EXECUTORS, statute of limitations, new promise by to take case out of, 189. statute of limitations, waiver of by, 188. stocks, investments in by, 199. trover by before probate of the will, 172. FOODS, adulteration of, statutes punishing, 261, 262. FORFEITURES, computation of time should be made so as not to FRAUDULENT TRANSFERS, administrators or executors, author- intent to defraud is essential to, 824. GAME LAWS, constitutionality of statutes prohibiting the traffic GARNISHMENT, property beyond the state is not subject to, 751. HUSBAND AND WIFE, gift from her to him, when not inferable INTERSTATE COMMERCE, extent to which acts in may and may sale of goods by agent of nonresident principal, when not INTOXICATING LIQUORS, constitutionality of laws prohibiting JUDGMENT, assignee is chargeable with notice of facts appearing assignment of, caveat emptor is the rule of, 51. assignment of, did not entitle the assignee to sue or to main- assignment of, effect of in equity, 47. assignment of, effect of under American statutes, 47, 48. assignment of, entitles the assignee to all the rights, remedies, assignment of, entitles the assignee to use the assignor's name, assignment of, equities to which subject, 52, 53, 55. assignment of, in bad faith, 51, 52. assignment of, is subject to existing equities between the orig- inal parties, 52. } assignment of judgment for purchase price of land carries the vendor's lien, 48. assignment of judgment in replevin passes the right to recover JUDGMENT, assignment of, leaves no attachable interest in the assignor, 50, 51. assignment of, liens passing by, 49. assignment of, part of a judgment, 56. assignment of, passes the debt or other cause of action on which the judgment is founded, 49, 50. assigument of, reversal or vacating of judgment after, 55. assignment of, rights passing by, 49. assignment of, setoff, right of, when exists notwithstanding, 53, assignment of, subsequent assignee, though without notice, assignment of, supplementary proceedings, right to pursue assignment of, terminates assignor's right to control the pro- assignment of, to a person primarily bound to pay it, 51. assignment of, vacating of judgment after, 51. assignment of, valid where made is valid in all other states, 48. assignment of, whether is subject to rights of setoff, 53, 54. assignor of, liability of to his assignee, 48. JURY TRIAL, withdrawing a juror, effect of in criminal cases, 782. withdrawing a juror, grounds for permitting, 782, 783. withdrawing a juror, results accomplished by, 781. withdrawing a juror does not entitle either party to any judg- withdrawing a juror, termination of litigation was implied by MARRIAGE, breach of promise, damages, excessive, when verdict breach of promise, elements of damages to be considered in MARSHALS of the United States, liability of sureties of, 423, 424. MUNICIPAL CORPORATIONS, crimes, power of to declare acts police power cannot be exercised by unless delegated by the NEGLIGENCE, contributory, in attempting to save human life, NEGLIGENCE of electric light corporations in failing to insulate presumption of on the part of carriers of livestock, 690. NUISANCES, power of the legislature to declare what are and to OFFICIAL BONDS, sureties of marshals of the United States, lia- sureties of sheriffs and constables, acting under void process, sureties of sheriffs and constables, acts for which answerable, 421. sureties of sheriffs and constables, liability of for levying upon sureties of sheriffs and constables, liability of for personal in- sureties of sheriffs and constables, liability of for trespass, 423. sureties on are answerable for acts done by authority of office, sureties on are not answerable for extraofficial acts, 422. sureties on, liability of for illegal arrest, 421, 422. sureties on, liability of for torts committed under color of office, sureties on, tests of liability of, 420. sureties on, whether answerable for acts done under color of OLEOMARGARINE, constitutionality of statutes prohibiting im- OPTIONS, statutes prohibiting dealings in, 259. PLEADING, statute of frauds, how to be raised by, 648-658. POLICE POWER cannot excuse oppressive or unjust legislation, 237. constitutional rights cannot be abridged by the professed exer- definition of, 236. is left to the states, 236. laws enacted in the professed exercise of must be police regu- limitations upon the exercise of, 237, 270. necessity for the exercise of must be determined by the legis- of Congress in the District of Columbia, 236. POLICE POWER, reasonableness of the exercise of is a question for the courts, 238. states are not deprived of by the power of Congress to regulate subjects of, 236. PUBLIC OFFICE, difference between and an employment, 75. REDEMPTION, computation of time within which may be made, SEAMEN, persuading to desert, statutes punishing, 259. SHERIFFS, sureties of, liability of for levying upon property of sureties of, liability of for personal injuries, 421. sureties of, liability of for trespass of, 423. sureties of, liability of when acting under void process, 423. denial of contract, when not a sufficient pleading of, 655, 656. general denial of a contract, is a sufficient pleading of, 654. modes of pleading on the part of the defendant, 651. “not guilty” is a sufficient pleading of in actions of trespass to part performance to take case out of must be specially pleaded, pleading of on the part of the defendant, 650. pleading, rules of are not affected by, 648. pleading, special facts taking the case out of must be alleged, replication, general waives in equity, 649-651. special plea of is essential when the contract is admitted, 657. common counts, 652. special plea of is required in some of the states, 651. special plea of, what sufficient, 657, 658. waiver of by not objecting to oral evidence at the trial, 654, 655. writing, complaint need not state contract to be in, 648. STATUTE OF LIMITATIONS, agent, when begins to run in favor of, 123. computation of time for the purposes of, 374. executors' waiver of, 188. trustees, when begins to run in favor of, 123. SUNDAY, computation of time, when should be included and when SUNDAY LAWS, constitutionality of statutes respecting, 264, 265. TIME, computation of calendar months, 385. computation of days, 385. computation of, excluding the first day, 372. computation of, for the filing of mechanics' liens, 874. computation of, for the service of notices, 374, 375. computation of, first and last days, when both should be ex- computation of, fractions of a day are considered in determin- computation of, fractions of a day are considered in determining computation of, fractions of a day, when disregarded, 380. computation of, fractions of a day, when recognized, 382, 383. computation of, fractions of a day, when should be excluded, computation of, from or after a specified date, 375. computation of, general rule is to exclude the first and include computation of, holidays, when should be excluded, 880. computation of months, 384, 385. computation of, no universal rule for, 372. computation of, solar time as the standard, 386. computation of, statutory rules excluding the first day and In- computation of, Sundays, when should be excluded, 377, 378. computation of, to save forfeitures, 372, 375. computation of, under contracts of infants, 374. computation of, under leases, 374. computation of, under negotiable instruments, 374. computation of, under the statute of limitations, 374 computation of weeks, 384. computation of, when an act is to be done within a time speci- fied, 386. computation of, when a party has until a time specified, 886. |