INDEX TO (The General Index follows this.) Alteration of instruments; effect of; immaterial; effect on surety Appeal and error; parties Attorneys' fees. See BILLS AND NOTES. Banks; payment of forged paper Collections: paper indorsed in blank; restrictive indorsement; indorsement " For collection;" passing of title; application of proceeds; effect of advances and overdrafts; effect of custom or course of dealing; revocation of agency; repudiation of doctrine of sub-agency of collecting bank; neglect or default of correspondents and agents; debts, liabilities, etc., of collecting bank; insolvency of collecting bank Bills and notes; when invalid Requisites to negotiability Acceptance Acceptance of forged paper Bond; of liquor dealer under Michigan stat utes Carriers; duty to furnish safe stations and platforms; reasonable rules for carriage of passengers: injury to passenger alighting; duty to stop train; passenger carried beyond destination; contributory negligence Obligations and liabilities; who are passengers; means of approach and departure; opportunity to alight Restriction of liability; limitation of liability; connecting carriers 214 Checks; nature of; as equitable assignments 595 Parol certification What constitute; payment of; demand Claims. See LIMITATION OF ACTIONS. Conflict of laws; marriage; validity gov 428 Injunction; to restrain illegal appropriation 180 489 Insolvency; Arkansas statute as to assign plication; responsibility for acts of agent; insurable interest; wagering policies 217 Against fire; statement and proof of loss; waiver of; conditions to impede or hinder; where offer of proofs would be in vain Transfer of mutual benefit certificates Proof of loss; limitation clause Intoxicating liquors; right of State to prohibit manufacture and sale; transportation prohibited; imported liquors; special licenses; permission to pharmacists; criminal prosecution; seizure of liquors; judgment lien; liquor nuisance; abatement and injunction; contempt; action by wife for injury to her means of support; recovery of purchase money Brought from out of the State; regulation of sale Judgment; extent of lien 81 189 572 295 183 23 Doctrine of res judicata; by default; on de- 583 Letter of credit. See GUARANTY. Marriage. See HUSBAND AND WIFE. table theory; American doctrine; title Priority of notes secured by Rights of mortgagor and mortgagee UTES. Schools; adoption of text-books Shipping; Limited Liability Acts; as to loss Street railways; cable line 55 193 819 273 365 630 Trespass; upon personal rights property Creation of lien on trust estate Vendor and purchaser; personal liability 678 Voters and elections; right of voters to 840 426 176 Election contests Warehousemen; as bailees; legislative control over business; receipts; obliga- 33 99 831 529 Waters and watercourses; pollution of 457 788 Rights of surviving partner; accounting by 481 Party-wall; rights in 649 Wills; specific and general legacies distin- 390 Payment; by check 442 Legacy; nephews and nieces 367 Peddlers; who are; license of Power; to appoint by will; execution of Principal and surety; subrogation; re- Devises and bequests of life estate 836 Protective agencies. See PUBLIC AGEN- Revocation; revival and republication; ef- CIES. Public agencies; not liable for negligence Estate in fee, when given; effect of subse- of servants 7 L. R. A. GENERAL INDEX ΤΟ OPINIONS, NOTES AND BRIEFS. (Separate Index to Notes precedes this.) ABATEMENT. See ACTION OR SUIT, 7-9. ] survives his death. Cochran v. Matthiessen NOTES AND BRIEFS. Abatement; not effected by pendency of suit against joint trespasser. 272 ACCOUNTING. See PARTNERSHIP, 8, 9. ACTION OR SUIT. See also INDIANS, 3; NUISANCES, 6, 7; PAYMENT, 2; WATER COMPANIES, 2. 1. The fact that distributees who have received a portion of the estate of the decedent, who contracted to procure covenantees to release a covenantor from his obligation, may be called upon to contribute towards the damages which may be recovered for the breach of such contract, will not preclude them from exercising their right as covenantees to enforce the covenant, where their liability will in no event be coextensive with their claim, and there is no means of determining what such liability will be. Wood v. Bullard (Mass.) 304 (N. Y.) 553 8. The mere pendency of a suit against the lessee of a wharf, for injuries caused by its defective condition, will not abate a subsequent suit against the owner of the wharf. State, Bashe, v. Boyce (Md.) 272 9. The death of one of two physicians sued skillful treatment, and the abatement of the as partners in an action for damages for unaction as to him, does not abate it as to the survivor. Hess v. Lowrey (Ind.) NOTES AND BRIEFS. 90 Application of doctrine of proximate cause to actions arising ex delicto and ex contractu. 78 Contract by agent; who may sue on. 573 ADEMPTION. See WILLS, 11. ADOPTION. See WILLS, 3. ADVERSE POSSESSION. 1. The possession by a wife of land under a parol gift from her husband is not adverse to his mortgagee while the husband resides with her upon the land. Gafford v. Strouse (Ala.) 568 2. Taxpayers may maintain suits against town officers to prevent or remedy misapplication of town funds. Russell v. Tate (Ark.) 180 3. Heirs entitled to a third of certain lands, who claim no more than that part, which is set 2. There is no adverse holding by the off by metes and bounds, may sue therefor grantee of land during the life of the grantor, without joining other heirs, where the latter against the dower right of the grantor's wife, have already received a conveyance of a part, who did not join in the conveyance; but it equivalent to their share. McQuerry v. Gilli-is otherwise in the case of a disseisor who has land (Ky.) acquired title by adverse possession as against the husband during his lifetime. De Turk (Pa.) 454 4. The person in whom the legal title to property is vested in trust for a married woman is a necessary party to a bill seeking to charge the property with the payment of money paid to her. Prentiss v. Paisley (Fla.) 640 5. A railroad company, by appearing for any other purpose than to object to jurisdiction, submits itself to the jurisdiction of the court, and waives an objection that the action is brought in the wrong county, contrary to Ohio Rev. Stat. § 5027. Ohio S. R. Co. v. Morey (Ohio) 701 6. The word "trespass," in Texas statutes allowing an action for trespass to be brought in the county where it was committed, or where the defendant has his domicil, includes actions of trespass on the case. Hill v. Kimbell (Tex.) 618 7. A stockholder's liability to creditors for failure to make and record the certificate of payment of all the capital stock, as required by the New York Act of 1875, is not penal, and Winters v. 658 ticular, whether prejudicial to the surety or 6. No exception is, by the Idaho statute, not, will vitiate the note as to him, if made allowed to an order overruling a challenge to a without his consent. Sanders v. Bagwell (S.C.) | juror for general cause. Territory v. Evans 743 (Id.) NOTES AND BRIEFS. 646 7. A statement in a bill of exceptions, that the court refused to give certain numbered inAlteration of instruments; effect of; imma- structions asked by defendant, to which refusal terial; effect on surety. ANIMALS. 743 Id. AND ASSIGNMENT FOR CREDITORS, 2, 3. 'Where for a number of years the income from an estate was insufficient to pay in full an annuity payable out of the income, a surplus in subsequent years, when such income was more than sufficient, should be applied in satisfaction of the previous deficiencies, and not be paid to the next of kin. Re Chauncey (N. Y.) APPEAL AND ERROR. I. NOTICE; RECORD; EXCEPTIONS. II. HEARING AND DETERMINATION. III. EFFECT OF DECISION. NOTES AND BRIEFS. 361 of the instructions thus asked the defendant by his counsel then and there excepted at the time, will entitle defendant to have such refused instructions considered on appeal, and will not be treated as a general exception to the refusal of the instructions as a whole. Weber v. Kansas City Cable R. Co. (Mo.) II. HEARING AND DETERMINATION. 819 687 I. NOTICE; RECORD; EXCEPTIONS. 13. Where the law makes the judge the trier 1. Notice of appeal to coparties need not of facts in cases to which the constitutional be given, under Ind. Rev. Stat. 1881, § 635, right of trial by jury does not extend, as has where no judgment is rendered against them been done in contested election cases, his findand they have no interest in the appeal. Koons ings of fact are as conclusive on appeal as the v. Mellett (Ind.) 231 verdict of a jury. Jones v. Glidewell (Ark.) 2. An appeal in a suit by the creditor of a legatee against him and the administrator to reach money in the latter's hands is not subject to the provisions of Ind. Rev. Stat. 1881, SS 2454, 2455, respecting appeals in proceedings for settlement of decedents' estates. ld. 3. Only one point or subject should be embraced in an assignment of error. Kelly v. Bennett (Pa.) 120 4. A special question withdrawn from the jury by consent of both parties before the general verdict was rendered cannot be considered on appeal as part of the findings and verdict, even if the word "Yes" is written under it. Read v. Nichols (N. Y.) 130 5. An exception to "refusals to charge as requested" is not sufficiently definite, where some of the requests were given as requested, others modified, and some refused. Id. 831 |