CHEROKEE INDIANS:

certain contracts with, must be written, 975.

CHILD: See Infants; Minors.

abandonment of, by parent, forfeits custody, 180, 181.

abduction of; by inducing to leave kindred or school, 3358, 3359.
by one not so nearly related, felony, 3359.

parent after forfeiting custody, 3373.

adopted, inherits when, 177.

adoption of, 174-181. See Adoption of Minor Children.

advancements to, accounted for in distributing estate, 133-135.

after-born; interest in ancestor's estate, 138-143.

aiding minor to obtain cigarettes, misdemeanor, 3805.

apprenticed, 184-206. See Apprentice.

barkeeper allowing minor to enter bar against parent's protest, 3729.

birth of, concealing, felony, when, 3623.

carnal knowledge of, under fourteen, rape when, 3348.

cigarettes; selling or giving to minor, misdemeanor, 3804.

conspiracy to abduct, by one related, 3359.

contractor hiring, to manufacture by piece, with intent to defraud, 3428a.
conveys property held in trust, how, 1036.

custody of, forfeited by parent, 180.

restored, how, 181, 1853, 1854.

affected by divorce, 1570.

divorce; effect on, 1569, 1570.

enticing minor, out of state without parent's consent, misdemeanor, 3630.
estate of, inherited by parent, when, 1556 (r. 7).

expenses of action against infant, how paid, 407.

exposing, to fire by shutting up in building, misdemeanor, 3795.

guardian of; duties, etc. See Guardian.

heir of living person construed how, 1583.

hours of labor of, in factories, regulated, 3363.

illegitimate, legitimated, 263, 264.

next of kin to mother, 136, 137.

infants, action by and against. See Infants.

inherits from ancestor, how, 1556.

insane mother's estate used for benefit of, when, 1899.

judge approves all orders affecting estate of infant, 571, 720.

kidnapping, a felony, 3634.

limitations, statute of, does not affect infant, 362.

manufacturers, employing, under twelve years, misdemeanor, 3362.
parents misstating age of, to employer, misdemeanor, 3364.

selling to minors-

cigarettes; or giving to them, misdemeanor, 3804.

aiding minor to get, misdemeanor, 3805.

deadly weapons, misdemeanor, 3832.

liquor, a misdemeanor, 3524.

proof of sale makes prima facie case, 3524.

sent to orphanage, when, 184.

spendthrift trust can be created for, 1588.

unborn, in esse, can take by deed, 1582.
inherits how, 1556 (r. 7).

will void as to after-born child, 3145.

CHOSES IN ACTION:

administrator's sale of decedent's, 67.

arising from tort not assignable, 400.

assignee of pays cost when action concerning, pending, 1278.

action by, without prejudice to defenses existing prior to notice, 400.

bills, notes, checks, etc. See Negotiable Instruments.

judgments. See Judgment.

CHOSES IN ACTION-continued:

larceny of, punished as larceny of money, etc., 3498, 3499.
liens. See Lien.

personal representative's right to sue on, 156.

plaintiff in attachment sues on defendant's, when, 785.
ward's. See Guardian.

CHURCHES:

burning of, wilfully, a felony, 3338.

disturbing congregation of, misdemeanor, 3706.

exhibiting jack or stud-horse near, during worship, misdemeanor. 3705.
obstructing way to, or to spring, etc., used by, misdemeanor, 3776.
religious societies, 2670-2674.

roads to; how established, 2687, 2688.

showing off curiosities, etc., near, during worship, misdemeanor, 3705.
title to, on vacant land. confirmed, 2674.

wilful injury to, a misdemeanor, 3673.

CIGARETTES:

aiding minors to secure, a misdemeanor, 3805.
giving away to minors, a misdemeanor, 3804.
selling to minors, a misdemeanor, 3804.

CITIES AND TOWNS: See Municipal Corporations.

CIVIL PROCEDURE:

abatement of actions, 415, 1208. See Abatement.

of nuisances, 825, 2138, 2142, 2929. See Nuisance.
accounts; action on liquidated and settled, 484.
accounting of personal representative compelled, 104-131.
action, civil; defined, 351, 2340. See Action, Civil.

distinction between, and equity suits abolished, 354.
repeal of statute giving, does not affect, when, 2830.
administrator; actions by and against, 30, 31, 156-165, 167.
adverse party examined, 864-872.

adverse possession, effect of. See Adverse Possession.
advertisement: of notices. See Advertisement.

of process. See Publication.

affidavits. See Affidavit.

account proven by, how, 1625. See Book Account.

alimony pendente lite secured by, 1566.

arrest; order for, obtained by, 729.

counter affidavits filed, 736.

attachment warrant obtained by, 759.

bastardy warrant issued on, 252.

before whom made, 925-931.

claim and delivery; affidavit contains what, 791.

continuance asked for by, 530-532.

creditor's, in proceedings supplemental to execution, 668.

divorce; must accompany complaint, 1563.

injunction granted on, when, 810.

judgment debtor arrested on, when, 671.

referee appointed to take, of person refusing testimony, 875.

removal of causes by, 425-428. 1455.

agricultural lien enforced how, 2054, 2056.

alias summonses issued, when, 437.

aliens; time of war not counted as against, 379.

alimony, action for; procedure, 1558, 1563, 1566.

CIVIL PROCEDURE continued:

amendments; bail not discharged by, 757. See Amendment.
court proceedings amended when, 507, 512, 513, 1467.
pleadings; when, 505, 507, 508, 510, 511, 515, 516, 1468.
process, when, 507, 1467.

amercement; constable, 640, 2817, 3604, 3149. See Amercement.
sheriff, 2817, 2821, 3149, 2827, 2828. See Amercement.
answer; contains what, 477, 479, 481-483, 1460. See Answer.
demurrer to, 485.

county commissioners to superior court, 2690. See Appeal, Civil Ac-
tion.

judge, to supreme court, 588. See Appeal, Civil Action.

justice's court to superior court-

dismissed when, 607.

heard on original papers by superior court, 609.

notice of, and return, 1491-1494.

stay of execution pending, 1490.

trial de novo, 607, 1491.

who may appeal, 1489.

road supervisors to county commissioners, 2683, 2686, 2688.
superior court to supreme court-

case on appeal settled, 542, 554, 591.

dismissal of; for lack of undertaking, 593, 596.

for failure to prosecute, 1543.

in forma pauperis, 597.

judgment; as to costs, 1279-1282, 1542.

as to exceptions, 605, 1542.

certified below, 1526.

notice of, 591.

stay of execution pending, 598-603. See Execution.
transcript of record, 592.

undertaking on, 593, 594, 601, 603, 605.

who may take, 585, 587.

appearance in person or by attorney, 161, 213, 356, 405, 406.
voluntary; no summons necessary, 447.

appraisers; allot homestead, 687-689, 693, 694, 709.

set aside personal property exemption, 695-697, 704, 709.
arbitration before corporation commission, when, 1073.
as to value of dividing fence, 1666.

argument of counsel controlled by court, 216.

arrest and bail, 726-757. See Arrest and Bail, Civil Action.
assault; civil action for, barred when, 397.

assignee of choses in action; action by, 400.

costs against, after action brought, 1278.

attachment of defendant's property, 758-789. See Attachment.

attorney general; action by, against corporations, 827, 1194, 1152, 1198,

bail.

1242, 1246,

to annul land grants, 1750.

oust usurper of office, 827.

prosecute stay bond of railroad, 1084.

grants leave to contestant of election to sue, 828.

See Arrest and Bail, Civil Action.

banks; receiver for, asked by corporation commission, when, 250.

bastardy proceedings, 252-264. See Bastardy Proceedings.
battery; action for, barred when, 397.

betterments claimed by defendant, 652-666. See Betterments.
bill of particulars granted, when, 494, 1469.

bonds; actions on.

See Bonds; Bonds, Fiduciary; Bonds, Official.

for cost in civil actions. See Bond for Cost.

burden of proof. See Burden of Proof.

burnt and lost records perpetuated, how, 327-345.

case on appeal, how settled, etc., 591. See Case on Appeal.

caveat of will; procedure on, 3135-3137.

certiorari, writ of; bond for costs, 584.

See Wills.

challenges to jury; apportioned among defendants when, 1965.
each party entitled to four peremptory, 1964.

talesmen subject to challenge, 1966.

charge to jury; judge's duty to make, 535.

must be in writing, on request, 536.

request for, must also be written, 538.

when written, jury can take, 537.

choses in action sued on, party in interest stated, 400.

civil process returnable to criminal terms, 1507. See Process.

claim and delivery, 790-802. See Claim and Delivery.

claims against state, how prosecuted, 1537, 1538.

clerk's duties in actions and proceedings. See Clerk, Superior Court.
jurisdiction to decide matters of practice, 358.

clerk supreme court; duties in appeals.

cloud upon title; action to remove, 1589.
color of title. See Color of Title.

See Clerk, Supreme Court.

commissioners' reports not set aside for trivial defects, 724.

complaint, 465-469. See Complaint.

compromise of actions, 859-863. See Compromise.

condemnation proceedings, 2575-2598.

conditions precedent, how pleaded, 498.

See Condemnation Proceedings.

confession of judgment, when and for what, 580.

debtor confessing makes verified statement, 581.
judgment entered; execution how, 582.

contested elections; procedure, 826-845. See Contested Elections.
contempt of court; generally, 939-945. See Contempt.

administrator guilty of, when, 100.

adverse party refusing to testify, punished as for, 869.
corporation commission's power to punish for, 1067.

county commissioners may punish for, 1318 (22).
judgment or order, failure to obey, punished as for, 615.
magistrate failing to return preliminary examination, 3206.
profane swearing in justice's court, 1426.

refusing to witness before receiver, 1227.

supplemental proceedings, disobeying orders in, 684.
trustee failing to pay trust fund into court on order, 851.
continuance; affidavit to secure, before term, 530.

application to secure in term, 531.

contracts; joint, how action brought on, 413.

persons severally liable on, action brought how, 412.
statute of limitations bars action on, when, 391-393, 395, 396.
where joint and several; summons and judgment, 455-459.
corporation commission's jurisdiction and powers, 1054-1118.
ration Commission.

costs in actions and proceedings. 1259-1282. See Costs.

counsel may be assigned pauper, when, 452.

counterclaim; what constitutes, 481. See Counterclaim.
answer setting up, plaintiff may reply, 484.

no reply; judgment, 558.

See Corpo-

CIVIL PROCEDURE—continued:

counterclaim-continued.

judgment on; by default, when, 556.

where counterclaim exceeds claim, 553.

set up by answer, 479, 481, 482.

"court" means "clerk" when, 352.

creditors' action against heir and representative; procedure, 53-58, 94, 104.
damages; assessed in certain cases, 553, 2575-2598. See Damages.

in arrest and bail, 730.

claim and delivery, 551.

injunction, how ascertained, 818.

declaration. See Complaint.

defendant; defined, 355. See Defendant.

who may be, 406, 407, 410-414.

defense bond, 269, 273, 453, 454.

demurrer to plea, 470-478. See Demurrer to Pleading.

to evidence, 539.

depositions taken and read, 1645-1655.

detinue. See Claim and Delivery.

See Deposition.

disabilities; who under, 362, 363. See Disabilities.

cumulative, 364.

limitations, statute of, how affected by, 362, 363.
must exist when right of action accrued, 365.
removed; actions by, when, 362.

discontinued when chain of summonses broken, 438.
disclaimer of title by defendant in trespass, 863.

discovery, bills of, abolished, 864.

dismissal of action, 466, 539, 563.

examination of parties, 864-872. See Examination of Parties.
error, writs of, abolished, 583.

evidence in civil actions.

See Evidence.

execution, 615-640. See Execution.

sales under, 641-651. See Execution Sales.

exceptions upon trial, when and how taken, 542, 554.

exemptions, 685-709. See Homestead, Personal Property Exemption.

executors, etc., actions by and against.

See Administration.

fact; issues of; how tried, 527, 544, 546, 547.

questions of, how tried, 357.

feigned issues abolished, 357.

forms of action, no distinction in, 354.

garnishment, 2880. See Attachment.

guardian ad litem, 406, 407.

heir commences action within one year of nonsuit, 370.
homestead allotted, 685-693, 699-709. See Homestead.

idiots sue by guardian or next friend, 405.

defend, how, 406.

infants sue by guardian or next friend, 405. See Infants.
defend, how, 406.

in forma pauperis; action brought, 451.

instructions to jury. See under this head, Charge to, etc.
interlocutory judgment, 555.

interpleader in attachment, 789.

in claim and delivery, 800.

issues of fact, 526-529, 544, 546-549, 1935. See Issues of Fact.

not raised by pleadings, ordered tried, 357.

of law, 543, 545, 610-613. See Issues of Law.

joinder of actions, 469.

misjoinder ground for demurrer, 474.

demurrer sustained, causes divided, 476.