PAGE. ........ 897 946 165 449 45 CHARGE OF COURT-Continued. when reduced to writing error to give oral instructions........... single fact-negligence........ CHATTEL MORTGAGE (see Mortgage.) title passes without delivery-levy......... sale-delivery...... CLERK OF Court- liability on bond for breach of duty........ CODICIL (See Will.) COMMON CARRIER- stoppage of goods in transitu........ injury to goods-reception and payment of freight............... must carry goods of other carriers...... payment of charges and receipt waiver of damages..................................................... duty of consignee-delivery of wrong goods........ COMMON LAW- presumed to prevail in sister state........ CONFLICT OF LAWS- rights in foreign real property CONSIDERATION- for note when may be inquired into............ CONSPIRACY-- evidence of statements of one conspirator against others.......... right to charge fees in all of series of suits..... recommendation of state bar association as to. appropriation of street for private use......... CONSTITUTIONAL LAW- act rendering will void where testator dies within year............... 799 424 provisions as to legislative procedure-whether mandatory or PAGE. CONTRACT rescission-fraud that will authorize purchaser to rescind............ 53 ................... when specific performance of, not decreed.. when specific performance decreed measure of damage for failure to furnish goods uuder for money-averment of demand.......... mistake in may be shown by parol and corrected in equity........ 27 27 209 818 54 55 joint obligors-survivorship... novation-services rendered third persons time of essence-co-obligors-fraud-third persons with knowl- marriage brokerage-validity...... executory-plaintiff must show performance or offer to perform 53 CONTRIBUTORY NEGLIGENCE-(see Negligence; Master and Servant.) stepping from moving train 248 CORPORATION-(See Religious Corporation.) dissolution-plea in abatement... 845 consolidation of two-rights of bond-holders....... right to purchase its own stock....... how vote of directors fixing their own compensation annulled ... 889 917 power of individual member to bind. ..... 918 ......................... right of transferee of unrecorded stock to vote at corporate elec- 918 cannot contract until brought into being.. 946 forged transfer of stock-warranty—damages 845 liability of stockholders-may be enforced at law-remedy in other states..................... 846 liability of pledgee as stockholder 779 subscription to stock-method of payment-set-off. action by stockholders against officer for mismanagement.......18, 165 166 CORPORATION-Continued. lien on shares of stock power of individual members COSTS- junior judgment-distribution.......... payment before change of venue granted............... COUNTY-- when may sue in own name......... not liable for negligent construction of ditch........... PAGE. 165 109 790 495 449 349 a corporation of limited powers-cannot give away property...... 946 use of deadly weapon to resist trespasser-necessity...... infancy-protection of court-capacity to commit crime.............. 918 one crime as evidence of another-joint indictment........ larceny-selling and delivering another's property....... 746 649 defense of insanity-burden of proof-reasonable doubt........................ 649 649 perjury-oath administered by deputy holding over...................... 665 insanity-English rule................................... 493 necessary averments for keeping gaming apparatus......... 402 402 indictment charging attempt to suborn perjury demurrable........ 246 ................................................... 246 conversion of hired horse not larceny.... ... 246 competency of evidence of non-resident witness taken on prelim- 246 discharge of sick juror........ 246 arrest by force in foreign country no ground for discharge..... degree of crime in killing one attempting to make illegal arrest.. 80 109 homicide-effect of plea of guilty...... 110 evidence of character of witness......... 110 CRIMINAL LAW-Continued. evidence of statement of one conspirator against others....... pardon-fraud in procuring effect....... ................ CURTESY- not defeated by fact that wife left illegitimate children........... indemnity for negligence-owner and grantee liable............ surface water diverted upon land of another-ditch................ PAGE. 16 790 850 506 701 546 745 496 83 27 946 552 60 303 54 DEED (see Ancient Deeds; Mortgage.) acknowledgment of married woman-power of officer to amend covenants of warranty by married woman binding upon separate record-notice........ bill for cancellation-proof to support..... when may be regarded as mortgage may be shown to be mortgage--proof 846 846 701 846 773 649 349 301 .166, 273 parol evidence admissable to rebut presumption of delivery.......... 496 mandamus to compel canvassers to count returns... devise in lieu of-insane widow-election bankruptcy of husband no bar to.......... mortgage signed by wife-satisfied out of personalty...... DYING DECLARATION- restricted to res gestæ....... ECCLESIASTICAL LAW- divided congregation-title to church property EMINENT DOMAIN- railroad built on public road-additional burden.......... 946 277 546 702 granting right to erect telegraph poles-fee in street in abutting EVIDENCE- 274 109 274 890 right of witness to refresh recollection by memorandum 905 947 ......... 847 650 |