Accord without satisfaction. 25-625.
Application with consent of owner of pro-
ceeds of client's stock placed with at-
torney for sale in satisfaction of at-
torney's claim for services as an
accord and satisfaction. 25-120.
Conditions of ordinance undertaking to re-
imburse contractor for losses in per-
forming contract with city, necessity
of complying with, to make placing
in escrow by contractor of release,
in accordance with the terms of the
ordinance, an accord and satisfaction.
25-625.
Entire debt not satisfied by a receipt of
part of amount due in absence of new
and lawful consideration. 25-164.
By state, see STATE.
By United States, see UNITED STATES.
The dash in each citation stands for A.L.R.
Application of state compensation act to
injuries within admiralty jurisdic-
tion, see WORKMEN'S COMPENSATION.
Contract matters, admiralty jurisdiction
as depending upon the nature of the
transaction. 25-1008, 1021.
General statement as to extent of admiral-
ty jurisdiction. 25-1021.
Personal injury to one employed by char-
terer of vessel to oversee its loading
by stevedores and given charge of the
lighters delivering cargo as within
admiralty jurisdiction. 25-1018.
State's power to broaden or narrow limits
of admiralty jurisdiction. 25-1021.
Tort committed on vessel in process of
construction when lying in navigable
waters within state as within ad-
miralty jurisdiction. 25-1008.
Torts, admiralty jurisdiction in matters
of, as depending upon the locality.
25-1008, 1021.
Conveyance by life tenant and remain-
dermen in esse as cutting off interest
of unborn persons under devise for
life, with remainder to a class.
25-770 (case p. 766).
Powers of judge who has attained con-
stitutional age limit. 25-27 (case
p. 22).
Co-operative marketing of farm products,
see CO-OPERATIVE ASSOCIATIONS.
Evidence of, see EVIDENCE.
By demurrer, see PLEADING.
Of judgment, see JUDGMENT.
Italic type indicates points with annotation; roman type, points without.
ANIMALS.
Opinion evidence as to value of, see EvI-
Measure of damages for injury to or
killing of, see DAMAGES.
Killing or injuring of, on interurban rail-
way tracts, see INTERURBAN RAIL-
WAYS.
Damages for killing of pedigreed Jersey
bull, excessiveness of. 25-1496.
See MONOPOLY AND COMBINATIONS.
§ 1. In general; decisions reviewable.
Habeas corpus, right to, as affected by
right to appeal. 25-107.
New trial, appealability of order grant-
ing, on theory that erroneous con-
clusion of law was drawn from the
facts proved. 25-716.
Transfer of cause-effect of.
Witnesses, right to cross-examine ac-
cused as to previous conviction of
crime for purpose of affecting his
credibility as affected by appeal from
the conviction. 25-348.
-joint or separate appeals.
Replevin, right of defendant to take a
writ of error separately from sureties
on forthcoming bond. 25-312.
security.
Time for giving, sufficiency of bond not
filed and approved until expiration of
time fixed by court but before expira-
tion of term. 25-164.
Record and case in appellate court-
findings.
Making up of a finding for appeal as a
judicial act. 25-22.
Objections and exceptions; raising
questions in lower court.
Parties, raising for first time on appeal
question of nonjoinder of the super-
visor of banking, in action to estab-
lish title to checks taken after in-
solvency of bank. 25-716.
– raising question by motion or other
mode.
Ex parte motion of accused to instruct
district attorney to refrain from
cross-examining him as to certain
matters, in case he takes the stand,
because of remoteness. 25-1359.
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Carriers, refusal to sustain finding of de-
fendant's negligence in that the brake-
man "did not fasten door back se-
curely" where it was conceded that
the car door was swinging freely and
not fastened back to the door catch.
25-1056.
Homicide, absence of proof of motive as
justifying setting aside verdict of
murder. 25-999.
Refusal to consider sufficiency of evi-
dence to support verdict where finding
has been approved by trial and ap-
pellate courts. 25-250.
Refusal to disturb finding of facts support-
ed by substantial evidence. 25-775.
"Special finding" which under statute will
permit review of findings of court
where jury has been waived. 25-1173.
What errors warrant reversal-as to
evidence.
Correct ruling of trial court upon de-
murrer to evidence as affecting right
to reversal for improper admission or
rejection of evidence. 25-212.
Dying declarations, error in admitting
statement by deceased that he was
shot for nothing. 25-1367.
Letter, error in admission of carbon copy
of letter without sufficient proof that
original was ever mailed. 25-5.
as to instructions.
Assuming facts. 25-879.
Automobile driver's negligence in killing
boy who collided with side of vehicle,
harmless error in instruction as to.
25-1508.
Homicide, failure to instruct jury to dis-
regard declarations of alleged co-con-
spirator, not made in presence of ac-
cused, where he is shown to have
made threats against deceased, and to
have been present when killing took
place, and to have assisted therein,
25-490.
The dash in each citation stands for A.L.R.
Degree of force that may be used in de-
fense of property. 25-497.
Bank's crediting amount to depositor's
account as precluding recovery back
of money paid to bank by mistake.
25-129 (case p. 120).
Basis of right to recover money paid un-
der mistake of fact. 25-120.
Change of position of payee as affecting
right to recover back money paid un-
der mistake of fact. 25–120.
Promise of one to whom money has been
paid by mistake to investigate and
let the payer know the result, as af-
fecting right to recover the money,
where promise was not relied on.
25-120.
Right of broker, who sells the wrong
stock and remits the funds to the
customer, to recover the proceeds on
the ground of mistake after the
customer has parted with the pro-
ceeds. 25-120.
By vendee of mortgagor, see MORTGAGE.
Italic type indicates points with annotation; roman type, points without.
As element of costs, see COSTS AND FEES.
As element of damages for wrongful at-
tachment, see DAMAGES.
Reference to, see REFERENCE.
Of documents or letters offered in evi-
dence, see EVIDENCE.
Liability for injuring one engaged about
an automobile in highway. 25-134.
Estoppel of owner of car who permits
dealer to have the car at his sales
place to assert title against bona fide
purchaser. 25–312.
Interstate commerce clause as affecting
state license tax. 25-37 (case p.
27).
Foreign corporations transporting pas-
sengers by motor vehicle as subject
to state license law. 25-27.
Legislative power to impose privilege tax
on automobiles and exempt them from
payment of ad valorem tax. 25-27.
Nature of license tax. 25-27.
Presumption of reasonableness of license
Tender of amount admitted to be due as
condition of right of one attacking
license fees. 25-27.
Negligence in use of; injuries by.
Liability for injury to pedestrian collid-
ing with side of automobile. 25-
1513 (case p. 1508).
Instructions in action for injury, reversi-
ble error as to. 25-1508.
Looking laterally to discover whether
pedestrians are in danger, driver's
duty as to. 25-1508.
Warning pedestrian who, oblivious of
danger, is about to collide with ve-
hicle, driver's duty as to. 25-1508.
- contributory negligence.
Colliding by pedestrian with side of
automobile as contributory negli-
gence. 25-1513.
Contributory negligence of one injured
while engaged about an automobile
in highway. 25–136 (case p. 130).
The dash in each citation stands for A.L.R.
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