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PRIESTS, undue influence of, when presumed, 95.

PROMISSORY NOTE, payee, name of, may be in blank, 436.

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,

247.

by dowress, 248.

creditors without a lien may not redeem, 245.

defendant may redeem, though he retains no interest, 244.

equity will not aid one who has failed to exercise his right in time, 244.
grantee of defendant, effect of redemption by, 244.

grantee of judgment debtor may redeem, 244.

judginent creditor cannot redeem from sale made to pay his claim and
others, 245.

judgment creditor of a mortgagor may redeem, 247.

judgment creditor, when may redeem, 245.

junior mortgagee may redeem from sale made under senior mortgage,
247.

mortgagee cannot redeem from junior mortgage, 246.

mortgagor may redeem, though he had no title to the mortgaged prem-
ises, 246.

mortgagor's assignee may redeem, 246.

remaindermen may redeem, 248.

right of, can only be exercised by one for whose protection it is neces-
Bary, 246.

strangers may not redeem, 245.

strict compliance with statute is essential to, 249.

tenant in common, right of, to redeem, 248.

trustees of absent debtor may redeem, 245.

tenant for life or for years may redeem, 248.

RELEASE of one of several joint debtors, 715.

SLANDER, words actionable per se, instances of, 305.

SPIRITUAL ADVISER, undue influence of, when presumed, 95.

STATUTE OF LIMITATIONS, absence from state, exception of, whether applies

to one never within state, 810.

absence from state, temporary, whether suspends, 810.
absence from state when cause of action accrues, 809.

amendment of complaint after action is barred by, 344.

STATUTES are special which apply only to a number of individuals selected
out of a class to which they belong, 780.

general and special, distinction between, 780.

general, defined, 780.

invalid, because violating constitutional prohibition against local or
special laws, 780-789.

special, statute suspended in one locality, when is, 780, 781.

TRUSTS, defined, beneficiary is essential to validity of, 755.

UNDUE INFLUENCE, attorney presumed to exercise, over client, 102,
brother presumed to exercise, over sister, 103.
child presumed to exercise, over parent, 102.
guardian presumed to exercise, over ward, 101.
husband presumed to exercise, over wife, 102.

instances of, 103, 104.

medium presumed to exercise, over believer in spiritualism, 103.

parent presumed to exercise, over child, 102.

presumption of, against attorney, 95.

presumption of, against guardian of feeble-minded person, 96.

presumption of, against priest or spiritual adviser, 95.

presumption of, against spiritualistic medium, 95.
presumption of, from business or social relations, 97.
presumption of, from confidential relations, 94.
presumption of, from disinheriting children, 96.
presumption of, from relation of guardian and ward, 95.
solicitation and importunities, when are not, 99.

trustee presumed to exercise, over cestui que trust, 101.

WILL, bequest for benefit of the poor of a town is void for uncertainty, 753.
fiduciary relations, presumption of undue influence arising from, 101.
husband's influence over testator, when lawful, 98.

illicit relations influencing, 100.

revocation of, by marriage, 329.

solicitation and importunity, when do not amount to undue influence, 99.
undue influence arising from relation of guardian and ward, 95.

undue influence, inequality and injustice, when give rise to, 99.

undue influence, instances of, 101–104.

undue influence, not exerted by beneficiary, 99, 100.

undue influence, presumption of, against attorney, 95.

undue influence, presumption of, against priest, 95.

undue influence, presumption of, against spiritualistic medium, 95.
undue influence, presumption of, business or social relations do not give
rise to, 97.

undue influence, presumption of, family relations do not give rise to, 97.
undue influence, presumption of, from bequest to, conclusive, 100.
undue influence, presumption of, from testator's being kept away from
heirs whom he disinherited, 96, 97.

undue influence, presumption of, from will being written by or at request
of beneficiary, 96, 97.

undue influence, wife or husband's importunities, when are not, 98, 99.
undue influence, presumption of, arising from confidential relations, 94.
undue influence, presumption of, from unnatural disposition of prop-
erty, 96.

wife's influence over testator, when lawful, 98.

WITNESS, intent, motive, or belief of, may be proved by himself, 314–319.

INDEX.

ABATEMENT.

1. PLEA OF FORMER ACTION PENDING, WHAT NECESSARY TO SUSTAIN.
To sustain a plea of former action pending, it must appear from the
pleadings in the first action that it was for the same cause as the sec-
ond, or necessarily involved the same question. It is not enough that
the same property is in controversy in both actions. Mandeville v.
Avery, 678.

2. IGNORANCE OF CAUSE OF ABATEMENT will never justify the filing of a
plea in abatement after the time limited has expired. Huntley v. Holt,
71.

See EXECUTORS AND ADMINISTRATORS, 4; INSURANCE, 27.

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ACTIONS.

1. SUFFICIENCY OF COMPLAINT. For every malicious wrong there is a rem-
edy, and under the prevailing liberal system of pleading, a plain and clear
statement of the facts constituting the wrong is sufficient, and it is but
little matter, in actions of trespass on the case, what the action is named.
Antcliff v. June, 533.

2. NON-RESIDENCE WAIVER OF WANT OF JURISDICTION. - Objection to the
jurisdiction of the court on the ground of the non-residence of the de-
fendant corporation may be and is waived by appearing and answering
without at the same time filing or presenting this objection to the juris-
diction. Macon etc. R. R. Co. v. Gibson, 135.

8. SUFFICIENCY OF COMPLAINT. A declaration which fully sets out a con-
spiracy between the defendants to defraud the plaintiff, and the fact that
he was defrauded out of his money paid upon a void judgment obtained
by them through fraud, clearly sets out an actionable wrong, and one
that can be recovered for in an action upon the case, no matter what
it is named or called. Antcliff v. June, 533.

See Co-TENANCY, 1; HUSBAND AND WIFE, 1; STATES, 1, 2.

ADULTERY.

See MARRIAGE AND DIVORCE, 1-4.

1. LIABILITY OF PRINCIPAL.

ADVANCEMENT.

See EVIDENCE, 14.

AGENCY.

- One dealing with an authorized agent is bound
to inquire and ascertain the extent of his authority. A principal is

bound by all acts of the agent within the scope of his authority. Busch
v. Wilcox, 563.

2. IF A PRINCIPAL ADOPTS THE CONTRACT OF A SELF-CONSTITUTED AGENT
who has assumed to act for him without authority, he is bound to inquire
and ascertain the extent the self-constituted agent assumed to act in
his behalf. He is bound by all acts within the scope of the assumed
authority of such agent. His liability extends to the frauds and misrep-
resentations of the agent committed or made while acting within the
scope of the real or assumed authority. Id.

3. LIABILITY OF AGENT ON UNAuthorized ContRACT. — A letter written by
the cashier of a national bank on the letter-head of his bank, to a bank
in another state, to the effect that if the latter bank will sign a replevin
bond for customers of the writer's bank, "we will stand between you
and all harm," and signed by the writer as "cashier," constitutes an
agreement, when acted upon, into which a national bank cannot legally
enter, and binds the writer personally, in the absence of clear and un-
equivocal proof that he was claiming to act for his bank, and did not
intend to bind himself. Knickerbocker v. Wilcox, 595.

4. PERSONAL LIABILITY OF AGENT ON UNAUTHORIZED CONTRACT MEAS-
URE OF DAMAGES. A person who, without having in fact authority
to make a contract as agent, yet does so under the bona fide belief that
such authority is vested in him, is nevertheless personally responsible to
those who contract with him in ignorance of his want of authority,
and the measure of damages is the loss sustained by reason of not having
the valid contract which the agent undertook to execute. Farmers' Co-
operative Trust Co. v. Floyd, 846.

5. EVIDENCE- ORDER TO PROVE DECLARATIONS OF AGENT-WHAT MUST
CONTAIN. A party offering to prove the declarations of an alleged
agent must first show that the agency exists, and state the substance of
the declarations, that the court may judge of their relevancy. Long v.
North British etc. Ins. Co., 879.

See CHATTEL Mortgages, 3, 5; Corporations, 5, 6, 12–15, Criminal Law,
6; EVIDENCE, 6; INSURANCE; JUDGMENTS AND DECREES, 14; TELEGRAPH
COMPANIES, 4.

ALIMONY.

See MARRIAGE AND DIVORCE, 7.

ALLUVION.

See DEEDS, 9, 10.

ANIMALS.

LIABILITY FOR DAMAGE DONE BY CATTLE UNLAWFULLY IN HIGHWAY. - One
who turns his cattle loose into a highway, leaving them unattended,
in violation of a statute, assumes all the risks of such action, and is liable
for damage done by them in overturning a sulky lawfully in the high-
way. Shipley v. Colclough, 546.

See RAILROAD COMPANIES, 11.

APPEARANCE.

See ACTIONS, 2; PROCESS, 6.

APPEAL AND ERROR.

1. RELIEF FROM AN ERRONEOUS ORDER OF A COURT DISTRIBUTING AN
ESTATE of a decedent must be sought by an appeal, and cannot be ob
tained by a bill in equity, to restrain compliance therewith. Daly v.
Pennie, 61.

2. ERRORS ASSIGNED ON REFUSAL OF INSTRUCTIONS REQUESTED ARE NOT
AVAILABLE when the record fails to show that all the instructions given
are preserved in the record. Winston v. Burnell, 289.

3. EVIDENCE WILL NOT BE REVIEWED to determine whether or not it is
sufficient to sustain a verdict and judgment, when the case made
contains no statement that it embraces all the evidence given at the
trial, and the statement upon that subject in the certificate of the trial
judge attached to the case made is not sufficient. Id.

4. INSUFFICIENCY OF EVIDENCE. The appellate court will not revise tho
refusal of the lower court to grant a motion for a new trial, based
solely on an alleged deficiency of evidence to make out the case. State
v. Deschamps, 392.

5. ORDER SETTING ASIDE DEFAULT AND A JUDGMENT THEREON, supported
by an affidavit of merits, will not be interfered with by an appellate
court, unless it was made without jurisdiction or is an abuse of discre-
tion. Reinhart v. Lugo, 52.

ARREST.

See CRIMINAL LAW, 16, 17.

ARTESIAN WELLS.

See WATERS, 1.

ASSAULT.

See CRIMINAL LAW, 5.

ASSIGNMENT.

1. CONTRACT, ASSIGNABILITY OF. - A CONTRACT WHEREBY ONE PERSON
AGREES TO BUY AND ANOTHER TO SELL a crop of apricots which the
former shall raise during certain specified years, though not negotiable,
is transferable, under the Civil Code of California, by indorsement. The
indorsement and transfer by a purchaser cannot compel the vendor to
accept the transferee nor to release the original purchaser, but the pur-
chaser on accepting the fruit from the vendor may require the assignee
in turn to accept it from him and to pay him the contract price therefor.
Cutting P. Co. v. Packers' Exchange, 63.

2. ASSIGNEE'S LIABILITY. If a contract for the purchase of property is as-
signed by the vendee, but the vendor refuses to accept the assignee as
his debtor or to release the original vendee, the assignment nevertheless
transfers to the assignee the duty to receive the property from his as-
signor, and to make payment therefor according to the terms of the ori-
ginal contract of sale, and failing to do so, he is answerable in damages
to his assignor, who must be regarded as being his surety and as having
received and paid for the property in that capacity. Id.

3. AN ORDER BY A CREDITOR directing his debtor to pay a third person
a certain sum of money left with the debtor, or its officers, does not

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