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NEGOTIABLE INSTRUMENT-Cont. Page.

Compromise ; new note; consideration ; surrender 395
Coupon bonds; negotiability; seal....

517
Failure of consideration; payment in goods; bank-
ruptcy of maker.

138
Illegal consideration; pari delicto; composition... 298
- suppressing criminal prosecution....

31
Indorsement

19
; Irregular

507
Material alteration; surety; contribution

379
National bank; indorsement for collection

367
Notice of dishonor; assignment for creditors; non-
resident creditor..

218
Protest; waived by parol

19
Statute of limitation; due bill ; no demand necessary
to set statute running...

235
NONSUIT, wben not granted..

457
NUISANCE. Evidence; question of damage

415
Beeping stock yard ; R. S., Š8 3180, 3181; action at law;
damage; continuing...

337
Injunction..

58

210

OFFICER. Female notary...

43
Usurper of public office; no action for salary,

294
Warden of penitentiary cannot be garnished for
prisoner's money...

502

23

Page.
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
Foreclosure; when right not cut off.

156
Future advances; insolvency; preference; fraud.. 357
Payment of taxes; foreclosure; claim of lien; notice. 294
Power of sale; attorney and client....

19
Uncertainty in description; evidence aliunde.... 232

Operating road after default.
MUNICIPAL BOND. Bona fide purchaser; notice;

practice; offer of testimony; rejection; presumption, 95
Kansas statute; election; notice; recitals; interest;
estoppel; bill of exceptions...

495
Negotiable; Iowa statute; constitutional law: subject
embraced in title.

376
MUNICIPAL CORPORATION. Advertisement

for proposals for grading and paving a street....
Care of streets; adopting charter powers imperative;

adjoining owner changing sidewalk; no defense to
city after notice

194
Care of streets; negligence; proximate cause....

119
Change of grade of street; damages; surface water... 119
Contract without formalities required by charter; in-
tervention of attorney-general; injunction.

34
Horse frightened by boulder in street; statutory
liability..

356
Icy sidewalk; contributory negligence...

178
Evidence as to prior condition..

298
Inlury to foot; passenger going off street on adjacent

lands; implied invitation.
Legislature may divide; apportionment of liabilities;
services by attorney..

275
Negligence; advertising banner across street..

122
-: icy sidewalk

286
; public building ; excavation for.

379
Nuisance ; Aring cannon in streets...

443
Requiring lot-owners to remove snow from sidewalks. 362
Respondeat superior; cemetery trustees; city vault.. 152
Streets and alleys ; ejectment...

336
Streets ; negligence..

17
Vegligence ; contractor; excavation in street

504
Surface water; damnum absque injuria.

419
See Negligence.
NATIONAL BANK. Penalties for taking usury.. 317
Usury; Federal and State statute

475
- i penalty ; State court ; jurisdiction..

59
See Constutional Law.
NEGLIGENCE. Accident at street crossing; evi-
dence as to its condition; challenge to juror

436
Accident; no presumption from..
Action against maker of machine for injury to third
person during operation by purchaser.

343
Approaches to premises ; licensee...

298
Cause of action assignablo; maintenance ; depriving
of right to remove federal court

254
Contributory; inference either way; question for
jury.

338
Crossing railroad track; contributory negligence. 309
Distinct causes of action ; separate suits.

329
Employee of railroad ; question for jury.

295
Hard on base of open window of car; question for
jury.

335
Joint liability ; driver and owner of team; partner-
ship...

75
Leaving train while in motion; contributory negli-

gence; acting in emergency ; question for jury. 456
Llability of receiver for.

490
Passenger attempting to leave moving train; con-
tributory..

18
Plaintiff's testimony must establish; inference either
way ; nonguit proper

194
Presumption from accident.

96
Proximate cause

306
Railroad; personal injury; contributory negligence;
street crossing ...

478
Railroad company; proximate cause; defective ma-
chinery; presumption of duty to inspect

139
Railroad; throwing mail bags...

269
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.

117
When not liable for contractor's; ditch in street.

58
See Animals; Banks and Banking, Municipal Corporations.
NEGOTIABLE INSTRUMENT. Alteration;
adding surety; maker liable

77
—; does not release when consented to; bona ide
holder

379
Assignment of, by foreign executor; assigneo may

35
Assignment of paid pote; right to contribution passes, 213
Banker's draft; insolvency of drawer......

307
Check; holder cannot sue bank....

60
; presentation for payment; failure of bank

78

253

PARENT AND CHILD. Agreement for and right
of custody

382
Widow's right to child's services...

323
PARTIES. Partners ; action must be against all.. 32
PARTITION. Lessee for years ; must have notice.. 458
Litigating validity of mortgage ; estoppel ; mortgage
foreclosure ; merger of debt.

513
PARTNERSHIP Account between two

423
Surviving partner resisting law-suit

499
Assignment to one partner; consideration ; release... 18
Compromise : receiver..

170
Fictitious; and Co.; construction..

273
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.

134
Power of partner to dissolve; future liability; notice
of dissolution

356
Property of, purchased by partner; exemption... 300
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 frm ;
injunction..

69
Share in profits and losses

.. 155, 517
Transacting business and signing firm, not conclusive
that signer is partner.

483
Trustee process ; set-off ; debt secured

93
What constitutes

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 iofringement

15
Suit for infringement ; laches; demurrer.

118
License ; receiver; practice; comity of courts. 293

Public use ; sale to test machine ; presumption
PAYMENT. Application of

237
In money or equivalent ; election ; railroad bonds;
recovery of interest ; demand..

90
Of assessment under protest...
PLEADING. Condition precedent; allegation and
denial ; Iowa Code

355
Contributory negligence; when not question of law .. 457
Construed against pleader; denial ; admitted, quali-

fied or denied ; admission ; answer in another suit.. 253
Malicious progecution and falso imprisonment may be

joined ; order of arrest ; false imprisonment does
not lie ; malicious prosecution ; probable cause...

316
Movey illegally exacted ; New York Code ; answer ;
evidence...

333
Parties ; substitution of sheriff's indemnitors; Code
Civ. Proc., & 1421, strictly construed..

373
PRACTICE. Amendment to pleading ; discretion ;
refusal to exercise discretion, error

236
Assault with intent to kill ; reversal ; second trial for
assault; challenge..

257
Bulls of items in libel.

423
Dernurrer; uniting causes of action ; Code Civ. Proc.,
8 484

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 ; ratifcation of contract... 336

(See Agency.)
PROCESS. Service on complainant or non-resident
defendant attending on trial..

515
PROPERTY. In human corpse.

463

....515

319

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TAXATION-Continued.

Page.
Charter exenuption 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-

456
Exemption of railroad ; personal privilege..

277
Inter-State commerce ; logs in transit.

292
Navigation of river; conflict with federal laws.

76
Notice to owner; enjoining collection ; publishing no-
tices; act 1878, ch. 05.

378, 514
See Constitutional Law.
TELEGRAPH. Limitation of time to present
claim for damages; notice of condition.

203
TELEPHONE COMPANY. Bound to furnish
equal facilities..

143
Evidence ; report of conversation by operator. 182
Power to tax

350
TENDER. Must be kept good.

414
TOWN. Aiding railroad ; may rescind vote..

59
One of four officers cannot bind town ; all must act. 298
TRADE-MARK. Corporation has right to ; another
corporation cannot take..

16
“St. Louis beer;" deceit...

503
Parties of same name ; deception; injunction. 292
TRESPASS. Ab initio; failure to leave enough hay
to keep stock..

413
Mortgagee may maintain, against purchaser of manure
from mortgagor.

103
TRIAL. Issues in equity cases ; verdict of jury

merely advisory ; Code, š& 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
personnance; assignment for creditors; right to

lease passes to assignee; distribution of proceeds... 116
Deed of ; satisfaction by stranger; subrogation

217
Devise by husband to wifo on her promise to keep for
children

23
Lien of judgment; “real estate;" bankruptcy i power
of appointmeat does not pass..

196
Resulting; executor purchasing trust property; fraud. 16
Funds may be followed; misappropriation.

297
Investments; good faith; discretion.

238
Rule as to investment..
Statute of limitations

Removal; misconduct.
UNITED STATES GOVERNMENT. Unau-
thorized sale of property..

395
URY. Question of intent; pleading...

378
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..

. 196
Fraudulent representations as to value

336
Lien of vendor; priority of judgment...

418
Record of agreement; entries in index-notice.

515
VERDICT Receiving, in absence of defendent;

right to poll jury; Sunday not court-day; error..... 256

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P JBLICILANDS. Act of Congress ; military reser-

vation; dispossession of occupant; proof necessary;
evidence ; scope and effect of a patent

333
RAILROAD. Fences; injury to cattle ; onus on
plaintiff; non-suit proper.

318
Exemption froin liability for negligence; riding on
free pass in drawing-room car..

302
Fencing tracks ; killing stock.

416
General words in grant; right of way ; purposes of
railway

437
Implied liability of adult to pay child's fare.

22
Lease to another railroad valid ; lessor not liable for
injuries to passengers

203
License fees ; construction of statute; repeal of; re-
pealing act restores; action for fees....

195
See Eminent Domain ; Negligence.
RECEIVER Contract with; successor not liable;
claim as against fund..

498
Insolvent railroad ; liability on contract of predeces-

177
Liability for negligence..

490
RECEIVING STOLEN GOODS. Evidence ; ac-

count given by the prisoner; evidence to negative.. 19
RECORDING ACTS. Constructive notice; pos-

session.
Leaving with recorder; indes no part of record.
REMOVAL OF CAUSE Action against adminis-
tration ; citizenship .

375
Averment of citizenship; trustee indispensable party 335
Case arising under laws of United States.

292
Citizenship; corporations.

496
Collusive transfer ; remanding case ; Act of March 3,
1875, 85; evidenco ; credibility of witness ; discretion
of court

397
Enjoining State court.

98
Joint debtors in a mortgage ; non-resident mortgagor, 93
REPLEVIN. Custodia legis

130
Damages; attorney's fees; no exemplary damages

against sheriff; chattel mortgage; void; hinder and
delay...

377
Excessive tax

138
REWARD. For apprehension of thief; owner of
horse apprehending hirer who has sold it

182
SALE Conditional; meaning of words ; question

for jury; practice; submitting case; weight of evi-
dence..

138
Chattel; particular uso ; implied warranty

132
Defective boiler ; warranty ; deceit

152
Delivery C. 0. D.

123, 163
Fraud; change of possession; agent.

58
Particular use ; warranty; waiver..

140
Oro by sample; rule in Pennsylvania; contract en-
tirety; damages; interest

459
Warranty; election of vendeo to rescind; damages

417
Warranty of quality ; severable contract; right to re-
scind

417
Warranty; when not implied.

403
Stoppage in transit

378
SCHOOLS. Regulation that scholars shall lug wood, 402
SHERIFF. Trespass ; fraud..

58
SHIP AND SHIPPING. Admiralty jurisdiction ;

part owners of steamboat; accounting; sale : State
court

318
Charter; party; stipulation as to sailing,

333
Collision; observing lights: mutual fault; negli-
gence ; deckhand injured; several liability

136
Maritimo lien ; supplies; ship's agents; secret agree-
ments with stevedore..

96
Pilots ; duty of; unknown obstructions; costs

96
SLANDER. Charge of crime ; justification; proof
eyond a reasonable doubt....

417
Privilegod communication; as to character of school
teacher by resident of district..

462
Seo Ibatement; Libel.
SPECIFIC PERFORMANCE. Benent of third
person; possible benefit not suficient..

213
Rescission

31
Purchaser objecting to title; defects in records cured
by parol....

13
Statute of frauds; part performance

392
STATUTE. Chinese immigration

317
Claim or demand”; deposit in insolvent bank 483
Construction; ballots on plain white paper" may be
on paper of unusual thickness.

482
Construotion of ordinance ; auctions.

322
Implied repeal...

476
STATUTE OF FRAUDS. Parol agreement
partly performed.

316
Conveyance by father to son

418
memorandum

174
STATUTE OF LIMITATIONS. Action against

directors; by stockholder. Code Civ. Proc., 88 388,
394..

431
SUBROGATION Judgment note; lien..

298
SUNDAY. Promissory note; conflict of laws..

53
SURETY. Action on bond ; notice of default. 332
joint debtors; subrogation....

217
two debtors ; creditor ; accomodation note; mortgage, 58
TAXATION. Cemeteries not exempt from assess-
ments..

353

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WATER AND WATER-COURSES. Covenant
"house;" adjoining cellars; percolation.

437
License by ripariar owner to one off the stream;
injunction by lower proprietor....

202
Mill dams; reasonable use of water.....

247
Prescriptive right; equitable action to quiet title; in-
junction; pleading; joinder of defendants

290
WILL. After-acquired property; specific or residuary
gift.....

437
Conditional.

369
Conversion; direction for sale; discretion as to time of
sale

437
Devise in trust ; suspending power of alienation; re-
fusal to accopt provision in lieu of dower..

251
Devise ; life estate

413
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..

433
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.

476
Esecutory devise; dying without issue..

275
Gift to a class ; distribution per capita..

98
Heirs and next of kin; husband

35
Provision requesting services ; liability of estate for
discharge

218
Public charity: condition subsequent; perpetuities 405
Remainder; life estato..

499
Trust; payment of income.

435
--; power of disposal .

34

WILL-Continued.

Page.
Undue influence; declaratious of testator..

98
Widow receiving routs; account; taxes and insurance. 476

See Advancement.
WITNESSCredibility of, for jury ; defendant in

own behalf; accomplice; conviction on evidence... 499

WITNESS--Continued.

Page.
Reputation; practice on impeaching....

415
See Arrest.
WRIT OF ERROR. Compromise ; after judge
meut; dismissal..

494
Negligence; mail agent not passenger.....

495

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