8. EXECUTION SALES-DEFICIENCY ON RESALE-RIGHT OF SHERIFF TO RECOVER.-If a sheriff legally sells personalty under execution, and, upon the refusal of the purchaser to comply with the terms of sale, the property is resold at his risk and brings a lower price, the sheriff may recover from him, in addition to the deficiency, any absolutely necessary and proper expense attendant upon the keeping and storing of the property pending its readvertisement and sale. (Barnes v. Bluthenthal, 339.) 9. EXEMPTION OF WAGES from execution does not prevent their being sold for the payment of poll taxes. (White v. Martin, 616.) 10. EXEMPTIONS-HEAD OF A FAMILY.-One who has living with him an ablebodied adult son, capable of maintaining and supporting himself, is not, on that account, entitled to exemption as the head of a family. (Cox v. Martin, 604.) 11. EXEMPTIONS-PURCHASE MONEY LIEN-RIGHT OF ASSIGNEE.-Under a statute providing that property mentioned is not exempt from attachment issued in an action for the purchase price thereof, or from execution issued upon any judgment rendered therein, an assignment of a note given for the purchase price of such property operates as an assignment of the right to collect it, and the assignee has the same right to sue and levy on the property that the vendor had. (Langevin v. Bloom, 546.) 12. EXECUTIONS-EXEMPTIONS—“AGED PERSON."-A man sixty-six years of age, though "hale and hearty," is entitled to an exemption of his property from levy and sale under execution, under a constitutional provision allowing this right to "every aged or infirm person." (Allen v. Pearce, 306.) See Taxes, 12. EXECUTORS AND ADMINISTRATORS. EXECUTOR OR ADMINISTRATOR-MISCONDUCT OF, DURING A TRIAL.-Though the defendant is an administrator or executor, his misconduct at a trial in attempting to suborn witnesses or to corrupt jurors may be proved in evidence against him. (McHugh v. McHugh, 849.) See Contracts, 18, 19; Liens, 1. EXEMPTIONS. See Executions; Homestead. EXTRADITION. 1. EXTRADITION-REVOCATION OF WARRANT.-The governor of a state may effectively revoke his extradition warrant for 'the surrender of an alleged fugitive from justice at any time before he is taken out of the state. (State v. Toole, 553.) 2. EXTRADITION-REVOCATION OF WARRANT-CONCLUSIVENESS.-If the governor of a state has revoked his warrant for the surrender of an alleged fugitive from justice, no inquiry can be made in a proceeding on habeas corpus on behalf of such fugitive as to the ground of such revocation, and the prisoner must, therefore, be discharged. (State v. Toole, 553.) FOREIGN INSURANCE COMPANIES. FORGERY. See Banks and Banking, 3. FRAUD. Bee Contracts, 17; Judgment, 18; Release, 2 FRAUDULENT CONVEYANCES. 1. FRAUDULENT CONVEYANCES.-A DEED ABSOLUTE ON 2. FRAUDULENT CONVEYANCES-EVIDENCE.-If a deed See Husband and Wife, 3-6. FREE SCHOLARSHIP. GAME LAWS. GAME LAWS-KEEPING GAME KILLED IN THE OPEN See Contracts. 16. GARNISHMENT. See Attachment. GIFTS. See Charities, 9; Deeds, 6, 7. GUARDIAN AND WARD. 1. A GUARDIAN LOANING THE MONEYS OF HIS WARDS, 2. GUARDIAN AND WARD-BOND WHERE THERE IS NO See Subrogation. HABEAS CORPUS. HEAD OF FAMILY. See Executions, 10, HEIRS. ESTATES OF DECEDENTS.-WHERE AN ACTION IS See Adoption, 2, 3. HIGHWAYS. 1. HIGHWAYS-PLACE OF INJURY-STREET.-One injured 2. STREETS-ADDITIONAL SERVITUDE IN.-The use of a 3. STREETS.-A TOWN PLAT IS NOT CONCLUSIVE that 4. STREETS-ACTUAL LOCATION OF, CONTROLS.-In the 5. HIGHWAY-CREATION OF. BY USER.-If a highway has 6. STREETS.-MERE NONUSER of a part of a street cannot See Eminent Domain, 3. HOLDER FÖR VALUE. See Negotiable Instruments, 2. HOMESTEAD. 1. HOMESTEAD EXEMPTION.-The rule of marshalling se HOMESTEADS-LEASE 2. 3. HOMESTEAD.-The dedication as a public street of lands which are subject to a homestead cannot, as against a wife, result from the acts or agreement of her husband. (San Francisco v. Grote, 155.) 4. HOMESTEADS-EVIDENCE.-The original homestead papers are primary evidence of the setting apart and valuation of the homestead. The record of such papers is only secondary evidence. (Pritchett v. Davis, 298.) 5. HOMESTEAD.-AN INJUNCTION WILL ISSUE against the sale of a homestead under execution where it is so encumbered that no benefit can accrue therefrom to the creditor. (Koen v. Brill, 633.) ́ 6. HOMESTEADS - INJUNCTION. - BENEFICIARIES in a homestead have such an interest in the use and enjoyment of the property as enables them directly to maintain a suit for an injunction to protect it against an illegal invasion. (Pritchett v. Davis, 298.) HOMICIDE. 1. HOMICIDE-JUSTIFICATION.-A homicide committed in self-defense, or in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony on either, is justifiable homicide. (Powell v. State, 277.) 2. HOMICIDE-PROOF OF CHARACTER.-Except when special facts may have been shown to have existed in a particular case, evidence of character, conduct, or utterances of the deceased is not admissible in trials for homicide. (Powell v. State, 277.) 3. HOMICIDE-PROOF OF CHARACTER.-In a trial for homicide, where the plea of self-defense is set up, evidence of the character of the deceased for violence must be confined to evidence of his general character and reputation, and this cannot be established by proof of specific acts. (Powell v. State, 277.) 4. HOMICIDE EVIDENCE OF CHARACTER.-If, on a trial for homicide, the character of the deceased for peace or violence is in issue, the testimony of a witness to the general character of the deceased cannot be confined to evidence of what is generally said in reference thereto. It is competent to show by a witness who has lived in the same community with the deceased, that he knows the estimation in which he was held by the people, and that he has never heard the character of such person questioned. Such evidence authorizes the inference that such character was good. (Powell v. State, 277.) 5. HOMICIDE – DECLARATIONS OF ACCUSED AS EVIDENCE.-On a trial for murder, where self-defense is set up, declarations of present pain made by the accused soon after the killing. and alleged by him to have been caused by an attack made by the deceased at the time of the killing, are admissible in evidence to be considered by the jury along with the other facts in the case. (Powell v. State, 277.) 6. MURDER-DECLARATIONS AS EVIDENCE-INSTRUCTIONS.-A declaration made by one charged with murder admitting the homicide, but disavowing any criminal responsibility therefor, though admissible in evidence as an admission of a fact, is not a confession of guilt, and does not authorize instructions on the law of confessions. (Powell v. State, 277.) 7. CRIMINAL LAW-INSTRUCTIONS.-If, on a murder trial, the court undertakes to instruct the jury as to the various forms in which their verdict may be written, and in so doing states what would be proper forms for all findings, from that of murder without recommendation down to involuntary manslaughter in the com 938 mission of a lawful act, he should not fail to state what the form 8. HOMICIDE-INSTRUCTIONS.-If, on a trial for murder, the 9. EVIDENCE-DYING DECLARATIONS.-The declaration of See Trial, 2. HUSBAND AND WIFE. 1. HUSBAND AND WIFE HOLDING BY THE ENTIRETIES- 2. HUSBAND AND WIFE-TENANTS BY ENTIRETIES-AC- 3. MARRIED WOMAN-CONVEYANCE ON THE EVE OF CONVEYANCES - HUSBAND'S FRAUD |