INDEX TO THE NOTES. ACCOMPLICE. See CRIMINAL LAW. AGREEMENT not to keep tavern, when broken, 353. of note, effect of, 724. of note when does not vitiate, 724. ANIMALS, liability of railroad for frightening, 336. liability of railroad for killing, 336. ASSIGNMENT FOR CREDITORS, made under foreign laws, 690, 691. BAILMENT, question as to whether contract is bailment or sale, 331, BILL OF LADING, not a contract as to quantity, unless it says “quantity CARRIER OF PASSENGERS, baggage, bedding, 162 baggage, books, 162. baggage, dressing-case, 162. baggage, guns, pistols, etc., 163. baggage, jewelry, 161. baggage, laces, 160. baggage, masquerade costumes, 162. baggage, materials to make garments, 160. baggage, merchandise, 160. baggage, money, 161. baggage, must be carried without extra charge, 158. baggage, night-glasses and telescopes, 162. baggage, opera-glasses, 162. baggage, surgical instruments, 162. baggage, tools, 162. baggage, watch, 161. baggage, what deemed to be, 159. baggage, what is, is question for jury, 159. COMMON CARRIER, delivery, whether must be to consignee personally, 290. obstacles to navigation do not exonerate, 588 COMPROMISE, Conclusiveness of, 754. CONSIDERATION, explaining, 578. failure of, how pleaded, 250. 787 CONSTITUTIONAL LAW, statutes embracing subject not expressed in title, 359. CONTRACT, damages recoverable for breach of, 645. CONVEYANCE, all claiming under take with notice of conditions in, 723. restricting use of granted premises to designated purposes, 722. CORPORATION cannot become a partner, 687. certificate of stock, issue of, not necessary, 341, subscription to, acceptance, 340. subscription to stock of, to be paid in installments, 340. CRIMINAL LAW, accomplice, competency of, as a witness, 671, 672. accomplice, corroboration of, as to any part of evidence, 675. accomplice, corroboration of, as to one of several defendants, 676. accomplice, corroboration of, by another accomplice, 677. accomplice, corroboration of, by wife of, 677. accomplice, corroboration of, in material part of evidence is insufficient, 675. accomplice, corroboration of, statutes requiring, 677. accomplice, corroboration of, what required, 673. accomplice, court should advise jury to acquit on uncorroborated evidence of, 671. accomplice, judge not obliged to advise jury to acquit on uncorroborated evidence of, 673. homicide, defense in justification of, 380. indictment for larceny, description of property, 667. DAMAGES, agreement in advance fixing amount of, 353. for personal injury resulting from negligence, 267. DEFAULT, what admits, 252. DIVORCE, alimony, judgment for, how enforced, 711. ESTATE-TAIL, when passes by devise, 736. EVIDENCE, declarations of agent, 666. expert, when inadmissible, 662. given without recollection, but from seeing a certificate, 662 of insurance expert as to whether rate would have been increnced i certain facts were disclosed, 539. of matters of record must be of record, 309. opinions as to how other people would probably act, 532. opinions generally not admissible, 538. positive and negative, relative value of, 204. EXEMPTION laws, how construed, 708. of cow includes heifer, 708. redemption, to whom money may be paid, 271. FORGERY, distinction between, and signing name of another without author- ity, 716. FRAUDULENT CONVEYANCE to wife of debtor, 711. wife having judgment for alimony may attack, 711. GARENISHMENT, defenses of garnishee after judgment against him, 625. of trustee, 593. GIFT, parol, when enforceable, 421. HABEAS CORPUs, questions which may be considered on, 391. HIGHWAY, fencing against cattle unlawfully on, 727. HOMESTEAD, mortgage of, 387. HUSBAND AND WIFE, surviving husband is entitled to wife's choses in action, 195. INNKEEPER, liability of, 326. INSURANCE, expert evidence that rate would have been increased if certain insolvency of company, when a defense to action on premium note, 666. JUDGMENT, in numerals without any dollar-mark, 278. merger of cause of action in, 355. JURISDICTION acquired by publishing notice, 427. in cases foreclosing tax liens, 428. statute conferring must be complied with, 427. LEASE of railroad, respective liability of lessor and lessee, 295–298. waiver by executor or administrator, 194. MARRIED WOMEN, conveyance by, must be executed as prescribed by stat MORTGAGE, parol evidence to cure defects in, 309. MUNICIPAL CORPORATION, license may be required by, of theater, 747. NEGOTIABLE INSTRUMENTS, alteration in, when avoids, 369. answer denying assignment of, 322. answer denying that plaintiff is the real party in interest, 322. conditions destroying negotiability of, 699. demand and notice, whether excused when no one has authority to cok lect, 713. filling blanks in, 369. must be payable in money, 731. must be without condition, 699. parol evidence to show nature of indorser's obligation, 206. payee who indorses, liability of, 405. words on back of, 700. NONSUIT, when should be granted, 229. NOTICE, possession of land as, 421. NUISANCE, private, joinder of parties, plaintiff in action to abate, 312 private, joinder of parties plaintiff in suit in equity to abate, 314 NUISANCE, private, joinder of parties defendant in suit in equity to abate, 315 public, action at law is by indictment, 311. public, joinder of parties plaintiff in action at law to abate, 311. public, joinder of parties plaintiff in suit in equity to abate, 313. PARTIES, joinder of, in action at law to abate private nuisance, 312, 313 joinder of, in bill to restrain a nuisance, 311. joinder of, in equity, 311. joinder of, in suit in equity to abate public nuisance, 313. PARTITION FENCE, owners of adjacent lands need not erect, 728. PAYMENT, giving a note, when is and when is not, 347. PRESUMPTION respecting receipt of articles forwarded by mail, 529. RAILROAD CORPORATION, animals, not liable for injuries resulting from fright lessee of, and its liability, 297. lessee of, acts of, for which lessor is not answerable, 297. lessor and lessee of, respective liability of, 295. liability for acts of contractors, 286. liability for fire communicated by engine of another company, 296 liability for negligence, 243. liability for torts of its lessors, 295. liability of, as common carrier, when terminates, 290. RATIFICATION of forged signature, 692. RECEIPT, parol evidence to contradict, 355. when deemed a contract, 331. RESTRAINT OF TRADE, agreement in, when void, 697. SEDUCTION, action for, by father, 398. SERVANT, recovery for injury to, by fellow-servant, 304. SHIPPING, part owner of ships, liability of, 572. SLANDER, evidence to show that no crime was intended to be charged, 834 SLANDER AND LIBEL, malice is presumed, 256. pecuniary circumstances of defendant, 256. punitive damages in, 256. SPECIFIC PERFORMANCE of contract to convey personal property or patent- right, 734. STATUTE, repeal, effect of pending, prosecution, 599. STATUTE OF FRAUDS, promise to pay debt of another, when an original promise, 635. SUMMONS, sufficiency of service of, 389. TAXATION, error in, when not fatal, 779. law directing proceedings, when mandatory, 779. TELEGRAPH CORPORATION, condition as to cipher or obscure messages, 472 condition as to night or half-rate messages, 469. condition as to presenting claim within limited time, 471. TELEGRAPH CORPORATION, condition limiting liability of, d duties of, to the public, 465. message blanks, when deemed part of contract, 488. message blanks, who bound by regulations of, 466. regulations, examples of, 472. regulations, power to make, 465. stipulations releasing from liability, 473. stipulations releasing from liability imposed by statuto, 473 THEATERS, action to compel performance of contract to pla 750. action to enjoin performance at rival theater, 750. audience may express its opinion, 749. audience must not be guilty of breach of peace, 748. audience, preconcerted plan of, to meet and hoot player or play, 749. author of play, transfer of rights of, 752. exorbitant charge for admission may be made, 742. fourteenth amendment does not apply to right to visit performance 749. license may be required of, 746. manager or lessee cannot be compelled to specifically perform an agr preconcerted plan to hoot performance, 749. purpose of, 746. reserved seats, neglect to mark as taken, 748. reserved seats, rights of holder of ticket for, 748. seats, refused to sell, though advertised, 748. ticket-holder, rights of, 747. TRADE, agreement in restraint of, when valid, 353. TROVER, Conversion, what is, 330. for bailed property, 330. WARRANTY, recovery on, where purchaser cannot obtain possess WITNESS, accomplice, conviction on evidence of, 672. accomplice, corroboration as to one of several defendants, (78. accomplice, corroboration by another accomplice, 677. accomplice, corroboration by wife, 677. accomplice, corroboration, statutes concerning, 677. accomplice, corroboration, what requisite, 674–676 accomplice is competent, 674. accomplice, jury should be warned against, 671. interest requisite to disqualify, 321, 322. WRITINGS made at same time are construed together, 785 |