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INDEX TO
TO NOTES.

(The General Index follows this.)

Alteration of instruments; effect of;

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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
Stipulation for attorneys' fees

Bond; of liquor dealer under Michigan stat

utes

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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

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428 Injunction; to restrain illegal appropriation 180 489 Insolvency; Arkansas statute as to assign

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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-
murrer foreign judgments: finality; as
to what matters and facts conclusive;
who bound by; binding though erroneous 577

583 Letter of credit. See GUARANTY.

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Marriage. See HUSBAND AND WIFE.
Master and servant; fellow servants,
who are; vice-principals; independent
employment; combined negligence of
master and coservants
500
Exposure of servant to extraordinary risks 172
Maxims; loss of one of two innocent parties 745
Mortgage; common-law doctrine; equi-

table theory; American doctrine; title
and possession of mortgagor; abandon-
ment of legal theory; rights of mortgagee
in possession; purchaser in foreclosure;
mortgagee as purchaser; removal of fix-
tures

Priority of notes secured by

Rights of mortgagor and mortgagee
Municipal corporations. See also STAT-

UTES.

Schools; adoption of text-books
Set-off; in equity

Shipping; Limited Liability Acts; as to loss
by fire and collision; for personal injuries;
surrender and transfer of ship and freight;
apportionment of fund paid into court;
what owners entitled to benefit of Act;
proceedings; jurisdiction; injunction to
restrain prosecution in state courts
Statutes; classification of cities; local and
special

Street railways; cable line

55

193

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273

365

630

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Trespass; upon personal rights
Trial; receiving verdict on Sunday
Trusts; account of trustee; following trust

property

Creation of lien on trust estate

Vendor and purchaser; personal liability
for incumbrance assumed; enforcement
of vendor's lien

678 Voters and elections; right of voters to
be registered

840

426

176

Election contests

Warehousemen; as bailees; legislative

control over business; receipts; obliga-
tion to return the thing bailed; assign-
ment and sale of property; tenancy in
common; liability for negligence; for
torts; criminal liability

33

99

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529

Waters and watercourses; pollution of 457
Riparian rights; upper and lower mill

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788

Rights of surviving partner; accounting

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by

481

Party-wall; rights in

649

Wills; specific and general legacies distin-
guished; bequest of stock

390

Payment; by check

442

Legacy; nephews and nieces

367

Peddlers; who are; license of

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Power; to appoint by will; execution of
Principal and agent; ratification of
agent's act

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Principal and surety; subrogation; re-
lief in equity

Devises and bequests of life estate

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Protective agencies. See PUBLIC AGEN-

Revocation; revival and republication; ef-

CIES.

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Public agencies; not liable for negligence

Estate in fee, when given; effect of subse-

of servants

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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

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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

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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.

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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.

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