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DEFINITION of nuisance, 344.

of purchasers of land, 798.
of sham answer, 382.

of warehouseman, 880.

of willful and malicious acts, 774.

DIVORCE, cruelty, adultery is not, 82.

cruelty, as a ground for divorce, description of, 69, 70.
cruelty, austerity of temper and petulance of manner do not

amount to, 70.

cruelty by communicating venereal diseases, 82.

cruelty by forcing wife to perform excessive labor, 78.

cruelty by keeping persons at the family domicile who treat

the wife with disrespect, 78.

cruelty by words alone, 81.

cruelty, charges of adultery made in good faith, though mis-
taken, do not amount to, 82.

cruelty, criminal charges, unfounded, making of, 80, 81.

cruelty, excessive sexual intercourse, 79.

cruelty, ill-treatment or violence toward children of the wife,
72.

cruelty, insane spouse cannot be guilty of, 82.

cruelty, instances of by acts of violence, 71.

cruelty, instances of by acts of wife against her husband, 71.
cruelty, insulting and profane language habitually indulged in,
75.

cruelty, intoxication, violence committed during, 73.

cruelty, mental suffering caused by acts of not amounting to
personal violence, 76.

cruelty must be such as to render the continuance of the marital
relation dangerous to life or health, 70.

cruelty must impair health or render cohabitation unsafe or in-
tolerable, 78.

cruelty, personal violence accompanied by other ill-treatment, 72,
cruelty, personal violence, whether essential to, 70-75

cruelty, provocation, when will not justify, 72.

cruelty, refusal of sexual intercourse, 79.

cruelty, rudeness of manners, 78.

cruelty, single act of, 74.

cruelty, systematic course of ill-treatment, 76, 77.

cruelty, unfounded charges of adultery, 80, 81.

cruelty, violence, single act of, 74.

cruelty, violence, which does not amount to, 69.

cruelty, vulgar and obscene language, 70.

cruelty, what is, is a question of fact, 71.

cruelty, whether must be unprovoked and unmerited, 70-72
cruelty, without violence, 75.

EJECTMENT, for public street, 158.

EMINENT DOMAIN, taking property already devoted to a public
use, 807.

EMINENT DOMAIN, taking property already devoted to a public
use must be specifically authorized, 807.

ESTOPPEL, by silence, 553.

EXECUTION, head of a family which resides in another state, 611.
levy, excessive, what is and liability of officers, 305.

malicious abuse of what is, 42.

trusts, exempting property from, 865.

EXECUTION SALES, resale, liability of purchaser upon, 342.
EXECUTORS AND ADMINISTRATORS, power of one of several
to acknowledge a debt barred by the statute of limitations,
691, 692.

EXTRADITION, revocation of warrant issued by the governor, 556.
EVIDENCE, admissions of agent, when admissible against princi-
pal, 697.

confessions obtained by artifice, 855.

dying declarations, when admissible, 349.

of the character of the decedent in prosecutions for murder,
287.

parol in suits to reform writings, 491, 492.

parol to explain words used in a written contract, 572.

GARNISHMENT, liability of garnishee upon his answer, 559.
of debt due in another state, 46.

questions which may be tried in proceedings upon, 621.

reaches only property or credits in the hands of the garnishee
at the service of the writ, 559.

situs of debt for the purposes of, 47.

GIFTS, conveyances founded upon nominal considerations are, 799,

800.

conveyances, when deemed to be, 798, 801.

of land, definition of, 798.

HIGHWAYS, additional servitudes in, telephone and telegraph
lines, whether are, 368.

new uses to which may be put, 368.

HOMESTEAD, lease of by the husband, 302.

HOMICIDE, character of the decedent, evidence of in prosecutions
for, 287.

when justifiable, 288.

INDICTMENT, omitting to state the day when the offense was com-
mitted, 251.

INFORMATION, sufficiency of must be determined by the rules ap-
plicable to indictments, 229.

INSURANCE, accident, death by injury Intentionally inflicted by
another, 65.

"ceasing to operate," what is the meaning of in policies of,
275.

condition against foreclosure proceedings, when broken, 724.
condition as to ownership, construction of, 812.

construction of policy should be in favor of the assured, 275.

INSURANCE, description of property or premises insured, 811.
difference between representations and warranties, 697.

forfeiture, waiver of, when takes place, 724.

life, representations as to health, materiality of, 895.
life, representations, what deemed material, 895.

mutual, failure to pay assessment, effect of, 428

property used in an illegal business, 311.

total disability to prosecute usual employment, what is, 546.
INSURANCE POLICIES, fraud, reformation of because of, 515
reformation of, 514.

reformation of, for mistake of agents, 516.

reformation of, when unnecessary, 517.

INTERSTATE COMMERCE, original packages, what are, 530.

JOINT DEBTORS, acknowledgment by one, whether may revive a
debt already barred, 685.

acknowledgment of debt by one of several, whether binds the
others, 683.

acquiescence of one in the act of another may bind him thereby,
692.

admissions or representations made by one do not bind the other,
685.

agency between, to what extent exists, 683.

agency of one to bind the other by a new contract, 684.

agency of one to represent the other, cases affirming, 686, 687.
authority of one to represent the other, Lord Mansfield's de-
cision disapproved, 683.

express authority of one to act as agent for the other, 684.
husband and wife, when are, 691.

maker and indorser are not, 690.

part payment by one, effect of in continuing the liability of the
other, 685.

part payment by one of several before the statute of limita-
tions has barred the debt, 687-689.

payment by one releases all, 683.

principal and surety are, 691.

statutes limiting the authority of one to act for the other, 689.
who are, 690.

JUDGMENT, against corporations, when binding upon stockhold-

ers, 713.

against counties, when binding upon citizens, 714.

against deceased person, when void, 596.

defective service of process, effect of, 471.

entirety of, 596.

lien of, when commences, 541.

persons not parties to the record, when bound by, 305.

relief from in equity based upon unauthorized appearance of
attorney, 845.

relief from in equity will not be granted without a showing of
merits, 844.

JUDGMENT, sureties, when bound by judgments against their
principal, 125.

void as to one defendant, when void as to all, 596.

JUDICIAL SALES, crops growing upon land, whether pass by, 624.
JURY TRIAL, counsel, statements of, when improper and what ac-
tion the court should take thereon, 349.

LEASES, reformation of, 520.

LIBEL, definition of, 56.

joint liability for, 57.

presumption of injury and damages from, 401.

MARRIAGE, vold, effect of the parties living together after the
impediment to their marriage has been removed, 251.

MARRIED WOMEN, estoppel against, 387.

judgments confessed by, validity of, 887.

reformation of contracts of, 511, 512.

MASSES, bequests for are deemed to be superstitious uses in Eng-
land, 118.

bequests for cannot be attacked in this country as superstitious,
119.

bequests for, mode of making unobjectionable pointed out, 121,
122.

bequests for, on what ground may be held invalid, 118.

bequests for, purpose of is not invalid, 120.

bequests for, when invalid for want of a beneficiary, 121.

bequests for, whether are for a religious use, 120.

bequests for, whether create a private trust, 121.

bequests for, whether create a public charity or a charitable
trust, 120.

bequests for, whether may create and direct gifts for a legal
purpose, 121.

superstitious uses, statutes concerning, whether forbid bequests
for, 119.

MASTER AND SERVANT, promise of master to remove defects,
how many may be relied upon by servant, 145.
willful acts of servant, liability of master for, 103.

MAYHEM, definition of, 771.

dissevering a member which is subsequently replaced and re-
united, 772.

ear, cutting off was not at the common law, 772.

ear, cutting or biting off, statutes making it a mayhem, 772.

eye, putting out is, 773.

indictment for, charging the crime in the words of the statute
is sufficient, 775.

Indictment for, what must state, 775.

intent essential to crime of, 774.

intent, presumption respecting, 774.

nose, cutting off was not at the common law, 772, 773.

permanent injury is essential to crime of, 774.

MAYHEM, premeditated design, whether essential to crime of, 774.
sexual organs, injuries to which constitute crime of, 773.
statutes changing the common-law definitions of, 772.
thumb or toe, shooting or cutting off, whether is, 773.

tooth, depriving one of, when is, 773.

MECHANIC'S LIEN, against a plant consisting of separate build-
ings, 169.

against a railway bridge or depot, whether must be enforced
against the whole road, 165.

conflict between and unrecorded encumbrances, 51.

for work done upon part of a building or other structure, 167.
separate structures and their appurtenances intended for a
united use, 168-170.

single structure, what is within the meaning of the laws con-
cerning, 168.

upon a bridge or depot constituting part of a railway, 172.
upon a new building or structure added to a pre-existing plant,
170.

upon a new canal or other extention of irrigation works, 174.
upon disconnected buildings, 165, 166.

upon disconnected buildings, for work done under a single con-
tract, 166.

upon disconnected buildings, when may be included in a single
claim, 166.

upon flumes and ditches constituting parts of an irrigation sys-
tem, 174-176.

upon irrigation works, whether must extend over the whole
thereof, 173.

upon mining claims must extend over the whole, 172.

upon railways for work done upon a division or part thereof,
171.

upon railways must generally extend over the whole thereof, 171.
upon several consolidated mining claims, 172, 173.

MORTGAGE, assignment, mortgagor, whether must take notice of
record of, 576.

assignment, payment to mortgagee after, 576.

description of indebtedness in, when sufficient, 183,

grantee covenanting to pay, liability of, 40.

indebtedness secured by, change in form of, 184.

power of sale in continues after the death of the mortgagor,
715.

reformation and foreclosure of in the same suit, 519.

reformation of, 517, 518.

reformation of, evidence sufficient to sustain, 519.

MUNICIPAL CORPORATIONS, defective sidewalk, liability for,

748.

defective sidewalk, lotowner's liability for damages sustained

by,
748.

negligence in failing to perform legislative or discretionary
duty, liability for, 264.

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