. 8-529. ; "Contrary to law," phrase as covering ordinance. 1917C-691. "Et al." in place of names in pleadings. 14-571. "Etc.," legal meaning. 1912C-175. Exhibit and pleading in civil action, which governs in case of variance. 16-490. Felo de se doctrine, applicability. 15-90. "House" as including land. 1914B-1241. "Near," meaning of word as used in plead- ing. 1913D-123. "On or about" certain day, sufficiency with respect to allegation of time of personal injury. 1916A-217. Videlicet, office of. 1913A-493. 3. Complaint or Declaration. Ad -damnum clause, effect of omission in complaint or declaration. 21-241. Altered instrument, necessity of setting up ratification of alteration in action on instrument. 1917D-345. Appeal and error, sufficiency of complaint, right to question, for first time on appeal. 3-545. PLEADING. 673 PLEADING Continued. "Child" used in pleading, necessity of averring legitimacy. 1918B-261. "Dollars," effect of omission of word in declaration. 1915C-335. Executor and administrator, necessity of alleging suit as brought in represen- tative capacity. 1916E-114. Legal conclusion, genuine allegation of indebtedness as. 14-839. Limitation of actions, necessity of alleg- ing compliance with statute. 1-85. Setting aside judgment, necessity that plaintiff in equitable action plead meritorious defense. 1913E-124. Statutes, necessity of pleading public acts in action based thereon. 1-947. 4. Answer or Plea. Alteration of instrument on which suit is brought, necessity that defendant plead specially. 1913E-252. Champerty, how pleaded as defense. 19 519. Condition precedent, denial of allegation of performance. 7-611. Counterclaim, necessity of designating plea as such. 1913A-1079. Debtor and creditor, action on creditor's claim, pleading discharge in bank- ruptcy as bar. 1912A-550. Denial on information and belief of mat- ter necessarily within knowledge of defendant, effect. 1912C-149. Equity cases, necessity of pleading stat- ute of limitations as defense. S-379. General denial coupled with admissions, sufficiency. 13-884. striking out general denial as sham or frivolous. 1917D-1177. Inconsistent defenses within rules of pleading. 1917C-704, 750, 753, 757 Mitigation of damages, necessity of plead- ing matters specially. 10-219; 1914D- 897. Negatives pregnant. 1917A-668, 678, 681, 6S5. Nolo contendere, plea of. 1915B-12-13. Withdrawal of plea of statute of limita- tions, right to withdraw. 1914D-473. Index to Notes 43 PLEADING Continued. 5. Reply. Counterclaim, waiver of failure to reply. 1917D-619. Necessity of reply where answer pleads statute of limitations. 1914D-892. 6. Demurrer. Fraud, demurrer to general allegation of fraud as confession thereof. 14-368. Limitations of actions, raising bar of statute by demurrer. 1-85. Misjoinder of causes of action, demurrer for. 3-287. Multifariousness or failure to state cause of action as waived by filing an- swer on overruling demurrer. 1913B- 390. Objection to ruling on demurrer, amended pleading filed as waiver of order sus- taining demurrer. 19-306. other pleading filed as waiver of objec- tion to overruling demurrer. 1913B- 388. Speaking demurrers. 14-348. 7. Amendments. A. GENERALLY. Abatement, amendment of plea in abate- ment. 12-324. Additional ground of negligence as cause of same injury, amendment to com- plaint or declaration setting forth, as stating new caus'e of action. 1913D 742; 1916B-511; 1916E-1237. Amendment to complaint relying on same cause of action but curing demur- rable defects in original complaint as stating new caus of action. 1914C-1025.. Arbitration and award, amendment of pleadings before arbitrator. 20-603. Assault and battery, amendment in civil action to set up defense of justifica- tion. 21-116. Capacity in which suit is brought, amendment of complaint so as to change from representative to in- dividual one, or vice versa. 1916C- 401. 674 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. PLEADING Continued. Description of land in controversy, amendment of pleading in respect to. 14-455. Equity pleading, general rules as to amendment. 1-976. Limitation of actions, right to amend so as to set up statute. 1914A-24. Nonexistent plaintiff, amendment of pleading. 1917D-1196. Parties, adding or substituting new plaintiff suing for use of original plaintiff, right to amend petition or complaint. 1913B-110. changing character in which defendant is sued as bringing in new party. 10-150. new parties plaintiff, right to amend action by adding new parties. 1916C-591. Place of injury, amending complaint for damages for personal injuries by changing description of place of in- jury as introducing new cause of action. 1915B-219. B. TIME OF AMENDMENT. Ad damnum clause, amendment after ver- dict. 1913B-709. Appeal and error, amendment of pleading to conform to proof in appellate court. 1913E-1315. Default judgment, right to amend plead- ing thereafter. 1913B-481. Trial amendments. 5-674. C. EFFECT OF AMENDMENT. Answer to amended bill or complaint as requiring service of new answer. 1918A-205, 226. Continuance, amendment 1914A-1268. as ground. Divorce case, amendment as ground for continuance. 1914B-361. Process, amendment of pleading as re- quiring new process. 1913B-831. 8. Verification. PLEADING Continued. Corporation, manner and sufficiency of verification of pleading. 1913A-212. Divorce petition, necessity and sufficiency of verification. 11-799. Waiver of verification. 1918D-440. 9. Filing. Amicus curiae, right to file pleading. 1915A-196. Delivery of complaint to officer when not at office as "filing" thereof. 18- 251. Filing pleading out of time as affecting right to subsequently enter default judgment. 1915C-738. "Eequire," legal meaning of word in stat- ute relating to filing of pleadings. 1912A-1235, 1239. Time of filing as computed by exclusion or inclusion of Sunday or holiday. 1917E-939. 10. Issues, Proof and Variance. Exhibit and pleading in civil action, which governs in case of variance. 16-490. Mental weakness (not insanity), neces- sity of pleading in order to show. 1915B-454. Negligent acts not pleaded, right to re- cover upon. 1912A-641. Partial failure of consideration, ri^ht to show under plea of total failure. 1914B-758. Reversal of judgment for technical vio- lation of rule that allegations and proof must agree. 1913D-68. 11. Pleading as Evidence. Abandoned pleading, admissibility in evi- dence against pleader. 18-83. Admissions in pleading, admissibility and conclusiveness against pleader in subsequent action with stranger. 18-79; 1915C-735; 1918E-549. Infant defendants, admissions in answers in equity as evidence against. 4- 403. Appointment of receiver, necessity of Pleading superseded by amended plead- verification of bill or complaint. 1913A-608. ing as admissible against pleader. 1913A-1132. PLEADING. 675 PLEADING Continued. 12. Particular Proceedings. Agency, complaint in action for wrong- ful arrest against principal for act of agent, necessary allegations. 1914B-640. Alienation of affections, pleading in ac- tion against parent. 8-813; 1917E- 1020. wife's action for alienating husband's affections, necessary allegations of complaint. 1912C-1181. Alteration of instrument, necessity that defendant plead specially. 1913E- 252. Assault, justification, necessity of plead- ing in civil action. 21-114. Associations, pleadings in actions against unincorporated associations. 21-1092. Banks, excessive loan by national bank director, pleading in action against. 1912B-654. Bill of particulars, contributory negli- gence, right to bill with respect to defense. 1916B-110. criminal actions, bills of particulars. 1913A-1207. damages in negligence action, right to bill of particulars. 1916B-110. libel or slander, right to bill of par- ticulars. 1915C-1266. negligence actions, bills of particulars. 3-161; 1916B-105. Breach of promise of marriage, exemplary damages, necessary allegations of complaint to support recovery. 1914B-321. seduction in aggravation of damages, necessity of specially pleading. 5 108; 1914B-1201. Building contracts, necessity of alleging excuse for nonproduction of archi- tect's or engineer's certificate. 5 721; 19-905. Burglary insurance, pleading in action on policy. 1913C-1180. Carrier of goods or livestock, pleading contract stipulation limiting time to present claim. 9-23; 1914A-235. Checks, action on bank check, sufficiency of allegations of complaint. 1912A- 184. PLEADING Continued. Contempt proceedings in federal court, pleading in. 1915D-1053. Conversion, necessity that complaint al- lege time of conversion. 1913A-S79. Corporations, allegation of corporate ex- istence, what is sufficient in action by or against. 1913C-335. dissolution, sufficiency of bill or com- plaint by minority stockholders to wind up corporation. 1918E-431. noncompliance by foreign corporation with domestic' statutes, necessity of pleading specially. 9-492. Criminal actions, conditional plea of guilty, validity and effect. 1914A- 451. pleading over after plea of former conviction or acquittal, right to. 9- 130. withdrawal of plea of guilty. 8-237; 16-973; 1912D-243. Custom, necessity of pleading in negli- gence action. 1912B-1064. Damages, future disability, right to re- cover in absence of special allegation. 20-116. loss of earnings of married woman, necessity of pleading in action for personal injuries. 4-209. Death by wrongful act, necessitv of pleading statute of limitations in action. 19-819; 1916D-1241. Divorce, condonation as defense in di- vorce proceeding to be specially pleaded. 1912C-22; 1918A-660, 668. foreign judgment of divorce, necessity in action thereon of alleging that court had jurisdiction to render. 1913B-1193. recrimination as defense in divorce, necessity of specially pleading to per- mit introduction of evidence. 1913B- 674. residence of plaintiff, necessity of al- leging in complaint. 12-1092. Ejectment, necessity that defendant plead statute of limitations. 21- 1244. Employers' liability, necessary allega- tions in action under federal act. 1914C-171. Estoppel, necessity of pleading specially in action to recover real property. 1914C-1137. 676 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PLEADING Continued. False imprisonment, necessity of alleg- ing and proving want of probable cause. 12-35. False . representations, scienter, necessity and sufficiency of allegation in action for fraud. 16-646. Foreign corporation, compliance with do- mestic ' statute, necessity that com- plaint allege. 2-1005; 13-69. limitation statute, right of foreign cor- poration to plead. 1-9; 21-624; 1915D-913. Frauds, statute of, necessity of pleading where defendant denies contract. 1912D-46. Garnishment, necessity that garnishee specially plead defense of setoff. 15-706. Injunction, complaint supported by affi- davit based on information and be- lief as basis for injunction, suffi- ciency. 1-653; 18-817. execution sale, pleading in injunction against. 1918C-296. Insurance, election to avoid contract for breach of warranty, necessity of set- ting up. 14-91. Interest, necessity of claiming in plead- ing. 1912A-1223. Interpleader, necessity that bill or com- plaint show that alleged claim has reasonable basis on which to rest. 1913C-1196. Juvenile court proceedings. 1916E-1015. Libel and slander, allegations connecting plaintiff with defamatory matter, suf- ficiency of complaint. 13-3SO. averments with respect to publication and time and place, sufficiency in complaint for slander. 1918B-504. exact language of defamatory state- ment, necessity that complaint set out. 9-495. foreign language, pleading and proof of libel or slander in. 6-731. justification, necessity of pleading spe- cially. 1913E-704. mitigation of damages, necessity of pleading matters specially. 10-219. publication of pleadings before they come before court as privileged within law of libel. 11-162; 15-618; 1915A- 129. PLEADING Continued. statements by party in pleadings as privileged within law of libel. 12- 1025; 1913D-444. Life insurance, necessity of pleading insurable interest in action on policy. 3-538. Lost instruments, necessity of alleging loss in action on. 11-253. Malicious prosecution, continuance in force of judgment in original pro- ceeding, necessity of alleging. 1913E- 921. necessity of alleging in action that all defendants joined in instituting pro- ceedings complained of. 9-1175. Master and servant, assumption of risk and contributory negligence, pleading as defense. 18-967. injuries caused in operation of saw, complaint in action by servant. 1913C-13S. negligence of fellow-servant as defense to action for injuries by servant, ne- cessity of pleading by master. 1913A- 981. Negligence, contributory negligence not pleaded, availability as defense. 15- 433; 1913B-845. negligent act not pleaded, right of re- covery on. 1912A-641. rule as to complaint alleging proximate cause as applicable to injury from excavation in street. 1913E-82. two or more acts of negligence in one count, right to charge in action for damages for personal injuries. 1913C 101. Partnership, complaint in action against persons composing partnership, neces- sity of alleging fact of partnership. 1912A-512. Payment, as defense to action for exist- ing balance, necessity of pleading. 1912B-487. Penalties, complaint in action to recover penalty for violation of liquor stat- ute. 1916E-872. pleading statute of limitations as de- fense. 12-87. Personal injuries, allegation and proof that injury for which suit is brought was inflicted "on or about" certaiu day. 1916A-217. PLEDGE. 677 PLEADING Continued. impotency, necessity of pleading spe- cially in action for personal injuries. 1916C-383. Quieting title, cross-till in suit, right to affirmative relief. 1917D-674. Quo warranto, necessity of alleging in in- formation legal existence of office in question. 5-691. Eailroads, proper pleading in action against railroad for damages caused by its lessee. 9-6S2. Receivers, action by foreign receiver to recover assets, necessary allegations of bill or declaration. 5-573. Replevin, general denial in replevin, what may be shown under. 20-297. ownership or right to possession, neces- sity and sufficiency of allegation in complaint. 11-1150; 1912A-333. Sales, breach of warranty on sale of seed, pleading in action. 1918B-86. Setoff, necessity that garnishee plead de- fense specially. 15-706. Ships and shipping, pleading in proceed- ings to limit vessel owners' liability. 1913D-1235. Taxpayer's action, form of declaration or bill. 1913C-913. Usury, right to show under general denial in replevin. 20-301. sufficiency of complaint in action against national bank to recover penalty for taking usurious interest. 1912C-689. PLEDGE. 1. In General 2. Validity and Right to Make. 3. Rights of Pledgee. 4. Liabilities of Pledgee. 1. In General. Attachment of pledged chattel, -what ia sufficient levy. 1916B-997. Bank advancing money to shipper on se- curity of bill of lading with draft attached as pledgee of the goods. 14-1053. Chattel mortgage as distinguished from pledge. 1912B-962. FLEDGE Continued. Sale as distinguished from pledge. 1915A- 1082. Surety as discharged by negligence of creditor in enforcing collateral se- curity. 1912D-115. 2. Validity and Right to Make. Bank assets, power of bank to pledge to secure deposits. 1915C-171. Book accounts, manner of pledging. 18- 446. Corporate stock, validity of pledge not in writing. 6-481. Decedent's personalty, validity of pledge, by executor or administrator as against estate. 1912C-979. Factor or agent, right of principal to re- cover property or its value pledged without authority. 1913C-1290. Married woman, right to pledge property to secure husband's debts. 1917B-604. Negotiable note, transfer as security for antecedent debt. 1-275; 21-936. Pledge without delivery, validity as against pledger or person claiming through him. 11-793. Stock brokers, advancing purchase price of stock by broker for customer as constituting pledge. 6-107. assignment of contract for future de- livery on margin as constituting pledge. 1915B-940. right of broker to pledge stock of cus- tomer. 1915B-918, 943; 1917A-434. stock carried on margin, right of broker to pledge. 1912B-563. 3. Rights of Pledgee. Agent's pledge of personalty contrary to express instructions, rights of pledgee against principal. 1913C-612. Bills and notes, right of pledgee of note to enforce same against maker as affected by payment to pledgee of debt secured by note. 1914B-251. Corporate stock, action to preserve corpo- rate assets, right of pledgee of stock to maintain. 12-620. dividends, right of pledgee to collect. 3-725; 1913E-1057. 678 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PLEDGE Continued.. voting stock, right as between pledger and pledgee. 1912A-206. Foreclosure of mortgage by pledgee. 16- 125. Recourse against pledge after bar of prin- cipal obligation. 2-271; 14-S47. Sale of pledged property, debt or collat- eral given to secure debt, right of pledgee to sell. 1916B-237. private sale of pledged property by pledgee, validity. 4-1166. purchase of pledged property, right of pledgee. 1912A-524. 4, Liabilities of Pledgee. Conversion by pledgee, necessity of ten- der of debt secured before action can be brought against him. 10-1125. Corporate stock, liability for corporate debts or calls of person who holds stock as collateral security. 10-783; 21-108. Fiduciary capacity of pledgee or pledger within meaning of Bankruptcy Act. 1915A-1298. Lien, loss by temporary return of pledged chattel to owner. 1915B-1004. Loss due to depreciation in value after maturity of debt, liability of pledgee. 7-395. Property not owned by pledger, liability of pledgee as for conversion. 1914A- 345. Public property, liability of civilian for receiving in pledge from soldier or sailor. 1918R-523. Refusal to return pledge upon tender of debt, right of action of pledger against pledgee.- 18-719. PLEURISY. Injury resulting in pleurisy, inadequacy of verdict. 1916B-434. PLUMBERS. Dealer, plumber as "dealer." 1917A-960. License tax, validity and interpretation of statute imposing. 7-580; 18-1 SI; 1913E-1081. "Trade," plumber as engaged in. 1916A- 1200. PLUMBING. Defects in plumbing, duty of landlord to inform tenant. 1-679. PNEUMONIA. Disease as accident arising out of, and in course of, employment within Work- men's Compensation Act. 1918B-772, 779. Injury resulting in pneumonia, inadequacy of verdict. 1916B-434. POINTING WEAPON. Pointing unloaded firearm as assault. 13- 484. POISONS. Accident insurance, "poisoning" resulting from voluntary act within policy. 1- 255. Contributory negligence of injured person, his agents or servants as bar to ac- tion for sale of poison by mistake. 8-896. Possession by others than dealer, licensee, etc., validity of statute prohibiting. 1912C-972. Sale by druggists, construction of stat- utes regulating. 20-491. POLES. Assumption of risk, applicability of doc- trine to lineman. 1912B-467. Fall of pole of public service corporation, liability of municipality for injury resulting. 1913E-379. Force in setting telephone, telegraph or electric pole on land, use in aid of right. 1913E-476. Mechanic's lien, erection of poles for transmission of electricity as subject to. 1912B-16. Obstruction to view of approaching train, locomotive or street-car, telegraph, telephone, trolley, or electric light poles as. 20-295. Personalty or realty, telephone, telegraph and electric companies as constitut- ing. 9-1192. POLICE POLITICAL RIGHTS. 679 POLES Continued. Prescription, acquirement of right to maintain telegraph, telephone or elec- tric light pole. 1916E-981. Kevocation of right of electric company to maintain poles in street. 1917E- 525. Eight of person to cut down telegraph or telephone, erected on or in front of property. 14-579. POLICE Continued. Workmen's Compensation Act as applica- ble to policemen. 1917D-33. Wrongful act of officer in impounding or killing animal running at large, liability of municipality. 21-984. POLICE JUDGES. Parole powers. 1915C-565. POLICE. Buildings of police department, municipal liability for management and main- tenance. 13-763. Carrying concealed weapons, exemption from statute against. 1914A-256. Finger-print as part of police record. 1917A-418. Free transportation by carriers of passen- gers, validity of statute requiring. 1917C-92. Injunction against surveillance of busi- ness or amusement place by police- man. 5-483. Injury to policeman while on train or premises in discharge of official duty, liability of carrier or owner. 9-1123; 21-499; 1914B-518. Libel and slander, reports of proceed- ings as within rule of privilege under law of libel and slander. 1915A-37. Metropolitan police, validity of statute creating. 8-1162; 1917D-1112. Municipal liability for acts. 13-1017; 19130-471. Notice to policeman of defect in street as notice to municipality. 1914B- 168. Partial invalidity of statute relating to municipal police department, validity. 1916D-75. Pensions, validity of act providing pen- sion for police. 1912C-545; 1918D- 454. Public officer, policeman as. 19HD- 1235; 1917B-6G3. Removal, failure to enforce law as ground. 1918B-145. Theaters and amusement places, right to compel proprietor to furnish at own expense. 20-361; 1916A-1183. POLICE POWER. See Constitutional Law; Health; Labor; Licenses; Municipal Corporations. POLITICAL ACTIVITY. Public officer, validity of statute prohibit- ing. 1915A-558. POLITICAL BELIEF. Eligibility to office as affected by. 1915A-594; 1918D-1037. POLITICAL BIAS. Judge as disqualified by political bias or prejudice. 20-424. POLITICAL CANDIDACY Prohibitory statutes against advertising. 1916A-907. POLITICAL CRITICISM. Libel or slander by means of. 1914C- 997; 1917D-694. POLITICAL PARTIES. Campaign fund, corporate money con- tributed by officer of corporation as criminal offense. 10-320. Interference by courts with party gov ernment or nominations. 21-296. POLITICAL RIGHTS. Jurisdiction of equity to protect. 976; 1915C-989. 10- 680 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. POLL TAX. Classification for poll tax as affected by constitutional requirement of uni- formity. 1-639. Constitutionality of poll taxes. 12-317; 1917E-1208. Requiring citizen to work on highway aa imposing. 1912A-739. POOLROOMS. Eegulation and suppression as exercise of police power. 2-71. Turf exchange or poolroom as nuisance. 1915C-1033. What constitutes buying or selling pools within statute against gaming. 1916B-100. POLLUTION. Air and water, pollution by gas works as nuisance. 21-1250. Injunctive relief against independent acts of pollution by several per- sons, single suit by riparian owner. 9-516. liability in damages of persons polluting stream independently. 10- 773. Measure of damages for pollution of watercourse. 9-534; 21-1054. Mining operations, liability for pollu- tion of stream. 10-587; 1913D-1082. Penalty for polluting stream, validity and construction of statute impos- ing. 1914A-1180; 1917D-1094. Prescriptive right to pollute watercourse. 3-24; 1912C-182. Underground waters, liability for pollu- tion. 16-676. PONDS. Bathing in ponds, validity of laws pro- hibiting. 1913B-223. Drainage of ponds formed by surface water. 2-197; 11-1143; 1915C-971. Municipal property, attractive nuisance' doctrine as applicable. 1915C-288. Unguarded pond, liability of land owner for injury to trespassing child. 7- 200; 11-990; 1913A-1032; 1916C- 1085. POOL. Keeping pool-table as subject of exercise of police power. 11-66; 1913D-1052. Playing for the price of game as gambling. 2-619. POOR AND POOR LAWS. Almshouse, liability of municipality for negligence in respect to condition of or performance of services inci- dent. 4-624; 1918D-803. Attorney assigned by court' to defend indigent accused, right to compensa- tion. 1913E-206. Champerty and maintenance, assistance in prosecution or defense of suits as maintenance. 11-69. "Child" in statute relating to poor as including illegitimate child. 1918B- 257. Contribution between relatives support- ing paupers. 1915D-242. Judgment against principal as evidence against surety on bond to support poor. 1915D-410. Medical attendance furnished pauper, liability of municipality to individual for. 1916D-183. Municipal power to take property as trustee for support of poor. 17-749. "Necessary expense" incurred by super- intendent of poor, what is. 1918D- 928. Past maintenance, liability for. 1-35. Pauper or poor person, who is within poor laws. 20-756; 1916C-389. Relief of pauper, failure to furnish, lia- bility of municipality or proper offi- cers. 1913D-1074. Residence of pauper as synonymous with domicile. 1915C-790. Settlement rights, confinement in prison as affecting. 13-691. effect of division of district upon set- tlement rights of settled pauper. 10-32. Unsettled or transient pauper, liability for support. 1913C-82. POPULATION POSSESSION. 681 POPULATION. Census reports as evidence. 9883. Classification for legislation based on differences, validity. 15-856. PORCHES. Restriction against erection of building less than certain distance from front line of premises as applicable to porch. 1914A-13. PORTERS. Tips as part of "average weekly earn- ings." 1918B-1122. PORTRAITS. Contracts for painting portraits as within statute of frauds. 19-1306. Loss or destruction, measure of damages where no market value. 9-1148; 1917B-579. Moving pictures, unlawful use of por- trait. 1916C-308. Use other than particular purpose for which made or received, right to make. 9-1016; 1914B-376. POSSE. Carrying concealed weapons, exemption of member of posse from statute against. 1914A-256. POSSESSION. 1. Real Property. 2. Personal Property. See Adverse Possession. 1. Real Property. Eminent domain proceedings, taking pos- session before or after award as af- fecting right to interest as compen- sation. 15-109. Exchange of property, parol contract for exchange of possession as within statute of frauds. 1912A-309. Forcible entry and detainer, personal presence or mere occupancy as posses- POSSESSION Continued. sion sufficient to warrant action. 21-1226. Landlord and tenant, assignment of lease, necessity of occupation by assignee to create liability for rent. 1916E- 801, 842. delivery of possession, measure of dam- ages recoverable by tenant for fail- ure of landlord. 1915B-805. implied covenant by lessor to give pos- session to lessee. 14-402. Quieting title, agent's or tenant's pos- session of, land as sufficient to enable principal or landlord to maintain suit. 18-860. . limitation of actions, possession of plaintiff as affecting running of stat- ute against action. 20-44. necessity of alleging title or possession at time of commencement of action. 1913D-386. Slander of title, necessity of possession to support action for slander of title. 1913C-1361. Tenants in common, possession of one as creating liability to account for rents and profits. 18-1082. Trees or timber, possession as prerequisite to right of injunction against injury. 11-459. Trespass, possession of land under color of title as giving right of action against mere trespasser. 4-190; 1915D-37. Vendor and purchaser, constructive notice to purchaser flowing from possession by tenant, extent of. 1913A-1214. defective description of land in con- tract of sale as cured by putting purchaser in possession. 1912A-750. destruction of building, possession by purchaser under executory contract as affecting rights of parties. 9- 1056; 18-796; 1913E-304. existing possession continued under oral contract for purchase of land as sufficient part performance to satisfy statute of frauds. 9-135. implied right of purchaser to possession of realty. 4-1018. interest where completion of contract is delayed, liability of purchaser in possession under contract of sale for land. 8-935. 682 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. POSSESSION Continued. lien of purchaser for purchase money paid under verbal contract of sale on vendor's failure to perform as dependent on possession. 8-960; 15 824. possession of one of several parcels of land as part performance sufficient to satisfy statute of frauds. 8-80. taking possession by vendee without knowledge or consent of vendor and not in pursuance of parol contract for sale of land as part performance satisfying statute of frauds. 1913E- 510. taxes, purchaser in possession of land under executory contract of sale as liable therefor. 18-451. 2. Personal Property. Attachment, necessity of manual posses- sion to constitute sufficient levy on personal property. 1916B-986. Bills and notes, payment to bank where note is made payable as discharge of maker as affected by bank's hav- ing or not having possession. 5-298. sufficiency of payment of note at place payable to one not in possession of note. 14-879. Burglary, possession of stolen property as evidence. 19-1281. Change of possession, necessity within rule as to fraudulent conveyances on joint owner's sale of interest in property in possession of other owner. 1912B-460. -property sold without change of posses- sion as ground for attachment. 1914D-1094. rule as to change of possession with respect to fraudulent conveyances as affected by retention of vendor in employ of vendee. 1912A-608. Chattel mortgages, insecurity clause as affecting right of mortgagee to take possession. 1914B-1097. leaving property in possession of third person as sufficient to dispense with filing of chattel mortgage. 1915C- 605. possession of mortgagee as affecting necessity of acknowledgment to chat- tel mortgage. 1915D-307. POSSESSION Continued. Deeds, possession of deed by grantor at time of death, as affecting issue of delivery. 1914C-858. Factors, lien for commissions as depend- ent on possession. 3-644. Fire insurance, sufficiency of title of in- sured where possession of vendor of vendee is held under executory con- tract of sale. 3-710; 7-498; 9-461; 18-864; 1913C-173. Fish and game, constitutionality of stat- ute imposing penalty for each piece of game unlawfully in possession. 3-15. imported game, validity of statutes prohibiting possession. 2-229. _ Forgery, possession of forged instrument in particular county as warranting inference of forgery in that county. 1912A-305. Gifts, donee's possession after donor's death as evidence of gift inter vivos. 1913B-563. Intoxicating liquor, prohibition against possession for personal use, right of. 19-163; 1916E-780. Larceny, right of possession of person from whom property is stolen as affecting crime. 13495. Malicious prosecution, possession of stolen property as evidence of proba- ble cause in action. 1913A-745. Pledge, possession of chattel as determin- ing issue whether pledge or chattel mortgage. 1912B-964. Eecaption, right of owner of personal property to recover possession by necessary force. 6-503. Receiving stolen goods, admissibility of evidence of possession of other stolen property. 6-916; 1913D-163. possession of stolen property as proof of guilty knowledge. 15-902. Replevin, necessity and sufficiency of alle- gation as to right to possession in complaint. 11-1150; 1912A-333. Eobbery, length of possession sufficient to constitute robbery of property taken. 14-188. vendor's possession of chattel as raising implied warranty of title on sale. 36-61. POSTHUMOUS CHILD POSTOFFICE. 683 POSSESSION Continued. Sales, continuance of existing possession by vendee as sufficient delivery to take verbal sale of goods out of statute of frauds. 13-715; 1917B-572. POSTHUMOUS CHILD. Death by wrongful act, effect of recovery on rights of posthumous child of de- deceased. 1918D-556. Wills, revocation of will as affected by birth of posthumous issue. 1913D- 1333. testamentary gift to children as includ- ing child en ventre sa mere. 7-134; 12-200; 1916E-1034. Workmen's compensation, posthumous child as "dependent" within act. 1918B-755. POSTMORTEM. See Autopsy; Coroners. POSTOFFICE. 1. In General. 2. Statutory Provisions. 3. Offenses Against Postal Laws. 4. Postal Employees. 1. In General. Contracts effected by mail, time when complete. 6-378. Court interference with receipt or 'de- livery of mail. 17-1068. Deposit in mail, what constitutes. 7-125. notice of dissolution of partnership, deposit in mail as sufficient. 9-243. papers or documents deposited in mail as constituting delivery. 1912D-349. Letters, authenticity of letter received in reply to letter, presumption as to. 11-887; 1917E-1058, 1072, 1076; 1918E-510. receipt of letter properly addressed and mailed, presumption thereof and re- buttal. 3-75; 6-378. Libel and slander, letters sent through mail addressed to defamed person as constituting publication. 1-190: 11- 425. POSTOFFICE Continued. Mailing of letter, sufficiency of evidence to show. 19-651; 1917E-1076. Negotiable instrument delivered by mail, place of execution. 1915D-1138. Notice of cancellation of fire insurance policy sent by post, sufficiency. 17 798; 1915A-1234. Process served by mail, when complete. 18-286. Replevin to recover mail, action against postmaster. 17-1071. Telegraph company, message mailed to addressee, liability for delay in de- livery. 1914A-115. 2. Statutory Provisions. Carriage of mailable matter over post routes otherwise than in mails, va- lidity and construction of statutes prohibiting. 21-703. Statute regulating matter sent by mail as violating constitutional liberty of speech and press. 15-9; 1915B- 1186. 3. Offenses Against Postal Laws. Anonymous letter, sending through mails as criminal offense. 1917C-699. Cruel and unusual punishment for fraudu- lent use of mails. 1918B-401. sending threatening letter. 19-731. Decoy letters as subject of embezzlement or larceny under postal laws. 4-878. Espionage act, validity as applied to mails. 1918B-1011. Fraud, intent to defraud as essential ele- ment of offense of using mails to defraud. 18-1044. scheme to defraud, what constitutes within federal statute prohibiting use of mails in furtherance. 1914D-1242; 1917C-458. Inducement to commit offense against postal law with view to prosecution therefor as defense to such prosecu- tion. 17-297; 1916C-733. Obscene matter, description in indictment for using mails. 9-49. "knowingly" distributing or mailing obscene matter. 1912A-434. 684 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. POSTOFFICE Continued. necessity of deposit in mail to con- stitute offense of using mails to dis- seminate obscene matter. 7-125. Obstructing or detaining mails. 1912A- 435. 4. Postal Employees. Carrying concealed weapons, exemption of postal employee "from statute against. 1914A-257. Postal clerks, classification as employee rather than passenger, validity of statute. 8-89. contract between government and car- rier limiting liability of latter for injuries to mail agents, validity and effect. 12-1078. duty and liability of carriers of pas- sengers toward postal clerks. 6-863; 11-882. Postmaster's act done in accordance with directions of superior officer, liability of postmaster and sureties. 17-1189. Workmen's compensation, injury to post- man as accident in course of employ- ment. 1913C-14. POSTPONEMENT. See Adjournment; Continuance. POSTS. Obstruction of street by posts, liability of municipal corporation. 1-968. POULTRY. Damages against owner who permits fowls to trespass on another's land. 1913C- 757. Fowl as animal. 1915A-1242. Keeping within municipal limits, validity of regulatory ordinance. 14-1003. Larceny of fowls, sufficiency of proof with respect to description in indictment. 17-739. POVERTY. Argument of counsel, propriety of refer- ence to poverty of party to action. 1917B-312. POWDER. Keeping within municipal limits, va- lidity of ordinance regulating. 1918E-148. Seller of powder as "dealer." 191 7A- 961. Storage of powder as nuisance. 1916C- 821. injunction against storage or keeping of powder. 14-594. POWER-HOUSE. Nuisance, power-house of electric light or power company as. 8-567. POWER OF ATTORNEY. See Agency. POWERS. Application of purchase money, duty of purchaser from life tenant, trustee or other donee of power to sell to see to application. 4-371. Appointment, lesser or qualified estate, right of donee of general power of appointment to appoint. 4-1191. parol evidence, admissibility to deter- mine testator's intention to execute power of appointment. 1915B-52. ' real estate subject to charge, right of donee of power to appoint. 7-138. trustee, who may be appointed by donee of power to appoint. 4-405; 1913D-147. wills, how power of appointment to be exercised by will may be exercised. 1918E-1161. Bequest of personalty with absolute power of disposition, interest acquired. 17- 480. Estoppel of donee of power from volun- tary exercise thereof. 1913C-424. Executor, implied power to sell real es- tate of testator. 1916D-410, 448, 449, 451. General devise or bequest not referring thereto as execution of power to dispose of property. 16-203; 1914D- 586. Injunction against testamentary power of executor to sell realty, right of heirs or legatees to enjoin. 1912B- 1019. PRACTICE AND PROCEDURE PREFERENCES. 685 POWERS Continued. Life estate with power of disposition, devise over as affecting. 7-953. estate created by grant or devise with absolute power of disposition. 1912B-424; 1916D-400. Power coupled with interest, power of sale in trust deed or mortgage as. 4-58; 1918E-1021. revocation of power coupled with in- terest by death of principal. 1917E- 384. Eeference to power in instrument given in execution of power, necessity. 1913D-288; 1917A-242. Eemainder defeasible by execution of power, vested or contingent char- acter. 5-810. Substituted trustee, right to execute power conferred on original trustee. 16-325; 1913A-1283. PRACTICE AND PROCEDURE. See Actions; Pleading; Trial. Partial invalidity of statute relating to practice in civil and criminal cases, effect. 1916D-78. "Person" in regulatory statute as includ- ing private 1914A-1310. corporation. 20-741; PRACTICE OP LAW. See Attorneys. PRACTICE OF MEDICINE. See Physicians and Surgeons. PRECINCTS. See Elections. with precinct. Village as synonymous 1918D-267. PRECIOUS STONES. Precious stones as minerals. 1912C-419. PREDECEASED CHILD. Eight of representative to share in re- mainder given to children as a class. 2-645; 1917B-1245. PRE-EXISTING DEBT. Bills and notes, transfer of negotiable note as security for antecedent debt. 1-275; 21-936; 1917D-386. Chattel mortgage, precedent debt as good consideration. 12-79; 1917B-935. Purchaser of chattel for pre-existing debt as purchaser for value. 1918A-455. Vendor and purchaser, person taking con- veyance of realty in payment of pre- existing debt as purchaser for value. 1918A-112. PRE-EXISTING DISEASE. Accident insurance, pre-existing disease as affecting right of recovery. 1918B- 303. ^Workmen's compensation, allowance in case of injuries connected with pre- existing disease. 1918B-319, 3o4. PREAMBLES. Preamble as aid to construction of stat- ute. 1917C-500. PREACHERS. See Ministers of the Gospel. PRECATORY TRUSTS. General rule as to creation. 2-593; 21- 321; 1915D-418. PREFERENCES. See Bankruptcy; Insolvency. Composition with creditors as avoided by preferences. 1914A-845. validity of note or other security given as secret preference. 16-1072. Public funds deposited in insolvent bank, right to preference. 8-116; 1913D- 391; 1916B-1264. Stockholder's right to preference in sub- scribing for new stock. 9-745; 191SB-132. 686 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PREFERRED STOCK. Cumulative dividends, right of holder of preferred stock. 6-216. Distribution of corporate assets, right of preferred stockholder. 20-122. Preferred stockholder as creditor or stock- holder of corporation. 1917B-558. Eight to vote, validity and effect of char- ter or by-law provision excluding pre- ferred stockholders. 4-567. PREGNANCY. Abortion, pregnancy aa element of crime. 21-522. Antenuptial pregnancy as ground for di- vorce or annulment of marriage. 1913A-134. PREJUDICE. Custodian of jury, prejudice as disquali- fying him from acting. 1912C-882. Excessive verdict due to prejudice as sub- ject to remittitur. 3-939 ; 1912C-509. Judge, disqualification by prejudice against liquor traffic to try case involving liquor law. 1912A-1203. political bias or prejudice as dis- qualification. 20-424. waiver of disqualification for prejudice. 10-972. Jury, business of party to action, preju- dice against as disqualifying juror. 20-1312. capital punishment, prejudice against as disqualifying juror in criminal case. 1912A-786. race or color of party, prejudice as dis- qualifying juror. 1912B-969; 1917C- 1167. Eemoval of cause from state to federal court for prejudice as dependent on citizenship. 4-455. Venue, change on ground of prejudice, weight of newspaper articles as evi- dence. 18-789. judge's bias or prejudice as ground for change in absence of express itatu- tory provision. 10-265. PRELIMINARY EXAMINA- TION. Delay in presenting prisoner for examina- tion as constituting false imprison- ment. 13-984; 1914A-717. Depositions taken at preliminary exami- nation as admissible on trial. 1916A- 10S6, 1111. Holding accused for another charge after waiver of preliminary examination on original charge. 18-524. Indictment, right of grand jury to find before or pending preliminary exami- nation. 1912D-145. Bight of accused person to preliminary examination. 1916E-312. Waiver by accused person. 1917E-179. PREMISES. See Owners of Premises. Description in search-warrant or affidavit therefor, sufficiency. 17-232; 1916D- 952. What included in term "premises" aa used with respect to land. 1916C- 1192. PREMIUMS. See Fire Insurance; Insurance; Life Insurance. Bond- of public officer, validity of statute providing for payment, by state, county, etc. 1913D-715. Mutual insurance policy issued for cash premium, validity and construction. 1916B-84. PRESCRIPTION. See Adverse Possession. Change in dominant estate as affecting prescriptive right in right of way. 1914C-476. Easement founded upon void parol grant, acquisition of prescriptive title by use of easement. 13-925. Fences, prescriptive obligation to main- tain division fence. 1917B-1253. Fishing rights in navigable river, acquisi- tion by prescription. 21-780. PRESCRIPTIONS PRETERMISSION. 687 PRESCRIPTION Continued. Flowage of lands, measure of prescriptive right by maintenance of dam. 18 217. Gates at end of way acquired by prescrip- tion, right of servient owner to erect or maintain. 1914D-770. Highways, user through mistake of other than authorized location as creating highway. 3-14-2. width of highway as acquired by ad- verse user. 2-973. Party-wall, creation and extent of ease- ment by prescription. 11-629. Eailroads, lands acquired for railroad purposes but not within right of way, acquisition of title by prescription. 21-163. right of way of railroad, acquisition of title by prescription to land therein. 2-718; 10-1001; 1916D-1186. Stolen personalty, acquisition of title by lapse of time. 19-751. Telegraph, telephone or electric light pole, acquirement of right to maintain by prescription. 1916E-9S1. Water coming from land of another, pre- scriptive right of land owner to waste. 1915C-1165. Wells and springs, individual's prescrip- tive right to take water from an- other's well or spring. 1917A-881. public's prescriptive right to use well or spring. 1914B-725. Prescriptive Nuisances. Gasworks as nuisance, prescriptive right to maintain. 21-1253. Pollution of watercourse, prescriptive right to maintain. 3-24; 1912C-182. Public nuisance, right to maintenance ac- quired by prescription. 17-789. Keservoir, prescription as defense to ac- tion against owner for damages caused by percolation of water. 5- 683. PRESCRIPTIONS Druggists, error in filling prescription, lia- bility for. 1912C-1219. retention of prescription filled or pre- sented to be filled, right of druggist. 4 519. PRESCRIPTIONS Continued. Intoxicating liquor, burden of proof of sale on prescription of physician in prosecution for illegal sale. 1913C- 637. construction of statute regulating sale of liquor on prescription of physician. 1918E-915. Poisons, necessity of physician's prescrip- tion to authorize sale. 20-495. Subpoena duces tecum, sufficiency of de- scription of prescription. 15-645. PRESENCE. Accused at trial, right of accused to be present when sentenced. 6-451; 11- 813. verdict, waiver of right of accused to be present at rendition. 13-1213; 1915B-447. waiver of person accused of felony of right to be present during course of trial. 1913C-1146; 191SE-375. "Presence of court," when contempt is committed in. 17-220. PRESENTMENT. See Bills and Notes; Checks. PRESS. See Liberty of Speech and Press; News- papers. PRESUMPTION OF PRE- JUDICE. Separation of jury improperly. 1-287. PRESUMPTIONS. See Evidence. PRETERMISSION. "Child" in statute of pretermission as in- cluding illegitimate child. 1918B-253. Parol evidence as admissible to show whether living child was intention- ally omitted from will. 8-637; 1916A-718. 688 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PREVENTION OF PERFORMANCE. Remedies of party to contract upon pre- , vention of performance. 1-427; 12- 1108; 1913C-387; 1917E-719. PRICE. Action for price of chattel, breach of warranty as defense. 16-65. Contract between dealers fixing prices to be paid by them for specified com- modities, validity. 1912D-934. Control of prices by illegal combination within Sherman Anti-trust Act. 2- 956; 9-299; 1912D-769. vendor's right to control price on re- sale of commodity by vendee. 1916A 81; 191SA-958, 965; 1918C-451. Deeds, price as factor in determining whether deed was intended as mort- gage. 20-1199. Eminent domain, price paid by con- demnor for other property for use in same enterprise as evidence of value of land . condemned. 20-695; 1914A- 375. price paid by another than condemnor for similar property, admissibility in evidence. 1916E-598. Intoxicating liquors, necessity of alleging price in prosecution for unlawful sale. 19-693. Judicial sale, inadequacy of price as ground for setting aside. 1914D-3. Misrepresentation by vendor of price paid for property as actionable deceit. 8- 1062. Patented articles, patentee's right to con- trol price on sale by vendee. 1915A- 155; 1918A-958. resale by vendee, right of vendor of patented article to control price. 1916A-84; 1918C-451. Personal services, anti-trust statutes as applicable to combination to control price. 17-752. Receiving stolen property, inadequacy of price as proof of charge. 15-901. Public service corporations, validity of contracts between them to fix prices. -157. PRICE Continued. Sales, failure to fix price in contract for sale of chattel, effect. 1912B-359. liability for price of person to whom goods are delivered on order and credit of another. 1913D-634. Telegraph company, liability for message announcing prices erroneously trans- mitted. 3-429; 1912C-1279. Telephone service, duty to furnish with- out discrimination in prices charged. 1912C-135. Usury, additional price for sale on credit as within usury law. 20-1132. Value of personalty or services as evi- denced by price paid. 1916D-797, S05, 810. Vendor and purchaser, action at law for purchase price on breach by pur- chaser of executory contract for sale of land. 4-791. defective title as defense to action against purchaser in possession for purchase price. 3-365. PRIESTS. See Ministers of Gospel. PRIMARY ELECTIONS. Constitutional or statutory provisions re- lating to elections as applicable to primaries. 16-251; 1913A-702; 1918E-79. Validity of primary election laws. 5-568; 12-73; 1916B-594. PRINCIPAL AND AGENT. See Agency. PRINCIPAL AND SURETY. See Suretyship. PRINTED COPIES. Foreign laws, admissibility of printed copy of statutes to prove law of an- other jurisdiction. 1916D-853. PRINTED SIGNATURE. Sufficiency of printed signature to memo- randum within statute of frauds. 1913B-663; 1918B-1030. PRINTING PRIORITIES. 689 PRINTING. Contracts to manufacture and deliver paper, circulars, books, etc., as within statute of frauds. 19-1305. Printer as engaged in "trade." 1916A- 1201. Public printing, validity of statute requir- ing work done within state. 1913A- 82; 1918B-958. PRIOR CONSISTENT STATEMENTS. Admissibility of prior statements of wit- ness who has not been impeached. 1915D-33S. proof of prior inconsistent statements of witness, admissibility thereafter of prior consistent statements. 8 477; 1915A-512. PRIORITIES. Assignments, successive assignments of chose in action, priority as dependent on notice to debtor. 17-442. Attachment, right of attaching creditor pursuing absconding debtor to prior- ity in proceeds of attached property. 1913C-292. widow's share in estate as subsequent to attachment lien not perfected by judgment during husband's lifetime. 1913A-343. Bankruptcy, mechanic's lien as entitled to preference in bankruptcy proceedings. 1917C-295. wages as preferred claim in bankruptcy. 1916B-343. Boarding-house keeper, priority of lien over chattel mortgage. 1914D-844. Building contract, assignment of proceeds, priority as between assignees and others. 1918D-637. Chattel mortgage liens for future ad- vances, priorities. 9-1153. Eminent domain, priority of right to land between conflicting condemnors. 9 689. Executors and administrators, priority be- tween judgment debt of decedent and expenses of administration, funeral and last illness. 1912A-778. Index to Notes 44 PRIORITIES Continued. state claims, priority against insolvent debtors' estate. 4-973. Fractions of day as determining time in computing priority between liens. 2- 135; 1914C-97. Irrigation, priority of right to use of water of irrigation company. 1913D- 625. Judgments, issuance of execution as giv- ing priority to one of several equal judgments. 1917D-187. priority as between implied vendor's lien and judgment against purchaser. 1916D-384. unrecorded conveyance, priority of judgment lien as against. 21-S64. Livery-stable keeper and chattel mort- gagee, priority between liens. 11- 1043; 1914B-316. Mechanics' liens, assignee of amount due contractor and lien claimant, priority between. 19-435; 1913D-514; 1918C- 1081. conveyance of property, priority as be- tween lien and conveyance. 1916B- 616. mortgage of property and lien claim, priority as between. 1916B-634, 667, 669, 672, 674. Mortgage for future advances, priority as against subsequent incumbrances. 1913C-555. purchase-money mortgage and other lien or claim, priority between. 1916C 945. several notes secured by mortgage, rights in distribution of proceeds of mortgaged property. 1914C-143. Mutual insurance company, priority in distribution of assets on dissolution. 7-414. Quitclaim deed recorded, precedence over prior unrecorded conveyance. 8-1095; 19-320. Partnership, priority between individual and firm creditors as to firm assets of ostensible partnership. 1912A-49. Receiver's certificates, priority with re- spect to other liens. 1913C-53. Special assessment lien, priority over ear- lier incumbrance. 1913C-1210. 690 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PRIORITIES Continued. Tax liens, purchase-money mortgage and tax assessment, priority as between. 1916C-955. validity and construction of statute giv- ing priority over other liens. 1913B- 520; 1917A-1079. Unrecorded conveyances, priority between and effect of recording conveyance after subsequent conveyance is given. 1912A-194. Wages, priority of employee's statutory lien over mortgage. 10-344. rent lien, priority of wage lien. 10 346. validity of statute giving employee lien for wages superior to lien of prior mortgage. 4-1027. Water-power, construction of grant with respect to priorities. 1916D-1016. PRIOR OFFENSES. Necessity of pleading in prosecution for second offense. 9-768; 1914C-565. Special punishment for prior offender, valid- ity of statute prescribing. 18-923. PRISON BREACH. See Escape. PRISONS AND PRISONERS. See Convicts; Extradition; Sentence and Punishment. Corporal punishment of convict, right to inflict. 18-298. Death or injury of prisoner, liability of municipal corporation. 6-437. Discharge of prisoner, effect of statute providing for, on failure to find in- dictment within prescribed time. 3 1059. Escape from prison, criminal liability as depending on lawfulness of imprison- ment. 1912C-757. what constitutes voluntary escape, and liability of officer therefor. 1913C 694. False imprisonment, delay in presenting prisoner for examination or trial as constituting. 13-984; 1914A-717. PRISONS AND PRISONERS Continued. evidence, right of plaintiff to show con- dition of jail where he was confined and his treatment therein. 19-614. Habeas corpus to bring convict before court for trial. 4-723. Jails, unsafe or unhealthy condition, lia- bility of municipality. 4-516; 12- 797; 1913B-1280; 1915D-153. Lynching of prisoner, liability of sheriff. 19-S89. Mob formed by prisoners in jail, liabil- ity of municipality for acts. 1916D- 190. Paupers, confinement in prison as affect- ing settlement rights. 13-691. Penitentiary guard as exempt from stat- ute against carrying weapons. 1914A- 256. Prisoner, on arrest, taken to office of prosecuting attorney, propriety and effect. 20-1123. "Reformatory or jail as nuisance. 1913E- 858. Shackles, right of prisoner undergoing trial to be free from. 5-959. Statutes relating to penal and reform in- stitutions, effect of partial invalidity. 1916D-77. Tort of prison officer, personal liability to convict. 1915D-964. Transfer of prisoners from one place of confinement to another, validity of statute authorizing board or officer to transfer. 1914A-1253. PRIVACY, RIGHT OF Finsrer-print as part of police record. 1917A-418. Invasion of right as permissible under constitutional liberty of speech and press. 15-5. Letters, right to restrain publication of private letter. 1912D-555. Name of person, unlawful use in moving picture. 1916C-308. Person accused of crime, right to photo- graph. 8-1176; 16-1125. Photographs, publication of person's pho- tograph as that of another as libel. 9-866; 16-1077. PRIVATE ACTIONS PRIVATE PERSONS. 691 PRIVACY, RIGHT OF Continued. right to make other use of photograph made or received for particular pur- pose. 9-1016; 1914B-376. Police surveillance of place of business or amusement, injunction against. 6 4S3; 1913B-713. Portraits, right to make other use of por- trait made or received for particular purpose. 9-1016; 1914B-376. unlawful use in moving picture. 1916C 308. Eight of privacy. 2-574; 18-1017; 1915B- 1027. Shadowing "by detective. 1-156. PRIVATE ACTIONS. See Private Persons; Taxpayers' Actions. PRIVATE CHARITIES. Negligence of employees, liability of pri- vate charitable institution. 4-104; 11-160; 1913E-1129; 1915C-586. Solicitation of funds for private charity, validity of statute or ordinance regu- lating. 1917D-1133. PRIVATE COUNSEL. Right to assist prosecuting attorney in criminal case. 1912B-659; 1917D- 512. PRIVATE DETECTIVES. See Detectives. PRIVATE HOUSE. What is private house, dwelling-house, or residence. 1913A-606. PRIVATE INTERNATIONAL LAW. See Conflict of Laws. PRIVATE PERSONS. Actions by private citizens in capacity of taxpayers. 1913C-S84. bar of action for injury to right as citi- zen by prior action by municipality involving same matter. S-1134. PRIVATE PERSONS Continued. recovery, illegal payment public funds. 19-776. Appeal from judgment in proceeding to which they are not parties, right of private citizens. 1918A-365. Arrest by private person, right to break open doors in attempt to make arrest. 8-250. violation of municipal ordinance com- mitted in presence of private person, right to make arrest. 1917A-599. Breach of peace, right of private citi- zen to interfere to prevent. 1912D- 65. Certiorari to review highway proceedings, right to bring. 18-667. Duress, payment made to private person to prevent apprehended injury to busi- ness as payment under duress. 1918B- 516. Fire loss, right of action of private citizen against water, company for inade- quate supply under terms of contract with city. 9-1070; 1913D-461. Garbage, liability of individual as for nuisance for depositing on his own premises. 1915A-132. Grants by constitution or statute to pri- vate person, rule of construction in favor of public. 1914A-158. Injunction against act of public official, right of private citizen. 3-1013; 15- 1173. establishment of industry within pre- scribed radius where consent of prop- erty owners has not been obtained, right of private citizen to enjoin. 1914A-979. municipality engaging in competitive business, right of private citizen to injunctive relief. 191SB-118. railroad moving station from one loca- tion to another, right of private citi- zen to restrain. 1914A-691. violation of municipal ordinance not nuisance per se, right of private citi- zen to enjoin. 13-203. Inspection of municipal books or papers, right of private citizen. 1913E-60. Intoxicating liquors, right of private citi- zen to maintain action to enforce liquor law. 15-1015. 692 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PRIVATE PERSONS Continued. Investigation of affairs of private citi- zens, powers and privileges of legis- lative committee. 1916B-1063. Malicious prosecution, advice of private citizen as defense to action. 16-718. Mandamus against private persons. 1913A-483. performance of duty by court or magis- trate, right of private person to en- force. 9-1074; 1912A-1118. public right or duty relating to elections, right of private citizen to enforce 11-419. Municipal contract, taxpayer's action to enjoin or set aside. 17-653. Nuisance, highway obstruction, right of private citizen to recover damages for nuisance. 1914C-1128. interference with access to property, right of private citizen to enjoin ob- struction in highway. 11-287. navigable stream, right of private citizen to maintain action to abate nuisance caused by obstruction. 1913E-51. suits by private citizens to enjoin nuisances. 1-38; 17-1128. Public utility, right of private individual to supply. 1914C-937. Quo warranto by, or on relation of, private person, necessity of leave of court. 6-913. title to public office, right of private in- dividual to file. 4-643; 13-1063; 1915D-1154. Tunnel under street, power of municipality to permit private person to construct. 1916B-750. Waste of natural gas, petroleum and water by private person, constitutionality of legislation to prevent. 4213. Water supply, action by municipal corpora- tion on behalf of private citizens to enforce contract with water company. 1913C-1028. right of private consumer to enforce con- tract of municipality with water com- pany. 5-507. Wharfage dues, right of private individual to collect. 13-386. PRIVATE PURPOSE. Appropriation of public money for. 1- 935. PRIVATE RAILROADS. I>uty to keep lookout for children on track as applicable to private railroad. 1914A-671. PRIVATE RECORDS. Private books or records as evidence of what they do not contain. 1914B- 1256. PRIVATE SCHOOLS. School funds, power of legislature with re- spect to expenditure. 1917C-922. Taxation, exemption of 1-840. private schools. PRIVATE WAYS. Condemnation of property for. 1-188. Deed bounding private way as carrying title to middle. 18-74. Existence of private way, admissibility of evidence of reputation to prove. 1912A-847. Use of force in aid of right to pass across private property. 21-1151. PRIVIES. Compulsory filling of privy vault, validity of order. 1-443. Employee stopping work temporarily to use privy as affecting relation of em- ployer and employee. 1918A-1195. Eegulation of out-of-door closets or privies, validity of statute or ordinance. 1916D-212. Sewer connection for privies, validity of ordinance requiring. 1916B-722. PRIVILEGE. See Witnesses. PRIVILEGED COMMUNICA- TIONS. See Libel and Slander; Witnesses. PRIVILEGES. Abridgment of privileges and immunities by making railroad absolutely liable for damage by fire. 16-942. PRIVILEGE TAX PROCESS. 693 PRIVILEGES Continued. Constitutionality of statutes granting ex- clusive privileges. 1-847. Depot grounds, right of railroad to grant exclusive privileges. 2-190; 14-494. Grant by municipal corporation as impaired subsequent municipal enactment. 3- 88. PRIVILEGE TAX. See Licenses. PRIVITY. Bills of review, privity with party to original decree as essential to entitle person to file. 1914C-126. Money had and received, necessity of privity of contract to uphold action against person procuring payment of money with knowledge it is due to another. 1918D-246. Vessel owner's liability, limitation under federal statute as dependent on priv- ity or knowledge of owner. 1913D- 1228. Who are privies within rule admitting former testimony of witness who has become disqualified or inaccessible. 1914D-479. PRIZES. Distribution of prizes as constituting lot- tery. 1-91. Prize of war, right to bring into neutral port. 1917D-448. PROBABLE CAUSE. See False Imprisonment; Malicious Prose- cution. PROBATE COURTS. See Courts. PROBATE LAW. See Descent and Distribution; Executors and Administrators; Wills. PROBATION OFFICERS. Appointment, duties and compensation. 1916E-1011. PROCEDURE. Intervention in federal eourta. 1913D 1031. Juvenile courts, procedure in. 1916E- 1014. Municipal or other board when exercising judicial functions, mode of procedure governing. 1915B-1083. Partial invalidity of statute relating to procedure in civil and criminal cases, effect. 1916D-78. Taxpayers' actions, procedure in. 1913C- 904. Vessel owner's liability, procedure for limiting. 1913D-1232. Writs of assistance. 1913D-1125. PROCESS. 1. In General. 2. Personal Service. 3. Issuance and Contents. 4. Service by Whom. 5. Who may be Served. 6. Time of Service and Return. 7. Constructive Service. 8. Amendment. 9. Waiver of Service. 10. Exemption from Service. 11. Irregularities. See Abuse of Process; Publication, 1. In General. Contempt, aiding, procuring or advising disobedience of subpoena, contempt of court. 18-319. obstructing or delaying service or execu- tion as contempt. 1913A-909; 1916E- 264. Failure of record to show proper service as cured by recital in judgment or decree that service has been had on defend- ant. 1913B-27. Lost or destroyed process, parol proof of contents. 1916D-252. New process as required by amendment of pleading. 1913B-831. "Residence" as synonymous with "domi- cile" in statute regulating service of process. 1915C-790. 694 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PROCESS Continued. . PEOCESS Continued. 2. Personal Service. Defendant not personally served, absolute right to have judgment opened and to defend. 12-992; 1912A-1164; 1916B- 565. Fraud or force in procuring personal ser- vice, validity of service. 1916C-612. Necessity far personal service of notice in absence of express requirement as to manner of service. 1915A-222. Personal service without state, when com- plete so as to start time to answer run- ning. 1914A-113. "Place of abode," meaning of term as ap- plied to service of process. 1912C- 282. Service on resident outside of state limits, right of state to authorize entry of personal judgment. 1912D-695. Telephone service of process, validity. 1917B-903. 3. Issuance and Contents. "Et al." substituted in place of names in process. 14-571. Holidays, issuance or service of process on holiday, validity. 1916E-850. Inclusion or exclusion of Sunday or holi- day in computation of time for service and return of process. 1917E-941. Misnomer of defendant, effect where de- fendant does not appear. 1912A-459. Seal required by law, efficacy of process issued without official seal. 1912D- 786. Sunday issuance of civil or criminal pro- cess, validity. 1916B-17. 4. Service by Whom. Failure to execute or return process, bur- den of proof in action against officer. 1912D-732. liability of officer where failure is due to acts or instructions of plaintiff or his agent or attorney. 4-979. Mandamus to compel sheriff or constable to execute writ or other process. 1913B-569. Service of summons by plaintiff's attorney, validity. 1914A-1201. 5. Who may be Served. "Carrying on business," meaning of term as used in statutes relating to service of process. 18-33. Convicts, service of process on. 1916D- 1207. Corporations, process by which court may acquire jurisdiction in criminal case against corporation. 1916E-1289. Divorce, service of notice on public official in divorce suit, validity and construc- tion of statute. 1918D-1098. Federal receivers as amenable to process of courts other than appointing court. 3-116. Foreign corporations, agent for service of process, validity of statute designat- ing particular kind of agent. 1916E- 339. exclusive mode of service, statute re- quiring designation of person upon whom process may be served as pro- viding. 5-953. nonresident suitor, statute requiring cor- poration to grant irrevocable power of attorney to state official to accept ser- vice as applicable. 13-53. public official or designated agent of foreign corporation, right to serve pro- cess on in action arising out of trans- action in another state. 1918A-392. resident agent, validity of statute re- quiring appointment. 6-42. revocation of designated agency and cessation of business within state, liability of foreign corporation to suit within state. 6-295; 1916D-378. who is "agent" within statute providing for service of process on agent of for- eign corporation. 19-200; 1914D-985. Governor of state as subject to subpoena to produce documents or attend as witness. 3-393. Legislative members, service of civil pro- cess upon. 2-615; 1917B-641. Partnership, nonresident partnership, validity of statute providing for ser- vice of process on agent. 1916D-813. service on single partner in action against partnership, sufficiency. 20- 1238; 1914A-389. "Person" as including private corporation in statute relating to service. 1914A- 1309. PROCESSIONS PEOCUREMENT. 695 PROCESS Continued. Railroad in hands of receiver, service of process on. 1915B-597. PROCESS Continued. Pleading to merits as waiver of defective service of summons. 4-290. 6. Time of Service and Return. Exclusion or inclusion of Sunday or holiday in computation of time for service and return of process. 1917E-935. Process returnable on Sunday, validity. 1916B-20. Sunday service of civil process, validity. 1916B-18. 7. Constructive Service. Divorce, constructive service in proceeding as affecting validity of decree. 5-28. Leaving summons at defendant's residence or last or usual place of abode, con- stitutionality. 1913A-118S. Misnomer of defendant in notice by pub- lication as affecting jurisdiction of court. 1913B-1248. Nonresident or unknown claimants to land, "validity of statute providing for con- structive service. 1914D-677. Publication, sufficiency of service in action for specific performance of contract to convey realty. 1914A-769. validity of service by publication in ac- tion for partition. 1916E-1002. Sending newspaper containing advertise- ment as valid service of notice. 1912D-1000. Service by mail, when complete. 18-286. 8. Amendment. Amendment of jurisdictional writ made re- turnable at unauthorized time, right of. 1913A-556. Return of sheriff, power of court to compel sheriff to amend. 4-1168. 9. Waiver of Service. Garnishment, waiver of defects in service by general appearance of garnishee. 21-1130. General appearance after judgment as waiving want of jurisdiction over per- son. 1914C-694. Judgment by confession on warrant of at- torney without antecedent process, validity. 1914A-645. 10. Exemption from Service. Duration of privilege from service of party to action attending court. 11-1146. Nonresident within state for purpose of appearing as witness or party in civil or cr>unal proceeding, exemption from service with civil process. 6-637; 18- 127; 1915D-985. Resident of state attending court in an- other county as party or witness, ex- emption from service with civil pro- cess. 9-835. 11. Irregularities. Appeal, irregularities in service of process in court below as affected by taking appeal. 1912D-411. Collateral attack on judgment for failure of record to show proof of service. 1913B-31. Divorce, defendant not personally served, power of court to decree alimony and costs against. 2-819; 14-362. Execution sale as subject to injunction on ground of failure to serve process. 1918C-237. Irregularities in service as affecting juris- diction of court upon collateral attack. 1-923. Justice of peace, effect of error or irregu- larity in summons issued. 1914A- 1085. Misnomer of defendant in publication no- tice as affecting jurisdiction of court. 1913D-1248. Mistake in Christian name of defendant in publication notice as affecting jurisdic- tion of court. 1913D-1252. Seizure of goods under process against an- other, right to replevy. 7-907; 11- 302'. PROCESSIONS. Validity of statute or ordinance regulating. 1916D-847. PROCUREMENT. Adultery procured by other spouse as de- fense to prosecution. 1916E-741. 696 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PRODUCE BUSINESS. Misrepresentations regarding produce com- mission business as scheme to defraud within postal laws. 1914D-1247. Seller of produce as "dealer." 1917A-961. PRODUCE EXCHANGES. Membership or seat in exchange as asset in bankruptcy. 10-243. PRODUCTION OF DOCU- MENTS. Books and papers belonging to client, right to compel attorney to produce. 1916A- 64. Corporation, power of court to compel pro- duction of books of private corpora- tion by person whom they may in- criminate. 1912D-569. privilege of witness against self-crim- ination as extending to corporation. 1916A-380. Demand on accused in presence of jury to produce incriminating evidence as vio- lation of constitutional privilege. 1912D-261; 1918B-512. Description of documents in subpoena duees tecum, sufficiency. 15-643. Effect on right to production of document of admission by opposing party as to its merits. 1916D-698. Failure to obey order to produce docu- ments, validity of statute authorizing court to enter judgment by default. 15-655. Inspection by adverse party as affecting admissibility of document in evidence. 21-1022. Privilege of witness to refuge to produce documents of which he is not legal custodian. 13-1180. PROFANITY. Language constituting breach of peace or disorderly conduct. 1917C-889. Law of profanity. 1914A-816. PROFESSIONS. Corporation's right to practice profession for which license is required. 12 674; 19-882. PROFESSIONS Continued. Legal meaning of "profession" or "pro- fessional." 1913E-241. Libel or slander, clergyman, imputation on. 20-718. excessiveness of verdict for libelous or slanderous imputation affecting one in his profession. 1913B-703, 707. lawyer, imputation on. 1912A-376. physician, dentist or druggist, imputa- tion of ignorance, incompetence, etc. as slander or libel. 20-482. Statutory regulation of practice of profes- sions. 1-18. PROFITS. Anticipatory breach by vendee of contract for sale of crops, nursery stock or trees for future delivery, right of vendor to recover profits. 1913C-766. Bankruptcy of mortgagor, right to rents and profits of mortgaged property. 1913E-855. Breach of contract, right to recover profits as damages where profits are very ob- ject of contract. 1914D-36. Business profits as element of damages for personal injuries. 11-45; 17-658. Corporations, accountability of corporate director for secret profits to person subsequently becoming stockholder. 18-359. liability of director to corporation or stockholder for secret profits. 1917A- 238. Delay by carrier in transportation of prop- erty intended for exhibition purposes, loss of profits as element of damages. 5-827. Dividends and profits, distinction between. 20-691. Evidence of profits to show value of use of chattel. 1914B-809. Factors, recovery of profits as damages for breach of contract to sell on commis- sion. 6-976; 10-654; 1917B-1194. Fire insurance policy as covering profits. 1918E-1051. Fraudulent conveyance, liability of grantee for rents and profits. 1914A-1008. Future profits of business, statement of opinion as ground for action for fraud or for rescission of contract. 1916D- 1040. PROFIT SHARING PROHIBITION LAWS. 697 PROFITS Continued Goodwill and profits, distinction between. 20-691. Husband and wife, wife's right to profits from estate by entirety. 4-1101. Illegal contract, whether court of equity will aid division of profits arising from. 1913E-142. Joint adventures, rights of parties to profits. 17-1024; 1912C-202; 1916A- 1210. Legal meaning of word "profits." 20-683. Loss of profits, delay in delivery of tele- gram, loss as element of damages. 1914A-1297. eminent domain proceedings, loss as element of damages. 1918B-869. wrongful eviction of tenant, loss of pro- fits as element of damages. 6-460. Margins, recovery of profits from illegal marginal transaction. 1915B-920. Partnership, right to profits as affected by verbal agreement to engage in pur- chase and sale of lands. 7-1142. secret profits, duty of partner to account. 1914D-433. Prospective profits, right of building con- tractor to recover on abandoning work for failure of owner to make payment. 1916C-59. vessel lost by collision, prospective profits as element of damages in recovery for total loss. 6-131. Public officer, profits made by virtue of his office, right of government to recover. 19-604. recovery by municipality of profits made by officer on sale of land to latter. 1914D-808. Receivers, right to make profit out of trans- actions with receivership property. 5-208; 14-78. Revenue law, legal meaning of -word "profits." 20-687. Tenant in common in sole possession, liability to account to cotenant for profits. 18-1082. PROFIT SHARING. "Profits." legal meaning in salary contract. 20-688. Sharing agreements between employer and employee. 1914A-797; 1916B-762. PROHIBITED ARTICLES. Fire insurance, what constitutes keeping, storing, using, etc., of prohibited arti- cles within policy. 13-540; 19-414; 1914B-133; 1918D-294. PROHIBITED OCCUPA- TIONS. Beneficial associations, waiver or estoppel with respect to beneficiary engaging in prohibited occupation. 12-641; 1918D-310. PROHIBITION. Attorneys, right to writ in disbarment pro- ceedings. 10-546. Concurrent jurisdiction, prohibition to re- strain one court from interfering with or entertaining suit where another court has assumed cognizance. 14- 206. Constitutional question, determination in prohibition proceedings. 6-986. Courts-martial, proceedings as reviewable by writ of prohibition. 17-447, 448. Criminal case, issuance of writ on applica- tion of defendant on ground of lack of jurisdiction in trial court. 18-263. Juris die tional question as reviewable by prohibition. 1913D-595. Ministerial acts, prohibition to restrain. 3-357. Municipal corporations, when prohibition lies against council or executive officer. 0-962. Objection to jurisdiction of inferior court as prerequisite to issuance of writ. 21-167. Probate court, writ to arrest proceedings. 1914A-138. Public Service Commission, prohibition to control act of commission. 1914D- 795. Review and correction of errors, prohibi- tion as process for. 1-713; 1913D- 593. Sunday, right of court to grant or refuse writ. 1916B-14. PROHIBITION LAWS. See Intoxicating Liquors. 698 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PROJECTING EAVES. Encroachment by overhanging eaves, rein- edy of owner of land. 4-343. PROJECTIONS. [Restriction against erection of building less than certain distance from front line of premises as applicable to pro- jection. 1914A-8. PROMISES. See Breach of Promise of Marriage; Frauds, Statute of. Acceptance of promise in satisfaction of debt as executed accord. 6-564. False representations distinguished. 1- 980. Fraud, promise not to engage in business in future as fraud sufficient to support action. 1913A-388. Intercourse procured by promise of mar- riage conditioned on pregnancy as crim- inal seduction. 15-227. Leased premises, rights and liabilities on promise to repair. See Landlord and Tenant. Master's promise to repair as affecting ser- vant's assumption of risk. 4-153; 9 1011; 1913C-505. PROMISSORY NOTES. See Bills and Notes. PROMOTERS. Contribution, right of promoter to bring action at law against fellow-pro- moters. 1913E-1167. Liability of corporation to third persons on promoters' contract. 8-262; 19160- 105. Public entertainment, liability of pro- moter of entertainment not given for profit for personal injuries. 1917E- 238. Eelation of promoter to corporation and stockholders. 4-669; 17-269; 1915B- 176. Rights and liabilities of promoters inter se. 1913E-1166. Theatrical promoter as engaged in "trade." 1916A-1201. PROPERTY. Alien enemy, property rights. 1917C-194; 1918C-711. "All property," meaning of term. 1917E- 58. "Any property," legal meaning. 1916E- 80. Bees, as property. 1917B-983. Bill or note as property within statute against false pretenses. 9-970; 1917D-627. Compensation for taking, constitutional pro- visions as self -executing. 7-631; 18 201; 1914C-1118. Dead bodies, right of property in. 3-132; 14-470; 1912D-1240; 1917C-509; 1917D-729; 1918D-733. Destruction of another's property in order to save one's own, right of individual. 1914A-993. Dogs as property. 3-275. "Interest," meaning of term as used with respect to transfer of property right. 1912B-524. Market quotations, right of property in. 8-761. Membership in board of trade or stock exchange as constituting. 1915C-542. Movable or immovable property, what is mortgage on land. 20-715. Ownership, name on property as evidence. 1915D-353. Patent rights as property. 17-390. Plans furnished :by architect, right ol property in. 2-714. Private property as matter for judicial no- tice of court. 12-937. Eight of action within jurisdiction as suf- ficient property right to warrant grant of administration. 1917C-1221. Eule of property as affected by single decision. 1914A-1083. Seat in stock exchange as not constituting. 1916E-879. Standing timber as "property" within meaning of fire insurance policy. 6- 569. Summary destruction of private property. 1-345. PROPORTIONATELY PROSTITUTION. 699 PROPERTY Continued. Timber unlawfully cut on public lands, property rights of trespasser. 1917A- 19. Wild animals, right of property in. 1917B-949. PROPORTIONATELY. Meaning of word as used in lease. 1913A- 1102. PROPORTIONATE REP- RESENTATION. Ordinance of 1787 as affected by admis- sion of states carved out of Northwest Territory. 1915D-952. PROPRIETARY ARTICLES. Adulteration, applicability of federal Pure Food and Drug Act. 1917C-495. Civil liability of vendor or manufacturer of proprietary medicine for injury caused by use. 1914IM51. PRORATE. Legal meaning of term. 1918C-791. PROSECUTING ATTOR- NEY. See Attorney General. Argument, comment by prosecuting attor- ney on failure of accused to testify. 3-164; 20-1273; 1917D-277. expression of opinion of guilt of accused as improper argument. 1916A-431. good character of accused, right of pros- ecutor to comment on failure of ac- cused to produce evidence. 19-407. reference by prosecuting attorney to pre- valence of crime as improper argu- ment. 1912A-1019. wife of accused as witness, right of counsel to comment on failure of ac- cused to call her. 17-421; 1913D-559. Arrested prisoner, propriety and effect of taking him to office of prosecuting attorney. 20-1123. PROSECUTING ATTORNEY Continued. Assistant prosecuting attorney appointed by court, right to compensation for services. 17-336. Compelling defendant in criminal case to object to spouse testifying as rever- sible error. 1915D-362. Deputy as special prosecuting attorney, validity of appointment. 1918A-718. Detective, power of prosecuting attorney to employ. 1915B-861. Discretion with respect to instituting and conducting criminal prosecution. 1912B-755; 1914C-797. Divorce suits, validity and construction of statute requiring service of notice on public official. 1918D-1098. Fair trial for accused, duty of prosecutor to see that he has. 21-333. Grand jury, appearance of private or sub- stituted prosecutor, effect on indict- ment found. 1912D-184. Information filed by prosecuting attorney, necessity that be under oath. 7-983; 1917C-531. Libel and slander, communication to pros- ecuting officer concerning commission of crime as privileged. 7-113, 531. statement made to prosecutor by pros- ecuting witness as privileged. 1916E- 1121. Malicious prosecution, liability of one who states facts to public prosecutor. ' 1918A-492. Misconduct of attorney as prosecuting at- torney as ground for suspension or disbarment. 1917B-234. Necessary expenses, what constitute. 1918D-927. Nolle prosequi without consent of court, right of prosecuting attorney to enter. 1915D-1004. Private counsel to assist prosecution, right of. 1912B-659; 1917D-512. Witnesses, communications to prosecutor in official capacity as privileged" against his divulging as witness. 7- 531; 1913 A-15. PROSTITUTION. Aliens, prostitutes and procurers as within class excluded by immigration act. 1917C-244. 700 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PROSTITUTION Continues. Bawdy-houses confined within designated limits, validity of statute or ordinance requiring. 1914B-506. forfeiture of property on abatement of bawdy-house as nuisance. 1915D-552. "Crime" for conviction of which witness may be impeached, prostitution as con- stituting. 1916A-277. Evidence of disorderly character, general reputation of house as constituting. 12-273. Immigrant prostitution or immorality, fed- eral control. 16-1069; 1917C-250. Inducement to provide inmates for house of prostitution with view to prosecu- tion as defense to such prosecution. 1916C-734. Insurance on house of prostitution, valid- ity of policy. 15-541. Leased premises used for purposes as for- feiting tenant's rights under lease. 1913C-1356. Married woman, whether can be guilty of offense. 1916A-321. Men, whether man can be prostitute or guilty of resorting to house of ill-fame for purpose. 1917D-248. Fartial invalidity of statute relating to houses of prostitution, effect. 1916D- 77. Eent for premises used for prostitution, right to recover. 8-181; 1914B-806. Use of premises for purpose, validity and construction of statute making owner liable. 1917A-459. White Slave Traffic Act as affecting state legislation. 1915D-1020; 1917E-786. construction of act. 1913E-913. validity of act. 1913E-909. PROTEST. Bills and notes, accepting worthless check , in payment as excuse for failure to present for payment and give notice of dishonor. 1915B-155. bank's duty to protest paper received for collection and give notice thereof in absence of express instruction. 1918A-892. condition precedent to suit against maker, presentment and demand at PROTEST Continued. place named in note payable on de- mand. 7-693. joint indorsers, effect of giving notice of dishonor to part only. 1912D-353. law governing liability of drawer or in- dorser of bill or note as dependent upon presentment, protest and notice. 12-455. misstatement in notice of protest as to time of dishonor, effect. 12-375. parol waiver of protest, right to make. 16-152. stockholder or officer indorsing corpor- ate paper, right to notice of dishonor. 1917B-836. successive indorsers, giving notice of protest in case of. 1915B-1071. suretyship, necessity of notice of dis- honor to fix liability of surety. 6-281. telephonic presentment and demand of payment, sufficiency. 1912A-862. waiver of protest, necessity of new con- sideration to support. 5-478. Taxation, illegal tax paid "under protest," recovery of. 8-669; 10-1050; 1915A- 495. necessity that protest against payment of tax should specify grounds. 1913D- 568. PROVIDED. Meaning of term. 1912C-1087. PROVINCE OP COURT AND JURY. See Trial. PROVISOS. See Statutes. PROVOCATION. Assault, provocation in mitigation of dam- ages. 1-899; 19-762; 1917D-582. Disorderly conduct or breach of peace, provocation as justification for lan- guage constituting. 1917C-899. Divorce, cruel conduct resulting from prov- ocation by complainant as insufficient ground. 1918B-496. Dog provoked by plaintiff as defense to action for injuries inflicted upon him. 15-165. PROXIMATE CAUSE PUBLICATION. 701 PROVOCATION Continued. Homicide, admissibility as dying declara- tion of statement respecting provoca- tion for defendant's act. 1912C-429. killing or assaulting friend or relative as provocation sufficient to reduce homicide from murder to manslaugh- ter. 13-1084; 1914B-457. Libel and slander, provocation in mitiga- tion of damages. 4-923. PROXIMATE CAUSE. Act of stranger in attempting to remedy situation caused by negligence of an- other as intervening cause relieving latter from liability for injury. 14- 395. Aggravation of latent or dormant disease of person by negligent act as bearing on question of proximate cause. 1915B-201. Civil Damage Acts, furnishing liquor as proximate cause of injury. 3-59 ; 8 1130; 13-200. Fire set by railroad, negligence of com- pany as proximate cause of damage as affected by considerations of time and distance traveled by fire. 3-386. Illness of person injured as proximate cause of injury. 2-734. Master and servant, repair of defective appliances, nonliability of master for failure where failure to repair not proximate cause of injury to servant. 4-157. warning and instruction, nonliability of master for failure to instruct where such failure not proximate cause of injury to servant. 3-383. Pleading, rule that complaint must allege negligence to have been proximate cause of injury as applicable to injury from excavation in street. 1913E-82. Province of court and jury respectively with respect to question. 1913B-351. Proximate cause and intervening condition. 1-230. Eailroads, cars blocking crossing unlaw- fully as proximate cause for injury at crossing. 1915B-643. failure to give warning to animals on track as proximate cause of injury. 1915B-465. PROXIMATE CAUSE Continued. fencing tracks, whether failure to fence was proximate cause of accident as question of law or fact. 1912D-454. PROXY. Stockholder's proxy, rights and powers. 1912C-865. PRUDENCE. Opinion of witness as to prudent conduct of person, admissibility. 1913C-1087. PUBLIC ACCOMMODA- TIONS. Statutes securing equal rights therein. 9- 69; 1912B-860. PUBLIC ADMINIS- TRATORS. Powers and duties. 1918B-1059. PUBLICATION. 1. In General. 2. Notice. 1. In General. Constitutional liberty of speech and press as protection. 15-3; 1915B-1186. Contempt, disclaimer of intent as defense to charge of contempt by newspaper publication. 13-503. pendency of cause as essential element of contempt by publication in news- paper. 3-761; 18-664. publication of evidence of suit in camera as contempt. 1912B-542. truth of publication as justification or defense to charge of contempt by newspaper publication. 10692. Criminal execution, validity of statute pro- hibiting publication of report. 10-353. Implied obligation to publish arising from contract of purchase of mauscript be- tween author and publisher. 1912B- 612. Libel and slander, communication to stenographer as publication. 1103; 7-19G. 702 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLICATION Continued. injunction against publication of libel. 1916D-1088. mailing letter addressed to person de- famed as constituting publication. 1 190; 11-425. newspaper publication of libel, liability of one procuring. 1913D-13. photograph of person published as that of another as libel. 9-866; 16-1077. pleadings before they come before court as privileged within law of libel. 11- 162; 15-618; 1915A-129. publication invited or procured by plain- tiff as sufficient to support action. 1913A-620. sufficiency of complaint with respect to averments of publications and of time and place. 1918B-504. title or headline of publication, signi- ficance in determining whether article is libelous. 13-375. ."unfair list" of labor union, publication that employer has been placed on as libelous. 15-677. Obscenity, publication of reports of pro- ceedings in courts of justice as within statute against obscenity. 16-764. Private letters, right to restrain publica- tion. 1912D-555; 1915B-105. 2. Notice. Computation of time for publication by exclusion or inclusion of Sunday or holiday. 1917E-942. Continuous publication, requirement of cer- tain number of days as meaning con- tinuous publication. 1912B-1273. Irregularities in publication of notice as affecting jurisdiction of court upon collateral attack. 1-923. Language in which publication required by statute should be made. 14-420; 1912B-832. Misnomer of defendant in publication no- tice as affecting jurisdiction of court. 1913B-1248. Municipal bond issue election, necessity of compliance with statutory require- ments as to publication of notice. 18-1141. .Newspapers, place of publication of news- paper. 1913E-295. PUBLICATION Continued. right to compel particular newspaper to publish notice required by law. 1916A-386. single edition, publication therein as sufficient publication. 1917E-994. statement published in newspaper as notice in absence of statute. 1913D- 224. Once per week for certain number of weeks, construction of requirement. 1917B-209, Sunday publication of notice, etc., validity. 1916B-25. PUBLIC AUTHORITIES. Animal insurance policy as covering loss of animals through act of public au- thorities. 1915A-621. Eviction of tenant by act of public au- thorities. 1915C-402, 405. Injunction against public authorities to prevent injury to trees or timber. 11-460. PUBLIC BOARDS. Adjournment, what constitutes. 1915B- 773. Contempt, power of board of public officials to punish. 1912B-1265. State's liability for torts of state agency or board. 1913E-1040. PUBLIC BUILDINGS. Courthouses, effect of partial invalidity of statutes relating to. 1916D-41. Gift for public building as valid chari- table gift. 1914A-1218. Location of public building, validity of contract tending to influence. 8-4S4. Municipal power to erect hall or building for public meetings of citizens. 12- 1112. United States, power to condemn land for public building site. 1918E-44. Unsafe condition of building maintained for public use or amusement, liability of municipality. 1918D-115. PUBLIC CONTRACTS PUBLIC ENTERTAINMENTS. 703 PUBLIC CONTRACTS PUBLIC CONTRACTS continued. Assignment, validity and enforceability of provision in municipal contract for- bidding. 1912A-363. Bids, certified check or other deposit, rights of parties. 1916C-427. implied liability of municipality under contract let contrary to statute requir- ing competitive bidding. 1917A-1263. "lowest responsible bidder," construc- tion of that or similar phrase in stat- ute providing for letting of municipal contracts. 1913A-500. offer to better any other bid received as legal bid. 1915C-1011. readvertisement, necessity where bidder to whom municipal contract is awarded fails to comply with con- ditions or abandons work. 1916D- 1189. suppression of competition in bidding for contract to perform public work, validity of contract so designed. 20- 386. Bond given by public contractor, right of one furnishing labor or material to sue on. 1916A-758. Court control of act of municipality in let- ting municipal contract. ] 7-650. Failure of contractor to comply with con- tract, right to recover from munici- pality value of public improvement. 1912D-419. Frauds, statute of, written bid to do public work as sufficient evidence of contract to satisfy statute. 1912B- 722. Implied contract, liability of municipal corporation. 2-509. Interest of officer, executed contract in which municipal officer is interested, liability of municipality under. 3- 672; 1912D-1132. member of council interested in contract by municipal council, validity of con- tract in absence of statute. 1912D- 659. Laborer's or matejialman's right of action against city as conferred under stat- ute or ordinance requiring public con- tractor to pay all claims before settle- ment. 1915B-868. Patented or monopolized article, right of municipality, when required to let contracts at public bidding to contract for. 3-745; 10-709; 1915B-460. Public officer making contract with him- self individually, validity of contract. 1912A-867. State contract in which member of legis- lature is interested, validity. 1916A- 237. power to annul by legislative act. 1915B-137. Union labor, validity of municipal con- tracts stipulating for employment ex- clusively. 5-286; 21-213. United States, annulment, suspension or modification of contract, with govern- ment, or additional compensation thereunder, rights with respect to. 1918E-5. Water supply, right of private consumer to enforce contract of municipality with water company. 5-507. PUBLIC CONVEYANCE. Accident insurance, "public conveyance" within meaning of policy. 1913A-845. PUBLIC CORPORATIONS. See Municipal Corporations. Creditor's 'bill as reaching claim against public corporation. 1914B-957. PUBLIC DEBT. See Municipal Corporations; States. Funding existing debts as increase of in- debtedness of municipality. 21-1334. Gift for purpose of reducing public debt as valid charitable gift. 1914A-1219. PUBLIC DEPARTMENTS. Public departments as included under term "public works." 11-596. PUBLIC ENTERTAIN- MENTS. Liability of organizer or promoter of en- tertainment not given for profit for personal injuries. 1917E-238. 704 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC FUNDS. Appropriations of public moneys for pri- vate purposes. 1-935. what constitutes "approbation" of pub- lic money within constitutional provi- sion relating thereto. 1915A-1240. Constitutional provision against giving or loaning money or credit of state or municipality, construction of. 1913C- 1230. Deposit as preferred claim against insol- vent bank. 8-116; 1916B-1264. Depositaries, designation, rights, duties and liabilities. 1916B-1239, 1250, 1255, 1261. Fairs, validity of statute appropriating public funds. 9-52. Gift or loan of money or credit of state or municipality, construction of con- stituti9nal provision. 1913C-1230. Interest, liability of public officer for re- ceiving interest on public funds. 8 391; 1912C-1137; 1914C-1016; 1918E- 105. Loss of public money, liability of public officer. 17-929; 1914C-492. Misappropriation or misapplication, tax- payer's right of action to restrain. 3-1014; 1913C-890. Municipal appropriations, celebrations and entertainments, power of municipality to appropriate moneys. 11-976. defense of municipal officers, power of municipality to appropriate money. 3-435; 1914C-660. Eecovery of money illegally paid out of public treasury, right of taxpayer to maintain action. 19776. "Eequire," legal meaning in statute re- lating to deposit of public money. 1912A-1239. School fund, power of legislature with respect to expenditure. 1917C-917. State funds, right of county to maintain action to restrain expenditure. 1913C- 669. Use for purpose other than that of ap- propriation, right of. 1917B-S64. WTiat are "public funds." 1916B-1239. PUBLIC HIGHWAYS. See Streets and Highways. Accident insurance, "public highway" as used in policy. 1912C-607. PUBLIC HIGHWAYS Continued. Turnpikes or toll roads, as comprehended in term "public highways." 17-804. PUBLIC IMPROVEMENTS. See Special Assessments. Councilman's right to vote on matter in- volving his personal interest. 1917C- 521. Court condemnation of municipal contract, otherwise valid, as unwise or disad- vantageous. 1914A-1072. Debt limit, right of municipality to con- tract for public improvement with deferred payments where cost exceeds authorized debt limit. 17-420; Implied power of municipality to borrow money or incur indebtedness for. 6- 760; 1913D-77. Interference with pipes in making im- provement, right of gas or water company to injunction against muni- cipality. 6-391. Municipal power to enter into partner- ship contract for construction. 1916C- 909. Petition and remonstrance, who may file. 1918E-837. Eecovery of value from municipality by contractor who has failed to comply with contract, right of. 1912D-419. "Vicinity," meaning of term. 18-737. PUBLIC INSTITUTIONS. Legislative investigating committee, powers and privileges with respect to institutions. 1916B-1059, 1070. Eesidence at public institution as affect- ing right to vote. 1917C-407. Water rates, right to exemption from payment. 20-955. What is "public institution." 1913C-387. PUBLIC INTEREST. Comment on matter of public interest as libel or slander. 1917B-409, 450; 1917D-266; 1918E-165, 1011. In pari delicto rule as modified by par- amount public interest. 1913D-772. PUBLIC LANDS PUBLIC LIBRARIES. 705 PUBLIC LANDS. Government Lands. Adverse possession, right to assert, by one claiming title in subordination to United States, as against another claimant. 20-53S. Bona fide purchase doctrine as applicable to entryman on public lands. 1918C- 461. Conflicting grants, construction of. 9-577. interference by courts to protect pos- sessory rights as between conflicting claimants. 12-32. Corporations, criminal liability for in- closing public domain. 1916C-465. Excess or deficiency found to exist in government sections, apportionment. 1912A-1275. Fictitious grantee, validity of patent. 10- 97. Forestry legislation, validity and con- struction. 1917A-5, 38, 40, 46; 1918E-709. Freeholder, holder of inchoate title to public land as "freeholder." 1913D- 328. Homestead entry, abandonment or for- feiture by involuntary or compulsory absence. 8-681. death of homesteader before perfection of title, succession to rights. 1912C- 696; 1916A-S91. exemption from liability for debt con- tracted prior to issuing of patent, construction of federal statute. 1912D-282. Irrigation districts, government lands as subject to inclusion. 1916A-1225. Mineral lands, determination of character as mineral or nonmineral character. 1912A-1302. discovery of mineral sufficient to sup- port location of mining claim as against patents for agricultural lands and townsites. 15-630. rights of applicant for patent under final receipt issued on void applica- tion. 1912D-1317. taxation of mineral interests separate from land. 15-514. Mortgage upon government land made by claimant holding under homestead act prior to final proof, validity. 9-934. Index to Notes 45 PUBLIC LANDS Continued. Occupancy of land under public land laws as requiring actual residence. 20-831. Ordinance of 1787 as affected by admis- . sion of states carved out of North- west Territory. 1915D-952. Patent to fictitious grantee, validity. 10- 97. Reclamation of arid lands, employment in connection with as within purview of Workmen's Compensation Act. 1917D- 14. Surveys, judicial notice of. 12-931. Swamp-land Act as affecting power of county to sell real estate. 1913K- 530. Timber Cutting Act, meaning of term "domestic purposes." 1912B-621. Withdrawal from settlement, for water power or similar purpose. 1918C 1008. State Lands. Abandonment of state grant of public land. 19-375. Eminent domain, interest acquired by con- demnation of public land as easement or fee. 1918A-808 1 . power to condemn public lands. 15- 488. state lands, power of legislature to au- thorize condemnation for irrigation purposes. 1914B-338. Investigation relating to public lands, power of legislative committee. 1916B-1062. Lease of state land as subject to collat- eral attack. 1912B-91. Navigable waters, power of state to grant title to land under water. 1918B- 1107; 1915D-69. Spanish and Mexican grants, abandon- ment of. 19-376. Special assessment, public property as subject to. 1917D-844. state property as liable in absence of express statutory provision. 16-S87. Taxation of state lands held under con- tract of sale. 1917C-129. PUBLIC LIBRARIES. Eminent domain, condemnation of land for public library. 1918E-122. 706 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E, PUBLIC MONEYS. See Public Funds. PUBLIC NUISANCES. See Nuisances. PUBLIC OFFICERS. 1. In General. 2. Nature, Creation and Abolition of Office. 3. Qualification and Eligibility. 4. Election or Appointment. 5. Commencement, Duration and Termin- ation. A. GENERALLY. B. RECALL. C. RESIONATION. D. REMOVAL. E. RESTORATION TO OFFICE. 6. Eights and Liabilities. 7. Validity of Official Acts. 8. Compensation. 9. De Facto Officers. 10. Official Bonds. 1. In General. "Absence" or "absent," meaning as ap- plied to public officer. 1912C-351. Acknowledgments, deputy's power to take. 3-299. officer executing instrument, validity of acknowledgment before himself. 1912B-332. termination of officer's right to office, validity of acknowledgment taken by him thereafter. 5-461. Anti-nepotism law, validity and construc- tion. 1917D-735. "Any office," "any officer," legal mean- ing of . terms. 1916E-52. Bond issues, authority of public officer to complete after repeal of statute au- thorizing issue. 1916E-406. Bribery, fact that act for which bribe is taken or offered is beyond officer's power or jurisdiction, effect on ques- tion. 14-246. Candidates for public office, who are. 12- 109. PUBLIC OFFICERS Continued. criticism of candidate for office, statute forbidding as infringing constitu- tional liberty of speech and press. 1915B-1185. Carrying concealed weapons, exemption of public officers from statute against. 1914A-253. Constitutional provisions self-executing as to officers. 7-631; 18-201; 1914C- 1118. Contract tending to influence appoint- ment to public office, validity of. 7- 874. Deeds given by public officer, title con- veyed. 11-731. Defense of officers, county's power to ap- propriate money therefor. 1914C-660. municipality's power to appropriate money therefor. 3-435. Depositary of public funds, power of offi- cer to designate. 1916B-1241. Disbarment or suspension of attorney for misconduct as ministerial officer. 1917B-236. Divorce suit, service of notice on public official, validity and construction of statute requiring. 1918D-109S. Drainage district officers, manner of selec- tion. 1915C-29. Duress, payment made to public official to prevent apprehended injury to busi- ness as payment under duress. 1918B- 519. Ejectment, right to maintain action against officer when in possession holding for the government. 1913C- 357. Embezzlement by public officer, indict- ment, sufficiency with respect to de- scription of property. 21-72. Governor of state as immune from judi- cial control. 3-391. vacancy in office of governor, existence and effect. 1915A-577. Income taxes, power of state to tax sal- ary or income of federal officer and vice versa. 7-87. Injunction against public official, right of individual to bring action. 3-1013. taxpayer's right to bring against state officers. 1913C-900. PUBLIC OFFICERS. 707 (PUBLIC OFFICERS Continued. Interest of public officer in public con- tract as affecting its validity. 1912D- 659. Judicial notice, abbreviations of official character. 17-494. federal officers, judicial notice by state courts. 18-365. governmental departments, construction of statute requiring courts to take judicial notice of acts. 1914D-547. Jury, competency of public officer as juror where state or government is party to action. 15-400. Libel or slander of, communications to person not having authority in mat- ter as privileged. 14-106. complaint against public officer to per- son or body having power in matter as privileged. 19-1196; 1913C-824; 1918B-977. falsity of charge against public officer as affecting privilege. 3-649. loss of election or appointment to office as element of damages for libel or slander. 1918B-1129. peace or prosecuting officer, communica- tion to concerning commission of crime as privileged. 7-113. Mandamus as remedy to determine which of several officers must perform cer- tain duties. 3-174. default judgment, mandamus to compel proper official to enter. 1913B-344. former public officer as subject to writ to compel official action. 3-172. general course of conduct, or perform- ance of continuing duty or series of acts, writ to compel public officer. 4-19S. Physical examination, power to compel submission by public officer. 1912A- 137. Quo warranto to try title to office, former adjudication, what constitutes. 1913C 671. private individual's right to file infor- mation in nature of quo warranto. 6-464; 13-1063. termination of office as affecting quo warranto proceeding. 1913C-1303. "Eequire," legal meaning in statute re- lating to detailing policemen for park duty. 1912A-1237. PUBLIC OFFICERS Continued. Kewards, right of public officer. 10-729; 1912C-1294; 1915D-258. sheriff's right to receive reward. 1915A-726. Eobbery by officer, taking property under orders of superior or in performance of official duty as constituting. 21- 1138. Seals, failure of officer to attach to docu- ment as required by law, effect. 1914C-758. Servant vested with police powers as af- fecting liability of master for acts. 6-252; 17-638; 1913D-113. Statutes relating to public officers, effect of partial invalidity. 1916D-81. Supervisory control of courts over special officers and boards exercising discre- tionary power. 2-543. Torts, liability of state for torts of its officers. 1913E-1038. Transportation, constitutional or statutory provisions against granting free rail- road transportation to public officers. 17-663; 1915D-559. validity of statute requiring free trans- portation of public officials. 1913E- 498. 2. Nature, Creation and Abolition of Office. Abolition of office, civil service statutes as violated thereby. 20-246. reduction of compensation so as to abol- ish office, right of public body having no power to abolish office. 16-959. Assistants and deputies, distinction be- tween. 1912A-1270. Civil service statutes, constitutionality. 1913B-1005. Delegation of power to create public office, right of legislature. 1S-489. Deputy as public officer. 1913C-88. Detectives, private detective as public officer. 1917A-584. Municipal officer, who is. 1914D-1229. Office and employment, distinction be- tween. 17-451; 1917D-319. Policeman as public officer. 1917B-663. United States officer, who is officer so as to be free from interference by state court. 1914B-105. 708 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC OFFICERS Continued. Vacancy in office as existing on taking effect of law creating office. 1915D- 127. 3. Qualification and Eligibility. Compatible offices. 2-381; 10-697; 1915A- 525. Court's power to determine whether ap- pointee to office possesses prescribed qualifications. 1915A-565. Disbarment of attorney as disqualification for office. 20-422. Election expenses, failure of candidate to file as affecting eligibility to office. 1915A-366. Eligibility of one removed from office to appointment or election to same office for unexpired term. 10-930. "Freeholder," candidate for office as. 1913D-333. Incompatible offices. 2-380; 10-697; 1915A-525. Incumbent's right to retain office where successor elected or appointed is in- eligible. 1913B-677. Ineligibility to office to which elected or appointed as affecting right to office actually held. 14-62S. Legislature's power to define qualifications of public officer. 19-743; 1915A-343. Municipal council as judge of qualifica- tions of councilmen. 16-162. Political belief as affecting eligibility, 1915A-594; 1918D-1037. Eequirement as to eligibility as relating to time of election or time of taking office. 11-950; 20-992. "Residence" as synonymous with "domi- cile" with respect to qualification. 1915C-790. Signing petition for local option election as disqualifying official from acting thereon v 1912C-1092. Statute prescribing time for officer to qualify as directory or mandatory. 1915D-412. Two offices, right to hold at same time. 2-380; 10-697; 1915A-525. Women, eligibility of woman to public office. 21-403; 1913C-1162. Bright to be notary public. 1917D-534. PUBLIC OFFICERS Continued. 4. Election or Appointment. Appointment to office, when complete. 1914D-304. Confirmation, necessity where appoint- ment is authorized subject to confirm- ation by another officer or body. 17- 1011. Contract designed to influence nomination or election to office, validity. 1917C- 351. Ex-officio duties conferred on officer aa appointing him to second office. 1913D-511. Governor's power of appointment in ab- sence of constitutional or statutory authority. 19-823. Judges, power of appointment by judge, validity of statute imposing. 8-599; 10-436; 18-1189. title to office of judge as subject to at- tack in action brought before him- self. 20-460. Minority candidate's right to office for which ineligible or deceased candi- date received highest number of votes. 2-485; 11-11S; 1915B-518. Municipal officers, power of municipality to elect its officers in method other than that prescribed by general laws. 1915B-126. veto power of mayor as to appointment by municipal council. 15-1066. Eight of appointing power to make ap- pointment where term does not begin until after expiration of appointing power's term. 18-142. Substitute for disqualified officer to select jury, appointment. 17-367. Title to office, necessary parties respond- ent in mandamus proceedings involv- ing title. 2-553. private individual's right fo file quo warranto. 6-463; 13-1063. Vacancy, election to fill vacancy, effect of failure to give notice. 1914C- 595. Veterans' preference laws, constitutional- ity and intent. 1-291; 9-1049; 1914D- 725. PUBLIC OFFICERS. 709 (PUBLIC OFFICERS Continued. 5. Commencement, Duration and Termin- ation. A. GENERALLY. Books, papers or other property, what offi- cer is entitled to retain for own use after expiration of his term. 1913B 1274. Consecutive service, validity and construc- tion of statute limiting. 1918E-358. Continuous service as required by provi- sion for service for prescribed length of time. 1915D-1081. Death of officer-elect before commence- ment of term as creating vacancy. 17-86. Delegation of power to appoint officer as including power to fix term of offi- cer. 13-806. "During term" of appointing power, term of office of person entitled to hold office during term. 1914D-102. Extension of term of incumbent of pub- lic office, power of legislature. 13- 160. right of legislature to extend constitu- tional term by providing that occu- pant may hold over until his suc- cessor qualifies. 21-5S. Ineligibility of successor elected or ap- pointed, right of incumbent to retain office. 1913B-677. Mandamus, abatement by termination of respondent's office. 4-75; 10-60; 1918A-1000. "Next regular election," or "next general election," meaning of phrases in con- stitutional or statutory provision fix- ing term. 10-1140. Oath, failure to comply with exact form prescribed by law as affecting bind- ing character of oath. 5-724. Quo warranto proceeding to try title to office, effect of termination of office. 11-1170; 1913C-1303. joinder of parties. 1918D-214. power to prosecute without leave of court. 6-912. private individual's right to file quo warranto to try title to office. 6 463; 13-1063. Term of person elected or appointed to fill vacancy, in absence of express PUBLIC OFFICERS Continued. statutory or constitutional provision. 12-572; 1913D-619. Time to qualify, statute prescribing as di- rectory or mandatory. 1915D-412. Vacancy in office, what constitutes abso- lute vacancy. 17-1012. B. RECALL. Recall, construction of constitutional or statutory provision. 1916A-1160. form of ballot for recall of plural offi- cers. 1916D-208. validity of statute providing for recall. 21-308; 1916A-1155; 1918D-878. C. RESIGNATION. Acceptance of resignation from public office, necessity. 13-873. Person or body to whom resignation should be tendered. 6-688; 1913C- 04. Time of resignation of public officer. 1915C-346. Withdrawal of resignation, right of public officer. 5-689; 15-139. D. REMOVAL. Civil or criminal nature of proceeding for removal of public officer. 20-112; 1915B-1145. Grounds for removal, deputy's or subordi- nate's act as ground. 1912D-1082. failure of officer to enforce laws as ground. 1913D-32; 1918B-145, 913. good faith or intent of officer in committing wrongful act as affecting right of removal. 1913B-400. illegal fees or compensation exacted by officer as constituting ground. 1912C-147; 1916B-1019. intoxication of officer as ground. 1912A-1289; 1917D-994. "knowingly taking" illegal fees. 1912A-433. rudeness or incivility as ground. 1912C-275. trading votes as misconduct in office. 1915A-1148. wilful misconduct in office, what con- stitutes. 1912C-1083. Impeachment, act committed prior to com- mencement of term as cause. 191CB- 707. 710 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC OFFICEES Continued. preliminary investigation by legislative committee in impeachment proceed- ings. 1916B-1058. Municipal officers, inherent power of re- moval. 10-886. prohibition as remedy against removal. 20-963. Notice and hearing, necessity of notice to officer to effect summary removal. 19-920. power of body having authority to re- move to appoint committee to con- duct hearing. 1916C-1273. right of officer holding for fixed term to notice and hearing before removal for cause. 12-995; 1913D-1209. trial of charges by municipal or other board as exercise of judicial func- tions. 1917E-706. Summary dismissal, fixed term of office, right of appointing power to remove officer. 1913B-524. term of office not fixed, right of ap- pointing power to remove officer. 1912C-374. Suspension pending investigation of charges as included within power to remove subordinate from office. 16-946. Veteran's preference laws, right of re- moval as affected by. 1-292. / E. RESTORATION TO OFFICE. Mandamus as remedy to restore party to office. 12-14; 1912A-930. pardon as restoring forfeited office. 19-293. 6. Eights and Liabilities. Accrual of cause of action for injury by public officer's breach of duty. 3- 997; 1916A-885. Acknowledgments, false or defective cer- tificate, liability of officer. 13-717. Assessor's civil liability for erroneous as- sessment of property. 4-942; 13-678. Bond for protection of laborers or ma- terialmen, liability of public officer for failure to take from contractor. 1917B-10S9. Corporate employment of public officer, validity of statute prohibiting. 1912C-1067. PUBLIC OFFICEES Continued. Costs, liability of public officer. 1915D- 563. Declarations or admissions admissible in evidence, necessity that they be part of res gestae. 3-749. Delegation of power of approval, right of public officer. 1912B-500. Discretionary power as to enforcement of ordinances, validity of grant to officer. 13-652. Extraterritorial performance of official acts, remedy against officer. 1914C- 328. Injury to public officer going on train or premises in discharge of official duties, liability of carrier or owner of premises. 9-1123; 21-499; 1914B- 518. Interest in public contract, contract be- tween corporation and municipal council where council member is stockholder of corporation, validity. 21-912; 1916A-77. public officer contracting with himself individually, validity of contract. 1912A-867. Judicial officers, civil liability for false imprisonment. 4-325; 1914C-1167. Ministerial officer, right to question va- lidity of statute. 2-81; 1912D-152; 1918D-1199. Negligent performance or failure to per- form official duty, contributory negli- gence as defense to action against officer. 20-1309. Personal liability of officer, failure to collect statutory fees for services. 1916B-188. injuries caused by defective street or highway. 1917D-939. neglect of duty by corporate body of which officer is member. 7-773. sale of property for ta^es under void statute. 1918B-190. tax officer as personally liable to pur- chaser at tax sale for error voiding sale. 1914A-1120. Political activity by public officer, pro- hibitory statute as infringing con- stitutional liberty of speech and press. 15-8; 1915B-1185. validity of prohibitory statute. 1915A- 558. PUBLIC OFFICERS. 711 PUBLIC OFFICERS Continued. Powers of officer, mention of office in constitution as constituting limitation of power of legislature to subtract from powers. 1912D-334. Profits obtained by officer by virtue of his office, right of government to re- cover. 19-604. sale of land to municipality, recovery from officer thereof of profits made by him. 1914D-80S. Public funds, interest received by officer, liability therefor. 8-391; 1912C-1137; 1914C-1016; 1918E-105. loss of public money, liability of officer. 17-929; 1914C-492. Eecording officer, liability to person in- jured for failure to index or for error in indexing record. 20-487. Servant who is also public officer, lia- bility of master for his acts. 6- 252; 1913D-112. State contracts, enforcement by specific performance, mandamus, or manda- tory injunction, liability of officers. 5-295. Subordinates, liability for acts of. 12- 185. Subrogation, right of public officer. 12- 380. Tax collector, duty to account for money received by him officially but with- out authority. 11-330. Tort by public officer, proper county for place of trial of action against him. 1912C-345. Vote on matter involving title to or emoluments of office, right of member of municipal council. 1917C-520. 7. Validity of Official Acts. Payment voluntarily made under no mis- take of fact, rule against recovery as applicable to unauthorized pay- ment by public officer. 1913B-651; 1916D-745. Sunday performance of administrative offi- cial act, validity. 1916B-25. 8. Compensation. Absence of statutory provision for com- pensation as affecting right of public officer thereto. 20-148. PUBLIC OFFICERS Continued. Additional compensation for duties im- posed after commencement of term, right of officer in absence of statu- tory authority. 1918E-1062. Assignment by public officer of unearned salary or fees. 4-423; 10-636; 1913B- 1080. Assistant prosecuting attorney appointed by court, right to payment for ser- vices. 17-336. Bankruptcy of officer or employee as af- fecting salary or pension. 1916D- 629. "Case," meaning of word as used in sense ' of "action" or "proceeding" in stat- ute relating to compensation of offi- cers. 21-670. Change of salary during term of office, constitutional provision against, as applicable to person elected or ap- pointed to fill balance of unexpired term. 16-1027. office held during pleasure of appoint- ing power as within purview of con- stitutional provision against change of salary during term. 1913A-316. who is public officer within constitu- tional or statutory prohibition against change during term. 1914C- 214. Contract to render services for sum less than pay fixed by law, validity. 19- 1075. Creditor's bill as reaching claim for salary of public officer. 1914B-957. Debt limit exceeded by municipality as defense to claim by official for fees or compensation. 1914C-1219. Deputies, contract with deputy as to com- pensation, validity. 1913A-904. right as between officer and deputy to fee or allowance. 1918A-840. Distinction between "salary" and "wages." 1917B-321. Division of fees or salary, validity of contract to divide. 1914D-820; 1918E-294. Estoppel to deny validity of statute by accepting compensation thereunder. 1917C-284. Exclusion from office wrongfully, earn- ings during such period as deductible from salary due. 1912D-897. 712 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC OFFICERS Continued. Extortion by public officer through ex- action of unauthorized fee. 1913D- 453. Fees or compensation paid to officer il- legally or by mistake, recovery. 13- 351; 1915B-811. Full salary for year or other stated . period, right of officer to recover when he serves for less than such period. '1912C-6S2. Garnishment, salaries, fees, etc., of public officers or employees as subject to. 17-525. Increase of compensation during term, constitutional prohibition as applica- ble where new duties are imposed on officer after taking office. 18- 403. Interest on overdue salary, right of officer of municipality or quasi-public mu- nicipality to recover. 1914D-408. Leave of absence, power of municipal authorities to grant officer or em- ployee leave with pay. 1915B-796. Mileage allowance, "necessary travel" or "necessarily traveled," meaning as used with respect to allowance. 1918D-934. Neglect of duty as affecting right of public officer to salary. 1918B-435, 452. Per diem compensation, allowance for Sundays. 1912C-807. right to per diem for time in going to and from place of official business. 1915B-593. Third person as liable for payment for act performed within scope of official duty where officer has fixed com- pensation. 1913D-579. Two compatible offices held by same per- son, right to recover compensation attached to each. 2-390. Witness fees, right of public officer. 19-168. 9. De Facto Officers. Appointment by de facto officer, validity. 1913C-1042. Compensation of office, right of de facto officer where there is no other claim- ant. 16-484; 1913B-643. PUBLIC OFFICERS Continued. Criminal liability of de facto officer. 20- 510. Equitable relief, right of de facto officer forcibly dispossessed. 1913E- 736. Judges, validity of acts of de facto judge. 12-208. Jury commissioner failing to properly qualify, effect as to acts as de facto officer. 18-765. Officer holding over after expiration of term, validity of acts as de facto officer. 5-462. Person elected or appointed under un- constitutional statute as de facto officer. 1915C-498. under constitutional statute as de facto officer. 12-965. Salary paid de facto officer during lat- ter's incumbency, right of de jure officer to recover from de facto offi- cer. 12-894; 1916D-474. state or municipal liability to de jure officer for salary paid de facto offi- cer. 4-673; 10-1093; 1917D-1137; 1918B-916. Usurper and de facto officer, distinction between. 1913C-1046. 10. Official Bonds. Acts wholly outside official duty, liability of surety on bond of public officer. 6-919; 1912C-581; 1918C-1020. Amount of liability of surety on official bond. 12-436. Default after expiration of term, liability of surety. 1-383; 1912D-293. Directions of superior officer, liability of postmaster and sureties on official bond for acts pursuant to. 17-1189. Duration of liability, appointment of officer for definite term where law fixes no definite term. 5-949. extension of term of office after bond is executed. 13-1066. Estoppel of surety to attack validity of appointment or election of officer. 21-786. Failure of principal to sign bond as af- fecting liability of surety. 2-226. Fund for bonding public officers, validity of statute establishing. 1918A-603. PUBLIC PARKS PUBLIC SERVICE COMMISSIONS. 713 PUBLIC OFFICERS Continued. Judgment against principal as evidence against surety. 9-154; 1915D-401. Less than required number of sureties, validity and effect of bond. 9-711. Limitation of actions, right to maintain action on bond where statute has run with respect to action against officer. 1913E-1265. Neglect or omission of other officer as affecting liability of surety on bond. 2-170. Obligee named other than one designated by statute, right to maintain action on bond. 3-456. Premium payable by state, county, etc., validity of statute providing. 1913D-715. Release of surety, bankruptcy discharge as affecting liability of surety. 4-66. validity of statute providing for re- lease of surety from liabilitv. 1912A-73. PUBLIC PARKS. See Parks and Squares. PUBLIC PAY STATIONS. Duty and liability of telephone company with respect to pay station. 1915D- 1087. PUBLIC PHYSICIAN. Epidemics, right to recover extra compen* sation for services. 1915D-1196. PUBLIC POLICY. See Contracts. PUBLIC PRINTING. Validity of statute restricting contract to performance within state. 1913A- 82; 1918B-958. PUBLIC PROPERTY. Civilian purchasing or receiving in pledge public property from soldier or sailor, liability. 1918B-523. PUBLIC PROPERTY Continued. Depriving public property of use for which intended as taking without due process of law. 1915B-1139. Mechanics.' liens, right to on public prop- erty. 1914C-102. Religious worship, power of public au- thorities to authorize or prohibit use of public property. 1914B-303. Special assessment, liability of public property in absence of express statu- tory 'provision. 16-886; 1917D-844. PUBLIC PURPOSE. Gift for public purpose, as distinguished from benevolent, educational or re- ligious purpose, as valid charitable gift. 1914A-1215; 1918C-439. PUBLIC RECORDS. See Records. Admissibility in evidence of record of physician's death certificate. 1918C- 766. Eecital in public record as proof of age. 1918E-266. PUBLIC SAFETY. Commissioner of public safety as mu- nicipal officer. 1914D-1236. PUBLIC SCHOOLS. See Schools. PUBLIC SECURITIES. See Bonds. PUBLIC SERVICE COM- MISSIONS. Commutation rates, validity of order of commission regulating. 1917B-1153. Connections between public service corpo- rations, power of commission to compel. 1915C-850. Control of acts of commission by man- damus or prohibition. 1914D-795; 1916E-1044. Electric wires, power to prevent main- tenance in close proximity. 1918B- 847. 714 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC SERVICE COMMISSIONS Con- tinued. Electrolysis, power to regulate. 1916E- 199. Eminent domain proceedings, validity of statute conferring jurisdiction on commission. 1916C-420; 1917C-120. Extraterritorial jurisdiction of public ser- vice commission. 1915B-734. Freight rates, matters to be considered in determining reasonableness. 1916 A-8; 1918E-1216. Grade crossings, jurisdiction to make regulations respecting. 1915C-1289; 1918B-1056. Interstate commerce, statute creating board to regulate railroads as inter- ference. 1917A-975. Mileage tickets, validity of order regu- lating manner of using. 1915A-1031. Municipal regulation of public utility as reviewable by Public Service Com- mission. 1916E-1083. Mutual company, jurisdiction of commis- sion to regulate. 1917B-497. Necessity for construction or extension of public utility, validity of statute conferring on commission power to determine. 1916E-299. * judicial review of order for extension of public utility. 1916E-282. J*artial invalidity of statute relating to Public Service Commission. 1916D- 38. Particular class of service, power of com- mission to compel carrier to furnish. 1917B-1160. Railroad commission, exemption of cer- tain railroads from operation of statute creating commission, validity. 1914A-1168. partial invalidity of statute relating to railroad commissions, effect. 1916D-84. Eates for public service corporation, va- lidity of statute conferring on com- mission power to fix. 14-614; 1917C 57. Sidetracks, power of commission to com- pel railroad to build. 1915D-210; 1918E-339. Sleeping-car service on branch line, power of commission to require. 1917E 992. PUBLIC SERVICE COMMISSIONS Con- tinued. Stations, erection at specified place, va- lidity of order requiring. 1914C- 1171; 1918B-830. Sunday train, validity of order requiring running. 1917B-1205. Switching charges, regulation by Public Service Commission. 1914B-366. Test order, power of commission to make. 1917E-791. Trains, connections with other roads, power of railroad commission to com- pel railroad to make. 11-406. extent of train service, validity of regulation. 1917B-1217. running time of trains, power of com- mission to regulate. 1916D-1034. PUBLIC SERVICE CORPORA- TIONS. See Public Utilities. PUBLIC SPEAKING. Prohibition as infringement of liberty of speech. 15-10. PUBLIC STATUTES. See Statutes. PUBLIC TRIALS. Bight of criminal court to exclude per- sons from courtroom. 9-111; 20-632; 1917E-625. PUBLIC URINAL. Construction in street as nuisance or as entitling abutting owner to compensa- tion. 1918D-906. PUBLIC USE. Benefits to inhabitants of another state as constituting public use. 1915D- 1226. Branch line of railroad as public use. 1914C-648. Cessation of public use as affecting rever- sion of land taken under power of eminent domain. 19-155. PUBLIC UTILITIES. 715 PUBLIC USE Continued. Dam and reservoir to regulate flow of river as public use. 1915A-1111. Devotion of appropriated land to public use within reasonable time, necessity of. 1915B-993. Drainage of land as within law of emi- nent domain. 20-272. Electric power, generating and distribut- ing as constituting public use. 5- 531; 7-750, 1191; 14-904; 21-364; 1912D-1004. Irrigation as public use or benefit. 1 188; 4-1174. Questioning public use, right of defend- ant in condemnation proceedings. 2-133. Spur to private establishment as con- stituting public use. 7-835; 13-1012; 1912D-234. Temporary logging road as constituting public use. 1918A-203. Water-power for mills and factories. 4- 992; 10-1060. What constitutes public use for which property may be taken by eminent domain. 2-50; 4-1175; 14-903; 1912D- 1002; 1914C-1037. PUBLIC UTILITIES. Alteration of franchise terms, right of third person who may derive benefit from franchise to public service cor- poration to object. 1913D-1089. Building restriction or restrictive agree- ment as binding public service cor- poration. 1918B-591. .business competition with citizen, right of municipality to engage in. 6- 601; 1918B-106. Charges, advance payment, right to re- quire by other than carriers. 1914D-119. Condemnation of property for other than railroad purposes, loss of profits or injury to business as element of dam- ages. 1918B-873. Connections with each other, power of state or Public Service Commission to compel. 1915C-850. Construction or extension, determination of necessity, validity of statute con- PUBLIC UTILITIES Continued. ferring power on Public Service Com- mission. 1916E-299. Contracts between public service corpora- tions, exclusive interchange of busi- ness, validity. 1914B-262. price or rate fixing or division of trade or territory, validity of con- tract. 6-157. Corporation not operated for profit as public utility. 1916D-899. Disposal of property depriving itself of power to do business, power of public service corporation. 1914C-1271. Domestic purposes, meaning of phrase in franchise or charter. 1912B-620; 1914D-562. Exclusive interchange of business, va- lidity of contract. 1914B-262. Execution sales, injunction against salo of property of public service corpo- ration. 1918C-225. property or franchise of quasi-public corporation as subject to execution sale. 5-512. Fall of pole or wire, liability of munici- pality for injury resulting. 1913E- 379. Forfeiture of special franchise, necessity of direct proceedings. 1916B-179. Franchise obligation, court's power to compel performance. 1914A-1244. municipality's right to compel exercise of franchise which it has granted for performance of public service. 18-335. relief from charter obligation, power of municipality to relieve by ordi- ' nance. 1914D-1071. Gas rates, state or municipal regulation. 1917B-1026. Individual's right to supply public utility. 1914C-937. Minimum charge for service, right of public utility corporation other than carrier to make. 1914D-455. Mortgages, foreclosure sale, necessity that property be sold as entirety and without right of redemption. 1913A- 624. Municipal corporation, compensation pay- able on purchase of public utility by municipality. 1915B-1173. 716 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. PUBLIC UTILITIES Continued. lighting plant, power of municipality to construct or purchase. 1916B-523. taxation of municipal plant. 1918E- 85. Mutual telephone company operated for benefit of members as constituting. 1917B-497. Purchase of public utility by munici- pality, value of franchise as element of compensation. 1915B-1177. Quasi-public corporation, what is. 18 1063. Kates, change by state or public commis- sion, right of city which has fixed rates to object. 1913D-89. minimum rates, validity of regulation fixing rate to be charged. 1916A-933. power of courts to fix or regulate. 9- S23; 1916B-289. public service commission empowered to fix rates, validity of statute con- ferring power. 14-614; 1917C-57. Receiver's certificates, power to issue in case of public service corporations. 1913C-40. Statutes regulating, effect of partial in- validity. 1916D-38. Steam company as public service corpo- ration. 1915D-848. Streets, impairment of constitutional right of public service corporation to use by amendment of constitution. 1914C-1287. Traffic contract between railroads which impairs ability to serve public, valid- ity. 1915C-465. PUBLIC WHARVES. Liability for injuries to invitees or li- censees from defective wharf. 1916C- 150, 162. PUBLIC WORKS. Aliens, validity of statute prohibiting employment. 1915B-1271; 1917B-293. Assignability of contract for public work. 1-855. Commissioner of public works as munici- pal officer. 1914D-1236. PUBLIC WORKS Continued. Contractor's bond, liability of municipal- ity or officer for failure to take from contractor. 1917B-10S9. right of one furnishing labor or mate- rial to sue thereon. 1916A-75S 1 , 773. Defective plan, liability of municipality for injuries resulting. 14-752. Gift for purpose as valid charitable gift. 1914A-1218. Hours of labor, constitutionality of stat- utory regulation. 1-46; 2-216; 9- 208; 10-721; 1912A-773. Injuries occurring during construction, lia- bility of municipal corporation. 1- 958. Labor upon material to be used, state regulation as interstate commerce regulation. 3-309. union labor, validity of statute requir- ing work to be done by. 1915D-974. Letting contracts, bidding, validity of contract designed to suppress com- petition. 20-386. control by courts of act of municipal- ity in letting municipal contract. 17-650. patented article, right of municipality to require use of. 3-745; 7-107; 8- 396; 9-832; 10-709; 1915B-460. readvertisement where bidder fails to comply with conditions of municipal contract awarded him or abandons work, necessity for. 1916D-11S9. Statutes relating to public works, effect of partial invalidity. 1916D-76. Street as public works. 11-594. United States, rights with respect to con- tracts. 1918E-5, 34, 36. Wage rate, validity of statute or ordi- nance fixing minimum wage. 1913K 990; 1915D-241. WTiat are public works. 11-594 PUBLISHERS. Publishing newspaper as "trade." 1916A 1201. PUFFING BIDDING. Vacation of sheriff's sale on account of chilling or puffing bidding. 3-423. PULLMAN CARS QUANTITY. 717 PULLMAN CARS. See Sleeping-car Companies. PUNCHING TIME-CLOCK. Injury while running for purpose as acci- dent within scope of employment. 1916B-1308. PUNCTUATION. Statutes, punctuation as affecting con- struction. 10-1083. PUNISHMENT. See Sentence and Punishment. Corporal punishment of pupils, right of teacher to inflict. 12-353. Parent and child, excessive chastisement by parent, remedy of child. 1-131. Reasonableness of punishment nf ^' V1 ^ parent or one in loco parentis as question for jury. 5-JLJ.7. PUNITIVE DAMAGES. See Damages. PURCHASER FOR VALUE Continued. Person taking conveyance of realty for pre-existing debt as purchaser for value. 1918A-112. Purchaser of chattel for pre-existing debt as purchaser for value. 1918A-455. PURCHASER PENDENTE LITE. "Who is purchaser pendente lite. 53, 81, 83, 86, 90. 1918C PURCHASER WITHOUT NOTICE. Who is purchaser without notice. 1918D- 150. PURE FOOD LAW. Adulteration, construction of federal act with respect to. 1915A-48. Federal Pure Food and Drugs Act. 21- 1323; 1915 A-45. PURPORT. Distinction between "purport" end "tenor." 1914B-661. PUPILS. See Schools. PUSH-CAR. Term "car" as including push-car. 1914D- PURCHASER FOR VALUE. Antecedent debt as consideration consti- tuting grantee or mortgagee pur- chaser for value. 3-395. PUTATIVE WIFE. Life insurance policy in favor of validity. 1915B-543. Q QUALITY. Implied warranty of correspondence with sample. 1917C-312, 338, 341, 343. Misrepresentation of quality as depriving owner of trademark of relief for in- fringement. 13-834. Validity of contract exempting seller from liability as to quality of article sold. 1912D-1080. QUANTITY. "About," meaning with reference to quan- tity. 1918D-693. Conclusiveness of statement in bill of lading as to quantity. 21-225. Mistake in quantity of land as ground for rescission of sale. 452. 718 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. QUARANTINE. Breaking or permitting another to break quarantine, liability for. 1914B-413. Carrier of goods, quarantine regulations as defense for failure to deliver or transport goods. 17-S80. Enforcement of regulations, liability of municipality, board of health or health officers. 9-814; 16-737. Expenses of quarantined person, liability of municipality. 5-233. Passenger accommodations, duty of car- rier by water as affected by quaran- tine regulations. 20-1021. QUARRIES. Independent contractor, person employed in connection with quarry as inde- pendent contractor. 1918C-656. Municipal operation of quarry beyond city limits. 7-521. Open quarrying not included under reser- vation of "mines and minerals." 2- 639. Sliding of rock and earth causing injury to servant, liability of master. 7- 301; 21-708. QUASI-PUBLIC CORPORATIONS. See Public Utilities. QUESTIONS OF LAW AND FACT. Accident insurance, compliance with terms of accident insurance policy as to giving notice of accident. 1914D- 413. voluntary exposure to unnecessary dan- ger under terms of policy. 10-452; 18-1126; 1916B-275. Accord and satisfaction, delivery and re- tention of check as constituting satis- faction of disputed claim. 16-195. Act of God, extraordinary flood as amounting to as question of fact. 1918A-1121. Assault, degree of force necessary in de- fense of property or in resisting trespass as question of fact. 1917D- 299, 313. QUESTIONS OF LAW AND FACT Con- tinued. Intent to commit robbery as question of law or fact. 1918A-419. Assumption of risk arising after com- mencement of employment. 3-814. lineman's assumption of risk. 15-602. Baggage, reasonable time for passenger to call for baggage after arrival so as to terminate liability of carrier as such. 1915B-634. what constitutes baggage of passenger. 21-731. Bridges, approach to bridge as part of bridge. 1912B-795. Carrier of goods, assent of shipper to valuation of goods fixed by contract as question of fact. 1913D-985. delivery of goods to carrier for ship- ment as delivery to purchaser. 20- 1039; 1916A-1050. reasonableness of time for removal of goods from carrier's premises by con- signee. 21-539; 1918E-1120. Carriers of passengers, alighting from moving train where act is obviously dangerous, as contributory negli- gence. 1-778; 17-1154. assistance of passengers to board or alight from train as duty resting on carrier. 13-598. crossing intermediate track between train and station, contributory negli- gence of passenger as question of law or fact. 14-26. intoxicated passenger, duty of carrier to protect passenger as question of fact. 1912C-279. nonplatform side of train, contributory negligence of passenger in alighting as question of law or fact. 1914C- -504. Comparison of properties, existence of similarity so as to make comparison of value, admissibility in evidence as question for court. 1913D-582. Confusion of goods, wrongful confusion as question of fact. 1913E-673. Dams, negligence of owner of dam across watercourse as cause of its breaking as question of law or fact. 1912A- 117. Delivery of deed as question of law or fact. 1914D-108. QUESTIONS OF LAW AND FACT. 719 QUESTIONS OF LAW AND FACT Con- tinued. Dying declarations, admissibility and weight. 8-539; 1914C-223. Employers' liability insurance against ac- cident to employees, fact of insurance as question for jury. 9-323. Epileptic insanity in criminal cases. 18- 428. Estoppel in pais as question of law or fact. 1913A-1072. Executor de son tort, whether act of intermeddling charges one as ques- tion of law or fact. 1917E-22. False imprisonment as question of law or fact. 1912D-731. delay in arraignment of prisoner, rea- sonableness as constituting false im- prisonment. 13-986. Fire insurance, cessation of operation of plant within terms of fire insurance policy. 10-802. compliance with watchman clause in fire insurance policy. 21-848; 1917D-823. materiality of warranty regarding in- cumbrances on property covered by fire insurance policy. 15-342. Fires, rebuttal of presumption of negli- gence arising from communication of fire by railroad engine. 1-818; 16- 884. Foreign law, proof as properly made to court or jury. 1913D-256. Fraud or fairness in transactions as ques- tion of law dr fact. 1912A-713. Fraudulent intent in transfer to creditor in excess of actual debt. 1918E-722. Independent contractor or employee, rela- tionship as question of law or fact. 19-6; 1913B-574; 1918C-632, 672. Intention of parties to contract not re- duced to writing. 1913C-1310. Jeopardy, former jeopardy as question of law or fact. 11-993. Landlord and tenant, constructive evic- tion resulting from overt acts of landlord as question for jury. 19- 690. Libel and slander, exempla-ry damages, al- lowance as question of law or fact. 14-823. QUESTIONS OF LAW AND FACT Con- tinued. jury's power to determine law and facts, construction of constitutional or statutory provision. 1915D-1261. privileged communication within law of as question of law or fact. 10-1152. public interest, privileged nature of comment on matter of. 1917B-431. Life insurance, sufficiency of proofs of death under policy. 1913B-842. Malicious prosecution, advice of counsel as defense to action for malicious prosecution as question for jury. 1912D-425. belief of defendant in truth of charge made against plaintiff as question of law or fact. 1912C-1043. Master and servant, competency of ser- vant in action against master for in- juries arising from servant's negli- gence as question for jury. 1912C- 102. discharge of servant, sufficiency of ground and waiver of right to dis- charge as questions of law or fact. 19-S79; 1916A-104G. fellow-servants, whether employees are as question of law or fact. 1912D- 75. peace officer, liability of master for act of servant who is also public officer. 17-639; 1913D-114. regulations of master, as having been abrogated by habitual disregard. 1912A-91. rule promulgated by master for guid- ance of servant, reasonableness as question of law or fact. 1913C-187. saw operation, contributory negligence and assumption of risk of servant for injuries incurred. 1913C-134. scaffolding for use of servants, negli- gence of master in construction. 18- 618; 1913B-1123. sliding rock or earth injuring servant in trench, quarry or other excavation, negligence of master as question of law or fact. 21-716. substitute or assistant employed by ser- vant, liability of master as question of fact. 4-444; 14-389; 1913C-792. Medicinal or toilet preparation containing alcohol, character as question of fact. 1917C-913. 720 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. QUESTIONS OF LAW AND FACT Con- tinued. Mineral or nonmineral character of public land. 1912A-1318. Mistake, sufficiency of evidence to warrant submission of equitable issue to jury as to mutual mistake requiring refor- mation of instrument. 19-361. Municipal ordinance, reasonableness as question of law or fact. 1914B-204. Mutual account, what is as question for jury. 1913D-820. Necessaries, whether articles furnished to infant constitute necessaries. 14-687. Negligence, attorney's negligence as ques- tion of law or fact. 1917B-11. collision on highway, negligence and contributory negligence of pedestrians and vehicles in case of. 1914A-250. speed of railroad train, negligent speed as question of law or fact. 1914B- 605. Nuisance in keeping or storing explosives as question of fact. 10-457. Obscenity of publication as question of law or fact. 11-307. Original or collateral nature of oral prom- ise within statute of frauds. 9-S95; 1915B-257. Partnership, notice of dissolution of part- nership, whether duly given as ques- tion of fact. 9-244. Pledge or chattel mortgage, transaction as question of law or fact. 1912B- 964. Postoffice, intent to defraud by use of mails. 18-1047. Proximate cause, respective functions of court and jury with respect to ques- tion. 1913B-351. Public policy, province of court or of jury to determine whether contract is con- trary to. 11-124. Railroads, abandonment of railroad right of way as question of law or fact. 11-771. coupling cars, contributory negligence of servant in failing to choose safer of two ways. 15-995. f crossing in front of train or engine standing still as contributory negli- gence. 15-732. i electric bell, failure to ring at crossing as affecting contributory negligence QUESTIONS OF LAW AND FACT Con- tinued. of traveler in failing to look and listen. 1918D-3S9. electricity as motive power, negligence of railroad in use. 21-753. fencing tracks, failure as proximate cause of accident. 1912D-454. flagman at crossing, negligence of rail- road in failing to maintain in absence of statutory duty. 17-983. flying-switch, making as negligence as question of fact. 10-19. light burning on engine or car in pass- ing crossing, failure as negligence. 15-464. signals, negligence of railroad toward person on track at place other than crossing arising through failure to sound statutory crossing signals. 16 1112. station grounds, limits under fencing statutes as question of law or fact. 11-22. standing or walking so close to railroad track as to be injured by passing train, negligence as question of law or fact. 1912B-1244. stop, look and listen, duty of traveler at railroad crossing where flagman is stationed as question of fact. 10-420. Eesult of forces acting on animate human body as question of law or fact. 1913E-938. Robbery, assault with intent to commit robbery as question of law or fact. 1918A-419. Sales, reasonableness of time in which goods are returned under contract of "sale or return." 14-331. waiver by seller of right to reclaim goods for breach of condition to pay cash on delivery as question of fact. 11-549. Streets and highways, driver of vehicle and person working in street, ques- tion as to negligence between. 1912A- 849. law of road, negligence of vehicles in violating as question of fact. 1913A- S37. municipal negligence in maintaining slight depression or difference in grade in sidewalk from which injuries re- sulted. 20-801. notice to municipality of defect ia street or highway. 1913A-695. QUIET ENJOYMENT QUOTIENT VERDICTS. 721 QUESTIONS OF LAW AND FACT Con- tinued. place of accident, sufficiency of notice with respect to description. 18-998. Time in contracts as governed by solar or standard measure. 9-330. Warehousemen, loss of goods by fire as due to negligence. 19-245. Weapon as constituting "deadly weapon." 1912A-1329. QUIET ENJOYMENT. Covenant in deed, breach by showing un- divided interest in tenant in common. 1913B-847. Implied covenant in lease. 1917C-615, 620, 625. QUIETING TITLE. Constructive service on nonresident or unknown owners of land, validity o statute providing. 1914D-677. Cross-bill in suit to quiet title, right to affirmative relief. 1917D-674. Decedent's real estate, right of personal representative to maintain action to quiet title. 1913A-996. Equitable title holder, right to maintain action to quiet title against holder of legal title. 1913B-89. Execution issued by creditor after debt has been paid, right of debtor to maintain action to remove cloud on title. 19-369; Inconsistent defenses in action to quiet title. 1917C-734. Judgments or decrees sufficient to consti- tute cloud on title. 7-334. Jury trial, right to in action for quiet en- joyment. 3-248; 18-245. Limitation of action, running of statute against action. 20-43; 1917A-661. Personalty, right to bring equitable action to quiet title. 1914B-344. Possession by agent or tenant, sufficiency to enable principal or landlord to maintain suit. 1S-860. Purchaser at judicial or execution sale, right to bring suit to quiet title. 1913B-3SO. Index to Notes 46 QUIETING TITLE Continued. Restrictive covenant in deed as cloud on title, power of court of equity to can- cel. 1912A-765. Special assessment lien as cloud, right to maintain action to remove. 1914 A- 888. Strangers, instrument executed by stranger to title as constituting cloud. 1912C 834. Support of grantor, conveyance condi- tioned therefor as subject to action to quiet title on breach by grantee. 12-901. Tax title, reimbursement of purchaser of invalid title as condition precedent to relief. 16-803. Title or possession at time of commence- ment of action, necessity that plain- tiff in action allege. 1913D-3S6. Writ of assistance to enforce decree for possession. 1915B-1095. QUITCLAIM DEEDS. Interests and rights of grantor which pass by quitclaim deed. 1913C-363. Precedence of recorded quitclaim over prior unrecorded conveyance. S 1095; 19-320. Corporations, legality of action by major- ity of quorum of corporate directors. 13-786. stockholders' meeting, effect of breaking quorum after due organization. 1912C-1272. Grand jury, number necessary to consti- tute quorum. 1912C-30. Judges, number necessary to transact busi- ness of court. 1912A-1251. Municipal council, legality of action by majority of quorum. 1916Ei-274. Unanimous vote of those present consti- tuting quorum as satisfying require- ment that certain vote be unanimous. 1913E-1295. QUOTIENT VERDICTS. Validity of chance or quotient verdict. 16-910; 1917C-1224. 722 INDEX TO THE NOTES, lj ANN. CAS. TO ANN. CAS. 1918E. QUO WARRANTO. Burden of proof in proceedings. 467. 1917B- Corporations, proper parties defendant in proceeding against. 1913A-570; 1918D- 228. usurpation of office in private corpora- tion, remedy as extending to. 1915A- 1145. Drainage district organization as subject to test by quo warranto. 1915C-29, 34. Election contest and quo warranto proceed- ings contrasted. 1913C-161. Extraterritorial performance of official acts, quo warranto as remedy against public officer. 1914C-328. Fine or judgment for damages as imposable in proceeding. 1913D-942. Governor as subject to writ to try title to office. 3-393; 11-620; 1913B-789. Information in quo warranto, necessity of alleging legal existence of office in question. 5-691. Intoxicating liquors, propriety of quo war- ranto to test right to sell under license 18-526. QUO WARRANTO Continued. Joinder of parties in proceeding. 1918D- 214. Jury trial, right in quo warranto proceed- ings. 5-640; 1914B-236. Leave of court to prosecution of quo war- ranto, necessity. 6-912; 1915C-392. Limitation statute or doctrine of laches as applicable to proceedings. 1914C-48S. Military officers, validity of commissions as determinable in quo warranto proceed- ings. 17-448. Municipal corporations, quo warranto against. 8-322; 21-1125. Private individual's right to file informa- tion in nature of quo warranto to try title to office. 6-463 ; 13-1063 ; 1915D- 1154. Ees judicata, what constitutes former ad- judication in proceedings to try title to office. 1913C-671. Taxpayer's remedy in matters of levy or expenditure of taxes. 1913C-909. trial of title to office, right of taxpayer to maintain action. 1915D-1154. Termination of office, effect upon proceed- ing to try title to office. 11-1170; 1913C-1303. R RACE. See Chinese; Indians; Negroes. Argument of counsel, appeal to race preju- dice as misconduct. 1913D-1167; 1917A-944. Carriers of passengers, interstate passen- gers, statute requiring separation of races as applicable. 1915B-617. passenger compelled to ride in car de- signed for persons of another color or race, right to damages. 1913E-520. regulation of carriers separating races, validity. 20-982. statute or ordinance providing for sepa- ration of white and colored passengers, validity. 7-274. Competency of employee as affected by color or race. 1912C-96. RACE Continued. Evidence admissible to show race to which person belongs. 1914A-461; 1916E- 305. declarations as evidence of race to which person belongs. 1914A-462. Intoxicating liquors, distinction between races with respect to granting liquor license or otherwise, validity of stat- ute. 1916E-170. Jury, prejudice against race or color of party to action as disqualifying juror. 1912B-969; 1917C-1167. Laundry business, validity of regulatory laws discriminating between races. 21-981. Public accommodations, statutes securing equal rights. 9-69; 1912B-860; 1915B- 872; 191SD-1143. RACEWAY RAILROADS. 723 RACE Continued. Heal property, right to enjoin owner from selling or offering to sell to colored persons. 1914B-826. ^Residential districts, segregation of par- sons in different districts, validity of statute or ordinance providing. 1915B-964; 1916E-1157; 1917B-155; 1917D-1127; 1918A-1207. Schools, separation of white and colored pupils for purposes of education. 13 342: RACEWAY. Grant of water-power in connection, con- struction of grant. 1916D-1014. RAILING. Absence as proximate cause of injury on highway. 2-180. RAILROAD COMMISSION. See Public Service Commissions. RAILROADS. 1. In General. 2. Characteristics, Powers and Contracts. 3. Construction and Equipment Generally. 4. Location and Eight of Way. A. GENERALLY. B. RIGHT OP WAY. C. LOCATION. D. ACQUISITION or LAND. 5. Bridges, Cattle-guards and Fences. 6. Stations and Depots. 7. Statutory or Municipal Regulation. 8. Injury to Property. 9. Injury to Persons. A. IN GENERAL. B. PERSONS AT CROSSINGS. C. PERSONS ON TRACKS OB RIGHT OP WAY. D. PERSONS ojtf TRAINS. E. EVIDENCE. 10. Fires. See Carriers of Goods; Carriers of Live- stock; Carriers of Passengers; Em- ployers' Liability Acts; Interstate Commerce; Master and Servant; Street Railways. RAILROADS Continued. 1. In General. Accident insurance, construction of ex- ception in policy in case of accident to insured while walking or being on railroad. 12-44; 1913C-426. "Any railroad," legal meaning. 1916E- 82. Appropriation in aid of railroad as within constitutional provision against giving or loaning money or credit of state or municipality. 1913C-1233. Burglary of depot, ticket office or round- house, description in indictment, suffi- ciency. 1913D-875. Covenant of warranty in deed as breached by existence of railroad right of way. 1912C-650. "Crime" for which witness may be im- peached, throwing stones at railroad train as constituting. 1916A-277. Executions, franchise or property of rail- road as subject to sale. 5-512. injunction against execution sale of property. 1918C-225. Federal Employers' Liability Act, employ- ees entitled to protection. 1914C-164; 1916E-472; 1918B-55, 70. existence of relation of employer and employee. 1918B-46. Foreign railroad cars, liability to attach- ment or garnishment. 2-349; 9-440; 11-910. Free ticket to employees and families, meaning of "family" as used in Inter- state Commerce Act. 1916B-326. Gross earnings, what are. 16-429. Independent contractors as tested by character of employment. 19-24; 1918C-657. Mechanic's lien laws, applicability to rail- roads. 7-269; 9-309; 1913C-95. Mine owner, right to construct railroad, after severance of surface and min- eral estates. 1913B-110S; 1918B-552. Municipal bonds exchanged for stock of railroad as violation of statute pro- hibiting sale at less than par. 1913E- 86. Obstruction of highway crossing, act of third person as defense to charge against railroad. 16-589. 724 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. * * RAILROADS Continued. Ownership of rolling-stock as evidenced by name on property. 1915D-354. Park or public square, right to use for railroad purposes. 21-689. Process, agent soliciting business as within statute for service of process on foreign corporation. 1914D-988. service on railroad in hands of receiver. 1915B-597. "Profits," legal meaning of word. 20-689. net earnings distinguished. 20-691. Receivership operation, burden of proof in action against receiver that he was operating railroad at time in question. 1913A-535. violation of injunction against railroad by receiver as criminal contempt. 3 29. wages as preferred claims against as- sets in hands of receiver. 3-707. "Require," legal meaning in statute relat- ing to free transportation by railroad. 1912A-1238. Special assessment of right of way for street improvements. 2 5S7; 12-635. Street railway as including railway built below or above street. 19-260. Taxation, exemptions, property of railroad included under general exemption. 4-1203. income taxes, as affecting railroads. 1913C-1007. right of way and roadbed situate in more than one taxing district. 18- 716. rolling-stock, situs for taxation. 10- 356. statute relating to taxation of railroads, effect of partial invalidity. 1916D- 91. valuation of property for purpose. 1916E-1180, 1196, 1198, 1201;" 1917E- 110. Terminal company, what is. 1915D-1247. Ticket seller as "dealer." 1917A-961. Timber on public lands, rights of railroad company. 1917A-10. "Trade," business of operating railroad as trade. 1916A-1201. Train-sheet of railroad as evidence. 1912B-372. RAILROADS Continued. Workmen's Compensation Act as appli- cable to employees. 1914D-663; 1916A-821; 1917D-27, 1148; 1918B- 664. 2. Characteristics, Powers and Contracts. Business incidental to main business, what railroad company may conduct. 4 910; 13-293. "Car," what is included in term. 1914D- 45. Commercial railroads and street railways, distinction between. 4-449; 1913C- 579. Defects in roadbed, tracks or bridges, lia- bility of lessor road for injuries dur- ing lessee's operation. 2-864. Exclusive facilities to express company, right to grant. 13-1079. Individual's right to supply railroad ser- vice. 1914C-93S. Lease of railroad, liability of lessor for negligent or illegal operation by lessee. 2-861; 6-869; 8-120; 10-350; 1915D-996. pleading in action against railroad for damages by its lessee. 9-682. Parallel or competing lines, what are. 1913A-638. Public works, railroads as constituting. 11-596. Quasi-public corporations, railroad corpo- ration as. 18-1064. Belief departments as within corporate powers. 6-ll, 807. Sale of railroad, liability of purchaser on personal contracts of old corporation. 8-85. Subscription to railroad stock, alteration of charter as releasing subscriber. 1918A-79. Traffic contract between railroads which impairs ability to serve public, valid- ity. 1915C-465. 3. Construction and Equipment Generally. Automatic couplers, vehicles, cars, etc., within statute requiring equipment. 1913A-949. Bells, automatic device for ringing bell, validity of statute requiring railroads to equip locomotives. 1914D-1289. RAILROADS. 725 RAILROADS Continued. "Complete" or "completed," meaning as applied to railroad. 1916D-1232. "Equipment," meaning of term in contract or statute. 1913B-198. Federal Safety Appliance Act, construction in reference to keeping couplers in repair. 14-239. when car is engaged in interstate com- merce within meaning of act. 21-390. Motive power, right to use electricity. 5-53. Plant, rolling-stock as included in term. 1917A-321. Safe and adequate equipment, mandamus to compel railroad to maintain. 12- 369. Telegraph or telephone service, duty to maintain. 18-108. Train, what constitutes within federal Safety Appliance Act. 1915C-671. 4, Location and Right of Way. A. GENERALLY. Adverse possession of railroad property, what constitutes notice to company. 1917A-1274. Branch line, right to condemn land for. 1914C-648. Dower in land conveyed to or condemned by railroad, right to. 21-491. Municipality's right to condemn railroad property for municipal purposes. 1913E-163. Removal of railroad from streets, estoppel of municipality to compel by acquies- cence in construction of road. 11- 295. Roadway, meaning of term. 1918D-72S. Spur-tracks, municipality's right to con- demn land to connect municipal works with railroad. 1912B-382. private establishments, right of rail- road to condemn land for spur-track, 7-835; 13-1012; 1912D-234. Street laid out across right of way, dam- ages recoverable by railroad. 15-14. Switch connections, right to damages for deprivation by change of railroad grade. 1914C-273. "Tra?k," meaning as applied to railroad. 1918E-233. RAILROADS Continued. Tracks in street without paying or secur- ing compensation, right of abutting owner to enjoin laying. 13-23; 1913E- 874, B. RIGHT OF WAY. Abandonment of right of way, circum- stances establishing. 11-769. Adverse possession or prescription as af- fecting acquisition of title to lands within right of way. 2-718; 10-1001; 1916D-1186. Agreement between parties at time of ex- ecutioa of deed to railroad for right of way or depot purposes, admissi- bility of parol evidence to show. 17- 863. Damages caused by construction of road to land through which it has ac- quired right of way, liability for. 19-335. Estate or interest in land purchased for right of way. 6-242; 13-432; 1916E- 763. Frauds, statute of, transfer to railroad of right of way across land as within statute. 1912D-9S1. Implied license to use railroad right of way. 20-141. Land beyond right of way, liability of railroad for damages for taking or injuring. 19-340. Land owner's right of way over railroad right of way across his land. 1915C- 1192; 1917A-500. Partition of land occupied as right of way, right to. 1914A-393. Relocation of tracks on any part of right of way, right of railroad company. 7-1033. Special assessment of right of way for street improvement. 2-587; 12-635; 1916E-579. Telegraph and telephone companies, con- demnation of railroad right of way, power under state statutes. 1917B- 689, 705, 707. damages payable to railroad for inter- est acquired in right of way. 1-741; 20-723. federal act, compensation for construc- tion of telegraph line. 1-533. 726 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RAILROADS Continued. Use of right of way or station grounds by private individual, right of com- pany to permit. 1912A-180. "What is included within term "right of way." 1918D-1040. C. LOCATION. "At," location of road or facilities as governed by use of term "at" in contract or statute. 1912B-1075. Change of location, power of railroad to make. 7-1032; 9-58. Contract for location of railroad, validity. 15-637. Judicial notice of location of railroad. 12-938. "Locate," or "located," meaning of 'terms. 1912C-1309. "Near," meaning of word with respect to location of railroad. 1913D-11S 1 . D. ACQUISITION OP LAND. Adverse possession, right of company to acquire title by. 1915C-772. Eminent domain, conflicting condemnors, priority of right to land. 9-689. crossing of tracks by another railroad or street railway, right to compensa- tion. 7-837; 14-216. danger of injury to persons or livestock as element of damage to land by construction of railroad. 11-967- 19- 929. loss of profits or injury to business as element of damages in condemnation proceedings for railroad purposes. 1918B-869. quantity and location of property taken as matter of discretion. 2-947. water over which right' of way is con- structed, right to condemn. 1916E- 1215. Interest acquired in land by condemnation for railroad as easement or fee. 20- 572; 1918A-810. Land not within right of way but ac- quired for railroad purposes, acquisi- tion of title by adverse possession or prescription. 21-163. Passes in consideration of conveyance of land, validity and construction of agreement to give. 21-597. RAILROADS Continued. Public use supporting condemnation pro- ceedings, use for railroad purposes as. 14-905; 1912D-1005. Reversion of land taken under power of eminent domain when public use- ceases. 19-157. 5. Bridges, Cattle-guards and Fences. Bridges. Approach at railroad as part of bridge over street or highway. 1912B-795. Public canal or waterway, duty of rail- road to construct at own expense- 1912D-1036. Repair of bridge within municipal limits r power of municipality to compel fail- road to repair. 1916C-1171. Fences. "Adjacent," meaning of term as applied in statutes relating to fencing rail- road property. 1913B-172. Constitutionality of statutes requiriug railroads to construct fences and cat- tle-guards. 3-182. Depot or station grounds as within pur- view of statute requiring railroad to- fence tracks. 11-20; 1912D-62S. Duty of railroad to fence its right of way as including duty to fence against adult persons. 20-1216. children, fencing against as within purview of statutory duty of railroad. 13-187. Failure as proximate cause of accident as question of law or fact. 1912D 454. Repair of right of way fence, care re- quired of railroad as to keeping in re- pair. 11-430. Violation of statute or ordinance requir- ing railroad to fence, not intended for plaintiff's benefit, as actionable negligence. 9-430; 191SD-1107. 6. Stations and Depots. Contract to erect depot, measure of dam- ages for breach. 4-999. specific performance of contract to- erect depot or station. 14-478; 1918D-1085. RAILROADS. .727 RAILROADS Continued. validity of contract to erect and main- tain station. 14-441; 1914A-245; 1915D-277. "Depot," legal meaning of term. 1917A- 1283. Establishment and maintenance of depot in every incorporated city, town or village through which road passes, validity of statute requiring. 1912A- 227. Exclusive privileges on depot grounds, right of railroad to grant. 2-190; 14-494; 1918A-702. Lighting stations, duty of railroad. 7-969. Moving station from one location to an- other, right of private individual to enjoin. 1914A-691. Naming stations, right of Public Service Commission to regulate. 1914A-831. Place of erection of depot, validity of order by railroad commission requir- ing erection at specified place. 1914C- 1171. Statute relating to depots, effect of par- tial invalidity. 1916D-85. Use of station grounds by private indi- vidual, right of railroad company to permit. 1912A-180. Waiting-room at junction of two rail- roads, duty to provide and keep open. 18-211. 7. Statutory or Municipal Regulation. Boards or commissions to regulate rail- roads, validity of statutes creating. 7-6. Boiler inspection, construction of federal act. 1918C-584. Crossings at new highways without com- pensation, validity of requirement that railroads shall construct and main- tain. 8-1056; 20-1208. Cruel and unusual punishment for viola- tion of statute regulating railroads. 19-731. Employers' liability, employees entitled to protection under federal act. 1916E- 472; 1918B-55. relation of employer and employee, ex- istence under federal act. 1918B-46. Exemption of certain railroads from oper- ation of act creating railroad com- RAUiROADS Continued. mission, validity of statute. 1914A- 1168. "Full Crew Act," validity end construc- tion. 1915B-162. Gates or flagmen at crossings, power of municipal corporation to require rail- road company to maintain. 5-301. Grade crossings, abolition by municipality, validity of statute authorizing. 1915A- 76. jurisdiction of Public Service Commis- sion to make regulation respecting. 1915C-1289; 1918B-1056. Hours of service, construction of federal act. 191SC-797. employees within purview of act. 1915D- 456. Lights at street crossings, power of mu- nicipality to require. 1912D-403. Minimum wage and hours of labor, regu- lation of interstate employees, valid- ity of statute. 1918A-1043. Side-track, power of Public Service Com- mission to compel railroad to build. 1915D-210; 1918E-339. private establishment, validity of stat- ute requiring railroad to build side- ' track at own expense. 18-991. Solicitation of trade or business on prem- ises of carrier of passengers, validity of statute prohibiting. 18-867. State regulation as . interference with interstate commerce. 7-5; 13-147; 1917A-973. Statutes relating to railroads, effect of partial invalidity. 1916D-84. Stopping cars at certain points, power of municipality to require. 17-552; 1914D-1092. Streets occupied by railroad, right of city to prohibit railroad using them for certain purposes. 1913D-650. Switching charges, regulation by state or railroad commission. 1914B-366. Train service connections with other roads, power of railroad commission to compel. 11-406. extent of train service to be furnished by railroad, validity of regulation. 1917B-1217. 728 INDEX TO THE NOTES. 1 ANN. CAS. TO ANN. CAS. 1918E. EAILEOADS Continued. 8. Injury to Property. Animal on track, blowing whistle or giving other warning, duty of railroad. 1915B-462. lookout for animals, duty of railroad on fenced roads or where no duty to fence exists. 3-591. Assignability of cause of action against railroad company for negligent killing of domestic animal. 7-502. Automobiles, accidents to at railroad cross- ings. 1913B-6SO; 1915B-767. Barbed-wire fence, liability of railroad for injury caused to animals. 1913D- 782. Dog killed by railroad, liability for. 3- 275; 20-918. Emergency, liability to land owner for damage resulting from railroad's act in emergency. 1915D-1105. Insurance effected on adjoining property, effect on rights of parties of statute giving railroad benefit of. 1914A- 1096. Interference with firemen in extinguishing fire, liability. 6-630; 12-562; 1913D- 766; 1915B-706. Livestock, measure of damages for injury to. 5-416. partial invalidity of statute relating to injury to livestock. 1916D-35. Penalty for failure to pay for injury to animal within .specified time, validity of statute imposing. 17-632. Statute relating to injury to stock by rail- road, effect of partial invalidity. 1916D-35. Surface water diverted on to land of an- other, liability of railroad. 1914A- 1292. 9. Injury to Persons. A. GENERALLY. Amending complaint in action against rail- road for personal injuries by changing description of place of injury as in- troducing new cause of action. 1915B-219. Automatic couplers, failure to equip cars as negligence per se. 10-701. RAILROADS Continued. Blocking frogs and rails, crossings, duty of railroad to block rails. 1913C-1265. duty to block frogs, switches and guard- rails. 9-498; 14-696; 1916E-642. Collision with motorcycle, right of action of driver of latter. 1917A-224. Electricity as motive power, degree of care required in use. 3-258; 21-749. trespassers as entitled to less degree of care than passengers. 3-260. Flying-switch, making as negligence. 10- 15; 1912D-342; 1915B-608. Hand-car operation, liability for injuries caused. 1916E-321. Loading cars, persons loading or unloading cars not bare licensees. 1-601; 12- 119. Mail-crane, location near track as action- able negligence. 9-1002; 1916E-717. Mailing letter, person visiting station to mail letter on train, duty of railroad company to. 20-320. Misinterpretation of signal by employee as negligence. 1915A-1265. Objects thrown or falling from train, lia- bility for personal injuries caused. 13-77; 1917D-540. Obstruction to view of approaching train or locomotive, telegraph, telephone, trolley or electric light poles as con- stituting. 20-295. Permanent structure close to tracks, neg- ligence as question of law or fact. 7-331. Physician or surgeon, liability of railroad or steamship company for negligence. 1912B-935. Proximity of train to station platform, lia- bility of railroad company to person injured because of. 21-1180; 1916A- 139. Running engine or train backward as neg- ligence. 1913D-4. Signal or speed statute or ordinance not intended for plaintiff's benefit, viola- tion as actionable negligence. 9 *29; 1912D-1107. Speed of tram as negligence in absence of prohibitory statute. 7-938; 1914B- 602. BAILROADS. 729 BAILROADS Continued. violation of speed law as affecting lia- bility for injuries to trespassers. 5 1007. Torpedo, injury to person other than ser- vant, liability of railroad company. 1914C-1101. Turntable doctrine, care required in opera- tion of turntables in respect to chil- dren. 5-377; 8-866; 15-561. jurisdictions in which approved or dis- approved. 11-901, 990. standing cars, application of turntable or attractive nuisance doctrine. 1912D-916. Violation by railroad of statute or ordi- nance as negligence. 1912D-1106. Weather conditions, visibility of rolling stock as affected by state of weather. 16-358; 1915B-413. Wrong or unusual track, running train on as negligence. 1912D-1058; 1917A- 936. B. PERSONS AT CROSSINGS. Negligence. Automobile accidents at railroad crossings. 1913B-680; 1915B-767". Blocking crossing unlawfully by cars, lia- bility of railroad for injury at cross- ing as affected by. 1915B-642. Dead body found near crossing, there being no eye-witnesses of accident, as justifying inference of negligence on part of railroad company. 1912B-718. Extent of highway crossing which railroad is under duty to maintain in safe con- dition. 1918D-186. Flagman at crossing, duty to warn of ap- proach of trains. 11-51. duty of railroad to maintain in absence of statute. 4-294; 17-982. Gates at crossings, duty of railroad to maintain and operate. 3-449. injury caused by gate at crossing, lia- bility of railroad. 1913B-800. Headlight or other light burning in pass- ing crossing, failure of engine or car to have as negligence. 15-463. Signals at other than grade crossings, duty to give. 3-361; 4-952; 16-1234. private crossings, duty of railroad to give signals. 21-568. RAILROADS Continued. View at crossing obstructed by trees, etc., on right of way, negligence of rail- road in allowing. 10-485. Stop, Look and Listen. Electric bell or similar device, presence as excusing traveler from duty to look and listen. 1918D-388. Fire apparatus, duty of driver to stop, look and listen before crossing railroad track. 7-352. Flagman stationed at crossing, duty to stop, look and listen. 10-418; 13-854. Gates at crossing as excusing traveler from duty to look and listen. 7-801; 1914C-704. Knowledge that no train is due as reliev- ing traveler of duty to look and listen. 1914D-1075. Looking just before crossing track, duty of traveler after looking both ways on approaching. 1914A-536. Eeasonable belief that no train is ap- proaching as relieving traveler of im- putation of negligence per se in fail- ing to look and listen. 9-216; 1914D- 1020. Contributory Negligence. Cars obstructing crossing, passing behind train as negligence. 20-1094. Contributory negligence of traveler as ex- cused by railroad's failure to give stat- utory signals on approaching crossing. 6-78. Crossing railroad track ahead of train known to be approaching, right of traveler to recover for injuries re- ceived. 21-1171. Federal Safety Appliance Act, contribu- tory negligence as defense under act. 1914D-386. Flagman's invitation to cross as affecting right of injured party to recover for collision with train. 21-1178. Frightened or unmanageable team as ex- cuse for contributory negligence, at crossing. 16-954. Gates down, crossing track as negligence. 1913C-1366. Passing over, under or between cars ob- structing crossing, as negligence. 12 593; 1912B-687; 1916A-511. 730 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RAILROADS Continued. Reasonable belief that no train is ap- proaching as relieving traveler of im- putation of negligence per se in fail- ing to look and listen. 9-216; 1914D- 1020. Train or engine standing still, crossing in front as contributory negligence. 15- 732. Imputed Negligence. Contributory negligence of driver as im- putable to occupant of vehicle. 3- 703; 19-1225. Railroad trains as subject to rule of im- putability of negligence of driver to occupant of vehicle. 5-163. C. PERSONS ON TRACKS OR RIGHT OP WAT. Bridge or trestle, injury to person other than servant on railroad bridge or trestle, liability of railroad. 1914D- 1210; 1916E-617. Children trespassing on tracks, duty to anticipate presence. 4-6-80; 16-247; 1916B-357. Frightening horses by train or cars, lia- bility for personal injury caused. 3- 1070; 10-302; 1913B-293. Headlights, running train without head- light as negligence toward person on track at place other than crossing. 1912A-153; 1918A-1181. Private railroad, duty to keep lookout for children on track as applicable. 1914A-671. Signals, failure to sound statutory cross- ing signals, as negligence toward per- son on track at place other than cross- ing. 16-1110. Speed, running train in violation of speed law, liability of railroad for injuries to trespassers. 5-1007. Standing or walking so close to track as to be injured by passing train as neg- ligence. 1912B-1242. Stopping or leaving vehicle on track as negligence precluding recovery for in- juries. 1917C-1233. Suction from passing train causing injury to person on or near right of way, lia- bility of railroad. 1918A-872. Trespass by traveling along railroad right of way. 2-548; 20-140. RAILROADS Continued. Working on track, duty of person to look out for and avoid passing trains. 8- 332; 1913A-440. D. PERSONS ON TRAINS. Freight train, liability of railroad com- pany to person wrongfully riding thereon by direction or permission of railroad employee. 9-540; 1913E-575. Hand-car, liability of railroad company to person wrongfully riding thereon by permission or direction of railroad em- ployee. 9-541; 1913E-577. Locomotive, person riding on by permis- sion of engineer, liability of carrier for injury to. 9-541; 1913E-577; 1916E-1081. Trespassers, implied authority of brake- man to eject. 2-624; 18-292; 1914A- 598. liability of railroad for injuries received by trespasser riding on train. 21-697. removal from trains, liability for in- juries inflicted. 1-775; 13-591. Wrongfully riding on train by permission or direction of railroad employee, lia- bility of company. 9-540; 1913E-574; 1916E-1081; 1917C-358. E. EVIDENCE. Habits of deceased on approaching cross- ing, admissibility of evidence in ac- tion for killing at railroad crossing. 1915B-226. Signals by locomotives, negative and posi- tive testimony, weight of. 12-1035j 18-633; 1916A-163. Speed of train, competency of nonexpert witness to testify to. 1913A-187. inference from distance run after acci- dent and efforts to stop. 15-948. 'Unreasonable testimony as to speed, withdrawal from consideration of jury. 15-1194. Unreasonable testimony as to looking or listening for approaching train, or as to its speed, withdrawal from con- sideration of jury. 15-1192; 1917B- 477. Weight of testimony of injured person that he did not see or hear train ap- proaching crossing when evidence shows he must have seen or heard if looking or listening. 1912B-1133. RAILROAD TRACK RAISED CHECK. 731 IRATLROADS Continued. 10. Hres. Absolute liability of railroad for damage caused, validity of statute imposing. 16-941; 1918A-632. Building on right of way from which fire is communicated to property of an- other, negligence of railroad in main- taining. 17-193. Contributory negligence as defense in ac- tion under statute making railroad liable. 1914D-934. Double liability for damage by fire, valid- ity of statute imposing. 1912C-703. Erection of building near railroad track as contributory negligence barring re- covery for injury by fire. 8441. Evidence in action against railroad, other fires by other engines to prove origin of fires, admissibility. 12-218; 21- 1212. Exemption from liability for fire com- municated to property on right of way, validity and effect of contract. 5-747; 12-499; 1914A-1206. Fire line along right of way, validity of legislation providing for construction. 1915B-1155. Insurance, assignment of policy to rail- road, right where statutory liability imposed on railroad. 1-886. statute giving railroad benefit of insur- ance effected on adjoining property as affecting rights of parties. 1914A- 1096. "Licensee's property on right of way, lia- bility for destruction by fire. 1915A- 499. Permitting combustibles or conducting farming operations on premises ad- joining railroad right of way as con- tributory negligence barring recovery. 13-1206. Personal injury resulting from sparks or fire set by engine, liability of com- pany to person other than passenger. 1918E-815. Presumption of negligence arising from communication of fire by railroad engine. 1-815; 16-882; 1913E-971. Proximate cause, negligence of company as proximate cause of damage by fire as RAILROADS Continued. affected by considerations of time and distance traveled by fire. 3-386. Servant of railroad starting fire on right of way, liability for injury to third person. 1914A-1102; 1917B-1054. Speed of train as admissible in evidence in action against railroad company. 1915A-990. Statute relating to fires set by railroad, effect of partial invalidity. 1916D- 54. Weather conditions as affecting negligence in setting fire on own. premises. 20- 702. RAILROAD TRACK. Meaning of term as used in statute or ordinance. 1918E-237. RAILROAD TRESTLE. Liability of railroad for injury to person other than servant on its bridge or trestle. 1914D-1210; 1916E-617. RAILROAD-YARD. Insufficiently lighted yard, liability of master for injuries to servant. 20-19. RAILS. Street railway, right of city to regulate kind to be used. 1913D-699. RAILWAY TRACK. Meaning of term as used in statute or ordinance. 1918E-242. RAINFALL. Sewer overflow caused by excessive rain- fall, liability of municipality. 4- 1091; 14-174. RAISED CHECK. Liability of bank certifying. 1-633. 732 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RAPE, 1. Elements of Offense and Civil Liability. 2. Indictment. 3. Evidence. 4. Conviction and Punishment. 1. Elements of Offense and Civil Liability. Age of child, ignorance as defense to pros- ecution. 21-1058. Assault with intent to rape on girl under age of consent, necessity of showing want of consent in prosecution. 5- 354; 1913A-164. Consent of female as defense to civil lia- bility for rape or assault with intent to rape. 1916A-249. Damages in civil action, inadequacy or excessiveness of verdict. 1917E-135. mitigation of damages in action for as- sault with, intent to commit rape. 1- 900. Emission as element of crime of rape. 11-93. Husband's rape or assault to rape on wife. 13-498. Impotency as defense to charge of rape or assault with intent to rape. 1916D-535. Infant, capacity to commit rape. 11-1063. Intercourse with woman of unsound mind, as rape. 1912B-1049. Mock marriage, intercourse by consent secured through, as rape. 1912C-131. Resistance necessary to establish absence of consent. 9-572. Sleeping woman, rape on. 4-685. Woman's capacity to commit rape. 1913D- 862. 2. Indictment. Age of accused, necessity of alleging in , indictment. 5-111. Consent, necessity of express allegation in indictment that act was done against will or without consent of female. 9-417. "Feloniously," necessity of using word in indictment. 7-263. RAPE Continued. Marital relation between accused and pros- ecutrix, necessity of negativing in in- dictment. 16-902. 3. Evidence. Blood stains, law of evidence. lo-Sll. Complaints of injured person evidence in actions for rape. 2-234; 11-99. Corroboration of prosecutrix, necessity and sufficiency. 6-771; 17-413; 1913D- 660. unrequested instruction as to necessity, effect of failure to give. 5-313. Familiarity or intimacy between prosecu- trix and defendant, admissibility of evidence of acts of. 11-672. Nonmarriage, proof in prosecution. 1912B-114. Other crimes, admissibility of evidence in prosecution. 8-459; 18-442; 1915D- 164. Prosecutrix mentally incapable of giving consent, competency to testify. 9- 1218. 4. Conviction and Punishment. "Crime" for conviction of which witness may be impeached, rape as constitut- ing. 1916A-277. Cruel and unusual punishment, what is. 19-729; 1918B-399. RATE OF FARE. Meaning of term as used with respect to passenger traffic. 21-91. RATES. Electric company, discrimination by charg- ing different rates to consumers. 1914R-27. minimum charge for service, right of electric light or power company to make. 1914D-456. municipal regulation of rates. 1915D- 473. Ferriage between states, regulation of rates by one state. 1-110; 16-865. Freight rates, discriminating rate fixing by mistake, validity and enforceabil- RATIFICATION. 733 BATES Continued. ity of contract by carrier to carry goods. 16-455; 1913C-1386; 1918E- 458. fair return on investment as basis of reasonableness of rates. 1913B-774. injunction against unreasonable rate, effect of Interstate Commerce Act on right of shipper. 11-849. reasonableness of charges, matters to be considered in determining. 1916A-8; 1918E-1216. state regulation of rates as interference with interstate commerce. 711; 13 148; 1917A-992. unreasonable freight charges, shipper's right to damages as affected by Inter- state Commerce Act. 9-1082. Gas company, minimum charge for service, right to make. 1914D-456. state or municipal regulation of rates. 11-748; 15-1042; 17-1026. Irrigation companies, regulation or fixing rates by court. 16-799. Leases, term "rates" as including water rents. 8-111. Passenger rates, discrimination between localities. 18-149. fixed rate per mile, validity and effect of statute requiring. 21-191. militia and public officers to be carried free or at reduced rates, validity of statute. 1913E-498. reduced rates to certain classes, validity of statutes requiring. 2-420; 9-1130; 1912C-841. Public service corporations, contract fixing rates between them, validity. 6-157. court's power to fix or regulate rates. 9-823; 1916B-289. minimum charge for service, right of public utility other than carrier to make. 1914D-455. objection to change by state or public commission as within right of city which fixed rates. 1913D-89. regulation fixing minimum rate to be charged, validity. 1916A-933. statute conferring power to fix rates on commission, validity. 14-614; 1917C- 57. test order by Public Service Commission to ascertain reasonableness of rates, validity. 1917E-794. BATES Continued. Telephone company, validity of statute or ordinance regulating rates. 1912D- 308. Water company discrimination in rates be- tween consumers, right to make. 20- 952. "domestic purposes," meaning as used in Water Rating Act. 1912B-619; 1914D-561. minimum charge for service, right of water company to make. 1914D-457. municipal contract with water company, private consumer's right to enforce as to rates. 5-507. prohibition to prevent fixing of water rates, issuance of writ against council or executive officer of municipal cor- poration. 20-962. RATIFICATION. Agency, delegation of authority by agent to subagent. 1915D-17, 26, 31. retention by principal of benefit of loan procured by agent without authority, effect. 3-1145; 1913E-1115; 1916A- 184. sale by agent to himself as validated by ratification. 1912A-1176. Alteration of instrument, ratification of. 1917D-335, 349. Cancellation of fire insurance policy, wrongful act as subject to ratification by insured. 17-802; 1915A-1236. Carrier's wrongful delivery of goods, ef- fect of ratification. 5-100; 1915D-877. Contract voidable for duress as validated by ratification. 1913E-438. Corporation, transfer of stock without authority of owner, ratification as defense against liability. 1913E- 1177. Deed or contract by married woman in- valid for defective acknowledgment, effect of ratification. 1918E-654. Escrow, delivery of property to person not entitled, effect of acquiescence. 1915A-278; 1917E-444. Executors and administrators, ratification of acts by heirs or devisees. 1912B- 729. Guardian and ward, power of guardian to ratify ward's conveyance of realty. 1912D-704. 734 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RATIFICATION Continued. Infants, silence or acquiescence after coming of age as ratification of deed of infant. 1912C-775. Necessaries, purchase by wife on credit, acquiescence of husband as affecting his liability to pay. 1915A-10. Police officer's unauthorized acts, ratifica- tion as affecting municipal liability. 13-1019. Real estate broker, unauthorized contract as subject to ratification. 8-S52. Servant's act as ratified by master's re- taining him in employ. 1912C-850. Statutes, validity of statute other than local option law which takes effect only on ratification of voters. 20- 652; 1918E-573. Stock broker's breach of duty as subject to acquiescence of customer. 1915B- 913. Stranger's act as ratified by silence. 1912B-151. Sunday contract, ratification on secular day. 7-634; 1912A-293. Tenants in common, lease by part only of tenants as capable of ratification by balance. 1913D-1165. RAZOR. "Razor as deadly weapon. 1912A-1333. READVERTISEMENT, Bids on working contract, necessity for readvertisement where bidder to whom municipal contract is awarded fails to comnly with conditions or abandons contract. 1916D-1189. REAL ESTATE AGENTS. See Brokers. Real estate agent as engaged in "trade." 1916A-1201. REAL PROPERTY. 1. In General. 2. What Constitutes. 3. Eights and Title. See Vendor and Purchaser. REAL PROPERTY Continued. 1. In General. Attachment of equitable interest in real property. 1916C-786. Cultivation of land as "improvement.** 17-406. Defamation of real property as action- able wrong. 9-818. Equitable onversion, future sale of land directed by will, when conversion takes place. 17-643; 1915D-434. order of sale by court, time of con- version of realty. 1912A-509. widow's right to benefit under equita- ble conversion directed by testator, when she elects to take under will- 17-160. Execution sale, injunction against* 1918C-152, 324, 330, 332. Executor's implied power to sell real property. 1916D-410, 448, 449, 451. False pretenses in obtaining real property as criminal offense. 9-857; 18-397;. 1915D-470. Forum in which action for damages to- real property must be brought. 3 344; 21-1314; 1913E-597; 1917E-378. Inheritance tax, situs of real property as affecting liability. 1915A-169. succession tax as payable out of estate- or out of devise of real property^ 20-1360. "Near," meaning of word as applied in description of real estate. 1913D 121. Occupancy of land, actual residence as requisite. 20-830. Plant, meaning of term as covering land. 1917A-321. PostofBce, transactions through the mails concerning real estate as scheme to defraud within postal laws. 1914D- 1249. Real estate dealer, who is. 1917A-961. Registration under Torrens Acts. 12 834. 2. What Constitutes. A'ccretions, rule of apportionment be- tween riparian proprietors. 1914A 481; 1918E-998. Character of property as realty or per- sonalty, fixing by agreement. 1-312. REASONABLE DOUBT RECALL OF OFFICERS. 735 REAL PROPERTY Continued. Executors and administrators, real estate acquired by representative for bene- fit of estate as realty or personalty. 7-703. Fruit growing on trees as. 1912C-736. "House," term as including land. 1914B-12C9. Mirrors as realty or personalty. 1-687. Partnership, realty as personal assets on death of partner. 1912D-1207. -treatment as personalty, agreement or implied intention of parties as deter- mining. 11-269. Poles and wires of telegraph, telephone or electric companies. 9-1193. Premises, what is included in term as used with respect to land. 1916C- 1192. Eent as realty. 1918A-148. Eock, stone or dirt dumped on land as becoming part thereof. 1914C-1154. Stoves and heating apparatus as realty or personalty. 2-375. EEAL PEOPEETY Continued. "Interest," meaning of term with respect to transfer of property right. 1912B- 524. Lunatic's realty, proceeds of sale as realty or personalty. 1915A-158. Marketability of title, admissibility of opinion evidence. 21-840. Opinion evidence as to amount of dam- ages to realty, admissibility. 3-667; 1912A-191. Paramount title, right of one of two par- ties deriving title from common source to assert as against other party. 16-652. "Profits," legal meaning of word as ap- plied to realty. 20-686. Eeceivers, title to real property. 1-297. Eeputed title, admissibility of evidence in action involving adverse posses- sion. 1914D-243. Statutes relating to title, effect of par- tial invalidity. 1916D-47. 3. Eights and Title. Aliens, right to inherit under treaty with foreign country. 1912A-1100. Bankruptcy of owner as affecting title in foreign country. 21-1041. Colored persons, injunction against sale or offer of sale of realty to colored person, right to enjoin owner. 1914B- 826. County, power to sell realty of county. 1913E-528. Creditor's bill as reaching interest in real property. 1914B-947. Dower land, right of widow to cut trees to clear for cultivation. 20-975. Evidence of title, unprobated will as admissible to prove. 1916A-887. Gift by parol, evidence sufficient to es- tablish. 12-494; 21-289. "Half," legal meaning as applied to land. 1913E-1013. Inconsistent defenses in action relating to real property. 1917C-729. Infant's power of disposition by will. 1912A-624. REASONABLE DOUBT. Disbelief as jurors what they believe as men, propriety of instruction that jurors are not at liberty to so dis- believe. 21-564. Fire insurance, necessity of proof beyond reasonable doubt of wilful burning in action on policy. 1912A-1140. Individual juror, right of defendant in criminal case to instruction as to reasonable doubt dealing with in- dividual juror. 11-433. Keason, propriety of instruction defining reasonable doubt as doubt for which juror can give reason. 11-1019. REASONABLENESS. Opinion of witness as to conduct of per- son, admissibility. 1913C-10S7. RECALL OF OFFICERS. Commission form of municipal govern- ment, recall of commissioners. 1917C- 1115. 1132. 736 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RECALL OF OFFICERS Continued. Election for recall of officer. 1916A-1165. form of ballot for recall of plural offi- cers. 1916D-2Q8. Statute providing for recall of public offi- cer, validity. 21-308; 1916A-1155. RECAPTION. Personal property, right of owner to re- cover by necessary force. 6-503. RECEIPTS. Accord and satisfaction, part payment with receipt in full as satisfaction of liquidated and undisputed debt. 1917A-130. Alteration of receipt as affecting its ad- missibility in evidence. 1913C-277. Creditor to debtor as constituting good gift of debt of donee. 1915A-19. Denial of execution of receipt, right of party to deny after death of other party. 1918A-777. Duress, demand for receipt in full as con- dition of payment of part of debt as duress avoiding receipt. 8-880. Escrow as applicable to receipt assigning concession. 1916B-1033. Fire insurance, effect of binding slip or receipt as insurance contract. 1914C 727. Life insurance, effect of binding slip or receipt as insurance contract. 1915B- 657. premium receipt, conclusiveness of ac- knowledgment in policy. 1915D-366. Medium of payment, receipt as proper medium by purchaser at execution or other judicial sale. 1915C-998. Pa.ro! evidence to modify or explain re- ceipt. 19-544. "Warehouse receipts, negotiability. 17- 670. transfer as divesting vendor's lien. 1917D-112. uniform warehouse receipts, construc- tion of. 1917E-29. RECEIVERS. 1. In General 2. Appointment. 3. Bonds of Receivers. 4. Rights, Powers and Liabilities. 5. Compensation and Expenses. 6. Claims Against Estate. 7. Receivers' Certificates. 8. Actions by and Against Receivers. 1. In General. Appointment wrongfully procured, right of action for. 1915D-1U40. "Assigns," term as applicable to. 1913B- 739. Corporation, contract for services of offi- cer or agent as breached by appoint- ment of receiver. 1912A-470. Criminal liability of corporation in hands of receiver. 21-694. Fire insurance, appointment of receiver as affecting condition of policy against change of interest, title or possession. 16-869. Foreign receivers, privileges accorded by comity. 5-570; 1913D-1296; 1916A- 97. Intervention in proceedings in federal courts. 1913D-1040. Limitation of actions, effect of receiver- ship. 4-150; 1912D-1023. Replevin, right to show receivership under general denial. 20-301. Workmen's Compensation Act, authority of receiver to elect not to come under elective compensation act. 1918A- 700. 2. Appointment. Affidavit or verified bill as essential to appointment. 1913A-608. sufficiency of affidavit for appointment sworn to upon information and be- lief. 11-980. Appointment before suit is instituted, right to. 1912B-236. Building and loan association, appoint- ment of receiver. 1917A-S27. RECEIVERS. 737 RECEIVERS Continued. Conveyance given to secure support of grantor, right to appointment of re- ceiver on breach of condition by grantee. 12-900. Court's power to appoint in absence of statute. 1913B-648. "Creditor" entitled to apply for appoint- ment for insolvent corporation, who is. 1912A-901. Deadlock in affairs of corporation as ground for appointment of receiver. 1914B-240. Development or preservation of realty, power of court to appoint receiver for purpose. 1915D-1034. Effect on pending action of appointment for defendant in action. 1915C-1248. Equitable right to appointment of re- ceiver in action maintained solely for such relief. 4-66. Poreign corporations, power of courts to appoint receiver. 19-91; 1913E-459. Interference "by courts with internal af- fairs of foreign corporation by ap- pointment of receiver. 1913E-459. Misconduct of officers or directors as ground for appointment of receiver. 17-916; 1915B-581. National bank, jurisdiction of state court to appoint receiver. 21-422. Notice of appointment, necessity of giv- ing notice to adverse party of appli- cation for appointment. 1915C-897. 3. Bonds of Receivers. Judgment against principal as evidence against surety. 9-158; 1915D-408. Sureties, fewer than required number, effect. 9-711. RECEIVERS Continued. Interference outside jurisdiction, power of court to protect receiver against acts. 1915D-707. National bank, title of receiver to assets. 1-296. Personal liability, order of court as pro- tection to receiver. 1913D-1117. Profit by transactions with receivership property, right to. 5-208; 14-78. Rent of leasehold, liability of receiver as constructive assignee of insolvent. 1916E-81S. Sales by receiver, power of court to set aside. 1913C-1334. Time when right or title of receiver vests. 20-551. Torts committed by corporation or part- nership prior to appointment, right of action against receiver. 1912A- 589; 1918E-263. 5. Compensation and Expenses. Expenses of receivership, liability of party at whose instance receiver is appointed. 13-1161; 1913B-538. Necessary expenses of receivership, what constitute. 1918D-923. Negligence or misconduct of receiver as forfeiting right to compensation. 1915D-1256. Partner acting as receiver on dissolution of partnership, right to compensation. 20-1061. Party to action who is appointed re- ceiver, right to compensation. 1912A 1198. Preference in distribution of assets, costs and expenses of receivership of pri- vate corporation as entitled to. 7- 585. 4. Rights, Powers and Liabilities. Attorney's fees, personal liability of re- ceiver. 1917B-354. Conditional sale contract, validity as against vendee's receiver. 1916A- 125S. Existing contracts, duty and power of re- ceiver with respect to. 1912C-949. Garnishment of property in hands of re- ceiver. 15-131. Index to Notes 47 6. Claims Against Estate. Claim maturing after appointment as provable against assets. 1913D-1184. Wages, equitable preference of claims against assets in hands of receiver of corporation. 3-707. 7. Receivers' Certificates. Payment by certificate as proper medium at judicial sale. 1915C-998. 738 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RECEIVERS Continued. Receivers' certificates, nature. 1913C-39. issuance and holder's rights and duties. 1913C-58. interest on bonds, issuance of certifi- cates to pay. 1913C-48. lien and priority in distribution of pro- ceeds of sale. 1913C-53. purposes of issuance. 1913C-47. validity of certificates. 1913C-51. 8. Actions by and Against Receivers. Actions by or against receiver after his discharge. 7-44; 1912D-905. Appeals, judgment respecting receivership, right of receiver to appeal. 1915D- 802.. order authorizing issuance of receiver's certificates, right to appeal from. 1913C-60. Equitable jurisdiction of receiver's suits against corporate directors or officers for negligence or wrongful acts. 7- 1121. Federal receivership, amenability to pro- cess of courts other than appointing court. 3-116. Mechanic's lien, receiver as necessary or proper party to foreclosure action. 1918B-23. Process, agent of receiver as agent within statute providing for service of pro- cess on agent of foreign corporation. 19-206. railroad in hands of receiver, service of process on. 1915B-597. Railroad receiver, burden of proving oper- ation of road by receiver in action, against him. 1913A-535. Setoff against receiver. 13-1027; 1916D- 599, 613, 615. Tort committed by corporation or partner- ship prior to appointment of receiver, right of action against latter. 1912A- 589; 1918E-263. RECEIVING STOLEN GOODS. Accessory or accomplice of thief, receiver of stolen goods as. 20-594. participant in larceny as accessory bo- fore the fact. 1912B-1211. RECEIVING STOLEN GOODS Con- tinued. Guilty knowledge on part of one charged, necessity and sufficiency of proof. 15-S99. Indictment or information, necessity of alleging name of thief. 18-196; 1914B-174. Inducement to commit offense with view to prosecution as constituting de- fense. 17-298. Participant in larceny, liability for re- ceiving property stolen. 1912B-1211. Possession of other stolen goods, admis- sibility of evidence in prosecution for receiving stolen property. 6-916; 1913D-166; 1915C-92. Property not actually stolen or having lost its stolen character, belief in stolen character as rendering receiver liable to conviction. 7-350. Receiving in one state property stolen in another as constituting offense of re- ceiving stolen property. 18-1026. RECENT. Meaning of term "recent" or "recently." 1918A-814. RECEPTACLES. Reuse or traffic in bottles or other re- ceptacles by person other than manu- facturer or owner, validity of statute regulating or prohibiting. 1915A-4S7. RECIPROCAL DEMURRAGE. Statute, ordinance or rule providing for, validity. 13-964; 19-1092; 1916E- 701; 191SD-1123. RECITALS. Deeds, recital of consideration as written promise to pay within statute of lim- itations. 2-470. -stranger as bound by recital in deed. 1915A-96. Frauds, statute of, recital "for value re- ceived" as sufficient statement of consideration in contract within stat- ute. 1912A-1242. RECKLESSNESS RECORDING ACTS. 739 RECITALS Continued. Public record, recital therein as proof of age. 1918E-266. Sheriff's deed, effect of misrecital therein. 1913B-195. "Wills, implied devise or bequest from re- cital in will. 1917D-431. RECKLESSNESS. Opinion "of witness as to reckless conduct of person, admissibility. 1913C-1092. RECONSIDERATION. Ordinance, right of municipal council to reconsider after defeat. 1913B-804. Statute, power of legislature to recon- sider vote on bill or resolution. 1913B-611. RECONVERSION. See Equitable Conversion. RECORDATION. See Recording Acts. RECLAMATION DISTRICT. Liability for torts. 15-909. ' ' * RECLAMATION OF ARID LANDS. Workmen's Compensation Act as applica- ble to employment. 1917D-14. RECOGNIZANCE. See Ball. Witness, power of court to require recog- nizance for appearance in criminal case. 1912D-338. RECOMMENDATION. Letter of recommendation, liability of person giving letter to one suffering loss through reliance thereon. 1916B- 378. Ve/dict, effect of recommendation to mercy accompanying verdict. 21-244. RECONCILIATION. Alimony, or sup'port money, effect of reconciliation of parties on decree or order for payment. 1912A-937. Attorney's fees in matrimonial action, reconciliation of husband and wife as affecting power of court to allow. 1913A-798. Separation agreement between husband and wife, effect of subsequent recon- ciliation. 1913A-1331. RECORDING ACTS. 1. In General 2. Instruments Entitled to Record. 3. Mistake in Recording. Recording or Failure to 4. Effect of Record. See Records. 1. In General. Assignments of mortgages, applicability of recording acts. 5-339; 1914C-753. Burning or destruction of record, effect as to recorded instrument, under statute providing for restoration of record. 20-34. Change in county or drstrict boundaries after recordation of instrument affect- ing either realty or personalty, effect of. 18-158. Conditional sales, jurisdictions wherein required to be recorded. 1916A-1273. Place of filing chattel mortgage given by more than one person. 1913C-839. Pre-existing instruments, constitutionality of recording acts with respect to. 5-258. Registry fee, requiring borrower to pay as usury. 1915C-777. "Residence" as synonymous with "domi- cile" in recording act. 1915C-790. Search of vendor's record title, how far back purchaser is bound to inquire. 1914A-1288. Sufficiency of record of instrument, where statute does not prescribe particular book for recordation. 7-356. 740 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RECORDING ACTS Continued. Tprrens Acts, validity and construction. 12-834; 1913C-871; 1918E-184. 2. Instruments Entitled to Record. Assignment of building contract, neces- sity for recording. 1918D-618. Instrument void on face as entitled to record. 1912C-675. Leases as included under "conveyances" in recording act. 1913D-1000. 3. Mistake in Recording. Deed intended as mortgage, effect of re- cording as deed. 8-104. Error in name of party to recorded in- strument, effect on chain of title and on constructive notice. 19150-97. Liability of recording officer for failure to index or error in indexing record to person injured. 20-487. Neglect of recording officer with respect to recordation as affecting operation of instrument as constructive notice. 4-561; 1913B-69. 4. Effect of Recording or Failure to Record. Acknowledgment of instruments, defec- tive, effect of registration. 1913B- 1073. Assignments, recordation as affecting priority of successive assignees. 17- 444. Attorneys, failure to record instrument, liability to client. 1917B-22. Bankruptcy, preferential transfer under Bankruptcy Act, period for determin- ing invalidity as computed from record or registry thereof. 1914D- 706. Chattel mortgage, acknowledgment, neces- sity for as affected by recording of instrument. 1915D-307. creditor entitled to attack chattel mortgage on ground of failure to file or renew, who is. 1912B-1106; 1917D-1162. validity as against person taking con- veyance subsequent to actual record- ing of chattel mortgage not recorded as required by statute. 1917A-196. RECORDING ACTS Continued. Defective description of real property, constructive notice from record of instrument containing defect. 1917B- 785, 796. Delay in recording instrument, effect on rights of intervening purchaser with- out notice. 7-367. fraud on creditors of grantor as aris- ing from delay in recording deed. 1918A-1054. Dower right as affected by failure to record deed to land aliened before marriage. 1913A-632. Escrow recorded without authorization, effect. 1917E-447. Fraud, record of instrument as construc- tive notice of fraud. 1917A-267, 274. Instrument not entitled to record, effec- tiveness of its recordation as notice. 1913B-1070. Leases, acknowledgment as condition to recording. 1918D-163. Mortgages, bankruptcy proceedings as affecting failure to record within prescribed time. 1913E-854. Pledge or collateral security, failure to file or record as discharge of surety. 1912D-117. Purchaser pendente lite, failure to record deed before commencement of action as affecting status of purchaser. 1918C-73, 83. Eecord of instrument out of line of title as constructive notice. 18-13; 1917E- 486. Unrecorded instruments, judicial sales, purchaser as chargeable with notice of unrecorded instrument affecting title to property. 1915B-236. precedence of recorded quitclaim deed over prior unrecorded conveyance. 8-1095; 19-320. priority between, and effect of record- ing conveyance after subsequent con- veyance is given. 1912A-194. purchaser of or from heir, right as against grantee in unrecorded con- veyance from ancestor. 1912B-1289. sufficiency of unrecorded deed to give color of title. 1-761. RECORDS REDEMPTION. 741 RECORDS. See Recording Acts. Abstract of public record, right to inspect and make abstract of record without payment of fee to custodian. 6-542. Age as provable by recital in public record. 1918E-266. Burning or destruction of record as affect- ing recorded instrument. 20-34. Corporate record, admissibility in evi- dence. 1917D-558. Court minutes, effect of entry of names of parties followed by phrase "et al." 14-571. Foreign official, record, admissibility in evidence. 19-1219. Grand jury, minutes as subject to inspec- tion by indicted person. 4-1055. Identification of record by stranger. 6 500. Internal revenue record, certified copy as admissible to prove possession of federal liquor license. 1918D-779, 792. Libel 'and slander, record of court or other tribunal, admissibility in evi- dence on issue of truth of charge. 1915D-895, 898. Lost or destroyed, parol proof of con- tents of judicial records. 1916D- 248. Municipal record, citizen's or taxpayer's right to inspect. 1913E-60. parol evidence to aid, vary or contra- dict. 7-1045. Nunc pro tune amendment, sufficiency of evidence to authorize. 1915D-68J, 692. Physician's death certificate, admissibility in evidence of public record contain- ing. 1918C-766. , RECOUPMENT. See Setoff and Counterclaim. Existence of right at time of commence- ment of action, necessity. 17-429. .Rule that recoupment is available to de- fendant only where he could enforce claim in action against plaintiff. 1914A-386. Setoff, recoupment and counterclaim dis- tinguished. 1914B-119. RECOVERY BACK. See Payment. RECOVERY OVER. See Exoneration. RECRIMINATION. See Divorce. RECTOR. See Ministers of the Gospel. REDEMPTION. Dower in equity of redemption, right of. 1912A-410. Judicial sales, assignment of certificate of judicial sale, effect upon redemp- tion right. 1913E-1191. expiration of statutory period for re- demption, time to redeem thereafter. 1913E-1187. time to redeem as running from date of sale or date of confirmation thereof. 1913E-41. "interest," meaning as applied to re- demptions. 1912B-524. Mortgages, bankruptcy, value of mort- gagor's interest in mortgaged prop- erty as affecting insolvency within bankruptcy law. 11-451. conveyance of premises to mortgagee in consideration of release from lia- bility under mortgage, validity of agreement by mortgagor. 1913C- 1243. debts subsequently contracted between redemptioner and mortgagee, neces- sity for payment by person filing bill to redeem. 1914A-730. extension of time for redemption, con- stitutionality of act. 2-801. lessee's right to redeem from fore- closure of mortgage. 1915A-400. married woman's right to redeem mort- gaged premises during life of hus- band. 6-475; 15-315. quasi-public corporation, right of re- demption as applicable to. 1913A- 626. quitclaim deed as passing equity of redemption. 1913C-363. right to redeem as incident of mort- gage. 1912D-959. 742 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. REDEMPTION Continued. tenant for years, right to redeem from mortgage. 4-807. tender of mortgage debt after fore- closure, effect. 1914C-677. Tax sales, infant's right to redeem from. 1914C-421. notice to redeem from tax sale, suffi- ciency with respect to statement aa to expiration of time to redeem. 1917A-243. RED FLAG. Yalidity of statute regulating carrying in parade. 1916D-849. REDUCED RATES. Validity of statutes requiring reduced pas- senger rates to certain classes of per- sons. 2-420; 9-1130; 1912C-841; 1913E-49&; 1916E-959; 1917C-92. REFERENCE. Award, necessity that all referees join in. 15-507; 1916B-808. impeachment of award for mistake of fact not involving exercise of judg- ment. 1918C-974, 1001. Compulsory reference in equitable action, right to order independently of stat- ute. 1912D-1136. Fees of referee, personal liability of attorney. 1917B-524. Findings of fact by master, conclusive- ness and weight. 19-908. Matters submitted for decision, necessity that referee determine all. 1916A- 359., Objection or exception to error on hear- ing before referee, necessity of tak- ing. 20-193. , Overruling previous order or ruling of judge, power of referee. 1913C-1250. Presumption as to determination of all matters submitted for decision. 1916A-362. Eeport of referee, failure to file within time fixed by statute or 'order of reference, effect. 1913D-604. Resignation of referee, power to resign, 1915A-535. REFERENCE Continued. Termination of authority 1918C-616. of referee. Witnesses, right of referee to call witness on own initiative. 18-165. REFERENDUM. See Initiative and Referendum. REFORMATION OF INSTRU- MENTS. See Rescission, Cancellation and Reforma- tion. REFORMATORIES. Commitment of wayward children with- out jury trial, constitutionality of statutes providing for. 5-96. Nuisances, reformatory as nuisance. 1913E-858. Sentence for period not exceeding maxi- mum or until discharged under board rules as constituting cruel and un- usual punishment. 19-732. Statutes relating to reformatories, .^effect of partial invalidity. 1916D-77. REFRESHING MEMORY. Inspection of memorandum or paper used by witness to refresh memory, right of opposite party. 9-560. Eight of witness to refresh memory from published statement or report made by him instead of from original memorandum. 1913B-582. REFRESHMENTS. Juror furnished refreshment by success- ful party as ground for new trial. 1912B-747. ' REFUNDS. Internal revenue tax, refund by United States. 1916A-291 Unearned premium on fire insurance policy, necessity of refund to effect cancellation bv insurer. 12-1067. REFUSE. See Garbage. REGARD RELATIONSHIP. 743 REGARD. Term "deem" or "deemed" as meaning "regard" or "regarded." 16-482. REGISTRATION. See Recording Acts. Animals kept for breeding purposes. 1916A-566. Automobiles, failure to comply with statutory regulation as to registra- tion as affecting rights and liabilities of owner or driver. 18-242; 1914A- 128; 1918D-847. license number on motor vehicle as evidence of ownership. 1916D-1163. municipal regulation with respect to registration. 1916E-1048. ownership -of motor vehicle, conclusive- ness of license register. 1918E-737. Motorcycles, registration requirements. 1917A-21S, 232. effect of failure to register on right of action by driver for collision. 1917A-225. Municipal bonds, negotiability as affected by registration. 5-197. Voters, change of registration by voter. 1917A-1278. failure to comply with registration law, effect on validity of votes cast at election. 1916E-408. refusal to permit registration or erasing name as subjecting election officers to civil liability. 20-1015. "knowingly" registering illegally. 1912A-436. validity of statute providing for regis- tration. 1913B-17. REGULATIONS. See Rules and Regulations. REHEARING. Amicu8 curiae, power to make application for rehearing. 1915A-198. Appellate court's jurisdiction to grant rehearing after remand. 11-865; 1917A-285. Arbitration and award, necessity of re- hearing and notice thereof before umpire or third arbitrator. 16-557. REINSTATEMENT. Beneficial associations, survival of right of reinstatement. 6-698; 17-1175. Disbarred attorney, reinstatement of. 1912A-813. Insurance, application for reinstatement of insurance, construction of repre- sentation that person applying is in good health. 1918D-1005. REINSURANCE. Effect on rights of insured, after reinsur- ance, of limitation clause as to suit on policy. 7-37. Payment or loss by reinsured as prerequi- site to recovery from reinsurer. 14 951. Eight of policy-holder to bring action on policy against reinsurer. 1914A- 1144. RELATION BACK. Executor's remuneration as relating back ab initio. 20-840. Eeceiver's title as vesting beyond time of appointment. 20-554. RELATIONSHIP. Affinity, when relationship terminates. 1912B-1028. Declarations of relationship to decedent, admissibility in behalf of relative or declarant who is claimant of de- cedent's estate. 21-1305; 1915C-1044. Depositions, qualification to take deposi- tions as affected by relationship. 6- 611. Tncest, evidence of relationship in prose- cution. 21-558. knowledge of relationship as affecting crime. 4-569. relationship by affinity as within stat- ute against incest. 1913A-102. Insanity of ancestors or kindred, admissi- bility on issue of sanity. 6-29; 1918B-124. Interpreter, relationship to party as af- fecting competency. 1913D-286. Judge or justice of peace, degree of re- lationship to party necessary to dis- qualify. 12-516. 744 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RELATIONSHIP Continued. . probate matters, relationship as dis- qualifying judge to act. 1912C- 1165. relationship of judge to counsel as dis- qualification for trial of cause. 1917A-1238. Juror, disqualification by relationship to witness. 1912B-1060. relationship to stockholder of corporate party as disqualifying juror. 21- 642. Life insurance, affinity relationship as supporting insurable interest in life. 1917C-158. misrepresentation of relationship of in- sured to beneficiary as avoiding policy. 4-336; 11-72. Marriage within prohibited degrees as void or voidable. 1-613; 1917C-149. "Near," meaning of word with respect to relationship. 1913D-121. "Nearest blood relation" or similar phrase, meaning in will designating legatee or devisee. 1915A-476. Parol evidence as admissible in constru- ing words of relationship in will as including illegitimates. 1915B-51. RELATIVES. Age of person, competency of relative to testify to. 1918A-262. Alienation of affections of spouse, lia- bility of relative for causing. 6- 663; 1917E-1027. Duress, contract induced by threats of criminal prosecution against relative other than parent, child or spouse. 1917C-1033. Homicide, defense of relative as jus- tifiable homicide. 13-1055. killing or assaulting relative as suffi- cient provocation to reduce homicide from murder to manslaughter. 13- 1085; 1914B-457. Libel and slander, communications be- tween relatives as privileged. 1917E- 898. Mental anguish of relative in telegraph cases, excessiveness of verdict. 1913B-247. Physician's services, request by relative as implying agreement to pay there- for. 1914C-587. RELATIVES Continued. Services rendered between relatives, im- plied contract to pay for brother's or sister's services. 8-203. uncle or aunt or nephew or niece, im- plied contract to pay for services rendered. 1913C-307. Sickness or death of relative, liability for refusing to permit person to visit or attend funeral. 1914A-1248. Wills, insane delusion with respect to relatives as affecting testamentary capacity. 1916C-4, 29, 33, 35. "nearest relative" or similar term, meaning in designation of legatee or devisee. 1915A-475. "relative" in statute against lapsing of legacies or devises. 10-920. RELEASE AND DIS- CHARGE. 1. In General. 2. Validity. 3. Construction and Effect. 4. Avoidance and Rescission. See Bankruptcy; Suretyship. 1. In General. Army and navy, release from detention of military or naval authorities, right of infant unlawfully enlisted. 16- 129. Attorneys, release unauthorized by client liability of attorney. 1917B-14. Banks, power of cashier to release person liable on bill or note. 6-52. Bills and notes, discharge of accommoda- tion party under negotiable instru- ment law by extension of time to principal debtor. 1913C-527; 1918A- 1103. extension of time to comaker as dis- charge of accommodation joint maker. 13-999. payment to bank where note made pay- able as discharging maker. 5-298. renewal note as discharging original. 1915A-1084. Composition with creditor as discharge of debtor. 1914A-838. RELEASE AND DISCHARGE. 745 RELEASE AND DISCHARGE Con- tinued. surety or collateral security as released by composition with creditors. 1914A-841. Conditional delivery of release, parol evidence as admissible to show. 1912D-1308. Consul's release of claim of alien benefi- ciary for death by wrongful act, validity. 1918A-933. Corporations, subscription to corporate stock, release as arising from altera- tion in charter or change in corporate design. 1918A-79. voluntary payment by stockholder of full quota of liability to creditor or creditors as discharging him from further liability. 1913D-71. Debtor's obligation to testator, parol evi- dence as admissible to determine in- tent to discharge by bequest. 1915B-57. Dower, antenuptial agreement for release of dower and like interest in prop- erty of intended spouse, validity. 4-804; 16-710; 1914B-620. express contract with husband releas- ing dower, right of married woman to make. 1917A-48. separate instrument not joining hus- band, right of married woman to release dower. 13-143. Executor's debt to testator as discharged by his appointment as executor. 1913E-1278. Guaranty, creditor's acceptance of bill or note from debtor as discharge of guarantor. 4-884; 1916A-1193. Inheritance rights, construction of ante- nuptial contract with respect to re- lease of right to inherit. 1914C-192. Insurance, release by insured of person causing loss as affecting subrogation rights of insurer. 1917A-1298, 1308. Landlord and tenant, assignment of lease as discharging lessee's liability for rent. 1916E-795. Mechanics' liens, tender as discharging lien. 1912B-932. Mortgages, extension of time to mort- gagee assuming mortgage debt as re- leasing mortgagor from personal lia- bility. 9-259. RELEASE AND DISCHARGE Con- tinued. Novation, whether release of debtor by novation of contract may be estab- lished by implication. 1912D-508. Official bonds, bankruptcy discharge as affecting liability of surety. 4-66. statute providing for release of surety of public officer from liability, va- lidity. 1912A-73. Partnership, acceptance of obligation of one partner for firm debt as dis- charging other partners. 1915C-1201. discharge of partner from liability for partnership debt as discharge of other partners. 1912D-624. guaranty as discharged by change in firm or corporation. 15-1020. Eeceivers, action by or against receiver after his discharge. 7-44; 1912D- 905. Subjacent support, liability as released by grant of mining rights, what con- stitutes release. 10-874. 2. Validity. Expectancy in estate relinquished by heir in consideration of advancement, va- lidity and effect of agreement. 17- 725. validity of release of expectancy in es- tate made by heir to another. 1913B-451. Mental incapacity of releasor, effect upon release of claim for personal injuries. 3-574. Re-employment of releasor by releasee as consideration for release, validity of such release. 4-647; 1916E-175. 3. Construction and Effect. Death by wrongful act, release by de- ceased as affecting right to recover. , 1-232; 7-1090; 1914D-499; 1918A- 312. General words and particular recitals, construction of release with respect to. 1912A-502. Gifts, execution of release as good gift of debt of donee. 1915A-19. Joint tort-feasors, effect of release. 1- 63; 11-397; 1913B-270; 1918D-279. release of joint tort-feasor not actually liable, effect. 8-1042; 12-1065. 746 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AND DISCHARGE Con- RELIGION Continued. RELEASE tinned. Personal injuries, unknown or subse- quently developing injury, effect of re- lease of claim upon right of recovery therefor. 4-548. Servant's discharge from personal liability, effect upon master's liability for ser- vant's act. 9-660; 21-1013; 1915C- 191. Workmen's compensation, rights of depend- ents under act as affected by release by deceased. 1915B-830. 4. Avoidance and Rescission. Fraud, respective jurisdictions of law and equity to avoid release for fraud. 13- 756. Infant's right to repudiate release of dam- ages for tort. 12-689; 1914A-997. Misstatements by physician as to nature of personal injuries, avoidance of re- lease of claim on account of. 20-750; 1918A-358. Repudiation of release procured by fraud, necessity of returning or tendering consideration. 4-655; 6-807; 8-179; 1912D-1084. Rescission of release, right for mutual mis- take of law. 20-1247. RELIEF DEPARTMENTS. Existence of relief department as affecting liability of master to furnish medical aid. 1915D-509; 1918D-1053. Federal Employers' Liability Act, recovery thereunder as affected by acceptance of benefits of relief department. 1916A-783; 1918E-1193. Membership contract by injured employee as operating as discharge of master's liability for negligence. 1912A-1153. Railroad company's power to conduct as in- cidental to main business. 4-911. maintenance of relief department by railroad company as ultra vires. 6-11. RELIGION. See Religious Societies. Belief in seventh day of week as Sabbath as defense to prosecution for violation of Sunday law. 10-948. Confession induced by appeal to religious or moral convictions as affecting ad- missibility. 1913B-310. Custodian of child, religious belief as con- sideration in determining right to cus- tody on habeas corpus. 1914A-752. Dying declarations, want of religious be- lief on part of declarant as affecting admissibility or weight. 16-148. Guardian and ward, religious belief as af- fecting qualifications of person as guardian. 1915C-361. Infant as witness, religious belief as test of competency. 14-5. Juror, religious affiliations as affecting competency. 17-343. Masses, validity of bequest for celebration. 14-1025. Medical attendance denied another on ground of religious belief as defense to criminal prosecution. 1913B-1221. Municipality's power to take property for religious purpose as trustee. 17-749. Ordinance of 1787, provision respecting re- ligion as affected by admission of state into Union. 1915D-950. "Place of worship," or "meeting for divine worship," within statute against dis- turbance thereof. 19-448. Public property, use for religious worship, power of public authorities to author- ize or prohibit. 1914B-303. Schools, teaching religious doctrines in public schools. 2-522; 19-234; 1916A- 312. wearing of sectarian religious garb by teacher in public school. 6-435; 1912A-428. Subversion of religion, validity of testa- mentary gift for purpose. 1917B- 1024; 1917D-788. Sunday, observance imposed as religious duty as improper exercise of police power. 12-1098. seventh day of week, constitutionality of Sunday law which fails to make ex- ception in favor of persons observing seventh day. 7-934. Wills, legacy or devise conditioned on re- cipient renouncing or embracing par- ticular religious belief, validity. 7- 656; 1917B-1024; 1917D-788. RELIGIOUS SOCIETIES REMAINDERS AND REVERSIONS. 747 RELIGION Continued. testamentary capacity as affected by re- ligious belief (other than spiritualism.) 1915D-573. Witnesses, competency as affected by re- ligious belief. 14-5; 12'-155. RELIGIOUS SOCIETIES. See Religion. Adverse possession, right of religious cor- poration to acquire title by. 1915C- 773. "Church," meaning of term in statute pro- hibiting sale of liquor within specified distance of church. 1914D-774. Communistic society or corporation as con- trary to public policy. 11-236; 1917A- 468. Consolidation or reunion of churches, juris- diction of civil court to review de- cision of ecclesiastical tribunal with reference thereto. 19-289. Devise or bequest to church as charitable use. 14-1025; 1914D-451. Discipline of member, right of court to re- view action of church authorities. 7- 767; 1918C-622. Dissolution or termination of existence. 1918D-1056. reorganization after dissolution. 1918D- 1061. Disturbance of place of worship within statute against disturbing religious meetings. 19-448. Expulsion of member, right of court to re- view. 7-767. Factions of religious society, allotment of property between. 20-410. Jurisdiction of civil court to review de- cision of ecclesiastical tribunal with reference to consolidation or reunion of members. 19-289. Label and slander, utterance of representa- tive other than statement from pulpit as actionable. 1918C-780. Mechanic's lien against religious institu- tion, right to. 1915D-1145. Pew owner, rights as affected by transfer of church property. 1913C-476; 1915C-951. School or school exercises, holding in church or sectarian building. 1918C- 589. RELIGIOUS SOCIETIES Continued. Taxation, exemption of religious institu- tion, what included. 1912A-354; 1918B-532. parsonage or residence of minister, priest, etc., as included within exemp- tion. 11-1102. Torts of subordinates, liability of head of institution. 1915B-1234. Trusts, power of municipality to take property for religious purposes as trus- tee. 17-749. REMAINDER. Meaning of "all" as used in will in con- nection with "remainder." 1917E-78. REMAINDERS AND REVERSIONS. 1. In General. 2. Rights and Liabilities of Life Tenant and Remainderman. 1. In General. Acceleration of remainders. 1914A-856. widow's renunciation of will, acceleration of remainder. 1913E-421; 1915 A- 1227; 1918C-413. "Assigns" as including remainderman. 1913B-740. Contingent remainder as "interest" in real estate. 1912B-525. destruction of contingent remainder to unborn person. 1917A-902, 921, 925, 932. devise of contingent remainder, validity. 1918B-851. Conversion of property by life tenant, when statute of limitations begins to run. 16-540. Cross-remainders by implication. 1916B- 713. Devise over after estate with power of dis- position, validity and effect. 7-953. limitation upon indefinite failure of issue, validity. 6-648. time to which words of survivorship re- fer in devise or bequest of remainder after life estate. 14-706. 748 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. REMAINDERS AND REVERSIONS Continued. Dower as attaching to realty in which hus- band has interest only in remainder or reversion. 1912D-779. "Freeholder," remainderman as. 1913D- 328. Gift for charitable use conditioned for re- version if property applied to other purposes. 12-816. Improvements by life tenant as requiring compensation. 1913A-489. Incumbrance on fee discharged by life ten- ant, right of reimbursement. 8-725. Judgments and decrees, effect on unborn remaindermen. 2-790. Predeceased child, right of representative to share in remainder given to chil- dren as a class. 2-645; 1917B-1245. Quitclaim deed as passing remainder. 1913C-367. Sale of vested interest in remainder or re- version, inadequacy of consideration as ground for vacating. 1914B-1042. gift over to heirs of testator as vested or contingent. 1917A-859, 871; 1918D- 983. Vested or contingent remainder, character of remainder defeasible by execution of power. 5-810. Waste, remedy of contingent remainder- man. 191SA-543. REMAINDERS AND REVERSIONS Continued. Injuries to estate, life estate and inheri- tance both injured, right of life tenant to recover damages. 1916C-881. stranger's injury to realty, remainder- man's right of action. 6-145. Merger of estates, as dependent upon in- tention of parties. 7-700. where life tenant is also trustee of prop- erty. 1917A-1221. Mining lease proceeds, respective rights of life tenant and remainderman. 1915A-518. Partition of property, right of remainder- man or reversioner. 21-264. Sale of property by life tenant, estoppel of remainderman to repudiate. 1915A- 1001. Special assessment, liability to pay as be- tween remainderman and life tenant. 1914B-817. Stock dividend, right to, as between life tenant and remainderman. 12-65; 1912B-1218; 1915A-311. Tax titles, failure of life tenant to pay tax, right of remainderman to acquire tax title. 1916D-326. joint remainderman in expectancy, right to acquire a title to property. 1913E- 152'. 2. Rights and Liabilities of Life Tenant and Remainderman. Conveyance of interest of one remainder- man to another, validity. 1917A-520. Creditor's bill to reach remainderman's in- terest. 1914B-954. Depreciation of securities by wearing away of purchase premiums as chargeable to life tenant or remainderman. 10-515. Ejectment, joinder of remainderman and life tenant in action. 1912C-241. Execution sale, right of remainderman to enjoin. 1918C-267. Fixtures, right to as between life tenant and remainderman. 2-405. Inheritance tax, apportionment between life tenant and remainderman. 20-1360. time for imposing tax. 5-237. REMAINING DUE. Legal meaning of term. 1918E-791. REMAND. See Appeal and Error. REMARRIAGE. Contempt of court, remarrying in foreign jurisdiction after decree of divorce forbidding as constituting contempt. 1914A-1175. Estoppel by remarriage to attack decree of divorce. 1917E-125. Extraterritorial effect of divorce decree or statute prohibiting remarriage of party or parties. 15-758. REMEDIES REMOVAL FROM OFFICE. 749 REMEDIES. See Actions and Proceedings; Election of Remedies. Anticipatory breach of contract or preven- tion of performance, remedies of party. 1-427; 12-1108; 1913C-384; 1917E-712. Beneficial associations, exhaustion of reme- dies under by-laws before recourse of member to courts. 3-211; 1915B-318. Bulk sales law, remedies of creditor for violation. 1916C-928. Change of remedy by retrospective statute as impairing obligation of contract. 5-324. Contacts incapable of specific enforcement, breach as restrainable by injunction. 3-976. Copyright infringement, remedies under former and existing laws. 1912C-566. Corporations, merger, remedy of creditor of one corporation after merger with another. 1914C-449. stockholder's remedy for deprivation of right to subscribe for new stock. 9 747; 1918B-133. Covenant not to engage in same business as covenantee, injunction as remedy. 1916C-187. Deeds, breach of condition in conveyance for support of grantor. 12-899. Force, remedy by force as affecting com- plainant's right to injunctive relief. 16-730. Foreign corporations, suspension of reme- dies for failure to comply with stat- ute. 2-66; 13-512; 1914A-702. Insurance contracts, law governing reme- dies. 19-41. Landlord and tenant, second distress, ten- ant's remedies by trespass, trover or replevin. 3-821. Mandamus as action or special proceeding. 8-311. Martial law, remedy of persons aggrieved by enforcement. 1914C-30. Mines and minerals, covenant in mining lease for diligent prosecution of work, remedy for breach. 20-1172. flooding mine by neighboring mine owner, remedy of injured party. 1914C-460. removal of minerals from soil by tenant in common, remedy of cotenant. 1918B-583. REMEDIES Continued. Mortgage foreclosures, remedy of persons improperly omitted as parties to fore- closure proceedings. 4-848. Public officer performing official acts out- side of jurisdiction, remedy against. 1914C-328. Eeplevin, remedy where verdict fails to find unlawful taking or detention. 20-431. Subrogation of surety as including reme- dies against third persons. 13-429. Taxation, statutory remedy for 'collection of taxes as exclusive of other remedies. 7-18; 13-729; 1915D-741. Warranty, remedy for breach of warranty on sale of seed. 1918B-82. Waste, remedy of contingent remainder- man. 1912A-543. REMISSION. Fines and forfeitures, power of executive to remit. 17-603. REMITTITUR. Damages, consent of losing party to remit- titur, necessity. 2-675. Excessive verdict granted through passion or prejudice. 3-939; 1912C-509. REMONSTRANCE. Drainage district organization, remon- strance against. 1915C-17. Municipal improvement, who may remon- strate against. 1918E-837. REMOVAL FROM OFFICE. See Public Officers. Corporations, power of court to remove officer of private corporation. 20-598. removal of officer of private corporation. 1913B-669. Executors and administrators, effect of re- moval of executor on his powers or duties as trustee. 1914C-609. power of court to remove executor or ad- ministrator. 1915D-284. Guardian, removal as resting in discretion of court. 1912B-977. 750 INDEX TO THE NOTES, 1 ANN. CAS. TO. ANN. CAS. 1918E. REMOVAL FROM OFFICE Continued. REMOVAL OF CAUSES Continued. Next friend, power of court to remove where not proper party to prosecute suit. 1914A-943. Trustees, antagonism or ill feeling be- tween trustee and beneficiary as ground for removal of trustee. 1918B- 1045. power of court to remove trustee who goes out of jurisdiction. 20-816. REMOVAL OF CAUSES. 1. In General. 2. Petition and Grounds for Removal. 3. Proceedings After Removal. 1. In General. Appealability of order transferring cause from state to federal court. 1916D- 1049. Extension of time for filing application to remove cause by order of court or stipulation. 14-268. Foreign corporation, validity of statute providing against removal of action brought against it into federal court. 6-325; 1912C-1160. ""Revenue laws," meaning in statute relat- ing to removal of causes. 1918B-217. 2. Petition and Grounds for Removal. Denial of civil rights, right to remove cause from state to federal court. 5 704. Diverse citizenship, when defendant corpo- ration is entitled to remove action on ground of. 12-520. Joinder of all defendants, necessity in pe- tition to remove action against non- resident defendants on ground of diversity of citizenship. 11-962. Joint action for tort against resident and nonresident defendants, removal from state to federal court on ground of separable controversy. 41150, 1154; 8-75; 9-760. Prejudice or local influence, right to re- move for, as dependent upon citizen- ship of parties. 4455. Questions of fact on petition for removal, right of state court to determine. 5- 247; 1912A-236. Waiver of right to remove cause. 1913A- 1337. 3. Proceedings After Removal. Costs accrued prior to removal, taxation. 1912A-1279. Dismissal or nonsuit in federal court as af- fecting subsequent jurisdiction of state court. 4-891; 9-942; 1913A-332. Injunction against further proceedings in state court, power of federal court to which cause has been removed. 13- 1071. Jurisdiction of particular federal court to which case is removed from state . court, waiver of want of jurisdiction. 14-1172. REMOVAL OF PROP- ERTY. Carrier of goods, reasonable time for re- moval of goods by consignee from premises of carrier, what constitutes. 21-531; 1918E-1114. Fire insurance, removal of goods with con- sent of insurer as covered by fire in- surance policy during process. 14- 691. Mechanics' liens, improvement giving rise to mechanic's lien, removal as extend- ing lien to land. 2-812; 1913A-943; 1914D-681. removal of building as subject to me- chanic's lien. 1912B-14. Subject matter of litigation removed pend- ing appeal as contempt of appellate court. 1912A-516. REMOVING. Removing from state. 1912D-470., RENEWALS. Bills and notes, estoppel to set up failure or want of consideration by giving re- newal note. 1916A-S26. 1 notice of dishonor as waived by renewal or promise to renew note. 1912A-442. renewal note as discharging original. 1915A-1084, 1094. BENTS AND PROFITS REPAIRS. 751 RENEWALS Continued. Leases, breach of covenant to renew, measure of damages recoverable from lessor. 1913D-208. covenant of renewal as enforceable for part only of leased premises. 17-113. holding over by tenant under lease giv- ing option of renewal as exercise of option. 6-341; 19-399; 1915D-252. implied trust arising from renewal of lease. 7-295; 1912B-1100. new lease of premises as affecting option for purchase contained in lease. 1915A-357. option for renewal, time for which re- newal may be had under indefinite agreement in lease granting option. 6-102. perpetual renewal, construction of cove- nant for renewal as constituting one for perpetual renewal. 13-1006; 1916C-1096. Usury, renewal contract as affected by usury in original contract. 1918A 753, 769. RENTS AND PROFITS. See Landlord and Tenant. Decedent's realty, liability of personal rep- resentative and sureties for proceeds in his hands. 19-565. Fire insurance, loss of rents indemnified against by policy, construction of pro- vision. 18-514. Fraudulent conveyance, liability of grantee for rents and profits. 1914A-1008. Judicial sale, right of purchaser of leased land with respect to rents. 1912B- 398. Mortgages, application of rents and profits in hands of mortgagee in possession. 3-1132. - bankruptcy of mortgagor, right to rents and profits of mortgaged property. 1913E-855. Profits distinguished from rents. 20-691. Royalty and- rent, distinction between. 1916E-1225. Rental value, evidence as admissible to show value of use of chattel. 1914B- 809. Tenant in common in sole possession, lia- bility to account to cotcnant for rents. ' 18-1082. RENUNCIATION. Contract, renunciation after partial per- formance, remedies of party. 1913C- 387. Executor or testamentary trustee, what constitutes renunciation of trust. 20- 836; 1918D-459. retraction of renunciation, right of ex- ecutor or testamentary trustee. 1916D-1301. Wills, renunciation of legacy or devise, as affecting liability to succession tax. 10-1036. widow's renunciation of will, effect on rights of other legatees or devisees. 1913E-416; 1918C-412. REOPENING CASE. Right of court after submission to jury to reopen case for reception of additional evidence. 1913C-1010. REPAIRS. See Landlord and Tenant; Streets and Highways. Automobiles, lien for repairs. 1916A-630. Dower, duty of tenant in dower- to repair buildings on dower land. 1912B-1215. Federal Employers' Liability Act as pro- tecting railroad employees engaged in making repairs. 1914C-167; 1916E- 476; 1918B-59, 70. Lien for repairs as assignable. 1916A- 619. Master and servant, assumption of risk by servant as affected by master's promise to repair. 9-1011; 1913C- 505. machinery or appliances repaired after accident, as admissible in evidence. 11-502; 1913E-356. Mechanics' liens, when cover repairs. 1912B-12. Railroads, care required in keeping in repair fences on railroad right of way. 11-430. Eeceivers' certificates, issuance to pay for repairs. 1913C-48. Specific performance of contract to repair. 9-160; 1913A-923. 752 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. REPAIRS Continued. Telephone instrument, neglect of com- pany to repair as discrimination toward patrons. 1912C-141. Toll bridges, nature of repairs required. 11-1200. Trust of indefinite duration for repair of residence as offending rule against perpetuities. 1914B-551. REPLEVIN Continued. Force in execution of writ, use by officer. 1915C-1142. Institution of suit of replevin as ground for action of malicious prosecution. 18-812. Jurisdiction of action to recover person- alty located in another state or county. 1912B-838. REPEALS. Ordinances, implied power of municipality to repeal. 1913D-768. Statutes, adopted statute, effect of repeal upon adopting statute. 9-303; 1916B- 375. contract made void by statutory provi- sion, effect of subsequent repeal of such provision. 1913C-1398. criminal statute, effect of repeal after judgment. 1-220; 16-469. implied repeal of statute by code, re- vision or re-enactment. 5-202. judgment in action based on civil stat- ute as affected by its repeal there- after. 1912B-1157. re-enactment by reference in later stat- ute to repealed statute. 17-437. revival of repealed statute as accom- plished by repeal or amendment of repealing statute. 1918B-281. REPETITION. Libel or slander, repetition by others, lia- bility of author of libel or slander. 1916E-908. running of statute of limitations against action as affected by repetition of libel or slander. 1917C-66. REPLEVIN. 1. In General. 2. Property Subject. 3. Actions and Defenses. 4. Damages. 5. Return of Property. 6. Bond in Replevin. 1. In General. Execution as evidence of officer's right to make levy. 18-1128. 2. Property Subject. Conditional sales, right to replevin prop- erty held under contract of condi- tional sale. 1-268. Crops growing or standing as personalty subject to replevin. 5-480. Deeds, replevin for possession of deed. 17-1016. Disposal of property wrongfully by de- fendant, right to maintain action of replevin. 14-1120. Intoxicating liquors, liability to replevin. 17-301. Mail as subject to recovery in replevin action against postmaster. 17-1071. Money as recoverable in action of re- plevin. 1916A-737. Seizure of goods under process against an- other, right to maintain replevin. 7 907; 11-302. Stolen goods, recovery in civil action against thief. 19-647. 3. Actions and Defenses. Complaint, allegation as to ownership or right of possession, necessity and sufficiency. 11-1150; 1912A-333. Demand necessary to support action, time for making. 14-815. General denial, what may be shown under. 20-297. Lien as showable under general denial in replevin. 20-299. Opinion of witness as admissible to show ownership of property. 1912C-666. Outstanding title in third person, right of defendant to show. 1912D-20. Parties in replevin, general rules. 1-984. Setoff or counterclaim as defense to ac- tion of replevin. 1913A-105. REPORTS REPRESENTATIVE CAPACITY. 753 REPLEVIN Continued. Title necessary to support replevin, gen- eral rules. 1-984. Verdict, effect of failure to find unlaw- ful taking or detention. 20-430. separate valuation of several articles involved, necessity that verdict give. 1912D-849. 4. Damages. Depreciation in value of property re- turned, right of defendant to com- pensation for. 2-961. Detention of property during appeal, right of successful party to recover dam- ages. 1916A-622. Punitive damages in replevin or claim and delivery actions. 4-71. Value of use of property while deprived of its possession as recoverable by successful party. 1914A-378; 1917B- 1086. 5. Return of Property. Refusal to receive back replevied prop- erty and sue on bond, right of suc- cessful defendant in replevin. 1913E 1162; 1914D-111; 1917D-704. Return of part only of property, right of plaintiff against whom judgment has been rendered. 1912B-308. 6. Bond in Replevin. Attorney's fees, right to recover in action on bond. 1916D-874. Breach of condition to prosecute action, right to recover value of property. 4-1135. Discharge of surety by discharge of prin- cipal in bankruptcy. 15-958. Judgment against principal as evidence against surety. 9-157; 1915D-407. Recitals in writ or bond as evidence of value in action on bond. 18-113. Sureties fewer than required number, ef- fect. 9-708. Third person adjudged to be entitled to property, plaintiff's undertaking in replevin as inuring to former's ben- efit. 1913D-1106. Index to Notes 48 REPORTS. "About," meaning with reference to quan- tity in report. 1918D-706. Census reports as evidence. 9-882. Corporations, what constitutes "knowingly making false report by corporate officer." 1912A-435. Criminal law, falsity of reports influ- encing criminal act as admissible in evidence. 11-607. Eminent domain commissioners, amend- ment or correction of report. 1915A 722. Grand jury, power to report crime or mis- conduct otherwise than by indict- ment or presentment. 1916E 228. report as privileged within law of libel. 1918E-1196. Judicial decisions, weight and effect of opinions not officially reported. 11 1107. Market reports as evidence. 12-127; 1913E-211. Mercantile agency, report as privileged with,in law of libel and slander. 12 149; 1916D-764. statement to or report by agency as evidence. 1916D-760. Referee, effect of failure to file report within time fixed by statute or order of reference. 1913D-604. REPRESENTATIONS. See False Pretenses; Fraud; Life Insur- ance. Carrier's liability for loss or injury of goods as affected by misrepresenta- tion or concealment of their nature or value. 5-120; 1912A-369. Character, credit or ability of another, construction of statute requiring representations to be in writing. 1- 690; 12-332; 1914A-953. REPRESENTATIVE CAPACITY. Judgment in action by or against indi- vidual as res judicata in action by same person in representative capa- city. 191SE-1103. representative capacity, judgment in ac- tion against person as res judicata in 754 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. REPRESENTATIVE CAPACITY Con- tinued. action by same person individually. 1918E-1096. Pleading, amendment so as to change ca- pacity in which plaintiff sues from representative to individual one or vice versa. 1916C-401. executor or administrator, necessity of allegation that suit brought by him is in representative capacity. 1916E- 114. REPUDIATION. Contract to convey land, necessity of return of consideration paid on re- pudiation of contract which is abso- lutely void. 1914C-S98. Infant's contract for services, right to re- cover therefor upon repudiation of contract. 1916E-261. release of damages, right of infant to repudiate. 12-689; 1914A-997. Release of damages for personal injuries procured by fraud, necessity of re- turning or tendering consideration upon repudiation of release.' 4655; 10-739; 1912D-1084. Specific performance of contract for sale of land, repudiation by vendor as obviating necessity of tender of pur- chase price as condition to specific performance. 1913C-648. Stock subscription, right of subscriber after insolvency of corporation to re- pudiate on ground of fraud. 16-178. Vendee repudiating contract on ground of statute of frauds, right to recover for his acts of part performance where vendor is willing to carry out contract. 1914D-471. REPURCHASE. Agent's right to repurchase for himself after sale to third person. 1912A- 1175. Corporate stock, validity and construction of agreement by seller to repurchase on demand. 191SD-744. REPUTATION Continued. Breach of promise of marriage, admissi- bility in evidence of reputation of plaintiff. 1912D-963. Carriers of passengers, bad reputation of person as conferring right on carrier to exclude him from conveyances or premises. 1913B-1347. Colored persons, status as determined by reputation. 1912D-461. Disorderly " houses, general reputation of house as sufficient evidence of dis- orderly character. 12-273. Easements, existence of private right of way as evidenced by reputation. 1912A-847. Fellow-servant, reputation for ineompe- tency as admissible in action by ser- vant against master. 18-927. Fraud, reputation of party or other per- son charged in civil action with fraud as admissible in evidence. 8- 1136. Homicide, reputation of family of de- ceased, admissibility of evidence. 18- 983. Insanity as provable by general reputa- tion. 1S-935. Libel and slander, character of plaintiff in civil action for libel or slander, proof as to particular trait. 19-988. Malicious prosecution, admissibility of evidence of plaintiff's character. 1916D-1167. Partnership, general reputation as evi- dence of partnership. 4-817. Penalties, admissibility of evidence of reputation of defendant in action to recover penalty. 1916D-1151. Race to which person belongs as deter- minable by evidence of repute. 1914A-462. Seduction, admissibility of reputation of defendant in prosecution. 1916E-381. Witnesses, admissibility of evidence of reputation to impeach or sustain wit- ness. 12-395. REPUTATION. Assault, reputation of parties to civil ac- tion, admissibility of evidence. 1914B-881. REPUTED TITLE. Admissibility of evidence in action in- volving adverse possession. 1914D- 243. KEQUIRE RESCISSION, CANCELLATION AND REFORMATION. 755 REQUIRE. JLiegal meaning of "require." 1912A-1232. RESALES. Control of price on resale, right of origi- nal vendor. 1916A-81. Frauds, statute of, agreement for resale of goods sold as within statute. 16-783. Patented articles, control of price by patentee or vendor on resale by vendee. 1915A-155; 1916A-84. RESCISSION, CANCELLA- TION AND REFORMA- TION. 1. Rescission or Cancellation. A. IN GENERAL. B. GROUNDS. C. JURISDICTION AND CONDITIONS PRECE- DENT. 2. Reformation. 1. Rescission or Cancellation. A. IN GENERAL. Contract containing no stipulation as to duration, right to terminate. 20-1104. substitution of new contract between same parties as rescission. 6-315; 1912A-1258. Conveyance conditioned for support of grantor by grantee, remedy for breach. 12-901. consideration of which is compounding of felony, right to rescission. 1913A- 522. Corporate stock, director's purchase from stockholder as subject to rescission by latter. 2-877. forged or spurious certificates, right of bona fide holder to rescind purchase. 5-253. Executed contracts, rescission of. 1-516. Insurance contracts, grounds for rescis- sion. 4-125. Sales, goods becoming damaged in hands of purchaser as affecting his right to rescind contract. 1916B-97. . necessitv that rescission of sale of per- sonalty by buyer be in toto. 1912A- 660. RESCISSION, CANCELLATION AND REFORMATION Continued. Uniform Sales Act, right to rescind con- tract for sale of goods thereunder. 1918D-414, 417. written contract for sale of goods, ne- cessity that abandonment or rescis- sion be in writing. 191SC-1213. Usurious contract, relief by suit to can- cel. 2-913. Vendor and purchaser, assignee of con- tract for purchase of land, right to sue for rescission. 1917E-845. written contract for sale of land, ne- cessity that abandonment or rescis- sion be in writing. 14-729. B. GROUNDS. Breach or De-fault. Building contract, right of contractor to rescind for failure of owner to make payment. 1916C-54. Eemainders and reversions, inadequacy of consideration as ground for rescission of sale of vested interest. 1914B- 1042. Eestrietive covenant in deed, power of court to cancel as cloud on title. 1912A-765. Sales, contract for successive deliveries of goods, rescission on account of non- payment of instalment. 3-901; 11- 1049; 1913D-1021. Vendor and purchaser, breach by vendor in contract for sale of land by ten- dering less land than quantity con- tracted for, right of purchaser to re- scind. 1916D-1154. defective title, right of purchaser in possession of land, to rescind on ac- count of. 3-366. Ignorance or Mistake. Deed describing quantity as "more or less," equitable relief for mistake, fraud or misrepresentation. 12-299; 1917D-156. Ignorance of identity of purchaser of realty as warranting cancellation of deed. 1912C-752. Mistake due to negligence, equitable re- lief against contract on account of. 5-214; 11-1164. Negligent mistake of one party, rescission or cancellation for. 1913A-432. 756 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RESCISSION, CANCELLATION AND RESCISSION, CANCELLATION AND REFORMATION Continued. REFORMATION Continued. Purchase of own property by mistake, right to relief. 18-328. Eelease, right to rescind for mutual mis- take of law. 20-1247. Sale of business, statement of opinion as to future profits of business as ground for rescission of contract. 1916D-1040. Vendor and purchaser, rescission of sale of land for mistake in quantity. 4 52. Fraud or Concealment. Animal for breeding purposes, rescission of sale on account of fraud. 1916A- 575. Building and loan contract as avoidable on ground of fraud. 1917A-890. Cancellation of deed, right of grantor for misrepresentation by grantee as to con- dition, value, etc., of property. 1912A- 405. Corporate stock, right after insolvency of corporation to rescind subscription on ground of fraud. 16-178. Duress, contract of wife induced by threats of criminal prosecution against husband as voidable. 11-385. Insolvency of vendee, rescission by ven- dor because of failure of vendee to disclose. 8-505. Limitations on right to rescind fraudu- lent contracts. 1-910. Misrepresentation or fraud as to amount of land in sale of realty, equitable re- lief in case of. 12-300; 1917D-156. Partnership contract, fraud in formation as ground for rescission. 10-696. Sales, rescission of contract of sale on ground of fraud or false representa- tions, right of purchaser as depend- ing on his having been damaged thereby. 14-261. Vendor and purchaser, improvement affect- ing property sold, false , statement by vendor of intention to make as fraud sufficient to avoid contract or deed. 1914B-862. 'intended use of realty purchased, false statement by purchaser, as false rep- reseritation warranting cancellation of deed. 20-913. Incompetency of Grantor. Incompetent person, avoidance of deed in action of ejectment. 14-507; 1915D- 1205. Intoxicated person, right to rescind or cancel contract entered into. 1918E- 335. C. JURISDICTION AND CONDITIONS PRECE- DENT. Adequate remedy at law, cancellation in equity of instrument procured by fraud when law remedy exists. 8 548. Building contract, notice to complete as condition precedent to right to re- scind for delay. 1914D-286. Judicial sale of land, jurisdiction of equity to correct mistake in descrip- tion. 11-85. Eepudiation of contract to convey land which is absolutely void, necessity for return of consideration paid. 1914C-898. 2. Reformation. Bonds, right to reform bond by changing name of obligee. 1916C-184. Equitable relief against contract on ac- count of mistake due to negligence. 5-214; 11-1164. Fire insurance policy, failure of insured to read as precluding right to have it reformed for mistake. 20-365. Frauds, statute of, effect upon power of equity to reform contracts on ground of fraud, accident or mistake. 3-781; 1S-919. Homestead conveyance, right to reform. 1916E-1131. Insertion of new provisions, power of court to reform contract as extending to. 1914D-227. Instrument based on no consideration, reformation in equity. 10-523. Mortgages, right of purchaser at fore- closure sale to maintain bill in equity to correct description of land in mortgage. 1913D-1006. Mutual mistake as ground for reforma- tion of written instruments. 3-444. RESCUE OF FELLOW-WORKMANRES GESTAE. 757 RESCISSION, CANCELLATION AND REFORMATION Continued. sufficiency of evidence to warrant. refor- mation of instrument on ground of mutual mistake. 19-343. Purchaser without notice, right to reform description in deed or mortgage as against. 1918D-147. Eeservation of crops by vendor, reforma- tion of deed as to. 18-507, Suretyship, reformation of instrument in equity as against surety. 21-271. Tax deed as subject to reformation. 20- 457. Wills, jurisdiction of equity to reform. 15-141; 1917D-1157. RESERVATIONS Continued. petroleum and natural gas as included under reservation of mines and min- erals. 20-938. Eight of way reservation, change in dominant estate as affecting ease- ment. 1914C-474. Suretyship, extension of time to principal with express reservation of rights against surety as discharging latter. 1914B-1080. Tort-feasors, release of one joint tort- feasor with reservation of rights against others, effect. 1-63; 11-397; 1913B-271. Water-power grant, reservations there- under. 1916D-1011. RESCUE OF FELLOW- WORKMAN. Injury resulting as accident arising out of, and in course of, employment under Workmen's Compensation Act. 1913C-14, 16. RESERVATIONS. See Government Reservations. Crops, validity of parol reservation by vendor of land. 18-504; 1915A-1155. Dedication, reservation of land on map or plat as dedication thereof. 1916D- 1079. Deeds, distinction between reservations and exceptions. 18"-799; 1918A-877. validity of reservation in favor of stranger to conveyance. 1914B-1290. Easement of subterranean drainage as im- pliedly reserved in conveyance making no reference thereto. 1912C 856. Hunting or fishing privilege, construction of reservation. 1914B-545. Landlord's reservation of right to use of part of demised premises as implied. 1914A-86. Mines and minerals, open quarrying as not included under reservation of mines and minerals. 2-639. perpetuities, validity of reservation of mineral rights in perpetuity. 1912D 886. RESERVOIRS. Eminent domain, exercise of power for construction of reservoir to regulate flow of river. 1915A-1111. Injury to trespassing child, liability of land owner or municipality on account of unguarded condition. 7-200; 11- 990; 1913A-1032. Percolation of water causing damages, liability of owner. 5-681; 13-219. RES GESTAE. Bystander's declarations at time of acci- dent as part of res gestae. 1912C- 319; 1917A-1009. Exclamations and expressions of pain, admissibility in evidence in actions involving bodily injuries. 1916A-830. Infant present at time of accident, declarations as constituting part of res gestae. 14-51. Larceny, declarations of person accused of larceny, admissibility as part of res gestae. 2-303. Public officers, declarations or admis- sions, necessity that they be part of res gestae to be admissible in evi- dence. 3-749. Eape, complaints of assault as constitut- ing. 2-237; 11-99. Statements of deceased or accused before starting on journey, admissibility as part of res gestae. 1913E-361. Threats by deceased in prosecution for homicide as part of res gestae. 1912C-485. 758 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RESIDENCE. Annulment of marriage, applicability of statutory provisions as to residence of plaintiff in divorce actions. 1912C-593. Attorneys, residence of attorney as af- fecting right to admission to bar. 17-878. Burglary, sufficiency of indictment with respect to description of building. 1913D-868. Divorce, certain period of residence in state as prerequisite, validity of statute requiring. 1916E-1110. necessity of alleging residence of plaintiff in petition for divorce. 12- 1092. Domicile as synonymous with residence. 1915C-786; 1918A-155. Elections, change of residence by voter as affecting registration for election. 1917A-1278. qualification of voters, residence as synonymous with domicile. 1915C- 792, 804. residence at school or public institu- tion as affecting right to vote. 1917C-403. Freeholder, status as determined by resi- dence. 1913D-330. Homestead exemption of residence as covering hotel or lodging-house. 1913E-1257. Insurance, construction of restriction on residence of insured in life or bene- fit insurance contract. 1917A-381. Juror's residence in county or munici- pality interested in suit as affecting his competency. 6-961; 1913A-120. Limitation of actions, foreign statute aa affected by residence of parties. 14- 43. Occupancy of land as dependent upon actual residence. 20-830. Paupers, residence of settled pauper as governing rights on division of dis- trict. 10-33. "Place of abode," meaning of term. 1912C-282. Removal of causes, residence of parties in petition as matter for state court to determine. 1912A-237. RESIDENCE Continued. Residential districts, retail stores, validity of ordinance regulating location or construction in residential districts. 1915A-294. segregation of persons in different dis- tricts, validity of statute or ordi- nance providing for. 1915B-964; 1916E-1157; 1917B-155; 1917D-1127. validity of municipal ordinance estab- lishing district and prohibiting carry- ing on business therein. 1914A-132. Schools, residence of pupil as affecting right to attend public school. 3-693; 12-897; 1913B-1017. Taxation, personal property and inheri- tance taxation, domicile and abode as synonymous within statutes. 19150-^791, 796; 1917B-726, 780. Venue of action to set aside fraudulent transfer of land as determined by residence of defendant. 1913D-664. Workmen's compensation, residence of beneficiary as affecting right to com- pensation under act. 1912D-862; 1918B-634. RESIDENT AGENTS. Foreign corporations, validity of statute requiring appointment of resident agent for service of process. 6-42. RESIDUE. Meaning of "all" as used in will in con- nection with "rest," "residue" or "re- mainder." 1917E-76. RESIGNATION. Club or society member. 1913C-399. Election contest, resignation of contestee as defense to contest proceedings. 1912D-265. Employee's resignation, effect on rights of parties to contract of employment. 1916A-1011. Executor, effect of resignation on his powers or duties as trustee. 1914C 609. Judge, resignation, as affecting right to practice as attorney. 1914B-449. Public officer, acceptance of resignation, necessity of. 13-873. RES IPSA LOQUITUR RESTITUTION. 759 RESIGNATION Continued. person or body to whom resignation should be tendered. 6-688; 1913C- 604. time of resignation of public officer. 1915C-346. withdrawal of resignation, right of offi- cer. 5-689; 15-139. Referee, right to resign. 1915A-535. RES IPSA LOQUITUR. Boiler explosion, doctrine of res ipsa loquitur as applicable. 1912A-980. Burden of showing negligence, rule of res ipsa loquitur as relieving plain- tiff. 1914D-908. Child run over in street, applicability of doctrine of res ipsa loquitur. 1913C-1056. Electric appliances on private property, doctrine as applicable to injury to person therefrom. 1913A-1184. Elevators, fall of elevator as presump- tive negligence on part of owner or 'operator. 8-976. Fall of structures projecting over street, as awnings, signs, cornices, heavy 10-718. Master and servant, doctrine of res ipsa loquitur as applicable to relation. 1914D-94; 1915C-515; 1916B-752. injury to servant caused by falling of object during building construction, doctrine as applicable. 1912D-436. unexplained starting of machine whereby employee is injured as war- ranting inference of negligence on part of employer. 1912D-511; 1916B- 218. Walls, application of doctrine to fall of wall injuring person in highway. 1916E-1073. X-rays, rule as applicable in case of in- jury from use of X-rays. 1918E- 258. RESISTING OFFICER. Defense of property as justification for assault on officer. 1917D-293, 305. Wltat constitutes offense. 17-401; 1914B- 813. RES JUDICATA. See Judgments. RESOLUTIONS. "About," meaning with reference to quan- tity. 1918D-706. Legislature, joint resolution as having force and effect of law. 18-706. reconsideration of vote on resolution, power of legislature. 1913B-611. Municipal corporations, propriety of exer- cise of power by resolution. 3-654j 1913C-1321. REST. Meaning of "all" as used in will in con- nection with "rest," "residue" or "re- mainder." 1917E-77. RESTAURANTS. Implied warranty of fitness of food served supporting recovery of con* sequential damages for breach. 16 498; 1913B-1114; 19150-143. Person injured by eating in restaurant, liability of proprietor as for negli- gence. 1914B-885; 1916D-921. Restaurateur as engaged 1916A-1201. in "trade." REST DAY. Weekly rest day for employees, validity of statute requiring. 1916D-1058. RESTING. Employee stopping work to rest as affect- ing relation of master and servant. 1913C-948; 1918A-1196. RESISTANCE. RESTITUTION. "Rape, degree of resistance necessary to Amount where property sold under judg- establish absence of consent. 9-572. ment subsequently reversed. 15-672. 760 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RESTITUTION Continued.. Property received under judgment, right to enforce restitution by contempt proceedings. 1913E-1004. RESTORATION OF PROP- ERTY. Divorced person's right to bring inde- pendent action against former spouse for restoration of property. 1917A- 1243. Embezzlement, restoration of property as defense to prosecution. 1916C-66. Larceny, restoration of property as de- fense to prosecution. 1916C-68. Status quo of seller, necessity for res- toration on rescission of sale of per- sonalty by buyer. 1912A-660. Wife's right to restoration of property in action for divorce. 21-1103. RESTRAINING ORDERS. Distinction between temporary injunction and restraining order. 1917B-123. RESTRAINT OF MAR- RIAGE. Contracts in restraint of marriage, le- gality k 4-732; 10-572. Deed, validity of condition in restraint of marriage. 1917D-282. Testamentary disposition in restraint, va- lidity of. 5-138; 9-1143; 1918B-1141. RESTRAINT OP TRADE. See Monopolies. RESTRAINT ON ALIENA- TION. Partial or limited restraint on alienation of fee simple estate, validity. 7- 319; 1912C-1329; 1916D-1254. RESTRICTIVE COVENANTS. See Deeds; Landlord and Tenant; Vendor and Purchaser. RESULTING TRUSTS. See Trusts and Trustees. RETAIL DEALERS. Burden of proof of sale to unlicensed retail dealer in prosecution for illegal sale of liquor. 1913C-638. Hawker and peddler license regulations applying to. 1912D-1291. RETRACTION. See Libel and. Slander. RETREAT. Assault of person on own premises, right to repel attack without retreating. 5-999; 15-51; 1916C-918. RETROACTIVE STAT- UTES. Limitation statute, retroactive operation. 4-166; 1912A-1041. Succession tax acts, .prospective or re- troactive operation. 2-608. Tax lien, retroactive operation of statute giving priority. 1913B-520. Workmen's Compensation Act as retroac- tive in operation. 1918B-617. RETURNING. "Eeturning" to state, what constitutes. 1912D-471. RETURNING FROM WORK. Federal Employers' Liability Act as pro- tecting railroad employees. 1918B-66. Injury as accident arising out of and in course of employment within Work- men's Compensation Act. 1913C-24; 1914B-504; 1916B-1314; 1917D-199. RETURNS. See Elections; Process. REVENGE. Dying declaration, admissibility as af- fected by desire for revenge on part of declarant. 1917A-1247. REVENUE REVOCATION. 761 REVENUE. Legal meaning of term. 1918B-200, 221. REVENUE DEBTS OR CHARGES. Legal meaning of phrase. 1918B-219. REVENUE LAWS. Legal meaning of term. 1918B-213. REVENUE MEASURE. Legal meaning. 1918B-218. REVENUE STAMPS. Absence of stamp as affecting admissi- bility of document in evidence. 1-24. REVENUE TAX. Legal meaning of term. 1918B-219. REVERSAL. See Appeal and Error. REVERSIONS. 3ee Remainders and Reversions. REVERTER. Abandonment of dedicated highway, where title vests on. 1-456. Breach of conditions in deeds or wills effecting reverter. 3-38. Dedication, what causes reverter after dedication. 1-455. Eminent domain, reverter of land taken when public use ceases. 19-155. REVIEW. See Appeal and Error; Bills of Review. REVISION OF LAWS. Implied repeal of statute as created by revision. 5-202. REVIVAL. See Limitation of Actions. Bankruptcy, sufficiency of part payment as new promise to revive debt dis- charged in bankruptcy. 19-147. unconditional promise to revive debt discharged in bankruptcy or insol- vency. 9-646; 1913C-742. when promise to pay debt must be made in order to revive debt. 7 972; 1914D-667. Fire insurance, occupancy after vacancy as revival of policy. 9-55; 1916C- 770. satisfaction of lien or incumbrance at- taching to property in violation of policy as revival of policy. 1917B- 1241. Divorce, revival of grounds after eon- donation. 19120-17; 1918A-657. Frauds, statute of, revival by oral agree- ment of defunct contract for sale of land as within statute. 17-1111. Judgments, prohibiting revival as impair- ment of obligation of contracts. 3- . 1148. Mortgages, act of grantee of land who takes subject to mortgage as reviving debt secured by mortgage. 1914C- 1111. revival of lien of barred mortgage by payment on barred debt secured thereby. 1912B-508. Statutes, repealed statute as revived by amendment or repeal of repealing , statute. 1918B-281. Wills, codicil as reviving revoked will. 1-671. destruction of revoking will as revival of revoked will. 4-313; 13-245; 1913E-120. revival of will revoked by marriage. 1917D-1175. REVOCATION. See Wills. Agency, revocation by death of princi- pal. 19^17E-380. Arbitration and award, institution of ac- tion as revocation of submission to arbitration. 21-956. revocability of agreement to submit to arbitration. 1914B-300. 762 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. REVOCATION Continued. Brokers, revocation of authority of real estate brokers. 2-886; 12-1085; 1918D-339. Dedication of land to public use, revoca- bility. 1917A-1109. Electric company, revocation of right to maintain poles and wires in street. 1917E-525. Executors and administrators, validity of acts of administrator whose appoint- ment is revoked by subsequent dis- covery of will. 1917B-1128. Gifts, conditional gift inter vivos, revocability. 1915D-695. Insurance, law governing revocation of interest of beneficiary. 19-40. Intoxicating liquors, revocation of li- cense, right to judical review. 1917A-1024. License, revocability of executed license on faith of which licensee has in- curred expense. 7-706; * 13-843; 1913A-74. Naturalization, grounds for revocation. 1917C-45. Pardons, revocation of conditional pardon. 7-92; 13-1105. Trusts, effect of death of donor without exercising power of revocation. - 189. REVOLVING DOORS. Liability of proprietor for injuries re- ceived in revolving door. 16-117. REWARDS. Erroneous payment of reward, right of person entitled thereto to recover from person to whom paid. 1913E- 973. Knowledge of offer as prerequisite to right to reward. 1-285; 1915B-671. Lien for reward offered, right of finder of lost property. 1913B-/L277. Municipal or private corporation, power to offer reward. 3-157; 21-62. Public officer, right to. 10-729; 1912C- 1294; 1915A-726; 1915D-258. REWARDS Continued. Sufficiency of performance to entitle per- son to. 8-860; 14-802; 1915B-667. Withholding lost property for purpose of procuring, as larceny. 20-1385. RHEUMATISM. Accident insurance, rheumatism as acci- dent within meaning of policy. 2- 141. Workmen's compensation, rheumatism as accident in course of employment within act. 1916E-166; 1918B-779. RIBS. Fracture or injury, excessiveness or in- adequacy of verdict. 16-32; 1913A- 1373; 1916B-435. RICE BEER. Judicial notice with respect to intoxicat- ing nature. 1914C-876. RIDICULE. Words holding woman up to ridicule as actionable. 1914A-1127. RIDING AS PASSENGER. "Accident insurance," meaning of phrase in policy. 1913A-840. RIDING ON PLATFORM. Injuries received by passenger riding o platform, liability of railroad. 1- 315; 10-816. Rule of carrier prohibiting passengers from riding on platform, validity and enforcement. 1918C-534. RIDING TO OR FROM WORK. Master and servant, applicability of fellow-servant doctrine to employee riding ' in master's vehicle. 11-374; 16-289; 1912D-63. Workmen's compensation, injury incurred as accident in course of employmenr within act. 1913C-21, 24; 1916B - 1313, 1315; 1918B-S21. RIFLE RANGE BOBBERY. 763 RIFLE RANGE. Public works, term as including rifle range. 11-596. RIGHT HEIRS. Construction of phrase as used in will. 16-298. RIOT. Distinction between and unlawful as- sembly. 17-1149. What constitutes riot for which mu- nicipality is liable. 11-185; 18-151. RIPARIAN OWNERS. See Waters and Watercourses. RIGHT OF PRIVACY. See Privacy, Eight of. RIGHT OF WAY. See Railroads. Accident insurance, meaning of term "right of way" in policy. 12-46. Change in condition of dominant estate as affecting easement of right of way. 1914CM74. Duty to repair and protect private right of way as resting on owner of domi- nant or servient estate. 14-1139. Eminent domain, right to compensation for taking private right of way. 19- 681. Exception and reservation of right of way in deed, distinction between. 18-801. Forfeiture of easement of right of way by nonuse. 1917D-595. Implied easement of right of way, neces- sity as essential to creation. 1913C- 1112. Indefinite location of right of way by parties interested, effect. 1-681. Land owner's right to cross right of way of another located on his land. 1915C-1192. Lease as passing right of way to lessee under general demise of premises. 19-1202. Mineral land, conveyance as including way of necessity thereto. 1913B- 1108. Third person's liability to landlord for entry under or obstruction of right of way. 1912D-124. RISKS. Accident arising out of employment. See Workmen's Compensation. Assumption of risk. See Master and Ser- vant. Increase of risk under policy. See Fire Insurance. RIVERS. See Waters and Watercourses. Workmen's Compensation Act as applica- ble to employees in river and harbor work. 1917D-27. ROAD COMMISSIONER. Eoad commissioner as municipal officer. 1914D-1236. ROADS. See Streets and Highways. Term "road" as including "street." 1914A-775. ROADWAY. Meaning as applied to railroad. 1918D- 728. ROBBERY. Attempt to commit robbery or assault with intent to commit. 1918A-406, 421. Carrier of passengers, liability of carrier (other than sleeping-car company) for robbery of passenger by stranger. 1918E-582. sleeping-car company, duty to protect passenger from robbery. 1913A-900. 764 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. ROBBERY Continued. Consent on part of person robbed, what constitutes. 13-460. "Crime" for conviction of which witness may be impeached. 1916A-277. Cruel and unusual punishment, what is. 19-728; 1918B-400. "From the person," taking from the per- son as essential element of robbery. 8-127. Indictment, description of property taken, sufficiency with respect to. 1912B- 402. necessity that indictment or information allege asportation or "carrying away." 5-687. Inducement to commit with view to pros- ecution as constituting defense. 17- 298. Intent to steal as element of crime. 21- 1138. Length of possession of property by taker necessary to constitute robbery. 14- 188. Libel and slander, charge of robbery as libel or slander per se. 5-855. Malicious prosecution for robbery, exces- siveness or inadequacy of verdict. 1916C-261. Money obtained by impersonating officer as robbery. 12-63. One's own property, or property believed to be one's own, taking as robberv. 13-775. Betaking money lost at gaming as robbery. 21-1139. Snatching article from person or imme- diate presence of owner as. 21-673. Taking property from person other than owner as constituting robbery. 2-264. ROCK. Deadly weapon, rock as. 1912A-1333. Dumping rock on land as making it part thereof. 1914C-1154. ROLLER-COASTER. Noise arising from exercise of lawful amusement as nuisance. 1912B-429. ROLLING STOCK. Name on railroad rolling stock as evidence of ownership. 1915B-354. Taxation, situs of railroad and street rail- way rolling stock for purpose. 10- 355. ROOF. Leased premises, respective rights of land- lord and tenant. 16-1209. ROOMING-HOUSES. Licensing or regulating rooming-houses, validity of statute or ordinance. 1916C-290. ROOMS. Burglary, description in indictment, neces- sity of alleging number of room or apartment. 1913D-876. ROUNDHOUSE. Burglary, sufficiency of indictment with respect to description. 1913D-875. ROUNDING CURVES. Liability of street railway company for injuries caused by striking pedestrian in rounding curve. 1916E-679. ROUTES. Street railway cars, regulation of re-rout- ing. 1912B-1024. ROYALTIES. Patent royalties, jurisdiction by state court of action to recover. 1916B-805. Kent and royalty, distinction between. 1916E-1225. ROENTGEN RAYS. See X-rays. RUBBISH. See Garbage. RUDENESS RUNAWAY HORSES. 765 RUDENESS. Carrier of passengers, liability for rude or insulting language of employee. 1914A-17. Public officer, rudeness or incivility as ground for removal. 1912C-275. RULE OF PROPERTY. Single decision as stare decisis. 1914A- 1083. RULES. Attorneys, validity of rule regulating ad- mission to bar. 1917A-552. Board of trade, validity of rule prohibit- ing purchase by member of grain "to arrive" after dose of board. 1918D- 1210. Carriers of goods, amount of liability fixed 'by rule, effect of shipper's knowledge. 12-1127. reciprocal demurrage, validity of rule providing for. 1916E-701. Carrier of passengers, animals excluded from passenger conveyances, validity and enforceability of rule. 1912C- 1149. failure to enforce rule as affecting con- tributory negligence of passenger in violation thereof. 1916E-1308. fares payable into box, register or the like, validity of rule requiring pas- senger to deposit. 1912C-1290; 1918D-473. riding on platform, validity and enforce- ability of rule prohibiting passengers. 1918C-534. seats, validity of rule regulating manner of using. 1915D-188. Clearing-house rules. 1914C-514. Court rules, contravention of common law or statute, validity of rule. 19-801. disregard of rules, power of court to disregard. 6-592. introduction of evidence on point not disputed by parties, validity of rule dispensing with. 1912D-795. jury trials, validity of rule regulating right. 1914B-1184. Irrigation company, validity of rules. 1912D-137. Labor union, validity of rule as affecting third person. 1918D-653, 668. RULES Continued. Master and servant, admissibility in evi- dence in action to recover for injuries caused by negligence of servant. 21- 147; 1915C-913. Jbreach by servant of master's rule as ground for forfeiture of wages. 1914A-46. discharge of servant, disobedience of rules as ground. 1916A-1029. disobedience of rules as affecting ser- vant's right to recover for injuries. 8-3; 10-152; 1912 A-84. reasonableness of master's rules as ques- tion of law or fact. 1913C-187. Municipal council, validity of ordinance passed in violation of rules. 1914D- 1199. Railroads, obedience or disobedience as affecting recovery for injuries by track repairer. 8-336. Reasonableness of rules for conduct of business of quasi-public nature as question of law or fact. 3-715. Steamship companies, effect upon liability for loss of passenger's effects of rule forbidding taking baggage to state- rooms. 1918E-592. Stock exchange, validity of rule with respect to seat of insolvent or de- faulting member. 1916E-879. Street railway, validity of rule with re- spect to use of transfer. 1916D-586. Workmen's compensation, disobedience as affecting right to compensation as ac- cident arising out of and in course of employment. 1914B-502, 503; 1916B- 1310. RUMORS. Admissibility in evidence to prove truth of charge in action for libel or slander. 1915D-892. Bad character of plaintiff, admissibility of rumors in civil action for libel or slander. 19-989. RUNAWAY HORSES. Defective street and runaway horse as concurring causes of injury, liability of city or town. 2-180; il-512. Injuries caused by runaway horse, liability of owner. 5-877; 10-865; 17-812; 1916E-1114. 766 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. RUNAWAY HOKSES Continued. Liability of independent contractor work- ing for city for injuries to runaway horse. 1914C-254. RUNNING-BOARDS. Contributory negligence of passenger in riding or standing on running-board of open street-car. 4-666; 1914A- 1172. Employee on ruuning-board injured by coming in contact with structure or object near car, liability of street rail- way company. 1913E-1072. RUPTURE. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1918B-773, 780, 807, 815. RUPTURE OF BLOOD VESSEL. Accident insurance, intentional exertion causing rupture as "accidental means" of injury within policy. 1-790. Workmen's compensation, rupture of blood vessel as accident in course of em- ployment within act. 1918B-777, 788. RURAL HIGHWAYS. See Streets and Highways. RURAL PROPERTY. Special assessments, validity of levy by front-foot instead of according to benefits. 1913A-662. RUTS. Liability of municipality for injuries due to rut in highway. 10-538. s "S." Addition or omission of final "s" as affect- ing application of doctrine of idem sonans. 1918A-351. SADDLE-MAKERS Saddle-maker as engaged in trade. 1916A- 1201. SAFE CARS. Liability of carriers of goods for failure to furnish. 9-990. SAFE DEPOSIT. Garnishment of property in deposit box. 1914A-968. Gift causa mortis, delivery of key of box as sufficient delivery of contents to support gift. 1914A-529. Mutual rights and liabilities of owner and lessee. 1912B-441; 1918C-910. SAFE PLACE. Carrier of passengers, baggage, duty of carrier to provide safe place for de- livery to passenger. 1916C-1213. Fire insurance, what constitutes safe place under iron-safe clause of policy. 1918E-399. Master and servant, applicability of master's duty to servant engaged ir making place safe or in good repair. 12-623. passage to and from work, duty of master to provide safe place for ser- vant. 5-712; 1913E-1033. third person's premises, duty of master to furnish safe place as applicable to servant sent to work on another's premises. 1913B-796. Street railways, duty to provide safe place for boarding and alighting from cars. 1-916; 9-854; 1915A-213. SAFES. Fire proof safe, within meaning of iron- safe clause of insurance policy. 9 469. SAFETY APPLIANCE ACT SALES. 767 SAFES Continued. Name on safe as evidence of ownership. 1915D-355. What is sufficient levy of attachment on contents of safe. 1916B-996. SAFETY APPLIANCE ACT. See Federal Safety Appliance Act. SAFETY BRAKES. Street railways, validity of ordinance re- quiring cars to be equipped with safe- ty brakes. 1913B-660. SAFETY DEVICES. Automobiles, municipal regulations as to safety devices. 1916E-1049. Landlord's failure to comply with law or regulation as affecting right to recover rent. 1913B-406. Master's promise to furnish as relieving servant from assumption of risk. 17- 896. State regulation as to safety devices as interference with interstate commerce. 1917A-975. SAID. Legal meaning of "said." 1917D-603. SAILORS. See Army and Navy; Ships and Shipping. SALARY. See Public Officers. Assignment of unearned salary by public officer. 4-423; 10-636; 1913B-1080. Garnishment, salaries of public officers or employees as subject to. 17-525. "Profits," as element of compensation in salary contract, legal meaning of word. 20-688. Teachers, validity of statute fixing mini- mum salary. 1916E-420. Wages and salary distinguished. 19170- 321. SALES. 1. In General. 2. Definitions. 3. Statutory Regulation. 4. Validity and Construction of Contract. 5. Frauds, Statute of. 6. Delivery and Acceptance. 7. Passing of Title. 8. Price. 9. Warranty. 10. Breach of Contract. 11. Injuries Caused by Defects in or Na- ture of Article Sold. 12. Conditional Sales. See Execution Sales; Judicial Sales; Pledges; Tax Sales. 1. In General. Agency, damages recoverable by agent where principal invades exclusive sell- ing territory. 1912C-1252. right of agent to commission where buyer rejects goods or fails to pay. 1915B-169; 1915D-539. sale by agent to himself, validity. 1912A-1172. Aliens, executory contracts with alien 'ene- mies as dissolved or suspended by war. 1917C-203. Auctions, conditions of sale at auctions. 1912A-1128. Automobile sales, agency contracts, nature and construction. 1917E-568, 581; 1918E-466. Business, covenant by vendor not to engage in same business, injunction as remedy for breach. 15-692; 1916C- 187. goodwill as passing without mention on sale of business. 18-433; 1917A-1015. measure of damages for breach of agree- ment by seller not to engage in same business in competition with buyer. 1914A-1153. iparol evidence as admissible to show that seller of business agreed not to re-engage in same business. 1913C- 379. sale of business as sufficient considera- tion for covenant restraining vendor 768 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SALES Continued. from future exercise of trade or pro- fession. 1913A-293. Conversion of personalty by purchaser in possession under contract of sale, ne- cessity of demand to support action of trover. 1913A-1108. Credit sales of goods, right of factor to make. 1915A-176. Declarations or admissions of seller of per- sonalty made while owner as evidence against buyer. 1912C-1210. "Escrow," term as applicable to contract to purchase goods. 1916B-1031. Fraud, performance of executory contract after discovery as affecting right of action for damages. 7-280; 20-172. Futures, illegality as gambling contract of contract for sale of property for fu- ture delivery where one party only in- tends delivery. 11-440. General denial in replevin, right to show sale under. 20-301. Goodwill of business, effect of sale on rights of vendor. 11-573; 21-427; 1914B-587. Guardians, power of guardian to sell per- sonal property of ward. 1916C-334. sale by guardian as subject to caveat emptor doctrine. 1917E-255. [ndependent contractor, persons connected with work of selling goods. 1918C 658. Mistake of buyer in purchasing own prop- erty, right to relief. 18-328. Orders taken for sale of goods for future delivery, taking as constituting hawk- ing or peddling. 2-830; 1912D-1293. Postal laws, ordering goods with no in- tention of paying as scheme to de- fraud within postal laws. 1914D- 1247, 1257. Public property, liability of civilian for purchasing from soldier or sailor. 1918B-523. Purchaser for value, purchase of chattel for pre-existing debt as constituting. 1918A-455. Traveling salesman, authority to make binding contract of sale. 1912B-356. SALES Continued. , 2. Definitions. Contract of sale and consignment of goods to factor, distinction between. 1915A-603. Distribution of intoxicating liquor by bona fide social club to members as sale. 10-386. Grain deposited in warehouse as bailment or sale. 10-1074. Pledge as distinguished from sale. 1915A- 1082. "Wholesale and retail sale of liquors, dis- tinction between. 18-187. 3. Statutory Regulation. Bottles or other receptacles of goods, re- use or resale by person other than manufacturer or owner, validity of statute regulating or prohibiting. 1915A-487. Bulk sales, constitutionality of statutes prohibiting sales of merchandise in bulk. 1-557; 14-437; 1912C-706; 1915C-414; 1917B-275. meaning of term, "goods, wares and mer- chandise" in Bulk Sales Act. 5-800. presumption as fraudulent and void, con- struction of statutory provision de- claring. 1913C-1214. remedies of creditor for violation of bulk sales law. 1916C-928. sale of goods to retailer for purposes of resale, effect as to third person. 1916A-91. Discrimination against foreign goods, power of state to discriminate by tax- ing sales. 5-880. Milk sales, constitutionality of regulatory statutes or ordinances. 4-119; 5-911; 18-321. Uniform Sales Act, construction. 1918D- 400, 424, 426. 4. Validity and Construction of Contract. "About," meaning with reference to quan- tity of goods. 1918D-695. Bill of sale, parol evidence to modify or explain. 19-541. C. 0. D. shipment of liquors, place of sale. 13-828; 1912D-983. SALES. 769 SALES Continued. Collateral oral agreement as admissible to supplement contract for sale of per- sonalty. 1914A-456. Control of price on resale by vendee, right of vendor. 1916A-81. Corporate stock, agreement of seller to repurchase on demand, validity and construction of agreement. 1918D- 744. validity of sale of corporate stock not in writing. 6-481. Exemption of seller from liability as to description, quality, etc., of article, validity and construction of provi- sion in contract for sale of person- alty. 1912D-1079. Intoxicating liquors, validity of sale where seller knows same will be ille- gally sold. 3-154; 15-269; 191SB- 978. "More or less," construction in personal property contracts. 12-294. "Plant," moaning as used in English Bills of Sale Act. 1917A-327. Sale, without immediate delivery, validity where purchaser takes possession be- fore liens, etc., of creditors attach. 20-175. "Say about," meaning in contract for sale of personalty when used with refer- ence to quantity. 1918D-700. Written matter as controlling printed matter in construction of contract for sale of personalty. 1913E-963. 5. Frauds, Statute of. Application of statute of frauds to con- tract involving both transfer of chat- tel and doing of work and labor. 19- 1292; 1914C-5S4. Barter and exchange contracts as within "sales of goods" clause of statute of frauds. 14-308. Buildings, contract for sale as contract for sale of realty within statute of frauds. 1916D-970. Buyer's act in selling or offering to sell goods as sufficient acceptance to sat- isfy statute of frauds. 1913B-275. Continuance of existing possession by ven- dee as sufficient delivery to take verbal sale of goods out of statute. 13-715. Index to Notes 49 SALES Continued. Contract authorizing purchase of goods for another as within statute of frauds. 11-1000. Corporate stock, effect of seventeenth sec- tion, of statute of frauds and equiva- lent enactments on sales. 7-930; 18- 599. Delivery to carrier as taking sale of goods out of statute of frauds. 2- 545; 9-1169. / Joint purchase of goods from third per- son, contract as within statute. 1918C-744. Medium of payment or part payment of goods to take contract out of statute. 15-32; 1915D-348. Repurchase or resale of goods sold, agree- ments for as within statute of frauds. 16-783. Samples, acceptance as acceptance of parf; of goods sold within statute of frauds. 4-187. Signature of agent to memorandum of sale, sufficiency within statute. 4- 892. Successor in interest of one who has re- pudiated oral contract for sale of personalty, invocation of statute of frauds by. 16-412. Terms of sale, necessity that memoran- dum within statute of frauds contain. 9-1060. Time when goods must be accepted to take contract out of statute of frauds. 11-518. 6. Delivery and Acceptance. Acceptance of instalment of goods pur- chased, acceptance as precluding buyer from rejecting later instal- ments. 20-528. mistake in price at which goods offered, effect of discovery after acceptance. 13-1149. offer once rejected, acceptance as con- summating contract of sale. 1917C 987. C. I. F. contract, what constitutes com- plete delivery of goods thereunder. 1914C-217. Delivery of goods, delivery to carrier for shipment as delivery to purchaser. 20-1027; 1916A-1046*. 770 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SALES Continued. issue of delivery to purchaser by de- livery of goods to carrier as affected by contract between parties. 1916A- 1048. reasonableness of time for delivery of goods sold as question of law or fact. 6-245. F. O. B. contracts, duty of furnishing vessels or cars under contract for de- livery "free on board." 2-818; 9- 553. inspection of goods on arrival at des- tination, right of buyer. 16-1201. Eejection of goods by purchaser on one ground as waiver of other objections. 17-63. "Sale or return" contract, reasonableness of time in which goods are returned under contract as question of law or fact. 14-331. 7. Passing of Title. Agreement by one party to insure goods, effect on passing of title. 1914B-70S. Article contracted for and price payable in instalments during construction, when title passes. 10-141. Bill of lading to seller's order with draft attached, effect on passing of title to goods. 5-263. Mass, when title passes to goods sold from mass. 9-26. Eescission of contract for successive de- liveries of goods on account of non- payment of instalment. 3-901; 11- 1049; 1913D-1021. Vendor's lien as divested by transfer of warehouse receipt. 1917D-112. 8. Price. Credit sale of goods, accrual of right of action for price. 7-543. Delivery to one person under sale made on order and credit of another, right of vendor to recover price from former. 1913D-634. Failure to fix price of chattel, effect on contract for sale. 1912B-359. Illegal sales of liquor within state, re- covery of price. 7-360. SALES Continued. Market price, selling price fixed by com- bination or monopoly as market price. 1918A-575. Patented articles, control of price by pat- entee or vendor on resale by vendee. 1915A-155; 1916A-S4. 9. Warranty. Agency, agent's authority to warrant on sale of goods. 1913D-473. personal liability of agent for breach of warranty. 19-773. undisclosed principal, warranty to agent as inuring to benefit of. 1918B-130. Animal sold for breeding purposes, war- ranty on sale. 1916A-573, 588. liability of seller under warranty of freedom from disease. 15-1008; 1916A-579. Auction sales, power of auctioneer to war- rant. 1915C-581. Breach of warranty, food sale, recovery of consequential damages for breach of implied warranty. 16-497; 1913B- 1114; 1915C-143. limitation of actions, running of statute against action for breach. 13-700. measure of damages for breach of war- ranty of title to goods sold. 7-937; 1912B-1340. recovery of damages for personal in- juries in action for breach of war- ranty. 5-588. right to show breach of warranty under general denial in replevin. 20-300. seed, measure of damages for breach of warranty of germinating power. 191SB-72; 1918E-485. Decisive test of warranty, circumstance that vendor assumes to assert fact of which buyer is ignorant. 1913C- 711. Goods not in existence when contract is made, application of warranty in con- tract. 6-115. Horses, construction of express warranty of "soundness" on sale of horse. 21- 1003. Implied warranty, animal sold for breed- ing purposes as fit. 19-874; 1916A- 573, 588*. chattels, implied warranty of title. 16- 59. SALES. 771 SALES Continued. corporate stock, implied warranty on sale. 10-168. food, implied warranty on sale, 4-1124; 6-238 15-1083. goods sold subject to test, implied war- ranty on, 1916A-956. nursery stock, implied warranty on sale, 1913E-93. Parol evidence as admissible to show war- ranty where bill of sale contains none, 19-542. Privilege of returning goods purchased as bar to claim for breach of warranty. 1915D-1159. Samples, express or implied warranty on sale by sample. 1917C-311, 338, 341, 343, 346. Seed, express or implied warranty on sale. 1918B-72, 96. Test of warranty, circumstance that ven- dor assumes to assert fact of which, buyer is ignorant as decisive test. 19130-711. 10. Breach of Contract. Generally. Abandonment or rescission of written con- tract for sale of goods, necessity that it be in writing. 1918C-1213. Bank discounting draft with bill of lading attached, liability for breach of con- tract of sale where vendee pays draft. 1913B-45. Caveat emptor doctrine as applicable to guardian's sales. 1917E-255. C. O. D. contract, waiver by seller of right to reclaim goods on breach of condition to pay. 11-547. Goods becoming damaged in hands of pur- chaser, right to rescind contract. 1916B-97. Inconsistent defenses in action growing out of contract of sale. 1917C-727. Infants, liability for tort in performance of contract of purchase or sale. 1913A-976. Insolvency of buyer, failure to disclose by buyer as ground for rescission of con- tract. 8-505. misrepresentation by buyer as to sol- vency as ground for rescission. 1- 516. SALE'S Continued. Instalment contract for delivery of goods, successive actions for breach of con- tract. 6-63. Rescission by purchaser, necessity that it be in toto. 1912A-660. Successive deliveries of goods, rescission of contract of sale on account of non- payment of instalment. 3-901) 11- 1049; 1912A-669; 1913D-1021. Measure of Damages. * Anticipatory breach by vendee of con- tract for sale of crops, nursery stock, trees or the like, for future delivery, measure of damages recoverable by vendor. 1913C-765. Articles to be manufactured, breach of contract to purchase, measure of dam- ages recoverable by vendor. 2-1000; 7-1175. Delay in delivery of goods sold, measure of damages. 21-607. . waiver of damages for delay by accept- ance after agreed time of delivery. 11-508. "Fixed charges" as element of damages for breach of contract to purchase article to be manufactured. 2-1000. Instalment delivery of goods, rule for measuring damages in action by ven- dee for breach. 6-166. vendor's measure of damages for breach of contract. 1913C-122. Insurance, storage and resale charges, right of vendor to recover on breach of contract of sale. 1913A-615. Misrepresentation as to value of goods sold, measure of damages. 1913E- 724. 11. Injuries Caused by Defects In or Nature, of Article Sold. Adulterated article, liability of vendor for sale by agent or servant. 17-135. Animals, liability of seller for communi- cation of disease by them to other animals. 15-1008. Article not inherently dangerous, liability of seller. 1914A-S77. Automobiles, liability of maker to third person for defective construction. 1913B-694; 1917E-584. 772 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SALES Continued. Defects in article, liability of seller fraudulently concealing defects for injury caused to stranger. 5-128. Explosives and dangerous articles, liabil- ity of seller for injury caused. 5 181; 12-267; 1913E-399. Medicines, civil liability of vendor or manufacturer of patent or proprie- tary medicine for injury caused by use. 1914D-51. Seller's liability to third persons for in- juries resulting from nature or con- dition of articles sold. 1-755. Toy pistol, liability of seller in damages for injury to child resulting there- from. 1913C-804. 12. Conditional Sales. Generally. Additional security, taking as affecting contract of conditional sale. 16-216; 1916A-266. Bailment or lease as distinguished from conditional sale. 12879. Clause authorizing vendor to retake and sell goods and return surplus proceeds to vendee, whether contract is chattel mortgage or conditional sale because of. 3-639; 1912C-361. Fire insurance, sole and unconditional ownership clause of policy as affect- ing possession of personalty by con- ditional vendee. 7-499. Parol reservation of title at time of sale, validity and effect. 13-866. Purchase-money note taken from vendea as affecting contract of conditional sale. 1916A-331. Receiver, assignee for benefit of credi- tors or trustee in bankruptcy, valid- ity of conditional sale contract as against. 1916A-1258, 1270. Eecording, jurisdictions where conditional sale contracts are required to be re- corded. 1916A-1273. Eenewal note as affecting conditional sale. 1916A-331. Uniform Sales Act as affecting condi- tional sale contracts. 1918D-408. SAXES Continued. Bights of Parties. Accession to property sold, right of con- ditional vendor. 1917C-1170. Breach of warranty, right of conditional vendee to recover damages. 20-821; 1918B-914. Destruction of property delivered to pur- chaser, recovery of price when prop- erty is destroyed without fault of purchaser before price falls due. 6- 685; 12-711; 1913D-338; 1918D-381. possession still in hands of seller, rights of parties. 1913C-661. Election of remedies on breach of con- tract of conditional sale. 1-26S; 16- 1057; 1917D^64. Goods sold conditionally to retailer for purpose of resale, effect as to third persons. 1916A-90. Innocent purchaser from conditional ven- dee, conflict of laws as to rights. 1916A-880. Mortgage of property by conditional ven- dee, validity and effect. 1913C-330. Property conditionally sold to be at tached to realty of third person, rights of parties. 1916D-915. Transfer of personalty by conditional vendee as conversion. 8-129. SALES AGENT. Sales agent as "agent" within statute for service of process on foreign corpora- tion. 1914D-987. SALES IN BULK. See Fraudulent Sales and Conveyances; Sales. SALESMEN. Independent contractors as tested by character of employment. 19-25. person employed as sales agent as inde- pendent contractor. 1918C-658. Traveling salesman, binding contract of sale, authority to make. 1912B-356. carrying side-line as breach of con- tract. 1918C-952. collection of accounts, authority as to. 7-650; 14-S58. SALOONS SCALES. 773 SALOONS. See Intoxicating Liquors. SALVAGE. See Ships and Shipping. SAMPLES. Acceptance of samples as constituting ac- ceptance of part of goods sold within statute of frauds. 4-187. Drummer's samples as baggage. 6-828. Medicine or other deleterious substance, validity and construction of statute prohibiting distribution. 1915C-551. Sale by sample for future delivery as peddling. 2-830; 1917D-6S6. state taxation as attempted regulation of interstate commerce. 2701. ~-what constitutes sale by sample. 1917C-327, 343, 346. SANATORIUMS. See Hospitals and Asylums. SAND. Bight to take sand from bed of naviga- ble stream. 1916B-559; 1918B-58S. SANITARY DISTRICTS. Liability for torts. 15-910. SANITARY LAWS. See Health. SATISFACTION. See Accord and Satisfaction; Judgments. SATISFACTORY. Building contract, construction of provi- sion that work must be "satisfac- tory" to owner. 1913D-629; 1916B- 500. Contract for sale of land, meaning of provision that title shall be "satis- factory." 8-273; 1915C-536. Theatrical performer, contract to render satisfactory services. 1914B-2. SAVING LIFE. Contributory negligence in attempt to save human life. 4-928; 19-441; 1917C-654. Injury while attempting to save another's life as act within scope of employ- ment under workmen's compensation law. 1916B-1307. SAVING PROPERTY. Contributory negligence in effort to save. 4-216; 11-371; 1914C-413. SAVINGS BANKS. See Banks and Banking. SAWS. Liability of master to servant for in- juries by saw operated by machinery. 1913C-125. SAY ABOUT. Meaning of phrase in contract for sale of personalty when used with refer- ence to quantity. 1918D-700. SCAFFOLDING. Defective construction, liability of con- tractor to servants of subcontractor. 1-756. Erection for repairing or painting build- ing, liability of owner for injury to pedestrian resulting. 1916C-123. Fall, liability of master to servant for injuries caused by. 18-611; 1913B- 1123. . Meaning of term as applied in Workmen's Compensation Act. 1917D-15. SCALDS AND BURNS. Excessiveness or inadequacy of verdict in action for personal injuries. 16-42; 1913A-1377; 1916B-436. SCALES. Public scales, validity of legislation re- quiring use. 1912C-255; 1918D-159. 774 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SCALPING. Injunction to prevent buying and selling of nontransferable tickets. 1913B- 475. Prohibitory statutes as interference with interstate commerce. 7-^14. Theater tickets, validity of statutes pro- hibiting scalping. 9-749. Ticket brokerage, validity and effect of statutes prohibiting. 6-873; 8-649. SCARS. Injury resulting in scars, adequacy of verdict. 1916B-436. SCENIC RAILWAYS. Duty of owners and managers as to safety and protection of patrons. 1917D-930. Proprietor as carrier of passengers. 17- 410; 1917D-930. Sunday law as prohibiting operation. 21- 683. SCHOOLS. 1. In General 2. School Districts. 3. Property and. Fiscal Management. 4. Teachers. 5. Pupils. 1. In General. Bequest for support or establishment of free schools, validity. 8-925. Census, conclusiveness of school census or enumeration made by proper author- ities. 1913B-1270. Church of sectarian building, holding school or school exercises therein. 1918C-589. Correspondence school, carrying on school as interstate commerce. 14-967; 18- 1109. Infant's contract for instruction or edu- cation as contract for necessaries. 8-131; 20-593. Libel dnd slander, comment on educator or teacher as privileged within law of libel or slander. 1917B-421. SCHOOLS Continued. liability of school board or superior officer for libel or slander of teacher. 1913E-195. Meaning of word "school." 1912B-1353. Normal schools, general power of state to establish schools as including normal school. 1912B-1365. Schoolhouse as "outhouse" or out-build- ing." 1912D-1195. Statutes relating to schools, effect of par- tial invalidity. 1916D-86. 2. School Districts. Alteration of boundaries of school dis- trict, real property rights as affected by. 20-89. Annexation of territory, meaning of term "adjacent" in statute. 1913B-171. Classification under statute containing dif- ferent provisions for different classes of districts, validity of statute. 1913E-1331. Counsel, power of school district to em- ploy. 1918A-502. Elections, power of legislature to define qualifications of voters. 7-666. Garnishment, school districts as subject to. 17-510. Organization of school district, collateral attack on legality. 11-1060. Separate school district within municipal- ity as subject to regulation by lat- ter. 1915B-1042. Taxation, delegation of taxing power to school district, power of legislature. 8-535. extension of boundaries of district as affecting school tax. 1915B-1152. 3. Property and Fiscal Management. Appropriation of state or municipal funds in aid of educational institutions as within constitutional provision against giving or loaning of money or credit of state or municipality. 1913C-1234. Buildings, religious worship therein, power of public authorities to au- thorize or prohibit. 1914B-303. use for other than religious or public school purposes, power of school au- thorities to permit. 191GC-4S5. SCHOOLS. 775 SCHOOLS Continued. Defective condition of public school prem- ises, liability of municipal corpora- tion or school board. 3-884; 10-406; 1917D-797. Eminent domain, appropriation of school lands for irrigation purposes, power of legislature to authorize. 1914B- 338. condemnation of land for school, inter- est acquired as easement or fee. 20- 574. Fire insurance, occupied or unoccupied buildings under policy conditions. 1912D-92. Funds, expenditure of school funds, power of legislature with respect to. 1917C- 917. insurance fund, power of legislature to devote portion of school fund to es- tablishment. 1917C-925. Leave of absence to officer or employee with pay, power of school to grant. 1915B-796. Mechanics' liens, public school building as subject to lien. 17-131; 1913A- 762. Special assessments, liability of school property. 12-419; 16-8S8; 1913D- 1103; 1916D-666. Taxation, exemption of educational insti- tutions. 1-839; 10-671. statutes relating to taxation of school property, effect of partial invalidity. 1916D-93. Trusts, municipal power to take school property as trustee. 17-748. 4. Teachers. Compensation, minimum salary, validity of statute fixing. 1916E-420. reduction, right to make. 1914D-141. right to compensation as dependent on validity of contract or appointment. 1913C-732; 1917A-254. Employment agencies, statute prohibit- ing employment agencies collecting fees from "workers," as applicable to school teachers seeking employ- ment through teachers' agency. 1917D-68T. Leave of absence with pay, power of school authorities to grant teacher. 1915B-796. SCHOOLS Continued. Marriage of teacher as ground for re- moval of woman school teacher. 1917D-271. Municipal officers, teachers or school offi- cers as within classification. 1914D- 1236. Negligence of teacher toward pupil, lia- bility of public school district or cor- poration. 1912A-337. Eevocation of teacher's license, right to appeal to courts to interfere. 14-298. Sectarian religious garb, wearing by teacher in public school. 6-435; 1912A-428. Trade, teacher as engaged in. 1916A- 1201. 5. Pupils. Compulsory attendance at public schools. 1912A-373; 1915C-555. Corporal punishment upon pupil, right of school teacher to inflict. 12353. Expulsion or suspension of pupils, power to .expel or suspend pupil fronxschool. 15-404; 1918A-400. right of parent to sue for damages for expulsion. 12406. Fees, incidental fees, right to exact from students. 1914B-405. tuition fee, recovery of advance pay- ment on expulsion or withdrawal of pupil from school. 1915D-313. Health regulation relating to school chil- dren, validity. 1917A-765. Indian child, right to admission to pub- lic school. 1915C-482. Instruction of children, course of study or studies for child, power of parent to select. 19-1192. music, teaching of music in public schools. 1918D-153. religious doctrines, teaching in public schools. 2-522; 19-234; 1916A-312. sectarian instruction reading Bible or offering prayer as. 9-42. text-books, statutory regulation. 1912B- 476. Eegulations of school boards for control and discipline of pupils, review by court. 6-998; 13-333. 776 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SCHOOLS Continued. Kesidence of pupil as affecting right to attend public school. 3-693; 12-897; 1913B-1017. domicile and residence as synonymous in statutes regulating admission of pupils to schools. 1915C-791. residence at school as affecting right to vote. 1917C-403. Scholarship or promotion of pupil, con- clusiveness of decision of school au- thorities. 1915A-753. Secret societies among students, valid- ity of statutory or other prohibition. 1916E-527. Separation of white and colored pupils for purposes of education. 13-342; 1916C-806. Transportation of pupils to and from school, allowance in lieu of trans- portation. 1916A-2-69. reduced rates for pupils on railroads, validity of statutes requiring. 1912C- 841. validity and construction of statute or ordinance. 1912C-762; 1916E-1097. Vaccination of pupils, compulsory vacci- nation. 1-336; 10-8S2; 14-945. suspension of child because not vacci- nated, right to suspend. 1912A-375. validity of statute providing for exclu- sion of nonvaccinated pupils. 7-417. SCINTILLA OF EVI- DENCE. Mere scintilla of evidence as sufficient to justify submission of cause to jury. 1914B-472. What constitutes scintilla of evidence. 1918B-943. SCIRE FACIAS. Lost or destroyed writ, proof of contents by parol. 1916D-252. SCOPE OF EMPLOYMENT. See Master and Servant; Workmen's Com- pensation. SCREENS. Burglary by- opening screen door or win- dow. 15-932. Saloons, validity of statute or ordinance regulating use of screens. 5-382. SCREW-CUTTERS. Trade, screw-cutter as engaged in. 1916A- 1201. SCRIP. Constitutionality of acts prohibiting pay- ment of wages in scrip, etc. 1-418. SCIENCE. Judicial notice of rules of science, con- struction of statute requiring courts to take. 1914D-548. SCTENTER. See Animals. SCIENTIFIC BOOKS. Use in examination of expert witness. 16- 818; 1916E-356. SCIENTIFIC FACTS. Duty of master to instruct servant with re- spect to. 19-1154. SEALER OF WEIGHTS AND MEASURES. Municipal officer, sealer as. 1914D-1237. SEALS. Acknowledgments, officer certifying au- thority to take acknowledgment, effect of omission of seal. 1915D-1239. Agency, liability of undisclosed principal on contract under seal. 3-980. Blanks in sealed instrument, implied au- thority to fill. 2-332; 1917E-519. Consideration of optional contract as im- ported by seal. 1913A-365. sufficiency to sustain specific perform- ance' of contract under seal as im- porting consideration. 12-125. SEAMEN SEARCHES AND SEIZURES. 777 BEALS Continued. Corporation executing instrument, effect of failure to affix seal. 1915A-1064; 1916A-479. what is sufficient seal of corporation. 1912C-42. Document required by law to be sealed, effect of failure of public official to at- tach seal. 1914C-758. Enforcement of instrument under seal, right of person not party thereto. 1913B-313. Instrument under seal, instrument with seal affixed but containing no recital respecting sealing as constituting. 19-674. Justice of peace, effect of omission of seal in summons issued by justice. 1914 A. 1088. "L. S.," as sufficient seal. 11-250. Meaning of term "seal." 1912C-42. Municipal bonds, negotiability as affected by sealing. 5-197. Process issued without official seal required by law as affecting efficiency. 1912D- 786. Promissory notes, limitation of action on sealed note. 1914D-422. parent's sealed note to child, sufficiency without other consideration than love and affection. 13-166. partnership, power of partner to bind firm by sealed note. 14-548. "Seal" as sufficient seal. 11-1110. Some but not all of parties sealing instru- ment executed by them, nature and ef- fect of instrument. 20-1327. Wills, sealing testator's name to will as signing of instrument. 18-771; 1917B-876. SEAMEN. Assaults by superior servants or officers, liability of owners of vessel. 10-37S. End of voyage, what constitutes under shipping articles. 9-505; 20-851. Maritime employees within classification of seamen. 7-205. Persons within term "seaman." 17-104. Sick or disabled, duty of ship owner or master. 7-203. SEAMEN Continued. Wages, assignments of unearned wages, validity. 5-66. attachment or arrestment of wages, con- struction of statute exempting from. 15-130. disability or illness as affecting right for whole voyage. 1912A-1183. garnishment as against exemption, liabil- ity of vessel. 5-170. refusal to proceed to belligerent port as relinquishing right to wages, under contract of service for ordinary voy- age. 7-347; 9-530. subrogation to seaman's lien of person advancing money to pay wages. 10- 212. termination of wages by "loss" of vessel, what constitutes loss. 6-68; 1916D- 688. Wills of seamen. 1916A-483. Workmen's compensation, accident arising out of and in course of employment. 1913C-5, 6, 7, 8, 10, 11, 19, 22; 1914B- 499, 500, 503, 504. SEARCHES AND SEIZURES. Affidavit or complaint upon information and belief as basis for search-warrant. 1-653; 18-819. Animals, seizure by humane society, valid- ity of statutes authorizing. 14-916. Arrest for crime, right to search person and habitation of one under arrest. 3-354. Carrier of goods, liability for seizure under* police regulations of goods in its pos- session. 15-538. Description of premises, sufficiency in search-warrant or affidavit therefor. 17-232; 1916D-952. Evidence secured by search or seizure, ad- missibility. 15-1205; 1915C-1182. Food unfit for use, right of state to seize and destroy. 15-281. Gambling apparatus, validity of statutes authorizing seizure and destruction. 2-936; 13-454. Malicious prosecution, issuance of search- warrant as. 1-996; 10-372'. Keview of search-warrant proceedings. 6- 615. 778 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SEARCHES AND SEIZURES Continued. Search-warrant valid on face as protection to officer executing same. 1913D-214. Third person's property seized as evidence, right of officer making arrest. 1915C 964. Title to or right to possession of property, right to try in search-warrant proceed- ings. 1914D-172. Unlawful search of premises or person, damages recoverable. 1913B-1158. Vessels, seizure outside territorial jurisdic- tion for violation of municipal law. 3-811. SEARCHING RECORD. See Abstracts of Title. How far back is purchaser bound to search record title of his vendors. 1914A- 1288. SEATS. Carrier of passengers, duty to provide seats. 1915A-1069. validity of rule regulating manner of using seats in passenger cars. 1915D- 188. Street railways, seat for motorman, valid- ity of statute or ordinance requiring company to provide. 1914D-616. SECOND-HAND GOODS. Buyer and seller of second-hand goods as "dealer." 1917A-961. State or municipal regulation of use or sale of second-hand clothes, bedding or the like. 1-747; 1917C-1068. SECOND OFFENSE. Necessity of pleading prior offense in prosecution for second offense. 9-76S 1 ; 1914C-565. Penalty for second offense, imposition by court as dependent on allegation and proof of former conviction. 1912A- 1000. SECRECY. Communication based on promise of se- crecy as privileged from disclosure. 1916C-699. SECRET PROCESS. Price of articles produced by process, right of vendor to control on resale by vendee. 1916A-83. * Sale as restraint of trade. 9-908. SECRET PROFITS. Corporate director, liability to corporation or stockholder for secret profits. 1917A-238. Partner, duty to account for secret prof- its. 1914I>-433. Public officers, government's right to re- cover profits obtained by officer by virtue of his office. 19-604. municipality's right to recover from officer thereof profits made bv sale of land to municipality. 1914D-808. Stock broker, illegality of secret profits in dealings with customer. 1915B- 912. SECRET SOCIETIES. Students' secret societies, validity of stat- utory or other prohibition. 191 6E- 527. SECTARIAN SCHOOLS. School funds, power of legislature with respect to expenditure for mainte- nance of sectarian school. 1917C-923. SECTION-HANDS. Fellow-servant doctrine as applicable be- tween section-hand and other railroad employees. S-232. SECURITIES. See Chattel Mortgages; Mortgages; Pledge. Attorney's lien on securities in his posses- sion connected with litigation. 1917D- 149. Blue sky law, validity and construction. 1916A-706. Deposit of securities with state by corpo- ration, right to proceeds on dissolu- tion or insolvency of corporation. 1914D-439. SECURITY SEED. 779 SECURITIES Continued. Depreciation of securities caused by wear- ing away of purchase premiums, loss as bearable by life tenant or remain- derman. 10-515. Legacies of securities, distinction between specific and general. 10-490. 19- 1187. Legal meaning of "security" or "securi- ties." 1914D-623. SECURITY. See Bonds; Suretyship. Auction sales, security for purchase money. 1912A-1133. Conditional sale contract as affected by taking additional security. 16-216; 1916A-266. Factor's sales for principal on credit, right to take security. 1915A-178. Suretyship, discharge of security given by surety as discharge of surety. 12- 550. release of securities by creditor, extent of surety's discharge thereby. 3-433. Vendor's lien, implied lien as waived by taking security from third person. 13-869; 1914D-1225. What may be deposited as money in lieu of written undertaking. 1912C-356. SEDUCTION. 1. In General. 2. Civil Action. 3. Criminal Prosecution. 1. In General. Breach of promise of marriage, seduction as element of damages. 5-107; 8- 917; 1914B-1200. Marriage to avoid prosecution as void- able for duress. 14-869. "Unmarried woman," meaning within stat- ute relating to seduction. 17-65. 2. Civil Action. Action for seduction as one for personal injuries. 1912B-656. Affianced person, right of action by be- trothed. 1915B-544. SEDUCTION Continued. Bankruptcy discharge as affecting judg- ment for seduction. 3-170; 12-1011. Bastardy judgment or settlement as bar- ring right of action for damages. 191SD-669. Dying declarations, admissibility in action for seduction. 6-70. Father's action for seduction of daughter, accrual of right of action. 1-388. Infancy as defense to civil action for se- duction. 2-769. Intercourse effected by force, proof as de- fense to civil action. 15-1115. Mother's right to maintain action for daughter's seduction. 1916E-1275. Person standing in loco parentis, right to maintain civil action for seduction. 1912D-299. Promise to marry, preparations for mar- riage as corroborative evidence. 1915C-139. Woman's right to recover damages for own seduction. 8-lli5; 1912B-1062. 3. Criminal Prosecution. Chastity or good repute of woman, pre- sumption and burden of proof in pros- ecution. 17-89; 1916A-200. previous chastity as element of offense of criminal seduction. 19-444. Corroboration of female in criminal prose- cution, necessity and elements to which corroboration must extend. 19- 869; 1918E-468. Infancy as defense to actions and prose- cutions for seduction. 2-769. Promise of marriage conditioned on preg- nancy, intercourse procured by prom- ise as criminal seduction. 15-227. Reputation of defendant, admissibility in prosecution. 1916E-3S1. Subsequent marriage of parties, as termi- nating or suspending prosecution. 14 344. offer of marriage as defense to prosecu- tion. 15-1028. SEED. Express or implied warranty on sale. 1918B-72; 1918E-485. Eegulation of sale, validity of statute. 1917E-167. 780 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SEGREGATION OF RACES. See Races. SEIZIN. Covenant of seizin, where ordinary cove- nant is broken if at all. 1913B-1184. Existence of railroad right of way as breach of covenant of seizin. 1912C- 652. Instantaneous seizin doctrine as applied to mechanic's lien. 7-624. SELECTIVE DRAFT ACT. Compulsory military service. 1917C-812; 1918B-S63; 1918D-100. SELECTMAN. Municipal officer, selectman as. 1914D- 1230. SELF-DEFENSE. Assault of person on own premises, right to repel without retreating. 5-999; 15-51; 1916C-918. Injury to bystander while acting in self- defense, liability of person as for negligence. 1916C-1150. Instructions, duty of court to instruct as to self-defense where accused denies killing. 19-120. Mayhem, self-defense as defense to prose- cution. 15-82. Motive of defendant, necessity of proving on issue of self-defense. 1912C-238. Person not in lawful pursuit of business, right of self-defense. 9-1134. Plea as available to person charged with killing peacemaker. 1913C 265. Relative physical condition or strength of parties on issue of self-defense, ad- missibility of evidence. 19-124. Resisting arrest, homicide as excusable on ground of self-defense. 4-844. SELF-EXECUTING PRO- VISIONS. Constitutional self-executing provisions. 7-627; 18-199; 1914C-1116; 1918D- 10SO. SELF-INCRIMINATION. Claim of exemption from self-incrimina- tion, necessity in order to be entitled to immunity from subsequent prose- cution. 1915B-399. Corporation as included within privilege of witness against self-crimination. 1916A-380. Demand on accused in presence of jury to produce incriminating evidence as vio- lation of constitutional privilege. 1912D-261. Depositions, taking in criminal case as affecting privilege against self-crimi- nation. 1916A-1078. Information based on self-incriminating evidence, right of accused to dis- missal. 1914C-418. Production of books of private corpora- tion by person whom they may in- criminate, power of court to compel. 1912D-569. SELF-SERVING EVI- DENCE. Letter or telegram sent in general course of business, admissibility in evidence. 1917D-790. SENTENCE AND PUNISH- MENT. 1 In General. 2. Procedure. 3. Term of Sentence. 4. Habitual Criminals. 5. Suspension or Commutation, 6. Appeal. See Imprisonment for Debt. 1. In General. Alternative punishments, imposition of both. 1-734. Asexualization, constitutionality of stat- ute. 1914B-515. Contempt, federal courts, punishment for. 1915D-1060. imprisonment as mode of enforcing pay- ment of fine imposed. 1912D-1339. SENTENCE AND PUNISHMENT. 781 SENTENCE AND PUNISHMENT Con- tinued. mitigation of punishment for violation of injunction on advice of counsel. 1913D-385. necessity of hearing before imposition of punishment. 1916A-727. "Conviction," "convicted," legal meaning as implying or not implying judgment. 1915B-2S4. Convicts, liability of person serving life sentence to trial and sentence for murder. 14-4S8. Corporal punishment on convict, right to inflict. 18-298. Corporation, punishment for criminal acts. 1916C-465. Criminal execution, validity of statute prohibiting publication of report. 10 353. Cruel and unusual punishment, what is. 19-725; 1918B-396. Ex post facto law, changing punishment as constituting. 3-77. 1915C-1058. Prior punishment in one jurisdiction for an offense as affecting subsequent sen- tence for same act in another juris- diction. 21-69. Profanity, extent of punishment for mul- tiple offenses. 1914A-820. Recaptured criminal, reconfinement for remainder of sentence. 3-416. Repeal of criminal statute after judgment, effect. 1-220; 16-469. Statutes, excessiveness of punishment im- posed as affecting validity of statute requiring screens or vestibules on street-cars. 1914D-620. title of act not mentioning punishment as affecting validity of statute. 1912D-157. 2. Procedure. Amendment of sentence after execution, power of trial court to revise, correct or amend. 11-298. Asking convicted person if he has any- thing to say before sentence, effect of failure to ask. 1916C-95. Cumulative sentence, effect of invalidity of part of. 10-511. Informing prisoner of nature of charge, plea and verdict, necessity before sentence. 19-100. SENTENCE AND PUNISHMENT Con- tinued. Instruction as to punishment imposed for various degrees of homicide, propri- ety. 1917A-752. Joint or several judgment and sentence in case of two or more defendants jointly convicted of crime. 1913C 75. Mitigation or aggravation of sentence, admissibility of evidence after convic- tion. 14-968. Other offenses pending against prisoner, right to final disposition in passing sentence. 20-873. Presence of accused when sentenced, right to be present. 6-451; 11-813. Sunday pronouncement of sentence, validity. 1916B-10. 3. Term of Sentence. Contempt, term of imprisonment for civil contempt. 6-535. Imposition of punishment as reducing grade of crime from felony to misde- meanor. 8-821. Increase of sentence after defendant has served part of term, right of court. 1913C-280. 4. Habitual Criminals. Allegation and proof of former conviction, necessity before court can impose penalty for second offense. 1912A- 1000. Identity of name of defendant in criminal prosecution with name of person pre- viously convicted as establishing iden- tity of person. 6-1026; 14-589. "Similar offense," meaning in statute re- lating to punishment. 18-794. Special punishment for prior offender or habitual criminal, validity of statute prescribing. 18-923. 5. Suspension or Commutation. Commutation of sentences of criminals, constitutionality of statute conferring power on board. 4-1111; 20-479. Parole or conditional pardon, rearrest for violation of condition, period between release and rearrest as part of sen- tence. 10-203. 782 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SENTENCE AND PUNISHMENT Con- tinued. Suspension of sentence, court's power in criminal case. S-386; 14-722; 1912B- 1192; 1917B-362. insane persons, suspension of sentence and commitment until restoration of sanity as due process of law. 1913 C- 328. 6. Appeal. Excessive sentence, right of prisoner to discharge on habeas corpus or appeal. 7-144; 1916D-368. Habeas corpus as mode for review of er- rors in sentence or commitment. 11 1055. Eemand for proper judgment, power of reviewing court. 3-1024. Waiver of right to appeal by payment of fine. 1913E-300. SEPARATE TRIAL. Order of trial of persons jointly indicted after severance obtained as within discretion of court. 1914C-326. State's right to demand separate trial as to persons jointly indicted. 1914C-102. Time when separate trial in criminal case may be demanded. 1915B-802. Validity of statute providing for sepa- rate trial of issues in case. 1913B- 267. SEPARATION AGREEMENTS. See Husband and Wife. SEPARATION OF RACES. See Races. SERIOUS ILLNESS. Life insurance, meaning of term in ap- plication for policy. 20-291; 1918A- 682. SERVANTS. See Master and Servant. Bequests to "servants," who entitled to share. 2-866; 1912A-486. SERVICE. See Notice; Process. SERVICES. See Work and Labor. SERIOUS AND WILFUL MISCONDUCT. Conduct of employer or employee as af- fecting recovery under Workmen's Compensation Act. 1916A-790, 791. SETOFF AND COUNTER- CLAIM. 1. In General. 2. Actions and Claims Subject to Setoff. 3. Claims Which may be Set Off. 4. Jurisdiction and Pleading. 1. In General. Bankruptcy, setoff by bank of deposit against debt due bank by depositor as voidable transfer. 15-307; 1916C- 990. Distinction between setoff, counterclaim and recoupment. 1914B-119. Jury trial, right of defendant with re- spect to counterclaim as defense to equitable action. 1914C-852. Law governing right of setoff. 4-88. Mutual agreement for setoff as mutual account. 1913D-817. Nonresidence as ground for equitable set- off. 6-720; 19-1042. 2. Actions and Claims Subject to Setoff. Bankruptcy, setoff under American bank- ruptcy acts. 1916C-975, 988, 990. voidable transfer, setoff by bank of deposit against debt due bank by depositor as constituting. 15-307; 1916C-990. Executors and administrators, legacy or distributive share due to one of joint debtors, right of personal representa- tive to setoff against joint debt of estate. 21-812. Garnishment, right of garnishee to setoff as applicable to claims maturing SETOFF AND COUNTERCLAIM. 783 SETOFF AND COUNTERCLAIM Con- tinued! after service of garnishment. 18- 214. Landlord and tenant, action by landlord to recover demised premises, right to interpose setoff or counterclaim. 1916D-372. Monopolies, action by monopoly on col- lateral contract, right of defendant to set off damages sustained on ac- count of monopoly. 1916D-946. Beceivers, federal receivers as subject to setoff or counterclaim. 3-117. setoff against receiver. 1916D-599, 613, 615. Eeplevin action as subject to setoff or counterclaim. 1913A-105. Tax as subject to setoff or counterclaim. 1914C-339. Torts, counterclaim for tort in action of tort. 3-486; 1917D-114. United States' contracts, government's right of setoff or recoupment in ac- tion for additional compensation. 1918E-20. Wages, right to set up counterclaim or setoff against wages exempt from execution. 1914A-1183. what may be shown as defense or- setoff in action for wages. 1918D-79. 3. Claims Which may be Setoff. Agency, undisclosed principal, right of per- son sued by principal to set off claim against agent. 8-554. Assignments, claim assigned prior to suit, right of party to set off. 19-323. counterclaim with respect to claims as- signed after suit, right to set up. 17-430. Banks, debt due bank from depositor, right of bank to set off against his deposit. 2-206; 19-487. depositor's right to set off deposit against his debt due to insolvent bank. 1917C-1187, 1203. insolvent bank, right to set off against deposit a debt of depositor not yet due. 1915A-688; 19170-1205. setoff by bank of deposit against debt due bank by depositor as voidable transfer under bankruptcy law. 15- 307; 1916C-990. SETOFF AND COUNTERCLAIM Con- tinued. Bills and notes, individual debt due in- dorser from holder of note, right of indorser to set off. 1913A-1302. joint and several note, right to set off individual demand in action on. 2- 600. liability as indorser of note, right of debtor to set off against assignee of his insolvent creditor. 1914D-747. Corporations, debt due stockholder from corporation, right of stockholder to set off against his unpaid stock sub- scription. 1913E-1025. Executors and administrators, claim against deceased not presented within statutory period, right of person sued by executor or administrator to set off. 7-850; 1914D-224. setoff by personal representative in ac- tion brought against him as such. 8-307. Existence of setoff, recoupment or counterclaim at time of commence- ment of action, necessity. 17-425. Gaming, setoff of prior winnings in action to recover money lost. 1918C-771. Judgments, right to set off judgment against judgment for conversion of exempt property, 14-322. setoff of judgments as resting in dis- cretion of court. 17-967. Partnership debt, right to set off against claim by individual partner. 1915C- 809. Eecoupment, rule that it is available to defendant only where he could en- force claim in action against plain- tiff. 1914A-386. Value of property converted by plaintiff, right of defendant to set off against liquidated demand of plaintiff. 8- 737. 4. Jurisdiction and Pleading. Amount in controversy for purpose of appeal where defendant has filed counterclaim. 1914A-1041; 1917D-99. Excess of court's jurisdiction, right to interpose setoff or counterclaim ex- ceeding jurisdiction. 1913D-159. Garnishment, necessity that garnishee specially plead defense of setoff. 15-706. 784 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SETOFF AND COUNTERCLAIM Con- tinued. Pleading counterclaim, necessity that de- fendant designate defense as such in pleading. 1913A-1079. waiver of failure to reply to counter- claim. 1917D-619. SETTLEMENT. See Compromise and Settlement. SEVEN YEARS' ABSENCE. Presumption of death from absence. 7- 573; 12-242; 1918D-75&. facts sufficient to raise presumption in case of absence of less than seven years. 1916B-67. SEVERABILITY OF CON- TROVERSY. Eemoval of causes, right of state court to determine fact. 1912A-239. SEVERANCE OF ESTATES. Resulting rights of mine owner after severance of surface and mineral es- tates. 1913B-1106; 1918B-550. SEVERANCE OF LIMB. What constitutes within meaning of acci- dent insurance policy. 1917B-1011. SEVERE ILLNESS. Meaning in' application for life insur- ance policy. 20-291; 1918A-682. SEWERS. See Drainage. SEWING-MACHINE DEALERS. 'Trade," dealer as engaged in. 1916A- 1201. SEX Continued. Larceny of animal, indictmerit describ- ing animal of one sex and proof showing another sex, sufficiency. 17-739. SEXUAL INTERCOURSE. Excess as cruelty warranting divorce. 1918B-494. Refusal of intercourse as desertion war- ranting divorce. 12-547. Solicitation of chastity, civil and crim- inal liability. 2-457. SEXUAL ORGANS OR POWERS. i Excessiveness or inadequacy of verdict for injuries. 16-45; 1913A-1379; 1916B-436. SHACKLES. Eight of prisoner on trial to freedom from shackling. 5-959. SHADE TREES. Electric company's right to condemn right to cut or remove trees near right of way. 1914C-271. Injury by telegraph, etc., companies, lia- bility to abutting owner. '2-642. Eemoval from streets, power of municipal- ity. 1-785; 16-642; 1913C-1013. SHADOWING BY DETEC- TIVE. Act as subject to equitable relief. 1-156. SHAFTING. Duty and liability of master with respect to guarding. 18-652; 1914A-658. SEX. Child's sex as consideration in determin- ing right to custody on habeas corpus. 1914A-755. SHALL. "May" and "shall" occurring in same stat- ute. 4-420. SHAM MARRIAGE SHERIFFS AND CONSTABLES. 785 SHAM MARRIAGE. Intercourse procured by consent through mock marriage as rape. 1912C-131. SHAM PLEADING. Striking out general denial as sham or frivolous. 1917D-1177. SHERIFFS AND CON- STABLES. 1. In General. 2. Liability of Officer. 3. Sale and Deed. 4. Compensation and Expenses. See Executions; Judicial Sales. SHARE. Meaning of term as used in will. 1915B- 574. SHARING SYSTEM. Workman within English Compensation Act as including participant in sys- tem. 1913C-31, 32, 33. SHED. Term "outhouse" or "out-building," as in- cluding shed. 1912D-1195. SHEEP. Larceny of sheep, sufficiency of proof with respect to description in indictment. 17-738. SHEET METAL WORKERS. Worker as engaged in trade. 1916A-1201. SHELLEY'S CASE, RULE IN. Jurisdictions wherein rule is recognized, modified or abolished. 4-31. Limitation over, effect on operation of rule. 3-397. Personal property, application of rule. 12-S39. SHELL-FISH. Power of state to grant to private indi- vidual, exclusive right to shell-fish within waters of state. 16-198. Index to Notes 50 1. In General. Carrier's liability for delivering goods to officer. 1915D-878. Force in executing writ of replevin, use by officer. 1915C-1142. Indemnity for enforcing execution, right of officer to demand. 16-1045; 1914B- 859. Interpleader, right to file bill to deter- mine conflicting claims to proceeds of judgment. 1-513; 1913B-231. Judgment against principal as evidence against surety on official bond. 9 156; 1915D-405. Mandamus to compel execution of writ or other process by sheriff or constable. 1913B-569. Municipal officer, sheriff or deputy as. 1914D-1237. Eeturn of officer, amendment in respect to signature. 17-459. power of court to compel sheriff to amend return. 4-1168. Eeward offered for collection of evidence in criminal case, right of constable to. 1915A-726. Search-warrant valid on face as protection to officer executing. 1913D-214. 2. Liability of Officer. Assault aud battery, necessity of pleading justification in civil action against sheriff or constable for assault and battery. 21-115. liability of sureties on bond for assault committed by officer. 1916D-923. Attached property, injury or loss, liability of officer. 1912A-1114. Escape, liability of officer for voluntary escape. 1913C-694. Excessive amount of property levied on under execution, liability in damages. 1914A-306. 786 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. AND CONSTABLES Con- SHERIFFS tinued. Lynching of prisoner, liability of sheriff. 19-389; 1913D-636. Mob inflicting death on prisoner, liability of sheriff. 1-491. Process, burden of proof in action against officer for failure to execute and re- turn. 1912D-732. liability of sheriff or constable for fail- ure to execute process, when failure due to acts or instructions of plain- tiff or his agent or attorney. 4-979. presumption as to damages recoverable from officer for failure to execute. 2-11. 3. Sale and Deed. Caveat emptor rule as precluding defenses by bidder at sheriff's sale. 18-501. Junior attachment or execution, liability of sheriff to senior incumbrancer for sale under. 1917B-712. Misreeital in sheriff's deed, effect. 191 3B- 195. Parcels or en masse sale of property at sheriff's sale. 8-741; 1913B-619. Sheriff or constable selling to himself, validity of execution sale. 1914B- 836. Void execution sale, right of purchaser to recover money paid from levying offi- cer. 1915C-596. 4. Compensation and Expenses. Attached property, reimbursement for ex- pense of keeping. 1913E-758. Commission for selling property under exe- cution or order of sale, right of offi- cer where party entitled to proceeds bids in property. 1915C-1123; 1918 A- 373. Fees of sheriff or constable, personal lia- bility of attorney. 1917B-521. "Necessary expenses" of sheriff, what con- stitute. 1918D-928. Percentage of amount collected on sale of property, validity of statute allowing sheriff. 1913B-1299. SHERMAN ANTI-TRUST ACT. See Monopolies. Application of act to agreement regarding sale of copyrighted books. 1915A- 372. Illegal combinations within act. 2-956; 9-299; 1912D-764; 1913D-721; 1917D- 329. Witness testifying in proceeding under act, extent of immunity granted. 19140-131. SHIP CANAL. Ship channel as "public works." 11-596. SHIPS AND SHIPPING. 1. In General. 2. Definitions. 3. Navigation. 4. Masters and Pilots. 5. Seamen. 6. Charter-parties. 7. Salvage. 8. Carriage of Goods. 9. Carriage of Passengers. 10. Towage. See Carriers of Goods; Marine Insurance. 1. In General Admiralty jurisdiction in tort. 13-1216. Duress, money paid to enable vessel to ob- tain clearance papers as compulsory payment under duress of personalty. 1913A-1356. Federal Employers' Liability Act, employee working on watercraft as entitled to protection. 1918B-6S. Independent contractor, persons employed in loading or unloading vessel as con- stituting. 19-26; 1918C-659. Lien for construction of vessel. 1915D- 47, 54. Maritime law as part of common law. 1913E-1229. SHIPS AND SHIPPING. 787 SHIPS AND SHIPPING Continued. Name on vessel as evidence of ownership. 1915D-355. Physician or surgeon, liability of steam- ship company for negligence. 1912B- 935. Prizes of war, right to bring into neutral port. 1917D-448. Seizure of vessels outside territorial juris- diction for violation of municipal law. 3-811. Service of process, financial agent of steamship company as agent within statute providing for service of pro- cess on agent of foreign corporation. 19-206. Stevedores, liability for injury to winch- man loaned by vessel. 20-442. Taxation, situs of vessels for purpose. 3 1103; 6-211; 7-446; 20-966; 1914D- 289. Wharfage charges, mode of use of wharf by vessel as affecting. 13-385. Wharves, injuries sustained on defective wharf by person having business with officer of vessel, right to recover dam- ages. 1916C-145. Workmen's Compensation Act as appli- cable to work on vessel or operation of vessel. 1917D-21, 29. maritime employees as within purview of act. 1916B-8S, 280; 1917E-919; 1918B-661. 2. Definitions. "Any ports," legal meaning. 1916E-78. Appurtenances of ship, what constitute. 5-652. Derelict, what constitutes. 17-939. "Equipment," meaning in statute relating to attachment or lien on steamboat. 1913B-200. "Near coast," "near open port," meaning of terms. 1913D-124. "Owner," construction of term in statute limiting liability of owner of vessel. 11-32. Ships as "merchandise." 11-681. 3. Navigation. Bridges, liability for injury caused by vessel. 1917B-938. SHIPS AND SHIPPING Continued. Collision, failure of vessel to hear fog sig- nals as evidence of negligence. 13- 449; 18-528. loss of use of vessel without total loss, right to recover damages. 191 7B- 999. total loss of vessel, prospective profits as element of recovery. 6-131. Displacement waves, duty of vessel to avoid causing injury to other ves- sels by. 12-613. Harbors, mooring or anchoring vessel at place other than wharf, right to. 20- 813. Motor boats, statutory or municipal reg- ulation. 1915C-1139. Signal light, vessel anchored or moored in fairway or harbor, duty to display. 16-550. 4. Masters and Pilots. Criminal liability of master of vessel for loss of life of passenger. 14-461. Negligence of pilot, liability of pilot or of pilot association. 13-949. Pilot and master of vessel, relative rights and duties. 10-382. Repairs, supplies or advances, authority of master of vessel to pledge owner's credit. 18-875. Statutes relating to pilots, effect of par- tial invalidity. 1916D-78. 5. Seamen. Assaults on seamen by master or other officer, liability of vessel owner. 10- 378. Discharge of seamen, measure of damages for wrongful discharge. 14-946. End of voyage, what constitutes. 9-505; 20-851. Fellow-servants, crew members as consti- tuting. 21-110. Lights, liability of owner for injury to servant, received while in place not sufficiently lighted. 20-6. Loss of vessel, what constitutes within meaning of statute terminating sea- men's wages. 6-68; 1916D-6S8. Night watchman, duty and liability of master with respect to. 1912C-1038. 788 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SHIPS AND SHIPPING Continued. "Seaman," persons within term. 17-104. Sick or disabled seaman, duty of ship owner or master toward. 7-203. Wages, assignment of unearned wages of seaman, validity. 5-66. attachment or arrestment, construction of statute exempting seamen's wages. 15-130. refusal of seaman to proceed to belliger- ent port, right of seaman under eon- tract of service for ordinary voyage without relinquishing right to wages. 7-347. subrogation to seamen's lien of person advancing money to pay wages. 10 212. time lost on account of illness, right of seaman to recover wages. 1912A- 1183. 6. Charter-parties. Cancellation clause in charter-party, con- struction. 20-587. Demise of vessel by charter-party. 5623; 8-496. "Near," meaning of word as used in char- ter-party. 1913D-123. 7. Salvage. Damage for injuries, allowances as part of award to salving vessel. 14-88. Efforts of others necessary to saving of property, right to salvage. 17-1159. Eeview of salvage award. 20-561. Salvage service, extinguishing fire on ves- sel as. 17-911. 8. Carriage of Goods. Bill of lading, conclusiveness of statement as to quantity of goods received by carrier. 21-225. Contract of affreightment, right of cargo owner to treat as ended by abandon- ment of vessel. 4-412. Damage by sea water as result of peril of sea within contract of affreight- ment. 15-750. Delivery of goods by carrier by water, sufficiency to terminate its liability. 6-16. SHIPS AND SHIPPING Continued. Demurrage, lien of carrier by water in ab- sence of contract. 5-388. Deviation of vessel, effect on contract limiting liability for loss or damage to cargo. 7-283; 17-839. Limitation of liability of vessel owners. 1913D-1224. Harter Act as affecting validity of con- tract limiting liability. 4-11.08. Loss or injury to cargo due to inherent vice, liability of ship owner. 13-246. Offered goods for transportation, duty of carrier by water to receive. 15-1047. Prize, enemy goods shipped before com- mencement of hostilities as subject of maritime prize. 1916B-736. Strike as excuse for nonperformance of contract. 12-313. Sunday or holiday as excluded or included in computation of performance of act by parties under shipping contract. 1917E-947. Unseaworthiness of vessel, effect upon its liability for goods damaged by other causes. 13-509. 9. Carriage of Passengers. Accommodations for passengers, duty of carrier with respect to. 20-1017. Baggage of passenger, ocean steamship ticket limiting liability, validity and effect of stipulation. 9-913. Delay in transporting passenger, liability of carrier by water. 17-955. Passenger falling overboard, liability of carrier for injury or death. 1917D- 1038. Sickness of passenger during transit, duty and liability of carrier. 21-1086. 10. Towage. Collision of tow with another vessel, liabil- ity. 19-301; 1915D-588. Duty of tug to tow with respect to equip- ment of tug. 1914A-55. Independent contractor, tugboat as. 19- 26. SHIPWRIGHTS. Shipwright as engaged in trade. 1916A- 1201. SHOEMAKERS SIDE-TRACKS. SHOEMAKERS. SHOWCASE. 789 Shoemaker as engaged in trade. 1916A- 1201. Nuisance arising from location in front of building. 1913D-1212. SHOES. Admissibility in criminal case of evidence obtained by requiring defendant to furnish shoe to compare with foot- prints. 1917D-237. Trademark or trade name as infringed by similar name. 1915B-349. SHOOTING. Civil liability of sportsman for shooting another while hunting. 20-126; 1918C-386. Injury resulting from shooting firearm as accident arising out of and in course of employment within Workmen's Compensation Act. 1916B-1302. Trespass by shooting across land of an- other. 10-531. SHOPLIFTING. False imprisonment for shoplifting, exces- siveness of verdict in action for. 1916C-511, 512. SHOPS. Burglary, description of shop in indict- ment, sufficiency. 1913D-871. Meaning of "shop" as compared with "store." 1913E-1126. SICK DUES. Reduction of rate by amendment of by- laws after liability of society has ac- crued. 1-718. SICKNESS. See Disease. Blindness or defective vision as within term "sickness." 1913A-766. Carriers of passengers, duty and liability in case of sickness of passenger during transit. 21-1081; 1916C-862. ejection of sick passenger for nonpay- ment of fare, right of carrier. 1915D- 145. Counsel, sickness as ground for continu- ance of action. 1913C-432. Master and servant, right of employee to wages for time lost on acount of ill- ness. 1912A-1181. Medical attendance, implied authority of officers, agents and servants to con- tract for. 3-570. Suretyship, sickness of principal in crim- inal bail bond as exonerating sureties. 1915B-434. Visit to sick relative, liability for refusal to permit. 1914A-1248. SHORT CUT. Accident arising out of and in course of, employment by taking short cut to or from work as within Workmen's Com- pensation Act. 1913C-10, 11, 12, 19. SHOULDER. Injury to shoulder, excessiveness or inade- quacy of verdict. 16-29; 1913A-1371; 1916B-437, 455. SHOVEL-CAR. Term "car" as including shovel-car. 46. 1914D- SIDE. Injury to side, inadequacy of verdict. 1916B-438. SIDE-LINE. Traveling salesman carrying side-line as breach of contract. -1918C-952. SIDE-TRACKS. Power of Public Service Commission to compel railroad to build. 1915D-210; 1918E-339. 790 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SIDE-TRACKS Continued. Kailroad required to build side-track to private establishment at own expense, validity of statute. 18-991. Street railways, power to construct side- tracks. 1916C-793. SIDEWALKS. See Streets and Highways. Areaways, right of abutting owner to maintain in sidewalk. 2-366; 20-543; 1917A-558. Banana peel or the like on sidewalk, liabil- ity of municipality for injury caused. 1918E-178. Bicyclist, right to ride on sidewalk. 13- 1014. Coal-hole in sidewalk, legal liability for in- jury sustained by pedestrian. 1917D- 494. Construction by municipality, necessity of prior notice to lot owner. 3-676. Depression or difference in grade in side- walk, liability of municipality for in- juries arising. 20-798. Meaning of term "sidewalk." 20-1046. Mechanic's lien for construction of side- walk. 4-1015. Obstruction, right of abutting owner in transferring goods to or from building. 16-145. Planting trees, grass, etc., right of munici- pality to use part or permit use. 1912D-1236. Removal of snow, validity of ordinance imposing duty on property owner. 4 238. Smooth or slippery condition resulting from wear or nature of material used, liability of municipality for injuries caused. 1913A-670. Special assessment for constructing, liabil- ity as between life tenant and remain- derman. 1914B-819. SIGNALS. Automobiles, municipal regulation as to signaling devices. 1916E-1049. Evidence as to locomotive and street-car signals, weight of positive and nega- tive testimony. 12-1033; 18-633; 1916A-163. SIGNALS Continued. Fog signal, failure to hear as evidence of negligence on part of vessel. 13-449; 18-528. Misinterpretation of signal by railroad em- ployee as negligence. 1915A-1265. Railroads, animals on track, duty to blow whistle or give other warning. 1915B- 462, 472, 474. automatic device for ringing bell, valid- ity of statute requiring railroad to equip locomotives. 1914D-1289. duty to give signals at other than grade crossings. 3-361; 16-1234. failure of railroad to give as actionable negligence in favor of plaintiff for whose benefit law was not enacted. 1912D-1107. frightening horses in giving signals, liability for personal injury caused. 1913B-295. private crossings, duty of railroad to give signals. 21-568. Street railways, approach of ear, duty to give notice by sounding gong or bell. 20-152. lights, duty and liability in reference to placing signal lights. 10-605. signaling on approaching another car discharging passengers, duty of motor- man. 1912B-865. Vessels anchored or moored in fairway or harbor, duty to display signal lights. 16-550. SIGNATURES. See Forgery. Acknowledgments, necessity that officer certifying authority be acquainted with signature of officer taking ac- knowledgment. 1915D-1239. Agent's signature to memorandum as suffi- cient under statute of frauds. 4-893. Auctions, signature of auctioneer for pur- chaser or seller at sale, implied author- ity therefor. 1912D-1069. Bill of exceptions, effect of judge's neglect to sign within time required by law. 1913A-914. Bills and notes, signatures of maker and indorser of promissory note, necessity of proving in action on note. 1917A- 770, 809, 813, 817, 821. SIGNBOARDS SILVERSMITHS. 791 SIGNATURES Continued. Facsimiles, proof by comparison. 1912B 417. Failure of maker to subscribe name to in- strument as cured by acknowledgment. 1913A-398. Frauds, statute of, signature of memoran- dum required by statute, sufficiency of signature by one only of parties. 3 1036; 13-1121; 1912C-416. Genuineness of signature, burden of proof. 1913A-194. Justice of peace, effect of omission to sign summons. 1914A-1088. Marks, proof by comparison or opinion evi- dence. 19-504. Petitions, necessity for actual signing as presented, instead of having signa- tures detached from other like petition and affixed thereto. 14-486. withdrawal of name before petition is acted on, right of signer. 15-1125; 1913A-43. Printed signature sufficiency of memoran- dum within statute of frauds. 1913B- 663; 1918B-1030. Eeturn of officer, amendment of signature. 17-459. Suretyship, omission of signature by prin- cipal on obligation as affecting liabil- ity of surety. 2-219; 1912A-1015; 1917C-1073. Trustees, use of descriptive term after sig- nature as notice of trust relation. 16- 843. Verdicts, necessity of jury signing verdict. 1913D-182. "Wills, "attestation" when used with refer- ence to will as including "subscrip- tion." 16-1091. erasure or obliteration of signature as re- voking will where another signature is added. 20-218. subscribing witnesses, sufficiency of sub- scription to will. 4-637. sufficiency with respect to manner of signing by testator. 18-769; 1917B- 874; 1918E-1040. testator's signature "at end" of will. 2- 730; 11-1013; 1913C-485; 1916E-140; 1918B-230. SIGNBOARDS. Erection as violation of restrictive cove- nant against offensive trade or busi- ness or similar covenant. 16-225. SIGNS. Fall of sign causing personal injury, lia- bility of person maintaining sign sus* pending over street. 10-718; 17-376. Landlord's right to place sign on demised premises. 12-41. Municipal regulation of signs and bill- boards. 2-897; 16-766; 1913D-958; 1916C-941. Street railways, destination indicated by sign on car as entitling passenger to rely thereon. 3-1080. SILENCE. Arrest, waiver of illegal arrest by silence. 16-464. Attorney's silence during trial when op- posing attorney states matters of fact admitted by adverse party as admis- sion of such matters. 1913E-945. Criminal law, admissibility in evidence of undenied accusation of crime. 1913C- 240. Estoppel by silence to claim dower. 1912B-96. Failure of party to civil action to reply to oral statement as implied admission. 1918C-9, 40, 42. Fire insurance, waiver of breach of policy condition as established by, silence of insurer having notice of breach. 8- 500. Infant's silence after coming of age aa ratification of deed. 1912C-775. Eatifieation of act of stranger by silence. 1912B-151. Trusts, silence by cestui que trust as ac- quiescence in breach of trust by trus- tee. 1914C-748. SILVERSMITHS. Silversmith as engaged in "trade." 1916A- 1201. 792 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SILVERWARE. SKULL. Meaning of word "similar." 18-792. Trademark or trade name as infringed similar name. 1915B-342. SIMILARITIES. Handwriting, probative effect on issue of genuineness. 1913B-1317. SIMILAR PROPERTY. Meaning of term in statute relating to tax- ation. 18-794. SINGING-SCHOOL. What is singing-school. 1912B-1354. Fracture or other injury, excessiveness or inadequacy of verdict. 16-37; 1913A-1375; 1916B-440. SLANDER. See Libel and Slander. SLANDER OF TITLE. Burden of proof in action for slander of title to realty. 1913C-1362. Damages recoverable for slander of title. 21-221. Patent, jurisdiction of state court of action involving slander of title. 1916B-806. Who taay sue for slander of title to realty. 1913C-1360. SISTERS. Death by wrongful act, what is inadequate verdict. 1916B-468. Insurable interest of brother or sister in life of other. 1914C-284. Workmen's compensation, sister as depend- ent. 1918B-759. SITUS. See Inheritance Tax; Taxation, Attachment, situs of corporate shares of stock for attachment purposes. 1912D-954. Executors and administrators, situs of cor- porate stock for purpose of administra- tion. 1915B-702. Garnishment, situs of debt for purpose. 1913D-803. SKATING-RINK. Nuisance, skating-rink as. 19-104. noise from skating-rink as nuisance. 1912B-430. SLAUGHTER-HOUSES. Operator as "dealer." 1917A-967. Statutory regulation. 18-470; 1915C-245. SLAVES. Census reports of slaves as evidence of slavery. 9-883. Freeing slave as constituting larceny. 18- 826. Illegal sale of liquor to slave, burden of proof of right to sell in prosecution therefor. 1913C-635. Increase in value under life tenancy, who entitled to. 1916B-131. Infant bound out to service, statutft authorizing state as within constitu- tional provision against slavery or in- voluntary servitude. 9-402. Legitimacy of children of slaves. 5-144. Spates carved out of Northwest Territory as affected by Ordinance of 1787 re- specting slavery. 1915D-947. Trading with slaves, inducement to commit offense with view to prosecution as de- fense. 17-298. SKILL. Degree required of physicians and sur- geons. 1-306; 14-605. SLEEPING-CARS. Acts of employees with relation to passen- gers as affecting liability of railroad company. 19-1134. SLEEPING PERSONS SMUGGLING. 793 SLEEPING-CARS Continued. Contagious or infectious disease, obliga- tion of sleeping-car company to trans- port afflicted passenger. 8-221. Fellow-servants, employers of palace-car company and of railroad company as fellow-servants. 13-1146. Loss of passenger's property left by him in berth while temporarily absent, liabil- ity. 10-895; 1914C-963. Operation, statutory regulation. 15-415; 1914C-482. Property or effects of passenger for which liable. 14-521; 1912B-974. Protection of passengers from assault, rob- bery, or the like, duty of company. 1913A-900; 1914C-963. Pullman car employee as servant of rail- road company under federal Em- ployers' Liability Act. 1918B-53. Eelease of railroad company from liability to employees on cars hauled for sleep- ing-car company, validity and enforce- ability of contract. 12-738; 1915B- 534; 1918B-293. Service on branch line, power of Public Service Commission to compel sleeping- car company to install. 1917E-992. SLEEPING PERSONS. Carrier of passengers, duty to awaken pas- senger before reaching destination. 7-720. Confession made by person while asleep, admissibility in evidence. 1914C 561. Declaration or admission made by person while asleep, admissibility in evidence. 1914C-561. Injuries received during sleep as affecting liability of insurer against accident. 6-554. Rape on sleeping woman. 4-685. Sleeping-ears, duty of company to awaken juissenger before reaching destination. 7-720. SLIDING ROCK. Liability of master to servant for injuries caused by sliding of rock, earth, etc., in trench, quarry or other excavation. 7-301; 21-708. SLIPPERINESS. Carriers of passengers, banana peel or the like, liability for injury to passenger caused by slipping on. 21-1144. ice or snow on steps of vehicle, liability of carrier for failure to remove. 17 51; 1915A-767. Sidewalks, due to wear or nature of ma- terial, liability of municipality for in- juries caused. 1913A-670. Store floor, liability of owner to customer for injuries caused by slippery condi- tion. 1914A-133. SLOT MACHINES. Application of statute against gaming or gambling to slot machine. 20-131; 1915C-173. SMELL. Testimony by witness as to smell or odor. 1914B-736. SMOKE. Fright of horse on adjacent highway caused by volume of smoke arising from use of premises, liability of owner. 1912C-464. Nuisance arising from burning soft coal. 12-846; 1912B-1036. partial invalidity of statute relating to smoke nuisance. 1916D-77. running of statute of limitations against action for damages. 10-186. Validity of smoke ordinance or statute. 2-582; 13-1200; 1918B-173. SMOKEHOUSE. Burglary, description in indictment, suffi- ciency. 1913D-874. SMOKING. See Tobacco. SMUGGLING. Judgment in criminal proceeding as res judicata in proceeding to forfeit smug- gled articles. 21-1190. 794 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SNAKE BITES. Accidental injury within accident policy. 2-142. SNOW. Abutting owner's right to deposit in street. 1913D-187. liability for failure to remove from high- way. 1-946. Sidewalks, validity of ordinance requiring owner or occupant of property to re- move snow and ice. 4-238; 13-705. Steps of carrier vehicles, liability for failure to remove. 17-51; 1915A-767. Street railway tracks, removal of snow. 1-219. SNOWSLIDE. Injury caused as accident arising out of, and in course of, employment. 1916B- 1303. SOAP. Trademark or trade name as infringed by similar name. 1915B-343. SOBRIETY. Presumption of temperance. 1918A-620. SOCIAL STANDING-. Evidence admissible as to plaintiff's social standing in action of libel or slander. 6-768. SOCIETIES AND CLUBS. See Associations; Religious Societies. Badge or emblem worn by nonmember, va- lidity of statute making it offense. 21 1037. Communistic society or corporation as con- trary to public policy. 11-236. Contract made by or on behalf of unincor- porated association. 21-1088; 1916A- 853. Dues, legal obligation of member of unin- corporated association to pay. 1912B- 989. SOCIETIES AND CLUBS Continued. Embezzlement by member of unincorpo- rated association. 14-724. Gambling, applicability of statute against gaming to social club. 1912A-995. Gift inter vivos to unincorporated asso- ciation, validity. 1912A-689. Injuries sustained by applicant for mem- bership during initiation, liability. 12-554. Liquor distribution to members as af- fected by statutes regulating traffic in intoxicating liquors. 10-386; 1912A- 1088; 1915B-1064; 1916D-940. Mandamus as remedy against unincorpo- rated association. 16-1246; 1914B- 90. Membership, termination in society or club. 1913C-398. what constitutes membership in unin- corporated association. 17-1145. Name, right of unincorporated benevolent, fraternal or social organization to protection in use of its name. 1918A- 245. Promotion of business . interest of com- munity, powers and liabilities of as- sociation organized for purpose. 1917C-787. Quo warranto proceedings, joinder of parties. 1918D-216. Secret societies among students, validity of statutory or other prohibition. 1916E-527. Suit in association name, liability of un incorporated association in absence of permissive statute. 6-833. right of unincorporated association to bring in absence of permissive stat- ute. 3-699. Taxation, social club as exempt. 277. 1918E- SODA FOUNTAINS. Soda dispenser as engaged in "trade." 1916A-1201. SODA WATER. Soda water as food. 1913E-1293. SODOMY SPECIAL ASSESSMENTS. 795 SODOMY. Emission as element of sodomy. 11-94. Imputing sodomy to man as actionable slander. 1917A-1045. Penetration per os as sodomy. 21-336. Solicitation of sodomy as indictable of- fense. 2-457. SOLAR TIME. See Time. SOLDIERS. See Army and Navy; Militia. Civil or criminal liability of soldier for injury to person or property. 19170- 8. Elections, right of soldier in actual ser- vice to vote. 1917B-485. Licenses, exemption of soldiers from oc- cupation taxes as unconstitutional. 2-326. Paupers, family of soldier as constituting. 20-764. Pensions, effect of pensioner becoming in- mate of soldier's home. 1916C-854. Public property purchased or received in pledge from soldier or sailor, lia- bility of civilian. 1918B-523. Wills of soldiers. 1916A-483. SOLE AND UNCONDITIONAL OWNERSHIP. See Fire Insurance. SOLICITATION OF BUSI- NESS. Attorneys, right to compensation as for- feited by solicitation of business. 10-842; 1917C-872. solicitation of employment as ground for disbarment. 1918E-133. Hotels, lodging or rooming houses, va- lidity of statute or ordinance regu- lating or licensing solicitation. 1916C-294. Intoxicating liquors, what constitutes solicitation of orders in prohibition territory. 1915D-736. SOLICITATION OF CHASTITY. Civil and criminal liability. 2-457. SOLVENCY. Implied warranty as arising from assign- ment of chose in action without re- course. 1912A-926. SOUNDING GONG. Duty of street railway to give notice of approach of ear by sounding gong. 20-152. SOUNDNESS. Horse, express warranty on sale. 21- 1003. SPANISH AND MEXICAN GRANTS. Abandonment of land granted thereunder. 19-376. SPANISH LAW. Partition of lands by parol, validity under Spanish law. 8-407. SPECIAL APPEARANCE. See Appearance. SPECIAL ASSESSMENTS. Attorney's fee for collection, validity of statute providing for recovery. 11- 811; 1912A-692. Cost of local improvement exceeding au- tlu -ized debt limit, right of mu- nicipality to contract for. 1917B- 192. Cemetery or lot therein, liability to spe- cial assessment. 1912A-1051; 1916B- 78. Corner lot, mode of assessing for public improvement under front-foot rule. 1915D-1077. County property, liability to special as- sessment. 16-887; 1917D-847. Covenant to pay taxes as including spe- cial assessments. 12-589. 796 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SPECIAL ASSESSMENTS Continued. De minimis non curat lex, application of doctrine to proceedings. 19-968. Estoppel of property owner to attack va- lidity of assessment. 1915B-75?.. Excess of benefits, constitutionality of special assessment in excess. 3-11. Exemption from assessment for local im- provement as included within ex- emption from taxation. 15-349; 1913D-1114; 1915A-219. Front foot instead of according to bene- fit, validity of levy. 1913A-665; 1916B-194; 1916E-769; 1918D-432. corner lot, mode of assessing under front-foot rule. 1915D-1077. Intersection of streets, cost of improving. 21-635. Judicial inquiries into motives prompting enactment of ordinance relating to local improvement. 1912A-718. Lien of special assessment as affected by sale of property for general tax. 1913A-678. "Local improvement" for which special assessment may be levied, meaning of term. 20-339; 1914B-542. Municipal property, liability to special assessment. 16-888; 1917D-849. Notice of proceeding to levy assessment, right of mortgagee of property to notice. 1912D-536. Outstanding special assessment as breach of covenant against incumbrances. 1918D-975. Personal liability of abutting owner, constitutionality of statute provid- ing for. 17-1255. Petition or remonstrance for local im- provement, who may file. 191SE- 837. Priority of lien for special assessment over earlier incumbrance. 1913C- 1210. Public property as subject to special as- sessment. 1917D-844. liability in absence of express statutory provision. 16-886. Quieting title, lien as cloud on title sub- ject to action to remove. 1914A-888. limitation of action to remove lien as cloud on title. 1914A-893. SPECIAL ASSESSMENTS Continued. Eailroad right of way, assessment for street improvements. 2-587; 12-635; 1916E-579. Eemainderman and life tenant, liability to pay special assessment as between them. 1914B-817. Eural highway, assessing cost of construc- tion or repair on land benefited, va- lidity of statute. 1913D-550. School property, liability to special as- sessment. 12-419; 16-888; 1913D- 1103; 1916D-666. Setoff or counterclaim, right to set up against special assessment. 1914C- 340. Sewers, property subject to special sewer assessment. 1915D-3S4. Sprinkling streets, power of municipality to levy special assessment to pay cost. 12-611. State property, liability to special as- sessment. 16-887; 1917D-845. Streets, liability of public street to spe- cial assessment. 16-889. Time within which special assessment must be made. 1917E-137. United States property, liability to as- sessment. 16-886; 1917D-84C Water-pipes, right to levy special assess- ment against abutting property for laying in street. 5-905. SPECIAL DEPOSITS. "What is special, as distinguished from general, deposit in bank. 1913E-45; 1918B-390. SPECIALISTS. Physician or surgeon holding himself out as specialist, degree of care required^ 1915D-1124. SPECIAL LAWS. Constitutionality of special or local laws authorizing annexation and consolida- tion of municipal corporations. 3-499. Necessity in given case, province of legis- lature to determine. 6-926. What constitutes "local" statute. 4-659. SPECIAL OFFICERS SPECIFIC PERFORMANCE. 797 SPECIAL OFFICERS. Carrying concealed weapons, exemption from statute against. 1914A-257. Liability of employer for arrest made by special police. 1-723. SPECIAL TRAINS OR CARS. Duty of carrier of passengers to carry. 5-45. SPECIAL VERDICT. Common-law power and duty of court to submit proper special interrogatories to jury. 15-469. SPECIFIC PERFORM- ANCE. 1. In General. 2. Contracts Enforceable. 3. Parties. 4. Defenses. 5. Jurisdiction. 6. Decree and Relief Granted. 1. In General. Contract to convey realty, action for specific performance as in personam or in rem. 3-1004. Fire insurance contract evidenced by pre- liminary binding slip or receipt as subject to specific enforcement. 1914C-731. Injunction as remedy for contract not capable of being specifically en- forced. 3-976. Process, sufficiency of service by publi- cation in action for specific perform- ance of contract to convey realty. 1914A-769. 2. Contracts Enforceable. Appraisers to fix price of land, specific performance of contract for sale of land. 8-664. Arbitration agreements, when enforceable. 1-32. SPECIFIC PERFORMANCE Continued. Construction contract or contract to re- pair as enforceable. 9-160; 1913 A- 923. Corporate stock, contract concerning shares as enforceable. 5-272; 10- 935; 1915D-790. Exchange of land, contract for as en- forceable. 1918D-717. Expectancy, assignment of expectancy in estate to stranger as enforceable by specific performance. 1916E-1251, 1259. Fraudulent conveyance, agreement to re- convey property fraudulently con- veyed as enforceable. 3-942. Grantee's agreement in deed, specific per- formance of. 10-230. deed poll, enforceability of grantee's agreements. 15-685. support by grantee, right of grantor to specifically enforce on breach of condition by grantee. 12-900. Husband's contract to convey realty as enforceable when wife refuses to join. 14-671; 1914A-207; 1915C-1038. Leases, executory agreement of lessee to take lease as subject to specific performance. 1912C 1054. Married woman's executory contract in- valid for want of acknowledgment, right to enforce. 1918E-635. Mixed contracts for personal and real property as enforceable. 5-273; 10- 936; 1915D-790. Optional contracts, specific performance of. 1-990; 12-90; 1913A-362. Oral contracts, agreement to mortgage land as enforceable. 6-46. division fence, enforceability of oral contract to maintain. 1912C-470. inadequacy of damage as warranting enforcement of partly performed oral contract. 1-999. Partial interest of vendor in land, con- tract for sale as enforceable. 10- 562. Personal property contracts as enforce- able. 5-269; 10-934; 1915D-788. Railroad contract to erect depot or sta- tion, right to enforce. 14-478; 1918D-1085. 798 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SPECIFIC PERFORMANCE Continued. SPECIFIC PERFORMANCE Continued. Trusts in aid of personalty, specific en- forcement. 5-273; 10-936; 1915D- 790. Unilateral contract, agreement for sale of land signed by vendor only as en- forceable. 7-671. Wills, agreement among beneficiaries to dispense with probate of will, en- forceability. 15-742. contract to make will as enforceable. 1914A-399; 1918A-1191. testator's agreement not to change will as enforceable. 1916D-1160. 3. Parties. Agency, contract involving personal trust and confidence in agent, right of un- disclosed principal to enforce. 15- 238; 1912C-907. undisclosed principal's right to enforce contract of agent when consideration moves from principal. 1915D-721. Antenuptial contract made by third per- son, right of party to marriage to enforce. 9-603. Assignee's right to specific performance under contract for sale of realty stipulating against assignment. 1913A-230. Promoter's contract, specific performance against corporation. 8-263. Purchaser from vendor as subject to suit to enforce vendee's right under con- tract of vendor to convey realty. 17-1036. State contracts, liability of state or its officers to suit for specific perform- ance. 5-295. 4. Defenses. Change in value of property as warrant- ing refusal by court to enforce con- tract for sale of land. 1912C-559. Consideration of contract, inadequacy as ground for denying specific perform- ance. 12-122. Existence of lien on property as defense to action for specific performance. 1913A-717. Forfeiture of vendee's rights under con- tract for sale of land by failure to make payment as affecting specific performance of contract. 1913D-932. Ignorance of identity of purchaser as war- ranting denial of enforcement of con- tract for sale of realty. 1912C-750. Laches as defense to action by vendee to enforce contract for sale of land not fixing time for performance. 1915B-1109. Oral resale contract as defense to action to enforce contract for sale of land. 1914D-461. Stipulation in contract for forfeiture of specified sum in case of breach as. defense to action. 8-359. 5. Jurisdiction. Exchange of land, land of one party situated outside jurisdiction of court as affecting right to relief. 1918D- 719. Land situated in another state or country, right of vendor to maintain action for specific performance of executory contract for sale. 1912C-539. Patents, jurisdiction of state court of suit for specific performance of con- tract relating to patent. 1916B-805. 6. Decree and Relief Granted. Compensation on specific performance of contract for sale of land, right to. 1915D-1108. , Damages or compensation as allowable on denial of specific performance. 1912A-806. Form of conveyance which may be de- creed in action to enforce contract to convey land. 1915C-489. Judgment on contract to sell realty as enforceable by process of contempt. 1912C-780. Payment or tender of purchase price as condition precedent to right of pur- chaser to enforce contract for sale of land. 4-852; 13-647. Perfecting title by vendor, when time may be allowed by court in suit to enforce contract. 1912A-323. SPECTACLE-MAKERS. Spectacle-maker as engaged in "trade."' 1916A-1201. SPECTATORS SPITE FENCES. 799 SPECTATORS. Injury of spectator due to improper use of street which municipality has ex- pressly permitted, liability of munici- pality. 9-828; 21-469. Misconduct during criminal trial as ground for new trial. 12-645. SPEED. Automobiles, driver exceeding speed limit at railroad crossing as contributory negligence. 1915B-769. opinion evidence as to speed of automo- bile. 19-754; 1917D-613. Fire apparatus as subject to highway re- striction as to speed. 1917D-565. Fire caused by railroad, admissibility in evidence of statute regulating speed of train in action for damages re- sulting from fire. 1915A-991. Injuries to employee on train caused by speed, liability of railroad. 21-806. Railroads, competency of nonexpert wit- ness to testify to speed of train. 1913A-187. inference of speed of train from dis- tance run after accident and efforts to stop. 15-948. speed of train as negligence in absence of prohibitory statute. 7-988; 1914B- 602. -traveler crossing in front of train, right of recovery as affected by speed of train. 21-1174. unreasonable testimony as to speed of train, withdrawal from jury. 15- 1194; 1917B-479. violation of speed statute as affecting liability for injury to trespasser. 5- 1007. Speed statute or ordinance not intended for plaintiff's benefit, violation as ac- tionable negligence. 1912D-1107. Street railways, competency of nonexpert witness to testify to speed. 191 3 A- 187. controlling rate of speed, duty with respect to car approaching another car discharging passengers. 1912B- 865. inference of speed from distance run after accident and efforts to stop. 15-948. SPEED Continued. unreasonable testimony as to speed, withdrawal from jury. 15-1194; 1917B-479. violation of speed ordinance as negli- gence. 9-840. Vehicles in streets, constitutionality of statutes and ordinances regulating speed. 3-495; 11-728; 1916E-1067. SPELLING. Spelling as element in identifying author of writing. 20-1336. SPENDTHRIFT TRUSTS. Bankruptcy of beneficiary, effect on spendthrift trust. 1918D-91. Creation, sufficiency of instrument. 3- 1010; 18-495; 1917B-400. Creditor's bill to reach interest under spendthrift trust. 1914B-950. Donor also beneficiary, validity of spend- thrift* trust. 19-273; 1917D-1054. Validity of spendthrift trust. 3-588; 18-221; 1918C-965. SPINE. Fracture or injury, what is excessive or inadequate verdict. 16-34; 1913A- 1373; 1916B-440. SPINSTER. Inclusion under term "woman." 10-958. SPIRITUALISM. Belief as impairment of testamentary capacity. 10-617; 1914C-1049. Circulation through mails of representa- tions of ability to obtain results through spiritualistic powers as scheme to defraud within postal laws. 1914D-1244. SPITE FENCES. Injunction against adjoining land owner for malicious erection or maintenance of fence of unusual height. 9-734; 1915C-718. Eight to damages for erection. 19-478. 800 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SPLITTING CAUSES. Injury to person and property arising out of single tort, joinder and splitting of claims. 3-464; 1912D- 256. SPORTSMAN. Shooting another while hunting, civil liability. 20-126; 1918C-386. STABLES Continued. Burglary, sufficiency of indictment with respect to description of stable. 1913D-473. Legal meaning of "stable." 1912B-453. Nuisance, equitable relief against stable as nuisance. 14-894; 1913B-894. "Outhouse" or "out-building," term as in- cluding stable. 1912D-1194. SPRING-GUNS. Civil liability for injuries caused by spring-gun. 19-939. Homicide, criminal liability for setting spring-gun resulting in death. 15 587. SPRINGS. Land owner's right to sink well and intercept subterranean waters sup- plying neighbor's spring. 4-829; 10 846; 1917C-106. Prescriptive right of public to use spring. 1914B-725; 1917A-881. SPRINKLING STREETS. Power of municipality in respect to sprinkling. 6-9S2; 12-611. SPUR-TRACKS. Condemnation of land for construction of spur-track to private establish- ment, right of railroad. 7-835; 13- 1012; 1912D-234. Contract for location, validity. 15-640. Municipality's right to condemn land for construction. 1912B-382. SQUARES. See Parks and Squares. STAGECOACHES. Ownership, name on property as evidence. 1915D-355. STAGE LINES. Railroad company's power to conduct. 4-910. STAGE MANAGER. Contract for services of stage manager. 1914B-13. STAIRMAKERS. Stairmaker as engaged in trade. 1916A- 1201. STAIRWAYS. Liability of proprietor of store to customer for failure to keep in safe condition. 1912D-141. STALE CLAIMS. Enforcement in equity. 1914B-314. STALLIONS AND JACKS. Law respecting breeding of animals. 1916A-564. SR. Effect of use of "Sr." in connection with name. 1917A-1211. STABLES. Building restriction to dwelling-house purposes as affecting stables on prem- ises. 1912D-482. STAMPED SIGNATURES. Sufficiency of stamped signature within statute of frauds. 1913B-663. Testator's name stamped on will, suffi- ciency as signature. 18-771. STAMPS. See Eevenue Stamps; Trading Stamps. STANDARD POLICY STATES. 801 STANDARD POLICY. Constitutionality of legislation providing for standard fire insurance policy. 6- 91; 1915A-290. Kule of construction respecting doubtful terms as applicable to standard policy. 1913E-287. STANDARDS. [Weights and measures, validity of legisla- tion prescribing standards. 1912C- 251; 1918D-157. STANDING CARS. Turntable or attractive nuisance doctrine as applicable. 1912D-916. STANDING PASSENGERS. Contributory negligence. 13-122. Handholds or straps, duty of carrier to provide. 1913C-170. STANDING OR WALKING. Accident insurance, meaning of term in policy. 12-47. STARCH. Trademark or trade name as infringed by similar name. 1915B-344. STARE DECISIS. Advisory opinion by appellate judges, force and effect. 1917A-495. Construction of criminal or penal statute, application of doctrine. 1914B-1249. Divided court, doctrine as applicable to decision by. 16-113. Pederal court as bound by dictum of state court, or decision not concurred in by majority of judges, as to construction of state statutes. 13-573. Legislative acquiescence in decision, appli- cation of doctrine to. 2-725. Single decision as basis for doctrine. 1914A-1080. United States supreme court decision, when not binding on state court. 1913E-281. ' Index to Notes 51 STARTING CARS. Liability of street railway for starting car before passenger is seated. 1912D- 582. STATE AID. Pension, bounty or aid to war veteran, validity of statute granting. 1913B- 951. STATE ATTORNEY. See Attorney General. STATE DEBT. Gift for reduction as valid charitable gift. 1914A-1219. STATE LANDS. See Public Lands. STATES. 1. In General. 2. Property and Contracts. 3. Fiscal Management. 4. Appropriations. 5. Actions by or Against State. 1. In General. Admission to Union as affected by pro- visions of Ordinance of 1787. 1915D- 945. Adverse possession against state, acquisi- tion of title to land under water. 1912A-702. Concurrent jurisdiction of states over waters forming state boundaries. 16- 1115; 1914D-190; 1917B-919. Corporations, ultra vires sale of property, right of state to object. 1916A-839. Eminent domain, power of state to exer- cise for use of another jurisdiction. 1915D-1226. Employers' Liability Act as applicable to state as employer. 1914B-889. Estoppel, de facto municipality, estoppel of state to question validity. 12-261. inconsistent positions, estoppel of state to take. 1914A-229. Perries between states, regulation. 1-110; 16-865. 802 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STATES Continued. Fire department in municipality, authority of state to control and regulate. 14- 357. Fishery, power of state to grant to private individual exclusive right to shell-fish within its water. 16-198. Income taxes, power of state to tax salary or income of federal officer or vice versa. 7-87; 12-827. Indians as subject to state regulation. 13- 192; 1914B-652; 1915D-371. Martial law, power of state to declare. 1914C-24. Municipal ordinances as applicable to states. 17-1003. Nuisance, act which is both crime and public nuisance, right of state to enjoin. 13-794; 1914A-440. city streets, right of state to enjoin nuisance therein. 16-486. private nuisance which is also crime, right of state to enjoin. 1916C-455. Police of municipality as state agents sub- ject to removal at instance of state for failure to enforce law. 1918B-145. Printing, etc., to be done within state, va- lidity of statute requiring. 1913 A-82. Statutes, applicability of general statute not referring to state. 1912A-1214. United States, power to condemn lands within state. 1918E-42. War defense acts by state, validity. 1918D-1105. Waters and watercourses, state grant of exclusive control over navigable stream, validity. 1915D-69. title to land under navigable waters, power of state to grant. 1918B-1107. Wild animals, state ownership. 1917B- 949, 978, 980. liability of state for injury done to private property by wild animals. 1917D-810. Workmen's Compensation Act as appli- cable to state as employer. 1914B- 889. 2. Property and Contracts. Contracts, annulment by legislative act, power of state. 1915B-137. validity of contract where member of legislature is interested. 1916A-237. STATES Continued. Copyright protection, right of state in law reports. 17-962. Eminent domain, public lands held in an- other state as subject to condemna- tion. 15-489. Internal improvement, construction of con- stitutional provision that state shall not engage in work of. 6-307. Lease of public land as subject to collat- eral attack. 1912B-91. Monopolies controlled by state not subject to federal Anti-trust Act. 2-959. Special assessment, liability of state prop- erty in absence of express statutory provision. 16-887. property of state as subject to special assessment. 1917D-845. Taxation of state property in foreign state. 1912D-804. 3. Fiscal Management. Bonding public officers, validity of statute establishing fund for purpose. 1918A- 603. Bonds, liability of state bonds to taxa- tion by state. 8-26; 12-350; 1914B- 1163. Claim against state, part payment as sat- isfaction. 1914D-824. Creditor's bill, claim against state as reachable by. 1914B-957. Expenditure of state funds, right of county to maintain action to restrain. 1913C- 669. Federal taxation of instrumentalities of government. 4-747. Giving or loaning money or credit of state, construction of constitutional provi- sion against. 1913C-1230. Indebtedness of state, constitutional limit as affected by indebtedness of politi- cal subdivisions. 1912C-450. Inheritance tax, state bonds as subject to succession tax on transfer by will or inheritance. 5-874. Interest, liability of state for. 1914A-361. Necessary expenses of administration of state affairs, what constitute. 1918D- 928. Priority of debts and claims of state against insolvent debtor's estate. 4- 973. STATE TKEASUREK^STATUTE OF LIMITATIONS. 803 STATES Continued. Securities and obligations, necessary parties in action to determine validity. 5-858. 4. Appropriations. Constitutional provision against giving or loaning money or credit of state, con- struction. 1913C-1230. Payment for injury to member of militia, validity of appropriation. 1914B- 1283. School funds, power of legislature with re- peet to appropriation. 1917C-917. What constitutes appropriation of public money, within constitutional provision relating thereto. 1915A-1240. 6. Actions Toy or Against State. Attorney general, exclusive control over litigation in which state is interested. 1914D-155. Boundaries of state, original jurisdiction of United States supreme court in ac- tion affecting. 1912C-530. Certiorari to review highway proceedings, right of state to bring. 18-669. Charities, right of state to intervene in proceeding in interest of public charity. 1913D-138. Costs, liability for. 8-399. Ejectment, right to maintain against state officer or agent in actual possession of premises. 1913C-357. Injunction against acts committed in an- other state, right of state to enjoin. 11-490. Insane persons, cost of maintaining insane person in public institution, recovery by state from estate of incompetent. 1913A-577; 1917E-418. damages for unlawful detention in hos- pital or institution for insane, right to. 19170-162. Intervention in appointment of adminis- trator, right of state to contest. 1913C-1035. Jury, competency of employee or official as juror where state is party to action. 15-400. Limitation of actions, right of state to plead as to claim against it. 10-595. STATES Continued. running of statute against state as de- pendent on state being real party in interest. 8-702. Mandamus against state officer as abated by termination of office. 4-75; 10-60; 1918A-1000. Res judicata, civil actions by state as 'barred by judgment in criminal pro- ceedings. 5-80. Specific performance of contracts, liability of state or its officers. 5-295. Suit against state within constitutional prohibition, suit to enjoin enforcement of statute by state officer as consti- tuting. 14-791. Taxpayer's action against state officer. 1913C-899. Torts of its officers, liability of state. 1913E-1938; 1918D-916. United States supreme court, when state may invoke original jurisdiction. 19120-528. Wills, right of state to contest. 14-959. STATE TREASURER. Liability for interest received on public funds. 1918E-105. STATIONARY ENGINEERS. Licensing or otherwise regulating, valid- ity and construction of statute or ordi- nance. 1915A-1017. STATIONARY ENGINES. Liability for fire caused by stationary en- gine. 1917C-771. STATIONS. See Carriers of Passengers; Railroads. STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. See Limitation of Actions. 804 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STATUTES. 1. In General. 2. Enactment and Formal Requisities. 3. Title. 4. Special or Local Legislation. 5. Construction and Operation. A. GENERALLY. B. EXTRINSIC AIDS TO CONSTRUCTION. C. RETROACTIVE OPERATION. D. MEANING OP PARTICULAR WORDS. 6. Amendment, Repeal and Re-enactment. A. GENERALLY. B. EFFECT OF REPEAL. 7. Conflict Between State and Federal Acts. 8. Curative and Ex Post Facto Statutes. 1. In General. Constitutionality of statute, who may raise objection. 19-175; 1915C-57. English statutes as part of common law of United States. 1913E-1224. Estoppel of public officer to deny validity of statute by accepting compensation thereunder. 1917C-284. Exemplary damages for act punishable as crime, validity of statute authorizing recovery. 9-638. Foreign law, admissibility of printed copy of statutes of another jurisdiction to prove its law. 1916D-853. Judicial notice of statutes, construction of statute requiring courts to take. 1914D-545. federal statutes, judicial notice by state or provincial courts. 19-395. Long acquiescence in validity of statute as affecting constitutionality. 16-877; 1912A-505. Ministerial officer, right to question va- lidity of statute. 2-81; 1912D-152; 1918D-1199. Municipal ordinance as repealed by enact- ment of statute under exercise of similar police power. 7-551. Ordinance covering same ground as statute, validity and effect. 4-2; 13-799; 1912D-677. Pleadings, determination of validity of statute on pleadings alone. 1914D-468. STATUTES Continued. necessity of pleading public statute in action based thereon. 1-947. Prohibition as remedy to review validity of statute. 1913D-596. Res judicata, prosecution under statute as bar to prosecution under ordinance and vice versa. 1912C-37. Violation of statute as constituting contri- butory negligence. 4-513. contracts in violation of statute, valid- ity. 1-333; 11-664. right of one to complain of violation by another when himself guilty. 1914A- 539. statute not intended for plaintiff's bene- fit, violation as actionable negligence. 9-427; 1912D-1106; 1916B-301. Wills, effect upon validity of will of stat- ute passed after death of testator. 1912D-348. Wisdom, policy or motives prompting en- actment of statute, judicial inquiry into. 1-570. 2. Enactment and Formal Requisities. Amendment or correction of legislative journals to show compliance with con- stitutional requirements in enactment of statute. 21-814. Approval by executive, computation of time allowed executive to sign or re- ject bill passed by legislature. 6-717; 1912A-801. extrinsic evidence as admissible to show approval or disapproval of bill. 1917C-836. power of executive to - approve bill in part only. 20-162. withdrawal of approval, right of ex- ecutive. 13-230. Emergency clause with respect to initia- tive and referendum provisions. 1916B-834; 1917E-985. Enacting clause, form, constitutional re- quirement as directory or mandatory. 14-813. omission of enacting clause, effect. 1916A-520. Final passage of bill requiring vote by yeas and nays, what constitutes within constitutional provision. 16- 977. STATUTES. 805 STATUTES Continued. Holidays, validity of enactment or publi- cation of statute on holiday. 1916E- 849. Impeachment of act of legislature by re- ference to legislative journals. 9-582; 20-350; 1918D-253. Judicial notice of contents of legislative journals on issue of enactment. 20 449; 1916E-1284. Passage of bill, necessity of signatures of presiding officers of legislature. 4 905. Presentation of bill to governor for his signature. 1914D-268. Printed statute or enrolled bill as govern- ing in case of variance. 17-365. Ratification by voters as necessary to tak- ing effect of act, validity of statute. 20-652; 1916A-110; 1918E-573. Reconsideration of vote on bill or resolu- tion, power of legislature to recon- sider. 1913B-611. Resolutions, joint resolution of legislature as having force and effect of law. 18-706. Return of bill by governor, exclusion or inclusion of Sunday or holiday in com- putation of time. 1917E-943. Special or extra session of legislature, va- lidity of statute passed. 21-409; 1915C-475. Veto by executive, evidence of. 19-837. 3. Title. Civil service statutes, validity with respect to sufficiency of title. 1913B-1005. Commission form of government, suffi- ciency of title to act authorizing. 1917C-1106, 1125. Constitutional provisions relative to titles of statutes, construction. 1-584; 1915A-79. Insufficiency of title as affecting validity of act. 1916D-28. Intoxicating liquors, validity of liquor law under constitutional provisions as to title and subject matter. 20-323. Laundries, sufficiency of title of act reg- ulating. 21-982. Legislation proposing constitutional amendment, applicability of constitu- STATUTES Continued. tional provision relating to title and subject matter of statutes. 1916B- 1004. Penalty or punishment not mentioned in title, validity of statute providing for. 1912D-157. Title more comprehensive than act itself, constitutionality of statute. 1912A- 102. 4. Special or Local Laws. Annexation and consolidation of munici- pal corporations, constitutionality of special or local laws authorizing. 3- 499. Exclusive rights or privileges, constitu- tionality of statute granting. 1-847. "Local" statute, what constitutes. 4-659. Province of legislature to determine whether special law is necessary in given case. 6-926. 5. Construction and Operation, A. GENERALLY. Adopted statute, amendment or repeal thereof as affecting adopting statute. 9-303; 1916B-375. construction of adopted statute. 1-147; 1917B-651, 660. Applicability to state of general statute not referring to state. 1912A-1214. Casus omissus, interpretation of statute so as not to recognize. 1913D-711. Changing, supplying and eliminating words to correct obvious error. 1-752. Condition in statute, effect of invalidity. 1916D-26. Construction by courts acquiesced in by legislature as confirmation of mean- ing. 2-725. Contemporaneous statutes in pari materia, construction together. 18-424; 1915A- 186. Ejusdem generis rule, when inapplicable in construction of statute. 1914C-305. Workmen's Compensation Act, applica- bility of rule. 1917D-7, 38, 39. Exception to statute, effect of invalidity. 1916D-26. 806 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STATUTES Continued. Expressio unius est exclusio altering rule with respect to Workmen's Compen- sation Act. 1917D-8. Extension of statute by inference from later statute to cases not originally contemplated. 4-7. where case comes into existence other- wise than by statute. 21-1285. Extraterritorial operation of federal stat- ute as to acts of citizens of United States in foreign country. 16-1050. Federal court as bound by state court dictum, or decision not concurred in by majority of judges as to construc- tion of statute. 13-573. Grant in constitution or statute made to private person or corporation, rule of construction in favor of public. 1914A-158. Inheritance tax law, construction so as to avoid double taxation. 1914B-691. rules for construction of statute. 1915C-322. Interpretation clause in statute, construc- tion of. 1914B-186. Irreconcilable provisions, rule that last will be given effect. 6-860; 19-149. Partial invalidity of statute, effect. 1916D-9, 104, 127, 136, 139, 158, 171; 1918D-1123. "Passage of act," meaning of statutory terms referring to time of passage. 3-737; 21-989. words of description or exception refer- ring to time of passage. 1918D-825. Penal ordinances as subject to strict or liberal construction. 17-212. Proviso in section of statute as applicable to other sections. 1913E-658. invalidity of proviso, effect. 1916D-26. Punctuation as affecting construction of statutes. 10-1083. Reasonableness of construction as applied to new limitation statute affecting ex- isting causes of action. 8-526. State courts, construction given to statute subsequent to accrual of rights in- volved, conclusiveness upon federal courts. 17-1211. Time of taking effect, fractions of day in computation of time. 2-135. STATUTES Continued. partial invalidity of provisions as to time as affecting validity of statute. 1916D-32. words of description or exception refer- ring to time of taking effect. 1918D- 825. B. EXTRINSIC AIDS TO CONSTRUCTION. Contemporaneous practical construction of unambiguous statute, effect given by courts thereto. 10-51. Expired or repealed statute in pari materia as aid to construction. 1915B-625. Opinions or motives of legislators or draughtsman of bill as aid to construc- tion. 19-1031. Preamble as aid to construction of statute. 1917C-500. C. RETROACTIVE OPERATION. Inheritance tax acts, prospective or re- troactive operation. 2-608; 8-218. Limitation of actions, retroactive opera- tion of statute. 4-166; 1912A-1041. Recording acts, constitutionality with re- spect to pre-existing instruments. 5- 258. Stockholders' liability, constitutionality of retrospective act changing remedy to enforce liability. 5-324. Tax laws, exemption from taxation, retro- spective operation. 6-438. priority of lien for taxes, retroactive operation of statute. 1913B-524. Wills, passage of act after death of tes- tator as affecting validity of will. 1912D-348. Workmen's Compensation Acts, retro- active operation. 1918B-617. D. MEANING OF PARTICULAR WOBDS. "About," meaning when used with refer- ence to time in statute. 17-742. "Adjoining," meaning of term as used in statute. 1913D-847. "All," meaning as used in regulatory or prohibitory statute. 1917E-39. "All damages," meaning of term as used in statute. 1917E-83. "All property," meaning as used in stat- ute. 1917E-5S. "And" as "or" and vice versa, in con- struing statute. 1913A-1058; 1915C- 182. STATUTES. 807 STATUTES Continued. "Carriage" or "vehicle" as including motor vehicle. 1913B-756. "Case," meaning of word as used in sense of "action" or "proceeding." 21-670. "Child," in statute, adopted child as in- cluded thereunder. 1915B-786. grandchild or grandchildren as included under term "child" or "children." 1918E-1004. illegitimate child as included under word "child" in statute. 1918B-250. "Contiguous," meaning as used in statute or ordinance. 1918E-SOO. "Conveyance," in statute as including lease. 1913D-1000. "Court," in statute as meaning "judge." 1913E-389. "Deem" or "deemed," meaning of term in statute. 16-480. "Estimate," "estimated," meaning of term in statute. 1913B-851. "Etc.," legal meaning. 1912C-175. "From" as word of inclusion or exclusion in construction of time of taking ef- fect of act. 15-29; 1918A-92S 1 . "Furnish," "furnished," "furnishing," meaning of words in statute. 1913A- 1232. "House," in statute as including land. 1914B-1242. "Issue" as including adopted child. 1912A-326. "Law," ordinance as law within meaning of statutory provision. 1917C-689. "Lowest responsible bidder," meaning in provision for letting municipal con- tracts. 1913A-500. "Man," word as including male under twenty-one years of age. 1912A-233. "May" and "shall" occurring in same statute, construction. 4-420. "Near," meaning of word as used in stat- ute. 1913D-117. "Owner," in statute limiting liability of owner of vessel, construction of term. 11-32. "Person" as including private corporation. 20-739; 1914A-1308. "Pro rate," "pro rata," legal meaning. 1918C-792. STATUTES Continued. "Provided," meaning of term in statute. 1912C-108S. "Eoad," in statute as including street. 1914A-776. "Similar," meaning of word in statute. 18-792. "Thing," legal meaning as used in stat- ute. 1915A-27. "Timber," meaning of term in statute. 19-1053. "Wearing apparel," meaning in exemption statutes. 15-159. 6. Amendment, Repeal and Re-enactment. A. GENERALLY. Amending statute, effect of partial in- validity. 1916D-21. Change in statute, when to be regarded as creating new statute instead of mere amendment thereof. 1914D- 1171. Implied repeal of statute by code, revi- sion or re-enactment. 5-202. Employers' Liability Act, what statutes impliedly repealed thereby. 1916E- 773. Workmen's Compensation Act, what statutes impliedly repealed thereby. 1916E-773. Initiated laws, repeal of. 1916B-838. Omission from codes and revisions as im- plied repeal. 5-203. Be-enactment of provisions of repealed statute by reference thereto. 17-437. Eepealing statute, effect of partial in- validity. 1916D-21. Simultaneous repeal and re-enactment of statute, effect. 11-472; 1912D-539. Validating unconstitutional statute by amendment. 4920. B. EFFECT OF REPEAL. Action based on repealed statute as af- fected by repeal after judgment. 1912B-1157. Charter rights of members of beneficial association as affected by amendment of statute. 1915C-276. Contracts, void contract under statutory or constitutional provision as affected 808 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STATUTES Continued. by subsequent repeal of such provi- sion. 1913C-1398. Criminal statute, effect of repeal after judgment. 1-220; 16-469. Impairment of obligation of contract be- tween state and municipality, repeal or modification of statute affecting municipal corporation as constituting. 4-794. Licenses, repeal of statute imposing li- cense fee or tax as affecting tax duo but not paid. 1913E-471. Local option, change in law as affecting locality which has adopted local op- tion law. 21-663. Repeal of statute as affecting provisions incorporated in other statutes. 17- 437. Revival of repealed statute, effect of re- peal or amendment of repealing stat- ute. 191SB-281. Saving clause of repealing act, effect on prosecutions for prior offenses. 6 891. 7. Conflict Between State and Federal Acts. Federal Employers' Liability Act as super- seding state law on same subject. 1915B-493; 1916B-484. Hours of labor, state regulation as in conflict with federal statute on same subject. 19-816. Interstate commerce, Carmack Amend- ment regulating relations between carrier and shipper on interstate ship- ments as annulling state statute. 1915B-82. stopping trains at stations, state statute requiring as conflicting with federal act. 1917A-982. Point of time at which federal statute operates to supersede state statute. 17-1016. State statute inoperative because of con- flict with federal law, necessity for re-enactment after change in federal law. 19-606. STATUTES Continued. court with respect to offenses com- mitted before its enactment as viola- tive of constitutional inhibition. 1912C-1121. jury, change of existing law respecting peremptory challenges as ex post facto. 1912B-811. punishment of crime, law changing as ex post facto. 3-77; 1915C-1053. Grand jury not selected in accordance with statute as legalized by curative statute. 10-967. Homesteads, mortgage or conveyance by husband alone as capable of valida- tion by curative act. 9-15. Invalid incumbrance of mortgage or trust deed as subject to validation by cur- Dative statute. 15-1122. Legislative power to enact curative stat- ute as affected by commencement of action in reference to matter sought to be cured. 11-694. Tax assessment rolls, irregularities as sub- ject to validation by curative act. 11-1120. STATUTES OF NONCLABT. See Executors and Administrators; Limita- tion, of Actions. STAY OF PROCEEDINGS. Executions, effect of supersedeas upon execution after its issuance. 1914C- 1223. Next friend not proper party to prose- cute suit, power of court to stay pro- ceedings. 1914A-945. Writ of error from United States supreme court as staying proceedings in state court. 1912A-259. STEALING. See Larceny. 8. Curative and Ex Post Facto Statutes. Ex post facto laws, changing number of judges sitting in trial or appellate STEALING RIDE. Infant stealing ride on vehicle, liability for injury to infant. 1917D-379. STEAM STIPULATIONS. 809 STEAM. Boiler explosions, meaning of "domestic purposes" in act. 1912B-621. res ipsa loquitur doctrine as applicable. 1912A-980; 1915D-862. Contract to furnish steam, construction. 1915D-S48. Duties and liabilities attendant on gen- eration, use or furnishing of steam for heat or power. 1915D-846, 862. Escape of steam frightening horse on ad- jacent highway, liability of owner of premises. 1912C-464. Public regulation of steam. 1915D-846. STEPS. Building restrictions affecting location of steps. 1914A-15. Ice and snow, liability of carrier of pas- sengers for failure to remove from steps. 17-51; 1915A-767. Passenger riding on step, liability of carrier for injuries. 1-316. Suitable steps for boarding or alighting from cars, duty of carrier to furnish. 9-965. STERILIZATION. Constitutionality of asexualization stat- ute. 1914B-515. STEAMSHIP COMPANIES. See Carriers; Ships and Shipping. to operate Power of railroad steamboat line. company 4-910. STENOGRAPHERS. Fees, personal liability of attorney for stenographer's fees. 1917D-525. Grand jury room, presence of ste- nographer as affecting indictment. 1915B-232. Libel or slander, publication by communi- cation to stenographer. 1-101; 7-196; 1917E-987. School for teaching stenography, what is. 1912B-1355. STEPCHILDREN. Stepchild as "dependent" within Work- men's Compensation Act. 1918B-756. STEP-PARENTS. "Father" as including stepfather. 191 7B- 1118. including stepmother. "Mother" as 1914B-62. "Parent" as including stepmother, or step- father. 1915A-869. Keimbursement for support of child, right of step-parent to recover. 1916A- 1180. STICK. Stick as deadly weapon. 1912A-1330. STILL DUE. Legal meaning of term. 1918E-791. STILL-HOUSE. "Out-building" or "outhouse" as including still-house. 1912D-1193. STIPULATIONS. See Building Contracts; Carriers of Goods; Carriers of Livestock; Car- riers of Passengers; Telegraphs and Telephones. Enactment of statute as matter for stipu- lation by parties to action. 20451. Jurisdiction of appellate court to pass on question not raised below v as onfer- rable by stipulation. 1912A-1037. Oral, validity and enforceability. 1913B- 153. Believing parties from stipulation, power and discretion of court. 1912C-769. Removal of causes, extension of time for filing application by stipulation of parties. 14-269. Venue of action in particular county fixed by agreement of parties, validity and enforceability. 1912C-815. Waiving, right to appeal, validity and enforceability of stipulation. 19-1056. 810 INDEX TO THE NOTES, 1 ANN, CAS. TO ANN. CAS. 1918E. STOCK AND STOCKHOLDERS. See Corporations. STOCK BROKERS. Lien of broker on stock procured by Mm for customer. 21-743. Ownership as between broker and cus- tomer of stock carried on margin. 14- 986. Pledge of stock carried on margin, right of broker to pledge. 1912B-563; 1915B-918, 943. Eights and duties inter se of stock brokers and customers. 1915B-907, 928, 937, 940, 943. STOCK EXCHANGES. Insolvent or defaulting member, validity of rule with respect to seat. 1916E- 879. Market quotations, right of property in. 8-761. Membership or seat as assets in bank- ruptcy. 10-243. taxation, membership as taxable prop- erty. 19150-542. STOCK FOODS. 'Food" as including stock food. 1293. STOCK GAMBLING. See Gaming. 1913E- STOCKYARDS. Public regulation, stockyards as business subject to. 10-1022. STOLEN PROPERTY. See Larceny; Receiving Stolen Goods. Burglary, possession of stolen property as evidence of crime. 19-1281. Compensation for stolen property, valid- ity of contract to procure. 7-1010; 1914A-519. Negotiable instrument, title and right of bona fide holder of stolen instrument. 13-1172; 1916A-603. Possession as evidence of probable cause in action for malicious prosecution. 1913A-745. Eeeovery in civil action against thief. 19-647. Stock certificate purchased from thief, right of owner to recover from inno- cent purchaser. 1913C-1117. Title to stolen personalty as acquired by lapse of time. 19-751. STONE. Abutting owner's rights as to stone in highways. 2-596; 11-445. Dumping stone on land as making it part thereof. 1914C-1154. Stone as deadly weapon. 1912A-1333. Trademark or trade name as infringed by use of similar name. 1915E-334. STOCK OF GOODS. See Bulk Sales Acts. Chattel mortgages, mortgage of stock of mercantile goods as covering addi- tions thereto. 1916D-1215, 122S; 1918E-743. sufficiency of description of stock of merchandise. 1915D-783. STOCK SPECULATION. Use of mails for procuring money for as scheme to defraud within postal laws. 1914D-1245. STONE THROWING. Injury resulting from accident arising out of and in course of employment within Workmen's Compensation Act. 1913C-10, 12. STOP, LOOK AND LISTEN. Automobile at railroad crossing, duty of driver. 1913B-682; 1915B-678. Belief that no train is approaching as relieving traveler of imputation of negligence per se in failing to look end listen. 9-216; 1914D-1020. STOPPAGE IN TRANSITU STOREROOM. 811 STOP, LOOK AND LISTEN Continued. Crossing intermediate track between train and station, application of doe- trine to passenger. 14-25. Driver of fire apparatus as within rule of duty to stop, look and listen before crossing railroad track. 7-352. ( Electric bell at railroad crossing as ex- cusing traveler from duty to stop, look and listen. 1918D-388. Failure of railroad to give statutory sig- nals, exoneration from duty to stop, look and listen. 6-79. Flagman stationed at railroad crossing as affecting duty to stop, look and lis- ten. 10-418; 13-854. Frightened or unmanageable team as ex- cuse for not looking or listening. 16- 954. Gates at railroad crossing as excusing traveler from looking and listening. 7-801; 1914C-704. Knowledge of traveler that no train is due as relieving of duty to look and listen at railroad crossing. 1914D- 1075. Passenger alighting from street-car and passing to rear across parallel track as governed by stop, look and listen rule. 6-705; 1916E-998. Pedestrian crossing street railway tracks, duty before crossing. 3-334; 1915B- 690. Railroad employee's duty to look and lis- ten when crossing tracks. 11-211. Traveler's duty after looking both ways on approaching railroad track to look again just before crossing. 1914A- 536. Unreasonable testimony as to looking or listening for approaching train, with- drawal from jury. 15-1192; 1917B- 477. Weight of testimony by injured person, failure to see or hear approaching train at crossing, when evidence shows he must have seen or heard if looking or listening. 1912B-1133. STOPPAGE IN TRANSITU. Goods demanded by stranger to contract, liability of carrier for failure to stop in transitu. 13-360. Right of stoppage under Uniform Sales Act. 1918D-411. STOPPING PAYMENT. See Checks. STOPPING WORK. Effect on relation of employee as such of his stopping work temporarily for his own purposes. 191SA-1194. Injury while eating or visiting toilet, as accident arising out of and in course of employment within Workmen's Compensation Act. 1914B-502, 503. STORAGE. Automobile, lien for storage. 1916A-630. Cold storage of food. 1916A-534; 1918C- 895. Explosives, storage as nuisance. 1916C 820. Fire insurance, what constitutes "stor- ing" prohibited articles within policy. 13-540; 19-414; 1914B-133; 1918D- 294. Lien for private storage of goods in ab- sence of agreement or statute author- izing it. 1913D-1300. Unclaimed or refused goods, right of car- rier by water to store for owner. 6- 21. Water, storage for irrigation purposes. 1916A-423. Workmen's Compensation Act, storage as hazardous employment within pur- view of act. 1917D-28. STOREHOUSE. Burglary, sufficiency of indictment with regard to description. 1913D-872. "Out-building" or "outhouse" as including storehouse. 1912D-1193. STORE ORDERS. Constitutionality of acts. 1-417; 14-620. STOREROOM. Restriction against erection of building less than certain distance from front line of premises as applicable. 1914A- 12. 812 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STORES. Burglary, sufficiency of description of store in indictment. 1913D-872. Crowd in store, liability of proprietor of department store for injuries caused. 1S-42. Duty of proprietor to one who temporar- ily follows purpose of his own. 17- 592. Fire insurance, unoccupied or occupied store within policy conditions. 1912D- 90. Front for store erected by tenant as fix- ture. 1914A-260. Injuries received in turnstile, revolving door or swinging door, liability of proprietor. 1916D-1235. Legal meaning of term "store." 1913E- 1125. Openings, liability of proprietor to cus- tomer for injuries sustained by fall- ing into. 1913C-568; 1918E-319. Eesidential district, validity of ordinance regulating location or construction of retail store. 1915A-294. Safe condition of stairway, liability of proprietor to customer for failure to maintain. 1912D-141. Slippery condition of floor, liability of owner to customer for injuries caused. 1914A-133. STORMS. Animal insurance policy as covering loss caused by storm. 1915A-616. Character of storm contemplated by cy- clone or tornado insurance policy. 1913A-272. STOVES. Realty or personalty, nature of stoves and heating apparatus. 2-375. Trademark or trade name as infringed by similar name. 1915B-345. STRAIN. Workmen's compensation, disease arising from strain as accident. 1918B-330. STRANGERS. See Third Persons. Admission in pleading as admissible in evidence against pleader in subse- quent action with stranger. 18-79; 1915C--735; 1918E-549. Agency, conversion by stranger, right of agent in possession to maintain trover. 18-572. sale by agent to himself as subject to attack by stranger. 1912A-1176. Alteration of negotiable instrument by stranger, effect. 18-223. Appeals, right of citizens or taxpayers from judgment in proceeding to which they are not parties. 1918A- 365. Attorneys' services beneficial to person not employing him, right to recover compensation. 12-776; 1917A-423. Bailment, unauthorized use by stranger of property bailed or hired as conver- sion. 12-693. Bastard child, right of stranger to cus- tody. 17-478. Bill of review as filable by stranger to decree. 1914C-126. Burglary, possession of stolen property by stranger as evidence against ac- cused. 19-1287. Carriers of goods, demand by stranger for stoppage of goods in transit, lia- bility of carrier for failure. 13-360. Carrier of passengers, assault on passen- ger by stranger, liability of carrier. 3-254; 8-590; 18-773. Cloud on title as created by execution of instrument by stranger. 1912C 834. Costs as taxable against stranger to record who is real party in interest. 1912D-1112. Deeds, recital in deed as binding on stranger to instrument. 1915A-96; 1918E-912. reservation or exception in favor of stranger to conveyance, validity. 1914B-1290. Distraint of property of stranger on leased premises for rent of the ten- ant, remedy of stranger. 16-1160. Ejectment by tenant in common against stranger to recover entire premises. 5-824; 1915D-1043. STRAPS STREET RAILWAYS. 813 STRANGERS Continued. Expectancy in estate, validity of transfer by heir or beneficiary to stranger. 1916E-1241, 1259, 1263, 1267. Homicide, contributory negligence of stranger as defense to prosecution for homicide. 1912C-503. Injunction, violation by stranger as crim- inal contempt. 3-28; 20-118. Judgments, correction at suit of stranger. 19-1103. failure of person other than party or attorney to attend to case as giving right to have default judgment opened. 1913E-752. Legal meaning of "stranger." 1912D- 1189. Master's liability to person volunteering to assist servant. 1913C-796. Mortgages, right of volunteer to have assignment of mortgage on paying indebtedness. 1914B-572. Negligence, attempt of stranger to remedy situation caused by negli- gence of another as intervening cause relieving latter from liability for resulting injury. 14-395, Parol evidence rule as applicable in case of strangers to contract. 8-347. Physician's services requested for stran- ger as implying agreement to pay for services. 1914C-589. Ratification of stranger's acts by silence. 1912B-151. Record of instrument executed by stran- ger to title as constructive notice. 18-14; 1917E-487. . Sealed instrument, right of person not party to enforce. 1913B-313. Street railways, liability for injury to passenger resulting from missile thrown at motorman by stranger. 8-590. Tax paid by stranger, right to subroga- tion. 1912B-753. Tender by stranger, sufficiency. 12-82. STRAPS. Carrier's duty to provide straps or hand- holds for standing passengers. 1913C-170. STRAW. Removal from premises, right of tenant. 16-528. Seller of straw as dealer. 1917A-953. STREAMS. See Waters and Watercourses. STREET ACCIDENTS. Workmen's compensation, injury incurred as accident in course of employment within act. 1917E-332; 1918E-813. STREET-CARS. Term "car" as including street-car. 1914D-47. STREET CLEANERS. Employees instead of municipal officers. 1914D-1237. STREET NUMBER. Building burglarized, necessity of alleg- ing street number in indictment. 1913D-876. STREET RAILWAYS. 1. In General. 2. Municipal or Statutory Regulation. 3. Injuries in Operation. A. GENERALLY. B. INJURIES TO PASSENGERS. C. INJURIES TO EMPLOYEES. D. CONTRIBUTORY NEGLIGENCE. E. EVIDENCE. 1. In General. Abutting owner's right to enjoin street railway from laying tracks in street without paying or securing compen- sation. 13-23; 1913E-874. Additional servitude on highway, street railway as. 2-535; 4-450; 21-1377; 1913C-408. double track replacing single track as additional servitude entitling abut- ting owner to compensation. 1915C- 870. 814 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STREET RAILWAYS Continued. Baggage, street railway as carrier of pas- senger's effects. 9-201. "Car," term as including street-cars. 1914D-47. Crossing of tracks of street railway by railroad or other street railway, right to compensation. 14-216. Distinction between street railways and "commercial" railroads. 4449; 1913C-579. Elevated and subway lines, street rail- way as including railway built below or above street. 19-260. Eminent domain, conflicting condemnors as between street railways, priority of right to land. 9-690. Fares, constitutionality of statutes dele- gating power to cities to regulate. 1-433. tender of reasonable sum, what is. 10- 642. Fellow-servants, abrogation of doctrine as to railroad employees as applicable to street railways. 8-1087; 1912D- 650. conductor on street-car as fellow-ser- vant of other members of crew. 3- 920. Franchise, grant of street franchise as extending to new street or subse- quently annexed territory. 18-1118. Individual's right to operate street rail- way. 1914C-939. Law of road as to street-car and automo- bile traveling in same direction. 1913E-1121. Motive power for street railway, right to use electricity. 5-53. Name on electric car as evidence of ownership. 1915D-354. Obstruction of tracks, damages for ob- struction in moving building. 1-114. removal of obstruction, right of street railway company. 1-219. Passengers, when intending passenger be- comes such. 1-606; 9-1104; 19170- 1210. Purchase of street railway by munici- pality, special elements of value in determining compensation payable. 1915B-1179. STREET RAILWAYS Continued. Quasi-public corporation, street railway as. 18-1065. Repair of street, contract by street rail- way to keep street in repair as im- posing obligation to repave with dif- ferent form of pavement. 1914B- 129; 1915C-882. duty of street railway to keep in re- pair portions of streets occupied by its right of way in absence of con- tract or statutory direction. 7-381. Rules and regulations of street railway, reasonableness as question of law or fact. 3-715. Side-tracks, power of street railway to construct. 1916C-793. Taxation, situs of rolling stock for pur- pose. 10-355. "Track," meaning of term. 1918E-233. Transfers, incorrect transfer, rights and duties of passenger receiving. 1- 392; 6-943, 946; 10-277. rule with respect to transfers, validity. 1916D-586. statute or ordinance prohibiting sell- ing or giving away transfers, va- lidity. 11-557. Trees of abutting owner, liability for injury. 2-642; 12-251. removal of shade trees, right of com- pany. 1-786. Workmen's compensation, employees of street railway as within purview of act. 1918B-665. 2. Municipal or Statutory Regulation. Bridges, power of municipality to compel street railway to repair bridge within municipal limits. 1916C 1171. Fenders, validity of statute or ordinance requiring equipment of cars with. 1912B-846. New line of railway, right of munici- pality to compel company to con- struct. 1913D-142. Bails used by street railway, right of city to regulate kind. 1913D-699. "Require," legal meaning in statute re- lating to paving of streets by rail- way company. 1912A-1237. Routing of cars, regulation of street railway with respect to. 1912B-1024. STREET RAILWAYS. 815 STREET RAILWAYS Continued. Safety brakes, validity of ordinance re- quiring street-cars to be equipped with. 1913B-660. Stopping cars at certain points, power of municipality to require. 17-552; 1914D-1092. Use of streets, right of city to prohibit railroad occupying streets from using them for certain purposes. 1913D- 650. Vestibule, seat or other convenience or protection for motorman, validity of statute or ordinance requiring street railway to provide. 2-781; 1914D- 616. [Watering tracks, validity of statute or ordinance requiring. 1912B-1139; 1915D-967. 3. Injuries in Operation. A. GENERALLY. Animal (other than dog) running at large, liability of street railway for injuries to. 1913C-722. Approaching place where ear is or has been discharging passengers, care re- quired of motorman of another car. 1912B-863. Automobiles, application of last clear chance doctrine in case of collision with street-car. 1916E-515. rights and duties of driver as to person on street-car. 21-655; 1916E-673. Crossing track, attempt of pedestrian, duty of driver of street-car to antici- pate. 1915A-216. Electricity as motive power, degree of care required in use. 3-258; 21-749. communication of electricity from track (not third rail), liability for injury caused. 1915B-708. Fire apparatus, care required of driver of street-car to avoid collision. 1918A- 290. hose carriage, liability for injury to fireman resulting from collision with street-car. 8-984. Lessor's liability for negligent or illegal operation by lessee. 1915D-996. Manner of construction of track as cause of injury to person, team, vehicle, etc., liability of street railway. 1913D-532. STREET RAILWAYS Continued. Motorcycle, right of action of driver for collision with trolley car. 1917A- 224. Newsboys boarding cars for sale of papers, liability for injuries. 7-528. Notice of approach of car by sounding gong or bell, duty to give. 20-152. Number of employees, operation of car with insufficient number as negli- gence. 1917C-74. Operation of cars in violation of ordi- nance as negligence per se. 9-840; 1913E-1100. Person working in street, liability of street railway for injury to. 1915B- 504. Bounding curves, injuries caused by strik- ing pedestrian, liability of street railway company. 1916E-679. Signal lights on cars, duty and liability in reference to placing. 10605. Vehicles moving along tracks, duty and liability of street railway. 7-1127; 18-510. Wrongfully on car, liability of company to person riding by direction or per- mission of employee. 9-542 j 1917C 361. B. INJURIES TO PASSENGERS. Assault on passenger by fellow-passenger or stranger, liability of carrier for injuries. 3-254; 8-590; 18-773. Boarding or alighting from car prema- turely started by unauthorized per- son, liability for injury to passenger. 21-1331. Collision at railroad crossing, liability of street railway for injury to passen- ger. 1913E-179; 1918C-47. Destination of passenger, liability for failure to carry passenger to destina- tion indicated by sign on car. 3- 1080. Diseased passengers, liability for ejec- tion. 8-222. Free passengers, liability for injuries to. 6-669. Going from one car to another of mov- ing train, liability for injury to passenger. 16-450; 1916A-144. Intending passengers, right to damages for failure of electric or street-car 816 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STREET RAILWAYS Continued. to stop for him at regular station. 1912B-997. Intoxicated person, right to refuse re- ceiving as passenger. 8-226. Missile thrown at niotorman by stranger, liability of company for injury to passenger. 8-590. Mob violence, liability of street railway for injury to passenger. 3-1084. Panic on street-car, right of passenger to damages for injuries caused. 1913D-907. Riding on platform or steps, liability of street railway for injuries to pas- senger. 1-316; 10-816; 1917C-71. validity and enforcement of rule pro- hibiting passengers riding on plat- form. 1918C-534. Safe place for boarding and alighting from cars, duty to provide. 1-916; 9-854; 1915A-1213. Sick passenger, duty and liability of car- rier towards. 21-1081. Starting car before passenger is seated, liability of street railway. 1912D- 582. C. INJURIES TO EMPLOYEES. Blocking or securing cars standing idle, liability for injuries caused to ser- vant by failure to block. 1914A- 572. Disobedience of rules or regulations as affecting servant's right of recovery for personal injuries. 8-9. Structures or other objects near track, liability of company employee in- jured on running board of car by coming in contact. 1913E-1072. D. CONTRIBUTORY NEGLIGENCE. Alighting from moving car where act obviously dangerous as contributory negligence. 1-779. Arm or head permitted to protrude from car as contributory negligence. 1- 711; 8-1041; 1916C-1219. Boarding moving car as negligence. 2- 940. Contributory negligence as defeating re- covery where defective appliances STREET RAILWAYS Continued. prevent avoidance of injury by street railway. 1916D-501; 1917E-768. Crossing tracks, difference in degree of care required of person in city and country districts. 10-336. Imputed contributory negligence, ap- plicability of rule. 5-163. Obstruction to view of approaching street-car by telegraph, telephone, trolley or electric light poles. 20- 295. Parallel tracks, passenger alighting from street-car and passing to rear of it across parallel tracks without looking for approaching car as contributory negligence. 6-705; 12-912; 1916E- 998. Pedestrian crossing tracks, duty to stop, look and listen. 3-334; 1915B-690. Running-board, riding or standing on step or running-board as contributory negligence of passenger. 4-666; 9- 1025; 1914A-1172; 1917C-71; 1918C- 445. Standing in moving car as contributory negligence. 13-124. Stopping or leaving vehicle on track as negligence precluding recovery for resulting injuries. 1917C-1233. Visibility of street-cars as affected by state of weather. 16-361; 1915B- 414. Walking on track as contributory negli- gence. 10-947. E. EVIDENCE. Presumption of negligence from collision resulting in injurv to passenger. 4-11; 1917C-636. Signals, weight of positive and negative testimony. 12-1033; 18-633; 1916A- 163. Speed of car, competency of nonexpert witness to testify as to. 1913A-187. inference as to speed from distance run after accident and efforts to stop. 15-949. ^unreasonable testimony as to speed, withdrawal from consideration of jury. 15-1194; 1917B-479. Unreasonable testimony as to looking and listening for approaching car, withdrawal from consideration of jury. 15-1192; 1917B-479. STREETS AND HIGHWAYS. STREETS AND HIGH- WAYS. 1. In General. 2. Establishment, Alteration and Vaca- tion. 3. Improvement and Repair. 4. Lighting, Sprinkling and Cleaning. 5. Regulations. 6. Use of Streets. A. GENERALLY. B. OBSTRUCTIONS. C. ADDITIONAL SERVITUDES. 7. Injuries from Defects. A. GENERALLY. B. NOTICE OF DEFECT. C. CONTRIBUTORY NEGLIGENCE. D. PERSONS LIABLE. E. ACTIONS. 8. Injuries from Use. 9. Law of Road. See Bridges; Dedication. 1. In General. Access to public grounds, vested right of abutting owner. 1915C-177. Animals unlawfully on street, liability of owner for injuries committed. 14-624. Bridges not erected by highway authori- ties, duty to maintain. 1914A-550. Door or gate opening outwards in street, liability for injuries caused. 1916E- 458. Franchise granted to use street as ex- tending to new street or subse- quently annexed territory. 18-1118. Gift for highway improvement as valid charitable gift. 1914A-1218. Jurisdiction of city street as between city and a county including the city. 1914A-1051. "Public highway," meaning as used in accident insurance policy. 1912C- 607. Railroad as entitled to damages where street is laid out across its right of way. 15-14. Road commissioner as municipal officer. 1914D-1236. Index to Notes 52 STREETS AND HIGHWAYS Continued. Special assessment of public street, lia- bility in absence of express statutory provision. 16-889. Toll road purchased by municipality, compensation payable. 1915B 1179. Trees of abutting owner, liability of telegraph, telephone, electric light or trolley company for injury to. 2- 642; 12-251. United States, power to condemn land for highway purposes. 1918E-46. 2. Establishment, Alteration and Vaca- tion. Alley as street or highway. 15-968. Certiorari to review highway proceedings, who may bring. 18-667. Dedication of highway, implied accept- ance by public user of land dedi- cated. 3-792. presumption of dedication from user of highway. 1914D-335. Earth and minerals in highway, rights of abutting owner. 2-596; 11445. Eminent domain, interest in land ac- quired by condemnation as easement or fee. 20-570; 1918A-808. public use, taking property for high- way purpose as constituting. 14- 906; 1912D-1006. United States, power to condemn land for highway. 1918E-46. Injunction to restrain public authorities from injuring trees and timber in laying out and constructing highway, right of property owner. 11-460. Judicial inquiry into motives of ordi- nance vacating or establishing street. 1912A-717. Location of highway, judicial notice of location. 12-936. meaning of word "near" with respect to location. 1913D-120. navigable waters, right to locate high- way over or into. 14-288. Opening street, estoppel of city to open. 1915B-406. meaning of "open" or "opening" as ap- plied to street or highway. 1913D- 1048. Public works, street as constituting. 11- 594. 818 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STEEETS AND HIGHWAYS Continued. Keservation and exception of street in deed, distinction between. 18-801. Reversion of land taken under power of eminent domain when public use ceases. 19-158. "Eoad," term as including "street." 1914A-775. "Sidewalk," meaning of term. 20-1046. Trusts, power of municipality to take property for street purpose as trus- tee. 17-749. Turnpikes or toll roads as "highways" or "public highways." 17-804. User through mistake of other than au- thorized location as creating high- way. 3-142. Vacation of street, persons entitled to compensation. 15-687; 1913D-790; 1916C-238. power to vacate street. 287. Width of highways acquired by adverse user. 2-973. 3. Improvement and Repair. Generally. Drainage of surface water from highways upon adjacent land, right of munici- pality. 6-990; 1912B-915. Extent which municipality is under duty to keep and repair. 13-282; 1915B- 279. Improvement made by city before dedica- tion or condemnation, validity. 1914B-208. Inclusion of several streets in one im- provement, validity. 1916D-455. Injury to adjoining property caused by wrongful act ' of municipal officer or employee in repairing highway, lia- bility." 21-1346. lateral and subjacent support, measure of damages for injury. 5-219; 5-760; 10-77. "Mandamus to compel municipality to re- pair street. 20-84S 1 . Mechanics' liens for sidewalk construction. 4-1015. Municipal liability for negligent or unlaw- ful acts in grading street. 1915C 1292. STREETS AND HIGHWAYS Continued. Negligence of officer of town repairing public highway, liability of town for injuries to employee. 1914A-558. Poll tax, requiring citizen to work on highway as imposing. 1912A-739. B-ailroad crossing, extent which railroad is under duty to maintain in safe condition. 1918D-186. Sidewalks, necessity of notice to lot owner before construction by municipality. 3-676. Street railways, contract by street rail- way to keep street in repair as im- posing obligation to repave with dif- ferent form of pavement. 1914B-129. duty to keep in repair portions occu- pied by right of way, in absence of contract or statutory direction. 7- 381. legal meaning of "require" in statute relating to paving by street railway company. 1912A-1237. Change of Grade. Change of street to established grade, right of abutting owner to damages where he improves property after grade is established. 1916D-1143. Improvements made by abutting owner in reliance on established grade, right to damages for change of grade. 1916E- 371. Joinder in petition for change as waiver of, or estoppel to claim, compensation for resulting damage. 20-876. Municipal liability for change of grade in absence of statute allowing compen- sation, but under constitutional pro- vision against "damaging" property. 10-849. Switch connections with railroad, right to damages for deprivation on change of street grade. 1914C-273. Independent Contractors. Acts or negligence of independent con- tractor in repairing or improving street or highway, liability of munici- pal corporation for. 16-433; 1914A- 71. Injuries to runaway horse, liability of in- dependent contractor repairing street for municipality. 1914C-254. STREETS AND HIGHWAYS. 819 STREETS AND HIGHWAYS Continued. STREETS AND HIGHWAYS Continued. Person employed in connection with work upon street or highway as independent contractor. 19-25; 1918C-658, 663. Special Assessment. Intersections of streets, assessment for cost of improving. 21-635. Life tenant and remainderman, liability to pay special assessment for street improvement as between them. 1914B-818. Railroad right of way as assessable for street improvement. 2-587; 12-635. Rural highway, validity of statute assess- ing cost of construction or repair on land benefited. 1913D-550. 4. Lighting, Sprinkling and Cleaning. Cleaning streets, municipal liability for tort committed. 1916C-242. Lighting streets, liability of municipality for failure. 4-1001; 1916B-198. method as resting in municipal discre- tion. 1912D-432. Municipal officer, street cleaning employee as. 1914D-1237. Plant for lighting streets, power of mu- nicipality to erect or purchase. 1916B-525. Sprinkling streets, power of municipality in respect to. 6-982; 12-611. Street crossings, power of municipality to require railroad to maintain lights. 1912D-403. 5. Regulations. Assemblage of persons idly on street, validity and construction of ordinance forbidding. 1912B-1185. Automobiles, municipal regulation as to use of streets. 1916E-1050. prohibition of use within certain terri- torial limits, validity of statute or ordinance. 15-1169; 20-516. Business vehicles using streets, validity of ordinance prohibiting. 1916E-969. Grade crossings, validity of statute em- powering municipality to abolish. 1915A-76. Hacks, taxicabs or the like, municipal reg- ulation other than taxation. 1914D- 735. Jitney buses, state or municipal regula- tion. 1916A-1233; 1917C-1051; 1918C- 946. Municipal control as affected by statute conferring on public service commis- sion power to fix rates for public util- ity. 1917C-62. Railroad occupying streets, right of city to prohibit use for certain purposes. 1913D-650. Right of way in streets, validity of stat- ute giving particular vehicles special privilege. 1915A-93. Snow, requiring owner or occupant of property to remove from sidewalk, validity of ordinance. 4-238; 13-705. Speed of vehicles, constitutionality of statutes and ordinances regulating. 3-495; 11-728; 1916E-1067. fire apparatus, speed or other highway restriction as applicable. 1917D-565. Statutes relating to use of motor vehicles, effect of partial invalidity. 1916D- 58. Street railways, stopping cars at certain points, power of municipality to re- quire. 1914D-1092. Taxation of vehicles using streets for car- riage of persons or property for hire, power of municipality to tax. 5-908; 14-545. Telegraph companies, use of highways, state regulation. 1533. Tires on vehicles, validity of statute or ordinance regulating width. 21-1222. Water-pipes in highways, municipal regu- lation of. 10-1100. Width of private streets in municipality, validity of ordinance fixing. 1912A- 615. 6. Use of Streets. A. GENEKAII/T. Abutting owner's rights in street, validity and effect of contract transferring rights. 1912A-1179. Areaways and the like, right of abutting owner to use sidewalk. 2-366; 20- 543; 1917A-558. 820 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STREETS AND HIGHWAYS Continued. STREETS AND HIGHWAYS Continued. Bicyclist riding on sidewalk, right to. 13-1014. Bridge over street, right of abutting owner to erect. 17-246. Grass, trees, etc., right of municipality to use or permit use of sidewalks for planting. 1912D-1236. Improper use of street, liability of mu- nicipality for failure to prevent. 1- 960; 18-87; 1914C-219. Markets or market stalls or stands in public street, power of municipality to establish or license. 1914D-352. Moving buildings, use of streets for. 1 114; 11-639; 1917C-77. Poles and wires in street, revocation or expiration' of right of electric com- pany to maintain. 1917E-525, 539, 557. Public building in street, right or power of municipality to erect. 12-24; 21- 1072. Snow or ice, right of abutting owner to deposit in street. 1913D-187. Traction engine, use of highway. 15- 1074; 1917E-798. Tunnel under street, power of municipality to permit private citizen to construct. 1916B-750. B. OBSTRUCTIONS. Access to property prevented or interfered with by obstruction in street, right of private individual to abate. 11 287. Barriers, right of city temporarily to ob- struct by erecting barrier. 1914A- 1197. Crowd attracted by exhibition or enter- tainment, obstruction of street by assemblage as nuisance. 1916B-971. Fruit-stand or similar structure in street as nuisance. 1916D-773. Nuisance in city street, right of state to enjoin or abate. 16-486. Prescriptive right to maintain public nui- sance in street. 17-791. Railroad in streets, estoppel of municipal- ity to compel removal by acquiescence in construction of road. 11-295. Removal of obstruction in public highway, right of traveler. 1914D-446. Shade trees, removal from streets, power of municipality. 1-7S5; 16-642; 1913C-1013. Transfer of goods to or from building, right of abutting owner to obstruct street. 16-145. Liability for Obstruction. Corporation obstructing street, criminal liability. 1916C-463. Damages for nuisance consisting of ob- struction of highway, right of private citizen to recover. 1914C-1128. limitation of action for damages, run- ning of statute. 10-186. Indictment or information for obstructing highway, sufficiency of description of highway. 13-909. "Knowingly" obstructing 1912A-435. public road. Obstruction under statutory or municipal authority, liability of person as for negligence. 1917A-1003. Railroad obstructing highway crossing, act of third person as defense to charge. 16-589. Stationary obstructions, municipal liabil- ity as to. 1-968; 10-679; 1913C-532. Violation of ordinance in obstruction of street as negligence on part of abut- ting owner. 1912A-795. C. ADDITIONAL SERVITUDES. Impairment of right of public service cor- poration to use streets by constitu- tional amendment. 1914C-1287. Pipe-line as additional servitude on rural highway. 9-1033. Public lavatory constructed in street as nuisance or entitling abutting owner to compensation. 1918D-906. Railroad laying tracks in street without paying or securing compensation, right of abutting owner to enjoin. 1323; Sewer constructed in street or alley, right of abutting owner to compensation. 18-955. STREETS AND HIGHWAYS. 821 STREETS AND HIGHWAYS Continued. Street railway as additional servitude on highway/ 2-535; 4-^150; 21-377; 1913C-408; 1915C-870. Subway, construction as imposing an addi- tional servitude. 18-375; 1917A-124. Telegraph or telephone line as additional servitude on city streets. 2-155; 8- 956; 10-467. on rural highways. 2-163; 11-464. 7. Injuries from Defects. A. GENERALLY. Annexed or newly acquired territory, lia- bility of municipality for defects in highways. 17-197. Banana peel or the like on sidewalk, lia- bility of municipality for injuries caused. 1918E-17S. Bicyclists, right to safe road. 1-550; 16- 426. Coal-hole in sidewalk, legal liability for injuries sustained by pedestrian. 19- 466; 1917D-494. Defects outside traveled or wrought part of street, liability of municipality for injuries caused. 2-671. Depression or difference in grade in side- walk, liability of municipality for injuries arising from. 20-798. Exemption from liability, validity of stat- ute relieving municipality from lia- bility for negligence. 18-289; 1913D- 1309. Fireman injured by defects or obstructions, liability of municipality. 18-509. Frightening horse by obstruction in street, municipal liability. 1913C-534. Icy street crossing, liability of munici- pality for injuries caused. 1913C- 1068. Passing from abutting lot to street, right of recovery for injury incurred be- cause of defective sidewalk. 2-671. Playing in street, injury caused by de- fective highway, liability of munici- pality. 4-250;" 19-973. Pole or wire of public service corporation, liability of municipality for injury resulting from fall. 1913E-379. Proximate cause, injuries duo to defective highway and runaway horse as con- STREETS AND HIGHWAYS Continued. curring causes, liability of city or town. 2-180; 11-512. Eut in highway, liability of municipality for injuries due to. 10-538. Settled and outlying districts, comparative duty of municipality with respect to care. 1913C-1312. Slippery or smooth condition of sidewalk due to wear or nature of material, liability of municipalities for injuries resulting. 1913A-670. Street undergoing repairs, general rule as to liability of municipality for injury caused by defect therein. 5- 737. Tree growing on highway, liability of municipality for injuries caused by fall. 16-835; 1913A-787. Violation of statute or ordinance relating to repair of streets or sidewalks not intended for plaintiff's benefit as ac- tionable wrong. 9-431. B. NOTICE OP DEFECT. Municipal liability for defect as depend- ent on notice or knowledge where statute imposes liability for failure to repair. 1913A-691; 1918B-384. Notice to policeman of defect in street as notice to municipality. 1914B- 168. Sufficiency of statutory notice to munici- pality of accident occurring with re- spect to description of place in street or highway. 1S-994. \Vritten notice to municipality as condi- tion precedent to liability, validity of law requiring. 16-172. C. CONTRIBUTORY NEGLIGENCE. Attention of traveler diverted, right to recover for injuries sustained by de- fect or obstruction in highway. 16- 969; 1916B-1009. Closed to travel, injury to one using street, right to damages. 1912B-957. Contributory negligence as defense in ac- tion for injury caused by obstruction in street. 1913C-535. Crossing roadway at place other than reg- ular crossing as contributory negli- 822 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. STREETS AND HIGHWAYS Continued. gence barring recovery for injury sustained on account of. 12-1014. Forgetfulness of known danger as negli- gence on part of injured pedestrian. 1915B-764. Knowledge of defect, duty of traveler knowing to take different route. 6-32. Walking in roadway instead of on side- walk as contributory negligence bar- ring recovery for injury sustained on . account of. 12-1018. D. PERSONS LIABI^E. Exoneration between municipality and abutting owners as to damages paid on account of unsafe highway. 1- 945; 15-1047; 1918C-1144. Personal liability of public officer for in- juries caused by defective condition of highway. 1917D-939. Eight of injured person to recover from one who is bound by contract, statute or ordinance to keep street in repair. 1913C-217. Township, liability for defects in high- ways within its jurisdiction. 9-1156; 11-943. B. ACTIONS. Evidence, prior accidents at same place as admissible in action for injuries sustained by defective street or high- way. 16-636. Pleading, amending complaint, in action for injury caused by defects in street or sidewalk, by changing description of place of injury as introducing new cause of action. 1915B-220. - rule that complaint in negligence must allege negligence to have been proxi- mate cause as applicable to injury from excavation in street. 1913E 82. 8. Injuries from Use. Child run over in street, applicability of res ipsa loquitur doctrine. 1913C- 1056. Fire apparatus, care required to avoid collision with street-car or other ve- hicle in street. 1913E-231. Flying-switches by railroads at street cross- ing as negligence. 10-15; 1912IX-342; 1915B-608. STREETS AND HIGHWAYS Continued. Frightening horses, duty of automobile driver to stop or slow down. 6-658. Improper use expressly permitted by mu- nicipality, liability for injury due to. 9-828 1 ; 21-469; 1918C-364. failure to prevent improper use, liabil- ity of municipality. 1-960; 18-87; 1914C-219. Live wires injuring traveler, liability of one maintaining wires in highway. 4-709; 1913D-912. Negligent operation of vehicle in street, liability of city. 1914B-342. Person working in street, duty and lia- bility of driver of vehicle. 1912A- 848. Stopping or leaving vehicle in dangerous place in street as negligence preclud- ing recovery for resulting injuries. 1917C-1229, 1243. Street-car striking pedestrian in rounding curve, liability of company for in- juries caused. 1916E-679. Liability of Abutting Owner. Awning, sign, etc., suspended over street, personal injuries caused by fall, lia- bility of person maintaining. 10-718; 17-376. Barbed-wire fence along highway injuring animal, liability of owner of premises. 1913D-7S3. Building materials stored in street, duty of abutting owner to safeguard and remove. 2-503; 10-91S. Collapse of building injuring persons upon streets, liability of owner. 18-9. Frightening horse, liability of person using his own premises in such man- ner as incidentally to frighten horse on adjoining highway. 1912C-461. Obstruction of street in violation of or- dinance as negligence on part of abutting owner. 1912A-795. Scaffold, injury to pedestrian resulting from erection of scaffold for repair- ing or painting building, liability of owner of building. 1916C-123. Walls, fall of wall or portion thereof, in- jury to person in highway, applica- tion of doctrine of res ipsa loquitur. 1916E-1073. STREET-SPEAKING SUBCONTRACTORS. 823 STREETS AND HIGHWAYS Continued. STRIKES Continued. 9. Law of Road. Automobiles, pedestrian's rights and duties with respect to automobile in high- way. 4^400. rights and duties of persons driving automobiles in highways. 12-292; 13-463; 21-648; 1916E-661. street-car and automobile traveling in same direction, law of the road. 1913E-1121; 1918E-562. Crossings, law of the road. 1-164. Particular vehicles given right of way in streets, validity of statute. 1915A- 93. Pedestrians and vehicles, rights and duties in highways. 4-398; 1914A-249. Playing on highway, applicability of law of road with respect to one using highway for play. 1917C-454. Turning to right, how far vehicles must turn to right to comply with law of road. 5-148. Vehicles going in same direction, law of road as to. 1913A-833; 191SE-562. STREET-SPEAKING. Validity of ordinance requiring permission of municipal officials. 6-749. STRIKES. Advertising with respect to strikes or labor conditions, statutes regulating. 1916A-909. employer advertising for employees, va- lidity of statute requiring statement that strike exists. 1915B-661. Assaults on passengers by strikers, liabil- ity of carrier of passengers. 3-255. Attempted coercion of employer by threat to strike as unlawful act. 3-974; 1915C-425. Carrier of goods, existence of strike as excusing nonperformance of contract of carriage in absence of special stip- ulation therefor. 12-313. refusal to receive freight for shipment as excused by existence of strike. 17- 483. stipulation limiting liability for delay caused by strike or mob violence, validity. 1915C-1189. Injunction against strike by union em- ployees, right of nonunion employees to bring action. 1913D-369. injury to business or property by strik- ers, injunction as remedy. 4-783. Legal justification of employees for strike, what constitutes. 1912C-1302. Telegraph message delayed in transmis- sion owing to strike of employees, liability of company. 17-240. Workmen's compensation, injury to strike- breaker by strikers as accident in course of employment within act. 1913C-12. STRONG BEER. Judicial notice as to intoxicating nature. 1914C-875. STRUCTURAL CARPENTRY. Whether employment within purview of Workmen's Compensation Act. 1917D- 28. STRUCTURE. Meaning of term. 18-622. STUDENTS. See Schools. STUMPS. Liability of municipal corporation for ob- struction of streets by stumps. 1- 96S; 1913C-534. SUBAGENTS. See Agency. SUBCONTRACTORS. Assignments of proceeds of contract by subcontractor. 1918I>-609. Mechanics' liens, right of subcontractor to lien as affected by stipulation against lien in bnilding contract. 14-144. who is subcontractor within lien law. 1917C-801. 824 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918B. SUBJACENT SUPPORT. See Adjoining Land Owners; Mines and Minerals. SUBLEASES. See Landlord and Tenant; Mines and Minerals. SUBMERGED LAND. Acquisition of title to land under water by possession adverse to state. 1912A-702. Dredging through land under water held by private owners, right of govern- ment. 19^697; 1915A-234. Kiparian ownership doctrine with respect to river bed as extended to islands. 1913A-782. Sand, gravel, or the like, right to take from bed of navigable stream. 1916B-559. SUBMISSION OF CONTROVERSY. Additional evidence, power of court to receive where controversy is sub- mitted on agreed case. 1915D-256. Court's power of inference upon submis- sion of controversy or agreed case. 11-148. SUBORDINATES. Public officer, liability for acts of subor- dinate. 12-185. Religious institution, liability of head for torts of subordinates. 1915B-1234. SUBPOENAS. Criminal proceeding, issuance without en- titling in any pending prosecution, validity. 9-977. Restraining order, necessity of subpoena as prerequisite. 1917B-126. Subpoena duces tecum, sufficiency of description of documents. 15-643. SUBROGATION. 1. In General. 2. Insurers. 3. Persons Advancing Money. 4. Sureties. 1. In General. Agent, subrogation to rights of principal. 17-204. securities given to Creditor, right to surety. 6-395. Mortgages, junior mortgagee, right to sub- rogation upon payment of senior mortgage as affected by discharge of same from record. 5-902. purchaser at invalid foreclosure sale, subrogation to rights of mortgagee or other claimant. 1917I>-57(). Municipality, subrogation to rights of in- sured on compensating insured for destruction of building to prevent spread of conflagration. 1916B-788. Public officer, right of subrogation. 12- 3SO. "Stranger," meaning with respect to sub- rogation. 1912D-1190. Subcontractor, materialman or workman, rights of lien as affected by default of contractor where lien is by subro- gation. 17-116. Tax lien, right of person paying tax to subrogation. 17-SU34; 1912B-751. Tenant in common, right of subrogation against cotenant on paying mortgage debt. 10-282; 1912C-1264j 1917A- 832. 2. Insurers. Occident insurance company, subrogation to rights of insured against person causing injury. 16-635. Burglary insurance, subrogation of insurer to rights of insured under policy. 1913C-1180. Fire insurance company, right of subro- gation against water company in case of fire loss due to inadequate supply of water. 2-480. statute giving railroad benefit of insur- ance effected on adjoining property as affecting insurance company's right to subrogation. 1914A-1096. SUBSCRIBING WITNESSES SUBSCRIPTIONS. 825 SUBROGATION Continued. Mortgages, subrogation of insurer to rights of mortgagee. 1917B-1135. Plate-glass insurance, right of company to subrogation on paying loss. 1912A- 1093. Release by insured of person causing loss as affecting insurer's right to subro- gation. 1917A-1298, 1308. Eight of insurance company to enforce subrogation in its own name. l-SSo; 18-710; 1918A-834. 3. Persons Advancing Money. Creditor's rights against decedent's estate, right of one who advances money for payment of debt or incumbrance to be subrogated to creditor's rights. 11-676; 1915C-130. Laborer's lien, right of subrogation of person advancing money to pay wages. 10-211. Mortgages, assignment of mortgage, right of one paying indebtedness to have. 1914B-562. .Retiring partner paying debt of firm, right to subrogation. 1-726. 4. Sureties. Depositary of public funds, subrogation of surety to rights against depositary. 1916B-1266. Payment of whole debt as essential to right of surety to creditor's securities. 6-204; 1917C-1183. Surety who has paid debt, right to be sub- rogated to rights of creditor as af- fected by fact that surety became such for consideration. 1913A-565; 1918E-660. Third persons, subrogation of surety to remedies of creditor as including those against third persons. 13-429. SUBSCRIBING WIT- NESSES. Wills, conclusiveness of testimony of sub- scribing witness with respect to exe- cution of will. 1916D-1104. failure of witnesses to remember circum- stances as affecting admission of will to probate. 11-428; 191SE-1040. SUBSCRIPTIONS. Generally. Acceptance, necessity and sufficiency to make subscription enforceable. 17 1076. Collateral oral agreement as admissible to supplement terms. 1914A458. Condition of subscription, waiver of or estoppel to rely on. 1913B-434. "Escrow," term as applicable to subscrip- tion list. 1916B-1033. Mercantile agency, rights and liabili- ties between agency and subscriber. 1916D-750. Oral promise to donate money to charity, validity and enforceability as subscrip- tion. 1914D-138. Validity as dependent on designation or existence of payee. 1913B-241. Corporate Stock. Alteration in charter or change in corpo- rate design as releasing subscriber. 1918A-79. "Cash" payment, what may be received in payment for subscription to stock re- quired to be in cash. 1912B-480. Change of name of corporation as affect- ing liability for stock subscriptions. 19-1243. Estoppel of stockholder to deny corporate existence in action on his unpaid stock subscription. 1915A-411. Evidence, admissibility of parol evidence to show conditional nature of sub- scription. 19-883; 191S'C-853. Liability for subscription as dependent upon whole amount of stock being subscribed. 16-1253; 1918B-1137. Preferential right to subscribe of stock- holder on issue of new stock. 9-745; 1918B-132. Eelease of unpaid stock subscription, va- lidity as regards corporate creditors. 1912B-491. Rescission or repudiation on ground of fraud, right after insolvency of cor- poration. 16-178. Unpaid subscriptions, liability of bona fide transferee. 1914B-748. setoff by stockholder of debt due him from corporation, right on insolvency Of corporation. 1913E-1025. 826 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SUBSCRIPTIONS Continued. Waiver of right to avoid subscription. 16-1258; 1915B-790. When subscriber becomes stockholder. 1913C-418; 1917E-209. Withdrawal of subscription to stock, right of subscriber. 16-532; 1915C-1113; 1916A-699. SUBSEQUENT PUR- CHASERS. Effect of agreement as to character of articles annexed to land. 4-1073. Illegal combination of bidders at tax sale as affecting rights of subsequent pur- chaser. 1913D-963. SUBSTITUTES. Attorneys, liability of attorney to client for act of substitute. 1917B-1S. Prosecuting attorneys, validity of appoint- ment of substitute. 1918A-720. Servant's employment of substitute as af- fecting master's liability to substi- tute. 4-444; 14-3S9; 1913C-792. SUBSTITUTION. Contract substituted for prior contract as effecting rescission of latter. 1912A- 1258. Parties, right to amend pleading by sub- stituting new plaintiff suing for use of original plaintiff. 1913B-110. SUBTERRANEAN WATERS. Eight of land owner to sink well and in- tercept subterranean waters supply- ing neighbor's well or spring. 4-829; 10-846; 1917C-106. SUBWAYS. Construction of subway as imposition of additional servitude upon street. 2 535; 18-375; 1917A-124. Railways, operating with insufficient num- ber of employees as negligence. 1917C-75. SUBWAYS Continued. safe place for boarding and alighting from cars, duty to provide with re- spect to subway railways. 9-855. street railway as including railway built below street. 19-260. when intending passenger on subway train actually becomes such. 1917C 1211. SUCCESSION. See Descent and Distribution. SUCCESSION TAXES. See Inheritance Taxes. SUCTION. Liability of carrier to passenger at sta- tion injured by suction of passing train. 1916A-142; 191SA-872. SUDDEN PERIL. Negligence in attempting to cross track ahead of approaching train as excused by sudden peril. 21-1177. SUFFERING. Child's suffering in death caused by wrongful act as element of damages recoverable by parent. 1912-C-65; 1916B-535. SUFFOCATION BY SMOKE. Injury as accident arising out of, and in course of, employment within Workmen's Compensation Act. 1916B- 1303. SUFFRAGE. Qualification of voters, power of legisla- ture to define. 7-665. validity of statute giving women right to vote. 1915A-802. SUICIDE. Attempt to commit suicide, as indictable offense. 8-354. Beneficial associations, amendment of by- law relating to suicide, validity as SUIT MONEY SUNDAYS AND HOLIDAYS. 827 SUICIDE Continued. to existing members. 1-717; 1913C- 677; 1917B-815. waiver of forfeiture of benefit certifi- cate for suicide. 12-642; 1918D-312. Civil damage acts, sale of liquor as proxi- mate cause of suicide, authorizing re- covery under act. 8-1130. Counseling, advising, assisting or compel- ling another to commit, criminal lia- bility for. 4-1157; 16-522. Declarations or written statements by insured previous to death as evidence. 8-1114; 1918C-1050. Homicide, acts or declarations of deceased as admissible to establish defense of suicide. 1914D-1279. threats of deceased of intention to commit, as evidence in prosecution for homicide for his death. 1917C- 372. Insanity as evidenced by suicide. 1912A- 44; 1916B-4S8. Life insurance, effect of incontestable clause in policy on provision against suicide. 1-310; 1917D-1186, 1190. exception in policy of death from sui- cide, while "sane or insane," construc- tion of clause. 7-659. policy containing no provision as to sui- cide as affected by suicide of insured. 8-162; 11-779. Presumption, burden of proof, and weight and sufficiency of evidence of suicide relied on as defense to action on life insurance policy or benefit certifi- cate. 17-32; 1913C-1260. SUIT MONEY. . Allowance pending appeal in matrimonial action. 3-51; 15-229; 1915B-1249. SUITS. See Actions. SUM DUE. Legal meaning of term. 1918E-792. SUMMARY DESTRUC- TION. Fishing appliances, validity of statutes. 1-950. SUMMARY DESTRUCTION Continued. Game laws, validity of statutes author- izing destruction of property used in violation. 8-902. Intoxicating liquors, constitutionality of statutes providing for destruction of liquors illegally kept. 2-245." SUMMARY JUDGMENTS. Bond in nature of appeal bond, entry of summary judgment against surety. 1918C-1151. Injunction bond, entry of summary judg- ment against surety. 1918C-97. SUMMARY PROCEED- INGS. Contempt procedure in federal court. 1915D-1052. Estoppel of tenant to deny landlord's title as applicable in case of summary pro- ceedings by landlord for possession. 1917D-103. SUMMONS. See Process. SUNDAYS AND HOLI- DAYS. 1. In General. 2. Validity of Statutes. 3. Acts and Contracts Witnin Statute. - 4. Official or Judicial Acts. 5. Prosecution for Violation. 6. Recovery for Services or Injuries. 1. In General [Act required by statute, computation of time for performance when last day falls on Sunday. 7-325; 20-1318. under court rule, computation of time for performance where last day falls on Sunday. 1914B-1036. Affidavit taken on Sunday, validity. 1916B-22. Computation of time, exclusion or inclu- sion of Sunday or holiday. 1917E- 934, 949, 952. 828 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SUNDAYS AND HOLIDAYS Continued. SUNDAYS AND HOLIDAYS Continued. Judicial notice of Sundays and holidays. 21-352. Public officers, compensation of officer re- ceiving per diem pay as allowable for Sundays. 1912C-S07. Telephone or telegraph service on Sunday, duty to furnish. 1912C-587; 1915D- 380. 2. Validity of Statutes. Barbers, validity of ordinance closing shops on Sunday. 1915C-200. Constitutionality of Sunday laws gener- ally. 12-1096; 1913E-935. Exception in favor of persons observing seventh day of week, constitutional- ity of Sunday law which fails to make. 7-934. Railroad trains, public service order re- quiring running of Sunday train, va- lidity. 1917B-1205. statute prohibiting running of trains on Sunday as interference with inter- state commerce. 7-8; 13-147. S. Acts and Contracts Within Statute. Amusements or exhibitions within prohi- bition of Sunday laws. 16-406; 21- 6S1; 1914C-782. Barbers, statutory regulations with respect to Sunday. 15-261; 1913D-397. validity of prohibitory statute as to Sunday barbering. 6-980. Baseball on Sunday as nuisance. 18-1095. Contracts, estoppel as applicable to rights of parties under void Sunday con-. tract. 1916E-467. execution of contract on Sunday by one- party without knowledge of other, validity. 16-632. negotiation of contract on Sunday, but completed on secular day, validity. 2-0-36. ratification of void contract made on Sunday. 7-634; 1912A-293. Deed made on Sunday, validity. 1913B- 656. Food, sale and delivery on Sunday as constituting work of necessity within Sunday law. 16-278. Gift made on Sunday, validity. 1917A- 424. "Goods, wares, merchandise," etc., within purview of statute prohibiting sale on Sunday. 13-856. Intoxicating liquors, delivery on Sunday of liquor bought previously as viola- tion of Sunday liquor law. 1914A- 639. statutes permitting sale on Sunday in hotels to "guests," "travelers," "with meals," etc. 17-817. "Labor," or "labor or work" within prohi- bition, what constitutes. 1913D-797. Laundries, prohibition of labor in laun- dries on Sunday. 21-978. Moving picture shows, applicability of Sunday laws. 1916C-304; 1914C-782. Particular occupations, Sunday laws as directed against. 1-93; 6-980; 10- 1016; 14-141; 1918E-1170. Payments made on Sunday, validity. 19- 240. "Require," legal meaning in statute relat- ing to Sunday observance. 1912A- 1239. Selling goods as "labor" within prohibi- tion of Sunday law. 1913D-799. Several sales on same day as separate violations of Sunday law. 16-769. 4. Official or Judicial Acts. Adjournment of court, right of court to enter order on Sunday. 1916B-14. Appeal and error, validity of act in con- nection therewith on Sunday. 1916B- 23. Arrest made on Sunday, validity. 1916B- 21. Bail or recognizance bond taken on Sun- day, validity. 1916B-21. Coroner's inquest, right to hold on Sun- day. 1916B-16. Court's power to sit and try causes on legal holiday other than Sunday. 5- 919; 11-559. Judicial or official act performed on Sun- day or holiday, validity. 1916B-6; 1916E-847, 85S. SUNRISE AND SUNSET SUPPORT AND MAINTENANCE. 829 SUNDAYS AND HOLIDAYS Continued. SUPERSEDEAS Continued. Ministerial as distinguished from judicial acts under prohibitory laws. 1-279; 18-1040. 5. Prosecution for Violation. Acts repeated on same day as separate violation of Sunday law. 16-769. Belief in seventh day of week as Sabbath as defense to prosecution for viola- tion. 10-948. Labor or amusement on Sunday as of- fense at common law or under stat- ute other than Sunday law. 1918B- 387. 6. Recovery for Services or Injuries. Extra services performed for master on Sunday, right of servant to recover pay. 12-663. Servant working Sunday in violation of statute, liability of master for injuries received by him. 1912C-397. Failure to file bond on appeal by plain- tiff from attachment judgment as dis- charging lien of attachment. 1913B- 182. Injunction as affected by supersedeas bond. 4-231. New or additional bond, requirement or permission in appellate court. 10- 804; 17-378. Sureties, fewer than required number, ef- fect upon bond. 9-710. SUPERSTITION. Confession induced by appeal to ac- cused's superstition as affecting ad- missibility. 1913B-311. SUPERVENING CAUSE. Death resulting from supervening cause as defense to charge of homicide. 16-576; 1916C-692. Proximate cause and intervening condition. 1-230. SUNRISE AND SUNSET. Judicial notice. 21-352. SUNSTROKE. Accident insurance, construction of policy clause relating to sunstroke. 10-854; 1918A-523. Death from sunstroke as due to disease instead of accident. 2140. Workmen's compensation, special exposure to sunstroke as accident arising out of and in course of employment. 19130-10, 12. SUPERINTENDENT OF POOR. Necessary expenses, 1918D-928. what constitute. SUPERSEDEAS. Execution as affected by supersedeas after its execution. 5-786; 1914C- 1223. SUPERVENING DISEASE. Workmen's compensation, disease result- ing from or rendered possible by in- jury as within act. 1918B-309, 345. SUPERVISORS. Necessary expenses, 191SD-926. what constitute. SUPPLEMENTARY PRO- CEEDINGS. Municipal corporation as included under term "corporation" in statute. 1913B- 747. SUPPORT AND MAINTE- NANCE. Generally. Annulment of marriage, right of wife or child to provision for iuture support. 14-885. Children's support, bankruptcy, discharge as affecting claims for support of children. 2-268. 830 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SUPPORT AND MAINTENANCE Con- tinued. custody of children awarded mother on divorce, liability of father to sup- port. 12-138. decree in favor of father not providing for custody or maintenance of chil- dren, liability for support of children thereafter. 19180-939. divorce decree awarding custody to mother but not providing for main- tenance of children, liability of father for support. 7-903; 14-255; 1913C-296; 1915D-813. power of court in divorce action to pro- vide for support in absence of prayer for such relief. 1914D-753. Creditor's bill as reaching contract for sup- port. 1914B-961. Divorce, nonsupport of wife as desertion warranting divorce. 21-283. Insane person, right of state to recover from his estate for support. 1913A- 577. Judgment against principal as evidence against surety on bond given to secure support of wife and children. 1915D-410. Lessor's support, construction and opera- tion of lease providing for. 1913B- 550. Master and servant, support of minor em- ployer as setoff in action for wages. 191SD-87. Ne exeat in suits by wife for support. 3 295. Parent and child, child's liability for sup- port of parent. 9-1019. step-parent's right to recover for sup- port of stepchild. 1916A-1180. Paupers, contribution between relatives supporting pauper. 1915D-242. past maintenance, liability of pauper for. 1-35. X unsettled or transient pauper, liability for support. 1913C-82. Power of court to decree maintenance to either wife or husband independently of divorce proceedings. 1913D-1132; 1914B-932. Reconciliation of parties as affecting de- cree for payment of support money. 1912A-937. " SUPPORT AND MAINTENANCE Con- tinued. Vendor and purchaser, agreement to sup- port vendor for life in consideration for conveyance as raising implied ven- dor's lien" 20-927; 1917C-288. Criminal Liability for Nonsupport. Cruel and unusual punishment for non- support of wife, what constitutes. 1918B-399. False imprisonment on charge of nonsup- port, excessiveness of verdict. 1916C- 521. Infant's criminal liability for nonsupport of wife. 1914D-590. Nonsupport of wife having separate prop- erty or income as ground for crim- inal prosecution. 1916A-857. Separation agreement as bar to criminal prosecution for failure to support. 1912D-1096. Validity of statute, making it crime for husband to fail to support wife. 1912B-280. SUPPRESSION OF COMPETITION. See Monopolies. SURETYSHIP. 1. In General. 2. Who may be Surety. 3. Existence and Extent of Liability. 4. Duration of Liability. 5. Rights of Surety as to Creditor. 6. Rights Inter Se of Principal and Surety. 7. Release and Discharge of Sureties. 8. Contribution Between Sureties. 1. In General. Appeal and error, surety named in judg- ment but not otherwise party to suit as necessary or proper party to pro- ceedings for review of judgment. 1914D-1120. Building contract, priority as between as- signee of proceeds and surety of con- tractor. 1918D-6.40. Bonds having fewer than required number of sureties, validity and effect. 9-707. SURETYSHIP. 831 SURETYSHIP Continued. C'ivil Damage Act, joinder of seller and surety on bond in action under act. 14-1057. Cosuretyship, when relation exists. 1915A- 1206. Judgment against principal as evidence against surety. 9-153; 1915D-400. Mechanic's lien, surety as necessary or proper party to foreclosure action. 1918B-23. Name of surety, necessity that it appear in body of bail bond. 1912A-695. Reformation of instrument in equity as against surety. 21-271. "Security" as meaning surety or guarantor. 1914D-627. Written matter as controlling printed matter in construction of contract of suretyship. 1913E-964. 2. Wno may be Surety. Attorney, right to become surety for client. 18-837. "Freeholder," surety under liquor license law or on contractor's bond as free- holder. 1913D-334. Husband and wife, suretyship of wife under mortgage of her separate prop- erty for husband's debt. 5643; 1912D-108. Married woman as surety for husband, right to become. 1917B-597, 617, 618, 623, 625. Nonresidents as sureties on bonds in judi- cial proceedings, sufficiency in absence of regulating statute. 1912C-511. Surety companies, constitutionality of stat- utes authorizing surety companies to become sureties on bonds required by law. 2-487. 3. Existence and Extent of Liability. Appeal bond, abandonment or dismissal of appeal as affecting liability of sure- ties. 1916C-1226. , liability of sureties where appeal is dis- missed because of insufficiency of bond. 1915C-1210. new trial is ordered unless party agrees to reduction in amount of judgment, SURETYSHIP Continued. liability of sureties on appeal bond. 1914A-1300. Bills and notes, indorsement of non-nego- tiable paper as rendering indorser liable as surety. 1912B-708. liability of surety on dishonor as de- pendent on notice. 6-281. Conditional signing, liability of surety signing bond on condition that an- other surety be secured. 1918D-512. Duress to principal as affecting right of surety to avoid contract. 1913D-1191. Executors and administrators, liability of surety for debt of principal to deced- ent. 2-355; 1916D-636. property coming into hands of personal representative which is not assets of estate, liability of surety on his bond. 19-560; 1915D-121. Failure of principal to sign obligation as affecting liability of surety. 2-225; 1912A-1014; 1916E-113Q; 1917C-1073. Fiduciaries, surety of fiduciary as acting in "fiduciary capacity" within mean- ing of Bankruptcy Act. 1915A-1299. Guardian's bond, running of statute of limitations in favor of surety against action on bond. 1916A-173. Interest, liability of surety for interest when effect is to exceed penalty of bond. 1914C-1194. Limitation of action against principal as affecting right to maintain action on official bond against surety. 1913E- 1265. Obligation of person incapable of contract- ing, liability of surety. 17-1184. Official bonds, acts of public officer wholly outside official duty, liability of surety on bond. 6-919; 1912C-581; 1918C- 1020. amount of liability of surety on official bond. 12-436. assault committed by sheriff or consta- ble, liability of sureties on bond. 1916D-923. estoppel of surety on bond of public officer to attack validity of appoint- ment or election of principal. 21-786. liability of surety on official bond not affected by neglect or omission of other officer. 2-170. 832 INDEX TO THE' NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SURETYSHIP Continued. Partnership, liability of retiring partner as surety upon dissolution of partner- ship. 1-725; 11-1028. Past defaults, liability of sureties on ad- ditional and substituted bonds of guardians. 4-345. Public administrator liability of sureties on bond. 191SB-1072. Belease of cosurety as affecting surety's liability. 1917B-1183. Summary judgment, appeal bond, entry of summary judgment against surety on bond in nature of appeal bond. 1918C-1151, 1188. injunction bond, entry of summary judg- ment against surety. 19180-97. Surety company and individual surety, dis- tinction as to liability. 1912B-1087; 1916B-240; 1916E-1130; 1917E-1088. 4. Duration of Liability. Bail bond, liability as ending with convic- tion of principal or continuing until execution of judgment. 3-930; 13- 569. Default after expiration of term of officer, liability of surety. 1-383; 1912D-293. Official bonds, appointment of officer for definite term where law fixes no def- inite term, duration of liability of sureties on bond. 5-949. extension of term of office after bond is executed, duration of liability of surety. 13-1066. Termination of suretyship before breach of contract, right of surety by notice to obligee. 11-272. 5. Eights of Surety as to Creditor. Application of payment by principal, right of surety to direct. 1915B-1275; 1917C-587. Execution sale, right of surety to enjoin. 1918C-266. Mechanic's lien, right of surety on con- tractor's indemnity bond to assert lien. 21-995. Securities given surety, right of creditor to be subrogated to. 6-395. SURETYSHIP Continued. 6. Eights Inter Se of Principal and Surety. Consideration for contract of suretyship, extension of time for payment of debt as sufficient. 1918C-576. Frauds, statute of, applicability to promise to indemnify surety on notes, bonds and similar instruments. 6-674. Indemnity contract from principals to sureties on bail bond, validity. 16- 1036. Limitation of action as to surety, part payment by principal with consent of surety as suspending statute. 1916D- 327. Mortgage debt, surety paying as entitled to assignment of mortgage. 1914B- 565. Payment of debt by principal, right of surety to maintain action in equity to compel without prior payment on his part. 1912C-369. Eelation of creditor and debtor as exist- ing between surety and principal before payment of debt. 1912B-624. Setoff, right of sureties on promissory notes. 2-601. Subrogation, depositary of public funds, subrogation of surety to rights against depositary. 1916B-1266. payment of whole debt by surety as essential to right of subrogation to creditor's securities. 6-204; 1917C- 1183. remedies, subrogation of sureties to rem- edies against creditor as including remedies against third persons. 13- 429. right of surety to subrogation on pay- ment of debt due creditor as affected by fact of becoming surety for con- sideration. 1913A-565; 1918E-660. 7. Eelease and Discharge of Sureties. Alteration of terms, leases, alteration of terms of lease as discharge of sureties of lessee. 6-359. working contract, discharge of surety on contractor's bond by alteration in work to be done under contract. 16- 347. Appeal bond, affirmance of appeal by con- sent of litigants as releasing surety on bond. 1914A-1149. SURFACE. 833 SURETYSHIP Continued. Bail bonds, sickness or death of principal as exoneration of sureties. 1915B- 434. subsequent arrest of principal as exon- eration of liability of sureties. 1912C- 746. Bankruptcy, effect of discharge in bank- ruptcy upon liability of surety on bond. 3-65. principal's discharge in bankruptcy as discharge of surety on his bond. 11- 953; 1912B-781. Bills and notes, discharge of surety on depositor's note by failure of bank to general deposit. 7-1007. Composition by principal with creditors as releasing surety. 1914A-841. Creditor's acceptance of bill or note from debtor as discharging surety. 4-884; 1916A-1193. Diversion of note or proceeds as discharg- ing surety thereon. 1916D-733. Estoppel of creditor to proceed against surety by informing him that debt is paid or settled. 1914B-57. Extension of time in consideration of pay- ment of interest as discharge of surety. 5-442. express reservation of rights against surety on extension of time to princi- pal as discharging surety. 1914B- 1080. mortgage debt, extension of time to grantee assuming payment as releas- ing personal liability of mortgagor. 9-259. promissory note, effect of extension of time of payment on rights of surety on promissory note. 1918B-168. Failure of creditor to perform promise made in consideration of receipt of security from debtor for pre-existing debt as bar to action against surety. 1912A-415. Fidelity insurance, surety on bond as dis- charged by failure of employer to notify surety of delinquency of em- ployee. 11-1031; 1912D-1286. Negligence, creditor's negligence in en- forcing collateral security as discharg- ing surety. 1912D-115; 1915C-371. failure of creditor to file claim against principal's estate as releasing surety. 1912D-S11. Index to Notes 53 SURETYSHIP Continued. insurance, failure of owner to insure property in accordance with contract as discharging surety on building con- tractor's bond. 1914C-336. -surety on bond to indemnify bail as released by negligence of bail. 1913E- 455. Notice to creditor to sue principal, suffi- ciency as to form in order to dis- charge surety. 21-1367; 1916C-632. Payment or satisfaction by principal which proves unavailing as discharge of surety. 13-921; 1912B-485. premature payment to principal as re- lease of surety on contractor's bond. 2-766; 8-245; 1915C-674. Eelease of surety as affecting liability of principal. 3-468. "Require," in statute relating to release of sureties, legal meaning. 1912A- 1237. Securities, discharge of surety as discharge of security given by him. 12-550. release of securities, extent of discharge of surety thereby. 3-433. Statutory release of surety of public officer from liability, validity of statute. 1912A-73. Substitution of new bond as release of surety. 19-418. Waiver of previous cause for discharge by affirmative act of surety. 1915C-681. 8. Contribution Between Sureties. Liability of person becoming surety at re- quest of cosurety for contribution to latter. 16-856. Measure of contribution between sureties who are bound in different amounts. 18-853. Running of statute of limitations against contribution between sureties. 15- 1030; 1918E-518. Stockholders as sureties for corporation, contribution between. 1916B-361. SURFACE. Meaning of word in conveyance or devise of land. 1913D-127. 834 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SURFACE Continued. Mine owner's rights after severance of sur- face and mineral estates. 1913B-1106; 1918B-550. Release of surface support for mining operations as binding on appropriators under eminent domain. 2-967. SURFACE WATERS. Diversion of surface water on to land of another, liability of railroad. 1914A- 1292. Drainage of natural ponds formed by sur- face water, right of upper proprietor. 2-197; 3-847; 11-1143; 1915C-971. Flood waters, right to appropriate as against riparian proprietor. 1914 A- 82. Municipality's right to drain surface water from highways upon adjacent land. 6-990; 1912B-915. Overflow from watercourse as surface water. 3-208. SURGEONS. See Physicians and Surgeons. SURGICAL OPERATIONS. Consent as affecting right to perform. 5-306; 1916C-1105. Foreign substance left :by surgeon in wound or opening, liability. 19-190; 1913E-1010. Workmen's compensation, refusal to sub- mit to surgical operation as affecting right to compensation. 1915D482. SURNAMES. Mistake in surname of defendant in publi- cation notice as affecting jurisdiction of court. 1913B-1248. SURRENDER OF PREMISES. Denial of landlord's title, necessity that tenant surrender possession before as- serting title adverse to landlord. 1917D-548. SURRENDER OF PREMISES Continued. Entry by landlord for. purpose of repair- i ing premises as acceptance of sur- render by tenant. 1912D-974. Liability for rent of person to whom lessee surrenders premises without formal as- signment of lease. 1914B-466. Sublessee as affected by lessee's surrender of premises to lessor. 10-424. SURROGATES. Necessary expenses, 1918D-9S8. what constitute. SURVEYORS. Declarations of deceased surveyor as to boundaries, admissibility. 15-874. Error in fixing boundaries, liability of sur- veyor. 1913C-524. SURVEYS. Ancient survey, admissibility in evidence as dependent on public or private character. 1916C-179. Apportionment of excess or deficiency found to exist in tract of land sub- divided into several tracts. 1912A- 1273. Field-book entries of deceased surveyor, admissibility in evidence. 1917E-675. "Half," legal meaning of word. 1913E- 1013. Judicial notice by courts of public sur- veys. 12-931. SURVIVAL. See Actions. Reinstatement in benevolent or beneficial associations, survival of right. 6-698; 17-1175. SURVIVING PARTNER. Action by or against surviving partner, competency of opposing party to tes- tify to transaction with deceased part- ner. 1916B-568. Assignment of lienable claim to surviving partner, right to mechanic's lien. 21- 963. SURVIVOR SWITCH CONNECTIONS. 835 SURVIVING PARTNER Continued. Compensation for extraordinary services, right of surviving partner. 5-664. Executor de son tort, when surviving partner chargeable as. 1917E-22. Interest on share of deceased partner, lia- bility of survivor. 4-180. Purchase of deceased partner's interest, right of surviving partner. 1917C 946. Sale or mortgage of firm assets, power of surviving partner. 4-472. SURVIVOR. Construction of word "survivor" as "other." 4-581. SURVIVORSHIP. Coroner's verdict as admissible in evidence on issue of survivorship. 1917B-899. Presumption of survivorship in common disaster. 14-716; 1913A-871. Validity of provision in will relating to survivorship in common disaster. 1918D-842. Words of survivorship as affecting time at which devise or bequest of remainder after life estate takes effect. 14-706. SUSPENSION. Attorneys, misconduct of attorney in official or fiduciary capacity as ground for suspension. 1917B-232. Civil action predicated on commission of felony, merger or suspension. 1916C- 847. Mutual insurance contract, suspension for failure to pay dues, effect of provision for. 11-342. Preliminary injunction, suspension before trial. 1916E-205. Public officers, neglect of duty as ground for suspension. 1918B-442. power of public officer to remove subor- dinate from office as including power to suspend pending investigation of charges. 16-946. Schools, power to suspend pupil. 15-404; 1918A-400. SUSPENSION Continued. United States, rights with respect to sus- pension of contract with government. 1918E-12. SUSPENSION OF ALLOW- ANCE. Workmen's compensation, suspension of allowance. 1916E-897; 1918B-733. SUSPENSION OF SENTENCE. Insanity of defendant, suspension t>f sen- tence in criminal case pending restora- tion. 1913C-328. Power of court to suspend sentence. 8 386; 14-722; 1912B-1192. SWAMP-LANDS. County's power to sell real estate as af- fected by Swamp-land Act. 1913E- 530. SWAMPS. Drainage on to neighboring lands. 2-198. SWEARING. See Oaths; Profanity. Distinction between perjury and false swearing. 8-881. SWEATING. Confession obtained by process as inad- missible in evidence. 1915C-135. SWINGING DOORS. Liability of proprietor for injuries re- ceived in swinging door. 16-117. SWITCH CONNECTIONS. Deprivation by change of street or rail- road grade as entitling to damages. 1914C-273. 836 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. SWITCHES. SWITCHING CHARGES. Duty of railroad to block switches. 9- 498; 14-696; 1916E-642. Flying-switch, making as negligence. 10- 15; 1912D-342; 1915B-608. Setting switch, duty of master as dele- gable. 14-382; 1912B-385. Street railway, improper construction of switch as imposing liability for in- juries caused. 1913D-534. SWITCHING CARS. Federal Employers' Liability Act as pro- tecting employee engaged in switching cars. 1918B-58. Eegulation by state or railroad commis- sion. 1914B-366. SYMBOLICAL DELIVERY. Symbolical delivery within statute of frauds. 1917B-566. SYMPATHY. Juror, challenge for cause, sympathy for laboring men generally as sufficient ground. 1913A-1279. disqualification, sympathy for plaintiff in action for personal injuries as suffi- cient bias. 1912B-1183. TABLES. Experimental results tabulated, admissi- bility of table in evidence. 1912C- 189. TAILORS. Club for distribution of clothes as lottery. 5-837; 16-846. Tailor as engaged in "trade." 1916A-1201. TARDINESS. Discharge of servant, tardiness as ground. 1916A-1024. TARGET PRACTICE. Eights and liabilities of militia with re- spect to target practice. 1914A-867. TAVERN. Hotel and inn synonymous with tavern. 1914B-874. Term synonymous with hotel and inn within meaning of liquor statutes. 1913B-1033. TAXATION. 1. In General. 2. Definitions. 3. Validity of Statutes. 4. Jurisdiction to Tax. 5. Subjects of Taxation. 6. Place of Taxation, 7. Assessment. 8. Valuation. 9. Payment and Collection. 10. Actions Against Levy and Collection. 11. Lien. 12. Exemptions. 13. Franchise or Excise Tax. 14. Befund and Recovery Back. 15. Tax Sales. A. GENERALLY. B. WHO MAY PURCHASE. C. TAX DEEDS. 16. Income Taxes. 17. Inheritance Taxes. See Licenses; Special Assessments. 1. In General. Constitutional provisions self-executing as to taxation. 7-632; 18-201; 1914C- 1119; 1918D-1080. TAXATION. 837 TAXATION Continued. Covenant against incumbrances as breached by outstanding tax. 1913E- 248. Crime for which witness may be im- peached, offense against tax law as constituting. 1916A-277. Equity jurisdiction of election contest re- lating to taxation. 1912C-693. Landlord and tenant, covenant in lease to pay taxes as including special or local assessment. 12-589. improvements by tenant on leased land, liability for payment in absence of agreement between lessor and lessee. 1912A-275. Maxim de minimis non curat lex, applica- tion to tax proceedings. 19-964. Occupation of land under tax laws, actual residence as requisite. 20-833. Omitted property, power of county to con- tract for search. 4-140; 11-487. Private purpose, appropriation of public money for. 1-935. Statutes relating to taxes, effect of partial invalidity. 1916D-87. 2. Definitions. "Carrying on business," meaning of term under statute imposing tax on resi- dents. 18-35. "Direct tax," what is within meaning of federal constitution. 1912B-1328. "Machinery," meaning of term in tax statute. 1918E-208. "Near," meaning of word as used in tax statute. 1913D-123. "Person" as including private corporation in statute relating to taxation. 20 741, 744; 1914A-1309. "Profits," legal meaning of word in reve- nue law. 20-687. "Property tax" and "excise tax," distinc- tion between. 1914B-643. "Eequire," legal meaning in statute relat- ing to levy of taxes. 1912A-1237. "Residence" as synonymous with "domi- cile" in tax statute. 1915C-791, 796. what constitutes residence in jurisdic- tion within personal property tax statute. 1917B-726, 780. TAXATION Continued. "Similar property," meaning of term in statute relating to taxation. 18- 794. 3. Validity of Statutes. Bank guaranty fund, validity of statute levying tax on banks for purpose. Classification of municipalities according to population for taxing purposes, validity of statute. 15-860. Delegation of taxing power to school dis- trict, power of legislature. 8-535. Delinquent taxpayer, restriction on exer- cise of rights, validity of statute imposing. 1916D-1099. Distribution of tax proceeds, inequality of method as affecting validity of tax. 1914B-1138. Fire insurance companies, taxation for fire protection purposes, validity of statute or ordinance imposing tax. 17-261. Income tax, validity of statute levying. 21-197; 1913A-1180. Inheritance tax, constitutionality. 1-30; 12-953; 1913D-757. conveyance in contemplation of or to take effect at death, validity of pro- vision in statute levying tax thereon. 1914D-1183. Intoxicating liquors, validity of statute making property leased for sale of liquors subject to taxes assessed against lessee. 18-177. Judgments, validity of statute imposing tax on judgments. 1912C-1176. Municipal ordinance levying tax, validity. 21-199. Poll tax, constitutionality of. 12-317; 1917E-1208. requiring citizen to work on highway as imposing road or poll tax. 1912A- 739. Probate or administration fees, validity of statute fixing. 1916C-213. Special assessments, attorneys' fees, va- lidity of statute providing for re- covery in action for collection of as- sessment. 11-811; 1912A-692. -constitutionality of special assessment in excess of benefit. 3-11. 838 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TAXATION Continued. personal liability of abutting owner, constitutionality of statute imposing. 17-1255. Uniformity, classification of subjects as affected by constitutional requirement if uniformity. 1-638. 4. Jurisdiction to Tax. Acquisition of jurisdiction of certain lo- cality for tax purposes by munici- pality by lapse of time. 1913A-1342. School tax as affected by extension of boundaries of school district. 1915B- 1152. 5. Subjects of Taxation. Billiard and pool tables as subject to taxation notwithstanding license tax. 1913D-1054. Bonds of state or municipality, liability to taxation by state. 8-26; 12-350; 1914B-1163. Corporations, tangible personalty located and used without jurisdiction, right of state in which corporation is domi- ciled to tax. 4-498. Debts owing by solvent debtors, taxation as personalty. 2-754. evidences of debt belonging to non- resident, right of state to tax. 11- 739. Dogs, validity of ordinance imposing tax on privilege of keeping dog. 1912D- 879. Double taxation, taxing shares of stock and capital stock or property of cor- poratipn as constituting. 7-1195; 13- 636. Farming land within municipal limits, taxation of. 1912A-342. Federal bonds and obligations as subject to state taxation. 4-936. Foreign corporations, liability to taxa- tion within state of shares of stock. 1916C-829. Goods in transit, nonresidents' tangible personalty temporarily within state, when taxable as not being in transit. 10-65. - state taxation of property delayed daring transit between stages as taxa- tion of interstate commerce. 5-1019. TAXATION Continued. Government reservation, right of state or territory to tax personalty on reserva 1 - tion. 14-964. Marine insurance policy on exports, tax on policy as tax on articles exported. 1915D-1090. Membership in board of trade or stock exchange as taxable property. 1915C-542. Mercantile agencies, taxation of. 1916D- 749. Minerals, interest in minerals as taxable separately from land. 15-513. Municipal securities in hands of holder, right of municipality to tax. 19- 411. National banks, married woman's liability to assessment on shares of stock owned by her. 5-743. deposits in national bank, state taxa- tion. 1912D-37. Orders for foreign goods or services, state taxation of business of taking orders as attempted regulation of interstate commerce. 2-701; 14-865; 1916B- 496. Public property, foreign state or munici- pality, taxation of property. 1912D- 804. municipal property outside corporate limits as subject to taxation. 191 8E- 88. state lands under contract of purchase as subject to taxation. 1917C-129. United States property granted or sold by government, but to which gov- ernment still holds legal title, lia- bility to state taxation. 11-391. Public service plant operated by mu- nicipality as subject to taxation. 1918E-85. Sales of foreign products, power of state to discriminate against by taxing. 5-880. State instrumentalities of government, federal taxation. 4-747. Stock transfers, taxation of. 6-523; 9- 738; 10-107. Trademark as subject of taxation. 18- 1159. Trading stamps, validity of taxes upon use. 2-302. TAXATION. 839 TAXATION Continued. 6. Place of Taxation. Animals, situs for tax purposes. 8-677. Corporations, place of taxation of tangi- ble personalty of corporation as de- pendent upon location of principal office. 19-958. Debts owing by solvent debtors, situs' for taxation. 2-756. Decedent's personal property, situs Jfor tax purposes. 1-438; 20-729. Double taxation, property taxed in two states as constituting. 15-895. Franchise of corporation, place of taxa- tion. 7-518. Infant's personal property, situs for taxa- tion. 7-680. Lunatic's personal property, situs for taxation. 7-680. Partnership property, place of taxation. 1912B-758. interest of deceased partner, situs for taxing purposes. 9-692. Eealty situate in more than one taxing district, place of taxation. 18-713. Boiling stock of railroad company, situs for taxation. 10-355. State and municipal bonds, situs for tax purposes. 8-27. Trust property, personal property held in trust, situs for purpose of taxation. 2-850; 1917D-948. Vessels, situs for purpose of taxation. 3-1103; 6-211; 7-446; 20-966; 1914D- 289. 7. Assessment. Appeal to courts from amount of assess- ment, validity of statute conferring right. 14-165. Board of assessors, validity of assess- ment made by less than whole board. 16-422. Direct assessment by legislature, validity. 11-720. Dollar-mark or other designation indi- cating money, effect of omission. 1915C-338. Erroneous assessment as imposing civil liability on assessing officer. 4-942; 13-678. TAXATION Continued. Estoppel of taxpayer returning property for taxation to dispute assessment based on return. 7-866; 17-1031; 1916C-230. validity of tax, estoppel of taxpayer to question. 1916C-225. Injunction as remedy for assessment of property disproportionately with other property. 1914D-916; 1917E-97. Joint ownership of property, proper mode of assessment of tax. 1914A-568. Mandamus to review decision of tax offi- cial or board as to assessments. 1912B-786. Misnomer of land owner as affecting va- lidity of assessment. 1918D-569. Names in tax assessment, substitution of phrase "et al." 14-572. Omitted property, right of taxpayer to notice and opportunity to be heard on assessment for taxation. 12-468. "Require," legal meaning in statute relat- ing to levy of taxes. 1912A-1237. Verification of assessment-roll by as- sessors, necessity of. 11-1118. 8. Valuation. Leases, tax value of lease. 1912C-944. Mortgaged land, validity of tax for full value without deduction of mortgage debt. 15-188. Percentage basis for valuation, validity of statute providing for assessment at fi'xed per cent of value of property. 1915D-446. Railroads, valuation of property for pur- pose of taxation. 1916E-1180, 1196, 1198, 1201; 1917E-110. Bemedy of owner of particular class of property assessed at greater per cent of value than other property. 1914D- 916. Uniformity, valuation of other property at lower proportion of actual value as invalid. 1912B-872; 1917E-97. 9. Payment and Collection. Attempt to pay taxes frustrated by officer, effect. 17-820; 1914D-1056. Bankruptcy, duty of trustee in banl ruptcy to pay taxes owing by bank- rupt. 3-238. 840 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TAXATION Continued. Compromise of tax, right of public au- thorities. 1912A-754. Discretionary enforcement of made of collection as delegation of legislative power. 3-350. Equitable remedy for collection of taxes in case of inadequacy of statutory remedy. 7-22. Executory contract for sale of land, lia- bility of parties for taxes. 18-450. Interest on taxes, collection. 16-471. Land conveyed on condition of payment of ground rent, liability for taxes. 1914B-845. Nonresident's personal liability" for taxes on property within jurisdiction. 1913D-342. Omitted property, decedent's property which escaped taxation in his life- time, liability of estate for taxes. 18-350; 1913C-1373. Penalties, liability of one refusing to pay tax and contesting its validity for interest and penalties on tax being held valid in whole or in part. 5- 649. Presumption of payment of taxes from lapse of time. 4-430; 1915D-186. Receiver's certificates, issuance to pay taxes. 1913C-47. Services in payment, validity of con- tract between municipality and cor- poration by which latter is to render services equal to amount of taxes. 1914A-1263. Setoff or counterclaim, tax as subject to. 1914C-339. Statutory remedy for collection of taxes as exclusive of other remedies. 7-18; 13-729; 1915D-741. Tax collector, duty to account for money received by him officially but without authority. 11-330. judgment against principal as evidence against surety on tax collector's bond. 1915D-410. Trust property, personalty taxes as pay- able out of income or capital. 1918E-989. realty taxes as payable out of income or capital. 1918E-947, 982. TAXATION Continued. 10. Actions Against Levy and Collection. Injunction against collection, erroneous or invalid levy or assessment as ground. 3-564; 12-764; 1915C-755. individual's right to enjoin assessment of illegal tax. 3-1014. Prohibition as remedy against levy and collection. 20-964. 11. Lien. Lien of one tax as affected by sale for another tax. 1913A-675. Municipal tax lien, validity of statute providing for sale. 1913C-964. Priority as between tax and purchase- money mortgage. 1916C-955. validity and construction of statute giving priority to tax liens. 1913B- 520; 1917A-1079. Subrogation to tax lien of person paying tax. 17-1134; 1912BV751. 12. Exemptions. Cemetery or lot therein, exemption from taxation. 1912A-1053. Corporations, bonus or tax provision in franchise or charter as constituting exemption. 4-388. capital stock of corporation, what is included in exemption thereof. 4-37. "carrying on business," meaning of term as used in statute exempting corporations from taxation. 18-33. repeal of exemption from taxation in corporate charter, right of legisla- ture. 13-681. Educational institutions, exemption from taxation. 1-839. buildings within exemption of educa- tional institutions. 10-671. Elks' lodge as charitable institution en- titled to exemption. 1914C-958; 1916E-786. "Equipment" of hospitals and other char- itable institutions, meaning of term in exemption statute. 1913B-201. Exemption from taxation as including exemption from assessment for local improvement. 15-349; 1913D-1114; 1915A-219. TAXATION. 841 TAXATION Continued. Farming land within- municipal limits, ex- emption from taxation. 1912A-347. Fraternal benefit society, exemption of charitable or benevolent institutions as applicable to fraternal benefit society. 7-39. Hospital as charity within exemption of charitable institutions. 1917B-278. "Manufacturing establishment," what is within exemption thereof from taxa- tion. 1915B-223. electric light or power company as manufacturer exempt from taxation. 7-726; 19130-718. gas company as manufacturer exempt from taxation. 10-668. Masonic lodge or body as charitable in- stitution exempt from taxation. 1912A-1187; 1918E-1043. Money loaned on mortgage security, va- lidity of exemption from taxation. 1916E-757. Municipal corporations, power to grant exemption from taxation. 7-1013; 20-286; 1918E-1088. Parsonage or residence of minister, priest, etc., exemption from taxation. 11- 1102. Quasi-public use as entitling leased real estate to exemption. 2-810. Eailroads, property included in general exemption from taxation. 4-1203. Eeligious institutions, what is included in exemption from taxation. 1912A- 354; 1918B-532. Retrospective operation of exemption from taxation. 6-438. Social club as exempt from taxation. 1918E-277. State and municipal bonds, exemption from taxation. 8-27. 13. Franchise or Excise Tax. Common carrier franchise, propriety of using mileage basis in assessing value. 1914B-199. Corporate franchise, taxation as realty or personalty. 19-167. Distinction between property tax and excise tax. 1914B-643. Federal franchise, right of state to tax 17-722. TAXATION Continued. Ferries, state taxation of ferry as regu- lation of interstate commerce. 1914B-684. Place of taxation of corporate franchise 7-518. Telegraph company, statute or ordinance imposing tax as interference with interstate commerce. 1914A-987. use of streets by telegraph and tele- phone companies, validity of ordi- nance imposing tax as depending on amount of tax. 16-343. 14. Refund and Recovery Back. Illegal tax paid "under protest," recov- ery. 8-669; 10-1050; 1915A-495. Internal revenue tax, refund by or re- covery from United States. 1916A- 291. Payment to avoid imposition of penalty (including forfeiture of right to do business) as involuntary. 1913C- 1052. Protest against payment, necessity that should specify grounds. 1913D-568. 15. Tax Sales. A. GENERALLY. Certificate of sale, validity as dependent on time of issuance. 1913B-587. Combination between bidders at tax sale validity. 1913D-962. Dower, tax sale of land as defeating inchoate right. 19-977; 1914C-115. Easements, tax sale as extinguishing private easement. 1916C-638. Limitation of actions, effect of statute to protect purchaser at void tax sale 9-873. Misnomer of land owner, effect on pro- ceedings. 1918D-573. Quieting title, reimbursement of pur- chaser of invalid tax title as condi- tion precedent to action. 16-803. Partial invalidity of statutes relating to tax sales and deeds, effect of. 1916D-48. Possession under deed valid on face for period of statute of limitations pro- tecting tax titles, validity of title acquired. 16-1144. 842 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TAXATION Continued. Purchase of property by municipality or other governmental agency, effect on right to sell for unpaid taxes. 1914A-161. Purchaser pendente lite, purchaser at tax sale as. 1918C-78. Redemption from tax sale, extension of time to redeem, validity of act. 2 801. ^infant's right to redeem. 1914C-421. limitation as to time for redemption as affecting action to quiet title. 20-46. sufficiency of notice with respect to statement as to expiration of time to redeem. 1917A-243. Reimbursement from owner of property, right of purchaser of defective title under statute. 12-230. right upon failure of title in absence of statute. 7-920. Tax officer, personal liability to purchaser for error or omission rendering sale void. 1914A-1120. sale under void statute, personal lia- bility of officer. 1918B-190. B. WHO MAY PURCHASE. Husband's right to acquire tax title to wife's land. 1913E-545. Joint remainderman in expectancy, right to acquire tax title to property. 1913E-152. Mortgagee's right to purchase mortgaged premises at tax sale. 11-759. Purchaser of land subject to mortgage, right to acquire tax title. 1916B 866. Remainderman's right to acquire tax title on life tenant's faihire to pay tax. 1916D-326. Tenant in common, right to hold tax title adversely to cotenants. 8-988; 17-1199. Wife's right to acquire tax title to hus- band's land. 10-986. C. TAX DEEDS. Designation of grantee, sufficiency of tax deed with respect to. 1913A-1195. Issuance of deed before expiration of time to redeem, validity as affected TAXATION Continued. by subsequent failure to redeem. 9-76. Reformation of tax deeds. 20-457. Superseding tax deed by execution of new deed, right of tax official. 1912B- 952. 16. Income Taxes. Corporations, situs of income of corpora- tion for purpose. 1918A-426; 1918E- 750. Direct tax income tax as coming within term as applied in federal constitu- tion. 1912B-1330. Federal income tax, validity. 1917B-721. Interstate commerce, proceeds as subject to state income tax. 1918E-750. Partial invalidity of statute relating to income taxes, effect. 1916D-89. Personal income taxable under income tax statute. 1913C-984; 1916D-1265. "Plant," meaning as used in English In- come Tax Act. 1917A-322. Public officers, power of state to tax salary or income of federal officer and vice versa. 7-87; 12-827. Validity of statute levying income tax. 21-197; 1913A-1180. 17. Inheritance Taxes. Aliens, liability to succession tax of trans- fer to alien. 1912A-857. Amount of estate transferred, liability to succession tax as dependent upon. 11 143; 1914A-472. Appreciation or depreciation of property subsequent to death of decedent as affecting assessment of tax. 1912C 1017; 1916A-786. Bonds or securities of United States and other governmental bodies, liability of transfers to succession tax. 5-874. . Community property as subject to inher- itance tax. 1913D-496. Constitutionality of succession taxes. 1- 30; 7-1061; 8-159; 12-953; 1913D-757. Conveyance in contemplation of or to take effect at death, validity of statute levying tax. 1914D-1183. Corporate stock, situs for purposes of suc- cession tax. 13-741; 1918A-555. TAX COLLECTORS TAXPAYERS' ACTIONS. TAXATION Continued. Debt, situs for purpose of succession tax. 11-119; 1912A-903; 1915B-864. Deduction of mortgage debts from realty or personalty in assessing succession tax. 14-860. Double taxation, construction of statute so as to avoid. 1914B-691. Dower, widow's dower, support, etc., as subject to succession tax. 1913A-167; 1918D-1094. Executor or administrator, personal lia- bility for payment of inheritance tax. 1915A-265. Exemption as arising from tax exemption of corporation by statute or charter. 1915B-1053; 1918E-943. Federal succession tax on contingent in- terest, refundment. 1916A-318. Foreign charitable corporations, liability of bequests to inheritance tax. 1-233; 8-159; 6-579; 1912B-994. Future estates, time for taxing under suc- cession tax acts. 5-237; 1916D-309. Life beneficiary, method of determining value of interest. 1914D-77. Municipal corporations as included under term "corporation" in statute. 1913B- 747. Partnership, situs of interest of deceased partner for tax purpose. 9-692. Payable out of estate or out of legacy or devise. 20-1358. Personal property in foreign jurisdiction at time of owner's death as subject to tax in state of his residence. 1913D- 520. Prospective or retroactive operation of suc- cession tax acts. 2-608; 8-218. Eate of taxation, construction of law with respect to. 1914B-627. Keal property, situs as affecting liability to inheritance tax. 1915A-169. Eenunciation of legacy or devise, effect upon liability to succession tax. 10- 1036. Eesidence or domicile within inheritance tax statute. 1917B-733. Statutes, partial invalidity, effect. 1916D- 89. ' rule for construction of inheritance tax statutes. 1915C-322. TAXATION Continued. Sum appropriated in will for tomb, grave, etc., as subject to succession tax. 17- 853. Transfer made before death, liability to succession tax. 14-109; 1915B-1089. Will contest, succession tax on money paid to compromise contest. 6-572. TAX COLLECTORS. Accounting for money collected under il- legal levy, assessment or warrant, duty of tax collector. 11-331. Carrying concealed weapons, exemption from statute against. 1914A-258. Collector of taxes as municipal officer. 1914D-1231. Judgment against principal as evidence against surety on tax collector's bond. 1915D-410. TAXES DUE. Legal meaning of term. 1918E-792. TAXICABS. Driver as workman within English Com- pensation Act. 1913C-33. Municipal regulation other than taxation. 1914D-735. Proprietor of taxicab as common carrier. 1916D-767. TAXPAYERS' ACTIONS. Actions by taxpayers. 1913C-884. Appeal from judgment in proceeding to which they are not parties, right of appeal as taxpayer. 1918A-365. Burden of proof in taxpayers' 1913C-913. actions. Counsel fees in taxpayer's action. 1913C- 915. Dismissal of action against county board to enforce liability for unlawful issue of warrants, right of county attorney to dismiss. 1917A-855. Illegal payment of money from public treasury, right of taxpayer to main- tain action to recover. 19-776. 844 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TAXPAYERS' ACTIONS Continued. Injunction against act of public official, right of taxpayer to maintain. 3- 1013; 15-1173. Jurisdiction of taxpayer's action. 1913C- 905. Legal meaning of term. 19140-1057. Municipal contracts, action by individuals to set aside or enjoin performance. 17-653. Nuisance, suits by taxpayer to enjoin. 1- 38; 17-1128. Parties to taxpayers' actions. 1913C-911. Pleading in taxpayers' actions. 1913C-913. Procedure in taxpayers' actions. 1913C- 904. Quo warranto to try title to public office, right of taxpayer to maintain. 6463; 13-1063; 1915D-1154. TEACHERS. See Schools. TEAMS. Exemption from execution, construction of statute. 6-779. Logger's lien for services of team. 1916C- 203. Mechanic's lien for use by contractor, right of one who rents. 15-383. TEAMSTERS. Authority to bind shipper of goods by con- tract limiting liability of carrier. 1- 676. Loan by one master to another, duty and liability of latter. 20-443. Team and driver loaned or hired to third person for special service, liability of master for acts of driver. 7-102. TECHNICAL TERMS. Instruction containing, propriety of. 11 622. TEETH. Injury to teeth, inadequacy of verdict. 1916B-441. TELEGRAMS. Contracts affected by telegram, time when complete. 6-379. Eeply telegrams, admissibility in evidence. 16-394. Subpoena duces tecum, sufficiency of de- scription of telegram. 15-644. TELEGRAPH OPERATOR. Fellow-servant of other railroad employees. 9-789; 1912D-882. TELEGRAPHS AND TELEPHONES. 1. In General. 2. Location and Construction. 3. Poles and Wires. 4. Regulation and Taxation. 5. Furnishing Service. 6. Transmission of Messages. A. GENERALLY. B. PERSONS ENTITLED TO DAMAGES. C. PRESENTATION OF CLAIMS. D. MEASURE OF DAMAGES. 7. Injuries to Person or Property. 8. Messages as Evidence. 1. In General. Acknowledgment by telephone, validity of. 1912C-330. Assumption of risk, applicability of doc- trine to lineman. 15-598; 1912B-467. Execution sale of property of telegraph or telephone company, injunction against. 1918C-230. Fellow-servant, telegraph operator as fel- low-servant of other railroad em- ployees. 9-788; 1912D-882. Individual's right to supply telegraph or telephone service. 19140-940. Mutual telephone company as constitut- ing public utility. 1917B-497. Operation of telegraph business as "trade." 1916A-1201. Presentment and demand of negotiable in- strument by telephone, sufficiency. 1912A-862. TELEGRAPHS AND TELEPHONES. 845 TELEGRAPHS AND TELEPHONES Continued. Privileged communication, telegram as. 1916C-704. Railroads, duty to maintain telegraph or telephone service. 18-108. Rules and regulations for conduct of busi- ness, reasonableness as question of law or fact. 3-715. Subpoena duces tecum. for telegrams, suffi- ciency of description. 15-644. Telephone business, right of railroad com- pany to conduct. 11-829. 2. Location and Construction. Act of Congress of July 24, 1866, scope and effect as to power of telegraph com- pany to construct lines upon proper roads. 1-533. Additional servitude on city streets, tele- graph or telephone line as. 2-155; 5-841; 8-956; 10-467. rural highway, telegraph or telephone line as additional servitude. 2-163; 5-841; 11-464. Independent contractors, persons engaged in constructing telegraph or telephone line as. 19-26. Interest in land acquired by condemnation for telegraph line as easement or fee. 20-573. Municipal telephone system, power of mu- nicipality to construct and operate. 1918A-380. Railroad right of way, compensation for interest acquired by telephone com- pany. 20-723. interest acquired by telegraph company, compensation for. 1-741. power of telegraph or telephone com- pany to condemn railroad right of way under state statute. 1917B-689, 705, 707. Trees of abutting owner, liability of telegraph or telephone company for injury. 2-642; 12-251. right of electric company to condemn right to cut or remove trees near right of way. 1914C-271. 3. Poles and Wires. Acquisition by prescription of right to maintain poles. 1916E-981. TELEGRAPHS AND TELEPHONES Continued. Fall of pole or wire of public service cor- poration, liability of municipality. 1913E-379. Personalty or realty, poles and wires as. 9-1192. Pole erected on or in front of private prop- erty, right of owner to cut down. 14- 579. Revocation or expiration of right to main- tain poles and wires in street. 1917E- 525, 539, 557. Use of force in aid of right to set poles on land. 1913E-476. Wires above premises, remedy of land owner for unauthorized stringing. 9- 860. 4. Regulation and Taxation. Federal assumption of control of telegraph companies, effect on state statute or rule. 1918C-1033. Location of telegraph or telephone line, municipal regulation. 16-441. Rate regulation of telegraph and telephone companies, constitutionality. 1-433. municipal regulation of telephone rates under home rule charter, validity. 1917E-1001. validity of statute or ordinance regulat- ing telephone rates. 1912D-308. Taxation, statute or ordinance imposing tax on telegraph company as inter- ference with interstate commerce. 1914A-987. telephone company lines, conduits, etc., situate in more than one taxing dis- trict, place of taxation. 18-717. use of streets, tax on telegraph or telephone company, validity of ordi- nance as depending on amount of tax. 16-343. Telegraph operators, federal hours of ser- vice act as applicable to. 1915D-460; 1918C-802. 5. Furnishing Service. Advance charges for telephone service, right to require payment. 1914D-119. Connection and facilities, duty of tele- phone company to supply without discrimination. 11-138; 15-1215; 1912C-135; 1916C-779. 846 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TELEGRAPHS AND TELEPHONES TELEGRAPHS AND TELEPHONES Continued. Continued. negligence in making connection for sub- scriber, liability of telephone company. 18-1070; 1914B-782. Deprivation of telephone service, measure of damages for wrongful deprivation. 1913B-1120; 1915A-896; 1918E-120. Free delivery limits, rights and liabilities of telegraph company with respect to. 1912B-596. Nonsubscriber's use of telephone, liability of telephone subscriber for extra charges caused. 1914B-1188. Public pay station, duty and liability of telephone company with respect to. 1915D-1087. Stock quotations, refusal of telegraph company to furnish for gambling pur- poses, right to equitable relief. 6- 887. Sunday service, duty of telegraph or tele- phone company to furnish. 1912C- 587; 1915D-380. 6. Transmission of Message. A. GENERALLY. Delay in transmitting message due to strike of employees, liability of tele- graph company. 17-240. notice of delay in transmission or de- livery of message, duty of telegraph company to notify sender. 14-371; 1917C-545. Disclosure of contents of message, liability of telegraph company. 1916C-727. Failure to, deliver message containing offer to make contract, liability of tele- graph company. 1914C-208; 1915D- X 223; 1918D-741. False, forged or fraudulent messages, liability for delivery. 1-578; 5-521; 1915D-245. "In care of" another, duty and liability of telegraph company as to delivery of message so addressed. 5-734. Limitation of liability, notice of exemp- tion printed on telegraph blank as af- fecting addressee of message. 19-900; 1916A-1135. repeating message, validity of stipula- tion in telegraph blank limiting liabil- ity unless message is repeated. 10- 857. i Libelous message, liability for receiving . and transmitting. 9-697; 1913A-538. Mailing message to addressee, liability of telegraph company for delay in de- livery. 1914A-115. Market reports, erroneous transmission of message announcing prices or state of market, liability of telegraph company. 3-42S; 1912C-1279. Messengers for hire, liability of company furnishing, for loss of money in- trusted to messenger. 5-797. Opening telegrams, liability for wrongful opening. 21-861. Refusal to accept message for transmis- sion, liability of telegraph company. 1916D-467. Sender's liability to receiver of telegram for error in transmission. 1912A-68. Service, notice or other transaction by tele- phone, validity. 1917B-903. State statutes penalizing negligent hand- ling of telegrams as regulation of in- terstate commerce. 2-513; 21-819; 1918C-1039. Telephone company, duty to addressee of message. 16-1243. liability for negligence 3 etc., in making connection for subscriber. 18-1070; 1914B-782. B. PERSONS ENTITLED TO DAMAGES. Addressee's right to sue for failure to de- liver telegram. 2-398; 13-356. Person whose name or interest does not ap- pear on face of telegram or otherwise, right to recover damages for mental anguish. 10-648. C. PRESENTATION OF CLAIMS FOR DAMAGES. Claims for damages or statutory penalty required to be presented within cer- tain time, validity of stipulation on telegraph blank. 4-613; 14-192; 1912B-520. Commencement of suit as presentation of claim within stipulation on telegraph blank. 12-656; 1917D-162. D. MEASURE OF DAMAGES. Failure to transmit telegram, necessity that damages be contemplated. 1- 361; 10-479. TEMPERANCE TENANTS IN COMMON. 347 TELEGRAPHS AND TELEPHONES Continued. Mental anguish doctrine in telegraph cases. 1-355; 2-55; 8-474; 13-399; 1912D- 838. conflict of laws as to recovery of dam- ages for mental anguish. 7-1068; 19- 1063. evidence of mental suffering, necessity and competency. 2-55. excessive verdict for mental anguish, what is. 1913B-246; 1916C-524. validity of statute permitting recovery of damages for mental anguish. 1913C-865. Loss of profits as element of damages re- coverable for delay in delivery of telegram. 1914A-1297. Ordering goods for resale, measure of dam- ages recoverable for failure to deliver telegram. 14-741. Transmission of money, measure of dam- ages recoverable against telegraph company for failure to transmit. 7- 535. 7. Injuries to Person or Property. Fire caused by wires transmitting elec- tricity from lightning, liability of telephone or other electric company. 1914B-1031. Injuries to person using telephone, liability of company. 21-1009. 8. Messages as Evidence. Conversation by telephone as evidence. 1- 802; 9-170; 20-705; 1916E-977. Presumption as to receipt of telegram. 1917E-10S1. Primary evidence, telegram left for trans- mission or message delivered as pri- mary or best evidence in action for damages for delay in transmission. 8-270. Reply telegrams, admissibility in evidence. 16-394. Telegrams sent in general course of busi- ness, admissibility in evidence. 1917D-790. TEMPORARY INJUNCTION. See Injunctions. TENANCY. See Joint Tenancy; Landlord and Tenant; Life Estates; Tenants in Common. TENANCY BY ENTIRETY. See Entirety. TENANT. Distinction between tenant and lodger. 1914A-200; 1914D-840. TENANT FOR YEARS. Eight to have assignment of mortgage on paying indebtedness. 1914B-556. TENANTS IN COMMON. 1. In General. 2. Eights and Liabilities Inter Se. 3. Bights and Liabilities as to Third Per- sons. 1. In General. Conveyance of unspecified parcel by acre- age in larger tract of land as creating tenancy in common. 2-918. Devise to persons "jointly" as creating joint tenancy or tenancy in common. 1914C-233. Entirety estate as converted by divorce into tenancy in common. 5-536. Freeholder, tenant in common as "free- holder." 1913D-328. Nature of estate resulting from creation of cotenancy. 1917B-57; 116, 119, 121. Taxation, proper mode of assessment of tax on property held by two or more persons in joint ownership. 1914A- 568. Testamentary gift to persons designated as class as creating tenancy in common instead of joint tenancy. 1917B-116. TEMPERANCE. Presumption of sobriety or temperance. 1918A-620. 2. Bights and Liabilities Inter Se. Accounting for rents and profits, liability of tenant in sole possession to account 848 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TENANTS IN COMMON Continued. to cotenant in absence of express agreement. 18-1082. Compensation for services in sale of com- mon property, right of tenant in com- mon. 1916C-680. Damages for injury to premises, right of one tenant to sue for. 1918A-608. Execution sale, right of tenant in common to enjoin. 1918C-267. Homestead right in land held in common, right of tenant in common to acquire. 1914B-854. Lien on property for rents and profits re- ceived by cotenant, right of tenant in common. 16-94. Limitation statute, running between ten- ants in common against adverse claim by cotenant as dependent on notice. 1913D-131S. Minerals, right of tenant in common to re- move from soil. 1918B-580. Mortgage debt, payment by tenant in com- mon, right to enforce mortgage against cotenant. 10-282; 1912C-1264; 1917A-832. Partition, right of tenant in common who has life estate only in property. 11- 1040. testamentary restriction on right of par- tition. 1916D-1270. waiver of cotenant of right by express or implied agreement. 1913E 402; 1916D-928. Purchase of outstanding title, rule prevent- ing tenant in common as applicable where tenants hold adversely as to each other. 1916D-1307. Sale of common property under judicial sale or power in trust deed, right of tenant in common to buy. 17-1169; 1914A-1031. Tax title, right of tenant in common to hold adversely to cotenants. 8-988; 17-1199. Waste, right of tenant to maintain action against cotenant. 15-271. 3. Eights and Liabilities as to Third Persons. Adverse possession by grantee of cotenant. 1915C-1232. Conveyance of specific right or easement in land by one tenant in common, valid- TENANTS IN COMMON Continued. ity. 13-307; 1913A-227; 1915A-745; 1918C-92. estoppel of tenant in common to deny validity of conveyance of specific parcel of common property by coten- ant. 1912B-836; 1915A-745. Covenant of warranty or for quiet enjoy- ment as breached by existence of un- divided interest in common tenant. 1913B-847. Creditor's bill to reach interest of coten- ant. 1914B-953. Ejectment against stranger, right of ten- ant in common to recover entire prem- ises. 5-824; 7-999; 1915D-1043. Estoppel of purchaser of tract allotted to party in partition proceedings to deny title of another party to another part of land divided. 1915A-949. Lease by part only of common tenants, effect. 1913D-1164. Lien for rents and profits received by co- tenant, right of tenant in common as against third persons. 16-95. Partition by agreement of cotenants as binding on judgment creditor of one tenant. 1913A-1146. Torts, liability of tenants in common. 1915C-1144. TENANTS IN TAIL. Effect of conveyance. 1912B-56. TENDER. Amount of tender, waiver of objection to amount. 1912B-903. Chattel mortgage debt, effect upon security of tender after default. 15-495; 1914C-276. Checks, sufficiency of tender by check. 1914B-178. Conversion of pledge, necessity of tender of debt secured before action against pledgee. 10-1125. Fire insurance, unearned premium, neces- sity to effect cancellation of policy by insurer. 12-1067; 1913D-490; 1917B- 910. Judgments, effect of tender of amount due on judgment. 1916C-536. TENDERS TERRACES. 849 TENDER Continued. Life insurance, necessity of tender of premiums received on policy on com- pany's rescinding policy on ground of breach of warranty or false statement in application. 1914A-971. Mechanic's lien as discharged by tender of amount due. 1912B-932. Mortgage debt, by whom tender must be made to extinguish lien. 7-1065; 1914B-721. effect of making tender after fore- closure. 1914C-677. tender after maturity and before fore- closure, effect on mortgage. 8-363. Passenger fare, tender after refusal to pay as affecting duty to carry passenger. 10-941. what is reasonable sum which passenger may tender. 10-642; 18-44; 1918D- 182. Payment into court, ownership of money tendered. 7-97. Release of damages procured by fraud, necessity upon repudiation of tender- ing consideration therefor. 4-655; 10-739; 1912D-1084. Rent, tender before declaration of forfeit- ure of lease as valid tender. 1912D 1009. Specific performance of contract for sale of land, tender or payment of pur- chase price as condition precedent to right of action by purchaser. 4-852; 1913C-647. Stranger making tender, sufficiency. 12 82. Subscriptions, refusal of tender of sub- scription as releasing subscriber. 1912B-495. TENDERS. Term "car" as including tender of engine. 1914D-46. TENEMENTS. Manufacture of clothing in tenements, . validity of regulatory statutes. 1- 747. TENOR. Meaning of word "tenor." 1914E-660. Purport and tenor, distinction between. 1914B-661. Index to Notes 54 TENT. Legal meaning of word. 1918B-138. TERMINAL COMPANY. "U'hat is railroad terminal company. 1915D-1247. TERMINATION. Agency, implied promise of indemnity by principal to agent as affected by ter- mination of agency. 1912D-993. subagency, what constitutes termina- tion of authority. 1915D-22. Contracts, right to terminate where no stipulation as to duration. 20-1104. Landlord and tenant, destruction of prem- ises, construction of provision in lease for termination of tenancy. 1913A- 1095. termination of lease at option of one or both parties, construction of pro- vision therefor. 1916B-306. Malicious prosecutions, sufficiency of ter- mination of proceedings to support action. See Malicious Prosecution, Master and servant, continuance in ser- vice after termination of contract as affecting term of employment and rate of compensation. 191SB-1176. Public office, termination of office as af- fecting quo warranto proceeding to try title to office. 11-1170; 1913C- 1303. Reference, termination of authority of referee. 1918C-616. Religious societies, termination of exist- ence. 1918D-1056. Society or club, termination of member- ship. 1913C-398. Workmen's compensation allowance, ter- mination under act. 1916E-894; 1918B-733. TERM OF OFFICE. See Public Officers. TERRACES. Building restrictions affecting location of terrace. 1914A-6. 850 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TERRITORIES. Condemnation of lands within territory, power of United States. 1918E-43. Decisions of territorial court in criminal cases as reviewable by federal circuit court of appeals. 9-394. Jury, right to trial by jury under fed- eral constitution. 1-704. Taxation of personalty on government reservation, right of territory to tax. 14-964. TEXT-BOOKS. See Schools. THEATERS AND AMUSE MENTS. 1. In General. 2. Statutory and Municipal Regulation. 3. Duties and Liabilities as to Patrons. See Exhibitions and Fairs. TESTAMENTARY CAPACITY. See Wills. TESTAMENTARY GIFT. See Wills. TESTIMONY. See Evidence; Witnesses. Contract to procure testimony, legality. 13-212; 1912A-657; 1914C-454. Libel and slander, testimony of witness as privileged. 15-773; 1918A-822. TEST ORDER. Power of Public Service Commission to make. 1917E-794. TESTS. Defect in appliances purchased by car- rier of passengers from manufacturer, liability where defect not discover- . able by known tests. 1916E-936. Goods sold subject to test, implied war- ranty. 1916A-956. Physicians and surgeons, failure of sur- geon to make test before operation as malpractice. 1918A-S83. Pleading, test of inconsistency in fact. 1917C-713, 757. TETANUS. Accidental injury , within insurance policy. 2-141. Workmen's compensation, tetanus as acci- dent arising out of, and in course of, employment within act. 1914B-499; 1918B-789, 791. 1. In General. Amusement contracts. 1914B-2; 1917C-391. Baggage, theatrical and like paraphernalia as baggage. 21-735. Carriers, contract between circus owner and carrier limiting liability of latter for injuries to employee, validity and effect. 12-1077. Independent contractor, person employed or contracting to give exhibitions. 1918C-656. Infringement of copyright or trade name, dramatic copyright, what constitutes infringement. 14433. name of theatrical performance as in- fringed by use of similar name. 1915B-345. Juries, allowing jury to attend theatrical performance during trial as ground for new trial. 14-534. Mechanic's lien on fittings and appliances in amusement places. 1912B-28. Moving pictures, law of. 1916C-301, 317, 31S. Municipal corporations, power of city to conduct theater or opera-house. 1915A-758. Penny arcade, operator as dealer. 1917A- 960. Theatrical promoter as engaged in "trade." 1916A-1201. Transportation of property intended for exhibition purposes, measure of dam- ages for carrier's delay. 5-827; 1918E-1057. 2. Statutory and Municipal Regulation. Dance-halls, state or municipal regulation. 1915C-1110. THEATRICAL PERFORMERS THING PATENTED. 851 THEATERS AND AMUSEMENTS Con- tinued. Equal rights in places of public accommo- dation, statutes securing. 9-69; 1912B-860; 1916B-729. Fire or police protection, right to com- pel proprietor to furnish at his own expense. 20-361; 1916A-1183. Horse-racing, validity of statute li- censing or regulating. 8-1016. Immoral show or exhibition, right of mu- nicipality to suppress. 1915B-322. Liberty of speech and press as violated by censorship and restriction on exhi- bitions. 1915B-1186. Moving pictures, statutory regulation. 1913E-1306; 1915C-1214. Police surveillance of place of amusement, injunction against. 5-4S3; 1913B- 713. Scalping of tickets, validity of prohibi- tory statutes. 9-749. Sunday laws, amusements or exhibitions within prohibition of law. 16-406; 21-681; 1914C-782. engaging in labor or amusement as of- fense at common law or under stat- ute other than Sunday law. 1918B- 387. 3. Duties and Liabilities as to Patrons. Admission to place of amusement, rights of purchaser of ticket. 5-346; 8- 529; 12-422; 1913E-560; 1916B-729; 1916D-464. Bathing resort or beach, duty of proprie- tor to patrons. 8-982; 1913D-1217. liability of bath-house proprietor for loss of property of patron. S-91. Fireworks exhibition, liability of pro- moters for personal injuries resulting from their negligence. 1918D-972. Municipal corporations, liability for un- safe condition of building maintained for public amusement. 1918D-115. Property of patrons, duty of owners of places of amusement. 5-929. Public entertainment not given for profit, liability of organizer or promoter for personal injuries. 1917E-238; 1918D- 972. Safety and protection of patrons, duty of owners and managers of exhibitions THEATERS AND AMUSEMENTS Con- tinued. and places of amusement. 5-926; 15- 517; 1915B-546; 1917D-931, 933; 1918E-1073. Scenic railway or similar contrivance, pro- prietor as carrier of passengers. 17 410; 1917D-93Q. Nuisance. Crowd attracted by exhibition or enter- tainment obstructing street as nui- sance. 1916B-971. Noise arising from exercise of lawful amusement as nuisance. 4378; 19- 993; 1912B-428. Skating-rink as nuisance. 19-104. THEATEICAL PER- FORMERS. Contracts for services. 1914B-5; 1917C- 393. THEFT. See Larceny. THEN. Legal meaning in construction of will. 1913B-321. THING. Legal meaning of word. 1915A-25. THING- ADJUDGED. Legal meaning of phrase. 1915A-32. THING DULY DONE. Legal meaning of phrase. 1915A-32. THING IN ACTION. Legal meaning of term. 1915A-31. THING OF VALUE. Legal meaning of term. 1915A-30. THING PATENTED. Legal meaning of phrase. 1915A-32. 852 INDEX TO THE NOTES, 1 ANN. AS. TO ANN. CAS. 1918E. THIRD DEGREE. Confession, admissibility as affected by fact that accused was tied, chained, shackled, incarcerated in dark cell, etc. 1912B-1056. THIRD PERSONS. See Strangers. Agency, delegation of authority by agent as affecting relations between prin- cipal or agent and third person. 1915D-17, 22. Appliances furnished for use by servant of another, duty and liability of per- son furnishing for injury to such servant. 9-990; 1913C-754. Assignment of mortgage, rights of as- signee as against equities in favor of third persons. 1918C-490, 512, 518. Attachment as waived as against third person by enlarging original claim. 18-1022. intervening rights of third person as affecting appeal by plaintiff in attach- ment from judgment for defendant. 1913B-183. Attorneys, contract with third person to procure legal business, validity. 2- 836; 17-690. negligence or breach of duty of attor- ney, liability to third persons. 1917B-45. Automobile maker's liability to third per- sons for defective construction. 1913B-694; 1917E-584. Banks, right to pay money on deposit to third person claiming adversely to de- positor. 1912C-125. Chattel mortgages, injury or conversion of pledged property by third person, right of action of chattel mortgagor. 21-80; 1917D-554. leaving property in possession of third person as sufficient to dispense with filing of instrument. 1915C-605. rights of junior mortgagee as against third persons. 1916A-864. Coal-hole in sidewalk left open by third person, liability to pedestrian for in- juries. 1917D^496. Compromise by attorney of client's cause of action as affecting third persons. 21-58S. THIRD PERSONS Continued. Conditional sales, effect as to third per- sons of sale of goods to retailer for purpose of resale. 1916A-90. property sold for purpose of being at- tached to realty of third person, rights of parties. 1916D-915. Confession of third person, admissibility in criminal case. 1913E-722. Contracts by intoxicated person as void- able where rights of 'third persons have intervened. 1918E-333. Death of human being as element of re- covery in civil action between third persons. 1917B-886. Debt secured by pledge of decedent's per- sonalty, validity as against estate. 1912C-982. Deposit of deed with third person to be delivered after grantor's death, effi- cacy. 1915C-378, 385, 3S8. / Divorce proceeding, right of third person to intervene. 1913E-429. Dower, release to third person, right of married woman by express contract with husband. 1917A-57. Dying declaration of third person as ad- missible in prosecution for homicide. 1913C-414; 1918C-581. Electric wire cut by third person, liabil- ity of one maintaining wire. 21- 1100. Eminent domain proceedings, right of third person to appeal. 1914D-1142. Eviction of tenant by act of third per- son. 1915C-396, 408. Executor de son tort, validity and effect of acts with respect to third persons. 1912A-534. Executors and administrators, personal liability for tortious or negligent acts of third person. 21-355. Fraud of third person as defense to ac- tion on guaranty. 1916A-506. Frauds, statute of, contract for joint pur- chase of goods from third person as within statute. 1918C-744. Gaming contracts, evidence admissible, other transactions between party and third person on issue whether con- tract is for future difference. 1914D- 89. THIKD PERSONS. 853 THIRD PERSONS Continued. Garnishment, money standing in name of debtor but belonging to third person as reachable. 1917C-1145. Gift causa mortis as created by delivery of key of box or other receptacle of property to third person as sufficient delivery to support gift causa mortis. 2-1003; 1914A-531. Gratuity from third person as mitigation of damages. 1-213; 10-794; 1915C- 893. Homicide, injury to third person in as- sault on another with intent to kill or murder as criminal offense. 8 789; 1912A-1063. Independent contractor, liability for injury to person or property of third person sustained after completion of work. 4-228; 1912B-710. Indorsement of negotiable instrument made by third person as forgery. 1915A-1047. Innkeepers, lien on property of third per- sons in possession of guests. 3-626; 12-404. Judgments, effect of partial assignment of judgment as between assignee and third person. 1913E-845. Labor unions, validity of rule affecting third persons. 1918D-653, 668 1 . Landlord and tenant, defects in premises, liability of landlord to third persons as affected by his agreement to re- pair. 2-466; 12^9; 1915B-165; 1916C-815. injury to leased premises by third per- son, liability to landlord. 1912D-120. Libel and slander, conversation over- heard by third person as affecting privilege of communication within law of slander. 1917E-699. investigations before legislative com- mittee, privilege of third person pub- lishing matters. 1916B-1066. reflection on third person in criticising candidate as constituting. 1914C- 1002. statement by third person to master with respect to character of domestic servant as privileged. 1917A-347. Lien on stock in favor of corporation, provision in charter, statute or by- law as affecting third person. 1918D- 371, 375. THIRD PERSONS Continued. Malicious prosecution, liability of one advising or procuring third person to institute proceeding. 1918A-485. Mandamus, right to compel performance of act as affected by necessity of approval or co-operation of third per- son. 19150-132. Marriage between third persons, validity of contract made to induce. 1918C- 820. Master and servant, duty of master to fur- nish safe appliances or safe place to work as applicable to servant sent to work on premises of third person. 1913B-796. master's liability for damage caused to third person by fire started by ser- vant. 1914A 1102. ^servant's liability to third person for injuries caused by defects in machin- ery or other instrumentalities fur- nished by master. 1913B-725. Mercantile agency, rights and liabilities between agency and third person. 1916D-753. Mortgages, construction of absolute deed as equitable mortgage in favor of third person. 1917C-970, 979, 981, 985. injuries caused to mortgaged premises by third person, right of mortgagor to sue. 1913A-652. Municipal franchise to public service cor- poration, alteration of terms, right of third person who may derive ben- efit to object. 1913D-1089. Negligence, failure to use due care toward third person as actionable negligence for injury to another. 1013E-927. gas company's liability v for injury caused by escape of gas from pipes as affected by negligence of third per- son. 1914C-353; 1916E-280. liability of owner or occupant for neg- ligent act of third perso'n committed on premises. 1914D-91. Outstanding title in third person, right of defendant in detinue or replevin to show. 1912D-20. Partnership, intent as essential to creation with respect to third persons. 1916E- 441, 444. Payment, right of third person to control application. 1917C-582. 854 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. THIRD PERSONS Continued. Personal liability of superior servant to third person for act of underservant. 1915C-106. Promoter's contracts, liability of corpora- tion to third persons. 8-262; 1916C- 105. Public officer having fixed compensation, right to recover from third person for act performed within scope of offi- cial duty. 1913D-579. Eailroad company's liability to third per- son for injury from fire started by employee on right of way. 1914A- 1102; 1917B-1054. Beplevin bond by plaintiff as inuring to benefit of third person adjudged to be entitled to property. 1913D-1106. Seizure of property of third person as evi- dence, right of officer making arrest. 1915C-964. Statute of frauds as available to third person. 21-1388. Threats of third person to commit crime charged against defendant, admissi- bility in criminal prosecution of lat- ter. 1913A-731. Tort of third person, right of action of principal or agent. 1915B-1297. Vendor's implied lien as waived by taking security from third person. 13-S69; 1914D-1225. "Witnesses, communications to attorney in presence of third party as privileged. 1913A-18. statement by spouse in presence of third person, competency of other spouse to testify to conversation. 1916B-602. transactions between decedent and third person as affecting rule of incom- petency of witness to testify to trans- actions with decedent. 1913E-795. Workmen's Compensation Act as applica- ble to injury to employee by third person. 1915D-156. recovery against third person as pre- cluded by recovery under act. 1916B-1224; 1917E-682. THIRD-RAIL SYSTEM. Duty of railroad with respect to em- ployees and trespassers. 21-750. THREAD. Trademark or trade name as infringed by similar name. 1915B-346. THREATS. Accusation of crime, threat to accuse as criminal offense. 9-196; 1917B-134. Blackmail, sufficiency of allegations in in- dictment for conspiracy therefor as to object and means of accomplishing conspiracy. 21-43. Cruel and unusual punishment for send- ing threatening letter. 19-731. Demand for payment of debt, criminal lia- bility for threat of prosecution in connection with demand. 1917E-246. Duress, contract induced by threats of criminal prosecution against friend or relative other than parent, child or spouse. 1917C-1026. threat of abandonment by spouse as duress. 1917A-174. False imprisonment accomplished by threats of force. 1912D-728. Forcible entry as constituted by threats and display of force without actual force. 15-804. Homicide, threat of death accompanying assault as assault with intent to mur- der. 1913A-202. Impersonation of officer and threatening bodily injury or arrest as constituting money obtained thereby robbery. 12- 63. Jury, threatening jurors to procure verdict as constituting coercion by court. 1912D-448. Letters, anonymous letter, sending as criminal offense. 1917C-699. "threatening letter," what is within statute prohibiting sending. 1912B- 457. Liberty of speech and press as infringed by statute prohibiting communication of threats. 15-8. Money paid under coercion of threats to begin criminal prosecution, recovery. 3-107. Kesisting officer, threat as element of of- fense. 17-404. Strike threat in attempted coercion of em- ployer as unlawful act. 3-974. THRESHERS' LIENS^-TICKETS AND FARES. 855 THREATS Continued. Third person, threat to commit crime charged against defendant, admissi- bility in evidence. 10-323; 1913 A- 731. Uncommunicated threat as admissible in evidence in prosecution for homicide. 1912C-480. THRESHERS' LIENS. See Liens. TICKET AGENTS. Information as to route given passenger, liability of carrier for error. 13-96S. TICKET BROKERAGE. Hawking and peddling regulations as ap- plicable to ticket scalpers. 1912D- 1292. Prohibitory statutes, validity and effect. 6-873; 8-649; 9-972. Statutory regulation of railroad ticket brokerage as burden on interstate commerce. 7-14; 1917A-997. Theater tickets, validity of statutes pro- hibiting scalping. 9-749. TICKETS AND FARES. Amusement place, rights of purchaser of ticket of admission. 5-346; 12-422; 1913E-560; 1916D-464. Commutation rates, validity of order by Public Service Commission regulating. 1917B-1153. Connecting lines, validity of statute re- quiring carrier to sell tickets for. 1913E-613. Coupon "void if detached," or words of like import, construction of stipula- tion in railroad ticket. 19-457. Discrimination between localities as to rates of fare by carrier of passengers. 18-149. Extra fare, refusal to pay as giving rail- road company right to eject passen- ger where sufficient opportunity to buy ticket was presented. 10-923; 1913A-1198. Fixed rate per mile for carrying passen- gers, validity and effect of statute re- quiring. 21-191. TICKETS AND FARES Continued. Free transportation, constitutional or statutory provisions against receipt or gift. 17-662; 1915D-559. Invalidity of passenger ticket through fault of carrier, right to eject pas- senger. 1912C-730; 1914D-922. Larceny of railroad tickets. 14179; 1914D-649. Limitation of baggage liability of car- rier to certain amount, validity and effect of stipulation on passenger ticket. 1912B-285. Mileage tickets, manner of using, validity of order of public service or railroad commission regulating. 1915A-1031. reasonableness of condition attached to sale of mileage-book. 1914B-915. Nonpayment of fare, right to eject sick passenger. 1915D-145. Nontransferable tickets, injunction to prevent buying and selling. 12-700; 1913B-475. Payment of fare into box, register or the like, validity of rule requiring pas- senger. 1912C-1290; 1918D-473. Place of contract of railroad ticket pur- chased by passenger. 1912C-542. Production of ticket or payment of fare, duty of carrier to give passenger time. 20-922. "Rate of fare," or "fare," meaning as used with respect to passenger traffic. 21-91. Reduced rates or free transportation for militia or state or public officers, va- lidity of statute requiring. 1913E- 498; 1916E-959. refusal of carrier to transport passenger at rate charged other persons of same calling, right to recover dam- ages. 1912A-159. validity of statute requiring reduced rates for certain classes. 2420; 9- 1130; 1912C-841. Second fare, duty of passenger to pay to avoid ejection. 1913B-1209. Seller of railroad tickets as dealer. 1917A-961. State regulation of passenger tickets as interference with interstate com- merce. 7-14; 1916B-326. Statutes relating to passenger tickets and passes, effect of partial invalidity. 1916D-85. 856 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TICKETS AND FARES Continued. Steamship ticket limiting baggage lia- bility, validity and effect. 9-913. Street-car transfers, prohibition against selling or giving away, validity of statute or ordinance. 11-557. validity of rule with respect to use of transfers. 1916D-586. Tender of fare to carrier after refusal to pay as affecting duty of carrier. 10-941; 1913C-1246. what is reasonable rom to tender in payment of fare. 10-642; 18-44; 1918D-182. Through ticket sold by passenger carrier, liability for wrongful acts or omis- sions of connecting carriers. 3-5; 1916A-493. Ticket or pass fraudulently procured or under which passenger has no right to transportation, liability of railroad to person riding on. 7-587; 20-1227; 1913E-235. Time limit fixed by carrier of passengers for use of ticket, effect upon rights of purchaser. 6-119; 20-316. Worn or mutilated money tendered in payment of fare, duty of carrier to receive. 1912C-642. TIDE-LANDS. See Waters and Watercourses. TIDES. High and low water mark, meaning of term "ordinary." 17-149. Loss resulting from rise or fall of tide as due to act of God. 1917A-450. TIE VOTE. See Elections. TIMBER. See Trees and Timber. TIME. "About," meaning when used with refer- ence to time. 17-742. Acknowledgments, certifying authority of officer taking acknowledgment after taking as sufficient. 1915D- 1240. TIME Continued. Actual or conventional time as governing transactions and proceedings. 9-329; 1913E-68. Age, time of arrival at specified age. 9-269; 17-906. "Any time," legal meaning. 1916E-90. Appeals, computation of time for appeal or writ of error as affected by mo- tion for new trial or rehearing. 3- 630. death of judgment plaintiff as affecting time to appeal. 7-393. notice of appeal, time for filing. 9- 731. validating appeal taken after time to appeal has elapsed, validity of stat- ute. 1913D-1261. waiver of right to notice of judgment required to set statute of limitations running against right of appeal. 1913B-439. "At" as word of time. 1912B-1075. Bankruptcy, examination of bankrupt, time for. 19-1039. period within which preferential trans- fer is invalid, construction of provi- sion computing from record or registry thereof. 1914D-706. time in proceedings when bankrupt's title to property is divested. 9-544. Bills and notes, extension of time of payment or agreement to extend, construction. 1918B-157. Bills of review, time within which bill must be brought. 6-330. Carrier of goods or livestock, contract limiting time to bring suit, validity and effect. 1913E-868. presentation of claim, validity of con- tract, stipulation limiting time. 9- 17; 14-416; 1914A-231. Carriers of passengers, production of ticket or payment of fare, duty of carrier to give passenger time. 20- 922. Contracts by correspondence or telegrams, time when offer and acceptance is complete. 6-378. Conversion, corporate shares, time as factor in determining damages for conversion. 18-608. necessity for alleging time of conver- sion in complaint in action for trover and conversion. 1913A-879. TIME. 857 TIME Continued. Criminal law, accused's right to time to prepare for trial as waivable. 17 522. Death, time of death within rule as to presumption from absence. 191 7A- 82. Dower, time for assertion of wife's right of dower on setting aside fraudulent conveyance. 15-447. Ejectment, time as to which judgment speaks. 13-1092. Elections, filing certificate of nomination under election or primary law, con- struction of statute as to time. 1914A-1135. statutory provision as to time of elec- tion as directory or mandatory. 1913E-371. Eminent domain, devotion of appropriated land to public use as necessary within reasonable time. 1915B-993. Employment contract, time as of essence of contract. 1918D-756. Equitable conversion, time of conversion of realty ordered sold by court. 1912A-509. will directing sale of land at future time as affected by definiteness or in- definiteness of time specified. 17 643. Evidence, execution of written instrument varying from expressed date as showable by parol. 1913A^96. Extension of time, accommodation party as discharged under negotiable in- struments law by extension of time to principal debtor. 1913C-527. attorney's power to extend time for payment of collection. 1913B-1295. mortgagor's personal liability as re- leased by extension of time to grantee who has assumed mortgage debt. 9-259. --negotiability of promissory note as af- fected by extension for time of pay- ment. 17-55; 1914B-210. ---parol agreement for extension of time of payment of note as valid and enforceable. 1914A-103. removal of causes to federal court, ex- tension of time by order of court or stipulation. 14-268. surety as discharged by extension of time to principal. 5-442; 1914B- 1080. TIME Continued. Federal statute superseding state statute, point of time at which operates. 17-1016. Fire insurance, contract limiting time for bringing suit after the fire. 10-824. furnishing proofs of loss within pre- scribed time as condition precedent to action on policy. 15-335; 1912C- 604. sole and unconditional ownership, time to which clause in policy relates. 7-1155. time of taking effect of policy as sub- ject to modification by parol evi- dence. 1914C-64. Fires, time and distance traveled by fire as element in determining proximate cause of injury resulting from fire set by railroad. 3-386. Income tax, time of accrual under federal statute. 1913C-990. Indictment, blank date alleged for com- mission of crime, sufficiency. 19-930. commission of crime fixed at future or impossible date, validity of indict- ment or information. 6-854; 1913B- 1043. "on or about" certain date, sufficiency of charge of commission of offense at such time. 7-775. Infants, disaffirmance of contract after majority, what constitutes reasonable time. 1917D-413. Injunctive relief as dependent on condi- tions at time of trial or time of in- stituting suit. 1915D-1252. Judicial notice of matters relating to time. 21-350. time designated by abbreviations, judi- cial notice. 17-495. Jury, time of exercise of right of per- emptory challenge. 19-766. Landlord and tenant, designation of time of termination of tenancy in notice to quit by tenant. 4-628. return of premises in condition they "now" are, time referred to in lessee's covenant. 15-881. Letters, mailing, presumption as to time of. 19-654. receipt of letter, presumption as to time. 1917E-1068. 868 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TIME Continued. Lighting of street crossings by railroads, time for under municipal ordinance. 1912D-406. Limitations of actions, absence of debtor from state as applicable to nonresi- dence at time of accrual of action within exception in limitation statute. Loss of time, infant's personal injuries, loss of time as element of damages. 8-1107. passenger carried beyond destination, loss of time as element of damages. 16-189. property loss as including loss of time as element of damages. 17-1080. Mandamus, expiration of time for assess- ment as affecting right to mandamus to compel officer to act. 1912B-787. Mechanic's lien, time for filing as ex- tended by substitution of new ma- terials for those already furnished. 1912C-217. Mines and minerals, time of determina- tion of mineral or nonmineral char- acter of public land. 1912A-1308. Municipal corporations, lapse of time as conferring taxing jurisdiction by mu- nicipality over certain locality. 1913A-1342. time of accident, sufficiency of statu- tory notice of claim against munici- pality with respect to description of time. 1918E-1026. Payment, application of payment, time when creditor may make. 1913E-S95. presumption of payment from lapse of time as rebutted by institution of- legal proceedings. 7-723. promissory note, certainty as to time of payment as affecting negotiability. 1912D-6. right of debtor to pay debt before ma- turity. 17-151. Pleading, appellate court, amendment of pleading to conform to proof. 1913E-1315. -default judgment, right to amend plead- ing thereafter. 1913B-481. trial, amendment of pleadings on trial. 5-674. verdict, amendment of ad damnum clause after verdict. 1913B-709. TIME Continued. Public officers, eligibility to office as re- lating to time of election or time of taking office. 11-950; 20-992. qualification by officer, time prescribed by statute as directory or mandatory. 1915D-412. resignation of public officer as effective prior to time of appointment or elec- tion. 1915C-346. Reasonable time, baggage of passenger, what is reasonable time to call for after arrival. 16-712; 1915B-634. bills and notes, what constitutes rea- sonable time for transfer of demand note. 1912A-476. boarding or alighting from train, duty of carrier to allow passengers rea- sonable time. 7-760; 14-962; 1912O- 794. cheek drawn on bank in same place as residence of payee, presentment of check for payment within reason- able time. 10-1121. consignee's removal of goods from premises of carrier, reasonable time for removal. 21-531. delivery of goods sold, reasonableness of time as question of law or fact. 6-245. infant's disaffirmanee of deed, what constitutes reasonable time. 1912C- 778. limitation of actions, reasonable time for commencement' of suit upon ex- isting causes as necessary to con- stitutionality of new limitation act. 8-525; 14-352. master's promise to repair, reasonable time for performance with respect to servant's assumption of risk. 1913C 511. process, reasonable time for going to and returning from court as applied to privilege from service of process. 11-1147. sales, return of goods under contract of "sale or return," reasonableness of time as question of law or fact. 14-331. Receivers, time when right or title of receiver vests. 20-551. Bent payable at what time of day. 1912D-387. Eeplevin, time for making demand neces- sary to support action. 14-815. TINNERS. 859 TIME Continued. Kestraint of trade, contract by servant not to engage in similar business as master, time as element in determin- ing validity. 8-155. time unlimited with respect to not en- gaging in particular business as af- fecting validity of contract. 16-254. Specific performance, allowance of time for perfecting title in suit for specific performance. 1912A-323. enforceability of. contract on failure of vendee to make payments as de- pendent on whether time of payment is essential element. 1913D-933. Statutes, "passage of act," meaning of statutory terms applying to time of. 3-737; 21-989. signing or rejecting bill passed by legislature, computation of time al- lowed executive. 6-717; 1912A-801. veto of bill, evidence of time of veto. 19-838. Stolen property, lapse of time as con- ferring title. 19-751. Subscription, time of acceptance of sub- scription as affecting enforceability. 17-1078. Succession tax acts, time for taxing fu- ture estates thereimder. 5-237. Taxation, correction of irregular tax deed as affected by lapse of time. 1912B-954. -presumption of payment from lapse of time. 1915D-186. Telegraphs and telephones, claims for damages or statutory penalty, va- lidity of stipulation on telegraph blank requiring presentation within certain time. 4-613; 14-192; 1912B- 520. Trees and timber, conveyance not specify- ing time for removal, rights of grantee. 12-918. reservation of standing timber in con- veyance, time within which timber must be removed. 6-249. Unauthorized time, right to amend juris- dictional writ made returnable at such time. 1913A-556. Wages, validity of statute regulating time of payment. 9-238; 13-482; 1916B- 135. Wills, competency of attesting witness to will, time as to which competency is to be determined. 15-889. TIME Continu e d. inquiry as to testamentary capacity. time to which should be limited. 18- 905. lapse of time as raising presumption of payment of legacy. 2-747. nuncupative will, statutory restrictions as to time of making. 3-317; 14- 1164. regularity of probate or administration, presumption from lapse of time. 1913A-1038. "then" in will construed as denoting time. 1913B-321. time from which pecuniary legacies draw interest in absence of govern- ing provision in will. 6-525; 1912B-- 244. Witnesses, memory affected by lapse of time as impairing weight of testi- mony as to oral statements. 18-1195. Computation of Time. Fractions of day in computation of time. 2-135; 19140-95. "From" as word of inclusion or exclusion in computation of time. 15-27 ; 1918A-924. "Half," legal meaning of term "half" as applied to year or month. 1913E- 1015. Limitation against action, inclusion of day of accrual of action in com- puting. 12-58; 1913D-1068. Mechanic's lien, computation of time for filing lien as dating from completion or from acceptance of work. 1912A- 908. Sundays and holidays, exclusion or inclu- sion of Sunday or holiday in com- putation of time. 1917E-934, 949, 952. . performance of act under court rule where last day falls on Sunday, com- putation of time for. 1914B-1036. statutory requirement for performance of act, computation when last day falls on Sunday. 7-325; 20-1318. "To," meaning of word "to" in computa- tion of time. 2-518. TINNERS. Tinner as engaged in "trade." 1916A- 1201. 860 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TIPS. Anti-tipping Act, validity and construc- tion. 1918D-238. Earnings or wages, tips as constituting part of. 14-336. Workmen's compensation, tips as part of average weekly earnings or wages of employee under Workmen's Compen- sation Act. 1918B-1122. TIRES. Width on vehicles, validity of ordinance fixing width. 21-1222. TITHES. Honey and wax of bees as tithable. 1917B-991. TITLE DEEDS. Client's title deed, right to compel at- torney to produce. 1916A-68. TITLE GUARANTY COM- PANIES. Abstracts of public records, right to make without payment to custodian. 6- 543. TITLE INSURANCE. Law of title insurance. 1914D-637. TITLES. See Abstracts of Title; Adverse Posses- sion; Quieting Title. Agency, agent receiving moneys or prop- erty, right to deny title of prin- cipal. 8-570; 13-1184. Animals, ownership as evidenced by brands. 12-414; 18-544. offspring, title to. 14-338. Bailment, right of bailee to deny title of bailor. 19-521; 1918E-1201. Bankruptcy, property of bankrupt in foreign country, effect of assign- ment in bankruptcy on title. 21- 1040. TITLES Continued. time of divestiture of title of bank- rupt. 9-544. Banks, advancement of money on se- curity of bill of lading with draft attached, title to goods. 14-1053. Bills and notes, instrument fraudulently procured from marker, title acquired by payee by repurchase after transfer to innocent third person. 8-626. retention of title to property pending payment of note as affecting nego- tiability of note. 14-1129; 20-1333; 1912D-10. Boundary proceedings, conclusiveness upon title to land. 3-1064. Corporations, ultra vires purchase of land, effect on title. 17-529. Crops sown by trespasser, title to. 21- 431. Deed given in official capacity, extent of title passing. 11-731. Evidence, admissibility of acts or state- ments of defendant while in posses- sion to show title to personalty levied on in execution or attachment. 1914D-690. declarations or admissions of grantor made while owner of personalty as evidence of title against grantee. 1912C-1210. oral testimony as admissible to prove title to personalty when written evi- dence exists. 1914C-118. unprobated will, admissibility to prove title. 1916A-887. Fire insurance, government title as breach of insurance condition of un- conditional ownership. 10-333. reaequisition of title after sale as vio- lation of clause in policy prohibiting change in title. 1917C-934. sale and mortgage back of property as violation of condition as to uncon- ditional ownership. 12-259. spouse's title to insured property as violation of sole and unconditional ownership clause. 1912B-269. vendor's lien as breach of uncondi- tional ownership clause. 7-57. Husband and wife, jewelry bought for wife with husband's money, owner- ship as between spouses. 16-508. TITLES. 861 TITLES Continued. "Interest" as including or excluding title, when used with respect to transfer of property. 1912B-524. Joint adventure, title to property ac- quired by joint adventure. 17-1023; 1912C-202; 1916A-1211. Judicial sale as passing title of all par- ties. 1914D-283. title based on adverse possession, judi- cial sale as enforceable against pur- chaser. 1912D-1179. Landlord and tenant, estoppel of tenant to deny landlord's title in action to recover premises. 1912D-101. judgment against tenant affecting title, effect upon landlord. 5-61; 19-263. tenant in possession before leasing, as estopped to deny landlord's title. 1913A-1069. Libel, significance of title or headline as v determining whether article is li- belous. 13-375. Marketability of title to realty, admissi- bility of opinion evidence. 21-840. Partition allotments, estoppel of pur- chaser from one allottee to deny title of another allottee. 1915A-949. Patent, jurisdiction of state court of action to determine title. 1916B-806. Probate court, jurisdiction to determine questions of title to property be- tween estate and stranger. 6-878. questions involving incidentally title to real estate, power of probate court to determine. 5-192. Public officers, mandamus proceedings in- volving title to office, necessary par- ties respondent. 2-553. quo warranto to try title to public office, right of private individual to file. 6-464; 13-1063. Real property, assertion of paramount title by one of two parties deriv- ing title from common source. 16 652. partial invalidity of statute relating to title of real property, effect. 1916D-47. Receivers, national bank assets, title of receiver. 1-296. time when title vests in receiver. 20-551; 1916D-604, 613. TITLES Continued. Replevin, necessity of allegation as to ownership in replevin complaint. 11-1150; 1912A-333. right of defendant in detinue or re- plevin to show title in third person. 1912D-20. want of title in plaintiff as showable under general denial in replevin. 20- 298. Sales, article in course of manufacture to be paid for in instalments, passing of title. 10-141. draft attached to bill of lading to seller's order, effect on passing of title to goods. 5-263. effect on passing of title of agreement by one party to insure. 1914B-708. goods sold from mass, when title passes. 9-26. reservation of title by parol at time of conditional sale of personalty, valid- ity and effect. 13-866. successive deliveries of goods, rescis- sion of contract on account of non- payment of instalment. 3-901; 11- 1049; 1913D-1021. Uniform Sales Act, passing of title to goods under act. 1918D-400. "Satisfactory" to vendee, construction of provision in executory contract for sale of land. 8-273; 1915C-536. Search-warrant proceedings, right to try title to personalty. 1014D-172. Slander of title, burden of proof in ac- tion for slander of title to realty. 1913C-1362. damages recoverable for slander of title. 21-221. malice as essential element of cause of action. 1916D-317. who may sue for slander of title. 1913C-1360. Stock carried on margin, ownership as be- tween broker and customer. 14-986. Stolen personalty, acquisition of title by lapse of time. 19-751. Tax deed valid on face, acquisition of title under. 16-1144. Torrens Acts, title of applicant for reg- istration under Torrens Acts. 12- 836. Trademarks, title of periodical publication as subject to. 14-274. 862 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TITLES Continued. Trees or timber, title as prerequisite to injunction against injury. 11-459. Trust deeds, legal title as vested by trust deed. 1913A-1049. Turnpike, title after expiration of fran- chise. 13-665. Vendor and purchaser, estoppel of pur- chaser to deny vendor's title. 1912C 404. inability of vendor to make title, measure of damages for breach of contract to sell land. 2-634; 1917B- S58. "Warranty of title, assignment of chose in action "without recourse," implied warranty. 1912A-925. entry on land under right of eminent domain as breach of warranty of title. 10-1079. implied warranty of title on sale of chattels. 16-59. measure of damages for breach of war- ranty of title on sale of goods. 7-937; 1912B-1340. Title of Statutes and Ordinances. Constitutional amendments, constitutional provision relating to title and sub- ject matter of statutes as applicable. 1916B-1004. Construction of constitutional provision relative to title of statutes. 1-584; 1915A-79. Intoxicating liquor law, validity under constitutional provision as to title and subject matter of statutes. 20-323. Laundries, sufficiency of title of act regu- lating. 21-982. Municipal ordinance, necessity that title fully express subject matter. 1912C 192. Penalty or punishment not mentioned in title, validity of statute. 1912D-157. Title broader than act itself as affecting validity of statute. 1912A-102. TO. Meaning of word in computation of time. 2-518. TOBACCO. Advertising, prohibitory statutes. 1916A 905. Cigarettes, importation, right of state to prohibit. 9-360. smoking cigarettes, validity of statute or ordinance forbidding. 1912D-191. what are cigarettes. 14-934. Seller of tobacco as "dealer." 1917A-953. Smoking in public place, validity of stat- ute or ordinance forbidding. 1915 A- 1058. Tobacco as food. 1913E-1293; 1917A-181. Trademark or trade name as infringed by similar name. 1915B-346. TOBACCO FACTORY. Nuisance arising from operation. 20-732. TOES. Injury to toes, inadequacy of verdict. 1916B-441, 450. t TOILET PREPARATIONS. Alcohol content as bringing toilet prepa- ration within purview of intoxicating liquor statute. 13-638; 1917C-909. TOILET-ROOMS. Carrier's duty to provide for passengers. 1916A-408. Public lavatory constructed in street as nuisance or as entitling abutting owner to damages. 1918D-906. Wash room for employees, validity of statute requiring master to furnish. 1915D-991; 191SE-622. TOLL-GATES. Meaning of word "near" with respect to location. 1913I>-121. TOLL ROADS AND BRIDGES. Bridges, collection of tolls, right of county or other municipality to col- lect on bridge under its control. 1914D-515. TOLLS TORTS. 863 TOLL ROADS AND BRIDGES Con- tinued. compensation payable on purchase of toll bridge by municipality. 1915R- 1180. safe condition for travel, duty of pro- prietor with respect to toll bridge. 11-1198. "Highways" or "public highways," term as including toll roads. 17-804. Purchase by municipality, special elements of value in determining compensation payable. 1915R-1179. TOLLS. Bridges under control of county or other municipality, right to collect tolls. 1914D-515. Taxation of vehicles for privilege of using municipal streets as in nature of toll. 5-908. TOMBSTONES. Bequest for purchase or care, validity. 15-606. Contract to make tombstone as within statute of frauds. 10-309. Liability of decedent's estate for cost of monument or tombstone. 1917B-256. Monument, meaning of term as used in will. 19-1158. Sum appropriated in will for tombstone as subject to succession tax. 17-853. TOOLS Continued. Exemption statute, meaning of term "necessary" as applied to tools. 1918D-176. Furnishing tools as test of independence of contractor. 19-19. Inspection by master, duty as to common or simple tools. 7-342; 1912A-1004. Mechanic's lien, right of one who rents tools for use by contractor. 15-383. tools for construction work as "mate- rials" for which mechanic's lien may be had. 1912B-227; 1915B-966. Negligence of fellow-servant in selecting from supply provided, liability of master. 2-909. Vehicle as "tool" within exemption stat- ute. 1917D-96. TORNADOES. Appropriation of public money for relief of sufferers. 1-936. Storm contemplated by policy of cyclone or tornado insurance. 1913A-272. TORPEDOES. Duty and liability of master to servant with respect to use of railroad tor- pedoes. 19-1097. Person other than servant of railroad company injured by railroad torpedo, liability of company. 1914C-1101. TONTINE POLICY. Eelation between insured and insurer under tontine policy as fiduciary in nature. 1915B-638. TORRENS ACTS. Validity and proceedings under 12-834; 1913C-871; 1918E-184. act. TOOL-HOUSE. Burglary, description in indictment, suffi- ciency. 1913D-875. TOOLS. Baggage of passenger, tools as constitut- ing. 21-735. Deadly weapon, tool as. 1912A-1333. Employee stopping work to obtain tools as affecting relation of master and servant. 191SA-1197. TORTS. 1. In General. 2. Who Liable. 3. Joint Tort-feasors. See Municipal Corporations; Negligence. 1. In General. Act lawful in itself not rendered unlawful by malicious motive. 1-250; 16-810; 1912D-79S; 1916C-438. Admiralty jurisdiction in tort. 13-1216. 864 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TOETS Continued. Agency, right of action of principal or agent for torts of third person. 1915B-1297. Attorneys, lien as extending to action for tort. 1917D-917. Bankruptcy, discharge of bankrupt as affecting judgment for wilful and malicious injuries to person or prop- erty. 3-169; 12-1011; 1917A-212. right of action of bankrupt for tort as asset in bankruptcy. 12940. unliquidated claims for tort as provable in bankruptcy. 9-448. Burden of proof in civil case based on criminal act. 2-73. Carrier of goods, contract fixing value as valid limitation on liability for affirmative wrongful act. 12-1133; 1913D-990. Conflict of laws as to elements of dam- ages in actions for tort. 4-524. Confusion of goods, measure of damages for tortious confusion. 1913E-665; 1918A-740. Conspiracy, separate tortious acts in pur- suance of conspiracy as giving rise to single cause of action. 1915B-1014. Contributory negligence as defense to ac- tion for wilful wrong. 1912A-493. Corporations, equitable jurisdiction of suits against corporate directors or officers for wrongful acts. 7-1121. right of corporation or stockholders to recover amount of damages paid by corporation for tort of officers. 1913C-375. Counterclaim for tort in action for tort. 3-486; 1917D-114. Damages, special damages properly pleaded consisting of liability in- curred but not paid, right to recover in action for tort. 1913D-761. Destruction of property of another in order to save one's own, right of in- dividual. 1914A-993. Equity jurisdiction, on ground of multi- plicity of suits, of several actions for damages on account of same tort. 16-694; 1914B-697. Evidence, admission of liability made in offer of compromise as admissible in evidence in action for tort. 1918E- 447. TOETS Continued. rule excluding testimony relating to transaction with decedent as applica- ble to action ex delicto. 1918B-9S. Frauds, statute of, plea of statute as available to tort-feasor not a party to the contract. 21-1390. Hotel premises maintained in unsafe con- dition as constituting tort. 15-925. Imprisonment for debt, civil liability for tort as debt within constitutional pro- vision against imprisonment. 20 1344; 1917D-841. Infants, right of action of unemancipated child for tort. 3-3. Interest as element of damages in action for tort. 1-763. Interference with contract relations, civil liability for. 2-441; 3-741; 11-332; 1912B-1162; 1916E-608. Joinder and splitting of claims for injury to person and property arising out of single tort. 3-464; 1912D-256. Limitation of actions, bar of statute against action ex delicto as remov- able by new promise. 11-180. running of statute as beginning from date of act. 13-697. Misjoinder of defendants in actions of tort, effect. 14-1142. Physicians and surgeons, malpractice ac- tion as based on contract or tort. 1912D-866. Public officer, proper county for place of trial of action against for tort. 1912C-345. Eailroads, statutes regulating liability for torts as interference with interstate commerce. 7-10. Eefusal to permit person to visit sick relative or to attend relative's funeral, liability. 1914A-1248. Release of damages for tort, right of in- fant to repudiate. 12-689; 1914A- 997. Waiving tort and suing in assumpsit. 1913D-228:; 1915C-1135. 2. Who Liable. Agricultural board or society, liability in tort. 1914B-1295. Carriers of passengers, liability of initial carrier for wrongful acts or omissions TORTS. 865 TORTS Continued. of connecting carriers. 3-5; 1916A- 493. Corporations, liability of stockholder for corporate debts as including claim for torts. 19-138. personal civil liability of officer or di- rector to person injured by wrongful act of corporation. 1913D-1058. purchase of property of another corpo- ration as rendering purchasing corpo- ration liable for its torts. 1915A-549. Drainage or similar district, liability for tort. 15-908; 21-958. Tire insurance patrol, liability for torts. 16-1222; 1917E-684. Homestead entryman committing tort prior to patent, liability as exempted under federal statute. 1912D-287. Hospitals and asylums, personal liability of officer or employee for tort. 1915D-775. Husband and wife, dogs, liability of spouse harboring dog of other spouse for injuries caused by it. 1914B-608. husband's liability for voluntary torts of wife. 9-1225; 16-37S; 1913D-997; 1915D-1206. wife's liability for torts of her agent. 21-875. Independent contractor engaged in street improvement, municipal liability for acts. 16-433; 1914A-71. Infants, liability of infant master for tort of servant. 1916A-962. play, liability of infant for injuries caused while at play. 1912C-177. tort connected with or growing out of contract, liability of infant. 1913A- 970. Innkeepers, insult or indignity to guest, liability for. 1918E-255. Insane persons, liability of institution of which insane person is inmate for his torts. 12-829. lunatic's liability for torts. 21-1352. principal or master as liable for tor- tious acts of insane agent or servant. 4-135. Landlord and tenant, action of tort on landlord's agreement to repair. 3- 835; 13-171; 1915D-832. Index to Notes 55 TORTS Continued. Master and servant, joint action against master and servant for torts of ser- vant. 10-756. Municipal liability for tort committed in cleaning streets or in removal of gar- bage, ashes or other refuse. 1916C- 242; 1918D-834. Parent and child, automobile driven by child, liability of parent. 10-732; 12-972; 1914C-10S7; 1916A-661. liability of parent for torts of minor child. 11-367; 1912A-585. Partnership, liability of partners as joint and several for partnership tort. 1914A-802. Prison officer, personal liability to con- vict for tort. 1915D-964. Eeceivers, right of action against receiver for tort committed by corporation or partnership prior to his appointment. 1912A-589; 1918E-263. Eeligious institution, liability of head for torts of subordinates. 1915B-1234. Soldier or militiaman, civil liability for torts. 1917C-8, 29, 32. State, liability for acts of its officers. 1913E-1038. Teacher, liability for corporal punishment of pupil in excessive or unreasonable manner. 12-357. Tenants in common, liability for tort. 1915C-1144. Trade unions, liability for acts of agents. 5-601. Trusts, liability of trust estate for torts of trustee. 19-387. 3. Joint Tort-feasors. Action between joint tort-feasors on claim satisfied by and assigned to one of them. 9-519. Contribution between tort-feasors. 2- 528; 1913B-93S. Indemnity between joint tort-feasors, right to under contract between them. 21-122. Release of joint tort-feasor, effect. 1- 63; 11-397; 1913A-270. joint tort-feasor not actually liable, ef- fect of release. 8-1042; 12-1065. 866 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TORTS Continued. Bes judicata, unfavorable judgment in ac- tion against joint tort-feasor in one state as bar to action against other tort-feasor in another state. 1913E 882. Verdict, validity and effect of several verdict against joint defendants. 12- 534. Judgment or verdict rendered against joint tort-feasors, power of court to set aside or reverse as to part of them. 19-797. TOTAL DESTRUCTION. Meaning of term in lease. 1913A-1100. TOTAL DISABILITY. Accident insurance, construction of "total disability" clause in policy. 7-815; 21-1031; 1918C-113. Excessiveness of verdict for total disabil- ity in action for personal injuries. 1916C-916. Workmen's compensation, total disability under act. 1915B-1000; 1917E-240. TOWAGE. Bridge injured by vessel in tow, liability of tug. 1917B-940. Collision of tow with another vessel, lia- bility. 19-301; 1915D-58S. Duty of tug to tow with respect to equip- ment of tug. 1914A-55. TOWNS. See Municipal Corporations. Attorney's lien on town order in his pos- session connected with litigation. 1917D-150. Bridges, maintenance and operation, lia- bility of town in respect to. 15-835. Certiorari to review highway proceedings, right of town to bring. 18-669. "City" as including town. 1914B-215. Defects in highways within jurisdiction, liability. 9-1156; 11-943. Division of territory by legislatures, time of apportionment of assets or liabili- ties of towns. 18-324. TOWNS Continued. Quarantined persons, liability for expenses of. 5-234. Streets and highways, extent of street or highway which municipality is under duty to keep in repair. 13-282. injuries to employee caused by negligence of officer in repairing public highway, liability of town. 1914A-558. Salary of officer overdue, right to recover interest thereon. 1914D-408. "Town" as limited to incorporated town. 1914D-230. "Village" as synonymous with town. 191SD-264. TOWNSHIPS. See Towns. TOY PISTOL. Injury to child, liability of seller in dam- 1913C-804. TOYS. Trademark or trade name as infringed by similar name. 1915B-348. TRACK INSPECTOR. Track inspector as fellow-servant of other railroad employees. 13-274. TRACKS. Meaning of "track" as applied to railroad in statute or ordinance. 1918E-234. Eemoval of railway tracks as establishing abandonment of right of way. 11- 771. "Eight of way" as including railroad tracks and improvements. 1918D- 1049. Walking on street railway track as con- tributory negligence. 10-947. TRACTION ENGINES. Use of highway by traction engine. 15- 1074; 1917E-798. TRADE TRADEMARKS AND TRADE NAMES. 867 TRADE. Carrying on trade as within prohibition of Sunday law against "labor" or "labor or work." 1913D-799. Conspiracy to injure trade or business of another. 1-508. sufficiency of allegations of indictment as to object and means of accomplish- ing conspiracy to injure another's trade. 21-44. Insurance company as engaged in trade. 1913B-979. Nuisance caused by noise arising from trade. 4-378. prescriptive right to maintain public nuisance arising from offensive trade. 17-792. Occupations embraced in word "trade." 1916A-1198. Eight of corporation to practice trade for which license is required. 12674; 19-8S2. Soliciting trade on premises or trains of passenger carriers, validity of statute prohibiting. 18-867. TRADE FIXTURES. See Fixtures. TRADEMARKS AND TRADE NAMES. 1. In General. 2. Infringement. 3. Actions and Defenses. 1. In General. Article on which patent has expired, right to protection against unfair competi- tion. 20-860. Assignability of trademarks and trade names. 2-218; 1917A-260. Associations, right of unincorporated be- nevolent, fraternal or social organiza- tion to protection in use of its name. 1918A-245. "Crime" for which witness may be im- peached, trademark violation as con- stituting crime. 1916A-277. Descriptive words, names consisting of mere corruptions as valid trademarks. 9-763. TRADEMARKS AND TRADE NAMES Continued. Foreign trademarks, treaty provisions as affecting rights. 5-561. Periodical publication, title as subject of trademark. 14-274. Taxation, trademarks as subject to. 18- 1159. Territorial extent of rights in trademarks ox trade names. 5-560; 1914C-931. 2. Infringement. Color, use as infringement of trademark or unfair competition. 18-1034. Corporate name similar to that of other corporation, right of corporation or- ganized for purposes other than pecu- niary profit to use. 1912A-825; 1913E-642. Fraudulent intent as necessary element of unfair competition or infringement of trade name. 3-32. Geographical name, use as unfair competi- tion. 10-71; 1915A-543. Manufacture and sale of parts of article made by another as unfair competition. 13-650. Personal or corporate trade name, use as unfair competition. 2-415; 7-806; 16- 596; 1918A-229. Similarity of name as constituting in- fringement of trademark or trade name. 1915B-327. 3. Actions and Defenses. Accounting for damages, power of court to decree in action to enjoin unfair com- petition or infringement of trademark. 20-59. Collateral misrepresentations as to trade- mark or trade name as bar to relief for infringement. 14-843. Exemplary damages for infringement of trademark, right to. 1913A-355. Jurisdiction of suit for infringement of trademark. 15-220. Loss of right to relief against infringe- ment of trademark or trade name by acquiescence, laches or delay. 18-459. Misrepresentation of quality by owner of trademark as depriving him of relief for infringement. 13-834. 868 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRADE SECRETS. Duty of servant with regard to those of master. 17-144; 1914C-631; 1918C- 1026. TRADE TRUSTS. See Monopolies. TRADE UNIONS. Agreement between labor union and em- ployer, effect on rights of member of union. 1915B-101. Coercion of employers by threat to strike as unlawful act. 3-974. Discharge of union employees, validity of laws prohibiting. 1-939; 13-773. Employment of union labor only, validity of contracts stipulating for. 5-285; 21-213. Fine imposed by labor union as unlawful. 6-851. Injunction against labor union as subject- ing individual members to liability for criminal contempt for violation of terms. 3-28. right of nonunion employees to enjoin strike by union coemployees. 1913D 369. Rules, validity of rule as affecting third person. 1918D-653. Wrongful conduct of agents, liability of labor union. 5-601. TRADING. Labor within prohibition of Sunday law, trading as constituting. 1913D-799. TRADING PARTNERSHIP. Distinction between trading and non- trading partnership. 1916A-206. Fictitious partnership name, what is. 10 812. TRADING STAMPS. Constitutionality of laws prohibiting trad- ing stamps. 1-48; 2-302; 3-882; 6- 450; 1915A-375; 1916A-212; 1917B- 464; 191SD-713. TRADING VOTES. Public officer, trading votes misconduct in office. 1915A-1148. TRADING WITH ENEMY ACT. Eights and liabilities of alien enemies as to contracts and property. 1918C- 709, 741. TRAFFIC CONTRACTS. Validity of contract of railroad impairing ability to serve public. 1915C-465. TRAILER. Street railways, term "car" as including trailer. 1914D-47. TRAIN-DISPATCHER. Fellow-servant of other railroad employees. 9-788. TRAINMEN. Federal Employers' Liability Act as pro- tection of employees operating trains. 1914C-165; 1918B-58. TRAINS. See Carriers of Passengers; Railroads. Service to be furnished by railroad, valid- ity of regulation of extent of train service. 1917B-1217. Sunday trains, validity of order of Public Service Commission requiring. 1917B- 1205. What constitutes train within federal Safety Appliance Act. 1915C-671. TRAIN SHEETS. Running time of trains, train sheet as evi- dence. 1912B-372. TRAMROADS. Public use supporting condemnation pro- ceedings for tramroad. 14-905. TRANSACTIONS WITH DECEDENTS TREASON. 869 TRANSACTIONS WITH DECE- DENTS. See Witnesses. TRANSCRIPT. Court proceedings, transcript as privileged from inspection. 1916C-876. TRANSFERS. Street railways, incorrect transfer, rights and duties of passenger receiving. 1-392; 6-943, 946; 10-277. selling or giving away street-car trans- fers, validity of statute or ordinance prohibiting. 11-557. validity of rule of street railway with re- spect to use of transfer. 1916D-586. TRANSFER TAXES. Kesidence in jurisdiction within taxing statute, what constitutes. 1917B-733. TRANSIENT MERCHANTS. See Hawkers and Peddlers. Discrimination against nonresidents. 1918E-114. State or municipal regulation. 1917E-505. TRANSMISSION OF MESSAGES. See Telegraphs and Telephones. TRANSPORTATION. See Carriers. Independent contractors as tested by char- acter of employment. 19-26; 1918C- 627. Intoxicating liquors, state regulation of transportation. 1917A-622. validity of statute prohibiting bringing liquor into prohibition territory. 14- 569; 1917A-740. Mechanics' liens, right to lien for transpor- tation of materials to be used in con- nection with improvement. 1916E- 1030. Pupils to and from school, validity and construction of provisions for trans- portation. 1912C-762; 1916A-269. TRANSPORTATION Continued. power of legislature with respect to ex- penditure of school fund for trans- portation. 1917C-925. Workmen's Compensation Act as applica- ble to employment in connection with transportation of goods. 1917D-28. TRAVELERS. Carrying concealed weapons, who is trav- eler within exception of statute. 21- 448. Sale of liquor on Sunday in hotel, who is "traveler" within statute permitting sale. 17-817. TRAVELING. Accident insurance, meaning of term in policy. 1913A-841. Restriction in insurance contract as to travel by insured, construction of. 1917A-381. Sunday laws as applicable. 16410. TRAVELING EXPENSES. Agency, power of agent to bind principal for traveling expenses. 1917C-840. Public officers, meaning of "necessary travel" or "necessarily traveled" as used with respect to mileage allow- ance. 1918D-934. TRAVELING SALESMAN. Agent for service of process on foreign cor- poration within statute therefor. 19- 202; 1914D-987. Authority to make binding contract of sale. 1912B-356. Carrying side line as breach of contract. 1918C-952. Collection of accounts, authority -as to. 7- 650; 14-858. Drummer's samples as baggage. 6-828. TREASON. Adherence to enemies, etc., what consti- tutes within law of treason. 1917D- 479. &70 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TEEASON Continued. Aliens, treason by domiciled alien. 8-77. Decree by court, power of legislature to annul. 2-241. Malicious prosecution upon charge of trea- son, excessiveness of verdict. 1916C 263. TREASURERS. Loss of public funds, liability of officer. 1914C-492. Treasurer of municipality as municipal officer. 1914D-1238. TREASURE-TROVE. Mutual rights of joint finders. 15-1160. Eight of finder to property found. 1-4; 11-707. TREATIES. Alien enemy, right to sue as affected by treaty. 1918C-720. Decedents' estates, rights and duties of consul with respect to. 1913D-654; 1916D-238j 1918A-933. Extradition, crimes for which fugitive is triable. 10-639. "Person," as including private corporation. 20-748. Real property inheritance by aliens as affected by treaties. 1912A-1100. Self -executing effect of treaty as supreme law of land. 1915C-967. Succession tax in case of transfers to aliens as dependent on treaty. 1912A-857. Trademark rights as affected by treaty. 5-561. TREES AND TIMBER. 1. In General. 2. Statutory and Municipal Regulation. 3. Sale or Reservation of Bights. 4. Injury or Conversion. 1. In General. Adjoining land owners, rights with re- spect to tree on or overhanging boundary line. 1918B-1157, 1171. TREES AND TIMBER Continued. Attachment of logs or lumber, what is sufficient levy. 1916B-994. Condemnation of right to cut or remove trees near right of way, right of elec- tric company. 1914C-271. Dower lands, right of widow to cut tim- ber. 20-972. Fall of tree growing on highway, liability of municipality for injuries caused. 16-835; 1913A-787. Felling tree, liability of master to servant for injuries received. 20-249. Fire insurance, standing timber as "prop- erty" within meaning of policy. 6- 569. Floating timber, liability of one using stream for resulting injuries to ri- parian owner. 10-235; 1918A-732. Fruit growing on trees, crop as realty or personalty. 1912C-736. Malicious prosecution on charge of statu- tory offense relating to timber, ex- ceesiveness or inadequacy of verdict. 1916C-261. Nursery stock, implied warranty on sale. 1913E-93. Partition of standing timber, right to. 1912D-587. "Timber," meaning of term. 19-1051. 2. Statutory and Municipal Regulation. "Adjacent" public lands, meaning under statute permitting railroad to cut timber. 1913B-170. Cutting of trees on private land, right of state to restrict or regulate. 13-749. Diseased fruit trees, validity of statute providing for destruction. 1917E- 220. Federal Timber Cutting Act, meaning of "domestic purposes" as used therein. 1912B-621. Forestry legislation, validity and construc- tion. 1917A-5, 38, 40, 46; 1918E- 709. License tax imposed on owner of premises for extracting turpentine or cutting timber, validity. 191SA-678. Shade trees, power of municipality to re- move from streets. 1-785; 16-642; 1913C-1013. TRENCHES TRESPASS. 871 TREES AND TIMBER Continued. Sidewalks, right of municipality to use or permit to be used part of sidewalk for planting trees. 1912D-1236. Workmen's compensation, employment in forestry service as within purview of act. 1917D-23. 3. Sale or Reservation of Eights. Contract of sale of trees for future de- livery, anticipatory breach of con- tract by vendee, measure of damages. 1913C-765. Frauds, statute of, contract for cutting and delivery of timber as within statute. 19-1301. sale of growing trees as sale of interest in land within statute of frauds. 9-192; 18-971; 1916A-243. Eemoval of timber, rights of grantee un- der conveyance not specifying time for removal. 12-918. Reservation and exception of standing timber in deed, distinction between. 18-801. Sale of standing timber, right to remove and cut after expiration of time speci- fied in contract. 4-1050; 12-731. Standing timber reserved in conveyance of land, time within which must be removed. 6-249. 4. Injury or Conversion. Conversion of trees severed from realty, forum in which action must be brought. 3-344; 21-1314; 1913E-597. Gas company, liability for injuring trees. 1914C-362. Injunction to prevent injury to trees. 11- 456. Leased premises, liability of third person to landlord for injury. 1912D-123. Measure of damages for injury or de- struction of standing trees. 15-916; 1912A-919. Moving buildings, liability for injury to trees. 1917C-80. Telegraph, telephone, electric light or trolley company, liability for injury to trees of abutting owner. 2-642; 12-251. TRENCHES. Independent contractors, person contract- ing to dig trenches for water mains as independent contractor. 1918C- 65S. Sliding rock or earth in trench, liability of master for injuries to servant. 7- 301; 21-708. TRESPASS. 1. In G-eneraL 2. What Constitutes Trespass. 3. Rights of Trespasser. 4. Remedies. 5. Damages. 6. Trespassing Animals. 1. In General "Crime" for conviction of which witness may be impeached, trespass as. 1916A-277. "Joint trespassers" as including joint libelant. 1-875. Malicious prosecution on charge of tres- pass, excessiveness of verdict. 1916C- 263. 2. What Constitutes Trespass. Abuse of license as constituting trespass. 1-889. Blasting as constituting trespass. 11-347. Easements damages for excessive use as trespass. 1-864. Hunting, trespass in pursuit of game. 21- 915. Public lands, cutting timber on public domain of United States, civil liabil- ity for trespass. 1917A-17. Shooting across land of another as tres- pass. 10-531. Eailroad right of way, trespass by travel- ing along. 2-548; 20-140. 3. Rights of Trespasser. Bridge or trestle of railroad liability for injury to trespasser. 1914D-1211; 1916E-617. 872 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRESPASS Continued. Children trespassing on railroad tracks, duty of railroad to anticipate. 4-680; 16-247; 1916B-357. private railroad as charged with duty to keep lookout for trespassing chil- dren on tracks. 1914A-671. Crops sown by trespasser, right with re- spect to. 21^31, 1915D-359. Dangerous substances on premises, lia- bility of owner to trespassing chil- dren injured thereby. 5-503. Elevators, injury to trespasser, liability of owner. 1912D-533. Flying-switch injuring trespasser on rail- way track, liability of railroad. 10- 18. Necessity as excuse or justification. 15- 1153. Pond, pool or well left unguarded, liability of land owner to trespassing child in- jured thereby. 7-200; 11-990; 1913A- 1032; 1916C-1085. Kecovery of property, right to enter on premises of another and employ force. 6-505. Eemoval of trespassers from railroad trains, liability for injuries inflicted in removing. 1-775; 13-591. Eiding on trains, liability of railroad for injuries to trespasser. 21-699. Eunning engine or train backward as neg- ligence with respect to trespasser on railroad right of way. 1913D-9. Self-defense, right of trespasser. 9-1134. Signals, failure of railroad to sound stat- utory crossing signals as negligence toward trespassers on track at place other than crossing. 16-1111. Speed of railroad train as affecting lia- bility to trespassers. 7-991; 1914B- 605. violation of speed law, liability for in- juries to trespassers. 5-1007. "Wharves, docks or piers, duty to tres- passer. 1916C-150. 4. Remedies. Animals, right to kill trespassing animals. 1-193; 16-951; 1913C-790. Assault and battery as justified by tres- pass. 1-S88; 1917D-307, 316. TRESPASS Continued. Continuing or repeated trespass, injunction as remedy. 15-1235. Counterclaim for trespass in action for trespass. 3487. Ejection of trespassers on railroad trains, authority of brakemen. 2-624; 18- 892; 1914A-598. Executor or administrator, personal liabil- ity to third person for trespass. 21- 356. Forum in which action for trespass on real property must be brought. 3- 344; 21-1314; 1913E-597. Graves, right of action for disturbing. 3- 136. Inconsistent defenses growing out of tres- pass to realty. 1917C-735. Injunction against trespass on realty situ- ate in another state. 8-519. Landlord's remedy for injury to leased premises by third person. 1912D- 127. Overhanging eaves, remedy of owner of land against. 4-343. Past injuries, injunction as remedy. 1913D-968. Possession of land under color of title as giving one right to maintain action against mere trespasser. 4-190; 1915D-37. Trees or timber, injunction to prevent trespass against. 11-456. Waiving tort and suing in assumpsit for trespass to real property. 1913D-237. Wrongful levy of execution after debt has been paid, remedy of debtor. 19- 368. 5. Damages. Continuing trespass, award of damages in action to enjoin. 1912A-804. Exemplary damages, injury to person as warranting recovery in action for trespass on realty. 16-75. Interest as allowable on damages for tres- pass. 1-763. Mitigation of damages for trespass, ad- missibility of evidence of benefit to owner. 20-925. TRESPASS TO TRY TITLE TRIAL. 873 TEESPASS Continued. 6. Trespassing Animals. Disease communicated by trespassing ani- mals to other animals, liability of owner. 15-1007. Bogs, liability for injuries caused by tres- passing dogs. 20-73. Domestic animals straying on uninclosed land, liability of owner of land as for negligence for injury to animals. 17 565; 1917A-288. Fowls permitted to trespass on another's land, right to damages against owner. 1913C-757. Injunction to restrain trespass by animals. 14-550; 1916A-247. Injuries inflicted on trespasser by do- mestic animal "liability of owner. 17- 563. Joint or several liability of owners of ani- mals committing trespass. 8-1072. Killing trespassing animals, right of land owner. 1-193; 16-951; 1913C-970. Eailroads, animal on track, duty to blow whistle or give other warning. 1915B- 462. Seizure and sale of trespassing animals, validity of statute authorizing land owner to seize and sell. 1915C-1263. Unfenced lands, effect of statute prohibit- ing recovery for damages done by tres- passing animals thereon. 9-1095. TRESPASS TO TRY TITLE. Estoppel of tenant to deny landlord's title in action of trespass to try title. 1912D-103. Judgment against tenant as affecting land- lord. 5-62. TRESTLES. Implied license to use railroad .trestle as highway. 2-551. Liability of railroad for injury to person other than servant on its trestle. 1914D-1210; 1916E-617. Lights, liability of master for injuries to servant because trestle insufficiently lighted. 20-18. TRIAL. 1. In General. 2. Continuance and Adjournment. 3. Evidence and Witnesses. 4. Conduct and Remarks of Judge. 5. Argument and Conduct of Counsel. 6. Province of Court and Jury. 7. Exceptions and Objections. 8. Direction of Verdict. 9. Findings of Fact. See Criminal Law; Instructions; Jury; Verdict. 1. In General. Amicus curiae, functions and powers. 1915A-194. Foreman as spokesman for jury. 1913B- 385. Hearing in camera, right of court in mat- rimonial action. 1913E-639. Holidays, power of court to sit and try causes on legal holidays other than Sunday. 11-559. Place other than courthouse or courtroom, power of court to try case. 1917E- 1050. Separate trial of issues in case, validity of statute providing. 1913B-267. Sunday, validity of judicial act performed on Sunday. 1916B-6. Use of jury, while trying one case, for trial of another. 1913E-754. 2. Continuance and Adjournment. Absence of counsel as ground for continu- ance. 1913C-431. Adjourning court to home of witness, pro- priety. 1914A-369. Amendment of pleading to conform to proof as ground for continuance. 1914A-1275. Criminal case, diligence in taking deposi- tion as affecting right to continuance. 1916A-1086. prejudicial newspaper publication as ground for continuance. 1918A-449. suspension of trial pending restoration of defendant to sanity. 1913C-328. 874 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRIAL Continued. Divorce eases, continuance in. 1914B-359; 1918B-1087. Exclusion or inclusion of Sunday or holi- day in computation of time of con- tinuance. 1917E-938. Imposition of terms on granting continu- ance. 1913A-306. Time of continuance as computed by ex- clusion or inclusion of Sunday or holi- day. 1917E-938. 3. Evidence and Witnesses. Generally. Admission or exclusion of evidence, error as rendered immaterial by verdict. 9- 900. incompetent evidence admitted as ground for granting of new trial by court. 1917D-545. Agreed case, additional evidence,- power of court to receive. 1915D-256. inferences upon agreed case, power of court to draw. 11-148. Amicus curiae, power to make offer of evidence. 1915A-196. Exclusion of jury, during argument of counsel upon admissibility of evidence. 20-1144. Exhibition of person to jury, right of plaintiff in action for personal in- juries. 1913D-245. Incompetent evidence admitted in trial before court without jury, effect. 1917C-660, 675, 679, 681, 684. Inspection of memorandum used by wit- ness to refresh memory, right of op- posite party. 9-560. Physical examination of party, power of court to compel submission. 1-266; 11-844; 1917D-351. Production of evidence for use in another jurisdiction, duty of court to compel irrespective of its admissibility. 6- 577. Beading part of evidence to jury after retirement, propriety of permitting. 20-1219. Reopening case for additional evidence as entitling adverse party to introduce rebuttal evidence. 1916A-131. TRIAL Continued. right of court to reopen case after sub- mission to jury for reception of addi- tional evidence. 1913C-1010. Undisputed point, validity of court rule dispensing with introduction of evi- dence. 1912D-795. Calling and Examination of Witnesses. Bias of witness, admissibility of evidence in rebuttal of testimony showing bias. 14-232. Calling witnesses, right of judge on own initiative. 18-163. Court's right to examine witnesses. 6-477. Deaf mute's testimony, mode of taking. 9-88. Exclusion of witnesses, effect of disobedi- ence of rule excluding witness from courtroom during trial. 9-368. Failure to swear witness, effect upon trial and verdict. 4-1023; 6-57; 1912D- 572. Number of witnesses as to certain fact or issue, power of court to limit. 8-828; 17-780; 1916B-771. Perjury of witness, commitment during trial as prejudicial error. 19-423. Eeception of testimony of witness unable by illness or otherwise to be cross- examined as reversible error. 16-364. 4. Conduct and Remarks of Judge. Coercion of jury by court into agreeing on verdict, what amounts to. 11- 1131; 1912D-440. Comment by court on fact that defendant in action for negligence is insured against liability, propriety. 1914A- 951. Duty of presiding judge not to absent himself from trial. 2-8; 16-627. Manner or tone of court in remark or instruction as prejudicial error. 1912A-1006. Overruling plea, right of court on its own motion. 15-250. Private communication by trial judge with jury during deliberations as ground for new trial. 16-1141. Propriety of comment by court to effect that perjury has been committed. 1917B-128. TRIAL. 875 TRIAL Continued. Reference by judge to amount of plain- tiff's claim in action for personal in- juries as reversible error. 17-573. Remarks or instructions in presence of en- tire panel of jurors as reversible error in particular case. 1915B-824. 5. Argument and Conduct of Counsel. Generally. Additional counsel appearing "for party to cause after jury impaneled as preju- dicial to opposing party. 1912B-666. Appeal to race prejudice as improper in argument of counsel. 1913D-1167; 1917A-944. Challenge to juror, right of counsel to com- ment on act of opposing party. 1913B-258. Comment on fact that party to action is corporation as improper argument. 1912A-1292. Failure of party to testify in civil action, comment on fact by attorney. 16- 309. Inadmissible evidence, conduct of counsel in getting it before jury as ground or new trial. 6-224; 19-296; 1917A- 441. Instruction to jury to pay no attention to remarks of counsel as reversible error. 1912C-817; 1915B-736. Insurance of defendant other than master against liability, propriety of com- ment by counsel. 1914A-951. Misconduct of counsel in challenging op- ponent to waive legal rights as mis- conduct. 1918C-3S2. Negligence of attorney in conduct of trial, liability to client. 1917B-27. Objection and exception to improper argu- ment of counsel, necessity and suffi- ciency. 7-229; 1916A-551; 1918A- 1128. Open and close, effect of denial of right. 1912D-251. right where only issue is amount plain- tiff is entitled to recover. 1916D-958. Propriety in personal injury case asking jury what they would take for similar injury. 1917A-1099. Reference to poverty or wealth of party to action, propriety. 1917B-312. TRIAL Continued. Criminal Cases. Expression of opinion of guilt of accused 'by prosecuting attorney as improper argument. 1916A-431. Failure of accused to testify, comment by ' prosecutor on fact. 3-164; 20-1273; 1917D-277. Fair trial, duty of prosecuting attorney to see that accused has. 21-333. " Good character of accused, right of pros- ecution to comment on failure to pro- duce evidence. 19-407. Outlining defense to jury, power of court to require counsel for accused. 16- 324. Prevalence of crime, reference by pros- ecuting attorney as improper argu- ment. 1912A-1019. .Restricting argument of counsel in crimi- nal action as constituting reversible error. 2-435; 1917A-718. Wife of accused as witness, right of coun- sel to comment on failure to call her. 17-421; 1913D-559. 6. Province of Court and Jury. Delivery of deed as question of law or fact. 1914D-108. Dying declarations, admissibility as ques- tion of law or fact. 8-539. Estoppel in pais as question of law t>r fact. 1913A-1072. Fencing railroad tracks, whether failure to fence was proximate cause of acci- dent as question of law or fact. 1912D-454. Fire insurance, materiality of warranty regarding incumbrances on property covered by policy as question of law or fact. 15-342. Foreign law, proof of law as question for court or for jury. 7-74; 1913D- 256. Fraud as question of law or fact. 1-446. Frauds, statute of, original or collateral nature of oral promise within statute as question of law or fact. 9-895; 1915B-257. Life insurance premiums, waiver of time of payment as question for court or jury. 7-386. 876 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRIAL Continued. Malicious prosecution, belief of defendant in truth of charge made against plain- tiff as question of law or fact. 1912C 1043. Master and servant, assumption of risk arising after commencement of em- ployment as question of law or fact. 3-814. discharge of servant, sufficiency of ground as question or law or fact. 1916A-1040. fellow-servants, whether employees are as question of law or fact. 1912D- 75. rule promulgated by master for guidance of servant, reasonableness as question of law or fact. 1913C-187. Mere scintilla of evidence as sufficient to justify submission of cause . to jury. 1914B-472. Municipal ordinance, reasonableness as question of law or fact. 1914B-204. Necessaries, province of court and jury as to whether articles furnished to in- fants constitute. 14-686. Negligence of railroad in constructing per- manent structure close to tracks as question of law or fact. 7-331. Proximate cause, respective functions of court and jury with respect to ques- tion. 1913B-351. Public policy province of court or of jury to determine whether contract is con- . trary to. 11-124. Eesult of forces acting on animate human body as question of law or fact. 1913E-938. Rules and regulations for conduct of > busi- ness of quasi-public nature, reason- ableness as question of law or fact. , 3-715. Sales, reasonableness of time for delivery of goods sold as question of law or fact. 6-245. Similarity of properties, in order to make comparison of their value admissible as question for court. 1913D-5S2. Withdrawal of unreasonable testimony from consideration of jury 15-1187; 1917B-473. 7. Exceptions and Objections. Amicus curiae, power to take exception. 1915A-197. TRIAL Continued. Depositions, objections not raised on first trial as affecting right to raise on sub- sequent trial. 1913B-1057. Failure to object to admission of evidence at former trial as precluding objection at subsequent trial. 19-1279; 1913B- 1057. Inconsistent defenses, method of objecting to. 1917C-743, 757. Instructions, necessity for objection in addition to exception in order to save giving of instruction for review. 1912B-1231. Nonexistence of plaintiff, method of rais- ing objection. 1917D-1195. Pleading, objection based on want of veri- fication as waived by not raising till time of trial. 1918D-444. Sufficiency of exceptions and objections as to improper argument of counsel. 7- 231; 1916A-551; 1918A-1128. Testimony admitted over objection with question reserved, failure to move to strike, effect. 1912C-711. Waiver of exception to denial of applica- tion to take case from jury by subse- quent introduction of evidence. 14- 222; 1914A-146. 8. Direction of Verdict. Criminal case, plea of "not guilty" entered, power of court to direct verdict of guilty. 8-808; 1916A-1241. what constitutes direction of verdict of guilty. 1916A-1252. Direction of verdict in favor of one code- fendant at close of plaintiff's case, right of court. 1912D-1061. Exception to direction of verdict, neces- sity for. 1917A-849. Libel and slander action where jury have power to determine law and facts, power of court to direct verdict. 1915D-1270. Opening statement of plaintiff's counsel, power of trial court to direct verdict at close. 14-699. Penal action, right of court to direct verdict for plaintiff. 16-964. Bequest by both parties for direction of verdict, effect of request. 6-545; 13- 372; 1913C-1342. TRICKS TRUSTS AND TRUSTEES. 877 TRIAL Continued. 9. Findings of Fact. Contempt proceeding, duty of court to make findings of fact. 1913A-957. Eefusal to make requested finding as con- stituting contrary finding. 7-380. Waiver of right to have findings of fact made by court. 1914D-797. TRICKS. Confessions procured by trick, admissi- bility in evidence. 15-274; 1916D- 966. Obtaining possession of property by trick with intent to steal as larceny. S 287. TROLLEY COMPANIES. See Street Railways. TROLLEY SLOTS. Electric railways, improper construction as imposing liability for injuries caused. 1913D-534. TROVER. See Conversion. TRUCKING. Independent contractor, person trucking or hauling as constituting. 1918C- 658. TRUST COMPANY. Investment of funds of cestui que trust, liability for loss. 1914A-1027. TRUST DEEDS. See Mortgages. Attorney's lien on instrument in his posses- sion in connection with litigation. 1917D-150. Bill or note as controlled by trust deed. 5-151. Corporation, power of trustee to bid in property for benefit of bondholders. 1915A-237. TRUST DEEDS Continued. 'liability as for negligence of trustee to bondholder. 1915A-239. Debtor's right to require creditor to sat- isfy out of nonexempt property. 1913B-394. Distinction between, and power of sale mortgage of realty. 1913A-1045. Homestead, validity of tnust deed ex- ecuted by husband without joinder of wife. 9-9; 15-1120; 1917A-75. Injunction against sale under trust deed, conflicting liens or rights or because of disputed title as ground. 1917D- 125. limitation statute as bar to action on debt secured as ground for enjoining sale. 7-189. Power of sale in trust deed as power coupled with interest. 4-58; 1918E- 1021. Belease of mortgaged property, power of trustee of corporate mortgage. 1916D- 1182. Resale of property after invalid first sale, power of trustee. 17-755. Tenant in common, right to buy com- mon property under power in trust deed. 17-1169; 1914A-1031. TRUSTEE PROCESS. See Garnishment. TRUST FUND DOCTRINE. See Corporations. TRUSTS, ILLEGAL. See Monopolies. TRUSTS AND TRUSTEES. 1. In General. 2. Existence, Validity and Administration of Trusts. 3. Qualification of Trustees. 4. Appointment and Removal of Trustees. 5. Termination, Renunciation or Breach of Trust. 6. Rights and Powers of Trustees. 7. Liability of Trustees and Trust Estr.tn 8. Investment of Trust Funds. 9. Constructive, Implied or Res Citing Trusts. 878 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRUSTS AND TRUSTEES Continued. 1. In General. Alien enemy, war as affecting rights and liabilities of trust relation. 1918C 715. Bond of trustee, judgment against princi- pal as evidence against surety. 1915D-409. Cestui que trust as "freeholder." 1913D- 329. Life estate in trust funds, who entitled to increase in value. 1916B-132. Mechanics' liens, cestui que trust as neces- sary or proper party to foreclosure action. 1918B-18. trustee as necessary or proper party to foreclosure action. 1918B-17, 28. Notice of trust relation, use of descriptive term after signature of trustee as con- stituting. 16-843. Priority of assignees to fund in hands of several trustees as dependent on no- tice to all trustees. 17-444. Purchase of trust property from trustee with power at sell, duty of purchaser to see to application of purchase money. 4-371. Eemainders and reversions, trustees to support remainders. 1917A-905, 913. Taxation, situs of personal property held in trust. 2-850; 1917D-948. Trust funds, improper witdrawal from bank, liability of bank for knowingly permitting. 12-669; 1914B-677. ."Will setting up invalid trust, effect upon clauses otherwise valid. 3-951. 2. Existence, Validity and Administra- tion of Trusts. Advancement out of accumulation for benefit of cestui que trust, power of court to make. 1914A-1047. Conveyances to children in trust as includ- ing child en ventre sa mere. 7-135. Death of beneficiary, right of succession to fund remaining in hands of executor or trustee under will giving latter dis- cretion in paying fund to beneficiary. 1912D-1177. Deposit in bank, joint deposit as creating trust. 1916D-523. TRUSTS AND TRUSTEES Continued. Discretion of trustee to defeat charitable trust as affecting its validity. 21-156. Division of trust estate, execution by court of power to divide where trustee has only partially executed power. 1914C- 250. Donor's death without exercising power of revocation, effect upon trust. 6-189. Imperfect or incomplete gift, enforcement as trust. 16-373. Indefinite duration of trust for mainte- nance or repair of residence or home- stead as offending rule against per- petuities. 1914B-551. Jurisdiction of probate court to administer testamentary trust. 21-255. Knowledge of cestui que trust as to crea- tion, validity of trust as depending on. 12-167. Liif e insurance, oral promise by beneficiary in policy to pay proceeds to third per- son as enforceable trust. 14-872. Merger of estates where life tenant is also trustee of property. 1917A-1221. Modification of terms of trust, power of court. 1916A-999, 1008; 1918D-563. Oral trust fully executed, effect of statute of frauds. 1913A-954. Partition of property held in trust, right to. 1912C-327. Precatory trusts, general rule as to creation. 2-593; 21-321; 1915D-418. Proof of express trust by written declara- tion of trustee. 1913B-1023. Savings bank trusts. 1-904; 14-924; 1913E-516. Specific performance of personal property contract in aid of trust. 5-273; 10- 936; 1915D-790. Spendthrift trusts, bankruptcy of benefi- ciary as affecting. 1918D-91. donor as beneficiary, validity. 19-273; 1917D-1054. sufficiency of instrument to create spendthrift trust. 3-1010; 18-495; 1917B-400. validity of spendthrift trust. 3-588; 18-221; 191SC-961. Successor to corporation designated as trustee, power to execute trust. 1915D-934. TRUSTS AND TRUSTEES. 879 TRUSTS AND TRUSTEES Continued. Testamentary trust whose purpose is de- fined only in oral instructions given by testator, validity. 1912A-834. 3. Qualification of Trustees. Corporations, power of corporation to act as trustee of charitable trust. 8- 1181. Donee of power to appoint trustee, who may be appointed by donee. 4-405; 1913D-147. Married woman, power to act as trustee of express trust. 7-1082. Municipality, power to take property as trustee. 17-746. 4. Appointment and Removal of Trustees. Antagonism or ill feeling between trustee and beneficiary as ground for removal of trustee. 1918B-1045. Executor as testamentary trustee, effect of resignation or removal on his powers or duties. 1914C-609. Failure of creator of trust to name trustee, power of court to appoint. 1916B-246. Number of trustees appointed by creator of trust, power of court to increase or diminish. 6-598. Removal of trustee who goes out of juris- diction, power of court. 20-816. Trustee for alimony, power of court to appoint. 1914D-991. 5. Termination, Renunciation or Breach of Trust. Breach of trust by trustee, silence by ces- tui que trust as acquiescence. 1914C- 748. Renunciation by executor or testamentary trustee, what constitutes. 20-836; 1918D-459. right to retract renunciation. 1916D- 1305. Setting aside trust during life of creator for fraud or undue influence. 1918C- 836. Termination of trust by agreement of all parties interested. 1915B-723. TRUSTS AND TRUSTEES Continued. 6. Rights and Powers of Trustees. Compensation of trustee, right in absence of statute or contract. 1913C-195. waiver of right to compensation. 1914B-493. Conveyance of trust property, power of trustee to convey without consent of cotrustees. 4-953. Execution sale, right of trustee or cestui que trust to enjoin. 1918C-267. Express powers given to trustee as nega- tiving implied powers. 1913C-979. "Fiduciary capacity," trustee of express trust as acting in within meaning of Bankruptcy Act. 1915A-1298. Guardian as trustee, right to institute suit in individual capacity on behalf of ward. Il-10t95. Lease of trust property, term for which trustee may grant. 14-651; 1914C- 393. Mortgage of trust property, power of trustee. 1-942; 9-643; 10-255; 191'6C- 606. "Necessary expenses" of trust estate, what constitute. 1918D-924. Substituted trustee, right to execute power conferred on original trustee. 16-325; 1913A-12S3. 7. Liability of Trustees and Trust Estates. Broker's commission, liability of trustee employing real estate broker. 1913E- 344. Creditor's bill to reach interest in trust estate. 1914B-950. Decedent's estate, liability of persbnal representative where trust property held by decedent comes into his hands. 19-563. Default of cotrustee, liability of trustee as to funds jointly received. 15-522. Interest of trustee in subject matter of trust, effect. 1918A-481. Intermingling property of trust estate with that of insolvent trus- tee, rights of cestui que trust. 7- 553. Limitation of action as between trustee aud beneficiary, application of statute 880 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TRUSTS AND TRUSTEES Continued. to express trusts. 3-200; 13-1165; 1917C-1018. Loss of trust funds deposited in bank, personal liability of trustee. 1915C 50. Taxes and carrying charges, personal property expenses as payable out of income or capital. 1918E-9S9. real estate expenses as payable out of income or capital. 191SE-947, 982. Torts of trustee, liability of trust estate. 19-387. Trust company as trustee, liability for loss on investment of funds. 1914A- 1027. 8. Investment of Trust Funds. Instruction of trustee by court as to in- vestment of funds. 1912A-637. Investment beyond jurisdiction of ap- pointing court, right of fiduciary to make. 14-834. Private corporate stock, right of fiduciary to invest funds therein. 16-69. 9. Constructive, Implied or Resulting Trusts. Agent's purchase of land in his own name, resulting trust arising from. 5-255; 12-805. Attorney of party to proceeding purchas- ing property at judicial sale as hold- ing in trust for client. 21-276. Ex maleficio, failure of heir or distributee to perform oral promise which pre- vented making of will, liability there- for. 2-556. murder of ancestor or testator by heir, devisee or legatee as constituting him trustee ex maleficio. 2-659. Husband and wife, funds furnished partly by each spouse, resulting trust as arising from purchase in name of one spouse. 1915D-654, 657. husband's purchase in name of wife, re- sulting trust as arising. 1915C-1082, 1097, 1102; 1917B-225. putative wife, property right as implied trust. 1913A-242. wife's money used by husband for pur- x chase in own name, resulting trust as TRUSTS AND TRUSTEES Continued. arising. 1915D-625, 643, 649; 1918E- 900. Improvement of land, payment of money for purpose as constituting resulting trust. 9-249. Jury trial in action to declare resulting trust, right to. 1913C-153. Oral agreement to hold in trust or re- convey lands conveyed under influ- ence of confidential relations; con- structive trust arising from. 2-777. Parol agreement made with person inter- ested in land, that promisor will buy land at judicial sale and hold for benefit of promisee, as implied trust enforceable in equity. 5-173; 12-542; 191SE-309. Part payment of consideration for realty taken in name of another as creating resulting trust. 2-667. Presumption of resulting trust arising from language of will as rebuttable by parol evidence. 1915B-52. Eenewal of lease, implied trust arising from. 7-295; 1912B-1100. Secret trust, liability of grantee under fraudulent conveyance for rents and profits. 1914A-1008. Sufficiency of evidence to establish con- structive or resulting trust. 1916D- 1194. Testamentary gift secured by promise of donee to hold for benefit of another, implied trust arising from. 21-1384. TRUTH. Libel and slander, criminal prosecution, truth as defense. 21-832. 1916A- 429. truth alone as complete in civil action for libel. 17-761; 191SC-335. TUBERCULOSIS. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1918B-773, 780. TUGS. Duty of tug to tow with respect to equip- ment of tug. 1914A-55. TUITION FEES TYPEWRITING. 881 TUGS Continued. Negligence of tug in towing as affecting liability of tow for collision. 19-301; 1915D-588. Tugboat as independent contractor. 19- 26. TUITION FEES. Expulsion or withdrawal of pupil from school as entitling to recovery of ad- vance payment of tuition fee. 1915D- 313. Incidental fees, right of public college or school to exact from students. 1914B- 405. TUMOR. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1916B-1299. TUNNELS. Construction under street by private citi- zen, power of municipality to permit. 1916B-750. Independent contractor, person contract- ing to build tunnel as constituting. 1918C-658. TURF. Removing turf as waste. 1918D-543. TURF EXCHANGE. Poolroom or turf exchange as nuisance. 1915C-1033. TURNPIKES AND TOLL EOADS Con- tinued. Location of toll gate, meaning of word "near" with respect to. 1913D-121. Minimum charge for use of road, right to make. 1914D-458. Municipal purchase of toll road, compen- sation payable. 1915B-1179 Title to turnpike after expiration of cor- poration's charter or franchise. 13- 665. TURNSTILES. Injuries received in turnstile, liability of proprietor. 16-117; 1916D-1235. TURNTABLES. Applicability of turntable doctrine to standing railroad cars. 1912D-916. Care required in operation of turntable in respect to children. 5-377; 8-866; 15-561. Jurisdiction 'in which doctrine is approved or disapproved. 11-901, 990. TURPENTINE. License tax imposed on owner of prem- ises for extracting turpentine from timber thereon, validity. 1918A-678. TYPESETTING MACHINE MANUFACTURERS. Manufacturer as engaged in 1916A-1201. trade." TURNPIKES AND TOLL ROADS. Bridge under control of county, right ' to collect tolls. 1914D-515. Excessive toll, criminal liability of corpo- ration for collecting. 1916C-465. Highways or public highways, term as including "turnpikes" or "toll roads." 17-804. Index to Notes 56 TYPEWRITING. by typewriting. 8-S6; Forgery of or 1916D-784. Signature in typewriting, within statute of frauds. sufficiency 1913B-663. Specimen of typewriting as admissible for purpose of comparison with disputed typewriting. 1914C-201. Typewriting as "trade." 1916A-1201. 882 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TYPHOID FEVER. TYPOGRAPHICAL ERRORS. Accident arising out of, and in course of, employment within Workmen'e Com- gtatutes intent as Controlling in construc- pensation Act. 1916B-1297; 1918B- ^ in case of error< 1 _ 752> 789. u ULTRA VIRES. Acceptance of benefits of ultra vires act of corporation as affecting one's right to equitable relief. 6-126. Bank contract of guaranty as affected by its ultra vires nature. 1916D-560, 565, 570. Effect of ultra vires purchase of land by corporation. 17-529. Insurance company, defense of ultra vires in action on policy. 4-1046. Invocation by municipality as defense against contract. 2403. Who may object to sale of property by corporation as ultra vines. 1916A- 839, 848. UNAUTHORIZED WORK. Injury resulting as accident arising out of, and in course of, employment within Workmen's Compensation Act. 1914B-501, 502. UNBORN CHILD. Contingent remainder to unborn person, destruction of. 1917A-902, 921, 925, 932. Death of unborn child by wrongful act, right to recover for. 1914C-615. Judgments and decrees, effect on unborn children. 2-790. Loss of unborn child as element of dam- ages in action for personal injuries to woman. 19-266. UNCHASTITY Continued. Concealment as ground for divorce or an- nulment of marriage. 1914C-1291. Excessiveness of verdict in action based on libelous or slanderous imputation of unchastity. 1913B-704, 70S; 1916D- 1176. UNCLE. Death by wrongful act ; inadequacy of verdict in action by nephew or niece. . 1916B-468. UNCONTRADICTED TES TIMONY. Weight of uncontradicted testimony. 4- 982; 12-245. UNCONTROLLABLE IM- PULSE. Irresistible or uncontrollable impulse as defense to criminal charge. 1912A- 36; 1917C-609. UNDENTED ACCUSA- TIONS. Admissibility of undenied accusation of crime in evidence in criminal prosecu- tion. 4-1042; 12-875; 1913C-240. UNDERGROUND PIPES. Liability for injuries caused by under- ground water-pipes. 1916C-1050. UNCHASTITY. Charging woman with unchastity as ac- tionable per se. 15-1242. UNDERGROUND ROOMS. Conduct of business in basement or room underground, validity of statute reg- ulating. 1914A-1132. UNDERGROUND WATERS UNIFORM SALES ACT. 883 UNDERGROUND WATERS. Liability for pollution. 16-676. , UNDERGROUND WIRES. H Eight of municipality to compel electric company to install wires in under- ground conduits. 1917E-532, 539. UNDERSTANDING. Breach of promise, understanding of fam- ily or friends of party as evidence of agreement to marry. 1916C-564. Libel and slander, understanding of iden- tity of person defamed, admissibility of testimony of readers or hearers of libel or slander. 19170-36. UNDERTAKERS. See Funeral Expenses. Contract for burial as insurance contract. 1916C-1016. Liability of undertaker for negligence with respect to dead body. 3-136. Statutory regulation of undertakers. 18- 477; 1913A-1252. Undertaking establishment as nuisance. 1912B-1208. UNDISCLOSED PRINCIPAL. See Agency. UNDUE INFLUENCE Continued. Wills, executor's declarations as admis- sible on issue of undue influence. 1913A-87. legatee's or devisee's declarations as admissible on issue of undue influ- ence. 21-50. -preparation of will by beneficiary as evidence of undue influence. 15-551. -testator's declarations not made at time of execution of will, admissibility on question of undue influence. 5-608; 10-600; 1917D-717. -unreasonable character of will as evi- dence of undue influence. 7-894. UNEARNED PREMIUM. Necessity of return or tender to effect cancellation of fire insurance policy by insurer. 1917B-910. UNEXPLAINED DEATH OR ACCIDENT. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1913C-5, 7, 8; 191SB- 775, 784, 794. UNFAIR COMPETITION. See Trademarks, Trade Names and Unfair Competition. UNDUE INFLUENCE. Conveyances inter vivos, child to parent, presumption and burden of proof of undue influence. 18-539. parent to child, presumption and burden of proof of undue influence. 17-989; 1915D-711; 1918B-457. Fraud, undue influence as related to fraud. 18-412. Man and mistress, presumption of undue influence arising from relation of. 9-783; 1913C-143. Presumption of undue influence arising from relation of man and woman en- gaged to be married. 1916C-1031. Trusts, setting aside during life of cre- ator for fraud or undue influence. 1918C-836. UNFAIR LIST. Publication that employer has been placed on "unfair list" of labor union as libelous. 15-677; 1918B-570. UNGUARDED SHAFTS. Liability of mine owner or operator for injuries resulting from unguarded mining excavations. 1916E-484. UNIFORM NEGOTIABLE INSTRU- MENTS LAW. See Bills and Notes. UNIFORM SALES ACT. See Sales. 884 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. UNIFORM WAREHOUSE RE- CEIPTS. See Warehouses. UNINCORPORATED ASSOCIA- TIONS. See Associations; Societies and Clubs. UNION DEPOTS. Employee as fellow-servant of employee of railroad company using depot. 18- 278. UNION EMPLOYEES. Discharge, validity of law prohibiting. 1-939. UNIONS. See Labor Combinations. UNITED STATES. Actions, right of United States to main- tain civil action. 1912D-514. Bonds of United States as subject to suc- cession tax on transfer by will or inheritance. 5-874. state taxation of federal bonds and ob- ligations. 4-936. Building contract with United States, va- lidity of assignment of proceeds. 191SD-614. Civil War claims, validity of statute regu- lating attorneys' fees. 1918C-863, 872; 191SE-538. Claims against United States, assignment, scope and construction of statute pro- hibiting. 20-1119. attorney's fee, validity and construc- tion of statute limiting amount. 1918C-863, 872; 1918E-538. part payment of claim as satisfaction. 1914D-824. Common law as not obtaining in federal courts. 1918A-984, 991. Contractor's bond, right of one furnishing labor or material for public work to sue on bond given by contractor. 1916A-761. Contracts with United States, annulment, suspension or modification, rights with respect to. 1918E-5, 34. UNITED STATES Continued. compensation, right to additional under contract with government. 1918E- 14, 36. Costs, liability of federal government. 8- 398. Criminal law, adoption of state laws for places under federal jurisdiction. 21- 946. place of trial and rights of accused in federal courts. 17-1117. Dredging through land under water held by private owner, right of federal government. 1915A-234. Ejectment against federal officer or agent in actual possession of premises, right to maintain. 1913D-357. Eminent domain, exercise of power for benefit of United States. 1915D-1228. nature and extent of power of United States. 1918E-39. state lands as subject to condemnation. 15-489. Extraterritorial operation of federal stat- ute as to acts of citizens of United States performed in another country. 16-1050. Indians as subject to state regulation. 13- 192; 1914B-652; 1915D-371. Militia, power of federal government with respect to state militia. 1917B-250. Officer of United States, who is, so as to be free from interference by state courts. 1914B-105. Patent rights, infringement by govern- ment or governmental agents, remedy against. 15-1109. Pension checks, right to recover money paid to bank cashing forged check. 16-1189. Public works of United States, what con- stitute. 11-595. Reservations, right of state or territory to tax personalty thereon. 14-964. Ees judicata, judgment in criminal pro- ceedings as bar to civil action by United States. 5-80. Salary or income of state officer, power of federal government to tax and vice versa. 7-S7; 12-827. Special assessments, liability of property of United States in absence of ex- UNITED STATES COURTS USAGES AND CUSTOMS. 885 UNITED STATES Continued. press statutory provision. 16-886; 1917D-844. Taxation by federal government of instru- mentalities of state governments. 4 747. state taxation of property granted or sold, but to which federal government still holds legal title, liability. 11- 391. UNITED STATES COURTS. See Courts. UNITED STATES MARSHALS. Carrying concealed weapons, exemption from statute against. 1914A-258. UNIVERSITIES. See Colleges and Universities. UNMARRIED WOMAN. Meaning of term within statute relating to seduction. 17-65. UNNATURAL DISPOSI- TION OF PROPERTY. Unjust or unnatural disposition of prop- erty as evidence of testamentary in- capacity. 13-1044; 1917C-130. UNOCCUPIED. Meaning as used with reference to build- ing in fire insurance policy. 1912D- 82. UNREGISTERED TRANSFERS. Eights of unregistered transferee of corpo- rate stock as against attachment or ex- ecution levied thereon. 21-1394; 1917A-428. UNKNOWN CLAIMANTS. Constructive service, validity of statute providing for. 1914D-677. UNLAWFUL ASSEMBLY. Distinction between riot and unlawful as- sembly. 17-1149. Engaging in labor or amusement on Sun- day as offense at common law or un- der statute other than Sunday law. 1918B-387. UNLAWFUL DETAINER. See Forcible Entry and Detainer. Estoppel of tenant to deny landlord's title in action by landlord to recover pos- session of premises. 1912D-101. Vendee under contract to purchase, right to bring action of unlawful detainer against him. 1915C-317. UNLOADING CARS. Persons engaged in work as not bare licensees. 1-601. UNREPEATED MES- SAGES. Stipulation regarding unrepeated message, applicability in cases of negligence in transmission or delay. 14-374. UNTENANTABLE. Meaning of word in lease. 1913A-1101. URINARY ORGANS. Excessiveness or inadequacy of verdict for injuries affecting. 16-43; 1916B-442. USAGES AND CUSTOMS. Agent's power to delegate authority as im- plied from usage. 1915D-14. Arbitrators, power to determine existence of usage or custom. 1916D-360. Attorney's personal liability for incidental expenses of action as affected by cus- tom. 1917B-523. Beneficial associations, customary accept- ance of arrearages for dues and gen- eral course of dealing as constituting 886 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. USAGES AND CUSTOMS Continued. waiver of forfeiture of certificate. 11-541; 19140-439; 1916D-592. Carriers of goods, delivery of goods to car- rier by deposit at other than regular station as affected by custom. 1912D- 130. reasonable time for removal of goods by consignee from premises of carrier 'as affected by custom. 21-534, 538; 191SE-1116. Carriers of passengers, contributory negli- gence of passenger alighting on non- platform side of train as affected by custom or usage. 1914C-506. evidence of custom of passengers alight- ing from train or car at other than usual stopping place or depot as ad- missible in action against carrier for injuries. 1913C-1383. stopping places, right of passenger to rely on custom of letting passengers off at destination not usual stopping station. 1912C-556. Clearing-house usages. 1914C-514. Crops, right of outgoing tenant on expira- tion of term as affected by custom. 9-1140. Evidence, general conduct under proven circumstances, admissibility to show similar conduct under similar circum- stances on particular occasion. 1913D- 1256. Factor's duty to insure principal's goods as imposed by custom or usage. 14-681. Fire insurance contract as subject to modification by parol evidence of cus- tom or usage. 1914C-72. Fishing right in navigable river acquired by usage or custom. 21-781. Judicial notice of usage or custom. 12- 430; 1912A-397. Life insurance, custom of receiving over- due payments of insurance premiums as evidence of waiver of forfeiture clause. 7-386. Master and servant, contract of hiring for indefinite time, duration of general con- tract as affected by custom. 8-281; 1913D-218. rules and regulations of master as in- operative under customary practice of servants. 8-12; 10-153. Negligence, ordinary practice or custom in performance of similar act, admis- USAGES AND CUSTOMS Continued. sibility as evidence on issue of negli- gence. 20-1205; 1913D-1256. Nonresident as bound by local custom or usage. 19-945. Pewholder's rights as affected by custom. 1915C-951. Pleading custom, necessity in negligence action.. 1912B-1064. Public parks and squares, effect of usage upon right to erect buildings therein. 11-46S; 21-141. Railroads, knowledge of usage or custom in operation as affecting contributory negligence of injured sectionmen or track-repairers. 8-335. signaling at private crossings by rail- road, failure to give customary signals as affecting right to recover for in- juries. 21-571. Eent payments, effect of customary ac- ceptance by landlord after stipulated time. 15-253. Stock broker and customer^ relations as affected by customs and usages. 1915B-908. Unconscious performance of physical act as result of constant repetition of act. 1913A-1143. Verdict, requirement of signature as affected by usage of jurisdiction. 1913D-182. Warehouses, whether deposit of grain is bailment or sale as affected by cus- tom or usage. 10-1076. Words, peculiar signification of word in lo- cality where instrument was executed, admigsibility of evidence. 1916C-655. USE. Loss of use in case of injury to article used for pleasure, right to recover damages. 1917A-127. Value of use of chattel, evidence admis- sible to show. 1914B-808. right of successful party in replevin to recover as damages value of use of property while deprived of its posses- sion. 1914A-378; 1917B-10S6. Vessel, loss of use as element of damages for collision without total loss. 1917B-999. USERUSURY. 887 USER. Creation of highway by user through mis- take of other than authorized location. 3-142. Implied acceptance by public user of land dedicated for highway. 3-792. Presumption of dedication from user of highway. 1914D-335. Width of highways acquired by adverse user. 2-973. USING. Meaning of "using" in fire insurance policy as applied to prohibited articles. 13- 549; 19-414; 1914B-133; 1918D-294. USURPERS. Distinction between usurper and de facto officer. 1913C-1046. Quo warranto as remedy extending to usurpation of office in private corpora- tion. 1915A-1145. USURY Continued. other jurisdiction, law governing va- lidity. 11-225. Corporations pleading usury as defense, statutes prohibiting. 14-115. Defense of usury, availability to pur- chaser of property charged with usurious debt. 2-46; 1912B-224. cJxecutors and administrators, agreement to pay usurious interest by personal representative as binding upon estate of decedent. 1-770. "Foreign laws, presumption as to penalty imposed by. 1-459. Mortgages, usurious mortgage as defense by purchaser of property who assumes existing mortgage. 1914A-188. Penalty, amount under statutes author- izing recovery of double amount of interest paid. 3-849. Renewal contract as affected by usury in original contract. 1918A-753, 769. Repeal of statute as affecting prior con- tract void under statute. 1913C-1401. USURY. 1. In General. 2. What Constitutes Usury. S. Remedies. 4. Criminal Liability. 1. In General Agent entering into usurious contract, act as binding principal. 1916C-327. Assignment of chose in action "without re- course," implied warranty as to usury. 1912A-925. Attorney taking usury as ground for dis- barment. 1914C-287. Banks, usurious note discounted by bank before maturity without notice of usury, validity in hands of bank. 12 1149. Building and loan associations, exemption from usury laws, constitutionality of statutes. 2-996; 20-1252; 1916E-232. usury laws governing building and loan contracts. 1-241; 14-736. Conflict of laws, mortgage on lands in one jurisdiction given to secure debt con- tracted or obligation executed in an- 2. What Constitutes Usury. Acceleration of maturity of debt on de- fault in payment of interest or instal- ment of principal, provision as usurious. 1917D-725. Accommodation paper purchased at dis- count in excess of legal rate without notice of nature thereof as constitut- ing usury. 1912D-S87. Advance taking of interest as usury. 1915C-1156. Building and loan association contract as usurious in absence of statute. 1914C- 1305. Computing interest on basis of three hun- dred and sixty days in year as usury. 4-643. Excessive price on sale of property to en- able purchaser to raise money by re- selling as usurious transaction. 7-986. Expenses of making loan, exaction from borrower as usury. 1914C-410. Increased interest after maturity of in- debtedness, stipulation for as consti- tuting usury. 7-489. Interest on overdue interest as usury. 13-151. INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. TJSTTRY Continued. Mistake, reservation of illegal interest through mistake of fact as usury. 9- 548. Negotiable instrument sold for less than face value as usury. 1913C-1327. Payment of debt before maturity includ- ing interest to maturity as usury. 20- 1350. Recording or other tax, requiring borrower to pay as usury. 1915C-777. Relation of parties as affecting usurious nature of contract. 1915D-115. Sale of property or performance of labor on credit as within usury law. 20 1131. 3. Remedies. Equity jurisdiction to grant affirmative re- lief against usurious contract. 2-912. Limitation of actions, running of statute against action to recover penalty or forfeiture for taking, usury. 21-446. National banks, jurisdiction of action to recover penalty for taking usurious interest. 1916D-1246. USUKY Continued. sufficiency of petition or complaint in action against national bank for tak- ing usurious interest. 1912C-689. Necessity that person seeking equitable re- lief against usury should do equity. 1914D-1028. Parol evidence, admissibility to show usurious character of contract. 16- 390. Recovery of usurious interest, right of debtor as affected by statute pro- viding other remedy. 1915A-762. Replevin, right to show usury under gen- eral denial. 20-301. Voluntary payment of usury, recovery. 1- 421. 4. Criminal Liability. Constitutionality of statutes declaring tak- ing of usury criminal. 5-386; 1912C- 828. Cruel and unusual punishment for taking, what constitutes. 1918B-400. Place where usury law is violated as dis- orderly house. 18-988. UTTERING. See Forgery. V VACANCY. Adverse possession, vacancy of land as constituting break in continuity of possession. 1916A-608. Fire insurance, applicability of vacancy clause where building becomes unin- habitable without fault of insured. 1914C-1175. rented property, construction of vacancy clause in policy issued on rented prop- erty. 9-95; 1917B-669. revival of policy by occupancy after va- cancy. 9-55; 1916C-770. "unoccupied," meaning of term as used with reference to building in policy. 1912D-82. Public officers, death of officer-elect before commencement of term as creating vacancy in office. 17-S6. VACANCY Continued. existence of vacancy in office on taking effect of law creating office. 1915D- 127. governor, existence and effect of va- cancy in office. 1915A-577. notice of vacancy to be filled by election, effect of failure to give. 1914C-595. term of person elected or appointed to fill vacancy in absence of express stat- utory or constitutional provision. 12- 572; 1913D-619. VACANT LOTS. Play-ing games on vacant lot as nuisance for which owner may be enjoined. 14-177. VACATION VALUE. 889 VACATION. Courts, judge in vacation as "court." 1913E-392. power of court sitting in vacation with respect to pleadings. 1916A-1228. Judgments, adoption decree, grounds for vacation. 17-548. direct proceedings for vacation of divorce decree brought by surviving party af- ter death of other party. 5-892; 1913B-369. divorce decree, po'.ver of court to vacate for fraud. 18-1002. infants, vacation of judgment affecting infant duly represented. 1917B-922. subsequent term, power of court where proceeding to vacate is commenced during term at which judgment is ren- dered. 1916D-1260. New trial, power of court to vacate order determining motion for new trial. 1913B-485; 1917C-1151. Streets, compensation for vacation of street, persons entitled to. 15-687; 1913D-790; 1916C-238. power to vacate streets. 2-S7. VACCINATION. Compulsory vaccination, validity of statutes. 1-336; 3-773; 7-417; 10-8S2; 14-945. Suspension of child from school because not vaccinated, right to suspend. 1912A- 375. VAGRANCY. Constitutionality of vagrancy statutes. 21-478. "Crime" for conviction of which witness may be impeached, vagrancy as. 1916A-277. Fortune-telling. 1914A-900. VALIDATING ACTS. Legislative power to validate or invalidate judgments of courts. 2-241. Validating unconstitutional statute by amendment. 4-920. VALUABLE PAPERS. What are within rule that holographic will must be found among valuable papers. 5-636. VALUABLE THING. Legal meaning of term. 1915A-30. VALUE. Attorney's services, expert evidence on question of value, admissibility and necessity. 20-53; 1914D-369. Bankruptcy, insolvency within bankruptcy law as affected by value of exemp- tions, preferences, fraudulent trans- fers, contingent value, fair market value and mortgagor's interest in mortgaged property. 11-449. Bribery, sufficiency of indictment or infor- mation with respect to allegation of value of thing offered or received as- bribe. 1918A-314. Carrier of goods, contract between carrier of goods and shipper fixing value for purpose of limiting liability to such amount, validity. 12-1124; 18-353; 1913D-981. depreciation in value, carrier's delay in transporting goods resulting in de- preciation, measure of damages for. 1917D-164. value of railroad property as element in determining reasonableness of rates charged. 1916A-14, 56. Comparison with other property to estab- lish value, existence of similarity in order to render evidence admissible as question for court. 19130-582. Conversion of property without commer- cial value, trover for. 1914B-823. Corporate stock, evidence admissible to prove value. 1915C-64. value of stock as element of damages for conversion. 18-608. Eminent domain, admissions or declara- tions of owner as to value of property, admissibility in evidence. 1912D-289. availability of water supply as element of value of land taken. 1912C-1238. jury's finding of value in eminent do- main proceedings, basis for. 3-302. offer to purchase by third person as evi- dence of value of property taken. 5-971. price paid by other than condemnor for similar property as evidence of value. 1916E-598. proof of price paid by condemnor for other property for use in same enter- 890 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VALUE Continued. prise as evidence of value of property condemned. 20-695; 1914A-375. time for estimating value of property appropriated for public use. 9-115. Evidence, owner as qualified to testify as witness to value of property. 8-S32. price paid for personalty or services as constituting evidence of value. 1916D- 797, 805, 810. Exchange of property, ascertainment of value as element of measure of dam- ages. 15-476. Homestead, increase or decrease in value of homestead as affecting right of re- assignment. 16-119. Inheritance tax, appreciation or deprecia- tion of property subsequent to death of decedent as affecting assessment of succession tax. 1912C-1017. life beneficiary's interest, method of de- ' termining value under Inheritance Tax Act. 1914D-77. Innkeepers, necessity that guest declare value of property deposited with inn- keeper for safekeeping.. 1914D-367. Larceny, degree of larceny as determined by proof of value of article stolen. 1912A-895. necessity of alleging value in indictment for larceny. 2-857. verdict of conviction for larceny, neces- sity for stating value of stolen goods. 19-687. Life insurance policy, value as susceptible of judicial determination. 1914D-164. Market value, household goods, measure of damages for conversion, or failure to deliver, household goods. 1917B-585. loss or destruction of property having no market value, measure of damages. 1917B-579. Money, necessity of alleging value in in- dictment for embezzlement. 13-554. Replevin, depreciation in value of re- plevied property as affecting right of defendant to compensation on return of property. 2-961. recital of value in replevin writ or bond as evidence in action on bond. 18 1 - 113. use of property unlawfully detained as element of damages recoverable in re- plevin. 1914A-378; 1917B-1086. VALUE Continued. value of property replevied as recover* able in action for breach of replevin bond. 4-1135. Sales, bill of sale as mortgage, edmissibil- ity of evidence of value of property transferred upon issue. 11-327. misrepresentation as to value of goods, measure of damages. 1913E 274. Specific performance, change in value of property as warranting court in re- fusing specific performance of con- tract for sale of land. 1912C-559. Use of chattel, evidence admissible to show value of use. 1914B-808. Vessels, value of use as element of dam- ages for loss resulting from collision without total loss. 1917B-1002. wrecks, value of wreck as element in de- termining constructive total loss under marine insurance. 12-23. VALUE RECEIVED. Sufficiency of recital as statement of con- sideration. 1912A-1241. VARIANCE. Attachment, variance in statement of claim between affidavit for attachment and declaration. 3-186. Burglary indictment and proof as to own- ership of goods, effect. 1912C-116. Indictment and proof with respect to suffix to name. 1917A-1214. Insurance, application or policy as govern ing in case of variance. 11-708. Negotiable instrument as to name of payee and his indorsement, effect. 1914D- 979. Perjury variance between pleading ana proof as to date of false swearing. 21-1157. "Reversal of judgment for variance, right of appellate court sua sponte. 1914A- 468. technical violation of rule that allega- tions and proof must agree as warrant- ing reversal of judgment. 1913D-6S. Statutes, printed statute and enrolled bill, which governs in case of variance. 17-365. VARICOCELE VEHICLES. 891 VARICOCELE. Excessiveness of verdict for injury result- ing in. varicocele. 16-46. VARICOSE VEINS. Excessiveness of verdict for injury result- ing in varicose veins. 16-46. VASECTOMY. Vasectomy as cruel and unusual punish- ment. 1918B-398. VAULTS. Abutting owner's right to construct vault under sidewalk. 2-366. Burglary, sufficiency of indictment with re- spect to description of vault. 1913D- 876. VEGETABLES. Diseased vegetables, validity of statute providing for destruction. 1917E-220. VEGETATION. Brick kiln injuring vegetation as negli- gence. 1917E-422. Gas escaping from pipes injuring vegeta- tion, liability of gas company. 1914C 362. VEHICLES. See Automobiles. Business vehicles prohibited use of streets, validity of ordinance. 1916E-969. Collision with motorcycle, right of action of driver of latter. 1917A-223. Contributory negligence of driver as im- putable to occupant of vehicle. 3-703; 9-408; 1916E-685. Exemptions, vehicle as tool, implement or instrument within exemption statute. 1917D-96. Fire apparatus, care required of driver of vehicle to avoid collision with vehicle. 1918A-290. Guests, liability of owner of vehicle for injury to person riding as guest. 1915D-345. VEHICLES Continued. Hacks, taxicabs or the like, municipal reg- ulation. 1914D-735. Imputed negligence, automobile driver's negligence as imputable to occupant. 19-1225. spouse driving vehicle, negligence as im- putable to spouse injured. 1912A-643. Infant stealing ride on vehicle, liability for injury. 1917D-379. Licenses, carrying person or property for hire, power of municipality to tax for use of streets. 5-908; 14-545. Lien for repair of wagon, assign ability. 1916A-619. Manufacture of vehicles, contracts as within statute of frauds. 19-1304. Motor vehicles as included within word "vehicle," "carriage" or similar term. 6-922; 1913B-755; 1916B-513. Name on vehicle as evidence of ownership. 1915D-353. Negligent operation of vehicle in streets, liability of city. 1914B-342. Pedestrians, rights and duties of vehicles as respects pedestrians. 4 398; 1914A-249. Person working in street, driver's duty and liability with respect to. 1912A- 848. Eight of way, validity of statute giving particular vehicles right of way in streets. 1915A-93. Speed regulation of vehicles in streets and highways, constitutionality of statutes and ordinances. 3-495; 7-551; 8-347; 11-728; 1916E-1067. Stopping or leaving vehicle in dangerous place in street as negligence preclud- ing recovery for resulting injuries. 1917C-1229, 1243. Street railway, duty and liability as to vehicles moving along its tracks. 7- 1127; 18-510. liability for injury to vehicle caused by manner of construction of track. 1913D-532. motorman's duty to give notice to ve- hicle near tracks of approach of car by sounding gong or bell. 20-157. Turning to right, how far vehicles must turn to right to comply with law of road. 5-148. 892 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VEHICLES C ontinued. Width of tires, validity of statute or ordi- nance regulating. 21-1222. Workmen's Compensation Act as applica- ble to operation thereof. 1917D-28. VENDOR AND PUR- CHASER. 1. In General. 2. Options. 3. Contracts of Sale. A. GENERALLY. B. RESCISSION. C. STATUTE OF FRAUDS. 4. Eights of Parties. A. GENERALLY. B. SPECIFIC PERFORMANCE. 5. Interest, Title and Possession. A. GENERALLY. B. BONA FIDE PURCHASERS. 3. Liens. 7. Covenants and Restrictive Agreements. See Public Lands. 1. In General. Abstracts of title, liability of abstractor as enforceable by either party. 1918E-94. Conflict of laws as to executory contract for sale of land. 20-468. Corporations, ultra vires sale of property, right of vendee to object. 1916A- 841. Curtesy, right in lands held under contract of purchase. 15-580. Descent and distribution, estate taken by devisee of land contracted to be sold. 9-34. Dower right of widow in contract to con- vey land unexecuted at time of death. 1913A-630. Fixtures, effect of agreement that articles annexed to land shall not become fix- tures and that title shall not pass on rights of subsequent purchaser or mortgagee of land without notice. 4- 1073. Lis pendens, effect upon prior executory contract for sale of land. 7-1092. VENDOR AND PURCHASER Continued. Mechanic's lien, improvements by vendee as subjecting realty to mechanic's lien. 11-1085; 19-736; 1916C-1135- 1918C-1019. Negroes, right to enjoin owner from sell- ing or offering to sell realty to colored persons. 1914B-826. Nuisances on property, liability of pur- chaser for continuation. 13-108. Trees and timber, time within which standing timber reserved in convey- ance of land must be removed. 6 249. 2. Options. Brokers, option given broker to purchase in contract employing him to find pur- chaser, rights of parties. 1914D-120-5. power to option not included within broker's power to sell. 2-423; 1914C- 366. Equitable conversion, application of doc- trine to optional purchase of land. 1913B-67. Incumbrances, rights of parties under op- tional contract for purchase of land, where land is subject to incumbrance not provided for in contract. 191 3E- 923. Injury or destruction of premises as af- fecting rights of parties under option contract of purchase. 1913A-1295. Leases, effect of option to purchase con- tained in lease of taking new lease of premises. 1915 A 357. Perpetuities, option to purchase realty as violation of rule against perpetuities. 1916D-577. Sale or assignment of option to purchase land, right to sell or assign. 1914B- 1228. Specific performance of optional contracts. 1-990; 12-90; 1913A-362. 3. Contracts of Sale. A. GENERALLY. "About," meaning with reference to quan- tity in contract for sale or exchange of land. 1918D-701. Agent expressly authorized to execute contract for sale of land, but contract VENDOR AND PURCHASER. 893 VENDOR AND PURCHASER Continued. VENDOR AND PURCHASER Continued. containing terms not expressly au- thorized, effect. 1914D-1087. ^'Assignees" as including purchasers or grantees. 1913B-737, 739. Assignment, necessity .that written con- tract for purchase of land be assigned in writing. 15-1177. restriction against assignment in con- tract for sale of realty, validity and enforceability. 1913A-229; 1915 A- 1127. Avoidance of contract to convey realty, provision avoiding contract on failure of vendee to perform conditions as provision for benefit of vendor only. 19-641. Brokers, power of real estate broker to make contract for sale of land. 8- 851; 1917A-522. Collateral oral agreement as admissible to supplement terms of contract for sale of realty. 1914A-i56. Corporations, authority of officer of cor- poration to enter into contract for purchase or sale of real estate. 1917A-482. "Escrow," term as applicable to contract for sale of land. 1916B-1031. Executed sale of land, admissibility of parol evidence to establish fact. 1914C-708. False representations innocently made, lia- bility of vendor of realty. 1913C-63. Fraudulent representation by vendor as to area as actionable deceit, where true boundaries are pointed out. 16- 502. Homestead property, validity and effect of contract to convey by husband with- out joinder O r consent of wife. 9-13; 15-1121; 1917A-77. Opinion on question of law by party to contract for sale of land an sufficient basis to support charge of fraud. 1913B-1143. Revival of defunct contract for sale of land by oral contract. 17-1111. Stipulation in contract of sale of land giving parties right, on default, to treat transaction as lease, validity and effect. 1912A-576. Uncertainty in description of land re- served or excepted in contract of sale, effect. 19-1209. Written matter as controlling printed matter in construction of contract for sale of land. 1913E-962. B. RESCISSION. Assignment of contract for purchase of land, right of assignee to sue for re- scission thereof. 1917E-845. False statement by vendor of intention to make improvement affecting property sold as fraud sufficient to avoid con- tract of sale or deed. 1914B-862. Misrepresentation by grantee as to condi- tion, value, etc., of property, right of grantor to cancellation of deed. 1912A-405. Mistake in quantity of land as ground for rescission of sale. 4-52. Tender of less land than quantity pro- vided for, right of purchaser to re- scind for breach of contract. 1916D- 1154. Venue, county in which action to set aside contract for sale of realty must be brought. 3-727. Written contract for sale of land, neces- sity for written abandonment or re- scission. 14-729. C. STATUTE op FBAUDS. Improvements placed on land by vendee, liability of vendor on breach of oral contract for sale. 1913C-390. Incumbrance on land, oral agreement by vendor or vendee to remove as within statute of frauds. 1916B-221. Money paid under verbal contract for sale of land right of purchaser to recover. 2-931. Oral contract for purchase of land as de- fense to action of ejectment against vendee in possession. 1912A-566. Repudiation of contract for sale of land by vendee on ground of statute of frauds, right of vendee to recover for his acts of part performance where vendor is willing to carry out con- tract. 1914D-471. 894 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VENDOR AND PURCHASER Continued. Several parcels of land sold under parol contract, possession of one as part performance within statute of frauds. 8-80. Terms of sale, necessity that memorandum within statute of frauds contain. 9- 10GO. Undisclosed principal, memorandum of sale disclosing that one party signs for un- disclosed principal as sufficient within statute of frauds, 12-487. Written contract to convey part of tract on selection by vendor or purchaser as within statute of frauds. 19-373. 4. Rights of Parties. A. GENERALLY. Application of purchase money, duty of purchaser from life tenant, trustee, or other donee of power to sell to see to application. 4-371. Breach of contract to sell due to vendor's inability to make title, measure of damages. 2-634. Crops grown by purchaser, right to crops after termination of executory con- tract for sale of land. 1913B-635. parol reservation of crops by vendor of land, validity. 18-504; 1915A-1155; 1916C-344. Deficiency in quality or quantity, remedy of vendee. 1915D-1108. Destruction of buildings or deterioration of property before conveyance, rights of parties to executory contract for sale of land. 9-1055; 18-796; 1913E- 304. Ejectment against vendee not in default, right of vendor to maintain action. 20-353. Equitable conversion, doctrine as appli- cable where vendor dies before car- rying out contract for sale of realty. 1914D-419. Execution sale of land held under contract of sale, injunction against at suit of either purchaser or vendor. 1918(3- 194, 202. Improvements, liability of vendor for im- provements placed on land by vendee on breach of oral contract for sale of land. 1913C-390. VENDOR AND PURCHASER Continued. reimbursement for improvements, right of defaulting purchaser unde? con- tract for sale of land. 1917C-85. Insurance money, right of parties t to executory contract for sale of land where buildings are destroyed before conveyance. 9-1057. Interest, liability of purchaser in posses- sion of land where completion of con- tract is delayed. 8-935. Money paid, right of purchaser under verbal contract for sale of land to recover. 2-931; 1918C-432. Mortgaged premises, right of purchaser to assignment of mortgage on paying in-' debtedness. 1914B-570. Personal deed from vendor, right of pur- chaser under contract for sale of realty to demand. 1913B-958; 1915B- 1038. Price of land, action at law for purchase price on breach by purchaser of ex- ecutory contract for sale of land. 4- 791. presumption of payment of purchase money under contract for sale of land. 1913A-508. return of consideration on repudiation of void contract. 1914C-898. Taxation, liability for taxes of parties to contract for sale of land. 18-450. subrogation to tax lien, right of vendor or vendee paying tax. 17-1135; 1912B-751. Unlawful detainer against vendee under contract to purchase, right to bring action. 1915C-317. Vendor's inability to make title, measure of damages for breach of contract to sell land. 2-634; 1917B-858. B. SPECIFIC PERFORMANCE. Action for specific performance of con- tract to convey realty as proceeding in personam or in rem. 3-1004. Change in value of property as warrant- ing court in refusing specific perform- ance of contract for sale of land. 1912O-559. Compensation, right of specific perform- ance of contract for sale of land with compensation. 1915D-1108. VENDOR AND PURCHASER. 895 VENDOR AND PURCHASER Continued. VENDOR AND PURCHASER Continued. Extraterritorial jurisdiction, right of ven- dor in executory contract for sale of realty to maintain action for specific performance where land is situated in another state or country. 1912C-539. Forfeiture of rights under contract by failure to make payment as affecting enforceability by vendee. 1913D- 832; 1916B-687. Form of conveyance which may be de- creed in action for specific perform- ance of contract to convey land. 1915C-489. Laches as defense to action by vendee where contract does not fix time for performance of contract for sale of land. 1915B-1109. Oral contract for resale as defense to ac- tion for specific performance of con- tract to convey. 1914D-461. Partial interest in land, extent of enforce- ability of contract for sale of land where vendor has only partial inter- est. 10-562. Payment or tender of purchase price as condition precedent to right of pur- chaser to specific performance. 4-852; 1913C-647. Price to be fixed by appraisers, specific performance of contract for sale of land. 8-664. Subsequent sale by vendor to another, right of original vendee in contract to convey realty to specific perform- ance against later purchaser. 17- 1036. Time to perfect title, when vendor in suit for specific performance may be al- lowed time by court. 1912A-323. Wife of vendor refusing to join in con- veyance, specific performance of hus- band's contract to convey. 14-671; 1914A-207; 1915C-1038. 5. Interest, Title and Possession. A. GENERALLY. Aliens, estoppel of grantor in deed to deny title of alien grantee on ground that latter cannot hold property. 13-532. Assignment by vendor or by purchaser of executory contract for sale of land, in- terest taken by assignee. 5-419. Creditor's bill as reaching interest in con- tract for purchase of land. 1914B- 953. Curing defective description of land by putting purchaser in possession. 1912A-750. Defective title as defense to action for purchase price against purchaser in possession. 3-365. Descent and distribution, descendible and devisable quality of interest of vendee in executory contract for sale of realty. 8-954. Eminent domain, compensation as between grantor and grantee where land is conveyed pending condemnation pro- ceedings. 1915A-732. condemnation of land, right of vendee under contract of sale to compensa- tion. 1912A-456. railroad right of way, purchaser's right to recover compensation for land on which it has been constructed. 1912A-1056. Estoppel of purchaser tinder executory contract of sale to deny vendor's title. 1912C-404. v Excess or deficiency found to exist in tract of land subdivided into several tracts, apportionment of. 1912A- 1273. Fraud, rights of parties where vendee who has received conveyance but has not paid full purchase price receives no- tice that vendor obtained title by fraud. 1914A-44. Freeholder, vendor or vendee in contract for sale of land as "freeholder." 1913D-329. Good title, oral agreement by vendor to make title good as within statute of frauds. 1913D-1239. Heating apparatus and stoves as realty passing to purchaser. 2-375. Incumbrances, oral agreement by vendor or vendee to remove existing incum- brance as within statute of frauds. 1916B-2'21. Injunction by vendor to prevent injury to trees or timber, right to enjoin where title to lands sold is retained. 11- 460. 896 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VENDOR AND PURCHASER Continued. VENDOR AND PURCHASER Continued. "Interest," meaning as used with respect to transfer of property right. 1912B- 525. Irrigation contract between vendor and third person, purchaser's liability as to obligations imposed. 1913B-528. Judgment against vendor in action brought after sale, conclusiveness against purchaser of land. 3-339. Marketability of title, admissibility of opinion evidence as to. 21-840. Mine under contract of sale, right of ven- dee to sue for damages for wrongful working by another. 1913C-1103. Possession of realty, implied right of pur- chaser to possession. 4-1018. Uecordation, effect of delay in recording instrument on rights of intervening purchaser without notice. 7-367. Satisfactory title, construction of provi- sion that title shall be "satisfactory" to vendee. 8-273; 1915C-536. Searching record, how far back is pur- chaser bound to search record title of his vendor. 1914A-1288. Usury, availability of defense of usury to purchaser of property charged with usurious debt. 2-46; 1912B-224. B. BONA FIDE PUBCHASERS. Antecedent debt as consideration consti- tuting grantee or mortgagee purchaser for value. 3-395. Community property, purchaser thereof as bona fide purchaser. 1918C-469. Constructive notice to purchaser flowing from possession by tenant, extent of. 1913A-1214. Equitable interest as within application of doctrine of bona fide purchase of land. 1918C-455, 474, 477. Notice of prior equity after payment of price but before acquisition of title, as affecting status as bona fide pur- chaser. 21-463. Pre-existing debts, person taking convey- ance of realty in payment of pre-exist- ing debt as purchaser for value. 1918A-112. Priorities, fractions of day in computation of time for purpose of determining . priorities. 2-135. Purchaser pendente lite, who is. 1918C 53, 81, 83, 86, 90. 6. Liens. Creditor of vendor as entitled to enforce implied vendor's lien. 1914C-499. Estoppel to assert implied vendor's lien. 20-578. Injunction against- execution sale of land, right of holder of vendor's lien to enjoin. 1918C-276. Judgment lien as extending to interest of judgment debtor in land existing by virtue of executory contract of pur- chase. 1914B-978. Jurisdictions recognizing implied vendor's lien. 2'-372. Limitation of statute barring remedy for purchase price as affecting right to enforce implied vendor's lien. 1914A- 278. Priorities, implied vendor's lien and judg- ment against purchaser, priority be- tween. 1916D-384. wages, priority of employees' statutory lien for wages as against subsequent purchaser. 10-346. Property or interest subject to implied vendor's lien. 21-951. Purchaser's lien for purchase money on vendor's failure to complete contract. 8-958; 15-824. Receiver's certificate, priority over ven- dor's lien. 1913C-56. Repudiated contract, lien of purchaser for money paid and value of improve- ments under repudiated contract. 2- 932. Security taken from third person as waiver of implied vendor's lien. 13- 869; 19I4D-1225. Support of vendor, existence of implied vendor's lien where consideration for conveyance is agreement to support vendor for life. 20-927; 1917C-288. * Waiver of vendor's lien by pursuit of rem- edy at law. 13-92. 7. Covenants and Restrictive Agreements. Business offensive to neighborhood, con- struction of building restriction pro- VENDOR'S LIEN VENUE. 897 VENDOR AND PURCHASER Continued. hibiting erection of building for pur- pose. 11-173. Change of circumstances as ' warranting refusal by court of equity to enforce building restriction. 5-48. Covenants, right of purchaser to recover on, where title or incumbrance is held by him. 21-1060. Damage to complainant, right to enforce building restriction as dependent on. 1914A-904. Disregard of building line or restriction by one purchaser as affecting his right to compel others to observe it. 1913D-428. Dwellings, construction of covenant in deed restricting building on premises to use as dwelling-house. 1912D-477; 1915A-419. Front line of premises, construction of building restriction to effect that building shall be erected not less than certain distance from front line of premises. 1914A-3. Implied covenant of vendor of land ac- cording to map not to alter or change streets. 16-582. Intoxicating liquors, covenant against sale as covenant running with land. 14- 129. Public or public service corporation as bound by building restriction or re- strictive agreement. 1918B-591. Purchaser under general plan, right to en- force common building restriction against another purchaser. 14-1021; 1913E-822. Eight to enforcement of restrictive cove- nant as dependent on meaning of covenant being clear. 1912A-80. Signboard or billboard, erection as viola- tion of restrictive covenant against offensive trade or business or similar covenant. 16-225. Subpurchaser's right to enforce in equity restrictive covenant not running with land where covenantee has no interest in adjoining land. 1916C-942. Subsequent sales, validity within statute of frauds of agreement by vendor of property that he will impose similar restrictions. 1914A-434. Waiver of restrictive agreements by ac- quiescence in violation. 1-603; 14- 760; 1915B-147. Index to Notes 57 VENDOR'S LIEN. See Vendor and Purchaser. Uniform Sales Act, loss of lien under. 1918D-412. Warehouse receipt, transfer as divesting vendor's lien. 1917D-112. VENEREAL DISEASES. Advertising cure, prohibitory statutes. 1916A-910. VENIRE DE NOVO. Waiver of motion for new trial by moving for venire de novo. 1914B-615. VENUE. 1. In General. 2. Particular Actions. 3. Change of Venue. See Removal of Causes. 1. In General. Constitutional right of party defendant to be sued in Bounty of his residence. 1912C-614. Crime committed in two counties, validity of statutes fixing place of prosecution. 4-1194. Offense subject to prosecution in county other than where committed, validity of statute making. 9-615; 19-1236. Proof of venue, quantity of proof neces- sary to establish in criminal prosecu- tion. 1912B-939. "Residence" as synonymous with "domr idle" in statute regulating venue. 1915C-791. Stipulation between parties fixing in par- ticular county, validity and enforce- ability of agreement. 1912C-815. Summons by justice of peace, as affected by error in laying venue. 1914A- 1086. 2. Particular Actions. Abandonment of wife by husband, venue of criminal prosecution. 1913C-596. 898 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. . VENUE Continued. Abatement of nuisance, venue of civil ac- tion. 1913E-1272. Condemnation proceedings as to land lo- cated in more than one county, venue of. 19-984. Conspiracy, venue of prosecution for crim- inal conspiracy. 1914A-632. Conversion of timber severed from realty, forum in which action must be brought. 3-344; 21-1314; 1913E-597. Corporate stock, venue of action to re- cover shares. 1913D-506. Criminal offenses committed in territory out of which new county is created, jurisdiction of. 4-555; 1914B-348. Damages to realty, forum in which action must be brought. 3-44; 21-1314; 1913E-597. Federal courts^ rights of accused as to place of trial. 17-1117. Forgery prosecution, uttering or posses- sion of forged instrument as deter- mining factor on question of venue. 1912A-303. Fraudulent conveyances, venue of action to set aside transfer of realty as in fraud of creditors. 1913D-663. Injunction against execution sale, venue of action. 1918C-277. Libel or slander, venue of action or pros- ecution. 9-382; 1&15A-697. Municipal corporations, jurisdiction of ac- tions against. 4-1170; 10-37. Eent of realty, proper venue of action to recover. 1912C-914. Eescission, county in which action must be brought to set aside contract for sale of realty. 3-727. Tort of public officer, proper county for place of trial of action. 1912C-345. 3. Change of Venue. Bias or prejudice of judge, application for change as ousting judge of juris- diction. 1916D-1281. existence of bias of judge prior to trial as ground for reversal in absence of showing of prejudice at trial. 1917E- 954. right ,to change of venue in absence of express statutory provision. 10-265. VENUE Continued. County to which venue may be changed in absence of statute requiring change, to be to nearest or adjoining county. 9-177. Criminal prosecutions, change on applica- tion of state or court's own motion, constitutionality of laws providing. 3-197. Divorce actions, change of venue. 1917* 940. Ejectment, right to change place of trial in action of ejectment. 1912B-534. Expense of trial, county chargeable with expense in case of change of venue. 1913B-187. Failure of accused to appear in court to which change of venue is taken, lia- bility on recognizance. 1912B-1188. Garnishee's right to change of venue. 5- 777. Habeas corpus as remedy to review re- fusal of change of venue through er- ror. 11-1055. Newspaper articles, weight as evidence of prejudice against accused entitling him to change of venue. 18-789. Number of times party is entitled to change of venue. 7-304. Postponing hearing and ruling on motion for change until determination of other matters, right of court. 1912C- 1291. Power of court to order change in ab- sence of statute. 21-106"8. Prohibition as remedy to review deter- mination of motion for change of venue. 1913D-596. Right to change of venue as against mu- nicipality. 1914C-107; 1918E-565. State's application, change as matter of right or discretion. 21-1203. Timeliness of motion for change made after trial of cause. 8-758. VERBAL CONTRACTS. See Frauds, Statute of. VERBAL WILES. See Nuncupative Wills. YERDICT. 899 VERDICT. 1. In General. 2. Form and Validity. A. GENERALLY. B. FORMAL REQUISITES. C. INADEQUATE OK EXCESSIVE VEBDICTS. 3. Construction and Effect. 4. Amendment and Setting Aside. 5. Direction of Verdict. 6. Impeachment or Support of Verdict. See Jury. 1. In General. Coercion of jury by court into agreement on verdict, what constitutes. 11- 1133; 1912D-446; 1915D-668. Concurring verdicts, force and effect given by court. 1912B-139. Coroner's verdict, admissibility as evi- dence in subsequent proceedings. 1917B-892. Creditor's bill to reach verdict for tort. 1914B-958. Polling jury, right of defendant in crim- inal case. 1912B-236. Questioning jury on return of verdict, power of courts. 15-470. Reception in absence of judge, right of clerk or attorney to receive. 16-90. Special verdict, common-law power and duty of court to submit proper special interrogatories to jury. 15^169. submission of questions of assumption of risk and contributory negligence to jury for special verdict. 18-968. Sundays, validity of reception or rendi- tion of verdict on Sunday. 1916B-11, 30, 33. Waiver of accused of right to be present at rendition. 13-1213; 1915B-447. 2. Form and Validity. A. GENERALLY. "About," meaning in verdict with refer- ence to quantity. 1918D-706. Chance or quotient verdict, validity. 16- 910; 1917C-1224. VERDICT Continued, Information as to facts given to jury by one of their number, effect on ver- dict. 4-24; 1912B-155. Joint tort-feasors, validity and effect of several verdict. 12-534. Less than twelve jurors, state jurisdiction of actions under federal Employers' Liability Act as affected by provision for majority verdict. 1916B-156. validity and construction of constitu- tional or statutory provision for ver- dict by less than whole . number of jurors. 1916E-500, 508; 1918D-690. Polling jury, dissent of some jurors, va- lidity of verdict rendered after fur- ther deliberation. 6-457. Verdict influenced by punishment ex- pected to be imposed, validity. 1- 270. B. FORMAL REQUISITES. Dollar-mark or other designation indicat- ing money, effect of omission. 1915O- 336. "Et al." substituted for names of par- ties, effect. 14-572. Larceny, necessity that verdict of con- viction should state value of prop- erty. 19-687. Omission of words from verdict as affect- ing validity thereof. 16-475. Replevin, effect of failure to find unlaw- ful taking or detention. 20-430. several articles involved, necessity that verdict in replevin give separate val- uations. 1912D-849. Signing, necessity that verdict be signed. 1913D-182. Written verdict in criminal case, validity. 12-79. C. INADEQUATE OR EXCESSIVE VERDICTS. Breach of promise of marriage, what is excessive verdict. 16-981. Death by wrongful act, excessiveness of verdict. 18-1209; 1915C-449. ^-inadequate verdict in action for death by wrongful act, what is. 1916B-460. False imprisonment, excessive or inade- quate verdict, what is. 1916C-505, 519, 521. 900 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VERDICT Continued. Libel or slander, excessiveness of verdict. 1913B-700; 1916D-1175. Malicious prosecution, what is excessive or inadequate verdict. 1916C-250. Malpractice, excessiveness or inadequacy of verdict in action against physician. 1916C-1078, 1081; 1918A-389. Personal injuries not resulting in death, excessive verdict, what is. 16-8; 1913A-1361. inadequate verdict, what is. 1916B- 384, 450, 451, 454, 455, 457. Rape, inadequacy or excessiveness in civil action. 1917E-135. Remittitur when excessive verdict is granted through passion or prejudice. 3-939; 1912C-509. Telegraph case, excessiveness of verdict for mental anguish. 1913B-246; 1916C-524. 3. Construction and Effect. Effect of verdict, finding that amount awarded is not yet due. 18-779. Negative pregnant in verdict. 1917A- 676. Recommendation to mercy accompanying verdict of guilty, effect. 21-244. Verdict "for plaintiff" in action against more than one defendant, effect. 1916B-1037. "We don't know," finding or answer by jury, sufficiency and construction of such expression or similar phrase. 1916B-283. 4. Amendment and Setting Aside. Duty of trial court to set aside verdict as contrary to evidence. 2762; 1912D-1226. Federal court, power to enter judgment non obstante veredicto. 1914D-1053. Inadequacy of verdict for punitive dam- ages only as ground for setting aside. 20-879. Interest, power of court to add interest to verdict. 10-753. VERDICT Continued. Joint tort-feasors, setting aside verdict as to part, power of court. 19-797. Sealed verdict, amendment by jury. 5- 394. 6. Direction of Verdict. Codef end ants, right of court at close of plaintiff's case to direct verdict in favor of one. 1912D-1061. Criminal case, right of court to direct verdict of guilty where plea of not guilty has been entered. 8-808; 1916A-1241. what constitutes direction of verdict of guilty in criminal case. 1916A-1252. Exceptions, necessity of exception to di- rection of verdict. 1917A-849. Judgment entered on directed verdict as res judicata. 21-1262. Libel or slander action, power of court to direct verdict where jury vested with power to determine law and facts. 1915D-1270. Opening statement of plaintiff's counsel, power of trial court to direct verdict for defendant at close. 14-69&. Penal action, right of court to direct ver- dict. 16-964. Request by both parties for direction of verdict, effect. 6-545; 13-372; 1913C- 1342. Waiver of exception to denial of appli- cation to take case from jury by sub- sequent introduction of evidence. 14- 222; 1914A-146. 6. Impeachment or Support of Verdict. Affidavits of jurors as evidence that ver- dict returned or entered differed from verdict actually found. 3-401; 1912A- 1205; 1918E-2S7. Quotient verdict, admissibility of affidavit of juror showing quotient process. 1915C-1147. Statement by juror subsequent to trial, admissibility of evidence thereof to impeach verdict. 1913D-1194. Support of verdict, admissibility of affi- davits of jurors. 1913B-761. VERIFICATION VIDELICET. 901 VERIFICATION. See Affidavits; Indictment and Informa- tion; Pleading. Information and belief as sufficient basis for verification. 1-653. VESSELS. See Ships and Shipping. VESTED REMAINDERS. See Remainders and Reversions. VESTED RIGHTS. See Constitutional Law. Access by abutting owner to public grounds as vested right. 1915C-177. Beneficial associations, amendment of by- laws as affecting vested interest of existing members. 1-717; 10-625; 1913C-675; 1914D-63. Life insurance, vested right of benefi- ciary in ordinary life insurance pol- icy. 1-684; 11-49; 1912B-1144. Pensions, vested right of pensioner. 1915C-751. Physicians and surgeons, statute requiring physicians and dentists to take out licenses as impairing vested rights of previous practitioners, 5-1005; 19- 833; 1914B-399. Workmen's compensation, right to compen- sation under act as vesting in benefi- ciary. 1917D-1169. VESTIBULES. Validity of statute or ordinance requiring street railway to provide vestibule or other protection for motorman. 1914D-616. VETERANS. Breach of contract of employment of laborer as actionable under veterans' preference law. 7-737. Confederate veterans, validity of statute providing pensions. 1915C-282. Constitutionality and intent of veterans' preference law|. 1-291, 295; 9-1049; 1914D-725. VETERANS Continued. ' Discretion of appointing power with re- spect to appointments under veterans' preference law. 1918B-999. License taxes, validity of statutes ex- empting veterans. 9-1005; 1915C- 705. Soldiers' home, effect with respect to pen- sion of pensioner becoming inmate thereof. 1916C-S54. State pension, bounty or aid by state, va- lidity of statute granting to war vet- eran. 1913B-951. VETERINARY SURGEONS. Lien for veterinary services to horse as assignable. 1916A-619. Negligence in treating animal, liability. 1912A-481. VETO. Bills passed over veto, necessity of pre- siding officer's signature. 4-906. Evidence of executive veto. 19-837. Mayor, extent of power of veto. 15- ' 1066. Partial exercise of veto as to bill, power of executive. 20-162. VIBRATION. Injury to property by vibration resulting from blasting. 2-201; 19-787; 1916C- 1176. VICE-PRINCIPALS. See Master and Servant. VICINITY. Meaning of term. 18-736. VICIOUS ANIMALS. See Animals. VIDELICET. Office of videlicet. 1913A-493. 902 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. VIEW. Arbitrators, refusal to view premises in dispute as ground for setting aside award. 8-511. Attachment of personal property, neces- sity of view. 1916B-988, 1000. Court trying case without jury, right to view premises. 19-578; 1916A-258. Criminal ease, view in absence of accused as prejudicial error. 11-1159; 1915B- 568. Discretion of trial court, view by jury as resting in. 18-730. Eminent domain, view of property appro- priated in condemnation proceedings as supplementary, not exclusive, of testi- mony. 3-302. Experiment by jurors on view to make evidence, right of jury. 18-571. Impressions made on minds of jurors as evidence in case. 10-663. Presence of judge during view by jury, necessity. 16-628. VIRTUAL REPRESENTA- TION. Equitable doctrine of virtual representa- tion. 19150-654; 191SB-432; 1918C- 345. VISIBLE INJURY. Accident insurance contract, construction of provision respecting. 1915A-537. VISIBILITY. State of weather as affecting. 16-357; 1915B-413. VISITING. Carrier's duty and liability to person visiting passenger. 10-161; 1914D- 134. Employee stopping work for purpose as suspending relation of master and servant. 1913C-949. VILLAGES. "City" as including town or village. 1914B-215. Extent of street or highway in village which municipality is under duty to keep in repair. 13-283. Meaning of term "village." 1918D-258. VIOLATION OF LAW. Injunction, right of municipality to enjoin violation of ordinance. 1916C-963. Life insurance, death while engaged in violating law within exception in pol- icy. 3-873; 12-310; 1917C-592. Negligence, violation of statute or ordi- nance not intended for plaintiff's ben- efit as actionable negligence. 9-427; 1912D-1106; 1916B-301. Nuisance arising from storage of explo- sives in violation of law. 1916C- 820. "Workmen's compensation, employment in violation of law as affecting right to compensation. 1918B-679. VISITORIAL POWERS. Inspection of books of bank. 1-130. VITAL STATISTICS. Births and deaths, validity and construc- tion of statute requiring registration. 1912C-686. VOICE. Identification of accused person by voice. 14-82; 20-403. VOID IF DETACHED. Meaning as applied to railroad ticket. 19-457. VOIR DIRE. See Jury. VOLUNTARY EXPOSURE TO DANGER. Meaning of phrase "voluntary exposure to unnecessary danger" in accident pol- icy. 10-451; 18-1125; 1916B-273. VOLUNTEERS WAGES. 903 VOLUNTEERS. Assignment of mortgage, right of volun- teer on paying indebtedness. 1914B- 572. Liability of master to person volunteering to assist servant. 1913C-796. Injury while engaged in volunteer work as accident arising out of, and in course of, employment within Work- men's Compensation Act. 1918B-808. Taxes paid by volunteer, right of subro- gation to tax lien. 17-1136; 1912B- 753. VOTERS. See Elections. VOTES. Unanimous requirement as satisfied by unanimous vote of those present con- stituting quorum. 1913E-1295. VOTING-MACHINES. See Elections. VOUCHERS. Attorney's lien on voucher in his posses- sion in connection with litigation. 1917D-150. Duty of bank depositor to examine pass- book and vouchers. 17-122; 1914D- 465. VOYAGE. End of voyage, what constitutes. 9-505; 20-851. Frustration of voyage because of exist- ence of war as constructive total loss within marine insurance policy. 1916D-884. Perils incident to voyage as raising pre- sumption of death from absence of less than seven years. 1916B-70. .VOTING CONTEST. Voting contest as lottery. 1915B-172. fraud in voting contest. 1918C-750. VULGARITY. Language constituting breach of peace ot disorderly conduct. 1917C-889. w WAGE-EARNER. Who is wage-earner within meaning of Bankruptcy Act. 20-979. WAGES. Assignment of future earnings as af- fected by discharge in bankruptcy. 13-366. statute making assignment invalid ex- cept under prescribed conditions, va- lidity. 1913B-531; 1915C-691; 1917A- 760. unearned wages, validity of assign- ment. 5-64; 6-765. "Average weekly earnings," meaning of phrase in workmen's compensation or similar act. 1913D-1024; 1914C- 186; 1916B-529. WAGES Continued. Bankruptcy, wages as preferred claim. 1916B-343. Breach of contract to pay wages as authorizing successive actions. 6-64. Child's right to payment of wages to himself as implied by silence of par- ent. 9-512. Defense or setoff to action for wages, what may be shown. 1918D-79. Employer going out of business, liabilit for wages of employee for unexpire contract period. 6-236. Forfeiture of wages grounded on breach of rules by servant. 1-939; 1914A-46. Garnishment, duty of employer to set up exemption of employee. 5-170. 904 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WAGES Continued. Illness of servant, as affecting right to . recover wages for time lost. 1912A- 1181. Lien, priority of employee's statutory lien for wages. 10-344. validity of statute giving employee lien superior to prior mortgage. 4- 1027. Minimum wage rate, private employ- ment, validity of statute fixing. 1918D-465. public work, validity of statute or ordinance fixing. 1913E-990; 1915D- 241. women and minors, validity of statute regulating. 1916A-225. Profits as distinguished from wages and earnings. 20-691. Receivers, equitable preference of claims against assets in hands of receiver of corporation. 3-707. Salary and wages distinguished. 1917C- 321. Seamen, exemption of wages from at- tachment or arrestment, construction of statute. 15-130. subrogation of person advancing money to pay wages to seaman's lien. 10- 212. what constitutes "loss" terminating wages upon loss of vessel. 6-68 ; 1916D-688. Setoff or counterclaim, right to set up against demand for wages which are exempt from execution. 1914A-1183. Statutes referring to wages, effect of partial invalidity. 1916D-68. Store orders, constitutionality of stat- utes prohibiting payment of wages in "store orders." 1-417; 14-620. Subrogation to laborer's lien, payment of wages by third person as entitling to subrogation. 10-211. Termination of contract of employment, rate of compensation of one continu- ing in service. 1918B-1176. Time of payment of wages, validity of statutes regulating. 1-939; 9-238; 13-482; 1916B-135. Tips as part of earnings or wages. 14 336; 1918B-1122. WAGES Continued. validity and construction of Anti-tip- ping Act. 1918D-238. Wrongful dismissal of servant, right to recover subsequent accruing wages. 13-112; 1912B-365; 1916A-472. WAGONS. Lien for repair of wagon as assignable. 1916A-619. Name on wagon as evidence of owner- ship. 1915D-353. Wagon-maker as engaged in "trade." 1916A-1201. WAITERS. Tips as part of "average weekly earnings." 191SB-1122. WAITING-ROOMS. Exposure due to failure to provide suit- able waiting-room, liability of rail- road for injuries from. 6-571; 1912C- 1214. Junction of two railroads, duty to pro- vide and keep open waiting-room. 18- 211. WAIVER. 1. In General. 2. Contractual Matters. 3. Liens. 4. Practice. 5. Privilege. 6. Rignts of Accused. 1. In General. Arrest, waiver of illegal arrest. 16-461. Bankruptcy, waiver of right to claim preference for wages. 1916B-352. Claim against municipality for personal injury, waiver of defective statutory notice of time of accident. 1918E- 1033. Extradition, waiver of right to custody of prisoner as against extradition claim of other state. 1917B-339. Frauds, statute of, waiver of protection of statute. 19-316; 19140-1243. WAIVER. 905 WAIVER Continued. Judges, disqualification of judge, waiver. 6-408; 10-969; 1912A-1072. special or substitute judge, waiver of objection to jurisdiction. 19-94. Judicial or sheriff's sales en masse, waiver of objections. 8-744; 1913B- 623. Military service, waiver of exemption. 1917C-820. Parent's claim for personal injuries of minor, waiver as investing child with right of action for loss of earn- ings. 8-1108. Eeceivers, waiver of notice of appoint- ment of receiver. 19150-903. Statutes, objection to constitutionality of statute as waivable. 19-181; 1915C- 61. Streets and highways, change of grade, of street, joinder in petition as waiv- ing claim to compensation for result- ing damage. 20-876. Subscriptions, waiver of conditions. 1913B-434. Taxation, waiver of verification of as- sessment-roll. 11-1120. Trustee's right to compensation, waiver of. 1914B-493. Workmen's compensation, waiver of want of notice of injury required under act. 1917D-876, 886. 2. Contractual Matters. Alteration of instrument, waiver of. 1917D-335, 349. Ante-nuptial contract, waiver of provision therein as showable by parol evi- dence. 1912B-279. Beneficial associations, forfeiture of beneficial certificate for violation of contract of insurance other than fail- ure to pay assessments or dues as subject to waiver. 12-639; 1918D- 305. waiver of forfeiture of beneficiary cer- tificate for nonpayment of assess- ment or dues by acceptance of arrear- ages or similar act. 11-539; 1914C- 437; 1916D-591. Bills and notea, increased rate of interest after maturity, waiver of stipulation in note. 1913C-1269. WAIVER Continued. notice of dishonor of note by renewal or promise to renew. 1912A-442. protest, right to waive by parol. 16- 152. support of waiver of protest of bill or note, necessity of new consideration. 5-478. Building and loan association, by-law specifying person to whom and time and place at which dues are to be paid, waiver by association. 3-731. fraud in building and loan contract, waiver of right to rescind on ground of fraud. 1917A-892. Carrier of goods, waiver of contract stipulation limiting time to present claim against carrier of goods or live- stock. 9-17; 14-418; 1914A-231. Carrier of passengers, waiver of time limit on passenger tickets. 6-122. Contracts, assignment of contracts, waiver of prohibition against assignment. 1-854. limitation statute, validity of provision in written contract waiving benefit. 1916A-686. nonperformance of working contract, waiver by use of structure or work by owner. 15-972. terms of working contract requiring extras to be ordered in express man- ner as subject to waiver. 7-213; 17-81. Corporations, alteration in charter or change in corporate design as waiv- able by subscriber to stock. 1918A- 100. avoidance of stock subscription, waiver of right to avoid. 1915B-790. creditor's knowledge that stock is un- paid, as waiver of stockholder's lia- bility thereon. 10-90. failure to secure amount of stock neces- sary to be subscribed, waiver as af- fecting liability on stock subscrip- tion. 16-1258; 1918B-1137. notice of stockholders' meeting, waiver of right to notice. 1916E-1038. preferential right of stockholder to sub- scribe for new stock issue, waiver of. 9-746; 1918B-132. Escrows, waiver of unauthorized delivery of escrow. 1917E-444. 906 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WAIVER Continued. Innkeepers, waiver of delivery or deposit of goods with innkeeper within stat- ute limiting liability. 12-100. Insurance, acceptance of note for life insurance premium as waiver of requirement for cash payment. 1- 967. agent's authority to waive conditions in insurance policy, limitations on. 2-112; 9-380; 1914A-590. arbitration as condition precedent to suit on insurance contract, waiver of stipulation therefor. 8-174; 1915D- 332. cancellation or reduction of policy as directed, waiver as defense to liability of insurance agent for failure. 1918C-1043. conditions of fire insurance policy as waived by failure to issue policy after oral contract therefor. 1914D-654. denial of liability on insurance policy on one ground as waiver of other grounds of defense. 20-438. employers' liability insurance, waiver of notice of accident as required under policy. 11-260. failure by insurer to inquire into ex- isting facts as waiver of policy con- ditions. 2-285; 9-994; 1917B-500. forfeiture for breach of condition in insurance policy as waived by silence or failure to act by insurer having notice. 8-500. knowledge by insurer of existing facts as waiver of condition in policy. 18^- 686. limitation clause in life and accident insurance policies as to time of bring- ing suit, waiver of. 8-1066; 1916C- 449. notice of cancellation of fire insurance policy, waiver by insured. 17-802; 1915D-1236. notice of injury or death to be given within certain time, waiver of pro- vision in accident insurance policy. 21-919; 1917A-114. parol evidence as admissible to show waiver of condition in fire insurance contract. 1914C-61. payment of premiums, waiver of pro- vision in policy for time of payment by acceptance of premium after ap- pointed time, or similar act. 7-385. WAIVER Continued. proofs of loss required by fire insur- ance policy, waiver as effected by negotiation for or offer of settlement. 1916A-594. provision postponing time to bring suit as waived by insurer's denial of lia- bility. 1914C-373. sole and unconditional ownership clause in fire insurance policy, waiver of existence of title in spouse. 1912B- 271. suspension of policy for nonpayment of instalment premium, waiver of right. 12-628. Interest, implied interest, right to recover after payment of principal. 1913E- 582. payment and acceptance of principal sum as constituting waiver of in- terest due by contract. 1912B-1333. Landlord and tenant, agreement of lessee to insure premises, acceptance of renr as waiver of breach. 1918E-305. covenant against assignment or sub- letting, acceptance of rent as waiver of breach. 1913A-1202; 1916E-844. destruction of premises, waiver by ten- ant of provision for termination of lease. 1913A-1099. forfeiture of lease for breach of con- dition as waived by receipt of rent accruing thereafter. 11-62; 1915/ 1250. penalty for tenant's holding over afte? termination of tenancy, waiver o landlord's right. 1912A-283. rent paid in advance, waiver of rigli' to recover on destruction of leased premises. 1912B-1120. tenant's payment of rent after partial eviction as waiver of his right to set up eviction as defense in actions for rent or to dispossess. 1914A-1234. Master and servant, discharge of servant, waiver of master's right. 19-877. rules and regulations, assent or in- consistent orders as constituting. 8- 14. waiver of master's regulations as af- fecting right of servant to recover for injury. 1912A-89. Mining lease, waiver of performance. 20-1171; 1917E-1148. Mortgages, waiver by mortgagee of rights acquired by foreclosure. 1913A-858. .WAIVER. 907 WAIVER Continued. Sales, damages caused by delay in de- livery as waived by acceptance after agreed time of delivery. 11-508. implied warranty of correspondence of goods to sample, waiver. 1917C-319. performance of executory contract for sale of personalty after discovery of fraud as waiver of right of action for damages. 7-280; 20-172. reclamation of goods for failure to pay cash on delivery, waiver of right to reclaim by seller. 11-547. rejection of goods on one ground by purchaser as waiver of other objec- tions. 17-63. Suretyship, discharge of surety, affir- mative act of surety as waiver of previous cause for discharge. 1915C- 681. waiver of written notice by surety to creditor to sue principal. 21-1367. Tenants in common, waiver of cotenant's right to partition by express or im- plied agreement. 1913E-402. Vendor and purchaser, personal deed of vendor, waiver of right of pur- chaser under realty contract to de- mand. 1913B-963. restrictive agreements as waived by acquiescence of vendor in violation. 1-603; 14-760; 1915B-147. stipulation against assignment of con- tract for sale of realty, waiver. 1913A-231. 3. Liens. Carrier's lien, waiver by delivery to con- signor's agent on promise to retain goods until payment of freight charges. 7-961. Chattel mortgages, placing horses or cattle in charge of livery-stable keeper as waiver of lien. 11-1045. waiver of lien by attachment. 4-487; 17-957; 1916C-408. Mechanic's lien, contract inconsistent with lien as waiver thereof. 1-954. extension of credit as waiver of lien. 20-522. mortgage security taken by lienor as waiver of lien. 1916D-179. stipulation against filing lien as waived by conveyance of property during progress of building thereon. 1916B- 621. WAIVER Continued. unsecured note of owner or contractor, taking note as waiver of lien. 1915A-961. Vendor's lien, pursuit of remedy at law as waiver. 13-92. security taken from third person as waiver of vendor's implied lien. 13- 869; 1914D-1225. 4. Practice. Action based on illegal contract, waiver of objection to trial. 1912A-1035. Appeal, notice of judgment, etc., required to set statute of limitations running against appeal, waiver of right. 1913B-439. payment of fine in criminal case aa waiver of right to appeal. 1913E- 300; 1916C-619. validity of stipulation waiving right to appeal. 19-1056. Appearance, special appearance as waived by pleading to merits. 4-290; 1916E- 1270. want of jurisdiction as waived by general appearance after judgment. 1914C-694. Attachment, motion to quash as waived by giving statutory bond for dissolu- tion. 12-171. waiver as against third persons by enlarging original claim. 18-1022. Counterclaim, waiver of failure to reply to counterclaim. 1917D-619. Eminent domain, acceptance of award as waiver of right to appeal in con- demnation proceedings. 1915D-821; 1917D-159. interest as part of compensation in eminent domain proceedings, waiver. 15-113. waiver of land owner's right to com- pensation for appropriation of prop- erty. 8-855. Findings of fact made by court, waive* of right to have. 1914D-797. Garnishee's general appearance as waiv- ing defects in process or service. 21-1131. Grand jury, waiver of irregularity in formation. 4-226. 908 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WAIVER Continued. Indictments, objections to sufficiency, waivability. 1-480. service of copy of indictment or in- formation, waiver by defendant. 1913D-1099. Jury, criminal cases, waiver of jury trial. 1-597; 9-1183. - eminent domain proceedings, waiver of jury trial. 18-685. expression of opinion or prejudice during trial, waiver of misconduct. 16-177. failure of defendant to demand jury trial in criminal case as waiver thereof. 9-263. intoxicating liquors used by jury during trial, waiver of misconduct. 10-891; 1912A-1323; 1916A-939. juror as resident taxpayer of munici- pality interested in suit, waiver of incompetency. 6-961; 1913A-120. partition, waiver of right of trial by jury. 21-1300. peremptory challenge, right as waived by acceptance of juror. 19-768. polling jury, right of defendant in criminal case to poll jury. 1912B- 1237. prejudice of juror against capital punishment, waiver of disqualifica- tion. 1912A-793. quieting title, waiver of right to trial by jury. 3-251; 18-246. request by both parties for directed verdict as waiver of right to trial by jury. 6-545; 13-372; 1913C-1342. separate trial by joint defendants in criminal case as affecting rights of peremptory challenge. 1914A-862. waiver of jury as affecting right to jury on second trial or at subsequent term. 4-1004. Justice of peace, notice of appeal from justice court, waiver. 21-1313. statutory requirement for time of ren- dition of judgment by justice as waivable. 12-1030. Limitation of actions, waiver of statute by personal representative. 1912A-6. Misconduct of counsel in getting inad- missible evidence before jury, waiver. 6-230; 19-299. Misjoinder of causes of action, waiver. 3-287. WAIVER Continued. New trial, misconduct of juror, waiver of right to new trial where objection is not made until after verdict, though fact is known to moving party before that time. 1912A-223. pursuit of inconsistent proceedings as waiver of right to new trial. 1914B- 612. statutory right to new trial in eject- ment as waivable. 1914C-741. ^-venire de novo motion as waiver of motion for new trial. 1914B-615. Pleading, filing amended pleading as waiver of objection to sustaining demurrer. 19-306. inconsistent defenses as constituting waiver. 1917C-740. other pleading filed as waiver of ob- jection to overruling demurrer. 1913B-388. verification of pleading, waiver of. Process, judgment by confession on warrant of attorney, validity with- out antecedent process. 1914A-645. waiver of insufficiency of description of documents in subpoena duces tecum. 15-645. Reference, error on hearing before referee, waiver by failing to object. 20-194. failure of referee to file report within time required by statute or order of reference, as waivable. 1913D-605. Removal of cause from state to federal court, waiver. 1913A-1337. want of jurisdiction of particular federal court to which case is re- moved, waiver. 14-1172. Replevin, waiver of right to separate valuation of several articles in ic- plevin verdict. 1912D-850. Tender, waiver of objection to amount of tender. 1912B-903. Tort, waiving tort and suing in assump- sit. 1913D-228. Trial, waiver of exception to denial of application to take case from jury by subsequent introduction of evi- dence. 14-222; 1914A-146. Witnesses, cross-examination as waiver of right to exclude testimony re- lating to transaction with decedent. 1918D-202. WALKING BAILWAY LINE WALLS. 909 WAIVER Continued. incompetency. to testify to transactions with decedent, waiver by personal representative. 1913A-682; 1918 A- 471. swearing witness, waiver of failure to swear. 4-1023; 6-57; 1912D-572. 5. Privilege. Witnesses, bringing action or introducing evidence concerning disease or injury as waiver of privilege of communi- cations to physician. 13-945; 1915A- 438. death certificate attached by physician to proofs of death of insured as waiver of privilege against testify- ing. 1918C-764. insurance contract expressly stipulating for waiver of privileged communica- tions to physician. 10-57. introduction of testimony by client as waiver of privileged communication between attorney and client. 20- 1285; 1913A-31; 1916D-1087. personal representative, heir or next of kin of party as entitled to waive privileged communication. 10-1118; 1913A-100. refusal or failure to waive privileged communication as presumption against party. 8-792. statutory prohibition against physician testifying as to mental condition of testator whom he attended before death as waivable. 1918A-1051. testimony of physician who attended testator before death, waiver of right to exclude. 1912B-1040. waiver of privileged communication at one trial as affecting right to claim privilege at subsequent trial. 8-660; 15-935; 1916C-1012. 6. Eights of Accused. Arraignment in criminal case, waiver of. 1917D-829. Constitutional privilege of accused as to testifying in his own behalf, waiver of. 2-247; 11-822. Jeopardy, failure to interpose objection on second trial as waiver of plea of former jeopardy. 6-134; 1917C-765. WAIVER Continued. objection to second jeopardy as waived by procuring quashal of first indict- ment. 14-428. Preliminary examination, right to hold accused for another charge after waiver of examination on original charge. 18-524. waiver of preliminary examination by accused person. 1917E-179. Preparation for trial, waiver by accused of time to prepare. 17-522. Presence of accused at trial, waiver of right. 1913C-1146; 1918E-375. sentence, waiver of right to be present. 6-451; 11-813. verdict, waiver of right to be present at rendition. 13-1213; 1915B-447. Production of incriminating evidence, waiver of constitutional privilege of accused. 1912D-263. WALKING RAILWAY LINE. Injury resulting as accident arising out of, and in course of, employment within Workmen's Compensation Act. 1913C-11, 20. WALLS. Advertising purposes, right of tenant to use front wall of building. 1912C- 1127; 1916C-482. Building restrictions affecting location of walls. 1914A-15. Fall of wall on to adjoining property, liability of land owner for injury caused. 1914B-1176. Injury to person in highway by fall of wall, application of doctrine of res ipsa loquitur. 1916E-1073. Nuisance, liability of municipality to abate wall constituting nuisance. 1- 964. Party-walla. See Adjoining Land Owners. Workmen's compensation, injury by wall falling on workman at dinner as accident arising out of, and in course of, employment. 1913C-9. wall on adjoining premises, fall as acci- dent in course of employment. 1917D-1S9. 910 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WAR. "Adherence to enemies," what constitutes within law of treason. 1917D-479. Aliens, declaration of alienage, right as affected by existence of war. 1917E 484. expatriated person as alien enemy. 1916D-306. rights and liabilities of alien enemies. 1917C-189, 227, 232; 1918C-709, 741; 1918D-583, 601; 1918E-337. Civil War, validity and construction of statute limiting amount of attorney's fee for collection of Civil War dam- age claim against federal govern- ment. 1918C-869, 872. Contraband of war as including persons. 15-241. Contracts, war as excuse for breach. 1918A-14; 1918C-398. Enemy goods shipped before commence- ment of hostilities as subject of maritime prize. 1916B-736. Espionage law as valid exercise of war power. 1918B-1011. Existence of war as affecting civil or criminal liability of soldier or militia- man for injury to person or property. 1917C-15. Government contracts as affected by 'out- break, of war. 1918E-12, 36. Internment of person of hostile origin or association. 1917D-409. status of interned alien enemy. 1917C 193. Marine insurance, frustration of voyage because of existence as constructive total loss within policy. 1916D-884; 1918C-373. Martial law. 1914C-22. Neutral goods, right of belligerent power to requisition. 1916E-245. Prize, right to bring into neutral port. 1917D-448. Seaman's right, under contract of service for ordinary voyage, to refuse to pro- ceed to belligerent port without losing right to wages. 7-347. War power, nature and scope as applied to citizens. 1918B-1009; 1918D- 1105. WAR Continued. Workmen's Compensation Act as ap- plicable to injury arising from. 1917C-760. WAREHOUSES. Burglary of warehouse, sufficiency of de- scription of building in indictment. 1913D-872. Carrier of goods as distinguished from warehouseman, when person or corpo- ration is. 1914B-778. holding goods at destination at con- signee's request as rendering carrier liable as warehouseman. 10-442. wrongful delivery of goods held as warehouseman, liability of carrier. 6-102. Cold storage of food. 1916A-534; 191 6B- 703; 1918C-895. Delivery of goods to original bailor, liability of warehouseman without notice of transfer of warehouse re- ceipt. 1914D-1305. Deposit of grain in warehouse as bail ment or sale. 10-1074. Independent contractor, person employed in connection with warehousing. 1918C-659. Insurance of goods by warehouseman. 1913A-143. Lien for private storage of goods, right in absence of agreement for lien or of statute authorizing it. 1913D- 1300. Loss of goods by fire, liability of ware- houseman. 19-243; 1914A-1123. Eailroad company's power to conduct business of public warehouseman. 4- 911. Eeceipts, delivery as passing title to goods sold from mass without neces- sity of separation. 9-31. negotiability of warehouse receipts. 17-670. transfer of warehouse receipt as divest- ing vendor's lien. 1917D-112. Uniform Warehouse Eeceipts Act, con- struction. 1917E-29.. Eemoval of goods in storage to another place of storage as in nature of con- version. 3-470. WARNING WARRANTY. WAREHOUSES Continued. WARRANTS Continued. 911 Storage charges, constitutionality of stat- utes regulating. 1-433. Workmen's Compensation Act as ap- plicable to employment in ware- house. 1917D-20, 30. Limitation of actions, running of statute against warrants of municipal or quasi-municipal corporations. 2-394. State, liability for interest on warrants. 1914A-364. WARNING. Dangerous employment, duty of master to warn as discharged by delegation to another. 11-105. Explosives, duty of master to warn servant of discharge of explosives used in prosecution of work for which he is employed. 12-248. failure to instruct servant as to ex- plosives as imposing liability on mine owner for injuries caused by pre- mature explosion. 1913C-959. Flagman's failure to give warning as affecting duty to stop, look and listen at railroad crossing. 10-418. railroad's duty to warn flagman at crossing of approach of train. 11-51. Jurors, warning against obstinacy as coercion of verdict. 1912D-442. Eailroads, duty to warn trackmen with respect to passing trains. 1913A- 442. Sliding rock or earth in excavations, duty of master to warn servant of danger. 21-710. Trespasser, necessity of warning prior to assault in defense of property or of ejection. 1917D-301, 313. Young and inexperienced servants, duty of master to warn. 3-368; 17-487; 1914A-609. WARRANTS. See Arrest; Searches and Seizures. Action to determine validity of state, county or municipal warrants, neces- sary parties. 5-858. Attorney's lien on warrant or town order in his possession in connection with litigation. 1917D-150. City warrants, interest on. 10-209; 1916C-576. County wanants, interest on. 3-459. WARRANTY. 1. Express Warranty. 2. Implied Warranty. See Deeds; Insurance. 1. Express Warranty. Agency, authority of agent to warrant. 1913D-473. personal liability of agent for breach of warranty. 19-773. warranty to agent as inuring to benefit of undisclosed principal. 1918B-130. Animals, sale for breeding purposes, warranty. 1916A-573, 588. Auctioneer, power to warrant property sold by him. 1915C-581. Bills and notes, implied warranty of genuineness by indorsement of non- negotiable paper. 1912B-709. Conditional sales, right of vendee to re- cover damages for breach. 20-821; 1918B-914. Decisive test of warranty, circumstance that vendor assumes to assert fact of which buyer is ignorant as con- stituting. 1913C-711. Drafts and checks, unrestricted indorse- ment of draft or check as warranty that instrument is genuine. 7-746. Goods not in existence when contract of sale is made, application of warranty in contract. 6-115. Horses, construction of express warranty of "soundness," etc., on sale of horse. 21-1003. Limitation against action for breach of warranty as running from date of breach or from occurrence of actual damage. 13-700. Measure of damages for breach of title to goods sold. 7-937; 1912B-1340. Parol evidence, admissibility to show warranty in bill of sale where bill 912 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WARRANTY Continued. of sale contains no warranty. 19- 542. Personal injuries, recovery of damages therefor in action for breach of warranty. 5588. Privilege of returning goods purchased as bar to claim for breach of war- ranty. 1915D-1159. Eeplevin, right to show breach of war- ranty under general denial. 20-300. Samples, express or implied on sale by sample. 1917C-311, 338, 341, 343, 346. Reed, express or implied warranty on sale of seed. 1918B-72, 96; 1918E- 485. Uniform Sales Act, warranty of title or quality under act. 1918D-405. 2. Implied Warranty. Animals, implied warranty by seller that animal is fit for breeding purposes. 19-874; 1916A-579. Assignment of chose in action "without recourse," implied warranty arising out of. 1912A-923. Chattels, implied warranty of title on sale. 16-59. Corporate stock, implied warranty on sale. 10-168. Pood, implied warranty upon sale. 4 1124; 15-1083. recovery of consequential damages on breach of implied warranty on sale of food. 16-497; 1913B-1114; 1915C- 143. Nursery stock, implied warranty on sale. 1913E-93. Patents, implied warranty of validity of patent on assignment. 18-58. patented article, implied warranty on sale. 16-65. Sale of goods subject to test, implied warranty on. 1916A-956. WASHING CLOTHES. Injury incurred by employee while wash- ing clothes as accident in course of employment within Workmen's Com- pensation Act. 1913C-11. WASHING CLOTHES Continued. Relation of employee as affected by stop- ping work temporarily for purpose of washing clothes. 1913C-948. WASH-ROOMS. Validity of statute requiring master to furnish wash-rooms for employees. 1915D-991; 1918E-622, WASP STING. Accident arising out of, and in course of, employment within Workmen's Com- pensation Act. 1913C-12. WASTE. Alteration of building by tenant for years as waste. 1912C-392; 1915C- 1008. Assignability of right of action. 1914C- 262. Changing character of land as waste. 1918D-543. Decedent's estate, waste of assets, right of legatee or distributee to sue to prevent. 4-195. Defeasible fee, liability of owner for waste. 1915A-229. Dower land, cutting trees by widow for sale as waste. 20-972. Lienor or creditor, right to restrain waste by owner of realty. 13-89. Life -tenant or tenant for years, when has estate unimpeachable for waste. 1914D-669. Natural gas, petroleum, water and the like, constitutionality of legislation to prevent waste by private owner. 4-213, 357; 16-1001; 1912C-165. Remedy of contingent remainderman for waste. 1912A-543. Rule that equity assuming jurisdiction for one purpose will retain it for all purposes. 1912A-806. Tenant in common committing waste, right of cotenant to maintain action for. 15-271. Wife's right in action of divorce to re- cover for waste committed by hus- band. 21-1104. WATCHES WATERS AND WATERCOURSES. 913 WATCHES. Innkeeper's liability for loss of guest's watch. 2-491; 1912A-961. Trademark or trade name as infringed by similar name. 1915B-348. WATCHMEN. Fire insurance policy, construction of watchman clause. 21-845; 1917D- 821. Injury to watchman as accident arising out of, and in course of, employment within Workmen's Compensation Act. 1918B-774, 784, 80. Master's duty and liability to night watchman. 1912C-1036. WATER-CLOSETS. See Toilet-rooms. WATERCRAFT. See Ships and Shipping. WATERING HORSE. Act as within scope of employment under Workmen's Compensation Act. 1916B- 1309. WATERS AND WATER- COURSES. 1. In General. 2. Surface Waters. 3. Wells and Springs. 4. Navigable Waters. 5. Riparian Owners. 6. Land Under Water. 7. Diversion. 8. Obstruction. 9. Pollution. See Irrigation; Waterworks and Water Companies. 1. In General. Artificial stream, acquisition of character of natural watercourse. 14-909. Index to Notes 58 WATERS AND WATERCOURSES Con- tinued. Attractive nuisance doctrine as applicable to pond or pool on city property. 1915C-288. Bathing in ponds, streams or the like, validity of laws prohibiting. 1913B- 223. Boundary between states, concurrent jurisdiction of states over waters forming. 16-1115; 1914D-190; 1917B- 919. Covenant with reference to water-power as covenant running with land. 1915B-875. Damage by water as included in phrase "damage by elements." 1917B-297. Deeds, exception of water rights from conveyance as constituting exception or reservation. 18-802. Dripping water, liability of land owner for permitting water to drop on ad- joining property. 1914B-1172. Eminent domain, availability of waters on land as source of water supply as element of value in eminent domain proceedings. 1912C-1238. interest in land acquired by con- demnation for levee as easement or fee. 20-571. railroads, right to condemn water over which right of way is constructed. 1916E-1215. water apart from land, eminent domain power as applicable. 13-72; 1914C- 1037. United States, power of eminent do- main for navigation purposes. 1918E- 47. Flooding property, leased premises, liabil- ity of third person to landlord. 1912D-125. mines, liability for flooding mine. 1914C-458. Ice, cutting hole in ice, civil liability for personal injuries caused by. 14- 365. grant of right to take ice from an- other's premises, nature and effect of grant. 1917D-93. right to harvest ice as between person having right of flowage and riparian proprietor. 1917C-782. riparian owner's right to take ice from public waters. 8-30. 914 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WATERS AND WATERCOURSES Con- tinued. Judicial notice by courts of facts relating to waters aad watercourses. 12- 928. Larceny of water. 6-739. Legislative investigation of public waters, power of committee to make. 1916B- 1062. Eeservoirs, damages caused by percola- tion of water from artificial reser- voir, liability of owner. 5-681 ; 13- 219. Ship channel as public work. 11-596. Statutes relating to waters and water- courses, effect of partial invalidity. 191GD-93. Tides, high and low water mark, meaning of term "ordinary" as applied to. 17-149. loss resulting from rise or fall of tide as due to act of God. 1917A-450. Waste of water, constitutionality of legis- lation to prevent waste by private owner. 4-213; 16-1001; 1912C-1G5. right of owner of land to waste perco- lating waters. 4-357. Watercourse, necessity and sufficiency of source of supply to constitute. 10 1047. Water-power, construction of grant. 1916D-1002, 1022, 1026, 1030. public lands as subject to withdrawal from settlement for water-power pur- pose. 1918C-1008.. Workmen's compensation, river and harbor work as employment within purview of act. 1917D-27. well-digging as employment within pur- view of act. 1917D-30. 2. Surface Waters. Drainage of natural ponrls formed by surface water. 2-197; 11-1143; 1915C-971. Flood waters, right to appropriate as against riparian proprietor. 1914A- 82. Municipality's right to drain surface water from highways upon adjacent land. 6-990; 7-687; 8-1024; 1912B- 915. Overflow from watercourse as surface water. 3-208. WATERS AND WATERCOURSES Con- tinued. Prescriptive right of land owner to waste water coming from land of another. 1915C-1165. Eailroad company, liability for diversion of surface water on to land of another. 1914A-1292. 3. Wells and Springs. Contamination of well by gas escaping from pipes, liability of gas company. 1914C-363. Interception of subterranean water sup- plying neighbor's well or spring, right of land owner to sink well and intercept. 4-829; 10-846; 1917C-106; 1918E-274. Prescriptive rights, individual's right to take water from another's well or spring. 1917A-881. public's prescriptive right to use well or spring. 1914B-725. Water pumped from well and flowing on to adjoining land, liability of owner. 1914D-70. 4. Navigable Waters. Admiralty jurisdiction of torts committed on navigable waters. 13-1217. Artificial navigability, effect on rights of owner of non-navigable body of water of his making it navigable by arti- ficial means. 1914A-73. Canal as navigable water. 17-349. Declaration of navigability, power of legislature. 1912D-1091. Exclusive control over navigable stream, validity of legislative grant. 1915D- 69. Pishing, right of fishery in streams or ponds and in navigable waters. 3- 860; 21-777. Highways, right to locate over or into navigable waters. 14-288. Hunting, right to hunt on navigable waters. 15-708; 1915C-1152. Ordinance of 1787 respecting navigable waters as affected by admission of' states carved out of Northwest Terri- tory. 1915D-953. Test of navigability of stream or other body of water. 1914B-1067. WATERS AND WATERCOURSES. 915 WATERS AND WATERCOURSES Con- tinued. 5. Riparian Owners. Access, right of access of riparian pro- prietors. 1-184. Accretions, apportionment between ri- parian proprietors, rule for. 1914A- 481; 1918E-998. conveyance as including prior accretion. 1918E-244. Change in course of navigable stream, effect on title of riparian owner. 13-50. "Domestic purposes," meaning of phrase in relation to riparian rights. 1912B-621; 1914D-563. Electric power, right of riparian owner to use water to generate electric power. 17-1226; 1915C-1026. Embankment against overflow by riparian owner to injury of other proprietors. 4-718. Floating timber, liability for resulting injuries to riparian owner by use of stream to float timber. 10-235; 1918A-732. Flowage of lands by maintenance of dam, measure of prescriptive right. 18-217. Riparian rights, nature of, and lands to which they attach. 9-1235; 1913E- 709; 1915C-1026. "Wharf or pier, right of access of riparian owner as including right to construct. 11-11. .6. Land Under Water. Acquisition of title to land under water by possession adverse to state. 1912A-702. Dredging through land under water held by private owners, right of govern- ment. 19-697; 1915A-234. Islands* doctrine of riparian ownership of bed of river as extended to islands. 1913A-782. Lakes, title to bed of non-navigable lake. 1916D-299. Sand, gravel or the like, right to take from bed of navigable stream. 1916B-559; 1918B-588. WATERS AND WATERCOURSES Con- tinued. Title to land under navigable water, power of state to grant title. 1918B- 1107. 7. Diversion. Diversion of water into another state, right of resident of state. 10-126; 14-562. Equitable estoppel as defense to suits to restrain diversion and use of water. 2-786; 1914B-996. Injunction as remedy for wrongful diver- sion of watercourse. 1912D-13. Leased premises, liability of third person to landlord for diversion of water- course. 1912D-124. Limitation of action against nuisance created by diversion of watercourse, running of statute. 10-186. Riparian proprietors, necessity for show- ing of actual damage in action by lower against upper riparian proprie- tor for diversion of water. 1915A- 772. 8. Obstruction. Abatement of nuisance caused by obstruc- tion of navigable stream, right of private citizen to maintain action. 1913E-51. Criminal liability of corporation for ob- struction of public waterway. 1916C- 463. Dam across watercourse, liability of con- structor for injuries caused by break- ing. 1912A-110. Freshets and floods, duty of one obstruct- ing natural watercourse to anticipate extraordinary freshets and floods. 8-777; 1918A-1114. Joint or several liability of persons ob- structing stream unlawfully. 1914A- 1285. Limitation of action against action for damages for obstruction of water- course, running of statute. 10186. Municipal liability for injury resulting from obstruction in navigable water within its borders. 1915C-117. Railroad interference with watercourses and surface water by construction on 916 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WATERS AND WATERCOURSES Con- tinued. right of way, liability for damages. 19-336. 9. Pollution. Gas, contamination of well by gas escap- ing from pipes, liability of gas com- pany. 19140-363. pollution of water by gasworks as nui- sance. 21-1250. Independent acts of pollution by several persons, single suit by riparian owner to enjoin. 9-516. Joint liability in damages of persons pol- luting stream independently. 10-773. Measure of damages for pollution of watercourse. 9-534; 21-1054. Mining operations, liability for pollution of stream by. 10-587; 1913D-1082, Penalty for polluting stream, validity and construction of statute imposing. 1914A-1180. Prescriptive right to pollute watercourse. 3-24; 19120-182; 1915A-983. public nuisance in waters, prescriptive right to maintain. 17-791. Sewerage, municipal liability for dam- ages for use of stream for sewerage purposes. 6-177; 11-588; 1912B-450. Statutes relating to nuisances affecting watercourses, effect of partial in- validity. 191&D-77. Underground waters, liability for pollu- tion. 16-676. WATERWORKS AND WATER COMPANIES. 1. In General. 2. Pipes and Mains. 3. Supply to Consumers. 4. Water Rates. 5. Liability for Injuries. See Irrigation; Waters and Watercourses. 1. In General. Eminent domain, conflicting condemnors, priority of right to land. 9-690. WATERWORKS AND WATER COM- PANIES Continued. -interest acquired in land by condem- nation for waterworks as easement or fee. 1918A-809. - public use justifying taking of land for water supply. 14-904; 1912D-1004. "Inch," meaning as used with respect to measurement of water. 1916B-1230. Independent contractors, person contract- ing to dig trench for water-mains as independent contractor. 19-27; 191SC- 658. Individual's right to operate waterworks. 1914C-940. Larceny of water. 6-739. Nuisance, waterworks as. 14-1011. Plant, meaning of "water plant." 1917A- 321. Power, construction of water-power grant. 1916I>-1002, 1022, 1026, 1030. Public works, waterworks as constituting. 11-595. Purchase of waterworks by municipality, special elements of value in determin- ing compensation payable. 1915B- 1179. Statutes relating to municipal water sup- ply, effect of partial invalidity. 1916D-76. Taxation, mains, conduits, etc., situate in more than one taxing district, place of taxation. 18-717. United States, power to condemn land for purposes of water supply. 1918E- 48. 2. Pipes and Mains. Interference with pipes by municipality in making public improvements, rights of water company. 6-390. Laying water-pipe, liability of third per- son to landlord. 1912D-126. . Municipal regulation of pipes in high- ways. 10-1100. Special assessment for laying water-pipes in street, right to levy against abut- ting property. 5-905. Underground water-pipes, liability for in- juries caused by. 1916C-1050. WAVES WEAPONS. 917 WATERWORKS AND WATER COM- PANIES Continued. 3. Supply to Consumers. Enforcement of contract to supply water, municipality's right to enforce its contract with water company on be- half of private citizen. 1913C-1028. private consumer's right to enforce con- tract of municipality with water com- pany. 5-507. Extension of water system, power to com- pel. 1916D-285. Failure to furnish supply of water, lia- bility of water company to consumer. 20-1294. Meters, right of water company to com- pel customer to pay for meter as condition to supplying water. 15- 378; 1915C-1198. Municipal water supply, authority of board of health to regulate. 18-499. Pollution of water supply, validity of mu- nicipal ordinance prohibiting. 1917D- 1094. Service pipe, duty to lay without charge to consumer. 1912B-546; 1916A-741; 1916E-1297. 4. Water Rates. Advance charges for service, right to re- quire payment. 1914D-119. Discrimination, right of water company to discriminate between consumers. 20-952. "Domestic purposes," meaning as applied to water rates. 1912B-619; 1914D- 561. Former owners or tenants, validity of statute, ordinance or regulation making owner of premises liable for water furnished to former tenant or owner. 7-1017; 11-241. Minimum charge for service, right of water company to make. 1914D-455. Prohibition, issuance against council or executive officer of municipal corpo- ration to prevent fixing of water rates. 20-962. Shutting off water supply for nonpay- ment of water rent, right of. 19-847; 1914A-542. WATERWORKS AND WATER COM- PANIES Continued. Water rents as included in term "tax" in lease. 8-111. 5. Liability for Injuries. Fire loss, liability of water company un- der contract with municipality for loss sustained by private citizen. 2- 479; 7-475; 9-1070; 1913D-461; 1915B-211. municipality's loss by fire, liability of water company under contract with municipality. 20-625. Impure water, liability of water company to consumer. 1915C-686; 1918D-860. Negligence in construction or operation of waterworks, liability of municipal- ity. 14-1010; 1912A-220. WAVES. Injury to other vessels by displacement waves, duty of vessel to avoid caus- ing. 12-613. WAYS. See Easements, land Opening way through 1918D-543. as waste. WEALTH. Propriety of counsel referring in argu- ment to wealth or poverty of party to action. 1917B-312. WEAPONS. 1. In General. Deadly weapon, what constitutes. 1912A- 1328; 1916E-308. Display of weapon accompanied by threats as constituting offense of re- sisting officer. 17-404. Evidence of guilt of accused, fact of his carrying weapon when arrested as admissible. 15-1057. Firearms as baggage. 21-732. discharge of firearms in public places, validity of statute or ordinance pro- hibiting. 11-723. 918 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WEAPONS Continued. pointing unloaded firearms as assault. 13-484. Shooting across land of another as tres- pass. 10-531. Sportsman shooting another while hunt- ing, civil liability. 20-126; 1918C- 386. Toy pistol, liability of seller in damages for injury to child resulting there- from. 1913C-804. Use of deadly weapon in manner not or- dinarily employed as raising presump- tion of intent to kill. 1912A-107. 2. Carrying Weapons. Condition of weapon as affecting liability for carrying concealed weapon. 1913E-513. "Crime" for which witness may be im- peached, carrying or pointing weapon as constituting. 1916A-277. Cruel and unusual punishment for carry- ing concealed weapon. 19-732. Exemption of officers of law from statute against carrying weapons, construc- tion. 1914A-253. Habit of deceased in carrying weapon, proof in prosecution for homicide. 11-231. Merchandise, carrying weapon as article of merchandise as within prohibition of statute against carrying concealed weapon. 1912A-1207. Bight to bear arms. 1-56; 7-927; 17- 570; 1913B-333. Traveler or person on journey, who is within exception in statute against carrying concealed weapons. 21-448. What amounts to carrying weapon within prohibitory statute. 11-1105. WEARING APPAREL Continued. Exemption statute, meaning of term "necessary" as applied to wearing ap- parel. 1918D-175. "wearing apparel" within exemption statute. 15-159. Measure of damages for loss. 1917B-585. Trademark or trade name as infringed by similar name. 1915B-349. WEATHER. Negligence in setting fire on one's own premises as dependent on weather conditions. 20-699. Visibility of railroad rolling-stock or street-ears as affected -by state of weather. 16-357; 1915B-413. Weather records, admissibility and weight as evidence. 19-852. WEBB-KENYON LAW. Shipments of liquor in violation of state laws, validity and construction of act. 1915D-1171; 1917B-852; 1918B-278. WEEDS. Noxious weeds, duty of owner to destroy. 1913D-432; 1917A-183. Permitting growth of noxious weeds as waste. 1918D-547, 553. Eegulation of growth of weeds on city lots, validity of ordinance. 1-747. WEEKLY EARNINGS. See Average Weekly Earnings. WEEKLY REST DAYS. Validity of statute requiring for em- ployees. 1916D-1058. WEAR AND TEAR. Construction of "wear and tear" clause in lease. 13-96. WEARING APPAREL. Baggage, when wearing apparel of passen- ger is. 21-736. WEIGHTS AND MEASURES. False weights and measures, criminal lia- bility of corporation for use. 1916C- , 465. liability of principal or master for act of agent or servant in giving false weight or measure. 1914B-1077. WELL-DIGGING WHOLLY DUE. 919 AND MEASURES Con- WHARVES Continued. WEIGHTS tinued. Food packages, validity and construction of statutes regulating net weight of packages. 1916B-1169; 1916D-551. "Inch" as used with respect to measure- ment of water. 1916B-1230. Minerals mined by employees, validity of statutes regulating weighing. 11-74. Prevention of fraud in weights and meas- ures, validity of legislation. 1912C- 251; 1914C-679; 1915D-1073; 1917 E- 877; 1918D-156. Sealer of weights and measures as munici- pal officer. 1914D-1237. WELL-DIGGING. Workmen's Compensation Act as appli- cable to well-digging. 1917D-30. WELLS. Injury caused by water pumped from well and flowing on to adjoining land, lia- bility of well owner. 1914D-70. Interception of subterranean waters sup- plying neighbor's well, right of land owner to sink well and intercept. 4-829; 10-846; 1917C-106; 1918E- 274. Prescriptive right of public to use well. 1914B-725; 1917A-881. Trespassing child injured by reason of unguarded well, liability of land owner. 7-200; 11-990; 1913A-1032; 1916C-1085. WHALES. Private ownership as acquired by pursuit. 1917B-961. WHARVES. Independent contractors as tested by character of employment in connec- tion with wharves. 19-27. Injuries to persons on or about wharves, docks or piers. 191GC-139, 164, 167, 170. Municipal erection at point where street abuts upon waterfront, right in ab- sence of statute. 14-1135. Private wharf, right of owner to exclude others from use. 16-1226. Public use supporting condemnation pro- ceedings for wharves. 14906. Railroad company's power to maintain wharf. 4-911. Riparian owner's right to construct wharf under right of access. 11-11. Statutes relating to wharves, effect of partial invalidity. 1916D-93. Wharfage charges, right to and liability for, in absence of express contract. 13-384. Workmen's Compensation Act as appli- cable to work on wharf. 1917 D-21. WHIPPING. Charge that person was whipped as libel- ous or slanderous. 1913D-260. Eeasonableness of punishment of child by parent or one in loco parentis as question for jury. 5-117. Eemedy of child for excessive punishment by parent. 1-131. School-teacher's right to inflict corporal punishment upon pupil. 12353. WHITE SLAVE TRAFFIC ACT. Construction of federal act. 1913E-913; 1917B-1177. State legislation as affected by act. 1915D-1020; 1917E-786. Validity of act. 1913E-909. WHOLESALE DEALERS. Food, liability of wholesaler to retailer for breach of implied warranty on sale. 1913B-1116; 1915C-145. Hawker and peddler license regulations as applicable to. 1912D-1294. WHOLLY DUE. Legal meaning of term. 1918K-792. 920 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. J.918B. WIDOWS. See Descent and Distribution; Dower. Assignment of mortgage, right on paying indebtedness. 1914B-570. Attachment lien not perfected by judg- ment during husband's lifetime as prior to widow's share in estate. 1913A-343. Contest of will of deceased husband, right of widow. 11-1015. Equitable election by widow to take un- der will as affecting her right to in- testate property. 1918B-986. renunciation of will by widow, effect on rights of other legatees or devi- sees. 1913E-416. right of election under will as affected by widow's qualifying and acting as executrix. 4-1037. "Heirs at law ? " "heirs," or the like in will as including widow. 1915D-1178. Homestead, necessity of selection where property is not in excess of exemption. 1913C-1283. Inheritance tax, allowance for widow's support or dower as subject to succes- sion tax. 1913A-167. Mechanic's lien, widow of owner of prem- ises as necessary or proper party to foreclosure action. 1918B-14. Testamentary gift to "widow," construc- tion. 1912A-932. Widow's allowance, right thereto as af- fected by voluntary separation. 1916C- 866. WIFE. Bequest or devise to "wife" of testator, construction. 12-756. Gift in will to wife of designated person other than testator, construction. 1912A-932. WILD ANIMALS. Liability for injuries by wild animals. 14-61; 1914A-764. Property in wild animal, right of. 1917B- 949. WILFULLY. Meaning of term in federal twenty-eight hour law. 21-825. WILFUL MISCONDUCT. Public official, what constitutes "wilful misconduct." 1912C-1083. WILFUL WRONGS. Bankruptcy discharge as affecting judg- ment for wilful injuries to person or property. 3-169; 12-1011; 1917A- 212. Contributory negligence as defense to action for wilful wrong. 1912A-493. WILLS. v 1. In General. 2. Contracts Respecting Wills. 3. Capacity to Make Will. 4. Nature and Form of Instrument. 5. Execution of Will. 6. Undue Influence, Fraud or Mistake. 7. Revocation and Revival. 8. Probate of Will. 9. Contest of Will. 10. Construction and Validity of Provi- sions. I A. GENERALLY. B. PERSONS ENTITLED TO GIFTS. C. PARTICULAR TERMS. D. ESTATE OR INTEREST TRANSFERRED. E. CONDITIONAL GIFTS. 11. Rights and Duties of Beneficiaries. A. GENERALLY. B. GENERAL OR SPECIFIC GUTS, C. LAPSE. D. ELECTION. 12. Lost Wills. See Annuities; Charities; Descent and Distribution; Executors and Admin- istrators; Perpetuities; Trusts and Trustees. 1. In General Benefit society, right of member to desig- nate new beneficiary by will. 1913B- 1286. Body of testator, right of testamentary disposition. 3-135. .WILLS. 921 WILLS Continued. Collateral attack on decree granting let- ters testamentary or of administration. 4-1117; 1912A-983. Custody of child, right of mother to make testamentary disposition of child. 7- 450. Defamatory words, effect in will. 1914C- 8S9. Foreign corporations, right to acquire and hold real estate by devise. 6-735. Guardian for child, testamentary appoint- ment of guardian as constituting will. 1-368. Inheritance tax, money paid in compro- mise of will contest as subject to succession tax. 6-572. Interest on general pecuniary legacies, time from which they draw interest in absence of governing provision in will. 6-525; 1912B-244; 1915C-1170. Intestacy, presumption that person shown to be dead dies intestate. 21-231. Partition by tenant in common, testa- mentary restriction against. 1916D- 1270. Public lands, right of devisee where home- steader died before perfection of title. 1912C-699. Eight to take property by will as natural right protected by constitution. 1918A-939. Shelley's Case, application of rule to per- sonal property. 12-839. jurisdiction wherein rule is recognized, modified or abolished. 4-31. limitation over, effect on operation of rule. 3-397. Testamentary trustee, what constitutes renunciation of trust. 20-841; 1918D- 459. Witnesses, communications between attor- ney and testator in regard to testa- mentary matters as privileged. 14- 601; 1912A-839; 1913 A-26; 1916C- 1073. witnessing execution of will as trans- action with decedent within rule ex- cluding testimony. 1913A-939. 2. Contracts Respecting Wills. Contract not to change will, validity. 1916D-1160. WILLS Continued. Measure of damages for breach of contract to make will. 1918A-854. Oral agreement to devise land, validity. 5-195; 20-1137; 1915A-463. Prevention of making will by oral prom- ise of heir or distributee, liability ex maleficio. 2-556. Services performed in consideration of oral agreement to compensate by will, running of statute of limitations against action. 1918A-912. remedy of person performing services under void contract for devise. 1913A-288. Specific performance of contract to make will. 1914A-399. 3. Capacity to Make Will. Generally. Belief in spiritualism as impairment of testamentary capacity. 10-617; 1914C- 1049. Blind person, validity of will made by him. 1916D-792. Infants, capacity to dispose of property by will. 1912A-621. Insane delusion with respect to relative as affecting testamentary capacity. 1916C-4, 29, 33, 35; 1918D-471. Marriage capacity and testamentary capa- city contrasted. J913B-1239. Religious belief other than in spiritualism as affecting testamentary capacity. 1915D-573. Testamentary capacity and contractual capacity contrasted. 1915A-362. Time to which inquiry as to testamentary capacity, should be limited. 18-905. Evidence. Adjudication of incompetency made sub- sequent to execution of will, admissi- bility on issue of testamentary capa- city. 1915B-1009. Comparative weight of testimony by phy- sician and layman on question of tes- tamentary capacity. 1914D-343. Coroner's verdict, as admissible on issue of testamentary capacity. 1917B-899. 922 INDE;K TO THE NOTES, i ANN. CAS. TO ANN. CAS. WILLS Continued. Declaration of legatee or devisee, admis- sibility as to mental capacity of tes- tator. 9-807; 1918A-1066. Husband or wife, competency of testi- mony of one spouse as to testa- mentary capacity of other spouse. 1916A-1060. Insanity of testator, admissibility on is- sue of evidence of insanity of ances- tors or kindred. 6-29; 7-267. presumption as to continuance of per- manent insanity. 4-491. Mistake of testator as to extent of his property as evidence of want of tes- tamentary capacity. 1914A^178. Physician who attended testator before death, right to testify as to his men- tal condition. 1912R-1039; 1918A- 1050. Suicide of testator as evidence of testa- mentary incapacity. 1912A-46. Unnatural or unjust disposition of prop- erty as evidence of testamentary in- capacity. 13-1044; 1917E-130. 4. Nature and Form of Instrument. Codicils, incorporation into will of instru- ments by reference in codicils. 1-396. physical attachment to will as neces- sary to effectiveness of codicil. 14- 472. 'reference by testator to his will as in- eluding codicil. . 8-429. Contingent or conditional wills. 8-1150. Detached sheets of paper, validity of will made on. 1915A-1208. Dispositive, when will is. 1914A-107. Holographic will not wholly in handwrit- ing of testator. 1-373; 20-369. necessity of signature at end of holo- graphic will. 1918B-230. rule that will must be found among "valuable papers." 5-636. sufficiency of attestation. 1913B-1305. Incorporation of documents by reference, doctrine of. 1-395; 9-105; 1915 A- 875. Instrument not testamentary on its face, admissibility of evidence to show it was intended to take effect upon death of maker. 12-287; 1914A-89. WILLS Continued. Nuncupative wills, attempt to make formal will as constituting nuncupa- tive will. 1917D-608. property which may pass under nuncu- pative will. 1912C-646. rogatio testium to establish proof of nuncupative will, necessity and suffi- ciency of. 10-1132. statutory restrictions as to time of making nuncupative will. 3-317; 14- 1164. Paper testamentary on face, admissibility of evidence to prove not intended as will. 18-897; 1914A-98. Several testamentary instruments par- tially inconsistent, construction to- gether as one will. 18-284; 1917E- 781. Soldiers or seamen, wills of. 1916A-483. "Will making no disposition of prop- erty, validity. 1-368. 5. Execution of Will. Generally. Conclusiveness of testimony of subscrib- ing witnesses with respect to execu- tion of will. 1916D-1104. Conflict of laws, law governing execution of will of personalty. 9-44. Law in force at time of testator's death or at time of execution of will as governing its execution. 13-1154. Lex situs as controlling execution of will of realty. 2-591; 3-863. Statute passed after death of testator as affecting validity of will. 1912D- 348. Sunday execution of will as within prohi- bition against "labor" or "labor or work." 1913D-798. Testamentary disposition, requisites to va- lidity. 1-51. Testator unable to read, necessity of affirmative proof of knowledge of contents. 14-876. 'Attestation and Subscription. "Attestation" when used with reference to will as including "subscription." 16-1091. WILLS. 923 WILLS Continued. Competency of witnesses, executor as at- testing witness. 15-789. -husband or wife of beneficiary as at- testing witness. 1917A-833, 836, 838. officer or other person interested in charitable institution receiving ben- efit u ider will, competency as attest- ing witness. 15-794. time as of which competency of witness to will is to be determined. 15-889. "Credible," meaning as applied to witness to will. 18-1091. Holographic will, necessity of signature at end. 1918B-230. sufficiency of attestation. 1913B-1305. Manner of signing, sufficiency of signa- ture of testator with respect to. 18 769; 1917B-874; 1918E-1040. Necessity that witness should have known testator previously to subscription. 17-686. Order of subscription to will as between testator, and witnesses. 5-463; 20- 1367; 1915B-956. "Presence" of testator, what constitutes subscription by witness in presence of testator. 6-414. "Eesidence" as synonymous with "domi- cile" in statute relating to witness to will. 1915C-792. Signature of testator "at end" of will. 2-730; 11-1013; 1913C-845. necessity that testator sign "at end" in ' absence of statute. 1916E-140. Sufficiency of subscription to will by wit- ness. 4-637. 6. Undue Influence, Fraud or Mistake. Character or reputation of devisees as ad- missible in evidence on issue of un- due influence. 8-1138. Declarations as evidence of undue influ- ence, executor's as admissible on is- sue. 1913A-87. legatee's or devisee's declarations, ad- missibility on issue of undue influ- ence. 21-50. testator's declarations not made at time of execution of will as admissible on question of undue influence. 5-608; 10-600; 1917D-717. WILLS Continued. Equity jurisdiction to set aside will for fraud. 18-807. Preparation of will by beneficiary as evi- dence of undue influence. 15551. Presumption of undue influence, arising from relation of man and mistress. 9-783; 1913C-143. Reformation of will, jurisdiction of equity. 15-141; 1917D-1157. Undue influence as related to fraud. 18- 412. Unnatural or unreasonable character of will as evidence of undue influence. 7-894. 7. Revocation and Revival. Admissibility of testator's subsequent , . declarations on issue of revocation, of will. 10-535. Birth of issue as revocation of will. 1913D-1318. provision for afterborn child as pre- venting revocation. 1913D-1328. Canceling, obliterating or destroying par- ticular clause, effect on will. 1912D- 174. % Codicils, effect on will of revocation of codicil. 1915A-102. invalid or inoperative codicil as effect- ing revocation of will. 20-1001. Defective will subsequently executed as revocation of prior will. 1912D-235. Dependent relative revocation, doctrine of. 1-609. Divorce of testator as revocation of will. 3-230; 16-544. Erasure or obliteration of signature where another signature is added as revoca- tion of will. 20-218. Implied revocation by alienation of prop- erty, effect of revesting of estate alienated. 16-209. Inconsistent provisions of subsequent will as revocation. 1914A-123. Interlineation or alteration by testator in will. 1915C-74. Lease of land specifically devised as con- stituting revocation of will. 1913B- 59. 924 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WILLS Continued. Lost will, revocation of will, which can- not be found, admissibility of decla- rations of testator upon issue. 3-960; 14-2S4; 1914C-909; 1918E-370. Manner of revocation other than that pro- vided by statute as effective to re- voke will. 1913D-309. Marriage and birth of issue as revoca- tion of will. 7-786. effect on will of marriage of testator without resulting issue. 1917A-203. extent to which widow's interest is af- fected by statutory revocation of will by testator's subsequent mar- riage. 5-795. testator's marriage as revocation of will under statute making wife heir of husband. 17-1142. woman testatrix, revocation of will by subsequent marriage. 1913A-218; 1916A-365; 1917C-1039. Mutilation as ground for revocation. 1- 25. Parol evidence in aid of construction. 1915B-8; 1916A-415; 1917E-410; 1918C-936. Partial revocation of will. 1913D-313. Particular estate or interest, revocation of testamentary gift as revocation of re- mainder or limitation over. 5-789. Presumption of revocation from destruc- tion of one copy of will executed in duplicate. 1912A-273; 1918E-229. Proof of contents of subsequent will, necessity in order that it may revoke prior will. 1914D-130. Eevival of wills, codicil as reviving will. 1-671; 1917D-1175. destruction of revoking will as working revival. 4-313; 13-245; 1913U-120; 1916E-718. will revoked by marriage, revival of. 1917D-1175. Sale of real property specifically devised as revocation of devise. 1913B-56. 8. Probate of Will. Admission of will to probate without first obtaining, by direct proceeding, an- nulment of letters already granted. 9-962. WILLS Continued. Ancillary probate of will of resident which has been probated abroad. 7-313. collusiveness in domestic courts of foreign will duly probated abroad. 9-422; 14-977; 191SA-614. Annulment or establishment of will before death of testator, right of. 1918A- 738. Appeal from decree revoking probate, necessity that personal representative give bond on appeal. 20-416. judgments or orders appealable in pro- bate and contest matters. 1913C-851. power of executor or administrator with will annexed to appeal from judgment refusing probate. 1917C-1079. Costs and counsel fees, allowance to un- successful party in action to construe will. 1915C-714. Death or absence of one or more wit- nesses, probate of will in case of. 1914C-902. Declarations of deceased witness, admis- sibility on issue of genuineness of will. 19-1009. Dispensing with probate, validity amd en- forceability of agreement by parties interested to dispense with probate of will. 15-742; 1918E-1218. Dying declaration, admissibility in will contest. 6^69. Estoppel to seek probate of will. 1918A- 1200. Fees, validity of statute fixing probate fees. 1916C-213. Foreign will, necessity of probate in do- mestic state. 9-423. Joint and mutual, validity and probate. 2-26; 17-1006; 1915A-364. Jury trial, right to jury trial of will con- test. 15-211; 1914B-557. Limitation against probate, applicability of general statute of limitations. 2- 773. Lost or. destroyed record of probate, parol proof of contents of. 1916D-254. Notice of probate, persons entitled to no- tice. 1914B-427. Partial probate, lost will, admission to probate of part only. 18-630. .WILLS. 925 "WILLS Continued. rejection of part of instrument and ad- mission of remainder, power of pro- bate court. 18-388. Presumption of regularity of probate aris- ing from lapse of time. 1913A-1038. Publication of will, memory of witness of oral statements of testator as affect- ing weight of testimony. 18-1198. Refusal of probate, conclusiveness of de- cree of probate or surrogate's court. 15-68. Several wills of same date or one or more undated, admission to probate. 1918A-780. Subscribing witness, effect of failure to remember transaction. 11-428; 1918K- 1040. Unprobated will, admissibility to prove title to property. 1916A-887. Unsuccessful attempt to sustain will, right of testamentary executor to recover from estate money expended therefor. 18-741; 1918I>-166. Witnesses, statute prohibiting witness from testifying to transactions with decedent as applicable to probate proceedings. 1914A-982. 9. Contest of Will. Abatement of right of action to contest will by death of contestant. 1913E- 128. Acceptance of benefit under will as af- fecting right to attack its validity. 3-525. Administrator, guardian or the like, power or duty to contest will. 1918B-536. Agreement to contest will, validity of agreement. 15-300. Burden of proof in contest instituted after probate. 1914C-535. Compromise of controversy over will, necessary parties. 1913B-615. Contract to refrain from contesting will, validity. 15-303; 1914D-512. Dismissal of contest, right of plaintiff to dismiss will contest voluntarily. 1914B-532. Estoppel of beneficiary to contest will by accepting benefit thereunder, where WILLS Continued. property is subsequently returned. 1913E-1182. Foreign will, contest after probate. 9- 424. Judgment creditor of heir as interested person to contest of will. 14-334. Jury trial, right to jury trial of will con- test. 15-211; 1914B-557. Legatee or devisee merely, right to con- test will. 1917C-905. Limitation on right of contest, exceptions 1-644. State's right to contest will. 14-959. Widow of decedent, right to contest his will. 11-1015. 10. Construction and Validity of Provi- sions. A. GENERALLY. Disinheritance, mere negative or prohibi- tive words as sufficient to disinherit heir. 1912D-1146. Executors, devise or bequest to executor as provision for his compensation for services as such. 1913D-993. implied power of executor to sell real estate of testator. 1916D-410, 448. 449, 451. Foreign charity, law governing validity and administration of testamentary gift to. 20-866. Implied devise or bequest from recital in will. 1917D-431. Inheritance tax, construction of provision in will as to payment of succession taxes. 20-1360. Instrument in form of deed to become effective upon death of grantor, con- struction. 7-790. Intention of testator, testimony of scrivr ener as admissible to show. 1913A- 1017. Introductory clause of will as aid to con- struction. 1912B-343. Invalid clause, effect upon clauses other- wise valid. 3-950; 18-473. Jurisdiction of equity to construe wills. 13-2. probate courts, jurisdiction to construe wills. 5-473. 926 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WILLS Continue d. Rule that wills are to be more liberally construed than deeds. 1913E-1286. Statute passed after execution of will, effect on construction of will. 1913A-1290. Tomb, monument, burial lot or cemetery, validity of bequest for purchase or care of. 15-606. Trusts, implied trust as arising from tes- tamentary gift secured by promise of donee to hold for benefit of another. 21-1384. validity of testamentary trust whose- purpose is defined only in oral in- structions given by testator. 1912A- 834; 1916A-378. Videlicet, office of. 1913A-493. Words repeated in will, construction. 1914B-64. B. PERSONS ENTITLED TO GIFTS. Appointment or acknowledgment of person as testator's heir, construction of provision in will. 1915B-239. Benefit society, right to take under will. 1914A-596. Bequest to class as including persons dead before making of will. 5-243; 1918D- 953. class inaccurately enumerated, construc- tion of gift in will. 1545. what constitutes gift to class. 21-415. Charitable bequests. See Charities. Child en ventre sa mere, when gift to children and the like includes child en ventre sa mere. 7-134; 12-200; 1916E-1034. Church, devise or bequest to church as charitable use. 4-1139; 9-1202; 1914D- 451. County, power to take devise of realty. 1914A-1192. Omission of child from will, admissibility of parol evidence to show whether intentional omission. 8-637; 1916 A- 718. Per capita or per stirpes division, bequest to be divided equally among persons standing in different relationships to testator. 1916C-411. Putative wife, legacy or devise to wife as applicable. 1913A-245. WILLS Continued. Survivorship in common disaster, validity of provision in will relating to. 1918D-842. O. PAETICULAB TERMS. "All," meaning as used in connection with "rest," "residue" or "remainder." 1917E-75. "And" construed as "or," and vice versa. 19-922; 1917C-306. "Assigns," meaning of term in will. 1913B-741. "Blood relations" or "blood relationship," construction of terms. 5-511. "Brother" and "sister" as including half- brother end half-sister. 9-140. "Carriages," bequest as including motor cars. 1913B-757. "Cash" or "money" as including real prop- erty, when used in "will. 20-1288. "Child" in will as including illegitimate child. 191SB-261. "Children," designation as beneficiaries as including adopted child. 18-518. "Contents" or similar expression, meaning as used in will in connection with property bequeathed or deviseJ. 1916C-1139. "Desire," meaning as used in will. 1917B- 503, 518. "Each," meaning as used in will. 1914D- 247. "Effects," when testamentary gift of "effects" will be construed to include real property. 7-128. "Estate," when testamentary gift of "es- tate" restricted to personalty. 3-420. "Etc.," legal meaning" as used in will. 1912C-174. "Family" as including grandchild. 1913B- 460. "Heirs" construed to mean children. 1914B-70. "Heirs at law," "heirs," or the like as in- cluding widow. 1915D-1178. "House" in will as including land. 1914B- 1240. "If." meaning in construction of will. 1913B-730. "Issue" as including adopted child. 1912A- 327. ;WILLS. 927 WILLS Continued. illegitimacy, construction of terms "is- sue" and "lawful issue" with respect to. 5-936. "Lawful heirs," meaning of term. 1917C- 1156. "Monument" directed to be erected for testator or other person, meaning of term. 19-1158. "Nearest blood relation," meaning of phrase in will designating legatee or devisee. 1915A-476. "Nearest family," meaning in will desig- nating legatee or devisee. 1915A- 476. "Nearest male heir" or similar phrase designating legatee or devisee, mean- ing. 1915A-474. "Nearest of kin," meaning in will designat- ing legatee or devisee. 1915A-475. "Nearest relative," meaning in will desig- nating legatee or devisee. 1915A-475. "Necessary" as used in will, meaning of term. 1918D-1162. "Niece" or "nephew" as including grand- niece or grandnephew. 1913E-589. "Person" as including private corporation. 20-748; 1914A-1310. "Personal property" in will as including money. 1913D-857. "Premises," what is included in term with respect to land. 1916C-11-94. "Profits," legal meaning of word in will. 20-686. "Pro rate" or "pro rata," meaning as used in will. 1918C-791. "Provided," meaning of term as used in will. 1912C-1089. "Eeal estate," 'land," etc., gift as includ- ing leasehold. 20-1089. "Eequire," legal meaning of word. 1912A- 1234. "Residence" as synonymous with "dom- icile" as used with respect to probate or attestation of wills. 1915C-787, 792. "Eight heirs," construction of phrase as used in will. 16-298". "Servants," who entitled to share in be- quests to servants. 2-866; 1912A-486. "Share." meaning as used in will. 1915B 574. WILLS Continued. "Similar," meaning of word in will. 18- 793. "Surface," meaning of word in devise of land. 1913D-127. "Survivor," when will be construed to mean "other." 4-581. "Then," meaning as denoting time or event. 1913B-321. " or "wife" of designated person other than testator, construction of gift to. 1912A-932. "Wife" of testator, construction of be- quest or devise to. 12-756. D. ESTATE OR INTEREST TRANSFERRED. After-acquired realty, when passes. 18- 167. Contract for sale of realty, descendible and devisable quality of interest of ven- dee. 1912B-39. Cotenancy, nature of estate resulting from creation. 1917B-57. Cutting down clear devise or bequest, by clauses or expressions of doubtful im- port. 3-615; 10-176; 11-470. Dollar-mark or other designation indicat- ing money, effect of omission. 1915C 336. Equitable right of grantor to reconveyance of land, devisability. 1912B-39. Homestead, right to make testamentary disposition. 21-248; 1914B-271. Joint tenancy, devise to persons "jointly" as creating joint tenancy. 1914B-233. Land contracted to be sold, estate taken by devisee. 9-34. Law governing construction of will of realty. 11-498; 1S-578. Mortmain statute, gift in violation as void or voidable. 10-1030. Bents, profits, income, etc., of land, estate passing by devise of. 9-247. Besiduary legatee, bequest to as including realty. 14-795. Spendthrift trust, sufficiency of testament to create. 3-1010; 18-495. validity where testator is beneficiary. 19-273. 928 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WILLS 'Continued. Remainders and Limitations. Acceleration of remainders. 1914A-856. widow's renunciation of life estate, as affecting acceleration of remainder. 1915A-1227. Contingent remainder as interest in land subject to devise. 1918B-851. Cross-remainders by implication in will. 1916B-713. Devise over limited upon indefinite failure of issue, validity. 6-648. Gift over, effect upon estate taken under will. 1-SS2; 11-345. Limitation over in case of marriage, estate conveyed by devise. 1915B-1238. Remainder given to children as a class, right of representative of predeceased child to share. 2-645; 1917B-1245. Survivorship, time to which words of sur- vivorship refer in devise or bequest of remainder after life estate. 14-706. Vested or contingent remainder as arising by gift over to heirs of testator. 1917A-859, 871; 1918D-983. Power of Disposition. Devise over after life estate with power of disposition, validity and effect. 7-953. Execution of power, general devise or be- quest not referring thereto as execu- tion of power to dispose of property. 16-203; 1914D-586. Interest given by bequest of personalty with unlimited power of disposition. 17-4SO. Life estate devised with absolute power of disposition, estate created thereby. 9-947; 1912B-424; 1916B-I75; 1916D- 400. Power of appointment to be exercised by will, how may be done. 1918E-1161. E. CONDITIONAL GIFTS. Conditional estate, words merely declara- tory of purpose of devise as creating. 3-38; 12-227; 1916B-606. Divorce or separation, validity of legacy or devise conditioned on recipient ob- taining divorce or separating from spouse. 1917B-167. WILLS Continued. Forfeiture of gift in case of contest, va- lidity of condition in will. 17-997; 1913E-1298; 1918E-1094. Impossibility of performance of condition, effect of event rendering conditional devise or bequest impossible of per- formance. 17-433. Marriage, validity of testamentary disposi- tion in restraint. 5-138; 9-1143; 1918B-1141. Military or naval service, validity of con- dition attached to legacy or devise against entering. 13-354. Eeligion, renunciation or embracing of par- ticular religious belief, validity of legacy or devise conditioned on. 7- 656. subversion of religion, validity of testa- mentary disposition. 1917B-1024; 1917D-78S. Restraint on alienation, validity of partial or limited restraint. 7-319; 1912C- 1329. 11. Rights and Duties of Beneficiaries. A. GENERALLY. Abatement of legacy accepted by widow in lieu of dower. 2-976. legacy given in satisfaction of debt. 10- . 158. renunciation of will by widow, abate- ment of legacies and devises. 1913E- 416. Accumulated income not expressly dis- posed of, right to. 1914B-86. Ademption of specific legacy by change in character of property bequeathed. 8- 144; 1915B-1135. - presumption that subsequent benefit to legatee to whom testator does not stand in loco parentis is ademption or satisfaction of legacy. 15-248. Advancement, statement in will as evi- dence of advancement. 1915A-930. Death of beneficiary, right to succession of fund in hands of executor or trustee under will giving latter discretion in paying fund to beneficiary. 1912D- 1177. Debt to creditor, satisfaction by legacy to creditor not payable at same time as debt. 4-458. Demonstrative legacies. 4-162. WILLS. 929 WILLS Continued. Equitable conversion, devise directing sale of land at future time, when equitable conversion takes place. 17-643; 1915D-434. Estoppel by acceptance of benefit, under will disposing of beneficiary's property as that of testator. 9-956; 21-556. Encumbrance on land devis'ed, right of dev- isee to have it discharged out of per- sonalty to disappointment of legatee. 8-592. Insurance money on specifically be- queathed property destroyed before delivery, right to. 1914A-320. Interest, time from which general pecu- niary legacies draw interest in ab- sence of governing provision in will. 6-525; 1912B-244; 1915C-1170. Money bequest for life, right of life tenant to possession of principal sum. 6-7S7. Mortgages, right of devisee paying in- debtedness to have assignment of mortgage. 1914B-571. Refusal of devisee to accept devise of realty, effect. 1916D-1199. Services rendered decedent, right of re- covery where attempt in will to make payment fails. 1913A-480. B. GENERAL, OB SPECIFIC GIFTS. Enumeration of property in residuary clause as making legacy or devise spe- cific. 11-765; 1913D-1044. Insurance money, bequest thereof as spe- cific legacy. 10-1137. Proceeds of sale of realty or personalty, gift as general or specific legacy. 1913C-546; 1915B-1135. Real estate devise as specific or general. 1914D-32. Stocks, bonds or securities, distinction be- tween general and specific legacies thereof. 10-490; 19-1187. C. LAPSE. "Child" in statute avoiding lapsing of leg- acies as including illegitimate child. 1918B-254. Death of beneficiary, effect of death of legatee before payment of legacy given in payment of debt. 4-73. lapse of legacy or devise by death of beneficiary after testators's death but Index to Notes 59 WILLS Continued. before legacy or devise becomes pay- able. 1913B-81. Devolution of lapsed or void legacy or de- vise where donee is also residuary legatee or devisee. 1914C-812. distinction between lapsed legacy and lapsed devise with respect to devolu- tion. 1914D-719. Primary liability of lapsed legacy or de- vise to payment of claims against es- tate. 3-719. "Relative" as used in statute providing against lapse of legacies or devises to relatives, construction of word. 10- 920. D. ELECTION. Contribution between legatees or devisees on renunciation of will by widow. 1913E-416. Conversion directed by testator, right of widow to benefit in electing to take against will. 17-160. Death of widow within time for making election between dower and other in- terest, effect. 5-82. Foreign jurisdictions, effect in another jurisdiction of election made with re- spect to will. 1914A-446. Husband's election to take under wife's will, sufficiency of acts to constitute. 1916C-1204. personal representative of husband, right to exercise right of election un- der wife's will. ' 1912B-529. Intestate property, election by widow to take under will as affecting her right to intestate property. 1918B-9S6. Manner in which another shall exercise right of equitable election, right to control. 10-828. Qualification and acting as executrix as affecting right of widow to election under will. 4-1037; 6-336. Rights of other legatees or devisees as af- fected by widow's renunciation. 1913E-416; 1915A-1227; 1918C-412. 12. Lost Wills. Declarations of testator alone as- proof of contents of lost will. 1915B-253. Establishment of lost will, statute of limi- tations as applicable to action. 1915B- 631. 930 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WILLS Continued. Probate of part only of lost will. 18-630. Revocation of will which cannot be found, declarations of testator upon issue as admissible. 3-960; 14-284, 1914C- 909; 1918E-370. WILSON ACT. Shipments of liquor in interstate 'com- merce, when become subject to state regulation. 7-1132; 20-669. WINDING UP CORPORA- TIONS. Bight of minority stockholder or stock- holders to maintain suit to wind up corporation. 15-422; 191SE-424. WINDOWS. Carrier's liability to passenger for injury caused by fall of car window. 1912B- 850. Opening partly opened window sufficiently to gain entrance as breaking and en- try in burglary. 15-929; 1916C-320. Storm windows, inside blinds and window screens as fixtures. 20-470. WINES. Native character of wine, burden of proof in prosecution for illegal sale. 1913C- 640. Wine-grower, burden of proof of sale as wine-grower in prosecution for illegal sale. 1913C-638. WINNINGS. Setoff of prior winnings in action to re- cover money lost at gaming. 1918C- 771. WIRES. Assumption of risk, application of doctrine to electric lineman. 1912B-468. Children, duty and liability of one main- taining electric wires with respect to WIEES Continued. children. 10-925; 21-1096; 1917A- 895. Fall of wire of public service corporation, liability of municipality for injury re- sulting therefrom. 1913E-379. caused by wire transmitting elec- tricity from lightning, liability of tele- phone or other electric company. 1914B-1031. Injuries resulting from wires charging wire of other company or person, liability of electric company. 16- 1194; 1918C-916. Inside wiring, liability of electric light company for injuries resulting from condition. 1917A-1175. Maintenance of wires in close proximity to those of another company, liability of electric company for injuries to em- ployees of other company. 1918D-4, 63. power of public service commission to prevent maintenance of wires in close proximity. 191SB-847. Personalty or realty, wires of telegraph, telephone and electric companies. as constituting. 9-1192. Private property, as distinguished from highway, liability of one maintaining electric wires thereover for injuries received by adult coming in contact with wire. 21-374; 1918C-594. Railroads, duty to guard wire used by railroad, to carry motive power. 21- 750. Revocation of right of electric company to maintain poles and wires in street. 1917E-525. Stringing electric wires above ground as negligence. 9-751. remedy of land owner for unauthorized stringing of wires above his premises. 9-860. Traveler coming in contact with live wire, liability of one maintaining wires in highway for injuries. 4-709; 1913D- 912. WISHES. Child's wish as consideration in determin- ing right to its custody on habeas corpus. 1914A-755. WITHDRAWAL FROM SETTLEMENT WITNESSES. 931 WITHDRAWAL FROM SETTLEMENT. Public lands as subject to withdrawal from settlement for water-power or similar purpose. 1918C-1008. WITH EXCHANGE. Negotiability of note so payable. 1-385. WITH MEALS. Meaning in statute permitting sale of liquor on Sunday in hotels. 17-817. WITHOUT PREJUDICE. Judgment or decree "without prejudice," effect as res judicata. 1914A-1106. WITHOUT RECOURSE. Implied warranty arising out of assign- ment of chose in action "without re- course." 1912A-926. WITNESSES. 1. In General 2. Attendance. 3. Compensation. 4. Swearing Witnesses. 5. Competency. A. GENERALLY. B. EXPERTS. C. HUSBAND AND WIPE. D. PRIVILEGED COMMUNICATIONS. E. TRANSACTIONS WITH PERSONS SINCE DECEASED. F. PARTICULAR FACTS. 6. Examination. A. MODE OF EXAMINATION. B. CROSS-EXAMINATION. C. PRIVILEGE OF WITNESSES. 7. Credibility, Impeachment and Corrob- oration. A. CREDIBILITY. B. IMPEACHMENT. C. COHROBORATION. 8. Limiting Number of Witnesses. WITNESSES Continued. 1. In General. Calling witness on initiative of arbitrator, judge or the like, right of. 1S-163. Commitment of witness for perjury during trial as prejudicial error. 19-423. Contempt, power of magistrate or justice of peace to punish witness. 9-316. Depositions, competency of witness at time deposition taken or at time offered in evidence as determining admis- sibility. 1913C-1064. naming witness in notice of taking, necessity end sufficiency. 1918A-950. Discovery, witnesses as parties defendant to bill. 20-906. Divorce case, continuance on ground of ab- sence of witness. 1914B-360. Exclusion of witness from courtroom dur- ing trial, effect of disobedience of rule. 9-368. Expert witnesses, validity of statute pro- viding for appointment of expert wit- nesses by court in criminal cases. 1912B-691. Eye-witnesses of crime, duty of state to call. 16^918. Libel and slander, testimony as privileged within law of libel and slander. 19 773; 1918A-822. "Eequire," legal meaning of word. 1912A- 1240. 2. Attendance. Absence of witness, admissibility of evi- dence to explain. 1912B-1014. unsuccessful search for witness, evidence admissible to show. 8468. Dissuading witness from testifying, at- tempt made in good faith as criminal offense. 13-579. Exemption from service with process, non- resident within state for purpose of appearing as witness in civil or crim- inal proceeding. 6-337; 18-127; 1915D-985. ^resident of state attending eo;irt in an- other county as witness. 9-835. Habeas corpus ad testificandum. 1915D- 1028. Obstructing attendance, aiding, procuring, or advising disobedience to subpoena as contempt of court. 18-319. 932 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WITNESSES Continued. criminality of preventing appearance of person not subpoenaed. 1912C-517. Keeognizance for appearance of witness in criminal case, power of court to re- quire. 1912D-338. Subpoena, evading service of subpoena as contempt. 1916E-264. issuance by criminal magistrate and not entitled in any pending prosecution, validity. 9-977. Subpoena duces tecum, sufficiency of de- scription of documents. 15-643. 3. Compensation. Change of venue, witness fees as charge- able against county. 1913B-190. Detention of witness in custody for future appearance, right to recover fees for period of detention. 1912C-809. Expert witness, extra compensation for. 5-993; 17-715. Mileage and per diem, right of nonresident of county where trial is had. 10-397. nonresident's right to mileage from resi- dence to place of trial. 7-163. Personal liability of attorney for fees and expenses of witnesses. 1917B-523. Public officer, right to witness fees. 19- 168. Taxation of fees, mileage, etc., as costs when witness subpoenaed but not called to testify. 6-1017. 4. Swearing Witnesses. Failure to swear witness, effect upon trial and verdict. 4r-1023; 6-57; 1912D- 572. Form of oath prescribed by law, failure to comply as affecting binding character of oath of witness. 5-723. 5. Competency. A. GENERALLY. Absent witness, admissibility of testimony in former proceeding. 1-471; 21-179. competency in criminal case of former testimony. 13-973; 1913C-464. Attorneys, competency and propriety as witness for client or adverse party. 13-31. WITNESSES Continued. presumption as arising from faillire to call attorney as witness. 1914A-919; 1918B-1134. trial of own case, competency and pro- priety of attorney as witness. 1913B- 711. Chinaman, competency as witness. 18- 563. Conviction of infamous crime in one jurisdiction as disqualification in an- other jurisdiction. 5-917; 19-381. municipal ordinance, conviction of vio- lation as conviction of crime disquali- fying witness. 1913A-327. proof of disqualifying of witness on ac- count of conviction of crime. 7-167. witness' admission of commission of crime without conviction as affecting competency. 7-168. Guardian or next friend as interested wit- ness in suit involving ward's estate or rights. 4-1068. Infants, competency as witnesses. 14-3; 1916C-424. Insane person, competency as witness. 1913E-323. Interested witnesses, who are. 4-984. Japanese, competency as witness. 18-981. Judge in case on trial before him, com- petency and propriety of his testify- ing as witness. 1913C-254. Juror on former trial, competency as wit- ness. 1916C-676. Private detective, competency as witness. 1917A-589. fieligious belief as affecting competency. 12-155. B. EXPERTS. Appointment of expert witnesses by court in criminal cases, validity of statute providing for. 1912B-691. Attorneys' services, qualification of expert a.s to value of services. 20-54; 1914D- 370. Building and working contracts, compe- tency of expert to testify as to whether construction work was prop- erly done. 1912D-903. Cross-examination of expert as to compe- tency before testifying. 7-583. Expectancy of life, competency of expert to testify to. 10-621. WITNESSES. 933 WITNESSES Continued. Information acquired by aid of microscope as affecting competency. 1916D-930. Nonexpert, competency to testify to hand- writing of mere correspondent. 8 1035. Qualification of witness to testify as ex- pert as resting in discretion of trial court. 1912D-817. Sobriety, competency of witness to testify that person is or was temperate or intemperate. 13-253. Value, mere ownership of personalty as qualifying witness to testify as to its value. 8-832. C. HUSBAND AND WIFE. Absence of valid marriage, competency of one alleged spouse as witness against other. 6-1021. Agency, competency of husband or wife as witness respecting transaction wherein witness acted as agent for spouse. 1915B-945. Bigamy, competency of husband or wife in prosecution for bigamy. 12-114; 1916C-1060. Codefendant, competency at common law of one spouse to testify for or against codefendant of other spouse. 4-17. Comment on failure of accused to call wife as witness, right of counsel. 17-421; 1913D-559. Common-law rules as to competency of husband and wife, against each other in criminal cases. 2-881. Crime against child of wife, competency of wife as witness against husband. 6- 187; 1916A-617. Criminal conversation, competency of hus- band or wife as witness in action. 1912D-1121; 1915B-713. Death of one spouse, effect on competency of other as witness. 1917D-216. Divorce as affecting competency of spouse as witness. 1912B-1200; 1918E-193. surviving party, competency in action to annul divorce decree. 5-893. Nonaccess of husband, admissibility of testimony of married woman to prove. 6-816; 15-764; 1917A-1031. Objection to wife testifying, compelling defendant in criminal case to object WITNESSES Continued. to spouse testifying as reversible error. 1915D-362. Removal of disability, right to compel one spouse to testify for or against other under statute removing disability of spouses as witnesses. 19-55. Testamentary capacity, competency of one spouse as to testamentary capacity of other. 1916A-1060. Trusts, competency of hus*band or wife as to resulting trust arising from hus- band's purchase in own name with wife's money. 1915D-628. D. PRIVILEGED COMMUNICATIONS. Generally. Attorney and client, attorney acting for several clients jointly, privileged char- acter of communications. 11-877. communication with attorney before em- ployment as privileged. 21-217. necessity that communication be in re- gard to subject matter of employment in order to be privileged. 4-531. privileged communications between at- torney and client. 1913 A-3; 1916E- 335. statement by prosecuting witness to prosecuting attorney as privileged. 1916E-1121. 'testamentary matters, communications between attorney and client as privi- leged. 14-601; 1912A-839; 1916C- 1073. Confidential communications, information communicated in contract, fiduciary or similar relation as privileged from dis- closure. 1916C-698. Husband and wife, conversation or state- ment by spouse in presence of third person, competency of other spouse to testify to. 1916B-602. declaration made by one spouse in prr sence of other, admissibility in cri> inal prosecution. 19-528. disability removed by statute, right to compel spouse to testify for or against other. 19-55. letters between husband and wife as admissible in evidence against writer. 3-915; 1912B-1001; 1915B-^27. writing intended to be seen only after death of writer, privileged nature of 934 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WITNESSES Continued. communication between husband and wife as extending to. 1915B-273. Ministers of gospel, privileged character of communications made to minister of gospel. 7-109; 19-644. Overheard privileged communication, right of person overhearing to testify to. 10-178; 1918A-441. Physician and patient, autopsies, rule of privileged communications as applica- ble. 1913C-689; 1916D-709. information acquired by physician re- specting patient before or after exist- ence of relation, right to testify to. 1916B-778. mental condition of testator, right of physician who attended testator be- fore his death, right to testify as to mental condition. 1912B-1039; 1918 A- 1050. necessity that information communi- cated to physician should be necessary for treatment. 15-582; 1916A-403. > patient's statements to physician relat- ing to history of case, admissibility of testimony of physician as to. 14- 449. records of hospital or other institution as within rule of privileged communi- cations between physician and patient. 1915D-151. statement by physician to patient as privileged communication. 21-369. victim of crime, right of defendant to object to testimony of physician with respect to. 1913E-884. * who is "physician" within statute re- lating to privileged communications. 1913A-56. Waiver of privilege, bringing action or introducing evidence concerning dis- ease or injury as waiver of privilege of communication to physician. 13- 945; 1915A-438. client's introduction of testimony as waiver of privilege between attorney end client. 20-1285. express stipulation in insurance contract as waiver of privileged communica- tion to physician. 10-57. 1 personal representative, heir or next of kin of party, right to waive privi- leged communication. 10-1118; 1913A-100. WITNESSES Continued. refusal or failure to waive privileged communication, as presumption against party. 8-792. testimony of client to transactions as waiver of privilege of communications between attorney and client. 1913A- 32; 1916D-1087. waiver of privileged communications at one trial, effect on right to claim priv- ilege at subsequent trial. 8-660; 15 935; 1916C-1012. E. TRANSACTIONS WITH PERSONS SINCE DECEASED. Action ex delicto as within rule excluding testimony of transactions with deced- ent. 1918B-98. Coparty of decedent's representative, com- petency to testify as to transactions with decedent. 17-216. Corporate officer, stockholder or agent of corporation, competency to testify as to transactions or communications with decedent. 9-181. Deposition taken before death as within statutory prohibition against admis- sion of evidence of transaction with decedent. 21-1265; 1917B-490. Evidence given at former trial concerning transaction with person since de- ceased, admissibility. 1917B-366. Handwriting, competency of witness under rule excluding testimony as to trans- actions with decedent to testify to handwriting of decedent. 12-671. Letter passing between interested witness and person since deceased, compe- tency to testify as to. 21-1216; 1916E-747. Partnership, competency of opposing party in action by or against surviving part- ner to testify to transaction with de- ceased partner. 1916B-568. Party to instrument, right to deny execu- tion by himself after death of other party. 17-398; 1918A-777. Person claiming property of decedent as widow, competency to testify to fact of marriage. 1912A-881. Physician's action against decedent's es- tate for services rendered deceased, competency of plaintiff as witness. 8-147. .WITNESSES. 935 WITNESSES Continued. Third person's transactions with decedent in presence of witness, rule as to in- competency of witness as applicable. 1913E-795. Waiver, cross-examination of witness as waiver of right to exclude testimony relating to transaction with decedent. 1918D-202. incompetency of witness to testify to transactions with decedent, waiver by personal representative. 1913A-682; 1918A-471. Wills, statute prohibiting witness testify- ing to transactions with decedent as applicable to proceeding to probate or contest will. 1914A-982. Witnessing execution of deed, will or other instrument as within rule excluding testimony of transaction with deced- ent. 1913A-939. P. PARTICULAR FACTS. Acknowledgments, competency of parties and officers as to testifying on im- peachment of acknowledgment. 7 50; 1917A-372. Age of another person, competency of wit- ness to testify to. 1918A-262. own age, competency of witness to tes- tify. 16-592; 1918B-427. Documents, competency of testimony as to contents where witness' knowledge i8 based merely on hearing it read. 1912D-790; 1916C-1182. Knowledge of another person, competency of witness to testify to. 21-1074; 1918A-947. Market value of land, competency of wit- ness to testify to. 1914A-882. Parentage, competency of person to tes- tify as to own parentage. 1913C-314. Rape, competency to testify of prosecu- trix who was mentally incapable of giving consent. 9-1218. Speed, competency of nonexpert witness to testify as to speed of railroad train or street-car. 1913A-187. Temperance of another, competency of witness to testify that person is or was temperate or intemperate. 13- 253. Talue of personalty, mere ownership as qualifying witness to testify to its value. 8-832. WITNESSES Continued. Writing, competency of witness to testify aa to age of writing. 1915D-34. 6. Examination. A. MODE OP EXAMINATION. Court's right to examine witnesses. 6177. Deaf-mutes, mode of taking testimony. 9-88. Experts, abstract questions, competency in examination of expert witness. 20- 207. handwriting witness, testing by use of other writing. 1917B-1060. hypothetical question, necessity that it contain all evidence on point in issue. 18-646. necessity of expert's stating facts upon which his opinion is based." 20-883. scientific books, use in connection with, examination. 16-818; 1916E-356. Failure of party to testify in civil action, comment by attorney thereon. 16- 309. Improper answer by witness to proper question as reversible error. 15-1090. Interpreters, competency as affected by re- lationship to party. 1913D-286. proper method of conducting examina- tion through interpreter. 1912B-726. Leading questions, permitting as matter within discretion of trial court. 17- 840. Refreshing memory, inspection of memo- randum or paper used by witness to refresh memory, right of opposite party. 9-560. published statement or report made by witness instead of original memoran- dum, right to use. 1913B-582. recollection of past transactions as aided by written memoranda. 8-210. B. CROSS-EXAMINATION. Bloodhound evidence, cross-examination respecting. 8-110. Expert witness, right to cross-examine as to competency before he testifies. 7 583. Interpreter, cross-examination of. 1913B- 24. Hostility or ill will of witness, extent to which cross-examination is permis- sible. 19HB-537. 936 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WITNESSES Continued. Limiting cross-examination to scope of direct examination. 17-4. Witness unable by illness or otherwise to be cross-examined, reception of testi- mony as reversible error. 16-364. C. PEIVILEGE OF WITNESS. Civil liability, privilege to refuse to tes- tify on ground that testimony will subject him to civil action, or be against his interests. 1912A-386. Corporations, privilege against self-crimi- nation as extending to corporation. 1916A-380. Decision of question of privilege, witness or court as proper one to decide whether answer to question asked will tend- to degrade or incriminate wit- ness. 5^1; 11-1079; 12-661. Discovery, refusal on ground that it will tend to convict defendant of conspi- racy. 5-739. Immunity granted witness testifying in proceeding under federal Anti-trust Act, extent of. 1914C-131. necessity that witness claim exemption in order to be entitled to immunity from subsequent prosecution. 1915B- 399. Production of documents, books of private corporation, power of court to compel production by person whom they may incriminate. 1912D-569. compelling attorney to produce books or papers belonging to client, right of. 1916A-64. privilege of witness who is not legal custodian to refuse to produce docu- ments. 13-1180. Eaising question of privilege, right of person against whom witness is called to object on ground it may incrimi- nate witness. 1913C-1389. Statutes abridging constitutional privilege of witness. 2-177; 4-692; 17-128. Utterances made before or after testify- ing, privilege of witness as to. 3-127. Voters, right to compel illegal voter to give testimony as to how he voted in. election. 1912A-728. Waiver of privilege against self-incrimi- nation as extending to subsequent trial or proceeding. 1916C-1012'. WITNESSES Continued. Eights of Accused. Confrontation of witnesses, rights of ac- cused. 1918A-243. Demand on accused in presence of jury to produce incriminating evidence as violation of constitutional privilege. 1912D-261; 1918B-512. Depositions in criminal cases, taking as affecting privilege against self-crimi- nation. 1916A-1078. Dismissal of information based on self- criminating evidence, right of accused. 1914C-418. Failure of accused to testify, comment by prosecutor. 3-164; 20-1273; 1917D- 277. instruction as to failure of accused to testify. 3-909; 10-950. Information which led to prosecution, right of defendant in criminal case to know who gave. 21456. State's witnesses, right of accused to be furnished with names. 1914R-902'. Waiver of constitutional privilege by ac- cused testifying in own behalf. 2- 247; 11-822. 7. Credibility, Impeachment and Cor- roboration. 'A. CREDIBILITY. Amnesia caused by personal injuries. 15- 1149. Disobedience by witness of order exclud- ing from courtroom as affecting his credibility. 9-371. False testimony, necessity that instruction if jury believe witness has testified falsely in one particular they may dis- regard all his testimony should in- clude proviso that false testimony must have been knowingly and wil- fully given. 8-450; 1912D-1351. propriety of instruction that if jury do not believe testimony of witness they must deem him guilty of perjury. 1912D-279. Reasons for remembering particular oc- currence, right of witness to give. 1913D-242. WOMAN SUFFRAGE WOMEN. 937 WITNESSES Continued. B. IMPEACHMENT. Adverse party as witness, right of party calling him to impeach or discredit testimony. 6-711; 13-737. Collateral and immaterial testimony given on direct examination, right to im- peach credibility of witness by coa- tradicting. 6-715. Confession, admissibility of improper or involuntary confession to impeach de- fendant in criminal case. 17-872. Conviction of crime, conviction of viola- tion of municipal ordinance as convic- tion of crime disqualifying witness. 1913A-327. method of proving in order to impeach defendant in criminal case as witness. 13-643; 1914C-256. what constitutes "crime" for conviction of which witness may be impeached. 1916A-274, 279. Disbarment or suspension, admissibility to discredit witness. 1916B-487. Drug or liquor habit, proof to discredit witness. 1918A-639. Impeaching one's own witness. 1914B- 1120. Indictment, impeaching witness by show- ing that he has been indicted. 16-872. Intoxication, impeachment of witness by showing intoxication at time of events concerning which he testifies. 16 368. Laying foundation, necessity before dis- crediting witness by showing bias. 20-224. Opinions, former mere expression of opin- ion, whether may be shown to dis- credit witness. 1914B-112. Prior inconsistent statement of witness as evidence of facts asserted. 21-1238. Prior testimony, contradictory statements on former trial, proof by person who heard testimony. 1913B-97. evidence given by witness before cor- oner's jury, admissibility to impeach him. 16-688. Privilege previously claimed in criminal case, admissibility of evidence in civil case for purpose of impeaching wit- ness. 1917E-879. WITNESSES Continued. Reputation of witness at former residence, admissibility to impeach his testi- mony. 12-395. Signed statement of which signature is admitted but contents are wholly or in part denied, impeachment of wit- ness by introduction thereof. 20-390. C. CORBOBORATION. Bias shown by testimony, admissibility of evidence in rebuttal. 14-232. Prior consistent statements of witness, ad- missibility where he has not been im- peached. 1915D-338. prior inconsistent statements in evi- dence, admissibility thereafter of prior consistent statements. 8-477; 1915A-512. Eeputation at former residence, admis- sibility to impeach or sustain his tes- timony. 12-395. 8. Limiting Number of Witnesses. Limiting number as to certain fact or issue, power of court. 8-828; 17-780; 1916B-771. Eestriction of number of witnesses, in arbitration proceedings. 8-511. WOMAN SUFFRAGE. Gift for furtherance of cause as valid charitable gift. 1914A-1220. Municipal authorization of woman suffrage, validity. 1918C-906. ^Registration as voters, effect of exclusion of women from franchise in general elections. 1913B-25. Validity of statute giving women right to "vote. 1915A-802. WOMEN. Abortion, woman as accomplice to abor- tion upon herself. 12-1009; 1916C- 629. Citizenship, loss by marriage to alien. 1915B-265; 1916E-648. Elector, right to vote at municipal elec- tions, etc., as constituting woman "elector." 1912C-974. 938 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WOMEN Continued. Freeholders, when women occupy status. 1913D-330. Girl, female child, spinster, etc., as in- cluded in term "woman." 10-958. Imprisonment of woman for contempt as violative of prohibitive constitutional or statutory provisions. 8-56. Injuries peculiar to women, excessiveness or inadequacy of verdict. 16-44; 1913A-1379; 1916B-442. Labor laws, constitutionality of statutes limiting length of day's labor. 1-82; 9-208; 11-90; 13-959; 1912D-393; 1914D-1263. employment of adult females in other respects than number of hours of labor, validity of statute regulating. 12-799; 1914D-533; 1916D-1065. hours of labor, validity of statute regu- lating. 1914D-1S65; 19181^1001. minimum wage law, validity with re- spect to women. 1916A-225; 1918D- 465. Libel or slander by words holding women up to ridicule. 1914A-1127. Notary public, acknowledgment before woman notary, validity in foreign ju- risdiction. 1914C-204. right of woman to be notary public. 6-285; 1917D-534. Public office, eligibility of woman. 21- 403; 1913C-1162. Eape, capacity of woman to commit. 1913D-862. "Eequire," legal meaning in statute relat- ing to protection of women employed about machinery. 1912A-1238. Seduction, right of woman to recover damages for her own seduction. 8- 1115. Teachers, marriage as ground for removal of woman teacher. 1917B-421. Wills, birth of issue as revocation. 1913D-1327. subsequent marriage as revocation of will. 1913A-218. WOODLANDS. Changing arable land or pasture into woodland or vice versa as waste. 1918D-543, 552. WORD. Opinion of witness with respect to mean- ing and effect of word as admissible in evidence in action for libel or slander. 18-833. Peculiar signification of word in locality where instrument was executed, ad- missibility of evidence. 1916C 655. Repetition of word in will as affecting construction. 1914B-64. Statutes, changing, supplying and elimin- ating words to correct obvious error. 1-752. WORDS AND PHRASES. "Abode," meaning of term. 1912C-283. "Abode," as synonymous with domicile. 1915C-784. "About," as applied to quantity. 1918D- 693. "About," when used with reference to time. 17-742. "Absent," "absence," as applied to public officer. 1912C-351. "Absent from state." 1912D-471. "Absolute," as applied to duty or liabil- ity. 1916B-296. "Accident," as comprehending disease. 2- 140; 15-886; 1913A-1121. "Accident" in lease. 1913A-1101. "Accidental means," meaning within acci- dent policy. 1-789. "Accident arising out of and in course of employment." 1913C-4; 1914B-498; 1916B-1293; 1918B-768. "Accidental means," as used in accident insurance policy as including inten- tional exertion. 1-789. "Account stated." 1915A-694. "Action for fraud" within meaning of Bankruptcy Act. 20-309. "Act of God," as applied to cold weather injuring livestock. 1912C-922. "Additions," meaning in fire insurance policies. 8-94; 10-938. "Adjacent." 1913B-168. "Adjoining." 1913D-844. "Adjournment" as applied to public body. 1915B-773. WORDS AND PHRASES. 939 WORDS AND PHRASES Continued. "Adjudge" or "adjudged" as synonymous with "deem" or "deemed." 16-480. "Advances," as applied to payments on consigned goods. 6-311. "Adverse parties," as applied to appeals. 21-1277. "After the fire" as term referring to time for institution of suit on insurance policy. 10-824. "Agent," as including guardian. 1913B- 85. "Agent," as applied to service of process on foreign corporation. 19-200. "Aliens" as applied in Immigration Act. 1917C-239. "Aliquot" as meaning "particular frac- tion of the whole." 2-669. "All," as applied to minerals. 1917E-70. "All," as used in prohibitory or regu- latory statute. 1917E-39. "All," as used in will in connection with "rest," "residue" or "remainder." 1917E-75. "All damages." 1917E-8. "All elections," meaning under constitu- tional provision. 7-666. "Alleys." 15-968. "All matters." 1917E-S7. "All property," as applied in statute, or instrument other than will. 1917E- 58. "All revenue," legal meaning. 1918B-206. "Alteration," as applied to leased build- ing. 1915C-1008. "Amusements," within prohibition of Sunday laws. 21-681. "And" construed as "or." 19-922; 1913A- 1058; 1915C-182; 1917C-306. "And due," legal meaning. 1918E-785. "Animal," meaning of word. 1915A-1242. "Any," legal meaning. 1916E-2, 101, 105, 107, 111. "Any communication," meaning within statute excluding husband or wife as witness. 1918E-194. "Any election," meaning under constitu- tional provisions. 7-666. "Any kind," legal meaning. 1916E-46. WORDS AND PHRASES Continued. "Any other," legal meaning. 1916E-55, 111. "Any part," legal meaning. 1916E-66. "Any party," legal meaning. 1916E-68. "Any person," legal meaning. 1916E-69. "Anything," legal meaning. 1915A-29. "Any time," legal meaning. 1916E-90. "Apartment house," legal meaning. 1917A-256. "Apparatus." 1912C-609; 1918E-1081. "Appliance," meaning as used in law of master and servant. 19-151. "Appropriation" of public money within constitutional provision relating thereto. 1915A-1240. "Appurtenance," as applied to property in building. 1916A-254. "Appurtenances" of vessels. 5-652. "Arising out of and in the course of the employment." 1913C-4. "Arms," as applying to weapons. 156. "Arrival," meaning under Wilson Act as to bringing liquors into state. 7- 1132. "Assign," "assignee." 1913B-734. "Assistant." 1912A-1270. "At." 1912B-1070, 1080. "At an interval." 1912B-1080. "At end," as applied to signature to will. 2-730; 11-1013; 1913C-845. "At his death." 1912B-1080. "At large." 1912B-1081. "At once," as applied to accident insur- ance. 1914D-382. "At or before." 1912B-1077. "At or near." 1912B-1076. "At or upon." 1912B-1077. "At the date." 1912B-1077. "At the end." 1912B-1079. "At the expiration." 1912B-1079. "At the same time and place." 1912B- 1079. "At the time." 1912B-1078. "At the trial." 1912B-1080. 940 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORDS AND PHRASES Continued. "Attestation," when used with reference to will as including "subscription." 16-1091. "Automobile." 16-608. "Average weekly earnings" in Work- men's Compensation Act. 1913D-1024; 1914C-186; 1916B-519; 1916C-892; 1918B-640. "Baggage," as applied to passengers. 21- 729; 1915C-1050. "Balance due," legal meaning. 1918E-785. "Bankable," as applied to written instru- ments. 1913C-1255. "Barn," as applied under arson statutes. 1916B-145. "Become due," legal meaning. 1918E-786. "Believe" or "believed," as synonymous with "deem" or "deemed." 16-482. "Being constructed or repaired." 18-624. "Belonging to," as including leased prop- erty under tax exemption statutes. 2-810. "Benevolent," as synonymous with "char- itable." 7-39. "Billiard-table," as including pool-table. 11-67; 1913D-1052. "Bills for raising revenue." 1918B-209. "Blacklisting." 1-474. "Blood relations" and "blood relation- ship" in wills. 5-511. "Boarder," as distinguished from "guest." 14-326. "Boarding-house keeper." 1914D-839. "Board of revenue." 1918B-220. "Book," as including classified copies of deeds not bound in book form. 7 356. "Bookmaking," as applied to gambling contracts. 17-1084. "Boycotting." 1-174. "Broker" distinguished from factor. 1913C-1018. "Brother" as including half-brother. 9- 140. "Building," as including unfinished structure. 1915D-1156. "Building," as applied to lienable structures. 191SB-7. WORDS AND PHRASES Continued. "Burning of building," as applied to acci- dent insurance. 1913A-554. "By virtue of employment or ofiice," meaning in. embezzlement statute. 15- 443. "Candidates for public office." 12-109. "Car," vehicles included under term. 1914D-45. "Carriage," as including bicycles and motor vehicles. 1-550; 1913B-755. "Carrying on business," meaning as used in statutes. 18-32. "Case," as applied to legal actions and proceedings. 21-667. "Cash," bequest in will as including real property. 20-1288. "Casualty," as applied to destruction of leased premises. 1913A-1101. "Causes," as applied to act of depositing obscene matter in mails. 7-256. "Ceased to be operated," meaning in fire insurance policy. 10-800. "Center of the road." 5-148. "Child," as including illegitimate child. 1918B-249. "Child" in statute as including adopted child. 15-92; 1915B-786. "Child" or "children" in statute as in- cluding grandchild or grandchildren. 1918E-1004. "Children," as including child en veutre sa mere. 7-134; 12-200; 1916E-1034. "Children," as applied to life insurance beneficiaries. 15-529; 1913A-300. "Children" in will, as including adopted child. 18-518. "Church," as applied in liquor laws. 9- 1113; 1914D-774. "Cigarettes," 14-934. "Circular," as applied to printed matter. 1912-C-1034. "Citizen," as including corporation, joint- stock company or partnership. 1917C- 875. "Citizenship," as synonymous with dom- icile. 1915C-784. "City," as including town or village. 1914B-215. WORDS AND PHRASES. 941 WORDS AND PHRASES Continued. "Claim," as applied to decedent's estate. 20-855. "Claim," as applied to public corporations. 19-1113; 20-1121. "Claim," within federal statute against assignment. 20-1119. "Claims due," legal meaning. 1918E-787. "Cohabit," "cohabitation." 19-656. "Collision" in insurance policy. 1914B- 848. "Colored" as applied to persons. 1912D- 457. "Commercial" railroads distinuished from street railways. 4-449; 1913C-579. "Commodity," legal meaning. 1916D-986. "Common gambler." 1913A-773. "Common law." 1913E-1222. "Communication" as applied in statute ex- cluding testimony of husband or wife. 1918E-194. "Company," as importing corporation. 1912A-969. "Competent." 1914B-8. "Competing," as applied to railroad lines. 1913A-638. "Complete," "completed," as applied to railroads. 1916D-1232. "Concurrent," as applied to jurisdiction of adjoining states. 16-1115. "Concurrent insurance." 5-755. "Conditional sale" distinguished from "bailment" or "lease." 12-879. "Condonation," as related to divorce. 1912C-3; 1918A-652. "Confidence game." 1912A-758. "Confined to house," as applied to acci- dent or health insurance. 18-1111; 1915A-262; 1918C-531. "Construction," within mechanic's lien law. 1912B-6. "Contents" as applied in connection with property devised or bequeathed by will. 1916C-1139. "Contiguous." 2-686; 1918E-798. "Contraband of war" as including persons. 15-241. "Contract of insurance." 1912D-1027. WORDS AND PHRASES Continued. "Conveyance," as including lease. 1913D- 999. "Convicted," "conviction," legal meaning. 1915B-283. "Conviction," as applied to person denied right to vote. 15-103. "Corporation," as including foreign corpo- ration. 13-814; 1915D-569. "Corporation," as including municipal cor- poration. 1913B-745. "Countersign." 1913D-316. "Court," term as meaning judge. 1913E- 388. "Credible," as applied to witness to will. 18-1091. "Creditor," as applied to decedent's es- tate. 1915A-55. "Creditor," as applied to receivership pro- ceedings for insolvent corporation. 1912A-901. "Crime," as applied to interstate extra- dition. 1912C-1298. "Cruel and unusual punishment." 19-725. '"Daily" newspaper. 16-421. "Damage by elements," as applied in con- tract. 1917B-296. "Damaged," as applied to leased prem- ises. 1913A-1100. "Day," as measure of time. 6-717. "Days," as applied to filing of nomination certificates. 1914A-1135. "Deadly weapon." 1912A-1328; 1916E- 308. "Deal," "dealer." 1917A-950, 965, 967. "Debt," as applied to municipal debt limit. 17-1243. "Debt due," legal meaning. 1918E-788. "Debt due in same right," legal meaning. 1918E-789. "Debts" of corporation for which di- rectors are liable. 12-807; 1914B-152. "Deem" or "deemed." 16-480. "Define," "defined," "defining." 1914B-98. "Delivered." 1912D-349. "Demand," in statute relating to present- ment of claims against municipality. 19-1113. 942 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORDS AND PHRASES Continued. "Dependent," within statute for wrongful death. 1912B-733. "Dependent" within Workmen's Compensa- tion Act. 1913E-480; 1918B-749. "Dependent," as used to designate benefi- ciary in insurance. 7-358; 17-867. "Depot," legal meaning. 1917A-1283. "Deputy." 1912A-1271. "Derelict." 17-939. "Desire,", as used in will. 1917B-503, 518. "Destroyed," as applied to leased prem- ises. 1913A-1100. "Destruction," as applied to leased prem- ises. 1913A-1100. "Destructive thing." 1915A-32. "Dictum," as applied to opinions of courts. 1912C-1248. "Direct tax." 1912B-1328. "Disease," as meaning other than tempor- ary derangement. 5-88. "Disposed," meaning as applied to fraud- ulent sale or conveyance of property. 5-618. "Dissatisfaction," meaning as applied to court's view of "verdict contrary to evidence." 2-762. "Dividends." 20-691. "Dockage." 13-384. "Doing business" within state by foreign corporation. 2-307; 8-942; 11-320; 1912A-553; 1913E-1154. "Domestic purposes." 1912B-619; 1914D- 561. "Domicile." 1915C-783. "Double track," as applied to railroad. 19181^-243. "Drunkenness." 1913IM103. "Due," legal meaning. 1918E-756. "Due and owing," legal meaning. 1918E- 782. "Due and payable," legal meaning. 1918E- 784. "Due date," legal meaning. 1918E-785. "Due in full," legal meaning. 1918E-785. "Dwelling-house," within law of arson as comprehending unfinished building. 15-547. WORDS AND PHRASES Continued. "Dwelling-house," as used in restrictive covenants. 1912D-477. "Each," as applied in will. 1914D-247. "Effects," use in wills as including real property. 7-128. "Ejusdem generis," meaning of term as used in Workmen's Compensation Act. 1917D-7. "Election," as including primary election. 1918E-79. "Election by ballot." 6-969. "Electors," as applied to women. 1912C- 974. "Employed," meaning in child labor acts. 9-1109. "E'mployment" distinguished from "office." 17-451. "End" of will with respect to signature of testator. 2-730; 11-1013; 1913C- 845. "Engaged chiefly in farming," meaning within bankruptcy law. 16-511. "Equip," "equipment." 1913B-198. "Erection," within mechanic's lien law. 1912B-6. "Erection, repairing, altering or paint- ing." 18-623; 1913B-1136. "Escrow." 1916B-1030. "Estate" in will as meaning personalty. 3^20. "Estimate," "estimated." 1913B-850. "Estimated revenue," legal meaning. 1918B-206. "Estray." 9-284; 1912B-1081. "Etc.," legal meaning. 1912C-172. "Everything," legal meaning. 1915A-28. "Exhibitions." 21-681. "Expenses," as including attorney's fees. 1914C-1300. "Explosion," meaning in insurance pol- icies. 5-781. "Exposure," as applied in fire or marine insurance. 1913C-73. "Expressio unius est exclusio alterius," meaning of maxim as used in Work- men's Compensation Act. 1917D-8. WORDS AND PHRASES. 943 WORDS AND PHRASES Continued. "Extrahazardous," as applied under Work- men's Compensation Act. 1917D-10. "Extra work," meaning under building contract. 7-214. "Facility of payment," construction of clause in industrial insurance policy. 1918B-1193. "Family," as applied in insurance policy or benefit certificate. 7-684; 11-570; 1917C-695. "Family," as applied in Interstate Com- merce Act to railroad employees and families. 1916B-326. "Family" as including grandchild. 1913B 460. "Family expenses." 1917C-575. "Fare," as applied to passenger traffic. 21-91. "Farming." 1915C-102. "Father," as including stepfather. 191 7B- 1118. "Felonious," use of word in information or indictment for adultery. 1912A- 263. "Fiduciary capacity," as applied in Bank- ruptcy Act. 1915A-1295. "Filing" of document by delivery to offi- cer when not at office. 18250. "Final submission" precluding dismissal. 4-510. "Fine." 18-883. "Fireproof." 1913B-50. "Food," as applied to articles of con- sumption. 1913E^1292. "For," as applied to number of days for publication of notice. 1912B-1275. "Forfeiture." 18-886. "Fortuitous event." 1913A-1102. "Franchise," meaning of corporate fran- chise. 7-518. "Freeholder." 1913D-327. "Freight due," legal meaning. 1918E-789. "From," as word of inclusion or exclu- sion. 15-27; 1918A-924. "From the person," meaning as applied to robbery. 8-127. "Furnish," "furnished," "'furnishing." 1913A-1232. WORDS AND PHRASES Continued. "Fugitive from justice," within purview of state extradition laws. 7-1076; 13-907. "Game," meaning under fish and game laws. 20-621. "General revenue," legal meaning. 1918B- 207. "Gift to class." 21-415. "Goods, wares and merchandise" within Sales in Bulk Acts. 5-800. "Goods, wares, merchandise," etc., within purview of statute prohibiting sales on Sunday. 13-856. "Graft." 19-1079. "Gross earnings," as applied to railroads. 16-429. "Gross negligence," as used in fire insur- ance policies. 6-589. "Grow due," legal meaning. 1918E-789. "Grubstake contracts." 10-100. "Guest" distinguished from "boarder" at .hotel or inn. 14-326. "Guest," meaning as applied to liquor sales by hotel on Sunday. 17-817. "Gunpowder," as including fireworks in insurance policy. 1913B-811. "Half," legal meaning of term. 1913E- 1013. "Hawker," within licensing laws. 1912D- 1289. "Hazardous," as applied under Workmen's Compensation Act. 1917D-10, 42. "Heirs," as construed to mean children. 1914B-70. "Heirs" as used to designate beneficiary in insurance. 5-458. "Heirs at law," "heirs," or the like in will as including widow. 1915D-1178. "Highway," as comprehending turnpike or toll road. 17-804. "Home," as synonymous with "domicile." 1915C-784. "Hotel," meaning with respect to liquor regulation. 1913B-1030. "Hotel," "inn," and "tavern" as synony- mous. 1914B-874. "Hotol," within statute permitting sale of liquor on Sunday in hotel. 17-818. 944 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORDS AND PHRASES Continued. "House," as including land. 1914B-1239. "Humbug." 1913B-256. "If," meaning 1913R-730. in construction of will. "Immediate," as applied to dying declara- tions. 17-287. meaning reasonable ''Immediate," as time. 11-259. "Immediate," "immediately," as applied to accident insurance. 1914D-380; 1917D-854. ''Implement," vehicle as implement within exemption statute. 1917D-96. "Improvement," within mechanic's lien laws. 1912B-8. "Improvement," as applicable to cultiva- tion of land. 17-406. "Inch," as applied to water measurement. 1&16B-1230. "Including." 1912D-637. "Income" as distinguished from profits. 20-690. "Income," as applied to income 1913C-985. taxes. "Income," as meaning net or gross in- come. 1915B-1129. "Incompetency." 1912C-96. "Indebtedness," as applied to municipal debt limit. 17-1243. "Independent contractor." 19-3; 1913B- 573; 1918C-627. ''Inevitable accident," as applied to de- struction of leased premises. 1913A- 1101. "Inhabitancy," as synonymous with domi- cile. 1915C-784. "Inherit," "inherited." 1917C-386. "Injury," as applied in Workmen's Com- 'pensation Act. 1915C-921; 1918B- 362. "In or upon," "in or on," as applied to passenger conveyances. 1913A-842. "Insolvent," as applied to banks. 1916C- 85. "Instantaneous," as applied to death from injury. 1915C-616. "Instrument," vehicle as instrument within exemption statute. 1917D-96. WORDS AND PHRASES Continued. "Insurance company." 1912D-1026. "Insurance" in lessee's covenant as synonymous with "fire insurance." 1918E-299. "Intentionally," as equivalent to "know- ingly and wilfully." 8^151. "Interest," as disqualifying judge. 6-406. "Interest," as applied to transfer of prpp- erty right. 1912B-524; 1918B-85L "Internal affairs," as applied to foreign corporations. 19-86. "Intoxicated" as applied in accident in- surance policy. 13-516. "Intoxication." 1913E-1103. "Inventory." 1913C-1224. "Invoice value," "invoice cost." 1918E- 541. "Issue," as including adopted child. 1912A-326. "Issue" and "lawful issue" as regards il- legitimates. 5-936. "Issued," as applied to life insurance pol- icy. 1914B-906. 'Joint trespassers," as libelants. 1-875. including joint "Judge," as including justice of peace. 1918D-990. Judicial notice, construction of statute re- quiring courts to take notice as to meaning. 1914D-548. "Justly due," legal meaning. 1918E-789. "Keep and produce," as applied to books under iron-safe clause of insurance policy. 1918E-392. "Keeping," as applied to prohibited arti- cles in fire insurance policy. 13-540; 19-414; 1914B-133. "Kill," "killed," "killing." 20-100. "Knowingly." 1912A-429. "Knowingly," as used in federal twenty- eight hour law. 21-825. "Knowledge," as applied to owner of premises under gaming statute. 1918E-142. "Known to exist." 15-629. "Labor," within prohibition of Sunday law. 1913D-797. WORDS AND PHRASES. 945 WORDS AND PHRASES Continued. "Laborer," as applied in lien laws. 1913B-138. "Land." 20-1089. "Last sickness," as applied to nuncupative wills. 3-317. "Law," ordinance as included in term. 19179-687. "Lawful heirs," as used in will. 1917C ' 1156. "Lawful issue." 5-936. "Legally due," legal meaning. 1918E-790. "Legal representatives" as applied to in- surance beneficiaries. 21-1271. "Legitimate purpose," as applied to sale of poison. 20-495. "Letter of credit." 1912C-75. "Liberty," constitutional guaranty as ap- plied to right to picket. 1918E-61. "Liquidated damages." 1912C-1023. "Living together" in fornication or adul- tery. 19-655. "Living together," as applied in Work- men's Compensation Act. 1915B-880. "Local improvement." 20-339; 1914B- 542. "Local" statutes. 4-659. "Locate," "located," as applied to rail- roads. 1912C-1309. "Loss," as applied to limb or member under accident insurance. 1917B- 1008. "Loss," as applied to vessel under statute terminating seamen's wages. 6-68; 1916D-688. "Lottery," what constitutes. 1-91. "Lowest responsible bidder." 1913A-500. "Lying in wait," as applied in murder statute. 1916C-969. "Machinery." 1918E-202. "Main track," as applied to railroad. 1918E-242. "Malice," as used in Bankruptcy Act. 3- 169; 5-771. "Malice," as element of malicious prose- cution. 21-756. "Malicious," as used in Bankruptcy Act. 3-169; o-771. Index to Notes 60 WORDS AND PHRASES Continued. "Malicious," as used in statutes denning malicious mischief. 1-494; 16-336. "Man," as including minor boy. 1912A- 233. "Manufacturer," as including gas com- pany or electric light anl power com- pany. 7-726; 19-668; 1913C-718. "Manufacturer" distinguished from dealer. 21-78. "Manufacturing establishment," in statute regulating hours of labor. 1918D-685. "Manufacturing establishment" within tax exemption statute. 1915B-223. "Margin," as applied to stock exchange transactions. 1915B-907. "Market value," as not meaning purchase price. 5-220. "Martial law." 1914C-23. "Materials" under mechanics' lien laws. 5-446; 9-309. "May" and "shall" occurring in same statute. 4-420. "Meal," as applied to service of liquor on Sunday. 17-818. "Meantime." 1913E-1049. "Medicine," within English Pharmacy Act. 20-494. "Meeting for divine worship." 19-448. "Merchandise," as including vessels. 11- 681. "Milk," what is. 1912B-388. "Mineral." 1912A-1303. "Mines and minerals" in reservation as including open quarry. 2-639. "Ministerial act." 3-392. "Mob." 11-185. "Money" in will as including real prop- erty. 20-1288. "Money" as comprehending bank notes. 4-630. "Money due," legal meaning. 1918E-790. "Moneyed corporation." 20-136. "Monopoly," as applied to restraint of trade. 1912D-765. "Monument." as used in will directing erection. 19-1158. 946 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORDS AND PHRASES Continued. WORDS AND PHRASES Continued. "More or less," as applied in deed of "Nearest relative in male line," meaning in . realty. 12-297; 1917D-155. will. 1915A-475. "More or less" in personal property con- "Necessarily traveled," "necessary travel," tracts 12-294 as applied to mileage allowance. 1918D-934. "Mother," as including stepmother. 1914B- "Necessary," as used in will. 1918D-1162. "Necessary," as used in exemption statutes. "Motor vehicle." 16-608. 1918D-173. "Municipal buildings," as including public "Necessary," as applied to easement, library. 1918E-122. 1918D-931. "Murder," as including manslaughter. "Necessary expense." 1918D-921. 1913C-929. "Negotiable." 1912D-4. "Mutilate," as epplied to written or "Negro." 20-1307. printed instruments and coins. 1-25. Nepnew/ > as i "Mutual accounts." 1913D-S16. 1913E-589. "My will," usd by testator in will as not " Net profits." 20-655. including codicil. 8-429. "Newspaper." 16-417; 1913D-879. "Natural heirs." 1917A-1159 " Next election '" etc -> as applied to provi- sions fixing term of public office. 10- "Near." 1913D-117. 1140. "Near dwelling." 1913D-124. "Niece," as including grandniece. 1913E- "Nearest and lawful heir," meaning in will. 1915A-475. "Nonresident of state," within meaning of "Nearest blood kin," meaning in will. fj^ 6 f ^tetions. 1-10; 1912D- 1915A-476. by> "Nearest blood kin," meaning in deed. "^^''^1^ ^ effe6t 3S "^ 1915D-725. xr * 1,1 j i A- "Not having" as same legal effect as "Nearest blood relation," meaning in will. w 0n +>> _7Qi 1915A-476. "Nearest family," meaning in will. 1915A- " Nothin g ^e," legal meaning. 1918E-791. 476. "Notice," meaning as applied to informa- nt i v i, tion of obscene matter. 7-255. "Nearest heir," meaning in will. 1915A- 474. "Now are," as applied to time in lessee's < "Stable." 1912B-453. "Stage of the proceedings." 14-969. "Standing or walking on railroad" as ap- plied to accident policy. 1247. "Still due," legal meaning. 1918E-791. "Stock dividends." 9-290. "Storage tracks." 191SE-234. 'Store," legal meaning. 1913E-1125. 950 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORDS AND PHRASES Continued. "Storing" as applied to prohibited articles within fire insurance policy. 13-540; 19-414; 1913B-133. "Stranger," legal meaning. 1912D-1189. "Street railways" distinguished from com- mercial railroads. 4-449; 1913C-579. "Structure." 18-622; 1913B-1135. "Subcontractor," as applied in mechanic's lien law. 1917C-802. "Subscription," as applied to witnesses of wills. 16-1091. "Sum due," legal meaning. 1918E-792. "Sunstroke," in accident insurance. 10- 854. "Surface," as applied to conveyance or devise of land. 1913D-127. "Survivor" in wills, as meaning "other." 4-581. "Sweating," as applied to extortion of con- fessions. 1915C-135. WORDS AND PHRASES Continued. "Threatening letter" within statute prohib iting sending thereof. 1912B-457. "'Switching," as applied charges. 1914B-366. to railroad "Taken or damaged," as applied to dam- aging property under constitutional provisions. 10-850. "Taxes," as including local assessments. 12-589. "Taxes" in lease as including water rents. 8-111. "Taxes due," legal meaning. 1918E-792. "Taxpayer," legal meaning. 1914C-1057. "Team track." 1918E-234. "Tenantable," meaning in lease. 1913A- 1101. "Tenor," legal meaning. 1914B-660. "Tent," legal meaning. 1918B-138. "Terminal company." 1915D-1247. "Then," as applied in construction of wilL 1913B-321. "Thing," legal meaning. 1915A-25. "Thing adjudged." 1915A-32. "Thing duly done." 1915A-32. "Thing of value," legal meaning. 1915A- 30. "Thing patented:" 1915A-32. "Things in action." 1915A-31. "Tide-lands," es within lands." 1-185. term "public "Timber." 19-1051. "To" in computation of time. 2-518. "Tool," vehicle as tool within exemption statute. 1917D-96. "To sell," as applied to authority of real estate broker. 8-851. "Total destruction." 1913A-1100. "Total disability," as applied under Work- men's Compensation Act. 1915B-1000. "Total disability," as applied to accident insurance. 7-815; 21-1031; 1918C- 113. "Town." 1914B=215; 1914D-230. "Track," as applied to railroad. 1S18E- 233. "Trade," as applied to occupations. 1916A-1198. "Trade," as applied to restraint of trade. 1912D-767. "Trading votes" as misconduct in office. 1915A-1148. "Train," as applied in federal Safety Ap- pliance Act. 1915C-671. "Transacting judicial business." 1-280. "Traveled part" with reference to high- ways. 5-148. "Traveler," meaning as applied to liquor sales by hotel on Sunday. 17-817. "Traveler" within exception in statut* against carrying concealed weapons. 21-448. "Traveling as passenger." 1913A-841. "Unavoidable cause," as used in federal twenty-eight hour law. 21-826. "Under the influence of intoxicants" in accident policy. 13-516. "Unless" as same legal effect as "except." 6-731. "Unmarried woman," meaning within se- duction statute. 17-65. "Unoccupied," as applied to insured build- ings. 1912D-82. "Untenantable," as applied to leased pro- mises. 1913A-1101. WORK AND LABOR. 951 WORDS AND PHRASES Continued. "Untrue," as applied to answers in insur- ance applications. 8-1156. "Using," as applied to prohibited articles within fire insurance policy. 13-540; 19-414. "Vacant," as applied to insured buildings. 1912D-82. "Valuable papers," within rule that holo- graphic will must be found among valuable papers. 5-636. "Valuable thing," legal meaning. 1915A- 30. "Variance," as applied to pleading and proof. 1913D-68. "Vehicle," as including motor vehicle. 6- 922; 1913B-755; 1916B-513. "Vicinity." 18-736. "Village." 1918D-258. "Visible injury," as used in accident in- surance policy. 1915A-537. "Visitorial powers." 1 Ann. Cas. 130. "Void if detached." 19-457. "Voluntary exposure to unnecessary danger" in accident policy. 10-451; 18-1125. "Wage-earner," as applied in Bankruptcy Act. 20-979. "Wages." 1917B-321. "Walking on railroad," as ^ applied to ac- cident policy. 12-47. "Watercourse." 3-208. "Wear and tear." 13-96. "Wearing apparel," in exemption statute. 15-159. "Wharfage." 13-384. "Wholly due," legal meaning. 1918E-792. "Widow," as including "divorced widow" within meaning of Compensation Act. 191SE-119. "Width" as meaning "depth." 1-752. "Wife" of testator within meaning of be- quest or devise. 12-756. "Wilful" in Bankruptcy Act. 3-169; 5- 771. "Wilfully," as applied to offenses. 1914B- 742. WORDS AND PHRASES Continued. "Wilfully," as used in federal twenty-eight hour law. 21-825. "Wilful misconduct," as applied to public officers. 1912C-1083. "Winner," as applied to gaming. 1918E- 140. "With meals." ' 17-817. "Woman," as including both adults and children. 10-958. "Work," within prohibition of Sunday law. 1913D-797. "Working place," under statute requiring miner to keep working place safe. 1915A-1231. "Workman," within meaning of Compensa- tion Act. 1913C-28; 1916B-793; 1918B-704. "Wound." 12-183. "Wrongful act," as basis for civil liability. 9-706. WORK AND LABOR. Brother's or sister's services in same family, implied contract to pay ipr services. 8-203. Child's services rendered during minority to person standing in loco parentis, right of child to recover. 20-394. presumption as to right of payment for services by child to parent who is not of same household. 6-512. Contracts involving both transfer of chattel and labor thereon, applica- bility of statute of frauds. 19-1292; 1914C-584. Note given for past services rendered by one member of family to another, en- forceability of note. 1913A-865. Eemedy for services performed under con- tract void under statute of frauds. 1913A-288. Services in consideration of will, running of statute of limitations against ac- tion for services performed in consid- eration of oral agreement to com- pensate by will. 8-113. Uncle's or aunt's or nephew's or niece's services, implied contract to pa}' for. 1913C-307. Usury, performance of work on credit as within usury law. 20-1134. 952 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. WORKING CONTRACTS. See Building and Working Contracts; Mechanics' Liens. WORKING PLACE. What is, under statute requiring miner to keep working place safe. 1915A- 1231. WORKMAN. Who is "workman" within meaning of Workmen's Compensation Act. 1913C- 28; 1916B-793; 1918B-704. WORKMEN'S COMPENSA- TION. Accident or injury within act, disease as an accident within meaning of Workmen's Compensation Act. 2-140; 15-886; 1913A-1121; 1918B-309, 345, 354. eyesight, what constitutes loss. 1918A- 533. "injury" or "personal injury," what is within meaning of act. 1915C-921; 1918B-362. loss of limb or part thereof, what con- stitutes within act. 1918A-536; 1918D-179. total disability under act. 1915B-1000; 1917E-240. war, applicability of act to injury aris- ing from war. 1917C-760. what accident arising out of and in course of employment is within pur- view of act. 1913C-4; 19146-^498; 1915A-126; 1915C-779; 1916A-388; 1916B-1293; 1916D-584, 694; 1916E- 166; 1917D-195, 199, 209; 1917E-321, 332; 1918D-683; 1918E-813, 1168. Allowance or award, increase, decrease, termination or suspension of allow- ance. 1916E-889; 1917E-469; 1918B- 733. loss of earning capacity, right to com- pensation as dependent on. 1917E- 156. lump sum award under act. 1918B-694. right to compensation or award under act as vesting in beneficiary. 1917D- 1169. Appeal, review of facts under act. 1916B-475; 1918B-647. WORKMEN'S COMPENSATION Con- tinued. "Average weekly earnings," meaning of phrase in workmen's compensation or similar act. 1913D-1024; 1914C-186; 1916B-519; 1916C-892; 1916D-729; 1918B-640; 1918E-1054. tips as part of earnings or wages. 1918B-1122. Constitutionality of Workmen's Compensa- tion Act. 1912B-174; 1915A-247; 1916B-1286; 1917E-401, 839; 1918B- 611. Defenses, contributory negligence, statutes affecting defense in actions by ser- vants against masters. 5-633. disobedience of rules as affecting right to compensation under Workmen's Compensation Act. 8-21; 1912 A-92; 1913C-17. insurance or other benefits, receipt as affecting right to compensation under act. 1918B-635. intoxication of employee as precluding recovery under act. 1915B-997; 1918B-686. negligence precluding recovery under Workmen's Compensation Act. 1913C 17. "serious and wilful misconduct" of em- ployee as affecting recovery. 1916A- 791. Dependents, child in statute relating to workmen's compensation as including illegitimate child. 1918B-258. "living together" by husband and wife or other member of family what con- stitutes. 1915B-880. parent's right of action as affected by award~ to minor. 1916D-1172. previous payment to injured employee as affecting award to dependent. 1915C- 863. release by deceased as affecting rights of dependents under act. 1915B-830. residence of beneficiary as affecting- right to compensation. 1912D-S62; 1918B- 634. who is dependent within Workmen's Compensation Act. 1913E-480; 1918B- 479. Election with respect to acceptance of pro- visions of act, right to and effect. 1915C-308; 1918A-700; 1918B-715. Employees within act, domestic servants, liability of master under act for in- juries. 1917D-504. WORTHLESS ARTICLES WRISTS. 953 WORKMEN'S COMPENSATION Con- tinued. maritime employees as within purview of act. 1916B-88, 2SU; 1917E-919;. 1918B-661. person employed in violation of law as entitled to compensation under act. 1918B-679. railroad employees as within purview of act. 1914D-663; 1916A-821; 1916B- 280; 1917D-1148; 1918B-664. workshop, employment in workshop as within act. 1917D-18, 42. Evidence, admissibility of statement by in- jured employee respecting cause of in- jury. 1916C-775; 1918B-545. Foreign jurisdictions, applicability of act to injury received in another jurisdic- tion. 1914D-377; 1916B-162; 1917E- 515; 1918B-625; 1918D-317. Industrial insurance, nature and construc- tion of policy. 1918B-1186. Liability insurance, carried by employer, insolvency of employer as affecting right of employee to benefit thereby. 1912C-159. Medical examination of workmen, provi- sions in acts respecting. 1914C-86; 1915C-918; 1918B-670. Neglect of statutory duty by employer as permitting action by employee for per- sonal injuries notwithstanding Work- men's Compensation Act. 1918D-334. Notice of injury under act. 1917D-S67, 881, 883, 886; 1918C-1042. Nursing, gratuitous services rendered in- jured employee, right to recover for. 1915B-855. Occupations or employments within pur- view of act. 1917D-4, 33, 38, 39, 42. "Plant," meaning of term as used in act. 1917A-323. Proceeding under act as governed by rules applicable to actions generally. 1915A-741. Eecovery under act as precluding re- covery against third person. 1916B- 1224; 1917E-682. "Serious and wilful misconduct" of em- ployer as affecting recovery under act. 1916A-790. employee's serious and wilful misconduct as affecting recovery. 1916A-791. State as employer, liability within act. 1914B-889. WORKMEN'S COMPENSATION Con- tinued. * Statutes, partial invalidity of Workmen's Compensation Act, effect. 1916D-68. repeal, what statutes are impliedly re- pealed by Workmen's Compensation Act. 1916E-773. retroactive operation of Workmen's Com- pensation Act. 1918B-617. Surgical operation, refusal to submit as af- fecting right to compensation under act. 1915D-4S-2. Third person injuring employee, act as ap- plicable thereto. 1915D-156. "Workman," who is within meaning of act. 1913C-28; 1916B-793; 1918B-704. WORTHLESS ARTICLES. Rescission of sale contract of worthless articles as requiring restoration, in toto. 1912A-669. WORTHY MOTIVE. Admissibility of evidence in mitigation of damages in action for false imprison- ment. 1914A-1018. WOUNDS. Death resulting from treatment of disease caused by wounds as defense to charge of homicide. 16-576; 1916C-692. Inadequacy of verdict for injury described as "wound." 1916B-442. Opening of wound as accident arising out of and in course of employment within Workmen's Compensation Act. 1913C 7. What constitutes "wound." 12-183. WRECKS. Value of wreck as element in determining constructive total loss of vessel. 12- 23. WRISTS. Excessiveness or inadequacy of verdict for injury to wrist. 16-29; 1913A-1371; 19166^44. 954 INDEX TO THE NOTES, 1 ANN. CAS. TO ANN. CAS. 1918E. .WRITINGS. Attorney's lien on writing in his possession connected with litigation. 1917D-149. Measure of damages for loss or destruction in absence of market value. 9-1148; 1917B-579. Stopping work temporarily for purpose of writing as affecting relation of em- ployer and employee. 19130-948. WRITING-SCHOOL. What is writing-school. 1912B-1355. WRIT OF ERROR. See Appeal and Error. United States supreme court, writ there- from as staying proceedings in state court. 1912A-259. Void judgment, decree or order, right to review by writ of error. 20-280. WRIT OF INQUIRY. Eight to execute writ on Sunday. 17. 1916B- WRITS. See Assistance; Attachment; C or am N obis; Mandamus; Process; Prohibition. Habeas corpus as paramount in authority to all other writs. 1914A-S29. Parol proof of contents of lost or destroyed writ. 1916D-252. WRITTEN INSTRUMENTS. See Contracts; Deeds; Frauds, Statute of; Rescission, Cancellation and Reforma- tion; Wills. 4 Acknowledgment by maker as curing fail- ure to subscribe name. 1913A-398. Alteration or destruction, secondary evi- dence to prove contents. 9-484. Attorney's liability to client in preparing, recording or keeping. 1917B-22. Blanks, implied authority to fill, so as to complete signed instrument. 2-331; 1912B-1010. Delivery on secular day of instrument ne- gotiated on Sunday as validating con- tract. 20-37. Denial of execution, right of one party after death of other. 17-398; 1918A- 777. Interlineations or alterations made before execution, admissibility of parol evi- dence to explain. 1913C-344. Malicious prosecution on charge of statu- tory offense relating to written instru- ment, excessiveness of verdict. 1916C- 262. Modification by parol as within statute of frauds. 1-728. WRONGFUL ATTACHMENT. See Attachment. , WRONGFUL DEATH. See Death by Wrongful Act. X X-RAYS. Foundation for introduction of photographs in evidence. 1-161; 10-962. Injuries caused by use of X-rays, liability of physician. 1-21; 1912C-1124; 1916B-341; 1918E-258. X-RAYS Continued. Photographs as evidence. S-435; 1916A- 776; 1918D-998. Workmen's compensation, injury arising from X-ray experiments as accident within purview of act. 19130-14. YOUNG MEN'S CHRIS- TIAN ASSOCIATION. Charitable institution, whether association constitutes. 1912D-427. Exemption from taxation. 1912A-357, 360. YOUNG WOMEN'S CHRISTIAN ASSOCIA- TION. Association as charitable institution. 1912D-427. LIBRWTT 553 172 8 DISTRICT COURT 2nd Appellate District