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in that case does not appear from the report, and the court decides only "that a party can not aid his pleadings by his proofs," and does not hold expressly that the bringing of suit was not an election to declare the principal sum due.

Moreover, there is no specific objection to the master's report nor exception thereto upon the hearing before the chancellor, which points out the lack of any particular allegation in the bill. The only objection and exception in this regard is: "Said master's report and conclusion are not supported by the allegations of the bill of complaint." It is well settled that objections and exceptions to the master's report must be specific in order to avail an appealing party in a court of review. The objection and exception are too general. Had they been specific, the bill might have been amended.

Appellant claiming no other cause of error in his argument, we are of opinion that the decree of the Superior Court should be and it is affirmed.

TOPICAL INDEX, VOL. 105.

A

ABATEMENT-Pleas in..

485

ACCOUNT STATED-Sent to defendant in the usual and custom-
ary way...

615

ACTIONS-Given to personal representatives of deceased for death

by negligent act...

Nature of cause of action is shown by declaration..
ADMINISTRATION OF ESTATES-Beneficiaries should contrib-
ute to the payment of debts of the estate pro rata..........
Refunding bond after expiration of two years allowed by stat-
ute for exhibit of claims...

Refunding bonds.....

ADMINISTRATOR-Term construed.....

Right and authority to control and settle suits..

ADULTERY-Several statements taken together charging plaint-
iff with, is slander....

AFFIDAVIT OF MERITS-Extension of time in which to present

an amended affidavit....

1

481

23

369

369

1

1

9

117

Plea to declaration supported by..

ALIMONY-Defined.....

117

182

Order to pay for support of child is not..

APPEALS-Only persons who are parties to the judgment ap-
pealed from need be summoned...

182

625

From judgment rendered by a person possessing no judicial
powers.....

46

Under Sec. 58 of the levee act.

28

APPELLATE COURT PRACTICE-Pleas in abatement.......

Verdict manifestly against the weight of the evidence....
Right of prevailing party where court is asked to set aside a
verdict....

May always consider the sufficiency of evidence to support the
verdict.

485

518

... 615

462

Where the judgment has been erroneously entered..
Duty to set aside verdicts which are the result of passion and
prejudice.....

638

168

Must review correctness of instructions notwithstanding no
motion for a new trial appears in bill of exceptions.....
ATTACHMENT-Waiver of tort by bringing action in...

65

196

B

414

BANKRUPTCY—Section 70 (e) of the national bankruptcy law.. 414
Purpose of section 57 (e) of the national bankruptcy law...
Section 11 (b) and (c).......

414

Order upon a father to support his child of tender years...... 182
Order to reimburse a stranger for past support of child is dis-
charged by.....

BANKS AND BANKING-Custom will not excuse a collecting
bank from exercising all reasonable diligence..........
Particular custom of bank must be known to customer to be
binding upon him..

Banker must use ordinary care in making loans.
BENEFIT CERTIFICATES-Prima facie case in suit on.......
BILL OF EXCEPTIONS-Appellate Court must review instruc-
tions even where no motion for a new trial appears in......
BILLS AND NOTES-Indorser coming again into possession of
note...

182

224

224

52

267

65

155

BOARD OF TRADE-Power of courts to review finding of the
board of directors.....

373

BREACH OF PROMISE-Evidence of seduction admissible in... 249
Damages in actions for.......

249

BURDEN OF PROOF-Upon railroad company to show due care
to prevent setting fires by sparks....

67

Upon defendant to meet a prima facie case.

267

Upon one claiming a forfeiture..

283

BY-LAWS-Courts will not interfere to control enforcement.

290

Section 6 of rule 20 of the board of trade illegal.....

373

Must be authorized by charter.....

373

C

CARRIER OF PASSENGERS-Care to be exercised for the pro-
tection of persons alighting from and boarding trains at sta-
tions.....

CAVEAT EMPTOR--Applies to judicial sales..

Sales.

CERTIORARI--Officer's return as to service is conclusive....
CHANCERY JURISDICTION-County Court has not conferred
upon it any general chancery jurisdiction.....

16

130

107

611

48

CHANCERY PRACTICE-Power of trial court upon case being

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CHATTEL MORTGAGES-What must be shown in order to im-

peach.....

634

CIRCUMSTANTIAL EVIDENCE-Instructions..

104

CITIES AND VILLAGES-Right under police power to require

railroads to elevate tracks.....

217

Act of May 10, 1901, in regard to disconnecting territory from
city......

116

Granting privileges of streets to telephone company need not
be by ordinance.....

146

146

46

Company given license to operate telephone system in streets
has a vested right therein....
CITY CHARTERS-Provisions repealed by state constitution.....
COMMISSIONS-Person procuring customer in response to an
offer of a broker to divide his commission must show accept-
ance by both upon conditions of offer......
COMMON CARRIERS-Operator of a passenger elevator is liable as 544
Have no right to change freight rate after the shipping con-
tract is made......

Have a right to restrict liability...

Have a right to limit time for presenting claims..

255

89

54

54

CONDEMNATION-Extension of street across railroad-What

right the city acquires.....

137

CONSIDERATION-Mutually executory contracts may be abro-
gated by agreement of the parties without..
CONTRACTS-Carrier has no right to change freight rate after
shipping contract is made.....

426

89

Defaulting party liable for increased cost of obtaining mate-
rial elsewhere...

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Prior parol agreements can not vary the terms of the written
contract...

326

Rules of contract apply to payment of rewards..

255

Mechanic's lien.....

358

Can be rescinded only where a substantial restoration can be

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CORPORATION ACT-Who may file bill under section 25 of.... 272

Liability of stockholders under section 25.......

272

CORPORATE NAMES-Section 220 of the criminal code........
CORPORATIONS-Can not be deprived of property without a
hearing.

525

604

What must be shown to establish a corporation de facto...... 604

CORPORATIONS.

Continued.

For what purposes they may be formed.......

604

How the question of legal organization may be determined... 604
A contractor to pay a director will not be implied against a
corporation.....

What powers are conferred by charter..

238

373

Right to the use of its name.

Specific performance of an agreement to organize.
Legality can not be attacked collaterally......

525

495

663

COSTS-Construction of word, as used in municipal incorporation

law...

COUNTY COURT-Has not conferred upon it any general chan-
cery jurisdiction......

Power to settle and distribute the personal estate of deceased
persons

COURTS-Mere form of application is not material.....

353

48

49

49

Presumptions that their proceedings are regular.
CRIMES-Equity will restrain one who seeks to avail himself of.. 373
CROPS-Measure of damages for destruction......

367

209

CUSTOM-Will not excuse a collection bank from exercising all
reasonable diligence....

224

Particular custom of bank must be known to customer to be
binding upon him...

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DEBTOR AND CREDITOR-Conveyance to defraud creditors....
Right to prefer creditor..

DEDICATION-Of a public street across a railroad right of way—

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626

626

... 238

363

72

DEMAND─Of payment of promissory note-When necessary.
Promissory note made payable at a particular place......
DIRECTORS-Of corporations-Contract to pay will not be im-
plied.....

DIVORCE Reversal of decree of Circuit Court does not affect
order to pay solicitor's fees.....
DRAM-SHOPS-Keeper liable to child deprived of support through
liquors sold to the father..

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