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LUXATIOS, remedies of persons illegally confined on charge of lanacy,

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

pursued, 532, 534.
what findings and orders establish lunacy, 540.
MASTER AND SERVANT, fellow-gervants, damages for neglect of one 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.
MECHANIO'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,

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

bim 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,

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 whoro building was orected at

instance of his tenant, 904.
materialman's right to a lien though principal contractor doos 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 upon those of the principal con.

tractor, 901.
mabcontractors, 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 until after deficiency

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

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, 435,

fixtures, 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 mortgages to

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

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 over

prior writs against the individual partners, 371.
death of member, effect of upon rights of firin 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 at

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

therefor, 374.
lovy of execution against one member only, manner of making, 871.

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

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 pur-

poses, 377.
real property, tests to determine whether it may bo regarded as part

nership assets, 377.
real property, trusts in for partnership purposes, 379.
surviving partner, preferences created by, 376.
mrviving partner, right of to dispose of property, 376.
transfer by one partner to another of his interest in the firm, 373.
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, 365.
assignment for the benefit of creditors, rights under, 371.
bankruptcy or insolvency courts, rules of where there is a confliot 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 lied 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.
oxecution sale against individual partner cannot affect the rights of,

371, 372.
execution sale for joint debts of the partners, effect of apon, 372.
fraud 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 assets, 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.


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PARTNERSHD CREDITORS, liens upon the partnership assets, 370.
obtaining lien apon separate property of partners are entitled to prefer-

ences over individual creditors, 366.
partner as against has no right to apply firm property to the payment

of his personal obligations, 374.
partner's right to have firm assets applied to the payment of, 370.
payment, right to in equity out of the partnership assets,:364.
preferences over given to individual creditors of a member of the firm,

priorities over are dependent upon the equities of the partners, 372
probate and surrogate courts, classification of liabilities by statuto dous

not affect priority of partnership creditors, 370.
probate and surrogate courts, rules of in cases of conflict between and

individual creditors, 369.
real property, attachment or execution against, 378.
real property, notice to purchaser of firm interest in, 379, 380.
real property, priorities under writs against partnership and against

individual members, 378.
real property, proceedings to reach, 379.
real property, rights of in, 378.
real property, test to determine whether it may be subjected to firma

obligations, 377.
relief, form of, in equity, 380.
separate debts, right of partners to apply property to payment of, 373.
separate property of partuers, proceedings at law against, 364, 365.
separate property of partners, right to share in equity, 368.
subrogation of, to the rights of the partners, 370.
surviving partner, effect of purchase by him of the interest of the de

ceased, 376.
surviving partner, right of to create preferences between, 376.
transfer by one partner to another of his interest in the firm, effect of

upon the rights of its creditors, 375.
transfer for the purpose of defrauding, 375.
transfer of interest of one of the partners to a third person does not

affect rights of, 375.
transfer of interest resulting from death of a member does not affect

rights or remedies of the firm creditors, 375.
transfer of property by the firm, effect of upon, 373.
waiver by partner of his rights destroys equity of firm creditora, 374,

waiver by partner of his rights to have the firm property used to dis

charge the firm obligations, 375.
PRINCIPAL AND SURETY, discharge of surety by the principal's failure to

resort to means of satisfaction, 358.
surrender of collateral securities by principal releases the morety, 358
PROBATE AND SURROGATE Courts, priorities in, of partnership and of indi.

vidual creditors, 369.
POBLIO LANDS, patent for, collateral attack upon, when not permissible

patent for, presumption in favor of, 180.

patent for, when void, 180.
PUBLIO OFFICE, elegibility to, whether most exist at the timo d the elec

tion, 406-410.

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PUBLIO OTTICERS, compensation of, when may not be incroased during the

term of office, 837.
increase in dnties of, when releases suretios, 837.
RAILWAY CORPORATIONS, handcar, liability for persons injured whilo rido

ing on, 41.
livestock, duty of, to provide places for feeding and watering, 446
REPLEVIN, by mortgagee, when sustainable, 435.
RIPARIAN OWNERS, convoyance which will affeot rights of, 605.
SPECIFIO PEKFORMANCE of contract to dispose of property by will, 700.
STATUTE OF FRAUDS, oral promise to pay debt of anothor, 846.
STREETS, public uses to which may be applied, 99.
railways in, construction of, when an additional servitude, for whilole

abutting landowner is entitled to be compensated, 100, 668
railways, public use for, when may be authorized, 100.
Tax Sale, cotenant cannot acquire title by, 348,
TRADEMARKS, purposes of, 911.

transfer of by assignment of business, 911.
use of one's name as, 776.

words in which an exclusive right cannot bo acquired, 911.
TRESPASS by a mortgagee, when sustainable, 434.
TROVER by mortgagee, when sustainable, 434.
Trust Funds, garnishment of, 855.
VENDOR AND VENDEE, improvements, payment for on ropadiation de para

contract of sale, 202.
time, when and how may be made of the essence of a contrast, 201, 202
WASTE, mortgagee's right to injunction against, 432, 433.
WATERS, percolating, to whom belong, 719.

pollution of, liability of landowner for, 719.

riparian owner's right of access to, 740.
WILLs, agreements not to contest, 147.

lost or destroyed, probate of, 524.

undae influence, burden of proof, 302.
WITNESSES, children, competency of, 880.

husband and wife, when competent to testity against made thee, IL

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