References are to pages.

ACKNOWLEDGMENT (continued):

of married women, 192.

mandamus to compel amendment of, 191.

impeachment of, 189, 192.

conclusiveness of, 189, 192.

fraud in procuring, 189.

reformation of, in equity, 191.

of agent, when binding on the principal, 100-103
(see also ADMISSIONS.)

ACKNOWLEDGMENT OF GOVERNMENT:
judicial notice of, 378.

ACKNOWLEDGMENT OF PAYMENT:

evidence of, 86, 87.

of firm debt, after dissolution, 93, 94.

ACQUAINTANCE:

of witness with handwriting, 195.

of witness with party at telephone, 122,

ACQUIESCENCE:

as an estoppel, 111-123.

presumption from, 341.

ACQUITTAL:

of witness, admits incriminating questions, 522.
of accomplice, its effect, 434.

ACTS:

of congress, judicial notice of, 374–376.

of executive officials, 379.

estoppel from, 118-122.

of untruthfulness to impeach, 506.

(see also ADMISSIONS.)

ACTUAL KNOWLEDGE:

when witness must have, 64.

ADDITIONAL CONSIDERATION:
parol evidence of, 306.

ADEQUACY OF CONSIDERATION (see CONSIDERATION)
ADMINISTRATOR:

exclusion of interested witnesses in actions against, 436-439
(see also PERSONAL TRANSACTIONS.)

admissions by, 91, 109.

before appointment, 100.

"ADMISSIBLE:"

defined, 14, 15.

ADMISSIBILITY OF EVIDENCE:

of collateral facts, 17-19.

of motive, etc., 20-24.

of character, 24-27.

ADMISSIONS:

References are to pages.

definition and character, 88, 89.

privity as affecting, 89, 90.

parties whose admission is received; joint interest, when required,
90, 91.

of partners, their effect, 92-94.

declarations of conspirators, 94–96.

assignor and assignee, 96, 97.

wife's admission, when binding on husband, 97, 98

of inhabitants of towns, 99.

of strangers to the record; principal and surety, 99, 100.

of agents, 101–104.

by attorneys of record, 104, 105.

offers of compromise; admissions under duress against interest, 106,
107.

in pleadings, 107, 108, 109.

by reference, 109-111.

from conduct and assumed character, 111.

self-serving declarations, 111-113.

mode of proof; nature of the admissions, 114-116.

weight and sufficiency of admissions, 116,

when conclusive; mistake, 116-118.

estoppel defined, 118-120.

intention of party estopped, 121, 122.

admissions and communications sent and received by telephone, 122,

123.

to prove handwriting, 186, 187.

to prove an express trust, 400.

distinguished from declarations against interest, 162.

(see also DECLARATIONS.)

ADMISSION AS PRIMARY EVIDENCE, 58.

ADMISSION OF CAUSE OF ACTION:

must be seasonable, 393.

ADMISSION OF INCOMPETENT EVIDENCE:
when not ground for new trials, 544, 545.

ADOPTION:

agreements of, 406.

certificate of, as evidence, 211.

ADULTERY:

relevancy of evidence to show, 22, 24.

presumption of continuance of, 350.

condonation of, burden of proof, 390.

incompetency of husband and wife on trial of issue of, 248.
ADVANCEMENTS:

parol evidence to rebut presumption of, 315.

ADVERSE EVIDENCE:

bringing out on cross-examination, 485.

ADVERSE INTERESTS:

References are to pages.

as disqualifying witnesses, 444.

ADVERSE PARTY:

as witness, when he may be impeached, 501, 502.

ADVERSE POSSESSION:

husband and wife claiming by, 98.

presumptions from, 338–340.

resulting from parol partition, 399.

ADVERSE WITNESS:

impeachment of, by showing his bad reputation, 504.
ADVERTISEMENT (see NEWSPAPERS).

ADVICE:

confidential, from attorney, 250-254.
evidence to show taking, 66-68.

to show good faith, 67.

AFFECTION:

evidence to show signs of, 270.

AFFIDAVIT:

affidavits and depositions defined and distinguished, 526.

parties to, 526, 527.

formal requisites of, 527, 528.

language of, 529.

in denial of genuineness of writing, 187.

to prove service of subpoena, 414.

necessity of, to obtain continuance, 419.

what facts must be shown in, 419.

to procure attachment for a witness, 419, 420.
AFFINITY:

in declarations of pedigree, 72.

agency, not created by, alone, 97, 98.

AFFIRMATION:

defined, 449.

form of, 449, 450.

(see also OATH.)

AFFIRMATIVE:

burden of proof on party alleging, 381, 386.

AFFIRMATIVE DEFENSE:

right to open and close in case of, 393.

AGE:

evidence of, 216.

opinion of, 269.

family reputation as to, 75.

evidence of, from inspection, 75.
inspection by jury to determine, 494.
of document, 148.

References are to pages.

AGENCY:

scope of, 101.

presumption of continuance of, 349.

proof of, by agent, 101-104.

between husband and wife, 97, 98.

among partners, 92-94.

of railroad employees, 103.

none from relationship, 97, 98.

usage to explain, 316, 317.

of speaker at telephone, 123, 123.

of telegraph company, 54.

creation by parol, 403.

proof by admissions, 104.

AGENTS:

declarations and admissions, 101–103.

AGREEMENTS (see ALTERATIONS; AMBIGUITY; ADMISSIONS; PAROL EVI-

DENCE; CONSIDERATION; SEALS, etc.).

ALCOHOLIC LIQUORS:

judicial notice of, 371.

ALIAS (see ASSUMED NAME).

ALIBI:

reasonable doubt in cases of, 12.
burden of proof to show, 384-386.
what must be shown, 385.

(see also ABSENCE.)

ALIEN (see NATURALIZATION).

ALLEGATIONS:

when formal, 38, 39.
when descriptive, 36, 37.

ALLOWANCE:

of time, to witness, 413.

ALMANACS:

to show sunrise, 218.

as evidence, 217.

court may use to refresh recollection, 218, 380.

ALTERATIONS IN WRITINGS:

defined, 178.

distinguished from spoliation and from cancellation, etc., 178.

when material, 179.

in conveyances, 180.

fraudulently made, 180.

before delivery, 180.

blanks in writings, 180, 181.

presumptions as to date of, 181, 182

suspicions caused by, 181.

References are to pages.

ALTERATIONS IN WRITINGS (continued):

by consent, 180.

testimony of expert to, 204.

in contracts, burden of proof, 387.

ALTERNATIVE CONTRACT:

proof of, under allegation of absolute contract, 40.

AMATEUR PHOTOGRAPHS:

their admissibility, 60.

AMBIGUITIES:

defined, 323.