INDEX. Abatement. See DEATH; NUISANCES. by another action pending, p. 948, § 385, note. transfer of interest pending action, p. 918, § 385, note. Accident Insurance. See INSURANCE. Accord and Satisfaction-validity and effect of, p. 895, Account. See EXECUTORS AND ADMINISTRATORS; INTEREST. note. complaint on, sufficiency, p. 976, § 853, note. Account Stated - impeaching for fraud or mistake, p. Accretion-passes by deed, p. 864, § 1014, note. to whom belongs, p. 864, 1014, note. Acknowledgments-act to legalize, p. 866, § 1180, stat. 924, certificate is presumed to accord with the facts, p. 867, county, statement of, in certificate, p. 866, 1181, note. married women, acknowledgment of, p. 866, § 1186, note; married woman, executory contract of sale by a, must be power of attorney executed by a partnership, p. 866, transposition of grantor's initials in, p. 866, § 1185, note. AND ADMINISTRATORS. Administrators. See EXECUTORS AND ADMINISTRATORS. Adulteration. See CRIMINAL LAW. Advancements. See WILLS. Adverse Possession-adverse user is a question of fact, p. 941, § 321, note. between co-tenants, p. 940, $318, note. between grantor and grantee, p. 941, § 318, note. Adverse Possession-Continued. between landlord and tenant, p. 941, 326, note. by Roman Catholic archbishop, p. 845, § 602, note. entry under color of title, p. 941, § 322, note; § 323, note. finding as to, p. 941, § 321, note. for requisite time confers title, p. 940, § 312, note. notice of, p. 941, § 321, note. offer of adverse possessor to buy paper title, p. 941, § 321, note. of shares of stock by pledgor, p. 919, § 2988, note. railroads improving land outside road-bed constitutes, street, adverse possession of, p. 190, § 2731, note. taxes, amendment as to payment of, is not retroactive, taxes, payment of, p. 941, § 325, note. tenant, adverse possession by, p. 902, § 1948, note. trustee, adverse possession by, p. 905, § 2283, note. water, adverse possession and user of, p. 941, § 321, note. Affidavit of Merits. See VENUE. Affidavits-jurat to affidavit, p. 1034, § 2009, note. acknowledgment and recording of power of attorney, p. agent cannot convey in his own name, p. 906, § 2322, note. authority of one in charge of water-works, p. 906, § 2319, note. authority of special agent, duty to know, p. 906, § 2318, note. authority of superintendent of mine, p. 906, § 2319, note. authority to execute deed, what necessary to create, p. authority to sell personalty, what included in, p. 906, authority to sell realty, what included in, p. 906, § 2324, authority, want of, who cannot set up, p. 905, § 2309, note. death of principal terminates authority, p. 906, § 2355, note. declarations of agent, p. 906, § 2330, note. duty to inform principal, p. 906, § 2320, note. estoppel to deny agency arises, when, p. 905, § 2295, note. instructions disregard of, p. 906, § 2333, note. Agency-Continued. liability of agent, p. 906, § 2355, note. liability of principal for agent's acts, p. 906, § 2338, note. notice to architect, p. 906, § 2332, note. overdrafts by agent to pay defalcations, p. 906, §2334, note. payment of note to supposed agent, p. 922, § 3164, note. power of attorney coupled with interest, p. 907, § 2356, note. power of attorney is special, when, p. 905, § 2297, note. purchase by agent, p. 906, § 2322, note. ratification of agent's acts, p. 905, § 2310, note. repudiation of agent's contract in part, p. 905, § 2310, note. trustee, agent liable as, when, p. 906, § 2355, note. Agriculture-acts to form agricultural districts, pp. 167, appointment and qualification of director of state board, Alcalde Courts - probate court was not made the successor Alibi. See CRIMINAL LAW. Aliens need not appear in person to claim property, p. 999, Alteration of Instruments-interest, insertion of rate of, immaterial alterations do not affect note, p. 899, § 1700, note. Amendment. See PLEADING AND PRACTICE. Animals. See RAILROADS. bounty on coyote scalps, p. 1094, stat. contagious or infectious diseases among, act to prevent, disposition of hides of cattle killed or slaughtered, p. infected to be killed, p. 1050, § 4022. lien in favor of owners of animals used for propagating Answer. See PLEADING AND PRACTICE. Appeals. See CONTEMPT: ESTATES OF DECEDENTS; FORCIBLE advancement of appeal on calendar, p. 931, § 53, note. Appeals-Continued. appealable judgments and orders, pp. 981, 982, §963, note. appellate jurisdiction in misdemeanor prosecuted by in- argument of counsel, p. 931, § 53, note. authentication of bill of exceptions, p. 1071, § 1171, note. bill, amendment or modification of, p. 965, § 650, note. bill is allowable on trial of issue of law, p. 965, § 650, note. bill, request for allowance of, p. 965, § 650, note. bill, stipulation dispensing with, p. 966, § 650, note. bond to stay execution, p. 978, § 945, note. certificate of probable cause, p. 1074, § 1243, note. certification, authentication, and identification of papers, challenge for bias, review of, p. 1070, § 1170, note. costs on. See COSTS. damages where appeal taken for delay, p. 980, § 957, note. dismissal because judgment satisfied, p. 979, § 954, note. dismissal, insufficiency of transcript, p. 979, § 954, note. dismissal, irregularities on motion for new trial, p. 979, dismissal, motion for by personal representative, p. 980, dismissal, motion for, when and how made, p. 979, § 954, dismissal of, p. 1075, § 1248, note. dismissal of appeal by county, p. 980, $ 954, note. dismissal of appeal from judgment by consent, p. 1980, dismissal on court's own motion, p. 979, § 954, note. dismissal, want of jurisdiction in lower court, p. 979, divorce proceedings, appeal in, p. 824, § 148, note. Appeals-Continued. ejectment, right of possession pending appeal, p. 974, entry of judgment in court below, p. 981, § 958, note. error against party not appealing, or not affecting appel- errors not affecting substantial rights, p. 1075, 1258, note. failure of clerk to enter order modifying judgment, p. 981, failure to appeal in time goes to jurisdiction, p. 976, § 939, note. frivolous or vexatious, p. 980, 954, note. from justice's court. See JUSTICES OF THE PEACE. how taken when no means prescribed, p. 977, § 940, note. note. judgment roll must be embodied in transcript, p. 968, justice's court, appeals from. See JUSTICES OF THE PEACE. non-appealable order, how reviewed, p. 965, § 650, note. notice, designation of order or judgment, p. 977, § 940, note. notice, parties entitled to, p. 977, § 940, note. notice, service of by mail, when proper, p. 983, 1012, note. nuisance, review on appeal from judgment, p. 926, § 3501, note. objections not raised below, p. 980, § 956, note. power of superior court after reversal, p. 1075, § 1260, note. premature appeal, p. 977, § 939, note. presumptions on appeal, p. 931, § 53, note; p. 1075, § 1258, note. proceedings taken with consent not reviewed, p. 932, § 53, note. provision requiring decision within sixty days is direc- reasons and opinion of lower court, p. 931, § 53, note. record on appeal, p. 1075, § 1246, note. record, appeal from order on motion for new trial, p. 979, |