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.
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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