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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
favor, 372, 375.

FRAUDULENT TRANSFERS, administrators or executors, author-
ity of to attack, 177.

intent to defraud is essential to, 824.

GAME LAWS, constitutionality of statutes prohibiting the traffic
in or taking of game, 247.

GARNISHMENT, property beyond the state is not subject to, 751.
HOLIDAYS, computation of time, when should be excluded and
when included, 380.

HUSBAND AND WIFE, gift from her to him, when not inferable
from deposit of her money to their joint account, 42.

INTERSTATE COMMERCE, extent to which acts in may and may
not be declared criminal, 251, 252.

sale of goods by agent of nonresident principal, when not
deemed to be, 933.

INTOXICATING LIQUORS, constitutionality of laws prohibiting
the importation and sale of, 253-255.

JUDGMENT, assignee is chargeable with notice of facts appearing
by the record, 55.

assignment of, caveat emptor is the rule of, 51.

assignment of, did not entitle the assignee to sue or to main-
tain any proceeding in his own name at the common law, 47.
assignment of, did not pass the legal title at the common law,
47.

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,
and securities of the assignor, 49.

assignment of, entitles the assignee to use the assignor's name,
47.

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
upon the bond, 50.

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,
54.

assignment of, subsequent assignee, though without notice,
takes no title, 51.

assignment of, supplementary proceedings, right to pursue
passes by, 50.

assignment of, terminates assignor's right to control the pro-
ceedings under, 50.

assignment of, to a person primarily bound to pay it, 51.
assignment of, undertaking on appeal, right to recover upon,
whether passes by, 50.

assignment of, vacating of judgment after, 51.

assignment of, valid where made is valid in all other states, 48.
assignment of, warranty implied from, 48, 49.

assignment of, whether is subject to rights of setoff, 53, 54.
assignment of, without recourse, 48, 49.

assignor of, liability of to his assignee, 48.

JURY TRIAL, withdrawing a juror, effect of in criminal cases, 782.
withdrawing a juror, effect of in the United States, 781.

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-
ment, 781.

withdrawing a juror, termination of litigation was implied by
in England, 781.

MARRIAGE, breach of promise, damages, excessive, when verdict
will be set aside because of, 923.

breach of promise, elements of damages to be considered in
suits for, 923.

MARSHALS of the United States, liability of sureties of, 423, 424.
MONTHS, computation of, how to be made, 384, 385.

MUNICIPAL CORPORATIONS, crimes, power of to declare acts
to be, 271-273.

police power cannot be exercised by unless delegated by the
legislature, 271.

NEGLIGENCE, contributory, in attempting to save human life,

NEGLIGENCE of electric light corporations in failing to insulate
their wires, 446.

presumption of on the part of carriers of livestock, 690.

NUISANCES, power of the legislature to declare what are and to
punish, 256, 257.

OFFICIAL BONDS, sureties of marshals of the United States, lia-
bility of, 423, 424.

sureties of sheriffs and constables, acting under void process,
423.

sureties of sheriffs and constables, acts for which answerable,

421.

sureties of sheriffs and constables, liability of for levying upon
property of one person under a writ against another, 424,
425.

sureties of sheriffs and constables, liability of for personal in-
juries, 421.

sureties of sheriffs and constables, liability of for trespass, 423.
sureties of sheriffs and constables, liability of for unlawfully
breaking open doors, 423, 424.

sureties on are answerable for acts done by authority of office,
420.

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,
421.

sureties on, tests of liability of, 420.

sureties on, whether answerable for acts done under color of
office, 420-422.

OLEOMARGARINE, constitutionality of statutes prohibiting im-
portation and sale of, 251, 257, 258.

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-
cise of, 237.

definition of, 236.

is left to the states, 236.

laws enacted in the professed exercise of must be police regu-
lations in fact, 237.

limitations upon the exercise of, 237, 270.

necessity for the exercise of must be determined by the legis-
lature, 238.

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
commerce, 237.

subjects of, 236.

PUBLIC OFFICE, difference between and an employment, 75.

REDEMPTION, computation of time within which may be made,
874.

SEAMEN, persuading to desert, statutes punishing, 259.

SHERIFFS, sureties of, liability of for levying upon property of
one person under a writ against another, 424, 425.

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.
SPECIFIC PERFORMANCE, executors, power of to enforce, 178.
STATUTE OF FRAUDS, demurrer, defense of, when may be made
by, 653.

denial of contract, when not a sufficient pleading of, 655, 656.
evidence, oral, must be objected to at the trial, 654.

general denial of a contract, is a sufficient pleading of, 654.
general denial, when a sufficient plea of, 651-654.

modes of pleading on the part of the defendant, 651.

“not guilty” is a sufficient pleading of in actions of trespass to
try title, 654.

part performance to take case out of must be specially pleaded,
649.

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,
649.

replication, general waives in equity, 649-651.

special plea of is essential when the contract is admitted, 657.
special plea of is not necessary when the complaint is by the

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.
waiver of on the part of the complainants by failing to plead,
649.

writing, complaint need not state contract to be in, 648.
writing, statutes requiring the pleading of, 648, 649.

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
excluded, 377-379.

SUNDAY LAWS, constitutionality of statutes respecting, 264, 265.
SURETIES, contribution, right of one to enforce from another, 65.
on official bonds, 420-425.

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-
cluded, 375.

computation of, fractions of a day are considered in determin-
ing priority of judgment and other liens, 383.

computation of, fractions of a day are considered in determining
priority of registration of instruments, 383.

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 regarded as a whole
day, 381, 382.

computation of, fractions of a day, when should be excluded,
380.

computation of, from or after a specified date, 375.

computation of, general rule is to exclude the first and include
the last day, 372.

computation of, holidays, when should be excluded, 880.
computation of, in contracts to deliver property between speci-
fied dates, 376.

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-
cluding the last, 372.

computation of, Sundays, when should be excluded, 377, 378.
computation of, Sundays, when should be included, 379.

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.
computation of, when an act is to be done from or after a
specified date, 373.

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