« SebelumnyaLanjutkan »
ADVANCEMENT, what is, and how proved, 296.
AFFINITY defined, 797.
AMENDMENT of proof of service of process, 57.
ASSIGNMENT, equitable, what is, 899.
ATTORNEYS, contract of, to share fees is void, 26.
undue influence over client, presumption of, 98.
CHAITEL MORTGAGES, delay in filing for record, 283
recording, actual notice is equivalent to, 283.
recording, effect of, 282, 283.
recording, necessity of, 282.
recording, when complete, 282.
Civil Rights, discrimination against persons because of color, 584.
COXSTITUTIONAL Law, classification of subjects of legislation is permissi.
general and special laws, what are, within meaning of constitutional
general law is one operating in all parts of the state under the same cir.
general law may classify subjects of, 782.
general law, statute which embraces all of a class of persons in like cir.
cumstances is, 781.
municipal corporations, statute applicable to one only, when valid, 785–
municipal corporation, statutes applying to one class of, when valid, 784
provision declaring that laws of general nature shall have uniform
COVENANTS RESTRICTING USE OF LAND, absence of statement that restriction
is for the benefit of land retained, 489.
changes in condition of property when justifies refusal to enforce, 498.
condition of forfeiture, equity will enforce, notwithstanding condition,
damage for violation not essential to right to enforce, 501.
equity will enforce in favor of original owner, 485.
equity will enforce in favor of owner of any lot into which the tract is
equity will enforce, notwithstanding condition of forfeiture, 485.
estoppel to enforce, 495-498.
forfeiture for breach of condition, equity will not enforce, 485.
form of, is immaterial, 487.
injunction, mandatory, to compel destruction of buildings erected in vio
lation of, 500.
injunction to restrain breach of, 486.
intended for benefit of land retained cannot be released by original
intent in making, whether inferable from other conveyances, 499.
intent in making, whether inferable from situation of land, 499.
intent of parties in making, whether must be inferred solely from the
joinder of parties in bill to enforce, 500.
made by vendor are taken most strongly against him, 493.
need not run with the land, to entitle successor in interest to enforce,
not made for benefit of land are enforceable only by parties thereto, 492.
not to build within certain distance of the street, erection of bay-win.
dows, whether violates, 494.
not to erect building on rear of lot, construction of, 494, 495.
notice of fact of covenant and of effect of, distinction between, 491.
notice of restriction, from what inferred, 491.
perpetual servitude, when created by, 484, 485.
personal agreement is enforceable against purchasers with notice, 487.
presumption that covenant is for benefit of land, 489, 491.
refusal of equity to enforce because of changes in condition of lands, 498.
refusal to enforce because not intended for benefit of land, 502-508.
release of, by original covenantee, when inoperative, 495.
restriction upon use of land, right to make and enforce, 485.
restriction upon use of land may be by condition, covenant, reservation,
or exception, 485.
restriction, when presumed to be for benefit of land retained, 489, 491.
restrictive agreement not inserted in deed, whether enforceable, 489.
statement that restriction is for the benefit of land retained, whether
separate grantees of covenantee, each is entitled to benefit of, 500.
specific performance of, when may be decreed, 485.
successors in title, when bound by, 486.
CRIMINAL Law, arrest, homicide in resisting, 187.
assault with intent to murder, essentials of crime of, 155.
false pretenses, obtaining money or goods by, 265.
intent to kill, from what inferred, 399.
intent or motive of accused, when he may testify to, 318.
CRIMINAL Law, malice is essential to murder, 399.
malice presumed from use of deadly weapon, 399.
murder, instructions as to different degrees of, 187.
murder, instructions to jury upon trial for, what are necessary,
murder, threats of deceased against defer when admissible, 355.
DAMAGES, measure of, agreements, whether may control, 122.
measure of, for breach of contract, 121.
DEFINITION of affinity, 797.
of consanguinity, 797.
of general and special laws, 780, 781.
of malice, 546.
of probable cause, 546.
of res gestae, 178.
DENTISTS, statutes regulating, 310.
Divorce, adultery of plaintiff as a defense, 286.
adultery, proof of, 286.
void because parties are non-residents, 219.
EASEMENT, tenant in common cannot create, 594, 595
EVIDENCE, belief of a party may be proved by himself, 314.
declarations of deceased persons, when admissible, 433.
declarations, when admissible, 178.
good faith or understanding of a party may be testified to by himself,
motive or intent, party may testify to, 314.
of good faith of purchaser, 316.
of intent of party in doing act claimed to be criminal, 318.
of intent of party in making a contract, 317.
of intent of party in making or accepting a transfer, 316.
of intent of party in prosecuting another, 316.
of intent respecting dedication of land, 317.
of intent with which act was done, 317.
of previous accidents, whether admissible to show negligence, 332.
res gestae, what are, 178.
EXECUTION, exemption of property of citizens of another state, 152.
garnishinent of debt in one state exempt by the laws of another, 162
FENCES, malicious erection of high, whether may be enjoined, 512
FIDUCIARY RELATIONS, undue influence presumed from, 101.
GUARDIAN, undue infinence over ward, when presumed, 101.
HOMESTEAD, excess over amount allowed, execution sale of, 30.
partition of, will not be ordered, 29.
survivor's right in, 29.
HUSBAND, undue influence over wife, whether presumed, 102.
INSURANCE, bailee has an insurable interest, 720.
oral agreement for, 883.
premium, payment of, not essential to, 883.
Intent, party may testify to his, 314-319.
party's testimony as to his, not conclusive, 315.
prosecution, party may testify to his intent in, 316.
Joint DEBTORS, release of one, when releases the other, 715.
JUDGMENTS, jurisdiction, whether depends on fact of service of process of
upon the proof of such service, 56.
service of process, proof of, whether may be amended, 56, 57.
JURISDICTION, ad damnum clause, amendments of, 621, 622.
ad dannum clause in complaint, whether determines, 618.
allegation of complaint, whether controls, 618.
amount in controversy being in excess of jurisdiction, case must be dis-
amount in controversy, error respecting, will not divest jurisdiction,
amount in controversy, fraudulent statement of, 619.
amount in controversy, how determined, 618-621.
amount in controversy in action on bond is the sum claimed, not the
penalty of the bond, 619.
amount in controversy in attachment proceedings not determined by
value of property attached, 619.
amount in controversy is deemed to be the principal sum, exclusive of
amount in controversy is the aggregate of several distinct items, 619.
amount in controversy is the damages claimed, not those suffered, 619.
amount in controversy, reducing, to bring the claim within jurisdiction,
set-off in excess of, 621.
splitting entire transaction or account to give, 621.
voluntarily remitting part of claim to bring case within, 621.
LANDLORD AND TENANT, covenant against assigning, partial waiver of, 588.
covenant against assigning, waiver of, removes restriction forever, 588.
covenant restricting use of premises to specitied purposes, 588.
LIBEL, commercial agencies, publications of, when not privileged, 524.
Malicious PROSECUTION, what essential to maintain action for, 546.
MARRIED WOMEN, executory contracts of, are void, 83.
MERGER, change in form of action does not avoid, 216.
MORTGAGE to secure payment of several notes, proceeds of sale, how to be
MUNICIPAL CORPORATIONS, delegation of powers to, by the legislature, 373.
gift of a fund for support of the poor of, is invalid, 758–758.
liability of, for neglects of their officers, servants, or agents, 469.
power of, to borrow money, 373.
NEGOTIABLE INSTRUMENTS, recital of consideration, whether affects indorsee
with notice of its failure, 516.
NOTARY PUBLIC, sureties on bond of, when answerable for his negligence,
NUISANCE, cause of action for, when accrues, 426.
lapse of time will not legalize, 426.
PERPETUITY, bequest of a fund to be kept for the support of the poor
PRIESTS, ondue influence of, when presumed, 95.
PROM ISSORY Note, payee, name of, may be in blank, 438
what constitutes, 436.
RAILWAY CORPORATIONs, public obligations of, cannot be escaped, 179.
RAILWAYS, depot grounds, whether must be inclosed, 289.
fences and cattle-guards, duty to maintain, 289.
sleeping-car companies, liability of, 647.
REDEMPTION from foreclosure sales, 245–247.
from foreclosure sales, heirs of deceased mortgagor may redeem, 248.
from execution sales, assignee of an equity of redemption may redeem,