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MORTGAGE. Conveyance subject to; division of

tract...

295

Foreclosure; assignee of; mechanic's lien; necessary
party; purchaser at sale; under mechanics' lien can-
not be ejected...

136
156

Foreclosure; when right not cut off..
Future advances; insolvency; preference; fraud.. 357
Payment of taxes; foreclosure; claim of lien; notice. 294
Power of sale; attorney and client....
Uncertainty in description; evidence aliunde...
Operating road after default.
MUNICIPAL BOND. Bona fide purchaser; notice;

19
232
210

495

376

practice; offer of testimony; rejection; presumption, 95
Kansas statute; election; notice; recitals; interest;
estoppel; bill of exceptions...
Negotiable; Iowa statute; constitutional law: subject
embraced in title..
MUNICIPAL CORPORATION. Advertisement
for proposals for grading and paving a street...... 433
Care of streets; adopting charter powers imperative;
adjoining owner changing sidewalk; no defense to
city after notice.

Care of streets; negligence; proximate cause....
Change of grade of street; damages; surface water..
Contract without formalities required by charter; in-
tervention of attorney-general; injunction.
Horse frightened by boulder in street; statutory
liability...

Icy sidewalk; contributory negligence...
Evidence as to prior condition...

...

Injury to foot; passenger going off street on adjacent
lands; implied invitation..

Legislature may divide; apportionment of liabilities;
services by attorney..

Negligence; advertising banner across street....

:icy sidewalk

....

194

119
119

34

356

178

298

23

275

122

286

379

443

; public building; excavation for........
Nuisance; firing cannon in streets.....
Requiring lot-owners to remove snow from sidewalks. 362
Respondeat superior; cemetery trustees; city vault.. 152
Streets and alleys; ejectment.

Streets; negligence...
Negligence; contractor; excavation in street
Surface water; damnum absque injuria..

336
17
504
419

See Negligence.

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NATIONAL BANK. Penalties for taking usury.. 317
Usury; Federal and State statute

475
59

- penalty; State court; jurisdiction..
See Constutional Law.
NEGLIGENCE. Accident at street crossing; evi-
dence as to its condition; challenge to juror
Accident; no presumption from..
Action against maker of machine for injury to third
person during operation by purchaser..
Approaches to premises; licensee...
Cause of action assignable; maintenance; depriving
of right to remove federal court
Contributory; inference either way; question for
jury.

Crossing railroad track; contributory negligence.....
Distinct causes of action; separate suits.
Employee of railroad; question for jury..
Hand on base of open window of car; question for
jury.

Joint liability; driver and owner of team; partner-
ship...

Leaving train while in motion; contributory negli-
gence; acting in emergency: question for jury...
Llability of receiver for..
Passenger attempting to leave moving train; con-
tributory..
Plaintiff's testimony must establish; inference either
way; nonsuit proper

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436
253

Presumption from accident......

Proximate cause
Railroad; personal injury; contributory negligence;
street crossing
Railroad company; proximate cause; defective ma-
chinery; presumption of duty to inspect
Railroad; throwing mail bags...

319

Railway crossing; contributory negligence; must look
and listen; flagman at crossing; presumption of self
preservation
497
Submission of question to jury. evidence; failure to
ring bell
Wharves; obstructions; sunken pile; damage to ves-
sel; liability of owner and occupant.
When not liable for contractor's; ditch in street.. 58
See Animals; Banks and Banking; Municipal Corporations.
NEGOTIABLE INSTRUMENT. Alteration;

117

adding surety; maker liable

77

- does not release when consented to; bona fide
holder
379
Assignment of, by foreign executor; assignee may
35

sue

Assignment of paid note; right to contribution passes, 213
Banker's draft; insolvency of drawer......
80%
Check; holder cannot sue bank.....
60
78

-; presentation for payment; failure of bank

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490
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194
96

306

478

139

269

NEGOTIABLE INSTRUMENT-Cont.
Compromise; new note; consideration; surrender
Coupon bonds; negotiability; seal...
Failure of consideration; payment in goods; bank-
ruptcy of maker.

Illegal consideration; pari delicto; composition...
suppressing criminal prosecution....
Indorsement

; Irregular

Material alteration; surety; contribution
National bank; indorsement for collection
Notice of dishonor; assignment for creditors; non-
resident creditor...
Protest; waived by parol
Statute of limitation; due bill; no demand necessary
to set statute running....
NONSUIT, when not granted.
NUISANCE. Evidence; question of damage
Keeping stock yard; R. S., §§ 8180, 8181; action at law;
damage; continuing...
Injunction....

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82

Widow's right to child's services..
PARTIES. Partners; action must be against all..
PARTITION. Lessee for years; must have notice.. 458
Litigating validity of mortgage; estoppel; mortgage
foreclosure; merger of debt.
PARTNERSHIP. Account between two

518
4.23
499

Surviving partner resisting law-suit
Assignment to one partner; consideration; release... 18
Compromise: receiver.

46

170
273

Fictitious; and Co."; construction..
Liability after dissolution; partner released may re-
cover from co-partner..

218

Limited; payment of capital not in cash; estoppel;
judgment in view; bankruptcy; adjudication bind-
Ing only on parties.
Power of partner to dissolve; future liability; notice.
of dissolution

Property of, purchased by partner; exemption..
Retiring partner; liability to creditor not having no-
tice; admissions by other partners do not bind...... 155
Sale of good will; soliciting customers of old firm;
injunction...
69
Share in profits and losses..
..155, 517
Transacting business and signing firm, not conclusive
that signer is partner..

Trustee process; set-off; debt secured
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343
296

254

338
309
329

83
93
34
See Abatement.
PARTY-WALL. Leaving recesses in..
443
PATENT. Infringement; action by patentee and
license after suit by patentee
214
Infringement of; dude collar...
262
Injunction; not granted to United States; action to
repeal; action for infringement
Suit for infringement; laches; demurrer..
License; receiver; practice; comity of courts.
Public use; sale to test machine; presumption

295

335

75 PAYMENT. Application of

In money or equivalent; election; railroad bonds;
recovery of interest; demand..
Of assessment under protest....
PLEADING. Condition precedent; allegation and
denial; Iowa Code

316

Contributory negligence; when not question of law
Construed against pleader; denial; admitted, quali-
filed or denied; admission; answer in another suit.. 253
Malicious prosecution and false imprisonment may be
joined order of arrest; false imprisonment does
not lie; malicious prosecution; probable cause...
Money illegally exacted; New York Code; answer;
evidence...
Parties; substitution of sheriff's indemnitors; Code
Civ. Proc., 1421, strictly construed.
PRACTICE. Amendment to pleading; discretion;
refusal to exercise discretion, error

333

373

236

257

Assault with intent to kill; reversal; second trial for
assault; challenge..
Bills of items in libel.
Demurrer; uniting causes of action; Code Civ. Proc.,

423

484

194

Waiver of jury; stipulation; Rev. Stat., 649; State
decisions

277

Wisconsin; custody of record; writ of error; to what
court directed; statute of limitations; record...... 375
When non-suit not granted
457
PRINCIPAL AND AGENT. Contract to sell
land; compensation; ratification of contract...... 336
(See Agency.)
PROCESS. Service on complainant or non-resident
defendant attending on trial..
PROPERTY. In human corpse.................. 463

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SALE.

Conditional; meaning of words; question
for jury; practice; submitting case; weight of evi-
dence.

Chattel; particular use; implied warranty
Defective boiler; warranty; deceit
Delivery C. O. D.

Fraud; change of possession; agent..
Particular use; warranty; waiver..
Ore by sample; rule in Pennsylvania; contract en-
tirety; damages; interest

Warranty; election of vendee to rescind; damages
Warranty of quality; severable contract; right to re-
scind

302

416

437

22

Enjoining State court..

397
98

Joint debtors in a mortgage; non-resident mortgagor, 95
REPLEVIN. Custodia legis

130

Damages; attorney's fees; no exemplary damages
against sheriff; chattel mortgage; void; hinder and
delay..

..... ......

Excessive tax
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it

182

court

Charter; party; stipulation as to sailing
Collision; observing lights: mutual fault; negli-
gence; deckhand Injured; several liability
Maritime lien; supplies; ship's agents; secret agree-
ments with stevedore..

Pilots; duty of; unknown obstructions; costs
SLANDER. Charge of crime; justification; proof

beyond a reasonable doubt....

Privileged communication; as to character of school
teacher by resident of district..
See Abatement; Libel.
SPECIFIC PERFORMANCE. Benefit of third
person; possible benefit not sufficient..
Rescission

Purchaser objecting to title; defects in records cured
by parol....

Statute of frauds; part performance
STATUTE. Chinese immigration..

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Claim or demand"; deposit in insolvent bank
Construction; ballots on plain white paper" may be
on paper of unusual thickness...
Construction of ordinance; auctions.

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498

177
490

Implied repeal..

STATUTE OF FRAUDS. Parol agreement

partly performed.

....... ........

Conveyance by father to son........................
memorandum
STATUTE OF LIMITATIONS. Action against
directors; by stockholder. Code Civ. Proc., §§ 388,
394..

138
132

452
123, 163

58
140

377
138

318
333

136
96
96

417
462

213
31

13

392

317

483

482
322

476

316
418
174

431
298

SUBROGATION. Judgment note; lien...
SUNDAY. Promissory note; conflict of laws..
SURETY. Action on bond; notice of default.
joint debtors; subrogation...

53
332

217

two debtors: creditor; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-

ments.................

359

..........

Page.

TAXATION-Continued.

Charter exemption of capital stock of railroad; ex-
emption of individual interests of stockholders;
obligation of contract; power of legislature.... 292
Corporation not governmental agency..
75
Exemption; educational institution; policy of stat-
ute; cloud on title; void assessment; action to re-
move.....

Exemption of railroad; personal privilege...
Inter-State commerce; logs in transit..
Navigation of river; conflict with federal laws.
Notice to owner; enjoining collection; publishing no-
tices; act 1878, ch. 65.

378,

Unau-
458

417
417
463

Warranty; when not implied.
Stoppage in transit

378

SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass; fraud.
SHIP AND SHIPPING.

58

Admiralty jurisdiction;
part owners of steamboat; accounting; sale; State

See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition...
TELEPHONE COMPANY. Bound to furnish

203

equal facilities...

Evidence; report of conversation by operator...
Power to tax.

143
182

TENDER. Must be kept good..
TOWN. Aiding railroad; may rescind vote.

350
414
59

One of four officers cannot bind town; all must act. 298
TRADE-MARK. Corporation has right to; another
16

corporation cannot take........

"St. Louis beer;" deceit...

503
292

Parties of same name; deception; injunction.
TRESPASS. Ab initio; failure to leave enough hay
to keep stock..

413

103

Mortgagee may maintain, against purchaser of manure
from mortgagor.
TRIAL. Issues in equity cases: verdict of jury
merely advisory; Code, §§ 972, 1003; evidence; ad-
missions; failure to answer letter; not bound by
statements therein.....

14

...........

TRUST. Beneficiary entitled to account; pleading;
in charging fraud should allege facts; mortgagee
credited with improvements; liability for rents.... 216
Declaration of; statute of frauds, parol lease; specific
performance; assignment for creditors; right to
lease passes to assignee; distribution of proceeds... 116
Deed of; satisfaction by stranger; subrogation.
217
Devise by husband to wife on her promise to keep for
children

23

196

Lien of judgment; "real estate;" bankruptcy; power
of appointmeat does not pass..
Resulting; executor purchasing trust property; fraud. 18
Funds may be followed; misappropriation.
Investments; good faith; discretion........
Rule as to investment..
Statute of limitations
Removal; misconduct..

297
238
18
98

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UNITED STATES GOVERNMENT.
thorized sale of property..

USURY. Question of intent; pleading...

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VENDOR AND PURCHASER. Inadequacy of
consideration; insanity; non-professional witness;
constructive notice; mere rumor not
217
Purchase of securities; payment; discharge of lien;
parol evidence as to consideration; practice; subro-
gation..
Fraudulent representations as to value
Lien of vendor; priority of judgment...
Record of agreement; entries in index-notice..
VERDICT. Receiving, in absence of defendent;
right to poll jury; Sunday not court-day; error..... 256

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277

292

76

514

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WATER AND WATER-COURSES. Covenant
house;" adjoining cellars; percolation.
License by riparian Owne to one off the stream;
injunction by lower proprietor....
Mill-dams; reasonable use of water.....
Prescriptive right; equitable action to quiet title; in-
junction; pleading; joinder of defendants
WILL. After-acquired property; specific or residuary
gift.....
Conditional.

Conversion; direction for sale; discretion as to time of
sale

437

Devise in trust; suspending power of alienation; re-
fusal to accept provision in lieu of dower..
251
Devise; life estate
413

433

......

Devise not against public policy; right of testator to
attach a condition; devise or bequest in trust for
educational and charitable purposes; certainty; mu-
nicipal corporation; property held in trust by; equity
jurisdiction..
Devise void as trust; valid as a power; power of sale;
discretion; 1 R. S., 729, § 55; receiver cannot execute. 411
Dower; provision in lieu; failure to dissent.
Executory devise; dying without issue....
Gift to a class; distribution per capita..
Heirs and next of kin; husband
Provision requesting services; liability of estate for
discharge
218

476
275
98
35

Public charity; condition subsequent; perpetuities 405
Remainder; life estate..
Trust; payment of income.
--; power of disposal.

499
435
34

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395

378

•196

336
418

515

437

262
247

290

437
369

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