POWERS. Creation by will, see "Wills," § 8. PRACTICE. See "Account, Action on"; "Appeal and Error"; "Appearance"; "Arrest"; "Assumpsit, Action of"; "Attachment"; "Bail"; "Costs"; "Damages," § 3; "Deposits in Court"; "Discovery"; "Dismissal and Nonsuit"; "Divorce," § 1; "Evidence"; "Execution"; "Habeas Corpus"; "Injunction"; "Intoxicating Liquors," § 4; “Judgment"; "Judicial Sales"; "Jury"; "Limitation of Actions"; "Mandamus," § 2; New Trial"; "Parties"; "Pleading"; "Process"; "Prohibition"; "Quo Warranto." § 2; "Receivers"; "Replevin"; "Review"; "Stipulations"; "Trial"; "Venue." Condemnation proceedings, see "Eminent Domain," § 2. In equity, see "Equity." In insolvency, see "Insolvency," § 1. PRINCIPAL AND SURETY. See, also, "Bail"; "Guaranty"; "Indemnity." Liabilities of sureties on bonds for performance of duties of office or trust, see "Guardian and Ward." in legal proceedings, see "Appeal and Error," § 29; "Injunction," § 4. § 1. Discharge of surety. by an extension of time of payment of the obRule stated as to when a surety is released ligation.-Voris v. Shotts (Ind. App.) 484. One signing bond on condition that it should not be delivered until others signed held releas ed where it was delivered without such signature.-Spencer v. McLean (Ind. App.) 769. A bond filed in substitution held not to release the sureties on the first bond, where it was not filed in accordance with Pub. St. c. 143, § 5.— Forbes v. Harrington (Mass.) 641. PRIORITIES. In justices' courts, see "Justices of the Peace," Of mechanics' liens, see "Mechanics' Liens,” § 2. § 1. Verdict, see "Trial," § 6. PREFERENCES. In fraudulent conveyance, see "Fraudulent Conveyances.' PREJUDICE. Ground for reversal in civil actions, see "Appeal and Error," § 24. PRELIMINARY INJUNCTION. See "Injunction," § 3. PREMIUMS. For insurance, see "Insurance," § 5. PRESCRIPTION. Acquisition of rights, see "Adverse Possession," § 1. PRESENTMENT. Of claims against estate of decedent, see "Executors and Administrators," § 2. PRESUMPTIONS. In civil actions, see "Evidence," § 2. PRIVILEGE. Of married women, see "Husband and Wife,” § 4. PROCESS. See, also, "Arrest"; "Execution"; "Injunction"; "Mandamus"; "Prohibition"; "Quo Warranto." Effect of appearance, see "Appearance." § 1. Service. Service by leaving copy at defendant's last and "usual place of business," under statute requiring notice to be left at his "usual or last place of residence," held insufficient, where defendant's residence and place of business are in the same place.-Stout v. Harlem (Ind. App.) 492. Under Burns' Rev. St. 1894, § 320, stating the grounds for giving notice of pendency of an action by publication, held, that only one of the grounds need be set forth.-Redman v. Burgess (Ind. App.) 825. PROHIBITION. Of traffic in intoxicating liquors, see "Intoxicating Liquors." § 1. Nature and grounds. Prohibition will not lie to correct an error On appeal or error, see "Appeal and Error," made by the circuit court.-People v. Circuit 21. PRINCIPAL AND AGENT. See, also, "Brokers"; "Factors." Admissions by agent, see "Evidence," § 7. Agency of partner for firm, see "Partnership," § 1. Corporate agents, see "Corporations," § 3. Insurance agents, see "Insurance," § 3. Municipal agents, see "Municipal Corporations," § 10. 1. Rights and liabilities as to third persons. An agent for the sale of property, who took it under a mortgage given to secure the price, held not to have authority to agree to cancel the debt on the mortgagor's surrendering the property.-Robinson v. Nipp (Ind. App.) 408. A contract made by an agent without authority held, on the evidence, not to be ratified.Merritt v. Bissell (N. Y.) 280. PROXIMATE CAUSE. QUO WARRANTO. Direct or remote consequences of injury, see § 1. Nature and grounds. PUBLICATION. Service of process, see "Process," § 1. PUBLIC DEBT. See "Counties"; "Towns," § 1. PUBLIC IMPROVEMENTS. See "Municipal Corporations." Where causes of removal from office are pre- Quo warranto is not a proper remedy for re- To maintain quo warranto against a civil of- By municipalities, see "Municipal Corporations," Id. PUBLIC LANDS. 1. Survey and disposal of lands of Resurvey of 1875 of lands conveyed to the § 2. Disposal of lands of the states. PUBLIC ROADS. See "Highways." PUBLIC SCHOOLS. See "Schools and School Districts," § 1 PUBLIC USE. Dedication of property, see "Dedication." PUBLIC WATER SUPPLY. See "Waters and Water Courses," § 2. PUNISHMENT. § 2. Jurisdiction and proceedings. Burns' Rev. St. §§ 1145, 1146, considered, and RAILROADS. See, also, "Street Railroads." § 1. Right of way. Right of way granted by the state to the A lease of a railroad by the mortgagor held See "Criminal Law," § 7; "Larceny," § 2; "Pen- gine held to apply to car that has been "kick- QUESTIONS FOR JURY. In civil actions, see "Trial," § 3. In criminal prosecutions, see "Homicide," § 2. QUIETING TITLE. 1. Right of action and defenses. A petition to quiet title, under St. 1893, c. QUI TAM ACTIONS. See "Penalties." ed."-Chicago & A. R. Co. v. O'Neil (Ill.) 216. A railroad company is conclusively presumed § 5. Injuries to persons. Evidence held to justify a finding of gross neg- Where a person is injured by a train at a Evidence of person passing a crossing in front Failure of gatekeeper to give warning of ap- 50 N.E.-75 In an action for death on a railroad track, | § 1. Grounds of receivership. In the absence of evidence to the contrary, it 453. Under Pub. St. c. 112, § 212, a railroad com- Evidence held insufficient to show gross neg- No recovery can be had where a person is § 6. Injuries to animals. A company which runs its trains over another A finding that the road was unfenced at a § 7. Fires. In an action for property burned by sparks In an action against a railroad company for A finding that a fire was communicated by a One who suffered a window to remain broken RATE. Of interest, see "Interest," § 2. RATIFICATION. In the absence of a statute, complainant, in § 2. Appointment. who are such pending litigation resulting in the The validity of the appointment of a receiv A complaint held sufficient to entitle plaintiff The fact of a receiver having been appointed § 3. Title to and possession of prop- A receiver who occupied for three months As to assets not reduced to possession, a re- ceiver's authority is only co-extensive with the One furnishing goods to a receiver operating A court, after permitting a party to take Where a receiver of an insolvent corporation In foreclosure by the receiver of an associa- In foreclosure by a receiver, a special find- A complaint by a receiver held to sufficiently § 6. Foreign and ancillary receiver- A receiver of a foreign corporation, appoint- REBUTTAL. Evidence, see "Trial," § 2. RECEIVERS. Of corporations in general, see "Corporations," tain an action in this state against such corpo- See "Bail." RECOGNIZANCES. See "Chattel Mortgages," § 2; "Deeds," § 2; Of statute, see "Statutes," § 4. Transcript on appeal or writ of error, see "Ap- REDEMPTION. From mortgage, see "Mortgages," § 10. REFERENCE. See "Arbitration and Award." REPLEVIN. § 1. Right of action. Where the taking of personalty is unlawful, § 2. Pleading. Record of circuit court quieting title in the To master or commissioner in equity, see "Eq- property in dispute to one claimant held admissi- REFORMATION OF INSTRUMENTS. § 1. Proceedings and relief. A declaration of trust will not be reformed Evidence held not sufficiently clear to warrant REGISTRATION. See "Deeds," § 2. Of voters, see "Elections," § 2. REHEARING. See "New Trial." On appeal or writ of error, see "Appeal and Er- RELEASE. See, also, "Mortgages," § 7. § 1. Evidence. Evidence as to whether the plaintiff, who was ble as bearing on the question of right and pos- sidered, and held, that the question of whether In deeds, see "Deeds." § 3. Where a release signed by plaintiff differed RESULTING TRUSTS. held, in the absence of fraud or mistake, that See "Trusts," § 1. he was presumed to have known the contents of REMAND. Of cause on appeal or writ of error, see "Ap- REMOVAL. From office in general, see "Officers," § 1. REMOVAL OF CLOUD. See "Quieting Title." RENEWAL. Of lease, see "Landlord and Tenant," § 2. RENT. See "Landlord and Tenant," § 5. REPAIRS. Of highway, see "Highways," § 2. Where land taken for a canal is abandoned Lands acquired by a canal company under a Of premises demised, see "Landlord and Ten- R. Co. (Ohio) 442; Walsh v. Same, Id.; Wright v. Same, Id.; Shotwell v. Same, Id. REVIEW. and pay for it according to contract, does not See, also, "Criminal Law," § 6; "Appeal and nor does his adopting this remedy confer upon Error." On petition to vacate judgment, held error to REVOCATION. Of will, see "Wills," § 2. RIPARIAN RIGHTS. See "Waters and Water Courses," § 1. RISKS. SCHOOLS AND SCHOOL DISTRICTS. A contract to build a school house held based County superintendent of schools cannot, aft- Assumed by employé, see "Master and Servant," one of the trustees without the knowledge of See "Highways." ROADS. Streets in cities, see "Municipal Corporations," ROBBERY. Evidence held insufficient to sustain SALES. the other.-Henricks v. State (Ind. Sup.) 559. The acts of a county auditor in refusing to A school township is not liable for an order See, also, "Judicial Sales"; "Vendor and Pur-trustees in failing to defend an action against Of intoxicating liquors, see "Intoxicating Liq- uors." Tax sales, see "Taxation," § 5. § 1. Requisites and validity of contract. § 2. Construction of contract. Parol testimony is admissible to show a bill 3. Remedies of seller. A contractor may waive a provision that the Purchasers of corporate property, taking pos- Evidence as to how goods shipped were di- Evidence in action for price of goods sold held A township is bound by the negligence of its Town in which a school of a grade correspond- The distance of its residence from the school Where commissioners are appointed, under SECONDARY EVIDENCE. In civil actions, see "Evidence," § 5. SENTENCE. In criminal prosecutions, see "Criminal Law," SEPARATE ESTATE. Of married women, see "Husband and Wife," SERVANTS. Contract of sale construed, and parties there- See "Master and Servant." In an action to recover price of horses sold, SERVICE. statute of frauds is satisfied by evidence of de- Of process, see "Process." SERVICES. A vendor of personal property, in selling such |