DETINITION of night-time, 876.

of vice-principal, 267.
DIVORCE, fraud vacating decree of for, 647.

grant of in another state, collateral attack upon, 524.
DOWER, execution and judicial sales against husband, whether ortinguisha

right to, 348.
statutes of limitations as against proceedings for, 348.
DURESS, consideration, necessity of return of before rescission on account

of, 890, 891.
rescission on account of, condition imposed by law on the party rescind-

ing, 889.
EJECTMENT, pleadings of the defendant in, what must state, 848.
ELECTRIO RAILWAY CORPORATIONS, care due from, 34.
ESTOPPEL of person held out as a partner to deny that he was such, 232
EVIDENCE, hypothetical questions, what proper, 728.
opinions of witnesses in proceedings against persons charged with being

insane, 531.
EXECUTION, measure of damages against officer proceeding wrongfully under,

670.
trespass of officer acting under, liability of his bondsmen,'669.
trespass of officer acting under, liability of the plaintiff, 670.

seizure under of property of a stranger to the writ, 670.
EXECUTION Sales of partnership property under writs against the individ.

dal members, 371, 372.
EXPECTANCY, release of by heirs at law, 147.
FILING of paper, when complete, 900.
FIXTURES, agreements fixing the character of, 428.
personal property, agreement that fixtures shall retain charactor of

498.
FRANCHISES, transfers of, when void, 111.
FRAUD, in procuring divorce, vacating decree on account of, 647.

judgment, when will not be set aside on account of, 117, 118
GARNISHMENT of trust funds, 855.
HABEAS CORPUS, errors and irregularities cannot be reviewed upon, 320.
HOMESTEAD, fraud in procuring order setting aside, when will not entitlo

adverse claimant to have such order vacated, 118.
HOMICIDE to prevent escape of misdemeanant, 26, 29.
INSANE PERSONS. See LonATICI.
INSURANCE, accident, notice of death, failure to give becauso droumstanoce

of were not known, 937.
JUDGMENT, against person designated by incorrect name, 348

for alimony, restricting conclusiveness of, 73.
fraud in procuring, when will not entitle adverso party to relief, 117, 118
impeaching for fraud, 326.
of court of another state granting divorce, 524.
of court of another state, proof and effect, 524.
on demurrer, conclusiveness of, 615.
relief from in equity, grounds for granting. 117.

vacating for unavoidable casualty, 27.
JUDICIAL Notice, of what county lands are in, 104

JURISDICTION, presumption of, in proceedings against incompetent person

536.
want of apparent by the record renders judgment void 105.
JURY TRIAL, affidavit of jurors to impeach their verdict, 26.

in equity cases, 657.

right to of persons charged with being insane, 538, 639.
JUSTICE OF The Peace, delay of in entering judgment, 474.

jurisdiction of, may be disproved, 320.

jurisdiction of, may be established by extrinsic evidence, 820
LANDLORD AND Tenant, eviction, what is, 461.

improvements becoming a part of the realty, 19.
Laws, foreign must be pleaded and proved, 123.

presumptions respecting, 123.
LIBEL AND SLANder, innuendo, office of, 596.

malice, when implied, 596.

privileged communication what is, is a question of law, 598
Lis PENDENS, amendment of pleadings, effect of upon, 246.

effect of, 246.
laches in prosecution of suit, 246.
what constitutes effective, 246.

when begins, 246.
Lunatics, actions to recover damages for illegal commitment opon charge

of being, 540.
appointment of guardian on a determination of the fact of insanity,

540.
arrest of persons charged with being, when authorized, 532
commitinent without jury trial, statutes authorizing, whether consti-

tutional, 532.
complaint charging person with being insane need not be preferred by

a physician, 534.
confinement of persons after being acquitted of crime on the ground at

insanity, 540, 541.
confinement of persons charged with insanity, liability for, 633,
confinement of, when justifiable, 533.
due process of law against persons accused of being, 531.
evidence in proceedings against persons charged with being, 637.
inquisition, number of jurors who must concur in, 539.
inquisition will not be set aside for irregularities, 538.
jurisdiction in proceedings against, presumptions in favor of, 536.
jury trial, right to of persons charged with insanity, 538, 539.
liability for confining persons falsely charged with insanity, 535.
notice and right to be heard of person charged with lunacy, 632, 534.
notice, failure to give, whether makes inquisition void, 534
notice, personal service of, 535, 536.
notice, presumption of, 535, 536.
Botice to persons charged with being, cases holding that it need not be

given, 536, 537.
notice upon proceedings to set aside inquisition, 533.
opinions of witnesses in proceedings against persons charged with her

ing, 538.
presumption in favor of jurisdiction of courts, 534, 536.
production in opea court of persons charged with being. 539.

LORATIOS, romedies of persons illegally confined on charge of lanacy,

540.
rights of persons accused of being, 531.
statutes providing for commitment and custody of must be striotly

pursued, 532, 634.
what findings and orders establish lanacy, 540.
MASTER AND SERVANT, fellow-servants, damages for neglect of ono result-

ing in an injury to another, when recoverable, 333.
minor employees, burden of proof respecting performance of master's

duty to instruct, 917.
minor employees, duty of master to instruct, 917.
negligence with respect to machinery, tests of, 797.
vice-principal, definition of, 267.

vice-principal, foreman, whether is a, 333.
NEOHANIO'S LIEN, abandonment of contract by builder, whether defeata

claim of materialman, 900.
abandonment of contract, time within which claims of lien must be

filed after, 902.
abandonment of contract when destroys materialman's right to a lien,

904.
abandonment of contract when does not destroy subcontractor's right

to a lien, 903.
abandonment of work without fault of a party, when does not deprive

him of his right to a lien, 900, 901.
oompletion of building, abandonment of contract, when and for what

purposes equivalent to, 901.
completion of building, cessation of labor, for what purposes deemed

to be a, 902
completion of building, counterclaim for failure of, 904.
completion of building, damages for failure of, 905.
completion of building, parties who may assert lien notwithstanding

abandonment of, 900, 901.
completion of building within the meaning of the law, what is

900-902.
completion of contract is essential to principal contractor's right to a

lien, 903, 904.
damages to owner for failure to complete building, 904.
death of owner of property, whether destroys right to, 778, 779.
foreclosure of, parties necessary to, 571.
is a creature of the statute, 900.
landlord, lien cannot be asserted against where building was orected at

instance of his tenant, 904.
materialman's right to a lien though principal contractor does not com.

plete his contract, 904.
scope of statutes respecting, 778.
subcontractors, materialmen, and laborers, failure to completo building,

effect upon claims of, 900.
subcontractors, rights of are dependent apon those of the principal con.

tractor, 901.
mubcontractors, right of to a lion when not destroyed by the abandon

ment of the work by the principal contractor, 903.
vigilance to ascertain whether work has been abandoned, 900.

MISTAKE OF LAW, relief from, when will be granted in equity, 514
MORTGAGE, action by mortgagee to recover for timber or fixtures removed

from the premises, 413, 414.
action for impairment of security not sustainable antil after deficiency

is ascertained, 436.
before condition broken mortgagee cannot maintain trespass or trorer,

435.
building constructed upon mortgaged premises is subject to, 498
building, injunction to prevent removal of, 433.
damages recoverable by mortgages for impairment of his security, 135,

436.
ixtures, injunction to prevent removal of, 432.
foreclosure without personal service of process does not prevent action

for deficiency, 839.
grantee of mortgagor, personal judgment against, 839.
injunction against acts impairing security of, 432
insufficiency of the security, whether necessary to entitle mortgagee to

injunction against its impairment, 433.
replevin by mortgagee, when sustainable, 435.
right of mortgagor to ent timber, 435.
severance of building, remedy of mortgagee for injuries resulting from,

435.
timber, injunction to prevent cutting or removal of, 433, 434.
trespass and trover, actions of when sustainable by mortgagee, 434.

waste, injunction against, 432, 433.
MUTUAL BENEFIT ASSOCIATIONS, arbitration, right to provide that claims

must be submitted to, 711.
are subject to the same rules as insurance corporations, 711.
beneficiaries of, who are, 711.
claims against, right to provide mode of procedure upon, 711.

waiver of, delay in paying an assessment, 711.
NEGLIGENCE, burden of proof in actions to recover for, 728.

of driver of vehicle, when may be imputed to his passenger, 438.
NIGHT-TIME, what is, 876.
PARENT AND CHILD, custody of child, when will not be taken from its par

ents, 843.
PARTNERSHIP, attachment or execution against meinber, levy of apon firm

property, 371.
attachment or execution for partnership debt takes precedence ore

prior writs against the individual partners, 371.
death of member, effect of upon rights of firm creditors, 375.
estoppel to deny that a person is a partner, 232.
execution sale under writ against one member only, effect of, 37L
existence of, when a question of law, 229.
individual debts of members, right of partners to apply property of

the firm in payment of, 371-374.
individual debts of partner cannot be paid by him out of the firm as

sets without the assent of his copartners, 374.
individual creditors receiving firm property, when must account

therefor, 374.
lovy of execution against one member only, manner of making. 371.

PARTNERSHIP, liens against assets of, to secure payment of individual debtu

of the partners, 373, 374.
person held out to be a partner, liability of, 231.
profits, sharing of is not conclusive of, 230.
real property, dower interests in, 379.
real property, notice that it is partnership assets, when sufficient,

379, 380.
real property of, how regarded in equity, 377.
real property of, how vested at law, 377.
real property, proceedings to reach by partnership creditors, 379.
real property, purchased with partnership funds for partnership par-

poses, 377.

real property, tests to determine whether it may bo regarded as part

norship assets, 377.
real property, trusts in for partnership purposes, 379.
surviving partner, preferences created by, 376.
surviving partner, right of to dispose of property, 376.
transfer by one partner to another of his interest in the firm, 375.
waiver by partner of his right to have firm property applied to the dis.

charge of the firm obligations, 375.
what constitutes, 229.
PARTNERSHIP CREDITORS, actions by against individual members of the

firm, 370.
administrator of deceased partner cannot be sued at law by, 367.
and creditors of the respective members, relative priorities of, 364, 368.
assignment for the benefit of creditors, rights under, 371.
bankruptcy or insolvency courts, rules of where there is a conflict be

tween separate and partnership creditors, 363, 369.
bill by to reach equitable assets, 380.
cannot be compelled to resort to partnership property when they have

a lien on the separate property of the partners, 366.
cannot prevent the application of partnership property to the paymont

of the individual debt of a partner, 373.
death of one member does not affect rights of creditors, 375.
death of partner destroys remedies of at law except as against the

survivors, 367.
death of partner does not destroy remedies of in equity against his

estate, 367.
dower, priority of firm creditors against wife's claim for, 379.
equity, proceedings in to reach estate of deceased partner, 367.
oquity, resort to, when will be sustained, 380.
oquity, rule applied in cases of conflict between and an individual ored.

itor of the partners, 368.
execution sale against individual partner cannot affect the rights of,

371, 372.
execution sale for joint debts of the partners, effect of apon, 372
traud upon in applying firm property to the payınent of the individual

debts of a partner, 373.
history of rule giving priority to as against partnership assete, 364, 366.
individual property of partners is subject to claims of, 364.
liens created to secure payment of individual debts of partners, 373.
lion in favor of on separate property of partners will not be displaced

in equity in favor of his individual creditors, 366.
AL ST. REP. VOL XLIIL

60