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(i2d^4
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GENERAL INDEX
FIRST, SECOND AND THIRD VOLUMES
KINNE'S LAW COMPENDIUM.
ASA KINNE.
VOLUME FOUBTII.
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~ |
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NEW YORK |
|||
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CORNISH, LAMPORT k |
CO., |
PUBLISHERS, |
|
|
No. 8 r A KK |
PLACE. |
||
|
1852. |
\h>s(.ji
Emtebbd, aoeording to Act of CuDgrese^ in the year 1844^
By ASA KINNE,
In the Clerk*8 Office of tlie Dietrict Court of the United States, for the Southern
District of New York.
FEB 1 5 1917
KDOfE'S 1A¥ COMPEIifDIUM.
INDEX TO VOL. L, n. AND m.
|
ABANDONMENT. |
|
|
ABAiiDONHBNi>-*l¥hat is, as undeTstood in a policy of j |
insunnce ?oL i. 545 |
|
IVhat is necessaiy to constitute a right to |
Vol.!. 545, 545 |
|
Notice after .... |
Vol. i. 545 |
|
For a technical total loss |
Vol. i. 546, 555 |
|
Upon what the right to abandon depends |
Vol. i. 546 |
|
Who and when may abandon |
. - i,546 |
|
In case of policy on goods |
«« i.547 |
|
Where part only of the insured is damaged |
. Vol. i. 547— u. 678 |
|
By reason of fear |
VoL i. 548, 573 |
|
In case of sale by the master |
Voli.54S-.ii.601 |
|
Sale by vice-admiralty court |
Vol. i. 549 |
|
Rule, in case of transhipping cargo |
. « 549' |
|
Of ship, as to freight |
« 551 |
|
In case of stranding |
. « 551 |
|
Lmavigability |
« 551 |
|
Policy on ship, for the voyage |
. « 552 |
|
Bight of the insured to elect |
« 552 |
|
Efiect of, legally made |
. « 553 |
|
Requisites to a valid |
« 554 |
|
. « 554 |
|
|
Offreight .... |
« 555 |
|
Of ship, by owners .... |
. VoL L 581-*L 616 |
|
By insurer to reinsurer |
J, . VOLL586 |
|
Gase o^ to insurers |
. . . « 589 |
|
Of ship, to separate insurers |
« iL 594 |
|
Of bottomry suit |
. -^li. 619 |
|
Of merchandise for freight |
« ii 647 |
|
Who are admissible claimanto |
. VolLl55-ii.609 |
|
Of distinctions of insuiance |
VoLL467 |
|
Of interest in ship by ovmers |
. •* 477 |
|
Ofvesselbycrew |
«• 523 |
|
By insured, in case of embargo |
VoL L 530, 531 |
|
VoL L 532 |
2
ABATEMENT.
Abandon KsnT — Capture gives immediate right
Capture of a neutail vessel entitles the insured to abandon
In case of shipwreck
Of wife by husband
Of executory agreement
Presumption of, of lease
Of premises by tenant
Of cause by plaintiff
Of right by inventor
Of country by debtor
Of an agreement
Title of land lost by
Ofdomicil
Of purpose by testator
|
VoLi |
.543 |
|
abandon . *< |
543 |
|
. "iii. |
403 |
|
Vol. i. 20&— u. 263 |
|
|
. VoLi |
.258 |
|
(C |
361 |
|
VoL ii. 72, 539 |
|
|
Vol. ii |
.281 |
|
Vol. ii. 457, 458 |
|
|
VoL iii. 92 |
|
|
It |
240 |
|
u |
257 |
|
u |
353 |
|
u |
497 |
Abatsmbnt— HVhat is
Plea in . .
Application of
Its appropriate use ....
Results from omitting to plead
How plea in, must be verified
IVhen plea in, will not avail
Pemurrer by defendant in
Ouster of possession by .
Plea in, when available
Mistake in name of defendant in .
Of legacies ....
Plea of non-joinder in . . * * ^
Ofrent .....
Variance not pleadable in . . .
Plea of property in a stranger in
Plea in, to the jurisdiction . . ,
"What necessary to allege
Plea in, relative to the person of the plaintiff
Of writ, in case of fictitious plaintiff .
In case of femme covert as plaintiff
When plaintiff is wife of defendant
Marriage of female plaintiff when may be pleaded in
AJien enemy may be pleaded in
Death of plaintiff may be pleaded in
Of writ, in case of the death of one of the demandants
In action for seduction
By death of wife ....
In equity of redemption
Of bill in equity ....
Ofpetition ....
Ofmotion .
Of action for statute penalty
Of action for assault and batteiy
ABATEMENT
VoL i. 9— iii 9, 113
Vol i. 9— ii. 342.428. 475— iii 9, 113
. VoLi 9— iii 9
VoL i 9— iii. 9
VoL i 9— ii. 404— iii. 9
VoL i 9— iii. 11
VoL i 292— ii. 473, 483
. VoLi 315
" i 339
VoL i 361— ii. 426, 595'
VoL i 443— ui. 18
. VoLii. 91
VoL ii 427— iii. 15
VoL ii. 534, 535
VoL ii. 545
. " 546
VoL iii 9, 10, 11, 12, 113
. VoL iii. 10
" 11
. « 11
» 11
« 11
. « 12
u 12
" 12
a 12
« 12
H 12 12
" 13
" 13
« 13
. - 13
hSt>VCTtOJX — ABBTANGE— *1S8ENT AND ABSCONDHTG DEBTORS.
A«ATEmni>-r-Of writs of error ....
Of writs of light .....
Of suit in admiralty
iQ&ncy of plaintiff pleaded in ....
Of suit brought by lunatic ....
Of actions of trover, trespass ani nplevin by death of defendant
Of writ of attachment, by death of defendant
Of suit, by death of tenant ....
Civil death of defendant abates the suit
Non-joinder of plaintiff, pleaded in
Non-joinder of defendant pleaded ia
Relative to non-joinder of partners
Misnomer of defendant pleaded in
Misnomer of parties in an indictment
For mistake in declaration
By misnomer in actions of ejectment
Qualities of a plea in
When and how pleaded
Of writ for want of proper service
Demurrer to plea in
In chancery'
Plea of partnership in ^.
Plea in, for want of bond or affidavit
Non-resident phdntiff pleaded in . . ' .
ABATEHBMT AND KBFVNPIlfO.
Abatsmsnt and Rxfunding — General rule as to Kule as to specific legacies Legacy given to executor
ABDUCTION.
Abdvction— Marriage procured by
Of minor son, fiither's right to sue in admiralty for Of minor, when marine tort Punishment for
ABETANCE. Abxtamce — ^Remedy in
"When freehold, not held in
Ofinheritance ....
ABSENT AND ABSCONDING DEBTORS. Abssnt and Abscondino Dsbtobs— Lien of U. States upon effects o( Leaving wife and child chargeable to the town Attachment against, in New Tork
« tt « Pennsyhnmia
« « *« S. Carolina
« « « N. Carolina
« « •♦ Kentucky .
« «« « Virginia
* « « Connectkvt
VoLiii.13,15 « 13, 15
yoliii.l3 " 14 « 14 « 14 " 14 a 14 tt 14 « 16, 16 « W « 17 « 18 « 18 « 18 « 18
^1. iii 19
yoLiu.19,20,21
« 21, 22, 23
yoLiii.24 « 24 •' 38 « 91 « 123
Vol. ii. 91 « 91 « 92
Vol. ii. 145 •* 59 « 638 ^iii.425
VoL 1 101
« 462
VoL ii. 527
VoL u. 108 « 495
VoL iii. 81 u 84 « 87 « 89 « 92 « 93 « 93
ABSENT RVSfiAKD — ABfiOLUTE — ^ACCEPTAirCS.
Abssnt AMD Abscoxdino Dbbtoes — Attachment against, in Tennessee ** 9#
« - •« « Mai^and « 95
« •« « New Jersey « 96
l¥hen bill against, taken as confessed, wiU be set aside . " 113
Irregalar proceedings against . . . • ^ 113
When will be let in to defend without costs ^ . ** 113
Affidavit to obtain order for publication . . VoL iii 113, 114
Effect of the absconding of partner YoL zi. 396^ 398^ 399— iii. 227, 229
ABSENT HUSBAND. Absxrt HusBAiin — ^When presumed to be dead • «
ABSOLUTE. ABSOLiTTs^-Deed, what essential to
Or conditional deeds of conveyance
Property in chattels • • • *
Guaranty . . « •
Insuxable interests . . . . ^
TVhen legacy becomes . . . •
Deed, intended as mortgage . . . •
Agreements in a mor^;age to change it into, conveyance
Property of mortgagee . i .
Assignment by mortgagee
Title to lands by foreclosure
Rights of morgagee to take possession
Property in the thing pledged
License of power of parent over child under the Roman law
Transfer of property ....
Proprietary interests of riparian owners
As to description of voyage in bottomry bond
Requirements of master of ship •
Rights of shipowner . . .' «
Deed of assignment . . .' •
CovenantiB .^ . • •
Title to pmperty by mortgagee
Payment, bank check not received as . . r
And vested rights ....
ACCEPTANCE*
Accept A n ov-Of bill of exchange, what is May be either verbal or written "What will amount to Bill at sight, when to be presented for Of bill, by attorney without authority By parol authority Duty of agent to procure Agent to protest for non By fector upon faith of con Supra protest . Delivery of bill for /
V0LL2OS.
. VoL i. 304
«- 302
. « 319
Yel. i. 41S-ii. 701
VoL L 47(J
. Vol iL 82, 90
Vol iL 171, 172,191
VoL ii. 174
. « 197
« 200
« 202
« 208
« 22ft
. « 28S
. « 463
« 552
* « 611
« 630
. « 677
«iiLl2I
« 21*
« 219
. •* 290
« 817
. VoL L 71
« 71
VW.i.72;73,124-iii326
VoL L 73
. « 19
« 20
VoL L 30, 56
VoL i. 30
. « 49
Vol L 6^ 76, 130
. VoL L 69*
ACCEPTANCS.
|
AoonrTAHOS— Promise te accept foreign bill |
Vol 173,131 |
|
Of bill, by one of two joint traders |
VoL i. 73 |
|
Collateral or parol |
. « 73 |
|
Force of agreement to accept |
7oLL74-^3a6 |
|
"Wbere accepter dies before paymeot |
. Vol.!. 74 |
|
Without delivery .... |
. «* 74 |
|
Discbaige of accepter . • |
. « 74 |
|
Conditional ..... |
« 74 |
|
Varying terms of bill |
. « 75 |
|
French law on presentment for |
« 75 |
|
What will excuse delay in presentment te |
. « 75 |
|
Time allowed for, after presentment |
« 75 |
|
' V«Li.76,349 |
|
|
When drawee cannot be found . . • |
VoL L 76 |
|
When drawee is dead |
. « 76 |
|
Accepter supra pretest |
« 77 |
|
Mode of, in New York . . |
. « 77 |
|
If drawee destroy the bill |
-77 |
|
Alteration of bill by drawee |
. « 77 |
|
On paper other than the bill |
« 77 |
|
For part only .... |
. « 78 |
|
After time of payment |
« 78 |
|
Of bUl refused . . . . Vo |
LL 78. 91,98,129, 130 |
|
By agent . . . • . |
VoL L 78, 80 |
|
Agreement by drawee to accept bills of conespondent |
. V«Li79 |
|
Drawee not bound to accept |
** 79 |
|
Accepter bound on forged bill |
VoL L 79, 102, 103 |
|
Neglect of agent to present bill for |
VoL I 80, 87 |
|
By whom, demanded before protest |
. VoL i. 89 |
|
Protest for non^ where and by whom made . |
. VoL i 89, 91 |
|
What a leasenable notice |
. VoLi 92 |
|
Of bills drawn at so many days after sight . |
« 103 |
|
Drawer entitled to notice of non |
. « 103 |
|
Notice of non, effect upon endorser |
" 116 |
|
By one of several drawees |
. « 123 |
|
Averment in declaration for non |
*" 123 |
|
When promise considered as an |
. « 124 |
|
Bill after date when presented for . |
« 129 |
|
Presentmentfor, in absence of drawee . |
. « 129 |
|
By one partner in name of firm |
« 131 |
|
Drawee's right to refuse |
. « 183 |
|
Of bill by letter .... |
" 133 |
|
Liability of aocepter . |
. VoL 2. 81, 88, 135 |
|
Accepter bound tolmow hand-writing of drawer |
VoL I 136 |
|
Conditions of .... |
. « 145 |
|
Of bill on promise of mortgage as security . |
" ii 173 |
|
Accepted bill by one partner to another v |
. ** 331 |
|
Acknowledgment of right by |
" 331 |
|
One of seiwral is bound by, of the otheif |
. " 357 |
e
▲CCE880RT — AcaDEirr.
AcosPTANOB — By one of a film binds all . VoL ii. 358, 35>
By bankrupt partner .... Vol. ii. 365, 378, 379, 380
Joint ....... Volii.384
After diBBolution in name of fina . . . . " 398
Demand on accepter necessaiy to cbaige tbe endorser . . *' i 88
Bights of the accepter
Becovery against accepter on lost bill
Accepter's liability to endorser
Bill payable to a fictitious person
When action will lie against accepter
Waiver of notice
Relation of accepter to holder
Proof necessaiy to bind accepter
Effect of^ after dishonor .
A check requires no
« 89
VoLi.99,103
ToL i. 104
. « 109
VoL i. 114, 117, 124, 127, 133, 349
. VoLi.128
« 135
. " 140
« iii. 135
. « 290
ACGESSORT.
AccESsosT — Before tiie ihct . After the fact
In what crimes there may be To the crime of murder What necessaiy to constitute an . IBkpo^fado . • * .
How to be treated
As to being present but taking no part in a murder To the crime of murder by poison . Four reasons for distinctions between, and principal Advising mother of unborn child to kill It . Can one acquitted as principal be indicted as
ACCIDENT.
AociDEHT — Signifieation of^ in chancery practice
'Inevitable . . . ^ Vol i. 159,
Ordinary ....
Natural ..... Detention by unavoidable Without defiiult of carrier Liability of wagoner for loss by Belief in chanceiy . . . YoLi.
What cases of, are remediable at law Cases where neither law nor equity wiU relieve . KiUingby .... Concealment of By neglect or de&ult of pilot Value of vessel at the time o^ true basis of calculation When ship takes ground by Loss of vessel by, effect on goods Contributions for damage by ..
Liability of insurer in case of
. VoLi.446,448
VoLL449u-iiLll4
VoL L 447
_ « 448
" 449
. " 449
« 449
. « 436
« 437
VoL L 449, 450
VoL L 450
. «* 450
. VoL iii. 29, L 189
165, 167, 182, 260-4L 314
VoL L 173
. " 175
«* 561
. « 179
1" 183
166, 187-.iiL 145, 146, 309
Vol i. 398
. *• 398
, VoL L 428, 435
. VoL L 497
« 507
. « 544
« 551
. « 557
« 575
ACCOMMODATION— ACCOMPLICSS — ACCOBD— ACCOUNTS.
|
Accident— Mortgagee's liability for |
ToLiLaOt |
|
liabiUty of pawner in case of |
** 222 |
|
Perishing ofpledged property by . . ^ |
« ^ 224 |
|
By negligent driving .... |
« 367 |
|
Discovery by .... |
« 4» |
|
Upon virhom loss falls, in case of unforeseen |
. *• 533 |
|
Rule of Roman law as to inevitable |
« 535 |
|
Within condftion of bottomry bond |
. « 609 |
|
Responsibility of captain of vessel for |
« 625 |
|
Deviations from, no breach of contmct . |
. « 633 |
|
Collision of ships by |
yoLiL683,685 |
|
Bailee not liable for unavoidable |
V(d.iii.l29 |
|
Tenant's liability fbr unavoidable . |
« 205 |
|
Owners of stage coach not liable for . I |
. « 221 |
|
ACCOMMODATION. |
|
|
AoooMXODATXOR —Endorser |
. VoLi85 |
|
Paper by what rule governed . Vol. i. 76-ii. 114, 357, 399— iu. 289 |
|
|
Note made for, of endorser |
. VoL i. 93, 124-iii. 132 |
|
Note made for, of maker . . |
Vol i. 93, 105, 107, 110, 247 |
|
Endorser's on paper how considered |
VoL i. 104 |
|
Endorser on, note not as surety |
. « 145 |
|
Maker of note as witness to prove usury |
« jW9 |
|
liability of drawer .... |
. «iii.l30 |
|
ACCOMPLICES. |
|
|
AccoMPLicBS^Rule as to admitting, as witnesses |
Vol. L 347-4ii. 363 |
|
ACCORD AND SATISFACTION. |
|
|
Accord AND SATiSFAOTioN-^- What is |
. Vol. L 10 |
|
When a bar in law |
" 10 |
|
Must be certain, must be executed |
« 10 |
|
*• 10 |
|
|
What does not amount to |
Vol.Ll00-iiL221,257 |
|
Plea of |
VoLiL4T7 |
|
When defendant may arail himself of . |
«* 484 |
|
ACCOUNT BOOKS. |
|
|
AooouifT BOOKS— Of partners |
VoL ill. 4», 441 |
|
In public offices .... |
. VoL i 373 |
|
How far considered as evidence |
« 372 |
|
Not liable to attachment |
Vol iiL 75, 87 |
|
Exhibit of, by bai^ to depositor . |
«* 294 |
|
ACCOUNTS, |
|
|
AccoiniTs— Power of agent to settle |
Voli.20 |
|
Agent bound to keep . . , |
« 27 |
|
Intricate and difficult, settled in equity |
«* 43 |
|
Agent's lien for general balance |
VoLL46,4a49 |
|
Factor's- lien for general balance, |
VoL i. 50 |
|
Attorney and solicitor's lien for professional |
. « 50« |
8 ACCUMVLATIVB AND 8UBBTITUTI0NAL LSOACIES— ^▲CXMOWL^MENT.
|
Vd.L51 |
|
" 51 |
|
« 51 |
|
" 94 |
|
VoL i. 186, i91— ii. 409 |
|
• VoL L 188 |
|
« 289 |
|
. « 271 |
|
VoLL323-iii.90 |
|
. VoL i. 344 |
|
" 398 |
|
. « iL 117 |
|
« 120 |
|
. «- 187 |
|
** 316 |
|
. « 345 |
|
« 404 |
|
. " 410 |
|
VoL iL 465-111.133 |
|
VoLiiL62,63 |
|
VoL L 872 |
▲ooovNTS^ — ^Dyer's lien for g«nenl balance • •
Banker's Uen for general balance lien of whaifinger for general balance •
Between drawer and drawee Between partner's decree in chancery Pleaded in bar to a bill in equity Book, evidence of sale .... Remedy in equity for . ^ .
Of executors or administrators Acknowledgment ofj by one partner after dissolution Jffistakes in, when remediable at law Statute of limitations as to ...
How statute applies to merchants Of mortgagee against mortgagor Stipulations to partnership, how construed Surviving partner's right to partnership Action of; may be brought by one partner against another Main things to be Considered in taking partnership Note or bill taken for . . . . -
Assignment of . Book of, how £ur considered as evidence .
ACCUMULATIVE AND SUBSTITUTIONAL LEGACIES, in what cases substitutional . . . . VQLiL92
When cumulative . . . . . ** 92
Substitutional as to persons • . • . " 93
ACKNOWLEDGMENT.
AcxjiowLEDaMEHT. — Acceptsucc of bill of exchange by • . VoL L 72
When sufficient to charge endorser . . . ** 128
Waiver of notice by ,....** 135
Of one on a death-bed . . . • . ** 137
By one of two defendants ....** 195
Good evidence of consideration . . . . ** 220
Of deed, by whom and how taken . . VoL L 298, 302, 308, 330
Of an account by one partner .... VoL i 344
Of debt to rebut presumption of payment • . ^ 356
Executor's written . . • • . **iLll3
Of technical trust .....** 119
Revival of obligation by . . ^ . VoL iL 125, 128
Of joint debtor . . . ^ . .VoL ii. 128
Of an account by one partner after dissolution . VoL iL 126, 362, 363, 369— ill. 443 By executor or administiator VoL 11. 126, 127'
Of executor to prevent the running of the statute To an executor
Of deed without privy examination of wife Of promise to marry • ^
Of deeds of trust and mortgages
VoL IL 127 127 159 164 190
By mortgagor Signed by partners
VoL ii. 236, 239 * 387,431
ACQUIESCENCE — ^ACQUITTAL — ACTION. 9
ioxvowz.BDOitfBNi>-.Ofpftrtnenliip .... Tol.ii.435
Of certificate of partne/ihip . • . . << 443
Of power of attorney .' . . . . " 513
Of coniideration hy party to deed • • . '^ 521
In an avowry ... . Vol. ii. 539, 546
Of satifl&ction of judgment by attorney . . . YoLiii. 106
By ciedit on bank books . . . . '* 130
Of deed of bargain and sale . . . ** 142
Of sheriff's deed reiused by court . . . " 146
Of liabiUty by defendant . . . . "177
To prevent tiie opeiation of statute . « " 212
Upon tbe back of deed that condition had been complied with " 219
Written, on bond by mistake . . . '^ 421
'iy garnishee • . • • . • . " 429
Of signature by testator '. ... . " 502
Of service by an attorney ....** 22
ACQUIESCENCE.
A^niEScxNCB — What will amount to . . . Vol. ii. 343
Of principal in assumed agency of another . . Vol. i. 18, 19
In sale of land by agent • . Vol. i. 37
By holder of altered bill of exchange . ... "77
By holder in an acceptance by agent . . « ** 78
As to giving court of appeals juiisdietion . . . "193
Of husband allowing wife /a7tme«o2e trader . . . " 209
In disposition of bastard child 7 • • . '^ ii. 292
Of partners in each other's acts . . . Vol. ii. 377^-iiL 440
Patentee may abandon his right by . • VoL ii. 457, 458
By principal in a compromise . . . VoLiii. 107
In proceedings before a master by defendant • • " 114
In the assertion of adverse rights • • • " 213 Gases of unieasonable . .... Vol. iil. 213, 214
ACQUITTAL. AoQviTTAL — Judgment of . ^ • . . VoL ii. 21 '
Sentence of . . • • • VoL i. 51i^~ii. 63
Reciprocal of debts ..... VoL ii. 574
When sentence of, may be pleaded in bar . . . ^ 63
Of prisoner on indictment for buiglaxy . VoL iii. 136, 137, 307
Of part of the defendant's, under same indictment .Vol. i. 457— iii. 114, 115
Ascertains no facts ..... Vol. ii. 21
As to granting new trial after . . . . " 276
Of an attempt to commit a rape, a good bar to a prosecution for a rape " 520 Verdict of, discharges prisoner . . . . " 522 •
Of one of two engaged in a conspiracy ... ** iii. 3U
ACTION.
Action— Abatement ..... VoLi 9— iii.9,H25
For wrongs ... • . VoL i. 9
Where too many or too fow join im • • i • ^ 0 .
2
|
Action— On contract . VoLi |
10, 65i 265, 266-ii WO-fiL li |
|
|
On sealed instroments |
, |
. VoLL 10 |
|
'What will bar a joint |
, |
VoLL 10, 67 |
|
Against vendee for breach of contract 1 |
• |
. VoL L 11 |
|
On final decree in chanceiy |
• |
" 11 |
|
. |
. « 11 |
|
|
On the case for conspiracy |
. Vol L 11— iii. 313, 314 |
|
|
For malicious prosecution |
VoL L 11, 350-iiL 314, 431 |
|
|
Of indibitatus astm^^ |
. VoL |
111,65,68— ii. 480 |
|
Of quantum meruit |
. |
. VoL i. 11 |
|
Against &ctor for not accounting |
. |
VoL L 27 |
|
For goods sold, by whom brought |
• |
. « 30 |
|
When, will not lie in Msumpid |
. |
«. 32 |
|
Set-off against |
. |
«* 35 |
|
Upon warranty |
• |
^ 36 |
|
For money mispaid to agent . |
. |
« 40 |
|
Answer to, by agent |
. |
•* 40 |
|
Special, on the case . |
• • |
VoL L 44, 175 |
|
Of trover for policy in hands of agent |
. |
VoLL45 |
|
For breach of instructions |
• |
. •* 45 |
|
Of assumpsit for recompense |
• |
« 48 |
|
On note in the name of bank |
, , |
. « 52 |
|
Of assumpsit, when will lie |
• |
« 54 |
|
Agent may transfer right of . |
» |
. « 56 |
|
Against agent for endoning note . |
• |
« 58 |
|
Requisites to sustain, in assumpsit |
. |
« 65 |
|
Against joint obligon |
. |
« 67 |
|
On contract of loan |
• |
. «' 70 |
|
Against endorser |
. VoL |
i. 76, 81, 83, 96, 113 |
|
Chosesin . . . Vol. L 77—ii. 49, |
185, 537— iii. 62, 63, 68, 85^ 120 |
|
|
On bill of exchange ... |
VoLL |
78, 80, 116— iu. 339 |
|
Necessary proof in, by executor |
. |
. VoL L 80 |
|
On foreign bill, by endorsee against endoner |
. |
« 81 |
|
By one endorser against another |
. |
. « 82 |
|
For benefit of assignee |
. |
•* 83 |
|
By endorser against accepter . |
• |
VoL L 85, 114 |
|
Right of, to assignee as endorsee . |
. |
V0LL88 |
|
Assignee of choses in |
• . |
VoLL 86, 236 |
|
Against executor by holder of note |
• |
VoL L 88 |
|
By drawer or endorsee against holder . |
• |
" . 92 |
|
Of debt, what destroys right of . |
. |
« 90 |
|
What no bar io, on simple contract . |
« 100 |
|
|
Of debt, advantage over assumpsit |
. |
« 102 |
|
On note when maybe brought |
« 104 |
|
|
Will lie on note for amount of check |
• |
« 105 |
|
On lost bill |
. * 109 |
|
|
Against survivor of joint maken . |
• |
" no |
|
For usury |
c |
VoLLlia-u.123 |
|
Against maker of note . |
VoLL 115 |
ACTION (continued).
II
|
Action— On bill hy United States |
* • |
. VoL i. 118 |
|
Necessary averment in declaiation on a protested bill |
« 123 |
|
|
Of debt by payee . |
. |
'* 124 |
|
Upon intkmd comput^u^ |
• • |
« 127 |
|
Brought by bank or endorser |
. |
. « 132 |
|
• |
134 |
|
|
On foreign bill of exchange . |
• |
135 |
|
For money in bank deposited by another in his own name |
" 137 |
|
|
Blank endorsement gives right of |
. |
" 138 |
|
Against drawer of bill of exchange |
• » |
Vol.i.l43-^u.302 |
|
Defence to, on bond |
• • |
. VoL i. 149 |
|
On administration bond |
, |
. Vol. i. 150,316 |
|
Of debt on a bond . |
, , |
VoLi. 161— iii.260 |
|
Against caiiier for refusing to cany |
. |
. Vol. i. 168, 1'76 |
|
Against common canier |
• • |
. VoL i. 175 |
|
Will lie against porter |
. |
** 175 |
|
Of trover |
Vol L 176, 264, |
512— ii. 112-4ii. 194 |
|
Etddkto |
• • |
VoL i. 177 |
|
By consignor against canier for loss . |
VoLLl7S-iii.309 |
|
|
Cognizance of, in chancery |
a • |
VoL L 186 |
|
Meritorious cause of |
, , |
« 209 |
|
By wife against executors of husband |
, |
« 210 |
|
How right of, may be waived |
. • |
* 212 |
|
Assignment of choses in |
. |
VoLi.213— iii. 63 |
|
On promise |
. |
« 222 « 376 |
|
By a man against a woman on contract to |
marry |
VOLL228 |
|
For breach of marriage promise |
• , |
« 22» |
|
To recover money paid on parol contiact |
• |
VoL L 231, 260 |
|
Of covenant |
Vol L 236, 283, 284-ii. 328, 330, 332 |
|
|
• « |
. VoLi. 239— ii. 115 |
|
|
On contract by what law governed . |
, |
. VoL i. 240 |
|
For money had and received |
• • |
. VoL L 248, 398 |
|
On specialty |
• |
• VoL L 249 |
|
By parties in pari deUeto |
• • |
« 251 |
|
Or note to secure vote |
• |
. « 252 |
|
Ob contract with officer for neglect of duty |
** 253 |
|
|
On executory contract |
• • |
" 256 |
|
For delivery of stock . |
• • |
« 260 |
|
. |
. « ' 263 |
|
|
• |
« 264 |
|
|
For trespass |
YoL L 264, 341-ii. 51&-iii. 484 |
|
|
On express contract |
• • |
VoL L 265 |
|
For non-performance of contnet |
• • |
« 269 |
|
For breach of covenant |
• • |
« 284 |
|
Local .... |
• • |
VoL i. 290— u. 280 |
|
Transitory |
VoL L 290— iii. 315 |
|
|
How cause oi; ti> be deeezibed |
• • |
. VoL L 293 |
|
On abend |
Toll |
315-ii.llS,416,417 |
|
Demurrer to • |
• |
VoL i. 315-ii. 282 |
12 ACTION («ONTINUfiD).
jLoTioN — On recegnizance ..... YoLLSU
Of dower . . . . . Vol. i. 530— u. U8
Of ejectment ' . . VoL i. 336, 337, 338, 339, 340, 357— iL 30
Who may maintain, of ejeetment .... Yol i. 337
Of ejectment against whom may be brought . . ** 338
What title neceasaiy to support . . . ' . " 338
. Who may defend . . . . . «< 339
Amendment of declaration in . . . ** 340
Effect of former 7eidict. . . . '* 340
For ffiesfftf profits » . . . YoL L 340, 341— iL 481
Rule ofrecoveiy in, Ibr menu profits « . . ' YoL i. 341
Against joint trespassers . . . • '* 347
On the case of &lBe affirmation . . YoLL 347,348
Against sheriff for escape of pzisonei . . • *^ 348
By Infiint against guaidian . . . . '* 349
Against sheriff for fake return . . ^ . . " 349
Rule as to witnesses in, by assignee . . . . '^ 349
For robbery . . . . . . « 350
On joint contract . ... . . '' 351
When wife may be witness in . . . . " 352
On poUcy of insurance YoL i. 353, 470, 472, 498, 506, 518, 520, 588, 589— iii. 404,
411,413,454 By executor . . . . . . ~ YoLL 355
For trespass and assault . . > . . ** 359
For criminal conversation .... YoL L 360, 37^
Plaintiff commencing suit without a cause of . . . YoL i. 361
OftiespassgiMrecJaiMttiiiy^^ . . YoL L 362— ii. 49— iii. 242
Upon a judgment .... YoLL 369, 370
Of slander . . YoL L 374— iL 25-iii. 468, 469
Of assault and battery .... YoL i. 374— iiL U
For Ubel . . . . YoL L 37*-^ 105, 60, 272— iii. 211
For rape .... YoL L 375
For money lent . . • . • . '* 380
Against executor for delauk • • . . ^' 388
When no right of, exists . . . . « . '* 394
Maintained ex cB^uo e^ CB done . . . . '^ 398
Ofdebt,wager^flawin . . . . " 398
For fraud against individual members of a corpoiatiott • " ^ 407
Declaration of statute of frauds as to prevention of . ** 406
For fraud, when will and will not lie . . . Yol i. 407, 408
Assignment of trust or things in . . YoLL 409
Debt and choses in, of wife . . . VoL L 452-4ii. 120
By minor fer breach of promise .... Yol. i. 453
When infency of carrier a good defence to ..." 463 By whom may be brought when in&nt is joined witiiotiier "463
Against inn-keepers • . • . ' " 464
Assigned s right of, on policy . • . . ** 472
Forfireightin expectancy . . . • "477
On gaming contract • . • • • " 481
xenon (cmraivMiy),
18
|
OH— ^Against underwriten |
, |
VoL i. 517 |
|
Upon policj* on piopertj wammted nentrtl |
• • |
•* 518 |
|
On policy, plea of juiiadiction in bar to |
, |
" 587 |
|
Foim of remedy on policy • . |
• |
« 588 |
|
On foreign judgments . . . , |
• |
" li. 11 |
|
Of debt on judgment |
. VoL n. 11, 16, 17, 111 |
|
|
Plea of nW ^ record to |
, |
VoL ii 11 |
|
Plea of ml dAet to, on foreign judgment |
• • |
11 |
|
At law will not lie on decree in equity |
r |
ci 14 |
|
On judgment in other states |
• |
« 15 |
|
As to judgment in penal |
> |
15 |
|
By mortgagee for possession . < |
• • |
•* 16,17 |
|
Two, for the same cause |
, , |
" 19 |
|
tTben judgment will bar subsequent . |
• . |
« 27 |
|
For damages .... |
• |
« 41 |
|
For property as detinue |
• •> |
<" 43 |
|
At law, jurisdiction of circuit court |
t • |
44 |
|
Civil, in circuit court |
• • |
« 45 |
|
By foreign attachment . |
, . |
a 43 |
|
By endorsee against endorser . • |
• • |
«« 49 |
|
(H* covenant against assignee |
t . |
" 70 |
|
Rule in, for libel . . . < |
, , |
« 51 |
|
Of debt for a penalty . |
, ■ , |
55 |
|
Ofdebt . . . : . |
Vol. ii. 56 61, |
235-4ii. 75 |
|
Judgment on the same cause may be pleaded in bar |
VoL ii. 63 |
|
|
For legacy when will lie |
, , |
97 |
|
'Who may be joined in, for libel . |
. |
105 |
|
Kegligence by assignee in prosecuting |
. |
113 |
|
Personal . . - . |
. Vol |
. iL 118, 235 |
|
For malfeasance .... |
, |
VoL ii. 118 |
|
Against banking corpotations |
, |
« 118 |
|
Barred by statute of limitations |
Vol |
. ii. 118, 126 |
|
For breach of duty |
VoL u. 121 |
|
|
Against sheriflb for misconduct of their deputies |
. |
122 |
|
Against sheriff for not duly returning writ . |
. |
122 |
|
Immediate cause of . . . |
123 |
|
|
For negligence or mistake |
. |
122 |
|
limited on penal statutes |
. |
« 124 |
|
Prescription interrupted by |
124 |
|
|
Original cause of . |
125 |
|
|
New cause of .... |
, . |
« • 125 |
|
Cause of, should not be deferred |
. |
129 |
|
Of malicious prosecution |
. Vol |
ii. 135, 136 |
|
Malice of defendant a ground of |
, |
VoL ii. 135 |
|
Who may maintain for malicious prosecution |
, |
136 |
|
By infant for breach of promise to marry |
, |
** 164 |
|
Rule as when, will lie for breach of promise |
. |
" 164 |
|
Defence to, for breach of promise |
. |
« 165 |
|
Plaintiff in, for breach of promise cannot afterwaide re |
cover damages |
|
|
for seduction . . |
, |
« 165 |
M
AcnoH (coNmrois).
|
AoTioN*-— Of trover for pledged title deed |
Vol. iL 1:73 |
|
For condition broken |
. " 185 |
|
Against mortgager for wa^te |
« 186 |
|
Against pawnee for conversion of pawn |
« 225 |
|
For negligent loss |
" 232 |
|
Against pawner .... |
. * VoL ik 225, 233 |
|
French law on, the liability of pawner |
Vol. ii. 234 |
|
On a bill single |
. " 267 |
|
For freight and demurrage |
« 267 |
|
Rule for granting new trial in ^ torn |
" 276 |
|
For nuisance . . . * |
VoL ii. 278, 279, 280 |
|
When, cannot be maintained |
« 278 |
|
For erection of dam affecting lands of plaintiff |
VoL ii. 279— iii 494 |
|
On the case for special damages |
. VoLii280 |
|
For obstructing navigation |
« 280 |
|
By reversioner .... |
. « 280 |
|
Rule for non-suit |
« 281 |
|
What cannot be enforced by |
•♦ 282 |
|
Against parent for money paid for support of his chile |
I . " ' 291 |
|
Ofpartitionatlaw |
. " 294 |
|
Of assumpsit .... VoL ii |
. 302, 330,— iu. 122, 234, 265 |
|
For reinstatement of right . |
. VoL ii. i)7 |
|
By depositor of mortgage |
VoL u. 323 |
|
When, will lie against copartner . . |
. Vol. ii. 327, 331, 332 |
|
Of account by one partner against another . |
VoL iL 330, 404, 405 |
|
By partner for moiety of capital |
Vol. ii. 333 |
|
Of assumpsit between partners . |
VoL ii. 333, 334, 404 |
|
By firm for settlement |
. Vol. ii. 333 |
|
On a promise to pay |
« 334 |
|
On an implied promise |
" 334 |
|
On contract between partners |
« 335 |
|
Ofde^t on award • . . ^ . |
« 335 |
|
By partner on private account |
« 337 |
|
Against accepter of bill |
" 358 |
|
By holder of bill |
359 |
|
By payee against administrator |
363 |
|
Depositions in, at law . |
** 364 |
|
For careless driving |
VoL ii. 367, 368 |
|
Of covenant on deed |
VoL ii. 370 |
|
Bar to, between partners . |
" 377 |
|
Against firm on bill by one partner |
" 380 |
|
For money held in trust by partner |
. « 387 |
|
For freight .... |
« 391 |
|
On partnership note |
" 399 |
|
DeclaratiooT in, against partner . |
» 404 |
|
One plaintiff may release subject matter of |
. « 420 |
|
By partner after dissolution |
« 420 |
|
By partners .... |
VoL ii. 422-426 |
|
& contractu limitation of |
*< 422, 426 |
ACTION (coimirDBD).
15
|
Action— By one firm against another |
Vol iL 429 |
|
Joinder of partners as plaintiff in, ex €Mil»tKte |
«* 423 |
|
B7 paitneiB on a deed . 1 . |
** 42i |
|
By survivors of deceased partner |
" 424 |
|
By partners on guaranty |
u 424 |
|
On policy of insurance by whom may be brought |
" 424 |
|
" 425 |
|
|
Joinder of infiint pannen |
« 425 |
|
Rule as to joinder of bankrupt partner |
** 425 |
|
Ec ddicto joinder of parties in |
VoLiL425,426 |
|
Evidence necessary to support, by partners |
Vol. ii. 426, 427, 429 |
|
On bills endorsed in blank . |
VoLii42e |
|
Against partners .* . • . |
VoL ii. 427--435 |
|
JSr conimctiik against partners |
. VoL ii. 427, 429, 431 |
|
Where one partner is an infimt ; |
Vol. iL 428 |
|
Ex ^[luui cvntndn |
** 429 |
|
Execution in, against partners |
" 432 |
|
Joint, against partners |
" 432 |
|
By one partner against firm |
« 433 |
|
For contribution ... |
" 437 |
|
On assignment of patent |
« 448 |
|
For violation of patent right |
VoLii.461— iii.63,65 |
|
For consideration of lost note |
Vol. ii 465 |
|
For goods sold and delivered |
VoL iL 466, 480 |
|
Against sureties on a bond |
VoL u. 468 |
|
Plea to, of debt on bond |
** 470 |
|
472 |
|
|
Plea in bar to .... |
VoL u. 473, 474 |
|
Plea In abatement to .... |
Vol, ii. 473 |
|
Plea to, on lost note |
« 474 |
|
Plea of title in, of ejectment |
** 475 |
|
Plea of piu (iarrem confuwancf in bar of |
VoL ii. 475, 476 |
|
Waiver of legal defence to |
VoL ii. 477 |
|
'Pleaof«a(2e6tfto |
« 478 |
|
Tot devastavit |
« 478 |
|
Ofdebt on record |
** 479 |
|
Plea to the right of .... |
<* 480 |
|
Of assumpsit for negligence |
. ' •* 481 |
|
Of adultery or seduction |
*" 483 |
|
When general issue may be pleaded . |
« 484 |
|
Of assumpsit by attorney ibr his fees |
** 484 |
|
Plea of payment to |
« 485 |
|
Power of attorney to bring |
" 519 |
|
For the occupation of land . |
« 538 |
|
Nature of; of r^levin .... |
•• 542 |
|
# Of replevin, how differs from all others |
. « 642 |
|
In what cases replevin will and wiU not lie |
. VoL u. 542, 543 |
|
What must be alleged in replevin |
*" 544,545 |
|
^publication in, of tort |
:VoLii.549 |
16
Acnm (cohtirokd).
|
AOTiOM^Of fctrt/actof .... |
VoLiLlW |
|
For false retnm |
Vol iL 060-41113 |
|
For seduction who may maintain |
. VoLiL»3 |
|
Of debt against obligors |
•• 561 |
|
For quod serviiimn amuU |
. « 963 |
|
Form of, for seduction |
•• 564 |
|
Brought in name of assignor |
•* 566 |
|
Rule for set off, of coste in case of non-suit |
" 570 |
|
By trustee for cethd que truBt |
•* ff72 |
|
Set off in real .... |
" 572 |
|
Against shexiff for neglect |
VoL ii. 579, 580 |
|
' Against owners of ship |
Vol. ii. 613 |
|
For damages against master of ship . |
•* 621 |
|
In admiralty against owners |
" 638 |
|
For damage by collision |
« 685 |
|
IVheA, will lie for slander |
VoL iL 689, 690, 691 |
|
On the case upon assumpsit |
. VoLiL695 |
|
By surety against co-surety |
" 707 |
|
By virtue of letters testamentary |
« 727 |
|
Plea to jurisdiction of court in tnnsitoiy . |
« iiL 10 |
|
Abatement in real |
Vd. iii. 12, 20, 22, 25 |
|
Pleadings in personal .... |
VoL iii 12 |
|
Writ of error in personal |
. « 13, 15 |
|
Of trespass when abates |
" 13 |
|
By endorsee of note |
. « 16 |
|
& delicto for tort .... |
« 17 |
|
Against secret partner |
«• 17 |
|
Afisnomer in, of ejectment |
« 18 |
|
Attachment defeated by discontinuance of |
. » 76 |
|
For false imprisonment |
35 |
|
t^n a judgment .... |
« 37 |
|
38 |
|
|
Bar to future, for tiie same cause |
« 55, 78 |
|
Plaintiff cannot split cause of |
"68,226 |
|
Oftetin .... |
. « 63 |
|
For slander ..... |
« 88 |
|
Special bail in .... |
« 89 |
|
« 92 |
|
|
Entering bail to . |
96 |
|
Against attaching creditor |
« 97 |
|
Creditors liability to, for folse affidavit of non-midenct |
98 |
|
Duty of district attorney in civil |
« 99 |
|
Amicable .... |
« 104 |
|
Against attorney for money collected |
. VoL liL 105, 109 |
|
Special, on the case . . . . |
. VoL iii. 108 |
|
1^ client against attorney |
" t24 |
|
On promissory note . YoL ii. a7S-iiL 199, 233 |
,257,258,301,334,428 |
|
New cause of .... |
VoL iu. 135 |
|
For maintenance of children |
. « 138 |
ACTS OP A88EMBX.Y.
17
Action— For contents of lost note For balance of account On note made by minor On the case fox negligence of stage driver Redhibitory ..... Liability of sheriff to At law to try v^dity of patent . *What amounts to filing a plea for appearance to Against attorney for appearancei without warrant Common and special bail to Against special bail on recognizance Form and requisites to hAd to bail On bail bond ....
As to surrendering bail during pendency of To compel transfer of stocks Of conspiracy, when private person maj maintain When court may order non-suit Of trespass against sergeant-at-arms Of debt upon what founded Of assumpsit upon what founded Form of declaration in, of indebUfUui tutmnptU . Formofdeclarationinjofdebt . For maliciously suing out writ of attachment . Of trespass against sheriff for breaking the close By donee against maker of note By guardian for seduction of ward By husband against third party for harboring absented Judgment for want of appearance Of trespass'by co-partner against sheriff . '
Plea of payment admits the cause of By phj^Bician for medical attendance Several, in favor of different plaintifis Of trover and conversion, definition of Advantage <tf trover over that of detinue . •
Beqnisites to maintain trover Plea of usury for defence to Payment before, may be given in evidence Defendant may plead release after promise
Vol iU. 148
" 160
« 19«
YoL iii. 221, 222
Vol. iii. 224
" 228
« 230
»* 260
" 262
YoL iii. 272, 273, 277
Yol. iu. 276, 277
" 277, 278
« 279,288
. YoL iii. 282
YoL iii. 293, 397
. Yol iu. 314
** 321
« 324
YoL iii. 339, 340
339,340
YoL iii. 340
« 340
« 351
« 366
" 375
388
wife << 396
" 416
« 441
- 451
« 452
« 454
** 486
** 486
« 487
" 492
*< ii.485
" 485
ACTS OF ASSEMBLY.
kn% OF AssBMBLT— How authenticated .... YoL iii. 27
Requiring mortgages to be recorded . . • ** ii. 190
Must conform to the constitution to be valid . YoL iii. 314, 316
Abolishing imprisonment for debt . . • ** ii. 263,475
Relative to attachments against absent or absconding debtor " iii. 83—87
Authorizing seizure of boats and vessels . . • ** 97,98
When contnict to procure, is void • . • • YoL ilL 326 3
IS ACTS OP CONGRESS — ADEMPTION OF L&OACI5S — ADJOURNMENT*
ACTS OV CONGRESS.
Acts of Congbsss — Must conform to the constitution . Vol. iii. 315,316
As to copyrights .... VoL i 272
As to depositions of witnesses . . ** 366
Relative to judgments in sister states . ** iL 13
Givingjurisdiction to S. court . . ; " 31,35
Title claimed under . . . « . 39
Relative to writ of Ao^eos eorpm . . . *" 43
As to jurisdiction of circuit court . Vol. ii. 46, 49, 54
Relative ta-removal of causes from state to circuit court . Tol. ii. 51
As to jurisdiction of district court " 56, 57
As to concurrent jurisdiction of state courts . " 61 Giving priority to United States . . VoliL 107, lOS— iii. 64, 65
Relative to patent rights . Vol. ii. 444— 456
To punish the crime of perjury .... Vol. ii 489
As to shipping articles . . . ** 629
Relative to American consuls or commercial agents " 633
To prevent destruction of ships at sea . " 651 As to attachmente against ahsent debtor ..." iii. 88
As to appointment of attorney-general of the T7. States . " 08 Relative to the admission of attorneys and counsellors to practice in
S. CofU. S. . ..." 100
As to the q»pointment of district attorney of United States '* 99, 100
Relative to naturalization of aliens . ^ 118
As to bail in criminal cases . . . . ^' 283
As to conspiracy to destroy vessels . - . " 313
Relativa to the enrolment of ships and vessels *< 360
ADEMPTION OF LEGACIES. AsBMiPTioii OF Lkoaoixs— Rule as to, by ad?Bneement of pordons of . VoL ^ 99
ADJOURNMENT.
ADJOTmifMXNr— Of congress, when and how made . .Vol iii. 27
Of district courts . . ** 28
Of circuit courts . . . . <* 28
Of supreme courts .... ** 28
ADJUDICATION.
Adjudication — General custom or usage settled by . Vol. i. 289
When cause to be submitted to prize tribunal for " 336
When ship and cargo subjected to . Vol. i. 511, 512
When court may proceed to . . . Voi ii. 58
Validity of compromise cannot depend upon futuie . . ' 244 When S. court will not disturb .... >oL iii. 223, 224
Of matter by competent jurisdiction . . . . VoL iii. 237
As to power of courte to review . . . " 325
ADJUSTMENT. AiirnsTMBNT— Of partnership transactions . • . VoL ii. 330, 331
Ofa portion of partnership effects .... VoL ii. 334
Ai>MIi'7ISTSRlKIG POISON ADMINISTRATION.
19
ADJUSTMENT OF GENBRAI. AYBRAOB.
Vfhax must contribate .... VoL i. 573
Rule for valuation .....*' 573 Rule for estimating value oi' ship . ' " 574
As to the contribution of Ineighi ....** 575 Examples illustrating rules of contribution on ship, caigo and freight " 576 Ffect of, in a foreign countiy .... Vol. i. 579, 580 Mode of adjusting partial loss .... Vol. i. 582
Rule for adjusting partial loss on shi)>s . . . "582
Rule for adjusting salvage loss . . . " 583
ADMINISTERING POISON. >
A^MiMiSTERiHO Poison — By mistsko . . 'Vol.l. 437, 438
Feloniously, what constitutes . Vol. i. 431— iii. 185, 186, 452
What indictment for, must aver . . VoL i. 432— iii. 185
To child by mother .... Vol. iii. 185, 186
ADMINISTRATION.
Aj»mini8tkatioh — Foreign
Letters of . ... Vol
Grant of . . . Vol. i. 391
Joint and several bond by executors for fiiithful
Of assets, executor responsible for
Executor's liability for default of clerk in
Granted to wrong person
Rnle of Roman law
Common law rule ....
As to immovable property .
Where letters o( to be taken out
Ancillary ....
What understood by the term ancillary
Rnle where foreign administrator does not take pot
Of property m^tMnto ....
Bfbndamus to prove a will if there be none to grant
Marshalling of assets under
Jurisdiction of court of equity in
Of aaliBets of guaidian or ward
Of partnership affairs
Of bankrupt's estate
Revocation of letters of
In equity when surety entitled to
Foreign letters of .
Decree o^ insolvent courts
Attachment against estate under «
Of the estate of deceased administrator
DoTtoHo mortis causa does not fall regularly within
Of an estate according to the trusts of a will
|
, |
Vol. i. 390 |
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i 390, 394— ii. 470, 498 |
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L. 471— iii |
.193,197,298 |
|
Vol i. 384 |
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« 385 |
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« 387 |
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« 390 |
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« 390 |
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" 391 |
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« 392 |
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«^ 394 |
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*" U.137 |
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« 166 |
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« 167 |
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« 169 |
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Vol.u |
. 315, 316, 414 |
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« 436 |
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« 476 |
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« 706 |
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•* 727 |
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« iu. 76 |
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« 115 |
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Vol. iii. 356 |
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20
ADMINISTRATION BOND — ADMINISTRATORS.
ADMINISTRATION BOND. Admin isTRATioM Bond — Action on . . .
Joint and several . . . . .
Suit on by distributee of estate
JkvaatavUy must be established before suit can be maintained
ADMINISTRATORS.
Admin isTKA TORS — Rights and authority of • •
Note made by, as
When demand of payment must be made Of deceased payee may endorse When property in a bill passes to When, may sue on bill Endorser becoming, of drawer Jkrattavit Deed given by .
When, ought to be made a party to the suit Ejectment will lie by and against An inquisition /e2o de u against . Married woman may be administratrix Writ of fieri faciat against When, liable for negligence Distributing the fund Selling slaves when liable for their value When, omits to plead . Relation to creditors and next of kin When heirs may call on SalQ by, without proper security How hold assets when both guardiaa and Liability for acts of each other In trust not capable to be examined Delivering property to next of kin Allowing trust moneys to lie idle Appointment of, in the absence of executor Distinctions between heir by intestacy and Title of, from what derived Foreign ..... When foreign, treated 9fi executor — dt ton tort How stands towards each other where powers a;
ferent states Where' property has no positive locality Of the ybnim (iomiattt Action for damages against ,
How, may enforce foreign judgment . , Jk bonu non
May dispose of terms, in right of testito: Priority of claim by U. S. against Rule as to acknowledgment by If plaintiff sue a« . .
YoL i. 150, 31&
Vc' i.384
"liL 115
" 14a
. VoL i 425
" 70
74
« 80, 81
. « 84
« 84
« 133
YoL L IdO, 316
. YoL i. 299
YoL i. 191, 323
. YoL i. 337
« 367
« 210 »
« 383
" 385
« 385
« 386
« 386
« 386
« 387
« 387
« 389
"389
YoLL389— iii.36ff
YoL L 390
391
" 395 granted in dif-
i . « 394
« 394
" 394
« 408
« iL 11
YoL ii. 49— iii. 13
. YoLii. 69
. YoL u. 108, 110
\6l ii. 126
128
ADMIRALTY — ADBflRALTY C0UET8.
21
AoMiNisTKATOBs — When, connderetl as partner Plea ofplene adniimttravit prata- by- Defence that letters of administiation have been revoked Cum tntamtido cmnexo , . . ».
Of landlord ....
Defendant sued as . . ,
Of one who dies in a foreign country When snbstituted as plaintiff Non-joinder of, may be pleaded in abatement When, neglects or refuses to become a party When, may commence suit in his own name Attachment against absent When attachment against, will not lie Not liable to answer as garnishee Debts in the hands of^ cannot be attached Can create no debt against the estate of deceased Affidavit o( to hold defendant to bail Debtor's collusion with May sue without describing himself . Action by donee in name of donors
ADMIRALTY.
Adjiisaltt — Appeal in, suspends sentence As to power of circuit court in And maritime cases, rule As a prize court
Jurisdiction over national vessels Rule as to salvage cases in Jurisdiction of personal torts As to entering a decree in •
Enforcement of lien by Dismissal of master by owner how held in Mate suing in, for wages Action in for taking minor to sea When mariner entitled to, process Invariable usage in the English In case of embezzlement by mariner Cause of collision . •
Appeal in, proceedings Answer to interrogatories in
'^ ADMIRALTY COURTS
AD3IXKAI.TT Courts— Jurisdiction of Peculiar province of . Appeal in ....
When, entertaining jurisdiction m rem As to seal of foreign courto in Injunction to stay proceedings in Granting commission to take new evidence
. Vol ii. 317
VoL ii. 470, 479
. VoL ii. 476
" 498
" 533.
« 572
" 727
« iU. 12
« 17
« 24
" 70
•♦ 78, 89
VoL iii. 82, 90, 97
Vol. iii. 91
« 97
« 258
« 278
VaL iii. 343—345
. VoL iii. 369
« 375
Yd, ii. 42, 43
« 50
« 55,60
« 58
« 50
" 59,681
« 59
« 612
« 614
« 626
« 631
« 638
« 640
« 643
" 663 « 084
«iu 263 « 263
Vol iii. 268 « ii. 610 « i. 519 i. 155— ii. 610 Vol. i. 3^9 " 464 « 12
VoL
22
ADMISSION.
AoMiEALTT CouETS — EjQTect of condemnation upon a central Sentence of condemnation by foreign Decisions in foreign Where restitution is decreed by Salvage decreed by . Jurisdiction of, as prize court Authority of Vice, to decree sale of ship When consent may give jurisdictioii Rule as to salvage cases •
Concurrent jurisdiction iVith Condemnation by Vice Decisions oi^ as to hypothecation Granting warrant to sirrest ship on bottomiy Assets marshalled by Are guardians of mariners Filing libel against ship in . Lien and proceedings imran for wages ' Sale under decree of Remedy in rem against vessel Remedy in, in case of collision Survey ordered by
How, will treat appeals in salvage cases District court of U. S. as Jurisdiction over lien for wages of seuneo
AnMIRAI.TT JVBISDrCT20X<
As to admission of new evidence
What are cases of maritime and
As to appeals .
Over national armed vessels .
In salvage cases
Of personal torts .
When seizure considered cause of
Of proceedings in rem
When consent may give
Extent of maritime and
As to information for forfeiture
In cases of libel of ship
As to admission of depositions
ADMISSION
ADHissroif — Of attorneys and counsellors to practice
warranty Vol. i. 519 Vol. L 512, 518, 519 ** 613, 518, 519 Vol. i. 5aa-4i. 686 Vol i 523 « u. 58 VoLi.549-ii610 . Vol. ii. 59 « 69 . « 59 « 335 « 605 « 606 « • 609 « 636 « 641 « 645 « 646 «« 679 . « 684 « iii.199 . « 238 « 266 « 428
Vol i. 12
« 12
« 12, 619
•• ii. 69
"89,681
« 69
60
Vol. L 11, 156
VoL ii. 59
« 57
" i. 12
« 12
" 366
. Vol. ui. 105
Of parol evidence to ejcplain written agreement Vol. i. 64, 112, 211, 2S1, 376, 377
Of secondary evidence ..... Vol. L 118
Ofparol evidence to show understanding of parties . . "126
When acts amount to, of contract . ' . . " 232
Of the lex loci ejQTect of, as to contracts . . . "241
Ofparty to a note to prove usury . » . •< 249
By adverse party . . . " 314
Of a party to the suit, Sow taken . 343
ADULTERY.
23
Abmisbion — Geneial rale as to, of evidence
Ofpartners . . . .
Of parties what necessary to allow as evidence
Of parol evidence to prove confession of parties
Of iactJi improperly obtained
Of declarations of supposed agent as evidence .
Of children as witnesses
Of party^to suit to give testimony
. Vol. i. 343—348 Vol. L 344— iL 196, 363, 429 Vol. i. 344 « 344 " 345 « 345 •* 346 350
" 353
" 357, 358
. Vol. i. 359
VoL 1363,374, 375, 376
. VoL L 363
367
" 372
" 372
*« 372
« 373
•* 378
« 374
" 375
" 375
VoL i. 375, 376
Of husband and wife to give evidence for and against each other VoL L 351, 352 Of counsellor or solicitor to give testimony « . Of hearsay, evidence . *
Of dying declaration as evidence Of evidence of character in civil suit y Of evidence of character in tnals for felony Of depositions after death of witness Of account books as evidence Of journals of the house Of public gazette ....
Of books of public offices Rule as to, of histories as evidence . •
Of character in evidence, in action for slander In actions for cape ....
Of evidence of general character for drunkenness
Of parol evidence to prove official character
Of extrinsic evidence to prove that a deed absolate was intended
as a mortgage .... VoL ii. 171, 172
Ofimproper evidence, rule . . , « 269,270
Ofdeceased partner's representatives .... VoL ii. 316
Of partnership . ; . <* 344
Of fraud . . . . . . . . " 380
Judgment will not be reversed for, of illegal evideace • ** iii. 146
By one executor how binding upon the other . . • " 154«
Ofthe feet of adultery . . . . . ** 215
ADULTERY. AnvLTERT-- Admission of • ..... VoLiiL215
Liability of husband who has turned away his wife for . << i 205
Harried woman not liable on her contracts though living in . ** 207
Bond to live in, how held . . . ' ^ 261
Divorce a vintvio tMtnmonii for . . . ** 394
Where vnfe has committed . ** 325
When husband lives in . . *' 453
Where both parties are guilty of . . ** 325
Confession of wife as to . • , ^ 325
Where a husband takes another in the act of. with wife . Vol. i. 439, 445
Suit for divorce on the ground of '. . . ' , Vol. ii. 102
Statute of limitations may be pleaded to action for . . **• 483
Return to conjugal society after knowledge of . . . " iii. 115
Non-access not presumed from the feet that wife lives in "194
Divorces in different eonntries for . . * . Vol. iii. 348-^50
M
ADYANCBMENT — AD7BR8K.
ABYANCEMENT. Adta N OBM m 7^-Of poitions
Conaignee's ri^^t to break up yojage Ibr
On goods by aaetioneer
Under stipulation for bottomry bond .
To relieve ship from actual arrest
To ship owners on marine interest . . .
JMade on personal credit of owners
Right of master to hypothecate ship for
Of money on credit of master *
Of money to a partnership under guaranty
lien on vessel and caigo for
Of freight money, how may be insured
Average contribution of interest on^
Of flight, how considered .
Ademption of legacies by
Attorney's lien for .
Mortgages given for .
Mortgages for future advances
Rule in the civil law as to future .
Lien of foctor on goods for .
Factor pledging goods for
Bypartner, ofmoney tofiim . *
Action against firm for, on separate bill of one partner
Partnei's lien on stock for extra .
Of money by surety
Consignments to firm for . . .
Induced by fraudulent means
Appointment of trust fund
By trustees
Right of ship's husband to demand « Bottomry bond given as security for .
Bills drawn by master or owners as ^cunty for
Master's lien on freight for
Forfeiture of; by seamen
To crew for deviation
Byfothertoson ....
Assignment of life policy for . *
Workmen refusing to proceed unless they receive an advance of wages Vol. iiL 312
Liability of partners for advances to be made . "• 444
ADVERSE. AsvBRSx— -Possession . Vol. i. 338
Claims ..... Vol. ii. 4a— iii. 218, 257
Suits . . . . . Val.iia08
Interests . *' 308
Equity . . . . "711
Parties . Vol I 314,350— iL 52, 54,260— iii. 21,155
Title ... ... Vol.i.l9(f
Rights • • • " lii 213
Vol. L 454
« 30
" 51
. " 153
" 152
. « 153
Vol. i. 153— ii. 611
VoL i. 153, 154-41. 604, 607, 608, 611
. Vol. i. 154, 155
VoL i. 417— u. 419
. ** 472 « 226
. Vol. i. 478
. Vol. L 556«570
. VoL i. 576
" u 99
: " 112
. VoL U. 171, 172, 173, 323
. VoL ii. 174, 175, 178
VoL ii. 180
VoL ii. 227— iii. 130, 133, 160-165
VoL ii. 228
VoL ii. 301, 307, 310, 324
VoL ii. 373, 381
VoL ii. 410
" 427
438
** 440
499
511
« 504
« 609
" 610
« 628
" 632
« 633
« iiL 116
VoL ui. 201, 202
ADVKRftB POSSESSION ^AFFIDAVIT.
35
ADTBSSX POSSE8SX01I.
Rale aa to . ... . Vol. i 338
Inteiruption of seisin by . . . " 6d
Without written evidence of title . . . "339
Question of; by whom to be decided . . *< 339
How, to be construed ..... ** 339
By landlord and tenant . . . " 341
Necessary to vest a right by limitation . . . *" ii. 115 .
To make the statute a bar . . . *' 116
Rule as to, between landlord and tenant . . '* 117
Facts necessary to constitute an available . YoL li. 116, 117
By agent or bailee . ..... Yol. ii 117
By trustees . . * *" 117
I^ to tenant against tenant .... * 130
Neglect to enforce claim while another was exercising . " iii. 219
AFFIDAYIT.
AvnPAviT — What is ...... YoLi. 13
What ought to set forth . . . . "13
Plea in abatement must be verified by . Yol i 9— iiL 21
Not to declare merits ..... Yol. L 13
When, admitted in evidence ' . . . . ** 13
Demurrer for want of . « . . . . "13
Of married woman for information against her husband . ** 351
To prove loss of written contract . . . " 377
To show real value of matter in dispute . . . " ii. 43
In circuit court of U. S. . . . . Yol. ii. 51, 52
For new trial and impeachment of verdict . . YoL ii. 266, 267
For writ nt exeat . . . ** 262, 342 Surprise shown by .... Yol. ii. 268
Of discovery for new trial . . "269
Not conformable to the statute . . . " 274 For a new trial on the ground of newly discovered evidence Yol. ii. 269— iii. 224
To support motion for injunction . . « YoL ii. 339, 340
Plea of pme darrein eontimuuice must be verified by . . " 475, 476
Penons may be indicted for perjury . • . YoL ii 486
In proof of claims . . " 489
To the seal of notary . . . . " 512
For ecirefaeioM to revive judgment . . « " 563
For warrant to arrest ship ... • " 610
Plea to person of plaintiff must be verified by . . ** ti 11
When plaintiff lails to file . . . . <* 91
Defect in, how waived . . . . ** 91
When, not sufficient to authorise an attachment . . ** 95
False, of non-residence ....." 98
When absent debtor may come in without . ** 113
• When, not sufficient to authorise an order of publication "114
Ex parte, of vritnesses to prove loss or contents of written instnmient " 116
Of non-resident in a suit by attachment . . . ** 133
Of meritSi when party may plead without ..." 143
4
26
ArriNITT — AFTIRMATiuff AVFRAT — AOEIIT8.
Affidavit— Of defence to part of the ckim
Omission of a &ct through mistaJce of counsel amended on
Material variance in declaration from
To hold to bail, how made
Of administrator to hold to hail
Possession of dwelling-house obtained by ialse
AFFINITY Affinity — General rule as to
Prohibition of marriage on account of
Divorce a vinaUo nuUrimonii for .
Issue of marriage null by decree on accoun . of •
Ground for principal challenge of juror
As to collaterals by ... .
Judges prohibited from presiding on account of
AFFIRMATION.
Affiekatiok — False, how construed Action on the case for false By vendor as to quality of thing sold . Belating to policy of insurance
AFFRAY.
AffrXt — In the heat of blood
Killing by stranger who interposed to part combatants in
All persons bound to assist in suppiessfhg
Persons engaged in, may be arrested without warrant
AGENTS. AffXKTs — ^How created
How agency is inferred Authority to draw bills, when infened Dissent of principal . :
Person cannot create himself^ without authority Surety may pay debt of principal to lelieve himself Subsequent promise of principal Acts of, in concealing and suppressing deedi If principal adopts the acts of Voluntary English law
Payment by, without authority . Ground of implied authority of ' Acquiescence in acts of assumed Corporation appointing, without seal . Authority of wife in absence of husband When contracting party considered ai Banker how considered . Preference of written authority over implied Parol authority to accept bills Contract to guaranty
. yoLiii.29B yoLiiL202,263
. VoLiiL277 VoLiii.278,279
. VoLiu.278 « 304
Vol. ii. 146 « i. 426 324 « 327 « ii. 64 « 147 « lii 261
. Vol. ii. 489
Vol. 1 347, 348
. Vol. i. 237
" .489
Vol L 427 « 428 •* iii. 40 « 41
VoL i 17 « 17
- 17 « 17 « 17 «• 17
• 18 a 18 « 18 « 18; 38 " 18
- 18 •* 18 " 19 « 19
VoLi 19
* 19 •* 19 « 19* « 20 "^ 90
AGENTS.
27
AoBKTS — Acceptance of a bill of exchange by
When bill must be presented to, for payment Transfer of bill or check by . Endorsement of bill by, to dead principal . Note transmitted to, for collection Insolvency of .
Insurable interest may exist in . .'
Withholding information from For insured concealing letters When, for the assured and underwriters When master becomes, of insurer Money paid to plaintiff's Possession of, how held Subordinate public, refusing to act Constructive notice to
Acting under mistake . . •
Statements by common ' Acting partner the general . Portion of profits to, does not render him a partner Each partner is authorised, of the firm Civil and criminal liability of principal for acts of . Assignor as agent of assignee Partnerships usually proved by . . Sheriff as legal ....
Special partners not to be employed as Power oi; to collect not a power to transfer * Receipt of freight by master as general Commercial, in foreign ports Master of vessel how considered Order for money in the hands of . Eflects of absconding debtor in the hands of Promise of indemnity to Declarations of how received Selling goods of principal and taking note payable to Principal may forbid payment to Goods purchased by assumed Principal denying the authority of Goods purchased of assumed.
Attached bond signed by . . .
Purchases made for an infant by . Th« state exercising the right of eminent domain by
F0WEB8 AND IU7TISB OF AOEITTS.
Acting nnder a geneTEtl power
Power to settl* accounts
Power of, in a particular transaction .
Acting under a special power
Where exceeds authority . •
By the civic law ....
VoLL77,78
" 80
« 80,81
" 80,84
« 97
« 108
« 475
" 492
« 497
" 553
554
" ^. 19
117
« 138
192
" 249
302
" 31C
« 346
Vol ii. 351, 354, 383
VoL ii. 36S
" 392
** 426
434
443
513
" 612
VoL ii. 633, 639— iii. 31
VoL u. 617,^624, 661, 667
VoLiu.68
« 94
" 116
VoL lii. 116, 607
himself « 116, 117
VoL iii. 116
. " 117
117 117 136 196 241
Vol.
20
20
. " 20
" 20
VoL L 21— ii. 512
VoL i. 21
128
AGENTS.
AosNTS — Where, departs from 9iXi\h.o:Uy . '
DistinctionB between general and special .
Risk of dealing with
Warrantyby . ' .
Right to sell on credit
When at his own risk
Under dd credere conunission
Sale by, contrary to usage
As to manner of payment
Factor taking note pajrable to himself
Cannot bind principal to allow set off
Has no right t« barter goods of principal .
May not pledge ....
Exception to rule . « .
May deliver goods to third person
May not purchase for themselves
Infknts and/«mm<i coverU may be
Primary obligation . * . •
If loss ensue ....
Not allowed to retain profits
Duty in absence of specific instructions
Bound to diligence and care
Cashier may not transfer property by note " . .
May not delegate ....
Power to two, cannot be executed by one
Conveyance of lands by attorney
When, may depart from instructions .
Rule in chancery in such cases .
Authority to buy and sell, not including power to sign
Withholding money of principal .
May not sue on simple contract
Power to sell lands ....
May not appoint a sub
Maxims relative to .
As to payments to broker
Claims for reimbursements by consignee .
Authority by letter of attorney
Adjustment of loss by ...»
To receive anJ pay partnership debts may not endorse
Authority of, to receive payment
Receipt of
Release by
Where pajrment is tendered to
In whose name, may bring action
Personal capacity requisite to purchase as
General usage
Duties of; in negotiating bills
Without reward
When consignee may break up voyage
notes
biUt
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AGENTS.
29
AamTS — Obligaticn ^f, to insure
Where authority is given to several
Right to sell to pay endorsements
Duty in absence of orders
Oflicial or private acts by cashier
Power of, to collect not a power to transfer
May refuse to act, in case of hypothecation
Note confided to, for collection
When, must sue in name of principal
As nominal plaintiff
May sue in his own name on check payable to bearer
Of person whose name was forged
Of the United SUtes .
Parol authority to fill up bond
'Advances by .
When notice to, binds principal
Corporation may contract by
Auctioneers agents for both parties . VoL
Premium to, for procuring discount
Acts of corporation, how considered
I};»i^es of, how bind employer
May execute a deed for principal
Parol ratification of deed by
Peed by, after death of principal
Landlord may distress by private
Declarations by supposed
Employed to make certain propositions
When, may be witnesses for principal •
Authority to discharge from custody
Executors liable for de&ult of
In the absence of executor
Must deal in good fiuth towards principals
Incited to commit murder
license granted to ...
Policy effected by, without warranty
Policy effected by, without knowledge of principal
Imperfect execution of order to insure, by
UOHTS AUD LIABILITIES OV PUXCIFAL8.
Whence do the rights of principal* arise
Liability of principal to
Guarantee of sale by
Where the fector fails
General doctrine .
Where banker fails
Principal may collect
Upon what liability of principal depends
Contract by, how made
Name of principal not disclosed by
Vol.1. 31
«~ 31
« 31
« 31
«* 31
« iL 513
" 608
« iii. 106
Vol. i. 109
« 115
« 117
122
« 128
" 149
« 153
" 185
« 203
S43-4L ^8— iii. 12S. 268
Vol. i. 246
" 277
« 287
. « 297
«* 297
« 298
« 322
** 345
34.5
« 353
« 382
Vol. i. 887, 388
Vol. i. 390
« 406
« 447,450
. Vol. i. 468
" 470
•* 471
471
Vo: i. 32'
" 13
»• 3a
" 3a
" 34
34
34
A
34.
30
A0BNT8.
Agents — Exchanges by without authority Adoption of unlawful measures . Acts of general Eifect of notice to Goods sold by factor Contract with Horses hired or sold by Party dealing with, elects hini as debtor Warranty by Verbal declarations by . General rule as to Sale o/ lands by
Principal civilly responsible for acts of Note and mortgage taken by Negotiable paper transferred by Covenant by ship-master, as to repairs When notice to, binds principal
PERSONAL LIABILITIX8 OF AQISTe.
When, personally liable . . • .
How, may excuse himself ....
Responsibility for acts of sub
Responsibility of voluntary, inferior to that of a hired
Gratuitous promise
General principles in equity, as to .
Not liable in case of robbery, &c. •
When bound to insure . •
Effect of, neglecting to insure
Must pay importation duties . •
Money mis-paid to .
How, must sell when no price is limited
Payment by, after notice
Risk of payment to . • .
When, not liable to repay
Unfaithful execution by .
Defence for not insuring
Losses occasioned by third persons
Not entitled to compensation for illegal employment
Loss by, in unauthorised adventure .
Neglect to enforce payment of rents
Liability of factor
Criterion of liability
Dealing as merchant
Manner of settling intricate accounts
Unauthorised investment by
Distinctions between public and private .
Liability of ^vemment
When, binds him w»lf personally .
Acts of attorney without authority •
YoLl 35 « 35 *• 35
« 35
« 35 « 35 « 35 « 36
36 « 36
« 37
« 37
* 37
37 «. 37 " 37
*• 185
VoLi. 38
« 38
« 38
« 38
9,42
39 40 40 40 40 40 40 41 41 42 42 42 42 42 42 43 43 43 43 43 44
AG£NTA.
31
Aox R T8 — Gratoitons promise to Id rare Mfty effect policy in his own name To whom policy belongs Responsibility of .
When chargeable for breach of instmctions When, may be exonerated Absence of fraud or bad motive . Neglect to present a bill for acceptance Carrier's liability for acts of . . Bound by limited responsibility of carrier Of corporation
Committing trespass by order of principal Liability ^fpublie, for money stolen £com office Liability of joint factors
BIGHT TO Lim
General lien ....
Lien for balance of accounts
Lien by agreement
Waiver of lien by
What necessary to create a lien
Lien upon price of goods sold
Penons entitled to Jien
Lien in case of finding
General lien founded on custom
General, liep how regarded
How lien may be established
How lien may be destroyed
Wrongful possession
Notice of lien
Lien of attorney upon client's papen
Lien for costs
Dyers' lien on goods
Lien of insurance brokers
Factor may deposit goods and retain lien
Banker's lien on papers
HOW TE&MINAVED.
How may an agency terminate Trust not transferable . » Power of attorney revocable Notice of revocation necessary Revocation by bankruptcy of principal
2«0UISIANA DBCISIONS.
May transfer right of aotion
Bound to diligence
Competent witness
Authority to sue no auth^ity to compromise .
Jhterrogatoiies to principal may not Ife answered by
Vol. L U
« 44
« 45
« 45
45
* 45 « 46
SO
« 163
" 184
280
Vol. iii. 116
" 455
VoLi. 38
VoLi. 46
Vol. i. 47, 48, 50— u. 324
Vol.i. 47
" 47
« 47
« 47,50 « 47
« 48
« 48
« 48
tt 49
« 49
« 49
49 « 50
" 50
« 51
51 " 51
« 51
Vol. i. 52
" 59
« 53
53
•*. 53
Vol. i. 56, 56
• 56 *• 56
« 57
32
IQREEHEIIT.
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Agents— Commission merchant . Dismissed without cause Action against, for endorsing Attorney may he called to testify Competent witness without release . Under a general power cannot sell skves For collection Right of indemnity May maintain suit for indemnity Factor responsihle for suh Goods sold to, for an unknown principal
DECISIONS IN THE SHPEBMB OOUET OV
Declarations by puhlie .
When ratification may be inferred
Construction of authority to
AGREEMENT. AassEMBNT— Must be founded on consideration . YoL i. 10, 103, 212, 416, 410 Exf^cutory ..... VoL L 200, 258-iii. 423
Written ...... Vol. i. 223— u. 350
Special . . VoL i. 68, 105, 161, 166, 466— u. 180, 307, 566, 626
Express . . . • . VoL L 99, 171, 313, 465— u. 310
Defectiye . • •
By bank officers, how £ir binding on the bank .
When obligatory
By agent in behalf of public
Creation of agenfs lien by
Right of lien waved by
When lien destroyed by
Effect of, to accept a bill
To accept a bill may be either verbal or written
What kind of, will discharge security to a bill .
Note taken in payment of a judgment by express
When depositor in bank not bound by
Mutual, between endorsers to lend their names
When, must be in writing
How held in the statute of frauds . VoL i. 110, lU, 408, 416
To become guarantor for another's engagement VoL i. 111,416*— ii. 693, 696
Parol evidence to explain written VoL i. 112, 129, 262, 376, 378, 370-41 252, 521
Between obligor and obligee to rescind contract . . VoL i. 115
Release of bond by parol . . . . ** 140'
Express, by carrier . . • • . ** 171
Jurisdiction of chancery to compel performance of . . ** 186 •
As to correcting mistakes in deed or other instruments . .. ** 187
Ju Igment confessed by virtue of . ". . . "195.
By specialty . - . . . « 199 *
By^irol VoLLl99,231#?34,3T»,408-iLl72
Must be complete and concluded » be a contract . . VoL L 202
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VoL i. 410 |
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Vol. i. 72, 73, 74. |
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VoLi. 74; |
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VoL i. 90, 134, 142 |
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VoL i. 110, 111, 419, 420-4i. 696 |
AGREEMENT.
33
Vol. i. 210, 352
. Vol i. 211
« 211
VoL i. 213, 221 VoL i. 215 « 215 « 218 " 238 « 236
Vol. L 243, 400 Vol. i. 244 " 245 « 345 « 245 " 252 " 253 « 254 « 25§ « 257 " 260
269
A.oa»«MB3iT— Between husband and wife
To indemnify . , . .
To postpone delivery . /
By payee of note to forbear . Forbearance a good consideration •
To release . . • •
Want of counterpart to written • •
To give bond to reconvey . Upon adequate consideration Signed by one party only To pay mors than legal interest . As to loan of stock
For interest to bring it within the statute . Rule as to substituted . * •
For the sale of the deputation of any office . Hisrepreseutation as to legal effect of . To conceal felony For possession not to follow sale To rescind must be complied with by both partitf Performance of^ by one party only How compel performance of Alleging two considerations Under seal as collateral security . £i a deed when amounts to an express covenant Declaration upon special Ambiguity in a deed explained With heir to accept certain things in Ueu of dower Made while in a state of drunkenness . Where witness produces written . As to marriage .... VoL For illicit intercourse .... With firaudulent intent
By.in&nt . . • • «
Inapolicy ofinsuiance . •
To refer matter to arbitration • •
Before marriage . . • •
Post-nuptial ..... Settlement in pursuance of written Settlement in pursuance of parol . Post-nuptial-settlements in pursuance of ante-nuptial Evidence of, to make a mortgage . In a mortgage .... When, not permitted to interfere with right of redemption When, treated as a mortgage Defective execution of . Ignorance of law no ground for rescinding How party may obtain relief for mistakes in As to partnmhip VoL ii. 303, 304, 31?, 316, 932, 333, 333, 336, 338, 350, 382, 405,
424,439,140,465.503 ft
. •* 294 " 331 « 334 « 850 L 377, 408, 411-4i. 159 VoL i. 405 " 42& VoL i. 463— iii. 196 . VoL I 546 VoL iL 124— iii. 11 . VoL iL 157 VoL ii. 161, 162 . VoL ii. 162 « 163 « 163 « 173 " 174 174 VoL U. 178, 179 VoL ii. 346 « 246 " 251
34
AIDING AND ABETTIlfO.
AaBBCMucT— Articles of, between paztnen Effect oC to share profits Fartnerships by parol
To share pziies .... For a lease with one of .two partnen To form joint stock eompanjr Todeftaiid . ' .
By tenant ....
Not to plead the statute' Money advanced on, for bottomry bond Payment of freight pos^ned by ^ By roaster to pay seamen To forbear to prosecute
Alteiation of the tenns of . • .
When verbal, will not dischaige surety Uses or trusts created by "^ . To convey lands
By creditors, to accept debtor's assignment . ' By attorney .... Cannot be enforced unless founded on consideration Voluntaiy, executed in equity Seal to, imports consideration Between two or more to prevent competition at sale By husband to pay allowance to wife To gain time on note or bill Failure to deliver goods according to Extinguishment or satis&ction of a debt depends upon To' assign life policy as security . As to one partner's claim without To dse firm name to wind up the business Beleases by mutual ColUteial, to give day of payment Voluntary abandonment of . When action will not lie for breach of "Whereby parties engage not to bid against each other Temporary stay of execution by . Compromise a good consideration to uphold Unlawful and illegal What, necessary to form a conspiracy By parol to rescind a bond Extrinsic evidence to ascertain true import of . With tenant at will Bond to secure loan by honSkfldt
4 AIDING AND ABETTING.
Ainiivo AND Abettin o — How considered . Vol. i. 446, 447
In homicide . . . ..'' 437,443
Can one present aiding and abetting be indicted as an aceeasory VoL i. 449
Inanpo .... YoL iL 520— iii. 938
VoL ii. 319 Vol iL 326, 346, 347, 438 VoL u. 330 . « 335 « 341 « 383 420 Vol. iL 534-^. 505 VoL ii. 550
- 609 « 614
. « 633
« 695
. " 702
« 704
VoL ii. 710, 711
Vol. ii. 725
« iu.47
" 104
« 117
« 117
« 117
* . 117
VoL iii. 118, 132, 194
. VoLiiLl33
* •« 141
Vol. iu. 157, 443
VoL iii. 200
- 226 227
. « 236 *• 239 « 240 . « 264 ** 269 « 282 " 310 VoL iii. 312, 492
. VoL iii. 313 « 423
, « 430 « 483 «* 493
ALIENS — ^AUENATION — AU2I0NT. 39
ALIENS.
AX.IS2C8— "Who are . . • YoLi 14
As to, nght to hold lands ... . ** 15
SfowdivestMl of title . • . • ''IS
May become insured . . ... • « 457
Have no right to attach pxo|)ert]r • • . ** it 12
Jurisdiction of supxezne cooxt of U. S. at to • . . ** 30, 31 Jurisdiction of circuit courts as to . • • ToLE 45, 48,51
Foreign attachment against .... YoLii. 50
Rule in action for libel against . • • . ** 51
How held in actions of ejectment . • • • " 51
Where sue for tort . . , . ** W, 61
Admiralty court jurisdiction of prizes . . . ** 59 When, may take lease .....'*. 69
May hold legacy of personal estate • . . ^ 74 Rule as to naturalization . YoL iL ^1— liL 118
Lands purchased by, in the name of third penon . . YoLiL713
How children of, may become citizens . • . ** iiL 118
Husband . . . . «< i207 F€mme covert ,....•*< 329
Widow's right to dower . . • « 329
AIUMM XXXKT.
License to, to trade . • YoL i. 468 Bow, may be pleaded YoL iii. 12,20
May not be insured ... YoL 1 467
When, may be apprehended . . ** iiL 29
Discretionary power of the president of the T7. S. in regard to . ** 29
Cannot maintain suit in courts of the 17. S. . . . ** 29
LiahiHty of, property to confiscation /Mrs MK . ** 30
Assignments to « " 5B
ALIENATION. AuxNATioif— Of estates YoL L 329-4L 510
Of lands, goods and chattels . YoL L 461— u. 203— liL 146
Injunction to restrain ..... YoL i. 464
When operates as a forfeiture . ' ** ii. 83
lAnds not susceptible of, cannot be acquired by presciqptioD ** 130
Ofwife's paraphernal goods ... • "151
Of pledged property by pledgee . . . ^ 226
Of partnership property ... <* 355
'Oflands to the prejudice of ereditozs . . . '^iiLl46
ALIMONY.
AS.IHOHT— What is ..... YoL L 396
Action&r . . . * 326
WhennecMat will be granted in cases of . . <* iL263
Natural children's claim upon fikHier and nodierlbr * ' • *< 903
Fathers and mothers owe to tiieir ehildrsn • ''293
Contract to bar a deexeelbr • r » . "iiLllS
3Q ALLEGATIOn — ALLEGXANCE ALLOWAITCX.
ALLEGATION. ALLBaATioN — In notice to endoner on promiBsozy note . Vol. i. 128
In a bill in chanceiy • . . . Vol. L 192— iii. 361
Of lunacy .... . VoLi.203
In a plea of usury .... YoL i. a49^iii. 287, 288
As to facts lesponsiTe to biU^ . . VoL i. 364
False, as to giants ..... ^ 415
Oftime and place . . , "^ 442
Ofwilfulne^genceandde&ultofexecttto • . ** 389
In indictment for homicide . • • Vol. i. 430, 440
In indictment for burglary . • . Vd. i. 460 — ^iii. 307
Of diminution .... . Tol. ii. 45
In declaration to avoid the statute . . • '* 128
What will constitute a libel . . . . *< 102
In declaration for malicious prosecution . . . ^ 136
In declaration for breach of marriage promise . . . ** 164
Of breach of condition in a bond . • . • . ** 480
In an indictment for perjury . . . . '* 486
In action of repleian ..... Vol. il. 544, 545 Necessary to support action of slander . Vol. ii. 690->iii.468
In a plea to jurisdiction .... Vol. iii. 10
In a plea of non-joinder in abatement . . . VoL iii. 16, 17, 20
In application for divorce on the ground of adultery . . Vol. iii. 116
Of violence in indictment for burglary . Vol. iii. 136, 137
By cleik in taking acknowledgment of deed of bargain and sale . Vol. iu. 142 Of " uttering" in indictment for counterfeiting . ** 105
In indictment for forgery ..... *^ 245, 248 Propounding codicil to a will . . . VoL iiL 251, 252, 253
In indictment for conspiracy . . . VoL iiL 313, 314
In declaration on simple contract or debt . . VoL iii. 339
By servant charged with embezzlement • . • <* 350
fii indictment for kurcen;^ ....** 425
ALLEGLA.NCE. At.'X'BOiAirox— Atwnatageamalemaytakeoathof . VoL L 461
Of particular countries, knowledge of must necessarily be imputed to
• underwriters . . ** 496
ALLOWANCE. il;.L0WANCz--Legal and equitable .... VoIL 43
To wife by husband .... VoL iii. 118, 194
For maintenance of children upon a decree for divorce . Vol. iiL 143
Of customs •'.... VoL i. 280
Of days of grace on bills of exchange ** 129
To mortgagee, for necessary ezpeneee . ** iL 187
To mortgagee, when set aside .... VoL iL 245, 246
Of patentee ....... VoL ii. 443
Ofdemurrage and ejqpeneesin courts of adnniralty . . " 660
Of salvage, principles as to . . . *« 681
Of compound interest on money in hCxIa of esLeentor VoL iii. 203, 204
ALLUTIil98— ALTEEATIOir OF XNSIttUMSlVTt^-AMBAflaADORB. 37
Allowance— In salvage cases . . 1 . . Tol. ill 338
To purchaser of property which was inacciuately dtaoibtd . " S7i
ALLUVIAKS.
ALLrviAKS — Rule as to . . . • « Vol. li. SSb
ALTERATION
Altsbatiok— Necessary, to discharge surety • - . YoL i. 09, 106— 4i. 70S
Of bin on acceptance, by drawee .... VoL i. 77
Made by holder of bill or note . . '** 78
Competent witnesses to prove . . • . " 104
What a material . . . . " 107 \¥hat not a material .,•••*' 107
Of a note by one of several partners . . • . -' 13i
Endorser may be witness to prove . • . ** 138
Of bond by interlineations .... YoLLl49-4ii. 258
Made without knowledge of all parties . • . Vol. i. 233
Of a deed after execution . • . « 309
Of deed when presumed . . ^ • " 309
Whether material, is a question for the eourt . . • " SIO
Of a deed while in grantee's possession . . . <* 310 Whether a deed has been altered is a queetioa of ftcttetiie Jury • ** 310
Of an executory devise or bequest . . *< ^ 322
Necessary, to amount to forgery . . . • ** 3d5
Of mistakes in a policy . . • • . ** 473
Action of slander lor charging one wUh altering a note . . VoL il. 25, 26
Of articles of partnership . • ** 316
Plea alleging material, of a bona . . • • ** 478
By creditor of an original agreement . . . ** 702
Of note, without consent or knowledge of maker • VoL ilL 133, 2.'S9
Accepter's defence for ..... VoLiii. 133 Of a deed by one party without consent of tine other, eiftet of . << 142
Ofa note by payee . . .' k "258
Of instrumente by consent of parties . . . ** 259
Ufade by a stranger . . . . . " 259
Of a bond by cleric in the custom-house to correct mistakat , ** 259
Of instrumente without varying the meaaing ^ ** 259
In4he date of an assigimient of a note • • " 259
Inacentract . . . . . « 300
AMBASSADORS.
^BASSADOBS — How and by whom appointed . a VoL iii. 30
Compensation to ... • . ** 30
Privileged from anest . . . . " 30, 31
Punishment for violence to . ^ • . * • . ** 31
As to the retaining of domicil . • . ** 31
Jurisdiction of supreme court in cases affecting • • » VoL ii. 30, 31
Acto of congress relative to . . . " 30, 31
Mimage ebrattd in tbt house of British, bow hsM • "111.215
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98 .AMBrOUXIT— AUENIXMBNT.
AMBIGUrrY. Aksiouitt — ^In bills of eiehange How explained When explained liy parol . Not admissible in cameras notice In written contract . • . i
In the words of a deed . In the teims ai an agreement In a giant to coiporation . . ^
In a deed how eiqilained Arising cMors the will . .
In a policy of insoxBAce
Jn description of the place where risk is to commence
In description of legatee . , . . . ** ii. 89
Of conduct . . • . « 164
In contiact of surety . . . . *^ 698
Inwiilhowesqilained ... . *" 720
AMENDMENT.
AjtEHDMBHT—Whatis . . ^ Vrf.i. 15
For what pvpose allawed .... ToL iii. 262, 263
When and by whom may be made .... Vol.iii261
Ofbillsinehanceiy . . . . . <" L 192
As to introducing new matter by amended blU . . • ** 109
Of bill by a^Uing plaintiff's . . *« 192 Of bill by incoiporating anything whldi arose rabedquent to action '^ 192
Whencourtsofeqoity may allow . . . *' 192
Of bill on payment of costs . . . . *< 192
Alter special demurrer ..... ^ 192
Ofdeclaiation in action of ejectment . . • . *' 340
Of an indictment . . . . . *^ 4d9
Of a policy in eoQxts of equity . • . .■ *^ 473
Of a judgment by certificate c^ judge . • . '^ ii. 26 As to records of courts being amended . YoL ii. 27^-^ii 239, 260 When courts will amend mistakes of clerks, &c. • ^ ii. 27— iii. 261, 262
Power of circuit courts to giant Vol. ii. 56, 139
Ofplaintiff's bill where statute oflimitations is pleaded . "* 129
Of writ of fmMM2a9M# . . . *< 140
Of petition for new trial . . . ** 265 Of plea wlien not permitted . . . Vol ii. 481— iii. 224
Of fore/tfdaf ...... Vol. ii. 562
Of sheriff's return .... YoL iii. 78, 118
Of judgment entered d£ oomt tuUOoriM when it should have been dt
homMpropmi ..... Yol.|ii 118
Of judgment, notice to opposite party neeessaiy . ** 118
To introduce a new cause of action . . . . ** 135
Discretion of courts as to . I . . * ~~ 260
When courU will interfere by way of . , . . •* 261
Allowed when fiiets were omitted through mistake of cc unsel « 262
ANCILLART ADMINISTRATION — ANIMUS FURANDI — ANNUITY — ANSWER. 89
Amzhdmemi^Iil a verdict how may be oqade Is in the discretion of the court, in ail cases Of the constitution of the U. States relative to taking private pro*
perty for public use At common law . .
Never to defeat or impair a judgment . 'When record of judgment only amendabk Never to contradict the record . .
ANCILLARY ADMINISTRAXION. Aiicix.LAaT Admihistkatiok— "What undenrtood by the teim. Null when foreign administrator does not take out . ANIMUS FURANDI Ajiixids FuKAif Di — ^When to be left to the jury .
- ANIMUS REVERTENDt AxTMTTS Revsktzndi — Of slieu husbaud presumed . Breaking into a house left by owner with . Absence, does not change domicil . ,
• ANNUITY* Ann TriTT-^For life . . « .
Limited .
Personal .
Power of redemption granting, excluded by mistake The purchasing of .
Security for .... To lunatics ....
Bequest of .... Absolute covenant to pay, instead of bond as intended Claimed by executors .
yoLm.268 •« 1.363
S62
263
•« 263
Vol i. 893 « SOS
yol.iii.30e,371
YoL 1 207
" ilL 805
. « 352
Vol.ii.77,83— iii.214 Vol iL 81— iiL 118
. YoL ii 215 « 242
. « 862 « 490 " iii. 191 " 200
. « 214 *• 215
* ANSWER.
AaswEBr— General rule as to * To bills in chanceiy Is not evidence . Joint, by husband . "^
How infants may . To amended bill in chancery Amendment of bill after Li law, to bill by demuiter By third persons . To questions respecting confidential communications By defendant as to matters of iact, in equity
. VoLii.344
Tol. i. 100-198-41. 200, 201
. Vol. i 191
« 191 . « 101
« 192 . « 192
« 316
. •* 345
354
"363,864
Which admits or denies ftcts in the bill, and sets up others in de&nce <* 365
Containing positive allegations responsive to the bill ^ 364
Witness need not eliminate himself by his •' . ** 365
To an indictment for felony . . • ''441
By lunatic during lucid intervals , • • • " 442
Bsw fiur an innkeeper is bound to • • • " 465
40
ANTE-NUPTIAL SETTLEMENT — AFOTHECABY AND JiKUGGlST.
AvtWBa-— And appeanno9 for a state VoL ii. 3
And appeaiasee waive objection to jnzudlction ** 50 TobiUinequlty . YoL iL 297^ 254, 405^ 501— Ui. 301
Bf defendant in a IK OMt .... yoLii.264
To a partition in equity . . '^ 205
Admittinfl[ the facts in the bm . . « 329
To dissolve an iii|uBction « . . ^ 3S9
Affidavits cannot be received in contradiction to . *' 340
Affidavits filed before or subsequent to . . " 340
Affidavits subsequent to may not be eonlndieted by . ** 340
Defendant may plead in bar to suit instead of aaawenag • . ** 342
By partners in equity
Byagent
Without oath by consent of plaintiff
In equity, by foreigner
To the statute of limitations
When plea is a good
By plea in bar must be condurive
To fects set ibxth in plea
When plea u not a good
Fraud as, to statute of limitations
Indictment fer perjury on, in chenceiy
By coix>orations to gMo toarranio
Recognizance to appear and
Plaintiff's, by repUeation
Two or more, set up by replication
Plea in, to statute of limitations
Garnishee may be compelled to .
By administrator as garnishee
To idre facias .
By garnishee when conclusive
By attorney .
To application for discharge ftom arrest
Denial of fraud in . .
To an indictment for burglary
By garnishee as partner .
To interrogatorieff ir admiralty
To a bad declaration, what a sufficient
Vol ii 342, 343^ 344
. Vol. ii. 344
344
"344,345
«* 363
• « 470 « 473
. •• 471 « 477
• « 482 . \ "485
. ** 515 yoLii.522— iii.284,455
. VoL ii. 540
540
" 550
« iii. 90
. « 91 " 94
. « 95
" 104 " 119 « 122
. « 130, 137 « 227 "263,487
ANTE-NTTTIAL 8ETTLEMSNT&
A«Ti-NupTiAL SnTTLKMKWTS— What are . VoLii. 100
What must occur to render fraudulent , "160,101
When void ... "160
APOTHECARY AND CHEMIST.
Afotbxoabt AMD Csmisiy-Negligently supplying wrong drug . Tol. L 438
Apprentice oi^ giving laudanum by mistake . • " 438
Administering drug to procure abortion . ** 432
General and assistant, of the United States • a** ill 100
APPEAL.
41
APPEAL AnsM' — When will lie . Wben will not lie From district to circuit court In admiralty cases To the supreme court of the U. S. In chanceTy, on whom the burthen lies From interlocutory decrees For costs, where it lies Chancellor may grant, from his own decree From decree of judgment by one of several "Who may join in petition of •
"Where, will lie if refused by chancellor Limitation of right to, in equity . From the chancellor or vice chancellor Privilege of parties on . From an order quashing an execution Against an order of bastardy Against removal of evidence By mutiny act As to wills, limit of time for Trial for cs^ital offence must be on indictment or From final decrees of circuit courts What sum sufficient to authorise . Differencebetween writ of error and . Consent cannot give jurisdiction by way of Effect of, in admiralty and maritime causes Power of circuit courts to grant amendments on Judge of probate refusing to grant Court of . To the court of cassation
Vol. VoL
VoLii. 43 " iii. 118 Vol. i. la-ii. 42, 55
. 12, 15-^u. 42, 55
15,16,195— ii. 50
. Ydl. i. 191
Vol. i. 193, 293
. Vol. i. 193
« 194
. " 194
« 194
. «* 194
« 194
. " 195
" 195
Vol. i. 313, 383
VoL i. 352
362
' « 367
Vol. i. 369, 371
Vol.-i. 457
" ii. 39
« 42
Vol. ii. 42, 43
VoLii. 42
" 55
" 56
« 138
VoLii 152— UL 118
. VoL ii. 153
Refusal to grant new trial for surprise cannot be examined on
Quashed for defective bond ....
By master of vessel .....
Or writ of error to reverse judgment
In cases of seizure .....
Attorney's authority to appear cannot be questioned in eotnt of
Attorney's authority to prosecute an
In criminal cases .....
When incompetency of witnesses no ground of
Mere laches in making defence no ground of
To the court for the correction of errors •
To the court of admiralty in salvafe cases
In admiralty ....••
From an award by aiintntors
«iu
268 275 612 13 97 104 105 118 119 146 195 336 903 964
APPXAL BOND.
Good against sureties
Good comparison to prove signature
VoLili.119 * i. 136
42 APPEARANCE APPELLATE COURT — APPELLATE JURISDrCTION.
Appsal Bond — Who must execute , >* » . • YoL i. 109
When defective . . . . . " ii. 276
^ Proceedings by idre facias against eecurities upon . . " 561
How far an attorney is authorised to execute . . . " iii. 105
APPEARANCE. Appxa^incx — What will amount to . . Yoliii.119
By attorney, effect of . . . . . ** 119
Of witnesses how compelled . • • ** i. 186
When husband is to enter joint .. . , ** 191
Byinfiints ... . . « 191
By parties on mere question of costs . • • . ** 193
By two defendants . . . • <* 195
Penalty for not appearing as witness . • . . ** 343
Right of circuit court to compel . . . YoL u. 12, 50
How state may appear ..... Yol. ii. 31
Objection to non-service ofpiocess waived by . . ** 50
Entered, and petition fOled to remove cause . . " 51
An order in chancery requires ....<* 200 Recognizance for . . YoL ii. 522, 523— iii. 128, 285, 455
What sufficient to discharge recognizance for . . Yol. ii. 522, 523
By debtor said to have absconded .... Yol. iii. 81 Judgment by de&ult against garnishee for want of . . ** 88
Requisites to, by attorney . . . . . ** 89
Attachment used to compel . . , . Yol. iii. 90, 95
Defect in affidavit waived by .... Yol. iii 91
Defendant may enter bail and plead widiout, in person . *< 93
By garnishee on tcinfaciat . . . . '* 94
By defendant without bail, on return of attaol:ment . . *' 95
By parties to manage their own causes . • . . . ** 101
Attorney's authority to appear when not to be questioned , <* 104
Complainant's bill taken as confessed for want of . , *< 113
Plea filed in the name of all the defendants a sufficient ** 119
As to power of circuit court to. strike out . . . ^ 260
By attorney of court without warrant . . . '* 262
As to compelling, under the foreign law . . . ** 326
By principal and accessory in a felony ..." 416
APPELLATE COURT.
Appbli-atb Court— When decree is reversible by . YoL ii. 20
Hnal sentence of . . . • " 43
Power of, to remove admiralty cause from the circuit court . ** 43
Writ of mandamus from <* 59
Master's duty to carry cause to . . '< 612
Decree of chancelV: ««versed in . '195
APPELLATE JURISDICTION. ArpxLx.ATB JuRxsDioTxoif — Of Supreme court, upon what it depends . YoL ij. 31 Of supreme court in crimiiia. oasefl ** 39
APPUCATIOiX APPOIWTMEKT, ^ 43
AvFXLLATx JuBiSDioTioN — Writ of 61X01 dismissed for want of . VoL ii. 39
Of si^reme court of the U.S. overstate courts . . '* 32
Of supreme court, mode of exercise • . VoL iL 39, 44
What cannot deprive supreme court of . . . Tol. iL 41
How circuit court may derive • • . *^ 49
When circuit court may exercise . . • '* 54
APPLICATION.
ArPLiOATioM — Of payments, by courts . • VoL i 16— ii. 188-^11. 342
Ofthe law of bills of exchange . . . . VoL L 129
Of the 2erZod and 2ex>m . . . . <* 239
Of property of infimts, by courts of chanceiy . VoL L 425— iii. 389
Ofthe loss where there are two or more policies . . Vol. L 469
For insurance .....** 473
For a mandamns . . • , * n, 139
To have marriage articles specifically executed . . ** 158
To court for order of sale of mortgaged premises . Vol. ii. 204, 206
For redemption of mortgaged property . . . VoL ii. 239
To be admitted as a citizen . . . ^ Vol. ii. 260, 261
For a new trial . . . VoL ii. 964, 265, 275
For a new trial in 9111 /am actions .... VoL ii. 276 Of lands purchased by partners . . . . ** 323
By a partner to have his name inserted according to agreement Vol ii. 329, 336 For a writ ne exeat regno . . . . Vol. ii. 342
Of join^ property .... VoL ii. 356— iii. 53
For a patent . \ . . . . VoL ii. 443, 457
For leave to file information .... VoL ii. 515
« 561 « 607 «* 639 « iii. 9 « 81 « 82 « 85 « 119
"For Bcire facioi
Of money raised on bottomry ^ .
To consuls or commercial agents for discharge, by mariner
Ofabatementtoaplea .
For an attachment ^ .
By trustees for discharge • • ' •
To enter special bail . . • •*
To be discharged from arrest
In chancery for removal of guardian .
By insolvent debtor for discharge . . . ** 403
For specific performance of contract . . • • ** 423
APPOINTMENT.
Appoiktmbmt— Powers of . . . VoL ii. 498, 505
Of agents . . . • • VoLL 17
Ofofiicersby state . . • • • ** 196
Of executors by testator . VoL i. 3S4— iii. 498
Of administrator during absence of executor . ... VoL i. 390
Of guardian by surrogate , . • * ^ ASA
Of trustees by court . • • • ** ii. 97
Estates limited in de&ult of . • • • VoL ii. 493, 506 BydeedorwiU ..... VoL ii. 496, 497, 717
44
APPRAISBUENT— APPRENTICE — APPROPUATIOK — APPBOYEMSMT.
ArpoinTMBHT — 'Bj act of incoipontion Rule in equity as to Set aside as iUusoiy To children
To persons not objects of the power When, will be supported in equity To relations . Request in de&ult of Of master of vessel, revoked Of guaxxlian by court of chancery Of ambassadors and public ministers Of attorney general of the U. States Of district attorney of the U. States
APPRAISEMENT. Afpeai sxMsir T — Of lands nnder execution Of pledged goods Of improvements upon lands
APPRENTICE. Apfbentice — How &r bound by indenture Refusal of necessary food to To a chemist giving laudanum by mistake May not enter into mariner's contract
APPROPRIATION. Appkopkiation — ^By the creditor By the court Of freight
Of proceeds at sheriff's sale Of investment by partners
Of partnb6(hip funds by one partner for private purposes Money paid without describing Of partnership property by one
other ' . Rale of law for, of payments By canal commissioners
VoL
VoL 11.496 VoL iL 4d9, 500 VoL ii. 607, 508 VoL ii 508 " SOS « 509 <* 500 « 510 « 626 <'iiL388 " 30 « 98
15, 47S-iii. 368
VoL iL 253
** iii. 401
VoLiiL204 . « L430 « 438 " U.638
VoL L 16— JiL 451
VoLL 16
" 153
. " U.211
Vol. u. 376, 401 VoL ii. 396 partner without consent of the
VoL iL 401^-411. 440
. VoL ii. 467, 469
. VoL 11534
With felonious intent, of property found . . ** iii. 208
Of property acknowledgment by servant . . ** 350
APPROVEMENT. AfpBovBMBiiT— What is meant by VoLL 437
' ARBITRATION. AxBiTBATioH— Submission to, hjfemme tok who mairies before award is
delivered . ... . . . VoL 1. 61
Performance of each party on referring to VoL L 284—^. 264
When a principle of law is submitted to . VoL 11. 21
Agreement to refer to, how held . • • <* 124
When submission to, may be levoked « • ** i. 61
Submission to, by partners • • • "11. 330
^.i>iTRATION AND AWARD — ARBITRATORS — ARRAY— ARREST.
45
A.&BZT&ATION — Covenants to refer to, no defence by way of plea .Covenante to refsr to, how considered in equity As to irregolarity in proceeding upon .
ARBITRATION AND AWARD. ABBJTaATioN AND AwARo — Definition of
How an award is made, and how vacated .
What necessary to make an award sustainable .
How an award may be impeached
Mistake made by arbitrators, though not on the fiice of award
ARBITRATORS.
AxBiTiiATORs — Death of .
Not making an award within limited time
As to revocation of powers of
Going beyond their authority
Have power to call an umpire
Effect given to an award by
Mandamus to compel, to call an umpire
Agreement to refer to . . •
Reference to, by partners
Covenant to submit to, jby one partner in name of ibm
Judgment upon awaxd by . . .
Mistake made by ...
ARRAY.
Abeay — What is meant by challenge to
What sufficient to support a challenge to
Effect of challenge ....
ARREST.
Abbsst — What will constitute . Authority of attorney to Note given to sherifTin lieu of jail bond '^ When, amounts to duress
Where officer is killed in attempting to
Special authority to .
Of innocent persons
When warrant to is void . ' .
Construction upon the word **ane8t,'* in a policy of insoiance
Of ship, notice to insurers
Debtor discharged from ...
In one district for trial in another • .
Insolvent debtors may be protected from
What return necessary for creditor to
Causes Which arrest or suspend the sentence . •
Action for malicious prosecution sustained without
On a ne exeat .....
On a b^ich warrant .....
Sheriff's authority for breaking cpen^ doors to make VoL ii.
Of ship by part owners ....
VoL il. 344 « 337 •♦ 562
Vol.i. 60 « «0 " 61 « 62
H 264
VoLi 61
. ** 61
61
. « 61
« 379-
ToL ii 21— liL 264
VoL ii. 138
VoL ii. 337— iiL 212
VoL ii. 372
« 372
« 562
«* iii. 264
VoLii. 63
VoL ii. 63-iii. 138
VoL iiL 138
VoL i 440— iii. 31, 41 VoLL 29 « 110 •* 255 " 432 " 440 " 441 « 445 « 529 •• 531 « u. 28 •45, 49 « 68
« 121 " 124 «* 136 « 264 « 522 581— iii. 3x VoLii. 590
46
ARREST OP JUDGMENT'— ARSON — 198AULT
AsRzsT — Of sliip on bottomry bopd Warrant to arrest ship . Of seaman for not rendering liimself on boaid . Of ship, by order of a prince or power Surety releasing errors to avert Duty of private persons to arrest offendetB Rigbt to demand authority to Exemption from Privileged from "Who may be arrested . Second, for same cause of action * • Authority to make, &c.
Officer, bound to serve process • •
In criminal cases . . •
In what cases may, be made When made .... Punishment for refusal to . ' . Punishment for aiding escape aftei Effect of misnomer Who may authorise And an attachment on the same writ When counsellor and attorney privileged fifom Under the act to abolish imprisonment for debt Persons privileged from, will not be taken as bail Bail to discharge from
As to dischaige under the insolvent law preventing On an alias execution On bail writ, by sheriff .
With malicious intent in the nature of a conspiracy After enticing a citizen from «ne state into another Of a dead Nvly on civil process Of insolvent debtor
VoL ii. 605 "610,641 « 631 « 673 " 707 " ill. 32 . « . 33 « 33—39 VoL iii. 33, 39, 119 VoL iii. 33, 39 « 33
«* 33
« 34
« 39
« 39
« 40
. « 40
' « 41
« 41
« 42
. « 74 "103,105
** 122 «iu.272
« 272
« 277
. « 280
•* 296
« 313
« 314
. " 339
« 403
ARREST OF JUDGMENT
AiULBST 07 JuDGMsivT — Invariable rule as to . . Vol ii. 25
Effect of . . . . , . "25
For a fault in the issue ... . ** 26
For a bad count in declaration . • VoL iL 26, 105-->iii. 246
When defendant may not move in . . . VoL ii. 426
When court will cause . . . . ** iii. 16
In violation of legal promise not to . . . « " 20
ARSON. ABsoM^Indictment for
Agreement by several to commit
ASSAULT A8SAULi>— What constitutes
Words of provocation will not justify With intent to kill
VoL iii. 119 « 318
, . VoLiii. 12(i
« 26^
Vol. L 434-hL 21-*4iL 190
^ASSEMBLY, ACTS 0F-^A88£KT.
47
A88AULT— Threats of violence by husband without VoL i. 326
What plaintiff may prove in action of trespass for • ** ' 362 "What evidence defendant may give, in action for assault and battery ** 374
Officer killing the person who assaults him . . . . '* 426
Without manifestation of felonious intent ... '. ** 428
Stranger killing the person who assaults him . . . ** 428,429 Retreat of person assaulted ....'* 435
Defence against . . . ** 436
What necessary t& state in indictment for . . . ** 442, 457
New trial for want of sufficient damages for . . . *' 11. 274
* And battery on female followed with carnal- knowledge • " 519
With intent to comtfiit tape . . . • . *< 520
Mariner's remedy against master for • . ^648,649
Abatement in action for . .' . . • ** Hi. 13
With violence upon a house . . ** 305
ASSSMBLT, ACTS OF.
Amsublt, Acts of->How authenticated .... VoL iii. 27
Requiring mortgages to be recorded . . Vol. ii. 190
Abolishing imprisonment for debt .... "263,474 Relative to attachments against absconding or absent debtors . Vol. iii. 83, 87
Authorizing seizure of boats and vessels by attachment . . ** 97, 98
Must conform to the constitution to be valid . . ** 314, 316
When contract to procure, is void . . . ** 326
ASSENT. ^
Assent — Of executors, rule as to
Of principal presumed ....
Agent acting without, of principal
Oragreement topayabiU ...
Agreement by holder with drawer for delay, without endorser's
Of partner, as to the alteration of note
Of husband to wife's contract when inferred VoL
Of Wife during coverture
Necessary, to make an agreement
Of grantee presumed ....
When grantee's will ratify delivery
Of the legislature on application for divorce
Given while intoxicated ....
To the register of ship .... -
Of executor, to acts of co-executor
To bequest by executor
To extinguish pledge or mortgage
When party is supposed not to have given .
Partner bound to procure that of his co-partners Vol. ii. 3 J5, 356,
Of partners direct 6T presumed
As to binding firm by one partner without assent of all
To private arrangements 'of the firm
Of members of a firm to note
. VoLii. 95 « 17 . « L 18 « 72 " 103 ** 121 202— iiL 192, 194 VoL i. 206 « 218 « 297 " 301 « 327 « 333 « 373 « 388 « ii. 84 « 235 •* 248 ',36S-iii.227 VoL ii. 350 « 362 "373,377 « 375, 381
48
ASSESSMENT— A88ET8.
AssxNT«-When security witi jut, is void Implied, by members of a finn
Of in-coming partner inferred . . . .
Transfer of balance of new firm without craditon Of lessor, to assignment of lease
KH part owner of ship ....
Of parent, guardian or master, to entitle infants to their wigos Of surety to variation of contract Of debtor not required in an assignment of a debt . Of creditors in assignment of trusts . Of court to the entry of fwUeprotequi Of obligor in the alteration of a bond .
ASSESSMENT. AssESSMENT-^Of damages by cleik of court
As to whether replevin will lie for . . ,
Of damages against sheriff in cases of escape ••
Of unliquidated damages by trustees of absconding debtors .
Of damages to owners of property taken for public use .
Relation of trial by jury as to .
Of damage for flowing lands by the erection of dam, &c.
ASSETS. Assets — What understood by marshalling Marshalling, in case of bottomry
In the hands of an executor . ' . Vol i. 3S5, 386,
Administration of, by executor Held by administrator or guardian Waste of, by administrator . As to an executor dt ton tort pleading no Led in a foreign country By testator . Administration oC, by foreign executor Injunction to prevent waste of Deficiency ol^ as to specific legacies , .
May be followed into the hands of legatee, by creditor Rule as to marshalling .... Of mortgagor deficient Equitable, in testator's estate . ' . Satisfiiction of a bond out of husband's Of deceased partner . . % Vol.
Vested in the partnership fimd Surviving partner's right to deceased partner's Acquired by illicit txaffic Plea of admmistravit as to How heltt in court of chancery Administration of, in equity Executor's liability for distribution of Of absconding debtor how to be sold idmission of executor as to
Vol. U. 376
381
" 383
« 538
« 502
« 638
•* 702 « ill. «
« 56
« 141
« 260
Vol u. 26,27 « 544 « 580 " iu. 84 "319,320 "321,822 439
Vol. il 166
VoL i. 155— iL 609
387— iL 560— iii 343
. Vol. i. 387— ii. 90, 438
Vol. i. 388-ii. 160
. VoL i. 389
« 390
392
"393,394
" 464
"11.91,98
", 92
Vol. il 167, 168, 238
. VoL ii. 197
" 214
« 246
iL 324) 349, 394, 401, 403
" 394
" 401
" 416
" 479
" 500
« 706
« 713
«iu. 82
« 164
A9SIGMES.
49
AtsxTS^-Distrlbation of^ by executor or administrator Executor attempting to bind Misapplication of
ASSIGNEE.
JUs/QNSB — Remedies and liabilities of Right to sue . Liability of factor's As to consideration shown by Of choses in action . Vol. L 63, 88, 106, 213,
Of a mortgage what subject to Liability for covenants broken To whom must give notice to insure protection May maintain indAiUOm aatun^nt in obligor's name Of judgment by cognovit
Right of action in his own name Vol.
Of insolvent payee Transferof bill or note to Right of action against payee as endorsee Of a note not negotiable Leaving property in hands of assignor Consent of, to withdraw suit fodgment in hands othonitjidt Recourse by, against assignor or endorser . Of a bond what subject to Of bankrupt, action by . Release of bankrupt to Of bill of exchange by foreign executor Injunction to prevent making of dividend by Right of action on policy Policy of bankrupt upon his own life passes to . Of liie policy may sue in name of assignor . Of a judgment .... Residuary legatee not considered as Administiator (2e bom$ non not considered as Of lessee .... "When action will lie against, upon a lease I/essee liable for the acts of Of lessor how covenants of wairanty bind • Of a lease, how Sea liable Of legatee, when legacy vested in Priority of V. States upon lien on an estate in trust
Placing assigned property in the hands of auctioneer Of mortgagee, not allowed for improvements Of mortgagee, notice to Recording mortgage in name of When, may maintain petition for foreclosure
VoL iii. 155 « 344 " •845
. Vol. iii. 55
« ii. 49
«L33,84
Vol. i. 63-iii. 120
236— ii 45— iii. 62, 63, 120
VoL i. 63— iii. 60
Vol. i. 63
. « 63
64
" 64
77, 236. 393— iii 61, 70, 71
. VoLi. 80
" 81
« 88
"106,107
. ^ Vol. i. 85— iii. 121
VoL L 106
. VoL i. 109
" 132
Vol. i. 191-:ii. 188— iii. 61
VoL L 349— ii. 582
VoL i 3B5
" 393
« 464
« 472
" 590
« 590
. « ii. 28
« 49
« 49
" 70
. . " 70
« 70
71
" 72
« 87
- « 109
. « 113
« 113
. ** 187
« 191
« 193
Vol. ii. 199, 200, 20*
50
ASSIGNEE ^continued).
Assigns fi — Of an usurious mortgage . . yoLii.211
May redeem right in equity . . . / *' 212
Entitled to hold pawn ... . " 228
Of a bond may have a fie caoeot . . " 263
Of deceased partner .... Vol. il. 323, 421
When, to be brought before court of equity, and how YoL ii. 341
When bankrupt may file bill against . . ** 341
Of bankrupt partner, solvent partner's bill in equity against " 341
Becoming tenant in common with solvent partner's . Vol. ii. 345, 393
Actions of trover by ..... YoL ii. 372
When, may maintain suit in equity . . . , " 382
Of bankri^t partner's . Yol. ii 387, 423, 405, 436^ 437, 439, 571
Of partners, when may insiet upon the sale of partnership effects Yol. ii. 408 When, has no right to sell joint effects . . Yol. ii. 436— iii. 229-
Payments made to .
Flea of nU debet against
In law •
In fact
Official .
General
Of rents, rule as to
Averment in declaration by
Of a conttact
Available equity against
Claim to set-off
Notice of assent to
Where assignment is fiaudqlent as to one of two
Evidence of fraud by delay of
Debtor cannot avoid claim of
Interest of, how protected at law .
When, held as trustees for creditors .
Express promise by debtor to pay
Equitable interest vested in
When not bound to sue obligor
Of patentee
Payments made by, how applied .
hddnta^ asnunptU lies by .
Privity of contract between obligor and
Cannot restore legal interest in a bond by erasure of assignment
J^curator in ran tuam .
Action by, against garnishee
Of insolvent debtor's
Assignment to insolvent
Of a policy of life insurance
Of an indenture of apprenticeship
Of a promissory note
Usury set up by .
YoL IL 469-iii. 54^ 63, 73
Yol. ii. 478
«* 494
« 494
. « 562 «* iii. 64 « u. 537 « 544
. « 666 *« 569
. « 673 « iii. 46 « 47
« 48
. « <J5 « 56
Yol. iii. 59, 82 « 61, 63
. YoL iii. 62
65 66 67 67 67
« 92
^ 82
« 122 YoL iii. 200,201, 202 YoLiiL264 « 334 ** 482
A88IGNUBNT.
51
ASSIGNMENT.
AssE^HVSNT — HiBtory and origin oi Definition of . How made
Office of trust not asrignable Of a judgment for debt
Of choses in action * . YoL L
Assignee to give notice to debtor of Words to
By insolvent debtors Debtor's right to prefer creditors . As to sureties of assignee With intent to defraud creditors . Of funds in hands of drawee Of promissory note not payable to order Of part of a demand due on note To an endorser before note is due Of note payable to two executors Belease by debtor after notice of . By payee of note negotiated in bank Oi note during pendency of suit . By bill of exchange Notice of consideration in, of a bond Notice of^ of choses in action Of personal property by insplvent debtor Becoid of; in the court of probate Of dower, decisions as to When left to juiy to presume metne Of negotiable note, by foreign executor in foreign oountiy Application of the statute of frauds as to trusts assigned May be included under gifts For valuable consideration usually in writing When does not pass .... When immediate change of possession necessary To creditors, of aU a party's effects Of policy of insurance, rule as to Jurisdiction of circuit courts over
Oflease by tenant ....
liability of lessee after .... Of leasehold interest by way of a mortgage Rule as to priority of TJ. States . Assignor's lien for consideration of •
Of a note gives lien on an estate conveyed in tnut to secure payment On a deed of conveyance as security • •
Equitable, jm><aifto . • . • .
T^untary . • • - • •
Of bond to surety .«•••• Transferring an eetate • • • « •
Of mortgages, rule as to . • • • . -w
. VoLiii. 72
" i. 63
Yol.iii.57,58,59,60
Vol. i. 69
. " 63
63, 86, 106— iii. 61, 62, 63, 85, 120
. Vol. i. 63
64
Vd!.i.64,241
. VoL i. 64— iii. 42
. VoL i. 64
Vol. i. 65— iii. 122
VoL i. 79, 103
VoL i. 85
. « 86
« 96
101
• 106
. « 110
" 120
« 125
" 191
. " 213
** 241
« 331
332
« 361
" 393
« 409
" 414
. « 414
VoL L 414, 415
« 415
415
472
VoL ii. 45, 49, 54
. VoL ii. 69
« 70
. " 71
Vol. IL 108, 109
. VoL ii. 113
113
' 113
113
113
168
171
188
52
ASSIONMENT (C0NTINV£0r.J
AasiGHMSNT— -What necess&xf to a valid
Rale as to rights of assignee of mortgage
Ab to Acoiding of mortgage
Proof of .....
Of mortgage debt
Mortgagee parting with his interest by an absolute
Of a debt by deed, written or by parol
Of a pledge ....
By one partner in name of firm
1^ partners after dissolution
By one of two partners, is a dissolution and why
Cnder a joint commission
Vol. ii. 18^
Vol. i. 63-ii. 189
Vol. ii. IW
« 193
•* 199
" 200
** 214
" 233
Vol. iL 355, 356— iii. 52, 64
. VoL ii. 356, 405, 409
Vol. ii 392
r •* 438
Of partnership property in contemplation of insolvency
Of dividends by tenant for life
Of totmn ftatum wmn
Of patent rights
Decree in chancery as to
Is valid for actual liabilities .
Of goods at sea
Of prize property .
Vested rights ad rem and re may pass by
Mere personal torts cannot pass by
General principles as to
T^^rity of the U. States
^en attorney at law may assent to
Of a debt to wife by husband
Decisions in different states on .
Foreign law on .
By bankrupt under foreign law
By absconding debtor
When, will defeat foreign attachment
Debt due an absconding debtor by . ' •
When, does not work a legal transfer
Deed of, acknowledging consideration
Deed of, absolute on its face
Delivery of deed of, to be recorded
To assignee known to be insolvent
By insolvent debtor who has been airested
Parol evidence of a contract of sale in a deed of
Byanlniknt
Of a policy of life insurance
Of a note for which a mortgage was given
Of partnerihip eilbctt
Voluntary, for benefit of hein
Alteration in date of
Deed of, by way of mortgage of ship •
Of rents, rule as to
Surety entitled sabstitntivi to creditor by way of
Oferrorf «...
Voluntary, by debtors for benefit of eiediton
" 443
« 499
*• 512
V<d.il.447— iu.63,65
VoLiii. 64
" 64
Vol.iii.64, f
« VoLiii. 64
** 64
« 64
** 64
VoLiii. 64,66
« 65, 105
. VoLiii.— 66
. Vol. iii. 66-^68
. « 69—71
Vol.iiL 73-
. •* 81
« 85
« 94
. VoL iii 97, 98
. VoL iii 120'
•^ 121
. «♦ 121
•* 122
. " 122
•• 147
VoL liL 196, 402
. *< 200—203
• VoLiiL 57
« 227
VoL iii. 254, 255*
VoLiii.258
" 264
. VoLiL537,S88
VoL iL 706, 707
VoLui 13
• « 43
▲flBaCIATl09« 53
AssTciNHXNT— Px«9[imeA assent to, by absent debtor Vol. iii. 46
Presumed assent to, by preferred creditors . . " 46
"When fraud in, maj be presumed ** 47
Where, fraudulent in part . . . . ** 47
To two persons by one instrument . . "47
To trustees lor benefit of certain creditors on coadition of acceptance ** 47 Made to two and one refuses the trust . VoL ui. 47, 48, 65
Good iaith essential to ..... Tol. iii. 48, 63
Not necessarily fraudulent ..... VoL iii. 4d
Release from creditoi's ....•*' 49
Stipulating for a relea^ not fraudulent . . '* 49
Sureties may be preferred in . . . . "SO
Right of debtor to make . . . " dO
No 6oiia,/Sde transfer can be oTer-reaclied . ** dO
Right to prefer, by insolvents . . ** 91
Requisites to a valid deed of . ** 51
By debtor of all his effects on conditions . . '* 51
Right of debtor to prefer creditor's . . ** 53
As an equitable transfer of a debt . . . " 54
Debtor cannot avoid assignee's claim "55
Special notice of . . . . . " 56
Effect of . . . . . VoL iii. 57, 58, 59, 60
Of mortgages .... VoL iii. ^,218
Ofajudgment . • . . . '* 60
Ofbonds . . . . . . « 61
Ofchattels without delivering .... ^* 63
Eifect of an express promise by debtor . . ** 61
No particular form necessary . • ** 61, 63
Notice to judgment creditor . . • . ** 63
Of a note in bank before it is due . . . ** 265
Offundsby a prisoner charged with a felony . . . *' 266
Of a bail bond ..... "273,274
By a bank after it has stopped payment . " 296
ASSOCIATION.
Association — Articles of .... VoL ii. 351— iii. 141
Note discounted for an unlawful • . • VoL L 70
For partnership puiposes . . VoL ii. 298, 299, 350
Ol^ect of, must be lawful ..... VoL li. 301 How acting partner is considered ..." 315
Of partnership may be formed for the future before any goods are
acquired . . • • ** 356
One partner renouncing the ...•'* 390 Dissolving, by one partner . . . • . ** 392
Effect of the bankruptcy of one partner . . • ** 393
Effect bf the death of a party to an . . ** 394
llnder the general banking law . > * • " iii. 14
&4 ASflUMPSI'P'-ASBURAXCS — ATTACHMENT.
ASSUMPSIT.
Assumpsit— Definition of . . . . VoLL 65
Upon what feunded . , . . " iiL 339
IiMntatm . . « i 65
Special . . . ... * 65
On what lies . . . . . . *< 65
Requisites to sostain . . . ¥01165,317,219^^.333
Pleain ...... VoLi. 99
Counts in ..... YoL iii. 340, 341
What ought then to be in action of • . . YoLi. 65
Distinction between MMieNtaeiM and ^>eeia} . . *' 65
On joint note . . . • . . ** 10
For money had and leceiyed . . . Yol. i. 32, 54^ 248
For recompense in case of finding . . YoLi. 48
Mcbtto^, on bond . . . . *< 64
Advantages and disadvantages ofactioQsofdebt over nction of " 102
When caxrief may be ehaiged on special ... * 175
On contract for nJe<^ lands . • . * 236
Plea of usury in • • . . . ** 249
Against corporations ^ . • . . , ** 279
Upon p<^cy of insurance . . Yoi L 588 — iii. 454
Declaration in, on policy . . • • . Yol. i. 568
For negligence of attorney . • . . *' iL122
On debt barred by statute . . . . . " 125
Plea of statute of lioutaticMas in . . « "128
For balance of account .... Yol. ii. 302, 333, 334
For breach of partnership agreement • • YoL ii. 330, 335
By one partner against another . . YoL ii. 331, 332, 334, 391
For contribution, by partners ...» YoL ii. 334, 335 By partner whois member of two firms ftod bnngs action against one ** 422 On counterfeit or fcwged bank note . . . ** 466
JMefrieotiw, for goods sold and delivered . . « " 480
Negligence and want of skill pleaded . . . ** 481
When general issue may be pleaded in . • *483,484
By attorney for his fees ....** 48i
For use and occupation of land • . . YoL 11. 538-4ii. 122
On promissory note .... YoL iii. 265, 299, 376
On bill of exchange ..... YoL iii. 302
On a promise to pay in consideration of forbeirance . '- 371
ASSURANCE.
AssvEAiccs — Double • . . . YoLi 586
What understood by double . " 586
What is re-assurance . " 586
Covenants, for further . • "284
Assignment of policy of life . YoL iii. 201, 202, 208
ATTACHMENT.
Vttachxeht— What constitutes a valid • • YoL iii. 74^ 7S, 266
Neglect of sheniT to return ..*... YoLi. 192
ATTACHMENT (qONTINUED)*
55
Attachmbnt— To compel perfonnanee of decree » equity For contempt, in chanceiy . To compel perfonnanee of contract Against sheriff for contempt Of property to compel appeaiance Suit commenced by Action brougbt by foreigi ^pearance to foreign Foreign, issued against ahen Of lands on meiNC process
Of partnership goods for debt of one partner . VoL xL
Foreign, for interest of one partner Foreign when will lie . I^n information in the nature of a jiio Sheriff's recognizance to appear on • •
Against sherifffor granting replevin . . •
Wnt of, when abates .... Foreign, in mayor's court .... Justification of officer under writ of Am&./S(2c assignment good against , . .
Prior assignment in bankruptcy under foreign law no bar to Arrest and, on same writ .... When complete ....
When property may be attached
Goods which cannot be returned in the tame plight exempt firom Private papers and account books not liable to As to attaching money in the hands of sheriff . Property in the hands of a collector exempt As to goods in ftnonnfu Effect of, as to pledged property . What tools exempt from . ^ .
What fainiture exempt
Sailor's wages not yet due cannot be attached . Of stock in trade, in hands of the ostensible partner When, does not tie Property fraudulently tiansferred Instantaneous seizure of real estate )iot sul^ct to How long, will remain in force . How defeated . .
How dissolved
How vacated ...
Effect on, hy decree of foreclosure Against matter for loss by neglect Will not lie for slander
For two causes .... What, should state What return of, should state What dissolves foreign . •
Efect of, as to debtofe p >wer of alieaatioii «
YoLLim
. « IW " 940 « 383 « iL 12 « U « 48 « SO « 30
. « , 218 433,435— iii. 83
. VoLiL434 ** 484
'. « 516
. *« 943 "ilL 14
. « 38 « 39 « 4d « 73 « 74 « 74
« 74
« 75
« 75
« 75, 123 « iii. 75 « 75 « 75
« 75
« 75
. « 15 « 75
. ** 75^82 ♦« 75
. « 76
«« 76
« 76,77
VoL iii. 76, 77, 98
. VoLiii. 7C
« 77
. « 77
« 77,88
. « 78
« 78
"« 7»
« 78
« 79
56
ATTACHMBNT (coNTIHUED).
Atta cu vbm T-^Ii&bility of officer for property under Upon me«m process As to expenses on property nttached Officer's right to attached property Astolienof &ctor . . . .
Mortgagee's lien upon land acquired hy How iar a lien upon note or money in hands of garnishee ^ Property attached cannot be mortgaged Binds goods in hands of garnishee Coiporations cannot be attached as garnishees Of note not due
As to debts in tbe hands of an administrator When writ o( is admiss|Ue as evidence Bond when defective Of personal property, what constitutes Creditor suing out on fidse affidavit Foreign, will not supersede prior assignment Of goods on metm process «
Against attorney for contempt * What competent evidence to prove Non-resident commencing suit by • Bond signed by agent Vender of property threatened with Change of possession prior to Against foreign corporations Procured by an attorney
Against sheriff for not having bail justify in time Action for maliciously suing out domestic Summoning one as trustee in a process of foreign
COHUXCTXOUT.
What property liable to What property exempt from Against absent and absconding debtor Foreign, when will lie . . When garnishee excused When garnishee must appear Public officers or agents not liable to What property subject to foreign
XXMTVOXT.
When quashed
When illegal ....
When can be sued out
When property subject to
When court of equity will relieve
Must state the nature of the demand specially
KAHTLAHD.
Defendant appearing without bail ' . Equity of redemption may be taken by
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. VoLj |
n. n |
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79 |
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79 |
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193 |
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130 |
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237 |
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266 |
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267 |
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274 |
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351 |
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487 |
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VoLi |
liL 96 |
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93,94 |
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93 |
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94 |
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94 |
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. YoLilL 99 |
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99 |
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. ToLiiL 05 |
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ATTACHMENT (CONTINUED;.
67
ATTAOHXiki^— Debt recoTered by, in foreign court Proteetion of debtor i
NSW JBR8XT.
"What will dissolve By whom may issue What proper^ liable to How attached is disposed of
MEW TORS.
Against absent and absconding debtors
How title to property acquired ....
Public notice when made
When trustees to be appointed
Perishable goods .....
Who may proceed by .
On what the light to sue out depends
When court may examine whether it was improvidently issued
When court may award wpenedeoB
Liability of trustees to account
Against what property, may issue
Who may attach, and when
Against whom will lie ....
Powers and duties of trustees
What creditors may come in, and when . ' .
NOETH CAEOLINA.
Against absent and absconding debtors Actual possession by sheriff necessary Garnishee's defence .... Moneys, when and when not subject to Garnishee may be compelled to answer To compel aiq^earance Liability of notes to . Property in the hands of administrator Against one partner for separate debt Of property in hands of absconding debtor as trustee Of negotiable securities By non-resident creditor loibrmal return of; how cured Plaintiff fidling to give bond Defect in affidavit how waived Examination of garnishee . Confession of garnishee When claimants may interpose . When party may interplead to Waiver of lien
Judgment on, how cannot be avoidM Di^rence between absconding and non-resident debtor 8
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. VoLiii. 96 |
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iii 81 |
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83,83 |
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Vol. |
iii 89 |
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89,90 |
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58
ATTAaiMENT (CONTINUED).
PBHK STL V ARIA.
Attaohment— Against absent and absconding debtors Domestic . , .
Who liable to domestic . . .
Liability of sheriff "When domestic, will be dissolved Who liable to foreign Of legacy to /mme covert Garnishee's rights and liabilities When too late to quash Liability of bail given to dissolve What does not dissolve ,
Process of foreign, for whose benefit
SOUTH CAaOUNA
Against absent and absconding debtors
Pomestic
Books of account not liable to
When, may issue and when not
How considered
Foreign
As to setting aside lien of
Writ of, has preference
Judgment by de&ult against garnishee
Hay issue out of admiralty court
Process of, gives lien .
Process of, does not lie for slander
When proceedings may be transferred to circuit court of U. S.
What will quash writ of . . .
Appearance of defendant by attorney
Bond given for ....
When too late to set aside proceedings . *
Will not lie against absent executor or administrator
Of partnership property for the individual debt of co-partners
Party aggrieved, how may proceed
TSKNESSZE.
Same process in equity as in law
What property subject to
What exempt fh>m ....
What court may set aside
What necessary to authorize
Gamishee'f answer as to liabilities
VIEGIltlA.
Domestic, against whom lies
Foreign, against whom lies . , .
Who may be prosecuted as garnishee
Defendant may enter bail
When surety may be proceeded against^
When foreign, will Utt • •
VoLiiL 84 a g4 \
« 85
u 84
« 84
« 85,86
" ^
« 8$
« 8C 86
« 86
« 87
VoLiii. 87
« 87
« 87
** 87.
« 88
•* 86
« 89
« 89
« 89
" 89
" 89
" 89 89
94
« 94
** 94,95
" 95
« 95
« 95
VoLiiL 93
«• 93
« 93
« 93
« 98
ATTAINDER — ATTESTATION — ATTOENET 6d
ATTAINDER.
Attaihdse— Definition of ..... VoLi. 66
When a man may li said to be attainted '. . ** 66
Attaint of felse verdict . . . ** 347
Interest acquired by ... . " 236
Proceeding by attaint . . - • . " 277
ATTESTATION. ArnsTATioN— Of notary to protest Vol. i.123
Of the clerk of courts . . . . . ** 13
To wills and testaments • . YoL ii. 718— ill. 497, 507
To a promissory note .... Vol. iii. 300
To deeds . . ' . . . . « u. 511
ATTORNEY. Attoxhky— Power of ..... VoLiii. 116
Appeajance by . . . . . *' 89, 119
Letter of. . . . . . Vol. i. 20— ii. 512
Warrant of .... Vol. ii. 371, 372, 421—iii. 241
Requisites for admission, to practice in supreme court of U. S. Vol. iii. 100, 101 Power to subscribe policy of insurance . . YoL i. 17
Authority to convey lands and how . . . " 27
Corporations may appoint, without seal . . . '* 19*
Making contracts in his own name . . "34
To adopt unlawful measures . . . '^ 35
Acting without authority . . . "44
Lien upon client's papers for balance of account • . " 50, 51
Power of, when, and when not revocable . . ** 53
Authority to, how construed . . • • " 59
jyfay be called to testily . . ' . . . « 58
Agreement by . . . . . . " 90,134
Contract with client for part of recovered property how held . " 256
As to corporations acting by . . . • " 276
Ejectment cannot be brought by ....*' 337
Is a competent witness for client . • . . " 348
Rule as to confidential communications • YoL i. 353— iii 109, 110, 111
Of record, how may discharge debtor . . . . YoL i. 383
Infant's action brought by . . ' . . • ^ 463
Mmdamui to restore . • . ^^ il. 44
Ride as to lien of . . . . . ** 111, 113
Liability for neglect or nnskilfiil conduct . • . ^ 123
Appearance of idiot by ....•** 133
Constructive notice to . . • , ^ 193
As mortgagor • • . ** 345
New trial to correct errors of . , ^ .• . *• 365
Absence of; no ground for n^w trial • • ** 368
Power to put in answer . . . . « 344
Partnerships by . • . . . "364
Special partner not to be employed as • « , * 443
60
ATTORNEY (CONTIKUID.)
Attobney— Conttact in the hands of Action of auumptit by, for fees . Rule for construing power of Rule as to relocation of power of Where letter of; fonns part of a contract When revocation of power otf takes effect . ' Motion for icire facias by Goods and effects of absconding debtor in hands of . Receiving bond to discharge claim Can do no act to his client's prejudice When law interposes between client, he. General policy of courts to protect client . Concealment of facts from client by Of supreme court who is party to suit Privileged from arrest on mane process When sued jointly with others not entitled to privilege Must not plead ignorance of that which he ought to know How, may lose his privilege Sheriff cannot notice privilege Motion to S9t aside proceedings against Presumed authority of .
When authority to appear cannot be questioned How &r acts of^ bind client . May confess judgment without authority . Appearance by, without authority How partnership may be formed between counseUon and Liability for money collected Authority to act for distant client As to, releasing witness without special authority When, to sue out writ of error When power of ceases
As to, authority to release sureties of cUent's debtor . Payment to, how held Note put in the hands of, for collection W^n may legally charge counsel fee Has no authority to assign judgment Ratification of proceedings by Puties and liabilities of Vol. iii. 107, 108,
Effect of disobedience *.
May be required to disclose name of client May be called to prove existence of papen Nort bound to produce papers lien on judgment for costs . Lien on client's papers for costs . Cannot be bail .... Liability for disobedience • . •
Purchasing j ndgment recovered for bis elMiit • Gifts to . . ...
Challenge by • « . «
. VoLiL470 " 484 "512,613 « 513, 514 « 514 " 514 « 668 « ilL 04 " 101 « 101 "101,102 « 102 " 102 " 103 « 108 « 103 " 103 " 103 " 103 " 103
. « IM
104
"104-106
« 104
. « 104 " 104 "105,10S « 101
. « IOC « 10* "105,106 " 106
. " 106 "106,124 « 107 " 107 " 107 10^,124,266,207,268
. YoLiii.lOS " 111 " 111 " 111 "111,112 "112,268 "112,272 " 124 "124|125 « 125
• • 136
iTToiNXT— Appearance by, without wanant . CoIIuBion Between plaintiff's and defendant's Defect or omisuon occasioned by misprision of In a suit against, for negligence, what sufficient proof Liability o^ for negligence Exceptions to bail entered by
Notice to . . . . ,
Delivery of bail bond by
How appointed
Qualifications
Duty of
Compensation
Term of office
How removable
Entry o£nolUpro$eqm by
▲VTOBRXT, DISTBICT.
ATTOENXT GXHSEAL.
Of the United States
How appointed
Necessary qualifications
Duty of
Salary of
Allowance of clerk
Of state, demurrer to bill in chancery signed by
Common rule to join in demuner entered by
▲TTOXNXT IM VACT.
When authority o^ expires . Ratification of unauthorized acts of When may strike out endorsement on note When conveyances made by, ore void
AUCTION. AucTioif — Sale of lands at
Bepresentations at,rule as to As to pullers at . How sales at, considered by statute Sales at, by master in chancery Sale of partnership property at . Eule as to sheriff's right to purchase at S^es at, by trustees of absconding debtoi .Agreements not to bid against each other at What amounts to a bid at Bidding at, without disclosing name of principal Standing by and permitting name to be entered as purchaser Sale of stolen goods at .
As to invalidating sale at, for inadequacy of price Liability of purchaser at, who fidls to fulfil contract Where property sold at, is inaccurately described Sheriff selling property at ....
61
Vol. iii. 263
« 262
« 263
«* 267
"267,268
Vol. iii. 272— 274
« 233—275
« 285
. Vol. iii. 99
« 99
" 99
« 99,100
« 100
« 100
« 141
VoLiii. 98
98
•* 98
« 96
« 99
« 99
VoLi.191— ii. 31
VoL ii. 516
Vol. iii. 127
** L 66
. ** 144
« iU. 127
. Vo* 1.10— iii. 270, 271
VoL L 242
VoLi. 242— iii. 268, 269
Vol. i. 243
" ii.203
*' 409
. VoL ii. 578— iii. 271
VoLiii. 82
270 270 270 270 271 271 271 371
62
AUCTIONEERS — AUDITOR — AUTRE DROIT — AUTHENTICATION.
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AUCTIONEERS. |
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AuoTioNEBES— How considered . . YoL L 249— 128, 268 |
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Disqualified to purchase for themselves |
. YoLi |
. 25 |
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Verbal declarations by, at sale .... |
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Liability of ..... |
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Factor putting goods in the hands of . |
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Property placed in the hands ot, by assignee |
« U.113 |
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Salesby ..... |
«iu.l28 |
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Writing one^s name down as highest bidder |
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Authority by announcing bid |
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270 |
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Liability for selling stolen goods |
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270 |
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AUDITOR. |
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Auditor— Misapplying funds . ' . . |
YoLU |
332 |
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Cannot inquire into judgment |
. " iii |
.128 |
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What a good discharge before . . • • |
« i |
42 |
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AUTRE DROIT. |
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AuTEB DaoiT— Fraud by partner in |
. YoLii |
367 |
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Possession in . . . . |
tt |
716 |
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AUTHENTICATION. |
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Authentication — Of judgment |
. Yoiaie |
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Of power of attorney . . . . . |
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512 |
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Of certificate of an officer . . . ^ |
. «* i |
369 |
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Ofacts of assembly ..... |
« iii. |
27 |
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AUTHORITY. |
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AuTHOKiTY— Of directors of banks . |
YoLi. 14, |
108 |
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Ofan agent, how created .... |
. YoL i. |
17 |
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For drawing bills inferred . , \ |
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17 |
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As to one creating himself -agent without |
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17 |
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Roman law as to agent's acting without . |
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Payment without, when binding |
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Powers of agent enlarged or varied by implied |
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What equivalent to express |
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19 |
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Of wife in absence of husband .... |
cc |
19 |
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To agent governed by written instrument |
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19 |
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Parol, to accept a bill . . . , |
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Of agent to sign contract of guarar t} |
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20 |
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Agent departing from ..... |
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21 |
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Special must be strictly pursuea |
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28 |
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General, to sell how construed |
M |
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Of fiictor to pledged goods . . f , |
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24 |
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Limited by instructions . , . |
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Cashier of bank implied . . |
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26 |
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Given to t^o how ezer^iised . Yol |
. L 26-ii. 408 |
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Of attorney to convey lands |
YoLL |
27 |
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To buy and sell goods . . • . |
u |
27 |
AUTHORITY (CONTINUED).
AvTBOEXTT — Of ag«nt to employ sub-agent Of attorney to arrest debtor To receive partnership debts does not amount to authority to endorse
bills ..... Byletter of attorney ....
Of agent to receive pajrment
Where, is given to several . . . •
lyhen will be presumed . . . ^
Acts of an agent without, how ratified • »
Agent exchanging property without Derived from bills of lading Of an agent how may terminate
Declaration of agents acting by, of the United States . • Given to agent or attorney, how construed To sue not an authority to compromise Agent endorsing a note without What if arbitrators go beyond Given in the submission to arbitration Promise to accept by drawee's When agent must show.
Of holder of note to bring action in the name of third persons Sheriff taking note without Of one partner to bind firm
Given to third persons to receive notice in behalf of an endorser Parol, to agent ....
Of local statute . . .
Deed of, to agent
Deed by administrator need not recite Of court to grant divorce for intoxication To demand dower by parol . Principal bound by acts within the scope of agent's . Of acts of congress as to depositions Of agent to discharge from custody on execution Ol executors where part only qualify Of administrstor from foreign government Of the fiither controlled in chancery . Of e^^ecutors and administrators Officer attempting to arrest without sufficient . Special, to arrest under precept . . •
Of husband over wife Of vice^admiralty oourt Of court as prize tribunal Of circuit court to decree sale of land Of the United States as to treaties Of snpreme court as to state laws •
Of supreme court to issue mandamus Of circuit and district courts . •
Constitutional, of admiralty • •
Of supreme court to reverse decxee . •
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YolL S8 |
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29 |
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dorse |
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29,87 29 |
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33 |
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|
|
M |
72 |
|
|
M |
78 |
|
|
U |
110 |
|
|
« |
116 |
|
|
K |
121 |
|
|
«r " |
139 |
|
|
u |
149 |
|
|
tt |
296 |
|
|
« |
297 |
|
|
u |
299 |
|
|
« |
326 |
|
|
« « |
3^ |
|
|
^ tt |
366 |
|
|
tt |
382 |
|
|
M |
385 |
|
|
« |
393 |
|
|
tt |
423 |
|
|
« |
425 |
|
|
. |«4d5,436 « 440 |
||
|
tt |
549. |
|
|
« |
ii. 9 |
|
|
« |
12 |
|
|
tt |
30 |
|
|
H |
31 |
|
|
•C |
44 |
|
|
« |
50 |
|
|
a |
ff7 |
|
|
a |
99 |
64
AUTHORITY (CONTINUED).
|
Authority— Of husbwid affected by chuige of domicil |
, |
• |
Vol. |
iLlM |
||
|
Of mortgagee to sell under foreclosuie |
. |
. |
u |
196 |
||
|
Of court of equity to giant new trial |
« |
. |
u |
275 |
||
|
Of parents over their children |
• |
288 |
||||
|
Of acting partner |
Vol |
ii. 315, 356, 361, 362, 372, 376 |
||||
|
Of partners to dispose of their interest |
. |
. |
Vol. |
U.327 |
||
|
Implied^ of one partner to bind firm |
• |
. |
VoL |
Li.3d0--352 |
||
|
Of partner to bind the firm by deed . |
. |
Vol |
ii. 36S, 369 |
|||
|
Special, of partner from firm |
. |
. |
tt |
377 |
||
|
Of surviving partner |
. |
. |
"401,402 |
|||
|
Of congress to grant patent rights |
• |
• |
tt |
458 |
||
|
To administer an oath must be shown in in |
iSictment for perjury |
''486,489 |
||||
|
Of executor to sell lands |
• |
u |
491 |
|||
|
By power of attorney • |
. |
«512,513 |
||||
|
Of an attorney, how construed |
u |
512 |
||||
|
To enter up judgment |
. |
tt |
512 |
|||
|
As to legal estates |
u |
528 |
||||
|
Of sheriff |
• |
«fi77,S78 |
||||
|
Of sheriff's deputy |
u |
581 |
||||
|
Of sheriff to break open doors |
• |
M |
581 |
|||
|
Of ship's husband |
tt |
594 |
||||
|
Of master to sell ship |
a |
H |
600 |
|||
|
Of master to let ship by charter-party |
tt |
613 |
||||
|
Of master to inflict punishment on seamtn |
. |
tf |
622 |
|||
|
Of foreign country to imprison seamen |
tt |
623 |
||||
|
Of master to govern ship |
• |
M |
625 |
|||
|
Who succeeds to, on the death of master . |
tt |
631 |
||||
|
Usurped, of foreign government |
• |
tf |
640 |
|||
|
Of wife to make a will |
tt |
717 |
||||
|
As to granting auxiliary probate |
• |
tt |
727 |
|||
|
'Of United States courts |
tf |
lii. 28 |
||||
|
When officer must show . • |
, |
U |
33,41 |
|||
|
Of officers to make arrest |
«l |
U |
40 |
|||
|
Of justices of the peace |
• |
•U |
42 |
|||
|
Of trustees .... |
• • |
a |
82 |
|||
|
Of magistrate to issue attachment |
• |
« |
87 |
|||
|
Offences under, of U. States |
a |
99 |
||||
|
Of aUomey in suit to discharge debtor |
« |
101 |
||||
|
Of attorney to bring suit presumed |
« |
104 |
||||
|
Of attorney to i^pear |
a |
104 |
||||
|
Attorney may coniess judgment without . |
« |
104 |
||||
|
Appearance for a party supposes |
• |
u |
104 |
|||
|
To act for distant client |
a |
105 |
||||
|
Of attorney to release witness |
• |
cu |
105 |
|||
|
Of attorney to sue out writ of error |
« |
105 |
||||
|
Verbal, to appear when sufficient • |
• |
« |
107 |
|||
|
Of attorney when ceases |
. a |
106 |
||||
|
Of plaintiff, attorney in his general wairuil |
• • |
• |
tt |
106 |
||
|
Extent of attorney's in Kentucky |
tt |
107 |
AUTHORITY (CONTINCWD).
65
AtrtttOftitT— Of attorney's in Maine ... Exercise of judicial Of pretended agent denied by principal Ofconrts to allow sheriff to amend hit retun * Of an attorney in &ct, wKen expires Of agent to sign attachment bond Destruction of a bond or other instrument without Alteration of a deed without Guardian investing property of ward in real estate without Of master to sell damaged cargo Of auctioneers
Of supreme court to let priseneit to boil Of banks
Of one partner to endorse bills after dissolutioQ Of courts of the U. States to order non-suit Of either house of congress to punish contempts Of courts of justice to punish for contempts. Of courts to grant separation a mmta tt than
AUTHORS.
AvTBOES— Rights and privileges
« Necessary steps to procure copyrights
How may renew copyright
Rights of wife and children of ...
Jurisdiction of circuit courts as to *
VoLtiilOT
•• 115
" 117
« 118
» 187
*< 1S6
« 137
« 142
« 17«
•* 200
« 270
« 284
• 296
« 299
« 321
«* 325
" 325
» 348
VoLi.271,2T^ii.444
VoL L272
« 272
« 272
« iL 50
AVERAGE.
oxnsBAi*.
|
At»a«x— What constitutes • • |
VoLiii.190 |
|
|
What understood by |
tt |
i555 |
|
What not liable to contribute to . |
« |
473 |
|
What will support claim of . |
M |
555 |
|
Jettison ..... |
« |
550 |
|
Kinds of jettison .... |
a |
5OT |
|
Rule,where ship is wrecked after jettison . |
u • |
557 |
|
¥rhere goods are put on board of lighters |
• » " |
557 |
|
As to goods on deck . . • • |
^ u |
558 |
|
In case of damage to ship . • • |
• • " |
558 |
|
Where part of cargo is sold |
« |
559 |
|
When mast is carried away |
a |
559 |
|
In case sails are lost ... |
tt |
559 |
|
When boats are cut away . . . |
, ^ « |
559 |
|
Rule as to contribution for seamen's wages . |
« |
560 |
|
In case of voluntary stranding |
, ^ « |
561 |
|
In case of loss by collision |
« |
566 |
|
As to wages and provisions in case of embargo |
, ^ « |
■ 567 |
|
In case of detention by hostile capture |
« |
567 |
|
Where part of cargo is taken by hostile cruisers |
, tt |
568 |
|
Expenses of wounded seamen , , 9 |
« |
568 |
66
AVBElfSNT.
AvBBAOBr— Damage by fire
Money raised on bottomry
£xiia expense for sailing vf'Ah. convof
As to ransom
Adjustment of . , .
Wbat must contribute .
Role for Taluation
Role for estimating ship
As to contribnti<yDiAf fipiii^
Examples illustrating rules of contiibutioii
Eftct of adjfutment o^ in a foreign coun^
Qatui ccmtracts rwpeeting
Duties of ship's hnsba^d to adjust
▲YKaAtfK («IVPIiE) AKD PAETIAL LOSS.
What is simple average . ....
Distinctions between simple average and partial loss
Mode of adjusting simple average
Rule for adjusting partial loss . . . .
Simple average on ship •
SaW^ge,lo0s
Wckids *" free ftoin average unless genenl** in memorandum articles
AVERMENT.
ATsft&tAMT — In declaration for conspiracy • . • •
In information lor forfeiture In an action against endorseuon JMte . Of due presentment of biU Of demand for payment rOf >^e notiee of dishonor Evidenee to support a general Of endorsement Of the value of foreign money To give court of equity jurisdiction In 'declaration by*husband and wife • In action on* marriagOi contract . Of performance of contract When^ must 4>e proved . Ambiguity explained by parol under proper Imperfect, how cured-
Of consideration contrary to that expressed in a i^tA Of fects in an indictment Covin must be expressly averred By one against his own deed In cases of homicide * .
In action ou'policy What sufficient in a plea As to alteration of note In action for slander Of jurisdiction shall be positivt .
. VoJ.lW
570
" ff71
Vol. i. 57a-ii. 675
. Vq1..L ff73
573
673
" 574
VoL l ^5-ui. 640
Vol. i 57^
« 57&
** U. 60
. •« 504
Vol i. 580 ** 581 581 «* 582 « 582 « 653 « 584
. VoLJ. 11
« 12
« 88
«• 88,06
. VoL i 80, 117, 127
Vel.L 06
. ^ 116
« 117
« 120
« 187
• « 200
« 228
Vol i.962» 206,864, 285
Vol. i. 266
. « 270
« 201
"304,305
*372,420
« 400
•« 408
* 430
« 588
Vol. H. 15, 472,473
Vol. ii. 25, 2C
. Vol. ii. 26, 26, 600
VoLii. 46
AVOWRY — AWABD.
AvsmMsiiT^In action fi>r UM Of publication
Of good chaiacter in declaration . By defendant in action on mairiage promiae Of mortgagor to maintain bill to redeem . Of the (feliverj of yoachers . In action on note against partner! When plea is bad for want of Bjf administrator that he was duly apftoiatod What necessary to aver in pleading . In a plea of payment inapleaoffiofiMt/acfiim , ,
Munm in law as to .. Introductory , . •
That principal did not appear In declaration by assignees . In aelion OB bond la aTowries
La a sctre/aeMW «
la action for seduction Of ibrbesxance
ii ietion by innkeeper against guest . In an indictment for burglary
AVOWRT.
ATOWKT^Tniat is
To writ of replevin , Cognizance or, in bar to replevm Avowant must take good title As to certainty requisite in . What the proper plea to Rule as to replication in Distinctions between justification and Acknowledgment in
AWABD.
AWAED— Whatis
Bow made and how vacated
Bow courts may modify or correct
In regard to real estate .
When submission may be revoked
What necessary to make, sustainable
How, may be impeached
Mutual understanding of parties as to
Effect o^ made by arbitrators . • '
Manner of awarding mandamui
Equity will supply defects or mistaken in
By arbitrators between partners .
Injunction awarded by court of equitj
When may be pleaded in bar
67
ToLii.l(M>109
« 105,
« ' 105'
« 164
« 237
** 343
« 427
« 470
« 471
" .472
" 474
« 477
« 479
« 486
•« 523
« 544
*• 545
«« 546 ''599»562
« 563
« 605 <* iii. 129
» 307
yoLfi.546 "539,546 « 545 « 546 « 546 « 547 « 547 « 547 Vol. I 530, 546
Vol. L 60
•* 60
60
61
61
" 61
« 62
« 284
« ii. 21
« 140
« 253
« 335
•338,339
« 344
68 BAIL.
AwAEi>— OfpartnenbipmatteningeneiBl. . • Vol. 37?
Scire fadag on a judgment upon . . . ** ii. 56Z
To seamen when dischaiged ... ** 620
When court may award typemdios ** iii. 82 When court cannot award lecond execution . *^ 212
Of excesave damages . . ... " 263
When court will set aside . . '^ 264
Award of new trial by court in criminal cases ** 437
When binding notwithstanding it maybe contiary to law ** iL 21
BAIL.
Bail — Essential qualities of ..... yoLiiL272 Action by, against endorser *< i. 82
Defendants, not competent to give evidence • . ** 349
Surrender of principSl by ....'** 380
Parol evidence to prove surrender by . . . *^ 380
Effect of icire/anat against . Vol. L 383— ii. 5d9
May depute another to take and surrender principal . Vol. i 440
Judgment in state court when defendant has full notice and gives ** ii. 14
Sheriffsued for an escape and notifying . . * 17
How may be discharged .... VoLii. 28,522
Special, on petition for removal of cause . VoL Ii 51
F^secutlon of sheriff's . . . « 122
Excessive, demanded .....'* 135 In cases of in exeat regno .... VoLii« 262 — ^264 .
Money paid in court in lieu of . . . . Vol. ii. 474
Plea ofnU debet to an action on recognizance of . . ** 47S
False oath made by a person offering himself as, punishable as perjury " 485 Recognizances entered into by, in civil cases . " 522
Respite of recognizance from one court to another contrary to dissent of *' 522 Allegation that principal was not produced b) " 523
Rule as to sore faeiat against ... ** 561
Scire facioi against special . . . ** 561
Sheriff taking insufficient . . . . . ** 578
Liability of sheriff for escape of prisoner committed for want of ** 580
Representatives of, surrendering principal . . " iii. 15
Privilege of suiter does not hold after^surrender by . - . YoL iiL 35, 36 Of debtor who removes into another state * . . " 36, 37
Motion to dischaige on conmion . . Vol. iii. 37
Rule "^ere a{>erson is put to great inconvenience in giving • ** 38
By defendant on attachment ... ** 38
Holding defendant to, in a foreign eountry . ** 38
To dissolve attachment, liability of . • *' 85
Common ..... Vol. ii. 33, 272
Special . . , , ^ a g9,272
When permitted to justify . . . , , VoL iii. 272
Who cannot be ieceived as .... « 272
Exceptions to, after service of copy . ^ • . ' . ** 272
What a good exception to • "^ • . , ''272
When defendao ; must plead dcNove • • • « « s>72
BAIL BONDS.
69
Bail— Objections to special ....
When and where justification of 18 good When, is accepted and neglect to justify When plaintiff may file conunon, and take de&u i How set aside ..... Delect in notice of . When not permitted to justify Effect of defect in notice of, in court of king's bench As to number allowed plaintiff When plaintiff cannot take assignment of^ bond « When plaintiff cannot treat bail piece as a nullity Rule in England as to .
What held to be a waiver of , . •
When plaintiff may declare dt hmu mm Ruk in common pleas as to exceptions to Notice of exceptions to ...
When a nullity . _ . Kote to aheziff in lieu of . • •
Proceedings against special . » • .
No distinction between bail and other debton When plaintiff cannot issue ca. ta. against Co, to. against principal how must be returned Special, may insist on previous agreement Miy prosecute an appeal •
When proceedings against may be stayed Excessive, shall not be required . PriTileges of^ power over principal, fcc. •
Kig^ts of, to take principal, when and how Whetf liable fbrfiilseimpiisonment • When may be dischaiged . . •
In what cases is and is not demandable •
Form and requisites to hold to . Affidavits to hold to ....
When and when not fixed
Surrendering principal • . • .
When, may be exonerated . . .
When may surrender principal How, regarded and when discharged ' • •
When principal is imprisoned . •
In ciimiaal cases ....
Jurisdiction of supreme court of the U. States to take Jurisdiction of supreme court of the state of New York to take Defendants remedy if excessive is required What will not discharge . •
Special, by defendant on attachment • Attorney cannot be . • •
BAIL BONDS.
Bail Bohds — Proceedings oo When void
VoL iii. 272, 273
Vol.iii.273
" 278
VoL iii. 272, 273
. VoLiiL273
« 273
« 273
« 273
" 273
« 273
. « 273
VoL u. 273, 274
. VoLiii^274
« 274
. « 275
« 275
. « 275
" i. 110
" iiL275
« ^75
. «*. 275
« 275
" 276
« 276
" 276
«* . 276
VoL iu. 276, 277
VoL iii. 276
« 276
« 277
. . « 277
VoLiu. 277— 279
« 277—279
« 279—283
« 279—283
VoLiu. 280
« 2S0
VoL iu. 283-285
. VoLiu. 283
« 284
. " 285
•* 285
VoL iu. 89, 95
VoLiu. 112
Vol. iiL 128, \ VoLiiLS
70 BAILMfiNT— BANISHMEKT — BAHK BILLS OE NOTSS,
Baix. Bo]ii>s— EffiBctofwaiitof ualto . , . . ToI.tir.289
When assignable • . . <* 286
"When plaintiff cannot take assignment of . . . <* 273
Note given to sheriffin lieu of . . <* i 110
BAILMENT.
Bailmkrt— Demurrer in case of defective . . ToL i. 315
As to owner of property in, being divested by act of carrier ^' 179
Cases of, cognizable at law . . . >' 398
In the way of a pledge ..... Vol. ii 215, 216
"When owner of property may consider it at an end . . VoL ii. 233
When and how terminated . . . , " 233
Violation of an engagement by a tortious . . , . '^ 234
As to trusts "709
Obligation arising from a contract of .... VoliiL77
Liability of steamboat owners ....** 128
Liability of ion-keepers .... Vol. iii. 128, 129
Bimee*s liability for gross negligence Vol. iL 231, 232— iii. 129
Biilee'slien ...... YoLiiLl29
[Sss Cabbisks.]
BANISHMENT. BAxrsHliKif T— Of one of several partners dissolves pfutnesriap VeL U. 306
. BANC BILLS OR NOTES.
Bans BaLS oe Notbk — When courts of chaneeiy will relieve fbr loss of Vol. iii. 139 A good tender unless Objected to . VoL i. 127— iii. 130
Divided for transmission aoid part lost, h<m holder may recover Vol. i. 100— iii. 295 In England negotiable paper must be for payment of money and
not in . . VoL i. 101
Rule in the U. States ms to paper made payable in . * 101
Payment to a bank In its own Vol. i. 127— iii. 305
Recovery on, where names of president and cashier an worn or
torn off . . .VoL i. 135
Possession prima facU evidence of property in . . *< 138
No vioUition of law for mail carrier to carry . . « 184
Deposite of, for certificate and demanding specie ** 259
Indictment for uttering, knowing them to be forged *< 369
Indictment charging defendant with stealing VoL 1. 460— iii. 308
Insurance ofgoods and merchandise win not cover . . VoL i. 473
liVhen statute of limitations not applicable to demands on * ii. 118
When, may be attached .... VoliiL74,83
Action on note for payment of a certain sum in . Vol. iii. 199
Passed in payment of precedent debts . ** 130
What necessary to constitute forgery of ** 141
In possession of wifo when hneb^ eafitM to them in marital right * 103 Finder o( when not liable as for larceny . « 206
Indictment for having in possession, forged VoL iii. 244, S45
Liability of banks upon proof of destruction of • « Vol. iii. 294
BAMK BOOKft-— BAKK CHBCKfi^ bankers. 71
Bakk Bills ok Notsb — Holderai; not obliged totHlnlbvei^ErgoId andsU^er VoL ili.1295 Of an insc^Tont bank, whon and wkenr allowed as iet«ff against
bank . *< 299
BANK BOOKS. Bask Books— Eatry of fin^ged checkin, as cash is eqnivalsnt to payment VoL i. 102
How £ur, considored orideaee . * 3T1
Crsdit on, for a general doposito of wliat aa asknowledgment ** ilL 130
BANK CHEICKS.
Baxk Checks — Essential qualities of . . • V<4 L 68
Drawn by cashier of bank . . » . *^ 31
How £ur banker is liable for taking check instead of money . <* 41
liability of banker for refusing to honor check of customer ** 70
As to the negotiability of . . ** 82
Defivery of; by one bank to the porter of aaother bank . *■ ^
When to be piesented for payment . YoLi 89, 91
Pest-dated, when payable . . . • . YoL i 80
Initials of name of hMm sufficient Jo eha^ him as endoner ** 91
Holderof dishonored, bound to give notice to drawer . . ** 98
Entty of, in private bank book as ca^ equivalent to^poyment ** 102 Not leoeitoi as absolute payment Y^ i. 105— iii. 290
Eifect of the entzy of forged, in bank book . ', Yol. L 102
Substantially the same as inland bills of exchange • "110
As to holder of, as agent suing in his own name . ** 117
Pmnature payment of . » ^ 122
Beceived ftom person who obtained it ui^aizly • . * 136 Conviction of peisons charged with foiginfT eaanot be given is eri*
donee la a suit on the eheck • *^ 354
Holder o( bound to present vrith, in a masonable time YoL iii. 290
What considered reasonable time . . ** 291
How differ from bills of exchange . . . ** 290
What sufficient to charge original holder as endorser • . " 291
No days of grace attowed on . ** 290
Pirty taking check ovexHlue what subject to . . ** . 292
' BANKERS.
Bama jks— Failure of; while in possession ef eustemer^ pmperty . YoL i 34
jilo w fiur liable if check is veceived instead el money, and cheek Is
dishonored . . • YoL i. 41, 45
Lisn on paper seeurities lor geneisl balaaee of aeeomrto . YoL L 51
Itow situation of agents differs fi«M tint of • . ** 79
Ifegotiibility of banker** cheek . ^. . " * 88
Premature payment of a cheek by • . ** 122
. Testator bequeikttiBg moneys in the hsiidf Of . . " ii. 75
Claim of, on assets of dseeasedpeitBev • ** 349
Securi^ giveb to, for oveabaw • • « ^ 361
Bend to, loir .advancement • . • • YeLfi.415,416
Xloal0.deposited with, for advances • • YoL ii. 418
72 BAMEIMO €OBPOEATi01IS— BAtfK&UPTCT.
BAVKBSft-'TVifeacccptiBg bills paTaUe at her bftoken . YoiiiLlfiO
Finding dialt on, and tenderiBg it for payment, what it amoiuiti to * 169 Huband's marital ri^^t to money wift left in hands oC, at her
death • ^LiiL 109,194
BANKING CORPORATIONS.
B^iixiao CoEFoaATioHS — ^Maj plead statute of limitations • .* Vol. iL 118
As to cashier oi^tiansfiBrring property of in a note VoL L 36 Party injured bj the fraudulent conduct ot, has an action against
indiridual members . • . " 407
Rule as to, in regard to statute of limitations " iL 118 Qmo wommto against, for ezsrcising banking privileges witiieut
wanant ..... ** Si9
BANKRUPTCY.
Bamkbvftct — Of principal, power of agent determined by VoL L SZ
Of principal, how affects personal rights of agent . . ** 93
Trader endorsing bills after ... . . *** 85
Of drawer or maker no excuse for not giving notioe to endoner ^ 94 Endorsement on note lent to bankrupt drawer lien of vender who sells for a note in case of Commisaifliis of
Of husband, liability of wifo in case of Promises by bankrupt, how held . Vender's right of stoppage wf. tnoMfiht in case of . As to bankrupt being competent witness
Bankrupt cannot prove his own act of . • . ** 349
Bankrupt cannot be questioned as to %nj antecedent act of ** 349 Discha^ of^ by one of several defendants, renders him incompetent
as witness . • . • ** 351
As to commissioners of, examining wife on oath . ** 353
Assignment of policy effected by bankrupt upon his own Ufo ** 090 Priority of the United States in case of . . VoL iL 107, 108
Lien of accountant employed in, on bankrupt's certificate . VoL iL 114
Maliciously suing out commission of . . . *' 135 Of partners . . VoL ii. 313, 324, 335, 439-^440
Rule as to right ofbankrupt partner to file a bill Vol iL 341
Of one of seveial partnen when a good plea in bar . ** 344
When assignees o^ become tenants in common with solvent partners ** 345 Acceptance by bankrupt partner in name of firm . VoL ii. 378, 379
Dissolution ol^partnership for bankruptcy of either partner • VoL iL 388
Effected upon association of partnership . ** 393
How rights of partners are affected by, one or mora of them ** 433
' Rule when one partner has become baniurupt , ^ 439
"What necessaiy ^ constitute two or more partners bankrup • ^ 435
SanfaoM to revive judgment by assignees of baukrupt <* 969
Certificate of . « . • • • * 873
Consignee becoming bankmpt • • . • ^ 680 Prior assignment ui • • • . VoLiiL73k74
94
VoL L 135, 136
VoL L186-4L 367-^80
. VoL L 208
« 216
VoL L 226, 237
VoL i. 349
B^aK»
.73
Bakkkuptct — Ofmortga^or
As to dischaigini; l>ail for bankruptcy of principal . When assignee of bankrupt chargeable with interest
BANKS.
iUiiKs — Byrlaws, usages and customs of
. VoLiii.318
Vol Ui. 277, 280 . Voliii.369
VoLi.287-4ii.293
Agreements by president and cashier as to liability of endorser YoL i 14, 108 As to transfers by cashier of .... YoL i. 26
As to president of^ endorsing notes after eiqpiration of charter . *' 26
Farol evidence to show that check drawn by cashier of| was an
official act . When bon^fldt holder of note may sue in name of . Demand of maker, where note is payable at particular Yol. i. 87, 117, 127, 128-—
ill. 301 Demand of maker by cashier without having note with him Beliveiy of check by one, to the porter of another When check on, must be presented to charge endorser Notes made payable at . . •
When note held by, must be presented to chaige endorser Notice by book of a messenger of When must support loss if forged check is taken Check of third persons taken by cashier on note held by Joint endorser paying note negotiated at Property and possession of assignee held by Duty of, where note is left for collection . Yol.
Payments made to, in its own notes
Notice where note is made for the puipose of being negotiated Failing to make demand of payment . Yol.
When become liable to owner for amount of bill or note Deposit of bill in one to be transmitted to another for collection Failure of, to give notice to drawer Suit by holder against, for negligence Agreement by attorney and agent of . Authority of officers of . . . .
Notes deposited in, for collection, how considered Acknowledgment of one on death-bed as to his deposit in Neglecting to present bill in due time Neglecting to protest and to give notice As to removal of maker's domicil affecting obligation of limitation of the constitution in respect to Incoiporation of Note passed to, as collateral security for usurious loan Post notes of .
When action of usnry maintained against Certificate of deposit presented to, lor payment and specie demanded Duty of^ to redeem bills in gold and silver
Custom o( as to rectifying mistakes YoL i
How hx books of, received as evidence As to, selling shares under execution . ** 382
intbdiawal and division of capital stock o^ by siDckholdeie « 407
10
« 31 YoL i. 52, 83
. YoLL 88
« 89
« 91
YoL i. 91, 92, 101
. YoL 1. 96
*« 97
" 102
« 105
. •* 106
110
111, 119-4ii. 294
YoL i. 127
at " 128
129— iii.294
YoL L 129
« 129
« 129
« 130
« 134
" 134
« 136
« 137
« 138
« 142
« 148
« 147
«• 247
" 247 ,
« 247
«* 259
*• 259
287-HuL293
YoL L 372
74
BANK STOCK*— BAIL
Bahxs— Mortgage made to tecnfe endonen in .
Stoekholden in, how considered
Notice of dissolution of partnership taken by
When payment in bills of insolvent, is no satis&ction .
Quo warranto against incorpoiated
Counterfeiting notes of, T#hat necessary to constitute fbigeiy
Not secured by mortgage given by partners to
Assignment of note payable in . . .
Decision of the supreme court of the tJ. States as to notes issued by
Issuing bills to larger amount than charter allows, effect of
Issuing more paper than can be redeemed .
Embezzling large sums deposited for safe-keeping
Withdrawing stock under the form of loans on private security
Kefusing to pay specie for bills
When and how charter of, may be forfeited
Bound to exhibit books to depositors on proper occasions
Liability of, in different states .... Vol
How tu liable for refusing to transfer shares
What conclusive evidence of deposit in .
Bights and auth«. > ies of ....
Joint security to, by partners for advances to be made
Assignment of property by, to trustees
Contracts to receive compensation for endoning notes payable at
BANK STOCK. Bahk Stock— Transfer of^ how made
Action on the case for refiising or neglecting to
>oL iL 1Y» « 338 « 399
*" 46»
«iir. i4t
" 21» '< 265 •« 287 « 294 294 (I 294 «• 204 « 294 *'294,295 a 294 iii294— 296 VoL iiL 295 « 295 « 295 " 444 « 294 ** 492
YoLiy. 992, 293,397 VoL UL 397
BAB.
— When accmd is a good barln kw To alien's title as heir . To actions against joint obligor «
Note not negotiable is no bar Accounts stated, pleaded in . To equitable rights Statute of frauds pleaded in . By the statute of limitations Conditional promise to pay a debt baned by ttatnte To the right of stoppage •
Discharge under banionpt law pleadable in I» cases of executory devise To suit for divorce As to barring wife of dower Devise $ce#pted in lieu of dower a good bar As to fimmt covert barring her dower by release to hnabtnd What no \mt to actions of ejectment , • •
What no bar to actions of trespass To an equitable title . • . «
Judgment of eouit of oMcumnt jnxiadielion as a plaa ift
VoL
VoLi
. Vol.i. 10
» U
« 67, 151
*• 100
VoL L 188^.4i. 343
VoL i. 190
. ** 193
I 916-^. 115, 235
. V4»LL217
*• 237
^ 241
* 320
« 325
331,45a»ji.91,513
. V«L L 33i
« 332
** 338
« 841
*• 361
• " 870
BAR (continued). 15
Bas— Liability of administrator for not bringing suit until act of limita- tions opposed a bar to recovery . Vol. i. 386 Cases where statutes are and are not a bar at law . Vol. i. 309 — ^ii. 116, 123 Whe n infancy may be pleaded in . . . . Vol. i. 464 To action on policy of insurance , , , " 506 Warianty of seaworthiness maybe pleaded in . . " d06 When neglect or de&ult of statute pilot is no bar . *' 508 Clause in policy by which parties agree to submit to arbitration
cannot be pleaded in . . . '* dS7
Setting up foreign judgment in . . . ** ii. 10
Judgment against co-trespasser pleaded in . . . "18
To two actions commenced for the same cause . . • *' 10
Judgment of acquittal pleaded in • . . . "21
What no bar to indictment for murder . • " 31
Extent of an award as . . . . "21
What no bar to second indictment for same offence • • ** 25
General rule as to when judgment will bar subsequent action . ** 27
Sentence of court pleaded in . , . ^ 63
Statute does not bar a charge upon an estate .- " 120
Of the statute sought to be removed by a new promise . • " 125
Acknowledgment by an executor will not bar statute , " 126, 127
When in&ncy will prevent statute from barring • . ** 130, 131
Mortgager bajrred by his own de&ult . , *U70,201
Hew mortgagee may be barred .... *" 191, 109 To the equity of redemption • . . YoLii.107,239,240,241
When mortgagee's right to file bill for foreclosure is barred . Vol. iL 238
Defendant pleading in, instead of answering . . '* 342
Bankruptcy of one partner pleaded in . . '^844^425
Dissolution of firm pleaded in . . ^ " 307
By certificate under separate bankruptcy . . . *< 437, 572
Flea of tender before suit in . . . ^472
Necessary eeiiainty of plea in • . . " 473
What necessary to support plea in . . . ** 473
What plea of paym^t must aver to operate at . . ** 474
What not a waiver of ]^ea in . . . , . ** 475 Matter of defence arisen after commencement of suit, cannot be
pleaded in . . . . . ** 476 Defendant pleading statutes in bar to action of gnmnpiH tar Mgli-
gence . . . « 481
What necessary whefe statute <^lixttitationB is pleaded In • ■* 482
Belease pleaded in . • " 485 Acquittal or conviction of murder for the same killing, when a
goodbar . * . "520
Repleader awarded where there is a bad bar » « ^ M
iVbn c^ as a plea in • . ** 545
Plea of property in a stranger in » . . • ^ 546
What a proper plea in bar of an avowry . . . "547
What no bar to subsequent action for the same denMHMl . • ** 566
Alien enemy pleaded in . • , . ^ n\. 12
17 19 90
76 BARGAIN AND SALE — BARRATRT — ^BASTARD.
Ba»^ When non-joinder of aecret partner is no bu . Vol. ill. t% Non-joinder of debtor pleaded in . • • ' *
Defendant may plead in alntement to part and in bar to residue . *
Plea in abatement cannot be put in, after plea in bar . ' If matter which must be pleaded in abatement is contained in a plea
inbar " 90,21
To relief inanity ....." 2ia
Courts of equity intcrfeting to prevent bar of statute . , « 214
Settlement no bar to a recovery for matters not included . *' 239
An accord executory constitutes no bar . " ^S1
Plea in, by special bail . . ... ** 976
By the act of limitations • . ** 371
• BARGAIN AND SALE.
Barcaxh Avn Salx— What necessary to validity of deed of . • Vol L 305
Deceits in conveyances and . . " 397
When patentee of lands cannot convey by . . ** 66
As to an equity of redemption beiog subject to . ** 66
As to the interest of a mortgage being subject to sale on execution ^ 67
Reliefin equity for inadequacy of price . . . ** 200
Deed o^ by infant . . . « 209
As to persons out of possession conveying by . . " 970, 299
By one of several partners on his own private account . . " 406
Deed of; must be sustained by sufficient consideration . " 499
Allegation of cleik taking acknowledgment of deed of . . ** iii. 149
Deed of; may be made to take effect «ft/itfiiro ^ i.996
BARRATRT.
Babxatrt — What is, as understood in the English law VoL L 540
How defined in the French law .... ''540,541 *
Rule where policy covers risk of YoL i. S26, 527, 528, 543, 546, 588— iii. 41 0
Howdefinedincourtsof United States Vol. i 541 14aster sailing out of port without paying port duties whereby ship
is forfeited is . . <* 542
Unlawful rescue in violation of the duties of neutrality is *' 549
Mere breach of contract on the part of master ddes not constitute " 549
What sufficient to negative . . . ** 542
Act of freighter under general charter-party not treated as . " 542
Effect of; iqwn policy of insurance . . . ** 542
Gaptainbarratrously carrying ship out of her course « * 543 As to mortgager committing, if mortgagee has not entered into
possession . . . . ■< 549
BASTARD.
BabtaXd— Filiation 3f . . . . . VoL ii. 145
Obligations of paienti towards . <* S99
Father's liability for maintenance of . . , « 20R
Putative father's rights and liabilities . ** 993 How regarded, in equity ....<* 223-
Devise by fiither to unborn, in which the mother is described . ** 999
BELLIOERXNTS— BENCH WARRANT — BBQUI8T*— BJ>DmiS. 77
BASTAEi>—'Reeogiiizuic6 for the appeanneeofpntative father of . VoLiiflSS
Where complaint for the maintenance ot, may be brought • " iii. 290
Eyidence on an appeal against an order of bastardj '^ i 358
Arrest under bastardy act • . . ** ii. 145
BELLIGERENTS.
jinLiciKftsifTS — Rights oi; in time of war VoL 1.011
As to war dissoMng contracts between Vol. i. 297— ii. 390
Papers denied to, and property thereby thrown into jeopardy . Vol. i. 510
Right of search . . ** 51<^
Frauds and falsi papers to elude rights of . . " 511 Sentence of foreign court of admiralty held in the territories of ToLi. 512, 513, 514
C^tnre of neutral vessel ss prize by a belligerent vessel Vol. i. 543
Capture by one fipom another . . « 543:
Bottomry bond given on belligerent ship . , ToL ii. 611
BENCH WARRANT. BmcB Wasbaht — Arrest on, after recognisance is entered into Vol. IL 59^
BEQUEST. BfeqvKST— Terms o^ how construed .
How chattel interest applicable to an executory
As, to preventing or destroying eswcutory .
Of pledged property ....
Of legacy . • . '
Of stock to trustees ....
Of slaves and their increase
False reason assigned for .
By husband to his "beloved wife* not mentioning her name
Of year's wages to each of testator's servants
Of leasehold property on condition
Conditions annexed to . . " 81
Of personal estate .... ** SH
"What, sufficient to constitute a specific legacy . .** 84,85
Residuary, to be paid when legatee arrives at age of twentyK>ne ** 88, 9$
Ofa weekly sum, when payaUe • . • . ^ 97
In lieu of dower . . . . • ** 98t
As to lapsed legacy of chattels passing under residuary . . " 101
ReUef in equity for mistake in description of property in " 255*
Variety in, involving fiduciary interests ** 711
Of the use of testator's personal estate for life of legatee ** iii. 155
Of an annuity, when payable • . • " 20(.
BIDDERS.
BtsDKBs — Giving auctioneer authority to write down name Vol. iii. 270 Liability of ..... •*27<\271 Employed byownerof property to enhance price by pretended com- petition . . . « • • ** 2w9 As to persons being employed as secret • . ** 209
VoLi31T
« 321
•« 322"
•• ii. 74
« 75^
« 75
« 76
« 79
« 79
« 79,89-
« 80-
78
BXOAHT — BILLS.
BI6AMT.
Bra AMY— Marriage dissolved by leason of . • . V<d. L 327
In indictments for, where may ventte be laid . • ^ " 4S6
What will exempt parties from the penal consequeacet of • " ii. 148
BILLS. 0il^»^DemurTerto, for want of affidavit .... Yol. L 13
Creditors uniting in, in chancery . . . ** 187
Discovery sought by, what must appear . . . ** 187,188
Account stated pleaded in bar to, in equity . . ^ 188 How and when property fraudulently conveyed may be reactied by,
inequity . . • ** 188
As to complainant's right to discontinue as to part claimed by 190
Answer to . . 190,191
Demurrer to, signed by attorney-general of state " 191 Filed against husband &nd wife, how husband to appear and answer " 191
Amendment of; by plaintiff . . ... ** 19d
Defendant's answer to amended . . . . ** 192
Amended by adding plaintiff's . . . . " 192
Amended by original bills . . • <* 192
What should be stated in supplemental . . . ** 192
Power of court of equity to alliow amendnjients of • • " 192
Amendment by plaintiff after demurrer • • • ^ 192
Jlosr, may be amended • . . * • * 192
Ofieview, when dismissed .... * 193
Of leview, offered to and refused by chancellor • . ** 194
Filed against administrator by next of kin • • ** 387
Belief on, in court of equity . . • . " ii. 16
Pxairing discovery of title by 9uppl«mental, in equity . ** 42
Praying for an injunction to a judgment . . • ^ 44
Filfld by authors or inventors . . • "99
For divorce on account of adultery . . . " 102
Filed to prevent statute from running . ^ 12$ Filed by creditor of lunatic against committee, without making
lunatic aparty . . . . *< 134
For decree of specific performance . . . ''198,263
Mortgage given subsequent to filing bill . . « *' 175
To procure decree for foreclosure . <* 197
Inequity to obtain conveyance of lands mortgaged . ** 210 For redemption, by mortgagor . . VoL u. 211, 212, 213, 232
Filed by several, as owners of equity of redemption . VoL iL 213
Inequity in behalf of pledger to redeem . . . ** 233 When and where not maintained by mortgagor to recover possession *< 237
What mortgagor must aver in order to maintain bill to redeem . ** 237 Tineellowed upon, to redeem ..,.'' 239
Decree, when party fiuls to redeem within time allowed , ** 239
When will be dismissed . ** 239
Within what time may bill to redeem be brought . • ** 239
FUed by wife, for alimony . « • • ■ 863
BILLS OF CB£DIT^-BXLL8 OF EXCIBFTION— BILLS OF BXCHAHOE.
%x.L9-<-IVrtitioii Affected hf, in equity "... Fonnded upon mere equitable title
^Rulr M to light of bankrupt partner to file hill ibr an aeeonnt Agiinat assignees of bankrupt partner, for an a^eount Rule as to the prayer of , . . .
Confined to account of partnership tnnsactions, how de&ndsnt nay
• plead .....
"What a bar to Inll for an account General rule as to WMTwers to Fox deviation of partnership on the ground of insanity of one partoAS For settlement of partnership concerns Brought by partner, praying dissolution and an aceoont . Bond given conditioned to prosecute bill of injonclioa Ejcception to jiirisdif.ti/u> by denial that one of the pnitioe to is n
jpilizen , • , , .
Taken as confessed against absent debtor, when set aside To render de&ndant liabls for debts contracted by deceased wifo To i^orrect an erroneous description in a deed Confining ^M «cooiint and a reconveyance of mortgaged psoperty When supplemental, for rehearing will be granted When biU oCwww will lie
BILLS OF CREDIT.
BukLft OF CuDXT— What are . • • .
Definition of .....
Leading chanicteristics of ....
Bfnjssion cif how considered by the constitutien
VoliLS^
«« SV& « 341 ** 341
« 343 «d43,344 " 344 « 39& « 405 *< 404
•* asQ
** iU. 10 «* 113, 114 « 191 .''194,195 « 218 « 23& « 237
Vol. 1. 146 «* 146 « 147 « 146
BILL8 OF EXCEPTION.
Bo*i>s OF ExcxFTioH — Whatever is set ont in, will be oonaidend as
record ...... Tol.iill35
Maadamns to circuit court comnuu(idjag signature cf • ** ii. 139
BILLS OF EXCHANGE AND PROMISSORY NOTES.
BiT.Ls ov £xoHA|ioK AHD.PnoMxssoaT NoTB»— Immediate parties to YaL i, 67
Definition ofa hill of exchange . ** 67
A« to ttiB Wtids " TAliie ncetved" being absolntely neeessaxy in "67
H^ parties to bill aie caJOed . " 67
Role wi^ respect to mode ^beooning party to a bill ** 68
Eseential qualities of . . . <* 68 Drawn by senmot «•...** 68
How bills to ]>e expounded . . . - ** 68
Delivering of to payee . . '^ 68, 69
Dranm or endorsed by infant ... . . " 69
What wi)l discharge surety on . ''69
Note given by one partner in name of film . * 70
Note discounted as security by membeie of ae nnlawfid assoeiatkm * 70 .
Note by an adpunistratpr as administrator . <* 70
Whennoteispayableifno time is expressed • ''71
80 BILLS OF BXCHAlfOB (CONTINUBD).
Bills or Exohaikik and Peomissobt NoTKs^Collatenl |>utie8 to ToL L <I0
Natureofendorsement of note not negotiable . . ** 84
How and by whom a valid tTanafer'of, may be made ** 80
Bill payable to fictitious person . ** 71
When authority for drawing bills is inferred "17
Bills not due paid by customer to banker . * 19 Authority to reeetye and pay debts gives no authority to accept
bills ..... yoI.L3»-iL512,513
What four things an agent is bound to do in negotiating bills . VbL L 30
Banker taking accepter's check in payment of bill ** 45
Bills accepted on the fidth of consignments . . *^ 49
Agent Bunendering note belonging to principal *' 97
Acceptance of promissory note on account of a debt . ** 10
Of one member of firm received in payment of Khm debt ** 10 As to the whole of a joint note merging in a judgment against one
of the makers . ** 10
Agreement by officers of bank to release endorser on ''14^ 108
Pltrol authority to accept, draw, or endorse bilUi . " 90 Factor taking note payable to himself . Vol. i. 94, 33*-uL 116, 117
Cashier transferring property of ^oipoiation in a note VbL i. 96 | Authority to buy and sell goods does not necessarilj include power j
to sell notes ..... ^ 97
Received from an agent or factor, having no authority to transfer . ** 37
Right of bonAJkk holder of; to sue in name of bank " 99, 53
Action against agent for endorsing, without authority . . " 58
Payee or endorsee, good witness to prove that he acted as agent * 98
Necessary demand where maker has removed . . ** . 87
Rule in English law respecting demand ibr payment . . * 87
Necessary demand i^ made payable at a particular place . * 87—89
Stipulation to waive notice . . - . ^ 88
By whom demand must be made . . '^ 89
By whom demand made if there be no notary . . ' • ** 89
Bill payableat so many days' sight . ** 90, 103
Must be presented in bank hours . . * 90
Endorsement on, by Initials onlj . , ** 91
When to be presented if payable on demand . ** 91 What notice necessary in case maker or drawer abecottde ToL L 99— Hi. I3d^
Not an absolute extinguishment of simple contract debt . VbL L 9^
Mistake as to date of note does not vitiate notice * 95^
Recovery against acceptor on bill lost or mislaid *' 99* Note not negotiable no bar to an action on the account Ibr which it
. was given . . ■ ' lOOc
Taken by express agreement in payment of judgment . * ' 100'
Note a good plea to action on simpj^ contract debt . " • 100*
Note payable to two exeeutors . . . " ' 101
As to days of grace allowed in Massachusetts * 101
As to grace allowed on notes not negotiable . "* • * lOl
Not confined to any set form of words • • * " 101
Foim of bills to be paid in specie • * lot
BILLS ?F XXCBANGE (CONTINUED).
8\
Bills oy Cxoai!! OS— Foreign bills .... Yoli. 103,119
lisbilitjofaccepter on fbigied bills • *< 103
Agreement by holder with drawer for delaj . ** 108
Note void against maker may be good against endorser • ** 104
Payee a gpod witness to prove altention of . . ** 104
An order is in substance a bill of exchange • . <* 104
Note drawn pajrable in one place and sued in another ** 104
Ai to accepter's liability for costs . . ** 104
Note made without consideration . . . ** 109
liability of endoiser for fees of protest • . ■* 105
Cashier tsking check of third persons in payment of . ** 105
liability of persons signing note as guardian . . * 105
GuarsBty warranting collection of • . . ** 106
How release after assignment of is considered . . . ** 100
Duty ofassignee of note not negotiable . ''IOC, 107
What holder ofprotested foreign bill is entitled to ^. . ** 107
Holder of by blank endonement . . . . « io7
Alteration of note by cutting off memorandum as to payment ^ 107
What altention necessary to avoid payment of . "107,106
Flaudnlently transferred • . ** io6
New securi^ given to holder for usurious note ^ 108
Holder of, as trustee may sue in his own name . . ** lOO
Note payable to fictitious payee ....** lOO
Tender by endorser of note, on the day next after it became duo « 109
Note given to sheriff, in lieu of bail bond . . « no
Point liable to be proved against survivor of two joint makMi <* no
Endorsement of, by one of two joint payees « 110
Inland bills . . <« HO
By whom action on note to be brought . • « no
Duty ofbank having note for collection • • ** 111
Delivering of note as an eterow • ** lU
As to parties being allowed. to invalidate . . ''Ill, 133
For compounding felony, how held ** 113
Necessary demand where note is not payable at particular plac« " 112
As to moial obligation being a sufficient considention • « 113
As to note gratuitously given being enforced in equity . ** 113
What maker or endorser is liable to pay ''114
Holder obtaining possession by fiaud . . . . " 114 In action against accepter of bill holder need not show demand of
payment . . ** 114 Note endorsed in blank feloniously taken from true owner . ** 115 Note may be negotiated after first day of grace . . ** 115 Note containing words " I promise not to pay" held valid . ** 118 Efiect of delay if endorser of bill is once fixed by notice of non-ac- ceptance . , , • 118 Demand of cashier sufficient if pajrable at bank . • " 118 What necessary to state in actions on . . * 118 Note tsken by sheriffin satisfiictionof ca.fa. • • "118 Evidence that maker of note cannot be found . • " 118 11
82 Wtis Of cxciiANGE (continued).
Bills of Exc»AiiGB->iftotieci of non-jKiyinent need not be in wti&ig VoL j.410 Am to holder of note pajrable to bearer as agent suing in hia ewa(
name . . . . , " 117
Declaration on note eqdocsed after it is due . ** 117
Bill endorisedby^ treasurer of UnitedStates . , ** 117
Admission of secondary evidence as to . . " 118
How. distinguished from all other parol contracts * 118 Endorser of protested bill need not produce it in action against
diawer . . •* 118
Failure of bank to give notice to drawer . . . ** 119
Where holder of note payable in specific articles is to receive them ** 119
In&acy set up against . . ** 119
Brawn payable in foreign country . ** 130
Assignment of^ during pendency of suit . • " 139
Billfl.addressed to wrong name . ** 120
If there be no averment in, as to value of foreign money . . ** 180
^ow. partners may not bind each other by . . • ** 121
French law as to drawiAg bills . . *' 121
liability of endorser where endorsement was erased by mistake " 122
Kote. given fi>r corresponding misdemeanor, how held . " 122
Endessero^ accepting part of the money . " 122
Where maker removes into another jurisdiction • VoL 127'*-iiit 132
Promissory notes governed by the same rules as bills * VoL L 123
Protest dtt bill) good evidence of non-acceptanse or non-payas^it . '* 12% 123 Decisions in the supreme court of the United States as to . Vol. L 123—135
Notiee to endorseKof-n(^to for aocommodation of maker . . Vol. i« 124
Assignment to payee by.bill . . • ** 125
Second day of giace&lling on Saturday makes it the last di^ . " 125
Howdays of grace are uniformly regulated • "129
Failure of bank to viake demand of payment . . . ". 129
Bill against shipments made to drawee * ''ISO
Bill drawn by one partner in name of firm .^ • . •* 131 General rule as to what .amounts to due diligence in holdes» of Vol, i 131,^133
General pjinfipl* as to duty ofholder to charge endorser . VoL i 133
Endorsement in blank on note authorizes filling it up . . " 134
What is a. foreign bill . • • "134 As to giving note for preexisting debt, discharging original cause
action ,••••• 134
How party to note jnay waive notice . "135
Vendor's lien who seUs for note in case of bankniptcy . . "135,136
Notes deposited in bank for collection, how considered . " 136 As to admitting evidence of a promise to pay interest if no mention
ofit is made in note . . • . . " 136
Signature.tp note proved by report of exports . . " 136
Maker of note may be witness in suit between endorser and endorsee *• 1 36
As to protest of bill proving itself . . . . " 136 Presumption if a iian put his name on the back of note not nego-
liable .... . » 137
BoUer of negotiable note endorsed in blitnk may lue thenon . " l^i
BILLS OF EXCHANGE (COitTlffVZD), 63
Bills OF ExoHAif OB — Indiefment for ibiipLag • . YoLlAJSO On &iluie of debtor, his note may be put in suit though not yet pay- able . . ' . . . ** 137 Bank neglecting to present bill in due time . . ** 138 Suit brought on not^ not negotiable in name of payee £>r use of
transferee . . • " 138
llaker of note may prove its execution . . . ** 138
Payment to a person who has not at the time a. possession of note . ** 189
When must notice of non-payment be given , <* 139
As to note payable in specie property, as sugar, being negotiable . ^ 140
'What drawer m«8t prove to maintain action against acc^ter . <* 140
Creditor giving receipt for note . . . • " 141
Wheie "demand to be made if maJcer cannot be found . " . 141 In description of note in pleadings an enor in the fractional piut is
fetal . " 141
As to dndorser making payee a party . . "141
Endorsement in blank makes the note payable to bearej . . * 143 As to bank contesting right of person lodging note with them for
collection . -. . . ^ . ** 142
liability of surety on note . • , . ^ 143
Endorser must allow any equitable defence to maker « , ** 143
Note made in another state, by what laws governed . . " 143 As to accepter's right to go into consideration between drawer apd
drawee . . ** 143
Possession of note primA facie evidence of title to it . ^ 143
When note received for precedent debt operates a novation . ** 144 As to admitting parol evidence of payment of note without produo-
ing . , , , « 144
As to attorney in feet striking out endorsement . . " 144
As to wife being bound by note executed jointly with husband •■ ** 144
Endorser of note pleading the general issue . " 144
EodoTser of accommodation note, how considered . ** 145
Action by endorsee against aceepter . '* 349
Eflfect of an assignment of, by foreign executor in a foroign country ** 393
Drawing, endorsing or accepting bill in fictitious name . . ** 396
Maker uttering it as the note of another, of what guilty ** 397 Liability of infent on a bill drawn before and accepted after he waa
ofage . . " 463 Injunction to restrain the endorsement or i^gotiation of . VoL i. 464«^ii» 338
Jurisdiction of circuit court as to . , VoL ii. 45
Mortgage of joint property to indemnify drawers of . . ** 114 BiU accepted on the feith of a promise that mortgage shall be given
as security . . . ** 173
Agreement by partners that neither shall draw or accept bills . ** 313
Bill addressed to firm but accepted by one partner in his own name ** 359
Bill drawn upon firm by one partner for partnership account ** 359
KU drewn by one partner for separate debt . ** 259 iVote given by one partner as security lor moiety of debt due from
partnership . • , *< 361'
84
BILLS or EXCHANGE (CONTINUED).
Bills of EzcHA^ox^-Note given for Valance of account
Notes offered at bank for discount by partner entrusted wifa busi- ness of partnership .
When endorsement of bill by one partner though not in name of firm, will bind it .
Joint and several note will not bind severally such partners as do not sign it
Bill accepted by bankrupt partner after bankruptcy .
Assent of fiim to note or bill in name of firm for aepamte debt of one partner
Bill' accepted by new firm in respect to contract made by old firm
Bill endorsed from one house to another where the two have com- mon partner
Bin fiaudulently made or accepted by one partner in name of the others .....
Effect of giving note for an antecedent debt
When note given on account of prior de]bt is and is not payment
Bills diavni by master on owner as security for money advanced
Seamen preferring bill on owner to money
Addition of the word "• surety" to name of one of several signers
Note given for an entire consideration, part of which is legal and part illegal .....
Demand of one of several joint and several promisers sufficient to charge endorser .....
Note given by husband to wife
Note payable in specific articles .
Protest of domestic bill . •
What a good consideration
Effbct of acceptance of bill after dishonor
Post office ipsik not conclusive .
Rule as to alU ration of .
Acceptance of bill by receipt of bill of lading
To whom notice to be sent in case endorser dies before of note ....
Waiver of demand on maker how established
When parol evidence is admissible to prove waiver of demand
Demand on maker to charge endorser
Sale of note at greater discount than legal interest ^
Authority of one partner to endorse, after dissolution
Where drawee has no effects of drawer
Promise by letter to accept bills ....
Not necessary to set out middle name in declaration on •
As to the necessity to set out words ^ value received" in declaration
Parol agreement between endorser and endorsee to give time to maker ......
Pkrol evidence to prove time of adding memorandum to note
When non-joinder of secret partner no bar to recovery by endorser
Note described to have been made by four and two only are sued
Assignment endorsed on note
. Vol. maturity
Vol. ui. 135
" iL360
<" 360
"360,361 " 365
« 381
M 421
« 433
*" 465 << 465 « 610 «* 647 « iu. 131
« 131
« 133
« 133
« 133
« 134
« 134
*« 135
« 13^
« 143 iu. 160--164
VoLiU.297
« 286
« 206
« 296
« 296
« 290
« 302
*« 326
" i. 39S
•* 293
« 378 « 370 « iiL 16 17 « 60
BILLS OF EXCHANGE (CONTINUED).
85
BiLL3 oi ExcBAN OE— As to iiotes beltig exempt from attachment YoLiii. 75
When mdelntatus atnm^pttt lies hj assignee against assignor of "^ 67
Collection of note confided to agent . . . " 106
Note given as a fee to solicitor in equi^ . . . ** 106
Indictment for feloniou«ly uttering forged promissory note YoL iii. 150, 168
Note endorsed for the benefit of, and mortgage given by maker Yol. iii. 2218
When promissory note of debtor considered as payment . ** 331
|
^ ACCXPTANCX. |
|
|
Of bUl of isxchange, what is |
YoLL 71 |
|
May be either Terbal or written |
. " 71 |
|
What will amount to . |
. YoL L 73, 73, 134--iu. 836 |
|
Bill at sight, when to be presented for |
. YoLL 73 |
|
Of bill, by attorney without authority |
19 |
|
By parol authority |
. " 30 |
|
Duty of agent to procure |
YoLL30,56 |
|
Agent to protest for non |
• YoLL 30 |
|
By foctor upon faith of consignments |
49 |
|
Supra protest . • • |
YoLL 68, 76, 130 |
|
Delivery of bill for . . • |
YoLL 69 |
|
Promise to accept foreign bill |
YoLL 73, 134 |
|
Of bill, by one of two joint traders |
. YoLL 73 |
|
CoUatend or parol |
. ^« 73 |
|
Force of agreement to accept |
• YoLL74r-4iL3S6 |
|
When accepter dies before payment • |
. YoLL 74 |
|
Without delivery |
74 |
|
DiMharge of accepter ... |
. « 74 |
|
Conditional . . • • |
« 74 |
|
Yaiying terms of bill . • • |
* " 75 |
|
French law on presentment for . |
- 75 |
|
What will excuse delay in piesenttoent for |
. - 75 |
|
Time allowed for, after presentment |
75 |
|
Rules of acconmiodation paper |
YoLL 76, 349 |
|
When drawee cannot be found . |
VpLL 76 |
|
When drawee is dead |
«* 76 |
|
Accepter supn protest . |
« 77 |
|
Mode of, in New Tork . • |
. « 77 |
|
If drawee destroy the bill |
« 77 |
|
Alteration of bill by drawee • » |
« 77 |
|
On paper other than the bill* • • |
« 77 |
|
For part only |
« 78 |
|
After time of payment . |
« 78 |
|
Of biU refused |
YoLL 78, 91, 92, 139, 130 |
|
By agent / . |
VoLi 78,80 |
|
Agreement by drawee to accept bil.s of correspond |
ent . . Yol. L 79 |
|
Drawee not bound to accept |
« 79 |
|
Accepter bound on forged bill |
YoLL 79, 103, 103 |
|
Neglect of agent to present bill for |
YoLL80,87 |
|
By whom, demanded before protest |
. YoLL 89 |
86
BILLS OF EXCHANGE (CONTINUED).
Bills of £xcHAitox — What a reasonable notice Protest for non, where and by whom made Of bill drawn at so many days after sig^t Drawer entitled to notice of non •
Notice of non, effect of upon endorser By one of several drawees . . •
Averment in declaration for non . • •
When promise considered as an . •
Bill after date when presented for Presentment for, in absence of drawee •
By one partner in name of firm • Drawee's right to refuse
Of bill by letter ....
liability of accepter
Accepter bound to know kand-vrriting of drawer Conditions of .... Of bill on promise of mortgage as security Accepted bill by one .partner to another Acknowledgment of right by One of several is bound by, of the others By one of a firm binds all . . .
By bankrupt partner . / .
Joint • • • . •
Afber dissolation in name of firm Demand on accepter necessary to chaige the eiftdoiser Bights of the acceptet Recovery against accepter on lost bUl Accepter's liability to endorser Bill pa^ble to a fictitious person Wken action will lie against a^ccipter .^ VoLL
Waiver of notice .... Relation of accepter to holder . . * •
Ptoof necessary to bind aecepter Kfl^t oi^ after dishonor . •
A check roquiros no
VoL L 99
VoLi.a9,91
« 103
« 103
« 118
« 122
« 123
. " 124
« 122
. « 122
« 131
« 132
« 133
ToL-i 81,88, 135
. • Vol i. 136
. « 145
* U.173 . «* 331
« 331
. « 3ff7
VoL ii. 358, 352
VoL 11365,378, 372,380
VoL iL 384
328
« L 88
« 82
VoL 1 99, 103
. VoL L 104
« 100
114,117,124,127,133,342
. VoL i 128
* 135 « 140 '* iiL 135 « 290
PEOTBiT AXD irOTIOX.
By whom protest to Se made . • . . VoL i. 21
Reasonable notice, what is . • • . ''22
Legal form of notice . . . . . " 22
Inquiry after maker's residence • . . . ** 93
Reasonable diUgence in giving notice . ** 98
As to endorser on accommodation note, being entitled to notice <* 03
What will and will not excuse want of notice . . ' • * 94
Mistake as to date of note wlQ not vitiate notice . "95
Notice by post . . • . • ** 95
Notice must conform to usage of banks . ''98
Notice proved by cleik's book • . • " 97
When endorser not entitled to notice . . , « gj
BILLS or INDICTMENT — BILI 3 OF FORECLOSURE — BILLS OF LADINO. 87
BaM 6r 'ExcwAHQE — Notice in eiLse of guarantee .
What sufficient notice .....
BILLS OF INDICTMENT. Bills of Ihdiotmbnt— 'What number of grand juiy mutt agree in order to find ....
For what reason, said to be an accusation . As to grand jury finding, specially for 'part > When, may be amended • *• • •
BILLS OF FORECLOSURE.
BittiS OF FoKxcLOBvsa— Pawnee*! right to file
Junior incumbrancer known to senior mortgagee ihould be made party to . . . . .
When, will lie in circuit court
As to costs of, being lien on mortgaged property •
Procuiing'dectee fi)r in chancery
Rule as to who must be parties to .
How second mortgagee may file .
Incumbrancer pendmte Htt need not be party to .
How junior mortgagee as party to^ will be baned
By assignee without making mortgagee a party •
In whose name, to be brought
Filed for the interest due, though principal not yet payable
For the equity of redemption
^ftgagee seeking to collect money out of property instead of re- sorting to .....
Mortgagee confined to remedy on mortgage
Real estate can never be sold under mortgage without •
By first mortgager to seU competent part .
Directions in interlocutoiy decree relative to sales of lend, when premature .....
Rule where subsequent mortgagee brings .
When there is no necessity for bringing . '
Rule in equity as to the time allowed defendant for ledempiiM in ease of .
brought subject to atte^chment ....
BILLS OF LADING. BaLSQFLADiiici— What are . .
Who may pass legal title to goods by endorsement oii Containing an order to insure ibster avoiding hii responsibility by Primage and average mentioned in, what meant b^ Presuinption when owner has no fiule as to negotiability of . As to consignee'pledging by endorsing Master's rdation to freight by signing ^w, differ firom charter-^artf . • •
What, ou|^t to eiqpi^FS • ;
Tol. i. 97 " iiLlM
Vol. i.
|
tt |
457 |
|
« |
4S» |
|
. V6L |
ii.229 |
|
e |
05 |
|
tt |
47 |
|
•• |
113 |
|
tt |
197 |
|
tt |
196 |
|
u |
199 |
|
tt |
199 |
|
tt |
199 |
|
. « |
200 |
|
« |
200 |
|
tt |
201 |
|
tt |
doi |
|
tt |
201 |
|
••201,202 |
|
|
, <<202,208 |
|
|
« |
205 |
|
1 tt |
205 |
|
tt |
205 |
|
tt |
215 |
•* iil 77
. Vol. iL 660 « 1147 ". 39 ? 353 f 55ft « 5OT VoLil.226^668 To) iL226 « 612 « 661 •* 661
88 BILLS OF SALE — BLANKS^— BLOCKADE.
Bills of Ladir « — How many, axe usually taken • VoL u. M^
Effect given to, by the commercial law . . <* 661
Made to Older or bearar .... '^ 675
Captain's duty to procttio . ** 629
BILLS OF SALE.
Bills OF S ALB —Requirements to .... Vol. L 147
When sufficient to make possession follow the right " 235
Effect of agreement, that possession is not to follow • . *< 256
Extrinsic eyidence to show the object and design of . *^ 269'
When assignment termed as • . « 414
When may be converted into a mortgage by parol agreement . ** ii« 173
Axe the usual instruments for transfer of ships • ■^ 983
Are the true and proper muniments of title to ship - . . *< 583
Registiy act requires some instrument in the nature of . . * 583, 587
Eng^sh and American cases as to assignments of . *< 584 Of the hull of vessel with all and singular her tackle, what it in*
eludes ...... **584,585
Something in the nature of, is i^equired in every case of sale or trsmdsr ** 587
Captain's duty to procure before time of sailing . - • . ** 626
When absolute, of vessel but .a mortgage . • ** iiL 239 Agoodand valid conveyance of a vessel ..." 373
BLANKS, ENDORSEMENT IN.
Blakks, EivnoBsxMBifT IN — By pftyee of bill . » VoL L 88 Gives right of action to holder of note . Vol. L 137, 138
Possession of negotiable paper endorsed in blank, how regarded VoL i. 84 Holder of negotiable paper by, may obtain suit VTithput filling up
same to himself ..... <* 107, 146 As to endorsee of lost bill endorsed in blank, recovering against ac- cepter . . ** 109 Parol evidence to show that guarantor signed his name in blank . ^ 113 Note endorsed in blank by payee fraudulently taken from owner « 115 On promissoiy note, what authority it gives . . ** 134 Mskes note payable to bearer ....** 143 Bond executed in blank with parol authority to agent to fill up *' 140 Power to fill up blank check is personal • ** 137 Action by firm on bill endorsed to them in blank . ** xL 436
BLOCKADE.
Blookadx— Treaty of Great Britain in regard to . . . VoL L 196
Notice ot, requisite ... . * 156
Vessel sailing ignorantly into blockaded port, not liable to capture . ** 156
Declaration of a resolution to break • . ** 156
What vessels shall not be detained at blockaded port • • '^ 156
Evidenee of the eziitence of . • . " 373
Attempt to enter blockaded port . . • "500
Judgment for breaking . • • • " 513
Attempt to commit breach of • • • "516
Direct breach and violation of • • • ^ 517
BOND.
89
BL0OKA]>B^Sentenee of condemnatioa upon the ground of bmcli of Arrest and detention as in the case of . Master may retain goods in case of^ after voyage has actually com- menced ......
Non-anival in port by reason of .
BOND. BoaiH-lVhat is a bond . . . • .
What three things essential to . . .
What, usually contains ....
Seal to, primA faeU evidence of consideiatioB . Conditioned to do an illegal act .... (xiven on a usurious or gaming consideration •
By what persons, to be executed to be good Executed under duress, threats, or improper restraintt . When payable if no time c^pajrment is specified To whom payable if no person is mentioned Fkom what time, takes effect .... By what may be dischaiged .... Sum speciiled in condition of, how considered Fraudulent representations to induce obligor to execute . Executed in blank as to material part As to discharge of, by parol agreement - .
Performance of condition of, prevented by obligee . As to charging person by, though signed and sealed without delivery Efibct of interlineations in Of indemnity against an illegal act
Neither pxincipal nor surety are liable beyond the penalty of . Taken by sheriff or other officers as a reward, is void Against whom obligee may proceed upon joint and several I( joint and several, release of one obligor discharges the rest C6venant not to sue one of several obligors in Action on administration . . ; •
Covenant on, with collateral condition Co-obligor in joint and several, how considered In action of debt on, how judgment discharged ' T^ng in execution the body of one of two joint obligors, no satis- faction . . . • • Tearingoffseal, effect of .... lo pleading performance of; what defendant must set forth How diffisrs from recognizance .... By collector for official conduct Note given to sheriff in lieu of . . Decisions in courts of the TT. States as to validity of bottomry Money advanced under stipulation for bottomry What creditM" must show to make bond a valid hypothecation of ship Bottomry, for mixed demands .... Suit on bottomry bond . . . . • Bottomry, may be good in part and bad in pait 12
Vol L SiS « 539
" ii.66» « 687
Vol. i. 147
« 148
« 148
** 148
« 148
« 148
*« 148
« 148
«« 148
«« 148
« 148
« 148
« 148
« 149
« 149
« 149
•• 149
*♦ 149
« 149
« 149
« 149
« 150
« 150
« 150
«» 150
« 150
« 150
« 150
« 151
« 151
« 151
« 1ft
« 151
« 16
« 110
« 158 159 «158,153
« 15Q
« 158
« 154
90 BOND (cONTINCED)
BoKi>-* Appeal, fiabilitj of appellant Vol. I. IM
Of an idiot or lunatic .....* 205 Am to enlax^g time of perfonning condition of . ** V\%
Parol agreement by grantee to give bond . . . ** S3S
Given by a man to woman living in adultery with bim . ** |8S1
For tbe sale of the deputation of an office ..." 392 Illegal consideration in condition of . . • . " 315
Obtained b]r duress .... " 3^5
Given by administratrix . . . * ^ 38SI
Joint and several, by executors ....** 384 Statutory, by executors . . . '' 389
For future illicit intercourse ..." 406
Marriage brocages . . . ^ 412
To obligee' for assisting obligor in ar elopement without consent
t>f friends- ..... Vol. L 412, 413
Condition ofan indemnity, how maybe restrained . Vol. 1. 418
Obligor ix> penal, may confess judgment, and resort to equity . ** iL 24
Whenequity will not relieve against judgment on forth-coming ^ 25
Lien not destioyed by taking note or bond . VoL ii. 1 13, 182, 183
Hule as to . . V6L it 118
Debts secured by . . ** 188
Of defeasance to mortgage . . • *< 190
Foreclosure of mortgage given to secure payment of . . " ■ 200
Mortgage deed given to secure ....** 201 Forfeited ibr the non-payment of interest . . ** 204
When to be assigned to mortgagor • • . • ** 209
May be signed and pass without deed . • " 315
Astoextinguishm^ntoftherightof pledge by taking bond . ^ 235
Ilelief in equity for mistakes in . . " 251
Assigneeo^having writ of fie ea»tf against obligor • * 263
When Securities upon nt exeat may order cancellation of . . ** 204
To answerbill and abide by the decree ..." 204 Defective appeal . . . . . "^ 276
Given by ohe partnet . . . . ** 371
Given lo firm . . ** 416
Itule wher^ bond is given in partnership name . . ^ 417
Executed for duties by one of two partners . . • ** 4ggi
Of one partner il not an ettinguishment of partnership debt . ** 460
Action agtlnst sureties on . . , ^ 46$
Plea in discharge or in avoidance of , . • ^ 470
Plea of general wm eit faetmn in action^ on . Vol. ii 477, 478
When nonciamfijl^ahM is 4 proper plea on . V(yLiL480
fttre/ociof 'against s^urities upon appeal bond . . * 501
When master may hypothecate by giving bottomry . . * 003
Agent or consignee lending money on bottomiy bond . . ^ 008
Bottonikfy bond given to pay one, with what must stand or hXl Vol L 162^-iL008 Claims of United Sttftes upon official .... Vol ii 704 Several diitinct bonds with different penaltieft . . ^ 708
Executed by three atfd two only arft sued . . . ^ iiL 10
BOOKS OF ACCOUNT BOTTOMRT 91
BoiiJ>-^Misnomer in actions on . . .
Assignment of; for reeonvejrance Suit on usignad, in whose n&me to be biought Blank endorsement of, what right it gives holder What assignee of; takes it subject to For less snm than the debt on process of attachment Necessary for attachment to issue Action of debt on replevy Plaintiff in attachment fiiiling to give Safety to» removing from the coontiy Defective attachment . . . .
ToL ill. 19
« 60
« 61
« 62
« 66
« 78
* 89,92
« 90
« 9l,li5S
« 9S
« 97
As to attorney's right to receive bond from debtor ** 101
As to auliMirity of attorney to execute appeal, in client's name ' lOd
Suit by distributee on administration .'*' . . ^ 115
Jurisdiction of chancery, in case of lost bond ** 120
Attachment bond signed by agent .. ** 136
Destruction o^ without authority ... * 137
Acceptance of; of an executor by legatee . . ** 1IS6
Escape of debtor from limits of jail is a breach of . • ** 204
When, will be presumed paid . . V:i. iii. 212— 214
liability of surety in an official .... Tot. iiL 231 Obligee of, fraudulently procuring signature of an attes^ng witness " 258
How bail bonds to bo delivered . . . . ^ 285
Want of seal to bail bond ... . * 285
Ifistskes made by obligor rectified in court of equity ** 421
Parol agreement to rescind . . ** 423
Commercial letters not to be construed on same principles as ** 430
When recorder of deeds becomes liable on his bond " 434
Sureties on, are liable for all principal is . . ** 476
BOOKS OF ACCOUNT.
Books of AccotrMT— Of partners . . « . YoLiii.440,441 In pabCc offices ...... YoL L 373
How fiur, cOnsidersd te evidence . . •' * 372
As to fiability of; to attachment Vol. iM. 75^ 87
Exhibit o( by bank tb depositor . ToLiii.294
BOTTOMRT. BenoHBT— Bond to pay former ^iie upon what must stand or fidl ToL L 152— ii. 606
Money advanced under stqndation for, bond • • Vol. 1. 152
What reqniaite to render, bond valid ToL L 152, 153
Bond fl»i mixed demMids .... VoL i 152
IVsdesmen's lien on foreign ship for . . • *^ 152
Li suits on, bond what libellant must prove . - . . ** 153
Master's right to hypothecate . . . *< 153 Bond may be gpod in part and bad in part ToLi. 154— iL 610
Essentia difference between simple loan anA • ToL i. 154
Marine interest necessary to bottomry lodn % • ^ 154
When freight is plediced . ^ 154
^2 BOUNDARIES— BREACH.
BoTTOMJiY — ^Monejr advanced on credit of master YoL i. 154, 155 Captain may borrow money upon, if original vo3rage is broken up Vol. i. 155
In case master has money on board belonging to shippers '* 155
jMaster acting as agent . ** 155
Owner as wsll as master may pledge vessel by . ** 155
Admiralty courts enforcing bottomry bond . ** 155
Marshalling of assets by courts of admiralty in cases of Vol i. 1 55—609, 610
Preference of bottomry bond to any oth«r . . Tol. i. 156
Contracts on, how held . ' « 481
Money raised on, by captain . " 521
Rule where master is unable to raise necessary amount on Yol.L 561 — ii. 601
Alajority in interest compelling co-owners to borrow on . . Vol. ii. 591
As to master hypothecating freight by yoLii.602,603
When master may resort to direct hypothecation . Tol. ii. 603, 604, 607
When master cannot resort to . . yoLii.604^605
Arrest of ship on bond . Vol. ii. 606
As to part owner taking bond finom master . • * 608 Bond by owner to master ....'* 609
Postponed of bottomry bond . . . . ** 609
flow obligee of^ bond may lose his lien • . . ** 609
Failure to enforce an agreement for bottomry bond . . " 609 Bond when will be void ....** 609
Second suit on the same bottomry bond . ' . . " 610
As to necessity of an accurate description of voyage in, bond . ** 611
Bond given by master of ship in enemy's port . . . ^ 611
Bond given on belligerent ship . . ** 611
Bond preferred to every other claim « . ** 611
Bottomry holder discharging wages due the crew . • ''61]
BOUNDARIES.
BouHDAUBS — Rule in the construction oflease as to . VoLii. 1%
Rule respecting known and fixed monuments . Vol. ii 553, 554
Streams or rivers as . . . YoL ii. 552 May be proved by hearsay evidence ..." 555
.Provedby testimony of aged witnesses . • ** 555
Reputation admissible to prove ' . . • • <* 555
What will control where there are two contradictory calls ** iii. 136 •
BREACH.
Brsacb — Of instructions, when agent not chargeable ibr . . Yol. i. 45
Of trust by agents ... • "^ 43 No vindictive damages to be allowed plaintiff in ease of Ixnach of
orders ......<' 55
Of an arbitration bond . . " 60
Discharge of assignee for subsequent • "63 Of an implied warranty . • YoL L 160, 506— iiL 459
Action against carrier Ibr, of duty • • YoL L 176— ii. 499
Of promise to marry • • • • , Y«L i. 938
BRJBACH (continued).
93
VoL
for
Bkbaoh — ^What sufficient to constitute breach of promise to maxry Vol. i. 229
As to defence to action for, of promise to mariy VoL i. 229 — ii. 169
How promise by words may be discbarged before . Abandonment of written executory agreement before Of covenant .
What party alleging, ought to show . Of covenant of seisin, what buyer can only recover back Of the peace, warrant for . Of contract by minor .... Of pronoise of marriage settlement husband's right to sue Of the peace, acts producing What will not amount to, of warranty Of an embargo, condemnation for Of warranty, what must concur to constitute • Of warranty of neutrality •
Attempt to commit breach of blockade Of duty* by master of vessel Of contract by master not barratry * Of the condition of a bond Of an act of congress, seizure of ship Cat How statute runs, in case of breach of duty Of an implied contract
Action for bieach of promise to marry by infimt Of bond for payment of money Of conditions of mortgage Ignorance of law furnishes no excuse for Of covenants of partnenhip . . •
Of stipulations of partnenhip ^
Of an agreement by one of several partners Of re venue laws .... Of duty to authorise dissolution Payment into court where breach is assigned , Defendant admitting .... Defendant may plead dischaxge before Dnliquidated damages arising ftom breach of covenant Sheriff's liability for breach, of contract made by deputy Liability of under sheriff for breach of duty Of contract, deviations from accident do not amount to Where guilty of
Arrests on Sunday for breach of the peiice By administrator ....
Of contract for the purchase of land . What must govern jury in estimating damages for Uorgagee suffering mortgagor to remain in possession alter Of an agreement to refer to arbitration Of condition of a recognizance How judges may be guilty of . Authority of congress to punish for breach of privilege • Assete acquired by breach of trust
Vol.iL
Vol, i. 235
. " 268
284— u. 208, 313
. VoL i. 285
« 311
VoL L 439— ii. 582
Vol. i. 453
« 454
»* 458
" 492
«* 504
. « 509
"510,519
VoL i. 516—515
VoL i. 541
542
VoL iL 24, 199
VoLii. 61
« 121
« 122:
« 164
" le©*
215, 237, 23»
VoL ii. 241
« 328^
** 330
" 395^
* 368 « 407
'« 474
« 480-
•• 484
* 571 « 580^ « 581 « 633 « 713 « iii. 40 « 115. « 140 « 141 « 213 •« 264 ' 276 « 310 «• 32i> " 344.
t)4
BREAKING — BROKER — BY-LAWB — CANCELLATION.
BREAKING BuEAKiNO — Priion and escaping
What, sufficient to constitute burglary
The house of another to effect an escape
By pulling down sash of window
WiUi felonious intent
When, not burglary
Avexment in indictment for
Co constitute the first, second, or third degree of boiglary
What constitutes
What words to be used in indictments for
Committed by several, joint indictment against all
When indictment for, may be quashed
With violence . . . .
Breaking' to commit
What sufficient to constitute
Hqw, may he committed
Not every entrance into a house will constitute
As to place where, may be committed
As to time when, may be committed
What must be averred inandictment for
Proof necessary to convict for the crime of
Degrees of; in New York
Definition of different degrees
Punishment, for
Proof, of, on trial for larceny does not entitle griapnei! tp.aa
BROKER
QsossB^How factor distinguished from . YaLI. 33
DistinctipBs between chaiaQteroffibctor and that of ** 29
Employed to effect policy . ** , 29
Limited to too small premi^ « • . ** 44
Lien of an insurance . . . . , ** 51
Consider^ as agent for both parties . . . ^ 203
Misrepresentations by, aftotiiae of shtp'tniling **491,492
Instructipns to, inseitBdiit policy . . ** 499
Toitiously pledging goods on which he has lien . '^ ii. 114
Money 1^ in handset for the piuehase of paitieniaretoek ^ 713
BY-LAWS.
Bt-Laws— Of banks, generally to be complied with by dealers , VoLiij. 293
Right of corporations to enact . Tol. i. 276, 277
May be presumed ..... VoL L 397
CANCELLATION.
€4i»CKLi,ATioii--Of note, by rescinding contract for which it vras given Vol i. 115, 116 Wh^t not sufficient to discharge endorser on bill . ** 122
Of^n4>bligation by tearing off the seal . ** 151
. VoLiiL231
Vol. iii. 303-^^05
. Vol. Ui. 303
« 304
*' 304
"306,307
" 307
« 308
Vol. iii. 303—306
VoL L 456
« 4St
VoL i. 460-4ii, 307
. Vol. iii. 136, 137
. Vol. iii^303
« 303
« 304
« 305
« 305
Vol. iii. 306, 307, 308
Vol. L 460,— 4ii. 307
Vol. iii 307
« 307,308
"308
•* 308
acqjoit^ "^ 307
CAPACITY— CAPTAXK8 OP VBSSfiLS — CAPTORB.
95
C^sosLLATioii — Qfde^ Vy couTt of equity • YotLM Of d«ed will not direst property once vested by tnuumutatum of
poeeeuion . ** 807
As to saneiMering lease for years by mere cancellation of indentvie ** ii 73
When obligor is entitled to have bond and mortgage cancelled . ** 203
Of wills and testaments . . ■'737
CAPACITY.
CArAciTT — ^What constitutes a testamentary . Vol. iii. 187, 13d Persons disqualified firom acting in their own, may be agents * Vol. i. 35 Of married woman to contract so as to sue and be sued **208^2M)0 Of corporations ..... Vol. i 272, 275, 276 As to administrators or executors stating in what, they act VoL i 200 Of testator presumed until the contrary is shown • ** 310 Oftestator,to what time must be confined . ** 384 Of infants at what age sufficient to be guilty of felony . *^ i41 Kecessaiy, to take legacy . . " iL 74 Of husband and wiib, general incidents of law as to . . ** ISO Of wife very distinct from that of the husband . . *' 151, 152 Of wife how afiected by new domicil . . ** 152^ 154 Kule as to, of parties to rescind marriage articles after marriage " 157 Similarityof, to contract of pledge . . . <* 220 Penonal ehamcter and, of master of vessel • Vol. iL 507, 615, 617 Representative, of wife whose husband hM been bamshed VoL ii, 710 When civil, of aHens is suspended . . ** iii, 30 Communications made an attorney in his professional . ** 100 ^ <Nd age, failure of memory, and even drunkenness, do not of them- selves take away testator's • • " 137
CAPTAINS OF VESSELS.
Captaihs or VbssAls — Rights, duties, and obligations of Vol. ii. 505 — 500 Geneial rule as to necessary qualifications of Vol. ii. 505 506
CAPTURE. Caftvee — Duty of master in case of • VoLii. 685^686
Vefsel ignorantly sailing into blockaded port not liable to < • VoL i. 156
Probable cause sufficient justification for . . . ** 336
When under^jdter not discharged by warranty against . • ** 504
An attempt to commit breach of blockade sufficient cause for **' 516
As to expenses consequent upon . • . ** 522
Effect of^ upon policy of fire insurance . . « ** 527
liability of underwriters in case of . . • " 528
Every species of, is a loss within policy* . . • ** 528
In what cases loss of propeity ascribed to . . " 520
liabi^ty of insurer if voyage be broken up through fear of • "* 532
Of neutral vessel as prize by belligerent armed vessel . . ** 54J
By one belligerent fin>m another, what constitutes • • " 543
Gives rig^t to abandon .... . . "546^54
Rule on the subject of wages and provisions in case of detention
by hostile ... . . ** 568
96 CAEGO CARftlEHS
Caftitss— Jurisdiction of the Admiralty as prize co\irt, extends to all kinds of ToL ii. flt
Unjustifiable conversion of captured property, by captors . **. 08
I From an enemy in time of war, ownership acquired by . ** SB3
How freight is held in case of . .. . " 669
Rule fbr payment of fieight when captured goods hare been saved ** ^4
CARGO.
Caboo— What comprehended under the term • • YoLi. 472,473
Acts of consignee in respect to, bind consignor . • ToL L 40
Carrier's lien on, for freight . • . " 47
Consignee bound to advance (reight due on . . ** 103
Master may pledge vessel to purchase • • * 105
Master to use proper diligence in rescuing, in case of accident ** 107
Freighter covenanting to load, liable on contract eVen if prevented
by prevalence of the plague ..." 261
Liability of insurer in case, is shifted £com one vessel to another " 460
Policy omitting to specify or designate nature or species of . ** 471
Rule where charges are incurred on outward voyage on acconat of
homeward bound • " 485
Effect of taking on more, or different kinds than anthoriied by policy ** 030 As to power of master to sell in foreign port • . *' 040
Mate selling part of| in absence of master for purpose of paying
salvage . , . ' « 070
When master may and may not sell or hypothecate YoL i. 070— u. 601, 602 Rule for valuation of, in adjusting general average loss . Yol. i. 073, 074
When master appointed consignee of ' . . . YoL ii. 617
As to duty of master to tranship " » ' "623,624
Master bound to sail as soon as weather and tide will pemit after
cargo is on board . . ** 620^
CARRIERS.
Cabiusm— Who legally considered as . . Vol. L 156, 157, 1^8:
When forwarding merchant not chaigeable as « 1S7, isd^ 160-
Private persons carrjring for hii^ as a casual occupation not respon-
Bible as . . YolAlOT
Coach and railroad proprietors considered as . ** 157, 170^
Owners of vessels on inland rivers, how considered * • YoL i. 107— iiL 120^ Ferryman liable as . . . . « iS7
When coachman considered as . " 107
How owners and masters of ships considered « 198
Owners and masters of steamboats engaged in transportation of
goods for hire considered as YoL i. 108— iii 128
Batge owneiv and ferrymen are . YoL L 158
Owners of steamlx^ts who undertake to tow fyt hire, how hi liable " 158 English law relative to '. . "100
As to postmasters being considered as . « l^g.
Common law rule relative to . ** 100, 160*
Sheriffs and jailers in respect to debtors in custody axe placed under
same responsibility as . , . , YoLi. 160i
CARRIERS (continued.) 97
CABtiKBS— Delivery hy, m<eit goods in consignee VoL i. 178
Cannot dispute title of party who delivers goods to him . ** 179
As to selling goods entrusted to, investing any title in purchaser ** 170
Owner of his property in the bailment • . *• 179 As to any act of, divesting the general owner of his property in the
bailment . . . . « 179 When, absolved from consequence of loss not occasioned by negli- gence . *< 183 May demand premium proportionate to hazard of employment ** 183 Notice by, and efibct thereof . YoL i. 183 — 185 "What requisite to make notice available to . Vol. i. 183, 184 ££RMt of notice limiting responsibility of; hung or nailed up in oiBce " 184 Notice that all ** baggage at the risk of owner^ how applicable ** 184 When notice is of no avail ** 184 Notice published by, in a newspaper not sufficient ** 184 Giving two notices, by which bound *^ 185 Notice to be published to the world and not to admit of ambiguity *^ 185 Notice known by principal binds him and all agents sending by the
same . . ... '^ 185
Goods delivered by vender to, while under age . . ** 463
Pilot answerable as strictly as if he wer» carrier « . ** ii 651
When duties of, conmience • • " 664
Action by consignee against, for loss . • . " iii. 300
Common law rule as to duties and liabilities of • • " i. 160
What, generally undertake ..... "160,161
liability of; in case of embezzlement . • • ** 161
Requisites to make responsible . • . ** 161
Liability in case of transporting goods by canal . . '* 161
Wrongful delivery by, how treated . . *• 161
Sending goods by different conveyance from that implied . ** 161
How notice by, may be waived . . ** 161
liability of; if stalled in a ford the bridge beiikg impassable . ^ 161
How, exonerated if goods are thrown overboard . • ** 169
Liability where goods are received into "^arehouie of ** 163
¥rhen inn-keeper liable as . . ' . . "163
When liability of; begins . . . « 163 As to liecessity of specific sum being agreed upon ft»r hire to
charge person as . . . . " 163
Liability of, for acts of strangers . . "163 Master of vessel employed to carry goods beyond the tea answera*
bleas . . . "163,163
Liability ot, in die coasting trade from port to port . . " 163
No distinctions between land sad water . • . . " 163
Equally liable for acts >f servants or agents as their own • " 163
As to party sending goods by, being bound to disclose value " 164 Making no inquiry as to contents ..." 164 Liable though ignorant of contents • Vol. i. 164 — iiL309
Whatwill^xcuse, for refusing to take charge of goods . YoL L 164
As to liability of; for loss in case of deviation • " 165 13
118 'CARRIERS (continued).
CU&ii>B8 — In particular CM^i for what answenble . VoL L400
How far^, conaidered.liable in case of loss by fire . ** 165 Law presumes against, in case of loss ..." 166 Cannot be exonerated by public notice from consequence of gross
negleiot . . . « . . ' 166
As to special agreement exonerating . ** 166
Responsibility 0^ limited by special acceptance . . ^^166,167
As to usage or customs varying liability of . . ** 167 Law regulatiqg usi^ionaibility ot, how applies to canying of ne-
gifes ..... VoL i. 167— ii. 666
Bound to deliver each passenger his bagga^ • YoLLl67
Liability Air mfosing to carry . . » *^ 168
Destruction by &De will not dischai^ . " 167
'When delivery to, must be accompanied with notice . . "• 168
Pvoof of usage in delivering goods will not exempt, from liabili^ ** 168
liability for loss occasioned by defect in vehicle or machinery . ** 168, 169
To give notice of the arrival of goods . ** 169
Leavinj^goodson wharf by request of consignee . "^ 169 Mumer of delivering goods and the time when responsibility o(
ceases, upon what depends . . " 170
Wlken responsibility of master, who is also consignee, terminates " 170
How long responsibility of, continues . . ** 171
Fiom what responsibility oi; was taken • . ** 171
.When liability o^ ceases . ** 171 Waiver of notice by express agreement to carry package of «xtia-
ordinary value for comn^on hire . . ** 171
Throwing goods overboard to lighten ship and preserve li& . '* 171, 172 « Perils of the sea," ** Act of God," what they import . Vol L 178-^175
Not liable for loss by storm .... VoL L 173
Usage or custom yaiying liability of; may be proved • ** 173
Laahility o^ where vessel strikes rock not generally known . ^ 173
What, may show in de&ttce ** 174
What aw losses by the "act of God" . . « 174
- How loss occasioned hy sudden change of wind considered " 174
What understood by king's enemies in regard to • *' 174 Meaning of the words "dangers of the river only excepted" in bill ofMiqg ....*• When duties ofj commence . . « . Rule relative to responsibility of .... What neoeicwgr to «haige a person as When delivery is. complete on change of goods between . Attempting to perform conUact in diffiuent manner from ihat under- taken . . • . •
CrOAOB vaOFSIXTOBS.
Liability of, as earrien • ••
Drivers carrying packages of money
Bound to provide competent vehicles and driven •
Answerable for the smaUett negligence
Bound not to overload ....
|
u |
175 |
|
« ii |
664 |
|
u |
666 |
|
" iii |
.138 |
|
tt |
139 |
|
a |
139 |
|
Voli |
179 |
|
u |
180 |
|
tt |
180 |
|
« |
180 |
|
• |
181 |
CASHIER— CASUALTIfiS-^CEBTIPICATE. 99
CiXBins^To atop at nsTial places for xefnahment . . Vol i 181
Responsible for baggage .... **18;|182
Bo not warrant the safety of passengers in the chazacter.of . ** 181
Are not responsible for mere accidents . '181,183
-liabilitj for injury to passengets through negligence . . ^ 182
As to restricting liability by general notice « • ** 183
No distinction between mail and other coaches as to liability . " 183
How waggoner is held for loss by accidents on the road ^ *' 183
Notice that all baggage is at the risk of owners, how applicable . " 184
As to limiting liability by notice . . . '* iii. 139
ftlOSTSOr OAS&ISBS.
Bight to reimbuvKOMiit ..... ToLi. 177
lien for passage mooey .... ■'.177,178
May leiuae to receive goods until freight is paid . ** 178
DeMvery.of; invests goods in consignee . . . . ** ' 178
Cumot dispute title of party who delivers goods to him . * 179
Selling gocNls entrusted to him vests no title in purchaser . ** 179 As to any act of, divesting general owner of property in the, bailment ** 179
RBMBOIES AOATNST CA&RIXBS.
What action lies a^inst, for loaiug gQod« entmattd to them • YoL i. 1 75
Action against, for opening package . . ^ " 176
•For .taking goods away privately • • . • * 178
Action against for refusing to carry • . . ** . 176
Forlossbyneg^gence . • ^ - • " 176
Trover against for non-delivery oCgoods . • . " : 176.
Case, against, for goods lost by negligence . . • ** 176
Gases of recovery against, without iauh of . • • ** 177
CASHIER.
Qiatinjift— What demand by, sufficient to charge endorser • •' YoL i. 88
Taking check ofthiid persons on note« held by bank . . ^ 166
As to agreement by, binding bank . « . ** 108
Demand o^ sufficient on note payable at bank ~ . . " 116
As to recoYery on bank note if name of, is torn off • • * 135
As to demanding specie on certificate of deposit given by • * 359
'Ofbankingcorporations transferring property in a note . • *^ 96
CASUALTIES.
Casitaltibs— Pledged property perishing by YoL 11.824
As to wagers, bets, or stakes made to depend upon, being lawful ** L 481
Whenincumbent on pawnee to give some evidence of loss by ** ii. 331'
CERTIFICATE.
CuunncATS — Of bankrupt shown to restore competency • . YoL i 355
Of deposit^ payment of, may be demanded in specie • • '^ 359
Ofacknowledgment to a deed or conveyance . • • " 330
Ofconsu! or vice-consul, how received in evidence . • ** 867
Of a|i indictment authorizes the award of a writ c f a^riaa . " 457
W judge ofcourt, judgment amended by . . - " iL 26.
100 CERTIORAKI— CESTUI QUB TRUST— -CHALLENGE-— CHANC£LLOR.
Cbstifxcatk — ^As to lien of accountant on banlmipt*!' • VbL ii. 114
Of citizens! ip or naturalization . . . • ** 260
Of bankruptcy relative to partners . . , . ** 437
Of notary ciast be recoided and attested by two witnestef . ** iii. 133
Of marriage signed by justice of the peace . • ** 215
Of bankruptcy of principal discharges bail . . . ** 277
Of discharge how held by circuit court of United States » . '* 280
Made by recorder of deeds and mortgages . " 434
CERTIORARL
CsftTioBAEi — As to proving a writ of, by parol . . . VoL i. 379
Appellate jurisdiction of supreme court may be exercised by « ** iL 39
May issue finom supreme court to clerk of cireuit court . • " 44 '
In what cases supreme court may issue . . "45
Issued (rom circoit court to district court . . ** 56
"When too late to move for . . * iii. 138
CESTUI QUE TRUST.
CxsTVi QUB TBU ST— Conveyance from trustees to • • YoL L 360
Sale ofpersonal estate of the infiint ... . ** 425
Calling for conveyance and execution of trust . # . " 455
General rule relative to trustee and . • . " ii. 110
May have writ of «e exeat regno against obligor . . " 263
Release from • • ** 387
Action by trustee to recover debt for . . . " 572 Courts of equity will compel legal owner as trustee to pexform in
&vor of \ * . . . • . « 700
Uses or trusts fixed in . . ** 71p Power of trustee over trust property depends upon the character and
situation of. ..... *'7ia,711
As to liability of trustee who was robbed of money belonging to " 714
CHALLENGE. Cfli^LLENOB — To the polls, what will amount lo sufficient ground for Vol. ii 63, 64 How many are allowed prosecuting attorney when several defend- ants are put on trial at same time . Vol iii. 138
CHALLENGE TO THE ARRAY.
CBALijXxax TO Tax Abbat — What meant by . . . VoL ii. 6S
What sufficient to support . . . ** 63
"When will only be allowed . . . . « " iii. 13S
CHANCELLOR. CluivoxLLOB— Certificate of, relative to records and proceedings of court Vol. ii. 13, 33
When application for new trial must be made to Vol ii. 275
Power of; to issue habea$ corpw^ upon what depenis . , " iii. 390
CHANCERY. Chamcxbt — What is chancery or the high court of Rule in court ot, not to be departed from
VoL i. in
' CHANIERY (cONTtNUED). * 101
Chavokkt — General heads c ' lurimliction in courts of . • VoL i. 186
When creditors may write in a bill in . . • *^ 187
Court of, relieving against mistakes in dee^s . • ** 187
. Jurisdiction of court of; in all cases where a discovery is wanting ** 187
Power of; to assist judgment creditor . . . ** 188
Courts o^ have concurrent jurisdiction in caseDf dower . • ** 189
"What will justify an ai)plication to a court of . . ** 189
Court of, aiding party claiming specific performance of contract . ** 190 Bills and answers in ..... Vol 1.190— 195
' As to complainant discontinuing part claimed by his bill . Vol. i. 190 Answer in, ascertaining right affirmatively in opposition to pUintifTs
demands . . . . ** 191
\ On whom the burden lies on appeal in . . • ** 191
Demurrer to bill in, signed by the attorney general . • *^ 191
Bill in, filed against husband and wife ..." 191
How infiints may appear and answer in . - • • ** 191
Attachment for contempt in disobedience of decree of • ^ 192
Plaintiff introducing new matter by an amended bill in • • ** 192
Amendmentofbillin, by adding plaintifib . • ** . 192
What should be stated in supplemental bill in . • • ** 192
Plaintiffamending after special demurrer . • • ** 192
Whenbillofreview will be dismissed . • . ** 193
What does a plea or special replication admit . , • ** 193
Appeal from an interlocutory order of . • • " 193
As to appearance on mere question of costs . , ** 198
Granting appeals from interlocutory decrees in vacation . " 193 Appeal by one of several against whom a decree of judgment U
rendered ** 194 <Bill of review, showing just cause refused by the chancellor . ** t9i Tiieriglitofappealin, to what limited . . ** 19^ Objections to the interest of a witness in court of . . ** 194 Court of, rejecting depositions read in the court below . . " 194 Appellant askin|^ leave to produce other proof . ** 194 Parol testimony heard in the courtbelow ought to appear in the record ** 195 - As to court of, correcting errors apparent . . ' " 195 Wife entitled by survivorship to money due on decree in . » ^ 209 Relief in, on the ground of gross mistakes . . * . " 307 How may decree in court of, be proved . . •* 870 Decisions in, as to receiving parol evidence . . Vol. i. 378, 379 Language of, as to guardian . • VoL L 421 As to court of, interposing and controlling the authority and dis- cretion of the fether . . . . . « 423 General jurisdiction of, over guardian . '* 424 Sale of personal estate of infimt without previous order in . . * 425 Decree in, is equally conclusive as a judgment at law . " iL 24 How a legacy equal to the amount due the testator considered in *< 96 Remedy for the recovery of legacy in . . . « 97 Buit commenced in, by husband for divorce on the ground of adul- tery . ...... 102
102
CHANCERY (CONTINUED).
GuAMcmtLt — Bill of foreclosare in
Appointment of a committee or goaidian by, to defend suits of idic U and lunatics . ' .
In what cases court of, will decree sale against the will of mort^ gor . . .
Older in, made at the second term after filing bill to foreclose
May order pnncipal and interest to be paid when interest only is doe upon fo eclosure .....
Lands decreed to be sold on a bill in . . .
Court o4 will not grant a iecree for sale before the debt is due
Bxtreme haste in progressing to a decree and sale will not be ap- proved by court of .
Power of, to issue writ of ne exeat ....
Issue directed out of| to be tried at law
Bestraining the erection of a nuisance on a public square
May inteipose and control the authority and discretion of £ither
Chancellor refusing to give right to father over children on the ground of incapacity . . . %.
Decree by, on a bill filed by surviving partner
Inaanity of partner sufficient cause for court of, to interfere and dis- solve partnership ....
Lidictment for perjuiy in an answer in .
Role as to setting off unliquidated damages
Dtcisions in court of^ as to redress of part owner for loss of ship sent to sea without his assent .
Court of, will enforce power of /anme covei
Pisa in abatement of writ of error to recover decree on a bill in
Eifect of abatement in, not lilce an abatement at law
What the term accident signifies in, practice .
Cause referred to arbitrator by order of the court of, protects him from arrest .....
Rule in English, as to assignments . . ,
Tmnafer of adecreein ....
Attachment in .....
How gift between husband and wife held in
Belief in, in ease of lost notes or destroyed bonds
Court ofy will not grant relief to defendant who neglects to avail himself of a defence at law . . . .
CoBvejrance of real estate to ward by guardian vrlthout sanction of court of .....
BiU filed in court of, to correct an erroneous description of premises in deed .....
Mt in, instituted for the recovery of money due oi^ ^ojatiiaet
Jurisdiction of, to refetnn marriage settlement .
When couits o( may declare marriage ceremony null ^ind void
Injunction from, to restrain operations of ranks
Generals rule as to courts of law enforcing injunctiont from
I>aed executed by master under decree of foreclosure in
Appointment of guardian by court of .
VoLiL 187
« 133
197 « 200
« 201 « 205 « 205
« 206 « 263 " 275 « 279 Vol. iL 289
« 289
« 395 ** 485 « 571
« 692
716
« iii. 15
24
« 25
« 35
« 45
64
80
"• 132 « 129
<< 145^146
"176,177
<*UB4,195 « 195 f ." 315 '*215»30» « 296 << 309,403 - 346
CHABAOTSR-H^HARITIES— CHAftTER-PARTT— CHARfTER 103
GfeAHOBKT— Remoyalof goaidianbycoHrtof . • . Vol. ill. 389, 300
'What ocoistitateB an ih&nt a wild in "390,391
Fiduciary relation of guardian and ward • .. ''391,393
Jmiidiction of court of, to rectify mistakes Trt. iiL 421— -423
CHARACTER.
Gbabactbk— Rule as to admitting; evidence of, in civil suits . . YoL i. 363
Rule as to admitting evidence ot^ in trials for felony ^ . ** 303
"When evidence of general, is admissible . ** 372
Rule as to admitting evidence of, in actions for criminal conversation ** 374 As to the admissibility o^ in evidence in actions of slander V6l i. 374, 37iV—
ii. 106, 107 As to admitting evidence of^ in actions for rape . V^L i 375 — ^ii. 519
When evidence of, for drunkenness may be admitted . . YoL i. 375
Admission of parol evidence to prove official . . " 875
Of a clergyman proved by parol evidence . . " 376
Of neutral property, by wluit determined . . . ** 500
What necessary to satisfy warranty of ship's national' • • ** 500
Of ship forfeited 'by an attempt to enter blockaded port . ** 509
Of a mortgagor at law, what is . . . '' ii. 207
Children taken from custody of fieither by chajicellor.on account of ** 289 Ofprosecutbr for rape may be impeached . . • ' '< 519
CHARGE OF THE JUDGE TO THE JUBY.
CKirBBs or TBK Juo«K TO THK JvftT — ^A» to granting new trial ivmuh
direction in ..... YoL ii 271
Yeidict set aside if; is erroneous in point of law • ** 273
Not to be in respect to mutters of &ct • .■ . ^ iii. 310
CHARITIES.
dTAEiTiss — Bequest of leasehold property on eoaditieii to assign part to YoL ii. 80 Legacy.given forchaiitable purposes . . ** 90
CHARTER
GiABTXA—Coiporatidns dissolved by forfeiture of . * . YoL i 289
What length of time will support a presumption of . ** 357
Of corporations, how must be proved . ' • • * 371
Corporations transcending ..«•** ii. 279
Monopoly cannot be implied firom tbpmere.giaat of . . " iii. 217
Of banks, how 'forfeited . . YoL iiL 294— 290
Bank commencing operations contrary to, does not absolve debtor
fiom obligati(m to pay . ** 296
CHARTER-PARTY.
OsABTXA-PABTT— What is ... • YoLiL653,661
What the most usual conditions of . . ^^53,654
General reepe«rttbiUtietshipH>wner»8ss]ime wilder- *^654,655
General' nde fbr eoBstntiiig, ae to time of IM|^tiiig' wKeir so
time is expressed '*659,660
When, considered a mere aA«ig^tment' . • * i. 540
Act of iMghtertrnd^i oannet b« trtsatad •« bnmti]^ * 542
Rulationof master to 'freight by signing • • ** 11.612
A^ to master letting ship by . • - *- 613
104 CaATTEL»— CHAUD OR CUANC£ MEDLEY — CHECK.
CHAftTE»>PA«tTT— Made by master in liia own name Y^^ li ^IS
French law as to binding freight and cargo by stipttlatlMi of ** 6U
As to lien cieated by ;...." 6U Goods shipped under . " 676^
Duty of master to procure, before time of sailing ** 635
CHATTELS.
CsAmLS — Vendor o^ hiring them of vendee • . VoLi. 403 Application of the rule of caveat tmptor if possession be in another
at the time of sale of ** 201 As to words which convey an estate tail in land vesting an abso- lute property in . . " 319 HVhat included under the head ofgifls or grants of real . " 414 Husband's right to, of wife . . « . ** 451 At what age male and female may aUenate . • ^461 Injunction to prevent alienation of . • . '* 404 Asientofexecutornecessaiy to give effect to legacy of . ** ii. 9S General rule as to lapsed legacy of • . • ** 101 Deed of marriage settlement conveying lands, goods and • " 16C As to pledging . . <■ 31? Acceptance of note of third person at sale of, is piQrment . ** 40r Taking goods and, by replevin . * 542 English rule as to testaments of . ** 717 As to giants or assignments o( being valid without deUveiy * iiL 68 Bailee's lien on . . ** 129 As to mortgages of^ being valid without delivery . . ^ 217 As to the necessary change of possession upon the sale of ** 23S Agreements whereby parties engage not to bid against each other
at public sale oA how held *« 209
When courts of equity will decree specific delivery of . "346,347 Jn whom, vest on the death of the owner ..." 369 . Piofiti arising out of the use of, may be made the subject of a
mortgage . "434 Ajb to power of hirer ot^ to create liability of owner for costs of
repairs ... . "408
CHAUD OR CHANCE MEDLEY. CBAt7D OB Cbahob mboLst — ^What is meant by .
CHECK. Chick— Essential qualities of . • . . .
Negotiability of ....
Drawn by cashier of bank ..... Of accepter talcen by banket in payment of bill instead of money Action against banker for dishonoring customer's, when funds were
in hand Transfer of, to two persons as collateral security Delivery oi; by one bank to the porter of another sufBeient ovideiiee
ofpresentKUent ....
Need not be presented on the day it is received
|
VoLL |
427 |
|
VoLL |
68 |
|
a |
88 |
|
« |
31 |
|
« |
41 |
|
a |
79 |
|
« |
83 |
|
« |
89 |
|
« |
89 |
CHCMI8T— HSHIXr JUSTICE — CHILD-MUaO£R— CHILDRXN. 105
f txoK—PoftWatedf when payable VoLi. 80 JnitiaU of holder on, sufficient to charge him as endorser . ** 91 Holder of, bound to give notice of dishonor to drawer . *^ 98 Entry ot, in private bank book of holder as cash is equivalent to pay- ment though forged . . . ** 103 Ofthirdperson taken by cashier in payment of bill . . " 105 Substantially the same as a bill of exchange • . ** 110 As to holder of; as agent suing in his own name . ** 117 Premature payment of . ** 129 Hplder of, entitled to recover though received firom one who obtain- ed it unfairly . . . ** 136 JU to conviction of party chaiged with forging check being given
in evidence in civil suit on same . ^ . , ^ 354
Holder of, bound to present within a reasonable time "ill. 390
Not received as absolute -pa3rment . • . ** 390 How, differs firom bill of exchange ..." 80C
Endorserof^may be discharged by laches of holder . ** 301
CHEMIST AND APOTHECART.
Cbxmist ard ApoTRxeAftT — Negligently supplying wrong drug Vol. i. 438
Apprentice of; giving laudanum by mistake " 438
Administering drug to procure abortion • . ** 433
General and assistant apothecary of the United States ** iii. 100
CHIEF JUSTICE. Gbisy Justicx— Records and judicial proceedings proved by certificate
of ..... . Vol ii. 13— 33
CHILD-MURDER. Crii.^Mux»bb— Indictment against mother for . YoL iii 185— 188
CHILDREN.
Gx:iJ>xsN — General designation in will as to . VoL i. 333
Rule as to the admission of; as witnesses '. ** 340 Contracts and conveyances by, whereby benefits are secuxtd to
parents, are objects of jealousy . . • ** 406
Chancery controlling education and management of . , ** 423, 434
In ventre to m^ appointed executors . "461,463
Rale of construction where there is a devise to . . **ii.77,78
What as a general rule is meant by the word ^* childzen" in devise " 78
YQiat will be included in a devjse to all, of testatrix . . ** 78
Rule as to allowance for maintenance of . . ** 95
Rule as to the legitimacy of, of married woman *< 101, 103
Bom immediately after marriage deemed legitimate ** 103
Marriage settlement by husband to wife and . • ** 161
"When, to be made parties to bill ofjforeclosuxe . ** 300 Effect of naturalization of father upon . . VoLii. 361—411. 118
Settlement made on wife and, prior to marriage • ToL ii. 505
Rale for construing power to appoint to • . "508,509
Every man to maintain his own . • • ^ iii. 138
Placed by court under charge of mother • • • * 143 14
loi
CHOftES IN ACTION— CIBCVIT COVET
CHOSES IN ACTION. Choses in Action — Are not assignable at law ^ Vol.!. 02, 63 — iii.4d
What assignee of^ subject to . . . . VoL i. 63
Protection to assignee of, in courts of law Yol. i. 86-^. 56
Effect and protection given to assignment of^ in courts of equity VoL L 106 Notice of assignment of, and promise to pay assigf.^ee suflicient obli- gation to support contract . . ** 313 What necessary to enable assignee of^ to sue in his own name " 236 Assignment of^ by executor . . '** 393 Belonging to wife may be reduced into .possession by husband ** 4d2 May be assigned by parol for a valuable consideration • ^ iL 189 Capableof being mortgaged . . . • ^ 206 May be delivered' in pledge by the common law . . " 217 Roman law as to pledging . . . . ** 218 French law as to pledging ^ • . " 216 Scotch law as to pledging . . . . ^ 219 As to replevin for . . . « ** \ 543 No particular form necessary to constitute assignment of, in equity YoL iit 61, 62 BlqYiitably assigned not subject to operation of foreign attachment. ** V Assignee of, need not exhibit proof that assignmeat was made, for
valuable consideration .... Vol. iii. 120, 121
CIRCTTIT COURT.
CncviT Court— Appeal from an order o( to'the supreme court Divorce may be granted by, in case of extreme cruelty Kulea governing execution of judgments and judicial process of Writ of error to remove civil cause from, to supreme court Writ ofenor from final judgments of . Error from supreme court to .
Removal of admiralty cause from
Jurisdiction of .....
In whaf cases has original jurisdiction In what'caaee, only an inferior court Presumption in regard tp jurisdiction of Jurisdiction of, in cases arising ttuderlaws of the U. States What necessary to vest jurisdiction in When ejectment or bill of foreclosure will lie in . Change Of parties on record after suit brought . Rule as to rights* of assignee to sue in .
Rule in case of action by endorsee against endofser Rule as to jurisdiction of, in cases of trespase qmarf cfiiiMMiii fi^^ Ab to arresting in one distriet for trial in another R^le as to authority of, to issue proeess into imother district' . Jurisdiction. of^ respecting patents .. Rule-aa to removal of causes from state courts to Rule in actions for libel .... Remedy where inferior courts refuse to allow removal to • One of two or more defondanta petitioning fbr removal to If%tate be party to suit remove .to »
Vol. i 16
« 39
VoL iL 11, 12
32
•* 39,40
« 39,40
« 43
• 45-35 « 45
• 45^46 VoLu. 46
« 46 « 46
* 47 •• 48 " 49 ^ 49 «- 49 ** 49,50 - 50
» 51
• 51 -^ 52
« 92
" 99
CITIZENS — CIVIL CIVIL LAlf«
107
CtioiriT CovHT — Aa to the power of, to issue numdamu» Pieseriptioiis as to criminal' juiisdictioii of How &r criminal jurisdiction of, is final As to militaiy oflfences being within jurisdiction of . ConcQiient jurisdiction between state courts and In what cases, may exercise appellate jurisdiction by writ of error
to district courts Writ of error does not lie fiom, to district courts in admirslty and
maritime cases Id what cases an appeal lien firom diitrict courts to Eflect of an appeal in admiralty or maritime cases Power ot, to grant amendments on appeal . ^ Rule as to power o^ to issue ttrtiorari Ab to pleading judgment of state courts in bar to action for the same
cause in Supreme court commanding by mandamus to sign bill of exceptions When mamdatmu will and will not lie to Exceptions to the jurisdiction of . AcyoummeBt of Foreign attachment in . Appeal from, to court of enormia -criminal Amendment of record of Authority o( tO issue kaUa$ corjfUi Appeal to, from county court by garnishee
Vol. ii. 52,33,
9^
54
54
« 54
54
* 5* " 55
« 55
« 56 56
« 63
«* 13»
" 139
«« iii, 10
« 38
« 86,88
« 118
^^ 264) yoLiii.283,284
•* 429
CITIZENS.
GiTixxiia^How aliens may become How childna of jaliea* may becom*
VoLii.206— 261 YoLiu.119
civa.
dviir-Jurisdietion Action Disabilitiet Rights Obligationt XTDceeilHigH ' Procees • Salvage- Bail Suits
/ VoLiL 39
Tol. ii 45, 49-^ 99, 196, 133, 376
\ Vol. a. 144
. « 28V «• Sli TbLiL583--4ii314^33< Volii.68j « 273 «' 403
CIVIL LAW%
ChiL Law— Definition of . Vol ii. 65
Astotenninationofagettcy . " i. 59
Ai to acts of agent prior to notice of revocation binding-principal ^ 53
Rule of, at to sale of chattels if possession be at the time in another " 301
Rule o( as to a change of property upon contract of sale • ** 334
On the subject of dhroree • * 834
108 CLERGYMAN — C ERK CLIENT.
CzTiL LAw^-Rule otf as to 'wager or gaming contiacU . Vol i. 481
'Distinction between executors under the common law and a testa- mentary heir under the civil law . . . ** 391 As to vendor's lien . . . Vol ii. 112, LBS, 183 Rule of^ as to the age of consent to marriage . . YoLii. 144 As to mortgages ..... Vol. 11. 173, 178
Doctrine of subrogation or substitution in . VoL ii. 180
Rule in, .as to further advances . . . > " 180
Rules deduced in, for the interpretation of obligations . yoLii.284 — ^287
. As to partition ...... yoLu.294
ptule in, if a partner renounce the partnership with a fiaudulent
intent ' . . . . . VoL ii. 336, 3S»
Rule oft as to the right of a partner to dissolve partnership Vol. ii. 389, 390, 391 As to when legacy will operate in payment . . VoL ii. 467
As to liability of tenant for rent where the premises are fortuitously
destroyed -. . . VoL u. 534, 535. 536
General rules ot, on the subject of set-off . . . Vol. ii. 574 — 577
As to master of vessel binding principal . « VoL ii. 617
Rule in,'as to the rights and remedies of sureties . . VoL ii. 706, 707
As to coiiq;>n>mise ..... VoL iii. 311
CLBROYMAN. CLSBeTXAif — Character of, may be proved by parol evidence VoL i. 876
CLERK.
Clbbk— Liability of executor for de&ult of .... VoL L 387 Records and judicial proceedings of courts proved by attestation of VoL ii. 13, 14
Courts will amend mistake of ... . VoL ii 37 New tria. will be granted where an appeal.bond is defective by the
act of . . . , . . « 275 Bond given to secure the faithful services of, how long will remain
in force . . " 417
Partnerships usually proved by the oral testimony of . ** 428
Afistakei and misprisions of, when may be amended . . " 262
CLIENT.
Clixht:— Attorney and solicitor's lien upon papers of, for balance of aceount VoL i. 50 Contracts, by attorney with, to receive part of property recovered as
compensation . . . . - . . ** 256
Rule as to interpreter between attorney and . ** 353
Judgment assigned to attorney byt as security for costs . . ** 570 As to attorney's ri^t to receive bond £rom debtor by discharge of
claim without consent of • . . . " iii. 101
Law watches over and guaxds the interests of . VoL iii. 101, 103
General policy of courts of justice to protect . ** 102, 106 Attorney designedly concealing material &ct or principle of law
from . . *< 102, 10?
At to acts of attorney binding . . • • VoLiiL10«
At to attorney releasing witness who was liable to ** iOft
CODICIL COLLATERAL SECURITY— COLLECTION— COLU8ION. 109
CL]iaT^--Attonie3r disobeying lawfalinBtrnctionB of . Yoiiii.lOS
Authority of attorney to receive amount of judgment reeoveRd by *< lOS Acknowledgment of satisfaction or discharge of judgment by attor-
neybinds . . . ** 100 liability of attorney to, for deficiency in sldll or care . ** 106 How damages to be measuxd if Ion ensue to, by negligence of at- torney . ... . Vol iii. 106, 109, 268 As to attorney being compellea 1) produce deedi and papers en- trusted to him by • • VoL iii. 110 As- to attorney being allowed to testify to the hand-writing of ** 111 Pttichaseofajudgmentrecoyeredfor, by attorney • . ** 12<
CODICIL. GeDioiL— Bequest by, to will ...» YoLp»l^lQ
Legacy given by, how held . • . ** 93
Probate allowed of a duly executed, which had been burnt by mi»-
taktt .... . « »)2,d0»
COLLATERAL SECURITY.
CoLLATsKAi. 8soT7KiTT— Bebtv asslgnod as . • • Vol. i. t»
Tianderofnoteas ....." 85
Rights of holder of bill as, for endorsing another • • ** 89 Given for a debt may be given in evidence to show amount of the
debt . , . «. 268
Agreement under seal as, may be given in evidence . . ** 269
Rule as to the rights of creditor where debtor has given . • "<* iL 170
Pwdiaser of moftgagsApfftnises giving his own bond ts ** 90)
COLLECTION.
CoLLsoTioif<^Demand on note left at bank for what tufficieat . VoL L 86^
Note sent to agent for» by holder what notice necessary if dishoAOied " 07
Duty of bank having bill or note for . . . . ** 129
liability of bank for neglecting to present bill left for • ** 13S Attorney in &ct having note endorsed to him for, may strike out en-
doiMment ... "144
COLLISION.
CoLLXsioif — Rule in cases of, as to insurance . . VoL i. 520^
Loss by, is a loss by perils of the sea . . . VoL i 521-^23
Role of coiUribution for loss by . VoL I 966, 567— ii. 683, 684, 685
Liability of owners of vessels in case of • • . VoL ii. 68$
Laws of diflferent nations relative to . . « • ** 689
Remedy in admiralty . • • ** 684
COLLUSION.
CoLLvsioN — Occasioned by conduct of garnishee . . ToL iii. 86
Between mortgagor, bis heirs orprivies in estate, and mortgagee ■* 11. 110
Between plaintiff's attorney and attorney of defendant « iii. 26d
By debtors with exenotors and adnf nistrators . VoL iii. 342—349
110
COMBUIATI&NS—COMMENDAM— COMMERCE — COMMON LAW
COMBINATIONS. CojcBiMjiTions — Bjr in&nt with guardian .... To eatice a citixen from one state to another to aireft him is action-
able
CoMKBHDAX — Partnenhjps in
YoL i 422
** iiL3U
[Sbb Coii8jp:baot,] COMMENDABL
COMMERCE.
ToliL440--i43
ToL iL '553— 683 ToL iiL 332
T6L i. 479,«t>
Vol.4. 481
. « IL301
. VoLL 23
19
^VbL 1.479,480,484
ToL ii. 134
. •• 135
•* 219
CoJiMXBOE — Laws of ship and uptime
Laws regulating . . .
COMMERCL/UL CoxMS&ciAL — Rule of^ law as to insunmce of seamen's wagM Rule of, 'law as to wager policies . .
Partnership, What n ....
COMMISSION Commission— What is ft fkctor under dd etutere
To '-^ke new evidence in cases of admiralty jmxsdictloii Considered an insurable interest 0/ lunacy, general rule as to . Of bankruptcy, maliciously sued out . As 10 an officer in the army pledging his .
COMMITlffiNT.
C<mMtTMBNi>-^ower df nipfeme' court to inqafve inttf fh^eaow of TcriLii . 44
COMMON LAW.
HoHMoiv /La.w— As to AfW^B lien .... TtfLi 47
ChoseAin«etion'notaatignahle at . , * 63
As to carriers in general . . m i^
Rule of, as to carriers on land .... »|59 |^
How wninglVil delivery of goods by carriers li treated at . . • 161
As to carriers restricting their liabilities by notice • . , « 183.184
Requirements of; relative to persons making contracts . . '* 201
Maxims ol^ as to contracts being founded on sufficient coasidoFation ** 202
On the subject of delivery of specific <ihattel8 . . . « -<22rt
Ruleoi^as to payment if no time be express^ « ^
Maxims of, in regard to contracts Ibr performance of immoral acts . ^ 251
'Conveyances at ....'. « 959
Estate held in coparcenary arising by . . , *^ 270
Giving more than one vote at an election' how held at . <> 280
Disorderly behavior at town meeting, how held at • . « 280
Customs must not be contrary to , * « « 287
As to seals . . . , m ^99
As to considerations in a deed . . . . « 304
Word " conveying" equivalent to the word " giant** at , . « 3^3
Time fixed by, as to when an in&nt may devise bis perK>nal estate * 911
COMMON LAW (cONTfNVED.)
Ill
CoMXOR Law — ^As to exeentory deTifet Yol
Ab to dower of wifo .....
For what piovisiioii ot, as to dower was intended
As to famu covtri who was an alien heing allowed dower hy .
As to demand of dower being necessary at
Belatiye to ejectment .....
Jurisdiction of equity where remedy cannot be had in courts of
As to competency of witnesses ....
Ordinary mode of proceeding in courts of; preparatory to examina- tion of witnesses ....
As to deposition of witnesses . , .
As to liability of axecatozs .....
Distinction between executor under, and an heir by intestacy .
As to foreign aseouton or administiatois
Bektive to felony
AU deceitful practices condemned by . . •
Coayeyances to defraud creditors are wM at
As*to frauds that are and are not indictsbWat • " •
Giants or gills> in • • . •
Guardians at .... .
Kl^ts belonging to the guardian in teci^ .
Rule at, as to distinctions between accessories and principab
When firandiainiUetable at ....
Rule as to who maybe insurers
Rule oty on the subject of wager policies
In what cases courts 0% have conooirent jurisdiction with courts of admiralty .....
As to conditions annexed to a bequest
Rule of; as to conditions precedentin regard to persomd legacies
ijte to action at, for Kecoreiy of legacies
As to, jumdietion of courts of tiie U. States in cases of libel
Giv«s no priority to the U. States over other crediton
Bale* of, as to lien orvender nponlands sold
As to limitations .....
Ko.peeuliar ceremonies are requisite by, to the vttlid celebration oC marriage .....
'Role of; as^to tbenge of consent to marriage
Rule of; as to disability by reason of former marriage, how allied
Asagnments need not be in writing to satisfy requixementi of
General rule,, as to rights of pawnee
'Rule as to partner's right to become purchaser .
Rule as to right of pledger to compel sale •
Role as to pledgee's .light to alienate .
Pawnee^'ij^t by« to deliver over pawn into the hands of stxaager
Asto defects in pawn .....
Rule as to the manner pledge or mortgage may be extinguished
Rule as to the right of father to' the custody of his children .
Imposes no obligation on the child to support parents
l^oJe as to partition of joint property
i320,831
« 327
« 388
« 329
« 331
« 338
tt 843
u ,»^
« 9^
**36iA,389
« 391
« 392
« 395
« 396
« 402
« 407
« 414
« 423
« 425
« 450
«• 459
« 469
" 480
*" iL »
« 81,82
« 82
« 97
« 107
« HI
« 112
« 115
« 142
" 144
« 147
« 189 «220,822
* 225
« 225
« 226
« 226
" 234
" 234
« 289
«* 292
«« 294
1 12 ;OMMUKiaW— COMPENSATION — COMPTrSirCT.
OoiiMOM Law— Definition of perjury at Vd.iL 485 Bemedy at, for the final adjustment and settlement of Putnenhip
tiansactions . ' 330
Courts will j adiciously notice, rights and duties and general eostoms ** 471
Powers well known to • . " 490
Q^ warranto at .... . 514
Freehold cannot commence infiOmn at • . " S30
Bnle as to liability of tenant for rent in case of fire . . * 984
In relation to distress fi>r vent ... ^ 039
Principles of, as to alimony . . • " 596
Rule as to the rights of riparian owners . * SfiB General right of ship-ownen to retain goods for fteigfat recognised
by . « 014 Mariners* remedy at, against master for lAMaults, batteries, and im*
prisonment . . ** 048
Abatement at, by death of parties . *< lit 14
As to assignments of chattels without aetnal delrrerf • , " 63
Assignmentofpriseproperty good at . i ^ 64
Party aggrieved by operation of improper attachment may proceed at '^ 89
Attorneys at, privileged from arrest on mum process • " 103
Digging up dead bodies an indictable olBence at . " 339
Rule as to ejectments ..... **309,360 A confederacy to assist female infimt to escape from her fludiM'f
control is indictable at . ** 409
COMMUNION.
CoMMUKioM — Of profits necessary to constitute a partnerdiip . V<^ iL 340
COMPENSATION.
CoxpiRSATioif — Of carrier for expenses necessarily incurred Vol 1. 177 Contract by attorney with client to receive part of property re*
covered as, is void . *< 906 Private property cannot be taken for public use without Just VoL ii 91*^. 941,
949,318^319,390
Rule as to allowing, to mortgagee .... VoL ii 186
Allowed to tenants in common for improvements . . ** 990 Rule as to partner's right to ToL ii 307, 811«-4ii. 441
Clerk receiving part of profits as, how considered ToL ii 347
Of mate who acts as master . . ** 631
Of the attorney general of the United States . . . " ifi. 90 Of district attorney of the United States ." 99,100
Attomey'may demand for advice *< 108^
Ordinarilyallowed in most meritorious cases of salvage . *■ USB Contract to receive, for endorsing notes of another, not of itwlf
usurious ... * 499'
COMPETENCY,
r )xrBTSNCT— Of agents to be witnesses for principal • • ^ToL L ' 0&
Of witnesses by whom to be determined ... * 845>
C0lln»08lT10N-—C0MP0t)Nl)ING— C0MPR0MI8E — CONCKALMENT.
113
Vol. i 847
"347,348 " 349
« 353
•* 354
« 355
« 355
« 355
•« 355
« 378 «* 379 « 463 « 11.427 « 488 « iU. 171
CbiMltlBiioT — How,i!(i8yb6ieBtoi«d
Of joint ttMpasMtt .... Defendants boil not competent Of bankrupt at witness for assignee Of master of vessel in action on policy Of party injured, in criminal prosecutions, rule as to Mode of objecting to ... .
Of an interested witness, how may be restored Of bankrupt, wluit necessary to restore Of residuary legatee . • . .
Parol evidence not competent to show that deed abeoldtfttvas in- tended conditional .... Fuol evidence not competent to aid defect in sheiiffs retun • Of in&nt in cniliinal casM ,
Of dormafit partner to give evidence in Suit by active partner . * Of party prejudiced to prove ofl^nce of perjury . Of persons whose names are forged to prove forgerjr
COMPOSITION. e^ftrosxTioif— For debts aft»rdisso1«tioD te benefit <»f pwtMM^ Refusal bycreditor to sign dwed . . . •
By creditor with debtor in dMibtful eireonstaiiMi
COMPOUNBTNG. Oo|iMt7MotR«-*-A]nisd«weanor, note given for •
Proiniae founded upeft consideration of^ a felony, is void
COMPROMISE.
CoMFiDimB— As tft authority of a^s&ts to eater into > V^ L 56, 57
1^ prevent pittftderidg of ship, rule of contribution infiaseaef VoL L 572, 573 If fairly enteredinto will be upheld in equity . . . VoLii.a44
Rule ast^ttievali^ty of, of doubtful righU - V4>1. ii. 844— 246
Am to att&ority of acting partner to enter into, without eonsenl «f copartner ...••• As to Wteniey oowpromtting cUeot's rights by «eciitory contoKt ikcqniesced in for years by principal will Mud hi|n for ew As to pioimse after, to pay balance binding debtor . As to proposals for, being admiseible in evidence A« %o revoking payment made under
CONCEALMENT.
GbTOBALMXKT— Rul^ as tp, relative to insurance Liability of . principal for, by agent Note given for concealing felony is void Eflbct o^«pon waimage contracts Of papers, effect of • •
Of information respecting time and manner of ship s saiUng Of letters eontailiing fiwts material to uie risk vitia.tea poliey Of accidents generally, rule as to .. . \
Of the ace and tonnage of ship 15
VoLm.311 « 464
«<iii.341
YoL L 129
Vol. iL 315 •* iu.l06 «* 107 *" 122, 123 " 147 «310,3H
Y4>L i. 492-498 Vol.L 18 «• 112 « 230 « 492 « 495 "496,497 « 497 « 496
114 CONCUBRBNT JURISDICTION — CONDEM^ A TION— CONTINGENT LEG AaE8.
CoNoxALMENT — Fr&udalent, pxerents the opeiatioii of statute . YoL iL 191 Relief in equity on the ground oif in consequence of which recove*
ry was had at law' . . ** 24
Priority of lien of United States in case of concealed debtors *^ 108
By partner, effect of, on contract with co-partner . "306
Of birth of child by mother . . *" iii 139
Embezzlement necessarily involves secresy and . ** 359
CONCURRENT JURISDICTION.
ConovBBxifT JvBiSDioTioN — ^Docreo in chancery in cases of Vol. iL 24
Rule where an erroneous judgment is called in question in court of ** 19
Judgment of a court ofj is a bar to subsequent action for same cause ** 27
Rule as to, between circuit courts and state courts in criminal[ cases . ** 54
Of circuit courts . . '^ 45
Of district courts . " 56, 57
Of state and federal courts in civil matters ' . ** 61
Rule as to the efl^t of sentence in cases of ''62
CONDEMNATION.
CoUDSMiTATioN— Senteiic^ of, special provision for by statute Of neutral vessel, treaty with Great Britain in regard to Effect of a survey and, upon warxanty of sea-worthiness Of ship by reason of rottenness . Effect oi; in foreign court of admiralty How sentence of, to be regarded . •
For want of claims . - <« « ^ .
In French court of admiralty . . # .
Sentence of^ in foreign court upon the ground of breach of blockade How sentence ol, held in Fiance and England . «
Foreign sentence o^ not conclusive that title to property waonot in
subject of a neutral nation .... By foreign tribunal in consequence of an attenq[>ted fitaud by one of
the owners . •, .
Ownership acquired by capture followed by sentence of
. VoLL 16
« 156
« 506
« 506
VoLL 513— 517
YoL L 513
. « 518
« 618
« 518
« 519
« ii. 10
« 365 « 583
Requisites to entitle ships under, to the privilege of their flags VoL ii. 565, 586, 587
« 612 « 686
Appeal by master in case of
Sailing under license of the enemy subjects vessel and caxgo to
General doctrine of prize courts as to condemnation of contmband
goods ......
CONDITIONAL OR CONTINGENT LEGACIES. CoNDiTiDHAL OB ConTiMexnT LEGACIES — Origin pf the doctrine of Conditions in Will in restraint of marriage, how held Bistinctionk between conditions annexed to a bequest or to a devise
of real estate . .
Rule of common law as to conditions precedent in regard to personal legacies ......
. General rule as to all kinds of conditions . "Whether condition in a devise is present or subsequent, how deter- mined .......
« 688
VoLii. 80 « 80,81
« 81
83
84
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CONDITIONS— <;0NFE88I0N CONFtRMATION— -CONFISCATION. 115
CONDITIONS.
CoRDiTiONS — General rule as to all kinds of . . ,
In the acceptance of a bill of exchange Bnwee may annex what he pleases to his acceptance In a bond as to the measure of damages^ how considered Perfonnance of, prevente'd by the omission of obligee In pleading performance of, what must the defendant set Ibith Time of performing, may be enlarged by parol . Of an indemnity bond, how may be restrained Doctrine o^ from what derived ....
Bequest of leasehold property on conditions In a will in restraint of marriage, how construed In restraint of marriage, rule as to, deduced from English authori- ties ....•• Annexed to bequest, or to a devise of real estate, distinction between Precedent rule of fhe common law as to fis a devise whether present or subsequent, how determined Conditional assent of executor .... Of redemption, rule as to .... Mortgagor by tendering the performance of, may prevent foreclosure Fkescription against the mortgagee commences from the breach of Necessary to the validity of a French patent ^ 462 Of a charter-party ... Vol ii. 653— 660 in an assignment . . Vol. iii. 48
CONFESSION. GoHrxssiOR— Of judgment by one of two defendants
What must be shown in order to introduce parol evidence to prove
Of aduUery by parties applying for divorce
Of adultery by wife, not sufficient cause for divorce .
Threats made or promises held out to induce prisoner to make
Improperly obtained, how fectft admitted .
VoluntBiy, by^ prisoner . . t
In&nt convicted of homicide on his ovni confession
Of a person on a trial for crime most be submitted to jury
Of judgment by obligor in penal bond
Temporary stay of execution in consideration of
By prisoner arraigned on capital charge ...
CONFIRMATION. CexFiKMATioif — ^In an assignment
Of deed made by grantor when an infant, what amounts to
CONFISCATION.
ObinscATioR — ^Treaty with Great Britain relative to YoL i. 156
Warranty of ship's freedom from, in policy of insurance . " 499
When penalty oi^ may be applied to neutrals . " 511
Prize courts may apply, by way of penalty for fr«ud and misconduct " ii. 58 Of one partner's goods, whereby he is disabled to perform his part,
dissolves partnership . . ** 396
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CONGRESS CONGRESS, ACTS OF CONSANOUINITT.
Com riBOATioH — Groundi of^ stated obscurely . . Vol. i ^^14
When ship belongs to same owner as contraband goods, she is also
subject to . • . « ii. 68S -
CONGRESS. OonoBBSs — Right of pre-emption to Indian lands lying within the U.
States . . VoL i. 195
What have declared, a^ to priority of the U. States ** 196
Power o^ to ^rall out the militia and to what extent . *^ 198
May adopt state laws directly by substantive enactments . ** ii. 12 May, by general laws, prescribe the manner in which acts, records,
hc^ may be proved • . * 13
Rnle as to justices of the peaes under the proHsions of . . * IS Cannot confer jurisdiction on any court but such as exist* ^^nder the
constitution ... . '^ 62
Power of^ in regard to patent rights ... * 444
AiQonmment of; when and how made . <* m. 97
When members of, privileged from arrest . . Y^. ili. 33, 39
» Power of, to punish contempts Tol. iii. 324, 325
CONGRESS (ACTS OF). CoifOEsss (Acts op] — ^Must conform to the constitution As to copyrights As to depositions of witnesses Relative to judgments in sister states Giving jurisdiction to S. court ^tle claimed under Relative to writ of habetu corpui As to jurisdiction of circuit court Relative to removal of causes Irom state to circuit court As to jurisdiction of district court As to concurrent jurisdiction of state courts Giving priority to United States . Relative to patent rights To punish the crime of perjury . As to shipping articles . _ .
Relative to American consuls or commercial agents To prevent destruction of ships at sea As to attachments against absent debtor Ab to appointment of attomey-geneial of the U. States Relative to the admission of attorneys and counsellors to practiee ii
S. CofU.S. As to tbe appointment of district attorney of U. States Relative to natursJization of aliens As to bail in criminal eases As to conspiracy to destroy vessels Relative to the enrolment of ships and vessels
^ONSANGUINTTT. CoHSAifOUiniTT — ^Divorce for
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CONSLNT— CONfllDSRATION. 117
Co«« iHOuzNiTT — ^Marriages piohilMted by law on account of . Vol. i. 396
Constitutes ground of principal challenge of juror . . " ii. 64 Rule as to disabilities arising from . Vol. ii. 146, 147
Judges prohibited from presidingby reason of . . . ToLiii. ddl
CONSENT.
Co7 4K]f T — Giving protection to mortgagee without notice against prior
equitable r^hts ..... . . VoL L 196
Eflect of an important alteration of contract without . ^ 233
, Errors which court cannot overlook or amend without . *" 391
At what age infant may consent or disagree to mahiage • ** 461 Rule as to the obligations of one who enters upon land wf&out, of
owner . . *• iL 71
Right of lien relinquished by . . ** 114
Role of the civil and common law as to the age of, to many **^ 144 Of parents or guardians, rule as to . Tol. n. 144, 145
As to selHng mortgaged premises on credit without , . ** 2M, 205
As to acting partner's authority to compromise without, of partner VoL ii. 315
Specialpleaofnonesf/cK/um without obligor's . . . '^ 478
As to respiting recognizance without knowledge or, of bail ^ ' ^922 Action of damages for taking minor child upon a voyage withotft,
ofparents . . • 638
Seamen discharged by their own, what may demand . **' tu 640 Of parties cannot confer jurisdiction in a matter which is excluded
by Uw . . . . . * iii. 10 Alteration of promissoiy nots without consent or knowledge of
maker . . . Tol. Iii. 192 259
Marriage ceremony decreed null and void if consent of parties was
not voluntarily given .... Vol. iii. 215, 309
' CONSIBERATtON. CoJisiDrtATioN— -^JVhat is .... . Vol. I 218 Gross inadequacy of; sufficient for court of equity to presume fraud <* 196 An agreement without, is void . . . ** 10 When note made by administrator is void for want of . . ^ 70 , Bill payable to the order of drawer assigned for valua^ble, by deli- very only . . * 83 Note void for want of, cannot be enforced by assignee having fall
knowledge of the fisicts . . . . * 86 Note made without, is a nudtpacttJid void between the original partiea " 105
Promisefoundedon, of compounding a felony . . . * 112
lloral obligation sufficient, for an express promise . . ** 113
Seal to bond prima facie evidence of . . . ** 148
R^uisite, to constitute valid contract ... * 212
An agreement whether verbal or written without, is a mtde poet * 212
Rule that, is necessary to the validity of contract, to what applies * 212
Asto natural affection being sufficient . . • * 213
Agreement by payee of note to fbrbear to sue, cmfficlent . " 213 » Here inadequacy of, not sufficient to invalidate contract VbLL214|293
118 CONSIDERATION (CONTINUED).
CoMSCDXBATioir — Should he stated in declaiation . VoL L 214| 266 f
Rule of law as to verbal agreement, being valid without "^ 214
Forbearance to sue sufficient, for a promise to pay the debt of
another . . .« 215,221
What agreement sufficient for a promise of indemnity . VoL i 215
Promise to pay if party would swear to the truth of his demand
sufficient . . . . « 219
As to words " value received" in a written contract being evidence of ^ 21tt Wntten contract by executor to pay debts of testator barred by
statute is without . . . . *" 21ft
Past, will support a promise . . . . *^ 21d
No distinction as to, whether contract be by parol or in writing . ** 217
Of contract may be inquired into even between parties to a deed *' 217
As to mutual promises amounting to sufficient . . ** 218
Promise to pay in consideration of forbearance ** 21(^ Acknowledgment of value received in an agreement to indemnify,
good evidence of . . . « 22a
Past or executed, when and when not sufficient to support express
promise • . • . . . ** 220
Necessary to support contract . • . ' . " 221
Is impUcNi in contracts under seal . . . , "^ 222
Mere moral obligation not available as, for an express promise ^ 244
Prejudice to a party to whom promise is made sufficient " 244
Unlawful, vitiates contract . . . *< 245
How bon&fltU holder of bill is affected by original usurious " 24^
Maxim of common law in regard to contracts based upon immoral '* 251 Executed contract founded on unmoral . . . / ** 251
If two, be alleged both must be proved . , « 266
When performance oty ought to be averred • "284^285
Validity of deed does not depend upon the amount of . « 303
Where, is expressed no averment to the contrary can be made ** 304
Generally held to be essential to a good and absolute deed . " 304
Of a deed must be good Of valuable . « « 304
rpon what good and valuable, are loonded « 304 '
Kay be subjoined to deed . . • . <* 305
Illegal, in conditions of bond . » . . « 31$
Parol evidence not admissible to show diffisrent, from that stated in
deed . ^^ 404
No agreement is valid without . . « 41^
As to showing, of a contract by parol . . . « 417
English rule as to, being in writing as well as promise . . ^ 419
GuaranVjrofnote without, when void . «' 420
Contracts in, of marriage are greatly favored in equity . Vol. ii. 159 — ^16 1
Defendant may under issue prove want of . . Tol.ii.479
Deed of bargain and sale must be sustained by . . *< 492
Note given for an entire, part of which it legal and part illegal « iii. 131
Rule as to requisite, to support contrac: ^f guaranty . ^ ** ii 694 No agreement csn be enforced either i» .%w or equity, if not found-
ed on . • • * iiL 117
OmrstfONSS—OONSPIRACY— CONSTITUTION OF THE UVITSO rTATES. 119
CoatzosmATioH — Rule aa to rac«ipU without . Vol. iL 021
Comproimae a good consideration to uphold contract or agreoment ** ill. 310 Money paid on note for void patent may be recovered back <m the
ground of fiulure of . . • . . " 444
COmiGNEE. CoxsiSMftx — As to claims of, to reimbursement Vol i. 26, 39
As to authority of, to break up voyage or vacate policy . . " 30
Actof^inrespectto the cargo binds tl; consignor . • ^40
Lien on goods for balance of account . . ; ** 50
Placing goods ia the hands cf auctioneer to be sold ** 91
Must pay bills, if shipment places funds in his handfl * * . *^ 130
Endorsement by, on bill of lading passes legal title to goods * . ' ' . *' 147
Bound to advance freight due on the cargo . ** 153
Requiring goods to be delivered to himself . ** 160
Action oftroverby, for non<<leli very of goods . " 170
Carrier's lien waived by delivery to . " 178
What amounts to delivery to .... ** 334, 337 Policy on voyage from abroad may be good though omitting the
name of . . "471
Insurable interest may exist in '. . . ** 475
Becomes agent of the insurer upon a valid abandonment . ** 554
As to, pledging goods by endorsing b\ll of lading . . " iL 836
. May have funds of the owner and refuse to advance them . ** 608
Power of^ to appoint substitute on death of master • " 633
Rights of captain if consignee refuse to receive goods . ** 675
Duty of master in case of failure of • « . ** 680
What necessary to enable, to attach vessel . " iii. 07
When proper pexson to bring action for loss against carrier " 300
CONSPIRACY.
CoRSpiaACT — How many persons necessary to form . VoL iiL 313 Action on the case for . . VoL i. ll^-iii. 313, 314
Indictment for, in producing false certificate . VoL i 444
. Jo defraud an individual of his property, indictmont for . . ** 450
Husband and wife cannot be guilty of, and why . • ** iiL 313
To manufacture spurious articles , . , *^ 313
Tocommit-afolony . . . • • ** 313
To cheat one by making him drunk . . • ** 313 Upon what^ depends ....•** 313 Where several are indicted for, and one only appears, ha may be
tried alone ' . . . • . ** 813
To destroy vessels, punishment for . k • ** 313
CONSTITUTION OF THE UNITED STATES. CoRSTXTirnoir or.TBs'UmTxo STATxe-^What are bills of credit aa
prohibited by .... 'VroLLl46,147
How, considers the emission of bills of credit . • "146
Juarisdiction of chancery given by • • <* 100
Ainendment of, relative to judgrtanti in eriainaleaaea " iL 81
^20 CONSTrrUTlOHAL LAW— COKSTRrCTlOK.
GojfftTiTVTioH OF THE UiTXTKD Statb»— Iawv miwt coiilimD if TtfLllkSU
Proviuoiwb^, in rsguid to p«t«nt nights ** u. 444
Act8oftiielc|^riatan]«pf«gn«atto,anBToid . Vol. iii. 314— 324
Aets of congress contniy to, are Toid . . Vol iii. 316
CONSTITUTIONAL LAW.
Covsni'UTioif AL La w— As to acts of legislature being void YoL iii. 314--afl8
As to when acts of congress are void . VoL iii. 31S
Relative to retrospective statutes . . ^ 317
As to taking private property for public use . Vol. iii 318—320
Power of congress to ** lay and collect taxes" . . Vol. iii. 320
State legislature cannot annul the j adgment of a United States couit '* 920, 321
Respecting the light of trial by jury , , '^ 821,322
As to commerce . . ** 322 As to ixpottfaOo laws . YoL iii 382—324
CONSTRUCTION.
CoxSTBVCTxoH— Of Contracts, by what governed . YoL i 84, 237, 239
Of a letter of credit or guaranty . . . YoL i 180
The same in equity as in law . . . "iii 380
Of contracts, what the principal object of inquiry in . . ** i 230
Of written contr&ct, rule as to the admission of parol evidence ** 231
Rule for constming language in a deed . Vol. i 231 — iii. 345
Contracts to be Construed according to legal sense and meaning Vol. i 233 How instmfnents made at the same time relating to same matter
to be construed ....'' 235 How courts will be inclined to construe contracts . ** 235 Of contracts, rule of common law as to . . . ^ 236 Contracts strongly cdnstrued against gnntor . . ** 336 Of contracts, meaning of parties to be regarded in . . " 237 Of wills, what the leading object in . . , VoL i 317— ii 720 How grants to be construed .... VoL i 415 Ofliceasetoaaalienenemy to trade . . *' 468 By what, warranty to sail with convoy to be construed . *< S03 Ifow warranty free fipomseisure in ports of discharge to be coastmed " 50S Put upon the words ** pirates, rovers and thieves" • *^ 529 Rule of, where policy is on ship for the voyage . • " 552 Principles tgi be observed in construing the statutes . • " ii 67 Rule ibr construing lease, as to boundaries . • ** '72 Of the words ** be3rond the seas'* in the statute of limitations . ** 121 As to cottstniing marriage articles • ^160,161 Rules established in equity for, of partnership articles " 312 To words in the patent law ** not known or used before the applica- tion" . . •* 457 Rule for constming sets of congress relative to patents • ** 457 Rule for tednstnling iiistniment for execution whsfe p^cty has a
power and also an interest . ' « *496,497
Rule.for construing power to appoint to lektioDS • • *^509,510
Rule for, of words spoken . » . ** 691
Rhle for construing conttecC of sttMly • ** 698
00MSTR0CTlVS--C0NStL9— CONTEMPT — CONTIUGKNT— CONTRACTS. 121
CwtfimvcTioif— Rule for confltrailig gnavekiiteeB . . Vol. ii. 700
Of policjr of insuiance, usages of tntde taken into cfmsideiation ** iii. 200
Hew lease between landlord and tenant to be construed . . " 20d
CONSTRUCTIVE.
CoiSTKVcTiya — Fraud, what understood by . . . Vol L 256
Notice, wbat constitutes . *' ii. 192
Notice, distinctions between Enc^ish and American doctrines «s to *^104, 105
CONSULS.
Coii8VL»— How certificate ot, received in evidence , • Vol L 307
Anest of ship by . . , ** 520
Jnriediction of supreme court in all cases affecting • ** ii. 80
As to jurisdiction of circuit court in indictments against . "53
How judiciaxy act relative to, is construed . . . "01
CONTEMPT.
CoxTKicpT— Who may punish for ... Vol. iii. d24, 325
Attachment for, in disobeyiug decree of court of chancery • VoL i. 102
Nature of attachment against sheriff for . . • " 382
As to awarding fhandamus to inferior courts to punish for . " ii. 139
By serving Summons or capias in presence of court . • '^ iii 38
Of court, by concealing or withdrawing infant from proper custody ** 390
CONTINGENT.
CoNTiMoxNT — Interest respecting personal estate assignable . . VoL t. 63
Insurable interest may be absolute or . . *< 475
Rule as to contingent interests . ' '* 480
Legacies .... VoL ii. 80^-84, 466, 467—iiL 210 Interest to vtest in persons not in MM .... VoLii. 295
CONTINGENT REMAINDER. CoiiTiivoEirT Rem AXNDE»— What is .
How classified .....
Rule as to what time must vest . . '
Rule as to the destruction of . Rule as to transfer of ....
When limitation by will is ....
CONTRABAND. ConTKABAKD— Seizure of ship for having, goods on board
Validity of insuiance by neutral on goods usually denominated
CONTRACTS.
00]itba6t8— What is a contract
Aie either executory or ezeentBd What are taecutory ....
Wlkat are executed . ^ . .
Aie either special or paeel . At to enlarging written by parol • Not complete until the offer is accepted •
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C0WTRACT8 (cONTlWtTED).
Co if nA0T8~May be made by writings, words or signs Reduced to writing not complete till signed Of sale, how considered in equity As to binding of principal by agents
When only is person making, considered as agent ibr another To guaranty must be in writing . As to agents suing on .
liability of principal for, made by agent in name of principal How, must be made by agent to be obb'gatoiy on principal Made with agent not always with principal Made by agent under dd credere commission Agent employed in the management of illegal Made by agent on behalf of government Validity and construction of, by what governed . ^
Promissory note not an absolute extinguishment of contract debt When court of equity will annul Agreement between parties must be complete and concluded to
make • • •
As to husband being bound by contracts of wife For what, only are infiints liable Made by infants against their interests, are void As to coipoiations contracting by agent By lunatics, how held .
Effect ofintozication or drunkenness upon • • VoLi.
As to sufficient imbecility of mind to set aside As to measuring Validity of, by law . By persons bom deaf and dumb . Mbide by wife of alien husband Made between husband and wife Consideration necessary to validity of Mere inadequacy of consideratioii not sufficient to invalidate Consideration of, may be inqui)red into There mustbe a good consideration to support .Consideration implied m, under seal, . Rule of civil law as to change of property upon Rule as to construction of . . • ,
To marry must in general be reciprocal Principal object of inquiry in the construction of Rule as to admitting parol evidence in construction of written To be construed according to popular and legal sense and meaning Customs or usages of trade cannot influence express Technical terms in written, must have technical interpretation Susceptible of two inteipretations
For the payment of money without expressing time, w&«n payaUe By words may be discharged by words Most strongly construed against grantor / Meaning of parties to be regarded in the constmctioa of • In teference to what, supposed to be made • • «
Construction of, by what ffDvemed . . • .
Vol L2O0
« 200
« 14
« 18
« 19
« 20
« 28
« 32
« 34
35
« 38
« 42
« 43
« 84
« 90
« 188
« 202 "202,205 « 202 ''202,203 « 203 " 203 204,333,334 VoL i. 204 «* 204 ''204,205 "207,208 "211,451 "212,221 « 214 « 217 « 221
" 224
« 231
" 233
« 233
" 234
« 935
" 235
« 238 "986,337
« 237
« 237
u 337
CONTRACTS (CONTINUED). 123
COMTBACTO—Applicatipnofthe tec foci and fez/ori to . Vol. i. 239^ii. 71 How, goTeined if made under one government to be perfonned un- der another . ... . . Vol. i 239
Valid by the law of place where made, generally valid everywhere '^ 240
Exception to rule giving universal validity to . . ** 240, 241 How diacfaaige of debtor under bankrupt or insolvent law operates
upon . . ..." 241
Affected by statute of frauds .... *'243,244
Aflfected by usury . . Vol i. 244— 250
What the proper remedy to recover money paid upon uauiions Vol. i. 248
Who to decide whether, are usurious or not . " 248
How statutes of usury, apply to . .• . ** 249 One of several partners in illegal, not entitled to «id from courts of
justice . . . . " 251
Criowingoutofimmoral acts are void . . . **250,251« Equity as well as law will prevent ei&ct of illegal . " 251 As to the validity of executed, though founded on immoral consider- ations. . . . '* 251
Kudm of common law in regard to, for performance of immoral
acts . . . . "^ 251
)&rriage brokage, how held • . . . Vol. i. 251,411,413
For the sale of offices, how held .... Vol. 1.252
To indemnify an officer for neglecting his duty ** 253
To assist candidate in procuring an office . . . ** 253
For the sale of lottery tickets . ' . . . "253
In contravention of penal statutes . . . ^ 253 Repugnant to welfare of state ...'.** 254
Entered into by means of violence to the will . , ^ 26&
How &x imbecility of mind will warrant courts to rescind ^ 255
What court wiU order on rescinding .... ^* 256,297
Gannot be rescinded in part ....*' 257
As to dissolution o^ by war . . . ** 257
As to threats of legal process destroying . . . '* 257
As to avoiding, by duress of goods . . . '* 257
£&ct of misrepresentations upon . . "258,401
Who to decide as to what is a reasonable time lor the performance of " 258
Difficulty no excuse for non-performance of . "259, 260
Fordeliveryof stock, what pbdntiff must aver . . " 260
Made in violation of law . . . . " 961
To deliver specific articles at a particular time and place . " 261
Legal ignorance no excuse for non-performance of .. . " 261
Eule where one party wishes to compel the other to performance of " 262
What must party perform to entitle him to remedy on . . " 262
As to vendee's rig^t to repudiate, for sale of laci . . "262,263
To whom the right to enforce belongs " 264
Conaldeiation of^ must be stated ... *' 266
tf two considerations be alleged in . • <* 266 Kttbncy of one defendant on joint and sevem^, does not iestny
action against the others* • . " 368
VM
CONTRACTS (CONTINUED).
CoHT&AOTB — Relief in equity for mistakes in written . Vol 1266,2 •
What facts in, of sale will place goods at risk of buyer VoL i. 99V
Receipt no evidence of . . . Vol. i. 268— fi. 52i In action for non-peiformance of, defendant may show that Ike was
prevented hy plaintiff .... Tot. i. 26C
Of guaranty cannot be varied . . . ** 417
How trading contract of an in&nt it cowidered , *^ 422
Effect of deviation upon . . . ** 536
Mere breach of, on the part of master does not constitute baxistry ** 542
Effect of fraud upon, of marriage . ** ii. 145
Idiots and lunatics incapsl^le of entering into OMiiiai^ ** 146
Rule where marriage has taken plvce under expssta • » '^ 154
Of infants by marriage articles or settlements . » *^ 157
Rule as to between whom, of pledge m^te made . . • ** 220
N Liability of dormant partner on, made by acting partner • ^ 300
Ofpartnership, leading principles of . . . . ^ 301 Rule as to acts of one partner in contracts cooeenung negaliflble
paper bin<fing all . . . * 3SJ
Liability of firm for fraud of member in . . . ** 364
Bond given by one partner for simple contract debt . . ** 371 Rule as to liability of firm for, of partner . . . YoL ii. 374— ^78
Rule as to when firm can be charged with, separate ia fact ^ 378 — 382
Partnership, how treated in equity . . . ** 402, 403
Rule as to limit to rights of partners upott 'parol . • Vol. ii 418
power of attorney to execute . . « . ^ 512
"Where letter of attorney forms part of, how deemed *^ 514
Of hypothecation made by master ' . . • ** 605 Nature of; between master and seamen . YoL iL 631 — 634
General principles pervading all maritime . . YoL ii. 650^ 660, 660
For the conveyance of merchan^ce in general skip . YoL ii 663
What necessary to render, of surety guaranty obligatoiy ^ 602
Nature of contract of guaranty .... "603,694 Rule as to necessary consideration to support contmct ef guann-
YoliL 604,005,606
YoLit.60»-^98
YoL ii 608, 690
YoL ii. 7111
YoLiiiie— ^
Of surety how afibcted by statute of frauds
Rule for the construction of contract of surety .
Rule as to what conduct of guaranty will invidtdate
Non-joinder pleaded ir abatement in actions of e0tttn4t •
Entered into in a state where imprisonment for debt is not allowed YoL iii 36,: ^
Assignment of, not under seal .... YoL iU. 5
Ante-nuptial . . . " 116
Action of oMsmmpwU for use and oceupaliiMi can only be SMtaiiMd
when Ibttoded on • • * 122
What mnst govern juty in estimating' damages ibt bieach of • " 141
Lease between landlord and tensAt to be constmed by same vaA»k a* YoLtii. 905 Alterations in, however material do not destroy uUMftdoMfnudii-
lently . . . . . - 300
Wbencourtofequity will enforce, for side of land . *' 909
To procto» the ^MMge of aa act by linieter nmaiiat ia md * 32S
CONTRIBUTION CONVERSION 125
CoHTXAOTS— When declaration on simple contract is bad • YoLiii. 33^
Subject matter to be described in action of debt on simple . " 340 What necessary to make, of sale valid . . Vol. iii. 357 — 9S9
When, will be annulled in equity . . <* 350,361
As to term of written, for the sale of tend being varied by parol Vol. iii. 372
Decree for special performance of . . ** 4)4
Parol recision of written, may be set up in equity . ** 423
Taken oat of the operation of statute of limitations . . *' 429
Sescinded«on account of misrepresentation . *^ 460*
Deed of^ cannot be avoided for usury by a stranger to the transaction ** 40!t To receive reasonable compensation for endorsing notes for anoth^er
not of itself usurious . . . . . ** 492
CONTRIBUTION.
CoiTBXBVTioif — In a suit for, against legatees or di^nbutees, who to be
made a party . . VoL i. 19*
Sum paid as general average, for loss by colLsion when neither
party were in &ult .... YoL i. 551— <S2$
Exceptions to rule of general, for jettison . YoL i. 55T
Rule as to, for .expense8,^seamen*s wages, ^., when vessel in dis- tress puts into port to re^t . . . ^ 560 E«le for, in case of voluntary stranding . Yol. i. 561— 56& Rule of, for loss by collision or running foul " abordage^ ** 566, 567 Rule as to, for wa^es and provisions of crew during detention by
embargo ...... VoL i. 567
Rule on the subject of wages and provisions in case of detention by
hostile capture . . . ' . . « 66»
Rule of, for expenses incurred for medical treatment of crew wound- ed in defending ship against pirates OT enemies . * Yol.i. 568, 569 In case of loss by fire . . ." 569,570
Rule as to, where extraordinary expenses are incurred for the pur- pose of sailing with convoy . . . "571,572 Rule of, in case of ransom or compromise to prevent plundering of
ship . . . . . . •• 572,273i
Rule as to what must contribute to general average . ;** 573
True value of ship for . . . . " 574,575-
Offreight,ruleasto . . • . « 575, 376-
Rule as to right of partners to enforce • . ** li. 334^ 335*
Certificate under a separate bankruptcy is al)ar to all actions for
by the bankrupts co-partners . . ^ 437
Master claiming, from seaman . . . ^ 644
In case of loss by collision . . * 6S3— 6S5
l^tween sureties rule as to Yol. ii. 707, 708— iii. 281, 455
CONYEltSION«
OoKTBuioif — 9f infont ... • Vol. i. 264
Of pawn by pawnee < . • . •* iL 225
What evidence of; by pawnee . . . . " 231
' Of pavni by a stranger • • * 233
126
CONVEYANCE.
CoHTXBsioif—What unoantB to wrongfiil, by partner
Liability of innocent partner for fhiudiilent, of co-partner Actual demand and refUsal need not be proved in actions of trover where actual, is proved
CONVEYANCE.
VoL
CoNTSTAMCB — How conveyauces are divided
By bargain and sale by a person out of possession When notice of lien binds purchaser As to purchasing agent being competent witness to prove that prin- cipal had notice of incumbrance . Oflandsby attorney when void ... . . .
Power to sell lands implies power to convey with general wamnty
Of legal title in note to third persons .
Parol agreement to give bond to re-convey, does not make deed ot^
a mortgage .... As to contract to convey lands giving license to enter Words " grant, bargain and sell" maybe construed into a mere agree- 0 ment and not a .
What covenant to convey title means
When coiXrt of chancery will compel party to give effect to decree
by . . .
Laws annulling, are unconstitutional By joint tenants to third persons . .
Usual form of, in the United States . .
Made to grantee without Christian or surname . By deed of finmu covert ^f her interest in lands she owns in fee Deed executed to two or more persons and one dissenting to Requirements of the statute law as to recording Kule as to description of lands conveyed respecting known and fixed
monuments
What a devise of land without words of inheritance conveys . Words which convey an estate tail in land vest an absolute pro- perty
As to barring wife of dower by, in which she joined her husband A magistrate cannot take wife's renunciation of dower upon, in
which he is in any way interested A recovery which is a conveyance of record may be presumed From trustee to eatui ^ue trutt Of real estate by executors named in will according to its directions Heirs demanding, from vendor Deceit^in ....
May be good in the hands of bonajide purchasers, though liable to be
set <i8ide for fraud ....
Made to defraud creditors As to permitting purchaser to avail himself of his title against prior Whereby benefits are secured by children to parents are objects of
jealousy .... Fraudulent and voluntary
YoLii 345 365
« iii.487
VoL J. 269 L 66, 270, 299 270 290,300
Vol.
270
27
' 28
115
233 333
234 235
230 257 271 S06 906 208 209 302
305 316
319 330^
357 " 360 " 385 « 387
"397.398
** 40S « 403
«< 404,405
406 • . 410
COKVSrANCE (CONTINUKO).
127
CoiTBTAMOB— Voliuitaiy, to itranger
By a woman without her iut«nded husband's piivitj, how Between husband and wife .....
Pixvies in blood may avoid by infants
By lease .......
Effect of an assignment on d«td of, to secure a sum of money Statute does not run in case of voluntary, void against creditors As to allowing lunatics and idiots to plead disabilities ia avoidance of As to rescinding ikianiage articles by "Wha*. deecTof maniag^ settlement conveying all lands, fcc, of wife,
includes ....,• Voluntary, is good though retained by grantor till his death . Particular words in, are unimportant . How conveyances considered in equity
Ko agreement to change a mortgage into an absolute, will prevail Of mortgaged estate to several, by mortgagor General doctrine as to re-conveyances Ofthe equity of redemption . Equity supplying delect of circumstances in By partners as tenants in common .' IVaudnlent, 6f partnership effects, by partner By partner, of all his interest in real and personal estate of firm, to
co-partner' .... *
Power of appointment reserved in
Persons capable of disposing of land by, may execute a power Of an estate by way of mortgage . Of vested remainders • .
Of land, referring for its boundaries to monuments , By metes and bounds what will carry Conveyance and delivery of cargo is a condition precedent and must
befuUmed .... Taken by trustee in his own name Devise in the natnre of . To trustee for benefit of creditors Not neccvarily £raudnlent because it happens to operate to the pre*
jqdice of particular creditors in trust to pay debts
As to attachment of lands held under fraudulent Of real estate, by attorney after death of principal What description. necessary in Decrees for, of land do not pass title unless actually made Of real estate by guardian to'ward'in^yment of debts doe from
Mmself (Rotiee where a day is fixed for . Pmof necessary for subsequent creditor to avoid voluntanr .By tenant by curtesy ......
Grantor failing to' describe the thing intended to be granted by What, evidence of fraudulent . . . «
•Of a vessel by Ull of sale
VqL L 411
« 413
« .451
« 462 •* iL 69
« 113
« 119
* 133
" 157
« 160
« 162
** 171
« 171
•* 174
** 199
« 214
« 239
« 253^
« 323
« 354
« 392
« 492
« 493
" 510
" 524
« 554
** 556
«* 668
« 710
« 722 « iii. 45
« 49
« 50
« 93
« 127
*• 140
« 142
•176,177
« 240
<* 246
« 836 « 345,346
«, 372
« 372
m COWnCTION CONrOY— COPAKCEWART— COPYtlGHTfi — GORPOSATIOntk
CONVICTION. GbiiTicTioH— Of ftii infomott« erimis allowi court to grant divorce . YoL L 3S7
Of certain crimes is a good ground of objection to die competency
ofwitnesiee .....'' 346
At what age an infimt may be convicted of felony • • " 441 What necessary to justify conviction of woman on an indictment
for mtodering her child ....** 443 Of a penon on trial upon his own confession . • ** 445 Ofpart of se vend defendants . • *^ 4S1 llpon erroneous indictment . . . " 499 Of an infemous crime in foreign country or another state . * fi. 15 Of a high misdemeandr i^ lio bar to an indictment for murder result- ing from the sax!?* act . * 31 Rule as to effect of sentence of) in cases of concurrent jurisdictidB ** ^ 63 Party may be convicted of peijury for swearing he hHetfn a feet to
be true when he knows it to be &lse . . ** 487 As to one of several indicted for perjuiy, giving evidence before con- viction .....** 489 Of thelt where it appears that the fects amount to Tobbezy ' 920 Of conspiracy, and record of not produced . • . T<^iiL984 285 Of manslan^ter is suMainable although there has been no coronal's
inquest • • • • . ** iii431
CONVOt.
Convoy— What undentood by the woid . VoL i. 903
What understood by warranty to sail with . . * 902
What will amount to sufficient joining of . . . ** 503
By what warranty to sail with, to be construed . . ** 90S Rule for contribution where extraordinaiy expenses are incurred for
the purpose of sailing with . « ** 971, 972
COPARCfiNART.
CovAKOSNABT — What is an estate held in .... VoL i. 97C
From what does an estate in, always arise . . <* 279 CoparcejMn may release to ead& other in Ukb mawer m joigit tmt-
ants . . « 87H
In what three unities do coparcenen resemble joint tenoiti . " f0t i
Seisin of one coparcener genially tine seism tof tfaa otisiti • ^ SBfi
How coparcenen differ from joint tenants ^ • ^991}
Thera is no unity of time necessary td an estate in . * 9913
COPTRIGHTS. CoFTEtQBTS— Act of congress relative to • • 'VbUI>19f 1,973 *
tttjanetion to prevent violation of . . • < "W* L 4(|t'
CORPORATIONS.
Ooapoi\TioH8 — What is a roiporation . T«LL27»''
What the chiefobjectofthe institution of • . * fm.x
How far back we may trace the history of • . • , * ' 91% :
In whom is the power of creating ... • ".. •• 973,
CORPORATIONS (cONTIITUSD) .
129
CoiroKATioirs-^'What form necessaxy to he used in cieatiiig .
About what time were cities and towns in Enxope first erected into
HoWj created in England , , , ,
BAay appoint attorney upon record without seal
As to cashier of banking corporations transfening property in a note
May contract by agent ....
What the most general divisions . ' .
What is a corporation sole ....
What are, aggregate , • .
What kind of, most inns* ....
How lay, are divided . . •
What are eleemosynary
What are ^uon .....
How powers and capacities of^ considered in the English law
Under what disabilities, were formerly placed
Modem doctrine as to powers of ,
. What the principal rights, capacities and incapacities of
How acts of coiporation agents are considered
^ncipal exceptions in the English law to rule that, cannot bind except under seal ....
Rule in the United States as to binding, without seal
Common law rules as to the rights of, to enact by-laws .
Rule as to the rights of^ to be trustees
Rule in courts of United States as to jurisdiction where, are parties
Effect of misnomer in suit against
Effect of misnomer in grants to . . . .
How existence of, may be proved . •
Personalliability of . . ,
Committee appointed in behalf of
When, not bound by acts of agent • . •
. As to right of, to appoint one agent to sell their property and an< other to purchase it . . . •'
Rule in England as to visitation of . • •
Rule in United Slates as to"" dissolution of .
Charter of, how proved
How far books of, considered evidence
Action by party injured for fraudulent conduct of banking
How rule as to jurisdiction of circuit court applied to aggregate
How statute of limitations applicable to demands against banking
May plead statute of limitations
J^ndamus must be directed to, by proper name
Duty o( to remove nuisances
Rale as to liability of, to commit nuisances
Indictment against, for neglecting to do what common good requires
(^ wantmto against persons intruding into offices created for gov- ernment of .....
As to whether attachment witi Je against
Cannot be attached as garnishee > . •
Constititional law as to . .
17
VoL L 274
** 274
" 274
•» 19
« 26
« 203
" 274
•* ;n5
« 275-
« 275
" 275
« 275
« 275 « 275, 276
« 276,
« .276
« 276
u 277
" 277
« 277
« 277
« 278
« 278
« 279
« 279
« 279
« 280
« 280
« 280
« 280
« 281
* 28S
« 371
« 371
« 407 «ii. 47,48
« 118
" 118
" 140
tt 279 "279,280 "279,280
« 515 " liL 83
« 97
« 139
180 CORPOREAL— C08T»—^OUK8KLLOBa —COirKTKaFEITINO— COUNTS.
(^E»osATTON»---SuitagunitpubUc' municipal • Y<iLiU.3JW Rule thaljpactj caanot be both. plaintiff and defendant in aaine a^it
does not ^ply. to . . " 140 Trespass will lie againit . *. . Vol. iii. 241— 244 AttacluBent against loieign .... YoLiii. 266 Can exercise no power except those conferred by law **■ 289 Foreign law relative to attaching property of foreign, to compel ap- pearance . . '* 326
CORPOREAL.
jCojtPOBJiAL— Rights may be pledged .... VoLii. 218
Punishment, when may be inflicted ** 688, 622
Abeence from ship without leave punishable with chastisement "" 635
COSTS.
Costs — iExtent of attohiey's lien for . ** 50
Iiabilityl6r,ineventof suit disqualifies witness " 349
Rule as to setting off ... . Vol. 11. 570, 571
Attorneys iien for, on judgment recovered "111.111,112
COUNSELLORS.
CoirHfB|.LOR8— Gteneial rule aji to admission of, to give testimony or
matters in which are professionally engaged , VoL i. 353
What UbeUpus ^nst . *' iL 103 Requisites to the admission of, to practice in supreme court of
United States ..... VoL iii. 100,101 Of supreme court, when a party to suit have no privilege as to
vmm . ** 103
Arrested on (».«&. during attendance of court will be dischaiged " 103
(^supreme court; privileges of . '^103,105
-Good exception to bail that the person offered is counsellor <* 272
Partnership helween attorneys and . . . ** 105
COUNTERFEITING.
CoirifTxiiFBiTiMCi— Current coin of the United States, acts of congress
relative to . . Vol. ii. 62
No^ofabank,necessaiy to constitute forgery . '^ iii. 141
True question for the jury where two are charged with . . " 195
COUNTS.
Oovif Ts — No special, necessary in declaration upon lost note in order to
admit secondary evidence .... VoL i. 118 Quashing indictment for having difOirent, against different indi-
vidnals . . ** 458 In an indictmimt may not be stricken out as in an information ^ 459 Rule where one count in declaration is bad and verdict given gen- erally . . . . « ii. 26 Power of circuit court to grant amendment introducing new <* 56 Filing new, for different cause of action ** iii. 76
COUNTY— COURTS 131
COUNTY.
CouB TT— -All indictments must set forth the county of the Offender VoL i. 456 In what, may the venue be laid in indictment for bigamy *' 458 In what, may the venue be laid in indictment for forgery ** 456 Notice of dissolution published in one of public newspapers of, suf- ficient in ordinary eases • . . ' ^ ii. 307 In what, must venue be laid in: aetionB of replevin ** 544 Ln what, only can attachment be sued out . . ^'ifi. 93 In what, may two or more jointly and sevorally bound in obligation
be sued ** 115
Jail limits in case a new, is made in part out of an old one '** 204
In what, complaint for maintenance of bastsrd-ehild may be brough i " 296
Where can only be sued . '" 396
Physician neglecting to deposit Mpy of lieense in- clerk's office of ' " 452
COURTS.
GovKTS— What, defined to be ..... Vol. i. 28)
Wh&t one distinction runs through all . <* 283
Ofrecord, what constitutes . . <* 283
Of the United States when bouiid to exeeutejurisdictton . " 11
Granting a commission to take new evidence . . ^12
Wh^n, may correct an award . ** 60
As to a man said to be attainted being a vritness in .. . ** 66
Direction o( to jury . . . " 93
Will not sanction any kind of artifice, to evade the statutes . ** 106 Win not lend aid to enforce the collection of a note for compounding
feh>ny . . . . *« 112
DwiBions of^ as to a mark for the name to an instrument . *^ 147 Liability of carrier, how held by . . Vol. i. 162, 166, 185
Damagesallowedby, if any agreement be unconscionable . ToLi. 223
Priority in the execution of written instruments presumed by . ** 234
•As to the constructions of contracts by . . ^^ 235, 250
When, will annul contracts . « 236
Contracts which are injurious to the p^bb'c rights, how held by "240
Power of^ to decide whether written contracts be usurious ^ 248
Order by^ on rescinding a contract . . , " 256
Assistance of^ to compel an account . « 250
Decisions by, as to wages . . « 29Q
Dedaration favored by,' after verdict ^ . '. ** 290
Presumption by, where two declarations are filed . . ** 291
Practice o^ where declaration is defective . « 292
Consideration in a deed how held by . . ** 305
Special liHiiled jurisdiction of, in probate of deed ** 309 Whether eiasures and- alterations in deed are material or not is a
question for ' . ' . . <* 310
What, governed by in^ deciding upon the constructioii of deeds *^ 312
How must construe deed . . . ^ 312
Demurrer refen the law to the judgment of . . « 314
132 COURTS (continued).
CouET§— Discretioii of; to compel party lo join in demurrer Vol. L 316
Supplying omitted word« in a will . . . ** 31^
Decree for divorce obtained in ecclesiastical . ** 325
Ofprobate, record of asaignment in . ^331
1 How adverse possession is construed by . ** 339
Rule of, as to allowing amendments to declaration . " 340
Of ordinary jurisdiction made instruments of injustice, remedy for *' 343
Competency of witness determined by ... . " 346
"What oflences incapacitate from giving evidence in . " 347
Allowing depositions of witnesses in evidence . . . ** 366
Rule as to the proof of a foreign law . . ** 368
Question of law to be determined by . . . ^ 368
Whidn may decline deciding upon foreign law * 368
Of concurrent jurisdiction, effect of a judgment of . - . ** 370
As to receiving parol evidence to explain written agreement . " 376
Chiincery interposes because courts of law do not afford remedy '* 370
Statements made by witnesses out of . . ^ 380
When party may move for execution to issue . . ^ . '^ 382
Cases which courts will not relieve or mitigate . *' 398
Of law bound by the positive bar of the statutes . . ** 400
Examining in&nt as to his competency . . ** 462
Injunction to stay proceedings in . . . . ** 464 Question of materiality of misrepresentation decided by juiy under
the direction of ** 491 Materiality as to the time of sailing, question for the jury under the
direction of .....*' 496 Condemnation of ship in prize, for want of passport . . . " 506 E£fect of the sentence of foreign prize . . . YoLi. 51^— ^19 Decree of, allowing costs and expenses . Vol. i. 522, 523 Granting a ventre d$ novo . . <* 548 Remedy in, of law on policy . . . *» 587 Authority of, to act as a prize tribunal . . ** it. 9 General doctrine maintained in American, relative to foreign judg- ments . . ** 10 "When defendant may show that court had no jurisdiction ** 11 Effectof state laws in restraining judgment of fedexal . . ** 12 Attest of clerk to matters taken from the records of *< 13, 14 Credit, validity and effect given to judgment of state . . ** 14 Act of congress relative to federal, how considered . , ** 14« 16 Whatnecessary to give jurisdiction of the person to . . ** 15 When judgment in, not to be considered as foreign . "16 As to, inquiring into the merits of a judgment . .. ** 18 X)f concurrent jurisdiction, two actions commenced for the same
cause in ....,<< 19,
Enon of, do not invalidate its jud^Tients . •. . "19
Validity of sentence by, cannot be ii quired into collaterally . *' 19
Judgments o( when are conclusive , . . " . 19
Judgment reversible by appellate . . ''SO
Setting verdict aside after it has been recovered • "96
COCBTS (cONTimJED). 133
GoirsTs — When judgment of, will be a bar VoLii.Q7
. . Jurisdiction of supreme . . . . ^ 31—45
Jarisdiction of circuit ... . ** 45— <S6
Jurisdiction of district ... . « 5&— 61
Concurrent jurisdiction of state . . . '* 61 — 63
^ntence of, whether conviction or acquittal maybe pleadec in bar ** 63 When, will execute testator's intention cy pri$ . . ** 90
Legatee's remedy in ecclesiastical, for the recovery of legacies '* 97
Jurisdiction of federal, in cases of libel ... * 107
Writ of error must be brought within two years after the rendition
of judgment of . . • " 12}
Blalice or want of probable cause to be determined by . ** 135
Marriage decree null by ; . . ** 146
Of cassation.' appeal to . . . . ** 153
New trials granted ex officio in the sound discretion of . • "2^4,265
Oranting new trial by reason of misconduct of jury • • ** S65
Oranting a new trial where verdict is imperfect or uncertain . *' 267
Granting new trial for surprise . . ** 968
Will seldom interfere with verdict of jury . . . " 279
Power of, to grant new trials on the ground of excessive damages
in cases of crim, con, . . • . " 274
Grant^ngnon-suit for non-appearance of plaintiff . • ** 261
Granting non-suit forfeiture of evidence . . . ** 281
When, will refuse to set aside non-suit . . . <* 282
Partnership accounts settled by . . . . " 333
Bound to take particular notice of their own course of proceedings ** 471 Plea of payment into, under the general intUbitahu account . " 474
Money cannot be paid into, in lieu of bail unless by consent ' . ** 474 Plea ofpuU darrtm contmuanc$ filed with the liberty of ** 475
Person making a fidse oath in, whether of record or not, is indictable
for perjury . . . . " 485
When, will and will not grant an information in the nature of a
quo warremto .... VoL ii. 515, 516, 517
When, will order parties to plead de novo Duty of^ in giving constructions to wills Plea tathe jurisdiction of, in transitory action when only proper Ofinferior jurisdiction, how must act ...
Bight of objection to jurisdiction of^ to what extent exists How will, enter judgment if defendant die Abatement of writ of replevin by
As to, allowing plea in abatement being put in after plea in bar As to, noticing defect in declaration on demurrer As to attorneys or other officers of, being privileged from arrest General rule in courts of Great Britain as to arrests May examine whether the attachment was correctly issued When will, quash writ of attachment As to irregular return of attachment .
Gsinishee must appear in, if required and answer on $eirefaei<u When, may set aside judgments by de&nlt
|
Vol. ii. 540 |
|
|
u |
720 |
|
u |
iii. 10 |
|
(( |
10 |
|
tt |
11 |
|
It |
14 |
|
u |
16 |
|
tt |
19-21 |
|
a |
24 |
|
u |
33,35 |
|
« |
37,38 |
|
tt |
82 |
|
a |
89 |
|
u |
91 |
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« |
94 |
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« |
90 |
134
COURTS or ADMIRALTY COURTS, DISTRICT,
Cou&TS*-Debt lecovexBd hj attachment ia foreign, protection td debtor Bule in court of king*i bench as to attorneys becoming bail Flea in abatement to jurisdiction of, on personal grounds Auditor appointed to distribute moneys cannot inquire into judg- ment rendered in • ^ . As to legislative constructions being binding upon Instructions of, to the jury .
Question of intent not to be deteimined by, it is a matter for jury As to setting aside verdict of a jury . . . .
Defect in record occasioned by an omission of Of law, will not lend their aid in enforcing injunctions from chancery Discretionary power of, as to joinder of principal and accessory Will award new trial where incompetent evidence has been admitted
COURTS 0> ADMIRALTY. Doubts ov AniiiaALTT— Jurisdiction of Peculiar province of Appeal in .
When, entertain jurisdiction tn ran As to seal of foreign courts in Injunction to stayprocedings in Granting commission to take new.eivideBee Effect of condemnation upon a neutral warranty Sentence of condemnation by foreign < Decisions in foreign Where restitution is decreed by . ' Salvage decreed by Jurisdiction ot, as a prize court Authority of vice, to decree sale of sfaip When consent may give jurisdiction Rule as to salvage cases Concurrent jurisdiction with Condemnation by vice Decisions of, as to hypothecation Granting warrant to arrest ship on bottomry . Assets marshalled by . Are guardians of mariners Filing libel against ship in • Lien find proceedings in rtm for wages Sale under decree of . Remedy in rem against vessel Remedy in, in case of collisioA . Survey ordered by
How, will treat appeals in salvage cases • District court of T7. S. as Juriadiction over lien for wages of
Vol.
iii. 09 112
lis
12S
14a
19» 21» 223 235 403 416 437
COURTS, DISTRICT. CSpvsTSy DiSTXicT— Decree of, as to title Writ of error ir>m^ to circuit court
YoLiiL2S8
** ii.610
« L6i9
Vol. i. liS5-4i. 610
YoLi. 369
464
13
. " 5ia
VoL i. 012, dlB, 519
** 513, SIB, 519
. Tol.i 522-4i. 686
Vol.!. 523
« iL 58
VoL L 549-41 610
VoLiL 59
. •* 59
* 99 . « 335
- 605
*« 606
« 609
.. • 636
« 641
« 645
« 646
« 679
« 684 « iu. 199
« 238
« 266
• 428
YoL iL 17 32
COURTS OP SQ0ITT.
1S&
CbusffSi])i8TBiov--«A(ipealdom) toeiiemt«9iiTt . Vbiiii 43)
Cognizance o^Testrictad by acts of coBgiMi . . ** 49
Authority of, to issue process into soother distriet > . , ** SO
Circuit court exercising appellate jurisdiction by writ ef enortt^' ** 54, 55
Power of circuit court to issue certiorari mprwcedettth >io > ** S6
^ Jurisdiction of . . . • . . ** 66—61
Exclusive original jurisdiction oij in cases of salvage* . ** 59
Cognisance of, of inaritime contracts * .^ .' ** 60
Jurisdiction of, proceedings tnmnexclusirely T<ested in ' . ** 61
Extent of admiralty and maritime jurisdietion of . ** 57
As a prize court . . ** 58
Jurisdiction of^ over torts and injuries . . . ** 59
How jurisdiction of^ as to seizures has been held . ** 60
What to decide jurisdiction of, in case of seizure' . . '^ 60
Jurisdiction of^ in case of seizure on land . ' ** 61
Buleas to jurisdiction of, where an alien sues < . . ** 61
Sfsmdamut will not be issued to restore clerk of • " 138
Judge of, refusing to set aside judgment by default . • ** 139
Adjanmntent of . . . ** iii. 28
Awarding attachment against foreign creditors • • " 266
COURTS OF EQUITY. Cocaxe of Equity — When will, annul contract
GiTing effect to and protecting assignment of choses inactioiitf Refoiming instroment inconsistent with the true agnemeBtof
puties . •
Jurisdiction of, on the ground of discovery Jurisdiction of, in case debtor abandons the country . • Construction of a letter of credit by . . .
Allowing an amendment of bill alter deeiding against it' . When may cancel deed . > .
When will give relief for deficiency . # . Jurisdiction of; ii^ matters of dower-
Relief in, against contracts made while under tempoiaxy insaidlyi Leading maxims by whichi professed to be governed Rule of evidence in
Cases w^xe reliefer mitigation not presumed by . Will not aid parties who will not use their own semaaiid disoratioii Rule in, that ftaud is Qot to be presumed Will act vpOB' ciicumttaneea as pre8iuiiptk>ax>f fiaud, not sa with-
courts of law ....•• When will hold purchaser as trustee .... When will supp^ and administer witM^ thtfar own jnriidtirtioma. • substitute .«...•
Interference by, in case of- fiaud in -marriaga eontiactai Marriage protected by, in case of antecedent contineta aad wttinf*
ancea ....••
Bow wiU coaatnie imrtvanenu daalgned fiar m«iiafr attllMMiit^>^ As to, interft&iig to amend policy
VoLLlSS ** 106
* 18*. « i8f ** 189 ''189,421 " 19? «* 300 « 313 « 339 ** 333 <( 343
" 363 ''S98,399 " 401 « 400
" 400 «' 404
**' 405 " 412
• 453 .«f 454
«W7,5e8
136
<k)0RT8 OF BqUITT (CONTINUED).
CoirsTt OF Equitt — Action for the payment of money on deexee of Power of, to grant relief against the judgment at law "Jurisdiction of, to relieve against a gaming debt As to, conatroing trasts raised by maniage articles Distinctions taken in as to parties in whose iavor they will deexee
specific peifoimanoe .... When mistakes in marriage settlement will be corrected by Po8t-nu)»tial settlement in fieitor of wife reformed by Interposition oi, in marshal^s securities lor debt Will not assist in depriving mortgagee of securities Application to, for redemption of mortgage When may, interfere in fevor of pledger to compel sale . Ijgnorance of the law shall not affect agreements in . Belief in, from the effect of mistakes in compromise Rule as to granting relief against written instruments When will interfere and supply the defect and execution of power
VoLii 14 " 23,34 « 24 « 158
« 158 « 160 162 "169,170 " 210 •« 211 « 225 « 241 VoLii. 243— 245 Vol ii. 253 YoLiL254^ 502,503 What constitutes such an execution as will entitle to inter- fere ... . VoLu. 254, 255, 500, 501
Jurisdiction of| to correct mistakes in will .. . YoL iL 255
Ruleastotiuthority of, to grant new trial at law . . <* 275,
Bill found upon new equitable title determined by . . *^ 205
Assignment of estate by • . . , *^ 205
In cases of partition ... "205,296
Partnership articles read iii . . . . *< 312
As to, restraining particular members from engaging other members
in projects not assented to . . . . * 313
Enforcing the specific performance of covenants between partners " 320 Remedial justice between partners administered by . . ** 335
When will act by injunction to enforce agreement between partners ** 336 Restraining sudden dissolution of partnership by injunction ** 336, 338
Interposing to prevent partner ^m doing any act injurious to part- nership ...... *'336,337
la what case will, grant an injunction in favor of partner against
co-partner . . . * . . . "237,238
Usual mode of obtaining injunction . . "339,340
Tiolent disputes and dissensions sufficient cause to justify, to de- cree a dissolution . ' . ** 305 How, proceed to wind up concerns of partnership ** 407 Assisting in the settlement of partnership accounts by decreeing a
sale of the property . • • . *< 400
Partnership, closed by the intervention of . • . *< 410
Remfdies in, for the infringement of a patent . • . ** 461
Receipts may be inquired into and corrected in . . " . 521
Refusing to interfere in fiivoT of a tenant , . '^ 534
Rule as to allowing set-off . . VoL ii. 567, 568, 560
Willnotenforceamere voluntary executory trust . . VoLii. 710
As«to, enft»rcing a resulting ^usi m fevor of the alien purchaser **' 712
Trustee seeking aid and direction of .... "713,714
00VRT8 OP RBCORD-— COURTS, SUPREME.
137
GovmTS OF Equitt— JariBdietion o^ ia regaid to trusts .
Defence peculiar to .« , .
When will interfere to present bar of the statutes
As to the enforcement of yoluntary assignment by
Relief in cases of accident
Compelling the execution of trust for the benefit 6f creditors
Ars strongly inclined to uphold assignments when hon&fide made
When will enforce contract for the sale of land
When will and will not interfere to decree a specific delivery of chattels ......
CSoncunrent jtuisdiction dJE^ in cases of donatio aaua mortii
Host stxildng and destructive feature of
Court of equity may entertain a bill to have gaming security deliver- ed up and cancelled .....
Will not go beyond income of ward's estate for a maintenance and education ..••..
Relief in, against the pa3rment of notes given for void patent-rights YoL
COURTS OF RECORD. CouBTs OF Rbco&d — What constitutes • Recognizance entered into in .
COURTS, SUPREME.
Govmn, Sufrsmb— Judicial power of the United States vested in
' Appellate jurisdiction o( to revise and correct judgment of state courts ......
Appeal to, quashing inquisitions in the nature of a writ ad quod
VoL u. 714 * iiL 213 " 214 « 254 « 25
« 45
« 56
« 309
•* 346, 347 « 356
Decisions in, as to agents ....
Decisions in, as to carrier's liability .... Decisions in, relative to assignment of notes by foreign ezecntor in
foreign country . .
In what cases, have exclusive jurisdiction . To what course practice in, conforms As to authority of, to declare state laws void How, process may be served upon a state How state may appear in . . .
Upon what appellate jurisdiction o^ depends Writ of error to remove cause from circuit court to . Rule as to appellate jurisdiction of; in criminal matters . Appellate jurisdiction of, in criminal matters AppeHate jurisdiction o^ over judgments in state courts . What understood by final judgment or decree of Different modes of exercising appellate jurisdiction of Mature of judgment necessary to sustain writ of error from Rale in, as to matters within discretion of court below . Rtde in, as to the value of matter in dispute £Act of consolidation of demands to give jurisdiction to Dilierence between writ of error and an appeal tc^ \a what cases, mi^ exercise jurisdiction by habtoM eorjm§ . 18
« 374, 375
" 388
iii. 444-450
VoLL283 •* 151
YoLii. 29
« i. 15
•* 16
•* 180
« 393
« ii. 30 81
« 31
" 31
« 31
•• 31,32
33 « 3»-38 « 38 « 39 « 39,40 « 40
« 41,42 « 42
« 43
"43,44
i9d
COURTS CFF THE UNITED 8TAT£9 — COVtilANT.
Vol
Yid ii. 43 ii. 44, 1^ 139 YoL ii. 44, AS
VoLii 45 " 54 «* 54 * 56 « 108 « 184 « 265 « 275 « 570 « iiL 13
29
50
83,84
Courts, Supkbhb — To what appelkte power of; extends
Authority of, to issue mandamu$
Rule as to criminal jurisdiction of
In what cases, may issue certioran
As to removals to, by certificate from circuit court
Writ of error from, to circuit court
Appeals to .
Rule in, for the construction of statute as to lien
Decisions in, as to vendor's lien .
Will not control discretion of circuit-courts
Quashing an appeal for defective appeal bond
Judgment in common pleas may be set off against one in
Rule in, as to abatement of writs on the death of either paity .
Adjournment of .
Affirming judgment of circuit court on writ of error .
General power of debtor to make assignment, recognized; and •§»- proved by . . . . •
Decision of trustees renewed by ....
Requisites to the admission of attorneys and counsellors to prac- tice in .. . . . . . ''100,101
Privileges of attorneys and counsellors of . ** i03
Attorneys or counsellors of, when parties to stiit have no privilege
as to venue . . . *^ 103
CounseUois o^ pQ[vile0Bd from- arrest though not in aotmd attend*
ance . . . . << 105
When will not distnib a^udications made bj court below *^99Sf 224
Jurisdiction of, to. bail persons committed on criminal charger ** 283
Decisions o( as to notes issued by banks being bills of cxedit . " 287
Decisions of, as to punishment for contempt . .i . '^ 324^ 335
When, bound to oonlorm to decisions of state conits . *^ 429
COURTS OF TH? UNITED STATES. QoiTBTs OF TRx U. S. — Whcnbound to exercise jurisdiction •
Suit brought in, on note ....
Decisions in, as to validity of bottomry bonds .
Jurisdiction o^ to enforce bottomry bond
Rule in, as to sustaining jurisdiction where ooiporation is « party
How barratry defined in . . ^ .
State laws obligatory only so fiuras adopted by congress . .
Local laws of states cah never confer jurisdiction 6a
Suit in, by alien enemy
Exclusive jurisdiction o^ toanest in criminal -i
COVENANT.
OOfVNAHT — What IS * . . .
Express • • •
Implied • • . •
Real « • f ■
Personal ....
Mutual . . • •
|
VoLL 11 |
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984 |
COVENANT (continued).
139
CovsHAJiT^Iiidependent ....
Dependent
Joint and aevenl . . • . .
Upon what words, will lie .
"Wbat necessarj to make, run with the land .•
Pedbrmance, when independent. ....
Action maintained for breach of .
BaifonDanoe must be averred where mutual, go the whole consider- ation on both sides .....
How to decide whether dependent or independent
Jistnt and several, in a lease to what extends
^rmaster of ship with vwuen .
When assignee liable for covenants bs^en
Bond for the perfonnaBco of . . • .
Not to sue one of .the several obligors of bond .
To con vetftiti*^ what meant by ....
In a deed .....
Use raised liny to «taiid seized ....
As to what buyer on a. breach/ a( of seisin 'can rsoover back.
Bemurrer in cases of several breaches ofj some soffloiont and same not .....
When charter-party considered- as mofe affreightment sounding in
Express, to pay rent as to reUef at law or equity against .
On the part of lessor to renew lease for years
Of warranty, and to convey . . •
To renew lease, what implied by
To bear, pay and discharge all taxes, &c., to what extends
Whatever due on breach of bond for performance of, ranks as bond debt ......
As to waiver of lien by taking
Mortgage given to secure the performance of
Of an indefeasible estate . , .
• Lands conveyed with, of seisin ....
To execute a power by donee
Members of partnership contracting by, as to name or style of firm
Not ta exercise the same trade on separate account, how construed
Rule as to remedy on, between partners . Vol. ii:
To refer to arbitration, how considered in equity
To refer to arbitration no valid doftnee byi way of plea .
IfaDseuted hy one partner ii^ name of firm . « .
i Butaership fonned uiiderf to continue for agq[>eeified time
Actm of^ by one partner against another .
Action against partners on joint [ Taking notas oja aceoiint of balance dae on^ not a satis&ctien, .
Not to sue upon simple contract debt for limited time
TO indemnify husband ag^nst debtii wi:fii. mayt contiact .
Jntk lease to pay rent .....
UMiqnidated dam^^vft^iaing fsom^ bleach ni, givei.no ng^tto set- off at law • • • • •
Vol. i. 284 ** 285 " 285 « 283 • « 284 u 284 *" 284, 285
« 285
« 285
« 37
« 83
148 « 150 " 235 «2M,587
805 <« 311,312
« 314 540 « ii 70 « 71
a. 7»
71 u 72
"• 16ft « 183 *• 200 *" SM ** 208 *^54,601 •*' . 313 « 314 328, 329, 330 Vol. ii. 337 « 344 " 371 « 392 " 404 « 427 « 485 **473,474 « 504 ''537,538
• mi
140 COVERTURE — CREATION OP POWERS — CREDIRIIITT CRBDITORS.
CoTBHANT — ^In charter-paity, cargo bound by • . . VoL ii. 614
UBes or UustB raised by, upon what founded . . '** 710
Valid agreement of; to convey lands how will operate . . ** 729
As to assigning, by unsealed writing ** iii. 57
To pay husband an annuity for life . . . ** 214 When, operates as a novatfon ....** 227
Not to sue one of two joint debtors, how operates " 236 To maJce warranty deed as soon as title from goyemment could be
procured ..... Vol. iil. 326— 333
COVERTURE.
OoTxnTiTRB — Liability of husband for wife's debts before . . V(^. i. 210
As to power or capacity of wife to contract during . . *^2^206
Declaration^y husband on note made to wife during . . ** 209 Fanme covert cannot bar her right of dower by release to husband
during . . • , . . ** 332 Of plaintiff or defendant may be given in evidence to disaffirm con- tract . . .V . (^ ii.484 Legal existence ofwife incorporated in that of &er husband during ** 725 Personal property accruing to wife during, vests immediately and
absolutely in husband . . " liL 397 General rule of law is, that there must be an ebtry during, to ena^
ble husband to claim tenancy by curtesy. . . ** 429
CREATION OF POWERS.
Criatior of Powbes— What necessary to create a power • . Vol. ii. 491
CREDIBILITY.
Cbsdibxlitt — Of witnesses tried by cross-examination . VoL i. 365
Of witnesses decided upon by the jury . • , . ** ii. 272
CREDIT.
CxBDXT— Bills of credit, what are . VoL i. 146 As to state emitting bills of • . . *' 146 Construction of a letter of . . . • . " 189 Given to a judgment in a state other than that in which it was ren- dered - . " 198 What, given to public acts, records and proceedings . . VoL ii 13, 14 Letter o^ by one of the firm binds all . . . , ** 361
CREDITORS,
Cbxditobs— As to debtors preferring . VoL i. 64— iii. 121, 122, 141 How may apply payment if no direction is given by debtor VoL L 16 — iL 467, 468
469— iii. 451
Right of; to sue on note not yet payable . Vol. i. 137 Giving receipt for note in payment of account creates a novation
of the debt . . « 141
What,mustshowtomakebottomrybondavalidhypothecationofship * 152
When, may unite in bill in chancery . . • " 187
Judgment, entitled to redeem an incumbrance upon lands *^ 188
CREDITORS (C0^TTINUBD).
141
Ckiditoss^ Power of chanceiy to assist judgment .
Bights of widow to dower preferred to that of
An administrator is a trustee to
liability of administrator to
As to conveyances to deAraud being void
When voluntary deed by one not indebted good ijgainst
With knowledge of conveyance cannot take advantage on count of its not being registered
Money or goods obtained by fraud on, effect of
When, may treat assignment as fraudulent and void
Assignments to ....
Agreement by, to give time to principal without consrat of surety
May follow assets into the hands of legatees and compel them to re* fond ......
Legacy given to, by debtor ....
Older to, to pay a debt out of a particular fund .
Statute does not run in cases of voluntary conveyances void against Bill filed by one in behalf of himself and other . Of a lunatic may file a bill against committee without makiag him aparty ......
Marriage settlement not recorded when void as to .
What necessary to oaake an ante-nupdal settlement void as a fraud
upon ...
Settlement after marriage in pursuance of prior agreement is good
against . - ,
How voluntary settlements are considered as to Bnle as to the rights of . As to tacking by judgment Mortgage on two funds held by one creditor Rule as to subrogation of . . .
Decisions of supreme court as to vendor's lien against When deeds of trust and mortgages are void as to Necessary interest of partner to give him preference over other Bule as to right of partner to assign partnership efiects Jfor the
benefit of ** 355
Separate note ofpartner endorsed over to, by co-partner *< 361
Efiect of sealed instrument by one partner in name of firm, to ''371
Liability of retiring partner to, if notice is sent . ToL ii. 385 — 38^
liability of dormant partner to . Vol. ii. 385, 38&
Judgment by one of two joint . " 421
Transfers of balance due firm without consent of . . ** 432^
Bule as to the right of separate creditor of one partner \o levy ^ 433
When become tenants in common with partner . ** 434
Fiat sued out by, against partners , . *< 43^
Paymentmadeto,bydebtor to the prejudice of others . ** 464
Befnsing to sign composition deed . . . " 464
Beceiptgivenby, at foot of an account . • . ** 465
L^acy by, to wife of debtor . . *< 467
Bight of mortgage, to take advantage of prescription of debtor " 48*
VoLi. isa
" 32>
•« 386
« 386
« 403
« 463
" 407
" 415
** 415
« 419
« ii oa^
« 96' "113,114 « 119 « 125
134 " 159
" 160
« ie»
" 163
« 170
« 176 tt 17^
** 18a
184
« 190
** 347
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. Vol |
U.481 |
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702 |
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705 |
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79,80 |
142 CBIMINAL LAW— CRIMINAL JURCBDICTION CHIMIN AL PROSECUTIONS
CBsriTOBs-— When, may plead prescription Rule in equity as to rights of Equity aiding in case of defective execution Power of attorney to, hy debtor . When surety will be discharged by acts of Rule as to surety standing in place of When subrogated to all the rights of . Discharge of one of several sureties by, dis<iharge8 all VoluntaYy assignment by debtora for benefit of Assent of, to assignment . . Assignitient made directly to . . ■
As to the necessity of, being technical parties to assignment Specific time prescribed for, to come in and -assent to assignment When assent of, to assignment will be presumed As to the right of insolvent debtora 'to prefer Debtor executing three several notes to, and giving deed of htnt \o
secure payment ....
As to priority of the United States over other Foreign' law relative to sissignments to As to the rights of, to attach other property of the debtor than thift
iteceived in pledge as security Effect of an attachment, as to the rights of Issuing attaiChment agaitist absent and absconding debtors in dlfibrefit
states Vol. iu. 81, 82,-84, 87, 89, 93— 06
What ci^itors may come in under sittaehitient and when Vdliii. 84
As to setting ^side lien of; in attachment on abcount of irregularity ** 88 Liability of,' for suing out a^ttachment on ^se aifidavit ' " 98
When judgment of; will be presumed satisfied . . ** 213
Right of, to have security by contract the same as by attachlneiit " 237
What necessary to render attachment vitlid as to subsequent • ^ 266
Refusing to deliver execution to officer does not discharge ball \ 282
Debt extinguished by third persons becoming respondble to , ** 341
Compounding with debton . '" 341
Judgment, cannot relinquish levy to the prejudice of purchasers . ** 416 Judgment creditor sdling property of debtor . ^ 492
CRIMINAL LAW.
Gbimzral La w— As to folse reprasenUtions Y^l. lii. 333
A« to indictment for obtaining goods by IHke pMtenoes . . ** 141
Minor proceeded against for obtaining goods under fidse preUiiefts ** 141
Aj to foigexy . . * •* 141
Aatotheentry ofano&jnittMTMi . ** 141 . CRIMINAL JimiSDIOTION.
'€uMiNAL JuBisDicTioN-^Of the Supreme court, rule as to . Vol ii. 45
Of the -circuit court, what prescribed as to . > . . « 53
Of circuit court how far final . . '* 54 CRIMINAL PROSECUTIONS.
Gbiminal pRosJBQUTioNS — Rulc of admitting evidence in . VoL 1.362
M to qualificatien of co-defendant in, to^veevidsace ^ 351
CURTESY CUSTODY— CUSTOMS. 149
Oixmii^x. P&osxoTJTzons— 4iei8ter liable to, for cruelty to vurinex ^ Vol. ii^6l9
Bnle as to the competency of tke party injured to give testimony in *' 354 Witness cannot be jcompelled to answer questions having tendency
to egqtose him to . . . . r " 365 For obtaining eignatuie to a mortgage by false pretences, what
necessary to sustain . . " iii. 333
CURTESY. OvBTtrr—<Ffinaik^yi»y,' what called by French law
TeMm^y by, of wife's tmst-estate ....
'When husband takes the estate tbsolotely for life as tenant by
Tenant by, may insist upon redemption of mortgage
How tenant by, creates forfeiture of his estate
What is* tenancy by ...
What four things reqi:^fiiite lo an estate by
What necessary to enable husband to claim tenancy by .
CUSTODY. CirsToinr— Agents anthority to discharge irom, oa efl^ecution, must be ^ilMsLy proved Ofln&nts aqd their estates by guardians
Castody and posaijMsion of .goods by officer neceesaiy to constitute amwhifWltfTftlid ......
When court of ch^cery wiU interfere and deprive &ther of costody
of his^children ,
Concealing or witbdnwing.iniiuit from proper, is contempt of conrt
CUSTOMS. Cqstoxs — Whatfincldde ..... Where, to be found . -.
^ Of what' degree of antiquity, must be to entitle them to validity What three Hnds of ....
How, known and by whom validity of, to be determined Doctrine of the law as to ioUo wing precedente What three things do rules relating to particular, regard What the seven requisites to make customs good As to, authorizing agent to depart from instructions Not unreasonable because injurious to private j)er8ons Of banks not to rectify mistakes after persons leave the r^m, how
held ' . . ' . . . . Vol. L 237-
What evidence necessary to esteblish Aa to proving, by parol evidence Relative to i^urance . .
Who to 4ecide when eviden.ce is offered for or against eotistence of As to controlling common law by special . When proof of, will be inadmissible . . . . " 289
Evidence of;. fixing cQAStruction of words *^ineviteble dangers of
river" is adpoistiblo . . - . . ** 187
Itejfing Uifhllity of carrier from that of the common law may be
pzpved V . ** IC?
|
VoLi |
.9d^ |
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C( |
400 |
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451 |
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. 74 |
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<«d89,300 |
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286 |
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144
DAMAGES.
CvsTOMs — Manner of deliyeiy by carrier may depend on Cannot influence express contiucts Mercantile instruments may be expounded according to Of banks must be reasonable, otherwise void Of banks, generally to be complied with by their customers
*' 283,234 •» 377 « 293 •* 293
DAMAGES.
Dauaqkb — Liability for, in cases of seizure of vessel Liability of principal to indemnify agent for Principal may sue for, for non-pedbnnance Liability of factor in cases of accidental Responsibility of agent for For breach of orders by agent Party liable to, for revoking submission to aibitraton Assumpsit to recover
Agent answerable in, for neglect to present bill How must be assessed in an action on foreign hill Promise of vendor to pay to his vendee On a protested bill of exchange For failure to fulfil contract As to, of accommodation endorser
Responsibility of carriers for goods entrusted to them againit low or General liability of carrier for Dibgence required of carrier in rescuing firom To goods by leaky ship To live stock, at sea . For neglect of carrier From collision of vessels Canier responsible in, for injuries of passengers A good consideration as benefit to the promisor For misrepresentation For punishment of fraud . . . , « 253
*l¥hen action will lie for, by fraudulent representation • *<' 903
For breach of covenant . •< 284
Measure of; on covenant of warranty .... '* 311,312 For use and occupation of land . • . « 34|
For slander . . * 37j(
For fraud ... . « 402
lun-keepers liable to, for not entertaining travellers • . « 404
To ship by accident . • . "497, 49i^
Aj to recovery of, by insured . . « 504
In consequence of seizure or detention . . . *< SO^
hiy worms to ship, how considered . . ^ , . 'c 924
By rats to ship . • . *( 534
M to goods sold in foreign port to repair . . • . ** Q9g,
Liability of insurer for actual, sustained . . . « 931
Rule as to qiuntum of, to constitute technical total lost . <* 543, 594
To vessel by perils of the sea YoL i. 644, 54A, SS2>
Application of rule where, is done to ship . • , VoL i fifi^
VoL i 12, 13^-u. 107--ui. 141 VoLi.33— iii. 110 VoLL 34 . « 39 •« 45
• « 65
« W
\ « W « 87
"103, 107 « 114 VoL i. 121, 124, 132 YoL L 140 «* 145 « 100 « 101 « 107
•• 173 « 170 *178,aa2 « 182 •« 223
D&JIAOBS (cONTTNUEd).
14d
I>AMAOii»^Compeiisatioii for, to ship To ship by voluntary stranding By firC) how considered As to contribution for As to, by shipwreck As to sea, under insurance . Recovery of, in action of trover . Assessment of, where one count is bad The, may be inserted in the verdict Court wiL amend a mistake of clerk in As to judgment in actions for Remedy by action against officer for .
Admiralty jurisdiction does not extend to t:ie infliction of viiidictit« Disqualification of juror to sit in action for mcmi Mitigation of, in action for libel Rule as to excessive
Rule as to, for breach of promise to many Aggravation of *
What may be shown in mitigation of Rig^t of pawnee to sue for A He ixtat will not lie in a case in the nature of Rule as to granting new trial on the ground of excesrive Excessive, in cases of slander Excessive, in cases of crim. con. Rule for setting aside verdict for smallness of . By common nuisance , .
Action on the case will lie for direct sj;>ecial , How borne by partners For breach of obligation . . •
Recovery of, of coach proprietors Contribution of partners for, in assumpsit Liability of partners in, for tort . When one partner must indemnity the other for As to joint, of partners . Liability to, under the patent law What mnist be pleaded in bar Declaration in replevin must allege . As to judgment ot^ in replevin As to claim o( for seduction • Rule as to setting off unliquidatsd Liability of sheriff to, for neglect of duty Rule as to measure of, to which sheriff is liable Rule for assessing, in cases of escape Rule as to liability of part owners of ship for For discharging mariners without cause Where master of vessel becomes liable in action for When seamen are liAl* for Actions oi; for taking c s infont to sea Liabilii^.y c^ master fo^ 'or assault and battery on i 19
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146 DAM— DATE.
X^xUAQ^s — Shippers' lien on vessel for . • VoL ii 678
Contribution for, done by collision ' . . . . " 684
As to, for sl&nder . . . *' 689, 690
Allegationof special, for breach of marriage promise . ** iii 14
Non-joinder in mitigation of . « . . . *^ \6
Am to apportionment o( on trial • • '^ 16
Who should assess plaintiff's . • <* 24
Assessment of unliquidated, by trastaiM • . . *' S4
Liability ofattomey for, for being deficient in skill . . - **. 108
liiabili^ of attorney for, for nej^igence • • ^ 109
Measure of; for ^Ksobeying client's orders . • • ** 134
Liability of carriers to, for loss of baggage • • *^ 128
As to measofd ot, in an action on promissory note • ''129
Right of endorser to recover, paid on a protested bill . . <* 133
As to measure o( for breach of contn^t . . ** 140, 141
As to, for non-payment of obligation . . • . • << 147
For breach of contract . . . • . <* 204
As to mitigation ot^ in action for libel . . . ** 211
Exemplary, for n^ligence . « . • • ** 221
When verdict will be set aside for excessive . • ** 223
For in&iligement of patent ri^t . • • ** 230
Appeal in admiralty where, are discretionary . . • ** 263
Provocation to aa assault a .ground for reduction of . • " 264
The law implies, for a conspiracy . • ** 313 As to allegation of special ....*' 314
Remedy in, Vy action of conspiracy . . • . ** 314 How, ar9 to be assessed when public property is taken for private use ** 319
Assessment of, in New York for road . . Vol iii. 320» 321, 322
For non-compliance with parol contract • • Vol iiL 325
Measuro of, hy backing water on land . ** 338
When courts of e<Luity will interfere in cases oi; for chattels . ** 346
As to, fii>m flowing land by mill-dam . . . *'432,404
As to aUigation of; in an action for slander . ** . 468
Who should assess, in an action for slander . ** 469
hM to liabiHty in, for poisoning fowls that trespass . . ** 484
Action of trover and conversion for rocoveiy of • . ** 486
BAM.
Da V—- As to, .erected across a navigable stream . • VoL iL279,280 Who have a ^ght to build .... *< iiL 215, 338
Rights and liabiliUes of owners of streams as to • • ''338,433
Presumption oflaw as to flowing land by -. • **• 484
DATE,
Days — ^Post, bank check when payable .... VoLL 89
What is necessary to state as to, in actioii on Inlls, he, • *^ 1 16
As to mistake of^ in notice . . . • . ** 128
As to taking possession of gift or gract long after the ** 415
Whenthelienofajndgment^fiom • . *** iL 23
DATS OF GRACE— DEAD BODT — ^DBAF AND DUMB ^DSBT. 147
DATS OF GRACE. Dat* or Gracb— As to, how govetned . . Vol. iii. 289, 339
DEAD BODY.
DsAD Bodies— Offence of digging up, for dissection . . Vol. iii 339
To arrest a, on a civil process ...*** 339
To sell a, of convict for dissection . 339
Pumshment for violating the sepulchre of . , . ** 339
DEAF AND DUMB.
Dkaf asd Dumb— Is a person bom, to be deemed non compos maiHt Vol L 204
DE BENE ESSE.
BiBxicbEsse — Rnle as to takinp depositions of witness 7611.366
'debt.
DBBT—Aiq[>ropiiation of payment to .... VoLi. 16
Theassignment of a judgment for, carries the . . . . *< 63 As to actions upon VoL i. 65, 66, 124^ 131, 39S, 588— iu. 260
'When guarantors are liable to pay . . . Vol i, 97
Extinguishment of a simple contract . . . ** 99, 100
Gratuitous promise to give time for payment of . « ^ 104
As to a note delivered as security for a . . . « 107
As to mortgage of property to the payment of specific . *< 188
Contracted by wife of alien husband . . *< 207
Contracted by wife of absent husband , <* 206 Husband answerable for wife's, before coverture Vol x. 210, 211, 451
Fbibearance a consideration for promise to pay . , VoLi. 215^221
Contract by an executor to pay a, of testator . . VoLi. 215
Promise by bankrupt to pay his . . . « 216
Apramise to pay, barred by statute . , . ** 216
Conditional promise to pay, barred by statute . *■ 217
Written promise of son to pay t&e, of his fiither . ** 219
Astopromiseof exiciRortopay a . . , « 220
Promise to pay, of another must be in writing . • . ** 238
As to, on a simple contract . . . . « 249
Deed of trust to secure a . . . ** 298
General devise with payment. of . . . . ** 319
Who may be admitted to prove a . • ** 349
As to competency of bankrupt to prove, due to his estate • ** 355
Attorney of record cannot discharge without payment of ** 382
liability of executor for gross neglect in not recovering a . ** 386
Guaranty of payment of . . ** 416
Asto,ofin&nts ... . . '<423,463
As to, sufficient to support a policy of life insurance • ** 590
Specific legatees bound to contribute to the payment of testator's ^ ii. 91
&itis&etion of; (due to legatee . . • ** . 96
Acknowledgment of . . . "195^126.
Safe way of pl«iding the statute id eases of; on simple contract . ** 128
As to collecting of lunatic . • « • "134
148
DEBT (continued).
Dbiit— Rule in marshalling assets for the payment of . Vol ii. 166, 1(57
Where specific legacies have heen sold for the payment of . '* 167
Power of executoiB to sell property for the payment of . . " 168
Mortgage for security of . Vol U. 170, 174, 175, 180, 185, 208
' Evidences of, assignable . . . • VoL ii. 188
May be assigned by parol . . . • • * 1^
Assignment of a mortgage ... - "199,200
Joint and several obligations of . • • • " 252
ifeezea(r«gno in cases of equitable . . •'262,263
A piromise to pay the, of a son . . • " 29L
As to the payment of partnership . Vol. u. 310, 315, 319, 324
Rule as to what is partnership . • • VoLiL352
Assignment of partnership effects for the payment of partn«T8hip ** 35G
Partpaymentby one onajoint . • . • " 363
Authority to discharge a, due to a firm . • ^ " 369
BrimSkfacu evidence of joint . . • * 3^4
Presumptive evidence of partnership ..." 375
Partnership acceptance in discharge of separate " 380
As to applying partnership property to private . . "380,381
Rule as to liability of new partner for previous, of firm . " 38S
How retiring partner may be dischai^ from "386
Rule in equity as to liability of deceased partner's estate for the, of
the firm ', . • •
"What will amount to a payment upon, to a partnership Who must join in an action for partnership To whom payment of, be made . Rule as to when legacy will operate as payment of Exceptions to rule . . . • •
Plea of non at factum in action of, on a bond Plea of nil ddfd to an action of . Plea of md tid record in an action
Letter of attorney to collect . • ^ •
Joint action of . \ ' • By whom affidavit of, ought to be made There must be mutual, to authorize a set-off To warrant a set-off there must be, inprtMmUi As to equitable and legal , ^ • •
As to separate and joint
Ruleas to setting off joint . . •
Action by a trustee to recover a, for the cerini^M frMiC A, due from the cethii qm trust cannot be set-off . As to, opposed byxway of compensation As to master binding ship for, of his owner Precedence of seaman*! claims over ship's debts An undertaking to answer for the, of another . When su^ety becomes exonerated from, pro Umto Action of; on a judgment* . . •
Action of, for penalty . . . • •
'What will amount to an assignment of •
« 402 «420,421 « 425 «* 463 ** 466 "466,467 •* 477 « 478 *« 479 ''512,513 « 561 « 562 « 565 *< 565, 566 « 567 « 568 « 571 « 672 « 572 « 576 « 612 "645,645 « 694 « 70S «iiL U « 14 « 99
DEBTOB. 149
DxBT-^Assignment of a judgment Mcollatenliecurityibr Vol. uL 60
As to assignment of a . . . Vol. iii. 61, 64, 66
As to a pledge of property to secure . . Vol. iii 67, 75
Attachment against one partner for his separate • . VoLlii. 90
Discretionary power of an attorney to collect . " 105
Extent of attorney's authority to collect . . * 107
Action against attorney for loss of . • • ** 108
.Where an attorney is liable for a, lost by his negligence • • ** 109
Attorney's lien upon a . . , . " 112
Ofadministiator to the estate of his intestate . . . *< 115
Privilege of husband from arrest Ibr . » ** 119
When a, due on account is considered as paid . • • ** 135
Where a guardian conveys to his ward real estate in payment of *^ 177
Acknowledgment of part payment of . • • • ** 213
A tender of a. secured by mortgage • • • *^ 219
As to a release of one of two joint debtors from a • . *' 236
Executor can create no, against the estate . . • <* 258
Assignment of funds by a prisoner to secure payment of . . ** 266
Payment of, by a judgment debtor . . . • ** 267
As to security of ascertained, and unascertained • * 433
As to lexiewing note for partnership, after dissolution • *' 443
Where notes are signed by three persons for a joint • . " 455 Tender of, secui^d by tnortgage after the day stipulated for payment ^ 483
DEBTOR.
DiBTOB— May direct to which account payment shall be applied . Vol. L 16
Authority of attorney to arrest . ^ 29
Unlawful measures to secure claims against . . • ** 35
When party elects to make the agent his . • "36
Assignees must give notice to • • • " 63
How may an insolvent, be discharged • • ** 64
Where the, is prosecuting mano&cturing business . . ^ ** 64
May, prefer one creditor or set of creditors . . ''64, 415 Does a bare promise by, amount to an acceptance VoL L 72— Iii. 42, 43^ 51, 53,
121, 140 • Effect of an order drawn by a, having funds in the hands of drawee VoL i. 79, 102
Liabili^ of guarantor upon fiulure of print ipal, to pay • . Vol. L 97
When creditor discharges his . . . *^ 100
Release of^ after assignment null • ** 106
The accepter is the principal, in the case of a bill '^ 135 On the &ilure of a, may his note not yet payable be put in suft • ** 137
Responsibility of sheriffs and jailers in respect to . . '** 160
As to property of a, fraudulently conveyed away . " 188
Equityjuriadiction where, has abandoned the country . ** 189
As to discharge of, under bankrupt or insolvent laws . *' 241
Plea of tender and refusal, by . ' ** 267
When, is discharged by the seizure of his goods . • ** 382
Insolvency of; what constitutes . . . VoL 1. 466— ii. 109
A creditor has an insurable interest in the life of his • . VoL i. 590
K0ect of discharging, from arrest on execution • . VoLii. 28
150 ' DEBTOR (continued).
Bebtos— As to a citation served upon a . . VoL iL 128 Acknowledgment of one joint ....** 126 Where the, has given collateral security . . " 170 As to tender of money by, to pay mortgage . " 237 When a firm become responsible as . . . • *' 367 When, is dischaiged by payment to one not authorized to receive ** 463 Payment by a, to his creditor in prejudice of other . . ** 464 Where a, procured a conveyance to the creditor from a third person ** * 565 A legacy by a creditor to the wife of the . * . " 467 Where debt is due in three instalments and the, paid the second in- stalment in error before due ' . . ^468,469 Powerof attorney given by a, to creditor . "^ ii. 513 As to right of, to set-off .... Vol ii. 566,568, 969 Rule as to the discharge of surety by giving time to . Vol. ii. 702 Verbal agreement to wait till, can go and, procure money " 704 Remedy of surety against principal . "705,706 The principal, shall not pay a second time through fault of surety . *^ 707 When action by trustees of absent, abates . ** iii. 12 Where one of several joint, is sued alone . . . ** 17 As to arrest of, in one state after being committed in another , ** 34 As to voluntary assignment by • . . . ** 42 Assignment by, when deemed a valid conveyance . . ** 46 Ais to maldng^ reservations in an assignment by ^ . . '^ 48 Right of, to stipulate in an assignment for release . ** 49 When, execute three notes and give deed of trust to secure payment *^ SI Ap express promise by, to pay assignee . . VoL iii 61, 63, 120 As to preference of U. S. demand against . • . VoL iii'64, 65 A pledge by a, of all his property, not an assignment . • VoLiii 67 Appropriation and delivery by a, of choses in action • • ** 68 Where, has pledged property to his creditor . • • . " 75 Wh%t {Moperty of a, not subject to attachment • '^ 75i 76 Attachment against absconding . . • • " 78 As to death of principa. . • • "78 Absent and absconding, in New Yoik . . • • ** 81 Any creditor may proceed against a concealed • . " - 81 As to non-resident . • • " 81 Proof of non-residence of . • • * 88 Imprisoned in New Tork in a state prison • . ** 82 Ifoy call trustees to account . . . ** 82 Property held by, as tenant in common • • . " 83 Absent and absconding, in Pennsylvania • ** 84 Proceedings against concealed and non-resident • • * 87 Absent and absconding, in South Garolina • • ^87 Absent and absconding, in North Carolina • • • *^ 89 Absent and absconding, in Kentucky . • "92 Absconding and non-resident, in Virgima • • • * 03 Absent and absconding, in Connecticut • » * 93 Absent and abscondingr, in Tennessee • • ** 94 Absent and absconding, in Maryland • • * 95
DECISXOI76. ^ 1^1
DiBTOE— Absent and absconding, in New Jersey
Right of an attorney at law to receive a bond &oxn .
As to proceedings against absent . . . • *
As to payment after judgment against, and his trustee
An assignment of property by, to defraud creditors
Brkna facie evidence of, intent to defraud . .
Wherd a, compromises a debt by paying a part .
'When, may contest an account for which a note was given
Escape of a, from the limits of the jail
Action of debt against joint ....
Where a, leaves the state after the statute begins to run •
How, may prefer bon&Jide creditors
As to release of one of two joint . ' .
As to holding, to bail . . . .
The drawer of a check is a principal .
DECISIONS. Dicisions-^Ultimately ajQTectiBg the claims of a state
In the tJ. S. supreme court . . . .
As to negotiable paper .
As to what 18 lot the, of the jury
In Massachusetts as to giving negotiable note in payment
Of the U. S. court as to demanding payment of biU
Of the courts of -Louisiana as to a malik for a name to an instrument
Of the courts of the U. S. as to the validity of bottomry bonds
Rule of, in chancery the same in all the states
Exceptions to lex loci, embarrassed by jarring
As to law of custom, found in judicial
Result of, as to jurisdiction of court of equity and law
By whom tiie question of adverse possession is to be decided .
Eqyity jurisdiction to femove impediment to fair
Relative to foreign administrator, &c. .
As to what the word " agreement" in the statute includef
Modem, relative to breaking open doors by o£^cer .
As to usage governing .....
As to ship being subject to condemnation for cairyiag contntbMd
goods . ....
Defining bamtry A$ to xiile of contribution for wages and pxoviaions of cnw during '
a detention by embargo .... "i667,568
Ai to jurisdiction of supreme court of U. S. to reverse, of ctat*
eourU . . . . VoLiL32,93,34,35,39,47
W!hen U. S. courts have no authority to reverse, of 4tate fiourtf . VoL ii. 39 Rule as to when writ of error will not lie to . . . *^ 40
What, on the subject of discretion are considered as law • " 40
Of the snprexne court require the averment of jurisdiction • ** 40
leading, as to priority of U. S. divesting a specific lien . * 109
^Qiat chancery have adopted as ^ general rule of • • ** 110
Leading, as to tacking n^ortgages - . « 170
YaHdity of, in courts of record • * • "901
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152
DBCLAR4TXON.
DsciBiOMS — All to when a new tnal will be granted . VoL iL ^273
When, of a coiporation are conclusive . . • ** 279
Ae to restoring in&nt to the custody of his fiither . ' ** 289
English, as to partnership property allowed in the U. S. "320,322 As to interior concerns of partners ..." 351
In seversl states as to effect of a promise by partner . '' 363
As to partner binding firm by deed . . . ** 370
As to liability of retiring partner . . . " 390
As to liability of deceased partner's estate for the debts of the concern '^ 402 As to contingent remainders ....** 529 As to liability of tenant for rent where the premises are fortuitously
destroyed . • ** 534
English, lelatiYe to rights of the master of a Tessel . *< • 612 Lien of mariner on the freight earned by vessel established by, in
U.S. . . . •* 647 in U. S. as to executor maintaining an action under foreign letter
of administration . * . ** 727
Ancient and modem, as to conveyance in trust . ** iii. 50
In 1840 and 1841 in several states as to assignment . , *^ 66,67,68
Belative to a prior assignment in bankruptcy under a foreign law ** 73
When, of trustees will be reviewed by supreme court . ^^ 83, 84
In 1840 and 1841 in several, as to attachment . . ** 07,98
Upon gifts to an attorney during suit . . • ^125,127
As to alteration of instruments • . . .• * 258
When there is no appeal from, of arbitrators . • • "- 264
Of supreme court of U. S. relative to bank notes ... <* 287 What will a court have regard to in its, as to future rssiden^ of
child . . . . * . « 396
When U. S. court are bound to conform to, of state courts . '^ 429
DECLARATION.
DsoLA RATION — What is the ..... Vol. L 290
What must be averred in, in an action for conspiracy . " H
As to verbal, of agent or auctioneer . . . " 36
Are the U. States bound by the, of their agents , . ''54
As to, on joint note, against one • . ** 82
What most be averred in, in an action on a note or bill . " 88, 117
As to, on a note held by a bank . . . " 96
When, contains an averment of dishonor . . " 96
A note cannot be pleaded in answer to a, upon a simple contract " 99
As to, in an action by payee and endorser against accepter • ** 104
A note must be supposed to be endorsed on the day mentioned ** 117
As to, to admit secondary evidence of a lost note . " 118
Where a bill vrai addressed to wrong name but presented right ** 120
In an action on protested bill of exchange . . « 123 At to the omissidn of the place where payable in a, on a promissory
note ''ISO
As to, on a bond . «' 150
Effect of a, of a common carrier that ^e was not to be responsible * 164 As to, by husband and wiib ....*' 909
DECLARATION (CONTINUED).
DsoLABATiOM— ConsidereUon mnst be stated on, in in action on contnct What must be laid in, on promise Effect of the express, of the party . . What, on promise to marry must state Contemporaneous, in contract Averment of performance in
In what actions must the plaintiff lay his, in the eotmty As to different counts in Court will do what they can to fiivor What is sufficient .... VoLi
Where two, are filed .' . . .
Can there be a demurrer and plea to tke same part of On an endorsement on note
By an heir . . . '. , .
Variance in .... •
l^n special agreement ....
Of intention to deliver deed C^n the effects of a deed be limited by the Of grantor of deed • . . •
Demurrer to « • .
In an action of ejectment .... As to allowing amendments to, in action of ejeetuMnt As to possession when, was served
Of a supposed agent ..... As to dying, as evidence .... Of tbe wife as evidence ....
Ofdeceased members of the &mily . • •
Evidence to falsify ..... As to, in criminal prosecutions Proof o^ of war by a foreign government ••
A legal, of a man's intentions Ai to admission of a statement as a, mi arUciJo mmtia Of plaintiff against an infisint
In a case of insurance ....
In assumpsit on policy of insurance . . •
Rule where one of the counts in, is bad When, sets out a defective title
Ai to rules directing the filing of . . •
As to sum alleged in, to be due Averment in, as to jurisdiction Necessary statement in, in an action for libel . General rules, by supreme court
When recourse may be had to acts and, to ascertain possession Necessary allegation in, to avoid statute What itiust be alleged in, for malicious prosecution Mandamus answers to the, in other suits . For breach of promise to marry Allegations in, must be supported Variance between, and proof
Rule where, does not contain sufficient cause of action 20
153
Vol. i. 214 « 200 « 228 « 228 « 233 "262,266 « 290 « 290 « 290 291, 292, 293
VoL i. 291 « 291 « 292 * 29S •* 292 •« 297 " 302 « 308 « 309 •314,315 •« 337 « diO « 341 ** 345 « 346 ^'352,360 « 3SS ** 362 « 362 « 372 « 383 <" 444 - 4(H « 526 « 5S8 « ii. 26 « 26
« 31
u 41
ic 40 *< 104, 105
« 108
« 115
« 128
« 136
" 140
« 164
« 239
« 281
« 285>
154 DBCBUB.
PspLASATioN— Ab to a, bj {Mitner . VbLiL389
In an action against one partner ....<< 404 Asto, ofpat^tee . . . , ** 461
As to, on a promissojy note . . • Vol. ii 470, 47;^iii. 135
On demurrer ..... Vol. ii. 470, 523
In covenant . . . • ' . ** 474
When the whole, is pnt in issue • • . , ^ 479
As to cause of action mentioned in the . . . ** 480
Pleading non aumnptU it^fra ux aimiM to a, on promise of indeomity " 481 Necessary allegation in a, in replevin . • . ** 544
.Variance between writ and . Vol. iL «MiS— VoL iii. IS
A writ of flctrv/acitu used as a . ' • VoLii. 902
Averment in, for seduction . . . ** 563
** 577 "iiL 17 « 18
« 18,28 « 24
« 25
« 45
« 147 ** 275 « 274 288 **289,334 « 314 « 327
Writs and, put in the sheriff's hands for service . •
Plea of non-joinder in abatement to.
How defect in, is obviated ....
A mistake in, how taken advantage of
On a demurrer to plea in abatement
As to, frc., in the courts of the U. SL .
Whatamountsto, of trust ....
Of grantor after parting with his title
What may be shown upon a •
As to, in chief before special bail
A bad plea is a sufficient answer to a bad
Necessary aveiment of demand in •
When, need not allege special damages
On a covenant . .
As to, on simple contract • ** 330
Fonnof, inanactionoftiKiefrtta<MaMiimfMit ** 340
Onpolicy of life insurance ....** 414
As to general, of third persons .... 507
DECREE.
PscBBS — Final, in chancery .... VoILl],104
Interlocutory, in chancery . . . • ^ 11,104
Where the court of chanceiy will, compensation . • Yd. L 190 As to a, dismissing part of bill ....** 191
disobedience of a, of a chanceiy court . • • ** 193
As to new matters diseoverkl after, was made . • * 193
As to appeals from interlocutory . *. . * 103
Kay the chancellor giant an appeal £rom his own . ** 194
Who may appeal fiom a . . . m ^ 194
Bight of appeal limited to final . . . . ^ 194
Right of party to open for consideration all prior or inteiloeutOTy .** 195
Rif^htof wife to money due on a, in chanceiy ^ . , ^ 909
Whenequitywill, performance of a contract . • "211,451
To compel a conveyance . . • • '* 238
As to, in equity to relieve against usury . • • f 244
Parties to an interlocutory . • • • * 5t9B A, against devisees .••••" 5t9B
: SCREE (CONTmUED).
155
DicsKS — Ai to iwiie of marriage declared nuU by
Right of parties to relief bjT «
Attachment of dower where marriage is voidable by
As to such interest of land as will be bound by
Liability oradministrator at the time of final
When an ezecut6r will be*, to account
As to executors of a purchaser under a
Belief by, as to statute limitations
As to a, of restitution' in technical total loss
Rule as to authority of vic^-admiialty to, the sale of a snip
As to title of a person Claiming a .
As to action at Uw on a, of a court of equity
Of a district court of the U. S.
'Where a, is revenible only by an appellate court
A^ in chancery is as conclusive as a judgment at law
Holder'of a juniof mortgage not bound by, of foreclosure
Efiect of a, of a court of equity of a state
What is understood by fin&l judgment or .
As to appeal from fin^l . .
As to writ of error from final judgment or
1^ to satisfiiction of a prior
in order to sustain an appeal the, must be final
As to a mandate by supreme court revising a
When a, of a circuit court'is not final
When a court would not hesitate to . .
As to a trust arising from a, of a court of equity
Elfect of, as to statute of limitations .
Effect of a, where one is an infant
When a purehaser is bound by
As to a, declaring marriage void
Distinction taken in courts of equity as to
Judicial, as to mortgage
Up to the time of the, the party may tack
When mortgage will be, to be recorded
As to, of foreclosure of mortgage Vol. ii. 197,
When the court will, a sale .
Manner of efifecting sales under a, of the court
Where lands are, to be sold on a bill in chanceiy
As to a purehase under a void
Rights of mortgager up to time of final I As to relief by a special
Where by, the equity of redemption is barred .
When a writ of fie txeai may be granted prior to a, ^r
Fiocess to compel the performance of the final
Court of equity may, a partition
As to a supplemental bill to carry, into execution
Af to adjusting rights of parties by, in cases of partition
At to a pen^n becoming a partner by, of equity
When comr. of equity will, a specific performance
Vol. i. 327 "298,300 « 328
« 387
388
Vol. i. 405— ii. 120
. VoL L 544
« 549
. " U. »
« 14
" 17,54
« SO
24
•* 25
" 32,33
. "39,55 39 42
•* 43 . * 43
« 43 . " 48
« 117 . ••123,125
«*120,130 • " 132
*• 145, 145 . « 158
« 170 . « 17^
" X^l
200, 201, 204, 209, 213, 222
. Vol ii. 197
"202,203 . « 20&
« 20© . « 211
•* 237
alimony
« 263
- 264
, " 294
f* 295
« 296
Vol. ii. 315— iiL 23d
• ii. 336-4ii 246
156
DECRETA — ^DfiDIMUS POTE8TATEM — ^DEKD.
Dbcrbs-- Ab to fccU of paitnen which wuiant, of disic liition Whose rights may be afiected by, in equity Dissolution of paitnenhip by judicial When equity will, an account at suit of partner • 3lode of proceeding after an account is When equity will assist a settlement by, sale When court will, an equal distribution A tare facias on a, against an executor As to setting off a
When court of admiralty will, sale of ship Hiile in entering a, in admiralty . Sale of ship under, in admiralty When coort of admiralty will, restitution D«ath of a party does not vitiate a, in admiralty . Writ of error to reverse, in chancery Is not a, in chancery transferable
When, of foreclosure will not affect attaching creditor's rights Aj to, of sale against absent debtor What no bar to, for alimony As to conveyances to an attorney As to title by, of conveyance As to, of divorce ... A court of chancery may, marriage ceremony void When bill of review to, will lie A0 to a deed by master under a, of foreclosure How courts of equity may adjust their For the special performance of a contract . When court will not, probate
DECRETA. Deo BETA — Definition of, in the Athenian laws Emperors enacted their laws by
DEDIMUS POTESTATEM.
Dedihus Potestatem — As to depositions taken uncer
DEED. Dees — What is .... ,
Authority of agent may be created by ' A3 to authority of attorney to convey lands by
When release must be by
Transfer by, of bargain and sale
Subscribing no essential part of a
Delivery of, by words without any act
Relief against mistakes in
Ib a, of bargain and sale by infant void
Conveyance of land by, to femme soU and in&nt
What incapacity of mind will avoid a, at law .
As to, of separation between husband and wife
Can the husband convey lands directly by, to wifr
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D£Eb (cONTINUBD).
167
Dn]>— As to eonndention iMtweeD parties to a . What a sufficient consideration in Rule for constructing the language in a . Pltzol agreement merged in . Bepndiation for want of due delivery of . . Can parol agreement make, of conveyance a mortgage As to a, to secora a usurious loan Given by a man to a woman living in adultery . As to a delivery or tender of Consideration expressed in . Signed by president and cashier of a corporation As to proofed from a public hospital . As to, by a committee of a corporation A covenant can only be created by a . Of what does a, consist Does not the title pass by the Ambiguity in, how explained Several grantors .... As to sealing . . . • .
When seal is wanting to a . Of land to be afterwards designated Of bargain and sale to take effect imfiamro ITsual form of; in the United Stotes Of a Imhi eoeipot fiMfiliff
Validity o( when grantee is not called by tme name Mistake in name of party to To husband and wife in fee .
Will parol ratification give validity Power to make ....
When assent of grantee to, is to be presumed ShtfnA .....
By agent after death of principal . Remedy when, is not recorded Acknowledgment o^ bffimme eovwt . Of tL/emme covert Of trust to secura a debt
When, is executed to two or more and one dissents . By an administrator
AJs to recitals in ....
By an executor .... Vbtice of encumbrance . By t person out of possession Is the delivery of, necessary . •
Evidence of delivery of . . •
As to acceptance of . • • •
Delivery of, as an etereie . • « •
Necessary to be read . • • •
Delivery of, by acts . • •
Acceptance of, prssumed • • ' •
VoL i. a?
« 231
" 231
« 233
*" 248
« 251
« 260
K 268
« 277
« 279
« 280
« 283
« 294
« 294
•* 204 »994,29&
« 295^
" 296^
« 20^
*« 296"
•• 29T
« 297
•• 297
•* 297
• 297 « 297 « 29T "298,311 « 29S « 29^ « 296. •• 298? « 29S " 299 •* 299 «* 299» « 29(^ « 299 •* 299 « 300* « 800
• 3«^ « 300
• 301 " 301
• sot
168
DEED (ooITTIKUEd);
j> — ^What is equivalent to a tender of As to declaration of intention to deliver . What is requited to make, valid against bonafiU puschasers Not valid if not recorded . Vol.
Upon what does the mode ofproof, kc^ of, depend Does recording give preference where paitj had kcowledge
ibnner . . • .
Money consideration in As to the words ** has haigained and sold" in Consideration expressed in Consideration of; must he good or valuable Has hecome matter of fonn in Consideration may be subjoined to Description in, as to fixed monuments Description in, as to quantity Description, of land by name Description, by definite boundaries Voluntary, when valid . Cancellation of
As to production of patent to prove When may void, be read in evidence . rhirty yean old
Can effects of, read be limited by declantioii Proof of hand-writing of Evidence to establish contents of lost . Is positive proof of hand-writing expected when, is lost Jurisdiction of court in the probate of . Can, be avoided by parol evidence of usury Declaration of grantor Pkuol evidence to explain latent ambiguity in To indemniiy the aheriff Obtained by duress
Erasures and alterations made after the ciecntioa of Presumption in cases of erasure or alteration of Question as to erasures and alterations in Seal torn off .
When the, is. void, a question of &ct . As to date of .
Of conveyance by metes and bounds . As to several; of the same date how construed Must be pleaded with a profert Covenant upon a breach of seisin Construction of, a question of law Rule as to construing . To whom does it beloi)g to cons^e . When two clauses in, are repugnant . ^ Allegation of drunkenness to invalidate Jurisdiction of equity as to discoveiy of An threats sufficient to avoid
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DBED (cONTINUBD)
159
Doi>— iTViieii, may be prevtuned .
Parol evidence to explain or cany, into effect Parol to show that, absolute on the face of it was intended to be con- ditional ......
When, will be held valid as mortgage
May a man aver against his own . . . .
As to taking possession long after the date of
Can the husband convey lands by, directly to the wile .
Aa to, hyfimme covert .....
By in&nt husband and wife . . . / •
Power of coart of equity to grant relief against
Effect of ai> assignment on, of conveyance
Entty on land under color of title by
Of marriage settlement . . . •
Absolute on its face intended as a mortgage . VoL ii.
Deposit of title .....
As to, of trust not recorded
How must a, absolute intended as a mortgage be recorded
As to registiy of mortgage
Mortgage, to secure bond . •
Title vested by, of mortgage
Equity of redemption in fee conveyed by
As to a txansfer of goods by
Mistake of law not a ground for reforming
When equity will supply omissions in •
A, to a co-paitnenhip
A partner cannot charge a firm by
When a partner may execute, for the firm
RnW aa to dissolution where partnenhip is constituted by
Variance in recitation'of, in pleading .
Where setreral powers have been given by the same .
As to power of attorney to execute
When vested remainders pass by, without livery
Replevin does not lie for, and chorten
Where there are no monuments, land must be bounded by courses
and distances mentioned As to validity of^ of assignment Assignment o^ of trust . Assignment of a mortgage must be by . When attorney cannot be compelled to produce As to proving contents of, when lost . .
Presumption of law as to, of assignment Delivery of, to cleric to be recorded, how conndered . Where, of gift was set aside as fraudulent What a clerk must allege in taking the acknowledgment of Whep sealing and delivering of, will be inferred < .
Erasure of, after the signing
As t9 any alteration in, without authority . •
Uncertainty of description in sheriff's
Vol. 1397, an
•378,380
« 378 ** 379 «^ 408 « 415 « 451 « -452 «* 463 « ii. 23 ** 113 « 117 **!!», 160 171, 172, 191 172, 173» 197 VoL ii. 190 «* 191 ** 19^ ** 201 « 202 « 211 *• 927 a 242 «« 253 « 323
* 391
«» 473
« 506
« 512
•* 531
« 543
** 554 "liT. 51
« 57
« 60
« 110
«* 111
« 121
« 121
« 142
« 142
** 142
« 142 ~ 148, 143
160
DB FACTO— DEFALCATIONS — DXFAULT.
DssD— As Id the itatement of a ^t in •
As to evidence of a contract of sale which it included in, of aaugn- ment ......
Where, of mortgage was not delivered nntil alter the hankmptey of mortgager ......
Ab to recitals in . . .
Where a grantee ToIuntariTy destroys his
Attorney constituted by ....
How all, are to be construed ....
• When two clauses in, stand in contradiction Against whom shall all, be taken most strongly Teims of description employed in, to ascertain the thing gnmted When title passes by, executed by master under decree . Mistake in, how proved As to descriptions in mortgage By whom can a, or contract be avoided for usury
DE FACTO.
Db Facto— Quo wwrramto against a body corporate .
When dower belongs to a wife ....
DEFALCATIONS. J>nrALCATioM8~*As to applying payment to the extinguishment of
DEFAULT. Dsvi ui.1^— Where no real injury has been sustained by . Effect of, in making acceptance in due time Liability of drawer of a bill in, of drawee . As to writ of inquiry of judgment by . Liability pf maker and accepter for costs in, of payment As to promise to answer for, of another When a bank is answerable for, in giving notice to endorser As to, in payment of annual interest . As to notice of, to endorser ....
When note is lost or destroyed without, of party How a loss is considered when there is no, of carrier As to damages through neglect or . As to damage to passengers without As to decrees in equity by consent or As to money paid on parol contiact for sale of land when tnere iA
no, of vendor . ^ .
As to forfeiture of charter by corporation for Landlord may defend an action of ejectment before a, agajist the
ejector .....
As to one who suffers judgment by, upon indictment kk to wilful, of administrator Gross negligence amounting to wilful, by executor . Ground of action to chaige executor for Allegation of wilful, by executor
Yeiiii. 143
« 147
" 21S
« 233
" 200
« 285
« 349
** 345
*^ 345
« 346
« 340
« 346
•* 433
« 492
VoLi.J
328
VoLii.460
Vol. i. 41, 44
« 75
« 90
« 102
« 104
« 110
« 111
« 120
« 124
<* 126
« 173:
« 176*
« 179«
•* IMa
*^23t*232^
« 182?
« 340»
* 35;
* 3Bt^ « 88r « 388
* 38V
UEFAULT (continued).
161
DsTAULT — Goaiantee answerable for, of third person Ain^^ment to answer for, of another person Shall an innkeeper be charged if there be no Who shall determine as to, of pilot Neglect or, of a statute pilot Common, of proprietois in joint character . Where collision happens through, of the other vessel Loss by, of captain of vessel
As to judgments by ... .
Jurisdiction of supreme court to enter judgments by Challenge to the array for, of sheriff . Rule as to conditions to personal legacies when there is no, of party When publication of libel is admitted by As to refusal of judge to set aside a judgment by . •
As to judgment by, against executor . Right of mortgager in equity until barred by own • •
Power of creditor in, of payment Effect of an agreement to purchase in case of Where rents and profits are lost by wilful, of mortgagee . A power given to mortgagee to sell on . • A trustee for sale in, of payment of mortgage money Practice in England to insert in mortgage a power to sell on • Decree of foreclosure subject to order of court upon As to power of mortgager be&re' . . .
Effect of, as to reconveyance Rule as to right of pledgee to sell upon, of payment . ^ V^ere a thing pledged perish without
As to, or conversion by pawnee .... Pledgee cannot appropriate the property to himself upon, of pledger When pawnee ought to show that he was in no The, for which pawnee may render himself liable As to relief in equity in cases of mistake without Effisct of^ in pleading ..... Power vdth limitation over in . . .
As to powers with estates limited in • . .
Of appointment .... yoLii.fl07,
Averment as to
Repleader cannot be awarded after a, at mri priut Averment that principal was called and made As to judgment by, upon return of $cirefacia$ . As to, of contribution by ship owners Pilot answerable for his, or negligence > .
As to, of owners of goods ....
As to, of ship ..... As to special promise to answer for, of another When plaintiff may treat a plea as a nullity and enter a • Judgment by, may be taken against garnishee for want of appearance Remedy of irregular return after judgment by . When coi-rt may set aside judgment by 21
Vol i. 416 " 419 ** 465 «* 507 « 509 « 513 « 520 « 581 « ii. 9 " 31 « 63 « 83 « 106 •« 139 . " 168 « 170 « 170 « 174 « 186 « 196 « 196 « 197 « 201 « 207 « 214,215 u 222 ^ 224 « 225 (* 225, 226 •* 230 « 232 « 250 « 479 « 506 « 506 508,510,524 VoLiL 523 « 540 « 559 « 561 « 591 « 651 « 668, 686 «668,66<> « 696 « iii. 21 « 88 * 91 " 90
162
DR7CASANCC — D KFECTIVE — DEFANCK.
Dx7AU(.Tv— When judgment by, will be reverped hj writ of enor Attorney in no, until he receives orders Am to, in payment of a chattel mortgage As to judgment by, against part of defendants When defendant must plead de novo to prevent When plaintiff may take a . .
When court cannot orjer* to be entered Where there, is no imputation of negligence or
DEFEASANCE.
Dbfsasahcb— Omission of, through fraud or jBodala]^ By agreemMit vesting in parol Bond oi^ to a mortgage need not be reeoided Where no written, was executed When holder of mortgage may execute As to a defeasible title it mnrtgagie •
DEFECTIVE. OflVicTiTs— Where gooda perished by some internal defect Practice of cpurt where declaration ia Where pleading if in substance Demurrer in.refpcfft,in4aed Rule as io defect pf religioas pxinciplo Vendor of goods bound to* disclose latent defeet As to, anchor and. cable of vessel What if defeat be unknown to owners
VoLiii. Vt
« 109
» 219
•* 261
« 272
«* 273
« 321
" 455
Vol. i. 378 « • 379 " U. 190 « 191 •* 191 « 228
. Vol. i. 174
Vol.i.222— iiL24
" 314,315,316
Vol. i. 315
« 346
« 402
•• 506
« 506
What if defect be .subsequently cured and utteTyru^ ^ disaster hap- pened. • . ^ 507 Defectivsorifl^pioperseroceofwrit '^ ijL 21 . When attachment bond is fetalis • . . . <^ 97
DEFENCE. .
Ot^VBHOB — Agents, for not making insurance . VdL i 41
A» to, at law to an action on bond ... *' 149 As to, of carrier for loss of goods ..." 174
D]aeoyex9SZQat{HH to .... " 188
May/party himself set upfioncompo«fnatfu as • *■ 203
Asto, of action on sealed contract ... ^ 222
As'to, to action for breach of marriage promise * 229
Rule as to what constitutes a good, in every place " 241
Drunkenness as a ground of . . . « 333
What, a defendant is precluded from setting up . "341
What must distributee prove in . . <* 385
Asto, of executor (2e son tort ... ^ 390
Asto homicide when committed in . . . ** 445
What a sufficient, for rescinding marriage engagemen • ** 4x>3
When infancy is a good, to an action . • ' ** 463
When vessel may deviate for the purpose of . . * Q3S
Appearance and, by defendant • * IL 14
DEFENDANT.
163
DiFXHCB — As to, of an eqnitable natare
Where all aided in, of auit against slieriff . •
The, of a lunatic may be by attorney •
"What will amount to a good* • «
A good plea in . ' . •
As to good, by plea • «
When, admissible xmder general issue Plea setting forth the evidence relied on for What might render, bad . t Whata waiver of any legal
Piartiee not precluded from being set n]^ in
What, garnishee is entitled t6 make
Attorney not permitted to set up his ignofanoe afl
When entitled to come in and mahe
As to, against suit for divorce
What defendant must establish in
Wh^t is no, to actibn against acceptor
Where defendant through negligence ^ed \6 make
Affidavit oi, to part of claim
When plaintiff's neglect to demand is no
What no, for bail ....
What may b^shown in
As to a sufficient, to writ of attachment
DEFENDANT. •
• VoLii. 16
« 17
• « 133 " 165 « 287 « 344
. « 375
« 479
•* 473
« 477
yoLiii/63,429
« 89,91
. •* 103
** 113
. « 115
« 130
. «* 133 «146,228
* 258
I. sea
« 279
« 280
« 351
TbL
IhtyxiiDAiiT — Abatement where real parties are not all joined as
The, proceeded against mast answer for whole amount .
When plaintiff can have the benefit oC oath
What held a good acceptance by
Liability of, in an action on foreign bill ' .
When, cannot require proof of consideration for note
If sheriff take a note and discharge
The, having ordered plaintiff to purchase salt for them and draw for the amount
Can the, put the plaintiff on the proof of his right to note
Where, admits a lost note to have existed
May, prove payment of note by parol evidence
fin debt on a bond if, crave oyer and then plead conditions performed
When, has his election to pay penalty or principal and interest
Where the burden of proof is thrown upon . Tol.
A, in equity who has obtained a patent of land not included in^s entry ......
Where Ihe ground of equitable jurisdiction depends on thi6 disclos- ures of .
Where, is bound to establish his assertions
Answer to amended bill in chancery
As to amending bill after, have answered
Where two have appeared and pleaded one entry
Ab to entering judgment against, who confessed'
L9— iii. 9 Vol. L 9 « 43 «• ■ 73 « 81, 103 « 114 « 116
« 124
« 142
«« 143
« 144
« 150
« 151 182— ii. 136
Vol. L 188
•* ;89
** 191
« 192
« 192
« 195
« 195
162 DEFEASANCE — DEFECTIVE — DEFENCE.
DxFA UL i>— When judgment by, will be reversed hj writ of enor Vol. iii. ©7
Attorney in no, until he receives orders . , ** 109
As to, in payment of a chattel mortgage . ^ 219
As to judgment by, against part of defendants . . ** 261
When defendant must plead de novo to prevent . *^ 273
When plaintiff noay take a . . '* 273
When court cannot orjer* to be enterod . *' 321
Where there, is no imputation of negligence or '* 4d5
DEFEASANCE.
DsFSASAHCB— Omission of, through fraud 01 jaaictaJsa • • Vol. ,i. 378
By agreement posting in parol " ' 379
Bond of) to a moftgage need not be reconld4 • « . . . '* ii. 190
Where no written, was executed . . ''191
When holder of mortgage may execute . " 191
As to a defeasible title in mortgage . • . ''228
DEFECTIVE. OflViCTiTx—:WheTe goods perished by some internal defect • Vol.1 174 Practice of court where declaration is . Vol i. 222 — iiL24 Where pleading i^ in suhftaace ..." 314,315,316 Demurrer in.rHq|ici8t,>in4ieed .... VoL 1. 315 Rule asio delect pf religious principle " 346 Vendor of goods bound to* disclose bitent defeet " 402 ' As to, anchor and cable of vessel . " 506 What if defect be unknown to owners ..." 506 What if .defect be .subsequently cured and afteriwards «i disaster hap- pened. . . " 507 Defect! V0 or ijg^pioper'seKvico of writ * iiL 31 . When attachment bond is felallyi • "97
DEFENCE. .
Ot^ysMOB — Agents, for not making insurance V61. i 41
As to, at law to an action on bond ... '^ 149 As to, of carrier for loss of goods ..." 174
Diaeoyei^inatpxiBd to .... " 188
May; party himself set up nan compo$ mentis as • " 203
Asto, of action on sealed contract ... " 222
A»to, to action for breach of marriage promise " 229
Ruie as to what constitutes a good, in eveiy place " 241
Drunkenness as a ground of . . . " 333
What, a defendant is precluded from setting up " 341
What must distributee prove in . " 385
As to, of executor (ie son tort ... " 390
As to homicide when committed in ... " 445
What a sufficient, for rescinding marriage engagemen • " 4^>3
When infency is a good, to an action . . ' " 463
When vessel may deviate for the pwpose of . " 1138
Appearance and, by defendant • " tL 14
DEFENDANT.
163
Dbfikos— As to, of an equitable nature
Where all aided in, of suit against sjieriff . •
The, of a lunatic may be by attorney •
Ifhat will amount to a good •
A good plea in ...» As to good, by plea . . • .
When, admissible under general istue Plea setting forth the evidence relied on for What might render, bad •
/ Whata waiver of any legal
Piartiee not precluded from being set U]^ in
What, garnishee is entitled to make
Attorney not permitted to set up his ignoranoe afl
When entitled to come in and mahe
As to, against suit for divorce
What defendant must establish in
Wh^t is BO, to actibn against acceptor
Where defendant through negligence ^ed to make
Af&davit o^ to part of claim
When plaintiff's neglect to demand is no
What no, for bail ....
What may b^3hown in
As to a sufficient, to writ of attachment
J>£F£N]>ANT. •
VoLii. 16
« IT
« 133
« 165
« 287
« 344
« 375
« 472
" 473
« 477 yoLiii.^429
« 89,91
*« 103
» 113
** 115
« 130
« 133 "146,228
tt 258
I. acft
« 279
« 280
« 351
Vol.
IhcTsnnAiiT— Abatement where real parties are not all joined as
The, proceeded against mast answer for whole amotittt .
When plaintiff can have the benefit ot oath
What held a good acceptance by
Liability o^ in an action on foreign bill '
When, cannot require proof of consideration for note
If sheriff take s note and discharge
The, having ordered plaintiff to purchase salt for them and draw for the amount
Ctm the, put the plaintiff on the proof of his right to note
Where, admits a lost note to have existed
May, prove payment of note by parol evidence
£i debt on a bond if, crave oyer and then plead conditions performed
When, has his election to pay penalty or principal and interest
Where the burden of proof is tbrovm upon . Tbl.
A, in equity who has obtained a patent of land not included in^s entry ......
Where the ground of equitable jurisdiction depends on the disclos- ures of ......
Where, is bound to establish his assertions
Answer to amended bill in chanceiy
As to amending bill after, have answered
Where two have appeared and pleaded one entr]r
Am to tntering judgment against, who confessed'
L9— liL 9 VoLL 9 « 43 *^' 73 « 81, 103 « 114 « 116
. « 124
« 142
« 143
«•• 144
« 150
« 151
182— u. 136
Vol. L 188
** 191
« 192
** 192
« 195
« 195
162 DEFEASANCE — D KFECTIVE — ^DEFENCB.
DxrAULiv— When judgment by, will be reverM by writ of enor Attorney in no, until he receives orders As to, in payment of a chattel mortgage Asto judgment by, against part of defendants When defendant must plead dt novo to prevent When plaintiff may take a . . .
When court cannot or^r, to be enterod Where there, is no imputation of negligence or
DEFEASANCE.
Dbfsabahcb— Omission of, through fraud or jBiifUkB By agreement resting in parol Bond ol^ to a mortgage need not be recoiidd4 Where no written, was exeeuted When holder of mortgage may execute As to a defeasible title in mortgage
DEFECTIVE. OflVioTivx— rWhere goods perished by some intenial defect Practice of cpurt where declaration it Where pleading is in substance Demurrer in.refpcfft»ii|.4»ed . Rule as So defect pf religjoui principle Tendor of goods bound to- disclose latent dafeet Aj to, anchor and. cable of vessel What if defeat be unk^iown to owners . What if defect be .subsequently cured and afteziwaida «t disaster hap- pened. • • • ■ . Defectivs or iappioper seroce of writ . When attachment bond is feiallyi
DEFENCE. >
Ot^FBMOB-— Agents, for not making insurance A» to, at law to an action on bond As to, of carrier for loss of goods D]Moyex9^zQat{HH to ....
May; party himself set up mm compos menH$ as As. to, of action on sealed contract A»to, to action for breach of marriage promise Rule as to what constitutes a good, in every place Drunkenness as a ground of . What, a defendant is precluded from setting up What must distributee prove in . As to, of executor (ie son tort Asto homicide when committed in What a sufficient, for rescinding marriage engagemen • When infancy is a good, to a.n action When vessel may deviate for the pwpose of Appearance and, by defendant •
|
VoLui. »7 |
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|
u |
109 |
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» |
219 |
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u |
261 |
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• |
272 |
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<c |
273 |
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« |
321 |
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K |
455 |
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. Vol. |
1.378 |
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u |
• 379 |
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., « |
ii. 190 |
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44 |
191 |
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M |
191 |
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€C. |
228 |
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. Vol. |
1174 |
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Vol.i.222— iiLa4 |
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" 314,3X5,316 |
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VoL i. 315 |
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u |
346 |
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u |
402 |
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41 |
506 |
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« |
506 |
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!iap- « |
507 |
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«iiL 91 |
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C( |
97 |
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V61. |
i 41 |
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149 |
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174 |
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1S8 |
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203 |
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222 |
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229 |
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241 |
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333 |
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341 |
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385 |
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390 |
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44d |
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4^ |
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463 |
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538 |
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« iL 14 |
n
DEFENDANT.
163
DxvBiicc— As to, of an equitable natiue
Where all aided in, of suit against s^xerifT • «
The, of a lunatic may be by attorney •
"What will amount to a good • <
A good plea in . .
As to good, by plea . . . .
When, admissible under general istne Plea setting forth the evidence relied on for What migiht render, bad t Whata waiver of any legal
Parties not precluded from being set up in '
Wluit, garnishee is entitled to make
Attorney not permitted to set up his ignoraaoe tm
When entitled to come in and mahe
As to, against suit for divorce
What defendant must establish in
Whit is no, to actibn against acceptor
Where defendant through negligence fiuled to make
Aiftdavit of, to part of claim •
When plaintiff's neglect to demand is no
What no, for bail ....
What may b^^own in . . .
As to a sufficient, to writ of attachment
P£F£1«I>ANT. •
VoLlL 16
« IT
« 133
« 165
« 287
« 344
« 375
« 472
« 473
« 477 yoLiii.^429
« 89,01
" 103
« U3
« 115
« 130
» 133 "146,228
tt 258
*« 266
« 279
« 280
* 351
TbL
DmROAiiT— Abatement where real parties are not all joined ai
The, proceeded against mast answer for whole amount .
When plaintiff can have the benefit oC oath
What held a good acceptance by .
Liability o( in an action on foreign bill ' .
When, cannot require proof of consideration for note
If sheriff take a note and discharge
The, having ordered plaintiff to purchase salt for them and draw for the amount
Can the, put the plaintiff on the proof of his right to note
Where, admits a lost note to have existed
May, pro^ payment of note by parol evidence
£i debt on a bond if, crave oyer and then plead conditions performed
When, has his election to pay penalty or principal and interest
Where the burden of proof is thrown upon . Tol.
A, in equity who has obtained a patent of land not included in^s entry ......
Where the ground of equitable jurisdiction depends on the disclos- ures of .
Where, is'bound to establish his assertions
Answer to amended bill in chancery
As to amending bill after, have answered
Where two have appeared and pleaded one entsj
As to «ntering judgment against, who confessed'
L9— ill 9 VoLi 9
*^' 73 « 81, 103 « 114 « 116
. « 124
« 142
« 143
« 144
« 150
« 151 182-4i.l36
Vol. L 188
- 189
« 191
«« 192
« 192
• 195
« 195
162 DEFEASANCE — D EFECTIVE — DEFANCK.
DxFAULiv— When judgment by, will be reversed hjr writ of enor Attorney in no, until he receives orders As to, in payment of a chattel mortgage As to judgment by, against part of defendants When defendant must plead de novo to prevent When plaintiff noay take a When court cannot orjext to be entered Where there, is no imputation of negligence or
DEFEASANCE.
Dbfsabancb— Omission of, through fraud or jBiiaUke
By agreemwitnaling in parol .... Bond ol^ to a mortgage need not be leeoided Where no written, was executed When holder of mortgage may execute As to a defeasible title it mortgage
DEFECTIVE. OflVicnvB^-TWhere goods perished by some internal defect Practice of cpurt where declaration is Where pleading is in substance Demurrer in.ie«pci8t, in fdeed ....
Rule as .to defect pf leligioui principle Vendor of goods bound to* disclose latent dafeet As to, anchor and. cable of vessel What if defeat be unknown to owners
What if defect be subsequently cured and afteriwaids «i disaster hap- pened. .....
I>efecttvs or ijg^psoper seroce of writ When attachment bond is iataliyi
DEFENCE. ~
O^FBMOB-— Agents, for not making insurance As to, at law to an action on bond As to, of carrier for loss of goods
Diaeoyex9Sinat{9ri^ to ....
May; party himself set up non compo$ mentis as •
As- to, of action on sealed contract As>to, to action for breach of marriage promise Rule as to what constitutes a good, in every place Drunkenness as a ground of . What, a defendant is precluded from setting up What must distributee prove in . As to, of executor (2e son tort As'to homicide when committed in What a sufficient, for rescinding marriage engagemen When infancy is a good, to an action When vessel may deviate for the pwpose of . , ^ SdS
Appearance and, by defendant • * ii 14
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Vol. |
ill. 9! |
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u |
109 |
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a |
219 |
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a |
261 |
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« • |
272 |
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€1 |
273 |
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tt |
321 |
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K |
455 |
|
. Vol. |
1. 378 |
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u |
' 379 |
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.. « J |
a. 190 |
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M |
191 |
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• |
191 |
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C(. |
228 |
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. Vol. |
i 174 |
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Vol.i.222— iiL24 |
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« 314,315,316 |
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VoL |
i. 315 |
|
u |
346 |
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u |
402 |
|
u |
506 |
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u |
506 |
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!iap* |
507 |
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«iiL 21 |
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tt |
97 |
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V61. |
i 41 |
|
f |
149 |
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« |
174 |
|
tf • |
188 |
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u |
203 |
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tt |
222 |
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« |
229 |
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tt |
241 |
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« |
333 |
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« |
341 |
|
tt |
385 |
|
M |
390 |
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« |
445 |
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« |
4^3 |
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« |
463 |
DEFENDANT.
163
Dbvsbcb— As to, of an equitable nature
Where all aided in, of suit against stieriif • The, of a lunatic may be by attorney •
Ifhat will amount to a good • .
Agoodpkain . . •
As t6 good, by plea . . . «
Whan, admissible under general is«ne Plea setting forth the evidence relied on for What migiht vender, bad r Whata waiver of any legal
Parties not precluded from being set up in
What, garnishee is entitled to make
Attorney not permitted to set up his ignofaaoe afl
When entitled to come in and mahe
As to, against suit for divorce
What defendant must establish in
What is no, to action against acceptor
Where defendant through negligence fidled to make
Affidavit o^ to part of claim
When plaintiff's neglect to d^nand is no
What no, -for bail ....
¥^t may b^shown in
As to a sufficient, to writ of attachment
P£F£NI>ANT. •
. VoLiL 16
« 17
« 133
« 165
« 387
" 344
« 375
« 472
. " 473
« 477
yoLili.'63,429
« 89,91
• " 103
» 113
. ** 115
« 130
«* 133 "146,228
• 258
«• 266
« 279
« 280
•* 351
Vbl.
Dxran DART— Abatement where real parties are not all joined ai
The, proceeded against mast answer for whole amoutit .
When plaintiff can have the benefit of. oath
What held a good acceptance by .
Liability ofj in an action on foreign bill ' .
When, cannot require proof of consideration for note
If sheriff take a note and discharge
The, having ordered plaintiff to purchase salt for them and draw for the amount . -^ .
Can the, put the plaintiff on the proof of his right to note
Where, admits a lost note to have existed
May, pro^e payment of note by parol evidence
Li debt on a bond if, crave Wftr and then plead conditions performed
When, has his election to pay penalty or principal and interest
Where the burden of proof is thrown upon * Tol. i.
A, in equity who has obtained a patent of land not included in^s entry ......
Where the ground of equitable jurisdiction depends on the disclos- ures of .
Where, is bound to establish his assertions
Answer to amended bill in chancery
As to amending bill alter, have answered
Where two have appeared and pleaded one entr^
As to «ntering judgment against, who confessed'
i9-jiL 9 VoLL 9 « 43 « " 73 « 81, 103 « 114 « 116
. « 124
« 142
« 143
« 144
« 150
« 151 182— ii. 136
Vol. i. 188
** 191
«• 192
«« 192
« 195
« 195
164
DEFENDANT (CONTINUED).
■Kri-
Dkfsrdaht— As to pre-engagement ofj to anothfir person Vol. i 22(^ Indictment charging, being knowingly concerned in the fittuog out
vessel for foreign service VoL L 196, 107, 19S
To support a contract there must be either damage to plaintiff or
advantage to . . . Vol i. 321 A promise to pay money in consideration of discharging from his
promise to marry . , . . • ** 238 As to promise to marry by, in consideration of future illicit inter- course .... « 229 As to a contract which, has Adled to perform . . • '* 296 Holder of bill after, has shown usury between prior parties • ^ 246 When, would avoid contract on the ground of usury . • ** 249 Effect of misrepresentation by . . . ** 252 As to promise of, to pay plaintiff money, &c. . . • ** 254 Appeal from an order quashing execution against two . ''n3,383 May, against whom an execution issued move to quasK it . ** 31S When, should only demur to part of declaration . . ^ 314 Cannot demur in abatement . . ** 31(^ May demur generally if declaration does not state a good cause of
action . . . . ** 315
Who are the proper, to an ejectment . . . ** 339
As to, in an ejectment .. . . • *^ 340
As to what defence, may set up in action for mesne profits . " 341
Proofof, admission of debt^ rebut presumptive . ** 396
Astoproofof conversation between plaintiff and . . " 36<^
What may give in evidenceunder the general issue of non-assumpsit ** 36t What may be given in evidence by, under a plea of not guilty in an
action of trespass fuore cJaiMum/regi^ . . " 362
As to answer to allegation of facts by . . . ** 364
Plea in abatement when Christian name of, is mistaken . . ** 443
What must be set forth as to, in indictment for conspiracy . " 444 As to bill in equity to compel, to disclose whether he promised to
marry .....** 46^
May several, be charged in one indictment ' . . ** 457
Indictment charging, with stealing bank note . ** 460
When, might plead ih&ncy in bar . . , ** - 464
When it lies on, to impeach justice of foreign judgment ** ii 11>
Where, sets up a foreign judgment as bar . • . " 16
When, may show that court had no jurisdiction . ** II
When, cannot plead ia2 (2e6et . . ** 14
As to, pleading in bar a judgment rendered in another state . ^ 15
'< .. What may, show where judgment constitutes part of the title sougnt
HIj, to be set up . . , . . « 18
p,^ As to transfer ofproperty by judgment to • ** 18, 19
^,.,J^to judgment of acquittal in a prosecution against several . ^ 21
' . ^^Sffect of a judgment obtained against, in another state . . ** 23
. , Al to sale of; property under execution . . . ** 28
.^, Jukyi^^ be served with process out of district where he resides or
•ifk^UWi , . . . « 06
DEFENDANT (cONTINTJEd).
165
DxniiDAii r — Appearance of; to foreign attachment .
Foreign attachment may issue against alien as
When, shall file petition for removal of cause .
Where there are two or more, and only one petitions for removal
As to justification hy, on indictment for lihel
As to mitigation of damages by, for libel
When acknowledgment of, may be given in evidence
Statute must be set up in pleading to avail
Return of, to mandamus . I . .
Refusal of^ to fulfil promise to marry .
What a good defence for, in an action for breach of marriage promise
Offer o^ to renew after he has broken his promise
What, cannot show by general reputation .
What circumstance in, attempts to justify should aggravate ^e damages ^^ .
As to mortgage given by, on his own property
When, will not be allowed to stay proceedings
Where, was bound to make good any deficiency on the sale
Rule in equity as to time allowed to, to redeem upon a bill of fore- closure • ^ .
As to amount of bail in which, shall be held '
Where, in ne extat cannot procure sufficient security ' •
Where, has been discharged under non-imprisonment act
Where has been committed to jail
When new trial will not be granted where there is a verdict for
When verdict for, will be set aside
New trial will not be grante4 where, has been acquitted
Where plaintiff and, members of joint-stock company
Where, agreed in writing that a certain sum was a final balance between them as partners
When may take advantage of non-joinder
When,«fiay plead in bar that he is no partner
Every, is entitled to a separate answer
I^ submits to answer- he must answer fully Onu» probandi lies upon
What, may show under the general issue
When, may plead a release > - .
When, may plead double
May withdraw plea and plead de novo
Effect of a verdict of acquittal as to
When, must add an avowry
What, may plead
When, in replevin pleads property
As to judgment for, in replevin •
When, is entitled to verdict .
When court of equity will and when will lot pennit, to set ofiT
Msy set off a judgment againat plalnliff
What, cannot set off • • . ToLii.
What nw^ «et c ff •*
Voia so
« so
« ft
« S3
« 104 « 106, 107
« 128
« 129
«* 140
« 164
** 16S
« 16S
•« 16S
« 165
« 175
u 203
« 263
« 263
« 264
•« 264 «* 272, 276
" 273
" 276
a 342
** 342
« 344
« 344
« 470
« 484
« 48f
" 516
« 616 .
« 922
« 545
•^ 647
« 547
« 548
" 548
« 560
« 570 S70, 571, 572 570, 571. 573
166
DEFENDANT (cONTINirED) .
DsmBAST— Where, chugied plaintiff with KWeuaa^ &lae . Vol. iL 699 jUtowritiiig signed by, to answer for debt (^another . *' 694 As to action against, apon qiecial promiae . ^ 696> Latter of credit by, to plaintiff .... ''lOO.TOl Where, ajyeaia in a court of general jurisdiction in a naighboring atate ** iii 10 What, may plead in abatement . *" 11 As to yerdict for, in action for £dse retain • . -^^ 13 Aatodeathof . . ''1445,24 Non-joinder of . ** 16, 17 When, moat plead non-joinder • . '* 1*1 As to plea in abatement that othen are liable with . ** 17,19 Aa to misnomer of .... ''19 May ptead, in abatement to part and demnr on plea in bar to tiie resi- due of declaration . ^ " 11^ When plea of non-joinder of other, cannot be put in • " 90 H property is attached and no snmmona left "2) When plaintiff takes iaaoe on the plea and it is found against " 94 Arrest of; by sheriff .... Y^iii. 32, 33^37,38 As to final judgment for . . VoL iii. 76 As to, who has been made a party in the eonrt by foreign attachment " 88 When, must put {n special bail . • "80 Remedy against attorney for acting withont anthimty " ItM Righto^; to plead or defend his own cause . . " 110 Responsibility of, to attorney for his costs • . " 111 Where, has paid the debt and costs to plaiatiff . . ** 113 As to plea in abatement by, to jurisdiction of coort • . ^ 113 As to acquiescence of . • . "114 Where plea is filed in name of all tl)e . • ^ " 110 Wliere writes served but upon one of two . " 110 Where several, are put on trial at the same time • " 138 W^ere, thxQugh negligence foiled. to make his defence at law • " 146 As to exemption of; from imprisonment • . . " 195 As to conviption of; for murder . . • . " 105 Agreement by, to pay an uncertain balance . . " 212 Where complainant ^sks an injunction to restrain . " 340 When, must procure his bail . . ' . << 975 Where, is in confinement as an imprisoned debtor ** 376 As to discharge of bail by death of . . . . « 277 When, may be held to bail . . . . « 378 As to confession of judgment by . . , « 283 A, convicted of conspiracy . . . . « 284 Where, is committed to jail on a charge of foigery Where sheriff Arrested a, on a bail writ As to just ground for reversing judgment against Demurrer oC/or.misjoii)^ .... Indictment charging, with passing counterfeit doUara When sevesaHctions against one, and dependingen the saaMquestioni Where, poisoned his neighbor's fowls As to possession of, goods by delivery of execotor
* 285
" 286
•« 310
« 340
"" 409
« 454
« 484
- 48r
|
Vol |
1313 |
|
« |
313 |
|
*u. W |
|
|
K |
114 |
|
« |
197 |
|
a |
902 |
|
Yol. L 380 |
|
|
VoL |
iL 78 |
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-M. |
i. 328 |
|
u |
351 |
DOTCIENCT— DEM»0KmNT--DMto»-4)£ JUR«— DELIOATION. 167
DEFICIENCY.
DiKoitH OY— When court of equity wiU give relief for
Measure of compensation in case of land sbM
As to refunding in case of, of assets to pay debts ' As to resort for
When court will decree salefojr, of assets . •
Mortgagee's remedy for
DEFORCBliOBNT. D«»oEC»M«KT-s-Ouster of possession by . . • •
DEHORS. D«st)»s— As to circutostances, the wiU' . . • •
DE JURE. Di Jure— DoWer belongs to wife . . . •
As to who is not a wife . • ' ^^ '
As to tiUe Which cannot, extettd bedrid the tcrrttoiy df the gOtem- ^ ^^ 'ment that giants it
DELEGATION.
DKi.E*ATioK-Rule as to right of donee to delegate power . • "^f- ii- JJJ
As to, of power to wife « 403
When, held to be Toid . . • • •
DELIVERY.
DiLivE»Y— For benefit of factor. . • ' ^^1' ^ '%
To third person for benefit of factor » • • « 49 50
As to, of part of the goods sold • a im
Of a chose in action, for a valuable consideration . ' « 6& S
Of bill to payee, and effect of • • * « 80
When note passes by • ' « 81
into other hands • , • • * '« 81
As to transfer by, without endorsement • ' « m
Assignment ofbill payable to order, by . . • « «|
Of check by one bank to the porter of another . . ' a ,15
As to note passed away by, without assignment . '« 140
As to, of bond '. -vi * ' * *« 161
Necessary to render earner responsible • • u 157
Cairiere bound to deUver baggage to passengere . •
When, muirt be accompanied with notice . . ^^^''^^iY'lS
As to manner of, &c. governed by custoto . ^^ ^ ™
As to, by carrier
Of carrier invests the goods in the consi^ee .
Carrier cannot dispdte title of pirty, goods .
A thiig eold mtist be capable of
Agreement to postpone, of Articles :'.^
b, ot A(»te to a third fw»r»on a m>tu\ lebttftd^Mlum
« 171 178 « 170 *« 200 « Oil '» 988
J 68
PfiLIVKET (CONTINUW).
DMLvnuY—Effeci of, to an agent or aerraBt of vendee
Rule that right of property does not vest in poichMer witboat What is the effect of a sTmboUcai
As to place of .....
What mutually obligatory fior the sale and, of goods on contimct Delivery or tender of a deed a condition precedent to the payment
of the money *
When contract becomes absolute without As to a contract for, of a spocific article As to, of copy to secure copjrri^t Deed must be sealed and Jm the, of a deed necessary Possession evidence of Of deed as an Mcroiff Of deed by acts or words or both As to what will ratify the
Does a declared intention to, furnish probable presumption of IVtmA/ocu evidence that deed was sealed and Of execution to sheriff ....
When deed will take eflbct only from Does mere contract to sell without, change the property . Necessity ot, to transfer property by gift Serving process on a state by, of writ to governor, &c. Asto, of possession of property . Where a bond may be assigned by . Of corporeal things in pledge What is fictitious and symbolical As to pledge which passes by .... He that is to pay or make, is in no delay until after the last moment
of the day appointed .... As to, of replevined property by sheriff Of ship sold under mortgage at sea Transfer of prt^rty by endorsement and, of bill of lading As to conveyance and, of cargo Of goods to agent of buyer Right and liabilities of captain as to, of goods Effect of a blank endorsement and of a bond As to, of chattels under assigxmient As to sale of property not followed by Attachment does not lie to compel, of a specific thing Of deed of assignment .... On change of goods between carriers when is, complete . As to dsjnages for fidling to make, of goods . When sealing and, of deed will be inferred E^dence of, of deed
What constitutes a sufficient, to perfect a gift . When agreement And, cannot be treated as void Where is, expressly as a gift
The, of a declaration in chief befbre q>eciai bail put in Ou a bond take effect uifleis, by par^
VoLL234 *< 324 a 229
«* 944
<* 900
« »7
« 269
tt 279
" 995
« aoo
« 300
« 300
« 301
« 301
« 309
«* 306
« 380
« 402
• 411 "410,402 « it 31 « 182
• 215 « 217 « 217
226
« 285
"548,549 « 584 *" 662 *668,669 « 680 ** 686 ** iiL 69 63 •* 74 « 75 « 121 " 139 ** 141 « 149 « 149
• 176 « 196
arM
BBMAND DEMAND OF PAYMENT.
169
Dblitbet — To camei to, to a consignee
When, must be shown to sustain criminal prosecution Delivery up of specific chattels .
There must be a, by donor to give effect to a donatio coma motiit There must be a, to make a contract of sale valid
DEMAND. 2)Bif AMD— When buyer may set off, against fiictor An order lo draw for amount of . As to assignment of part of a Promissory note given for a .
Bight to sue upon original .... Garner can only, a reasonable compensation Bond for mixed . * . When carrier may, a premium
Does acceptance of another security extinguish a previona Who must join in enforcing
Satis&t^tion of plaintiff 's .... Voluntary promise to pay As to consolidation of^ to give jurisdiction A mortgagor has a, against a right of set-off Arisingon judgments maybe set-off . When cross, exist and one of the parties is insolvent Right to set-off mutual ' . Joint debt cannot be set-off against separate Liability of guarantor for, against principal When a bill by husband and wife to recover a, in right, abates When debtor cannot set-off, against assignee Attachment does not lie against administrator for, against his intes- tate ... . When, must be specially stated . When attorney receives a, for collection .
DEMAND OF PAYMENT. DxMAHD OF Patxemt — Right to, a reasonable charge
When there must be a, of executors
When, is to be made by a notary
Should be made at the place where note is payable
Rule of English law respecting, of payment where note payable at a particular place
Stipulation to waive notice of
By whom must, be made
Where there is no notary
Of bill payable at a particular placa .
Of bill after sight
ASust be made in banking hours .,
Note payable on demand
What is due diligence in nuking
'Where, cannot be made on drawer
Duty ofassignee of note to, payment •
|
. |
VoLiii.300 |
|
|
(1 |
333 |
|
|
. |
"346,347 |
|
|
fii |
u |
356 |
|
u |
357 |
|
|
. VoLi. 73 |
||
|
if |
35 |
|
|
tt |
86 |
|
|
cc |
99 |
|
|
tt |
100 |
|
|
a |
168 |
|
|
u |
152 |
|
|
u |
183 |
|
|
u |
259 |
|
|
o |
365 |
|
|
« |
883 |
|
|
M |
433 |
|
|
. « ii |
. 42 |
|
|
U |
566 |
|
|
tt |
569 |
|
|
M |
569 |
|
|
« |
569 |
|
|
« |
571 |
|
|
tt |
693 |
|
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17^
DEMI SI'.— D::M l/KREiw
DsM ANo OF Patheut— Where, of payment of note mustbe made Is, of cashier sufficient on note payable in bank Of payment on the last day of giace If bank fail to make
May authority to,doWer be given by parol . Is any, of dower necessary at common law When heirs may, conveyance Where guaranty is absolute is, necessaiy In what case may the insured, a return of premium Delay of twenty years to, money On one of three joint promissors . What excuses holder from proving, on bank When, must be made on check As to, in action of trover
DBMIBE.
•Hbxiss— In ejectment one partner may recover on his separate Amendment in declaration by altering time of Gives a new right of action of ejectment As to interest demised . Plaintiff agreed to, to the defendants . When plaintiff may state substance ot, without declaring As to reftt where, houses are burned . As to sale of part of, premises Where tenant continues upon, premises nine years What property jnay be talDBU upon, premises Where tenant has quit possession of . Where anjigreement contains all the terms of
DEMURRER.
^OmvBXift— What is
How are, divided . •
In abatement
For want of good cause of action
To judgment
To evidence ....
What is a known rale in relation to «
When, totrvidenee ou^t to be allowed
Where,' to the whole declaration is bad
To bill signed by attorney general of a state
Can there be, and plea in tiie same part of declaiAtioii
To return of mandamus
For non-joinder of plaintiff's '
What is a good defence by . . .
When plea of nil' debd is bed on general
To pleti of nondanm^atm
When defendant may, to bill in equity
Common rale to join in, in an information i^ne i
What is sufficient on a general
VoLll» « 115 *" 124) 125 « 129 « 331 «• 331 « 387 « 418 « «7 « ii.470 « iu.l32 ^ 296 « 292 « 487
VoLi338 340
" ii 17 71 32» « 471 " S3d " 537 •* 689 « 539 *'539,540 **iiL202
. y^ 1.814 " 314 « 315 « 315 « 815 « 316
Tel.L3f6— iL289
YeL L 316
« 18
.YtyLi.l91^4L 31 Vol 1.291 *" ii.l40 •« 343 * 344 « 478 ^ 480 *> 482 « 516
« BOA
DEMURRAGE — DEPOSIT — DEPOSiTrON — d>B8CENT.
171
DsaruKBBft—- It it said that repleader may be awarded upon a . Vol. ii. 540
Pleas in abatement must be precise or they will be ill on . *' iii- 21
Judgment on, to plea in abatement *' 34
Acceptance after dishonor, how held on general . . ** 135-
A special, will perform the office of a general . ** 143
As. to party withdrawing his, before argument . . . ** 14p
To. replication . "414
* To evidence . . . «* 46^
DEMURRAOE. DsHira&AOs — Action for freight and .... Vol ii. 267
Jfoster cannot sue in his own name for . . > "61^
DEPOSIT.
DsFosiT — What equivalent to, of cash in vault . . YoL i. 132
Of a bill in one bank to be transmitted to another for collection "^ 129
Notes, in bank for collection a special . . . .. '* 136
Ispost-officeaplaceof, for notice o£ protest . ** 144
Of goods in carrier's warehouse . • • • *' 162
Carrier may leave goods at a particular plaoe <if , • ** ' 169
Carrier's liability ceases when, he, the goods . . . . *' 171
Certificate of, inttst be paid in specie .. . . "259
Money, by executor belongs to the estate • ** 386
As to, of goods with innkeeper .... "464,465
As to, of title deeds . . Vol. ii. 172,197
Taking, of stock is a waiver of lien . . . Vok ii. 184
Removal of property by sheriff to safe • • . " 544
Wh^n captain may, the remainder aAer freight • . " 675
As to credit on bank books forageneral . " iii. 130
DEPOSITION.
DsposiTioif — As to, read on trial in court .... VeLf.'l94
Written, required in courts of equity . . " 363
To what only should a witness depose • . • ** '36tS
In what cases are, most generally taken . • • "366
Is it necessary that, be signed by witness . .. . ^' 366
Rule respecting the genersdl admissibility of .. . ** 367
Efl^ct given to, ofwitnesses at coroner's inquest .. • ** 367
When, ofabsconding debtor admissible . • • " iii. 94
AstOjinproof ofhand-wrifixig . . . " 143
DESCENT.
ItecxBT— >As to what is de^endlble . . ' . Tol. 1. 271
Of estate in coparcenary . . ''271
When fee passes in the usual course of . . '** 322
And heirship of real estate, how governed . « ^ 323
Role oC of movable and immovable property • ^ 323
daim of dower against the heir after the . ^ 830
The casting of a, is no bar in ejectment • • * 338<
When the freehold shall descend to the heir at kw « 40S
172 DESERTION — DETENTION — DETINUE— DEVASTAVIT — DEVIATION.
PisosNT — Change of title of equity of rederaption by
As to the common canons of
Liability of the rent in caaes of .
DESERTION. PsssaTioN — Of wife by her husband
Incurs the forfeiture of wages
Where seamen ship under circumstances of danger
What constitutes, of ship
What is not
As to forfeiture for
Evidence of
Restriction of pajrment to prevent
DETENTION. PiTaMTioif— Insurance against damage or loss by
Must be cause of seizure and
For trade in Contraband goods
For illicit trade
Necessary, for repairs
Arrest and, by kings and princes .
Distinction between restraint and
Loss by capture or
As to wages and provisions of crew during VoL L
By embargo ....
By hostile capture .
DETINUE. Dbtimxte — Liability of infitnt in, for goods delivered, Sec.
Action for property as .
Where mortgagee of a slave recovers him in
Surviving partner may maintain, for books, &c.
DETINET. Dbtiiibt— For what will replevin in the, lie
DEVASTAVIT. Devastavit— How must, be established
Is one executor chargeable for, of the other
NU debd a good plea on .
Whentcire/iaaf is defective if it doies not allege
When, must be shown
Executor may be held to bail in case of .
DEVIATION. Deviatiom — What is
Effect of, under warranty free fh>m seizure in port cf dischaige
Legal effect of
Voluntary, when justifiable
What amounts to a
Where ship after, returns
Will mere delay amount to .
As to extraordhiary expenses incurred by •
Aay, fiom the terms impairs a contract
VoL it 908 " 244 « 537
VoL i. 208 635 « 635 « 635 "635,636 " U.6TT « 637 « 640
Vol. i. 509 ** 510 . •* 511 « 512 « 525 " 520 " 530 «' 547 560,561,567,568 « 567
VoL 1.463, 464
VoLii. 42
. .•» 212
345
. VoL ii. 544
. VoL i. 316
"385,388
« U.478
« 560
VoLiii. 115, 143
VoL iii. 278
VoL L 536
« 505
« 536
« 536
. « 539
« 539
«* 540
« 573
« 0. 68
DEVISEE DEVISE.
173r
DEVISEE. Divxftxx^A decree against, holding by distinct devises A deed unrecoided is good against When party claims as, of trust Unless condition is performed, can take nothing Legatees can only claim equality with When, shall take subject to legacies When equity will not let in, to plead statute Relation of, to simple contract creditors As to, of land encumbered by mortgage When equity will correct mistakes as to When^ takes only an estate for life As to a power to divide proceeds of estate among Devise to trustees. Sec., during minority of C^ses in which as, the, wards, heirs, &c^ have
wards of purchase Garnishee may be asked whether he does owe a ^ Deed by heirs after death of prior
DEVISE. Dxviss—What does a, of land convey Can femme covert, lands Can in&nt, his personal estate Does a, of wild land cany a fee . Right of alien to hold lands by The husband may, lands to wile . What is the leading object in constructing wills May the court supply omission in will As to wards of a
Is drunkenness a legal exception to validity of In lieu of dower
In trust to party by description of executor . As to fraud in obtaining a, of land Husband may, laws for his wife . Can a wife by will, lands to her husbarid Is a, of lands to an infant in vmtrt $a mirt good A, of personality .
What will pass by a, of a slave and her increase To children
Graiidchildren may claim a, as children As to a, over
Condition in, in restraint of marriage As to conditions in How are conditions, detetmined . As to lands specifically Rule upon a, to a mother for the maintenance of her
child die Where land is, subject to the payment of legacies Asioare^duary
been taken to be
child, and the
VoL i. 29^^
" 303
« 391
•' ii. 84
" 86
« 98
M 127 "X6S,ie9
" 238
« 253
" 491
« 498
" 524
« iii. 91 •• 605*
Vol. i. 316
« 317
« 317
« 317
« 15
« 211
« 317
•* 31T "318,319
« 319
« 331
« 391
« 39a
« 451
« 4531
« 462
« ii. 76
« 76
a 77
« 78 « 80, 81
« 81
« 88
« 84
• 86
• . OT •98,168
• 10»
174-
DEVISB EXECUTORY — DIUOENCE.
Detiss— B ale as to the effect of a, to avoid the ttatute
Where a, was given upon condition, &c. . .
To an unborn illegitimate child . . .
Distinction between a, of land to executors to sell, and a, that execu- tors shall sell . . . . . A, of an estate with a power of disposition over it carries a fee Rule in the case of a, to trustees, &c. . When a, becomes a vested remainder Where ancestor takes a chattel interest hj Involving fiduciary interests As to money, to be laid out in the purchase of land Rule as to parties to .
A, in a will may receive character by constniction Is not, in the nature of an appointment of a particular eststtf Where testator may, all his estate to strangers , A, or annuity limited to widowhood To a coiporation and other trustees to distribute
DEVISE EXECUTORY. DxvisB ExxcuTOftT*-What is an executory For what reason were, instituted Hbw^many kindli 9i, toe there relative to real eaJstus- In what material points does a, differ from a remainder. . May money be subject to Embamssments which, may be.subject to When estate becomes a contingent oi
DILIGENCE DiLiOEHox — ^Agent bound to use
Rsquired of holder of bill YoL i. 90, 104,
Check must be presented with diq^tch and
When due, must be shown .
Reasonable, in giving notice of protest
PtM^ facie evidence of due
Each party must use due
Will removal of maker's domicil excuse .
As to want of due, in carrier
Master of boat must use proper, in rescuing cargo
Required of coach proprietors
Ordinary
As to evidence on a question
Reasonable, on the part of executor
Question of due, under law of insurance
What constitutes reasonable
When master has used due
Due, of captain of vessel to procure pilot
Due, to giv0 notice of arrest , •
Rule as to degree of; imposed upon pavmee
When party has shown due
N^lect to use reasonable
VoL iL 197
« 299
«491,4W « 491 524 585 <* 528 « 711 « 713 « 715 « 720 « • 722 « 725 *• in. 118 « 249,250
YoL i. 320 « 320 " 38L « 321 « 322 « iL 295
. VoL L 28
128, 13^-u. 466-^iii. 95, 290, 292
VbLi. 91
. " 92
93
95
" 96
. « 143
"161
. . « 167
« 179
VoLl183— iL2^
Vol. i. 378
« 388
« 493
<* 496
. . "503
. « 508
"531
VoL ii. 230, 231
« iiL 224, 309
« 236,291
DIBVCTOR»— OX8ABIUTT — ^DISCRARQX.
176 I
DIEECT0B8.
DiiBOTcm»-*Authorit7 of, oCbttok Aze tLgBDta for the jcorporation Of eoipoiation may pUfui statute limitatioiiB
DISABILITY.
DnABiLirv^Of plaintiff to sue . Of witnesi to attend court Of witneps must be made to appear . As to how &r. foreign domicil conuDBoicatM to a
alien enemy Oniriityktute ^ected by subsequent Li cases pf joint rights Of lunatics and idiots . Whut are the civil, to a contract of marriage Rule as to, oCinsanity . Rule as to, from consanguinity or affinity Role as to, from eoipoxeal infirmities * Rule as to, by reason of fom^er marriage AAteted by change of 4omicil- . As to contract of pledge Limitation of law and ^uity the Sana as. to As 1o, of partners .. . . •
DISCHAK6£. SmoHABAK — What is a, of firm debt
Wlttjt a good, befi>ve anditora iat. ftctor
Are debts duaunder se^l^ by naked awaid
How may an insolTent bof from debt .
What will dischaige the smty .
What will, acceptor
As to what will, endorser
Wh^n debtor is
As to discharge of parties to bill
Where ItabiUty of drawee has been, by laehM of holder
What if sheriff take a note and, defendant
As to promiaaof endorser after •
Of endorser by negligence of holder
Bank may, drawer without becoming liabls to pnneiptl
As to note given in, of a precedent daht.
By what may a bond be
May bond besibypatolagOMiiieBt
Does release of one joint obligor, the rest .
As to, of obligor by act of God
As to, of judgment on bond . . • •
What delivery will, carrier .
What ^ill.nbtf^carrier . . • •
Aa to< from promise to jnarry
Mxf contract by words bofl^waida •
ToL i. 108
« 280 •lit 118
. VoL L 35e
« 3«6 « 367 the^of aa
" 467 Tol.ii.131,139,131
. Vol ii. 130 *" 133
. « 144 « 146
. « 146 •* 147 " 147 ** 153
. « 220 « 236 « 441
• VoLi. 10 « 42 « 61
* 64
• « 69,70 « 74'
ToLi.88^90^»l,108,134 YoL i. 100 « 105 « 112 " 116 «*• 128 « 129 « 130 . « 141 « :48
* 149 « 150 « 160 « 151 « 167, 168 « 169 « 228
236
176
DISCHARGE ( CON TINT} ED).
'DiaoBARGK — What a good, from debt in every country
Promise in consideration that plaintiff will not oppOM
When party bound is, fiaom obligation .
As to, from contract by valid tender
Of debtor by seizure of goods on Jieri facia$
When heirs may call on administrator to, contract
As to, procured by fi:aad
As to; by proof of in&ncy
Effect of, under insolvent laws of U. S*
As to warranty fi«e from seizure in ports of
As to, of insurer by deviation
What will amount to, of a judgment
Covenant in lease to, taxes .
Legatee takes, of the condition in will
As to, of trustee ....
As to, from proceeding under bastardy act •
What will, lien of vendor .
As to security for, of engagements
How second pawnee may, himself
Extinguishment of mortgage by, of engagements
When application may be made for, of fic estttf
When the court will, sheriff from liability .
Partner can compound or, partnership debts
As to bill of exchange in, of partnership debt
Partner may authorize the, of a debt due the firm
As to partnership funds to, private debt
As to partnership acceptance in, of separate debt
How retiring partner may be, from partnership debts
Right of surviving partner as to, of the debts of firm
As to application of funds by partner to the, of debts
When debtor will not be, by payment to partner ^
As to, uf bankrupt under certificate of bankruptcy
When debtor is, by payment to one not the creditor
As to insolvent's, obtained during term
As to plea in, of bond . . . .
What is sufiicient to, a recognizance
As to what will, from rent .
As to plea of insolvent .
As to, of owner's engagements by consignee
Where bottomry holder, wages due to crew
As fo from arrest ....
Will, under insolvent law in one state protect f^om arrest
When, of wife is, of husband also
When faiiuro to hold to bail does not, assignor
How purchaser may, lien.
As to, from imprisonment
As to right of attorney to, claim or debtor
As to, from custody by sheriff
When client may, party without consent of attoniey
ToL L 941
•* 954
« 258^
« 267
« 389
« 887
« 407
« 463
« 466
« fl03
« 936 ToLiL97,28
a 79
• 80
» 134
« 145
« 184
« 208
« S32
264 354 361 369 876 380 3S6 401 406 421 437 463 475 476
yoLiiSfi4,536,538
Vol iL 941, 561
Vol. U. 606
« 611
« iii 34.
in another ** 3T
« 88
« 67
« 79*
« 94
Vol. iU. 101, 106, 107
Yol.iii.103
*» 111
J0I6CLAIMER — DISCLOaURR — DISCOVEl^Y — DISCRETION. 177
IhtOBABax — When liability of accommodation is Vol. liL 130
When iniant is entitled to, from imprisonment . . ^196
What a sufficient of a mortgage . . ** 219
Qfdebt by release ofoneoftwo joint debtors . . ** 296
What operates as, of sureties ** 239
DISCLAIMER. Disclaimer— Effect of; by tenant .... VoLi. 841
Effect of, by landloxd . . *" 341
DISCLOSURE. DxscLOsuRx— Attorney privileged iiom . Vol i. 353,394
As to, by defendant in answer to bill ''363,364
DISCOVERY. DisoovsRT— Jurisdiction of chancery where, is wanting . . Vol. i. 187— 1S9
Equity jurisdiction on the ground of . . "• 187, 189
As to bill ibr, in aid of jurisdiction . . " 187, 188
Cases in equity for ..... VoLi. 190
Equity for, on the ground of notice , , . ^ 298
^ Equity jurisdiction as to, of land or title deeda . . '^ 332
Equity jurisdiction to compel . . . . " 342
VoL 1 406— u. 124, 126
VoLii. 42
VoL ii. SO, 456, 457, 458, 460
VoLii. 176
« 250
•* 269
« 294
« 337
** 341
« 461
As to, of fraud or mistake
Supplemental bill praying
Patent for useful inventions and
As to, of prior mortgage
Legal obligation of party to make
Affidavits of .
Equity to promote
What no plea to a bill for .
Bill by solvent partner for
As to, and account of profits
DISCRETION. Discretion — Of court relative to a demurrer . . VoL L 316
When persons are old enough to act with . . '* 317
In settling allowance of alimony . . . *' 326
When court of chancery may control, of the Ihther . " 423
As to age of, of infant . ....** 441
As to, of captain of vessel . . VoL L 508; 550-4i. 651
Rule as to matters within, of court . . Vol. IL 40
Legacy in trust to be paid at, of executors . <^ 87
As to, of executor to plead statute .i . '* 127
Rale as to jurisdiction of superior court over, of an inferior court " 138, 139
As to sufficient, to marry . . " 142
Of jury as to damages for breach of promise • . " 165
Time for redemption under bill of foreclosure rests in, of court « " 238, 239 Ofcourt in granting new trial .... ** 264, 265
Parent as to his children . • . • . ** 292
Of judge as to receiving plea •.••** 479 23
178
DISHONOR — DISMISSIOn — DrSSOLHTION OF PARTKEBSRIP.
Discretion — Of court as to granting leave to file information quo wananio VoL ii. 51ft Of counsel as to acquittal of prisoner for witness . ** iii. 115
DISHONOR.
DiSHONos — Wben bill is to be considered as As to notice of, to draw As to, of check
WhstX holder is entitled to recover on a, bill Customary document of . . . .
As to taking a bill after ..... Of bill given in payment of precedent debt
DISMISSION. DiSKissioif — Ground o^ from court of chancery Effect of; of warrant by a magistrate When, of bill bars equity of redemption
DISSOLUTION OF CORPORATIONS. Dissolution of Cospokations — How may a corporation be dissolved Of corporations in England ....
Rule in U. States as to . Director of bank may plead statute after
DISSOLUTION OF MARRLAlGE.
Vol i. 76, 78, 91
Vol. i. 94, 95, 96, 97, 98, 128, 129
Vol. i. 105
. ** 107
« 131
. *• 135
142
Vol. i. 189 « ii.l3e « 239
Vol. i.
281
118
Dissolution of Mah&iaoe — As to, of marriage When marriage is absolutely As to distribution of property on, of marriage
Vol. i. 327— ii. 142-.iii. 349, 350
Vol. L 461
" iil56
DISSOLUTION OF PARTNERSHIP. Dissolution of Pailtnekshxp — How a partnership maybe dissolved Right of partner to Rule in civil law Modem English decision Where the contract is by deed for definite period American doctrine as to By bankruptcy By death of a partner . By reason of insanity
By judicial decree . . • .
By reason of inability of parties to act By change of the condition of the parties . Notice necessary to efiTect, as to third persons When notice not necessary What will amount to notice of When special notice of, is necessary Right of partner to stock after Power to biLd firm ceases upon . As to putting in circulation bill and notes after Rule as to authority of a partner on, by death of partner Rule in Louisiana
Vol. ii. ;
|
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395 |
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396 |
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DI8TEE8S — DISTRIBUTION.
179
DiwoiDTios— Partner after, may not endorse billa - - . Vol. i. 87
Acknowledgment of account by one partner after . • " 344
Effect ofacknowledgment by partner after « . VoL ii. 126, 362, 363
Power after, with respect to rights created during partnership . Vol. ii. 311
Specific agreement at, of partnership . . VoLU. 324, 336^111. 347
Where stock of one partner had been taken out . . Vol. ii. 326
What sufficient to sustain an action after . . . ^ 334 When court of equity will restrain ..." 336
Where partner is compelled to pay debts after ' . . ^ 338
Where, is intended . . . . ** 342
Destruction of partnership subject and . . . ^* 356 As to sealed note by one partner and in deed of, the note is set down
as owing by firm . . . . ** 369
As to amount due from one partner on . . . " 382
Dormant partner may retire without notice of . . ^ 385
Liability of partner on an executory contract after ' . . ** 386 As to revocation of guaranty by ..." 419
^ Payment to one partner after . . . . " 420
As to judgment taken by one for firm after • . " 421
Partnership book as evidence after . . . . " 431 As to partner sueing co-partner after ..." 434
When a person may be considered as joint trader after . . " 435
Assignmentof interest by retiring partner at . . " 440
As to one partner using name of the firm after . . " ill. 2Sff
Authority to endorse partnership bills after . . " 299
When power of partner to bind co-partner ceases . . " 443
Each partner may acknowledge all just accounts in name of firm ^ '' 443
DISTRESS,
0ISTBB8S — Who may levy a . , • . . , , Vol. i. 322
Appointment of bailiff to make . . . . " 277
As to warrant and, against debtor of U. S. . . " ii. 57
Mandamus to compel warrant ofy against tax collector . . " 138
* Defective affidavit in case o^ for rent . , , " 274
Bight of, for rent at common law . . * " 532 As to judgment and, for the same rent ..." 538
Usual remedy for non-payment of rent Is . • . " 539
Astorightoflandlordto, and sell . . , "539,540
What is the regular mode of testing validity of . , " 542 As to replevin in cases of . VoL ii. 542, 543, 544, 545, 547
What goods are not liable to, for rent . • , Vol. iii. 205
DISTRIBUTION. DiSTEiBXTTiow — Rulc goveming, of personal property . . Vol. i. 322 Rule in relation to, of real property . . . . " 323 How are persons who take by some general designation to be ascer- tained . . . . " 323 Who ought to be made parties in suit for . . • " 323 As to preference in, of assigned property . . ** 64 Priority of United States in, of estates of deceased debtoxt • ** 196
180
DISTRICT COURT — DrSTRINOAS — ^DIYOftCE — DOCUMENT.
I>i8TEiBtJTioii— -AstOjby adxniniBtiator . . . Vol. 1,385, 38i
By trustees of attached property , . . " iii. 82
As to sliare of absent debtor I . . . ^89
Of assets by executors . . . ** 155
DISTRICT COURT. DitfTRxcT CouKT — Decieo of, of U. States in respect to title conclnsiye Rule as to authority of, to issue process into another district . Aa to writ of error from circuit court to In what cases does an appeal lie from Eifect of an appeal in admiralty cases
As to catiorari to . r r .
. Jurisdiction of . As to all cases of admiralty jurisdiction Jurisdiction of, over torts, &o. Jurisdiction of, of seizures . * .
Adjournment of
DISTRINGAS, DisTBiNGAS — Process of, in nature of a quo warranity
DIVORCE. DiYORCs — How many kinds of, are there
Foradulteiy ....
Will, be granted where both parties are guilty .
For extreme cruelty
Will threats of violence be legal cause for
For intoxication
Alimony in case of . . .
Can a woman who is, maintain action Bafemme sok
As to suit in chanceiy for .
As to defence against suit for
As to maintenance of children afler decree of .
When wife may file bill for
For what, may be granted in Nova Scotia
In whom the authority is vested
By what law are granted in Canada ^
By what law in Guiana, Ceylon, lie-
For what, may be granted in Scotland
Original jurisdiction in gcantittg
Law as to*, passed on restoration of Bourbon family
Grounds oi^ in Holland
How must be awarded
As to causes entitling parties to
DOCUMENT. DoouMXNT — As to* customary, of dishonor of bill . . VoL i. 131
Necessary to establish neutrality of ship . • ** 510
As to the production of, in settlement of partnerships . VoL ii.330, 404
Transferofshipby delivery of ... " S84
Dhity of ship's husband to preserve . • . ^ flD#
VoLii. 17
50
« 54
« 55
« 55
« 56
Vol. ii. 66, 57— iii. 266
Vol. ii. 57, 58, 50
" 59
" 60
" iii. 28
Vol. ii. 510
VoL i. 324 325 « 325 « 32.5 •* 326 " 326 '•^ 320 « 2p5 « iLl02 " iu. 115 « 143 145 « 340 « 340 « 348 « 348 « 348
« 34^
" 840 « 340 « 350
BOMIOIL — DOMIMON.
161
DoouMXNT— When notioe to produee, is giveii and refiifled Ab to matter contained in . Right of defendant as to written . Secondaiy evidence ot^ lost .
DOMICIL. BoKiciL — Can a bill he drawn on one residing where (kawer h
Effect of removal of maker's ....
As to, of intestate «t time of death
As to title of executor derived from grant in country of
As to, of foreign executor .....
As te personal estate where there is no positive locality In the
place of . As to, of personal estate M tmnnfM Where property in trmmta returns to, of original owner . When guardian may change, of ward * . As to how far foreign, communicates to a citizen the disability of
an alien enemy .....
Neutral property determined by, of the owner As to state and condition of a person as to .
As to license from county in which parties are When property governed by matrimonial . .
fiule as to the effect of a clKuige of, upon the rights ofrhusband and
wife ......
When the law of actual, governs the rights of parties
How future acquisitions are governed where there is no change of
As to movable property where there is a change of .
As to matrimonial, in relation to incidents and effects of marriage .
As to the English law of ... .
Role as to what constitutes matrimonial
VoLiiL148 " 235 « 346 « 366
Tol.i. 12X
lis
Where husband and wife have difierent
As to change of debtors
As to fixed and notorious, of debtor in the state
As to rate of interest allowed by law of
£ffect of, on legitimacy
As to how fax, of origin must prevail .
Uow, may be acquired .
Of husband becomes that of wife Xlefinition of theterm- . -As to national ^As to what facts constitute a ^'^^hat necessary to retain X>istinctions of
DOMINION.
^** * »» X o n — As to foreign j udgment within
to, of law .... to title and, of the thing sold L ftther over his oftprin; « •
« 391 « 392
« 394
" 394
" 394
u 425
" 467 « 500
" ii. 16 " 145 » 152, 154
"153,154 ** 154 « 154 155 155 « 155 « 156 Vol. ii. 156, 167— iii. 354
. Vol. iii. 82 "113,114
. « 204 " 351 ^•351,354 " 351 «351,352 •* 352 « 352 Vol. iu. 353, 354
. Vol iii. 353 " 354
VoLii. 10 " 150 «* 182
182
DONATIO CAUSA MORTIS — DOWER — DRAWER.
DONATIO CAUSA MOETIS.
Donatio Causa MoxTis — AVliatis
When, is valid , ,
By whom, is cogniiable
As to titie by .
How, differa from a legacy
How, differs from a gift inftr viv09
Original derivation of
Question among RcHuan lawyen as to
DOWER. DoWBR — Rule as to bequest in lieu of
Jurisdiction of courts of chancery in cases of
Wile may release her, to grantee
As to legacy given in lieu of
How is the statute applied to cases of . .
Rule as to action of
Rule as to right of widow to
When widow of deceased partner is entitled to
As to writ of admeasurement of
Vol. ii.
tol.
DRAWER. Drawer — What is understood by, in biUs of exchange When obligation to which, is subject is complete Promise to, of acceptance When notice must be given to^ of non-acceptanee As to hand-writing of »
As to bill payable to order of Promise by, of bill after due What a sufficient presentment to charge As to proof that, had no eflects in hands of drawee As to notice of dishonor of check to Liability of, upon an order . Promise to pay by, after discharge by kichit of holder As to production of bill by endorser in an action against If bank fiiil to give notice to, that drawee was not to be found Where endorser accepts part and resorts to, for remainder When, is entitled to strict notice . •
May suit be brought against, of a bill on its noD-acceptance As to recovery on bill by, against accepter . Has accepter of bill a right to go into the considefation between, and
drawee < . Relief in equity against mistakes of As to mortgage to indemnify, of bill of exchange Where accepter has funds, in his hands When plaintiff may recover on a count for goods sold and d^veied
against .... As to insolvency of . . " .
If, of check infonns payee that he has withdrawn the funds from bank Payment by, ofpart of a check . . . •
yoLiii.d» « 355 355 356 « 35a ^ 356 « 356 « 3ff7
Vol.iL 98
« i.l89
« 21i
, " ii. 91
« 117
119
213— iii. 144
ii. 305, 373
VoL u. 581
VoLi. 67 « 69
« 73
** 73
« 83
•* 90
» 94
« 96
" 104
« 112
« 118 "119,129
« 122
•* 124
« 134
" 140
143 ** 187 « ii.ll4 " iii. 130
132
134
"" 291
u 291
DEITNKENNESS — DURESS — EARNEST — EASEMENT — ECCLESIASTICAL. 183
DRUNKENNESS. Dmiriiii(NNEss — Is, a legal exception to the validity of a will Cdn a person make a valid will while intoxicated No excuse for the consequences of crime Should a contract be avoided on the ground of MThen contract will be set aside on account of , May evidence of general character for, be admitted < Does, excuse a crime Does, incapacitate a man for premeditating murder .
DUEL. DvEL — ^What crime is killing in a, held to be Where two persons agree to fight a What is deliberate duelling . . •
As to punishment for ....
DURESS. DvRBSs— What is . . . •
As to bond executed under When contract may be avoided by plea of Creneral rule on the subject of . .
As to duress of goods
As to deed obtained by . . .
What will amount to a, of threatening Parol evidence may be offered to show^ Effect of, on marrriage contract
DYING DECLARATION. Dtiko Decl a ration — When receivable in evidence
EARNEST. Eaxhxst — What is understood by
As to, to make a contract of sale valid When party may recover where no, was paid . Vendee cannot take the goods notvdthstanding earnest paid, without payment
EASEMENT.
Easbmsnt — Rent cannot issue out of . j As tp, of the public in river
As to ownership of river subject only to, of navigation Rights of adjoining proprietor subject to public What length of enjoyment of, gives right to owners
ECCLESIASTICAL. Ecolesxastioai« — What is meant by, corporations .
As to, jurisdiction ....
As to granting* divorce yi, courts Settlement of alimony at discretion. of, judge •
As to doctrine of, courts touching divorce
has been
Vol. i. 319
833 334 375 443 449
VoL i. 434 « 435 « iii.3fl7 « 357
VoL i. 334 « 148 « !?55 ^ 256 « 257 " 309 335 " 377 « ii.l45
VoLiii. 144
Vol.iii.359
357
" 32f
« 358
Vol. ii. 532 " 552 " 553 « 659 " iu. 216
VoL i. 275 " 281 " 324 « 326 « iii. U«
184
EDICTS — £DICTA ^EDUCATION — EFFECT.
EDICTA.
Edxcta— Wen the laws yoluntarily enacted by the emperors .
EDICTS. Edicts — ^TLe,of the Roman magistiates were the azmnal, of the praetors
EDUCATION. £3UC4TroN^ As to nurture and, of children
Juri«2ietion of chancery to control the, of children
%8 to, of legatee .....
Allowance for nnintenance and .
Right of the fiither to the care and, of his children
Responsibility of husband for, of wiie^s child
As to what equity will allow for, of ward
As to legacy for, of testator's nephew
EFFECT. EFFxcT-^What necessary to give to a modem conveyance What, is given to a foreign seal As to, of 'a judgment of a state court What is the, of a judgment as regards the matter in dispute What is the, of judgments upon third parties Of a judgment against a co-trespasser Of judgment in trespass or trover upon property What is the, given to an award by arbitrators Of judgment upon an estate for yea^ Of judgment upon after purchased lands Of revival of a judgment by icirtfadfu Of stay of execution as regards the lien Of judgment upon the rights of garnishees . What is the, of arresting judgment Rule as to liie, of consolidation of demands Rule as to, of sentence in cases of concurrent jurisdiction Of a judgment of eviction against tenant . What is the, of a residuary clause on personality Of priority of U. States upon an insolvent estate Of an assignment on a deed of conveyance As to lien where deeds are deposited to give credit . Of an order to pay debt out of particular fund . What is the, if there be error in the process . Doctrine as to, of acknowledgment of one joint debtor Rule as to the, of acknowledgment of an executor or administrator Rule as to, of a devise to avoid statute Rule as to, of fratld to prevent statute from running . What is the, of the inquisition Of fraud upon the contract of marriage 0^ an incestuous marriage .... What is the, of foreign laws upon the incidents of marriage General rule as to, of change of domicil upon the rights of husband
and wife Nature and, ci s mnS^age
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EFFECTS.
185
EmoT — Of the registry of mortgage .... Vol. ii 190 What, will a docketed judgment have upon an unregistered mort- gage . . . . « 194 Of a statute of foreclosure . . . . "^ 202 Of a sale under a decree . . *' 203 Rule as to the, of a mistake of matters of fact upon contracts . *' 247 What, has naturali^tion of the fiither upon his children . . ** 2€1 What, has the act abolishing imprisonment for debt upon the right
to grant ne exeat . . *' 263
Of clause conferring power of administration • . ** 31j5
Of promise by one partner to pay debt of firm . . . ** 363
Rule as to the, of notice to one partner . , . *^ 363
Of sealed instrument given by one partner in the name of the firm ** 371
Of notice of retirement . . . . ** 385
Of bankruptcy of partner . . . "393
What necessary to, a dissolution . . . ** 396
As to, of negotiable note given for antecedent debt . . " 465
What is the, of a plea since the last continuance . .^ ** 474 General rule as to the, of a receipt ..." 521
As to, of contingent remainders . . . . ** 530
A »a«/aaa< is to carry into, antecedent judgment . . " 559
Temporaryabsence will not affect right of action . . ** 664
What is the, given by commercial law to bill of lading . " 661
What will, a revocation of a will . . . " 723
Of assignment to government .... Vol.iii.60,62
Of an attachment as to rights of officer, creditor, &c. . . ** 79
Practice and, ofjudgment in foreign attacliment . . "86,87
Of acceptance after dishonor . • . " 135
Of entenng into the consent rule as to lease . • " i. 340
' Ofaformer verdict in an action of ejectment . . . ' 340
Of a diselaimer . . . "341
EFFECTS.
hFwnoTS — Asto, of drawer in the hands of drawee . . Vol. i. 94
Where debtor has abandoned the country and left . . " 189
As to distrained, held by landlord . . . . " 322 Assignment of, to a creditor in trust ..." 415
As to exemption of debtors, by discharge under insolvent law . " 466
As to, of foreign correspondent in hands of merchant . . " 471
PoHcy of insurance on, &C., how held . . . . " 473
As to granting administration of . . . " ii. 48
As to household, in a dwelling-house . . • . " 74
As to, bequeathed by testator . . ** 84
When partnership, are not sufficient to pay debts . . " 110
As to, of partners ..... "296,308
As to application of partnership, to pay the debts . . " 318
What regarded in equity as partnership . . . "322,323
As to what cannot be implied by the words, stock, &c. . * 325
iU'tewhatwillenhance the value of the . • • *< 325 24
186
SJECTMENT.
KFFBCf s-^As to Bepaiating a portion of the partnership, from the rest
A^ to bill for injunction to restrain execution against
As to pledge of partnership
When partner can sell the, of the firm
Power of a partner in disposing of the, of the firm •
Rule as to assignment of^ of firm by one
As to distribution of ....
One partner may receive partnership .
When a receiver will be appointed as to .
When sheriff may take joint and separate ^
As to partnership, in Maryland
As to partnership, in New Hampshire
When assignees hold bankrupt's share of
As to sale of, by solvent partner
Rule as to assignment of partnership, for benefit of creditors
Doctrine in England as to attachment of
As to attachment of bankrupts
As to general assignee of the, of insolvent
As to goods and, of absent debtor in hands of garnishee
Attachments of admiralty court against, of absent debtor .
When partnership, cannot be attached
Attachment of, of non-resident ii: Viiginia
When, of surety may be attached
And debts of absconding debtor in hands of agent
Attachment of, of absent debtor in New Jersey
As to creditor suing out attachment against, of his debtors by fiilse affidavit . . •• .
EJECTMENT. UriOTMEirT — What is the nature of an action of
For what will, lie ....
Rule as to description of premises in .
Who may maintain action of .
Against whom may, be brought
What title is necessary to support
Rule as to adverse possession
Who may defend an action of . ^
Rule of practice as to amendments in
Effect of a former verdict in
As to such title as would enable bargainee to recover in
Evidence of seisin which would entitle heir to recover in
Action of, under grant from the state .
As to period when, will lie .
Rule as to conclusiveness of judgment in action of
Action of, in a state court
As to bill prsying injunction to judgment in
When an, will lie in the circuit court
An, commenced in a state court
As to juror who has given verdict for demandant in .
When, will lie for mortgaged pnmiaet »
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ELECTION ELEGIT — ^fiLEEMOSTNARY CORPORATIONS — ELOPEMENT. 187
abandon or repair
Ejiotment— When, can be maintained against mortgager
When mortgagee may proceed by, and file bill at the same time
As to plea of title in an action of .
When lessor cannot bring
As to abatement in .
As to plea of misnomer in
When mortgagee may enter without bringing
For non-payment of rent
ELECTION. Elbction — As to punishment for illegal voting at As to, of plaintiff who to hold liable Ai to determination of testators Rule as to right of insured to, whether he will
ship As to, of creditor between different funds > . Of pawnee to sue for restitution or damages When pawnee has his, of two remedies When he that is bound has his As to, of co-partners
When act of infant is voidable only at his Kule as to, of power ..... Between non-execution and defective execution of power When plaintiff may, between trespass and case As to, between degrees of counsellor and attorney When debtor may, as to preference of creditors When infant may, as to taking property or money Marriage decreed null at, of one of the parties When insurers may, to replace articles destroyed What is an, as to appropriation of money .
ELEGIT. ELsoiT^When tenant in, may maintain ejectment . When tenant by, may insist on redemption
ELEEMOSYNARY CORPORATIONS.
Elssmostnart Corporations — What is an, corporation As to powers and capacities of . .
In whom is the right of visiting vested As to right privileges of . . ...
ELOPEMENT. Elofemetct— Effect ot^ as to alimony
As to declarations of wife at time of . • .
And marriage without consent of friends
EMBARGO. EKBARao— As to insurance on a voyage undertaken in violation of When ship was detained by, beyond time of warranty Where ship sailed in the night to elude
Vol ii. 207
« 201
« 475
« 539
« iii. 13
" IS
« 218
« 350
VoL i. 2S0
381 « 385
" 652
« ii. 214
•» 220
** 222
« 285
« 299
" 428
« 497
" 500
« 564 « iii. 100
« 121 "177,391
« 215
" 413
" 451
Vol. i. 337 " ii. 210
Vol. i. 275, 281
« 276, 276
. Vcl. i. 281
« 282
VoL i. 326 " 360 « 413
Vol. i. 482 « 502 " 504
188
EMBEZZLEMENT — ENI>0R6ER.
. Vol. L 52i « 529 « 530 "530,531 " 541 VoLi.667— ii.649 . Vol ii. 649
. Vol. i. 17
161
VoL i. 170-ii. 616
. VoL u. 644, 664
. VoL u. 663
" iii. 294
. " 359
360
« 360
KiCBAKao— As to poBsible earnings of vessel duiing Ab to arrest and detention of ship in case of Is an, hyXhe government of the parties within the policy No distinction between foreign and domestic As to sailing oat of port in violation of As to wages and provisions in case of Does, dissolve the mariner's contract .
EMBEZZLEMENT. ExBxzzLSMERT — Of moncy by servant Liaoilityof carrier for goods As to, by crew of ship As to contribution in cases of . Responsibility of master and owners for goods As to, of money deposited in bank for safe keeping . As to what, necessarily involves How held and punished at common law Statutes respecting
ENDORSER. feircoBSER — When, is a good witness to prove that he acted as agent . Vol. i. 56 A party to a bill of exchange . . "67,68
How may become, to a bill of exchange . . • . " 68
As to rights of holder against . . . VoL i. 69, 107— iii. 174
Drawee may accept for the honor of . . . . Vol. i 76
Acceptance in honor of particular ..." 76,77
As to liability of accepter to, for costs . . . " 79, 104
"When executors or administrators may be ., . " SI
Liabilityofyfor damages in an action by endorser on foreign bill . " §1 What will discharge . VoL 182,108, 129, 132, 141— iii. 133
As to proof of hand- writing of drawer or . . VoL i. 82
May, prove that note was put in circulation fraudulently "83
May note be so endorsed as to exempt . . " 8S
As to accommodation .... Vol. i. 85, 93, 105, 124
What necessary to charge . Vol. i. 87, 88, 91, 92, 94, 96, 112, 14»— iii. 131
When demand must be averred in an action against . VoL L 88, 127
Promise of, after being exonerated . "88,128
Implied contract of . . Vol. i. 90
Are initials of the name on a check sufficient to charge as mn . " 91
What constitutes reasonable diligence in giving notice to . " 93, 144
As to note for accommodation of . . . " 93, 124
As to notice to VoL L 92, 93, 94, 95, 96, 116, 124, 125, 128, 132, 138, 140
144— iii. 133 Where notice of protest should be sent to . . . VoL L 95
When, not entitled to demand notice . . . "97
Of a note corresponds to the drawer of a bill . . . " 96
Note may void against maker, and good against . . * 104
Is the, of a note liable for fees of protest . • • * 105
As to contribution of joint . • • • " 10ft
EN0OR8EMENT.
189
BlDOBStfr— Wbat a sufficient tender by . ^. To), i. 109
liVhat IS the maker or, of a note liable to pay . . ^114
When, must produce the bill . . • . <* 118 U^ accept part from the accepter ....** 133 A note or bill is primA facie evidence under count for money against ** 129
As to declaration against . . . . . ** 126
When may suit be brought against . . ** 134
As to proving hand-writing of . . . ** 136
May, be a witness to prove alteration in note . ** 138
Of what does the question of reasonable notice t ?, partake • ** 138 As to suit on protest for non-acceptance anc for non-payment
against . , , •* 138, 139
When, may demand rescission of the nle . • " . ** 141
As to notes taken up with a name on them • . ** 144
As to possession of truisferred by . . . . *' 145
As to liability when a man gives two . . . ** 145
The names of, make no part of the bill . . . " 146
As to agreement between, and endorsee to give time . *' 378
Security for liability as . « . . . **iil. 68
As to judgment against . . . . *^ 107
What sufficient to charge . . . . . ** 132
Eight of, for cost of protest . . . « <* 133
Lialnlity of, where note is sold for less than amount . . ** 134
As to mortgage to indemnify . . » "218
ENDORSEMENT.
EiiDoasEMENT— As to authoiity to, bills in joint names of partners Vol. i. 29
Can a factor sell the property of principal to pay . . '^ 31
As to lien offeictortomeet . . • . , '* 50
As to, by infant ... • . ** 69
Transfer of bill or check by . . . • . ** 80
As to, on a blank piece of paper • » . . ** 80
As to transfer by, after due . . . • . ** 81
By executor or administrator • . . . "81
As to transfer by delivery without ... ** 81
When holder claiming by, may set up want of consideration *^ 83
Ii, of a note not negotiable in the nature of a guaranty . « 84
I As to purchase of note without . . . ''SI ^ As to blank . . . Vol 1.84, 85, 134, 138, 139, 142,146
As to, of a note payable at a particular bank . . Vol. i. 87
Bill, in blank but made payable to a particular person by last . *^ 88
As to accommodation . . . • . ** 94
Can note made payable to two be transferred by, of one *< 101
Liability of accepter who pay under a forged . . . ** 103
A contract made by, extends to all subsequent . . ''104
As to proof that note was fraudulently put in circ jjation after . " 104
When payee parts with his interest by, after suit . " 109
Wh«TO, has been erased by mistake ... "183
May endorser be a witness to prove alteration afte: • <* 138
190 ENEMIES — ENROLMENT OF SHIPS.
Sksoeseii £ST^May attorney in £eict stnke out, at trial . . Vol. L 144 As to, on bill of lading . VoL i. 147, 170-41. 662,081— iu. 64, 66
As to middle name in, on promissorj note . . • VoL i. 293
What necessarj in declaiation as to, on notes . " 292,393
As to proof of -payment of interest Irf . . "3^,357 As to sheriff's, on execution ....** 382
Injunction to restrain the, or negotiation of notes, &c. . ** 464 Mortgage to secure ..... Vol. ii. 175, 178
When dormant partner is bound by, in name of firm . Vol. ii. 349
When one of several adventurer^ is bound by, of the others ^ 397
When, by one partner not in name of the firm will bind the firm . ** 360
As to blank, and delivery of bond . . ** iii. 62
When, need not be proved . . . . . " 133
As to, on a note sold for less than amount ... . ** 134
By holder of note does not dispense demand on maker . . *^ 298
When note appears by, to have been partially paid at maturity ** 298 What promise at time of^ and subsequent amount to waiver of dem'd ** 298 In pencil mark ...... Vol.!. 86
As to gift of promissory note without . . . '^ iii. 375
As to, by one partner . . . . . " 444
ENEMIES.
GnKMiES — What is to be understood by king's . . Vol. i. 174 Can a citizen of the United States purchase license fix>m public . ** 254 What is meant by the clause "lost by" ..." 528 Where ship was driven on, coast and captured . . . . ** 529
Seizure under apprehension that ship belonged to . . ** 531
Effect of trading with, without leave of owner . . ** 541
As to salvage to men of war, &c., to recapture from . . " 556
As to loss of sails in escaping from an . . '^ 559
When captain has to go into port for fear of . . " 561 •
When ship is arrested on suspicion that she is an . . " 608
When ship falls into enemy's hands . . . ** 569
Where ship to avoid, takes shelter under fort . . . ** 572
As to ownership by capture from an . . . ** ii. 583
Where ship is captured and becomes a prize to . . ** 586
As to freight in cases of capture by an . . *^ 669, 674
As to goods saved from . . . . . " 681
Salvage on property received by way of donation from '* 682
Captain not bound to employ fraud even against an . . '^ 686
As to capture of an, ship with cargo . . . '* 688
As to title acquired by an alien . . . ^ iii. 30
ENFORCEMENT.
EnvoRCEMENT — As to, of rights . . 4 . . Vol. ill. 361
ENROLMENT OF SHIPS.
£nROLMEirT OF Ships — Act of congress relating to • . VoLiii. 360
As to registry and, of vesiel ' . . « 409
ENTAILS — ENTIRETY — ENTRIES — EPISTOUE — EQUITY. 191
ENTAILS. £ii TAILS — As to inconveniences attached to . . . Vol. i. 320
As to an estate which may be . . . . " ii. 20S
ENTIRETY. Emtikxtt — ^As to a deed to a co-partnership where each takes an Tol. ii. 323
ENTRIES.
Ehtkiks — As to interest of mortgagee before, to foreclosure Vol. iii. 434
There must be an, during coverture to enable the husband to claim
tenancy by curtesy . . . . ** 429
As to right of^ upon lands . . . Vol. ii. 17 — ^iii. 218
As to a judgment recovered in a writ of . . . Vol. ii. 18
Rule as to the obligations of one who, upon land without the con- sent of the owners .... When an, on the land of another is an ouster When an, is a trespass ....
As to, on lands under color of title Right of mortgagee to take possession by writ of When mortgagee has a right to, and hold the land . As to right to redeem of . When, by mortgagee will bar right to redeem Where contingent remainder vests in grantee by right of As to conditions of re-entry reserved in lease Where, is warranted by verdict
What, on real estate necessary to constitute attachment As to limitation of a right of, upon lands When reversioner has an immediate right of When the wife's estate is vested in husband without . *^ 337
ENTRIES (BOOKS OF).
Ert&ies (Books of) — Who must make, in When such, may be given in evidence As to forms of declaration in . . .
As to, of sales by auctioneer .... As to, of judgment . . . • .
As to, of a conmiissioner at a sale of land
EPISTOL^. Epx8Tol£ — The, of the Romans were imperial opinions
EQUITY,
Equity— -What is, in its most general sense
What is, as practised in England and the United States
What are the ten heads of^ jurisdiction
As to leading maxims governing courts of
As to, where agent exceeds his power
What a settled rule in, as to duty of agents
Rnla in law and, as to responsibility of principal for acts.of agent
|
(( |
71 |
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u |
116 |
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u |
116 |
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u |
117 |
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u |
184 |
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a |
185 |
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u |
198 |
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u |
240 |
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M |
530 |
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11 |
539 |
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• . |
C( |
548 |
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" iii |
. 78 |
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tt |
214 |
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M |
336 |
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Vol. |
iii |
136 |
|
i( |
136 |
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ii |
579 |
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i( |
iii |
.128 |
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u |
118 |
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n |
270 |
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Vol. |
ii. |
66 |
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.i. |
341 |
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u |
341 |
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343 |
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21 |
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tt |
27 |
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tt |
37 |
192 EQOITT (continued)
Equity— As to bill in, to compel an account YbLi. 48 Kstablished principle in, as to agent making himself an advene
party to his principal . «* 38 As to attoHidy's lien extending to balance resulting from the, be- tween the parties , . . "51 As to suit in, to compel principal to complete contract of agent " 92 When court of, would compel bank to allow use of its name . " 53 When a judgment and obligation under seal may be assigned in, by
writing without seal . . . . . *^ 63
Will mere gratuitous forbearance exonerate surety in "70 When title transferred by assignment of a note not payable to order
will be recognized by court of . . " 85 Courts of. will give eflbct to and protect assignment of choses in
action . . . "10ft
When endorsee of lost note must resort to court of, for relief . " 109
When note or bond cannot be enforced in . . . "113
When endorser is not entitled to protection of court of, as surety " 126
What will entitle a person to . "186
Who shall not have . . " 186
Maxims of; as to satis&ction . . . "187
What must prevail where, is equal . . " 187
As to real estate to which absent debtor is entitled in . " 187
When court of, will correct mistake in an instrument . ' . " 187
As to jurisdiction of court o{j pn the ground of discovery . "187
As to defendant in, who has obtained patent of land not in his entry " 188
When court of, will annul contract . . " 188
As to plea of an account stated in bar to bill in . . "188
Rule in, as to right of redemption by judgment creditor . . " 188
When, will not permit debtor to be harassed . . " 188
When court of; afford relief where debtor has abandoned the country " 189
As to constrrction of letter of credit or guaranty in court of . " 189
As to relief tr, on equitable title mexged in a grant . . " 189
As to cases where it is necessary to go into, for discovery . " 190 A principle in court of, as to when statute of limitations is a
bar to an equitable right . . . "190
As to an attachment to compel performance of decree in . " 192
May court of, allow amendment to bill after deciding against it " 192
May bill in, be amended on payment of costs . * 192
As to right of appeal in, how limited . " 104
As to ground for presumption of fraud in court of . . " 196
As to ground for relief in, against a bargain " 200
When, will decree performance of a contract by husband with wife " 211
As to bill in, to compel a discovery as to promise of marriage " 228
T^n what conditions will, relieve against usury " 248
Ap old head of, that representation must be made good . " 264 Wi«en parties claiming under an unrecorded deed may come into
court of, for discovery . . . . " 296 Who must be parties in a suit in, by claimant of an incumbrance against vendee . • • . .
299
EQniTY (continued).
193
Eqvxtt— At to remedy of parceners in, for an account
When coart o£, may cancel deed and decree reconveyance of land On what ground will lapse of time be permitted in, to defeat an
acknowledged right .... Am to admissibility of depositions in, jurisdiction When executor may be sued in, on note for debt due by the estate When must relief be sought in, in cases of equitable title* Ab to rule in courts of; that fraud is not to be presumed . Grounds upon which courts of; interfere as to marriage brokage I contracts .....
When surety is exonerated in, by creditor giving time As to relief in, for money lent to infant As to bill in, to compel defendant to disclose whether he proimsed
to marry ..... As to matters under a policy within the cognizance of courts of Assignability of a policy in ....
As to relief in court of, against a judgment of a sister state Bule as to power of courts o^ to grant relief against a judgment at
law .....
As to jurisdiction of court of, to relieve against gaming debt . When relief will be granted in, on the ground of concealment Wheu, will give relief to surety .... As to supplemental bill in, praying discovery of title As to suit in, to set aside a fraudulent deed Kule in, where one has a lien on two funds and another has a pos- terior lien upon one of them How are the statutes of limitation considered in When presumption of payment on a bond is allowed in As to trusts which are the creatures of the courts of When statute of limitation does run against The statute must be pleaded in, as well as in law General rule in, for construing trusts raised by marriage articles IXstinction taken in courts of, as to the parties When court of, correct mistakes in marriage settlements As to marshalling assets in the sense of courts of As to jurisdiction of court of, to administer funds As to who can maintain suit in court of . Rule in, as to securities or pledges in bond of surety As to conveyances as security for money how considered in . As to leaning of courts o£, in doubtful cases * Rule in, as to changing a mortgage into an absolute sale As to English, jurisdiction . Rule in, as to lien of vender for real estate sale Rule in, as to right of mortgagee to claim the benefit of policy of
insurance ..... When trustee may sell without an order of a court of When, cannot decree that defendant pay balance All mortgages may be foreclosed in . * .
When, will not sustain a bill to foreclose a mortgage 25
Vol. i. 271
" 30Q
« 361
«< 366
« 386 "899,400
*< 400
« 412
« 419
" 422
« 453
« 587
« 690
« ii. 16
« 23,24
u 24
« 25
tt 42
* 113
"1H169 "115,116
« 118
" 119
« 119
** 129
« 158 « 168, 159
" 160
« 166
« 167
* 169 170
« 171
" 172 .
« 174
« 177
« 180
« 185
" 197
« 198
" 200
* 200
194
SQUITY (cOMT1NU£D).
Squiit-— Rule, u to what things are citable of heing xnort^fagtd How is the mortg&ger comideied in . . ,
Doctrine aa to mortgages ... When, allows a redemption on the pt jnciple of relieving against for- feitures ......
Who can maintain a hill in, to obtain a rec3nveyance €k>urt of, will not assist in depriving mortgagee of security Who may come into court of; for a redemption As to right ijo, of redeeming mortgaged land As to the power of enforcing the right of redemption •
When court of; is obliged to marshal the burthen according to the, of difTerent claimants ....
When, '^Uii^t«iftTe and compel a redemption .
As to remedy of pawnee by bill in, for foreclosure .
When bill il^ will i^ot.Ue on.behalf of the pledger
limitations of law and, are usually the same
;When iportgagee ttppa a- bill in, vrill be entitled to judgment ofpos-
Rttie in^ as to ttine within which defendant may be allowed to re- deem nppn a hi)l of foreclosure
Rule in^ as to jgofkiance of or a ^ntustake in law
Principle adopted by, courts of; to protect those who axe unable to protect themselvfs
Gases in which relief has been gtantefl in, upon the giQvn^ of mis^ipe
As to mistske in matters of fiu!t relievable in
Courts of; will not relieve in every case of misti^ of material &et
Does not enforce m^ se moral duties
As. to what M one of the peculiar branches of; jurisdiction
Conrts of, will compel performance of agreement
As. to relief in court of, for mistake in agreement
Conrts of; wi^ grant relief in cases of mistake in written c<mtnict
As. to contract for a loan, how held in
Rule as to persons (or whom, will interfere to correct mistakep i^ written instruments .
Rule in, as to mistakes in the execution of power ' What will entitle a court of, to interfere
As to relief in, when instrument is without seal or signature .
As to relief in, ^r excess of power
As- to court of; where equities aie equal
Rule in, as to correcting mistakes in wills
Rules as to authority of; to grant ne^ trial
Court of; will not grant new trial merely because injustice is done
As to, grapUng new trial on the ground oi newly discovered evidence
8uiprise sometimes ground for, t? grant new trial
As to bill in, to eftbct a partition ....
As to ground of, jurisdictio|i in cases ot partition
As to partition at law and in .
I}pon what partition iii^ proceeds
" ' 208
« 209
« 209
« 210
" 210 211
a 212 "213,214
" 214
" 216
" 222
•« 233
(« 236
« 237
« 238
«* 241
:« 245
« 246
« 247
.« 250
« 250
" 251
* 251
« 251
.« 251
<V 252
« 253
« 254
« 254
« 254
« 255
« 255
« 255
« 275
' 275
« 275
« 275
« £94
•* 294
« 895
« 295
BQUITT (cONTINUBD).
IM
Eqvitt— What essential to a partition in . . YoLiLSIOd
Aa to suits in, for partition . . . " 295
When real estate will be regarded as partnership stock in VoLiL 30fl^ ^9, 33Q, 323 Rule in, as to obligation of partners to each other . . YoLii. 306
Rote* established in, for the construction of partnership articles ^ 313
At to partnership articles being read in court of . • ** 312
BbV is good-^iU in possessional partnerships regarded . ** 326
As to accounts which require unravelling in . . . '* 328
Ho^ are covenants to Tefer to arbitration considered in • " 337
As to injunction by court of, in favor of a partner . • ^ , 337
Wlfen court o^ award an injunction • "338,339
Pltf^dings in, between partners • . VoL ii. 34(V-<345
RoTe as to a bill for acconnt .... YoL ii. 340
At to whb should be nnade parties . "^ 340
Ajb to right of a bankrupt partner to Ale bill ' . ** 341
Rute as to pTa3rer of the bill . . . , . " 34^
As to joinder of parties . . . • *' 342
' General rule as to the answer . . • ** 344
Remedy for torts by co-]partnelr ;. . . . ** 345
As to joint loans in . . . . ** 349
Rote in, as to liability of deceiased partner's estate . " 402
As to remedy by billih, for settlement . . . ** 404
Wh)in anaccount will be decreed in . ** .404
Priflciple of a court of, where no proviidon for taking the account
is set forth . - . Ho# does court of, proceed to wind up partnerships • When a partnership is Closed by the intervention of a court of As tb remedy in, for defiauded partner I WhSie, must be called in to mike partners contribute When partner has a right in, tb call for account Whmn court of, will interfere by injun(:tion as to patent Rote' in, as to lights of creditors in property over which a party has
a power of appointment As tb, aiding defective execution of power Distinction in, between non-^zecation and defective execution of a
power .
Whait is such an execution of a power as to enable the party to re- lief in, on the grtfund of defective execution In fiivor of whom will, aid in a defective execution . Intention muirt be shown to enable, to relieve . ' Rule' in, as to granting relief against a power Who may claim relief .
As to distinction between a power and a trust To whom may a valid appointment be made in As to assignability of contingent and executory interests in Ralein,as to allowing set-off . . •
Art6 set-off in, of cross demands What a court of, will not permit defendant to set-off . . ** 569
What cannot be set-off in law or . ** 571, 572
« 407
« 407
« 410
« 422
« 432 a 434
« 461
•* 499 ** 500
« 500 • •
** 500,001 502 ** 503 « 503 5((4 "504,505 " ^508 « 531 "567,568
196 EQUITY (continued).
E^viTT— As to what defence suretj may act up in V(d. ii 702
As to what will not exonerate surety in . . ** 703
When suMty may call upon administration in . . ** 706 As to when court of; will compel trustee to perform trust Vol. iL 700— Ui. 45
' As to what trusts courts of, will not enforce . . . VoL ii 710 General rules> in, concerning duties of trustees . . ** 713, 714 As to jurisdiction of courts of, in regard to trust . • ** 714 As to revocation of, a will in . • . " 725 Abatement of bill in, by a mortgager to redeem . . " iii. 12 Pefinitionofaccident as used in courts of . . . '^ 25 As to relief in, in cases of accident . • • " 25, 26 Rule in, as to preference of creditors in assignment • ** 47 Enforcement of assignments of . YoL iiL 56, 58, 59, 61 As to assignment of choses in action . . VoL iii. 61, 62, 68 When an assignment will be sustained in . . . VoL iii. 64 As to suit in, by assignees • . " 82 Is attachment the same process in, as in law . . ''94 As to what courts of, will treat as constructive fraud . " 102, 126 As to a note given as a fee to solicitor in a suit in . . ** 106 Rule in, as to contiacts between husband and wife • ** 132 When courts of the U. States have exclusive cognizance of suits in " 140 As to when, will entertain jurisdiction . *' 145, 146 Rule in, where woman contracts debts dum nla . ^ 191 As to what will constitute in, a valid assignment . • ** 200, 202 As to peculiar defence m courts of "213 When courts of, sometimes act by analogy to the law . • *'213, 214 Action of courts of; as to state demands . . ** 213, 214 When courts of, will interfere to prevent bar of statute . *' 214 As to limitation where courts of, have peculiar and exclusive juris- diction . . . . . ** 214 As to relief in, where notes are misdescribed mortgage . " 218 When courts of, will not grant new trial . . . <* 223 As to claim of partner in, against co-partner . ^ 226 As to when bill of review will lie in . . . ** 237 When sheriff may leave parties to their remedy in . . ** 239 When court of, may consider performance waived . . <* 240 * As to a valid assignment in, of a ship and cargo . . ** 264 ¥ When court of; will enforce a contract . . " 309 As to the doctiine of courts of; in the United States upon a compro- mise of doubtful claims . . ** 310 When compromise will be set aside by a court of . . * 311 Courts of, allow curtesy of trusts . . . . « 337 When creditors may sue debtors din ctly in . . * 343 When residuary legatees may go into, to enforce lien . . " 344 Doctrine maintained by courts of, as to breach of trust . « 344 When courts of, will relieve as to delivery of goods and chattels . " 340, 347 When difficulties as to suit in, become insurmountable . ** 360 What a sufficient ground to annul a bargain in . • "360, 361 Rule as to parol testimony in ... "361
* »^
EQUITY OF REDEMPTION. 197
Eqititt— Rule in, as to mistalces in a deed .... VoLiii. 361
Rule in, as to answers to bill . • " 361
Meaning o^ in jurisprudence of Eng^land and Amenca . . " 361 As to, jurisprudence ....." 363
Forms ofproceeding of conits of, are flexible . . ' . ** 362 Where real estate is purchased for partnership purposes and on
partnership account, how held in . . ** 440
EQUITY OP REDEMPTION.
Eqvrrr of Redemptxom-^Is an, subject to sale on an exectttion • Vol. L 66
Is the wife of a mortgag^er dowable on . . . ** 323 Can the husband .dispose of the wife^s, without making provisions
for her snpport . . <* 452
IVhere, had been sold upon judgment . . . ** 479 Where purchaser of an, will be permitted to redeem the estate YoL iL 179, 210
As to what will bar, on the part of the grantisr . YoL iL 197
When mortgager may flle bill to foreclose the . . • ** 201 The, may be foreclosed by the mortgager ..." 201
What is the doctrine as to the mortgager's . . . " 200
As to sale o^ by mortgagee . • " 209
When mortgager may become the purchaser of the , • . ** 200
When the purchaser of an, pays the mortgage debt ... " 212
As to conveyance of an, in fee by deed . ' . . ' ** 212
May an, be sold under an execution at law . . *' 214
Purchaser oi^ cannot avoid the mortgage by proof of usury " 18$ Where the owner of an, pays off a mortgage and takes an assignment
fit . ., . . . " 189
When foreclosure and sale will bar the . . ** 197 When defendants are not permitted to litigate claims upon the,
merely . . . . ' « 190 As to transfer of so much of the, as is not vested in subsequent
mortgages . - . . « 202
When purchaser ot, may have sale of premises stayed . " 204
As to protection against the owner oi the . . ** 206
As to the changes which the title to the, may undergo . "208
Rule as to right of widow to dower where husband dies seized of an " 213
Wh^ere bill is filed by severel as owners of the . . . " 213
As to the power of enforcing the right of . . . "213,214
When there exists an, which may be asserted . . . " 232
As to estate of a tenant for life in an . . "237,238
Where, is barred by decree . . . . " 239
Astowhatiimountstoabarofthe . . Vol. ii. 239, 240, 241
When length of time can be a bar to the ** 239,240,241 As to plea that the plaintiff had become possessed of the, by pur- chase . VoL iL 470 Ai to a decree of foreclosure on a bill brought subsequently to an at
tachmentof an • . " iiL 77
^ may betaken by attachment . • • "OS
198
EEASURE — ^EBROR ESCAPE — ESCHEATS — ^ESCROW.
i:RAsnRE.
^EABiTRs— When a bond may be void by . In a deed at to when nude Question as to whether, aie material. . As toan^ipaAiioniateiial.paitof adeed •
ERROR. EaftORr- When a party ie driven to hU writ of
As to writ of, to reverse judgment Vol. i 40, 41*41. 19,
Vfhen defendant must put in special ball on bringing a writ of
As to, in a decree which has been affirmed by court of appeals
As to, in pleading .....
As to the line which separates, in judgm,ent from usurpation of power
As to when writ of, lies
W)ien writ o( will not lie
Necessary amount in dispute to entitle to writ jof ,
Effect of, in process
Mandamus to give party the benefit of a writ of .
When writ oC abates
When writ ofj does not abate
When a garnishee may have a writ of
As.jto removal of criminal causes by writ of
VoLLl49
« 3ia << iiL149
Voli. 15
3a— iii. 25,97
VoLil02
« 196
« 315
« ii aa
« 40,41 VoL ii. 40, 41, 55— Ui. 146 Vol. 11.41,42 « 125 « 139 " in. 13 « 15
tt 03
« 118
ESCAPE.
Bboapk— When plaintiff may sue the sheriff for As to kiliing prisoner who endeavors to Who may break open a house to which a felon has As to warrant of arrest where there is supposed danger of As to judgment where sheriff was sued for an Where defendant upon nt txeat^ from custody . . Nil debet a good plea for an .
As to, from arrest on bench warrant after recognizance Rule for assessing damages in cases of Liability of jailer where a. prisoner, out of 'execution As to punishA^ent for aidipg, of felon As to, of debtor from the limits of the jail As to breaking prison and, before trial As to an app^l by bail on a judgment fox Af to a murderer being suffered to Wh^re defendant had been convicted and, before sentence Af tQ breaking the house of another to effect an
ESCHEATS.
Es^BSATS^What are, the legal fruits of To what are, aj^lfci^bje ,
ESCROW. EsoEow— As to evidence that a note was left as a:
VoL,L115
'< 426,436
440
Vol.L445— iii. 41
VoLii. 17 « 264 « 478 <* 522 « 580 « 560 "iii. 41 ** 204 « 231 « 276 " 283 " 284 « 3W
Vol. liL 146 « 146
Voi, I. Ill
£6TAtE.
1^
Sibib^v^'Where a deed u deliyeied as ah, when doet if take e£Met
'Where a/amiw $oU executed a deed and was maiTied b^fiiie it eekM
to be an . Wiien it may be shown that a deed was dil]i«<eM ai an, on a ttm*
dition not peiformed ^ .
^ ESTATE.
SstATi — Assignment or transfisr of interest in .
As to notice to an endorser who takes aii assighfAen^ of aU the, of' the maker ....
When the duty of assignee to attach, of the debtor
As to preference of the United States out of, of bankrupt
"Where letters of administration to makers, were taken out by en- dorser . . . > .
Restriction on legislatures as to passing lawft relative to
what is an, held in coparcenary
From what does an, in coparcenary always arise
Coparceners'have a distinct, with a right to the possession Ih aim* nlon .....
Joint tenants may hold, in fee ot in tail
As to d^laration 'of one who sues as heir to an
Wjien legislative are to be construed as, in common
Vniat n&kes the deed effectual to pata the, of a/dmfK caviH'
As to enlarging a liiiB, Into a fee .
Will not the word, in a devise carry a fee
As to woids'which colivey an, tail in land
As to disability t6 dispose of, by reason of drunkennesi .
As to a contingency to defend on an, of freehold
What did Westminster Hall introdace to bar, tail
Executory devises relative to .
As to profits of an, of an infant dying intestate
As to alimoiiy to wife of husband's
As to ddwer of aH, of inheritance
Is a wife doWable of a trust
As to ddwer when a nun has the seisin of an
As to competency of bankrupt to prove debt due to hit '
Authority of execlitorB as tb • . •
Effect of an executor giving his note for a debt due by '
As to administeritkg, by heirs
As to tenancy by the curtesy of trust
As to infimts and'their
When the wile at marriage is seized of ati, of inheritBne# '
As to a husband's' inchoate rights in the, of his wife
As to conveyance of trust, in marriage settlement .
Injunction to restrain a trustee from assigning the legaf *
What effect has a jud^iment 'up6n ati, for years
A^ to a surrender of
As, to effbct of the words *' touching all my temporal!^
Where testator directs his, to be sole"
Vc^i.a66
301
862
VoLi. 63
|
a |
97 |
|
« |
107 |
|
. i 118-ii. 108 |
|
|
. Vol |
i.l32 |
|
it |
257 |
|
tt |
270 |
|
<i |
270 |
|
• « |
270 |
|
« |
271 |
|
M |
292 |
|
tt |
297 |
|
^ ' U |
308 |
|
tt |
318 |
|
CC |
316 |
|
c< |
319 |
|
tt |
319 |
|
u |
320 |
|
M |
320 |
|
tt |
321 |
|
tt |
323 |
|
CC |
326 |
|
U |
327 |
|
tt |
329 |
|
tt • |
330 |
|
tt |
35$ |
|
tt |
385 |
|
tt |
380 |
|
. •* |
391 |
|
M |
400 |
|
a |
421 |
|
ci |
451 |
|
tt |
453 |
|
tt |
454 |
|
c< |
464 |
|
« |
iL 22 |
|
« |
• 73 |
|
« |
77 |
|
« |
86 |
900
ESTATE (citmVlTED),
EiTATB-^tatote does not bar a charfe upon an •
Rttleastodiaability of insanity as to ...
What necessary to create a separate .
As to settlement of interest in former husband's
Riieofonlerinmarsl^lingassetsas to » YpLii.
As to rights of encumbrancers to ...
When purchaser of equity of redemption will be entitled to redeem
Rule as to allowing mortgagee for care and trouble of
When mortgagee bound to keep, in repair
Where the, is deficient to pay the incumbrance
As to reconveyance of an . . . «
When equity will relieve where there is a mistake as to
As to allowance to parents out of infants'
Provisions as to the partition of .
Liability of joint, to pay joint debts .
As to administration of bankrupts, under a joint bankruptcy
As to what is joint . . . ^ .
As to what is separate
As to joint and separate, of partners in bankruptcy
Limited in de&ult of appointment
Where the, is settled upon the eldest son
As to a life, with a power collateral
As to a power of attorney to sell an .
What is a remainder
As to vested and contingent remainders of
Rule in Shelley's case as to
Rule as to legal, how held in equity
Rule as to particular, necessary to support a remainder
When the particular, terminates before the remainder can vest
Rule as to the destruction of contingent remainders
What assignment does not divest assignee of his
As to set off of debt dae from, of testator
As to portions o(, reserved to, heirs
Is not a devise in the nature of a conveyance of a particular .
Shares of^ of posthumous children in Kentucky
When, must descend to the heirs
When, of alien descends to next akin '
When the lepl^ passes and veste in the trustees
Rule of preferences in the case of insolvents
When foreign attachment is dissolved upon issuing commission of
insolvency against D<)es an attachment change the, of the debtor As to proceedings against of, of imprisoned debtors As to attachment against, of absent or absconding debtor As to administration of esteto of deceased administrator Wi^n a husband may settle a separate, on his vnfe . Bstates decedent Liability of executor for waste of As to support of infiuit ward out of his
VoLiLiat
" 146
« MO
« ' 161
166, 167, 168
YoL ii. 176 ** 179 186 « 187 « 197 <' 214, 393 " 255 « 291 *< 296 <* 408
496 tt 43^
« 439
« 439
« 506
"< 508
« 510
** 61t
« 52T
528
« 529
« 530
530
« 537
** 572
« 716
tt 722
« 724
726
" iii. 30
54
« 78 « 79 « 82 « 83 115 " 133 "146,147 « 155 « 1T»
K8TATB.
doi
StTATB— As to intaiMt on, of intestate Vol. iU. 309
As to a legacy to be served from a general, instanter ** 211
As to a bequeath of a residuary, in trust . . . ** 246
Executor can create no debt against, of the deceased . . . ** 2S8 As to conveyance of the, by a tenant by the curtesy . " 336
As to how an, of tenancy by the curtesy is created . . ** 336
Under what laws is this, to be found • "336
Yariation in Scotland of the curtesy from that in England as to \ 336
Act relative to the distribution of intestate's, in S. C. . . *' 337 What things are requisite to an, by the curtesy . ** 337
As to when the law vests the, in the husband . . . ** 337
As to the description of, intended to be conveyed by deed ** 346
VSTATSS PBSSONAI.. *
Contingencies respecting, assignable in equity VoL i. 63
Can an infant devise his .... ^ 317
Executory devise relative to . • ** 321
When and for what purpose a guardian snay sell '^ 49$
for what reason may an infant male at fourteen and female at twelve
dispose of their . ** 461 \n alien may take and hold, for his own benefit ' . ** iL 74
Vs to bequest of . . ** 82 Is to a testamentary gift of . • <* 84
Js to a devise of all his, to wife . ** 86 iU to a devise of real and *' 25
Yhe, is the proper fund out of which to pay debts . Vol. ii. 97, 166, 161
4s to a trust for the payment of debts in a will of . Vol. IL 127
As to a lunatic entitled to real and . *' 134 As to what a devise of a man's, carries with it • • " 185
Where real or, is turned into money . . . " 188
What to be considered as .... "321,323
As to conveyance by partner of all his interest in the real and . ** 392 A powei cannot be delegated over . . . ** 493
When a testator gave the residue of his, to his wife . ^ 405
As to deed of settlement conveying real and, to trustees . " 495
Where fund consists partly of real and partly of . . *< 507
When rent becomes part of the . . '^ 533
A married Woman in England may make a will of . . " 117
When foreign attachment issues against, of absent debtor . '^ iii. 87
fiB to distribuiion share of an abseftt debtor of . . . ** 89
Ai to right of next akin to . . . . <^ 156
When proceeds of real are to be distributed as . , ^ 156 When testator directs his trustees to invest his real and ** 496
ESTATX REAL.
As to bill in chanceiy where absent debtor leaves, to which he is
entitled in equity . .... VoL i. 187
Anthority of chancery to compel contracts upon, in a foreign countiy ** 239
As to corporations holding .,,.** 278
As to proof and recording conveyances of • • ** 303
26
$(tt EStOPPfiL.
fisTATK— ^As to the discretion in a deed of all and Bingnla^ the, flfcc. V«fl i DoS
Executive devises relative to , . . . " 381
Descent and heirship of, how governed , . . ** 323
When was dower of widow extended and applied to . . ** 328 Can vendee o^ object to payment of a note on the ground of fiaud-
uient conveyance . . . . " 403
Whatnecessary in order to sell, of infant • / . *4fe5,426
May a wife convey her, to her husband . " 492
As to conditions annexed to a devise of • . " iL 81
Rule for vesting legacies payable on . . . * 91
As to a devise of- . . • . ** 99
To make pecuniary legacies a cnarge upbn, . . ** 96
As to priority of United States relative to . . " 110
Oase of a lunatic entitled to penonal and • • " 134
When creditors may resort to both personal and • • ** 167
As to, acquired with partnership funds • . ** 305
As to, held by partners . . . . • ** 821
Where, is pufthased for partnership purposes . VoL ii. 322, 823— 4iL 440
As to transfer of, by partner . . . , Vol. ii* 359
As to trustees named in a will for the sale of « ** 367
As to mortgage or lien on, of partner . . . " 860
A power can be delegated over ... *^ 403
As to deed of settlement conveying, to trustees, he ** 499
As to power to an executor to sell and dispose of . " 496
WheBainanied woman may will . • . ** 717
As to formalities required in the execution of a will of . * 718
As to witness required to a will devising . . , ** 719 As to attachment o( of which the debtor has only an instantaneoot
seizure . . . ** liL 76
As to entiy on, to constitute an attachment . . ** 78
When foreign attachment issues against, of absent debtors • ** 87
As to conveyances of, by an attorney in fiict . • . " 12^
As to lien of judgment upon . . . . " 142
As to right in fact and in law to the, of ancestors . . ^ 147
When is directed to be sold under a power . . '^ 196
Where guardian invests the property of his ward in . ' . ** 176
Asto, of wife in South Carolina . . . ** 337
As to when power in trust to sell, must be executed . " 453
When testator directs his trustees to invest his personal and . " > 496
Testator devised his, to trustees in trust for his son . . ** 502, 909
ESTOPPEL.
EdffOFPKL— What will, the gianter of a deed . YoL L 309
Astopleadingpiiorverdictandjudgmentby wayof • ** 370
When party to a contract is estopped . . • ** 409
Whenajudgment willenure by way of . . . ** iL 17 When defendant is estopped from showing judgment to be fiandti-
lent and void . . * 18
Rule that judgments need not be pleaded by way of . . , "^ 98
What will be an, to partner o ^. a bUl negotiated after distotiittaa **" iOO
XBTOVBRS EVASION EVICTION — EYIDSNCB.
203^
fi^ToppsL — When, is waived by plaintiff joining issue As to tcans&r of contingent remainder by way of As \o conveyance by way of . When a lease and release will work an . ' .
As to replication concluding the defendant by matter of WhjBn an assumed attorney is estopped to deny that he is an attorf ney .... ,
ESTOVESa XtroTSKs— As to, of wife how recovered . . . .
EVASION. Iv^sjoN — ^Will the court of law sanction any Idad of. artifice 1o «vad8' tha . statutes against, usury »
EVICTION. CncTio;! — When purcnaser must prove an actual Effect of a judgment o^ against a tenant What is an, by title, paramount
As to plea of an, to an avowry .... When purchaserjn danger o^ may require security
EVIDENCE.
or THK ATTBNDANCX OF WITIfXSSBS.
EviDKif OS — How are witnesses compelled.to. attend . As to papers deemed necessary, in the cause As. to power of chancery to compel attendance of witnesses in other courts ......
l^n what does the coercion of the attendance of witnesses depend
ADHISBIORS BT A PAftTY TO THK SUfT.
Rule as to admissions of parties to suit as .
Rule as to admissions of partners as . . .
What necessary to render admissions
As to parol, to prove a confession
How confession of a prisoner is to be construed ,
Facts upon a confession improperly obtained
As to dedasation of a supposed agent
Rale when party refers to an agent as .
As to the admission of verbal declaration of auctioneer as
When the admissioii of one co^fNirtner is sufficient pfoof against all
When conversations are admissible as
Admissions of party when given in, how must be takenr
ormB iKooKrBTBBCY' or wimsasxs;.- By whom the competency of witnesses to be determined . Objections by law of En^f^^d lo.aojopeteacy Role as to admission of children as .... Rule as to defeot oCwUgious pixiBi«ip)o.^ . What offences incapacitate fipona ip?ing • •
How may con^tency be ie8tor&i • • •
Vol iL 478 " 531 « 531 « 531 «* 54(>
« iii. lOd
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YbLi. |
336 |
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VoLi. |
108 |
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VoLii |
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!304 EYIDE^^CE (ccNTINUED).
EtidAn CB — Rule as to the admissioii of accomplices to giye "What is meant by appioyement . Rule as to incompetency from interest Rule as to nature of interest which disqualifies As to disqualification by liability for costs Rule as to competency of bankrupt in suit by assignees Rule as to admission of party to suit as . . .
Principal exceptions to rule . . > .
By one who suffers judgment by default for misdemeanor Rule as to husband and wife giving, for or against each othei Exceptions to rule .....
General rule as to incompetency by interest to give As to competency of payee of note to prove an alteration . When the drawer of a bill is a competent witness As to competency of endorser to prove that note was fraudulently
put in circulation ..... As to competency of borrower to prove usury As to incompetency of a party to a negotiable instrument by his own
testimony to invaUdate it . Vol. i. Ill, 112, 133, 134, 949
As to cpmpetency of purchasing agent as witness . . VoL i. 370
Is the granter of a deed a good witness to invalidate it *< 30S
When a void deed may be read in . . , . . *< 308
or CXBTAIN EXCEPTIONS TO THE 6EKXRAL RULE ON THE SUBJECT OV
INTEREST.
What is the general rule . . • ' ^ . Vol. i. 392
What are the principal exceptions to the above rule • ** 352,353
When the borrower is competent to prove usury . . ** 112
or THE ADMISSION Or OOVNSELLORS OR SOLICITORS TO OIYB TE8TIVONT.
^ As to counsellors or solicitors giving . VoL i. 353
Rule as to an interpreter between an attorney and his client . " 353
Whatmay be shown by afiidavit of counsel . . .. ** iL 267
As to what an attorney may be reqiiired to testify to • *' 111
or THE COMPETENCE OF THE PARTT INJURED.
Rule as to competence of injured party to give, in eaminal prose- cutions ...... VoL i. 354
What is the exception to this rule . ** 354
Rule as to the admission of party to a negotiable ju>te as a witness
to prove usury . . . . «• 249
As to competency of party prejudiced to provs J^T^oxf . ** ii. 488
THE MEANS BT WHICH COMPETE VOT Or AH IHTBBBSTEO WITNESS MAT Bl
RESTORED.
As to tegular mode of objecting to competency of . VoL L 355
As to mode of proving interest of ..." 355
To restore c6mpetency of bankrupt to prove debt due hit estate * 355
To render a residaaiy legatee competent to gire • « 355
EVIDENCE (continued).
20(V
or PRXSUMPTIVK AND HEAE8AT SVIDEMCK.
EyxDKN CK — What is understood hy presumptive
Who must detennine the force and efl^ct of presumptive As to presumptive, of payment of bond What, will rebut presumption of payment by lapse of time As to, of payment of interest within twenty yean» As to presumptive, of a grant or charter General rule as to admission of hearsay What are the principal exceptions to this rule , As to hearsay, with respect to the death of a person As to hearsay, with respect to boundaries As to, of what was uttered by a stranger Exceptions to rale respecting the rejection of hearsay Why is a dying declaration admitted as Kale as to proving boundaries by hearsay . As to fraud established by presumptive A* to what is presumptive, of partnership When hearsay, to prove pedigree ought to be received As to presumptive, of ^udulent intention "^ As to presumptive, of a discharge of judgment .
OV VBIXA YACIK KVIDKKOX.
What is meant by prima facU
Am to prima /aei€y of assignment of interest
What IB prina facie, of property, in negotiable pq[»er
VHien prima fade, of due diligence is sufficient .
As to prima facie, under a count for money
As to prima fade, of title
What is prima facie, of payment by maker .
What is prima facie, of consideration in bond
What amounts to prima facie, of negligence
As to j»nma/aCTe,-of incapacity
As to j»ifna}%ict€, of fraud
As to what is prima facie, of dc bt
As to prima facie, to charge partner
iViRMi/aae, of an intent to defraud creditors . .
As to prima facie, of official character
As to foreign judgments being prima facie
What held to be ^pnma/aric
As to |irima/aa€, of legitimacy
As to prima facie, of want of probable cause
As to prima facie, of neglect
iVima/acie, of joint debt
As to prima fade, of proofs regularly made
A receipt is prima fade, of what it purports to be upon the
As to prima fade, of correctness of account
Is suicide prima fade^ of insanity
As to prima fade^ of notice of rvsn-payment
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Vol. i. 356 |
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« ii.375 |
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Vol. L 360- |
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ToLi^ 114,119, 125^ |
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VoL i. 96 |
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515 |
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« 621 |
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« iii. 147 |
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« 198 |
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«30O,3OI |
906
STIDENCE (gONTINUBD).
EviDXHOV — As to prima facU^ of malice
As to prima/acie, of want of probable cause
Vol iii.4aB
*< 430
BTIDENOB TO BE CONFIXED TO TBB FOIHTS IM S8SUX«
Rule as to confining, to the points in issue . . Vol. i. 361
Rule as to, under tlie general issue of non oifiw^wi^ . • ** .361
Asto, under the issue of noneit /actum . • • . ** 361 As'to, under plea of not guilty in an action of tarespast ^Mmtttamm^
frigit . . . . . . « 362
Rule of admitting, in oriminaliMrosecutionB . " 362
Vfaatmaybegiveninfmiderapleaof notgttthy . . . ^ 363
Rule as to admission of, of chaxacleT in ci^il suits . . ** 363
Rule as to admission of, of character in trials i>r felony . . ** 363 Can plaintiff in an action of general mdditutui^uimquit fyrwtrtit^
give in, proof of special agreement • * 11
In what cases verbal declarations can be received as > "36
As to what, is required in suit on botlomiybond . . " 1SS3
As to, to avoid or confirm a contract en the ground of inAmcx ** ^
f?hen an averment most be sustained by pioof • * 266
OF cvinsNCE m couets of xquirr.
General rules of, in courts of equity . . Vol. i. 363, 364
Principal exceptions to general rules of; in equity . • *' 363
jks to objections to interest of witness in courts of eqoity • * 194
When depositions may be read in appeUats court . ** 104
*ABlooflbdng.iMrw,byappallBn1; . /< 194 When parol testimony should appear in the record in chancery
cases * . . • ** 195
As to satisfiM;tory proof of mistake in a written eoatiaet . ** 066, 967
OF THE ESAMIEATION OF WITMBSSSS
As to proceedings preparatory to the ezaminatioa of « YoL i. 364
By which party is, first examined . • • ^^ 364
"What are leading questions . • . " 365
To what only should a witness depose • • "365
Rule as to receiving opinion of witness . . • " 365
As to cross-examination of . . ' . . ** 365
OF miposiTioMs, EXAMiirATroirs, lAQtriSiTroifS, xro^ In what cases are depositions most generally taken . Yol i. 366
« 366
« 367
« 367
*« 367
« 367
« 367
« 13
« 13
« 194
* 363
As to signing depositions by witness
Rule as to admissibility of deposition after death of
Principal exceptTons tp the rule .
As to certificates of consuls and vice-consuls as
As to depositions taken at coroner's inquests
£ fleet given to inquisitions of lunacy
>Vhat is an affidavit
When are affidavits admitted In
When depositions cannot be rejected
IST^ien written deposition^ are required
BVU^SNCS (COKTIKUBD). !9l07^
ff7osRf!9^Efiect of the inquisition of lunacy • . VoLU.X34
, A8,,to admission of affidavits to show value of propeity in dilute ^ 42
As po proof by affidavits to obtain writ of «m eluat . .- ** 262 "What paust be shown by affidavit to obtain new trial on the ground
of surprise . . • 4 . • "267
Astoaffidavitas, of claims against the United States . . " 489
As to admissibility of czjMvltf affidavits aa . ** iii. 116
As to admission of depositions in a case affiscting the life of a party >' 143
J^ to inquisitions as, of lunacy . . . . " ii. 134 -
or THS FEOOF OF FOnSIOll LAWS, OF JUDGMENTS, OF OOBPO&ATIOH CBAK- TSBS, AVn AOCOUIIT BOOKS '
R^eas to, in pioof of foreign laws .... Tol. 1.368
As'to whom, of proof of a ^leign law is to be left . . " 368
As to the manner of proving foreigjilawf . " 368
Pi/rti^ction between ^^ten a|»d unwritte/i Jb^ws as to proying tht^ " 369
l¥hat eifect is given to a foreign seal as . . . *' 369
^jirw are statutes of sister states proved . ' . '* 369
Ro^ are judgments of a sister state authenticated . . " 369
Effi^t of a judgment of a court of concurrent jurisdiction • i* 370
As to copies of records jn courts of j^^tice as . . • " 370
BiO^ are copies of records pgrovefL . • *' 370
9oF may a decree in t^e eourt of chaqcery be psQv^ . • " 370
As ^ the mo<1^9f {^roving wills . . . . ^370
As.toproofofcori>oration charters . • • " 371
How £ir are corporation books considered • " 371
"Bow ihr are bank books received as . . . « ^ 371
How &r are account books considered to bfi . • " 372
Astoaccou]^^bP9);»#, pjfaal^of gpQ^ . . *• 269
V^n an account book is admissible a^, of partnership • ** ii. 431
Wli^booksof entries may be given in • . ^* iii. 136
IV^n records offptt^ courts a^ ^uffi^ent . ** ii. 14
OF Ft7BL10 WBITIMOS NOT JUDICIAL, AND BISTOET
Ru]^ as to the admission of the journals of the house as • . VoL i. 372
A5 to what validity is given to the public Gazette as , ^ 372
OfwhatUtthei^fil^^rofaship . , . . . *< 373
How are booJCB in public offices received as . • ** 373
Rujp as to the adniission of histories as . . . *,* 373
BVIDEHCB OF ri^AEACTEE, WHEN ADMITTED.
In what case is, of general character admitted . . . Y9L i. 374 Ru)^ as to the admissibility of general character in, in actions for
criminal conversation . ' . . • ^ 374
Rul^ as to, of character in actions for slander . . . " 374
As to, of charactei- in actions for rape . . " 375
AjbV>i of general character for drunkenness . . ** 375
I^ule as to admission of parol, to prove an pffiQial character . « 375
May the character ofa clergyman be proved by parol , « 370
90S
SVIDCNCE (CONTW . 5d).
Etxdsrob— As to, that the party killed was an officer of justice • YoL L 430
As to, tn an action for breach of promise to marry . . " 289 As to, of complete and total drunkenness ..." 333
Of general reputation or report when admissible VoL u. 3S8, 399
when genei^ai, that he was known as partner is admissible • VoL' iL 431
OF CUSTOMS AMD XTSAGB.
As to, of local customs and usages . ^ YoL i. 120, 167
At to, to prove usage or' custom . . ToL i 887, 288, 289
When, may be given to show usage of insurance company . YoL i. 473
OF USUBT.
When usury may be given in
PABOL BVIDBROB.
Rule as to the admission of parol, to explain written agreement
As to parol, to explain marriage agreements
Rule as to parol, in regard to mercantile instraments
As to, to establish the loss of a paper
As to the reason why receipts are open to parol investigation
As to parol, to show that the time for performance of written agree- ment was subsequently enlarged by parol
Cases in which parol, is admissible to explain a deed
As to parol, to prove the time of adding memorandum to note
Parol, as to submission to arbitration
Parol, as ^ contents of a legal process . • *
Parol, as-to fonner recovery ....
Parol, as to defect in sheriff's return .
Proof as to sueing out execution and delivery to sheriff by parol
As to parol, to prove surrender of bail
As to, to impeach the credit of a witness .
Rule as to admission of parol, to prove an official character
May the character of a clergyman be proved by parol
As to parol, of a written notice
As to parol, to-prove payment of note
As to parol, to explain and qualify a warranty
Rule as to the admission of parol, as to the construction of written contracts .....
As to parol, in cases of fraud
As to parol, to show a mistake in a will . . ,
When partnership may be proved by parol
As to parol, to show when a note is payable p
Parol, to show agreement
As to parol, to show who furnished the funds .
Parol, to explain latent ambiguity
A* to admissibility of parol, to modify written agreement by show< ing fhtud or mistake . .
When parol, is admissible to show that consideration had not been paid • ■ • •
YolL 249
YoL i 376 « 377 «* 112, 377 « 377 « 378
378 ** 378, 404
« 379
•' 379
« 379
« 379
« 379
« 380
« 389
« 380
« 375
« 376
« 138
« 144
•* ail
« 231
** 968
*' 383
''iL 430
« i 71
« 139
•* 136 « 179,309
"IL 393
EVIDENCE (continued).
209
SviBBMCB — As to parol, to prove contents of papers Vol. iii. Ill, 148
When parol, may be admitted to show that an act was official . Vol. L 31 When parol, is admissible to show that agent acts within the limit of
the power delegated to him ' . ."'54
As to parol, that gaaiantor signed his name in blank and author- ized another to write a sufficient guaranty . " 112 Parol, to prove waiver of demand and notice Vol. i. 126— iii. 298 Parol, to agreement relative to place where payment was to be de- manded . . Vol. i. 120 At to parol, to show date of acceptance . . . ** 145 When parol, ought to appear in the record . " 1^5 UsLj usage or custom be proved by parol Vol. i. 287, 288, 369 As to paiol, to show mistake in policy , *. Vol i. 289 When parol, may be introduced to prove a confession ** 344 Parol, to show interest of a witness . " 355 As to when consideration may be shown by parol ** 417 As to parol, showing the grounds of a judgment . ** ii. 20 When parol, cannot be admitted ^ Vol.ii. 78 313— iii. 147 Parol, to show that a deed absolute on its face was intended as a
mortgage ... . Vol. ii. 172
As to parol, relative to boundaries ** 555
Receipts may be explained or contradicted by parol . " iii. 234
As to parol to prove mistake in a deed ..." 346 As to parol, to prove a confession . . ** i. 344
EVIOBNCS OF BAND-WRITING.
What is the usual manner of proving hand-writing Vol. i. 381
What sufficient, to negative hand-writing . . " iii. 177
When positive proof of hand-writing is not to be ejq>ected *' i. 309
As to depositions in proof of hand-writing . /' iii. 143
EVIDENCE ON VARIOUS SUBJECTS.
When defect of inlormation is cured by, of the facts
What sufficient, of demand and refusal to pay note
What sufficient, to charge endorser
When, may be left to the jury, of mutual agreement .
As to admissibility of, that note was left as an escrow and fnudu-
ently put in circulation ' As to admission of secondary What is good, of non-acceptance or non-payment "When bills of exchange may be given in . When, of a letter containing notice is sufficient What is good, of consideration in ^n agreement As to documentary, of title to goods how held . As to, of a contract ... Against whom recitals in a deed are .
Aa to, of delivery of deed ....
To establish contents of lost deed As to demurrer to . . Vol. i
27
Vol.i. 12 " 90 " 92,132 " 106
« 111 "118,126 "122,123 " 124 125
' « 220 " 225 "268,269 " 299 "300,308 " 308
316— iii. 469
2t0
SVIDENCB (coHTINOBD).
KviDZNCE — What will sustain an action of dower
As to written, of title
What is conclusive, in an action for mesne profits ^ What, necessary to support a charge of forgeiy by subscribing ficti- tious name ....
May a bill or note be produced in, against a prisoner prosecuted for the foiigery of it .
Conclusive of breach of warranty
What sufficient, of presentment of check
As to, of dishonor of a foreign bill of exchange
What sufficient proof of non-residence of debtor
As to, of what passed on a former trial
What is the highest, of debt
As to a juror giving, to his fellow jurors
As to, of legitimacy
As to, justification of libel
What, may the defendant adduce in mitigation of libel
General rule in regard to, of malicious prosecution
As to, of want of probable cause
Rule as to, necessary to support a demand for breach of promke to marry
As to what, is admissible . ^ ,
Rule as to admission of extrinsic, to show that a deed absolute on its face was intended as a mortgage
Deposit of title deeds, of an agreement to make a mortgage
When bond must be produced as .
As to, neglect of pawnee ....
As to admissibility of parol, to modify written agreement by show- ing fraud or mistake ....
Admissibility of, of a different intent to esteblish a mistake
Rule as to, of a five years' residence
As to new trial where the, is sufficient to decide a case on the merite .....
As to attempts to stifle or suppress
Where, is improperly admitted
Rule as to new trial where proper, is rejected
As to new trial where, is competent, &c,
Rule for granting new trial where the verdict is against the
Rule for granting non-suit for feilure of
As to, of joint debt
As to necessary to constitute two or more partnera bankrupt
Of an act of bankruptey by resident partner only
As to, of acquiescence of inventor in the public use of his invention
As to a plea's setting forth the, of facts
When plea of pajrment may' be supported by
As to what may be given in, on the general issue
When strict, of insanity will be required for bill of dissolution
As to, of dissdution of partnership
To piova paitneiship bend
« 340
3M
** 396
"618,519
89
131
" iil 82
** u. 27
28
« 64
101 « 104
106
136
136
« 164 165
- 171,172 172 300
*" 230,231
" 291, 2452 « 255 « 261
365 265 « 27Q
« 270
271 271 281 ^ 374
435 * 436
« 456
4-72 474 '•*T7,484' 395 396 417
EXAMINATION.
211
S'llSNCK—Eiilaiseinent of contract by
Rule as to the, necessary to support an action brought by partners When a note by one may be given in, in an action against part- ners . f . Rttle as to necessary, to charge partners When persons indicted for perjury may give, for others General rule* as to, upon an indictment for rape As to prisoner may give in .
What sufficient, of taking to sustain the action of replevin By what, may boundaries be proved . As to what are the necessary, of ownership of vessel As to how &r the register is, of ownership As to what is made conclusive, of desertion As to explainrng latent ambiguity of ^ wiU by intrinsic . As to sufficient, of intention to revoke the will As to what is competent, to prove an attachment When certificate of notary is admissible as As to declarations of third persons as . As to secondary, when documents are not produced As to evidence of a judgment of a justice of the peace When books of account were received as As to establish illegitimacy .... As to a receipt in ftdl as . . .
As to, of burglary «...
As to, of fraud .... .Vol.
As to secondary, in proof of contents of lost document As to a bill of lading as, of ownership As to proper, to submit" to a jury in a suit upon the policy When a judgment in a former action is admissible as When an ancient receipt for the price of land is As to extrinsic, to ascertain the true import of agreement As to conviction for manslaughter on circumstantial As to cumulative ....
EXAMINATION.
Cx/MinATioH — Of witness on the voir <^ VoLi. 3d0»355
As to privy, and acknowledgment of deed . . Vol. i. 29S, 303, 30S — ii. 1^
As to, of bankrupt as witness in suit brought by assignee Vol. i. 349 Bfbde of proceeding in courts of common law preparatory to the, of
witnesses . . . * 364
By which party is witness first . . . . " 364
As to leading questions in . . '* 365
When papers may be shown to witness on his ' ** 365
What is the object of cross . . " 369
Ab to, of a single woman before a magistrate ** 367
As to, of a soldier tonclyng his settlement . *' 367
• Effect given to depositions ofwitnesses, on a coroner's inquest ** 367
Asto, of iseoids of courts of justice . . ** 370
As to, of wills by the judge before the parties ** 371
Vol ii 4it
496
♦* 427
420
480
518
« SX9
** 543
559
« 583
•* 580
« 637
" 720
*• 727
"* tii.128
133
507
« 14a
" 148.
« 157
" 104
233
307
iu. 364— 366
366,307
Vol iu. 407
« 418
416
** 489
435
431
"435.436
did EXCHANGE EXCEPT! ONP.
EsAMiit ATion — As to the right to the production and, of ship's papers Vol. i. 511 AS to charges where neutral vessels are airested and carried into
port for . . . . " 568
As to, of prixe property brought in by armed vessels . " ii. «59
To ascertain whether a legiacy is cmnulative or substantial ^ ^ 92
As to, of vessel by surveyor .' . " S9S
As to, of garnishee . . Vol ill. 91, 4^
As to right of insurers to make an^ of goods saved from fire Vol. ilL 413
As to conviction of manslaughter where there has been no coro- ner's, of the body . « 431
EXCHANGE. KzoBAMOB — Rule for valuation of goods where there is no rate of Rule for estimating the value of goods obtained by . As to loss of, on bills by master ....
As to commission loss in, Sec. ....
EXCEPTIONS. KxosrTioNs— To the application of the 2a: feet .
Is drunkenness a legal, to the validity of the will
To rule of admitting party to suit as witness
To rule as to interested witnesses ....
To rule as to competency of party injured to be a witness
To rule of admitting hearsay evidence
To rule as to the rejection of hearsay evidence
One, to the jurisprudence of some of the states .
As to special, in policy of insurance VoL L 519, i
As to rule established in all countries without exception .
As to the proper, to action of debt on a judgment
To time when a lien by judgment commences .
As to, to appellate jurisdiction of supreme court
When a writ oferror lies on a hill of ....
No, as to when legacies are payable
As to application of statute to merchanu* accounts
As to who, to statute of limitations embraces
Rule as to the running of the statute where there are two or more in*
terests and some are in the, and some are not As to, to rule of allegation in action for malicious prosecution As to mandamus to compel the signing of a bill of As to, to disabib'ty to marry by reason of former marriage What the most prominent, to the general rule as to foreign marriages As to qualification and, to the law of matrimonial domicil In &vor of a wife and diildreh claiming as volunteers Few, to general rule as to what is in equity considered a mortgage As to ground of; relative to foreclosure
To what debtor is allowed to pledge .... To rule as to ignorance or mistake of law . When new trial may be asked although no, was taken to the charge
of the judge * 971
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EZOBPTIO RSI JUDICATA — KXCHi^QUER CIIAMBEE — BXCLU8ITB.
213
SxcKPTioNS — As to relation between ship owners VoL iL 305^ 993
To general rule as to who should be made parties . VoL iL 340
To rule as to right of bankrupt partner to file a bill k >r an accouBt ; " 3il To rule as to liability of the firm for toits leominitted by one paitiMr *< 367 0£t from liability, where the contract is under seal Vol. ii. 36S— 379
What are the, to the general rule that one partner cannot bind the
firm by deed ....
As to, to rale of liabilities of an incoming partner for previous debts
of the firm ..... To rule as to effecting dissolution as tO'third persons An, to the general rule of the civil law. For what puipose the, was established Islands do not form an, to the rule as to alluvians Cases supposed to be, to the rule as to the sheriff's authority to
break open doors .... When captain cannot invoke the, of force majmre Gases which are, to the general rule and called for by pxineiplat of
equity .....
Two, to the rule as to when the captain is entitled to freight To the general principle of maritime law
As to an, to the doctrine of a resulting trust in favor of a purchaser To rule as to revocation of will in cases of mortgages To jurisdiction of the circuit court how taken How non-joinder may be, to When carrier cannot avail himself of any. made in his behalf in the
contract ..... When parties waived all, to the judge of the court To bail . . . Vol
When bill of, shows that instruction was asked and refused . To statute as to usury ...
EXCEPTIO REI JUDICATA. BxoiPTio asi Judicata — Wlien held that the, is final and conclotive
VoL iL 3681
» 36V cc 402
<" 403 « 556
" 581 «* 685
668 « 66S « 670 « 712 « 737 « iii. 10 16
« 139
•* 263
iii. 372—375
Vol. iii. 303
<* 403
VoL i. 515
- EXCHEQUER CHAMBER. Bqcbxquer Cp am bke— As to decisions of the, on writs of error Vol. i. 35^ 475, 531
As to conditions in an assignment how held by . YoU iii. 49
EXCLUSIVE.
ExcLusivx — As to judgment of court of, jurisdiction Vol. ii 27 Judges having special jurisdiction are such as have an, iurisdietion " 39
In what cases have the supreme court, jurisdiction . . * 30, 31
As to, original cognizance of civil cases in admiralty . ** 56
Aslo, jurisdiction of the federal courts "63
As to actual, and adverse possession . . '* 115
EX CONTRACTU.
b CoMTRAOTU^-'As to obligation of master of veasel • VoL iL 616
When the txemiar was bound for the acts ot the OMSter • * 617
/
214 EXCUSABLE — £X DELICTO-— EXECUTED— EXECUTIOR.
EXCUSABLE.
XzousABLB-^A« to, liomicide .... YolL4S€
In what does, differ from justifiable homicide " 437
EX DELICTO.
Es DxucTo— As to responsiMUty for obligations of master Vol ii. 616,617
EXECUTED.
Ezxcutzd^Ab to how property vests where deed is, to two or more and
one dissents ..... Yi^ L 399
As to deed, by /<mm« fob . ** 301
As to principals in forgery who, different part . . ** 397
As to, and executory tnists "454,455
EXECUTION.
EzxouTioH— What is . Vol. i. 381 What if a ca. ta. and Afi^ ^^^ ^^ ^^ same judgment at the same
time .... . <■ 381 What if the clerk refuse to issue "381 May two, issue at the saihe time on one judgment ** 383 Is a contract for the purchase of land liable to be sued by *^ 383 As to attachment against sheriff for not paying over money col- lected on . ** 383 As to agent receiving a debt due on a judgment on which an, had
issued . " 40, 41
As to sale of interest of mortgage on . "67
Is an equity of redemption subject to sale on an Vol. i. 66 — ^ii. 214 As to taking in, the body of one joint debtor Vol. i. 67, 151
When plaintiff may take a new . ** 116
As to issuing or countermanding an, by holder of note ** 118,135 As to power of chancery to reach property which is beyond the
reach ofan, at law . , . « 188
As to arresting or taking a married woman in . . ** 306
As to stipulation not to take out, on judgment . "Ill
As to a supersedeas to an order quashing an, against two defendants " 319
May a defendant against whom an, issued move to quash it . " 313
Can right of widow to dower be taken in . . « 333
As to enaction against sheriff for escape of prisoner in . ** 348
May the sueing out, be proved by parol . . « 380
As to an assignment by a debtor on the eve of an . <• 415
As to a judgment on which, had issued . . (* li. 15
As to amount of judgment recovered on . . "18
As to purchase with a view of defeating creditors • " 21
Where lien of judgment depends upon the right to sue out " 22, 23
Is the interest of a mortgage vendable under . . . " 25, 189
When a levy under, on property is a satisfaction 9f judgment . "^ 39
As to the faithful, of orders by agent . . " L 9iS
Who is a competentwitness to prove alteration jf note after its, " 104
As to parol agreement, made subsequent to the, o: a witness . "Sit
L.
Exso:7TiON (continued).
215
BxsoVTioif— As to paxol evidence of what passed at tlie, of an instrument Eflbctofnotlceofalienbefoie, of the conveyanee . As to, o* deed by ay%mm€ covert As to presumption that the alteration in a deed was made after the May the court supply words in a will to carry into, the intent of
the testator ....
As to, of an agency by an interpreter As to bounty for the, of an antecedent duty As to sheriff killing those who fly from, of process . As to sheriff killing those who resist him in the, of his office As to, of a person on a lawful jud^ent As to killing in supposed, of duty . > May oflicer break open doors In, of civil process Why should, be stayed for insanity As to the conveyance and, of trusts Asto, of contract for vessel . • .
As to, of foreign judgment As to discharge of debtor from arrest on When a justice will be held a trespasser for issuing a second As to the costs of the marshal on an HabeoM eorpui does not lie in favor of persons in When taking the body in, is a discharge of the judgment As to return of mon at invtntui upon . As to, of commission of lunacy . When courts of equity will decree, of articles . When property conveyed by deed of marriage settlement may be
taken in, for debt .... Rule as to decreeing specific, of marriage articles When an agreement will be carried into, by court of equity ' As to land mortgaged while there is an, against mortgager As to purchaser at sale on, under a judgment . As to a decree that defendant give an As to selling a mortgager's interest on Am pawned goods liable to be taken in Defective, of the intent of parties Jurisdiction of equity as to the, of agreements Rule in equity as to mistakes in the, of powers What, will entitle a court of equity to interfere As to defect in the, of the power Supplemental bill to carry original decree into As to injunction to restrain Sale ofinterest of partner under . Rule as to form of, upon a judfrnent against partner • Rule as to right of separate crfilitor to levy an, upon the goods of
the firm ..... Rule as to what interest passes, by sale of partnership property
under, against one partner VoLii.
As to payment of .... Horn utfachtm puts in isvjs the, of the deed only
Vol. L 206 270 298 309
" 317
" ' 345 406
** 428
« 429
« 434
« 438
« 440
« 443
*• 4.55
« 477
" ii. 10
« 28
40 " 44
111
•* 122 u 134
« 158
" 161
** 163
172
188
194
198
•' 205
<< 233,234
•* 246
" 251
« 254
M 254
" 255
•* 295
•« 341
« 393
« 432
" 433
433,434,430
Vol. u. 464 « 477
die
EXBCUT0R8.
BziovnoH — Orth^, imdconstrastionofpowen Vol ii. 4V5^ V'
Rule as to who may, a power Vol. ii. 4XL
Rule for the, of powers . * 494
Rule for constroibg the instrameiit for . * 496
What necessary to a valid, of a power - . . • 497
Rule as to excessive, of powers . . . . " 496
As to party who takes under the, of the power " 499
As to defective, of powers ....** 506
In fiEivor of whom will equity aid in a defective . * d08
In what case will defective, be made good with reference to the in- ' struraent ....
Effects of the, of powers upon the estates in the settlement
Rdle as to what will be deemed an illusory, of power
As to decreeing the, of executory trusts
Where goods of a tenant are taken in
Goods taken in, caniAt be replevined .
Replevin will not lie against a purchaser at a sale under
Scire facitu lies to obtain, of judgment
As to acinfadat to revive
Where defendant has aliened the lands before .
As to set-off when plaintiff is in, upon the judgment
When deputy may complete, after sheriff's term expires
As to due, of trusts ....
\s to, of a will of real estate
As to purchase of lands after, of will
Asto, of a writ of inquiry .
When equity will compel the, of trust
As to, of a release
When property that is assigned may be seized in
As to an assignment before .
As to the delivery of an, note or bill
Private papers and account books not liable to
As to surplus money laised by .
Money levied by a sheriff on, cannot be attached
Bank stock cannot be sold on .
As to the management of an, by attorney
When the power of the attorney ceases as to
As to authority of attorney to discharge from
As to time and manner of enforcing
As to set-off of mutual
Of executions
As to imprisonment upon an, for costs
As to an infent imprisoned in, in civil suit
A levy by virtue of an, is not always a satisfection of judgment
EXECUTORS. XCBOVTOBft^What U a testament defined to be
Whatisan .....
As to capacity of testator
d6S
•^ S06 « 588 ''S38,S46
5M 966
Vol. ii 961^-iiL 15 ■ 962 * 576
714
«718,719
728
*'iu. 35
" 45
47
t( 48
53
57
75
** 96
<( 94
95
161
« 165
166
" 166
« lit
"149,154
195
" 196
** 264
VoLLSSS • 384 ^ 384
EXECUTORS (continued).
217
JSxKOUTOBs^What if an, die before the will is proved
Rule as to liability of joint ... . _
As to right of^ to transfer by endorsement
If part only of the, qualify ....
Where testator directs the sale of land for which he holds a bond
for conveyance .
As to liability of, for negligence .... As to sales at auction by . . *
As to right of, to buy at his own sale TVheie the funds are distributed and it afterwards appear that others
are entitled .....
As to depositing money belonging tp the estate Not responsible for loss of property As to liability ot, for neglect When, omits to plead
Duty of, and trustees to keep trust funds separate When, gives his own note for debt of estate Is an, trustee to creditors and next of kin liability of, for selling without proper security As to money in hands of . Where an, answers that has fully administered As to imaginary values
Liability o^ for default of clerk .... As to contract for the purchase of land As to selling leasehold property without security What necessary to charge, with default When, suffers the property to be improperly used When one is both administrator and guardian As to, of a purchaser under a decree As to writ against, at the instance of legatee As to liability of joint, for each other's acts Accountability of, to distributees .^
As to wilful negligence of ... .
, As to a party who is, in trust
Where property is part delivered and part wasted by
As to interest on annual baUince of, account
Is, chargeable with interest in aU cases where he has received it
As to interest on trust moiiejrs allowed by, to lie idle
As to demand of, where accepter dies before time of payment
As to an action on a bill of exchange by an
When, may endorse a bill or note
As to an action against the, of an endorser
When an action may be maintained against, on an administration bond
As to suit for contribution against
Hay not a married woman be an executrix
As to recovery by son from, on the promise of his &ther
When a written contract by an, is a nudum pactum
As to creditor of testator giving up his security to
How must devastavit be established against
C;«tf*tment will lie against
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" 389 it 74
** 80
81
" 88, 116
" 150
"191,323
" aio
213 ** 215 « 220 « 316 « W7
2ib
EXECUT0B8 (CONTINUED).
CzivUiuM — Ab to a deed by an .... YoL i. 290
When an, defendant is a competent witness . ** 3«S0 How may a residuary legatee be rendered a competent witness in an
action by, to recover debt due testator . ** d55
When an inquisition of felo destis conclusive evidence against ** 307
As to an action to charge an, on a special promise ** 406
As to rights and powers of; being strictly lo'* ^ . *^ 425
May a child in ventre Ma mere be appointed " 461,462
When, may dispose of terms of lease ** ii. 62 '
When settlement made by, is binding . " 83
As to assent of, to bequest ^85
As to discretion of . ** 87
As to deficiency of assets occasioned by waste of . .. ** 91
When, incorrectly pay legacies . •* 91
How is a legacy given to an, for care and pains regarded . ** 92
Rule as to the assent of, to a legacy . . ** 05
How may assent of, be inferred "96
When, may pay legacies . ** 97
When, may be compelled to jwiy legacy "98
As to lien upon an estate conveyed by . " 113
Rule as to the effect of an acknowledgment of an . " 126
As to discretion of, as to pleading statute . '* 127
Where the testator gave, power to sell any part of his estate " 168
As to mortgage interest belonging to . , " 174 Where one of two partners appointed his, to carry on the trade Vol ii. 315—317 As to, of deceased partner . Vol. ii. 323, 325, 342, 410
As to money admitted by, to be in the hands of his partner Vol. ii. 376
As to what, cannot plead . " 476 Pleading by ......" 479
4s to power of; to sell land Vol. ii. 491, 492, 496, 498
When rent goes to, as part of personal estate Vol. ii. 533
Replication to plea by, of an outstanding judgment " 549
When adrefaciat against, is defective . . . ** 560 A debt due on a contract made with an, cannot be set off against
debt due from the testator . ** 565
When, may prosecute or defend to final judgment " iii. 24
Attachment will not lie against an absent . " 78, 89
A.legacy in the hands of an, is not subject to attachment ** 86
Will the admission of one, bind the other . " 154 When, may be required to give security ..." 155
As to, retaining for a debt due to himself . " 155
When, by negligence suffers his co-partner to waste the estate " 155
When, must take security of legatee . . . " 156
To excuse, from paying interest on annual balance . . " 903
To exempt, from interest on funds retained . . " 203
And administrators can create no debt against estate " 256
An, ihay be held to bail in case of devastavit . " 978 Debtor's collusion with, and administrators VoL iii. 342—345
When, may sue in his own name .... VoLiiL369
Liability of, for keeping money a loni; t me . * 309
UUBCUTORT — IXBMPLIFICATION — ^BXBMPTXOIC.
219
SZXCITTOE PS SON TOET.
What will constitute ac
May an, plead no asteti
Wlnt if administiation be granted to a wrong penon
Of foreign administration .... Vol
Bule of Roman law as to succession to estate
]>iati|iction between, under the common law and testamentary heir under the civil law
By what law is the power to sell immoveable property governed
lUiIe where a person dies leaving personal assets in a foreign coun- ty •
What is understood by ancillary administration
Rule where foreign, does not take out ancillary administration
£ffect of an assignment of a negotiable note by a foreign, in a for- eign country ....
How do, stand towards each other where their powers are granted in different states ....
Csn the, of a person who dies ib a foreign country maintain an ac' tion in this by virtue of foreign letters
EXECUTORY. ExxovTOKY — What is an, contract What is an, agreement
As to an, contract by /cmme covert to convey land As to consideration to support an, contract As to an, consideration .... Statute of frauds extends to, contracts As to action on, contracts .... As to written, agreements
Of; devise .....
What is an, devise ....
For what reason were, devises instituted How many kinds of; devises are there relative to real estate As to difference between, devise and remainder May money be the subject of an, devise ,
As to, trusts .....
As to mterest held under an, contract
Vol 1390
« 390
i. 390— »M Vol. i. 3«>
3»l
« d93
393
394
" M.787
Vol i. 199
200
« 202
221 « 243
EXEMPLIFICATION. SxxiiPi.ir I CATION — As to, of record of a deed
As to authenticating foreign laws by an, of a copy .
To prove a decree in chancery by an, under the seal of the court
As to, of a grant of land under the great seal of the state
As to records and, of official books
Of title to land .....
EXEMPTION. EzBiirTioN-^As to, of ship from damages .
As to, by a discharge under the insolvi»nt laws
VoL i. 320—322 Vol i. 330 "320,321 " 321 « 321 « 322 ** 4M 470
, Vol. i. 306 « 369 " 370 « 373 « iL IS 52
Vol. i. 336
220
EX OFFICIO EX PaXTE EXI'IRATION EXTINGUIiili
KxiupTioN— As to, of chattels firom attachment VoLiiLltt
Of, from liahiUty where the contract is several in law OT in lact Vol. ii. 372— -383
EX OFFICIO. Ex OFFICIO— Of what are courts of law bound to take notiee jodiciaUy
EX PARTE. Cx PARTE — As to, ordinances
When, affidavits are not admissible as evidence
EXPIRATION. Expiration — A lease may be determined by the, of the term
EXPORTATION.
Exportation— As to duties on, of goods
EX POST FACTO. Ex post facto— What is an, law defined to be
To what do, laws relate . . . ** €8
What is necessary to make an accessary ** i 448
EXTINGUISHMENT. ExTiNotriSHHSNT — In general one simple contract cannot be, by another Vol. i. 09 A8to,ofabiU . « 89
voi.iL m
VoUi.fiQ0,814 " iiL 116
VoLii. 78
7oLi. 88
Vol. ii 67,1
What amounts to an absolute, of debt
What will, a previous demand
When interest of witnesf cannot be, by a release
As to, of judgments
How are liens extinguished
As to, of mortgages
As to who must contribute to, mortgager's debt
As to, of pawnee's title
As to an, of the right of pledge
As to, of partnership debts
As to applying payments in, of defalcations
When a power is .
Of the, of powers
In what manner may powers be
What is an, of the right to demand rent
When setoff is
Part payment can only, the lien pro taito
As to, of contract by negotiable note .
Of extinguishment
As to, of a legacy . ^
How a debt may be, by a tiiird person
EXTORTION. Extortion — How will courts construe agreements to prsFcnt
FAC-SMILE. i o-SixiLB — Focgery of an instrument proved by the aid of a
Vol i. 99, 100-ii. 465, 576, OTI
. Vol. i. US9
355
Vol. ii- 27. 38
114
Vol.ii.l74,214-4u. 213
VoL ii. 199
233
"235,236
Vol. ii. 466, 467— iu. 227
VoL ii. 409
496
'Vol.ii.510, 511, 518
. VoL ii. 510
533
567
646
VoL iu. 116, 138
" 156—158
VoL iiL 188
VoL iii. 341, 3«8
VoL u. an
VoLuLl59»I60
FACTOR FAILURE.
2:21
FACTOR FACTOft~When, sells at his own risk
What is a, under a dd credere commission .
Can a, sell on credit in a case in which it is not the usage
As to, taking a note payable to himself
What if the, bfiuter goods of principal
May not pledge goods of piincipal
Exception to the rule that, may not pledge
May, deliver goods to a third person
Can a, delegate his employment to another .
Where goods are consigned to, for sale on commission
Distinction between the character of a, and broker
If a, sell goods for principal in whose name may action be brought
Duty of, in negotiating bills ....
Can, sell the property of his principal to pay endorsements
As to duty of, in absence of specific instructions
What if, sells bn credit and takes note payable to himself
As to guarantee of sale by . ...
What if the, fail .....
Where goods are sold by .
As to negotiable paper transferred by, without authority
Are joint, answerable for each other
ii a, liable in case of robbery ....
If, answerable for the safety of goods . ...
As to, dealing as merchant ....
What necessary to ereata a lien . / .
Has the, a lien upon the price of the goods sold
How, lien may be destroyed .
What is in effect a continuance of, lien
When, endovses bills for his principal .
Wh6n, deposits goods with auctioneer
As to right of, to sell on credit
Is a, responsible for sub-agent . * .
As to fraudulent transfer of note by .
If ten merchants employ one, and he draw a bill on all
ffcarrier sell goods as a, and not as carrier
Where a principal consigns goods to, upon credit . *
When, may prove his authority
How does a, Ipse his lien ....
As to an account between principal and
Where a, pledges goods for his advances
Where one partner is q>pointed
Uen of, cannot be superseded by an attaching creditor
And commission merchants Vol.
FAILURE. ffaiLrax — Liability of guarantors upon the, of the principal debtor
As to, of drawer of bill of exchange
As to a deed indemnifying sheriff for, to return execatioii
As to measure of damages on a total, of title
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^222 FALSB — FALSI CRIMEN FALSE PRETENCES.
FALSE.
Falsi — Attaint of, veidict incapacitates for giving evidence Vol. L 9C7
. Forma calculated to prevent the introduction of, or partial testimony *' 906
As to using, weights and measures '*407,4^
When goods are obtained by, representation '* 4X(B
As to gaining, credit by continuing in possession of grant '* 415
Where witness takes away the life of a man by a, oath " 433
Indictment for conspiracy in producing, certificate . *^ 444 A representation avoids the policy ..." 492
As to, representation of plaintiff . ** ii. 28
Effect of, description in a legacy . . * 79
When, representation must be proved . • . " 194
Effect of cause of contract proving . " 247
Declaration against sheriff for, return . . *' 432
Ab to the crime of taking a, oath . . . ** 489
Ab to punishment at common law for taking a, oath '* 485
A, oath in any court is indictable . . ** • 489
Prosecution must prove the, of the matter sworn to . ^^ 48S Hay be convicted for swearing he believes a thing which he knows
tobe . « 487
What necessary to make, swearing perjury " 489
As to how, swearing and, affirmation ought to be constraed . " 489
As to presumption that testimony is . . ** 519
As to judgment in an action for, return . " 560
Obtaining confidence by, promises . . . ** 582
As to proof in an action for, return . . ** 579
When, paper or a, destination will subject ship to condemnation ** 888
As to slander by charging with taking a, oath ** 899
Immaterial whether the superadded description in a will be true or ** 799
As to suing out attachment on, affidavits . " iii. 98
Indictment for obtaining goods by, pretences Tol. iii. 141, 313, 402
An indictment for obtaining money under, pretences . VoL iii 177
As to, and counterfeit coin . " 195
As to liability for, imprisonment . . " 278
As to getting possession of a dwelling-house by, affidavits ** 304
As to action on the case for, and malicious prosecution . . > ** 314
Representation when calculated to mislead " 333
Obtaining signature to a mortgage by, pretences * 333
Where the seller of goods makes a, representation ** 459
FALSI CRIMEN.
Falsi Csimbii — Incapacitates from giving evidence in courts of justice Vol. L 347
FALSE PRETENCES.
False Prbtbucss — An indictment lies for obtaining goods by ' Vol. iii. 141
Conspiracy to obtain property or money by . . " ' 313 What necessary to sustain a criminal prosecution for obtaining a
fignatnre to a mortgage by . * 383 Af to when a representation is within th* statate agaiittt obtaining
prop«ty,fce.,by . . «» 333
FALSE RBPRBSENTATION — FtALTY — FEDEBAL OOUBTa— FEE.
223
FAiauPuKTENCKS— A ease of indictment for . YoLiii. 177,178
What an indictment for obtaining goods by, must contain . Vol. iii. 409
FALSE REPRESENTATION.
f AL8K RBPsxsKif TATioR^What may, consist of . . To. L 298
As to, with a fiaudalent intent . . * 282
When render may claim goods that are obtained by . •» 408
When a, avoids the policy . . * 492
As to, to purchaser of mortgage . "^ u 124
As to, ofplaintiffthat execution was lost . . "28
When a, is not with the statute . ." iii. 333
Where the seller of goods makes a "489
FEALTY. fiALTT — ^Where tenant held by, at common law Vol. ii 832
FEDERAL COURTS.
Fbobkal Co I7KT8— As to act of congress in reference to the . . Vol.ii. 14
What effect may state law have in restraining a judgment of . ** 12, 18
Juxisdictionoftheiedeial courts . *< 29,30 General rule as to concurrent jurisdiction of the state and, in civil
matters . ' 31
Astoexcluaive jurisdiction of the ** 68
FEE.
Ww -Estates in, may be held in joint tenancy Y4>LL271
What kind of lease conveys the . . " 290
What a competent deed to convey the . " 290
As to deed to husband and wife in ... " 297
As to legislative grants to two or more persons in . . ** 207
When a devise of land carries a ToL i. 316, 317, 318, 319— ii 491, 498
Sow may a life estate be enlarged into a . . . ToL L 318
Will the word "* estate** carry a ....
ifay not a, be implied without the words of inheritance .
A, may be limited after a > . ^
As to, tail in trust ......
JLs to persons seized in, simple or tail . When tenant disclaims the tenure and claims the As to what a mortgage in, passes
Where mortgagee has conveyed the premises with warranty in, he can foreclose .....
When mortgager continues the owner of the
As to the equity of redemption in .
When a re-conveyance is deemed requisite to restore the
As to tenant in, who settles his estate on others and reserves a power
As to conveyance of an estate in, subject to an appointment
As to a vested remainder in . .
As to a grant to A for life and after the death of B to C in
Case of a gift limited to heiis in ....
« 318
« 319
« 322
"* 484
« h. 69
« 71
" 185
« 199
« 209
• 212
« 215
« 490 "499,811
^ 884
« 880
« 097
fi24 FELO BE 8E — PELONT.
-ConveyaDces that gain a, by disseiBin • . . VoL it 531
An to what extent the, passes ... " 953
It does not require the won! " heirs'' to convey a . * 730
Conveyance by tenant by the curtesy of the estate in . ** iii. 336
Where a widow is entitled to a moiety of the estate in . ''337
FELO DE SE.
Fblo dk sx — An inquisition of, taken before coroner VoL L 307
As to, who was under sentence of death . . . ** 435
FELONY. Fblojit— -What is . .... YoLL395
As to a promise for compounding • . "113
When carrier is guilty of, for removing goods . . . ** 176
As to an agreement to conceal or stifle ... * 354
Attempt to obtain a confession from a person chaigad wi& . '^ 344
As to evidence in prosecutions for . • . '^dSO, 363
As to, committed against one's self ... . ** 438
If one intends to do another a, and kills a third person . ** 434
As to officer attempting to arrest on a charge of • . '^ 435
As to breaking open a house to which a felon has eseaped ** 440
Ifaninnocent person be indicted for . . . ** 441
At what age may an infant be guilty of . ** 441
Where an act is made, or treason . ** 443
When a, is completed . . ** 443
Why are all principals in . " 448
As to knowing of the, committed . " 449
As to an acquittal of . ** 450
What happens on an indictment for ... ** 456
As to arresting of judgment upon an indictment for . ** ii. 35
Babmi corpus does not lie in fiivor of persons committed for . ** 44
As to granting new trial in cases of • . " -276
Ki^tofofficer in arresting for ** 561, 583
Adogisnot an object of . . ** 690
All present at the time of a, are enjoined to arrest Vol. iiL40, 41
As to charge of harboring'felon VoL iiL 114» 180
As to, in stealing a draft and order for money • Vol. iiL 165—168
As to, in assisting to break jail . . " 231
As to aiding and abetting in the commission of . . ^ 333
As to, in inciting to the commission of suicide . ** 340, 341
Assignment of funds by a prisoner on charge of *^ 266
As to stolen goods sold by auctioneer without notice of the ** 370
As to conviction and sentence for . . ** 280
Can the defendant be admitted to bail in . . . Vol. iii. 888, 284^ 385
As to, of buiglar entering so as to commit . VoL iiL 303
As to intent to commit . VoL iiL 303, 307, 308
As to entering house with an in^truroent to commit VoL iiL 304
A conspiracy to commit a .- . . "313^313
A trial for . VoL iu. 369-^1
A principal and accessory in, may appecjr, &c. . . VoLiii. 416
rBLONIOUS^-FBMUB COViiW — ^FfiMMK SOLfi-^FKOFFEE— *Fe6fFER. 225
FELONIOUS.
FsLonious — As to, homicide .... Vol. i. 49B
As to killing with, intent . . . ' " 428
When jailer is guilty of, killing « ** 429
As to escape of boys fronifassauiU . ** ii. 920
Law of the United States relative to, running away with ship ** 653
Indictment foi« attempt to discharge loaded arms, &c. . . " iii. 190
* As to, utterance of a forged instrument . • " 159 As to, intent , ^' . Vol. iii. 208, 246, 303, 304, 360
,FEMME COVERT.
FiMkk tloVERT — Is a, who trades as femme sole liable on her contracts Can, bind herself by an executory contract to convey lands When, competent to sue and be sued . As to proof of privy examination of deed by Does the deed of, convey her interest in land Where, are competent to convey real estate Can a^ devise lands As VO, who was an alien
dkHf barber right of dower by release to her hnsoand As to, holding the office of execptriz As to deed by . ,^ .
As to execution of power by . As to disposition of property by As to will of, made during marriage A legacy given to a, not subject to attachment Cannot be bail
FEMME SOLE.
ifkiiMs SoT.K — As to liability of femme covert who trades as . VoL i. 202
As to conveyance of land to, when an infant . . . « 203
When a wife may maintain an action as When a wife may contract as Where a wife has obtained credit as ...
When a wife may act as, trader As to deed executed by When marriage of a, partner operates a dissolution of the' partner-
• ship ....
As to maiTiage of, plaintiff The will of, is revoked by marriage
FEOFFEE.
FioFFKe— As to delivery of a deed to, by words A feoffinent to, during life
FEOFPER. 'toy^ER — Delivery of deed by, without any act
When the heir of, may enter into ihe moie y, &c.
'hi
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. 86 |
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226 FEOFTMBNT TRVLX \ATVRJSi FEUDS — PUmOK FICTITIOUS.
FEOFFMENT. FsoFFMBNT — When consideration was not required in
Wiien huslxind and wife by indenture join in a ^
As to, to feoffee during life
What estate may be destroyed by .
When a man makes a, and limits a particular estate
PEILE NATURuE. FsBJB Natubs— Replevin does «ot lie for things
FERRIES.
FxsBiEs— -Ejectment will not lie for . When a ferry on a river is a nuisance
FEUDS.
F«UD8 — What is the origin of the constitution of
When forfeiture was incurred upon feudal principles
A feudal tenant cannot oppose a sum due to him from the lord
against the rent service As to the legal fruits of the ancient doctrine of feudal tenure Curtesy not of feudal origin
FICTION. '
Ficf ION — As to when justice requires a resort to When, is not admitted
' FICTITIOUS.
FxcTiTxons — Effect of bill payable to a, person
What evidence is necessary to support a charge of forgery by sub- scribing a, name As to, or symbolical delivery ...
As to, tiansaction between partners Fraudulent shipment of seamen on a, voyage . Common bail in a formal entry of^ sureties Where one real and one, person are given as bail
FIDUCIARY. FiDVciABY — Estate after mortgage is paid never remains with mort- gager clothed withf duty . YoL ii. 208 4Ato bequests involving, interests "711 Peculiar, relation of guardian and ward VbL tii. 391» 392
FIERI FACIAS. FixEi Facias — What if a ca. to. and, issue on the same judgment and
at the same time .... Vol. i. 38
When goods sufficient to satisfy the judgment are seized on a ** 382
A writ of, against an administratrix . . . <* 883
Effect of, levied by plaintiff on personal property . '^ ii ^^
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.278 |
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FIRE INSURANCE — F£NAL— ^FJNES.
327
PiSEX Facia^-As to lien on personal estate on delivery of, to sheriff As to return of mUa bona to a, against goods of partners . As to writ of, against the goods, &c., of partner A plaintiff who levies a, not bound to leave goods Effect of suing out, after final judgment
FIRE INSURANCE. FiE]a Insurance — Whatns the rule as to losses by fire As to loss by fire remotely caused by negligence Action on a policy of| against loss or damage by As to clause in policy requiring certificate of magistrate As to contiguity of magistrate to the place of the fire When the certificate of the magistrate is defective Where there is a loss by fire and insurer refuses to pay . As to what insured is bound to state in reply to interrogatories Insurance of a building against fire is a contract of indemnity When insurers may elect to replace the articles lost or damaged When the insured refuse to permit the insurers tg make an examin- ation ......
As to a representation in the nature of a promise or stipulation on the part of the insured ....
FINAL
Final — Effect of, judgment in trespass or trover
When writ of error lies from the, judgment of the circuit court
As to, sentence in admiralty causes
How far is the criminal jurisdiction of the circuit court .
As to appeals from, judgments or decrees of the district courts of
the United States .... As to, determination of the court Process to compel the performance of the, decree As to, balance of accounts between partners Vol. ii.
As to judgment of court relative to patent M^en judgment is, quod recuperit and not a retpondeat (mtter As to death of defendant after, judgment in attachment . Effect of suing out ^ft.fa. after, judgment in attachment As to rehearing after, decree Effect of a direct, judgment or decree As to surrender of bail after, judgment
FINES. FiHBS — As to consideration at common law in, &c. . As to, and imprisonment for seizure of a vessel Where statute inflicts a penalty, as fines, &c. . Where husband and wife conveyed equity of redemption by deed
without a ..... As to the destruction of contingent remainders by . Replevin will not lie for property taken for collection of As to, and imorisonment for kidnapping . ' .
Vol U. Ill
** 438
435
" 540
« ui. 91
Vol. i. 526
" 527
" iii. 411
412
412
412
412
412
" 412
« 413
413 413
VoLii.
18 40 43 54
*' 56
« 123
" 264
331, 333, 334
Vol. ii. 461
« 475
" iu. 87
91
" 235
" 237
« 282
Vol. i. 304
" ii. 61
67
« 212 531 544
" iii. 425
228
riSCAL FISHERY FORCE FOREIGN ADMINISTRATION
Vol. ii. Ill 551
Vol. i. 337
Vol. iii. 371
VoLi.
FISCAL. Fiscal — A b to, lien of government .... As to safety and, accommodation
FISHERY. FiSHSBY — Ejectment will lie for a r
•FORBEARANCE. FoBBEABAMCK — As to a promis* to pay in consideration of
FORCE. FoECE — When, may be repelled by the death of the party
As to forcing a person to do an act which is likely to produce death
Municipal laws in one jurisdiction have no, > ' another
As to property vested by force of a judgmen : .
Rule as to marriage procured by ...
When a legal contract may continue in
As to carnal knowledge of a woman by .
Where tenant is turned out by . . .
FOREIGN ADMINISTRATION.
FoKBiGM Administration — Rule of the Roman law
Common law rule .....
As to immovable property ....
Rule as to personal assets in a, country
What is ancillary administration
As to an assignment of a negotiable note by a, executor
Rule as to taking out ancillary administration .
How do administrators stand tovirards each other where their
powers are granted in different states . " 394
Where property has no positive locality . "394
FOREIGN ATTACHMENT.
Fo&BiGN Attachment— As to action brought by , . Vol. li. 48
Appearance of defendant to a, in the circuit court "50
A, may be issued a^inst an alien . ** 50
As to, against partners ...... 434
As to, against non-resident partners . , « 435
As to when, is dissolved . . . * iii. 78
Who are liable to a, in Pennsylvania ^ * 89
What property is liable to . ^ . . ** 85, 94
For what demands and In what courts a, lies . . ** S6
Pleading practice and effect of judgment in • . ** 86
In South Carolina . . ** S8, 89
As to when lies in Virginia . . . "93
Who cannot be held as garnishee in . . •* 93
Who are not liable to ...... 94
A, will not supersede a prior assignment of land by a foreign intol
vent . « 98
As to judgment of foreign court ii ^ process ol . " 204
As to process of " 48^
427 443 474 . 19 145 286 518 535
Vol. i. 390 ** 391
391 « 392
392 «' 393 « 393
FOREIGN COMMERCE FOREIGN COURT — FOREIGN C0UNTRIB8. 229
FOREIGN COMMERCE. FoBsioif Commerce — As to laws for the restriction of . . Vol. i. 611
As to those who engage in, hy.what laws are bound ^ 482
FOREIGN CORPORATIONS. FoRsion Corporations — By the foreign law, cannot be servec^ process
by the courts of common law .... VoL iii. 326 As to attachment against . - . . . " 266
FOREIGN COURT. FoBEiGN Court — Effect of condemnation in a, of admiralty upon a neu- tral warranty .... Vol. i. 512— 510— ii. 365 As to sentence of a, in a case of collision . . . Vol. ii. 684
Where a debt has been recovered by attachment in a . " iii. 96
Ab to judgment of a, in a process of foreign attachment " 204
FOREIGN COUNTRIES. FoRBiON Countries — Where trade is interdicted with a, or port .
As to insurance on a 8muggIing.vo3rage prohibited by the, where the ship intends to trade ....
Underwriters presumed to know the usages ot, ports
As to political condition of, nations
When a pilot cannot be procured to enter, port
When goods are insured on a voyage to a, port
As to loss by fire at a, port .
As to goods sold by master in a, port to repair damages
As to loss while vessel is repairing at a, port
As to seizure in case of embargo at a, port
Insurance of a ship expected to arrive in a, port
As to power of master to sell ship or cargo in, port .
As to expenses incurred in a, port where ship put in, in distress
Rule as to liability of underwriters for claims of general average ad- justed in ... .
As to conviction of an infamous crime in u
As to penal laws of .
As to jurisdiction of prize courts over captures in, port
Rule as to statute of limitation of, and sister states .
'As to marriage between parties in a .
As to persons who may be legal partners in
When patentee must not take a patent in a
As to discharge of seamen in ....
Where seamen are imprisoned by the authorities of a
French law relative to master of a ship in a, port
Powers and duties of American consuls in, port
As to what will justify master in discharging seamen m, port . As to the discretionary power of conunercial agents in, port
As to seizure and condemnation of ship in a
Can the executor of a person who dies in a. maintain an action in this country
Vol. i. 474
481 493 494
''208,691 509
" 524 526 528
"529,530 534 549 556
580
" ii. 15
16
58
130 " 154 " 423 " 462 « 620 « 623 " ^ 696
633
636 " 639 " 645
« ' 727
^230
FOREIGN DOMiriL — FOREIGN JUDGMENTS ^FORECLOSUEB.
FOREIGN DOMICIL. FoBziaii DoMioiL — Aa to how &r, communicates to a citizen the disa- bility of an alien enemy . . Vol. i 401
FOREIGN JUDGMENTS.
FoEBiOM Judgments— Effect given to, in rem . Vol.ii.9,11
Effect given to, m^MTKmam "10 Distinction in English courts between suits brought to enforce, and
pleading, in bar . . "* 10
How is this rule received in the United States . . ** 10
Rule of the French law in regard to . . ** 11
What is the proper mode of enforcing . "11
"What the proper exception to such action . " 11
Distinction between judgments of sister state I and . '^ 16
FOREIGN LAWS. FowKiOM Laws — Effect of, upon the incidents of marriage celebrated
under them ..... Vol. ii. 153
As to prior assignment in bankruptcy under a " iii. 73
Relative to foreign corporations . " 326
FOREIGN MARRUGES..
FoBSiOM Mar&iaoks^— General rule as to
What the most prominent exceptions to rule
. Vol. ii. 148 Vol. u. 148, 149
FOREIGN STATES. Foreign States — Jurisdiction of the federal courts in action biouj^t by or against .....
As to national armed vessels belonging to a As to seizure of a ship in a, for breach of an act of congress
FORECLOSURE. Fovkclosure — English method of effecting a
Practice in the United States as to, of mortgages
As to the nature of a proceeding to
Rule as to parties to a bill of
In whose name must the bill of, be brought
Rule as to, of mortgage given to secure a sum payable in
ments Effect of a statute of As to sale on .
Junior incumbrancers should be parties to bill of As to who are bound by decree of When bill of, will lie in the circuit court As to lien for costs on a bill of As \j suit to, a mortgage not duly recorded A hi pendetu to, a mortgage not registered Until a decree ot, the mortgager continues owner of the fn As to land sold by master under a decree of Who may not be precluded by decree of
Vol. ii.
30
61
. Vol. ii. 197
198
198
Vol. ii. 198, 199, 200
. Vol. ii. 20C
instal-
* 201
202
VoL ii. 203—206
Vol.ii. 25
25
47
" 113
131
" 193
209
211
« 213
rORFElTURK.
231
Fouoi»osukb*-Ab to filing bill in equity lor, by pawnee p
Rule in equity as to time allowed defendant to redeem upon a
bill of . . ■ .
'When mortgager may prevent
When the right to Ale a bill for, will be barred ... Plea in abatement to bill of .
When a petition to, an equity of redemption abates As to a bill of, brought subsequent to an attachment As to a tender of a debt secured by mortgage before As to a deed ezecated by a master under a decree of The interest of a mortgagee before an entry to, cannot be taken by
the extent of an execution As to when a tender will remove hen of mortgage .
FORFEITURE.
FourxiTUBs — As to covenants secured by a penalty or As to violation of copyright guarded against by When corporations were dissolved by A quo warranto to ascertain and enforce As to, of charter by corporations through negligence As to crimes which occasioned at common law the, of lands As to adjudication for a supposed As to penalties and, incurred under the laws of the U. S. A bill against a ve^el claiming, thereof, &c.. Jurisdiction of the district court relative to ^ How must the words penalties and, be restrained When no, is incurred by tenant letting premises- A lease may be determined by 'What will amount to a of lease What should operate as a :f provision in a devise As to mortgage maintaining action before . If mortgagee obtain possession before . As to, of bond by delay of payment
Equity allows redemption on the principle of relieving from As to length of time afler^ when mortgager cannot redeem As to compromises to prevent family • As to commissioners to inquire into the, of tenants . What necessary to work a . As to, of recognizance ...
When a remainder may determine by When was incurred by tenant on feudal principles When vessel is subject to, for not being registered IS v^ant of a register a ground of What will subject a seaman to the, of his wages Desertion is accompanied with a, of all the wages dne As to government becoming proprietors of ship by Liability to, for having contraband goods on board , As to what subjects a bank to the, of charter
|
Vol |
U.233 |
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u |
236 |
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(t |
337 |
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238 |
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77 |
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219 |
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346 |
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434 |
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483 |
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Vol. |
I, 268 |
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i( |
• 272 |
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<( |
276 |
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(( |
281 |
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« |
282 |
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395 |
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511 |
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ii. 54 |
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56 |
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61 |
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« |
69 |
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u |
72 |
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(( |
73 |
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83 |
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.1 |
186 |
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it |
186 |
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11 |
201 |
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u |
209 |
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239 |
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u |
245 |
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« |
485 |
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517 |
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(C |
522 |
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524 |
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531 |
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587 |
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u |
636 |
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637 |
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•( |
645 |
iii. 294
232
rOROERT FORGTTEiri
-PORWICATION — FRANCHISE.
FoBrxiTVRf — When conyeyance by a tenant hy the coitesy creatM»a ^Yol. ui 396
Aa tongfaftofie^ntryonthegiDuiidof . " 399
FORGERY.
FoBoaaT— What ia ...... Vol. i. 395
Who ia to decidtt aa to the intent of party on a charge of ** 395 What intent is sufficient to constitute ** 396 What evidence is necessary to support a charge of . ^ 396 As to drawing in a fictitious name . ** 396 As to, hy putting name to an instrument as a different person ** 396 May a bill or note be produced in evidence against a prisoner prose- cuted for the, of it •. • . " 396 What must every indictment for, set forth '^396 As to, hy endorsing a note as another person of the same name '' 397 As to principals in, hy executing a part * 397, 447 As to, by altering a forged instrument . " 397 As to, by uttering a note as the note of another . " 397 ' As.to accepter who pays under a forged endorsement * 103 As to payment received in foiiged paper . . . '^ 127 Who may be admitted as evidence to prove . ** 354- Whati8 evidence of knowledgeof ** ' 362 In indictments for, where must the venue be laid . . " ASS Indictment for, of a hill of ex change "159,160 As to act, for punishing . ** ii. 62 When prisoner on charge of, is entitled to bail * " iii. 285 An indictment of having in possession a forged note " 371,372
FORGIVENESS.
FosexTENsss — A mortgage may be satisfied by, of the debt VoL ii. 936
FORNICATION.
Fo&RicATTOH — As to the validity of a marriage settlement on a wife and
her children bom in . ... Vol. ii 161
As to marriage on a wife with whom the husband had long lived
in a state of . ** 169
FRANCHISE.
Fmarchiss — A corporation is a, possessed by one or m6re individuals VoL i. 279
How a private corporation may lose ite . . ** 281
Grantofproperty and, coupled with an interest . "^ 289
As to rents, and choses in action being capable of being mortgaged ** ii. 206
As to a 9110 warranto against him who usurps a . . ** 614^ 515
An information for usurping, need not show title ** 516
Asto judgment in cases of ttsuipation of . ** 517
As to abuse of ** 517
As to forfeiture of . . . ** 517
As to authority for exercising . . . . « 517
When right of eminent domain may be exercised ij^ ctiea of ** ilL 3ao
FRAUD. ^ 233
FRAUD.
FmAUJ>— What IB ... VoLi.397,39P
Is, cognizable in a court of law .... Vol i. 398
ABtopromisebyhelr to pay his Hfather^s debts . . . "* 399
As to when relief shoald be sought in cases of equitable titles . *^ 399
Rule that, is not to be presumed . . , ^ 400
Is mere suspicion a ground sufficient to establish " 400
As to wilful misrepresentiftion . ** 401
When cases of, depend upon peculiar circumstances . . ^ 401, 402
Vender bound to disclose defects . . ** 403
As to conveyances to defraud creditors . **402,40^
Who are to find the fitcts in cases of . . " 402
As to a fraudulent conveyance in the hands of a 5ondyi(2e purchaser ** 403 As to leaving goods in possession of vender . . . ** 402
As to mortgager of personal property ..." 403
Is possession unexplained conclusive to show . . ** 403
As to what are evidences of . " 403
As to purchaser with notice of claim. . . ** 404
When purchaser is held as trustee for the benefit of persons he has
sought to defraud . f . . ** 404
As to bonds for future illicit intercourse ..." 405 As to statute of limitations in cases of . " 405
As to contracts whereby benefits are secured to parents by .their
children. ....." 406
As to fraudulent banking . " 407
As to discharge procured by . " 407
What, must affect to be indictable . " 407
Where money or goods are obtained by . . " 407
May a man aver against his own deed in cases of . " 408
May a private act obtained by, be avoided ..." 408 Statutes of ..... Vol. i. 408, 411
As to signatures in pencil mark .... Vol i. 400
What is a sufficient writmg . .... "409,410
On what does the question of^ depend ..." 410
As to the statute of Elizabeth . . " 410
Agreements to re-sell . : " 411
Are sales by sheriff within the statute of . . . " 411
Affecting marriage contracts . VoLi. 411— 414
As to marriage brokage contracts Vol. 1. 411, 412
As to secret contracts made with parents . Vol. i. 413
Contracts in restraint of marriage . " 413
Distinctions taken in the civil law ..." 413
Condition to marry without consent of parent or guardian " 413
Condition that a widow shall not marry "413
As to losses occasioned by, of third persons . *' 41
As to the English statute of Vol L 110, 111, 416, 417
As to, and imposition in respect tu carrier . VoL i. 164
Is not gross negligence a species of ... ^ 166
Jorisdicticin of chancery to investigate all matters of . . " 186
30
234 FRAUD (CONTINUBd).
Fraud — Relief id chancery for, in drawing a deied Vol. L 181
As to plea of the statute of . . "* 193
As to consideration from which, may be presumed . ** 199
Necessary presumption of . . . . *' 200
As to, in respect to the execution of the specialty in a contract " 123
What is piin^/acM presumption of . Vol. i 223 — iii. 47
Rule as to the substitution of parol for written eyidence would lead
to error and ..... Vol. L 231
As to, in employing puffers at a sale at auction Vol. i. 242 — iii. 258
How far are auction sales considered to be within the statute of Vol. i. 243
Contracts affected by the statute of . Vol. i. 243, 244, 253-236— iii. 373
As to, in misrepresenting or concealing material facts Vol. i. 259
When a jury are authorized to give damages for the punishment of " 253 As to, of the insolvent law . . ** 254
As to, which will render contract for the sale of goods void ^ 255
What is understood by constructive . , . ** 85C
May, be shown to vacate a contract ..." 262
Accompanied with damage a good cause of action " 263
Parol evidence admissible in cases of Vol. i. 268, 376, 377, 37&— ii. 172, 252— iii. 372 Of deeds affected by, and alterations . ' . Vol. i. 309, 310
When a parHctpifiraudU is a competent witness VoL L 347
As to assumption of a name for the purpose of . . *^ 396
As to compliance with the statute of . ** 420
"^^Hien is, indictable at common law . ** 459
As to, of false representation as to vessel . . . *' 492
In withholding information . . . ^ 493
When a judgment may be impeached for . ** 515
Insurer retains the premium in all cases of actual, on the part of
the insured . . ' . . . " 587
The question of, depends upon the motive , ** ii. 21
As to confiscation by way of penalty for . . " 56
As to statute of limitations where trust is constituted by ** 117
As to an equity founded on a ... . ** 119
Rule in cases of, or mistake . "124
Rule as to the effect of, in preventing the statute from running ** 127, 128
When there must be proof of intentional . . . '* 191
Responsibility of pawner for . . " 234
When equity will grant relief to suppress . ** 253
Rule in civil law as to . . ** 287
Rule as to liability of the firm for, of a co-partner Vol. ii. 364, 365, 366
' Rule as to the right of a firm to acquire property in goods obtained
by the, of one partner . Vol. ii. 367, 368
Who may avoid a precedent convejrance made by VoL ii. 504
As to usurpation of the command of a ship by . . ** 653
How £ir are contracts of surety affected by the statutes of . "696, 697
Rule as to the interference of a court of equity in relation to con- tracts in which, is alleged . . " iii. 69 Wliere debtor was convicted of, in making an assignment " 129 As to amendment where there is "961,269
rRAUDULKlfT — rREEROLS.
23.^
FiA VD— As to, at slieriflTs sale
As to admission or entnuice gained by As to evidence of . . .
Vol. iii. 271
Vol. iii. 303,304
Vol. iu. 364—366
FRAUDULENT.
FiAiiDVLENT — As to &Ise representations with a,intent
When alteration of deed is presumed to be .
As to the, making or alteration of a writing
Remedy of party injured by the, conduct of a banking corporation
When sale is iniquitous and ....
When a transaction may be treated as .
Barratry means, conduct on the .part of the master
As to purchase under, judgments
When property is, withdrawn from possession of officer .
As to suit in equity to set aside a, deed . ' .
What must occur to refider an ante-nuptial settlement, as to credit ors .....
On what must the inference of a, intent be founded .
As to renunciation of partnership with, intent .
As to, conveyance by a partner
Acts of partner .....
Where partner obtains securities .
When an appropriation by one partner is
As to bill of exchange, made or accepted by one partner
As to, representation on the part of vendee
When plaintiff cannot reply, concealment to plea of statute of limit- ations . ...
As to, conduct of joint creditor
As to part owner, sending ship to foreign parts .
At to shipment of seamen on a fictitious voyage
Property, transferred may be attached by vender's creditors
At to goods in the hands of, grantee
When a deed was set aside as . . .
At to presumptive evidence ofj intent
As to, mortgage
Where sheriff and purchaser act, in the sale of property
Where gold cein deposited in bank is, taken away by cashier
Aji to, attacks on private rights .
When purchaser will be deemed particqn crimmU and his purchase be set aside as ... .
As to conversion of letter ....
As to, conveyance .... Vol
At to evidence that conveyance is . . .
When a jury would be authorized to presume that the stateme -/.of the loss was ....
FREEHOLD FiKXHOLn — Title ot, acquired by an alien by purchase when di veste^ As to devises applicable to, interest As to a, limited to commence in futwv
Vol. i. 252, 263
VoL L 310
395
407^
410
415
« 540
" ii. 18
" 28'
113
"160,163 " 193
** 354 «* 387 « 378 401 422 " 466
481 « 568 " 592
646 " iu. 75 « 93 " 127 "176,219 " 220 " 271 « 296 " 319
« 343
" 360
iii. 372—374
Vol. iii. 373
413
Vol.i. 15
321
*• 323
236
FREIGHT
FsBXEUOLD — When the husband bocomes seized of the,/ure uxom
When mortgager rerpniLS seized of the
When equity will supply livery of seisin in the passing of a
As to a nuisance to a . . ' .
As to use and enjoyment of, property as partnership stock
Descent of, to the heir ....
As lo interest of partner in, estate
As to remainder of, estate ....
As to an estate of, limited to future interest
When, may come in question in replevin
A statute vesting a certain, estate in it . FREIGHT. FBXi«BT~What is .....
As to Hen of carrier on the entire cargo for his
When consignee is bound to advance the, due on the cargo
When the, is pledged in a bottomry bond
As to the, of goods . * .
May carrier refuse to receive goods until the, is paid^
When the captain is authorized to fom-ard goods by another ves* V sel and earn . . ^ .
Where a, is to be paid after the return of vessel
As to, of live animals ....
General rule as to the insurance of .
What is usually undertaken in a policy on .
May in expectancy be a subject of insurance
Rule as to charterer's right to insure
May, be insured for part of voyage only
As to title to wages depending on the earning of
Rule for estimating sums to be insured for
Insurance as to net or gross
As to, in estimating for the valuation in policies
As to insurance on ship, goods, and
When by the French law insurers are bound to reimburse the as- sured the increase of ...
Rule as to, upon the abandonment of ship ^
Rule as to the abandonment of . . .
When must contribute to the charges of salvage
Rule as to the contribution of . . .
Rule for the contribution of, under a special stipulation
When, the owners may abandon the ship and . - In case of, pro rata itineris peracti being earned, &c. .
When ship and, are warranted free from average
As to remedy on policy for the right to
As to rights of part owners relative to
As to duty of ship's husband relative to
When the master may bjrpothecate the, by a bottomry bond
When master may pledge the ship and
When the master may sue in his own name for
Ai to ship owner's lien for
|
Vol |
L45 |
|
tt |
ii.aOft |
|
u |
2*1; |
|
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278 |
|
(( |
319 |
|
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330 |
|
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|
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929 |
|
u |
530 |
|
u |
544 |
|
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Vol. |
ii. 607 |
|
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i. 47 |
|
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103 |
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178 |
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|
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550 |
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551 |
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|
CI |
574 |
|
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575 |
|
u |
570 |
|
t( |
581 |
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582 |
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583 |
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VoLu.991,592 |
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607 |
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012 |
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K |
014 |
FUGITIVE — rUNDS — FUTURO GAMING.
237
Fbsiqbt— As to extra, in case of transhipping cargo
Has the master a lien on the, for his wages
How contract on, or profit considered
As to hiring on a share of the
When vessel and cargo are lost before, is earned
As to the marinei's lien of the, earned
Right of mariners when the merchant neglects to pay
When the freighter binds himself to pay the
As to, as understood in maritime law
What is necessary to entitle a captain to his . . - Vol.
What is understood by dead
Rule as to the pajrment of, where ship is obliged to stop and repair*
Rule as to, on merchandize sold by the captain for the necessities of the ship .....
' Rule for the pajrment of, when there arises an interdiction with the port of destination ....
Rule for the pa3rment of, in a case where the ship is arrested
Rule of, in cases of shipwreck or jettison
Rule o( where shipwrecked or captured goods have been saved or zestored ....
Rights of the captain as to, if the consignee zeluse to receive the goods .....
As to lien of ship owner on goods for .
Rule as to right of shipper to abandon the goods in pajrment of
As to shipper's lien on the vessel
As to preference of^ in case of capture
When the master forfeits the right to .
No^ fro rata is earned where the ship is captured and afterwards re- captured ....
FUGITIVE. FuoiTrvB — As to all the transitory rights of .
FUNDS FvRDS—As to duty of executors and trustees relative to trust
Liability ofexecutor for interest on .... When executor cannot withdraw, without paying debts
FUTURO. FvTVRo— As to deed of bargain and sale to take effect in , As to a freehold limit to commence in . As to a present right to take effect in ...
Rule that legacies charged upon real estate and payable in, are not
vested . .
A freehold cannot according to the common law commence in
GAMING. Gamiro— As to f»aiol evidence to show that an instrument was for a, debt ......
In Scotland no wager or, contract will support an action
As to collecting money lost, at games forbidden by law . VoL
Vol. u. 623
'* 828
632
637
641
647
648
653
*• 667
ii. 668— 670
Vol. ii. 670
« 671
« 672
« 673 " 673 * 674
«« 674
« 675
" 676
« 677
«» 678
*< 686
•* 687
** 688
|
VoLu. 16 |
|
Vol. I. 386 / |
|
« 380 |
|
- 392 |
|
Vol. i. 296 |
|
« 322 |
|
« 355 |
|
" Ii. 88 |
|
" 530 |
|
VoL i. 377 |
|
" 481 |
|
iii. 374» 375 |
238 GARNISHEE — GARNISHMENT GAVEL KIND OENJBRAL AVfiRAOk.
GARNISHEE.
. Oabhishss— When goods may be attached in the hands of Vol. u. 15 Effect of a judgment on ike rights of a whose debt to tne judgment
debtor is not due . . ** S3 As to suit in chancery by which the goods of a non-resident in the
hands of, are attached . . . . « 483
Death of principal debtor will not vitiate proceedings against . " iii. 78
As to lien upon note or money in the hands of . "80
When attachment binds goods in the hands of . . ^^ 80, 87
Rights and liabilities .....*" 86
As to judgment by de&ult against . . . . " 88
When the court will not set aside judgment against . . ** 88 As to what defence, is entitled to make . . Vol. iii. 89, 91, 429 When, may be <;ompelled to answer . . . Vol. iii. 90, 91
As to what administrator is not liable to answer as . . ** 91
When sheriff has returned that, is not to be found . • ^ 91
What, may and what may not be asked . . . " 91
Upon what points may, be examined . . ''91
For what purpose creditors oi^ have no legal right to interpose " 91
When may have a writ of error upon a judgment . . ** 92
Executor cannot be held as, in foreign attachment . . ** 93
When, will be allowed escpenses . . . ** 94
As to appearance and answer by, on idnfaeiat . *' 94
When, answer is conclusive . ^ . ** 95
As to protection to debtor as . . . ** 96
A corporation cannot be attached as . . ''97
Astoanswerofone where the, are partners . . . " 227
When the debt due by the, is not due . . . *< 227
When, may insist upon the statute of limitation . ^ 429
Ai to acknowledgment of . ^ 429
GARNISHMENT.
Oabjixsbmxzit — When garnishee must answer to his VoL iii. 91
Bank stock cannot be subject to . . . . *' 95
GAVEL KIND.
04%TBL El !«]>— Where lands descend as in, to all the males in equal degree Vol. L 270
GENERAL AGENT
GsHSSAL Agxnt — Distinction between the power of a, and one ap
pointed for a special purpose . . VoL i. Si
Is the principal liable for the acts of a . . " 35
General rule as to acts of . . *f 37 As to the powers and duties of the master as, and representative of
the owner of the ship . . '^ ii 612
GENERAL AVERAGE.
OsHiXAL AvB&AOE — What is understood in a policy of insurance by VoL i. 565
From what cause may claim for, arise . ''555
What are the several causes that will support a claim for *^ 555
CBNEKAL DBMVRREK—OENBRAL ISSUE— GENBIUL LIEU.
239
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Vol. |
i.558. |
|
<( |
558 |
|
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|
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|
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560 |
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|
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|
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|
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|
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568 |
|
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|
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|
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|
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|
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|
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473 |
|
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521 |
|
L 573— 580 |
|
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Vol. |
i. 573 |
|
w |
573 |
|
a |
673 |
|
a |
574 |
GtasRAt. Ateraos—As to, for goods washed <yYeiix)ard Rule as to, where damage is done to the ship . Rule where mast has been carried away Bale where boats are cut away Rule as to contribution for expenses Rule for contribution in case of voluntary stranding Rule for loss by collision
Rule for expenses during detention by embargo *
Rule on the subject of wages, &c., in case of detention by hostile
capture .... Where ship is arrested and part of the cargo confiscated As to expenses of wounded seamen Ajb to damages in order to extinguish fire * . Role as to money which the captain is obliged to raise Rule as to expenses of sailing with convoy Rule in cases of ransom or a compromise to prevent the plundering
ofship . ....
As to articles not liable to contribute to As to sums paid as, for loss by collision
Of the adjustment of general average . Vol
Bxde as to what must contribute to a .
Rule for valuation of goods in adjusting Role for estimating value of ship for the purpose of Rule as to contribution of freight [Examples illustrating the rules of contribution on ship, cargo, and
fteight . . . . «• 670
Rule as to liability of underwriters for claims of, adjusted in a foreign
country .... When the wages of seamen are subject to the •
As to what constitutes a .
GENEllAL DEMURRER. OsHsxAL Demurser— Whatit.
As to plea of nil debet to an action of debt on
GENERAL ISSUE. OntBRAi^ IssuR— As to giving usury in evidence under the As to proof of in&ncy under the . ...
As to what a corporation are bound on the, to prove Rule as to the admission of testimony under the, of non-assumpsit As to giving a judgment in evidence under the As to evidence under the, in mitigation of damages When statute of limitations may be given in evidence under the When may the, be pleaded in assumpsit What may be given in evidence under the As to wlMit may be joined in the
GENERAL LIEN.
GxRERAX* LiKir^What it a VoLL40— ii. 112
As to, for balance of accounts .... VoLi. 46
•^
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«TO,«0 |
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•< U.640 |
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« ill. 199 |
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VoLi 314 |
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*• iL478 |
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Vol. L 240 |
|
« 264 |
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«*. 279 |
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« 361 |
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« 370 |
|
« iil06 |
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" 128 |
|
« 483 |
|
" 484 |
|
« ill. 20 |
240 ^IFT — Gw DWILL GOVERNOR — GOVERNMENT.
GjBif EH A L LiKN— Are not, looked at with jealousy - ^ VoLi. 48
What sufficient to establish a . . . ** 4&
May this, be created by express agreement "49
Has a factor a, for the balance of his general accounts . " 50
As to. of attorneys and solicitors upon the papers of their clients "• 50
What is a lien in its general legal sense ' "^ ii. 107
When the United States have no, on merchandize ** lOS^
What right is conferrfd by, by judgment ^ " 111
GIFT.
ChfT— What is a ..... . Vol. i. 414
As to, of personal property . . . , Vol! i. 414— iii. 356
May a, of personal property be made by parol ^ . VoLL4l4
As to, by voluntary conveyance when effectual . . « 304 Ab to a, to an attorney • VoLi. 406 — iii. 125
As to all, and grants of an infant . - . , . Vol. i. 462
As to an unlimited, of dividends . . *^ ii. 76
Creditors ought to be paid before those who claim by . . " 29.
When a, is deemed a satisfaction of the debt . . ** 466
As to an estimate of freehold by, or conveyance . . ** &27
At to, between husband and wife . '* ui. 132
As to, by guardian to a ward intended as satisfaction of his demand "• 145
What constitutes a sufficient delivery to perfect a . . " 176
Where property is delivered expressly as a . ^ 238 As to a valid, how may be made . Vol. iii. 375 — 377
GOODWILL.
€to6]»wiLL — As to, founded on a combination of accidental circumstances Vol. ii. 325
How is the, in professional partnerships considered ** 328
As to the limited nature of the, of partnerships "410
GOVERNOR.
Q0TBU10&— Delivery of writ to the, as service of process on a state . Vol ii. 31
As to recognizance of obligors where the, is obligee . ^ iii, 455
GOVERNMENT.
GovsBNHsiTT — As to contract of agent in behalf of . . Yol i. 43 The, of the U. States when it becomes the holder of a bill is bound
to diligence ...... dSylSS'
As to trading with an enemy without permission of . . *« 233 As to contracts for the benefit of ..." 255
When a contract becomes illegal by an ordinance of ' . " 260
Ab to corporations established by . . . ** 274
As to municipal corporations established for the general puiposes of ** 277
Ab to contract between the, and the corporators . . «< 282
Ab 10 a declaration of war by a foreign . . . ** 372
Ab to convoy appointed by .... "502,503
Condemnation of a vessel by, for the breach of an embargo . ** 504
Ab to acts of, for, purposes . . . . « 529
GRAND JURY — GRACE— GRANT.
241
GovBBNXBNT — ^Effect of an embargo by the, upon insniaace
State laws cannot control the exercise of the powers of the national Restriction upon the federal As to libel against the, of the United States Ri^t of priority of - As to the rights of nations to prescribe rules for the, &c. Claim and remonstrance by the American Allowance of claim by the Portuguese When a child leaves to avoid the restraint of family Dissolution of partnership by reason of war between Dissolution where the parties are of different As to set-off in matters which relate to As to statutes enacted by the English As to the sole authority in th^, of the ship Salvage for recapture of vesse from a foreign . When mariner's claim will be preferred to that of forfeiture on the
part of ....
Where ship was prohibited by, from landing cargo Ab to an assignment to the . As to the powers ot^ in this country As to the influence of the legislative department of An incident to the sovereignty of every Taxation essential to the existence of
GRAND JURY.
O&aud Jitbt — When every indictment of the, shall be deemed Buffi< ciently technical and correct . '•
GRACE. OiAcs — What notes are not entitled to . Vol.
As to what is called the third day of As to what the three days of, apply Usages of banks relative to notice and days of As to what days are included in the three days of As to days of, on bill at so many days after sight May a bill be negotiated during the days of Where the second day of, fisdls on Saturday As to allowance of days of .
GRANT.
G&AiiT— What is . » . .
Distinction between a gift of personal property and a What converts a gift into a . May a gift or, of personal property be made by parol Must there be an immediate change of possession As to preferring creditors to others Is a, void if it be totally uncertain How shall every, be construed As to the addition of an alleg&tioi: 31
Vol. i. 530
" u. 12
« 21
« 107 "109,111
** 155
« 248
« 249
« 291
« 389
« 396
" 572
« 585
« 625
« 640
« 046
« 687
"iii. 60
"316,317
« 317
« 318 u 477
Vol. iii. 246
171,161,138 VoLi. 89 •* go " 96 * 101 « 103 " 115 " 125 « 129
Vol i. 414 « 414
414 414 ^5 415 415 415 415
/
242
GRANTEE — ^lUlTTEB.
Oaant — Is there any distinction whether purchase be by, or devise
If an equitable title be merged in a
As to, to corporation ....
As to, of property and franchise coupled with interest
As to legislative, to two or more persons in fee
As to proof of| from the proprietors
When grantee is competent to show that, was without consideration
Presumption of, or charter from the crown
Of administration in the country of domicil
As to deceit in, and convejrances of lands
As to gift and, of infuits ....
Jurisdiction of federal courts as to claims of land under, of different states
Rule for removal from state courts by parties claiming titles to lands under, from different states
As to, of patent right
Donee of the power cannot defeat his own
As to vested remainder lying in
As to, of land bounded on rivers .
As to, or assignment of chattels without delivery
As to legislative, to dam a river .
A monopoly cannot be implied from the mere, of a charter to a com- pany ......
GRANTEE. Gbantek — As to validity of deed when, is not called by his true name When assent of, is to be presumed As to conveyance to, by a certain designation JMust granter seek, to make delivery . A3 to consideration money express to have been paic by I>escription most beneficial to When, must depend on other proof than hand- writing As to material alteration made while in, possession As to deed executed without the knowledge of May a wife release her right of dower to her husband's When land will be held by, in trust A mortgage cannot pass by assignment of granter to As to goods in the hands of fraudulent As to presumption that, accepted the deed As to deed delivered to third person in trust foi As to payment by, note which has been lost When, will not be liable for damage in continuing dam
GRANTER. GsAMTSB — Is one seal sufficient for several
As to recital in a deed made by the, when an in&nt Must the, seek the grantee to make the delivery As to conditional delivery Is a deed good against, without recording
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" 53 « 443,444 « 510 « 531 "552,623 " iii. ^ " 215
** 217
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6S0SS— OU AR ANTE£— K2U ARANl OR.
243
Gramtss— Is the in a deed a good witness to invalidate it . Vol. i. 308
iU to declaration of the Vol i. 309— iii. 147 The, has no concern With the subsequent rise and &11 of the land Vol. i. 311
As to, as a witness to show that a deed was fiaudulent . ** 347
Where a grant is uncertain as to lands and tenements of • ** 415
As to title deeds left in, possession . . " ii. 113
Effect of voluntary settlements against the . . " 162
As to marriage settlements covering most of, property . . " 163
When deeds are void against all but the . ^ 103
As to what will bar the equity of redemption against the . " 197
As to the intention of the, of a power . . " 496
Appointee of a power under the . . *' 499
When vestied or contingent remainder must pass out of, hands " 530 As to a deed delivered to a third person in trust to be delivered to
grantee at the decease of . . " iii. 231
The, of a deed poll boifnd by recitals . "235
All deeds taken most strongly against the . . ^ 345
Where a dam was erected and land flowed by the . ** 494
GROSS.. Gfiosa^As to grant of advowsons in
As to, negligence of one practising medicine TAs to powers collateral or in As to the •extinguishment of powers collateral or in .
. Vol i. 414
" 436
Yol. ii. 490, 493, 510
Vol. ii. 511
GUARANTEE.
GvARANTBE — What is a
If the &ctor should, the sale
By endorsement the endorser, the payment
What held to be a, for that time only
Endorser cannot resort, indemnity
What a sufficient consideration of a « .
As to a, given to the whole firm
Rule for the constrbction of, given to a firm
What necessary to render the contract of, obligatory
What is the nature of a contract of .
As to rules that will equally apply to a
What is the rule for continuing .
Ai to performance of the contract for which the, was given
As to bank note paid without endorsement oi
GUARANTOR.
G^amANTOR— 'As to liability of .... As to demand or notice to . . ,
What will authorize a suit against An agreement to become a, for another's engagement As to proof of parol that, wrote his name, &c. . When legal remedies must be resorted to before haviog reeoune to the ; .... .
Vol. i. 416 33 « 87 110 « 1S9 ''213,221 " ii.418 "418,419 « 692
" 700 « 702 « iii. 130
. Vol. L 97
VoL i. 98, 417— iu. 377
VoL i. 106-T4L 701
VoL i. 111,416
Vol. i. 112
238
244 GUARANTY — GUARDIAN.
GUARANTY.
Guaranty — Whatisajinits enlaigedsense . Vol. L 416 When must be in writing Vol. l 20, 416, 41 9
Whatdoesthe word ''agreement in the statute include . . Vol i. 416
Can the contmct of, be varied . ** 417
Where the, is direct and absolute is any demand or notice necessary ** 9S, 418
What does the act of, presuppose . '* 418
Is a surety bound beyond the extent of Ihs engagement . ** 418
As to neglect ofpiincipal to prosecute . . ** 418
As to, of a note . ** 420
When a, is an original undertaking • . . . ^ 420 As to a promise to endorse ....'' 421
Duty of one who gives credit orf the responsibility of a third person " 421
As to the construction of a letter of credit or . . . '^ 421
When principal might waive the, and claim note . " 33
Is endorsement of a note in the nature of a . . ** 84
A, in general terms how enforced . . . ** 106 Where guarantor signed his name and authorized another to write a,
over it . . . . . " ll5
As to one who endorses the bills of another upon the, of a third *^ 189 Of guaranties given in the name of the firm Vol. ii. 361 — 364
Rule as to liability of firm upon a, by one partner . Vol ii. 361
As to continuing ...... *' 700, 701
^ As to notice of acceptance of .... "iiil77
Who may rely on a letter of credit as . . '* 211 As to how a written, is to be construed ..." 377
As to the obligation and efiect of a, . . Vol. iii. 377— ^380
Construction of a letter of . . . "* 386—^388 How must a letter of, written in the U. States and addressed to a
house in England . . . Vol. iii. 430
GUARDIAN.
GuABDiiLK-- Who is a . • . . Vol. L 421 As to a trading contract with an infant ..." 422
Is an infant liable at law for money lent " 422
Is an action on the case maintainable against an infant . " 422
As to an infiint representing himself to be of age « " 422
As to a promise after obtainmg full age . . . *< 423
How many kinds of^ are there . *< 428
Who are, by nature " 423
Wbencourtof chancery may interpose « 423
As to the general jurisdiction of chancery over " 424
As to common law rights of, in iocage , . * 425
What if a person sign a note as a ** 105
'Can infants appear and answer otherwise than by . ** 191
As to deed of non compot mmtis under <* 297
As to testamentary ... . *^ 337
As to one who is both administmtor and . . ** 388
As to tranaactiotu between, and waid . ** 406
HABEAS COBPCfl — ^HABBBK FACIAft TOSSBMIOISSII — ^BANOWBITIHO* 245
GvABsiAir— As to seciet contracts made with paieots or . . YoL i. 413
At wbat age may an in&nt choose a . . '* 461
In&nt most defend by . . . ^* 463
As to, interest in minor's estate . . . '^ ii 42
As to claiming adversely as . . « ^* 42
As to revocation of letters of . . . ** 123
As to consent of parents or, to marriage . • . ** 144
How does money received by, on account of ward • . ** 169
Duty of parents to their children as natural . YoL ii. 287—289
When the mother is entitled to the gujtidi&nship . . ** 290,293
Admiralty courts are the, of the mariner . . YoL il 636 As to the relation of, and ward .... YoL iii. 127, 388
Where the, invests the property of his ward in real estate . YoL iii. 176
Where a, permits his ward to be brought up in idieiess ** • 177
As to maintenance and education of ward . . . " 388 Appointment of, by court of chancery Removal of, by court of chancery What constitutes an infant a ward in chancery The peculiar fiduciary zelation of, and ward
HABEAS CORPUS. HiBBAS Corpus — Writ ofj when and b^ whom may be issued Jtd testificandum when may issue and effect of . When a husband may secure his wife on . Supreme court may exercise jurisdiction by Jurisdiction by ... .
Who have power to grant .... Writ of, ad tubjidtndvm M pTGseqimidum, tettificamdum d ddtberandum On, for a prisoner a cerHorari may issue Rule as to power of state courts to grant When cause cannot be removed by, cum causa When prisoner may be surrendered by, in discharge of bail Who may not issue, and when When a party is entitled to . - . .
Power of chancellor to issue, to inqmre into causes of detentum Right of guardianship cannot be tried upon
HABERE FACIAS POSSESSIONEM. Habsbb Facias Posscssionxm— Writ of
HANDWRITING. Hanowkitino— Proofof, of adeed . .
Is positive proof of, expected where deed is lost Evidence otf of subscribing witness Endorsement in, of obligor or obligee
Manner of proving ..... When attorney is bound to testify as to, of chent When entries in book may be given in evidence of
*" 389,390 « . 390 "391,392
YoL L 186
343
« 453
« ii. 39
« 43
" 43,57
iA
" 44
« 44
62
« iii. 103
"276,282
« 283
285
396
396
YoL i. 439
YoL L 308 " 309 « 350 " 356 « 381 " iii 111 136
046 HARB0BIN6 TELON, SSAHSN, WIFE— HSAR8AT BVIDKNCE— HEIKS.
Hakdwutiiig — When depodtxoii6 may be read, on proof of Proof to negatiYe . .
Evidence of; by witneM who had never seen him write Libel proved to be in defendant*a Proof oi; in ancient receipt for the price of lands
YoL iu. 143 «« 177 « 178 « 211 « 429
HARBORmO F£LON. Haxboriiio Fxlom — What necessary to substantiate the chaige of Vol. iii. ISO
HARBORING SEAMEN. HARBoamo Seambh — ^Act of congress providing pains and penalties for Vol. iL 649
HARBORING WIFE. HAEBoazno Wifb— Remedy of husband against prisons for
HEARING. HsAaiNci — When a bill of review will be dismissea at the Final, of ease .... Injunction to quit possession before
HEARSAY EVIDENCE.
HzABSAT EvxDSHCB— Geneial rule as to admission of Principal exceptions to rule When, admissible with respect to death of person When admissible with respect to boundaries Rule as to proving boundaries by . Vol.
HEIRS. Hbibs— To an estate held in coparcenary .
All the parceners put together make but one
Are visitors of coiporations
Peclaiation by ...»
A deed is good against, if not recoid^
May not the word " heir" be a wmun eoUtOivmn
Descent of a freehold to the, at law .
Legitimate, by the laws of the country
To be ascertained by the tee loci and lex domicUu
A contract for the purchase of land descends in equity to
When suit must be instituted by
Indiscriminate aj^lication of the title, under the Roman law
Distinction between, testameataiy and by intestacy .
Of immoveable property can take only according to the 2ex loci ret
Promise by, to pay his ftther's debts
When the, of the wife succeed to the estate
In Ttntre §a mire .....
Rights of presumptive ....
Right of, of /»jf€r ...
Judgment in the name of one, will not avail other
Covenants of warranty are binding upoi the i
Vol. iu. 396
VoLi.193 « i«3 / <* 464
Yol. i. 357
358
« 358
"358,359
360<-ii. 555
YoL L 976 « 270 " 281 «* 292 " 303 318 « 322 « 323 « 323 " 387 « 388 ''390,391 ci 391
« 391
« 399
« 451
« 469
« 469
'< 463
*• ii. 18 71
HEREDITAMENTS — HIGHWAY.
247
Hbib9 — A tefltator may bequeath the property of his When the law favors the, as to legacies Priority of U. S. does not attach against tlie . £ffect of citation served upon, of joint deblidr Lien of vender attaches against, of vendee Rights of; of a mortgagee to enter Sale under a decree will bind infimt . Right of, to equity of redemption Who may redeem premises in the hands of . Where a purchaser advances the money and takes a conveyance for
the mortgagor or his .
Right of, to partnership estate As to descent of partnership property to . Vol it
Devise to trustees and their, during the minority of a beneficial
devisee . •
When a gift or conveyance of an estate is limited immediately to his Covenant to settle an estate upon
Contingent remainders vesting in . . .
&irie /ocia* against an, to have execution of lands A tcirefacioi against, may be amended by md tid record When a resulting trust will arise for the benefit of Money devised to be laid out in purchase of land for Of legacies bequeathed to .... Wheie on the report of a son's death the &ther appoints another
person his, and the son prove not dead Garnishee may be asked whether he owe the, as devisee Lands owned by ancestors descend to Hearsay evidence to prove who were, of a deceased person Liability of executor to, for waste Aa to descent of a wife's estate to her Who may succeed as . Right cif to recover back money lost by gaming
HEREDITAMENTS.
HsssDJTAKENTS — Conveyance of, must be recorded Corporeal and incorporeal . The word, in a will does not cany a fee Nuisance to ....
As to incorporeal
HIGHWAY. HiOHWAT — Ejectment to recover lands covered by Indictment for not repairing Assaults on the .
Proper remedy for obstructing Evidence necessary to support the action Public rivers are public Public right to rivers as a Rivers declared common by act ck congress
VoLii. 73 « 89 « 110 « .125 « 181 ** 185 203 « 210 « 212
« 240
** 305,318
320, 321, 322
VoLii. 524
« 527
« 528
" 530
**«60,561
562
« 711
« 713 « 729
724 •*iii. 91 « 146 « 149 « 155 " 336 « 352 " 374
Vol i. 302 « 357 « iL 77 "277,278 « 278
VoLi337 « 353 « 429 yoLii.279,280 « 280 « 550 « 552 " 553
248
HISTORY HOLJDEB
HISTORY. HiBTOBT^-Rule as to admission o^ as evidence
HOLDER. HoLSEBr-Of note payable at a bank
As to a check endorsed by the initials of .
When» must give notice to parties
"What is necessary for, to say in notice of dishonor .
When the burthen of proof lies on the
Is the, of a check bound to give hotice of dishonor
Effect of the entry of a check in, private bank hook
An agreement by, vrith drawer for delay .
Of foreign bill of exchange returned protested .
Of negotiable note by blank endorsement «
Of note fraudulently transfened
Security to, of usurious note ...
As trustee may sue in his own name .
When, must prove title to note
Where liabitity of drawer- has been discharged by laches of the
As to, of note obtained by fraud
When, must show a demand of payment .
Action by, against executors of endorser
Of check or note as agent
As to delay of, to return a bill and demand payment
Of a note payable in specific articles
Where the U. S. are, of bills
Obligation of, to sue the drawer .
Suit by, against a bank for negligence
Rule as to what amounts to due diligence in the
General principle as to the duty of the, of note in ordaf to charge
the endorser Of a bill of exchange which on the face of it was dishonored Must the, of bill prove the handwriting of endorser A blank endorsement gives right of action to . When, of note releases the parties
O^DSB OF BILL OB NOTX.
Definition of . . . . •
Rights off against drawer and endorser
Duty of, to accepter and maker .
Payment must be made to the legal, at maturity
A befUkfidgy of a bill payable to a fictitious person
Liability of accepter to bonSk fide, where drawer and payee are ficti
tious . . . . •
JSofiA flde, of bill fraudulently altered after acceptance Acceptance without delivery to
Not bound to receive acceptance varying &e terms of the bill French law as to presentment by, for acceptance Exevbe for delay in making presentment for acceptance .
Vol. i. 373
V0I.L 91 CI 91
« 93 « 93 « 94 « 98
« 102 " 103 " 107 « 107
108 "108,110
109
111 « 112 " 114 " 114 « 116 « 117 « 118 ** 119 « 128 " 129 « 130
131
« 133
« 135
« 136
« 138
«* 145
Vol 1. 67, 68
« 69
« 69,70
« 71
** 71
• 71
" 72,73
« 74
« 75
« 75
« 75
HOMICIDE.
249
HoLDEib— Duty of, when drawee has removed .
What should, do on presentment if drawee he dead
Alteration by, of a partial acceptance into an absolute one
Of bill accepted by agent, may require his authority
Of bill payable at no particular place
Liability of accepter for costs of action brought by
Rights of, of accepted bill in France
Ofa note endorsed in blank .... Vol. i.
Where, of bill or check transferable by delivery lose it
When, dies who may endorse
Of note put in circulation by fraud
When the cmiu is thrown on the
Bona fide, of paper endorsed in blank which was stolen
Of bill as collateral security
Duty of accepter or maker to discover the .
Action against the executor of an endorser by .
Ofa check on a bank on which an injunction is served
Bill in equity against fraudulent, of property
How is a bon&filey ofa bill or note affected by an original usurious
consideration « . ...
Of negotiable security ...
Injunction to restrain the negotiation ofa bill of exchange by . Of bill of exchange drawn by one partner in the name of the firm . Bond fide, of note made by one partner in the name of the firm for
his own use .....
May sustain an action on bill drawn by one partner on the firm What the, of note by partners must show . Of partner's note after dissolution .... Of defective patent may surrender it and obtain a new one Of a bottomry bond has no interest that he can assert in a prize court Liability of attorney to, of a note taken to collect Presumption of law in &vor of 6onay&2e What, must do when drawee or maker has removed to another state
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"246,247 « n.226 « 338 ** 357
357 « 359 " 375 «398,399 « 45^ « 609 « ui. 123
130 " 131
HOMICIDE.
noxiciDE— What is .. . Vol i. 426 Of what three kinds is *< 426 In what three cases is, justifiable ... ** 426 Uniform principle of law as to repelling crimes by . '* 426 In what does excusable, differ from justifiable . . ** 4Sn In what cases does,;7€rtn/ortMmiim happen ..." 427 Chaud or chance medley . ^ . . . " 427 Criterion to distinguish between, upon chance medley and man- slaughter . . . " 427 What is felonious . . " 427 Suicide ..... . « 427
Involuntary, in consequence of a lawi\il act * 428
When will involuntary, amount to murder . <* 428
By stranger interposing to part combatants « * 428 32
MO
HOSTILITIES.
HoKiciDs— When an officer may justify Definition of murder Indictment for .
What must be set forth in an indictment for Committed by harshness of master By infecting the air . . . /
By a person who intended hurting in a less degree Administering poison Officer breaking open a door By duel ....
What distinguishes murder from other killing . By &lse swearing By working upon the imagination Of a malefactor
Unintentional .... Malice prepense
General presumption as to malice in . Punishment for murder . Petit treason ....
By peace officer in attempting an arrest By malpractice in physic Accessary to . Providing we^>on beforehand Neglect of wound Chemist giving wrong drug Manslaughter Upon great provocation - Peace officer may not break open doors At what age may an infant be guilty of ' Does drunkenness excuse a crime By ship's sentinel shooting a man By giving a child spirituous liquors Sedtfmdendo ....
Who is an accessary Principal in second degree . By instigation of servant Who is accessary before the fact Where two encourage each other to murder Aiding and abetting Where the reputed father of an unborn child advises
kill it .
As to bail in . Who is to decide what constitutes
HOSTILITIES.
Hostilities — ^Laws of U. S. to prohibit Kfi^ct of war on insurance Ciq^tain of vessel .
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HITSBAMD.
251
HUSBAND.
Husband — Authority of wife in the absence of May enter joint appearance and answer How far is, bound by contracts of his wife A, living in a state of separation liable for necessaries furnished
hiswife .... Who has turned away his wife . Y^ie the wife leaves the, without his consent Alien husband ....
When absent, is presumed to be dead . Privity and acquiescence of .
Note of, to his wife
Answerable for wile's debts before coverture Wife's remedy against, for threats of violence . When a wife may be witness against her . What declarations of a wife are evidence against When, may justify killing a man . Bight to wife's lands acquired by marriage Rule as to rights and liabilities of May control his wife How a wife^may convey real estate to Can the, dispose of his vrife's equity . When, lives in a state of adultery Can a wife by will devise lands If the intended, be of bad character Rights of, by marriage contract A bequest by a, to his wife When, must be deemed to be the fitther ^ .
Suit in chancery by, for divorce . Change of domicil by
Conveyances of property by, in trust for wife When, may. release his wife's interest . A bond by, to leave his wife a certain sum . Wnt of ne exeat r^imbHca against Not liable for the nfaintena'ftce of his wife by a former Payment by a woman undei the power of her . Settlement of an estate upon the wife by her Covenant to indemnify the .... What a, cannot be guilty of . , .
Sdrefadae to make the, a party Assignment aoade by a, of a debt due to his wile A legacy to a/emmc ctteert not subject to attachment by, creditor Death of absent .....
When, privileged from arrest Where, borrowed money of his wife which came to her in right of
a former «... May settle f n estate on his wife . Threats o^ to induce his wife to sell her property The, is liable for necessaries furnished his wife. •
Vol. ii.
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. «i53,154 |
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246 |
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291 |
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464 |
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504 |
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561 |
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118 |
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/
262 HU6BAMD AND WIFE.
Husband — Remedy of, against person for harboiing his wife . . VoL iii. 396
Entitled by his marital rig^hts to nis wife's money after her death ** 193
HUSBAND AND WIFE. HvsBATiD AND WiFE^Rights and liabilities of YoL L 451—455 Generalauthority of wife in absence of husband . . 'Vol. i 19 Wife not bound by joint note with husband . . ** 199 Appearance and answer to bill filed against . . • " 191 Hasband*sliability on contract of wife . . • " 202 Liability of, living in a state of separation . . . '* 205 Of husband who has turned away his wife for adultery . . " 205 Where wife improperly leaves her husband . . " 206 Ofalienhusbandforwife^s contract . . . . '' 207 As to absence of husband . . . . " 203 As to wife becomingybmne ioU trader by acquiescence of husband . " 209, 21 0 Liability of husband for wife's debts before coverture . ^ 210 As to contracts between ..... "211,451 Rights of, under foreign marriage contract • . • '* 240 A deed to, in fee . . . . . *^ 297 Right of survivorship between , . . , ^ 319 As to legal cause of divorce between . . YoL i. 326, 327— iii. 349, 350 Right of wife to dower .... Voli. 327— 332 Rule as to admission of evidence for or against each other . YoL i. 351 Exceptions to rule ..... "351,352 "Excuae of te defendeHdo ... . " 445 As accessories to homicide ....'* 449 Rule as to rights and liabilities of husband . . . '^ 451 Rule as to rights and liabiliti^ of wife ^. . '^ 451 Right of husband to control wife . . . . " 452 As to conveyance of estate between . . . '' 452 Right of husband to wife's eamiags ... " 453 Astodeviseoflandsby wife to husband . . << 453 As to rescinding engagement between intended . • . ** 453 Feoffinent by infant . . ^ . . "463 Bequest to . *. . . " ii. 75 Bequest by husband to wife . . . • ''79 As to legitimacy of children . . • . " 101 Rule in case of voluntary separation of . . . " 102 Acknowledgment of deDt by wife . • . ** 126 Ab to marriage engagement of . . ' *" 142 As to marriage by husband or wife in absence of the other , *' 147, 148 Personal cs|>actty of • • "150 Vested rights of, by virtue of marriage . . . " 151 Effect of change of domicil upon the rights of . Vol. ii. 153, 154, 155, 150 Where, have difierent domicils Vol. iL 156, 157 Rule in equity as to rescinding marriage articles between, after mar- riage ..... VoL ii. 157 Validity of marriage contract of intended . . ' . " 159 What necessary to create a separate estate . , ** 159
HUSBAND OP SHIP.
HuiBAND AND Wips — Eule fts to xpistakcs in mair]pige settlements .
Where, are parties to contract
Settlement on wife and children by husband
Convejrances of property by husband in trust to wife
As to post-nuptial agreements between
Marriage settlement upon a wife by her husband, how impeached
Competency of, to file bill to foreclose mortgage to secure trust fund ofwife .....
Title to equity of redemption ....
Right of widow where the husband dies seized of an equity of re- demption .
Where a husband renounced his title to his wife's property
Bond entered into by husband to wife
Bond by wife to husband ....
Writ of ne exeat repiMica against the husband on petition of wife
Not permitted to sue as partners ....
Payment by wife under power of her husband .
Bight of husband or wife to execute a po%yer
A power by marriage settlement to, how extinguished
A defective execution a power by wife
Effect of a settlement made on wife and children
As to settlement of estate on wife by hudbandupon separation
As to post-nuptial deed of settlement between
When a wife may make a will
Are one person in law . .
Bill by, to recover a demand in her right when abates
Action against, on contract of wife
As to discharge from erecution on judgment against
Legacy to femme covert when not subject to attachment
Ante-nuptial contract betwen
When privileged from arrest . . . •
Hay have separate wills ...
Note by husband to wife ....
Right of widow to dower of mortgaged land .
Effect of threats, &c., of the hnsbond to indoce his wife to sign an act of sale ...
Prosecutor's wife is a competent witness for defence .
Liability of husband for necessaries furnished the wife on his credit
Rights of; when living separate
Why, cannot be guilty of conspiracy
Action for conspiracy will not lie against, alone
Right of husband to tenancy by curtesy
How domieil of husband becomes that of wife .
When wife voluntarily absents herself from her husband
Remedy of husband against persons for harboring his wife Conveyance by, of her separate estate to trustees
HUSBAND OF SHIP.
BviBAJiD OF Saip— Security required by U. S. of ship's Puties, powers, and rights of
Vol. ii. 160
" 180
« 161
« 161
« 162
« 163
« 199
•* 212
** 213
« 243
" 248
" 246
«• 263
« 484
« 493
« 496
« 502
« fi04
« 504
« 611 "716,717
" 725 « iu. 12
** 14
« 38
" 86
« 118
« 119
« 132
« 133
« 144
«* 147
« 189 "192,194 "193,194
* 312
" 314
" 387
« 351
" 396
« 396
« 400
7oLii.587
" 994
254 HYPOTHECATION ^imoTS — IGNORAMUS — IGMOXANCE ILLEGAL.
HYPOTHECATION. Htfothecation — Of vessel oq bottomry bond What must creditor show to make valid What will not justify a master in executing a . For mixed demands .... As to libel on, bond ....
Bond must not be diverted from its original use For what may master, vessel and freight in a foreign port Authority of master to, the vessel . ToL i. 154,
By whom only can, be legally made . What necessary to constitute a valid sale on Bight of wife to, her dotal lands Effectofa, coQtiact .... Purchaser of ship at sea takes her subject to When it is the duty of master to, vessel or cargo Master's right to sell or, cargo Direct, of ship by giving bottomry bond Bestriction on master as to, of ship Effect of; as to owners When master of vessel cannot Of vessel on maritime risks Bills of exchange accompanied by verbal engagements cannot be
considered ..... Master cannot, ship for debt of his own Preference of mariner's lien over debts for which vessel was Mariners hired upon the faith and security of the, of vessel
IDIOTS. ♦
Idiots — Rule as to contracts and other obligations entered into by
Rule in regard to the manner in which suits are to be instituted
and defended by .
As to, entering into marriage contract Are incapable of making a will
IGNORAMUS.
IftMORAHus— Where the grand jury find a true bill on one count and en- dorse, on the other
IGNORANCE. lanoBAK cs — When insurance is void if made in, of loss
As to error arising from ....
Role in equity as to, of the law . .
ExcentioBS to the above rule ....
ILLEGAL. iLLtGAL— It is, in a private individual to suppress proseeution for crime As to one of several partners in an, contract Will equity prevent the effects oi^ contracts As to an, contract made between parties who are in pari ddiOo to the contract ....
VoL i. 1S2
** 1« « 158 « 153 * 153 " - 153 155— U, 607 VoL ii. 155 - 570 " 151 "217,605 " 584 « 601 « 602 « 603 « 604 "605,606 " 608 " 609
" 610
« 611
« 645
" 646
VoL ii. 133
« 138 « 146 « 717
VoL i 457
Vol. L 470 " ii.241 "241,249 "243,244
VoL 1 112 « 250 « 251
251
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ILLEGITIMATE — ILLICIT — IMBECILITY — ^IMPARLANCE. 265
Illboai* — As to a demand connected with an, transaction VoL i. 251
When a sealed bill is, and void . . . ^^ 252
Is an agreement to stifle the prosecution of felony . ** 254
The consideration in a deed must not partake of anything immoral,
or fraudulent . . . ** 304
As to deroutier where from the declaration the contract appean
tobe ......
Ab to a reasonable suspicion of, traffic
Were wager poUcies, under the common law
As to insurance on ship embarked in, traffic
Ab to a veqUct founded upon an, principle
Rule as to right of a member of a partnership formed for, purposes
to demand an account, &c. . .
As to penons engaged in an, partnership . As to full indemnity for, discharge of marinen Where surety is sued on a bond given for a, consideration As to a note given for an entire consideration part of which is A judgment will not be reveraed for the admission of^ evidence As to cases which though morally criminal are not, except on the
ground of conspiracy . . . . " 312
ILLEGITIMATE.
Illxoitimatx — Of what marriages are the issue
The child of a second marriage the first wile living is
As to disability of marriage extending to, children
A parol agreement made by a father in consideration of the marriage
of his, daughter ....
As to compromises in cases of suspected What are the obligations of parents towards their, children As to maintenance of, children As to evidence necessary to establish
ILLICIT.
Illicit — into what three classes have, voyages been divided As to seizure or detention of any, trade Where the insuren do not take the risk of, trade
IMBECILITY.
Imbxoilitt — As to proof when an act is sought to be avoided on the
ground of mental .... VoL ii. 132
What sufficient to avoid a contract on the ground of . . ^^ 144
Where, has been adjudged sufficient cause to dissolve mairiagie " i. 326
IMPARLANCE.
bffAXLANGB— As to interdicting the party from . Tol. i. 108
A plea in abatement is too late after a general . . . ** iii. 20
Abatement may be pleaded after a special . . ** 20
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256
IMPEACHMENT — IMPLICATION — IMPLIED — ^IMPRISONMENT.
IMPEACHMENT. iMFSiLCHMENT — As to, the Credit of a wltness
As to when the consideration in a bill of exchange may be Who may be a witness to, the validity of a note
LMPLICATION. Implication — As to an estate tail created by Indictments ought not to be supplied by . As to a recovery in trover operating as a sale by, of law . As to power possessed by, to allow affidavits in proof of claims Words of; relative to an express estate for life When the power to sell an estate devolves by, upon the executors Liability of surety is not to extend by, beyond the terms of the con- tract ......
May a will be revoked by, or inference of law .
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723
IMPLIED. Implied — As to an, acceptance of a deed When an order to insure may be What warranties are, in every policy of insurance Of, warranties .... Does this, warranty apply to the owner of goods When malice is by law
VoL i. 300
« 471
« ' 505
VoL i. 505—519
VoL L 508 *" iu.438
IMPOSITION. Imposition — As to relief in equity against deeds and judgments ob- tained by . As to fraud or, practised upon the ward
IMPOSSIBILITIES. Impossibilities — As to, in the strict perfoimance of conditions
IMPOTENCY. Impotency — Divorce a vinado may be decreed for, in either party
VoLiL 23 '' iil.393
Vol. L 398
As to, of infant under fourteen years of age
IMPOTENTI^ Impotentia — Where the courts are authorized by statute to giant divorces cauaA ......
IMPRISONMENT. Impbxsonmsnt — As to insolvent procuring exemption from . As to what will constitute duress by .
As to menaces which induce a fear of . . .
Courts of equity watch with jealousy contracts made by a party under ......
Ab to jurisdiction of circuit court to impose fine and Rule as to the power of ^e state courts to giant writs of habeaa coffnu to inquire into unlawful ....
VoL 1326,327 »* ii.518
VoL L 396
VoLL 64 "255,334 « 335
** 401 <'ii. 56,61
mPEOTEMKNTS — INCAPACITY — ^INCEST — ^IMCIBENTS.
257
IvrEXSOKMSMT— ABto, ofseamea Tol. ii. 622, 623, 696
A state may pass a law whereby insolvent debtors shall be released
from . « 68
When, of the person is a suspension of the lien of judgment . * 111
Eflect of the act abolishing, for debt upon the right to grant a ne
" 263
« 475 " 623 M 648 » 699 " iii. 35
" 36 ** 41, 276 « 105, 109 "194,195 ** 283 « 308 " 324 •* 402 " 425
As to plea jntU darrein eautmuonee of a discharge under the' act abolishing
"When the cost and charges of| may be deducted from wages
As to remedy of mariner for .
TVhen a judiciary surety may be subject to .
"When a person cannot object to, as unlawful
As to a contract in a state where, for debt is not allowed and be- fore payment the debtor removes to one where, is allowed
As to what subjects to an action for false .
When an attorney is not liable to . .
As to, for debt
As to protection from, in Pennsylvania
As to punishment by, for burglary . .
As to power of congress to punish by, for contempt
When an in&nt is entitled to a discharge from
Where kidnapping is punishable with fine and
IMPROVEMENTS. Impbotsmxiits— As to beneficial, on land
Are, necessary to constitute an adverse possession £ule as to right of mortgagee to be paid for As to compensation lor, of one tenant in common As to set off against
As to a covenant of sale of, on public land > When, on land cannot be sold without the land
INCAPACITY. LiOAVACiTT — As to the, of one party to a bill Where a person incapacitates himself As to a sentence of nullity of marriage for physical Who are under, by the French laws As to dissolution of partnership by reason of As to physical, to commit a rape
INCEST.
boxsT — As to what amounts to .
Laws of nature as to incestuous commerce What is the effect of an incestuous marriage Christianity is understood to prohibit
INCIDENTS. boinxNTS — As to, appendant or appurtenant to land General, of marriage An to what is considered the, in re-conveyance
Vol. i. 311, 312
Vol il. 116,117
VoL ii. 187
« 295
« 672
Vol. iii. 326,327
" 401
Vol. i. 106 « 228 " ii.l47 « 149 « 396 « 518
. VoL ii. 149 « 143' « 147 «• 149
. Vol. L 311
Vol. ii. 150—157
. VoL il 214
258 INCOMPETENCY — ^INCORPORATION — INCUMBENT — ^ENDEMiNm .
INCOMPETENCY.
346-353— iii. 507
. VoL i. 346 a '346
« 346
a 340
« 351
361 363
Ihcompbtsncy — Of the, of witnesses . . VoL
As to, by want of reason or understanding From defect of religious principle Conviction of crimes or infamy of character From interest ....
Role as to, iiom interest .... As to, of one of two defendants as witness When proof may be offered to, of party to make a deed As to, of witnesses in courts of equity
As to, of pilot . . . . . ; ** 607
When the statute protects tliose who are, to protect themselves " iL 130
As to awarding new trial where, evidence was ad^tted . . ** liL 437
INCORPORATION.
Incobposatzon — As to powers con&rred by act of ^ . VoL L 53— ii. 471
As to commissioners appointed by act of . . . VoL iL 498
As to acceptance of act of .... " iii.4S4
INCUMBENT. Ikcumbent— Is it, on a party setting up minority to prove it . . VoL i. 462 When it is, on the plaintiff to support the allegations in his declar- ation . . . . " iL 232
INDEBITATUS ASSUMPSIT.
Ihdbbitatus Assumpsit — What is ... . VoL i. 65
As to an action of general, for services rendered . *^' 11
Can money levied by the sheriff be recovered back by . . <* 11
Assignee of a Spotch bond may maintain . . ^'64
Does the law distinguish between a general, and a special assumpsit ** 65
When, will lie ..... VoL L 66— iii. 67
A plea of payment into court under the general . . VoL ii. 474
As to forms of pleading in actions of . . . " 480
As to set-off in cases where, would lie . . ** «f
As to recovery in . . . . . . '* iii. 291
Forms of declaration in actions of ... " 340
INDEMNIFY..
IifDEMNiFT— Liability of principal to, agent . ,. . Vol. i. 33
When carriers of goods are bound to . . . *< 163
As to parol evidence of an agreement to . '^. , « 211
As -to an acknowledgment in an agreement to . . *< 220
As to a deed to, the sheriff for failure to return execution '* 309
Insurance is an undertaking to, against certain perils "^ 467
When the guilty party must, the other for his loss . ** 567
When the captain's obligation to, is personal . << 581
As to, against the safe arrival of ship . ** 586
As to mortgage of joint property to, drawer of bills of exchange ** iL 114
As to mortgage to, against liability for endorsements . ** 178
INDVKNlTT-^IND£lfTUR£.
259
Irobhnift— As to a coveDant to, against outstanding demands • . VpL ii. 388
Where a redring partner agrees to, new partner against debts of the
finn . " 384
When partner cannot refuse to, the partnership for damages . ** 412
When partner should be, hy the company . . ^ 413
When a company are bound to, partner . . . '* 414
■ When a partner cannot claim to be, for losses . • . *' 414
As to plea in cases where the condition is to, and save harmless '* 480
Where a friend of the wife covenants to, the husband against debts '* 504
As to lien of ship's husband for indemnification . . *^ 594
. When the owners of vessel are to, the master . . ** 626
As to promise of surety to, against a future default . '* 696
INDEMNITY.
Irsbunitt — When principal is entitled to full, from agent . . VoL i. 32
Can the agent maintain a suit against the principal for " ii. 58
When sureties are entitled to, and a preference by assignment " i. 64
When the holder looks to the endorser for . " 128
As to bonds for . . . " 148
As to a bond of, against an illegal act . " 149
As to a f&nd for the, of the guarantee . . , ^ 189
What a good consideration for a promise of . . ** 215,221
How the extent of the condition of an, bond may be restrained " 418
As to security or, of the party insured . . '* 481
As to, of insured ..... "487,488
As to. of insured for loss occasioned by themselves . *^ 514
Policy of insurance designed as a contract of . ' . ** 534
Amount of, how ascertained . . .* • " 581
As to, against his own act . . . . " 586
What the insured retains by way of, for his trouble . " 687 *
When pawnee may require a sale in order to have his . " ii. 222
As to sufficient, against injurious consequences . "■ 243
Plea to a declaration on a promise of . . " 481
For illegal discharge of mariner . . '* 620
When the proprietor may dismiss the captain without ^ 627
When one surety stipulates for a separate . " 708
When a promise of, to an agent is implied " iii. IIB
Astoadequate, for lost notes by court of chancery . . " 129
Where a mortgage is given for, of endorser . . " 218
When sheriffhas a right to demand ample . . ** 239
When vendee may maintain an action for . . ^' 258
As to, where pnvate property ia taken for public use . . " 319
As to contract of .' . " 412
INDENTURE.
IiDBNTUEE— When a lease cannot be sorvendeied by merely oancelliag the Vol ii. 73
As to, of lease and release . . . '* 320
As to, of judgment . . . . " ** 47S
Asto,ofapprenticeriiqi . « • « <'iii.264
960 OfDICTABLC — ^IKDienCENT.
IXDICTABLE
IvoiorABLK— Are acU injurioui to private persons ToL L 4SB
Wheii is a fiaud, at common law ... ** 459
mDICTMENT
IirsiOTif Kif T— What is an ..... Vol.i.456
What nnmber of the giandjuiy most agree to find a bill . ** 456
What must be precisely ascertained in an . . , " 496
As to particular words which must be ttsed ia . ' . ^ 456
As to, for murder . . , , , . . " 456
Process to bring in an offender on an ' . . " 456
Usual practice in the case of misdemeanors . . ** 456 Why is a bill of, said to be an accusation ..." 4OT
As to, for capital offences . ,^ ** 4S! .
Must the grand jury find the whole in a bill or reject . *^ 457
Mxy criminals be charged jointly and severally in . . " 457
May three offences be joined in one **• 457
As to, where several commit a robbery, burglary, or murder . " 457
Where two are chaigedjointly with receiving stolen goods *^ ASS
As to ground of quashing an . . . ** 458
In, for bigamy, where may the venue be laid . ** 458
Forgery and uttering forged instruments . ** 458 Must be precise and certain ....<* 458
Are acts injurious to private persons indictable . . ^ 458 ' For conspiracy ..«..** 459
When is fraud indictable at common law . ** 459
What should captions of, set forth . . . *< 443, 459
When may an, be amended . . « . ** 459
Where one part is inconsistent with another . ** 459
As to conviction upon an erroneous . • . ** 459
As to an, good in part and bed in part . . • ** 459
Can counts in an, be struck out ... . " 459
As to the words vi d omtu in an . " 460
What must every sufficient, set forth . ** 460
For stealing . . . "460 For fitting out a vessel with intent to employ her in the service of a
foreign people .... YoL i. 196^ 197, 198
As to, for misdemeanors .... Vol. i. 280 As to evidence on, for rspe .... Vol i. 359, 960, 366
As to proof on an, for uttering a bank note knowing it to be f<»ged V<4. L 362
As to plea of not guilty to an . . . " 363^
What must every, for forgery set out "396,397
What mustbe averred in an, for murder "429,430
For administering a drug to a woman to procure abortion " 433
As to an, where the act was committed in prisoner's presence " 437
For negligently supplying the wrong drug " 438
As to arrest of criminals after . • <* 440
Charging a woman with the wilful murder of her child . " 443
IIfrA|COC»*-€NrANT8.
261
liMOTMsiiT— For mafieioiu enttiiif
For a contpiracy in prodacug a kite certiiicate in ovidance .
Am to mUnomer in ....
For a tape and ibr murder of the party ravished
What a sufficient huminc^ to support an, for anon
For feloniottsly attemptiag to discharge loaded ams
For burglary . . • . .
As to the right to ehaUea^s on a tiial under
As to conviction for concealment of birth on an, for child mvider
When lies for obtaining goods by fidse metencea
Who is a competent witness on a trial under, for fMgery
Trial in an, for forgery ....
Conviction on an, for stealing a draft
For engraving and making two parts of a note
YoLiiU <* 4U
"iii. 18 •* 114, 115 ** lid •* 120 **13fi,137 « 138 « 139 . « 141 " 148 « 159 YoL iii. 165—168 « 1«8— 171 As to competency of witness upon a trial under an, for forgery . Vol. itL 171 For falsely altering a receipt for tent . VoL iii. 171—174
For forging and uttering a request for the delivery of goods ^ 174, 175
For forging a warrant for the payment of money ** 175,176
For folse pretences . ^ 177, 178
For forgery . . . . ** 178, 179
For hariwring a felotf . ^ . Vol. iii. 180
For murder ..... VoL iii. 180, 183, 185
For child murder . ** 185—188
Forstealing .....*< 305,206
For having possession of a forged bank bill with intent to pass it " 244—246 As to breaking prison when imprisoned upon an . Vol. iii. 231
For inciting another to oommit suicide ** 240,341
INFAMOUS.
bvAMOUS — As to divorce in cases of eonvictioB id, crime
Incompetency of witness who has been convicted of, crime Effect of a conviction o( crime in a foreign country As to capital or other, crime
INFANTS.
hvAVTS— What is an, in law
Different ages at which, are competent to different purposes
When are, of full age . - .
As to disposition of personal estate by
At to marriage of an, and her disagreement afterwards
May a child in ventre samire be appointed executor
As to a devise of land to an, in vcnAif ta m^
May, in venire $aminha.Ye a distributive share of intestate's property
As to judicial acts of .... ;
As to proof of minority . • .' . .
Admission of, as witnesses , .
As to gifts, grants, Sec, of an «
Husband and wife . ' ,
Agreements made by an ^ «
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262
INFANT6 (cONTUTCZD).
JMVAKTt — Ai to debt eontnieted by
"^ere an, enten into a bond pretending to be of age
As to bill of exchange accepted alter, becomes of age
If an, be joined with othere in sning
Liability of, in respect to torts
If; be set np against a note executed in a foreign country
How can, appear and answer
If; pays money on a contract which he afterwards rescinds
For what contracts are, liable
As to a deed of txirgain and sale by
As to contracts made by, against their interest .
As to note of, with surety
As to a promise to marry by . . .
Is an, liable for a wilful trespass .
Can an, devise his personal estate ' .
As to the profits of an estate of an, dying intestate .
As to trading contract of an
Ib an, liable for money lent
Is an, liable to an action at law for obtaining money by repre8en^
ing himself of age .... At what age may an, be guilty of felony . "When a debt contracted with an, is sufficient to support a policy of
life insurance . .
May take leases '..... "Where the younger children are destitute and the elder is an Where one against whom a decree is giyen isan * Rule as to, maintaining an action for breach of promise Bule as to the right of the father to the custody of; children i As to cases of trespass on the person of the TVhei^an, may maintain an action for work As to maintenance of .
Rule as to liability of; partners after conung of age Rule as to, partners .... Rule where one partner is an '
When in&ncy may be given in evidence Incapacity of, to commit a rape Can, enter into the mariner's contract As to infiincy of plaintiff .... When the guardian of; vests his property in real estate When guardian permits, to be brought up in idleness Indictment for murder of, child by poison . When, is bound by his contract Where one purchase for an, as agent Imprisoned in execution in a civil suit . . .
Negotiable note made by an • . When court of chanceiy will appoint a guardian to What constitutes an, or ward in chancery .* When custody of, will be given to the mother . If; sell or exchange persbnal property Alegacy to female, &c. . . . •
|
. Vol. |
L469 |
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<( |
463 |
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CI |
463 |
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tc |
463 |
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463 |
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119 |
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ii 69 |
|
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*<42S^42ft |
INFORMERS — INFORTUNIUM — INHERITANCE. 263
INFIDELS.
IirnsBLS— As to inpompetepcy of, as witnesses Vol. i. 346
INFORMATION.
IirYORiZATTON-^What mmt an, in admiralty for fatuze claim contain Tol. i. 19 As to concealment of| by agent ** 25 As to personal, to purchaser . . *' 36 When, is a good consideration for a note . . *' 113 As to, in nature of a writ of quo wxrramto . '* 282 Rule where a party refers another for, to a third person . ^ 345 As to the words «t ft armu in av . '* 460 Where a party withholds, froib agent who is about to procure in- surance for him . . . . " 493 When the underwriter waives ....'' 494 As to concealment by the insured of . . '* 495 What, need not be disclosed . ** 497 When circuit court will grant amendments in, in rem . '* ii 56 What necessary to support an, m ran . . . '* 61 As to indictments and, for misdemeanors . ** 276 As to ^ quo warranto Vol. ii 514, 515, 516, 517 As to granting an, in the nature of di quo warramto Vol. ii. 515 As to granting to file . . . . ^ 515 Rules for pleading in an, giioivarran^o . . . *' 516 As to the process upon an, in nature of a ^uo tparranto ** 516 Rule as to the judgment on an, of ^uo warranto . . . *' 517 As to withholding proper, irom surety by the creditor *' 701 Astobailforanoffence that can be prosecuted by, jpn tarn « . " iii. 284
INFORMERS.
brvoKMXss — As to evidence of . . Vol. i. 352
As to arrest upon complaint of a private . . . ** 445
INFORTUNIUM.
biYORTUifiTTM — Excusable homlcide is either ^MT, OT se (2e/bidmdb . Vol. i. 427
In what cases does homicide jMT, happen . . . ** 427
INHERITANCE. IiiBxuTAifcs— As to, held in coparcenary .... VoLi. 270
As to states o^ which are of a descendable nature . . " 271
As to a devise of land without words of . . . <'316, 317
May not a fee be implied without words of . . *< 319
As td dower of estate of . . . . <* 327
As to suit for an injury to the . " 451
Injimction to restrain the commission of waste on the . . " 464
As to, of partner . . . « ii.389
When the estate descends to heirs as a vested * *' 524
As to what will carry an estate of . . . ** 720
As to an, willed to an absent son . . . ** 724
An estate of, in severalty or in coparcenary • " iii. 336
liability of guardian for waste of the . • * 391
d64 INJUNCTION — ^INJURY — ^INNKEEPPEHS — INQU EST — ^INQUISITIONS.
INJUNCTION.
lHJ?NCTioif— 'Whatisan ..... VoLi464
When an, was granted to restnin afent &om tbe txaailer of stock *< 97
As to the acts of Maiyland regulating the proceedings on . " 190
A decree perpetuating an . . . **ii38,43
A bill praying for an, to a judgment . . . ** 44
Authorityofcircuit court to grant . • • ^ SO
An, may he issued by the district judge • . " 87
As to an, not to many a widow . , . ''81
As to, to restrain partner ..... ''329,336
Courts of equity wiU restrain by, a sudden dissolution . • *' 336
In what cases will a court of equity grant an, in &yor of a partner " 337 When, will be granted ex parte to restrain the negotiation of bills . . " 338 When will court of equity award an ..." 338
¥^t is the usual mode of obtaining an . . . " 339
The, is not confined to any one point of proceeding . " 340
When a bill prays for, to restrain execution . • . " 341 Whentheprayer of a bill for account extends to « ' " 342
An, has been allowed to restrain assignee, &c. . , . " 436
When patentee will be protected by . , "461
As to a bond conditioned to prosecute a bill of . . . " 559, 560
As to, on a bank prohibiting payments . . " iii. 291
As to enforcing, £rom chancery .... "309,409
When officers and agente of government may be restrained by . " 319
When a landlord is entitled to an, against his tenant " 480
INJURY.
I]i7UKY"As to the redress of to ..... Vol. ii 9
Jozisdiction of district court over torts and . " 59
Asto, to the righto of private parties . . . . " 253
As to, received throug|h the negligence of the driver . " 868
INNKEEPERS.
Ikhkebpers — Liability of, for refusing to entertain traTelleni . VoLi. 464
Where,i8 bound to receive goods . . . . " 464
Where an attorney hires a chamber of an, for a tenn • , " 465
As to one who takes lodging at an . • . * 465
Liability of, for theft committed on a guest . • . " 465
How can an, limit lus liability . . • . " 465
May an, detain a horse for his keeping . . " 465
Ifthe horse is once delivered to the owner . . . " 466
As to liabilityofeach where several come and dine . . " 466
INQUEST, bf QtJKST— What effect is given to the depositions of witnesses examined
on a coroner's ..... ToL i. 36V INQUISITIONS.
IifQX7i8iTio]i8--What elfect is giren to an, of lunacy . • • VoLi. 367
As to an, offelo d$ w taken before the coroner si^wr vUmn corparU " 367
IMIAiriTT — ^INSOLYENT — I N8PEC1 lON-^INSTRUCTIONS.
265
INSANITY.
lli%ii«iiTT— Ab to dissolution of nftuniage on account of As to temponuy^bj intoxication . Rule as to disability of; to marry As to dissolution of partnership by, of partner As to will if a testator is subject to As to pxesumption when general, is proved
INSOLVENT.
LfSOLYSHT— What is, in a technical sense .
As to liability of a|^nt for loss by, tenant .
How may an, debtor be discharged from his debts
As to endorsement of paper by assignee o^ payee
As to notice if the drawee of a bill or maker of a note becoi
When joint endorser must prove, of maker
Transfer of negotiable note by agent who is notoriously
As to indemnity oi; guamntee
As to priority of payment in cases of
Tender's right of stoppage m trantUu in cases of
As to discharge, of debtor under law
Rule where vender is, at the time of purchase .
liability of executor where purchaser becomes
When a legacy vests in the assignee of^ legatee
As to priority of the United States where becomes
As to evidence o( of debtor .
Dissolution of partnership by
As to payment in bills otf bank
As to pleading an, discharge
As to a claim due by an, to a partnership
As to transfer of property by, debtor in Georgia
Asssignment by, debtors in New York
When assignees under the, act are declared to be tmsteea
Ofapartnenhqi . . - .
Preference of creditors by an, debtor
Effect of a discharge under the, law
INSPECTION.
IirspxcTioii— -What acts of infiint must be tried by ^ As to proof of judgment by, of record Of time allowed for^ of goods by purchaser
INSTRUCTIONS.
IiiszKVCTioMS — Of horse-dealer to his servant not to warrant Authority of agent limited by Duty o^ agent in the absence of specific When an agent is justified in departing from As to an agent exceeding his private . What if no priee be limited by the 34
Vol.
Vol
Vol.
109,
VoL L 327 « 333 « ii. 146 "388,395
u 7j[7
«iu.l97
Vol. i. 466 a 42
64
" 80
i. 92, 94, 97
Vol. L 106
108
189
196
« 227
241—111. 403
Vohi.2M,2M
',110,111,387
Vol.ii. 87
" 107
** 108
« 393
« 465
« 941
« 577
« iii. 44
« 50
88
227
« 231
« 277
Vol. i. 469
" a. 14
•'111.450
YoLi 23 " 25 « 26,31 « 37 «^ 37 « 40
266
INSTRUMBNt.
133 155 187 223 230 231 234 235 246
Instbuctionb — Is an agent liable for disobeying • . Vol. L <!
When is an agent not chargeable for breach of . ** 45
As to, of infant in trade or business . . > . . . ** 429
As to sailing, to sail with convoy . . . ** 503
As to writ of errors on a bill of exceptions to . . . " ii. 40
As to new trial where tlie jadge has given wrong . . ^ 277
When court of equity will give special, to commissioners . " 296
Responsibility of attorney for disobeying lawful . . Tol uL 108, 268
Of the court to the jury . . . »* 199,428
Where the court has given improper . . Vol. iii. 224
INSTRUMENT. JjisiRUiiBNT— As to secbndary evidence of the contents of a written Vol. 1. 118, 126
Where the U. States are parties to an . . VoL i. 129
Can a party to a ^gotiable, be permitted by his own testimony to invalidate it ..... . Grotinds of objection to an, of hypothecation
When court of equity will reform an .
When a consideration is implied upon the solemnity of the
As to the mutual intention of the parties to an
When all matters 4f discussion are merged in the
Where several, in writing are made at the same time
Made at the same time and relating to same subject how construed
As to usury between prior parties to an
When parol evidence is admissible of what passed before the execu- tion of an .....
As to evidence of usage where the legal effect of an, has been set- tled .... .
What necessary to state in declaration on an . VoL
Must be sealed to be a deed .
As to what should appear on the face of an
As to public, of a foreign government ' Rule in regard to mercantile . . 1 .
As to the alteration of a written
When may a person be guilty of forgery by putting his own name to an .
How indictment must set out forged
As to, of gift to transfer property
Where several combine to forge an . . .
As to indictments for uttering forged .
Rule where a sum is given twice in the same
As to surety on a sealed ....
As to an, transferring estate ....
As to pledge of negotiable ....
Rate as to the persons from whom equity will interfere to correct mistakes in written ....
What necessary to entitle a party to relief against written
Efibct of a sealed, given by one partner in the name of the firm
Rlile as to the light of partners upon sealed, in the partnership name
Rule for construing the, for execution of a power
|
293-^u.289 |
|
|
Vol. |
1.294 |
|
u |
297 |
|
u |
368 |
|
a |
377 |
|
u |
395 |
|
u |
396 |
|
tt |
397 |
|
(C |
416 |
|
(( |
447 |
|
ft |
456 |
|
u |
a. 76 |
|
« |
169 |
|
cc |
176 |
|
"217,226 |
|
|
u |
253 |
|
C( |
255 |
|
a |
371 |
|
(( |
415 |
|
f |
496 |
INSURANCE.
207
LcsTRirif ERt^As to the, by wlilch a power is gpranted
As to, of trensfer of ships . ** .
As to mode or, of punishment prescribed by the maritime law
Revocation of a will must be by another
As to, not assignable by their terms
Assignment of any, or claim in England
As tp affidavits to prove the loss or contents of written .
What subjects wa,j)rim& facie to the imputation of fraud
Alteration of .....
As to the construction of all written .
As to written, of conveyance of bank stock
YoLiidOa
« 583
« 648
tt 723
'. « iii. 60
" 62
116
« 217
Vol. iii. 358^ 250, 260
. yol.iiL386
« 397
INSURANCE.
Imsukanck — Of the law of What is marine Of the parties to the contract Who may be insured
Rule as to a native subject's right to insure as trustee for an enemy Effect of the royal license ....
Who may be insurers ....*.
When agent is considered as insurer
OF THB TBSMS AND SUBJXOT OV THB FOLICT.
Rule where a particular ship is specified in the policy
As to the words " ship's body"
Will^a policy be valid without naming the ship
A partner insured in his own neime
Eflfect of the words « lost" or " not lost"
Effect of a policy made for whomsoever it may concern
Policy effected by agent without the knowledge of his; principal
As to defence of agent for failing to
Liability of agent's Mixue or neglect to execute order to
When is an agent to comply with an order to
Rule as to the assignment of a policy
Effbct of the word " property" in a policy
What is comprehended under the term '* cargo"
Effect of a wrong description of goods in poliey
Rule as to alteribg mistakes in policy
What is comprehended under the word " furniture*
^ to, on goods contraband of war
Into what three classes are illicit voyages divided
As to a contiaet of; made in oppoeitionto maritime law
As to the construction of )he terms used ii} poliey
OF INSURABLB INTXBX8TS.
General rule as to insurable intefests
Rule as to mere equitable interest
As to charterer's right to insure
Ai to the right of severe, to effect distinct polieiM .
VoL i. 467—600
Vol. i. 467
Vol i. 467—469
Vol. i. 467
467
468
39
|
Vol. |
i. 469 |
|
u |
469 |
|
u |
469 |
|
u |
470 |
|
u |
4ffO |
|
<l |
470 |
|
u |
471 |
|
u |
41,44 |
|
u |
44,471 |
|
<l |
Bi |
|
tt |
472 |
|
u |
472 |
|
tt |
472 |
|
.tt |
473 |
|
« |
473 |
|
n |
474 |
|
C( |
474 |
|
<( |
474 |
|
it |
251 |
Vol i. 475
** 475 « 476
« 477
268
INSURANCE (cC<7TINU£d).
bisuKAMCB— Genend rnle as to the, of freight
What is usually undertaken by the insurer m a policy on fieignt
May freight in eipectancy be a subject o-*^
JkM to charteier's right to insure freight
May freight be insured for part of a voyage
As to mortgager's right to
Geneial as to, of profits
Rule in France as to profits
As to, of commissions .
Rule of commercial law aa to, of seamen's wages
Does this rule extend to masters of ressels
"What is wager policy '.
Rule of the common law as to wager policies .
As to a sufficient interest to take a policy out of the statute
Rule in the U. States as* to wager policies
Geneial rule of the commercial law as to wager policies
Rule as to the validity of a policy upon smuggling voyages
VALUATIOM.
What is underst4pd by an open policy What is a valued policy
Rule for assessing the value ...
Rule as to fieight and excuses . As to, of profit expected .... As to valuation of goods firom remote countries Rule for estimating the value of goods obtained by barter As to value increased by batter . As to charges on outward voyage Rule as to transhipment of goods Where a return of part of the premium is contemplated . Rule for estimating value of ship Rule for determining the interest in open policies Where goods have risen in value
Rule where return of premium is demanded by leaaon of abort in- terest . . ' • Eftct of valuation in policies
Whero thero are different valuations on the same thinf Rule as to open valuations ....
Whero a part owner pays the, in his own name
BXPSXasilTATlOM AMD CON0XAX.MBNT.
What is understood by Kpresentation as it rolates to a policy of
General rule as to necessary statements
Effect of a representation to the first underwriter
Effect of a misrepresentation'
As to what misrepresentation will avoid the poUey .
How materiality to be determined
Rnle as to concealment ....
As to concealment of papen
|
. VoLi477 |
|
|
u |
477 |
|
u |
477 |
|
IC |
478 |
|
u |
478 |
|
<l |
479 |
|
ct |
479 |
|
% |
479 |
|
"479,484 |
|
|
u |
479 |
|
u |
480 |
|
u |
480 |
|
tt |
480 |
|
u |
480 |
|
« |
480 |
|
u |
481 |
|
u |
481 |
|
. VoL |
i. 482 |
|
tt |
482 |
|
u |
^2 |
|
u |
484 |
|
u |
484 |
|
tt |
484 |
|
w |
485 |
|
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485 |
|
tt |
485 |
|
tt |
485 |
|
CI |
486 |
|
tt |
486 |
|
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486 |
|
•c |
486 |
|
I* |
^7 |
|
tt |
487 |
|
M |
488 |
|
U |
4Q8 |
|
K |
593 |
|
VoL i. 489 |
|
|
C( |
489 |
|
« |
496 |
|
« |
490 |
|
tt |
490 |
|
u |
491 |
|
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499 |
|
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499 |
INSURANCE (JONTIWUKD.) 269
Ihsuaancs — ^As to notice of losses .... As to concealment of the time of sailing . .
Role as to disclosure of public ordinances As to, after notice of loss . •
Rule as to the suppression of letters Rtile as to the concealment of accidents Rule as to concealment of age and tonnage of ship .
WAULAMTT.
How is a warranty in policy of, regarded in law
Of what kinds are warranties
What requisite to constitute a warranty
"What warranties most frequently occur in a policy
What necessary to satisfy a wananty of neutrality .
As to character of neutral property
To what time does the warranty of neutrality relate
As to inserting the name and nation of vessel in policy .
As to the day of sailing
What does a warranty that a ship is of a particular nation import
As to a warranty of safety ....
Warranty to sail on or before a particular day
Distinction between ** to sail" and ** to depart" .
As to a warranty to sail with^convoy
What a sufficient joining of convoy
What is unders^oo4 by the word " convoy"
As to construction of wananty to sail with convoy
Rule as to sailing orders
Why are sailing orders so essential
As to warranty free from seizure
As to the word "port" in a warranty. . t
As to port of discharge ....
As to damage incurred previous to a loss within this description of
. warranty . . ^ . .
Eflisct of deviation under such warranty
IMPLlXn WA&aAMTT.
What warranties are implied in every policy of
As to sear worthiness
Elfibct of a survey and condemnation
As to defect un]mown to the owners
Obligation of owners to keep vessel sea-wmlhy
As to time of the waixanty
By whom is sea-worthiness to be determined .
Rule as to taking a pilot
When a pilot cannot be procured
Role as to ship's documentation .
Implied warranty as to policy on goods ,
As to national character of ship . «
Againtt unlawful restraints
|
Vol |
i. 403 |
|
«4d3,4d5 |
|
|
u |
493 |
|
u |
404 |
|
M |
406 |
|
M |
407 |
|
a ^ |
408 |
|
Vol. |
i. 400 |
|
(1 |
400 |
|
M |
400 |
|
• |
400 |
|
« |
400 |
|
M |
500 |
|
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|
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|
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501 |
|
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501 |
|
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|
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|
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|
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503 |
|
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503 |
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503 |
|
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|
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503 |
|
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|
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|
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509 |
|
. VoL |
L 509 |
|
« |
509 |
|
(4 |
' 506 |
|
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506 |
|
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506 |
|
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|
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|
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507 |
|
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508 |
|
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508 |
|
, II |
508 |
|
cc |
500 |
|
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500 |
270
INSURANCE (continued. )
IsBVXARcit^Where property is warranted free from charge, damage or loss Yol. L 500
As to warranty of American neutral property . ** 510
To what does warranty of neutrality extend . ** 510
Asto warranty of neutrality by of!e of two parties " 510 Effect of foreign admiralty decisions . . YoLi. 512 — 519
OF THE FBRILS WITHIH THE POI*ZCT«
General rule as to perils within the policy . VoL L 519
What are the usual perils enumerated in the policy . ** 530
As to perils of the sea .....** 520
As to sea risks in port , "^ 520
Rule in ascribing the loss to particular peril . . ^ 520
As to cases of collision . " 520
Loss by general average contribution occasioned by collision *' 521, 523
Rule as to lighten and launches ....*' 523
As to damage by worms . . . . " 524
As to loss by land battery . < . ** 524
As to loss by rats . . . ** 524
How are missing vessels presumed to have perished " 525 As to lapse of time when missing vessel will be presumed to have
perished . . . " 525
As to re-appearance of ship alter the underwriters have paid the loss " 525
"When is the loss of a missing vessel presumed to have happened . " 525
As to wages and provisions of crew during detention for repairs ** 525
As to goods so]d to repair damages by storm . " 526 Rule as to losses by fire .... Vol i. 526—528
Loss by enemies . . . . VoL i. 528
Rule as to liability of underwriter for loss by capture . " 528
"When is a loss properly ascribed to capture . *' 529
Rule as to jettisons ....." 529
As to the construction of the words " arrests and restraints^ . ** 529
Distinction between restraint and detention in policy of . ** 530
As to embargo . . ** 530 Rule in England as to claims of a foreigner founded on the acts of his
own government . ' . . . . " 531
Where a ship is taken for public purposes . " 531 Rule as to liability if voyage is broken up merely through fear of
capture . . . ** 532
* As to whether a voyage be rightfully broken up . . ** 533
Rule as to liability for mortality of live animals . . « 533
WHEN THE POLICT ATTACHES AMD TBXXIJIATB8.
As to ambiguity in the description of place » Vol. i. 534
On what does tiie commencement and termination of the risk depend ** 534 As to a policy at and from an island . . . '* 535
DXTIATlOlf.
What is deviation as understood in a policy of Legal effect of a deviation
VoL i. 530 « 586
|
Tol. |
1.596 |
|
tt |
537 |
|
(C |
537 |
|
M |
537 |
|
u |
538 |
|
« |
538 |
|
U |
539 |
|
tt |
539 |
|
« |
540 |
|
VoL |
i.540 |
|
1^ |
540 |
|
M |
541 |
|
U |
542 |
|
M |
542 |
INSURANCE (continued). 271
bisuaAN CB — When may Toluntaiy deviation be j ustifiable
Effect of the wordi **tpuch and stay''
As to the mastei's duty when severel ports of dischaxge are men- tioned in the policy . .
How is liberty to touch, stay and trade to be construed .
£ffect of a letter of marque upon a policy of
Distinction between alteration and deviation . .
Effect of taking on board more or other goods than allowed by the policy . . . .
Where ship after deviating returns ....
Will mere delay amount to a deviation
BARRATRY.
What is barratry as understood in the English law
How is barratry defined in the French law
As to the definition in the courts of the United States
Who may commit barratry ....
Effect of barratry upon a policy of
As to liability upon a policy covering a loss by barratty which
happens and subsequently a loss happens *' 543
TOTAL LOSS.
What is a total loss ..... Vol. i. 543
Rule as to quantum of damages that constitute technical total loss ** 543
To what time does the value of the vessel relate .'.**' 544
ABANDOMMBMT.
What is abandonment in a policy of • . . VoL i. M5 As to a right to abandon ..... ''545,546
Within what time aAer notice of loss must abandonment be made " 545
Abandonment for technical total loss . . . '* 540, 555
Who and when may abandon . . . . *< 546
In case of policy on goods . . . ^ '* 547
Where part only of the insured is damaged . VoL i. 647— ii. 678
As to abandonment by reason of fear . . VoL i. 548^ 573
As to cases of sale by the master . . . VoL i. 543— ii. 601
Sale by vice-adminlty cou|t ... . VoL i. 549
Rule in case of transhipping cargo . . *< 549
Rule as to freight upon the abandonment of the ship . *' 551
What is understood by " stranding" in a policy , . " 561
Whatisunderstoodby the term "innavigability*' . . ** 551
As to policy on ship for the voyage . . . . " 552
Right of the Insured to elect . . « "553
Effect of abandonment legally made . . . ** 553
Requisites to a valid abandonment . . . « 554
Rule as to the right to abandon memorandum articles . . . ^' 554
Rule as to the abandonment of freight . . . *< 555
As to abandonment of ship by owners . . VoL i. 581— ii. 616
Abandonment by insurer to le-insurer * Vol L 5S0
272
INSURANCE (cONTINUBD).
Ihsitbamos— Case of abandonment to insurers • • VoL i. 589
Abandonment of ship to separate insurers . • ** 994
Who cannot be admitted as claimants • . VoL i. 155— ii. 609
Abandonment of interest in sliip by' owners . . VoL L 477
Abandonment of vessel by her crew . By insured in case of embai^ Apprehension of capture no ground of abandonment Capture of a neutral vessel entitles the insured to abandon Capture gives immediate right to abandon As to abandonment in cases of shipwreck .
OBHBBAL AYSSAGB.
What is understood in policy of, by geneiai average
From what causes may a claim of, arise .
What will support the claim
What is understood by a jettison
What necessary to constitute a valid jettison .
Into how many kinds is jettison distinguished
Exceptions to the rule of general contribution for jettison
Rule where jettison having been made the ship continues on her
course and is afterwards wrecked Where goods are put on botrd of lighters As to goods conveyed upon deck and washed overboaid Rifle where damage is done to the ship As to sale of a part of the cargo by the captaiu Where a mast has been carried away in a storm As to loss of sails . •
Rule where boats are cut away Rule as to contribution for seamen's wages Rule for contribution in cases of voluntaiy stranding Rule of contribution for loss by collision As to wages and provisions during detention by embargo In cases of detention by hostile capture "Where some part of a cargo is saved submitting a part to be taken
by hostile cruisers ....
As to expenses of wonnded seamen How is damage occasioned by fire considered Rule as to money which the captain is obliged to raise to enable
him to prosecute the voyage . Who may hypothecate the ship . What will constitute a valid sale on hypothecation As to extra expense for sailing with convoy As to ransom or compromise to prevent plunder As to wages and other expenses to a port of necessity
0,531 532 543 543 403
VoL L 555 « S55 « 559
656 « 556 " 557
557
« 557 " 557
558 " 558 " 559 « 559
559
559 « 560 •* 561
566 " 567 « 568
« 5W
" 568 " 569
« 570 " 570 " 570 '« 571 « 572 ••iu.199
OF THB ADJUSTMSlfT OV OBNBBAI. ATBBAOB.
Rule as to what must contribute to a general &vemge . Tol. i. 573
Rule for the valuation of goods in adjusting " 573
Ruleforestimatingthe value of the ship . . . ** 574
INSURANCE UROKEft — INSUUANCB COMPANI£8. 273
Ihbosaiiob — As to the contribution affreight VoL L ff75
Examplei illustnting the rules of contribution on shipi cargo, and
freight Vo). i. 576-4nr9
Hole as to liability of undprwriters for claims of general average
adjusted in a foreign country Vol. i. 960
SIMFLB Oa PARTICrLAR AVEBAOS, AND PARTIAL JLOSS.
What is understood by the term particular average
By whom is a simple average loss to be borne
Distinction between particular average and partial loss .
Mode ot adjusting particular average
Rule for adjusting partial loss
As to partial loss or particular average on ships
Rule for the adjustment of salvage loss
OF TBS MEXORANOUJC.
What is understood by the memorandum
As to the words *' free from average unless general"
What will amount to a loss of memorandum articles
aS-ASSVRANGE AND DOUBLE ASSURANCE.
■ What is re-assurance ....
What is understood by double assurance
RETURN OP PREttlVMk
bi what cases may the insaied demand a return of premium
ot THE REMJSDt UPON A POLICY.
As to the ordinary remedy un^er a policy What Is the form of the remedy upon a policy . ** S88
Whatis the manner of describing the policy , . * 588
Action on a policy of .... YoL iii 403-^07, 411
By whom may an adion on a ]wlicy be brought . Vol. ii. 424
Is a consignee Who has mode advances justifiable in breaking up
voyage ..... VoL i. 30, 31
0? POLICIES ON LIVES.
What Is understood by an, on a person's life . VoL i. 5S9
WbatWiUamount to an insurable interest in a life . . ** 589
A case of insurance on life . . " iii. *200
Action on a policy of life ..... "413,414
INSURANCE BROKER faiBir^NCE BaoKKft^As to lien ... 7 • ^^^' ■* ^^
INSURANCE COMf ANIES. laairRANOS Companies— As to evidence ta show isage of .. VoL i. 473
Astofbrmofpolicy used by, of Paris . . , " 58a
35
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581 |
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i587 |
274
mSUftSRS — IMTBNTION — INTB&E8T — INTBRLOCOTORT.
INSURERS.
1h8 VEERS — Who mar be .....' VoL i. 469
As to what will dischaiv[e "900
With what peiiU does the, charge himself . ** 519
When goods on board of lighters areata risk ^ SSU Rule as to liability of the, if the voyage is broken up through fear of
capture . . ** 532
Rule as to liability of, for mortality of live animals . "533
When deviation will discharge ** 536, 539
When insured may abandon to "543
When cannot be admitted as claimants . " iL 69
M to notice of assignment to . " iiL 300
INTENTION,
Irtxntion-^How sought after VbLi. 231
Rule as to inteipretation of contracts when, of parties is doubtful *' 230
Ofparties in construction of deeds . " 312
Oftestatorin construction of wills Vol. L 317-4ii. 497
INTERCOURSE. IwTSBcovRSB— As t»4nding, and negotiation with an enemy's country Interruption of all commercial, by war
INTERDICTION
In TK ED I oTi o N— « As to, of commeTce between nations
INTEREST.
Ihtseesi^— In contingencies assignable in equity
As to, of mortgage being subject to sale on execution
How regulated where note drawn in one place and sued in another
As to bank loans ......
As to agreement to pay more than legal
Difference between taking and reserving illegal
Rule for calculating, where a return of premium is demanded .
Rule of, upon legacy .....
Rule of, where legatee is compelled to refund
Rule as to, upon interest .....
Rule as to time of allowing, where no time of payment is specified As to, in case of attachment Tot
Vol. L 253
YoL u. 673
VoL L 63
» 67
••104,131
108
« 244
« 247
« 487
"iLS4,03
02
03
04
iii.r6, 120
INTERLINEATION • liiTBVLiNBATioN — Effect o(; in a bond
INTERLOCUTORY.
Irtsblocvtoet— As \q appeal from an, decree
As to an, judgment .... Lu pendtHM not applieable to an, proceeding As to directions in an, decree relative to the sale of land As to newly discovered evidence after an, decree
VoL H49— 111.258
. VoL i. »3
VoLii.46,106
. VoL it 132
* 804
235
INTfCRNATlONAL— INTERPRETATION— INTBRROOATOftlBt. 375
f
INTERNATIONAL.
Ims&BAiioNAL— As to, justice ..... Vol iL 10
ABto,law "65
Vfhax ih Ale rule of; laTV sa to the rights of a nation in navigable river *' 550
INTERPkETATION.
hTBapaaTATK^A— As to the, of personal contracts . Vol. i. 340
Rule of, 01 cc'iaracts where the intention of the parties is doubtful ^ 230
Can mere intention prevail against a settled rule of . . " 317
As to, of the acts of congress *^ li. 33
'Wherefactswidnotadmit of a different . . *^ 281
Rules in the civil law for the, of obligations " 284
As to, in doubtful cases ... . ** 285
As to, of instruments of surety . ** 700
INTERPRETER. iMTBBPBSTfia-^-Rule as to an, between an attorney and client . Vol. i. 353
INTERROGATORIES. Irtsbrooatoeibs — As to answers to . . .
When defendant Vrill be examined upon Answers to, in admiralty .... As to reply of insured to . . .
Astoanswer of; by trustee ....
INTERRUPTION. 'faiTBBBumoN— As to natural, of prescription
As to legal ...
As to, of the prescription on the part of the surety
INTESTATE. Ibtbstate — As to the actual domicil of, governing the distribution of personal property ....
As to liability of administrator for the loss of property of
Effect of the taking of goods of an, by a stranger
Administration of the personal estate of an
May an in&nt in vetUn ta mirt have a distributive share of, pro- perty .....
Every testator is presumed not to intend to die, as to any part of his estate .....
As to the cause of action where money was paid on the promise ofthe ......
As to a person who has been security for
As to the death of a partner
Death of one of the next of kin of the
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« 4m
« it 100
« 128 *« 169 « 322 « ui. 156
THien administrator is chargeable with interest on estate of . "203
INTOXICATION fanoxxoATioM— Effect of, upon contracts Vol. i. 204, 333
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376 * IN TRANSITU — INTRUSION INVENTIONS — INVOICE ISSUE.
Iktoxioatioh— "Wlieii disqualifies for making a will
Is frequent, a sufficient excuse for granting a divorce Can any person make a will while depriy^ of reason by
IN TRANSITU. In TBANSXTU — As to property subject to seizure As to apprehension of capture or other peril As to goods of partner stopped, by his vendor . As to sale of a ship .... What is the nature of stoppage
INTRUSION. biTRUsioit — A mere intruder cannot protect his, under an outstanding
title in a stranger ..... Vol. x. 338 When there may be an ouster by " 339
INVENTIONS. iHTBnTioif 8 — As to act of congress granting exclusive right to Patents for, granted by government
When an, is use4 by the public with the consent of inventor . 'As to a patent taken out for several As to a witness to disprove the right of patentee to . Invention must be lawful .... • When, must be put into practice
INVENTORY. InvsRTOEY — As to, of assets and effects
INVESTIGATION.
IirvBSTiOATion— Jurisdiction of chancery in the, of fraud
As to, relative to an infant ....
INVESTITURE. Irvbstiturb — As to special of funds
INVOICE. Irvoicb — As to entry pursuant to .
When assured is at liberty to make, according to the cumnt price As to, price at loading port ....
INVOLUNTARY. mvoLUTiTABT — As to killing in consequence of an unlawful act What will make, manslaughter amount to murder
ISSUE.
I Imub— What is an ....
As to evidence sufficient to warrant finding the ftct u When testimony must be pertinent to the . Rule as to confining testimony to the'points in
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JAIU
277
Ii»vi— "What must be pporad under the, of notieie/adiMai . VoL L 361
What is put in, by the plea of not guil^ . « 363
As to evidence under the general • . '^ 370
When defendant may require proof of corporation under the gene- ral * .. . . . . . « 371
Evidence when the general character is put in . . " 374^375
Whatifclerkrefuse to, execution .... "381,382
Asto, of process by circuit court . ** ii. 11
As to, of execution under an erroneous judgment "19
When a judgment may be given in evidence under the general Vol. ii. 20— iii. 416 As to arrest of judgment for a fault in the . , Vol. ii. 96
When, may be taken upon the fact . . " 27
As to, of writs of mandamus . Vol. ii. 44, 137, 139, 140
In what cases may supreme court, certiorari The, of fiW tie/ mrorti is an, of fact When may a tales de circunutaniibus ....
As to proof undisr the general
As to, of writ of ftf exeat .....
Where an, is directed out of chancery to be tried at law As to defence under the general As to pleading the general What is put in, by the plea of non ett factum As to, on turn assumpsit infra sex annos When may the general, be pleaded in assumpsit As^to repleader when &cts put in, are irrelevant to the medts of the case ......
As to what defendant may put in, under actions of tort As to assessment of damages where plaintiff takes, on plea in abate- ment ......
As to, of attachment against absent debtor
Against what property attachment may
As to, of attachment
As to, by one of two defendants
As to evidence material to the .
JAIL. j^j^^Pefendant in a writ of ne exeat proceeded against and committed to, for not complying with final decree of court
In action against jailer for escape of prisoner it is not sufficient an- swer that, was out of order , ♦ . .
As to wages of seamen if detained in, in home port for voluntary absence ... • • •
As to the liability of estates of debtors imprisoned in county, for criminal offences . . . • •
As to the authority of circuit court to issue a habeas corpus when principal is confined in . . • •
As to surrender of bail when principal is confined in
As to bail where defendant is committed to, on a chaifs of forgery ......
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\ol.u. 264
581
"iii 82
"283,284 " 284
'' 284
378 , JAILSB — JAIL LIMITS ^JEOFAILS — JEOPARDY — JET1IS0N.
JAILER. jAtLSE-^Of what, is guilty if knowing *a prisoner to be alfeeted hj an epidemic distemper he confines another against his will in saine room ..... YoL i. 4S9
liability of, if prisoner escapes out of execution . Vol. ii. 980, 561
JAIL LIMITS. Jail Limits — An escape from, is a breach of the bond YoLiii. 204
Effect of a return to, before action ... ** 204
Where, are by law co-extensive with a county and a new one is made in part of the old one what are the privileges of the debtor . ..." 204
JEOFAILS. JzoFAiLS — General rule as to allowing repleader when the fhult of the
issue might be helped by tlie statute of Yol. fii 540
Irregular return of attachment helped by the statute of . ^ iii. 91
JEOPARDY. JzopABDT — If the papers be denied to belligerent and the property is
thereby thrown into, it constitutes a breach of warranty Yol. L SlU
As to putting persons twice in, for the same offence . * " ii. 31
JETTISON.
JsTTisoN^What is understood by . . YoL i. 556
What necessary to constitute a valid . . ** 556 Into how many kinds is, distinguished ..." 557
What exceptions there are to the rule of general contribution for ^ 557 Rule where, having been made the ship continues her course and is
afterwards wrecked . . . . . ^ 557 When loss of goods on board of lighters is considered as ** 557,556 What the rule as to loss by, being within the policy . '* SOU Rule in case of policy on live animals warranted free from mor- tality and . . ^ . "553 Will support a claim for general average . . <* 555 When ship must contribute to . *< 564 Rule-for the valuation of goods in adjusting general average loss if,
has taken place . . . . ** 573
Ammunition and provisions are exempt from contributing towards *^ 574
The freight pending at the time of, contributes to the average ** 575,576
As to the master being alone authorized to make ** ii. 603 As to the duty of master to draw up an account of, and verify it by
his oath and that of some of the crew . " 603 As to the master being justified by the advice of a majority of his
crew, with regard to the necessity for . . ^ 625 Rule forthepaymentoffreightin case of ..." 674
JOINDER JoiMDK*— As to, of husband ana wife in actions relating to land YoL L 492
Joi«9B»-*DemimeT ahd; to plea oTntf iiftif * PetBaner aad^ to plea ol mm daumffiuihit
Of piineipa] and aceeteory • .
JOINT CONTJ^CTORB:
JoiiiT GoMTKAOToa»-*-AB tonon-joindetof
JOINT TENANTS.
liHiiT TaMARTS — In what unities do co-parcenen resemble In what points do parcenexa difier £rom As to death of one of two .... Where partners standi . .
JOINTURE. Join TURK — Power to appoint estate as a, to his wife As to power enabling the husband to, a future wife As to powers of .....
As to severance of, between joint tenants
JOURNALS. Jdunn ALs — Rule as ta the admisaion of the, of the house as evidence
JUDGE.
Jtfnox — ^As to settlement of alimony by the ecclesiastical As to interrogation of parties under the direction of the If a, execute his own judgment As to a, acting without lawful commission As to writ of capiat awarded by a . As to certificate of, in proof of records ... Power of, to giant vmts of Ao&Ms eo^Titw As to m&ndanati to the, of probates on his refusal to gnntan What if a, misdirect the jury
Aifestofaparty by orderof ...
Aif to an omission of the, in pronouncing sentence Juiisdic on o( to admit to bail . * 283
JUDGMENT. JunaMaNT- What is a . VoL ii. 9
OF VOBAICin JXnXllESlfVS.
££fect of, ifi rem ..... TdL'iL 9
Effect of^MtjMrsonofii • ** 10
Distinction taken in English court . ** 10
Rule in the United States . <* 10
Rule ofthe French law in regard to . *^ 11
Aa to the proper mode of enforcing . . " 11
Exception to such an action . . * 11
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lUDCOCKWT (OONTIKDSD.) OF JVPOMBIIT0 IN TBB TSOSBJLL OOtSBtS.
Rules goveming the execution of, and jndletal pioeeee £ifectofftate law upon, of the federal courts .
OF JUneMSNTS IS SISTSa ST^TBS.
Effect given in courts of one state to a, rendered i< another
Necessary form to give effect ....
As to act of congress in reference to the federal courts
Rule as to justices of the peace under the above provision of con- gress ......
As to, in penal actions obtained in other states
As to, of sister states in criminal cases
As to relief in equity on a hill quia timet against a, of a sijlar state ......
What ciedit is given to a, rendered in a sister state .
OF DOMKSTIC, AND TUBIB BFFBOTS.
fifiect of, as regards the matter in dispute
Rule as to the conclusiveness of a, in an action of ejectment .
Effect off upon third parties ....
Effectof a, against a co-trespasser
Rule where a, constitutes part of a title' sought to be set up Effect of a, in trespass or trover upon the property in dispute Where an erroneous, is called in question in a court of concurrent jurisdiction ......
Rule as to pleading
As to the conclusiveness of, in criminal cases .
Eifect of an award by arbitrators ...
IiIBH OBBATBD BT JUOGMBIfT.
As to when a lien by, commences upon property
EflSsct of a, upon an estate for years ....
Eflbct of, upon after purchased lands
Revival of, by tcin facioM .....
Effect of stay of execution as regards the lien ** 23
Ellbct of a, upon the rights of a garnishee . " 83
What right is conferred by general lien by ** 111
OF BBLIEF IN EQUITY.
Rule as to relief in equity against a, at law What necessary to entitle to relief in equity ii the interest >f a mortgage vendable under execution
▲ BBKST OF JUDGMBNT.
iavariable rule in regud to the anest of
Effect of arresting a
A» to arrest o( for a iault in the issue
Rule where one of the counts in the declantion is bad
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JUDGMENT (continued).
/ WHEN A JVDOMkHT WILL OPBEATB AS BAS»
Geoeral rule as to whec a, will bar a subsequent ftcUon .
OP DISCHARGS OF JUDOMBHT5.
Wbat will amount to a dischaige of a ^
Rule as to sheriff ^s right to sell for fees after satisfiustioiL
As to, against one of two makers of a note
b the whole of a joint note merged in a, against one
As to money levied by sheriff upon a, afterwards rsverMd
As to amendments after
As to appellate jurisdiction to revise and correct
When a, may be assigned in equity
As to, for interest on a note . . * .
As to proceedings and, of chancery
As to appeal from decree of^ by one of several . .
Effect of a, against vender on a contract of sale
Judicial, upon a quo warranto against a corporation
As tp, on a general demurrer
When, is evidence of right of entry
Howare, of a sister state authenticated '
Effect of a, of a court of concurrent jurisdiction
As to jurisdiction of supreme court of U. States over, of the state courts
What is understood by final, and decree
Rule as to the nature of the, necessary to sustain a writ of error
Supreme court does not execute its own
E^ct of a, of eviction against a tenant
As to lien of attorney upon a .
Effect of a docketed, upon an unregistered mortgage
When a, closes all inquiry ....
When a, will not be reversed
When it is^proper to move in arrest of .
As to a, taken by one of two joint creditors
Rule as 'to the form of an execution upon a, against partners .
When, confessed are declared void
As to declaring on a justice's, of a sister state
As to plea to an action founded on a, of another state
As to authority of attorney to enter up
Rule as to the, on an information of quo warranto
As to, of repleader .....
Distinction between a repleader and a, non obstante veredicto
When defendant is not entitled to, pro retomo hab.
General rule as to, in replevin
As to replication that, was obtained |Mr>VaM<2em
SdgreffuiM lies to obtain execution of a
As to scire facias to revive a . . ^
Rale as to setting off . . ,
When a, for costs only will be setoff
When a, for slander would be set aside
What if defendant die after verdict and bdbre 36
dSl
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421 |
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tt |
432 |
|
« |
443 |
|
tf |
472 |
|
tt |
478 |
|
tt |
512 |
|
tt |
517 |
|
tt • |
540 |
|
tt |
541 |
|
tt |
545 |
|
u |
548 |
|
tt |
549 |
|
a |
560 |
|
K |
562 |
|
« |
569 |
|
« |
570 |
|
« |
690 |
|
« ] |
ii. 14 |
284 jLRWDrciioN (continitbd).
JuusoiCTioM — Of courts of equity to administer the fund VoL iL 167
No tribunal of co-ordinate, can examine the sentence of another
competent court proceeding in rem . . *• It
Foreign judgments in rem, with respect to personal property, con- clusive in cases where court had . . * 11 The local laws of a state can never confer, on courts of the United
States . , . . . ** 13
What necessary to give, of the person to the court .' . "15
The judgment of a justice of the peace is entitled to full fiuth in an* , other state if it be proved that the subject matter was within his . . . . . " 15
A matter of controversy settled by a court having, is conclusive un- til reversed on error . . ** 18 Bale where an erroneous judgment is called in question in a court
of concurrent , .. . '* 19, 30
As to inquiring into the correctness of judgment rendered in another
state by a court of competent . . * . . ** 23
A decree in chancery is equally conclusive as a judgment at law and in cases of concurrent, the court first having it must de- termine it . . . ** 34 Judgment of a court of concurrent directly upon the point, is as a
pleainbar in another court .' ** 27
Rule as to, of federal courts in cases of libel . "107
Of courts of equity to correct mistakes in a will ** 255
Of courts of equity to grant new trial at law . . " 275
Of courts of chancery to control the right of the fiither to the per- son of- his child . . . " 2S9 What the ground of equity, in cases of partition . Vol. ii^ 294 — ^296 What is essential in a plea to . . . VoL ii. 473 How a party bound to appear at a court of criminal, may forfeit his
recognizance . . . . " 522
General, of courts of equity to grant relief in cases of set-oflT . '* 567
When courts of chancery will exercise equitable, in cases where the
admiralty cannot . . , ^, "^ 590
The sentence of a foreign marine court in a case of collision with- in its, is conclusive .....
To what, of courts of equity, in regard to trusts is not confined What is sufficient to state in a plea,in abatement to a bill for fore- closure for want of . When a plea to, of a court in a transitory action is proper The proceedings of any tril^janal not having, of the subject matter are void ......
Courts of inferior jurisdiction must act within the scope of their Censent of parties cannot confer, in a matter which is excluded bylaw When party having privilege which exempts him from, may waive it The right of objection to the, of a conrt exists through every stage
of the proceeding . .
Jn what cases exclusive, is vested in courts of the TThited States . When plea to, of court is not available
|
u |
684 |
|
u |
714 |
|
«iu. |
9,10 |
|
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10 |
|
M |
10 |
|
U |
10 |
|
u |
10 |
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u |
10 |
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a |
11 |
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a |
39 |
|
•c |
113 |
JURISDICTION (continued^.
285
Ju utBXCTiON— A> to forei^ corporations suing in another • Vol. iii. 265
On what giounls courts of chancery take, to give relief in cases of
lost or destroyed bonds . . '* 12^
Rule when drawee or maker removes into another, after execution
of the instrument / . *' 132
Equity will not entertain, of a matter which party has had an oppor- tunity of litigating in another court • . ** 145
How statute of limitations applies in cases of concurrent, in courts
of law and of equity . . . ** 214
When courts of chanceiy may by virtue of their equity, decree mar- riage ceremony null and void . "215,3<K^
A direct final judgment or decree of a court of competent, is for ever
conclusive and binding ....'* 237
When court of admiralty has, over the thing itself it is wholly '
unimportant to whom it belongs . . . " 299
As to the ptivileges of bail to take principal out of, in which they
became bail .....*' 276
Of supreme court of the United States to bail persons committed •
on trial on a criminal charge ..." 283
Of courts of equity in cunes o£ donatio cauta mortu *^ 39t
Of court of chancery to t.npoint guardian . • '* 388,389
Of courts of admiralty pver such liens as arise £rom work and labor
connected with maritime affairs . . " 428
The temtmMf of a voyage determines its character if it be within the
limits of foreign . ** 484
ADMiaALTT.
As to the admission of new evidence in cases of
What are cases of maritime and
Over national armed vessels
In salvage cases
Of personal torts
When seizure considered cause of
Of proceedings mrem .
When consent may give
Extent of maritime and
In cases of libel of ship
As to the admissibility of depositions in cases of
As to information for forfeiture in cases of
VoLl 12 « 12 « u.» •59,681 « 59
« 60 VoL 111,155 " ii. 59 « 57
»* i. 12 •* 366 . - 12
or THE ADHI&ALTY OOURTIL
To enforce a bottomry bond .... As prize courts to what extends .... Over a national armed vessel belonging to a foreign state When, may be given by consent ....
Over liens arising from work and labor connected with maritime
affiun .
When, estmids over the thing itself it is wholly unimportant to
whom it belongs
Vol. i. 155 ** ii. 58 « 59
*» 59
*" iii. 498
** 25B
288 JURISPKUDEN E.
JuBisMOTioif — To ^hat coune the practice in supreme coart coDformt VoL ii. 31
Rule as to authority of supreme court to declare state laws void " 31
How process may he served upon a state '* 31
^ How a state may appear "31
Upon what the appellate depends . .'* 31,33
Rule as to the appellate, in criminal matters . *"* 33 What is provided in regard to the appellate, over judgments of state
courts . « 33—38
As to the different modes the appellate, may he exercisM " 3y Rule as to the nature of the judgment necessary to sustain a writ of
error . « 39.40 Role as to matters within the discretion of the court helow . '^ 40, 41 Rule as to the value of matter in dispute "41,43 Rule as to the effect of consolidation of demands to give ** 42 Diflference between writ of error and an appeal . r ** 43, 43 In w}ai,t cases, may he exercised by the writ of kabeoi corjnu . " 43, 44 Rule as to the authority of supreme court to issue the writ of man- damus . *' 44 Rule as to the criminal " 44, 4^ In what cases supreme court may issue a certiorari . ** 45- To hail persons committed for trial on a criminal charge " iii. 2S3>
OF THB 8TATB COURTS.
General rule as to the concurrent, in civil . VoL IL 61, 63
Bale as to the concurrent in criminal and penal matters ** 69
Rule as to^ the power of state courts to grant writs of habeaa corpm ** 69 Rule as to the obligation of state courts to entertain jurisdiction of
^ matters cognizable under laws of the United States . *' 6i Rule as to the effect of the sentence in cases of concurrent jurisdic>
tion . . "63,63
JURISPRUDENCE.
JvBisvEUPSHCs — As to states governed by the. of the common law Vol. i. 160
Municipal, of the United Sutes . " 33^
Jurisdiction of equity in case of rights recognized by the municipal ** 343-
Aj to what has been adopted as the basis of our . ** ^ 41(V Exception in the, of some of the states as to the force and effects of
foreign sentences . . . . *^ 516> Rule as to freight upon the abandonment of ship settled in the, of
New York and Massachusetts . . ** 551
Rule as to abandonment settled in American . ** 553
As to principles transcribed into the constitution and, of every state '^ ii 31
As to the forms of marriage under the Roman . . ** 142 Rule as to what will constitute an equitable mortgage in the Eng*-
lish and American . . . . *^ 178
As to the principle of equity engrafted in general . ** 214
Rule in thie modem, of continental Europe ** 238
What in equity, is understood by the word " mistake*' ^ • 241
As to a principle of law incorporated in the, of this country * 345
IVIIOKS — JVBY JUS AD UEM — d\JS ACCRJ-IBCfiNBI.
389
JvmisvmvDBircs — Definition of a tnittin English . Vol. iL 709
At to the light of compensation under the English system of " 974
Doctrines assumed to he hinding as part of the settled, of the land ** 726
Asto the code of criminal, of the state **iii. 340
JURORS JvmoBa — As t» what the captions of indictments shoald state relative to Vol. i. 442, 4^ Am to, taJutU circmntttuUibu$
Grounds of challenge to . . ,
Rule as to the, having formed a |. rmous opinion
Role as to, giving testimony
Role as to receiving the testimony of, as to misconduct .
JURY. Ivmr^ What is understood by ** common,*' in the English books When may a taU» tU drcunutantUmi issue What is meant by ** challenge to the array^ What sufficient to support a challenge to the array . Aa to sufficient ground for challenge to the polls Rule as to juror having formed a previous opinion Rule as to jurors giving testimony Rule as to receiving the testimony of jurors to prove their miscon- duct ..... When the same, who found the issue should assess the damages For what will a challenge to the array be allowed Instruction of the court to the .... When, are judges of the law as well as the fact When a party waives his objection to . The judge not bound to tell the, whether the matter is a libel or not Chaigeofihejudge tothe .... As to what the, are the exclusive judges of When the legislature may order damages assessed by a . When, are inegularly sworn ... As to new trial when, could not agree . Yd. iM. As to assessment ofdamage by the same .
JUS AD REM.
Jv% AD axM — As to, of vendee before delivery
When purchaser of mortgage has neither jiw m rt nor
JUS ACCRE8CENDI Jot AOOBSSomDi— *As to the, among partners in trade
JUS DISPONENDL Jva DisvoHBN ni — When (he, of the solvent partner cannot bo affiseled by the bankruptcy of co-paxtnexs
JUS GENTIUM.
Jv amfivM— As to the, upon the subject of marriage 37
Vol.ii. 03
63,64
64
64
64
Vol.ii.
I?
63 6S 63
63 63 64 64
** 64
" iii. 24
♦* 138
199
•* 205
" 205
211
310
310
" 329
•• 423
423, 424, 425
Vol. iii. 469
Yol. i. 224 " ii.176
Vol. ii. 318
Vol u. 430
Vol. «. 140
990 JiniTICB — JU9TVIABIA — ^nrSTinCATION— -JTOTIPT
JUS IN RE.
Jus IN EE — As to when vendee has .... VoL i. 2224
JUSTICE.
JirsTioB — Rule as to, of the peace under tbe provisions of congress Vol. ii 15 As to a judgment before a, of the peace upon a j\|idgineiit before
another . • . " 27
When a, will be held a trespasser . ** 28
As to a citation signed by a^ of the supreme court . . ^ 8)
As to libel for reflecting on a, of the peace . ** 106 In declaring on a, judgment of a sister state what must be pleaded '* 472
As to indictment for peijury befoi^ a . . ^' 486
As to an appeal from the judgment of a, of the peace " iii. 07
What the appropaate evidence of a judgment rendered before a, of
the peace • " 148
Commitment for felony by a, of the peace • " 231
JUSTIFIABLE. -"^
JtrsTiriABLK-^As to homici^o . . . « Vol. i 4^
In what three cases is homicide . . ** 426
In what does excusable differ from, homicide ^ ** 427
When do the Roman and Jewish laws, homicide " 44l As to a legal and, cause of seizure ..." 511
As to exemption of underwriters from the risk of, seixtif 9 " 51 ^
As to, cause of condemnation ... ^517
Liability of underwriters for detention whether, or not '* 520
JUSTIFICATION.
Justification — Rule as to the, for publishing a libel YoL ii. 104
What a sufficient, for a capturo -> . . ** i. 336
As to killing a human being without, or excuse ** 427
As to an assault which will furnish, for killing . ** 436
What necessary to aver in a plea of, by an officer ** ii. 471
As to sufficient, in a plea in bar . . . ** 473
Distinction between, and avowry ** 547
When defondaat must plead denwo after . *^ iii 272
As to, of bail ..... "273,274
JUSTIFY.
SwnvY — As to evidence which would, condemnation Yol i. 13
When necessity will, the master in raising money on bottomry - " 152
As to confessions sufficient to, divorce " 325
To, a seizure there must be probable cause " 396
What circumstances will, the presumption of a deed *' 361
As to when an officer may, killing one who leskts " 420
As to when an officer cannot, breaking a door *< 440
When bail an bound to . "274,275
KEKPBltS — WILUHQ LACHES — LANDLORD AND TENANT. {^1
EEEPE&S.
KuPBBS — As to JHctification of; for homicide V^ L 430
What wi^ held to be a murder by . . . ** 431
KIDNAPPING.
KiSBAPPiNG— Whatia ...... Vol.iii.420
ABtoponislimentfor . '* 42.*^
KILLING.
Kiluho^-Ab to the crime of, a human creature Vol. i. 426
What, is felonious homicide . . . *< 427
Will an assault justify, the assailant . . ** 428
As to wilful, through malice . . . . ^ 42d
What is necessary in, to make it murder . ^ . " 433,438
When may, be murder although no, was intended . ** 434
What crime is, in a duel held to be . VoL i. 434 — iii. 357
Aj to a peace oflicer, others in supposed execution of duty . Vol. i. 436
• As to, by poison . , *• 437
As to a woman, one who attempts to ravish her . ** 44l>
' As to the crime of exposing and, in&nt in the age of Tacitus "^ ii. 288
As to, bailiff or other officer "* 562
Assault with intent to . . ** iii 120
Conviction where the, was with a different instrument than the one
laid in the indictment . « 195
Declaration in artiado morti$ as evidence on a trial lor *^ 144
LACHES.
La chbs — Liability of drawelr of bill discharged by, of holder Vol. i. 1 12 Knowledge of the fact of the laches of holder is essential to charge
endorser upon his promise . ** 128 Flrty to note having knowledge of the laches of holder, may waive
notice by qu8Ji£ed promise . ** 135 Party to a covenant will not be permitted to come into court and
take advantage oif his own . '* - 285
'Equity may be extinguished by . '* 361 Claim of the U. States upon an official bond is not released by, of
the officer to whom it is entrusted . . . ** ii. 704 In making defence is not a ground for appealing to another jurisdic-
tion . * iii. 146 Courts of equity refusing to interiere where there has been gross
laches . " 213
And neglect are always discountenanced . . . *< 214
Endorseis of a check may be discharged by, of holder • " 1^
LANDLORD AND TENANT. LAWDLoao AND TsicANT — Relation of, how dissolved . VoL i. 341 Rule as to landlord levying distress in person or by agent *< 322 Ejectment cannot be supported by landlord against his own les- see during the term demised . . ** 336
tm
LAlfDLCntD AND tENANT (cONTTWTTBi)).
liAXDLOED 4 ND Tbn AH T^Effect of dlsckiiiner by landlord
Right of laodlord to be made defendant m actions of ejectment
Efi^t of disclaimer on the part of the tenant
In what three unities do coparceners resemble joint-tenants
In what points do parceners differ from joint-tenants
Tenant in common may maintain ejectment against co-tenant
Persons may be tenants by curtesy of wife's tmst estate
As to right of tenant in common to cause insurance on property on
board for his co-tenant Tenant at will or tenant at sufferance cannot make tease Rule as to tenant's right to assign his lease Role as to tenant's right to dispute title of his landlord Effect of a judgment of eviction against tenant . Tenant refusing to quit premises will not be condemned to pay more
than the rent agreed upon 'What landlord may demand in case tenant abandons premises on
lease for years ....
Nature of lien of landlord ....
Who will take where a bequest is to children, at death of tenant for life Rule where legacies are given to three or move persons as tenants
in common ..... Rule as to adverse possession between Statute is a bar to a demand by one tenant in common against an-
other .....
A mortgagee is not accountable for rent due from his tenant who
absconds ..... A mortgager is a tenant at will tub tnodo As to tenant's right of redemption
Tenants in common may join in actions to recover damages Part owners of ships considered as tenants in common Joint tenancy created by holding lands for partnership puipoaes Partners stand in the relation of joint tenants towards each other Tenant holding lands by fealty .... Who rent goes to if landlord dies before rent becomes due Rule as to liability of tenant for rent where premises are fortuitously
destroyed ..... Rule of the Roman law as to the liability ot tenant . Rights of landlord where goods of tenant are taken in execution As to landlord's right to distrain and sell How lease between, is to.be construed liability of tqpant who agrees expressly to pay rent, if premises are
destroyed by fire .... 0 How tenant by curtesy may create a forfeiture of his estate What is tenancy by curtesy .... General rule of law as to what will enable the husband to claim
tenancy by curtesy .... As to rights of tenant for life to dig up and use soil or wood Injunction granted to landlord to restrain tenant How tsnancy at will is detemuned
|
Vo |
Li341 |
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371 |
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271 |
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8S7 |
|
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4M |
|
IC |
460 |
|
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tt. 60 |
|
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60 |
|
u |
70,71 |
|
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71 |
« 72
u 73
« . 72, 78
90
117
« 117
** 186
** 207
« 210
" 280
304
** 305
318
S32
« 533
« 534 ** iii.S35 « ii.638 '! 539 '' iii. 205
305 336 336
*« 429
* 483
« 483
- 483
LAND OFFICE — LANDS.
d93
LAND OFFICE. Labd OtFicB — Receipt of receiver general for the price of lands, pxored to be in hand-writing of his son who occasionally signed his Other's name is evidence
LANDS. l4Aiii>s-*Contractsforsaleof ....
An attorney who has authority to convey, must do it in name of
principal ..... As to complainant's right to discontinue as to part of^ claimed by
his bill ..... As to conveyance of, by wife to her husband Equitable interest in, or a title to, is a good consideration for a promise As to parol agreement for the sale of, merging in the deed subse- quently given . . . As to allowance being made for excess or deficiency where lands
are sold in gross .... Contracts to sell the improvements made on, are not within the sta- tute of frauds . . ' . As to recovering back money paid on parol contract for the sale of When vendee may repudiate contract for the sale of When compensation ibr deficiency in sale of, on general warranty is to be made out .... • Corporations aggregate cannot be seized of, as trustees What necessary to make govenants run with Deed of, to be afterwards designated is valid
As to conveying the fee by lease of, as long as grass grows and wa- ter runs ... As iofemme covert passing her Interest in, which she owns in fee by
deed ...
Listed by the commissioners to the wrong person Deeds and cqnveyances of, are required to be recorded Rule in the description of, conveyed respecting known and fixed
monuments
Possession of part by one entitled to a tract of, considered posses- sion of the whole .... Relief in court of equity for deficiency where lands are sold in gross What the measure of damages in case of deficiency in, sold What only does a devise of, without words " of inheritance," convey A devise of wild uncultivated, carries fee without words ** of inherit- ance" ..... Words which convey an estate tail in, vest an absolute property in
chattels ..... What, wife is entitled to if husband dies in her life-time Right of the widow to dower in, will be preferred to that of credit- on of the husband .... Ab to widow*s right to dower in, which were wild when aliened
by the husband . , .
To what share of the value is the dower the widow is entitled to in, alienee! by husband during marriage
▼ol.in.49d
Vol i. 236
" 27
« 120 211 221
"231,232
232
« 244 « 260 « 262
«* ♦ 269
« 278
« 284
296
•* 296
« 298 « 300 « 302
30d
311 « 313 « 313 " 316
*« 317
« 319 « 327
* 329
« 330-
" 380
d94
1.ANDS (continued V
Lamds — To what party seisin is confined who en ten into, without title Deed may be presumed after twenty years* possession of Patent or grant of, may be presumed after length of possession Testator directing a sale of, for which he holds a bond for convey- ance is a determination of his election Deceit in grants and conveyances of . . .
Right in equity cannot be passed by parol in redeeming mortgage A grant of all, and tenements of the grantor in such a county or
state is void ..... As to the right of wife to convey, to her husband What right in, of wife the husband acquires by marriage Husband suing in his own name for injuries to the profits of, during
the continuance of his life estate As to wife devising, to her husband by will At what age a female may dispose of Devise of, to an infant in ventre ea mire is good Injunction to restrain sale of . . .
As to authority of circuit court to decree sale of Effect of a judgment upon, after purchased Supplemental bill in equity praying a discovery of title and sur- render of ..... Rule for removal from state courts by parties claiming title to, under
grants from different states Conveyance of, by lease . •
Rule as to the obligations of one who enters upon, without consent
of the owner ..... As to selling, specifically devised for the purpose of paying specific
legacies ..... Legacies charged upon, stand upon the same footing as the lands Action to recover a legacy on . Devised charged with the payment of a legacy . Right conferred by general Uen .... Not susceptible of alienation cannot be acquired by prescription Deed of marriage settlement conveying all Nature of a mortgage upon ....
Rule in equity as to Uen of vender on Rule as to the right of mortgagee to take possession of Rule as to the rights of mortgagee while in possession of Mortgaged while there is an execution against mortgager is still
subject to the levy Mortgage recorded in one county for land in another is not valid Bill of foreclosure need not be brought in the county where, lie How mortgager in possession before foreclosure is regarded The mortgager has an estate in lands in the nature of a trust estate Who may redeem mortgaged .... Rule as to the right of widow to dower where husband dies seized of an equity of redemption only having mortgaged the, before marnage .... *
An assignment of a debt by deed will draw the land after it
|
Vol |
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t( |
39T |
|
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3W |
|
t( |
385 |
|
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3OT |
|
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403 |
|
u |
41$ |
|
u |
451 |
|
u |
451 |
|
tt |
451 |
|
« |
453 |
|
t( |
461 |
|
a |
462 |
|
tt |
464 |
|
tt |
iL 19 |
42
« 69
« 71
86
91 " 97
« 98
« 111
130 " 160 " 174 "180,181 « 184
185
188
190
"" 202
« 208
208
« 210
81i 21
LAN PS (cONTIIf .nEO).
295
Lasdb— The ibrgSvenees of the debt will draw the lands after it
Bond executed by wife to huabamt to convey all her, to him in fee
Rule where, are held for partnership puiposes
Distinctions between a devise of, to executors to sell and a devise
that executors shall sell ....
3fay be devised without the aid of the statute of uses When power by will to executors to sell, at a particular time may
be executed .....
Power to sell, cannot be established by parol Power of attorney to sell . . . ^ .
Alienated on a perpetual rent payable quarterly Replevin will not lie for a tract of land Rule of law as to the rights of riparian owners of General rule for construing grants of^ bounded on rivers . Rule in the description of, conveyed respecting known and fixed
monuments .....
How, must be bounded where there are no monuments . A conveyance by metes and bounds will carry all, included . Rule as to alluvians ..... Rule as to the right of riparian owners of, to the use of streams for
fishing . .
Rule as to the right of riparian owners to the use of streams for the
.purpose of working mills - . '.
Rule as to the right of rij^ian owners to divert watercourses ScirtfaeUu need not set forth what, have been acquired by defendant
since the date of judgment .... Trustee purchasing, with trust money taking conveyance in his
own name ......
Money devised to be laid out in the purchase of Maybe devised by will in all the United States A married woman is considered incapable of making a valid
will of .....
Will of, made by an idiot is declared void Who are incapable of making a will of . Purchased aAer the execution of the will do not pass by it How a valid agreement or covenant to convey, will operate in
equity as a revocation of previous devise . •
Mortgagee releasing his right in the mortgaged premises do«>8 not
destroy his lien upon, acquired by attachment A surplus in the hands q{ late sheriff arising from sale of, may be
attached Ab to authority of plaintiff^s attorney to purchase, sold under exieeu-
tion for benefit of client . « .
Conveyance of, must be such as to afford the means of locating it As to passing title by decrees for the conveyance of To whom descend on the death of ancestor What an executor should be charged with 'in an account against
him for the rent of . Mortgagee's right of entry upon, after condition broken
|
Vol. |
ii. 236 |
|
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246 |
|
If |
305 |
|
"491,493 |
|
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492 |
|
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496 |
|
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496 |
|
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512 |
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533 |
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543 |
|
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552 |
|
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553 |
|
"663. 55i |
|
|
C( |
554 |
|
t( |
555 |
|
C( |
556 |
557
" 558 *558,559
" 560
« 710
713
« 716
tt 717
717
« 717
u 722
* 725 "iii. 80
• 97,123
*« 106
« 140
« 142
" 146
203 « 218
296 LAPSE OF TIME — LAPSED AND VOID LEOAaEV-^LABCKlfT.
Lamos— State's right of eminent domain lo • . Vol.iu,dtt Suit hj Tendor to compel specific performance of contxact for the
purchase of . ** 239
Effect of standing by and permitting another to build on . " MO
Voluntarily abandoning an agreement in writing for the sale of ** 940
When court of equity will enforce contract for the sale of ^* 309
What the measure of damages occasioned by backing water on ** 338 Guardian nmst not buy, with in&nt's money unless by direction of
court of chancery . . . ** 301 How, lying under a judgment lien must be sold ^ Alt Parol agreement to rescind bond to convey, how held " 433 Receipt of receiver general for the price of; proved to be in the hand- writing of his son is evidence . ** 43$ Vague information by one not interested in, is not notice to pur- chaser that another claim exists . . ** 437 What will suffice to establish a right in the state to the use ot^ for
highway purposes ... ** 43B
Fuol partition of, when valid . ** 430
Patent for» wrongfully obtained ....'* 490 Owner oC, flowed by the construction of a dam need not show
special damage .....** 404 LAPSE OF TIME. ItAPSB OF TiKK — What sufficient to rebut a presumption of payment
# raised by . . ^ Vol. t 366
On what grououd, is permitted in equity to defeat an acknowledged right ** 361 After what, will a vessel be called a missing vessel and be presumed
to have perished . . . . ^ 509
Alter what, a judgment is presumed to be satisfied . ** ii. 96
Is no presumption of payment of demands on bank notes "118 Statute of limitations not designed merely to raise presumption of
payment of a just debt from . <* 120
What, sufficient to raise a presumption of discharge of a mortgage ** 936
Rule as to presumption of payment from . ** 470
Admiralty courts will not entertain suits for wages after a long ** 641 A judgment obtained by solicitor against client for costs will be
overhauled after a considerable <* 109
LAPSED AND VOID LEGACIES. IiAMBD AND VOID Lboacibs,— General rule as to the lapsing of a legacy
by death of the legatee .... VoLu. 88
Eule as to the lapsing of legacies charged upon personalty ** 80
Rule as to legacies being void for uncertainty . ." 80,00
General rule as to passing a Lapsed legacy of chattels under the
geoecal leaidoaiy bequest "101
LARCENY. Labobmt — Aa to a pmsnmr who has pleaded guilty to a ohaige of; aid upon whom sentence has been passed re^raettng hia ploa and pleading not guilty .... VoLJtf.i06^908
LAW. ^7
Lasosrt — Why all are principals in petty
What words necessary in an indictment for A conviction of, on the oath of one witness only set aside and new trial granted .....
As to lost property being the subject of . Kmbezzlement is a species of . . .
LAW.
Law-^Whatis .....
How, is primarily divided Of nations, upon what founded What municipal, is defined to be
How municipal, is divided ..... Of what unwritten, consists
Of what the written, consists ....
How the written, of England and the United States is classed Principles to be observed in the construction of statutes What ex pott facto law is defined to be . General principles as to laws impairing the obligatioii of contracts Rule of, as to liability of principal for acts of agent Hakes a distinction between a general wdebitatut atnmg^ and
special assumpsit ..... French, on the subject of presentment of bill for acceptance . • What a reasonable time for presentment of note for payment is a
question of . . . .
General rule of, requiring proof of title by holders of note may be
modified by a rule of court . •
Spanish, gives joint suit against the maker and endorser Fraudulent representations inducing the obligor to execute bond no
defence at, to an action on the bond Civil, as to liability of common carriers . ^ .
Regulating responsibilities of carriers does not apply to case of
carrying negroes . . . . ^
What must appear if a bill seeks discovery in aid of the jurisdiction
of court of .
Judgment creditor at, is entitled to redeem an encumbrance upon land Construction of a letter of credit must be the same in court of equity
asinacourt of law " IM
How statute operates where conflicting tiUes are adverse in their
origin • . . « 190,191
What Congress have declared to be, in regard to priority of pay- ment ^ . . . • • . "196 Cannot undertake to measure the validity of contracts by strength
of the understanding . *' 304
Wife cannot contract, sue or be sued at . " 306
How many years does, require the husband to be absent before it is
presumed that he is dead . . . ** 308
Strict rule of, as to throwing obligations of wife upon husband " 310
Centxacts without consideration not binding in , . . * 318
38
|
Vol. |
1.448 |
|
tt |
456 |
|
tt |
U.276 |
|
tt |
iiL206 |
|
u |
360 |
|
VoV |
a. OS |
|
It |
65 |
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a |
65 |
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(4 |
65 |
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{( |
65 |
|
M |
66 |
|
tt |
66 |
|
tt |
67 |
|
U |
67 |
|
u |
67,68 |
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u |
68 |
|
M |
i. 37 |
|
tt |
65,66 |
|
w |
76. |
|
u |
91 |
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128 |
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V |
135 |
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149 |
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u |
165 |
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1-67 |
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tt |
187 |
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(C |
188 |
W8 LA^ (continued).
Law— Will not imply a promiM where there is no express promiie Vol i 2S9 Rule of, as to the validity of verbal agreement without a good con- sideration ....." 214 What, implies where party undertakes to do a particular thing ^ 233 Usage of trade cannot be set up to contravene an established rule of **■ 294 Contracts are supposed to be made in reference to existing laws
where they are entered into . . •* 237 The repeal of a law does not divest the right acquired under it ^^ 237 Contracts valid by the law of the place where made, valid every- where ..... " 240 Contracts void by, of the place where made void-everywhere '* 241 'RfkcX of discharge of debtor under the bankrupt or insolvent, of the
country where contract was made . . . =^ 2«1 General rule that whatever constitutes a good defence by, of the
place where contract is made is good eveiywhere . . " 241
What necessary to constitute usury within the prohibitions of " 24(S
Equity as well as, will prevent the effects of illegal contracts ** 251
Maxim of the common, in regard to the performance of immoral acts "' 251 How a bond or deed given by a man to woman living in adultery at
the time, will be held at . * . ** 251
Annulling conveyances is unconstitutional . . ^ 2S7 Principal exceptions in the English, to rule that corporation cannot -
bind itself but under its corporate seal . ** 277 Common, rules as to the right of corporations to enact by-laws ^^ 277,278 When usage becomes part of . *^ 290 Presumes a femme covert to act under the coercion of her husband ** 298 A demuiTer is an answer in, to the bill . " 310 Civil, on the subject of divorce . . . . '^ 324 Common, as to dower of wife . . ^' 327 For what the humane provision of the common, as to dower was in- tended .....'< 328 t Afaimu cortrt who was an alien cannot be endowed by the common '^ 329 Equity follows law ~ . "• 343 Where there is equity, must prevail . . . . '" 343 Rule as to the proof of foreign laws . . . *^ 368 Who evidence of proof of foreign law, to be left to . . " 368 Manner of proving foreign ....*' 368 Distinction between written and unwritten laws as to manner of
proving them . . . ** 360 An execution is putting, in force . "381 At common, one executor is not liable for waste committed by co- executor . . ** 384 Rule of the Roman as to the succession to estates " 390 Distinction between an executor under the common, and a testa- mentary h^r under the civil law . " 391 By what, the power to sell immovable property is governed . " 391 What felony comprises in the general acceptation of the English * 399 Fraud is in many instances cognizable in a court of . . «• 398 Rule in courts of, that ftaud is not to be presumed . . "400
LAW (continued). 299^
La w— Jury to find facU in courts of; in questions of fraud Vol. i. 402'
Conveyances to deiiaud creditors voic by common, as well as statute " 402 What is a g^nt in the common ....** 414
Common law rights belonging to the guardian in socage . . ** 425 Uniform principle that runs through all, as to repelling crimes by
homicide . . . . "426,427
What was the punishment for self-murder by the Athenian . " 427
What the law of England considers concerning self-murder . " 427
Rule of the ancient, as to the punishment of accessories " 44i^
As to contracts being made at, between husband and wife . ** 451
Injunction to stay proceedings in courts of . ** 464 As to, of insurance .... Vol. i. 467 — 590
Ruie of commercial, as to insurance of seamen's wages . Vol. 1. 479
Rule of commercial, as to wag# policies . " 481
Rule of commercial, as to validity of policy upon smuggling voyages . ^ 481
How a warranty of a policy of insurance is regarded in . . ** 499
What is barratry as understood in the English . , " 540
How barratry is defined in the French "540,541
Rule in the English, as to foreign judgments " ii. 10
Rule of the French, in regard to foreign judgments . " 11
Effect of state laws in restraining judgments of the federal courts *' 12, 13 No action will lie at, on decree of a court of equity for the pay*
ment of money . " 14
Principle of, submitted to arbitration . ** 21
Rule as to the power of courts of equity to grant relief against a v
judgment at . . . . " 23
Doctrine of conditions derived from the feudal . "80 General rule of the common, as to conditions precedent in regard to
personal legacies . "82
No action lies at common, for the recovery of legacies . " 97.
Presumption of, as to legitimacy of children . ** 101
What required by, in case of libel . . . ' . " 106
Rule of the common, as to vender's lien upon lands sold "113
The statute must be pleaded in equity as well as at . « 129
Who are in, considered lunatics . .- . . " 132
On yrhom imposes the proof of lunacy . . " 132 General rule of, as to contracts and other obligations by lunatics and
idiots . . . . . . " 133
Rule of the English, as to sales in market overt . " 141
In what light does, consider marriage . . . " 142
General rule of, as to the form necessary to constitute marriage contracts " 142
Rule of the common and civil, as to the age of consent to marriage " 144
Rule as to the consent of parents or guardians under the civil " ] 44
Rule of, as to foreign marriages "148 General incideAts of, as respects the personal capacity of husband
and wife . ^ . . . "150 Effect of foreign laws upon the incidents of marriages celebrated un- der them . . . " 153 Rnle of, as to what constitutes the m^itrimonial domieil * 156, 157
300 LAW (continued).
Lj w — Civil, as to special mortgages VoL ii. 173
How the doctrine of tacking is considered by the civil " 177
Civil, as to the doctiine of subrogation or substitution ^ 180
Rule in the civil, as to further advances "180
Rule of the civil, as ti the lien of vender . . ** 182 Rule in the English, &i to what will amount to waiver of vender's
lien . " 1«3 Rule in, as to the right of mortgager to claim the benefit of policy
of insurance in case of loss by fire . . ** 188 As to the liability of an equity of redemption to sale under execu- tion at law . . " 2U Rights 6f pawnee acquired by the common " 320 Rule of the Roman, with regard to lights of pawnee . . " ^i Rule of the common, as to the right of ple^ee to sell "222,223 Rule of the Roman, as to the right of pledger to compel sale ** 225 . Rule of the common, as to the pledgee's right to alienate ** 226 Rule of the Roman, upon the subject of assignments by pawnee " 228 Rule o^ as to the obligations of the pawner in regard to the title to
the thing pawned . ** 234
Rule in equity as to ignorance of, or mistake in "241,242
What the rule for granting new trial where the verdict is against . " 272,273
Rule of, as to setting aside verdict for smallness of damages " 274
Rule as to the authority of courts of equity to grant new trial at " 275
What understood in, to be a nuisance ** 277
Rules deduced in the civil, for the interpretation of obligations VoL ii. 284 — 287 Rule of, as to the right of joint owners to have a partition of their
joint property ..... Vol. iL 204 How partition at law and equity differs ..." 2M Rule of^ as to the time of commencement of a partnership, if no
time is mentioned in the articles . " 313 General rule at, as to the remedy upon simple contract between
partners • . " 3S7
What are the remedies at, between partners " 330
Rule a« to the ri^ht of partners to enforce a contribution at . " 334
Rule of, as to the liability of partners for acts of their co-partners " 350, 351
Principle^ in, as to the right of partner to dissolve partnership . " 389 As to an action of account being brought at, by one partner against
, another . " 404 What the construction of the words ii| the patent law, " not known
or used before the application** . . * 457
What the rule of, for the appropriation of payments . " 467
What perjury is at common . . ** 4SS What is a power as understood in ..." 490
Rule at, as to what will be deemed an illusory execution of a power " 506, 507 Distinctions in the English, relative to cases in which powers are
to be deemed suspended, merged, or extinguished . "510, 511
Diii^rentkindsof rent at common " 533
Ancient rule of, as to whom rent must be reserved " SO
Upon what depends the remedy provided by, for the lecoveiy of leot " 5381, S39
LAW (continued). 301
law— General roles aa to a repleader at common Vol* u, 540 Rule of the Roman, as to the liability of tenant for rent where pre- mises are fortuitously destroyed . . . '* S35 into what classes rivers are divided in . *^ 650 Ra!e of international, as to the rights of a nation in navigable rivers "9i{0, 961 Role of, as to the rights of riparian ownen . " 5S2 As to rights of riparian owners to the use of streams for the pur- pose of working mills , ** 6SS What is meant by seduction in ...,"' 962 Rule as to set-off in cases arising under laws of the T7. States " 971 General rules of the civil, on the subject of set-off . . Vol. ii. 574—^77 Duties of sheriff as decliued by ... . Vol. ii. 977
"What underetood in, by the word " ship" "982 Of ship and maritime commerce Vol. ii. 982— 6£8 Right of ship owner to retain goods for freight as recognized by both
maritime and common .... VoL ii. 614
Provisions by laws of United States with regard to shipping articles ** 629 As to anesting seaman who fails to render himself on board, by
laws of the United States .% "681,632
Mariner's lien on sliip for wages by the maritime ** 644 No particular mode or instrument of punishment prescribed by
maritime, for the correction of seamen . . " 648
Effect given by commercial, to the bill of lading ** 661
What freight is, as understood in maritime . ** 667 Role of commercial, as to the rig^t of shipper to abandon goods in
payment of freight . . ** 677
What understood by salvage in maritime . . . ** 681 What necessaiy in the £nglish and American, to render contract
of surety or guarantee obligatory . . . ** 692
Rule in the civil, as to rights of sureties , . . . *^ 706
Consent of parties cannot confer jurisdiction in matters ezelnded by ** iii. 10
Courts of. Will protect assignee of ehoses in aetion . " 62
An assignment of prize property is good at common . ** 64
A decree in chancery is not assignable at . . ' . " 64
IHscretionar]^ power of attomeya at ** 6*'^ Effect of prior assignment in banktttptcy under a foreign, against
subsequent attacnment . . ** 73 As to the right of attorney at, to receive bond fipom debtor in die-
' c^ige of the claim .... *^ 101
Often interposes to declare tranaactloBs betwe^ attorney and client
void ..... . "101,102
How an attorney will be treated who conceals a principle o^ from
client to gain an interest . . . " 102 Note placed in the hands of an attorney st, who ne^tects to bring
suit upon it when instructed so to do . . H23,124 Laws affecting 'public corporations may be enacted by a mere nv
jorityvote . . ... "189
Constitotional, majority required to . . , " 189
. fa criminal cases the jury are fhe judges of, as well as tiielaet " 905
Ai to the right of the commonwealth to pass a retroepective ** 29"*
1K)2 LAW (continued).
La v^PreBUipption of, is in faTor of sanity . yoLiii. 197
As to liability of attorney at» for money collected , " 268 As to a discharge under the insolvent law of one state preventing
an arrest in another , • . " 277 By-laws of banks as a general rule are to be complied with by their
dealers ..... "293
A compromise is a o^od consideration and highly favored in . ** 310
Policy of the civil, as to a compromise . ' . . " 311
'What is tin ex post facto hiVf "322
To what the prohibition to pass an txpostfacto^ applies . ^ 323 Criminal, as to false representations ..." 333
Criminal, as to indictment for obtaining goods by fiilse pretences " 141
What constitutes forgery at criminal . . " 141
Criminal as to the entry of fioZk/^rofe^M "114
Digging up dead bodies is an indictable oflfence at . .' " 339 All deeds to be construed as near the intention of parties as possible
consistent with rules of . ,. . " 345
Settled rule at common, in regard to right of entry . " 359 All unsuccessful attempt to defend at, will not preclude relief in
equity . . . ' " 361 Courts of^ will not in general lend their aid in enforcing injunctions
from chancery ....." 403
Local, as to construction of commercial letters . " 430
Local, as to construction of letters of guaranty " 430
Rule of the common, as to contracts of sale . . . ** 4«'S9 Presumption of^ where a dam is erected by one individual so as to
^ flow lands of another . "494
Defknitionof ...... VoLii. 65
As to tefmination of agency . " i 92
Aj to acts of agent prior to notice of revocation binding principal " S3
Rule of, as to sale of chattels if possession be at the time in another " 201 Rnle of, as to a change of property upon contract of sale " 224
On the subject of divoree . . » ^ 324
Rule o^ as to wager or gaming eontracts ..." 481 Distinction between executors under the common Uw and a testa- mentary heir under the civU law . . " 391 As to vender's lien .... YoL ii. 112, 182, 183
Rnle of, as to the age of consent to marriage VoL ii. 144
As to mortgages ..... Vol. ii. 173,178
Doctrine of subrogation or substitution in . . " 180
Rule in, as to further advances . . . . " 180
Rules deduced in, for the interpretation of obligations VoL ii. 2S4— 287
As to partition ..... VoL ii. 294
Rule in, if a partner renonnce the partnership with a fraudulent
intent ..... "336,389
Rule of; as to the right of a partner to dissolve partaenhip VoL ii. 389, 390, 391 As to when legacy will opeiate in payment VoLii 467
LAW (continued).
303
LAW^Geneml rules of, on the subject of let-oir r Tol. ii. (r74-<9n
As to liability of tenant for rent where the premises are fortnitoiisly
destroyed , Vol. ii. 53f 535, 536
As to master of vessel binding principal . . VoL ii. 617
Rule in, as to the rights and remedies of sureties Vol. ii. 706, 707
As to compromise ..... Vol. iii. 311
OOMKOlf.
As to dyer's lien .....
Choses in action not assignable at . As to carriers in geneial ....
Role of, as to carriers on land
Qow wrongful deliveiy of goods by carriers is treated at As to carrien restricting their liabilities by notice Requirements of^ relative to persons making contiacts Mayims of, as to contracts being founded on sufficient consideration On the subject of delivery of specific chattels Rule of, as to payment if no time be expressed Maxims of, in regard to contracts for performance of immoral acts Conveyances at .... .
Estate held in copareenaiy arising by Giving more than one vote at an election how held at Disorderiy behavior at town meeting, how held at Customs must not be contrary to . . .
As to seals
As to considerations in a deed .... Word ** conveying" equivalent to the word ** grant*' at Time fixed by, as to when an infiint may devise his personal estate As to executory devis^
As to dower of wife ....
For what provfsion o^ as to dower was intended As to /amine covert who was an alien being allowed dower by As to demand of dower being necessary at . Relative to ejectment ....
.Jurisdiction of equity where remedy cannot be had in conxts of As to competency of witnesses
'Ordinary mode of proceeding in courts of; prepaiatory to examina- tion of witnesses As to deposition of witnesses As to liability of executors
Distinetion between executor under, and an heir by intestacy As to foreign executors or administrators . Relative to felony ..... All deceitful practices condemned by Conveyances to defraud creditors are void at As to fiauds that are and are not indictable at 'Grants or gifts in ...
; Guardians at ....
iRights belonging to the guardian in iocagi
Vol.i. 47 « 65 " 15f *'150,16U
161 "183,184
90] « 203 " 226
236 « 251 ^ 269 « 270 « 280 « 280 ** 287 « 206
304
«* 317
<* 320, 381
« 331
« 338
« 392
« 364
« 306 «*384»389
** 391
** 392
«* 395
« 398
« 40>
« 407
" 414
304
LAW (cONTiSVUED.)
Law— 'Rale at, as to distinctionB between Acetseoriee wad pnncqpcdA When fraud is indictable at .
Rule as to who may be insurers Rule of, on the subject of wager policies In what CAses courts of) hAve eoocurrant j,urisdictton with courts of
admiralty .....
As to conditions annexed to a bequest
Rule of, as to conditions precedent in refpud to personal legAciet As to action at, for recovery of legacies As to, jurisdiction of courts of the U. States in cases of libel Gives no priority to the U. States over other creditors Role of^ as to lien of vender upon lands sold As to limitations ....
19b peculiar ceremonies are requisite by, to the valid eelebmtion of
marriage ....
Rule of, as to the age of consent to marriage Rule of, as to disability by reason of former marriage, how applied Assignments need not be in writing to satisfy lequiremAnts of General mie aA to rights of pawnee Rule as to partner's right to become purchaser ^
Rule as to right of pledger to compel sale . Rule as to pledgee's right to alienate . '
Pawnee's right by, to deliver over pawn into the hands of stnnger As to defects in <pawn ..... Rale as to the manner pledge or mortgage may be extinguished Role as to the right of father to the custody of his children Imposes no obligation on the ehild to eqppoit pawnts Rule as to partition of joint property .
DAfinition of perjury at . . ^ .
Remedy at, for the final adjustment apd settlement of pAitnexship
transactions Conrts will judieionsly iiotiee, rights and dntiea and geneial cnAtoms Powers well known to . , .
Quo warranto at .... .
Freehold cannot commence infigtrnQ at Role as to liability of tenant for rent in case of fire . In relation to distress for rent
Principles of, as to alimony ....
Role as to the rights of riparian owners OMeral right of ship-owners to retain goods for frei^t leeognixed
by
Mariners' remedy at, against master for assaults, batteries, and im- prisonment ... Abttonent at, by death of parties Ai to assignments of chattels without Actual deliveiy AsiCgnment of prise property good at FAity aggrieved by operation of improper attachment may proceed at Attorneys at, privileged from arrest on memt process Digging up dead bodies an indictable offence at
4m
48a
« ii. »
•• 81,82
* 97
« 107 « 111
*» n»
149 « 144
147 « 18a «390,223 « 225 » 225
228 « 228
234 « 334
204 4S8
471
490
« S14
534
* S3»
558
558
^ 814
848 *iii. 14 88 « 84 « 88^
•• 108 « 338^
r.AW (continued). 305
l«AW — Rule as to ejectments Vol. iii. 3d0, 3Q0
A confedency to assist female infent to escape lirom her /ather's
control is indictable at Vol. iii. 403
COMIIERCIAI^
Rule of; as to insurance of seamen's wages . VoLi. 479, 480
Rule of, as to wager policies . Vol. i. 481
i^ffect given by, to bill of lading . ^ ii. 601
Rule of, as to right of shipper to abandon goods in payment of freight ** 677
CONSTITUTIONAL.
As to acts of legislature being void . ^ Vol. liL 314 — 318
As to when acts of congress are void Vol. iii. 315
Relative to retrospective statutes . . . . ^ 317 As to taking private property for public use VoL iii. 318 — 320
Power of congress to ** lay and collect taxes" . Vol, iii. 320
State legislature cannot annul the judgment of a U. States court '^ 320,321
Respecting the right of trial by jury . . *^ 321,322
As to commerce . . . '* 323 As to ex poit facto laws . Vol. iii. 322 — 324
OaXMJNAL.'
As to false representations . , . .
Relative to proceeding against minor forobtaining goods under fidse
pretences . .
As to indictment for obtaining goods by ftlse pretences As to forgery . ' .
As to the entry of atiottc jTTOMgin
XNOI.Z8H.
How written, is classed ..... Vol. ii. 67 Priilcipal exceptions in, to rule that corporation cannot bind itself
except by its corporate seal , . *. " i. 277
What felony comprises in the general acceptation of . . ** 305
What, considers concerning self-murder . . . ** 427.
What barratry is as understood in . . ** 540
Rule in, as to foreign judgments . ** iL 10
Rule of, as to sales in market overt . . . ** 141
Role in, as to what will waive lien of vender . . " 133
Distinctions in, relative to the extinguishment of powers . ^510,511
EX POST FACTO.
What, defined to be Vol. ii. 67, 68-^i. 322
To what the prohibition to pass, applies . Vol. iii. 323
Rnle as to the proof of . ^. Vol. i. 368
Who evidence ofproof of, to be left to . . . * 368
39
|
Vol. |
ill 398 |
|
tt |
141 |
|
u |
141 |
|
u |
141 |
|
u |
141 |
306
LAW OF IH8U«IANCE.
Law— -ManiMT of proving ..... Tol. i Ml
Effect of prior asaigoment in bmkniptej ander, against snbaeqiieBf
attachment . " iii. 73
PKENCH.
Relative to piesentment of bills for acceptance Rule of; in regard to foreign judgments
XAUTIMB.
Mazinei's lien on ship for wages by .
No particular mode or instrument of punishment prescribed by, for
the correction of seamen .... What ttnderstoo4 by salvage in ... .
HUaiOIFAL.
What defined to be How divided
Rule of^ as to succession to estates Rule o^ with regard to rights of pawnee Rule oil as to rights of pledger to compel a sale Rule of, rebtivQ t» MSKgimiento by. pfvwnee Rule o( as to teniuit's liability for rent
LAW OF INSURANCE.
|
Voi |
i. 75 |
|
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iL 11 |
|
VoL |
U.644 |
|
ti |
648 |
|
u |
681 |
|
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u 6& |
|
tt |
65 |
|
VoL L 390 |
|
|
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U.221 |
|
w |
936 |
|
c* |
296 |
|
u |
535 |
PABTlBS TO THS OOXTBAOT.
Who may be insured As trustee for an enemy Royal IteeHpe. Who may be insurers «» .
TXSMS AND SVBJBCT or TVS
Ship's body Partner insured in his own name Lost or not lost Whomsoever it may conceni Policy effected by an agent Assignment of the policy Word "property" . Term'^cai^'^ Wrong description Alteration of mistakes Word "furniture" Contraband of war Illicit voyages
|
. |
. VoL |
L467 |
|
• -• |
« |
467 |
|
. |
a |
467 |
|
• |
«, |
460 |
|
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||
|
, |
. VoL |
L469 |
|
• |
« |
470 |
|
^ |
a |
470 |
|
, , |
<c |
470 |
|
. |
«c |
471 |
|
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u |
472 |
|
. |
« |
472 |
|
• » |
u |
472 |
|
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a |
473 |
|
• |
tt |
473 |
|
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a |
474 |
|
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CI |
474 |
|
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m 9 |
474 |
LAW IN8T7RANCE (GONTIKUSD)
307
or mSUEABLB IITTBBBSTt.
Equitable interests CharteijBT's right to insure As to freight Freight in expectancy . For part of the yoyage Mortgager's right Insurance on profits Commissions Seamen's wages Wager policies Smuggling voyages
▼ALUATION.
Open polity
Valued policy
Rule for assessing value
As to freight ...
Goods from remote countries
Value increased by barter
Charges on outward voyage
Goods transhipped
Betum of part premium
Rule for estimating ship
Rule for determining interest in open poheiec
Where goods have risen in value .
Short interest
Effect of valuation
Different valuation| on the same thing
As to opening valuations
aXPBBSBNTAtlOlt AHD CONOBALMXKT.
General rule as to necessssy statements Representation to first underwriter Effect of misrepresentation Materiab'ty necessary How determined . As to concealment Concealment of papers As to losses Time of sailing Public ordinances Insurance after notice of loss Concealment of accidents Conceafanent of age and tonnage
WABBANTT.
How regarded in law
What necessary to constitute a warmnty
|
VoLi |
.475 |
|
w |
477 |
|
u |
477 |
|
u |
477 |
|
it |
478 |
|
ft |
479 |
|
tt |
479 |
|
u |
479 |
|
u |
479 |
|
u |
480 |
|
u |
481 |
|
VoLi |
.482 |
|
u |
482 |
|
u |
482 |
|
u |
484 |
|
u |
484 |
|
u |
485 |
|
u |
485 |
|
a |
485 |
|
u |
486 |
|
w |
486 |
|
(( |
486 |
|
« |
486 |
|
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Vol. L 489 <" 490 « 490 '' 490 " 491
492 « 492 « 493 "493,495
493 *' 494 •• 497 " 496
Vol. 1409 " 400
308
LAW IN8URANCB (cONTINUBd).
Law Inburjiiicb — Warranty oi neutiality . How neutral character determined As to time ....
As CO the day of sailing
Warranty of safety ...
Distinction between " tc sair and ^U depart" To sail with convoy
What is convoy* ....
Rule as to sailing orders
Free from seizure ....
Word *' port" in a warranty Port of discharge ....
IMPLIED WAaaAllTT.
As to sea-worthiness
Efiect of survey ....
Defect unknown to owners
Time of the warranty ....
By whom sea-worthiness to be determined
Rule as to taking pilot
Documentation
National character ....
Against unlawful restraints .
Warranty of neutrality by one of two partias
KfliBct of foreign admiralty decisions
PBXULS WITHIN TBB POLICT.
General rule ....
Perils of the sea ....
flea risks in ports' ....
Collisions .....
Loss by general average contribution occasioned by coUision
As to lighters and launches
Damage by worms .
By land battery
ByraU .
Missing vessels
Goods to repair damages by storm
Lobs by fire .
Loss by enemies
By capture
Jettisons . - .
Construction of the words ** arrests and jestraints"
Embargo .
Foreign and domestic .
Ship taken for public purposes
Mere fear of capture . •
Mortality of live animals
VoL i.
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LAW INSURANCE (CONTINUED).
300
WBBN THB POLIOT ATTAOHBS AMD OBTBUCIIfBI.
Upon what depend .
Ambiguity in description of place
At and from an island
DSVIATIOK.
Whatia ....
Legal effect of
When justifiable .
Effect of the words '* touch and stay"
Letter of marque .
Pistinction between alteration and deviation
Taking on board more, or other, goods than allowed by t
Where the ship after demting returns.
More delay . ^
BABRATBT.
By the English law
By the French law
In the United States
Who may commit
Effect of ....
TOTAL LOSS.
Whatis .
Necessary quantum of damages .
The time to which the value relates .
ABANDOXTMBHT.
Whatis ..'...
Right to abandon
Notice after abandonment
For a technical total loss
In case of policy on goods
Where part only are insured
By reason of fear ....
In case of sale by the master
Sale by vice-admiralty court .
Rule in case of transhipping caigo
In case of stranding
Innavigability ' .
Policy on ship for the voyage
Right of election
Effect of abandonment
Requisites to a valid abandonment
As to memorandum articles
Astofftight ....
OBNBBAL AVBBAOB.
Whatis .
What will support the claim
|
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310
LAW mSURANCE (CONTINUED)
Law IzisuKANCB— JdttiMm Vol. L SS6
Things of jettison ... . *« 557 Rule where alter jettison the ship continttae her twute and is
wrecked . . . '. ** 5ffJ
Rule where goods are pnt on boaid of lighten *^ 507
As t^ goods on deck , ^ iSB
Daxnage done to the ship . ** 558
Sale of part of the cargo . ** 550
'Where a mast is carried away ....** 559
Sails lost . . ** 559
Boats cut away ... ** 550
Rule as to contribution for seamen's wages . ^ 560
In case of voluntary stranding i ^ XI
In case of loss by collision . . '' 566
As towages and provisions in casei^f embargo '' 567
In case of detention by hostile eaptme . '* 568 Where some part of a caigo is saved submitting a im^ t« l»» ttiken
by hostile cruisers ... . " 568
Expenses of wounded seamen . ^ 568
Damage by fire .... . " 560 Money raised on bottomry . "570
Extra expense of sailing with convoy . ** 571
As to ransom . . ** 573
*
ADJUSTMBIIT OF OBNBBAL AVBB4OX.
What must contribute ..... Yol. L 573
Rule for valuation .....** 573
For estimating df the ship . . ^ 574
As to contribution of freight ....** 575
Examples illustrating the rules of contribution on ship, cargo and
freight ...... ** 576
Effectof adjustment in a foreign country . , "^ .TTO
SIMPLX AVBBAOB AND PABTIAL LOSS
What is simple average ..... VoL i. 560 Distinction between simple avenge and partial loss . "581
Mode of adjusting simple average . " 561
Rule for adjusting partial loss . . . . " 588
Simple average on ships . . " 582 Salvage loss "563
OF THB HBMO&ANDUII.
What is .....
Words " free from average unless general** .
What will amount to a loss of memonndum articles
Vol. i. 583 584 585
KS-ASSUBANOB AND OOUBLB A88VBAKCB.
Wliat is re-a8snran<;^ . ^ . . VoL L 566
What is double assuxanee . " 56$
BeTOBN of PBSMIirM .
▼oLL587
|
YoL i. 589 |
|
|
Vol. |
it 65 |
|
Vol. |
iisasi |
|
Vol. |
ii-sea |
|
tt |
983 |
|
a |
985 |
|
u |
587 |
jjim or NAtioiv^^LAW or ships aicx> haritimk colMiffeRCB. 3iil
KE^JIDT on k POLIOT.
Fotm of remedy ..... Vol i. 568
Manner of deecribing the policy . . ^ "^ 588
OT poLioixA on x«iTxa. Inforable interest in a life ...
LAW OF NATIONS. Law ov Natiohs — Upon what founded
LAW OF SHIPS AND MARITIME COMMERCE. Law or Ships aud Maritime Coxmercx — ^Meaning of the word ship
OF SHIP OWMBnS.
How may ships be acquired . ^.
Evidence of ownership .
Of the ship's registry ....
R^stry in the United States ....
French xegistiy laws . *< 588
Registry not Evidence of ownership . . . ^ rS9
OF PART 0WMXR8.
General relation of part owners .... Vol ii. 500
Rale as to the right of part owners to control the ship "• 590 Liability of part owners for damages occurringto the ship by them
sent to sea without the concurrence of their co-owhers . ^ 502
^ght of part owners to sell the ship . . , ** 509
Dutierof ship's husband . '* 504
How far a part owner may bind the concern for repairs *** 504
Interestofpart owner as regards third persons . . ** 505
pF THE RIGHTS, DUTIES AND OBLXGATIOIfS OF TBX CAPVAIII.
General role as to the qualifications of the captain . Vol. ii. 595
Liability of the captain for his conduct in the ship . . ** 5<M
POWERS OF THE ■ ASTER.
Porv^er to sell the ship .* ' ^ Vol. ii. 599
Master's right to hypothecate or sell the cargo "003
Right to give a bottomry bond
RiUe where there is an agent of the owner at the place
Rights of the holder of a bottomry bond in a prize court .
Rule in case of exorbitant interest
The master has a special property in the ship .
The master may let the ship by charter party
Obligation of the master to the owners
Personal liability of the master upon all contiacts which he nudces
in regard to the employment of the ship . Master bound to protect seamen' .... ^Damages fo# discharging a mariner without cause
603 606 609 610 613 613 615
617 010 619
piniisnBi^T. Hsiter may inflict reasonaUe coiponal punishmeot VoL h. 630
3id
LAW OF 8HIP8 AND MARITIHS C0M1CXIK;& (OORTUIDSD)
IKPBZSOXrVBirT.
Ma8ter*8 right to imprisonment .... Vol.iL63S Duty of the master to tranship caigo ..." 023
Master bound to sail as soon as the cargo is on board ** 635
Appointment of the master may be revoked ** 626
Master has- no lien on the ship for his wages • . ** 627
Nor on the freight . . . . « 628
OF THB BIGHTS AND DUTIBS OF SBAKBK.
Who are included under the title ** mariners" V6L ii. 628
Law of the United Slates in regard to shipping articles ** 622
Duties of the mate . *" 629
Nature of the contract between the master and seamen "631
Rule where a seaman fails to render himself on board . " 631
Seamen bound to assist in defending the ship against pirates " 632
Seamen may not abandon the vessel until the voyage is tenmnated " 634
In&nts or apprentices may not enter into mariner^s contract ** 638 Master cannot discharge a seaman before the completion of the
voyage . , -. ** 638
If vessel is lost wages are lost . . . . '^ 641
Seamen entitled to wages during sickness . . . ** 642
Mariner's lien on the ship for wages . " 644
Lien on freight . *< 647
Mode of punishing seamen . ** 648
l^lariner's remedy for assault and batteries . ** 648 £ffi>ct of embargo upon mariner's contract ..." 642
Habbobiko Sbaxbn ...... yoLiL649
OF PILOTS.
Whatisapilot . *. VoLiL650
Provisions made by congress to prevent the burning of ships at sea " 651
OF chabtbb*pabtt.
Whatis a charter-party ..... YoLii. 693
Usual conditions of the charter-party . " 653
Liabilities of the captain towards passengers . " 666
OF FREIGHT.
What is freight ...... yoLn.667
What necessary to^entitle the captain to freight " 66S
Dead freight . " 670 Role for payment of freight where the ship is obliged to stop and
repair ... . . « 671
Rule as to the payment of freight on merchandize sold by the cap- tain . ' . . " 67i llnls where there arises an interdiction of commerce with the port
of destination . . " ' 673
Rnle where a ship is arrested by Older of a prince or power * 673
Rnls in case of shipwreck . • • * 674r
|
Vol |
ii 674 |
|
u |
675 |
|
u |
376 |
|
u |
677 |
|
(( |
678 |
|
Vol. |
ii. 679 |
|
Vol. |
U.6S1 |
|
u |
681 |
|
tt |
681 |
LAW OP THE UNITKD STATES LEASE. 313
•
Law of Ships Aifo Masitimb Commerce— Rule where the goods ate saved ......
Whexe the consignee refuses to receive the goods
Ship owner's lien for freight
Rule as to the shipper's right to abandon the goods for the payment offreight .......
Shipper's lien on the vessel ....
stoppaos in transitu. What is .
salvage. Iq maritime law
General principles as to allowance of salvage Rule as to who are entitled to salvage
COLLISION.
Owner's liability is not varied by the facts of the presence of a pilot VoL ii. 683
CAPTURE.
Duty of m^ter in case of the capture or seizure of a neutral ship LAW OF THE UNITED STATES. Law OP THE United States— How written, is classed Rule as to set-off in, cases arising under Provisions by, with regard to shipping articles .
LEASE.
Lease — What is a lease
General rule as to the tenant's right lo assign
Who maygrant ......
Neither tenant at will nor tenant at sufferance can make
Role where buildings leased are accidentally destroyed, as by fire
What is implied by a covenant to renew
Role where a leasehold interest is assigned by way of mortgage
How iar an assignee of, is liable .
Rule in the construction of, as to boundaries
When verbal will prevail over a written
How, may be determined .....
In what ^ases, a merger of, takes place
What considered to amount to a surrender of .
For years cannot be surrendered by merely csncelling the indentures
without writing . . ' .
What will amount to a forfeiture of . . . Vendee may repudiate contract for the sale of land where there is
an outstanding . ... . Vol.i.262,263
VHiat joint and several covenants in the beginning of, shall extend to " 285, 2d6 Eifect of tenants disclaiming to hold under • . . ** 341
I^eaaehold property sold by administrator without taking proper
security .... ** 387
40
|
Vol. |
ii.68S |
|
Vol. |
ii. 67 |
|
(( |
572 |
|
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62« |
|
Vol. |
ii. 69 |
|
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69 |
|
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69 |
|
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|
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|
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71 |
|
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71 |
|
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72 |
|
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72 |
|
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72 |
|
- .c |
72 |
|
u |
72,73 |
|
u |
73 |
|
M |
73 |
|
tt |
73 |
314
LEASCHOLt) LEGACIES.
ItXAM — How long guardian may .... Vol. L 4SA For yean of land may be included under the head of gifts or giants
of chattels real . ** 414
As to mortgagee's right to grant . ^ ii 185 Statute requiring the registiy of mortgages extends to leases assigned
by way of mortgage . . ** 191
A power to sell does not includ<|a power to lease '* IM
A mortgager has no power of making, to bind mortgagee ^ 207
Mortgager obtaining a renewal of ** 308 Rule as to the interest of partners in leasehold property taken for
partnership purposes ^^ 321
Pleading a conveyance by . . " iii. 143
How lease between landlord and tenant to be construed "305
LEASEHOLD.
LxABXHOLD— Rule where, interest is assigned by way of mortgage . YoL u, 71 Property belonging to testator sold upon credit by administrator
without taking proper security '^ i. 387 Rule as to the interest of partners in, property taken for partnership
purposes . " ii. 333
Bequest of, property on condition to assign part to charity " 80
LEGAGIES.
Lbgacies — What is a legacy .... YoL ii. 73
What may be bequeathed .« 73,74
Who may be a legatee . "74
What will pass by words " household furniture" <* 74, 75
How the term " lend" will be considered * 75
^ What will pass by a devise of a slave and her increase . " 76 Rule where a sum of money is given twice in the same instrument
to same legatee . ** 16 Rule of construction where there is a devise to children and no
definite period for contribution . ** 77 Hule where there is a misdescription of the thing devised ** 78^79 Rule as to a misnomer of the legatee * 70 Conditional or contingent . ** 85—84 Rule of common law as to conditions precedent in regard to per- sonal ......" 88
Rule as to all kinds of conditions in . . . *< 88
Rule as to interest upon ** 84
Specific and pecuniary . ** dl— 86
What is a specific legacy ** 84
What is a general legacy ... . " 84
What is a universal legacy " 84^ 89
General rule as to ^ecuniaiy . " 89 As to whether lanas specifically devised may be sold Bf the p^
pose of paying specific . ''86
Yested legacies . " 8^— 88
What is a vested legacy . . * 86
LB6ACIE8 (coNTIN^U£D).
315
Li« A 01X8— Rule for vestingipf, payable on real estate
Who should have legacy, upon devise to mother for maintenance of her child if the child die < .
Rule as to vesting of, charged upon personalties
A residuary bequest to be paid when legatee arrives at twenty gives a present vested legacy ....
Lapsed and void . .
General rule as to the lapsing of, by the death of legatee
General rule as to lapsing of, charged upon personalties . •
Rule as to, being void for uncertainty
Rule as to joint . • .
Abatement and refunding of * .
General rule as to the abatement of
Ruld as to abatement of specific
Giyen to executor for care and pains, how regarded
Accumalative and substitutional
In what cases will, be deemed substitutional
Principal rule by which to ascertain whether, ave cumulative or substitutional .....
When, are substitutional as to persons . .
In what cases is interest allowed upon
Rule as to interest on, payable at a future' day
Rule as to allowing interest where no time o. payment is specified
Rule as to the allowance of maintenance
Rule as to the assent of executors to
When, are considered as a satisfaction for a debt due to legatee
General rule as to the remedy for the recovery of
When as a general rule are,' payable
Rule as to the fund out of which, are to be paid
Rule where a bequest is in lieu of dower
As to compelling executor to pay, until bond and security is given .....
Ademption of .....
Rule as to ademption of, by the advancement of portions
Specific, revoked or lapsed ....
General rule as to lapsed
Interest of, not expressly disposed of falls in the residue
Sold for the payment of debts
Revoked or given upon a manifest mistake of facts
General rule as to when, will operate as payment
As to attaching; given iofemmt covert in a suit of her husband's creditor
As to attaching, in hands of executor for debt of the legatee
As to holdiig executor as garnishee in foreign attachment for, pay- able to debtor ....
Acceptance of bond of an executor by legatee for the amount ex- tinguishes ....
When are, to be considered vested
When, payable if given and no time of payment expressed in will
Directed to accumulate for a certain period
|
Vol.il. 87 |
|
|
u |
• 87 |
|
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97, 8S |
|
tl |
88 |
|
M |
88—90 |
|
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88 |
|
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89 |
|
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89,90 |
|
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90 |
|
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91-09 |
|
« |
. 91 |
|
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91 |
|
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93 |
|
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02,93 |
|
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99 |
|
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92,93 |
|
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93 |
|
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|
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93,94 |
|
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|
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|
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95,96 |
|
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|
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97 |
|
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|
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97,98 |
|
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98 |
|
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99,100 |
|
CI |
90,100 |
|
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100 |
|
ti |
101 |
|
tt |
101 |
|
II |
167,168 |
|
It |
256 |
|
"466,467 |
|
|
II |
iii 86 |
93
■* 156 "209,211 » 426 >" 451
316
LEGACIES (COITTINUEd). .13ATSMKICT AMD KEFUMDXH^
General rule as lo .
Rule as to specific legacies Legacy given to executor
ACCUMULATIVE AND SUBSTXTUTIOITAL.
In what cases substitutional *
When cumulative
When substitutional as to persons
ADEMPTION OF.
Rule as to, b/ advancement of portions
Rule as to
ASSENT OF EZECUTOE8 TO.
CONDITIONAL OE CONTINGENT.
Origin of the doctrine of ... .
Conditions in will in resttaint of marriage how held
Distinctions between conditions .annexed tb a bequest or to a devise of teal estate . . . . .
Rule of common law as to conditions precedent in regard to personal legacies .....
General rule as to all kinds of conditions in .
Whether condition in a devise is present or subsequent how deter- mined .'.....
|
/ol. |
u. 91 |
|
(i |
01 |
|
'1 |
99 |
|
Vol. |
u. 93 |
|
u |
92 |
|
(( |
93 |
|
Vol. |
u 99. |
|
Vol. ii. |
92,96 |
|
VoL |
u. 80 |
|
tt |
80,81 |
|
u |
81 |
|
I |
82 |
84
Rule as to
LAPSED AND VO/D.
General rule as to the lapsing of, by the death of legatee Rule as to the lapsing of, charged upon personalties Rule as to, being void for uncertainty
General rule as to passing lapsed, of chattels under the general re* siduary bequest . .
PAYMENT OF.
Where as a general rule, are payable
Rule as to the fund out of which, are to be paid
Rule where a bequest is in lieu of dower .
As to compelling executor to pay, until bond and security is given
Given and no time expressed in will for payment
EEMEDY FOE BECOVEET OF.
General rule as to
|
Vol. |
ii. |
90 |
|
Vol. |
ii. |
88 |
|
t4 |
89 |
|
|
U |
89,90 |
|
|
u |
101 |
|
|
VoL |
ii |
97 |
|
u |
97 |
|
|
• |
98 |
|
|
u |
98 |
|
|
w |
ill. |
496 |
|
VoL |
u. |
97 |
LCOATKE LE6I8LATURS. 317
SPCOITIC AND VSCVNIAST.
What is a specific ..... Vol ii. 84
Gflneial rule as to pecaniarjr . ** 89 . As to whether lands specificaDy devised may he sold for the purpose
of paying specific ** SQ
Revoking or lapsing specific . ** 101
VESTED.
What is a vested legacy ..... Vol. ii. 86 Who should have, upon devise to mother for maintenance of her
child if child die . • •* 87
Rule for vesting of, payable on real estate • ** 87
llufc for vesting of, charged upon personalties ** 87, 88 A residuary bequest to be paid when legatee arrives at twenty gives
a present vested legacy ^* 88 When are, to be considered vested Vol. iii. 209—211
LEGATEE.
liX«ATSE--Who may be . . Vol. iL 74 Who ought to be ^nade a party in a suit for contribution against Vol. i. 323,324
May maintain an action of ejectment on the executor's assenting ** 337 How residuary, may be renftred a competent witness in action by
an executor .....** 355 If an executor buy at his own sale the property is held at the elec- tion of . . . »• 385 Rale where a sum is given twice^to same . ** ii. 76 Rule as to a misnomer of .' ** 79 A legacy limited over in case of the death of, is contingent , . " 80 Who become entitled to legacy H dies before day of payment . ** 88 General rule as to the lapsing of a legacy by the death of legatee " 88 Creditors may follow assets into the hands of . ** 92 Not chargeable with interest on property to him which he is obliged
to refund . . . " 62 Where, shall have interest or maintenance . ** 03—95 When legacy is considered as a satisfaction for a debt due to . " 96 Remedy of, for the recovery of legacy "97 When, may compel executor to bring money in his hands into court " 98 As to the right of a specific, to resort to the general fund for remu- neration . . . " 167 As to the subrogation of, to rights of the vender . * ** 182 As to attaching legacy in the hands of executor for the debt of . *' iii. 86 The acceptance of a bond of an executor by, for the amount of legacy
is an extinguishment of it ** 156
LEGISLATURE.
LBaiSLATnRs-*As to acta of, relative to divorce ToL i. 327
Statutes printed by order of •369 State, cannot annul judgments noi deteravne jurisdiction of federal
courts . . • ii. 13
How acts of, to be authenticated . "{1137
318 LBOITIMACT-^ESSSS — ^LESaOE — LETTKRS OF ADMIiriSTRATlOir.
LioiSLATUEs — Acts o( Kpugnant to the constitution «n void VoL iiL 314^ 315
Is to judge of the propriety and necessity of divesting private property
for public purposes VoL iii. 241, 242, 243
Power of, to punish for contempts to what confined . Vol. iiL 324
LEGITIMACY. Lboitxxacy — Of children of a married woman, rule as to VoL ii. iOI, 108
Word ** children" in a devise without other description means legiti- mate ......" 78
Ihbrriage is prohibited between brothers and sisters whether legiti- mate or illegitimate . . ** 146
No man is bound to pay another for maintaining his children whether
legitimate or illegitimate except he has contracted so to do *^ ui. 139
Effect of a Scotch marriage upon, of children of married persons
previously bom . . , . ** 351
LESSEE. Lbsssjc — Who may be a .
As to landloid^s maintaining action of ejectment against his own . Assignment of lease by
As to, obteining relief where buildings leas^ are accidentally de- stroyed, as by fire .....
Effect of, accepting a new lease for same premises during the fisst lease ......
Liability of; for acts of his assignee
Debt will lie by assignee of lessor against assignee of lessee
Debt for rent cannot be maintained against, who has assigned after
acceptance of rent from assignee As to action of covenant between lessor and
LESSOR.
IjSSSOB^Who may be a
Debt will lie by assignee of, against assignee of lessee
Rule as to tenant's right to dispute title of his .
Right of, to demand rent lor the whole term where tenant abandons
the premises ..... Rule of the Roman law as to the right of, to demand rent in case
premises are fortuitously destroyed . .
As to action of covenant between lessor and lessee Cannot bring ejectment upon a clause of re-entry after distraining For what only, can distrain ....
LETTERS OF AD MINISl RATION. IdnTBBS or Admiicistsation — ^Effect of taking out X^ken ont by same person in different states
LETTERS OF ATTORNEY. IdtVfiBS ov Attoutst — To sue for, recover and receive a debt anthor- ixes the attorney to arrest debtor
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LKTT£RS OF CRXOIT OK aUABAKTT — LJBZ LOCI — UABIUTT. 919
LETTERS OP CREDIT OR OUARA5T7. Ljitisbs of Cbbdzt Oft GvABANTT — As to the constraetion of VoL i 189— iii. 186 No one eke can rely on, if addressed to • particubr finn Vol. iiL 211
How, to be ooDstnied if written in the United States and addressed
to a house in England . " 430
LETTERS PATENT, Lbttbbs Patbht — Writ of iarc/aetM for repeal of . YoLi. 186
General rule of presumption as to . . . ** 397
LETTERS TESTAMENTARY. IdBTTXBS TxsTAXxicTABT-r-Refusal by court below to mle party to
giant oyer of ..... Vol. ii. 41
LEX DOMICILIL foEK DoKicii.li — When persons who are to take by some general desig- nation in a will to be ascertained by Vol: L 323 .
LEX FORI IdDL Foai — As to the applkatioB of . . VoL i. 299—242
When must prevail * ii. 130, 195
LEX LOCI Xix Loci— All contracts as to their nature, 'validity, and constractioB
are governed by . Vol i. 84, 237
Where bill will be payablo if drawn in a foreign country depends
upon the reference in the contract to . . * 120
Where the intention of parties to a contract is doubtAil or not
readily pereeived reference is to be made to ToL i. 230, 231
As to the application of Vol. i. 230, 249-*iii. 71
When persons who are to take by «ome general designation in a
will to be ascertained by . Vol L 392
When Uxfirri vnll prevail over " ti. 155
LEX LOCI REI BTHM. liBz Loci Rbi Sita — When, prevails over the law of the domidl witii
regard- to the nile of prefsrances . ToL In. 54
LIABILITY,
til ABILITY — Of principals .... ToL 1.32— 38
Whence do liabilities of principals arise . ** 32 Whatare the liabilities of principals to. agent ** 33
Upon what two facts the liability of principal depends . ** 84 Ofprincipalforacts of general agent ** 35
Personal^ of agents ** 38— 40
When agents become personalty liable . *< 38
Toexcusehimselffrom, what agent must show . " 38 As to, of &ctor in case of robbery, fire, or other accidents! dunage ** 30, 42
Of agent for paying over money after notice '* 40
320
LIABILITY (continued).
Liability — Of agent for disobeying instnictionB
Of endorser of note for fees of protest
Of persons signing note as guardian . . . .
As to agreements by officers of banks that an endozser shall not be liable on bis endorsement binding oank .
Joint, must be proved on a suit against survivor of two joint maken ofnote ......
Of drawer discharged by laches ot holder .
What the maker or endorser of i.ote is liable to pay
Af to dischaiging endorser from, by the bank failing to give notice to drawer that drawee was not to be found when called upon to accept .....
- Effect of an acknowledgment of, by endorser after knowledge of his discharge by laches of the holder . ^
Of bank for fiiilingto make demand of payment of bill held for col- lection .....*
"What, of the accepter grows out of . . .
As to, of a surety being the same as an endorser's
As to, of principal or surety in a bond .
As to, of vessels sailing ignorantly to a blockaded port .
Who are and are not liable as carriers
Duties and liabilities of carriers . . . **
Common law rule liabilities of carriers
Of carrier where goods are embezzled
What must there be to render a carrier liabjp
Asto, of carrier for delay . . . . .
When canier will be liable for loss
Of carrier who is stalled in a foid ....
When, of carrier commences ....
When an innkeeper is liable as carrier
Of carriers for wrongful acts of strangers in regard to property bail- ed to them for transportation ....
Of carrier for acts of his servants or agents
Of master employed in river transportation
Of carrier for loss of box or parcel though ignorant of its contents
Of carrier for loss in case he deviates from voyage
How carrier's, may cease ....
As to whether destruction by fire will discharge carrier from
Of carrier for refusing to carry ....
As to proof of usage relative to delivery of goods exempting canier from . . ...
Of owner, if vessel is let to master on shares
As to carrier being exempt from, by notice
As to, of carrier for loss of goods thrown overboard to listen ship or boat and preserve life ... ..
As iOt of carrier for loss by perils of the sea .
Of eoach proprietors ^ .
EffiMt of notice upon, of coach proprietors .
When wife of absent husband becomes liable as ajlwn sole
. Vol. i. 41, 43 « IW
106
lib
119 114
119
198
199
135
" 143
«* 149,150
« IM
Vol. i 197—160
« 160—172"
Vol i. 160
161
161
« 161
"161,162
«l61.ie2
« 162
•* 162
162'
« 163 "163,164 " 164 " 165 "167,172 « 167 « 168
" 168
168
"]66,16t
171,172^
173
V>Li. 179^183
183—18^
. VoLL2D8.
r J ABILITY (cO*NTL\UEd).
321
LiABiUTy — Of fFeig«.ter who covenants to load cargo
As to, of infant for wilful trespass
Jointf for the whole bill by persons who dine together at a tavern
Personal, of corporations and their agents
For costs in the event of snit will disqualify witness .
Rule as to, of joint execntors for each other's acts
Of an administrator who distributes the fund and it appeslrs after- ward that others were entitled to a share thereof
Of an executor for gross neglect ....
As to exempting an estate from, by the executor*s giving' his own note for a debt due by the estate
General rule ai to the rights and liabilities of husband
Of an infant on bill of exchange accepted after he was of age though drawn before
Of infiint with respect to torts
Of an innkeeper ....
How an innkeeper may limit his .
Of the assurers in case of loss by fire .
Rule as to, of underwriters for loss by capture
Rule as to, of insurer if voyage be broken up merely through fear ' of capture ....
Of insurer for the mortality of live animals
True mode of ascertaining underwriter's
As to, of pawnee ....
As to pawned goods being liable to execution .
Of pawner in regard to title of the thing pawned
Rule as to, of corporations for committing nuisances
Rule as to the liabilities of parents for their children
Of dormant partner . .
Rule as to, of mere nominal partners
Of partners for acts of co-partners
Of partners for purchases and pledges effected in firm . * . .
How far a firm is liable for the acts of partner in regard to negotia- ble paper .....
General rule as to, of firm upon a guaranty given by individual partner in the partnership name . '
Of firm for frauds of co-partner . . , *
Rule as to, of firm fer torts committed by one partner
Exemptions from, when contract is under seal
Exemptions from, where contract is several in law or in f d '
Rule as to, of firm Sat contracts of partner in matters unconnected with the partnership business . . '
General rule as to when partnership liabilities commence
Rule as to, of an in-coming partner for previous debt* of firm .
Rule as to, of infant partners upon coming of age
Rule as to, of party who buys out share of partner
Rule as to, of a retiiing partner
Effiict of notice of retirement upon reti ing partner's 41
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280 |
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" 532
"533,534
581
Vol. u. 230,231
"233,234
234
"279.2S0
"290,291
« 300
"348,349
Vol ii. 350—352
of
" 352-357
357—361
,361—364 364r-367 ' 367,368 368—372 372— 3S2
374—378 Vol. ii. 382
« 384 « 384 "385,398
322 LIliBL.
Liability — Rule as to, of retiri!^^ doi-mant partner . YoL ii. 3$5— SS'
Rule in equity as to, of deceased partner*8 estate for debt of the
concern . " 402—404
Extent of, of obligors and sureties in a bond YoL ii. 417
What necessary to discharge bail from ..." 522 Rule as to, of tenant for rent where premises are Yortuitously de- stroyed . . « 534 Rule as to, ofs&erifffor taking insufficient bail ^* S7S How far sheriff are liable for negligence in execution of process " 578, 579 How far sheriffs are liable for acts of their officers " 539 Rule as to the measure of damages to which sherifTis liable for acts
of his officers . . *» 580
Rule for assessing damages against sheriflfin case of escape . " 580
Rule as to, of part owners of ship . " 592
General rule as to, of captain for liis conduct in the ship . Yol. ii. 597 — 599
Of master and owners for goods embezzled on board , YoL ii. 663
Rule as to duties and, of the captain towards passengers ^ 666
Of sureties, general rule as to YoL ii. 698— 701
Effect of a discharge of one surety upon liabilities of his co-surety Yol. ii. 708 Assignments of bonds and liabilities of assigners on their assignments " . iii. 61 Of trustees to be called to account . . " 82
Of sheriff* who takes goods by virtue of domestic attachment . " 84
Who are liable to foreign attachment . . ** 84
What property is liable to foreign attachment ** 84
Garnishee's rights and liabilities . ** 86
Asto, of books of account to attachment "87
Duties and, of attorneys . Yol. iii. 107— 109, 267, 268
An equitable, of the promiser is a sufficient consideration to sup- port an express promise .... Yol. iii. 117 As to proprietors of stage coaches limiting their, by notice . " 139 Of executors YoL iii. 154— 156 Effect of an acknowledgment of, by defendant . YoL iii. 177 Of banks ..... YoL iii. 294— 296 Mortgage given to secure an existing or future YoL liL 433 Ofareconleryfdeeds . " 434 Of a mortgagee of a ship .... "435,468 How statutes affecting rights and liabilities should not be construed " 476 Sureties on a bond are liable for all the principal is . . ** 476
LIBEL. Libel- What is ..... YoL ii. 102— ia^ 428
General rule as to what amounts to . . . YoL ii. 102^10?
As to the necessity of stating facts which constitute claimant's de- fence in case of . YoL i. 12 What libellant must prove in suits on bottomry bonds . " 153 Rule as to the admissibility of character in evidence in actions for . ** 375 Rule as to lemot'al of causes in actions for . . "i<.51,fi2 What necessary to support a, or information in ran . " 60 "What will amount to a publication of . .. . ''103
LIBBRARI F4CIA8 — LICEITSB — UBH.
LiBsi^— Genenl rale as to the justification for publishing . What necessary to state in declaration in an action for What if^ be written in a foreign language . What required to be set forth in an indictment for What necessary for the prosecutor to prove in actions for Rule as to proving malice ..... What evidence defendant may adduce in mitigation . Rule as to excessive damages . - .
Rule as to the juri^iction of federal courts in cases of As to joint actions against libeller .... The judge is^ot bound to tell the jury whether the matters are libel
or not . ^ .
It is the province of the jury to determine import of language used
as to whether it be libellous or not
VoLiLlM
"104,105 « 105 " 106 " 106 " 106 "106,107 ** 107 " 107 425
" iii.211
« 428
LIBERARI FACIAS. LiBBftABi Facias — Sheriff's return to a writ of
Vol. ui 212
LICENSE. LiCEMSs — What will invalidate .....
As to selling, or pass from a public enemy to guard vessel against capture .....
Effect of the royal license to an alien enemy to trade
What is incumbent on a person insured under, to show in order to
bring himself under its protection What requisite to obtain, for carrying on the coasting trade or fish- eries ......
Duties of captain to provide vessel with license to sail As to physician maintaining an action for medical attendance with out depositing a copy of his, in the clerk's office
LIEN.
Lisif »What is a lien in its general legal sense
Upon what the priority of the United States depends
General rules of the supreme court as to
What right is conferred by general, by judgment
By express contract and by operation of law
Of an attorney, general rule as to
How are liens divided ....
What is a general ....
Rule of the common law as to vender^s, upon lands sold .
How, created in equity .
Effect as to, where deeds are deposited for the purpose of giving
credit ......
Effect of an order to pay a debt out of a particular ftind
Rule in equity, where one has a lien on two funds and another has
a posterior lien upon only one of them . How are liens extinguished ....
As to assignment of . . • • •
Vol. I 469
254 468
468
« u. 587 « 625
" ia.452
. Vol. ii 107
"107,108
VoUi. 108—111
Vol. ii. lU
Vol. ii. 111—115
" 111—112
. Vol. ii. 112
Vo1.l46— ii. 112
. Vol. u. 112
" 113
113 113
114 114 115
124 LiEv (continued).
Ijvii— oAfsnf s right to
VoLL
. Vol.L47,49
General, created by agreement
How agent may waive his right of
What necessary for the creation and continuance of
Factor's, upon the price of goods s *M
Tailors or dyer's ...
Bfille'rs, printer's, o^: wharfinger's
Of a person finding goods .... ** 49
Upon what general, for balance of a::count8 is founded . . "48
How general liens are looked upo*« . ** 48
Agent's, by the custom of trade . . ** 4$
Agent's, for general balance of ace >ints ... ** 48
What must have been the usage of trade sufficient to establish a
general . " 49 Possession of goods necessary to create "49 Cannot be acquired by wrongful possession . " 49 How factor's, may be destroyed . "49 Factor's, for general balance . ** 50 Factor's, on the price Of goods sold, though he has parted with pos- session . " 90 How far an attorney's, extends . " 50, 51 Dyer's, for general balance . . " 51 Banker'4, on paper securities "51 Effect of bankruptcy of principal upon agent's . . " 53 Vender's, who sells for a note in case of bankruptcy *^ 135 Tradesman's, on foreign ship lying in port of the U. States for repairs " 152 How owner of vessel may create an admiralty . . . " 155 Carrier's, upon luggage or baggage of passenger for his fiire " 1 77, 178 As to notice of, binding purchaser .... "239,270 Created by judgment, modem doctrine as to . YoL ii. 21, 22, 23 When, by judgment commences upon property . VoL ii. 22 Judgment is no lien upon an estate for years . "22 Revival of judgment by scire facias creates no new lien . . " 23 Effect of the stay of execution as regards "23 OfaUndlord . . " 72 Rule in marshalling securities for debts where parties have " 1 69 Gttieral rule in equity as to, of vender upon real estate sold " 180,181 Rule of the civil law as to, of vender . , " 182 Rule in the English law as to what will amount to a waiver of^ of
vender "183,184
General rale as to, of partners upon the partnership property " 324
Ship owner's lien for freight .... "614,676
As to mastei's, on ship for wages . " 627
As to mastei's, on freight for his wages "628
Mariner's, on ship for wages ToL ii 644—647
Mariner's, on freight earned for his wages due "647 As to seizing mariner's ..... "647,648
As to superseding, of fiict :r by an attaching creditor . " iiL 80
Of residuary legatees . . ** 344
LIMITATIONS) STATUTE OP. 325
Xiixn-^Of an inn-keeper ..... 761*10.197 An attachment is a lien upon a note in the hands of a garnishee
whether due or not "80
As to attorney^ on judgment recovered for his costs . . " 111,112 Eveiy bailee who has conferred value on specific chattels bailed to
iiim by labor or skill has a lien on them ** 129
To what the lien of &ctor for advances incurred extends ' **■ 130
How lands lying under a judgment, must be sold " 416 A finder of lost property has a lien and in case the owner has offered
a reward may retain possession till reward is paid " 428
LIMITATIONS, STATUTE OF.
Limitations, Statute of — In what, have their origin
What character of possession necessaiy to vest a right by
How statutes of, are considered in equity .
As to what facts are sufficient to constitute an available advene
possession ..... Rule as to adverse possession between landlord and tenant How the possession of an agent or bailee is held How the statute is applied to cases of dower When the statute is a bar to a demand by one tenant in common
against another ..... Rule as to tacking possession so as to raise a prescription Rule as to a bond .....
Rule as to banking corporations ....
General rule as to trustee and cestui qut trmt Does not bar a technical trust created by contract Statute does not run in case of voluntary convejrances void against
creditors . . « 119
As to a trust for the payment of debts in a will of personal estates
preventing the operation of . . . " 119
Is no bar to a widow's claim for dower . ** 119
How the statute is applied to merchants' accounts . " 120
Construction of the words ** beyond the seas'' in the . ** 121
General rule as to when the statute begins to ran . ** 191
When, commences running in favoi ;f sheriff in an action for not
duly returning a writ . . "122
Rnle for running of, in actions fiir negligence' or mistake " 122
Rale as to promissory notes payable on demand ** 122
Rule as to sureties who pay for their principals . *' 123
When, commences running in cases of usury . ** 123, 124
Rule in cases of fraud or mistake . . " 124
Causes which arrest or suspend the statute . YoL ii. 124 — ^128
How prescription to things may be interrupted . Vol. ii. 124
What the effect if there be error in the process . " 125
General rule as to reviving an obligation barred by statute by an
. acknowledgment or new promise . . . ** 185
Doctrine as to the effect of the acknowledgment of joint debtor '* 120
*■ Rule as to the effect of a devise* to avoid the statute . *^ 127
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" 116 |
|
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326 LIQUIDATED DAMAGES UQUIDATION.
LiMiTATions, Statut* oF^What is the rule in equity as to the plea of Vol. ii. 126 Rule as to the effect of an acknowledgment of an execntor or ad- ministrator ..... ^ 126 Role as to the effect of fraud in preventing the statute from running ** 127, 128 What is necessary to allege in the declarjition where it is intended
to avoid the statute . " 128 Rule as to the plea of .....<< ^128
Rule as to replications . « 129
In what light, are generally looked upon . ^ 129
Rule as to, of foreign countries and sister states ^ 130 Rule as to the running of the statute where there are two or more
interested ...... "130,131
Nothing short of, or payment or release or an express declaration of
holder will discharge the acceptor . . . ^ i. 74 Isahar to an equitable right by analogy w..>»n at law it would
operate against a grant . " 190
Effect ofa plea of, in chancery . . '^193 A written contract by executor to^pay debts of testator barred by,
is without consideration . . " 215
Mortgages are not within the statute " ii. 239
Is a good bar to a bill for an account . . " 343
How plea of| is only admitted in equity . . . ^' 344
What are the forms of pleading .... "480,483
A stipulation not to plead, may be used in support of money counts " 4£1
Plea of, will not be Allowed on motion in place of plea of payment " 482 Fraud when relied on as an answer to, cannot be presumed but
must be clearly proved . " 482
The statute may be pleaded to an action of adultery or seduction "■ 483
To prevent the operation of the statute part payment must be proved ^ iii. 212 As to verbal acknowledgments within six years of payment being
sufficient to take the case out of the statute ^ 213
Courts of equity in many cases prevent the bar of the statutes . '* 214 Against sheriff* for taking insufficient sureties in replevin, when
commence . . ** 236
Garnishee's right to defend himself by . . *^ 420
What not necessary to take a contract out of the operation of ^ 429
LIQUIDATED DAMAGES. LiquiBATXD Dam Aoxs — Sum specified in the condition as the measure of damages to be paid by party failing in the performance will be considered as, and not as penalty Vol. i. 148
LIQUIDATION. Liquidation^ As to partner's right to claim, and settlenrfint of partner- ship concerns ..... Vol. ii. 409 A debt is liquidated when it is evident that it i^ due and to what
amount . . . ** 075
A disputed debt is not liquicated /ind cannot be opposed in com- pensation • 57:%
LIS PENDENS —LITIGATION LOAN — LOCAL LAW— L098. 3i7
Liquid ATion — Debts opposed by way of compensation must be liquidated Vol. ii. 575 Effect of authorizing either of the members of a firm upon dissolu^
tion to use firm name in, only of past business . ** iiL 443
LIS PENDENS Lis PxMDBNs — ITpon what the doctrine of, rests . Vol. ii. 131
Application of the doctrine of . . ** 132
"When, sufficient notice to purchaser that he had no claim to hold
such property "132
LITIGATION. Litigation — As to litigating matters once submitted to arbitration Vol. i. 02
Jurisdiction of equity to put a bound to vexatious . " 342
Injunction to prevent the wasting of assets or other pre{)erty pending . ^ 464 Persons buying the subject of, take it subject to the claims of com- plainant ..... Vol. iL 131, 132
LITIS PENDENCIA Litis Pbmdjencia — What necessary to support a plea >f . VoL ii. 483
LOAN Loah — What constitutes the essential difference between a bottomry
bond and a simple ..... Vol. i. 1C4
As to a loan of stock being within the statute of usury . *< 244
If a mortgage be taken on a loan of money including a former usu- rious loan, it is void . . <* 246
How note endorsed foraccommodation of maker and passed by him
as security for an usurious loan, will be held . . " 247
Where money or goods are obtained by fraud on a creditor the
lender or seller may tre^t the loan as a nullity. "407,408
How joint loans are considered in equity . ** ii 349
LOCAL LAW. Local La w — ^The heir testamentary not admissible as heir unless duly
qualified according to the principles and forms of . VoL i. 301
Of a state can never confer jurisdiction on courts of the U. States " ii. 13
What suits must be brought within the period prescribed by . ** 130
As to letters of guaranty written in the XT. States, and addressed to
a house in England ^ iu, 430
LOSS.
Lo ss — What a total loss within the meaning of a policy of insurance VoL i 543 Rule as to^he quantum of damages that may constitute a technical
total loss ....... *< 543,544
In what a technical total loss originates . * . <* 544
'^thin what time after notice of, abandonment must be made ** 545
To constitute a right to abandon there must have existed a total ** 545
In what case the right to abandon for a technical total, exists ** 546
Hnleofcontributionfor, by collision "560
Rule for yaluation of goods in adjusting a general aveia^> ** , 973
^^^ LOSS ^COMTINUEOj.
^oK8 — Rule of adjusting partiaL ..... ToL L S8BI
DistinctioDB taken in the books l)etw6en particolar arerage end
partial . « 681
Rule for adjusting salvage ** 9B3 Occasioned by unauthorized disposal or adventure of principal's
money is chargeable to agent . . " 43 When responsibility of an agent not confined to loss of hi« commis- sion ......" 45
When factor is liable to his employer for the loss of rents ** 46
When loss of note may be proved by plaintiff's own oath . " 101 When bank must support, if forged check is entered on bank book
of holder .<*!«&
When presumptive evidence of, of note will suffice . ** 143
As to liability of carriers for losses other than by inevitable accidents " 1 59 Whether, happened by perils of the sea or negligence is a question
for the jury ....." 160
As to liability of carrier for, if goods are sent by a different convey- ance from that implied . . . " 161 As to carrier^ liability for, if the goods are improperly placed on
deck ......*" 16^
As to liability of carrier if^ occurs he having made no inquiry as to
the contents of the box, &c. . ** 164
If carrier deviates from the voyage, he is responsible for all losses " 165
By fire, how considered in Scotland ** 165
It does not lie on the employer to show how, vras occasioned " 166
The law presumes against carrier in case of ** 166
How, by piiates held by the Roman law . " 179 Occasioned by rats at sea how considereo ..." 173, S9*
How, by worms is considered . . •** 172
What are losses by the act of God <* 174 Occasioned by a sudden change of wind is deemed a loss by the a<5t
of God . . « 17i What understood by king's 'enemies in regard to carriers, with re- spect to losses ** 114 If carrier loses goods he is entrusted to carry, what action lies
against him . " 175
Action against porter for "17^ Action of trover will not lie against carrier for goods which have
been lost . '^ 176
How a wagoner is held for, by accident on the road . "189 Effect of canier*8 promulgating notice to the world that he would
hM be liable for losses . " 185
It is equity that he should have satisfaction who sustained ** 187 As to one of several p'aitners being entitled to assistance of courts
of justice to compel an account of profit and . . ** 250 To jrhom testimony which establishes the loss of a piper is ad- dressed "377 As to liability of executors and administrators for VoL L 886 Hi, 155^ 156 Effect of the words **lost" or "not lost** in policy . • 470
LOTTERY* TICKETS ^ 329
|j08t— AVhat understood by an open policy of insurance against Vol. i. 483
What if insurance be effected upon ship or goods afler intelligence ^
has been received of . . . . . ** 494, 495
liability of underwriters if, has taken place before the subscription ** 501
As to the insured recovering for part of damages incurred previous
to, within the description of warranty ^ . " 504
Liability of ship owner or agent for, for negligently allowing vessel
to become unseaworthy .... ** 506, 507
As to liability of underwriter for, if pilot cannot be procured . ** 508
What losses come within the words ** perils of the sea** . ** 520
Rule in ascribing, to a particular peril . . . ^ 520
By collision without fault is a lo^s by perils of the sea . ** 521 ,^522
Ship fired into and sunk by a land battery not considered as lost by
perils of the sea . . . ^ 524
What if a ship supposed to be lost re-appear after the underwriters ^ have paid .....
When, presumed in case of missing vessels
Rule as to losses by fire ....
Meaning of the claus^ " lost by enemies'*
Rule as to the liability of underwriters for loss by capture
In what case, is properly ascribed to capture
Rule as to, by jettison
What understood by double assurance against ^
Rule as to the right of mortgagee to claim the benefit of policy un- derwritten for mortgager on mortgaged property in case o^ by fire .
As to liability of pawnee in case of
Action against bailee for negligent
A partner may agree to take a part of the profits and not be ac- countable for any part of . . . ** 301
Toxharge a person as partner he must have participated in the
profiUor *< 346
Upon whom, falls when a thing sold is destroyed by unforeseen ac- cidents . *' 083
Rule as to the liability of tenant for rent in case of loss by fire *' 534, 535
By whom, to be borne in cases of collision . Vol. 11.683—^685
If an attorney be deficient in skill or care by which a loss arises to
client the attorney is liable .... VoL iii. 108
ronrts of chancery give relief in case of lost or destroyed bonds,
notes, &c. .....** 120
As to liability of vender of a diseased horse for, of other horses of
vendee . . ^. . « 176
Effect of the insertion of the common memorandum in a policy
as to ..... VoL iii. 403-407
Insurer refusing to pay, where there is, by fire upon insured pro- perty ...... Vol ill 412
LOTTERY TICKETS.
LomftT TioKBTs — When contracts for the sale of; are void . . VoL i. 253
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LUNATICS AWD IDIOTS — MAGT8TRATE — MAINTENANCE.
LUNATICS AND IDIOTS.
Lunatics and Idiots — Who in law are consicered to be lunatics . Vol. ii. 132
On whom the law imposes the proof i n a matter of lunacy . " 1 32, 1 33
General rule as to contracts and other obligations entered into by ^* 133 Rule in regard to the manner in vhich suits are to be instituted and
defended by lunatics .... ''133,134
General rule as to the commissioi. of lunacy . " 134
As to the effect of the inquisition . . "* 134
Rule as to who may be a committee . . , ** 134
Jurisdiction of courts of chancery to protect rights of lunatics, &c. " i. 186
i)i8 to contracts of lunatics being voi.^ . . . " 203
As to the inquisition being coDclusivv evidence of lunacy " 203
Bonds or other specialties are not binding upon " 205 That the defendant was a lunatic at the time of delivery of deed
may be shown under the issue of non est factmn "- 361,363
What if a lunatic have lucid intervals . . ." 442
Are incapable of entering into the marriage contract . '* ii. 146
Lunacy of one partner sufficient for chancery to cause dissolution " 395
Suit brought by a lunatic under guardianship shall abate ^' ilL 14
As to lunatics making a will in a lucid interval Vol. m. 197—199
MAGISTRATE.
Magistratk— As to excessive bail required by . ... Vol. iii. 285
Dismission of a warrant by, is prim&facU evidence of want of proba- ble cause . . " i. 136
As to barring wife of her dower by conveyance in which she joined
her husband, if not previously examined by . . ** 330
When examination of a soldier before, touching his settlement, u
made evidence on an appeal by mutiny act . ^ 367
Bond signed in blank and filled up by, afterward is void . " iii. 88
Clause in policy of insurance requiring certificate of . . ** 412
MAGNA CHARTA-
Maona Chahta— As tothe law ofdower Vol. L 328
MAINTENANCE.
Main ten am ex — Rule as to the allowance of . . . Vol. ii. 95 Rule upon a devise to mother for maintenance of her child if the
child die . . . . . " 87
When an annual sum given for, takes effect "97
Who are children's natural protectors for . ^ , ** 989
When court of chancery will allow for . * 291 How husband may become liable for, of child of wife by former
husband . / 3W What the allowance for, will be, where upon decree for divorce, the
children are placed by the court under the charge of the
mother . . « iii 143 Where complaint for, of bastard child may be brought if both pai^
ties to the complaint live within the state " 296
MAKER ^MALFKASAWCE MALICE.
331
Maibtbh aho — As a general rule courts of equity will not go beyond the income of ward's estate for his, and education It is a contempt of court to disobey orders in relation to, of infant
MAKER Makbr — The Assignment of part of a demand due on note gives no right of action to assignee as endorsee against .
What demand necessary to charge endorser where, has removed in- to another state ....
If note be made payable at a particular bank no demand on, is ne- cessary to charge endorser
Demand of, by cashiter of bank where note was left for collection sufficient, though he had not the note with him
Is entitled to all the business part of the ^hird day to make pay< meat .....
What holder must do if there be no other evidence of maker's resi' dence than the date of the paper
If note be made for accommodation of endorser he is not entitled to notice of non-payment by .
Note voi^against, may be good against an endorser .
What alteration of no^e by, discharges liability of endorser
Joint liability must be proved against survivor of two joint makers
When debt will lie by payee against .
Of note may prove its execution .
Notes taken up with endorser's name in them are |)n'ma/aae evi- dence of payment by ....
Effect of an agreement by payee to forbear to sue
Duty of holder in case, has absconded
Rule where, removes into another jurisdiction, after execution of instrument . . . .
As to the fact of an endorser taking mortgage from, to indemnify him dispensing with demand, protest and notice .
MALFEASANCE. Malveasance — Action against directors of banking corporation for ^
MALICE.
Kauce — Rule as to proving ....
What is evidence of prisoner's, against the deceased in trials lor
murder ... By murder we understand the wilful killing of a subject through When the law will imply .... What has been held to be murder out of Malice aforethought is necessary to constitute murder What constitutes m^Aice pnpense malicia pracogitiUa . General presumption as to, in cases of homicide Not presumed in every case where there has been an old grudge By whom, or the want of probable cause to be determined When the want of probable cause is evidence of
Vol. iii 388 " 390
Vol.i. 86 « 87, 127 " 87
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932
MALICIOUS PE;SBCUTI0N — ^MANDAMUS — ^MANSLAUGBTER.
MALICIOUS FBOSECUTION. Malicious Prosecution — For what the action of, will Me By whom malice or probable cause to be determined What necessaiy to allege in the declaration for . General rule in regard to the evidence in . As to an averment in the declaration that prosecation was fidw and
malicious being sufficient in actions for . The want of probable cause is evidence of malice V^at the question of probable cause should be submitted to the
jury upon .....
MANDAMUS Mandamus — What defined to be ....
General rule as to when, will lie
Greneral rule as to when will, not lie .
General rule as to granting, to inferior courts
Will not be awarded to compel an inferior court to punish for con- tempt .....
Power of supreme court to issue, to circuit court commanding it to sign bill of exceptions . *
The refusal of a judge of district court to set aside judgment by de- fiinlt is not a proper cause for .
What the writ of, is subject to .
General manner of awarding . «
Rale as to the time within which, must be moved
Rule as to the form of .
Rule as to the return to ....
Appellate jurisdiction of supreme court may be exercised by
Rule as to the authority of supreme court to issue
Rule as to the power of circuit court to issue .
Writ of, is the only remedy for the recovery of a salary fixed by law and payable by the state treasurer
MANDATE. Mamdatb — Issued by the supreme court revising decree of an inferior ■ court .....
Where Ihctors accept, to receive produce and make insurance, they are bo ind to pay their draft upon it
manor:
Uavos — Ejectment lies for a
MANSLAUGHTER.
IfAlitLAnoBTER — What must appear to reduce homicide to
What the true criterion to distinguish homicide upon duma miAy, in self-defence from . . . . ,
What circumstance will make involuntaty, amount to murder . Where a person practising medicine is grossly negligent or criminal- ly inattentive and death ensue in consequence, he is guilty of
7ol. iL 139
" 135
136
136
« i. 11 ** ui.430
" 431
Vol u. 137
"137,138
138
«138,I39
139
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« 140 39
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496
MARINE ^MARINKR. 33S
^xs&AiiOHTXB^Distinctions between, and murder Vol. i. 438^430 A chemist \rha negligently supplies a wrong drug, and death en- sues in consequence, will be guiltj of . . '^ 438 If a man be greatly provoked a nd immediately kills the aggressor it is ** 430 How, on a sudden provocation differs from excusable homicide m
defmdemio . . . '' 439 Party causing the death of a child by giving it spirituous hquors un- fit for its tender age is guilty of . . . « 444 IHiat a good plea to an indictment for . . "* ii. 520 If a master strike a mariner without cause and death ensue, he will
'be guilty of. . . . . " 649 What constitutes, when the j&cts are ascertained, is a conclusion of
law and not of fact ..... " iii. 310 A conviction for, is sustainable though there has been no coroner's
inquest . • . . . "431,433
MARINE.
Mabui E — Interest requisite to a bottumry loan VoL i. 154 What is, insurance .....*' 467 Courts of common law have concurrent jurisdiction with courts of
admiralty in certain, torts . . . . ** ii. 59
MARINER.
llASiivsXr— Who are included under the term Vbi. ii. 629
How, shall be treated by master and officers ** 619, 634
Liabilityof master for discharging, without just cause "619,620 As to the right of master to punish . VoL ii. 620, 621, 622 What the laws of the United States provide with regard to shipping
articles of ...... VoL ii. 629
As to, abandoning vessel until the vo3rage is finished . "634,635 Absenting without leave and refusing to return amounts to de- sertion ......" 635
As to punishment for absence by . VoL ii. 635, 636, 637
As to master rescinding contract of . . . VoL ii. 636
English statute law relative to forfeiture for desertion by . " 637
Infants or apprentices cannot enter into mariner's contract " 638
As to master's discharging, before the completion of voyage "638,639
When wages of, are subject to general average . "640 ffiekness or disability accruing in service of ship will not interrupt
wages of . . " 642 Not entitled to be cured at expense of ship if sickness is occasion- ed by debauchery or crime ... * ((43 lien of; on ship for wages • . " 644 Civfl Uw as to, lien for ^ages .... "645^646'
How lien of, may be lost ... ** 646
Ab to lieA of, for wages due on freight earned by vessel . • " 647
A»to seizure of mariner's lien . . . . « 547
Ho particular mode or instrument prescribed by maritime law fi>r
the punishmert of . . • . " ^ig
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334 MARITAL RIGHTS — MARITIME LAW — ^MARKET OVRRT— MARUAGS.
Mabihsb^— Ab to an embai^ disiolTingf, contiact Vol. ii. 649
Remedy against master for assaults, batteries and imprisonment "64S,649
[See Seamen]
MARITAL RIGHTS. Marital Rights — Of husband to property acquired by wife Vol. i 453 — iii. 193
MARITIME COMMERCE. Maritime Commerce — Law of ships and
MARITIME LAW. Maritime Law — Contracts of insurance made in opposition to, are void Mariner's lien on ship for wages by No particular mode or instrument prescribed by, for the correction
of seamen What understood by salvage in . . .
MARKET OVERT Market Overt — What is understood by Rule of the English law as to sales in Rule as to, in the United States .
MARRIAGE. Marriage— How, is defined .... Vol. ii. 141 in what light the law considers . •* 142 General rule of law as to the form necessary to constitute, contract 142 What were the forms of, under the Roman jurisprudence . " 14^ 143 What are-the civil disabilities to contract "144 Rule of common and civil laws as to the age of consent to " 144, J 45 What effect fraud has upon the contract of . . " 145 Procured by abduction, terror and fraud, will be annulled ** 145 Rule as to the disability of insanity or unsound mind . ** 146 Rule as to the disability arising from consslnguinity and affinity " 146 Effect of an incestuous . " 147 Rule as to the disability arising from corporeal infirmities " 147 How rule of disability by reason of former, is applied . *• 147 General rule as to foreign .... Vol. u. 14S— 950 General incidents of law as respects personal capacity of the bus- band and wife • Voi.ii. 150 General rule as to what amounts to vested rights in virtue of Vol. iL 151 — 153 "Efkct of foreign laws upon the incidents of, celebrated under them Vol ii. 153 General rule as to the effect of a change of domicil upon rights of
husband and wife . *' 153 Role where, has taken place under an express contract Vol. ii. 154—156
Role as to what constitutes the matrimonial domicil VoL ii. 156 Rule in case neither of the parties have a domicil in the place where
the marriage was celebrated * 156, 157 As to settlements and agreements before VoLiL 197-- 161
In what light, articles are considered Vol. ij. 157
MARRIAGE ( CONTINUED).
3S
Makuagx — Rule as to mistakes in, settlements VoL U. 160
Rule as to the capacity of parties to rescind marriage articles after . ** 157 Infants may contract by, articles or settlements and such contracts
will bind them when of full age .- *' 157
General rule in equity for constniing trusts raised by, articles . " 158 Distinction taken in courts of equity as to parties in whose fitvor
they will decree a specific performance of^ articles *' 158, 159 What necessary in, agreements in order to protect property Irom
claims of creditors . ^ . ** 159 What must concur in order to render ante-nuptial settlements
fraudulent as to creditors * . . ''160,161
Effect of a secret settlement by a woman on the eve of ** 161 Rule as to the validity of post-nuptial settlements made in pursuance
of ante-nuptial agreement . "161,162
Effect given to voluntary settlements as against grantors '* 162, 163
How voluntary settlements are considered as to creditors ^ 163 (jeneral rule as to decreeing the specific execution of, articles in
favor of volunteers . . "163 Of promises to marry and the remedy for non-performance Vol. ii. 164^-166 Rule as to who may maintain an action for non-performance of
promise to marry . « VbL ii. 164
Rule as tp infants maintaining action for breach of promise of . " 164 ^What necessary to allege in declaration in action for breach of
promise of . . . " 164 Rule as to when action fbr breach of promise of, may be maintained
if no time is expressed in promise . *' 164
Rule as to the evidence necessary to support a demand "164)165
What will amount to a good defence to action for breach of promise of " 165
IVhat is the rule as to damages for breach of promise of . . " 165
What circumstances will be taken to aggravate the damages . " 165
Whatmay be shown in mitigation of damages . . "165^166 Ab to husband and wife dissolving the relation of| so as to allow the
latter to contract as Kftmm^ sole . *• i 206
Effect of sentence of a court of competent jurisdiction annulling " 200 A promise by a father to his son to provide for him certain property
on, by gift, is binding ....** 213 A contract to marry must in general be reciprocal and obligatory oa
both parties . • "228 An action on contract to marry may be maintained by a man against
a woman . _ . . " 228 An engagement to marry is binding although no precise time for com- pleting it is agreed upon . t . " 228 Pre-engagement of defendant to another person forms no defence to
the action . ,. . "220 A promise to marry made by defendant in consideration that plain-
tiffwould have connexion with him is void . " 229
What sufficient excuse for the non-performance of . . " 230 Promise of, obtained by fraudulent and folse lepresentationi will
not be binding . • 230
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336 MA RBI AGE (cONTXITUED).
Makkxaok — When promises to many are nugatory . How contracts in restraint of^ are held How marriage brokage contracts are held
Effect of a subsequent, and biirth of a child Vol. i.
A total divorce a vinado matrimonii must be for some canonical cause
or impediment existing before The issue of any, declared null by decree are to be deemed illegiti- mate . • 387 !£, is dissolved by bigamy the issue is legitimate provided the second
marriage was contracted in good faith . *' 337
Is requisite to the consummation of the title to dower ** 338
Bower attaches upon all marriages not absolutely void ** 338
To what share of the value is the dower which the widow is en- titled to in lands aliened by her husband during ** 330 Marriage brokage contract^may be properly placed under the head
of constructive frauds . . " 41i
How marriage brokage contracts are held by the civil law '*41 1,413
General rule as to the rights and liabilities of husband alt^ . " 451
Husband may in virtue of marriage contract even before, have in- choate rights in the estate of his wife . *^ 453 Indictment for bigamy may be brought in the county in which
second, took place . . . . " 458
At what age male may consent or disagree to . . " 461
At what age female may be betrothed or given in . " ' 461
At what age female may consent or disagree to . . *' 461
Effect of marrying a woman within the age of twelve years who
disagrees to . ** 461
Role of the English law as to conditions in restraint of . **ii.80,81
When condition in restraint of; will be treated as a nullity . ^ 83
Ifno time be fixed for legacy to vest marriage will vest ** 87
Rule as to allowancb of maintenance in case of peisonal legacy pay- able at twenty-one or marriage ** 95 Rnle as to the legitimacy of children of a married woman *' 101 As to the right of partner to take portion for daughters out of joint
stock • , • . " 311
Marriage of femmt boU partner operates a dissolution of paitnei^
ship ..... YoL'ii. 303, 3d6, 733
A settlement made on wife and children prior to, is a conveyance
for a valuable consideration .... YoL ii. 504 When appointment to the issue of, will be supported in equity ** 500
The will offemm* boU is revoked by her marriage . " 725
Of female plaintiff after suit commenced may be' pleaded in abate- ment . . " iii. 11 As to pleading, of female plaintiff in abatement after verdict . ** 30* Rule in equity as to contracts between husband and wife after " 133 Ai to gifts by a woman on the eve of second marriage to children
by former . "109
Abroad in the house of British ambassador where one of !h« pftrtiei
i« a British subject is valid * 219^
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MARSHALUNC; 0/ ASSETS .V.. ,11.1, ..; . K> B..:5. 337
Maxu A OE — When court of chancery may decree, ceremony n jU and void Vol. iii. 309 Ib requisite to an estate by curtesy ..." 337
As to dissolving, by mutual consent where there «re no children " 3d0
By, the domicil of husband becomes that of wife . "351,352
MARSHALLING OF ASSETS. MAKSRALLiifo OF AssETS — What understood by
What the order according to rule in, for the payment of debts
What the principal rule in .
What the general rule in marshalling securities for debts
MASTER AND SERVANT. Master and Servant — As to watranty by servant binding master
As to master who has empowered servant to draw bills in his name being bound by acts done subsequent to leaving his service * Are comprehended under the excuse of se defendendo
If a servant instigates a stranger to kill his master, of what is he guilty
MASTER IN CHANCERY. Master in Chan cert — Sales of mortgaged premises under decree of '
foreclosure must be effected by . , . Vol. ii. 202
Effect ofa sale by . . '* 203
General rule as to open biddings at sales by . . *< 206
Where, is to begin on taking partnership accounts . *< 407
Deed executed by, under decree of foreclosure passes the title to
purchaser . « iii. 346
MASTER OP VESSELS. Master OF Vessels — Rights, duties, and obligations of . Vol. ii. 548, 549
General rule as to the necessary qualifications of . " 595, 596
/ General rule as to the liability of, for conduct in the ship Vol. ii. 907 — 999
Powers and duties of .... *• 599—620
As to power of, to sell ship . •• 599-;-602
As to power of, to hypothecate or sell cargo . ** 602, 603
When, may resort to a direct hypothecation of ship by giving Ixit-
tomry bond . ** 603—612
A contract of hypothecation made by, does not transisr the property
of ship . . Vol. ii. 605
Ii not bound to apply money on board belonging lo shippers to ship's
necessities before borrowing on bottomry ** 607
General rule as to right of, to hypothecate if there is an agent of
the owner at the place . . . . " 608
As to part owner taking bottomry bond from, to bind another owner's
share for repairs . "606
Bottomry bond from owner to, has been held valid " 609
Bill of exchange drawn by, on owner for money ailvanced cannot
be considered an instrument of hypothecation . . " 610
As to right of, to charge ship by any instrument of hypothecatioa
for debts of his own . . " 611
43
338
VASTER OF VESSELS (CONTINUED.)
Mabtbr of Vxssbcs — For what purposes, has a special property in the ship
What is requisite to clothe, with authority to let ship by charter party ......
As to right of^ to bring an action of trespass for tort done to vessel
Charter party made by, furnishes no direct action against owners
To what responsibility of owners for acts of^ is confined .
Owner is not bound for the wilful trespasses and injuries of .
VHiat acts of| to be referred to. if appointed consignee of caigo
General principles as to personal liability of, upon* contracts re- specting employment and navigation of ship, &c.
Liability of successor if former, dies or is removed
Personal liability of, for his own negligence, non-feasance and mis- feasance . / .
Is bound to protect seamen .....
Liability of, for cruelty to mariner
Is responsible for damages if he discharges mariner without just cause ......
As to the right of, to inflict corporeal punishment on mariner
Right o^ to imprison seamen
Power of, to appoint substitute ....
When \i is the duty of, to tranship cargo
Is bound when caigo is taken on board to sail as soon as weather and tide will permit ....
As to revoking the appointment of ...
Lien on ship for wages ....
Lien on the freight for wages ....
Nature of the contract between, and seamen
What is implied in the contract between, and seamen
What will justify, in dischaiiging seamen in foreign port
As to power ofj to remit forfeiture ....
As to, discharging seamen before completion of voyage agreed upon
Deadly weapons are not to be used by, for the correction of sea- men ......
Mariner's remedy, against, for assaults, batteries, and imprisonment
What, will be guilty of^ if he uses deadly weapons in correcting mariner and death ensue
Is responsible for proper stowage of goods on board
As to the liability of, for accidents
How long the responsibility of, continues .
As to^ the responsibility of, for goods embezzled on board
As to whether, warrants the fitness of vessel
Rule as to the duties and liabilities ot^ towards passengers
What necessary to entitle, to his freight
Rule as to freight on merchandise sold by, for necessities of ship > What aro the rights of, if consignee refuse to receive the goods
Right of, to retain goods until freight is paid
As to the liability of owners i{, is by statute compelled to take a pilot
Duty of, in case of capture or seizure
Should not take on board any contraband goods
Vol a. 612
♦• 613
•* 613
613
« 615
616
617
617 « 618
618
« 618
64d
"619,620
Vol. ii. 620, 621, 622
Vol ii. 622, 623
Vol. ii. 623
"623,624
625 "626,627
627 " 628 « 631 "633.634 " 636 « 637 "638,639
" 648 "648,649
" 649 " 656 " 657 " 65S " 663 " 664 "666,667 "668,669 "672,673 675 " 676 « 683 *» 685,686
KAnUMOirUL DOMICIL — ^KATURITl — ^MAXIMS— UUTHUf.
m
Ma»txk ot Vksssls — What the aasured is entitled to ia case of banatij by Vol. liL 410 As to the liability of; to attachment at suit of shipper for goods lost
by neglect . . . . . « 77 What, must prove to exempt him from liability for not delivering
goods . •. "139
What is required to justify, in selling boat or vessel and caigo " 200
Punishment inflicted by, upon seamen must be moderate " 456
Is a competent witness in an action on policy of insurance '* L 353
As to the right of, to procure insurance for owners . . " 469 Goods sold by, in foreign port to repair damages not considered as
lost by perils of the sea . . . . " S26 What course, is bound to pursue when there are several ports of dis- charge mentioned in policy . . . . " S27 Fraudulent conduct of, is barratry . . . ** 540 Barratry cannot be committed by, who is owner for the voyage " 540 Effect of a sale by, bona fide made for the benefit of all concerned " <^8, 549 Rule as to a sale of part of the cargo by, in case of necessity '^ 559 As to the right of mate in the absence of| to hypothecate the ship '* 570 As to what is required of owner upon every change of . . " . ii. 687
MATRIMONIAL DOMICIL.
Matbixonial DoMiciL — Rule as to what constitutes . Vol. il. 156
MATURITY.
Maturity — ^The aceeptmce of a note for precedent debt sospenda the
remedy on it nntil the note reaches . Vol. i. 100
As to stipulation that in case a note be not paid at, it shall bear ten
percent . ** 138
Endorsee of note after, must allow any equitable defenc<» to maker '^ 143
MAXIMS.
Maxims — How, to be known, and by whom their validity to be deter- mined ...... VoL«i. 286
Of the common law as to essential qualities of a valid contract *^ 212
, When the maxim caveat emptor will apply to sale of goods " 238 Of the common law in regard to contracts for the peiibrmance of
immoral acts . ** 251
What the leadinjg^, by which courts of equity profess to be governed ** 343
In the law of insurance as to ascribing loss to a particular peril ** 580 As to ignorance of, or mistakes in law furnishing an excuse (ox
breach of duty . . . , *• ii. 241
Of law as to setting aside verdict for smallness of damages ** 274
Where maxim " he who seeks equity must do equity^ applies ** 404
In law as to averment in pleading against a record . *< 479
Where maxim that " equality is equity*' only applies . « 707, 708
MAYHEM.
Maxhrk— Menaces which induce a fear of, may avoid a deed Vol. i. 335
S40 MBMCRANDUM— MENACES— MEN6A ET THORO ^MERCHANDISK.
MEMORANDUM. MsvoRAMSUM — What understood by . Vol. L S83, 584
For what the insurer on, articles is only liable . VoL i. 584
Rule where, articles arrive in specie, but by reasoi) of sea damage ,
are of no value .....** S8i Cuttingoff, regulating payment of note avoids it ' » ^ 107
Signed by the vender only and, accepted by purchaser is mutually
obligatory for the sale and delivery of goods on contract ** 344
Witness may use a written, to assist his memory ^ 365
As to admitting parol evidence to prove the time of adding, to a
note . . « 379
An agreement merely to re-sell goods is not binding vi ithout some,
in writing concerning the contract . . . ** 411
As to the necessity of some, upon a special contract %: answer for
the debt, fault, &c., of another . Vol. 1. 416, 417— iL 696
Rule as to the right to abandon memorandum articles . . ** 554
As to enlarging equitable mortgages by parol though evidenced by
a written . . . ^ il.418
Of change of'master of vessel must be endorsed upon the certificate
of registry . . . "597
The time when each seaman shall render himself on board is to be
' made part of the written contract by . . . " 633
What necessary to render, or agreement in writing valid ** 697
£6^t of writing one's name in, of the sale, by auctioneer " iiL 270
In writing signed by person to be charged, necessary to make con- tract of sale valid .... Vol. iu. 357, 358, 350 Effect of the insertion of the common, in policy exciting certain
articles from particular average . Vol. iiL 403, 404
MENACES. ^
MtiiAOss—What, do and do not avoid deed . VoL i. 335
What, are evidence of prisoner's malice against deceased in trials
for murder "362
MENSA ET THORO. HinsA ST THORO— What is a divorce VoL L 324
As to wife who is divorced, maintaining an action zafimme 9oU for
injuries of her person or property . ** 205
As to liability of manied woman on her contracts if there exist a
valid divorce ....." 207 What the law allows wife in case of a divorce . • " 396
MERCHANDISE. Mbxcbardisb — As to whether an insurance on goods and, will cover
dollars and bank notes . VoL L 472,473
As to what articles put on board as, contribute to a general average VoL i. 973 As to lien of the United States on, the property of importer, for du- ties due by him on former importations . . ** ii. 100
MXRCBANTft — ^MEROER — ^MESN£ FROC&SS — ^MESNE PROFITS. 341
Mesohardisx — As to pledging, by Scotch law Vol ii. 210
Ships are bound to, and merchandise to ships . . ^ 614
If, is abandoned to master for freight, seaman ought to be paid . " 647
When mariners may proceed against . . ** 648
Role as to the freight on, sold by master for the necessities of ship ^' 673
As to merchant's lien on vessel who ships, in a vessel on freight "676,670
MERCHANTS.
MsECHAMTS — Mercantile instruments may be expounded according to
the usages and customs of . . . . Vol. i. 377
"Who have effects of foreign correspondent in hand, are bound to
comply with an order to insure . . . '* 471
As to the right of, who buy and sell for others on commission to sell
on credit without special authority . Vol. l 22, 23
As to liability of agents who deal as . ' . " 42, 43
As to lien of, on vessel .... Vol. ii. 678, 679
MERGER.
UzBOBR — Lease may be determined by . Vol. ii. 73
In what bases, takes place . YoL i. 72, 73— iiL 197
By the act of particular estate is ineffectual 9M a fine to destroy a
contingent remainder .... YoL ii. 931
MESNE ASSIGNMENTS. MxSNE Assignments — When it will be left to jury to presume
MESNE PROCESS.
IfBSNB Process — What conclusive against sheriff in action for escape on Right in equity of redeeming mortgaged lands attached on Replevin does not lie for goods taken on . Rule of damages in actions against an officer for neglect of duty, on Owner must provide for support of property attached on As to liability of officer who attaches goods on Attorneys are privileged from arrest on, by the common law .
MESNE PROFITS.
Mksrs Profits — What conclusive evidence in action for, against tenant
in possession ..... Vol. i. 340
Rule ofrecovery in actions for . ** 341
A judgment recovered by a writ of entry in the name of one of
several heirs will not avail another heir in a suit fpr ** ii. 18
MILITIA.
MiEiiTiA— Who is the commander of, when called into service * Vol. i. 106
As to the power of congress to call out . ** 106
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342 MILL AND RIPARIAN RifiHTs — MINKh — MISISTKRA — ^MIHOk.
MILL AND RIPARIAN RIGHTS. Kri.L AMD Ripabiah Rights — Rule of law as to the rights of itpaiian
owners ..... Volii. 55B
As to what prior occupant of a n|ill-8eat established byiipaiian pro- prietorship, is entitled to . . Vol. iii. 215^217 Rule as to the right of riparian owners to use of streams for fishing VoL ii. 5«P7 Rule as to the rights of riparian owners to use of streams for work- ing mills . " 658 Rule as to the right of riparian owners to divert water-courses " 558,559 As to liability of riparian owners for flowing lands . ** iii. 436
M1NE& XmES— Ejectment lies for . . VoL L 337
Injunction to prevent waste to . ** 464
MINISTERS. MiHisTERS — Exclusive jurisdiction of supreme court of suits or proceed- ings against public Who has the power to appoint public Punishment for offering violence to public "Where foreign, retain their domicil Public, are privileged from arrest
MINOR.
MiM OS— Marriage contract by, is voidable
It is incumbent 09 a party setting up minority to prove it As to the right qf father to sue in admiralty for tortious abduction of At what age, may contract by himself where it is to his advantage On whom duty and authority of father devolves in case of his death
during minorit)^ of his child Payment made by, under the power of his tutor is not valid At what age, may commit rape Rule in case of a devise to trustees and their heirs during minority
of a beneficial devisee What necessary for father to maintain action for seduction of What is a tortious abduction of .
As to surety of, being relieved from his obligation . ** 694
As to proceedings against, for obtaining goods under false pretences " iii. 141 [Sbk Infants.]
MISDEMEANOR.
MfSDSMXANoa—Note given for compounding, is not recoverable at law VoL i. 123
Disorderly behavior at town meeting held at common law to be " 280
Giving in more than one vote at a town meeting is, at common law ** 280 As CO admitting in Evidence one of several indicted for, against the
<jthers ... . .• « 351 Where a hill is endorsed by a person in his own name and another
representshimselftobethat person, he is guilty of » " 396
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M1SN0MEU MISPRISIONS — MISREPRESENTATION.
343
MissxMKAnoBr— Baie assaalt with intent to kill was formerly held to be murder, now only a great
Warrant requized to justify peace officer in breaking an entrance door in cases of . . '
Why all are principals in piiSi ....
What the proper process to bring in an offender on indictment lor petit .....
What happens on ai ndictment for treason or felony and what is , now the asual practice in the case of
A conviction for a high, is no bar to an indictment for murder re- sulting from the same act
Criminal jurisdiction comprises whatever relates to crimes and mis- demeanors ....
Rule as to granting new trial for offences greater than
Rule as to granting new trial in cases of
Every attempt to commit, is a misdemeanor
A conspiracy to commit, is indictable
What conspiracies are made, and punishable criminally
Wilfully to kill a domestic animal, as a horse or cow, is a
Outrageous craelty to a dumb beast is a, though the offender be the owner of the animal .
MISNOMER. MfSROMER— What the effect of . . . ,
Effect of, in grants to a corporation
Rule as to, of legatee ..... Effect of, of plaintiff in the recital in condition of bond . Of the defendant may be pleaded in abatement Of parties in a writ or indictment must always be pleaded in abate- ment . ' * ♦ Of addition of place may be pleaded in abatement As to the validity of plea of, in actions of ejectment Effect of, of persons in process on which an arrest is made
MISPRISIONS. l&spBisioNS— Relief in equity for, and omissions in deeds, awards, &c. As to amending mistakes and, of clerk
MISREPRESENTATION.
MisREPBESENTATiow — Of material facts is fraud
Of the legal effect of an agreement does not constitute fraud
What contracts will be rescinded on account of
Will in some cases avoid contract
Without design not sufficient for an action
Effect of inducing an illiterate man to sign deed by, after a refusal to read it .
It is not every wilful, of a fact which will avoid contract upon the ground of fraud • •
Effect of, of tke solidity of a mercantile house made under a mis- take of the fact, without any interest or fraudulent dtention
yol.i.4M
« 439 •• 448
456
456
« ii. 21
« 276 "276,614 « iii. 120 « 312 « 313 " 333
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344 MISTAKE.
MisxxpKBSEBTATiOK — £ifect o^ upoD poUcj of InsuTaiice
The slip or application for insurance is proper evidence to ihow
How the materiality of; to be determined
The degree of, which shall vitiate policy, is a question of fact
As to setting aside agreements to alter partnership articles unless
there be clear proof of . . . " ii. 3W
As to the necessity of wilful, and suppression of the truth to render
policy of insurance void .... " iii«412
MISTAKE. * '
Mistake — What in equity jurisprudence is understood by the word VoL it 241
Into what two kinds mistakes are divided ..." 241 What understood by, in law . . . *• 241
Rule in equity as to ignorance of. or a mistake in law . Vol. ii. 241 — ^244
When, in the name of the officer to which notice of protest is sent
is of no consequence ..... VoL L 95 Effect of addressing bill to wrong person by, if presented to the right
person . . ** 120
Effect of third person's erasing an endorsement on note by, as to the
endorser's liability . . '* 122
As to, in date ofnote vitiating notice of protest ** 128
^ Jurisdiction of courts of chancery to relieve from accident oi " 186
As to customs of banks not to rectify Vol. i. 287— 4ii. 293
As to, in Christian name of party defeating deed VoL i. 297
If the description of a deed be sufficiently certain a, in referring to '
the original title will not affect it . ** 306
What difference between the actual and estimated number of acres of lands sold in gross, would entitle party to relief in chan- cery on the ground of . " 307 As to admitting parol evidence to show, in a will "383,384 Remedy at law for, in accounts . . . ** 308 At what time the bar of the statute of limitations will begin to run'
in cases of fraud or ..... *'405,4(i6 Effectofaddressingletter of credit by . . . « 421
Of what apprentice to a chemist who by, delivered a bottle of lau- danum to customer who asked for paregoric, is guilty ** 438 As to allowing plea in abatement when Christian name of defendant
is mistaken . Effect of a wrong description in policy by . Action by party giving note for recovery of over-payment by As to amending, of clerk in assessing damages Rule as to the time statute commences running in actions for neg- ligence or . Rule 1^ to the running of statute in cases of fraud «r Rule as to, in marriage settlements * As to admitting parol evidence to show that defeasance has been de- stroyed by ..... ITpon what ground cases of surprise and, stand Rule as to the effect of, of matters of fiict upon contmett .
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»L a. 347—850 |
MfSUSER — MlTKiATCON. - 345
ICxsTAEX — Rule as to granting relief against, in written instruments Vol. ii. 2V) — ^253 Rule as to persons for whom equity will interfere to correct, in
written instruments . . . Vol ii. 253
Rule in equity as to, in the execution of powers ... " 254 What will constitute such an execution as will entitle courts of
equity to interfere . . . . " 254 What necessary in all cases to entitle party to relief against, in writ- ten instruments . " 255 Rule in equity as to correcting, in a will "255,256 As to reversing judgment for . " 269 As to granting new trial if a paper furpishing material evidence in
favor of the party prevailing go to the jury through ' . " 270 Damages heing small is not a ground for new trial unless tfiere has
heen some, in point of law . ** 274 Those that do mistake do not consent ..." 296 What will constitute such an execution of a power as to entitle par- ties to relief in equity on the ground of defective execu- tion or . '. Vol. u. 500, 501, 502 Relief for, in receipt ..... Vol. ii. 521 Result if a mistake in the writ he carried into the declaration ^ iii. 22 As to the liability of attorney for any error or, arising in the exer- cise of his profession . . . "107,108 As to relief in equity for, of counsel in the conduct of defence " 145 Marriage ceremony declared null on the ground of . " 215 Effect of the alteration of a note originally dated wrong by mis- take . "250 Courts will interfere by way of amendment where there is a clear . " 261 As to amending, and misprisions of clerk . . "262,263 As to setting aside an award for gross, made by arbitrators " 264 Relief in equity for entering into compromise under . . "311 tn deed, proved by parol evidence in corroboration of written evi- dence, may be rectified . . * . " 346 Proof of, on the part of the parties on one side only of a contract not sufficient to justify altering rights of parties under the con^ tract • . . « 346 Effect of, in representation^ of a fact material to the contract . "360,361 his the peculiar province of courts of equity to rectify mistakes . " 421 Probate allowed of a copy of a duly executed codicil which had
been burnt by "502
MISUSER.
Mih . IKS — A private corporation may loae its franchise by Vol. L 281
^to corporations being dissolved by " 282
MITIGATION.
MiVZOATXON — What evidence defendant may adduce in action for libel Vol. ii. 106, 107 What may be shown in, of damages in action for non-performance
ofpromise to marry .... ** 165| 166
44
346 MONET.
MONET.
Mom ey— yConsideration necessq^y to c institute a deed of bargain and sale VoL i. 303 The consideration, expressed m the deed to have been paid by
grantee, may be shown to have been paid by another person " 304
It is sufficient if (he deed puiports to be for money received, without
mentioning the certainty of the sum . . ^ 30S
The buyer on a breach of covenant of seisin, recovers back the con- sideration, and interest and no more ** 31 1,319 Nature of an attachment against sheriff for contempt for not paying
over, collected on execution . . " 383
liability of an executor for the amount of a debt of testator in con- junction with co-executor, to whom he had paid over, but
who misapplied it . . . " 384
At to the liability ofexecutora who deposit, belonging to the estate
with same persons as testator did during his lifetime ** 386
Admitted by an executor to be in the hands of his partner is in his
own for the purpose of bringing it into court . ^ 387
What if executors of a purchaser under a decree refuse tc nay the
purchase •' . 388
An executor is not decreed to account for, which he might but for
his own wilful negligence and default have received " 380
What interest an executor or administrator is chargeable with if he . |
^ allow trust, to lie idle . ** 360 |
Title deeds deposited as security for . "* 404
Where, is obtained by fraud the lender may treat the loan as a nullity " 407 As to recovering back, paid on marriage brokage contracts . " 412
Advanced to a partnership under a guaranty . ^'417
An infant is not liable at kw for money lent, in equity the case is
different . « 422
What if several plan the uttering of a forged order for the payment
o^ and one uttera it in the absence of the others '* 448
Rule as to,«which the captain is obliged to raise abroad belonging !
to general average ....** S70
Paid by captain to privateera or pirates to avoid capture is a loss
that belongs to general average . . ** S72 [
Ho action will lie at law on the decree of courts of equity for the j
payment of ." IL 14 j
Will pass by the words "my wines and all my property" « 75 j
Rule wheie a sum of, is given twice in the same i .strument to the j
same legatee . . . . . ** W j
A general legacy is a testamentary gift of penonal estates generally
as of goods and chattels or * 84
As to the authority of legatee to compel executor to bring, in his
hands into oourt . . . ^* 98
Rule as to sureties who pay, for their principals in regard to the
running of the statute . . . . " 123
Itfuidamus lies against tax collector for omitting to pay over money ** 138 When, leceived by gudrdian on Account of ward ranks as a bond
debt . « 160
MONET (continued).
347
JHnsT—* Paid in anticipmtioii ijf a coftTeyance civates a lien on land Vol. ii. 181, 18S
Property conreyed in a deed being worth four times the amount of^ advanced is a strong circamstance to prove it to be a mere moitgage . ** 172
Where a wife's interest in lands is in the nature of a mortgage to
secure the payment ot^ the husband may release "■ 174
Expenses properly incurred lor the recovery of mortgage, may be
Ucked ..... ". 178
What the lien of vender of land to the amount of the purchase, at- taches . . . " 181
As to taking security for the payment of the purchase, being a posi- tive waiver of vender's lien ..." 183
Where a mortgage is given to secure a sum of^ to be paid by instal*
ments an ejectment will lie though part is not due ^ 186
A mortgagee is allbwed all the expenses properly incurred for the
mortgage . . . ** 187
How Courts will direct the application where real or personal estate
upon which there is an outstanding mortgage is turned into ^ 188
If a stranger gets an assignment of a mortgage for less than is due
the mortgager shall not redeem without paying all, due '* 189
As to the lien of mortgagee if part of the purchase, remains unpaid
at the time the mortgage is recorded . . ** 190
Authority of trustee for sale in default of payment of mortgage " 1 96, 197
As to the liability of mortgagees aAer refusing to restore the mort- gaged premises on tender of the mortgage . "208,209
May by the common law be delivered in pledge . " 217
What tender of, to redeem mortgage is and is not sufficient " 237
Without the quantity being determined cannot be the object of an
obligation . . . . " 283
Commissioners of the poor may maintain an action against parent
for, paid for maintenance of his indigent child ** 291
As to lien of partner for, advanced to iirm . . • ** ' 324
As to the right of action of one partner against his co-partner for,
expended on account of partnership . . ** - 337
Where, sought to be recovered is separate from partnership account
an action of assumpsit may be maintained . . <* 339
Hule as to the right of partners to enforce a contribution at law . ** 334
An injunction is sometimes granted after execution to stay, in the
hands of sheriff . . . . . ** 340
Rule as to the liability of firm for, borrowed in name of firm . ** 353
Rule where, is borrowed by separate partner and afterwards applied
to partnership purposes . . . " 352
liability of firm where one member gives note for the accommoda- tion of* third person for the purpose of raising "357,390
If partner borrow, on his own security it does not become a partner- ship debt . . \ . "374
How, to be applied if paid generally without appropriation "386,406
WlAt delay to demand, will raise a presumption of payment . " 470
Favment of, into court is a condition precedent . '* 474
348 MONOPOLT--*MONOMieNT6 — MORTGAGE.
Houby'— As to the rig:ht of ship's hnsband to bonow, for use of ship Vol. it AM Effect of payment of, into court on a count which states a special
contract .... " 474 A power of attorney to pay and receive, does not authorize the ac- ceptance of bills drawn on principal ^512,513 A debt from the testator cannot he set off in an action for, had and
received to the use of the plaintiff as executor . *^ 573 A»to attaching in the hands of sheriff or clerk of the court Vol. iii. 89, 90, 94, 123
As to the liability of attorney for, collected . . YoL iii. 100 A sum of money of a deceased administrator due by him ranks as a
bond debt . . . . " 113 An auditor appointed to distribute, cannot inquire intb a judgment
rendered in court , '*■ 128 A credit on bank books for geneial deposit is an acknowledgment of
the receipt of so much . * . * 130
MONOPOLY.
MoHOFOLT — Cannot be implied from the mere grant of a charter Vol. iii|217
MONUMENTS. Mon VMENTS — What the rule in the description of land conveyed re>
specting known and fixed . Vol. i 305 — ii. S53, 554
In the construction of grants both course and distance must give
way to . T Vol. i 415
How lands must be bounded if there are no . . " ii. 554
MORTGAGE.
MoETGAOx — What, is defined to be .... Vol. ii. 170
What necessary to constitute .... "170,171
Rule as to admitting extrinsic evidence to show thatli deed absolute /
on its face was intended as Vol. i. 378, 379— ii. 171 — 174
As to the nature and effects of ... . Vol. ii. 174
Rule as to changing, into an absolute sale . . . ** 174
Rule as to extending, to cover future advances . "174^175 What understood by tacking .... Vol, ii. 175 — 177
Rule in the United States as to tacking *. . . VoL ii. 177
How tacking, considered in the civil law . . .. " 177, 178 General rule as to what will constitute an equitable, in the English
and American jurisprudence "176,179 Rule where mortgagee has two, upon two separate estates and one
not sufficient to satisfy the lien upon it . . . * 179
Rule in the civil law as to further advances ** 180 A parol agreement to give bond to re-convey by grantee does not
make the deed of conveyance a . . " i. 233
Taken on a loan of money including former usurious loan ifi void ** 940
The creditor having, security does not affect his hisurable 'uterest ** 500
The interest of^ is not vendible under execution . . " ii. 95
Rule where a leasehold interest is assigned by way of . * 71, 79
What, in fee passes to mortgagee . . " 185
MORTGAGE (OOTTriNllSI)^
348
« 185
186,
188
188
188
18»
189
190
190
190 190 191 191 191
BloBtOAGB — Against wh<nn, is void if made od an usniioas coatiact A devise of a man's personal estate carries wiO^ it all mortgages Rule as to mortgagee's right to maintain action of waste against
mortgager before forfeiture of . . .
As to the right of mortgagee if, is payable by instalments As to mortgagee's lien where debt is secured by bond and Rule as to the assignability of mortgages What necessary to constitute a vtUd assignment of Rule as to the rights of the assignee of
Mortgagee's right depends very essentially upon the registry of A bond of defeasance to, need not be registered Not proved, acknowledged and" recorded according to law without
notice thereof, is void as to creditors, &c. Recorded in one county for land in another when void Effect of recording, of an equitable title to land Registry of, is notice to all subsequent purchasers and mortgagers If a deed absolute on its face be intended as, how must it be recorded Rule as to what will amount to sufficient notice to preserve the validity of, against subsequent purchasers though not re- corded ...... Vol. ii. 191— .195
Effect of a docketed judgment upon an unregistered . . Vol. ii. 19^
Distinction between the English and American doctrine of con- structive notice of ... . VoL ii. 194, 195
What a power to, includes ..... Vol. ii 195
Ab to staying proceedings of mortgagee under power of sale con- tained in .... .
Where, is a dry reversion or of an advowson the court will decree
sale against the will of mortgager What the practice in the United States as to foreclosing mortgages In whose name bill of foreclosure must be brought Rule as to foreclosure where, is given to secure a sum payable by instalments .....
Manner of effecting sales of mortgaged premises under decree of -court
Efiectcrf sales under a decree ...»
Rule as to selling mortgaged premises on a credit
Rule where subsequent mortgagee brings a bill to foreclose
As to who may redeem ....
What if, be usurious .....
Rule as to conditions upon which a party will be allowed to redeem As to selling an equity of redemption under an execution at law . General doctrine as to re-conveyance ' . Distinction between, of real and of personal property Distinction between, and a pledge
As to the rightof an officer in the army to pledge or, his commission What length of time is suffir:ient to raise a presumption of discharge of Rule in equity as to the tinr 3 within which defendant may be allowed
lo redeem upon a bt 1 of foreclosuie As to the right of, cieditoi to take advantage of the prescription of
his debtor . . "489
« 195
" 197 198 " 200.
" 201 202
« 2oa
204
205 « 210
211 « , 213 " 214
214 « 215
215 « 219 "235,237
350 ^ UORTGAGEL.
MbMteAGE— Ral« as to what fund shall be subjected to ledeem V^oL ii W
Mortgages are not within ti»e statute of limitations . ** 239
Effectofanassignment of term of rent by way of .* ** 937
Where, is given to secure a note paykble to order an assignment of
the note will cany with it the mortgage ** tii 97
The feet of an endorser taking, to indemnify him does not dispense
with demand, protest and notice . . . '* 133
When, will be presumed to have been foreclosed . . *^ 313
As to the necessity of an immediate delivery accoinpanyingi of goods
and chattels . , . "217
Effect of an acknowledgment upon the back oij deed that the con- dition had been complied with . . . "219 As to the effect of a default in payment of a chattel . " 219 When an absolute bill of sale of a vessel is but a mortgage "- 239 Deed of assignment by way of, of a. ship is valid in equity. . ** 264 What luust be shown to sustain a criminal prosecution for obtain- ing the signature of one to, by false pretences . . ** 333 What the record of, must disclose "433 Liability of recorder of, for giving false certificate . . " 434 Effect of a tender of debt secured by, after the day stipulated for ite
payment . ** ^3
MORTGAGEE. MoETQA6£E — As to, being protected against a prior equitable right without notice .....
Insurable interests may exist in assured in the charaoter of . Mortgager of a vessel cannot commit barratry where, has not en- tered into possession .... In what cases the accruing: freight passes to, as incident to ship Junior incumbrancers known to senior, should be parties to bill «f foreclosure ..... Effect of making junior, a party to the bill of the elder, for foreelesure An ejectment or bill of foreclosure will lie in circuit court where
mortgager and, are citizens of different states . ** 47
Persons having a lien may waive it by not warning, at the tinae
mortgage is executed . . "115
Rule where mortgager contracts further debts with, as to redemption ** 174, 175 As to the right of, to tack VoL iL 175, 176, 177, 1^
Rule where, ha« two mortgages upon two separate estates and one
not sufficient to satisfy the lien upon it "179,210
Rule in the civil law as to further advances by . "* 190
Rule as to the right of, to take possession of the land "184, 185
Rale as to the rights of, while in possession " 1B5
Rule as to the right of the heirs of, to enter . "185
Rule as to the right of, to an action of waste against mortgager be*
fore forfeiture of mortgage . *• 186
In what cases, in possession is accountable for profits . "146
Rnle as to allowing, in possession forhiscaie and tioubla ia muip
aging the estate ..... ?.18ft»lS7
Bole as to allowing teits to "18^
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MORTGAGES (CONTINUED). ' 351
MoBTOAGSE — As to assignment of mortgages by Vol. ii. 180
Rule as to the right of, in possession to be paid for permanent im
provements ....." 187
Bale as to the right of, to claim the benefit of policy of insurance
underwritten for the mortgager in case of fire . " 188
As to the right of, to sell where the mortgage is payable by instal- ments ** 188,201
As to the lien of •'188
How far subsequent, is affected by constructive notice arising from
the registry of a prior mortgage . . . ' 190
If a deed absolute on its face be intended for a mortgage how must
it be recorded to be effectual against a bonAjUU ** 191
As to relief for second, who neglects to have his mortgage registered " 194
Effect of, suffering his deed to remain unregistered for the purpose
of keeping up the mortgager's credit . ** 194
As to the effect of an assignment by, of part of his interest in the
mortgaged debt and estate . . " 196
As to suspending or delaying proceedings of, under a power of sale
contained in the mortgage . " 19^
By what means mortgaged lands become the absolute property
of \ . . . . VoLiLl97-4u-2l9
Courts will decree a sale where mortgager becomes bankrupt and,
prays a sale , . ^ . . VoL ii. 197
Where the charge of, is purely equitable the court will decree a sale ** 197
Bule as to who must be parties to a bill of foreclosure by "198^199
As to the right of, to foreclose though he have conveyed the whole
mortgaged premises with warranty in fee . . ** 199
As to the necessity of making, a party on a bill of foreclosure by as- signee . " 900
Bill of foreclosure must be brought lo the name of, or his assignee ** 200
Effect of, seeking to collect his money out of the property of mort- gager, instead of resorting to a bill of foreclosure . . ** 201
As to the right of, to pursue his legal remedy by ejectment, and at
the same time file his bill to foreclose the equity of redemption " 201
What the effect of a statute foreclosure . *< 202
Bule where a subsequent, brings a bill to foreclose . ** 205
Bights of, are not to be prejudiced by sale of sheriff under judgment
older and younger than the mortgage . . ** 205
What mortgager will be entitled to if, obtains a renewal of lease ^ 206
Liability of, for refusing to restore the mortgaged premises on the
tender of the mortgage money, for aifler accidents . . . "908,209
Effect of, selling the equity of redemption by execution at law to
satisfy the mortgage debt . ^ . *> 209
As to the right of, to become the purchaser of the equity of redemp- tion . . ^ 209
H seeks to foreclose, the mortgager will be permitted to redeem on
payment of the mortgage debt only . . . « 313
At what time after, takes possession does the prescription begin to
mn against mortgager . , • 337
352
MORTGAGER.
MoRTOAOEE — When prescription commences against . Vol iL 988
What lapse of time after forfeiture and possession by, will prohibit
mortgager's right to redeem . "239,240
The assignee of a mortgage takes it subject to all equities existing
between mortgager and . . . " iii. W
Interest of, before entry for condition broken is not subject to attach- ment . . . . . . " 76
Releasing his right in mortgaged premises does not destroy his lien
upon the land acquired by attachment . . . ** 80
AAer condition broken, has a right of entry upon the lands mort- gaged . . " 218 Astotherightofmortgagertooust . . "210,483 As to the liability of, who has never taken possession of vessel for
repairs or supplies . . . Vol. iii. 239, 372, 373, 468
As to collusions between mortgager and . . VoL iii. 343
As to taking by the extent of an execution the interest of, before an
entry to foreclose ..... ''434,435
ii. 207,206 a 208 ** L3a9
« 403
•• 542
« iL 47
MORTGAGER. MoKTOAOER — What is the character of, at law . . Vol.
How, is considered in equity . . .
1 he wife of, is dowable of an equity of redemption It, of personal property continue in possession, it is a question for
the jury whether it be fraudulent or not As to whether, may commit barratiy where mortgagee has not en- tered into possession ..... The consent of, is sufficient to negative barratry WJiere, and mortgagee are citizen»of diflerent states, ejectment or a
bill of foreclosure will lie in circuit court On a bill of foreclosure and decree in lifetime ot^ the costs are a
lien on the property mortgaged . . '^ 113
Remains the actual owner until he is barred by his own default " 170
Rule as to extending mortgages to cover future advances to . ^ 174
As to permitting, to redeem one without the other, where mortgagee
has two mortgages upon two separate estates . . " 179
Rule in the civil law as to further advances to . . " 180
Mortgagee cannot make, account for the past or by-gone rents " 184
Mortgagee may avoid leases made by, subsequent to the mortgage ** 185
Mortgage made on a usurious contract is void against . ^ ^ 185
Rule as to the right of mortgagee to maintain an action of waste
against, before the forfeiture of mortgage . ** 186
Role as to the right of mortgager to claim the benefit of a policy of
insurance underwritten for ..." 188
A bond of defeasance to a mortgage given by mortgagee to, need not'
be registered . . . . * 190
Eiloct of mortgagee suffering his deed to remain unregistered for
the purpose of keeping up credit of . . * IM
Li what cases the court will decree a sale against the will of . * 107 Rqle as to what things are capable of being mortgaged . * lOT
. MOTION. 353
MoKTOAOBR — What the doctrine as to mortgager's equity of redemption Vpl. ii. 209 None but, his heirs and assigns are entitled to redeem ^ 210
If mortgage be usurious, cannot redeem without tendering the sum
really due in conscience . . " 211
If, is driven to file a bill it must oe done to redeem "211
Cannot file a bill merely to set aside a sale . . " 211
Of slaves may maintain his bill to redeem for an account of
hire,&c. . , . '. . "212
What, must do who goes into chancery to redeem . . " 218
From what time the prescription begins to run against . " 237
Rule in equity as t » the time within which, may be allowed to re- deem upon a bill of foreclosure . . "238,239 Cannot redeem after a lapse of twenty years after forfeiture and pos- session by mortgager No length of time is a bar to a redemption of, where there is fraud Has a demand against a right of set-off, against the notes secured by
the mortgage ..... A bill in equity by, to redeem abates by his death The assignee of a mortgage takes it subject to all equities existing
between, and mortgagee .... In what cases an annuitant of, may redeem As to the liability of mortgagee of vessel for supplies furnished by
the order of .
When, may oust mortgagee ....
AlOTION. Motion — To what, for new trial is addressed For new trial on the ground of misbehavior For new trial on the ground of surprise . . . ** 268
General rule as to granting new trial if there is no other ground for,
than that the jury disregarded the evidence . . ** 272
Rule for granting new trial on, of the prosecution, in criminal
cases . . . . " 276
As to granting injunction against partner on . " . « 339
An objection that a plea puis darcin rontinuance was not put in, in
time must be made by . . . . ** 476
When a plea of non estfartum may be rejected on . . «* 478
A plea of the statute of limilutions ■ ill not be allowed on, in place
of pleaof paym«»nt . . « 482
When a repleader will be award-'f! ou ..." 541
Rule as to setting-off jud«;mont5» for ro«t3 on . . , * 570, 671
If plaintiff dies pending, for new trial the suit abates , " iii. 13
la what cases courts will on, abate writ of replevin . . ** 16
Courts may on, examine w-."' nr ai*a<iiui' »" .\as jn.pniperly
issued ...... ^* 82
As to settinsj .iitarhrn^'it '-i •• .• . " 87
As to quashing writ of attachment on . . . ** 8^
What, for new trial on account of matters arising out of court
should static .'..•* 224
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364 MULnPLK:Tl — MDMCIPaI. law — MUKDEh.
Motion — On for new trial on the git>un(l of newly discovered evidence,
the court will hear evidence respecting credibility of witnesses Vol. Hi. 324 Where there is one bad count and a general verdict judgment must
on, be arrested . " 340
MULTIPLICITY. Multiplicity — Of suits restrained by injunction
MUNICIPAL. * Municipal — As to the liability of, corporations
Seizure cannot be justiiied upon the ground of probable c uise As to the place where a public corporation can only be si ed
MUNICIPAL LAW.
Municipal Law — What, defined to be .... How, is divided .....
MURDER.
Murder — What necessary to say in indictments for
In what cases in indictments for, the length and depth of wound need not be stated . ^ .
If several commit, they may be indicted jointly
What by the Athenian law was the punishment for self
What the law of England considers condhiing self
What circumstances will make involuntary manslaughter amount to ......
As to persons being present when, is committed and yet be neither principal nor accessory ....
As to whether a stroke must be expressly averred in indictments for ......
As to the necessity of stating upon what part of the body the de- ceased was struck, in indictments for
The death by the means stated must be positively averred in indict- ments for ...
On the trial of a man for, of his wife, her dying declarations are evi- dence against him
In trials for, former grudges and antecedent menaces are evidence of prisoner's malice against deceased
If master refuse his apprentice necessary food so that death is caused thereby he is guilty of .
Laying noisome and poisonous filth at a man's door, which kills him by corrupting the air is considered
If a wound itself be not mortal but by improper application becomes so, and terminates fatally, the party who inflicted the wound is not guilty of .
If an officer is justified in breaking open a door, and in doing so is killed, it is
Where two persons in cold blood, meet and Aght on a precedent qiiarrel ami one of them is killed, tlr * other is guilty of
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MURDER (continued). 355
MuBDBft— Whftt «s necessary in killing to make it . . VoL i. 433
A witness who takes away the life of an innocent man by a false
oath is not guilty of. and why . . . '' 433
Wantonly to kill the greatest of malefactors is . "• 433
A man may be guilty of, though no stroke be struck by himself or
no killing primarily intended . - . *' 434
Within what time after the stroke received must the party die, to
make the killing . * . . " 434
Killing in a duel is held to be deliberate ..." 434 If one intends to do another a felony and undesignedly kills a third
man it is . . . " 434*
What is the puniiihment for . . ^' 435
Petit treason held to be an ao;giavated degree of . " 435
If one of the parties provide himself with deadly weapons before- hand, which he uses in the 'combat and kills his adversary^ he is guilty of . . ^435
Distinctions between manslaughter and "438,439
If the stroke and death were on different day^, when must the mur- der be laid . . " 443 Forcing a person to do an act which produces death is . . " 443 Drunkenness does not incapacitate a man from forming a premedi- tated design to commit . . . . " 445 It is not necessary to makfe a man principal in, that he should in- flict the mortal wound . . s . . " 447 There may be accessories in the crime of . " 447 Effect of two encouraging each other to, themselves together, and
one does so, but the other fails ^ . : . ** 449
If the reputed father of a child unborn, advise the mother to kill it at its birth, and she acts according to his persuasion, he is accessory to .....** 450
A conviction for an assault with an attempt to kill, is no bar to an
indictment for, resulting from same act " ii. 21
Conscientious scruples against convicting for, is a good cause for
challenge . . " 64
An acquittal for, is a good plea to an indictment for manslaughter
of the same person, or e convtno ..." 580 On an indictment for child, none but the mother can be convicted
of the concealment of the birth of the child . " iii. 139
Defective sentence for, by omitting to include a direction for bury- ing the convict's body Vol. iii. 182^185 Indictment for child, by the mother .... Vol. iii. 185 An indictment for the, of a " certain male child" without further
description is insufficient . Vol. iii. 180— 1S8
As to a conviction for, if the mortal wound was given with a dif- ferent weapon from the one mentioned in the indictment Vol. iii. 195 An accessory before the fact to the crime of self, is not triable at
common law ... . " ^1
356
AfUTINY^NATIONAI. NATIONS NATURALIZATION.
MUTINY. MuTiN r— Act of congress relative to the punishment for Vol ii. 652, 653
Holding of fists to strike the master is so near an act of; that the-
master may quell it by striking the first blow Vol. ii. 648
NATIONAL.
National — As to, character of ship
As to evidence of, character of vessel
Vol. i. 336, 499 . Vol. i. 373
Effect of a policy without warranty or representation of, char-
acter
What necessary to satisfy warranty of ship's, character
As to the powers of the, government
Of the process and proceedings of the, courts
Admiralty enters into the, policy and affects, rights and may com- promit the, sovereignty ....
Rule as to jurisdiction of the admiralty over, armed vessels belong- ing to a foreign state
Vol. i. 470, 508 . Vol, i, 509 " ii. 12 " 12,68
57
A& to, domicil
Vol. iii. 352—355
NATIONS.
Nations — Does war dissolve contracts between belligerent . Vol i. 257 No, is under obligation to enforce foreign laws . " 392 As to the law of, relative to neutrality Vol. i. 474, 500, 511 As to proof of neutrality in respect to particular . , Vol. i. 514 What a correct exposition of the law of . " 517 Effect of a foreign sentence as to a subject of a neutral " ii. 10 As to exercise of jurisdiction consistently with the law of . " 31 As to cognizance of causes where an alien sues for tort only in vio- lation of the laws of . " 57, 61 Upon what is the law of, founded . . " 65 General rule of, upon the right of priority of payment " HI Jurisprudence of different, relative to the incidents of marriage ** 153 Laws and customs of all, relative to the maintenance of children . " 287 As to dissolution of partnerships existing between subjects of two " 396 Rule of international law as to the rights of a, in a navigable river ** 550 What considered as part of the law of . . . ** 557 As to documents required by the laws of . . ** 589 Maritime laws of most, relative to the control of si p . ** 592 As to necessary papers according to the laws of . " 615 Interdictionof commerce for the security of . " 673 Laws of many, in case.s of collision of ships . . " 683
NATURALIZATION. Naturalization — Provisions of congress relative to Rule as to evidence of a five years' residence Effect of, of the father upon' his children
Vol. ii. 256—201
Vol. u. 261
VoLii.261— iii. 118
NAVIGATION — NE EXEAT REGNO — NEGLECT.
357
NAVIGATION. Navioation— Liability where the master was ignorant of As to natural accidents incident to river . .
As to the right of, of rivers to the sea What the usefulness of the, of riv«rs demands As to the famous, act promulgated by Cromwell Principles pursued by the French, laws Liability of the master as to, of the ship As to necessary and customary requisites for As to the control of, of ship by the pilot Right acquired by, of a canal As to general usage in various kinds of Admiralty jurisdiction over liens arising from
NE EXEAT REGNO. N> ExBAT Regno— What is a
In what cases will writ of, be granted
Effect of the act abolishing imprisonment for debt upon the right to
grant . . . .
As to, upon the payer of a bill for an account .
NEGLECT.
Neglect — When an assumed agent will be held responsible for
To give notice of dishonor of bill
Liability of carrier for ordinary
As to gross, of carrier ....
As to damages through, of carrier
If sheriff, to return an attachment
As to, of husband to provide for his family
Liability of executor for gross
Will, in the person who receives a wound excuse the one gave it ....
As to, of agent to execute an orde^ to insure
As to, or default of a statute pilo.
As to, of the crew of the ship
Where by, goods roll into the sea I Wilful, to give notice to subsequent purchasers of mortgage
Of mortgagee to have his mortgage registered
As to prima fade evidence of .
Cireumstances to account for
Where a party, to correct an error when in his power
Where a parent, to provide his infant with necessaries
As to loss by, of partner
Liability of partner for . .
As to indemnity of partner for care to the, of his own affairs
Of defendant to rejoin to a replication
As to, or refusal to perform duties
Action against an officer for, of duty . •
Of seamen to comply with an order to return
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358
NEGLIGBNCF
NsoLECT — Right of mariners when the merchant, to pay the freight VoL ii. 648
When delivery is prevented by, of the owners . ** 668
Liability of captor for, to take a pilot on board . . *^ 686
Attachment against master of vessel for loss by . " iiL T^
Where bail are accepted and, to justify . . " 273
NEGLIGENCE.
Nbglioencb — When protection may be forfeited by subsequent Vol L 13, 336
Right of principal to indemnify for, of agent . *^ 32
As to, to give notice of dishonor of bill . " 96
When endorser was discharged by, of holder . . '* 129
Suit by holder of a bill against the bank for "130
b gross, a species of fraud . ** 166
As to, of carrier .... "169,524
As to, of master of vessel
Vol. i. 174, 520, 527, 533, 581— U. 616, 618
Liability of carrier where goods are lost by Remedy where goods are lost by, of carrier Liability of a coach proprietor for As to prima facie evidence of, of driver Dissolution of a corporation by forfeiture of charter by As to liability of administrator for . As to gross, of an executor Liability of executor for wilful, and default As to gross, of a person practising medicine or surgery As to loss by fire caused by ...
Running foul of another vessel by Rule in actions for, by mistake Where theft is occasioned by .
In an action for a breach of duty the statute runs from the As to setting ignorance of law as a defence for culpable Surprise not a ground for new trial when it is the consequence of Responsibility of partners for, of their servants As to gross, of partner Action of assumpsit for When defendant must plead, of attorney "Liability of sheriff for, in the execution of procest As to discharge of seamen for Liability of |()ilot for, or unskilfulness When an attorney will not be permitted to set up his ignorance or,
as a defence .....
As to measure of damages whffre loss to client eiisues by, of at
torney .....
When the onu$ probandi in cases of, lies on defendant Responsibility of innkeeper for Ab to mistakes and, of counsel Where defendant through, failed to make defence Where an executor by, suffers co-executor to waste the estate An action on the case against stage propriel^.- for Ab to gross, of vender in perfecting his title
Vol. i. 175 « 176 "180,182 " 182 " 2S2 « 385 « 387
389 « 43C « 527
567 « ii. 12^ «^ 231 "' 121 •* 247
268 "367,368 « 412
481 " 484 "578,579 « 638
651
" iii. 103
"108,109
108
128
145
" 146
155
Vol iu. 221—223
Vol iu. 240
NEGOTIABLE.
359
NEGOTIABLE NxooTiABLK — Acceptance of, instrument on account of a debt
How, securities should be receipted
Pledge of, paper of principal by factor a^ sccMiity for his own debt ......
Where &ctor sells on ciMt and takes a, note paya<>Ie to himself
Receipt of, paper from an agent having no auihority to transfer
Contract between the maker and payee of a, note
Note payable sixty days after date when due
Negotiability of bilLs payable to order or to he.nr
Isab^nkcheck .....
Endorsement of, instrument so as lo axc.ipt "nlorjcr from lia- bility .....
Nature of endorsement of a note not
Possession of, paper payable to bearer or t iJoibrJ in blank how held ....
How is the, qualit)' of a note affected by ?J\ ,"ilI:i'^ the money and taking it up
Transfer of a, note in payment of a prec;: '.oni debt
Rule as to notice in the case of, paper
As to giving a, note how held in courts of tho U. S.
Decisions in Massachusetts on the sr!)jcct
Effect of a, instrument accepted Icr a preCiidoit dobl , Can a note to two executors as such be trans f: iicvl by endoi-sement of one ......
What held to be a good, note
As to holder of a, note by blank endoisPKimit Vol
Fraudulent transfer of, paper by factor so a.i to bind the owner
As to an action on a lost nots payable to bearer by the holder
When the holder of a, paper may sue in the name of a person who has no interest .....
May a party to a, note by his own tpstirnony i ivaliaate it Vol.
As to negotiability of pror.ilrsory nots in liio U. S.
Distinction between, notes and parol conlracts < .
Ab to sale of, instruments by pledgee .
Effect of contract by one partner concern iug, paper .
Liability of firm on, note made by one partner .
Joinder of partners in an action on, security
Effect of a, note given for an antecedent debt .
Rule as to the negotiability of bills of lading
As to assigner of a bond, by statute
As to holder of, paper before it is due
As to the making of a, note at a particular place
Extinguishment of a debt due on account by, note .
As to a, note made by an infant
When checks are circulated as, paper
Effect of making a note, at a bank
As to the rights of holder of, paper
Statnte of Michigan in regard to the negotiability of note
Vol.i. 10 10
" 24
33
• 37
u 7j
71
« 77, 123 « 82
83
« 84
84
85 "^ 85
" 97
'• 99*
'« 99
100
^'101,384
102
107, 137, 116
Vol. i. 108
109
•' 110
111,133,249
' Vol. i. 123
'118,125
'• ii. 226
357
366
'• 423
*» 465
C62
" iii. 67
" 130
131
135
196
" 292
« 296
« 301
" 334
360
NECTHAL NEW TRIAL NEXT OF KIN.
NEUTRAL.
Neutral— Insurances by a, on goods contraband of war . When, transport contraband goods to belligerents As to the concealment of papers which would destroy the, chaiacter
ofship .....
What necessary to satisfy a warranty of neutralify By what is the chaiacter of, property determined To what time does Iha warranty of, have relation As to warranty of American, property Effect of a foreifiTi cono urination upon a, warranty As to an unlawial icscLie in violation of the duties of Effect of a captne of a, vessel As to, goods taken on board of enemy^s ship
VoL i. 474
« 474
402
499
« 500
501
« 510
Vol. i. 512—519
Vol. i. 542
543
« ii.686
NEW TRIAL. Nbw Trial — Motions for, to what addressed . . VoL ii.264,265
As to granting, ex officio , . , " 264
To enable plaintiff to correct errors of attorney . ** 265
When a case will he lemanded for . . .• " 265
Rule as to ^rantiii^; for misconduct of party . , " 265
%\aie forgnmting, fornusconduct of jury . . . "265,266
As to affidavits of jurois on motions for . . . " 266
Rule as to allowing a, where the verdict is imperfect . " 267
What necessaiy for parly to show to obtain a, on the ground of 8nr<
pribe ....... 267
Rule as to granting*, ou tae ground of surprise in matters of law . "* 260 Rule for grantin*^. en th'^ ground of newly discovered testimooy Vol. ii. 269 — iii. 436
Rule for, for admibrioii of improper evidence
Rule where y.roper evi;Ieiice is rejected
As to, where ibe y.iC^e misdirects the jury
Rule for. where tlie veiciict is against the evidence
Rule for, where the vf.;jdct is against law
Rule for, on the ground of excessive damages .
Rule for, for excessive damages in cases of cnm. con.
Rule for setting aside a verdict for smallness of damages
Rule as to authoiity of v. court of equity to grant a, at law
Rule for granting, in a qy.i tarn action
Rule for, on motion of the prosecution in criminal cases
Difference between a, zvA a venire de no^vo
As to writ of eiTor wl.en court boir w r-^fuses a
As to where interest was allowed on an open account ' .
Vol. ii. 269
270
« 271
271
« 272
"107,273
274
274
275
276
276
276
" 39,40
" iU. 415
NEXT OF KIN. HsxT OF Kin — How ave persons designated as, in a will to be ascertained Vol. i. 323
Is an administrator a trustee to creditors and . . "386,387
When an administrator has delivered over the property to << 389
As to succession of, under the Roman law . * . « 391
As to, in case of a lapsed legacy to be paid out of a mixed estate '^ ii. 89
As to, taking by b .. li.^t i t h tion at the death of testator . . " 93
NIL DBBET-^NISI PRIU5 NOt.LK PROSEQUI — NON-ACCEPTANCK. 361
I9jiXT ov EiM— When a legatee's share goes to . Vol. ii. 100
Right of, as to a bequest under a power in de&ult of appointment "^ MO
Liability of executor to, for waste of estate . " iii. 165
Effect ofthe death ofone of, of an estate . . ^ " 156
As to stock left in trust for . " 103
NIL DEBET Nil Bebbt — Wheil, is the proper plea When, cannot be pleaded When the statute may be pleaded in Rule as to when, may be pleaded
VoLii. 11,471
« 14
128
" • 478
NIL DICIT
Nil. Digit— |As to judgment on
NISI PRIUP Nisi Prius — As to, record in a case of perjury
As to a repleader after a default at . . .
When judgment nin only is to be entered
NOCTANTER. NocTANTSR — When an indictment may be quashed for want of a
NOLLE PROSEQUI. N01.1.X Prosequi — When plaintiff may enter, as to part of the counts When plaintiff may enter, as to infant partner As to entry of, by district attorney
Vol u. 517
Vol. u. 486 « 540 « iu. 128
VoL i. 460
Vol. ii. 26 •* 428 " iii. 141
NOMINAL.
Nominal — Rule as to, parties
As to, plaintiff's for the use of an alien
NON-ACCEPTANCE.
Won -Accept A NOB — When agent is bound to protest for As to due notice of . .
When payee or holder may protest for Where protest for, may be made . , .
When sufficient to note a bill for When drawer is entitled to notice of As to evidence of . As to averment of, in declaration As to suit against the dra^yer and endorser of a bill on its Action on a foreign bill protested for As to suit against endorser for
NON-APPEARANCE. Non-Appxarancb — As to, of a corporation to a ^tco tMorcmto 46
VoLii. 47 48
Vol. i. 30
75
u 77
« 89 « 91 "103,124 "122,124 « 123 « 134 « 135 « 138
Vol. ii. 517
362 NON ASSUMPSIT— NOR JEPIT NO.V-f OMP!>tANCE— NON-JOINDIB.
NON ASSUMPSIT.
NoN Assumpsit— RuJe as to testimony under the general issue of . Vol. i. 361
As to plea of; with a notice of usury . ** iL 17
As to i^lea of, by infant partner . " 42S
As to, infra ux anttos to a declaration on a promise of indemnity " 481 Replication to a plea of, vrfra^ &c. ..." 549
NON CEPIT.
Non Cepit— Whatis . . Vol. ii 545
When, may be pleaded of a part ... ** 545
As to plea of; in bar ... . .'' 545 What, admits and puts in issue .'..." 545
As to, property in a stranger **546,548
As to plea of property as well as, in replevin . . " 548
NON-COMPLIANCE. NoM-CovpLiANCs — Effect of, with the requirements of an act of ineor-
poration .... VoL iL 517
As to, with a parol contract . ** iuL 325
NON COMPOS MENTIS.
•NoN Compos Mentis — When a party may set up, as a defence ,. VoL L 903
NON DAMNIFIC ATUS.
NoN Damnific ATX78 — When is, a proper plea VoLii. 480
NON EST FACTUM.
NoN BST FACTUM — What may be proved uudcr the issuo of . Vol. L 361
What is put in issue by ihe plea of VoL ii. 477 — iii. 288
Effect of going to trial upon the plea of, alone . . VoL ii. 477
As to proof on the plea of ' . . " 478
When plea of, may be rejected . , ** 478
As to. in replication to a plea of release . . . ** 485
NON EST INVENTUS.
NoN EST INVENTUS — As to 3,^ TetuTncd on 9i copios (jui totufacitndmn VoL i. 383
As to return of, on an execution . '^ ii. 122
Return of, by sheriff as to one of two partners '* 431
NON-JOINDER.
NoNnJoiNDSR — Of plaintiff ..... VoL iii. 15
Of defendant . « 16—18 When, may be pleaded in abatement VoL ilL 16, 17, 18, 20
As to, as a ground of non-suit *. . VoLii. 426
NON OBSTANTE VEREDICTO.
NoN Obstante Veredicto-— When plaintiff shall have judgment . VoL iL 481
Distinction between a repleader and a judgment . ** 541
WON-PAYMENT NON-PEHFORM A N'f K ^KON-^KBIPKNT.
863
NON-PAYMENT
Noh-Paymkmt— What should be stated in notice of Vol. i. 95. 128
As to notice of Vol. i. 75, 84, 93, 94, 95, 98, 125, 130, 132, 418— iii. 289, 291, 377 As to protest for Vol. i. 91, 95, 111, 116, US, 123, 134, 139— iii. 339, 340
Wheu drawer is entitled to strict notice of •
To whom is notaiy bound to §[ive notice Mast notice of, be in writing As to, of foreign bill of exchange As to evidence of . . • .
Necessary averment in declaration ii an action on a bill When endorser is entitled to strict notice of When most notice of, be given . When one rf two lessees mty be sued for the As to, of iastalment on mctgage
As to bilJ for foreclosure of mortgage and sale for, of interest As to forfeiture of mortgaged property by, of debt Rule at to the remedy for, of rent As to arrest on attachment for, of money . As to damages for, of obligation
As to notice of, where endorsei 'lies before maturity of note. What a sufficient notice of, to endorser As to forfeiture for, of rent*
|
. Vol |
i. 103 |
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116 |
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285 |
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"301,302 |
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NON-PERFORMANCE.
NoN-P£RFORMANCE — Ruleasto -^lo inay maintain an action for, of a proqiise to marry ....
As to damage resulting from, of agreement Liability of retiring partner for, of i:i executory contract As to legal excuiO ior, of contract . . . .
Liability of promiser for, of promise . .
As to recovery of damages for, of contract
NON-RESIDENT.
Noh-Rbsident — As to an order in cl.diu mj requiring, infant defendants to appear and answer , As to a bill in eqnily on a bo'id executed by a, partner Liability of property of, partner to foreign attachment Plea of ^i< pendencia by, il.f.^niint As to right of, creditor to sue out attachment . As to proceedings in attachment in the case of, debtors Attachment against, debtors in Virginia As to attachment when both creditor and debtoi are Attachment against, debtors in New Jersey As to false affidavits of . As to right of, to come in and make defence As to affidavit of, commencing suit by attachmea As to foreign corporations and, foreigners
Vol. a. 164 284
" 386 484
" iii. 117 195
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200 |
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370 |
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435 |
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483 |
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iii |
. 92 |
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123 |
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828 |
364
- >Un NON-USER — H^rt S7 — Nii FES.
NON-SUIT.
Noir-SuiT— W:iai is a . VoL ii 281
Kule for granting, for failure of evidence ..." 281 Rule where the declaration does not contain a sufficient cause of
action ^ . ** 283
When illegal pannership ma}'- be a ground of . . " 423
When non-joinder may be given in evidence as a ground of " 426
As to, in an action ex contractu against partners . . ** 430
As to, of plaintiff in replevin ... "iii. 267
When the court is justified in ordering the jury to find as in cases of " 268
NON-USER.
NoN-tlsBR — Dissolution of corporations by . VoL i. 281, 283
As to forfeiture of coi^orate rights of a bank by . . Vol.iii. 295
NOTARY.
Notary — Duty of, as to demand .... Vol. i. 78, 89
Whatiftherebeno . * . Vol. i. 89
' As to presentment of bill by . . "90
As to protest by .... . "91,131
What a sufficient notice by . . . "96
Where a note is given to a, to protest . . . ** 111
Is a, orf protesting a note bound to give notice to all the endorsers " 116
As to attestation of, under his sea] to protest . . " 123
As to oat! 1 of, of regular habit in givin;; notice . " 140
Authentication of a power of attorney by a . " ii. 512
When the, protest is prima facie evidence of notice to endorser * . "iii. 300
NOTES.
Norss — ^Effect of the ccrcptance oTa, on account of a debt Vol. L If
As to action on joint and several . " IC
As to taking joint, by agent "30 Where a factor sells on credit and takes, in his own name Vol. i. 33 — ^iii. 1U5, 117
When the holder of a, has a right to sue in t!!ie name of a bank Vol. i. 52
When does the law adjudge, paj^able if no time is expressed " 71
As to suit against drawee of a, by endorser . "SI
As to a, purporting to be given by two and signed only by one " 82
Action against endorser upon a, fraudulently put in circulation " S3 Effisct as to the quality of a, of advancing the money and taking it
up . « S5
As to transfer of a, as collate i-al security , . . ** 85
Assignment of part of a demand due on a . "86
May a, over-due and dishonored be negotiated . . '* 86
As to right of endorsee to recover on a, endorsed in pencil mark " 86
As to demand on maker of, who has removed to another state . *■ 87 Rule in the English law respecting demand of payment where, is
payable at a particular place . . ' " 87
As to averment of demand on, payable at a particular place Vol. i. 89, 112, 142
NOTES (continued).
365
NoTBS — When demand of payment on, must be made
As to demand when the third day of grace falls on Sunday
What sufficient evidence of demand and refusal to pay
When a, is payable at one of several banks
When must a, payable on demand be presented for payment
A> to notice where, is payable at a bank
As to due diligence in making demand
As to reasonable diligence in giving notice to endorser of
As to, made for the accommodation of endorser
Notice ^o endorser where, is discounted for accommodation of maker
Excuse for not giving note to endorser of
Mistake as to the date of, in notice
What necessary to charge endorser of, held by a bank
As to notice where a, is transmitted to an agent for collection
As to notice where endorser takes an assignment of maker's estate
INCIDENTS OP NOTES.
Resemblance of, to bills of exchange .
Is a promissory, an extinguishment of a simple contract debt . Acceptance of a, for a precedent debt A, taken by express agreement in pa3rment of a judgment * As to days of grace allowed on, .
Is a, not negotiable entitled to grace Is a bill or, confined to any set form of words . As to negotiable, pa3rable in bank
As to, payable within two months after ship is paid off . Action in favor of endorsee of a, against a citizen of another state When payee of, is competent to prove alteration Liability of maker of a, to endorser for costs of default inpayment As to endorsers on accommodation As to a, made without consideration Is the endorser of a, liable for fees of protest As to new, and check taken by cashier of bank for old What if a person sign a, as guardian As to a guaranty warranting the collection of a Duty of assignee of a, not negotiable As to material alteration of a Efiect of an alteration of, by the maker
As to fraudulent transfer of, so as to bind the owner against nolder As to new security given to holder of usurious May a person who holds a, as trustee sue in his own name As to, or bill payable to a fictitious person . As to a tender by endoraer on the day next after, becomes due A, given to a sheriff on an arrest in lieu of a bail-bond When joint liability must be proved against maker of As to evidence that, was delivered as an escrow, &c. May a party to a negotiable, by his own testimony invalidate it As to, for money knowingly lent for compounding felonj As to a, or b« nd given gratuitousir,
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89 |
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. Vol. i. |
98 |
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366
NOTE8 (continued).
NoTBS — What is the maker or endorser of a, liable to pay .
Where the holder of a note has obtained possession by fraud
As to negotiable, endorsed in blank and fraudulently taken from
owner .....
May a, be negotiated during the days of grace If a, contain the words " I promise to pay" As to demand by cashier on a, payable at a bank Duty of notary on protesting a, for non-payment As to, taken by sheriif in satisfaction of a ca. ta. Where the maker of a. cannot be found when it is due As to notice of protest sent to a town where, bore date May an agent holding a check or, payable to bearer sue in his own
name .....
As to necessary averment in declaration on As to secondary evidence of a lost As to a, payable in specific articles Where the maker of a, signs it in a different name When infancy is set up against a, executed in a fbreign country Assignment of a, made during the pendancy of a suit As to a, pa}'able in a certain number of years with interest annually As to alteration hy partner of jpint, to joint and several . Validity of, given for compounding a misdemeanor . Action of debt by payee against the maker of a What a sufficient notice to endorser of demand of maker of, on the
third day of grace .... As to protest of an inland biU or .... When a bill or, is pritna facie evidence of money had As to omission of the place where, is payable in declaration . Necessary proof in case of a lost ... As to necessary averment against endorser cf bill or . Rule as to diligence of holders o^ in order to charge endorsers Does a, for a pre-existing debt, discharge the original cause of action As to waiver of notice by party to a . As to a bank, where the names of th« president and cashier are torn
off May the consideration of a, be inquired into As to lien of vender who sells for a As to, deposited in a bank for collection
Evidence of a promise to pay interest where it is not mentioned in As to proof of signature to a promissory When the maker of iL, may be a witness
Presumption if a man put his name on the back of a, not negotiable Right of holder of a negotiable, endorsed in blank May, be put in suit on failure of debtor, though not yet payable As to a, payable on the " first day of May next'* As to suit on «, not negotiable
Can maker of a, avail himself of an equity against a fair endorsee May the maker of a, prove its execution As to demand when the maker of a, retides in another state
YoL L 114
114
115
115
« . 116
" 116
116
116
"116,141
116
117
. « 117
** 118, 126
119
119
119
120
« 120
121
122
126
125 126 « 126 126 126 127 131 134 135
135
135
135
136
136
136
136
137
137
« 137
" 137
138
« 138
« 138
« 139
NOTES (continued).
367
No izB— When must notice of non-payment be given
Is a wife bound by a, on which the name of her husband is written
over hers ..... When a party sued on a, may be required to answer on oath Is a, payable in sugar negotiable
Where creditor gives a receipt for a, in payment of his account As to, placed in a man^s hands to secure him for advttfSces Can payment of a, or bill aupra protest be made before protest . As to error in the description of a, in pleading . Can a bank contest the right of a' person to a, who lodged it with
them .....
As to .liability of a surety on a . As to suit on a, as lost but admitted to have existed Where a, is made payable at the house of maker A, made in another state, by what laws governed Is possession of, prima facie evidence of title When a, operates as a novation As to a Joint and several, by husband and wife Offer of endorser to endorse a, of the same sum When a, is pajrable to the wife As to notice of transfer of, on which suit is brought As to, taken ap with endorser's name on them As to a transfer written on the back of a
As to a, by one partner to another Vol.
Where the holder of a, grants a respite to payer Re-possession of a, once transferred As to endorser of an accommodation . .
As to a, by an infeint afterwards paid by surety What a sufficient consideration of a guarantee for the payment of a Effect of usurious consideration on a bona fide holder of . Effect of usurious transaction respecting a . As to a, given to secure interest at an election . As to a, given to induce a person to sign insolvent's petition Deposite made in, of the bank which were below par Acceptance of the, of a third person for price of goods As to, given the treasurer of a corporation as such Effect of an assignment of a, by a foreign executor in a foreign country Trial for uttering forged .... As to making plates for the purpose of forging As to a guaranty of ... .
Effect of a promise to endorse the, of a third person . Injunction to restrain negotiation of .
As to a judgment recovered on a, given for payment of goods . Rule as to an action of endorsee against endorser of When sums lent on, can be tacked to mortgages Assignment of a, secured by mortgage Sale of property mortgaged to secure, payable at different install
ments As to, taken for partnership property in the name of one partner
Vol i. 139
« 139
« 140
« 140
" 141
« 141
« 141
" 141
" 142
143 " 143 " 143 " 143 " J 43 " 144 « 144
144 " 144 « 144 " 144
145
145-ii. 361
VoL i. 145
" 145
« 145
205 "213,281 •* 246 « 247
252
254 " 259 " 261
280 « 393 « 396 « 397 "417.420 " 421 « 464 " ii. 17 49 " 174 « 189
« 201 *" 324
S68
'fOTE.S (c^NTINVED).
NoTss-- As to, by one partner on account of the partnership
Of one partner for the return of capital
Effect of a, by one partner in the name of the firm
Assent of firm to, in the name of the firm for the separate debt of one partner .....
Acceptance of, of partner in discharge of retiring partner*8 debt
Liability of partners on^a, given by one partner in the name of the firm after dissolution ....
As to a judgment, of a partnership debt given by surviving partner in name of firm ...
Guaranty of partnership
When a, is a continuing security
Suit on a joint and several, made by a firm and a thiid person .
A, executed in the .name of the firm by infant partner
Action against a firm on a, given by one partner in the name of the firm* . ^ . .
Effect of a, given for an antecedent debt
Pleading payment in actions on . . . <
Declaration on a promissory ....
Application of set-off to ....
As to a guarantee of a, without consideration
When a person en^aranteed will be allowed to renew
Where several, given to creditor and secured by a deed of trust
Assignment endorsed on the back of a, aud retained in hands of as- signor
As to a, given for debt to stay execution
When, are subject to attachment
When an attorney is authorized to bring a second suit on, after non- suit .....
Confided to agent for collection ....
As to a, in hands of attorney with instructions to bring suit
Action on a, for the payment of a certain sum in bank
The making a negotiable, at a particular place .
As to fraud among makers of, discounted at a bank .
Where the maker of a, removes into another kingdom
Alteration of the date of a, by holder
Where a, payable in specific articles, fa', lx due on Sunday
Where endorser takes a mortgage from the maker of, to indemnify him .....
Where a, is purchased for a less amount than is due on it
As to defect in date of . ■ .
As to, taken for debt due on account
As to negotiable, made by an infant
Purchasing a, at a greater discount than the rates of interest .
Alteration of a mistake in .
Assignment of a, in bank before it is due
liability of bank for failing- to demand payment of
As to a bunk buying up its own, at a discount . A, executed in Michigan payable in New York funds
YoLiLSSl " 333 "357,366
" 381 386
398
«* 401 419
« 423 427 498
« 430
''465,466
« 474
475
tJDO
'• 694 " 701 « iii. 57
60 66
" 90
" 105 106
"123,124
« 129 131 131 131 132
" 133
"133,218
" 134
134
135
196
" 244
" 259
265
« 294
« 296
« 334
MM' GL'ILTY — NOT4CE. - 369
NotKS-i-A promissory, uot payable in cash or specific articles Vol iii. 335
Days of grace governed by laws of place where, is payable . " 339 Where a, is partly written by one hand and finished by another wJth
different ink . . . " 364 Where a creditor holds two, and an unappropriated payment suffi- cient to pay one . . . " 451 Claim of one who pays another's share of . . . " 455
EXHORSKMENT OP NOTES.
^ As to endorsement of, by cashier of a bank . . . Vol. i. 26 Necessary proof in an action against an agent for endorsing, with- out authority . . . . \ " 681 If a blank, or check be endorsed, to what will it bind the endorser " 81 Effect of endorsement of a, not negotiable '. . . " 84 As to endorsement of a, with a lead peacil instead of ink . " 86 Endorsementofa, payable to bearer . " 86 As to endorsement of, payable to two executors as such by one " 101 • Effect of contract by enddfSement as to subsequent endorsers to . " 104 Endorsement ofj by two for accommodation of maker . •* 105 As to holder of negotiable, by blank endorsement . '^ 107 As to an agreement by the president and cashier of a bank that en- dorser of, shall not be liable . . . " 108 As to a, endorsed long after it falls due ..." 117 Endorsement in blank on a promissory Vol. i. 134,137, 142 As to right given by blank endorsement of . . Vol. i. 138 May endorser be a witness to pro\e alteration of, after endorsement " 138 Payment of a, to a person not authorized to receive payment . " 139 Asto an obligation written over a blank endordementby endorsee of a ** 139 As to proof of plaintiff's right to, regulariy endorsed . ** 1^^2 As to suit on, held by blank endorsement . . ^ ** 145 Injunction to restrain the endorsement of . . . ** 454 As to a mortgage to secure endorsement on „ Vol. ii. 175, 337 As to, endors^ by firm before dissolution and put in circulation
after , , . Vol. ii. 400
Endorsement of, by partner , . . " iii. 444 As to contracts to receive a reasonable compensation for endorsing,
of another . . . " 492
N NOT GUILTY.
Hot Guilty — Plea of, in an action of trespass qiiare ctnusnm fngU What is put in issue by the pica of . . .
When defendant appears and pleads
NOTICK Notice — As to, to attorney of revocation of power .
When agent is bound to give, to holder of non-payment When proof must be given of, of proles: to agent To whom must assignee give, to insure protection . As t ) a promise ^.0 a^ vn, to a party wlie. he may draw a bill
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370
NOTICE (continued).
Vol.
Notice — As to due, of non-acceptance and non-payment .
Effect of a stipulation to waive
Of protest and
What is a reasonable ....
What is the legal fonn of a .
As to, of dishonor of a bill ....
What constitutes reasonable diligence in giving, of protest
When endorser is entitled to, of non-payment .
As to where, of protest must be sent
What a sufficient, by agent ....
Rule as to, in case of guaranties .
When the holder of a check is bound to give, of its dishonor
When a drawer without funds is entitled to
As to a release procured by the original debtor after, of the assign- ment .....
When a bank is bound to give the requisite, to endorsers
What a sufficient, of non-payment
As to, of non-payment to endorser of accommodation note
As to, of non-payment when the second day of grace falls on Satur- day . . . .
As to waiver of demand and , ^^'^' * ■
As to precise form of, to the endorser of a note
Where, should be given when the parties live in the same town
When party to a note entitled to, may waive the, by promise
When must, of protest be given ....
Of what does the question of a reasonable, to the endorser partake
When must, of non-payment be given
Is an endorsee without, affected by any equity between the par- ties .....
Is, of protest necessary to charge the drawer of a bill
When a bank may be sued for neglect in protesting note and giving
Wheu endorser of a note pleads the general issue, want of, &c.
As to place of deposit for, of protest
As to, to maker of the transfer of note
What notary's certificate should state as to
When carrier waives, and is liable for any dafRages that m^y arise
When delivery to a carrier must be accompanied with
When carriers are bound to give, of the arrival of goods
What necessary to make carriers, available
As to, when carrier sends the good.s by a differeirt conveyance
As to limit of carrier's liability by
If the, is published in a newspaper
Where a carrier gives two, by >vhich is he bound
Must carrier's be published to the world
When, binds principal in respect to all his agents
Shall a mortgagee without, be protected agrinst a prior equitable right . . . .
As to, of an assignment of a cliose m action
As to, under the general issue
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Vol.1 |
. 75 |
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NUDUM PACTUM — ^EIUISANCS— NUL TIKL.
371
NoTioz«-As to, that bill or note had been tainted with nsoiy .
As toproofo^ofincumbnnce ....
Rule as to a sufficient, to preserve the validity of a mortgage
As to the nature of constructive
As to where the doctrine of^ applies .
Distinction between the English and American doctrine of con<
structive ..... When pawnee may sell tx mero motu upon giving dae Rule as to the effect of, to one partner When partner must give, of his retirement . Effect o^ of a partner's retirement Asto, of dissolution of partnerahip
What a sufficient dealing with a firm to render special necessary As to, of acceptance of guarantee As to, of assignment to debtor . . Vol.
A judgment cannot be amended without, to party As to evidence of; of protest As to sufficient, of dishonor As to, of Bet-off under the general issue Defect in, of bail .... When, of exception should be given As to, where the endorser dies before maturity of note As to, necessary to charge endorser .To purchaser of another claim
VoLL246
270
" U.191
" 192
193
« 194 « 822
385 "396,398 « 399
700
iii.56,56,74
VoL iii. 118
133 « 135
234 « 273 " 375 " 297 « 302 « 437
NUDUM PACTUM.
NrnvK Paotom — As to an agreement which is, at law * Vol. iii. 117
When an agreement is ... ,. ^ 341
NUISANCE
Nuisance — What is understood in law to be a . Vol. ii. 277
Into what kinds are, distinguiahed Vol. U. 277—279
As to the proper remedy for obstructing a highway . Vol. ii. 279
Rule as to liability of corporations for committing " 279
Rule as to evidence necessary to support the action " 280
As to injunction to suppress the continuance of public or private ** i. 464
When, may be punished by indictment . . ** ii. 550
As to right of state to abate . . "iii. 438
NUL TIEL.
NuL TiBL— As to plea of; record
As to sufficient evidence on the plea of, record
As to an issue of, record
When the proper plea is, record .
Rule for pleading, record
As to issue joined on the plea of, record
Amendment of icirt faciat after, record pleaded
VoL i 315— ii. 11 Vo.. a. 14 " 55
« 478 « 479 " 561 « 562
372 OATH OBLtGATlONS.
OATH.
Oatht— When plaintiff's, may be admitted to prove loss of bill > ol. i. 100
When a party sued on a note may be required to answer on .« " 140
As to, of notary of his reg:ular habi^ of giving notice . ' " 140
As to whether a child understands the nature of an . " 346
When children may be examined on . . Vol i. 346— iii. 364
When bankrupt's wife may be examined on Vol. i. 352
As to depositions taken on, by committing magistrate . " 366
When 'the sanction of an, is required to establish foreign law ** 368
Guilt of one who takes the life of another by a false . . " 433
When it must appear that indictment was taken on " 442 As to issue of warrant upon, of complainant . Vo I i. 44^— iii. 41, 42
Indictment presented upon, by a grand jury " 456
As to, of complainant before grand jury . . . . ." 457
When male may take the, of allegiance . . " 461
As to instruction to qualify a child to take an .. . " 462
When complainant may be allowed the benefit of defendant's . ** ii. 24
As to the crime of taking a wilful false . . ** 485
When a false, is indictable . . "485
As to an, taken before a person acting in a private capacity . " 486 As to authority to administer an ..." 486
, Occasion of administering . . . . " 486 As to the object with which, was taken ..." 4S7
As to charging a person with taking a Mae . . " 690
When plea to jurisdiction must be made on , . ** iii. 10
As to taking the poor debtor's . . . ** 34, 94
When trustees are to account upon . . . "82
As to usual, of attorney . . • "100
As to, of collector . ' . . "138
What must be stated on, to hold to bail . . " 283
OBLIGATIONS.
Oblioations — What is an . . . . Vol. ii. 2S2
Into what general classes are, divided . . . " 282
Essential qualities to an . . . " 283
As to the object or matter of an . , . . . " 283
Rules in the civil law for the interpretation of . . " 284
When principal is entitled to indemnity for violation o(, by agent " i. 32
As to lien of one who is under, to receive and be at expense ibr goods " 46
As to, of equal justice . . . * 65
When, is complete . . . " 69 As to gratuitous forbearance without ..." 70, 419
Is a moral, a sufficient consideration for an express promise . " 113
As to, to demand payment . . . . " 132
Written over a blank endorsement . . . " 139
What essential to a good . "149
AVhen a condition is void and not the . . " 149
Effect of tearing of the seal of one to a joint and seveK " 151
When a party has performed the, in good &ith . . " 190
' OBLIGATIONS (CONTINUEO).
373
Vol. i. i\0
" 218
?oLi. 216,217,219
Vol. i. 244--U. 65, 254, 696, 710
Vol. L 257
« 258
OBLXOATioMS-^Liability of the husband for the, of his wife What a sufficient .... When moral, and promise is a valid consideration As to moral and legal . As to a law impairing, of contracts When party bound is discharged from his
When an, is discharged by an ordinance of government . . " 260
As to misnomer of a corporation. in a grant or . . ^ 279
Effect of dissolution upon the, of a corporation " 281
When moral, must appear to make a promise valid . . ** 291
As to sealing written . . ** 295 As to an, executed by a person under apprehension of losing his life
orUmbs . . . . . *» 385
As to the, of an oath .... "346
No nation is under, to enforce foreign laws . " 392
As to, by promise to marry .... *' 453,454
Of innkeeper to receive goods . . " 464
As to concealment which will dissolve the, of the policy *^ 492
Imposed upon vessel by her national character - . . " 499
Of owner to keep vessel seaworthy during voyage . " 506 Relative to ship's documents .... "508,509
Rule as to captain's, to tranship cargo . . . *' 549
As to captain's, to indemnify . . . " 581
When one, forms the consideration to another . " ii. 24 Rule as to, of state courts in matters cognizable under the laws of
the United States ' . . . . . " . 62
General principle as to laws impairing the, of contracts ** 68 Rule as to the, of one who enters upon land without the consent of
the owner . . . "71
When assignee takes the interest subject to, of lessee . " 72
When surety pays money by virtue of a legal . " 123
Rule as to reviving an, barred by the statutes . . " 125
Of supreme court to issue maniamiM . . "138
As to natural and moral, to provide for wife a^d children . " 163 Rule as to the, of pawner in regard to the title of the thing pawned " 234
Extinguishment of the right to pledge by taking an . . " 235
As to, of parent to maintain his children Vol. ii. 288, 290, 291
As to, of a child to support his parent . Vcl. ii. 292
What are the, of parents towards their illegitimate children . " 292
Rule in equity as to, of partners towards each other . . *^ 306
As to, of partners after dissolution . . ^ ** 311
Rightsand, of partners under articles . Vol. ii. 312— 318
As to damages for breach of . . . . Vol. ii. 330
As to, resulting from partition of inheritance between heirs . " 401
Where two persons contract an, together . . "402
When, will bind partners tn toUdo . . . " 403
As to creating an, in another . . . . " 422
As to fulfilment of • . . " 463' Will the loss of premises by fire exempt the party from, to pay rent ** 934
374
OBLIGATORY OfiSTRUCTIOA .
Obxjo ATJONS — As to, of feudal tenant to pay rent in service .
Rights, duties an.-!, of captain of vessel . . Vol
As to, of captain to seamen ..... General, of parties with regard to hiring seamen What necessary to make an, of surety binding . IVhen party incurs no, as surety . As to, of sureties ..... IVhen surety may he relieved against his . IVhere one through mistake of the law acknowledges himself un- der an . When a declahition o^ may be required As to surety for all the, of principal debtor When the place of payment may render, burthensome to surety As to extinguishment of, of surety As to gratuitous forbearance without binding . When surety is a joint .... As to, of surety ibr illegal consideration A trust is a personal, for paying or performing an} thing As to implied, of trusty .... As to change in, and duties of testator Liability of witness after discharge fiom, of subpcBna Distinction between, of contract and the remedy to enforce that As to right of assignee to discharge . As to an, arising out of a contract of bailment What completes the, of dnwee to pay draft As to, to accept draft ....
VoL iL 975
ii. 695—599
VoL iL 631
"633,634
692
« 693
« 693
« 694
695 « 698
699
699 " 701
703 " 705 " 707
709 " 714 « 723 « iii. 34 37 « 69
•* 160 " 162
OBLIGATORY. Obligatort— As to when a promise is sufficiently certain and Vol. i. 454 As to how far it is, on owner of vessel to keep her seaworthy dur- ing the voyage . " 506 When state laws are, in courts of the United States . *^ ii. 12 When declarations are unequivocal and . *< 164 As to when a sale made by pawnee is *< 222 As to when agreements are held valid and . ^ 242 When a guaranty is, upon the company ..." 362 When an instrument in the name of the firm and void against the finn
is, upon one partner . . ** 371
When judgment confessed by one partner is, on the firm ** 372
When debt contracted by one parter is, on the firm ** 403
As to when trusts are, upon the conscience of the paity ^ 504
Recognizance may be respited and still be • . . ** 522
What is necessary to render the contract of surety ** 692
As to transfer of debt with all its, force . ** 706
When an assignment in one state is not, upon citizens of another ** iii. 96
OBSTRUCTION. OvsvEUOTioN— When officer may remove eveiy, to the eiecution of his duty ......
Voi.L
OCCUPANCY OCCUPANT — OCCUPATION 0FPKNCX8.
375
OCCUPANCY. OcouFARCT — As to the Indian title of . . '. .
OCCUPANT. OoouPANT — As to improvementB made by . Lands with no actual Bight of prior, of mill seat .
OCCUPATION.
OooupATioN — As to damages for ase and, of land As to actual, to constitute possession
As to count in declaration for use and . ' .
Form of action for use and, of land When action of assumpsit for use and, can be sustained
OFFENCES. OwvEHczs — Necessary statement of the, in informatioa in admiralty
As to, of attempting to enter a blockaded port
As to, of intention to commit hostilities
What are the, which incapacitate from giWng evidence
As to disposition of prisoner to commit
Punishment of, under the common law
What is the, of causing the death of an apprentice by hanh treats ment ......
When provocation may have the effect of reducing the, of killing to manslaughter ...
As to the, of killing by poison
If a man in his sound mind commit an
In what two degrees may a man be principal in an
As to trial for a capital
Shall a man be twice charged with the same
When an act creating an, is repealed .
As to, withiu the jurisdiction of the circuit court
Rule as to military
By whom can crimes and, be remitted
As to cause for challenge on a trial for the, of murder
As to statute of limitations with respect to a particular
When a second marriage is an indictable
Rule as to new trial in, greater than misdemeanor
As to the, of neglecting to give alms .
As to the, of false swearing
As to the probability of the commission of the .
As to jurisdiction of the, of rape .
Ot seduction . . . »
Pumshment for second, of purchasing a ship in a foreign country
When master of vessel may inflict punishment to prevent the re- currence of .
As to penalties against ....
As to, fi>r which a mariner may be discharged .
|
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i.Ll96 |
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VoL i. 312 |
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ii. 561 |
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iu.215 |
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VoL i. 341 |
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ii.ll7 |
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471 |
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150 |
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362 |
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396 |
430
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436 |
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442 |
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446 |
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94 |
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64 |
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tf |
118 |
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147 |
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276 |
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282 |
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489 |
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519 |
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520 |
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562 |
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618 |
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VoliL |
619,620,021 |
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Vol. |
ii. 622 |
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638 |
OFFIOSR>-OMI8B10>.
OrvEN'JEi; — N< rfli^ "^v. ju .stMiaen a maritime
As CO correcting seamen for pant: ... Of piratically and felonioualy rumiing awaj Paoishment according to the nature and aggraTation of Liability of debtors imprisoned for a criminal
Wliat will constitute the, of assault with intent to kill - As to, amounting to felony, - - .
When a different, is proved from that charged in the indictment
OFFICER. DnicxR — When au, is ja^tifi.Ojle in killing a p rson
Whea killing by ai), is murder - • - • •
When killing by peace, is manslaughter '
When peace, is juslitiaiile in breiikiug an outer door -
When, acts without authority
Peace, not bound to part with his warrant
Why cannot, break open the doors on the execution of civil process
Effect of the death of principal, of ship
Jurisdiction as to mandi,nw to a public Challenge for partiality or d'ifault in - -
When revenue, becomes insolvent
As to p.ky an enoluJieiit of, uuler the Raman law -
As to plea^of justificatiou by an
When, fees must be tendered to him
Sheriff is an executive
As to liability of sheriff for the acts of his
As to killing baliff or other
Liability ot master of ship for the negligence of his
As to treatment of mariners by, of ship
As to punishment of seamen by Effect of an, mixing goods attached by him Effect of an attachment as to the right of . As to defective return by . A public, js not liable to foreign attachment As to appointment of . . .
Relative to attachment by an When an, is rendered liable as a trespasser ab initio As to surety in the official bond of an Where the, in replevin tftkes insufficient surety As to amendment of mistake of, of the court As to duties and liability of attaching When the payment of a debt to an, discharges debtor As to right of, in levying an execution As to conspiracy or fraud in a public Compensation ofan,«of the United States
OMISSION.
Omission — By agent to give notice of partial acceptance* As to, in declaration on a promissory note .
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7oLiL644 |
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648 |
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C( |
652 |
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653 |
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, « iiL 82 |
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120 |
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165 |
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Qt - « |
180 |
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Vol. i. 426, 429 |
,441 |
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Vol. i. |
434 |
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'* 435,436 |
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•* 439,440 |
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439 |
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. u |
440 |
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process '^ |
440 |
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- " |
534 |
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^ ii. |
44 |
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Vol. u. 63— iii. |
138 |
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- Vol. ii |
107 |
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219 |
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471 |
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548 |
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577 |
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579 |
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582 |
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618 |
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619 |
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621 |
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Vol. iu. 70, 77 |
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" 79,80 |
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91 |
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231 |
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261 |
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267 |
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368 |
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372 |
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K |
477 |
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. Vol. i |
. 78 |
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« |
126 |
OPPRESSlOiS ORDtK— ORIGINAL OWNERS.
377
OxiMiOK — As to, of ^^ junior m a name May the court supply, in* a wi!l . As to agreement, securities, &c., for, of a public duty To furnish ship with proper documents Effect of, to register mortgage As to, of ordinary diligence . . .
Liability of pawnee for, of duty
As to excuse for, of duty ." . . '
Of act necessary to^ive validity to written instrument . Relief for mistake or, in a will Liability of partner for neglectful Effect of, to insert jnvut patet per recordum in pleading a matter of
recoil .....
As to, under the general issue
When, in a writing cannot be supplied by parol evidence . When, of creditor will discharge surety . .'
As to the, or insertion of a middle name When plaintiff must prove^ As to, of court to render the proper judgment . Amendment of, by officers of the court As to, of fact through mistake of counsel As to, of averment of special request Ab to acts and, of the master and mariners Effect of an inadvertent, of facts material to the risk .
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. Vol |
Li. 292 |
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317 |
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a |
405 |
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510 |
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iLl90 |
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229 |
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11 |
232 |
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241 |
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u |
253 |
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255 |
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412 |
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I u |
472 |
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ct |
484 |
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(t |
697 |
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70? |
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iii. 19 |
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133 |
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(( |
235 |
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"261,263 |
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262 |
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(1 |
327 |
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a |
411 |
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(( |
412 |
OPPRESSION.
Oppression — When courts of equity will set aside contracts if there is ground to suspect . . . . - .
ORDER. Ordbr — Does an appeal lie from an interlocutory
Proof of a decree in chancery by a decretal, in paper . As to an, in chancery for the sale of infant's property As to injunction issuing by, of a court of equity , Effect of an, to pay a debt out of a particular fund When trustee may sell without an . . .
As to an, for future sale ... When, to take bill as confessed will be set aside
ORIGINAL. OuaxMAL — As Xd the, jurisdiction of the supreme court ^Vhe^e, jurisdiction is given to the inferior courts In what cases have the circuit court, jurisdiction OWNERS. OwsBiis — When, of ships, steamboqi? "-'' ^^-^rees are common carriers Liability of masters and, for repaira oi vessel Proper resort for the rightful, of land sold for taxes of another As to the right of master of vessel to procure insurance for When action may be maintained on the policy by any one of the 48
Vol. i. 401
Vol. i. 193 370
" 425 464
" ii. 113 197 203
" iii. 114
Vol. ii. 30,44 " ii. 32 " 45) 46
Vol. i. 158
« 203
300
"469,475
" 470
378
OwRSBS— If defectbe uiJcnown to the
As to insurance by, of caigo without a reqtiest from, of the vessel As to insurable interest of, who has mortgaged vessel for its full value Where, of property insured as neutral live in belligerent country When character of vessel is determined by domicil of As to general, and, for the voyage Effect of trading with an enemy without leave of ; When the ship is absolutely lost to the
Expense to be borne by, of vessel - • . » VoL i.
When part, of vessel may be compelled to give security As to entry upon land without consent of the . When a sale by one not.the, will bind the, of goods . .How may ownership of ships be acquired What the necessary evidences of ...
How far is the register evidence of .
Rule as to the relation of part .... Rule as to rights of part, to control the ship Rule as to the liability of part, for damages of ship . How far may one part, bind the other for repairs How is the interest of part, considered with regard to third persons Effect of sale by master as to the As to appointment of master by the owner As to bill of exchange drawn by the master on the . As to ship, lien for freight .... Obligation of the master to the .... As to responsibility oi^ for the acts of the master When repairs or supplies are ordered by the Relation of new master to the . .
When the master is part ....
What the first obligation on the part of the Obligation o£ to provide for the subsistence of the seamen Responsibility of, for goods embezzled on boardthe ship As to expenses where the, of the cargo are the authors of the delay When ship, performs his engagement Liability of, not varied by the presence of a pilot As to liability of, in cases of collision As to liability of, to attachment When, of cattle attached must provide for their support Liability of, of steamboats for baggage of passengers Rights of, of streams ..... Lien of finder of lost property when, refuses to pay the reward
VoL I. d(M
476
•• 479
493
500
540
« Ml
547
570, 580, 581
Vol.iL 60
71
141
583
•* 583
" 560
•* .-590
500
". 502
594
505
600
« 606
610
614
"615^686
616
618
•« 623
•« 626
" 633 u ^34
" 663
" 678
" 677
« 683
** 684 ** iii. 77
u 79
« 128 « 338
** 428
OYER
Otrs— When defendant in debt on a bond craves When defendant may crave, of a deed As to, of letters testamentary As to recognizance taken in the, and terminer As to a bond spread upon the record by When, of a bond has been demanded
. VoL L 150
- 315
Vol. ii. 41— iii 20
VoL ii. 523
. ^iii 16
" 4SI
PAIS PAPEBS — PAKCENEKS — PARDON PARENTS.
379
FAIS. Pa t»— Payment after judgment is a matter in, and provable by parol
The issuing of execution and the delivery to sheriff are mere mat- ters in ..... .
As to estoppel by matters in .
PAPERS. Pafirs— As to attorney's, solicitor's and factor's lien on, for balance of accounts .....
As to banker's lien on, for balance of accounts What the method of compelling witness to bring into court, which
are deemed necessary evidence in the cause . May be shown to witness on his examination to refresh bis memory To whom the testimony which establishes the loss of, is addressed Notice to produce, may be proved by parol Hand-writing may be proved from authentic, received in the course
of business .....
Rule as to the concealment of, relative to insurance What the effect ilpon policy if loss ensue for want of, required by
the law of nations or treaties .... General principles as to attorney's lien on, in his hands, for services
and expenses ..... As to granting new trial if, not prexiously submitted, are surrepti- tiously handed to the jury .... If, fumisbing material evidence in &ivor of the party prevailing, go
to the jury through mistake, a new trial will be granted As to the liability of private, and account books to attachment As to compelling attorney to' produce deeds and, entrusted to him
by client, to support indictment of forgery An attorney or counsel who has been entrusted with, is not bound
to produce them in evidence on the call of opposite party An attorney may be called on to prove the existence of . As to attorney's lien on client, for costs
PARCENERS. Parcxners — May maintain ejectment against each other on an actual ouster ......
Who are, by particular custom ....
Remedy of, in equity for an account ....
In what points, differ from joint tenants
PARDON. Pa BOOR— Competency of witness may be restored by
PARENTS Passu TS — Of wbat the duties of| towards their children consist How long the obligation of, to maintain child continues From what the rights of; result ....
Vol. i 37»
" 380 " ii.53l
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Vol. |
i. 50 |
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51 |
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343 |
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365 |
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377 |
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510 |
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(( |
270 |
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iii. 75 |
110
in 111
112
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. 337 |
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Vol. i. |
347 |
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Vol. ii. |
.287 |
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tt |
288 |
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288 |
380 PARISH — PARKS PAROi.
Parents — Genera.] principleis as to the dufies of chiidren to their . Vol. it 2W Rule as to the right of the father to the custody of his children *' 289,290 Rule as to the rig^ht of father to the services or earning^s of his chii- dren . . . •* 290 Rule as to the liabilities of, for their children . . ''290,291 What the obligations of, towanls their illegilimale children . "292,293 Contracts and conveyances whereby benefits ore secured by chil- dren to, are objects of great jealousy . . . " 1. 406 Aa to the jurisdiction of chancery to remove infant chililren from
custody of . . . . . "424
And children comprehended under the excuse of «c (/f/bK/rnf/o . " 445
Rule as to the ademption of legacies i^y the advancement of poj-iions '• ii. W
Want of consent of, to a civil disability to conlnicl marriage . " 144
What the rule as to the consent of. and gun rdiuns *'144,14v
Devise given to woman on condition that she marry with consent of '* 242
What the general rule for construing a power to appoint to children " 503 What necessary to enable the father to sustain action for seduction,
"where the daughter is above the ajje of tweuiy-one " Sft3
Infants cannot enter into the mariners contract vvilhoui assent of " 638
Effect of the naturalization of, upon their children . " iii. 118
Effect of the assignment of an indenture of apprenticeship, made by " 264
In what cases the custody of an infant will be given lo the mother " 3'>5 Where father and son are dealing with third persons there is no rule
that requires them to act by separate solicitors . - . *• 438
PARISH. Parish — Officers may be guilty of murder by shifting child from parish
to parish till it die for want of care and sustenance . Vol. i. 434
PARKS. Parks — Homicide is justifiable in case trespassers in, will not surrender
themselves to the keepers . . - . Vol. i. 42t»
PAROL. Parol — As to admitting, evidence that check drawn by cashier was^an
official act .... . Vol. i. 31
Evidence is inadmissible to show time of payment of note if no time
be expressed . . . . . »* 71
As to, acceptance bei/ig sufficient in foreign bills . "73
As to admitting, evidence to explain written agreement . *• 112
By what bills of exchange and promissory notes are distinguished
from, contracts ..... "US 125
As to admitting, evidence to show where note was to be pa)rable " 129
Evidence is admissible to show that a person not named as payee
in bill, furnished the value and is interested therein . *' 13^
Evidence of a written notice of the protest of note, to endorser, may
be received . . ". . •'138
Evidence may be given aa to payment of note of defendant, without
producing it . . * 144
PAROL (continued), 3S1
tVtoi. — As to releasing bond or other specialty by, agreement Vol. i. 149
If the acceptance be not dated, evidence is admissible to show on
what day it was made . . . . " 145
Testimony which is heard at the trial in the courts below should
appear on the record . . *^ 196
As to enlarging written contract by . . . " 199
Evidence is admissible to explain the warranty contained in bill of
parcels "211
As to the admissibility of, evidence of an agreement to indemnify
purchaser . ^ . . " 211
Effect of a subsequent, agreement to postpone the time of delivery
of articles under an agreement without seal " 21 1
As to waiving the performance of condition in a bond by . " 212
A consideration is as necessary to an agreement reduced to writing
as if it remained in .... "214,217
A mere written agreement is on the same footing v^ith, contract . " 223 Rule as to the admission of, evidence in the construction of writ- ten contracts "231 Agreement for the sale of land is merged in the deed subsequently
given . ** 231
Eflect of, agreement by grantee to give bond to re-convey . ** 233
As to purchaser recovering back part of the consideration money
which he has paid on, contract for sale of land . '* 260
evidence not admissible to show that contract involves a trust not
apparent on the face of it . '* 9eh
Evidence of what passed before and at the execution of an instru- ment, is admissible in cases of fraud . " 268 Rule in the United States as to, contracts made by agent of a cor- poration .... " 277
As to proving wages or customs by, evidence "287,288
As to admitting, evidence to show a mistake in policy, or to vary it " 289 As to, ratification giving validity ^o deed made by agent, not having
authority under seal . . . . " 297
Privy examination and acknowledgment of deed by femme covert
cannot be legally proved by, testimony . . " 298
Evidence is admissible to show latent ambiguity in a deed . " 309
What must be shown in order to introduce, evidence to prove a con- fession . " 344 Aa to proving foreign unwritten laws, customs and usages by, evi- dence ....... 369
Rule as to the admission of, evidence to prove an official character " 375 As to the character of a clergyman being proved by, evidence " 376
Role as to the admission of, evidence to explain written agreement "376,377 Rnle a^ to the admission of, evidence to explain marriage agree- ments ...... 377
Rale in regard to mercantile instruments • '* 377
Evidence may be offered to show an instrument void on the ground
of usury .....** 377
What reason given wh;' receipts are open to, investigation ** 378
382 PAROL (continued).
Itarol— Contents of a legal (locess cannot be proved by VoL I m
Evidence is admissible to show U^t the time fixed for performance
of written agreement was enlarged by * 378
Agreement between endorser and endorsee to give time to maker
is admissible . ** 378
What two classes of cases are there in which, evidence i»admisal
ble to explain or carry into effect a deed . . * 378
Evidence is not competent in a court of law to show that deed was
intended to be conditional . * . . " 378
Evidence may be admitted to prove the adding memorandum to
note . * . ** 379
It may be shown by, that aAer the submission, in writing the par- ties agreed that arbitrators should have power to call an umpire "379
Notice to produce a paper may be proved by . . ** 379
An abandonment in writing may be proved by . . "379
As to proving former recovery by . . . . " 379
Evidence is not competent to aid a defect in sheriff's return . "379,380
Suing out execution and delivering to sheriff may be proved by "380
Surrender of principal by bail cannot be shown by . . '* 380
As to showing mistake in will by, evidence "383,384
As to passing the right in equity, in redeeming mortgaged lands, by " 403 As to admitting, evidence to show that the actual consideration is
different from that stated in the deed . " 484
What necessary to make the broker's instructions, whether in writ- ing or, valid and binding as a warranty . " 499 As to the validity of settlement aftejp marriage in pursuance of,
agreement ** ii. 189
Evidence is admissible to show that a deed absolute on its &ce,
was intended as a mortgage . " 17t
As to converting bill of sale into a mortgage by, agreement * 173
As to assigning debts or chos^s in action for valuable considerotioii
by , « 189
A mortgage may be satisfied by a foigiveness of the debt either in
writingorby .... VoL ii 236— iii 57
As to the admissibility of, evidence to modify or control written
agreement by showing fraud or mistake . VoL ii 298
Proper remedy for breach of articles of partnership not under seal,
or the partnership is by, agreement "390
A retiring partner may give authority by, to a continuing partner to
endorse bills in the partnership name after dissolution " 401
Knle as to the limits of rights of pcutners upon, contracts . " 418
Evidence is admissible to show that consideiation in deed ac- knowledged to have been paid has not been paid . . " 931 As to the admissibility of; evidence to show courses and boundariaa " S66 When it is not error to exclude, evidence of a contract of sale con- tained in a deed of assignment .... " iii. 147 Af to the competency of giving, evidence of the contents of a writ- ten paper ..•..* 146
PARTICBP$ CRIMINIS PARTICEPS FRAUOI9 PARTIS^.
383
PAB0]>-Wlien, evidence is admissible to prove a waiver of demand Evidence of the money for which receipt was given, is admissible As to varying printed tenns of sale by, declarations of auctioneer As to recovering damages for non-compliance with, contract for the
purchase of personal property .... A mistake in deed proved by, in corroboration of written evidence
may be rectified ....
Evidence is admissible in all cases to establish fraud Agreement to rescind a bond .... Rescission of written contract may be set up in equity, in bar to an
application for a spedfic performance When, partition of lands is valid and operative • Pow^r of partner to bind co-partner by deed cannot be proved by
VoLiiL396 "* 334,235 « 271
" 325
« 346 " 372 " 423-
« 423 439
443
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VoL i. 347 |
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Vol. i 581 |
|
" 580 |
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"581,582 |
PARTICEPS CRIMINIS. pAaTzcBps Ceimiiiis*-How a party may become, with fraudulent
grantor . VoL i. 404
When purchaser from an executor who is wasting testator's estate, , may be deemed . *' iii. 343
PARTICEPS FRAUDIS. pAaTTOKPS FsAUDis — Is a competent witness to prove or disprove the fraud
PARTICULAR AVERAGE AND PARTIAL LOSS. Paeticulak Avbsaoe and Partial Loss — Distinction between What understood by the term particular avenge By whom simple average loss is to be borne . What the most correct mode of adjusting a particular average Rule for adjusting partial loss . . . .
Rule for adjusting partial loss or particular average on ships . Rule for the adjustment of salvage loss
PARTICULAR CUSTOMS. Paeticulak Custobcs — For the most part affect only the inhabitants of particular districts . . . .
What three things do rules relating to, regard
PARTICULAR LIEN. Pae\iculab LiEK — What the nature of . . .
PARTICULAR PERIL. Pakticulab Pb&il — What the rule in ascribing a loss to
PARTIES. Pasties— "What to a bill of exchange are called ,
Who are the immediate, to a bill
How persons may become, to a bill in a collateral way . ^neial rule with respect to the mode of becoming, to a bill .
Vol.
286 286
Vol. i. 46
VoL i 590
VoL i 67
« 67,68
« 68
68
384 ^ PAKritH (coNiiNrkD).
Pa jiTiES— Effect of payment upon f-he contract of, to a bill . . VoL ,
Note made without consideration and void as between the original,
to it is a nude pact . ** lOo
Rule as to permitting, to a note by their own testimony to invalid-
aieit . Vol. i. Ill, i;2, 133, 134
To a note may waive notice by a promise to see it paid . Vol. i. 135
Sued on a note may be required on oath to answer whether they did
not subscribe it . . . . " 140
A bond or other specialty may be discharged or released by parol
agreement between . "149
A notice to be available to carrier must be clearly to the knowledge
of, with whom he deals . . " 183
Relief in equity where an instrument by mistake of drawer, admits
of a construction inconsistent with the true meaning of . *• 1S7 Ab to, relief in equity if an equitable title be merged in a giant ** 180
When courts of chancery will aid, who claim specific performance
of contract . . " 190
As to appearance in chancery by, on a mere question of costs * 1P3
As to, on an appeal being allowed to examine tlie whole case " 195
All agreement between, must be complete and concluded to make
a contract ....." 202
As to, to a contract .... Vol. i. 202--:J12 ,
As to allowing, to a contract to set up non compos mentis as a defence Vol. i. 203,204 |
How contracts in restraint of marriage of, are held Vol. i. 230 |
1 Rule of interpretation where the intention of, is doubtful "230,2Sl i
t What the law implies where, agree to do a particular thing " 232
Aa to alterations made without consent of, invalidating contracts *^ 233
Several instruments made at the same time and between same, con- stitute what . " 234 The meaning of, is to be regarded in the construction of con- tracts . •* 237 In reference to what laws, are presumed to contract « 340 When the signing of an agreement by one paity is sufficient . " 243 * In determining the meaning of a contr^ict the situation and true in- tent of all, on the subject matter to be considered ' " 343 Prejudice to, to whom the promise is made is a sufficient considera- tion . " 244 General rule as to the admis.«ion of, to a note to prove it usu- rious ......'( 240
A contract made between, who are in pari delicto to it, is void ** 251
When, may avoid contract by a plea of duress « 265
"Legal effect of an agreement between, that possession is not to fol- low bill of sale . *< 259 An agreement to rescind contract must be complied with by all, to
be effectual ....." 257
A sovereign state^ a party to a contract, cannot pronounce its own i deed invalid ...... 257
In the sale or exchange of goods the party rescinding the contract
must return the goods before suit is brought " 2S8
. . ^ ,;..;. . ..u). 386
Pahtix* — To wnat party the right to enforce contract belongs . Vol. f«-264 If one party be incapable of peribmiiog his agreement the other will
be discharged . . ' . . . " 260 A mistake of facts induced by opposite party is an excuse for non- performance y . . . . . ** 261 Kule where, to a contract wish to compel the other to a performance " 262 If contract is joint all, must be sued together . . . " 265 As to enforcing contract where contracting, entere<l into it under
a misapprehension and ignorance of its defects . . " 265 As to, showing by extrinsic evidence a greater consideration than
the one expressed in the deed" . . . " 268 Rule it( the courts of United States as to sustaining jurisdiction
where corporation is a party . "278,279 Referring to arbitration is a mutual understanding that each party
shall perform his part of the fiward . . ^* 284 Where the interest of, it will constitute a joint and several covenant 285 What the court will direct if proper, to the suit be wanting on ap- peal from an interlocutory decree . . . ** 293 To a deed ... . . Vol. i. 297—300 Mistake in Christian name of, will not defeat a deed . . Vol. i. 297 Recitals in a deed are evidence against the party making them . " 290 The effects of a deed read in evidence cannot be limited by decla- rations of party reading it . . . . *' 308 Adding word "junior" after deed is executed by consent of. does not
avoid it ...«.« 310
Rule as to construing deeds according to the intention of . ** 312 Relief in equity for deficiency where, were mistaJ^-n in a material
point as to lines . . . " 313
As to compelling, to join in demurrer, to evidence . . ** 316
As to granting divorce where both, are guilty of adultery . " 325
To what seisin of, who enter into land without title is confined '* 339 .
General rule as to admissions by, to suit ' . . . ** 343
Rule as to admitting, to suit to give testimony . " 350 Rule as to the competence of, injured to give testimony in criminal
prosecutions ....." 354 By which party the witness is first examined . . . "364,365 It may be shown by parol that after the submission in writing, agreed that arbitrators should have power to call an um- pire . . . . . « 379 What the principal ways, may impeach the credit of witnesses "380,381 If clerk refuse to issue execution, may move the court for one to issue " 381, 382 As to examining, who are executors or administrators in trust " 389 Wha to decide the question as to the intent of, on a charge of
forgery .... "395,398
A conveyance is void where the intent of, was to defriud . " 403 When, injured ]>y fraudulent conduct of banking corporations may
maintain an action against the individual members . ^ 407
What does a hue and cry give to all, concerned in it . " 440
Name and ?« Idition of.onsjht regularly to b« inserted in indictment "442,443
386 PARTIES (continued).
pABtiKs— -It is incumbent on, setting up minority to prove it . . VoL i. 483
Mere presence not sufficient to constitute, principal in homicide ** 447
Who maybe, to a contract of insurance . " 467 Afay insure individual interest in a vessel virithout specifying that
interest ...... 470
Ck)urt8of equity wiU rectify mistaJces in policy of insurance accord-,
ing to the true intention of " 587, S88
Rule where there is a change ot^ on the record after suit brought **' iL 48
What the effect of judgments upon third . . " 17
What the rule as to nominal " 47, 48 Rule for removals from state courts by, claiming title to lands under
grants from different states ^ " 52 Rule in case neither of the, has a domicil in the place where the
marriage was celebrated . "156 Distinctions in courts of equity as to, in whose &vor they will de- cree a specific performance of articles . . " 156 . A settlement founded on a mistake and misapprehension of, is not
binding . *" 160 Settlements pursuant to marriage articles must be made in con- formity to the legal intention of . **^ 162 Rule atf to which party may maintain an action of non-performance
ofa promise to marry ** 164
Rule as to who must be, to a bill of foreclosure *< 198, 199
Rule as to conditions upon which, will be allowed to redeem ** 213 What must eoocur in order to entitle, to relief against contract by
reason of concealment ... . " 250
Equity will interfere in cases of mistakes in judgments injurious
to the rights of . . « 253 What necessary in all cases to entitle, to relief against written in- struments .....*' 255
Rule as to granting new trials for the misconduct of a party *^ 265 What necessary fbr» to show in order to obtain new trial on ground
of surprise "267,268 Relative to the constitution of partnerships as between the parties Vol. iL 290—006 What necessary to constitute, partners iiUir u VoL iL 301-^04-4it 439
Rule as to, to a bill lor an account of partnership transactions VoL ii. 340
General rule as to who should be made "340,341 What ifthe proper, be not joined VoL ii. 34^-^44 Communion of profits between, is necessary to eonstitute partner*
ship as to third penons .... VoL ii. 345
Rule as to the liability of, who buy out share of partner . 384
Partnersj^ips may be dissolved by the voluntary act of . ** 388
Peath of eiUjier party is ipso facto a dissolution of partnenhip . " 394 In what cases wiU partnership be dissolved by reason of the inability
of; to act "396
Rule as to the necessary, in an action ex contractu again it partners ' 427
Rule in actions C9C cf<2icto - . ** 438
Rule in actions ex ^fuaftiroMtrarto . . . ** 4S9
What remedies, have for infringement of a patent . " 461
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PARTITION PARTNIRS. 387
PARTis»—Rttle in equity as to allowing Mt-off .
As to allowing, who omitted to plead the statute of limitations to
amend by adding that plea Prejudiced are in general competent to prove the offence of peijuty Rule for construing the instrument for execution where the party
has a power and also an interest • .
Rule in equity as to the rights of creditors in property over which
a party has a general power of appointment General rule as to what is necessary to constitute the right of set-off Rule as to, to a devise or who may make a will Consent of, cannot confer jurisdiction in a matter which is excluded
bylaw ......
As to abatement in case of the death of either party
How misnomer oC in writ or indictment must be pleaded
The assignee of a bond takes it subject to all the equities as between
the original **^ 66
As to the right of party to attach judgment recovered against him- self . "74 After, have pleaded in nuUo tU tmUtm it is too late to move for ccr-
Horan . << 138
To what the rule that, cannot be both plaintiff and defendant is
confined ''140
Whose names are alleged to have been forged are competent wit- nesses under an indictment for forgery ** 148^ 171 How settlements between, to be taken . *' 239 How agreements whereby, engage not to bid against each other at
public auction are held . *"* 269
Where complaint for the maintenance of bastard child may be
brought, if both, live within the state " 296
Courts of chancery may decree mariage ceremony null and void if
consent of, was not voluntarily given . ** 309
Deliberate duelling is where, meet avowedly with an intent to
murder "357
PARTITION.
Paktitiom — ^In what manner is, effected .... Vol. ii. 294
Rule of law as to the right of joint owners to have, of their property " 294
How, at law operates . *< 295
Operation of, in equity . ' 295
When deed o( may be presumed . ** l361 Rules concerning the, of inheritances and the manner of making
such apply to partners . . ** ii 401
When parol, of lands if valid and operative ** iii 439
PARTNERS.
Pabtnsbs — What necessary to constitute parties, inUr ie * VoL ii 301-d04-4a. 439 Rule in equity as to the obligation of, in their conduct towards
eachother . VoLJL306,S07
Notice >f protest to one of several is notice to them all . VoL i 92
388 PARTNERS (continued).
Paktn ER8 — As to recovery by one partner on his separate demise VoL i. 338
As to one of the intended, raising his share of capital by issuing a
bill in name of firm . . "121
^ Rule as to drawing or accepting bill in name of firm by one of the,
binding all . , . '^ 131
Jurisdiction in couVts of chancery to decree an account between " 186
As to one of several, in an illegal contract being entitled to aid in
compelling an account . . . " 250
Rule as to the admission of^ as evidence ..." 344 What if one partner insure in his own name only . " 470
General rule as to the right of, tO' charge firm for care and expenses ^ ii. 307 Rule as to the right of, to connect with other concerns or to en- gage in private speculations . . " 306 General rule as to the rights of the, in managing partnership affairs VoL ii. 308—310 Rule as to the employment of stock in trade by one partner VoL ii. 310 Rule as to the respective rights of, in theabsence of stipulations 'f 310 Rule as to the power of, after dissolution with respect to rights
created during partnership . . " 311
Rights and obligations of, under articles . . Vol. ii. 312 — 31S
As to the interest of, in partnership property " 318 — ^327
Rule as to the authority of, to dispose of their interest wUr h VoL ii. 327
As to the remedies between .... VoL iL 327 — 340
As to pleadings in equity between ... " 340 — 34d
Rule as to the liability of mere nominal . " 348, 349
As to liability of. for acts of co-partners **■ 350-— 3tS3
Liabilities of, for purchases and pledges effected in name of firm " 352 — 357 As to the right of, to bind firm by drawing, accepting or endorsing,
negotiable paper VoL ii: 357-361 — iii. 299
As to the liability of firm upon guaranty given by an individual
partner ..... VoL ii. 361—364
Liability of firm for frauds of co-partner ** 364—368
Rule as to the authority of one partner to bind firm by deed . Vol. ii. 363
What the exceptions to rule that one partner cannot bind firm by
deed . . . " 369
What the effect of a sealed instrument by one partner in name of firm " 371 Rule as to the liability of firm for contracts of one partner in mat- ters unconnected with the partnership business VoL ii. 374^^-378 As to the time of the commencement and duration of the liabili-
tyof . « 382—388
Rule as to the right of a partner to dissolve partnership . " 389 — 391
Rule as to the dissolution by act of the partner where partnership is
by deed for a definite period . . " 391, 392
What effect the bankruptcy of a partner has upon the association VoL ii. 393 Rule as to dissolution by the death of a partner . . " 394
Rule as to dissolution by reason of the insanity of one of several "395,396
Rule as to the right of, to partnership stock after dissolution VoL iL 399 — 101 Rule as to the authority of a partner, where dissolution is caused by
the decease of his co-partner . • . . VoL ii. 401
Rule as to the liability of deceased, estate for d^bts of the concern "402,409
PAKTKEBB (continubd). 389
/
PABTHSB8--Rule EB to the right of lespectiFe, to. call for settlement
and an account .... Vol ii. 404, 405
What necessary to entitle a partner to claim the benefit of a re- ceiver ...... "407,408
Rule as to the right of d-devamt^ to insist upon a sale . "408,409
As to the rights o(^ against third persons Vol. :i 415—422
As to actions by .....'' 42d-4S7
As to actions against . '* 427—435
As to bankruptcy of . . . ^* 435--440
'What necessary to constitute, bankrupts Vol. :i. 435
Rule as to who may sue out a fiat against ..." 436 As to what passes under the fiat against an individuai partner " 437
Rule as to the validity cf acts b^^ a partner after baokriptcy " 438
Efifect of pleading non-joinder of secret partner, ia abatement Vol. iii. 16, 17
Co-partners must sue and be sued in thei? proper names . . " 18, 226
Rule as to the right o^ to assign partnership effects for the benefit
of creditors . * . . . ." 52,64
As to taking property of one partner under attachment " 83
As to attaching partnership property for the individual debt of one
of several . . " 89, 00
Are joint tenants and not tenants in common . . " 442
As to the time when power of a partner to bind co«partner ceases " 443
ACTIOKS r^Y rARTNBRS.
In what respect the power of partners to sue in an ex contractu^ is not
co-extsnsive with that of individuals . . Vol. il. 422, 423
Rule as to joinder of partaers plaintiffs in an action ex cowtracht " 423-— 425
Role as to joinder of nominal partners ip . . . Vol. il. 425
Ab to joinder of infant partners in . - . " 425
Rulewbiore one of the partners has become a bankrupt . . " 425
Rule as to joiader ef parties to ct drftcto . > . "425,426
Rule as to the evidence necessary to sappost . . " 426
ACTIONS AGAINST PARTNERS.
Rule as to the necessary parties in ex contractu . Vol. ii. 427
Rule where one partner is aTfiafa»it " 428
Rule as to joinder of parties in ex rfc/irfo . . . "428,429
Rule as to joinder of paities in ex quasi contractu . " 429
Rule as to the necessary evidence to chargfe partners . Vol. ii. 429—432
Rule as to the form of execution upon a judgment against partners Vol. ii. 432 Rale as to the right of separate creditor of one partner to levy an ex- ecution upon goods of the ^rm . • " 433 Rule as to what interest passes by seizure and sale of partnership
property tmder aa execution against one of th.e partners Vol. ii. 433—436
BANKEVPTCY OF PARTNERS.
What necessary to consdtute .... Vol ii. 435, 436 Rule as to who may issue fiat against partners . * Vol ii. 436
As to what passes under fiat against an individual partner " 437,438
390 PARTNSaS (C0NTIlir;BD).
PAKTMxia— Rule ai to the vmlidity of acts after VoL ii 439
What undezBtood in bankraptcj by tenns joint and aereial estate * 430,440
OX7ASJL]fTISS GITElf III TBS MAMS OF PIRK.
General rule as to the liability of firm on, by one partner VoL ii. 361, dKi
-Cfieet of a promise by one partner to pay a partnership debt ** 362, 363
£fibet of part payment by one member of firm on accoimt of a
partneiship debt yoLiL363
Rnle as to the effect of notice to one partner "363,364
IRTSBEST OF PABTSIXBS 17( PASTHSaSHIP PSOPSKTY, AND WBAT XS PAftTMSB- SHIP PBOFSBTT.
As to the relation of partners towards each other ^ VoL ii 318 Rnle as to what is considered partnership property . . VoL ii. 31&— 383
Rule as to the interest cf partners in leasehold property . VoL ii. 383
Genemlmleasto ..... **338,394
General rule as to Uen of paitnera upon partnershii) property ** 384 Role IM to the interect of a partner in the good-wiU of partnership
concern . ** , 385
How ^pood-will In prcfesaional partnership is considered * 386 Rule as to the raie of interest of each partner in the absenee of
stJpulationB . . * 386
Rule w: to authority oi partners to dispose o' their interest tnte* a ** 387
LIABILITY OP PABTNXIU. (tIMB OP THB COVMXROBKBlfT AND OUBATIOH OP).
General rule as to commencement VoL ii. 388, 383
Rule as to liabilities of an incoming partner for previous debts of
firm . , ,« 883,384
Rule as to liability uf i ifai>t p^urtner oa coming of age VoL ii. 384
Rule as to the liability of party who buys out share of a party and
take J his p;Ace in Che concern . . " 384
Rule as to lla^bilities of retiring partner ... * 386
Effe'^tcf notice of retirement . " 385
As to a retiring donnant partner .... Vol. ii 385— ^87 Rule as to the right of partner to retire from firm knowing it to be
insolvent ...... VoL u. 387
Rule as to the liability of the leceasei partner's estate tot debts of
the concern . *' 402
LlABILirr CP PABT»3B8 FOB ACTS OP TBBIB GO"PABTRBBS.
Genera? rule as to . VoL ii 369— 358
LIABILITY d^ PABTNSBS FOi: PUBCAASBS ARO PLBOGBS BPFBOTBD IB BAMX OK TSB PIBM, BTC.
Rule as to^ for money borrowed in name of firm, but appropriated
to individual use of paiinoi borrowing . . VoL ii 358
How fiir, extends ** 353
Rule as to the right of partner to pleci^ partn^niip property ** 353,354
' Bow far single partner may bind the firm by sale " 354
PARTNERS (continued). 391
Pakthbss— What undentood by couxse of trade . Vol ii. 351
Rule as to the right of a )»rtner to assign partnership e^cts . ^ " 355,396
LIABILITY OF FIEM FOR FEAUDS OF CO-PABTlfXS. «
What the rule as to .... VoLii* 364-386
Rule as to the right of firm to acquire property in goods obtained
by the firaud of one partner * ^ 867
Rule as to the liability of firm for torts committed by one partner '' 367, 368
BXEXFTIONS FEOH LIABILITY OF PARTMSSS WHERE THE CONTEACT IS UNDER
SEAL.
Rule as to the authority of one partder to bind the firm by deed Vol. ii. 368, 360 What the exceptions to general rule, that one partner cannot bind
the firm by deed .... YoL ii.36d— 371
What the effect of a sealed instrument given by one partner in
name of film . ** 371,372
BXXMFTIONS FEOM LIABILITY WHERE CONTRACT IS SEVERAL IN LAW OR III
FACT.
Most usual cases where the contract is several in law Vol. ii. 372, 373, 374
Rule as to matters unconnected with partnership business Vol ii. 374—378 Rule where contract is separate in fact *^ 378—382
PLEADINGS IN EQUITY BETWEEN PARTNEES.
As to who must be parties to a bill for an account . VoL ii. 340
By bankrupt partner . '* 341
Rule as to the prayer of the bill . ''342
Astojoinder of parties .... VoL ii. 342— 344
General rule as to the answer to . . Vol. ii. 344
EEMXDIXS BETWEEN PARTNERS.
General rule of law as to, upon simple contract . Vol. ii. 327
Rule as to, on covenants .... VoLu. 328— 330
What are the, at law . . Volii.330
By assumpsit .... VoL ii. 331— 334
Rale as to, by contribution at law . . . ** 334, 335
• General rules as to, in equity . . • ** 339—337
X}pon covenants to refer to arbitration . . • VoL ii. 337
In equity by injunction . . . . "937,338
In cases not warranting a dissolution .... ''338,339 Mode ofobtaining an injunction .... ** 339, 340
For torts . . " 345
RIOBT OF A PARTNER TO BIND FIRM BY DRAWINa, ACCEPTING, OR ENDORS* ING NEGOTIABLE FAFSR.
How hi firm is liable for acts of a partner in regard to negotiable
paper ..... VoL iL 357— 350
What ifa hill be addressed to firm, but accepted by a partner in his
own name ...... VoL ii. 359
392 PARTNERSHIP
Pabtnkbs— What if a partner dnsw a bill upon the firm of which he if ft
member ...... Vol li. 89t
Rule where firm do business under the individual name of one of its * members, and he draw, endorse, or a<*cept bills YoL u. 3^$9— 901
KI6HT8 OF PARTNERS INTBR SS.
Rule as to interest of each in the partnership property VoL iL 306
Rule as to obligation of, for each other's conduct . ** 306 <
General rule as to the right of, to charge for care and expenses " 307
As to the right of partner to connect himself with other concerns " 306
Gtiaeral rule as to. in managing partnership affairs Vol. ii. 308—310
Rate as to the emplo3rment of stock in trade by one partner Vol. ii. 310
Rule as to, in the absence of stipuliLtions ** 31 0,311
Rule as to the power of partners after dissolution . ** 311
RIGHTS AND OBLIGATIONS OF PABTNBRS UNDSR ARTICLES.
Rules in equity for the construction of articles . Vol. ii 313
How articles are taken in regard to the nature of the business . ''312,313
As to the time of commencement where no time is mentioned ** 313
Ru«« as to the style of firm ** 3l3
In regard to shares of the capita] . ** .313
In regard to covenant not to exercise the same trade on separate ac- count . « 314 Effect of clause in articles conferring powers of administration " 315 As to stipulations to account ^ "^ 316 Rule as to the alteration of articles ..." 316 Relative to clause for admission of deceased partner's representa- tive Vol. u. 316--318
RIGHTS OF PARTNERS AGAINST THIRD PERSONS.
Rule as to, upon sealed instruments in name of firm VoL ii. 415— -417
Rule as to, where a bond is given in partnership name Vol. ii. 417
Rule as to limits of^ upon parol contracts . ** 416
Rnle for the construction of guaranties given td a firm . " 418, 416 Rule as to how far, may be extinguished by the act of one member
offirm . ** 491 What circumstances will amount to payment of debt to partner*
ship ..... . «420,491
PARTNERSHIP.
Partnership — What, defined to be . Vol, ii. 296
What understood by universal .... '* 296, 297
What 18 a particular ..... VoL li. 297, 301
What is a commercial . . . , . " 301
Wliat the leading principles of the contract of . . ** 301
What necessary to constitute parties partners wUr st . VoL ii. 301 — 904 Special, in ship and cargo ..... VoL iL 304
Rule where lands are held for, purposes . . , ** 306
Rule as to the interest of each partner in, proper^ . ** 306
PARTNERSHIP (CONTINUED). 393
pARTifBEsiiir — Money advanced to, under guaranty Vol. i. 417
An authority to receive and pay, debts does not authorize accepting
or endorsing bills in joint name of partners ^ ** 20
If one partner insures '19 his own name only, the policy will cover 1
his undivided interest in, and no more . . " 470
• As to priority of the United States on, effects . Vol ii. 109, 1 10
Doctrine as to the effect of an acknowledgmant of co-partner during Vol. ii. 196 Rule as to the right of partner to charge for care and expenses in
transacting, business . < . " 307
Rule as to the rights (^ partners in managing the; affairs . "^ 306, 309
Rale as to the power of panners after dissolution, with respect to
rights created during *' 311
Rules established ii> equity for the construction of, articles " 312
How articles are taken in regard to the nature ofj business "312,313
Rule of law as to the commencement of, where no time is mei^tion-
ed in the articles . . . " 313
How the clause in articles of, in regard to the shares of c&pital, is
to be construed . . •* 313
How covenant, not to exercise the same trade on separate account
is construed . . . . ** 314
What the effect of a clause in articles conferring on one partner the
administration of, affairs ....** 315 How the stipulation to account is construed . ** 310
General rule as to the alteration of, articles ' . ^ 316
How clauses for the admission of deceased partner's representative
to be construed . . " 316
As to the relation in which partners stand to each other in regard
to, effects ....." 318
Rule as to what is to be considered, property Vol. ii. 319 — 323
Rule as to the interest of part.^ers in leasehold property taken for,
purposes .....
General rule as to t.ie interest of a partner in, property . General rule as to the lien of partners vpon, property Rule as to the inter<!st of & partner in the good-will of, concern How the good-will in professional, is considered Role, in the absence of all stipulation, as to the rate of interest each
partner has in, funds ....
Rnle as to the authority of partners to dispose of their interest inter u When courts of equity will restrain a sudden dissolution of Rule as to the parties to a bill for an account of, transactions What the principle requisite to cen8titute,.as to third persons * What if money be borrowed in the name of partner, but afterwards
applied to, purposes ....
Role as to the right of a partner to pledge, property Rule as to the ' Ight of .a partner to assign, effects for benefit of credit- ors .... . Vol. ii. 355~-JiL d8 What if partner .^trting for, account draw a bill on firm of which
he is member ..... VoL ii. 3d5
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394 PART OWNERS.
PASTRSKSBJF^Eifect of a promise by one partner to pay a, daVt . . VoL ii 383 Rale ae to liability of fiim upon guaranty by an individual partner
in, name . " 361 Rule as to the liability of firm for contracts of partner, in matters
ni^connected with, business * . . ** 374 By what causes, may be dissolved . . . ** 388 Rule as to the right of a partner to dissolve . " 389 Rule as to the dissolution by the act of a partner when, is consti- tuted by deed for a definite period ''391,302 What effect the bankruptcy of a partner has upon the association of " 303 Rule as the dissolution of, by death of partner . . ** 304 What the rule as to dissolution of, by reason of the insanity of one
of the partners ** 395
Rule as to when, may be dissolved by judicial decre«' " 396 In what cases, will be dissolved by reason of the inability of parties
to act . . ^ . "398
What necessary to effect a dissolution of, as to third persons ** 398 What will amount to sufficient dealing to render special notice of
dissolution necessary ....*' 399
Rule as to the right of the partneVs to, stock after a dissolution ** 300 Rule as to the authority of a partner where dissolution of, i^ caused
by the decease of co-partner . . . ** 401 How, contract is treated in equity . " 409 Rule as to the right of the respective partners to call for a settle- ment and an account of; affairs ** 404, 409 ' What the mode of proceeding after an account is decreed " 407 How courts of equity proceed, to wii^d up the concerns of " 407 Main questions to be considered in taking o( accounts VoL iL 410—414 Rule as to the right of a member ofj formed for illegal purposes . Vol. iL 414 Rule as to the right of partners upon sealed instruments in, name * 419 Rule where a bond is given in, name ** 417 What circumstances will amount to a payment of a debt to " 490 What the rules peculiar to, in eommtndam Vol. ii. 440 443 How an attachment of, property on a writ against part only of the
firm, ilill be vacated . . VoL iii 78 As to attaching debts due, by foreign attachment to answer sepa- rate debts of deceased partner ".05 May exist between a counsellor at law and an attorney . '^ 105 The insolvency of, does not per u operate as a dissolution *^ 2X1 As to authority of pailner to endorse bills after dissolution of ** 999 How, as to third persons may arise without the intention of parties * 439 How real estate purchased for, purposes will be considered in
equity . « 441^ As to the power of partner to bind his co-partner, ceasing on the
dissolution of . ** 443
PART OWNERS. Past Owners — Rule as to the rights a in controlling the employment
of ship ..... Vol ii 890^ 501
PAflSPOXTS — ^PATENT RIGHTS PAWN OB PLEDGE.
Paet OwiiBSS — What the geneml role as to the relation of . VoL ii. 9B0 Rule as to the liahility of, for damages occnrring to ship sent to sea
againstthe will of co-owners . . , *^ 509 Rule as to the right of, to sell ship .... *'d92,903 How fiu: one part ownev may bind the others for repairs and equip- age . - 5W How the interest of; is considered with regard to third persons ** 905
PASSPORTS.
Passports— Condemnation in prize court for want of . VoL L 508
PATENT RIGHTa , ^
Patbmt Rights — What is a patent .... Vol. ii. 443 What is provided in the constitution of the U. States in regard to VoL ii. 444— 457 What the constraction of the words in the patent law *' not known
or used before the application" . VoL ii, 457
What the rule for the constraction of acts of congress in rehition to ** 457 Rule as to the right of patentee to surrender a defective, and take
out a new one •* 450
What the remedies for the infringement of . . ** 461
Rule as to the jurisdiction of circuit court respecting patents . ** 50
May be delivered in pledges . "^ 317 As to the right of assignor to maintain an action for violation of VoL iii 63, 65
As to power of courts of the U. States to declare, null and void *^ 140, 141
^ Injunction refused where the validity ot, is not clear . . " 230 Relief in courts of equity against the payment of notes given for
void ..... " 444-450
PATENT FOR LAND.
Patbht FOR LAND^For whom enures .... VoL iii. 450
As to the rights of patentee without a personal entry " i. 66 Where there are no monuments the lands must be bounded by the
courses and distances navied in . ** ii. 554
^ttst be produced to show grant from proprieton *' L 306
As to what length of time will support presumption of . . ** 357
PAWN OR PLEDGE. Pawh or Plbdos— What, defined to be . . VoL ii. 21 & What the distinction between a mortgage and ** 216 What the essential ingredients to constitute the contract of " 217 As to what things may be the subject of VoL iL 217-^22(^ Genera rales as to what rights the pawnee acquires VoL ii 220 Rule of the Roman law as to . ' ."2^1 Rule as to the pledgee's right to reimbursement for expenses rela- tive to * 292 Rule of the common law as to rights of pledgee to sell, upon defiinlt
of payment ..... *< 222, 228 Role as to the rights of pledgee after pledge is sold, and there are
several claims upon the fund . . . ** 224
PA¥EB PAYMASTERS PAYMENT.
Pawn or PLspos — Rule at to tbe ilgbt of pledger to compel a sale . VoL ii. 9ftS Rule as to the pawnee's right to become a purchaser upon the sale
of . ** 226
How the law is upon the pledgee's right to alienate the thing
pledged . ^ «226.227
Rule of the Roman l9»w on this subject . . . *' 2SB
In what cases the pawnee may use the thing pawned ** 228, 229 Rule as to the diligence imposed upon pawnee in respect to the
preservation of the pawn .... *^ 230, 231
Ruleas to the right of pledger to redeem . ** 232
(General rule as to the liability of pawned goods to execution " 233 Rule as to the obligation of pawner in regard to title of the thing
pewned . " 234
In what manner, may be extinguished . . . ** 235
As to factor's right to . . " i. 24
As to pledging freight on bottomry bond . *^ 154
As to power of master to pledge vessel . " 155
Rule as to the right of a partner to pledge the partnership property " ii 353 Efiect of a broker's tortiously pledging goode on which he has a lien " 1 14 Rule as to the rights of creditor where debtor has given collateral
pledges to his surety . . . ^^ 170
PAYEE.
PATKS-^Who is, in a bill or note YoL i. 67 A bona fide holder of promissory note in which a bank is the nom- inal payee has a right to sue in name of bank ** 52 And endorser of a note is a good witness to prove that he acted as
agent for another . ** S8 Udou the delivery to, the obligation to whioh the drawer is subject
is complete " (»
As to the liability of accepter in case of fictitious drawer and . ** 71
When, may protest bill ibr non-acceptance ** 77
Valid transfer of biU or check may be made by . *' 80
As to endorsee suing in the name of . *^ 82
Effect of the assignment of part of a demand due on note to . *' 80 As to, being a competent witness to prove an alteration in note
since its execution . . . . ^ 104
Action of debt by, against accepter of bill or maker of note . " 124
Effect of an agreement by, to forbear to sue maker , ^ 213
PAYMASTERS. Path&stxrs — For what term appointed and how removable
PAYMENT. Patmknt — What is, in its most comprehensive sense To whom must, be made
How must, be made . « . .
Effect ,of giving a negotiable no*« for an antecedent debt . General rule as to when a legac 7 will operate in
VoLiii. :0»
\oLii. 462 *<462,463 « 463,464 • 465 « 466
PAYMENT (continued). 397
tf ATKBS T— What the rule of law is for the i^pxopriatloa of Vol. ii. 467, 468
What necessary to support the plea of . . * 46P
What the rule as to presumption of, from lapse of time . ^ 470 The promissory note of a member oi firm received in, of firm debt
discharges it . . . " i. 10 As to -whether, made without authority be binding on the party for
whose use it was made . "* 18 A power to settle an account implies the ri^ht to allow payments
already made . " 20 Where an agent has authority to receive, his receipt is that of prin- cipal . . '" 2» As to the authority of owner of goods sold by factor to call on
buyer for . . . " 35
When the law adjudges note to be payable if no time of, is expressed ** 71
Rule in the English law respecting the demand for . " 87 As to waiving the necessity of a demand for, by stipulation to waive
notice . . ** .88
On what day of grace demand of, of a bill or note must be made " 89, 90
When must a note payable on demand be presented for " 91 In an action ajgainst accepter of a bill it is not necessaiy that holder
should show a demand of . . *' 114
As to the absolute necessity of written notice of non-payment ** 116
E fleet of bank failing to make demand of, of a bill held for collection " 1 29
If no time for, is expressed in a bond when is it payable ** 148 As to the right of carrier to refuse to receive goods until, of freight
is made . " 178
Bill in equity may be amended on, of costs . " 192
What congress have declaied to be the law in regard to priority of ** 196 Where parties agree as to the time and manner of, they are bound
byit . . . . "233 As to when money is payable if no time is expressed in the con- tract for . . " 235 Rule where vendee is insolvent at the time of purchase and knows
himself to be incapable of makiug , ^ 255
Of a certificate of deposit may be demanded in specie . " 2Sh
For what purpose a presumption of, will sometimes be indulged in ^ 262
A^ceipt is evidence of . * . , ** 268 Covenant will lie upon any words in deed purporting to be an
agreement for, of money . . . . " 283
When a general devise with, of debts carries the fee . . *< 310
Competency of an interested witness may be restored by release or ** , 355 At the expiration of what time will, of a bond be presumed Vol. 1. 356— ii. 118
What sufficient to rebut a presumption of, raised by lapse of time Vol. i. 356
In what manner, of interest within twenty years may be proved . " 356
After judgment is a matter in pait and provable by parol " 379
As to selling lands specifically devised for the, of^specific legacies " ii. te
Effectof postponing, of legacy for the benefit of the estate ** 86
Rule :br the vesting of legacies payable on real estate ** 87
What if legatee die before the daf' of, of legacy . - ** 88
398 PATUEMT (continued).
Patxikt— Role as to interest on legacy payable at a futare day . Yot ii 9i
Rule a» to the time of allowing interest where no time of, is specified " M
When legacies are payable as a general rule "97
Rule as to the fund out of which legacies are to be paid . . ** 97
General rule of nations upon the right of priority of . ' " Ul
Effect of an order to pay a debt out of a particular fond . . " 113
Effectofatrustfor, of debts in a will of personal estate ^ 119
General rule as to the order in marshalling assets for, of debts ** 166 Rule as to foreclosure where a mortgage is given to secove a sum
, payable by instalments ** 901 Rule as to the right of pledgee to sell the. thing pledged upon de- fault of ** 222 Effect of a promise by one partner to pay partnership debt ** 362 Effect of part, by one member of firm on account of partnership
debt . . . . . « 363
What circumstances will amount to, of debt to a partnership . ** 420
What the rule as to pleading . *" 474 As to the efiect of, of money into court on a count which states a
special contract ....." 474 As to allowing plea of the statute of limitations on motion in place
of plea of *" 482
Before,action brought may be given in evidence "• 485
How, after action brought must be introduced " 489
Rule as to the remedy for the non-payment of rent ** S38
As to the time, of demurrage ceases ..." 660
Rule as to, of freight in case the ship is obliged to stop and repair *^ 671
Rule for, of freight when there arises an interdiction ** 673 Rule for, of froight in case the ship is arrested by order of a prince
or power .....*• 673
Rule for the, of freight in case of shipwreck or jettison . ** 674 As to of freight where shipwrecked or captured goods have been
saved . ** 674 Of fipeight cannot be delayed by any contestations between shipper
and consignee . ** 679 Rule of commercial law as to the right of shipper to abandon the
goods in, of freight ** 677 Rule as to the rights of a surety after he has paid the debt **■ 705 As to the right of an attorney to receive bond from debtor in dis- charge of the claim . ** iii 101 As to a person finding draft upon a banker and tendering it for, being
guilty of felony . . *" 169
To prevent the operation of statute part, must be proved *^ 219 If one member of a firm make, to one who has an account against
him and also against firm how must creditor apply '< 22S The taking a receipt on payment of money does not preclude other
pioofofsuch . ** SM
Dntiesofbailexonenttedon, of costs * 982
As to the time holder of check must present it fi>r . • * 990
Bank check not received as an absolute ** 200
PEAC£ PU.A( E 0J\ "-t — PiA'PMARY AND SPECIPIC LSOACIB8. 899
^AYMKNT — As to revoking, made umier a valid compromise Vol iii. 310
As to the liability of bank for fiiiling to demand, of note received for
collection . . . " 294
As to banks being legally bound to take their own bills in, of debts
due them . . '' 2^
Effect of en assignment by bank afler it has stopped ** 336
Where an endorser dies before maturity of note to whom should
notice of non-payment be sent . ** 297
A promissory note not payable in cash or specific articles is not *
negotiable . ** 335
Effect of a legacy given and no time of, expressed in will *' 426
Relief in equity against, of notes given for void patent right " 444
As to whom it belongs to determine to what debt, shall be applied
if no appropriation be made by debtor ** 451
Generally speaking the plea of, admits the cause of action ** 451
Effect of a tender of a debt secured by mortgage after the day stipu-
^ lated for . . . . " 483
PEACE. Pbace— When a judgment of a justice of the peace is entitled to AiU
fiuth in another state .... VoL ii. 15
Reflecting on a justice of the, is the subject of indictment for libel '* 106
PEACE OFFICER. Pbacs Officbr —Where, attempts to arrest without having sufficient authority, is resisted and killed, what the offence will amount to . Vol. i. 435
The (act that the party killed was a, may be proved generally by evidence that he acted in that capacity without strict evi- dence of his appointment .... ** 439, 440 Is not bound in any case to part with the warrant out of his pos- session . ** 440
PECUNIARY AND SPECIFIC LEGACIES. Pbouniary and Specific LKGAciss—Whatis a specific legacy General rule as to pecuniary legacies
Atf to whether lands specifically devised may be sold for the pur- pose of paying specific legacies Effect of the appointment of a particular fund for payment of pecu- niary legacies ..... What necessary to make pecuniary legacies a charge upon real estate . ....
PENAL STATUTES. Pbral Statutes — A contract in coQtravention of, is void
Common law as to informers entitled under, to part of penalty be- ing competent witnesses .... What the proper process to bring in an offender on an indictment fof . . . .
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PEN A LTT PENCI I. AI A U K — : k N ; . K : i
L ENIT&NTIART.
PsNAL Statittrs— As to joiniler ill iiidiclments on Vol. i. 491
How jiutgrneiiis in penal actions are reganletl in other states than
those in which they are obtained .' . "ii.l5,l<t
Rule as to jurisdiction of courts of Unite<l States in criminal and
penal matters . . . " ^
How, must be construed . . . . ** <J7
As to granting new trial in penal actions because the verdict is
against the evidence . . . . . ** 279
Tlie prohibition to pass ex ftosi facto laws applies exclusively to
criminal and penal matters . . . ** iii. 323
PENALTY.
PsMALTY — As to sum specified in the condition of bond being con- sidered as liquidated damages and not as . .
In an action of debt on bond the judgment is always entered for
Chancery suders no advantage to be taken of, or forfeiture where compensation can be made . . . .
As to the difference between covenants in general and covenants ' ' secured by, or forfeiture
As to informere who are entitled to part of, being competent wit- nesses
As to conpipelUng witnesses to answer questions whixrh have a ten- dency to expose them to . . .
Of confiscation .....
As to maintaining action on a judgment recoveretl ina ^ui lam action in another state for .
' As to the right of secretary of the treasury to remit, and forfeitures
Prize courts may apply conliscaiion by way of .
How the act vesting jurisdiction in district court in certain suits lor, has been construed ....
Where stp.tute acts upon the oflTender and inflicts, it is to be taken strictly . ...
For desertion, what is .
Action of debt for statute, abates by single plaintliTs death
Vol. L MS « 151
«* 187
u 2e8
358
•* 365 " 474
« ii. la " 54
« 61
» (H
« 635 ** iiL 13
PENCIL MARK.
PsMOiL MARK-rRndQTsement on note in, gives endorsee a right to re- cover upon the note . . . . .
Vol.i. 86
PENDENTE LITE.
PkHDEKTE LITE— Effect of transferring property Vol. ii. 132
Ad incumbrancer, neetl not be made a party to a bill of foreclosure ** 199
An incumbrancer, is not entitled to redeem . . " 210
PENITENTIARY.
l^liiTBiiTCARY— As to the liability of estates of persons Impiisoned m any, to attachment . . . . .
VoLiU. 82
PXIimONS— -PXRXKPTORT CHALLENGES — ^PCRFORMAWCE-— PEKIL8. 401
PENSIONS
PiHSions — All the anean ot^ wiX. pasi by the words, '* my wines and all
my property" ..... VoLii. 75
PEREMPTORY CHALLENGES.
PxucxpTORY Cballbnoks — How many, are allowed prosecuting attor- ney, where seyeral defendants are put on trial at the same time under same indictment .... VoL iiL 138
PERFORMANCE.
Fbkvormaroe-— Jurisdiction of courts of chancery to compel specific, of
agreements ..... Vol. i. 186 When aid of chancery will be given to either party who claims spe- cific of a contract . . *' 190 It is a question for jury to say what is a reasonable time for, of con- tract . . . . . , . "* 258 Plaintiff must aver, or an offer to perform on contract for the de- livery of stock . . . . ** 260 As to effect if one party be incapable of performing his agreement ^ 260 As to whether non-performance of an impossible act being an excuse ^ 360 Legal ignorance is no excuse for the non-performance of a contract *' 261 Rule where one party to a contract wishes to compel th^ other to . *' 262 What must a party perform to entitle him to remedy on contract " 262 Distinctions taken in equity as to the parties in whose iavor they
will decree a specific, of marriage articles . . ** ii. 158 Rule as to who may maintain action for non-perfoimance of promise
to marry ... . . " 164 Equity will not decree a specific, of a covenant to refer to arbitia-
tion '. . . " 337
Pleas of, are affirmative pleas and the tmut of proof lies on defendant " 474
How, of condition in a bond may be excused . . . ** 522 When specific, of a contract for the sale of land may be decreed Vol. iii. 239,240
As to compelling wife to, of conjugal duties . . Vol. iii. 396 On decree for special of a contract for the purchase of a reversion
expectant on a lease for lives, what the vender is entitled to " 414
PERILS.
PssiLs-^General rule as to witb wnat, the insurer charges himself Vol. i. 519
What are the usual, enumerated in the policy ** 520
What losses come within the wonls *^ perils of the sea** " 520
What effect is given to the term ** sea risks in port*' . ^ 520
Rule as to ascribing loss to particular . « 520 A sum paid as a general average contribution for a loss by collision
is a loss by, of the sea . . " 521
As to damage by worms being damage by, of the sea . . ** 524 If a ship be fired into and sunk by a land battery, she ^rould ktut be
considered as hst by, of the sea . . . ** 524
Missing vessels are pv 'sumed to have perished by, of the sea ** 525
402 PfiRJURT — PEft XT £T PER TOOT— MaUPSTDITUDi — PSRbMiAL.
PiBn.«— As to whst the phnse " perils of the eea* impoiti ToL i. 17%
Goods 8<^ by master to repair damages sustained Vf thkp in a storm
are not considered as lost by, of the sea . . ** 926
It will be deemed loss by, of the sea, when damage occurs on ac- count of a stom^ to live stock on board . . " 173 The underwriter is bound to know every cause which may occasion
natural . *" 494
When damage to a vessel by any, of the sea constitutes a total loss ** 544 What understood by the term '* innavigabilitjr" . . ** ^1
Wh^ if seamen desert ship under circumstances of danger or dis- tress from, of the sea, when their presence might have pre- vented damage • ** it 635 As to authority of master of vessel whose cargo is damaged by in- sured against, to sell it . " iiL 300
PERJURY. PiBJVRT^What if, at coimnon law ^ . . 'Vol.iL485
What prosecutor must prove to support an indictment for **• 486
An oath taken before persons acting merely in a private capacity,
can never amount to . . ** 486
The occasion of administering the oath must be proved as stated ** 486
It is not essential to establish, that the object with which the oath
wastakenbe carried into effect . ** 487
A man may be convicted of, for swearing he believes a &ct to be
true which he knows to be false . ** 487
General rule as to the sufficiency of a single witness to convict on
a charge of . . " 487
As to the competency of party prejudiced to prove the offence of * 488
Subornation ot^ is an offence which incapacitates from giving evi- dence in courts of justice . '. ^ ** i. 347 As to whether a witness who takes away the life of an innocent
man, by a false oath, being' guilty of murder . ^ 433
To chaige a person with taking a false oath in a court, is actionable '* ii 600 What indictment for^ should state . *^ iii. 451
PER MY ET PER lOUT. Pkk my ST PIS Toui^— As to partners being seized . VoL iL 354
PERPETUITIES. PssPBTuiTiRS — Executory devises are put under such restraints only as
arerequisite to prevent the mischief of • V»l. i 320
When the object of the power is to create,' it 'is simply void ** iL 492
PERSONAL.
PxssoNAL— Liability of agents Vol iL 38— 46
When an agent becomes personally liable . . ** 38
For what reason an infant male at fourteen and female at twelve,
may dispose of thtir, estate ... "461
BSTIT <«ABCUnr — ^PBTIT TRBAMUT.
PttsoxALF-Ai to mortgBgiA o( property
E£bct of a atlpalation not to take oat execution against the body or, property of defendant
When a levy on, property to an amount sufficient to satia^ jodg- ment is jMT M a»di8charge
Rule as to conditions precedent in regard to, legacies
Rnle as to allowance of maintenance in case of, legacies .
The perK>nal estate is the proper fond out of which to pay debts and legacies
What the effect ofa residuary clause on personalty .
▲ lien is a personal right and cannot be assigned
As to, actions .....
As to the effect of a general direction in will of, estate to pay debts relative to stopping statute from running
The general, estate is firstin order, in marshalling assets fpr pay- ment of debts ,
Af to what construction has been put upon the ckuse, ** giving per- sonal credit^' ....
Distinctions between mortgage of real and mortgage ofj property
Liability of trustee who invests trust-money in mere, securities
Mairiage and subsequent birth of a child, is a rsvocation of a will of real as well as, estate
Property attached is at the officer's risk while the lien continue
As to attaching real and, estate of absent and absconding debtor
As to what is necessary to constitute an attachment of, pro- perty .....
Whero vender of; property is suffered to remain in possession of; property, after sale, it is presumptive of fraud
What necessaiy to render an attachment o^ property valid and ef- fective .....
The ri||>t of eminent domain may be exercised in eases of fran chises, as well as of; property .
As to the right of guardian to convert ward's, into real estate .
Property accruing to wife during coverture vests immediately and absolutely in the husband
As to the right of in&nt to disaffirm sale of his, property, if made by himself .....
Profits arising out of the use of; chattel may be the subject of a mortgage .....
PETIT LARCENY.
FxnT LAaoiiTY — Why all areprincipals in
Effect of jury finding a verdidl " guilty of petit lareeny" where person was indicted for horse-stealing .
•^ M
VoLiLSlS « 28
" «7,« " 96
97
« 100
116
118
•» 127
**J166,167
•* 18S " 216 « 714
« 723,724 " iU. 79 « 81
a 07
« 176 966
320
« 391
« .397 « 402 « 434
VoLL448 « 276
PETIT TREASON. PmT TmsASOif--Whero, is abolished
VoL L 447
404'
PETITION — PHYSICIA^VV AND SURGEONS — ^KLOTS — PIRACY.
PETmON. Pbtitioii — Am to whether a person not a party or repreaentative in
court helow may present or join in, of appeal If an ahsolute judgment be rendered when, prays only for a condi
tional one it is good ground for reversal . Defendant's, to state courts for removal must be actually filed at the
term when his appearance is entered What if there be two or more defendants in state courts and que
only petitions removal to circuit court Plescription is not intempted by filing, but by its service What sufficient to entitle assignee to sustain, for foreclosure A writ of fw eooeat will not be granted without, or bill previously filed For review abates by petitioner's death The court of chancery will appoint a guardian upon, without bill
being filed ... For new trial on the ground of discovery of new and material tee-
timony ......
PHTSICIANS AND SURGEONS. FkTsiciAiis aud Subobons — As to maintaining actions^! medical at- tendance where no copy of licenae is recorded in clerk's of-
Vol 1. 104
« u M
91
92
124
" 200
963
« iii 13
437
fice
yol.iiL493
PILOTS. PiLOTft'What is a pilot . . Vol. ii. 690
As to the duty of master engaged in foreign trade to put his ship un- der the charge of . . " 691 While on board has exclusive control of ship ** 691 , As to liability of, for negligence, default, or unddlfolness . . " 691 What if master is unable to get pilot, and endeavors to navigate ship
himselfand she grounds VoUi 906— ii 651
Rule as to vessels taking .... VoL iL 907
Jurisdiction of district of a suit against ship for pilotage . . " 60
As to, being entitled to compensation in the way of salvage . ** 683
PIRACY. PiBAOT — What offences, includes VoL L 939
What loss by pirates held to be by Roman law Construction put upon the words *' pirates, rovers, and thieves" If a ship is closely pursued by pirates or enemies it is sufficient for
jettison .....
How a loss of sails occasioned by carrying an extraordinary press,
in order to escape from pirates • .
Rule of contribution for expenses incurred for medical treatment
and subsistence of crew wounded in defending ship against
pirates .....
Gbptain compounding with*pirates by giving them money or part of
cargo .....
Ck)ods given as a composition to pirat^i are common avenge
173
996
999
973 9B0
PLACB PLAINTIFF. 406
PiBAOT^Seaxo0ii are bound to assist in defendicig ship against pixates VoL iL 682
As to demanding fireight if goods are lost by robbers or pirates '* OT4 The compensation made to those by whose means ship or goods
have been saved from pirates is included in salvage *f 681
PLACE.
Pi^OB — All indictments must set forth the town or, of the offender . VoL L 4d6
How interest is to be regulated, if a note is drawn and payable in
one, and sued in another . " - 104
Role in the EJngUsh law respecting demand for payment where note
is made pajrable at a particular . - 87
As to the necessity of averring and proving a demand at, where
note is paysd>Ie . * . ** 89
Usage of^ on which a bill is drawn uniformly regulates the days of
grace which must be allowed . . . *' 129
Role in the construction of contracts as to, of delivery where none
is expressed .....'* 226
A contract valid by the law of, where made generally speaking is
valid everywhere . *' 240
General role as to what constitutes a good defence by the law of^where
contract is made or to be performed, being good everywhere " 241
How statutes of usury apply to contracts reserving interest, made
in one place to be executed in another ** 249
Allegation of time and, " then and there" should be repeated to every
material fact wh^ch is issuable and triable . ** 442
By what an ambiguity in the description of^ where risk is to com- mence is to be construed . . . . ^ 634
Marriages between persons nd juris to be decided by the law ot,
wheie celebrated . . "^ ii. 148
Rule in case neither of the parties have a domicil in, where mar- riage is celebrated, as to domicil . . . *' 1S6
PLAINTIFF.
PiJiiHTiFF— As to what, recovers in actions o£indebitatu$ a$9mtpmi . Vol i. 66 As to a recovery against accepter on a bill endorsed to, which has
been lost or mislaid ...-." 99^100
What, must prove in actions of trover against carrier . ' ** 176
As to, having full leave to amend after special demurrer to bill ** 192 If a promise to marry be made by defendant in consideration that,
would have connection, it is void . . . ** 229 Must aver performance or an offer to perform on contract for de- livery of stock . . « 260 In an action for non-performance defendant may show that he was
prevented by •* 269 'What,must show to support action of ejectment ^ 338 What is evidence as to third persons to show possession of proper- ty in . « 840 General bad character of, may be shown in action for slander ^ 375
40^ FLAlVim (COX«TINUI&I>).
p. AiSiivi^'WliaMBiistallQgo ia the dedaration tei maliclooB pnQteevtuui VoL ii. 130 Deieadaot may mitigate damages by showing chat, was a common
UbeUef ** 107 Where justice of the case is strongly in h,vot of, the court may grant new tcial to enable him to correct errors of his attorney by
amending petition . " 265^
Non-suit is the n»me of a judgment against ** 961 If parties having no interest in the suit be joined as pluntiilb, the
defendant may demur and plead in like manner ** 342
. Rule as to joinder ofpartners as, in an action ex cofitrocftt " 493 Rule as to the joinder of nominal partner as, in action on contract
made by firm . *■ 495
Rule as to joinder of partners as, to action ex d^do . ^ 499 As to the right of| in an action against partners, to call partners to
prove his case . * 431 A replication is plaintiff's answer to defendant's plea ** 948 What charge upon, vnll entitle him to damages, in case of slander " 000 Plea relative to the person of . . " iii 11 Plea to the jurisdiction of the person of . . . '' 19; 13 Death of, before service of the original writ may be pleaded in abate- ment . « 12 Action of debt for statute penalty abates by death of ** 13 Actionofassaultandbattery abates by the death of . ** 13 Writ of error in personal actions abates by death of . ** 13 E&ct ofthe death of one of several, in an action of trespass, 9ttbC2.yV. *' 13 Inlhncy of, may be pleaded in abatement . ** 14 As to non-joinder of ■ . . ** 19^ 10 Effect ofan alien, becoming an enemy after judgment . *' 99 The attachment law does not require, to swear positively to th^ '
amount of liis debt ** M H in attachment Mis to give bond or file affidavit, it should be
pleaded in abatement . '^ 01 To what the rule that a party cannot be both, and defendant, ap-
pUes ... "140 Aa to, ih replevin being a trespasser ... ** 930 Ujpon an affidavit of defence to part of a claim, may take judg- ment for the residue and receive it . * 998 What if there be collusion between attorney of^ and defendants at- torney . ' . •• 902 Duty of counsel fi>r defendant it^ in repltvin becomes non-suit * 907 As to how many real persons, is entitled to as bail ** 973 Within what time, muafexcept to bail for insufficiency , *< 973 What U; do except to bail ..... "973,974 What affidavit by, sufficient to hold defendant to bail ** 978 Fraudulent conduct on the part of^ may be shown in defence against
him « *« 980 As to the authority of courts of the U. States to order a peremptory
non-suit against the will of ... " 381
What two things are necessary to entitle, to iBoover in trover ** ' 487
PLAINT»— PUBA. 407
PLAINTS.
Pi»AittT»* Abatement in ita present and most general ugniiicatiottxdAtef
towritflor ...... Vol. ilL 9
PLEA. PUu — General rule as to necessary certainty of . ^ . VoL iL 473
Wh«t necessary to support, in bar . . . ** 473
Whsft is, in abatement . . '* i 9
As to verifying, by affidavit ....<* 9
If a» account stated be pleaded in bar to a bill in equity, such, will
be sustained . '' 188
A* to intoxication creating a privilege or, in avoidance of contract " 204 Whfttnecessary tosetoutin,of usury ..." 249 Astotheeffectof, of tender and refusal of goods " 267
As 1o allowing a demurrer and, to same part of declaration " 291,292
As to what may be given in evidence\inder, of not guilty in action
of trespass fHortciaiMuiii/r^ . . " 362
What is put in issue by, of not guilty "363
The effect of a judgment <^ courts of concurrent jurisdiction is as a
plea in bar . Vol. i. 370— 4L 27
As to allowing, in abatemeht when Christian name of defendant is
mistaken ....
KU Met is the proper, to actions on foreign judgments * . When nSi dAd cannot be pleaded Whsit evidence defendant may adduce in mitigation in actions foi
libel under, of not guilty Rule as to, of the statute of limitations Eflbct oi, of the statute in actions instituted in one state on judg- ment in another . " 130 As to awarding mandamus, to Mrike off, which the court permitted
defendant to file "139
Of a stated account is a good bar to a bill for an account . " 343
What necessary to support, of a stated account " 343
Bankruptcy of one of the partners is a good, in bar to a bill lor an
account . . " 344
A covenant to refer to arbitration is no valid defence by way of . " 344 As to pleading an award to a bill for an account " 344
What is a good defence by, is also good by demurrer . '* 344
RulewheieinfEmcy of partner Is pleaded . . . ** 428
Whatnecessary to support, of payment ** 469, 470
Setting forth the evidence of facts instead of the facts themselves is
bad . « 473
What, of tender before suit brought must contain ** 472
Of performance is an affirmative plea and the onus of proof lies on
the defendant . '^ 474
Of payment by endorser of not) declared on may be** supported by
evidence without producing note . . " 474
What, of payment into court under the general inddiitatiu count only
admiU ' . . . « 474
|
VoL |
i. |
443 |
|
u |
iL |
11 |
|
u |
14 |
|
|
u |
106 |
|
|
M |
128 |
408
PLEA (continued}.
ol
Plsa— As to the efiect o( since last contimtanu Vol u.
Rule as to whenpuu damn cotOmuamct must be pleaded
As to what is essential in, to the jurisdiction
Rule as to, in avoidance
Of pUne admmiitramt prater
What is put in issue by, of non at factum
Rule as to when nil debet toblj be pleaded .
'What the rule for pleading nul tid record
Upon whom the onus probandi lies, of pUne admmutrwok
As to when wm damnifieatus is a proper
What necessaiy to support, of UHtpendencia
As to when general issue may be pleaded in assumpsit .
Rules for pleading in an information quo warranto
General rule ac to, in reple-vin
What the proper, tc an avowry .
A replication is plaintiff's answer to the defendant's
As to what may be replied in answer to, of the statute of limita- tions ....
What sufficient to state in, in abatement to a bill for foreclosure for want of jurisdiction .
When, to the jurisdiction of court in transitory actions is proper oaly . : . . .
Relative to the'persofi of the plaintiff .
Of alien enemy ...
To the jurisdiction of the person of the plaintiff
Of infancy of plaintiff in abatement
Of non-joinder of plaintiff ....
Of non-joinder of defendant
Of misnomer of defendant . .
As to the validity of, of misnomer in actions of ejectment
As to qualities of^ in abatement .
As to putting in plea in abatement after, in bar
As to amendirg in abatement
In abatement must be precise or it will be ill on demurrer
Defects in the declaration wiU not be noticed by court on demuner to, in abatement
In abatement to the jurisdiction of court on personal grounds appli- cable to one defendant only, is not available fbgr another
Filed in the name of all the defendants will be an appearance for all
When a judgment recovered contrary to law is prejudicial to a third party, he, may avoid it by, and proof
When, offww est /actum is a nullity .
What of usury roust allege .
£r dofeadant Vf oukl object that a bank cannot discount bonds he must do it by, showing the facts
A man jointly indicted wiUi othere, and who has pleaded ''not guilty," cannot be a witness while his, stands
Generally speaking, of payment admits the cause of action
474.473,476
7ol. u. 476
472
« 476
"476,479
•• 477
« 478
« 47»
" 47»
480
« 483
Lii.483-r485
Vol. u. 516
^« 54,'
947
Stt
S50
'iu.0,10
|
« |
10 |
|
tt |
11 |
|
t* |
12 |
|
u |
13,13 |
|
« |
14 |
|
« |
15 |
|
M |
16-18 |
|
« |
18 |
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tt |
18 |
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«l |
10 |
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U |
10,20 |
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. ' * |
21 |
|
tt |
21 |
24
113
110
204 287 287
287
363 4dl
PLEADING PLEBISCITE M.
409
PLEADING. PiiSADiMG — Grenecal rule as to the necessaiy Btatements in
What is essential in, (o the jarisdiction
Rule as to the necessary certainty in .
What necessary to support plea in bar .
Rule as to, payment ....
Effect of a plea since the last continuance . VoL
Rule as to when jpiuU darem covtmuanct must be pleaded
What the rule as to, in avoidance . .
Ab to what is put in issue by, lum et^/ac(um
Rule as to when ml debet may be pleaded
What the rule fdr fwl Hel record
On whom the onus probatuH lies upon a plea of plene atbninistramt
What the forms of, the sutttte of limitations Vol.
What necessary to support a pleu of Utit pmdtnda .
As to when the general issue may be pleaded in assumpsit
What defendant must set forth in, performance of condition in bond
What is a demuirer in ....
judgment must be had against him on demuner who commits the
first error in Indictments should be more certain than common pleadings . As to arresting judgment for fault in the issue if, is otherwise cor- rect ..... Rule as to, the statute of limitations
The statute of limitations is a good replication to a plea of set-off In equity between partners . VoL
Rules for, in an information 9110 «0arranto . -
A repleader is upon the form and manner of .
General rule as to pleas in replevin What the proper plea to an avowry As to, infancy of plaintiff in abatement Alien enemy may be pleaded either in abatement or in bar As to, to the person of the plaintiff As to, to the jurisdiction of the person of the plaintiff As to, non-joinder of plaintiff Non-joinder of defendant pleaded in abatement As to, misnomer of defendant
As to modes of, in abatement .... Practice and effect of judgment in foreign attachment After aparty has pleaded in nMo at enratmn, it is too late to move
for a certiorari ....
What necessary in, a conveyance by lease and release As to allowing prisoner who has pleaded guilty to a charge of larce- ny, to plead not guilty .... As to allowing principal and accessory to plead and go to trial jointly
Vol. u. 471
472
** 473
" 473
« 474
ii. 474-476
Vol. ii. 476
476
u 477
« 478
« 479
479
ii.480— 4S3
VoL ii. 483
*< 483,485
" i. 151
•• 314
315 458
« u* 26
128
« 129
U.340--345
VoL u. 516
" 541
« 545
" 547
" iu. '14
12
« 11
** 12,13
15
16,17
18
19,20
86,87
138 142
205 416
' uU\
PLEBISCITU^i
PUktfisoxTUK— What is 5«
VoLU. 60
410 PLKDOft CB PAWK — PL£IK3S£ OR PIWNKB.
PLEDGE OR PAWN.
PtsDOK OB Pawn— What, defined to be . . yoLiL21S
What the distinction between a awrtgage and " 31«
What the efsential ingredients to constitute the contxaet of <* 217 As to what things may be the subject of . . Vol iL 917— ^220
General rule as to what rights the pawnee ae^iVRe Vol ii 220
Rule of the Roman law as to ** 221 Rale as to the pledgee's right to reimbursement ibf ezpeluet w-
lativeto . *• 229 Rule of the common law as to rights of pledgee to sell, upon defirak
ofpayment ...... *'223,223
Rule as to the rights of pledgee after sale o^ and there are sewml
claims upon the fund . . ** 324 Rule as to the pawnee's right to become a purchaser upon the
saleof . -^ 225
Rulsas to the right of pledger to compel a sale "235 How the law is upon the pledgee's right to alienate the thing
pledged . . ''296,297
Rule of the Roman law on this subject . . . '* 238
In what cases the pawnee may use the thing pawned *'228^229 Rule as to the diligence imposed upon pawnee in respect to tlw
preservation of the [ awn .... *< 230, 231 Rule as to the right of pledger to redeem ..." 239
General rule as to the liability of pawned goods to execution " 233 Rule as to the obligation of pawner in regard to title of the thing
pawned . ** 234 In what manner, may be extinguished ..." 239
As tQ factor's right to . ** i 24
As to pledging freight on bottomry bond "154
As to power of master to pledge vessel . ** 155
Rule as to the right of partner to pledge partnership pvt^terty . ** ii 353
Eilbct of broker tOTtiously pledging goods on which he has a lien . ** 114 Rule as to rights of creditor whew debtor has given collateral
pledges to his surety . . . . ** 170
PLEDGEE OR PAWNEE. Plsdobb OB Pa WRBB — General rules as to what rights, acquires . VoL iL 990 Rule of the Roman law as to the rights of . . ** 991 Rule as to the right of, to reimbursement for expenses incurred in re- lation to the pledge . " 999 Rule of the common law as to the right of, to sell upon deiault of
payment ..... Vol ii. 229— 994 Rule as to the rights of, after sale and there are various claims up- on the fa nd produced .... yol.ii294 . Rule as to right of, to become purchaser upon the sale of his pledge " 995 ¥^at the rule as to the right of; to alienate the thing pledged ToL it 226— 99B Rule of the Roman law on this subject VoL ii 298 In what cases, may use the thing pawned . . Vol. ii. 238—930 Rule as to the diligence imposed upon, in respect to preservation " 980, 331, 239
PLEDQEB OR PAWH^— POISON ^POUCT OP ISTSURANGB
41?
PL£DO£R OR PAWN£R.
PusoKR OS PAWNiBr— Rule fts to the right of, to compel a sale . VoL U. 925
Role as to the right o( to redeem .... "23^,233^
Role as to the obligations of, in legaid to title to the thing pawned *^ 234
PLENE ADMINISTRAVIT. PitSMK ADMiitiSTSAyiT — Plea of . VoL ii. 476, 479-~ui<. 212"
POISON. PoxaoN — What is necessary to constitute administering Vol. i. 431, 4S3^iii 185
If a man wilfully poisons another the law presomes malice VpL i. 434
As to the distinction between the case of murder l^, and other
modes of killing , " 437
Indictment against mother for murder of her infant cfa^ld by VoL iii. ISd-^lSS Effect of an attempt to, by mixing certain no^ous andnlestrmctive
-things with floor and administering it . Vol. iii. 452^ 493
POLICY OF INSURANCE. PoLioY OP Iii8URAncK-*What the rule wherb a particular ship is spe-
cifiedin, VoL L 402
As to what is included in, by the words, " ship's body^
As to the validity of| without naming the ship .
What the effect of the words, '' W' or " not last" in .
What the effect of; made for whomsoever it may concern .
As to the effect of, effected by agent without knowledge of
principal . . "^ .
Rule as to thsr assignment of . . .
Eflfect of the word " property" in . What comprehended under the term " cargo** in What the effect of a wrong description of goods in . What the rule as to altering mistakes in What comprehended undisr the word " furniture" in A broker employed to effect, may adjust the loss When consignee who has made advances may vacate Agent wrongfully witiiholding .
As to the competency of master to gtve testimony in an action on What is usually undertaken by the insurer in, on irei^t As to whether freight in expectancy may be a subject of What will amount to a sufficient interest to take, out of statute What is a wager policy .... Rule of the common law as to wager policies Rule in the United States as to wager policies . General rule of commercial law as to wager policies . Role of the commercial law as to the validity of, upon trntsgling
voyages Whikt understood by an open .... What understood b^ a valued
Rulea for aasessing the value .... Rule for determining the interest in open What the effect of valuation in . . • •
" 402
402
« 470
«470,471
471
« 473
•* 472
* 472 •* 473 « 473 « 474
29
« 30
40
303
« 477
«477,478
'• 480
" 480
480
* 480
* 48J
•* 481
" 482
* 482 " 482 « 480
* 487
^
? 412
POLICY OF INSURANCE (CONTIKUSO).
Fduot 09 IifsuKAiiCB — Rule as to open yaluations in Fnnce
Rule where there are different valuations in successive
What understood.by the term " representation" as relates to
General rule as to what facts are necessary to be disclosed in a re- presentation .....
What the effect of representation to the first underwriter
What the effect of a misrepresentation
What will amount to such a misrepresentation as to avoid
How the materiality of a misrepresentation is to be determined
Whal if, is effected upon ship or goods after intelligence has been received of a loss
How a warranty of; is regarded in law
Of what two kinds are warranties of . . .
What the main requisite to constitute a warranty of
What warranties most frequently occur in
What the effect of these words in, on goods **of and in the ship called the Caroline an American vessel"
What warranties are implied in every
What understood by Warranty of seaworthiness in
What the usual perils enumerated in
What the meaning of the clause " lost by enemies'* in
Distinction between restraint and detention as used in
As to when, attaches aud terminates
What construction to be put upon, ^* at and from an island
What is deviation as understood in .
What the effect of a letter of marque upon
Effect of taking on board more or a different kind of cargo than is authorized by . . • '
As to the effect of barratry upon . .* . .
What is a total loss within the meaning of ^ What is abandonment as understood in .
In what case the right to abandon for a techmcal total loss in case of, on ship exists ....
By what rule the " one half value" to be ascertained in case of; on goods .
What understood by stranding in .
What understood by general average in
As to the remedy on Vol.
What the form of remedy on ...
As to the manner of describing ....
Alto, on lives •• •
Eflfocted by a bankrupt upon his own life passes to his assignees .
In whose name action on, may be brought .
The usage of trade must be taken into consideration in the con- struction of .
IMIhgt of inserting the common memorandum in, exceptiiig certsan articles from particular average
At to what is necessary to render voiv
Vol. L 488 •* 488
488
489
490 « 490
490 ** 491
*" 494
« 499
« 499
499
499
" 501 « 505 « 505
« 590 528
** 530 534
« 535 536 538
« 589
« 542
« 543
« 545
<" 546
« 547
551
« 555
i. 587— 569
Vol i. 588
» 990 ** iL494
**iii.900
4ia
POUGT.OP INSURANCE ON LIVES — POLLS — POLTOAMT— -FOMBIBION. 413
* POLICY OF INSURANCE ON LIVES.
PobzoT OF Insubamob OR LzvB»~What uiideistood by . Vol. i. 589
Asto what will amount to an insurable interest in a life . **d89»50(^ As to the assignability of Vol i 990— iii. 200,201 What provision in, that it is to be deemed void in case the assured
shall die by his own hand, imports . Vol. iii. 413
As to liability of undexwriters in an action on "413
POLLS.
PoLLS^What will amount to a snffieient ground for challenge to Vol. ii 63
POLYGAMY.
PojuYOAMT — Or incestuous maniages not recognized . Vol. li. 149
PORTS.
PoBTS — Duties on goods imported do not accrue until their arrival at, of entry - VoL L 335 Rule for valuing goods shipped to a port and then re-shipped to, of
discharge . *< 48$ Hoilr a warranty free from seizure m, of dischaige Is to be construed '* 003 Who to determine the question whether ship was at her port of dis- charge . " 904 A policy on ship ** at and from a port*' will attach although the ship
' be at the time undergoing repairs in port ^ 90$
As to the effect given to the term ** sea risks in port** ** 920
A policy on vessel **at and from an island** protects her in sailing ^
from port to port of the island to take in cargo ** 935 Effect given to the words ** touch and stay** at intermediate, on the
passage ** 937
What sailing out of, in violation of an embargo constitutes . . '* 541
Sailing out of, without paying port duties is barratry " 941 Rule as to contribution for expenses, seamen's wages, &c., where
vessels in distress put into, to re-fit . " 90O Jurisdiction of the admiralty as a prize court extends to captures
made in " ii. 58
As to power of master in forei,^ . ** 623 As to expenses of voyage to, of necessity for the purpose of making
repairs constituting a general average ** ilL 199 As to the.liability given by policy to vessels from foreign port " to a
port of discharge in the United States** * 401
POSSESSION.
PofsxssioN — As to lien on goods which come to, of a person by finding Vol. L 48
Of goods is necessaiy to create a lien . . ** 49
As to conveying by bargain and sale while out of . ** 60, S70 How, of negotiable paper payable to bearer or endorsed in Idank is
regarded * 84' b primSi fadt evidence of transfer to the holder . VoL i 114| 143, 1 44
Is piimA facU evidence of property in a bank note Vol i. 138
Currier las a lien on goods so long as he retains ** 178
414
POttBa»ION (cOHTlIfUKD).
Pv MS8SI0N— Effect of eairier delivecuig, to conngnee
The rule of caveat a^pior BippMen in every tale of chattels where, U at the time in another and there be no covenant or warranty of title .....
Ab to the light of vender who sella goods on credit to resume
Eflbct of an agreement between parties at the time of sale that, is not to follow the bill of sale
Of one coparcener is the possession of all except in cases of actual ouster ......
As to divesting property which has once vested by transmutation of, by the cancellation of deed ....
Where there has been, under a void deed it may be read in evidence as to the extent of the claim ....
How he who is entitled to a tract of land and is in, of part is con- sidered .....
As to a widow being entitled to, until her dower is assigned to her
Whenever a right of entry exists so that, can be delivered an eject- ment will lie - .
Rule as to adverse . * .
May be adverse without written evidence of title ,
By whom the question of adverse, to be decided
How adverse, to be construed ....
How tenants, may become adverse
A patent or grant of land from state has been presumed after a length of .....
As to barring an equitable title by length of .
Leaving goods in, of vender is prima facie evidence of fraud
If the mortgager of personal property continue in, it is a question for the jury whether fraudulent or not
Unexplained is conclusive to show fraud
As to the necessity of an immediate change o( after assignment
Constructive, not to be fiivored ....
A mortgager of vessel cannot commit barratry where the mortgagee has not entered into ....
What character of, necessary to vest a right by limitation
What frets are sufficient to constitute an available adverse
Rule as to adverse, between landlord and tenant
How, of an agent or bailee is held
Rule as to tacking, so as to raise a prescription
As to pleading, against the public
Rule as to the right of mortgagee to take, of the land
Rule aa to the rights of mortgagee while in
la what case the mortgagee in, is accountable for profits
Rule as to allowing mortgagee in, for care and trouble in mansging the estate ......
Rule as to the right of mortgagee in, to be paid for permanent im- provements .....
How mortgager in, is considerea ....
iM to the effect of pledgee giving up to pledger
YoL L 178
« 301 « 3S7
" 296 271
*« 307
306
«11 331
336 " 338 330 330 330 « 341
357
361
« 408
« 403 "* 403
« 419 4M
542 *" ii. 115 " 116
117 « 117
118 « 130 « 184 « XSS « 186
« 186
« 18
■ 2a
« 286
P08TBUM0US— POST-NUPtlAL AORK£BffBNT8 AND SBTTLIiailTB. 415
P088X8B1011 — Of the property stolen is not evidence of buiglaiy . Vol. liL 807 An officer must have actual, and custody of the goods to constitate
a valid attachment . " 74 Property fraudulently transferred, maybe attached while it remains
in, of vendee . . ** 75 The sheriff must take the property into his actual, on attachment ^ 89 The want of change of, subjects a mortgage of chattels to the impu- tation of fraud* . " 217 Continuance of, in mortgager affords the highest presumption of
fraudulent intent . . . '' 319 As to the liability of mortgagee of a vessel who has never taken YoL iii. 239,
372, 468
In what case finder of lost property may retain " 498
As to liability of mortgagee of ship who has taken '* 435
As to the validity of parol partition of lands followed by " 439 He who is in actual, of land may maintain trespass against any
other person except the real owner . " 486 Where two persons have a concurrent or mixed, of land, neither can
maintain trespass against the other *' 486
POSTHUMOUS. Posthumous — Strangers may be appointed heirs Vol. ii. 794 Marriage and birth of, child amounts to a revocation of a will exe- cuted prior to marriage VoL L 462<— ii« 724
POST-NUPTIAL AGREEMENTS AND SETTLEMENTS. Post-nuptial Aobexuxnts and Sbttlbments — Between husband
and wife though void at law will be upheld in equity V6L iL 163 Rule as to the validity of a post-nuptial settlement made in puiku-
ance of ante-nuptial agreement . . ** 161, 162
POWERS.
(Pf-^rxRS — What is a power, as understood in law Vol. iL 499
Usual classification of . . ** 499
What are, appendant or appurtenant . . • '* 499
What ate, collateral or in gross . " 490
Simply collateral "490
What necessary in order to create a power . . ** 491
Upon what depends the creation, execution, and destruction of ** 491 English rule a^ to, of appointment of revocation under statute of
uses . '* 492
As to the execution and construction of YoL iL 493-^10
Rule as to who may execute a power Vqi ii. 498
Rule as to the right of donee to delegate a power ** 498
Rule strictly speakingasto the execution of ... Vi^ ii. 494— 496 Rule lor. construing the instrument for execution where paity base
power and also an interest ToLiL496 What necessary to a valid execution of a power given to two or
more persons . " 497
416 POWERS (continued).
P0WX&9— 'General rule as to ezcesaive execattoo of VoL 11. 4W
Under whom the appointee uader a power taxes . *' AM Rule in equity as to the rights of cr^itors in property over which
a party has a general power of appointment . ' . *' 499, SQO What will constitute such an execution of a power as to entitle party to relief in equity, on the ground of defective execution
or mistake ...... "900,901
In whose &vor equity will aid in a defective execution of " 902 In what case a defective execution will be made good with refer- ence to the instrument by which the power is granted . ** 903 Rule in equity as to granting relief against a power " 903 Rule as to who may claim relief . " 904 Distinction between a power and a trust . . . *" 904 Into what classes, are divided in relation to the effects of their exe- cution upon the estates in the settlement '* 909 Genera] rule for construing a power to appoint to children ** 906 Rule for construing a power to appoint to relations . ** 909 Rule as to what will be deemed an illusory execution of a power * 900 As to the extinguishment of . . YoL u. 910—919 In what manner, may be suspended or extinguished . VoL ii. 910 As to, and duties of agents .... VoL i 00-^
As to the remedy against an agent for assuming to act when he
had no power ..... YoL i. 44
Of agents determined by bankruptcy of principal "93 The liability of principal for acts of agents depends upon the limits
of the power delegated • * 94
As to agents selling a slave under a general power . . " 9B Agents with general, are not bound to exercise more than ordinary
diligence- . ** 98 An award may be vacated upon the ground that arbitrators exceed- ed their, or imperfectly executed them "00 As to revoking, of arbitrators after matters in dispute have been
once submitted to them . . . " 61
As to assigning a bare power "03
A power to fill up a blank cheek is personal . " 1S7
As to the power of congress to call out the militia . " 196
Id whom the power of creating corporations in the U. States is vested " 273 As to, and disabilities of corporations . YoL L 279—280 How, and capacities of corporations are considered under the Eng-
Ushlaw . . YoLi279
YHiat the modem doctrine on the subject of corporate ** 976 Rule of the common law as to the power of corporations to enaet
by-laws - \ " 277 Bfodes of proceeding to enforce the forfeitureof charter of a corpora- tion for default or al^use of power . " 288 Apower to make a deed must be by deed " 297 U ttiay be shown by parol that after the submissioB in writing, the parties agreed that the arbitrators should have power to eall an umpire " 890
POWERS (( ONtiNC I I)) 417
Fowsst^By what law, to sell immovable property is governed VoL L 391 How administrators s^and towanis e&ch other where their, are
gmnteil in different states . . *' 3M The aid of equity will olteii he given where a power has been de- fectively executed, whereas at law the act is wholly nuga- tory . . "400 As to, of chancery to remove guardian . ** 424 Rule as to the power of court of equity to grant relief against a
judgment at law . . '. • " iL 23
In what judicial power of the U. States is vested . . *^ 29 To what judicial power of the U. States extends . YoL H. 29, 30, 32 As to the power of supreme court to isAie writs of teirtfacUu and
habetu corpua . Vol. iL 43
Rule as to the power of supreme court to issue writ of mandamus " 44, 139
Rule as to the power of circuit court to issue a mandamus ** 52, 53 Rule as to power of circuit court to issue certiorari or procedendo to
district court ....." 56
Rule as to the power of state pourts to grant writs of habetu corpm ** 62
As to the nature of a power to sell . " 196
Rule as to the manner of executing a power to sell " 196
As to power of mortgager to make leases to bind the moilgagee *^ 207
Rule in equity as to mistakes in the execution of . ' . " 254
As to the time when power of the lather over his child ceases . " 289 Rule as to the power of partners after dissoiution with respect to
rights created during partnership . ^311.
As to what the power of partner to bind firm extends . *' 377 The power of one partner to bind the firm ceases upon the dissolu- tion . . Vol ii. 400— iu. 443
As to the power of partners to sue in action ex contractu . Vol ii. 422 As to the power of congress to promote the progress of science and
useful arts . . . . . Vol. li. 444— 456
What are the duties, and rights of ship^s husband . Vol. ii. 594 As to, and duties of masters of vessels . . . VoL ii. 599 — 620
Under what circumstances master has power to appoint substitute Vol ii. 623
As to, of consuls or commercial agents in foreign ports . " 639
Rule as to, of trustee over trust property . . . « 7iQ
As to legislative and judicial .... 'Mii. 115 As to the power of legislatures to transfer property of an individual
to a private corporation . . . . *< 243 What is the proper power to determine whether a statute is or is
not constitutional ...,«< 3x0
To what the power to regulate commerce extends . . «♦ 3-^
As to the powerof either house of congress to punish for contempts ** 324 As to the power of court of equity to take capital of a ward, and
apply it for maintenince . . . " '388 As to the power of chancellor to issue hiU)cas corpus^ to inquire into
ihe cause of detention . . ** 396 Upon *^ Kat depends the time whctn a pov^er in trust for the sale of
oa I estate createil by will, uny be executed . . " 455
4l8 POWERS OF ATTORNEY PRACTICE — PRECEDENT.
POWERS OF ATTORNEY.
PowiBs OF Attoknst — General rule for confttruing . Vol. u. 512
Role M to the revocation of . . ToLLdS— ii. 513
PRACTICE.
Vol. i. 393
Peaotiob— Of courts where declaration is defective .
Rnle o^ as to allowing amendments to declaration in actions of
ejectment '.•...** 340
In case of misdemeanors ..... ^456,457
To what coarse, in the sopreme conrt conforms '* ii. 31
Modem, as to pleading the statute of limitations . . *' 138
Hodem, as to awarding mandamus .. . ** 140
EnglishfOfeffecting a foreclosure . . '* 197
In the U. States as to foreclosing mortgages . ** 196
Of ordering a non-suit tiitiit?t(Hm for defect of evidence . . " 281
Within what time patentee must put his invention into . " 462
As to pleadings, and effect of judgment in foreign attachment ** iii. 86 As to what is requisite to the admission of attomejs and connsOl-
lors to, in the supreme court of U. States ''100
PRECEDENT.
Peboedbnt^A note taken bjr express agreement in payment of a judg- ment extinguishes the precedent debt . . Where freight is to b4 paid after the return of a vessel, her return is condition ......
As to waiving a condition . . «
Doctrine of the law as to following precedents
Where a demise is laid, to plaintiff's title, it is cured by statute of
jeo&iU . « 340
Where two persons in cold blood meet and fight on, quarrel and one
is killed, the other is guilty of murder Vol. i. iSS-^-iiL 357
If the condition in legacy be, it must be strictly complied with . VoL ii. 81 What the general rule of common law as to conditions, in regard to
personal legacies ** 82
How it is to be determined whether a condition is, or subsequent *' 84
Payment of money into court is a condition . . ** 474
In New York neither the payment nor assessment of damages to ownen of lands through which a road is to pass, is a condi- tion, as to the ri^t to open the road <^ iii. 330
PRECEPT. Pbbcbft— As to obliging sheriff to show , VoL L 445
PRE-EMPTION.
Pbs-bmptioh— Congress have a right of, to all Indian lands within the
territories ofthe United States . VoL L 196
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PREFIREircS — ^PBEMISEfl — PEEMIUM — ^PRISCSIPTIOV.
419
PREFERENCE. Pimsxif 01— As to thd right of debtor to prefer creditors , VoL iiL 121, 199
As to the maimer in which debtor maj psefer creditors . * 831
PREMISES.
PiXMzsBS — Rule as to the descriptioa of; in actions of ejectmeat . Vol. i. 337
As to the liability of mortgaged, to subsequent advances . . " ii. 175
As to the right of mortgagee to grant leases of . . ** 185 As to the manner of effecting ^sales of mortgaged^ under a decree of
" court . . . . . . ^ « aw
Rule as to selling mortgaged, on credit ... . . ** 204
Notice to remove a nuisance left at, is evidence against a subse- quent occupier . . ** 281 Rule as to the liability of tenant for rent where, are fortuitously
destroyed . . . . . ** 534
Rule of Roman law on this subject . . . ** 535
Effect of mortgagee releasing his right in mortgaged . *^ iii. 80
PREMIUM. Pbbmiuk— In what cases insured may demand a return of . VoL i. 587 Liability of agent who limits broker to too small, by which no in- surance is effected . . . . ** 44 As to, common carrier may demand . . . ** 183 Rule as to the right of discounter or purchaser to charge an addi- tional, to cover expenses . ** 346 Rule for valuing goods where a return of part of, is contemplated " 486 Rule for calculating interest where a return of, is demanded by
reason of short interest . " 487
PRESCRIPTION.
PtasoBiPTioM— From what time, begins to run against the mortgager VoL ii. 237
As to the time when, commences against mortgagee . ** 238
An Older to record a will, will enable t party to plead, under it ** 116
Rule as to tacking possessions so as to raise a prescription ** 118
"Does not run against one who cannot sell; . . * « 121
Does not run against one who cannot sue . " 121
Is never pleaded to a claim for freedom ^ - . "121
How the, to things may be interrupted . . ''124^125
Rule as to, against a state ''ISO
As to claiming slave by . . . " 131 When pleaded by one creditor does not enure to the benefit of
another .....** 48S
What creditor may plead . . . . ** 482
PRESENTMENT.
.Pbbsbntmsnt— French law on the subject of; for acceptance . . Vol i. 75
What circumstances will go to excuse delay in making . ** 75
Within what time &£ceptance must be made after • . " 76
What holder shonk loon, if the drawee, be dead . • "76
420 PRBSfDEilT OF THE UNITED STATE:«t— PBESUMPftOM. .
Pbbssntmkiit — ^At to what is sufficient endence of . VoL L 89
When bill is payable at so many days' sight the day o^ is excluded ^ 09
When note payable on demand must be presented for payment " 01 And notice must be confonnable to the usage of the bank U> chaige
the endorser . ** 06 When holder of a check must present it for payment . VoL liL 290, 201
PRESIDENT OF THE UNITED STATES. Pbbsidbiit op thb Uhitbd States — Is the commander of the militia
when called into service ... Vol. i 196
As to, remitting crimes and offences . . " ii. 54
PRESUMPTION. Pbbsumption — As to what may be presumed if a man put his name on
the back of a note not negotiable Vol. i. 137 • Sanity is to be presumed until the contrary be proved Vol. i. 203-^. 130 As to what length of time the law requires husband to be absent
before it is presumed that he is dead VoL i. 208
As to indulging in, of payment to guard against stale demands " 982 A declared intention to deliver does not furnish any probable, of
delivery ..... *^ 309
What the general, in case of an alteration or erasure of a deed " 300
What sufficient to rebut, of payment raised by lapse of time . *^ 358 What length of time will support, of a grant or charter against the
crown . * 357
What cireumstances will justify, of a deed is a matter of law . 361
As to whether fraud is oris not to be presumed . * 400
What the general as to malice in rases of homicide . * 435
After a lapse of' what time judgment i| presumed to be satisfied "^ ii. 28
What the, in regard to jurisdiction of circuit court '* 48
Of law as to legitimacy of childreh of a married woman '^ lOi
When payment of bond may be presumed . ** 118
What len^h of time sufficient to raise a, of discharge of a mortgage ** 238
What the rule as to, of payment from lapse of time . " 470 A continuance of possession in the mortgager affords the highest,
* of fraudulent intent . . . " iii. 210
At what time one who is absent will be presumed to have died " 231
As to when satisfaction is presumed only . . ** 238
As to rebutting, of malice in case of libel . . . ** 428 What the. where an individual constructs a dam so aa to flow back
water on the land of another • ** 494 Of law as to the testamentary validity of every paper offered for
probate .....
When the revocation of a will must be presumed
PRESUMPTIVE EVIDENCE.
PftxauMPTivB EvTDCNCB — What undentood by i
To whom it belongs to determine the force and effect of ¥rhere vender of personal property is suffered to remain in posses- sion after the sale it is, of fraudulent intent . '* iii. 178
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PRIMA FACIB fi¥IO££fCfi^— PRIORITr — PRIVIES — PRIZE. 431
PRIMA FACIE EVIDENCE.
Prima Fa'cik Eviceroe— What is, of a clei^gyman's official chancter VoL L 876
Leaving gdods in possession of vender is, of fraud . . " 409
Foreign judgments are, but may be itapeached . . *< ii. 10
The birtb of a child during lawful onanfiage is, of its legitimaey '* 101 The dismission of a warrant bj a magistrate is, of a want of probable
cause . «* 136
What, that money borrowed by one of a firm is a joint debt . ** 374
' A receipt is only, of what it purports to be U|M>n the face of it " 521
The possession ofa note is, of property therein . r " iii. 106
A person being at a place is, that he is domiciled there . ** 353
The fact of the publication of a libellous statement is, of malice . *< 428
PRINCIPAL AND AGENT. [Seb Agent.]
PRINCIPAL AND INTEREST. [See Interest.]
PRIORITY. Prioeitt— As to, of the United Stotes * . . . VoL ii. 107—111
Dpon what, of the United States as it now exists depends Vol. ii. 107
What general rules the supreme court have declared upon the con- struction of this statute .... "108,100
What the general r^le of law of nations upon the right of, of pay- ment ......* Ill
The mortgagee's right depends essentially upon the registry of his
mortgage and upon, x>f that registry . , ** 100
PRISON BREAKING. Pbisom Breaking — How, is considered . . . w
PRIVIES. PsiTiBS— In general a recovery in ejectment binds only parties and
In blood may avoid a conveyance made by their ancestor during
•his infancy ....
A judgment will not enare by way of estoppel except between par- ties and . . . If the statute of limitations is pleaded and the plea overraled it cannot be again put in by the same parties or .
PRIZ?. pitzs — ^Trustees for, vessel have an insuTa)>le interest
Goods taken as, afford conclusive evidence against warranty of
neutrality . ' . Effect of the capture of a neutral vessel as, by a belligerent armed vessel ......
' In what cases the aut lority of court to act as, tribunal must be examinable . • • ' •
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42i
FBCBATE — ^PROCEDENIK) — PROCESS.
PM«i— Effect of lakiiig,npoiipoKcy . Vol.i<
Condemnattan in, court for want of pasfpoTt To what the ordinary jnriMlictton of the adminlty at, co>iiit «z*
tends . .
As to, property winch a pnblic armed veeeel may bxihg in beini; exempt from jurisdietion ....
PR09ATE PtoBATK — Special limited jurisdiction of conrt in, of deeds
Record of an assignment in the court of, will be presumed to haTe
been made with the widow's knowledge A power to sell immovable property given to an executor cannot
be executed unless upon due, of the will When mandamus will lie to the judge of . When an auxiliary probate authority or administration will be
granted . .
As to, of wills of foreigners
As to setting up a writing offered for, as a will of personal estate A writing offered for, as a last will and testament may be established
though it be not executed .... like presumption of law is against the testamentary Talidity of
every paper offered for, which is unexecuted or imperfect
PROCEDENDO. PaooxnsKDo— As to exercising appellate jurisdiction of the supreme court by • .
When a nuuuihunus in the nature of, may be issued . Rule as to the power of circuit court to issue, to the district court ** 66
PROCESS.
Peoosss — As to proving contents of a legal, by parol . . VoL i. 97^ An attachment against sheriff for contempt partakes of the nature
ofaciiminal . " 382 As to«whetheT sheriff himself may lawfully kill those who barely
fly from the execution of any civil . ** 4S8 What the pfoper, to bring in an offender on an indictment for a petty
misdemeanor or on a penal statute . " 406 Rules governing the execution- of judgments and judicial, of circuit
courts of the United States . . . **lLli,13 How, may be served upon a state . • "31 Rule as to the authority of circuit or district court to issue, into an- other district % .' . . . " SO What the effect if th^re be erfor in the process *' ' t» Every plea must have reference to the commencement of the action,
or tothetime^of seiving' ' ,. . ■ .476
Replevin do^ not lie in any case for goods taken on mesne " 643
As to the duty of sheriff to serve . . ,. . '*577,OT8
' Bow fas sheriff is liable for negligence in the execution of <* 578, S79
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PBOCHEIN Ain*-PK0CLA2f ATION — ^FROT£RT — P^OHII^pll. ^ffi
Fmossb— As to the aathoritj of theriff to hnt^ open doon, to jmji TpLii. SBl^CBX An appeanmce hy attorney cures a defect in ^e service of Vol. iiL S3
As to whether the law allows officers to break open t^e outer doors
of a house to arrest on civil . . . • .** 31,32
An officer is bound to serve, notwithstanding a claim of prinlsfo bj
tiie defendant . . . <* 34
A justice of the peace may issue, and make it returnable at any
place in the county in which he is an officer . • " .4§-
A bond for a less sum than the debt on, of attachment, is fetal . " 78
As to the liability of legacy given to fmnm etyvpi to^iof foreign at- tachment . . . *< 86 Of domestic attachment against absent and abscondiga^ debtors " 87 By attachment does not lie in actions for slander .. *' 88 By attachment will not lie against an absent ex!ecutf>r or a^mii^s-
trator . . . ,. . ^^ « 89
If money in the hands of garnishee is taken from him by compul- sory, he will be excused . . • • ** 04 An attachment is a process to compel the appearance of defendant " 95 A plea filed in the name of all the defendants will be,an appearance
for all, if all have not been served with . . . '^ 119
As to mvalidating sale at auction under, of law, for mere inadequi^
cy of price . . • ^ . . ** 271
Enticing a citizen from one state to another to have him arrested on
civil, IS actionable . . . • . ** 31^
As to the inherent power of courts of justice to punish for disobe- dience ot' . • " 329 To arrest a dead body on .civil, for debt is indictable . . *< 339 As to trustee process .... VoL iii. 487— 498
PROCHEIN AMI
Pboobszh Ami — In an action by in&nt plaintiff his, or guardian ii not a
competent witness for him . . • . yol.;L349
As to appearance ofidiots by guardian, or attorney . . ** ii.l33
PROCLAMATION. F»oci.AXATioN—;How, for public peac« may be proved • VoL L 372
PROFERT. P^FssT^A deed must be pleaded with . . • • VoL i. 310
A plea of tender before suit brought must contain, in const of
money tendered . . . , . * • « ji.472
A writ oi Metre faeiat is foonded upon a recpfd,m)d if it 'make,, of aiiy-
thing else a^ its foundation it fails • • . ** S62
PROHIBITION. pEOKiBiTioN— What are bills of credit, as prohibited by. the constitution
pf the United States . . - VoL L 146
^ to prohibiting armed vessels belonging to citizens of tiw VaiM
States from sailing out of pur porte . . . ** 197
"Wfcat necessary to constitute usuiy within, of law • "244
424 fBOMItK to KARRT— -PROMISSORY NOTES AND BILLS OF EXCHANOR.
rmABiBiTion^ As to who are prohibited from makinga valid will of lands YoL ii. TX** A contract in contravention of a penal statute is void, even whexe
the statute contains no express . ** i. 3S3
Appellate junsdiction of the supreme court maybe exercised by '^ ii. 39 As to what marriages are prohibited . Vol. iL 146, 147, 149
PROMISE TO MARRY. Pboxisx to Makrt — Rule as to who may maintain an action for non- performance of . Vol iL 164 What the rule as to in'&nts bringing actions for breach of . " 164 What is necessary to allege in declaration for breach of , "164 Rule as to when the action may be maintained where no particular
time is expressed in . . " 164 Rule as to the evidence necessary to support a demand . ** 164 What will amount to a good defence to action for breach of " 169 What the rule as to damages . *** 165 •What circumstances will be taken to aggravate the damages . " 165 Asto what may be shown in mitigation of damages . ** 165,166 Made by defendant in consideration that plaintiff would have con- nection with him, is void, unless renewed after the illicit in- « tercourse . . . '* 229 What a sufficient excuse for non-performance of '^ 296 PROMISSORY NOTES AND BILLS OF EXCHANGE, Fromissort Notes aiij> Bills of Exchange— Immediate parties to . VoL L 67 Definition of a bill of exchange . . ** 67 As to the words " value received" being absolutely necessary in . " 67 How parties to bill are called • "67 Rule with respect to mode of becoming party to a bill . . " 68 Essential qualities of . . ** 68 Drawn by servant . . " 68 How bills to be expounded ... "68 Delivering of, to payee . . ' • " 6^69 Drawn or endorsed by infent * . . . « 69 What will discharge surety on . «* 69 Note given by one partner in name of firm . . . ** 70 Note discounted as security by members of an unlawful association " 70 Note by an administrator as administrator . . . ** 70 When note is payable ifno time is expressed . . * 71 Collateral plurties to . . *• 68 Nature ofendorsementofnote not negotiable . ' . . ** 84 How and by whom a valid transfer of, may be maiie " 80 Bill payable to fictitious person . . " 71 When authority for drawing bills is inferred . . "IT Bills not due paid by customer to banker . . " 10 Authority to receive and pay debts gives no authority to accept
WUs .... . VoL i. 20-11512,510
What fbur things an agent is bound to do in negotiating hiUs » ToLL 80
Itnkw taking accepter's check in payment of bill . "40
mif accepted on the fiuth of consignments . 4 * 40
PROMtSSOBr NOTES AND BILLS OP EXCHANGE (CONTINUED). 425
Pbohissqry Notss anx> Bills of Ezohanok — Agent Bunendsring
note belongiDg to principal. . . . Vol i. 57
Acceptance of promissory note on account of a debt . ** 10
Of one member of firm received in payment of finn debt . " 10 As to tbe whole of a joint note merging in a judgment against one
of the makers . ** ' 10
Agreement by officers of bank to release endorser on . "• 14, 108
Parol authority to accept, draw, or endorse bills • . " 20 Factor taking note payable to himself . YoL i. 24, 33— ill 116, 117
Cashier transferring property of corporation in a note . VoLi. 26 Authority to buy and sell goods does not necessarily include power
to sell notes . " 27
Received from an agent or factor, having no authority to transfer ^ 37
Right of bonajide holder of^ to sue iu name of bank . . ** 92, 53
Action against agent for endorsing, without authority . ** S8
Payee or endorsee, good witness to prove that he acted as agent " 58
Necessary demand where maker has removed » . ** 87
Rule in English law respecting demand for payment . . ** < 87
Necessary demand if, made payable at a particular place . *' 87 — 89
Stipulation to waive notice . . ■ • . . '^ 88
By Whom demand must be made . . . ^ B9
By whom demand made if there be no notary . . ** 89
Bill payable at so many days' sight . . " 90, 10&
Must be presented in bank hours . '^ 90
Endorsement on, by initials only . "91
When to be presented if payable on demand . . *' 01 What notice necessary in case maker or drawer absconds Vol. i. 92~lii. 132
Not an absolute extinguishment of simple contract debt . . Vol. i. 99
Mistake as to date of note does not vitiate notice . ** 95
Recovery against accepter on bill lost or mislaid . . ^ 99 Note not negotiable no bar to an action on the account for .which it
was given . . . ^* 100
Taken by express agreement in payment of judgment • ** 100
Note a good plea to action on simple contract debt . • " . 100
Note payable to two executors . . . ** 101
As to days of grace allowed in Massachusetts . . ** 101
As to grace allowed on notes not negotiable . . "101
Not confined to any set form of words • . . ** 101
Form of bills to be paid in specie ' • . . ** 101
Foreign bdts ...... "103,119
Liability of accepter on forged bills . . . "103
Agreement by holder with drawer for delay . . . ** 103
Note void against maker may be good against endorser . " 104
Payee a good witness to prove alteration of . . • " 104
An order is in substanjce a bill of exchange . . " 104
Note drawn payable in one place and raed in another • " 104
As to accepter's liability for costs ... * 104
Note made without consideration . • • • " 105
Liability ofendorseribr fees of protest • • • '* 105 64
425 FR0MIB90RT MOTBS AND BILLS 07 SXCHAirOS (CONSIKmtd).
P10X18SOBT N0TX8 AKD BiLL9 OP ExoHANGB— ittland bOlf
Cashier taking check of third persons in payment Liability of person signing note as guanUan Gruaranty warranting collection of How release after assignment of; is considered Duty of assignee of note not negotiable What holder of protested foreign bill is entitled to Holder of, by blank endorsement
Alteration of note by cutting off memorandum as to payment What alteration necessary to avoid payment of . Fraudulently transferred New security given to holder for usurious note . Holder of, as trustee may sue in his own name Note payable to fictitious payee
Tender by endorser of note, on the day next after it became due ,Note given to sheriff, in lieu of bail bond ^
Point b'able to be proved against survivor of two joint makmi Endorsement of, by one of two joint payees By ttrhom action on note to be brought Duty of lank having note for collectiou Delivering of note as an escrow As to parties being allowed to invalidate . For compounding felony, how held
Necessary demand where note is not payable at particular pboo As to moral obligation being a sufficient cocsideration As to note gratuitously given being enforced in equity What maker or endorser is liable to pay Holder obtaining possession by fraud In action against accepter of bill holdet need not show demuid of
payment ..... Note endorsed in blank feloniously taken firom true owner Note may be negotiated after first day of grace . Note containing words ** I promise not to pa/' held valid Eff^t of delay if endorser of bill is once fixed by notice of
ceptance ....
Demand of cashier sufficient if payable at bank What necessary to state in actions on . Note taken by sheriff in satis&ction of co. m. *
Evidence that maker of note cannot be found . Notice of non-payment need not be in writing . . ^
As to holder of note payable to bearer as agent sning in his own
name ....
Declaration on note endorsed after it is due Bill endorsed by treasurer of United States 1. Admission of secondary evidence as to .. How distinguished from all other parol contracts Endorser of protested bill need not produce it in Action apinvt , drawer ...
F^ure of bank to give«notice to drawer •
YoLLUf
« 105
•• 109
*• 106
« 106 "106,107
" 107
«• 107
*» 107 •'107,108
« 108
« 108
• 109 «« 100 « 100 «« 110 « HO « 110 « 110
• 111 •« 111 «lll,133 *• 112 ^ 112
• 113
« lis
« 114
• 114
" 114
« 115
« 115
« 116
• 118 « 116 « 116 « 116 « 116
116
« 117
•* 117
« 117
« lis
« 118
« 118
« lit
PROMISSORY KOTBS ABtD BILLS OP RXCHANGE (cORTINUBp). ASff
PftDMikM&T NoTxs ANB BiLLs OF Excbah OB— ^Ih&iiej set up agahist ToL L ll#
Where holder of note payable in epeciftc articlee ie to receive, them ** 119
Drawi\jMiyabIe in foreign country . . . , " 120
Anignment oi; during pendency of suit < , ^ ^20
Bills addressed to wrong name . . ** 120
If there be no averment in, as to value of fiiieign money . ** 130
How partners may not bind each other by . . . '* 121
French law as to drawing bills . . . ** 121
Liability of endorser where endorsement was erased by mistake ** 123
Note given for corresponding misdemeanor, how held . ** 123
Endorser of; accepting part of the, money . , . *' 123 Where maker removes into another jurisdiction . Vol i. 137^11. 133
Promissory notes governed by the same rules as bills . Vol. i. 123
PiDtest on bill good evidence ^i non-acceptance or non-pajrment " 132, 123 Pedsions in the supreme court of the United States as to Vol i. 123 — 135
Notice to endorser of note for accommodation of maker . . Vi^. i. 124
Assignment to payee by bill . . . . ^ 125
Second day of grace failing on Saturday makjSB it the last day . ^ 135
How days of gn^^ are "uniformly regulated . • ** 239
Failure of bank to mske demand of payment . . , <* 120
Bin against shipments made to drawee . . . ** 130
Bill drawn by one partnsrin name of firm . . , ^ 131 General rule as to what amounts to due diligence in holders of Vol. i. 131 — 133
Greneral principle as to duty of holder to charge endorser . Yol. i. 133
Endorsement in blank on note authorizes filiiiig it up ^ 134
What is a foreign bill . . " 134 As to giving note for pre-existing debt, discharging original cause
of action . . . . " 134
How party to note may waive- notice * , . *' 135
Vender's Uen who sells for note in case of bankruptcy . . ** 135, 136
Notes deposited in bank for collection, how considered . " 130 As to admitting evidence of a promise to pay interest if no mention
of it is made in note . . . . *' 130 Signature to note proved by report of exports . <* lag Maker of note may be witness in suit between endorser and endorsee " 136 As to protest of bill proving itself . . '< 136 Presumption if a man puts l^s i^ame on the back of note not nego- tiable . . . . " 137 Holder of negotiable note endorsed in blank may sue thereon . ^ 137 Indictment for forging • . . . ** 450 On failure of debtor, his note may be put in suit though not yet pay- able . • . . . « 137 Bank neglecting to present bill in due time . . ** 138 Suit brought on note not negotiable in name of payee for use of
transferee . . ** 138
Maker of note may prove its execution <* 138
Payment to a person who has not at the time a possession of note " i39
When must notice of non-payment be given . . . *• i89
Ai to note payable in specific property, as sugar, being negotiable ■* 140
438 PROMISSORY II0TB8 AND BILLS OF EXCHANGE (cOhTIlfUBD).
PxoMissoBT Notes an d^ Bills of Ezobarge — Liability of surety on note VoL L 148
. , . What drawer must prove to msintain action a^nst accepter . ** 140
Creditdr giving receipt for note ... . . " 141
Where demand to be made if maker cannot he found . . " 141 In description of note in pleading an error in the fractional part is
faUl . . -141
As to endorser making payee a party . . . ** 141
Endorsement in blank makes the note payable to bearer . *' 142 As to bank contesting right of person, lodging note with them for
collection . . . . . *• 142
Endorser must allow any equitable defence to maker . ** 143
Note made in another state, by what iaws governed . ** 143 As. to accepter's right to go into consideration between drawer and
drawee . . . " 143 Possession of note prim& facie evidence of title to it . • ** 143 When note received for precedent debt operates a novation . ** 144 As to admitting parol evidence of payment of note without produc- ing . "144 As to attorney in fact striking ou^ endorsement . ^ 144 As to wife being bound by note executed jointly with husband * 144 Endorser of note pleading the general issue . . . * 144 Endorser of accommodation note, how considered . ** 145 ~ Action by endorsee against accepter . . . . * 349
EiSect of an assignment of; by foreign executor in a foreign country ** 393
Drawing, endorsing or accepting bill in fictitious name . . " 396
Maker uttering it as the note of another, of what guilty . , *^ 397 liability of infant on a bill drawn before and accepted after he was
ofaga ..... . « 463
Injunction to restrain the endorsement or negotiation of VoL i. 464— ii. 338
Jurisdiction of circuit court as to . • . . VoL iL 49
Mortgage of joint property to indemnify drawers of ** ll4 ^ilL accepted on the faith of a promise that mortgage shall be given
s security . • .• , ■** 173
Agreement by partners that neither shall draw or accept bills ** 319
Bill addressed to firm but accepted by one partner in bJs own name " 3«S9
Bill drawn upon firm by one partner for partnership account " 359 Bill drawn by one partner for separate debt. . . ' *^ 389 Note given by one partner as security for moiety of debt due £rom
partnership . . . . . ** 361
Note given for balance of account . ''liLlSS Notes offered at bank for discount by partner entrusted with busi- ness of partnership . . " iL300 When endorsement of bill by one partner though not in name of
firm, wU bind it . -^ . . "360 Joint and several note will not Innd sevendly such persons as do not
sign it . . . <*360,361
Bill accepted by bankrupt-partner after bankruptcy ** 365 Assent of firm to note or bill in name of firm for separate debt of
one partner . . * SSI
FROMieSORT NOTES AND BILLS OF EXCHANGE (COMTINUEO). 429
PiOMifBoKY Notes and Bills of Exohansx — Protest of domestic bill Vol. i. 134
Bill accepted by new firm in respect to cohtract made hj old firm ^ ** 38^ Bill endorsed from one house to another where the two have com«
mon partner ....." 421 Bill firaudulently made or accepted by one partner in name of the
others . . . . . . " 422
Effect of giving note for an antecedent debt . . ** 465
When note given on account of prior debt is and is not payment , " 465
Bills drawn by master on owner as security fur money advanced ^ 610
Seamen preferring bill on owner to money . • ^ 647
Addition of the word ^ surety" to name of one of several signers **' iu. 131 Note given for an entire consideration, part of which is legal and
part illegal . . . «< 131 Demand of one of several joint and several promisen sufficient to
charge endorser . . • " 132
Note given by husband to wife .' . . . *t 132
Note payable in specific articles . . , ^ 133
l¥hat a good consideration . . . • ** 134
Effectof acceptance of bill after dishonoi . . . *^ 135 Post office mark not conclusive ....*' 135
Rule as to alteration of . . . . ** • 142 Acceptance of bill by receipt of bill of lading . Vol. liL 160—164 To whom notice to be sent in case endorser dies befofe mattrity
of note ...... Vol.iii.297
Waiver of demand on maker how established . . ** 298
yfhen parol evidence is admissible Xp prove waiver of demand . " 29S
Demand on maker to charge endorser . . . ** 298
Sale of note at greater discount than legal interest . . ** 298
Authority of one partner to endorse, after dissolution . " 299
Where drawee has no effects of drawer . . ** 302 Promise by letter to accept bills ..." 326
Not necessary to set out middle name in declaration on . . ** L 292
As to the necessity to set-out words ** value received" in declaration ** 293 Parol agreement between endorser and endonee to give time to
maker « 378
Pftrol evidence to prove time of adding memorandum to note . *^ 379
When non-joinder of secret partner no bar to recovery by endorser ** iii 16
Note described to have been made by four, and two only are sued ** 17
Assignment endorsed on note . . *^ 60
As to notes being exempt from attachment . . ** 75
When mdebUalMt attumptit lies* by assignee against assignor of " 67
Collection of note confided to agent . . ** 106 Note given as a fee to solicitor in equity ..." 106
Indictment for feloniously uttering forged promissory note Vol. iii. 159, 168
Note endorsed for the benefit of, and mortgage given by maker Vol. iii 218
When promissory note of debtor considered as pajrment • ** 231
▲OCEFTAHGB.
Ofbillofexchange, what is . .... VoL i. 71*
430 PROMIfiSORY NOTES AITD BILLS OP ZXCBASGB (OOHTZKUBD).
|
A-^CKFTAHOK opBilu ofExchahok— By parol autliority |
Vol i. 90 |
|
May be either verbal or written |
« 71 |
|
What wiU amount to . |
VoLl72,73,124-4u.325 |
|
Bill at sight, when to be presented for |
. Vol. L 73 |
|
Of bill, by attorney without authority |
19 |
|
Duty of agent to procure |
"30,50 |
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Agent to protest for non |
30 |
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By factor upon laith of consignmeAts |
49 |
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Supra protest . . |
Vol. i. 68, 76, 130 |
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Delivery of bill for |
. . Vol. L 69 |
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Promise to accept foreign bill |
" 73, 124 |
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Ofbill,byoneoftwojointtnden . . . |
73 |
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Collateral or parol |
« 73 |
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Force of agreement to accept |
Vol, i. 74r-uL 396 |
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Where accepter dies before payment |
Vol i. 74 |
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Without delivery .... Discharge of accepter .... |
« 74 |
|
74 |
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Conditional .... |
« 74 |
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Yarying terms of bill .... |
75 |
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French law on presentment for |
75 |
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What will excuse delay in presentment for ' |
« 75 |
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Time allowed for, after presentneat |
. « 75 |
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Rules of accommo&tion paper . |
•* 76^349 |
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When drawee cannot be found |
. ** 76 |
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When drawee is dead . ^ . |
•« 76 |
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Accepter supra proti8»t |
. « 77 |
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Mode of, in New York .... |
« 77 |
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If drawee destroy the bill |
77 |
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Alteration of bill by diawae |
77 |
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On paper other than the*biU |
" 77 |
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For part only .... |
.' « 78 |
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After time of payment |
« ' 78 |
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OfbillMluied ^ . |
VoLi.78, 91,92^139, 130 |
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By agent . , • |
. VoLi.78,80 |
|
Agreement by drawee to accept bills of correspondent |
« 79 |
|
Drawee not bound to accept |
" 79 |
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Accepter bound on forged bill |
VoLL 79,102,103 |
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Neglect of agent to present bill for |
. VoLL80,87 |
|
By whom, demanded before protest |
89 |
|
What a reasonable notice |
" 93 |
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Protest for non, where aad by whom mado |
« 89,91 |
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Of bill drawn at so many days after sight |
•« 103 |
|
Drawer entitled to notice of non |
" 103 |
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Notice of non, effect of opon esdoiMf |
. «« 118 |
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By one of several drawees |
« 122 |
|
Averment in declaration foi noo |
. « 123 |
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When promise considered as an . |
•134 |
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Bill after date when presented for |
« 129 |
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PNsentment f<», in absence of diawao |
« 129 |
P10PKISTAT£ PROBANDA — VJLQ RATA — ^PROSECUTION. ^
Aocni»XJics ofBills 0FEzcHANOK->>0f bill by letter . Vol. L 133 '
By one partner in name of finn . . . . ** 131
Drawee^s right to r^fose . . . . '* 132
Liability of accepter . . , . . VoM. 81,88, 1,35
Accepter bound to know hand-writings of drawer . VoL 1. 136
Conditions of . . . . '* 145
Of bill on promise of mortgage as secnrity • . . ** ii. 173
Accepted bill by one partner to another . . . •* 331
Acknowled^ent of right by . . . . " 331
One of several is bound by, of the others . • . ** 3Sf By one of a firm binds all . . . . Vol. ii. 358, 359
By bankrupt partner .... VoL ii. 365, 378, 379, 380
Joint ....... Vol. ii. 384
After dissolution in name of firm . . . ** 398
Demand on accepter necessary to chaige the endorser . . ** i. 88
Bights of the accepter . . . . *' 89
Beeovery against accepter on lost bill . . . ** 99, 103
Accepter's liability to endorser . . - . • " 104
Bin payable to a fictitious person . . . . '* 109
When action \^U Ue against accepter VoL L 114, 117, 124, 127, l33, 349
Waiver of notice . ^ . . • VoL i. 128
Relation of accepter to holder .... V""t85
Proofnecessary to bind accepter . . . "140
E^ct o( after dishonor . . . . ** liL 135
A check requires no . . ^290 Peotxst AUXi Notice (See Page 432).
PROPRIETATE PROBANDA.
Pbopbibtatk Pbobanpa — ^What is the role as to the writ of • VoL i. 548
PRO RATA, ^o Rata— Freight ..... Vol. L 551, 555, 582 A decree against devisees holding by several and distmet devises -
ought not to be joined but iMvntfa . . VoL i. 293
Tenant claiming abatement of rent . . ** ii. 53A
PROSECUTION. PsoSBCVTioif — ^As to the illegality of suppressing • . VoL L 112 An agreement to conceal or stifle, of .elony is illegal and void * 254 As to the competency lof co-defendant in a criminal . . ** 351 General rule as to the competency of party injured to giv« testi- mony in criminal . . . . " 354 Rule ofadmitting evidence in criminal . . ** ■ SOSf A judgment of acquittal in, against several defendants is no bar to
prosecution against each severally . . " U. 21
At what time statute begins to run in case of; of sherifTs bail ^ 122
As to malicious ..... 't*135,186
For what thd action of malicious will lie . ** 135
By whom malice or want of probable cauee to be determined <* 135
432 PROTEST AND NOTICE t- PUIS TAREIN CONTtNUAKCB
PlOsKCUTion— Special action on the case for false and malicious . Vol. ««i. 314
General rule in regard to evidence in malicious . . ** ii. 130
What prosecutor must prove to support indictment for perjury " 486
As to the liability of master to a criminal, for cruelty to mariner " ei9 When an affidavit to hold defendant to bail in a criminal, will be
sufficient . . . " iii. 278 , What necessary to sustain a criminal, for obtaining the signature of
one to mortgage by false pretences . *' 333 A man jointly indicted with others and who has pleaded not guilty
cannot be a witness for, while his plea stands . ** 363 How probable cause to be determined in an action for mali- cious . * 431 To whom the question of probable cause to be submitted in action
for malice ... . . ** 4tL
PROTEST AND NOTICE.
FftOTSST AWD Notice — By whom protest to be made . Tol. L^ 01
What is reasonable notice . . * 92
Legal form of notice . . . . ^ 02
Inquiry after maker's residence . . . ** 03
Reasonable diligence in giving notice , . . . ** 03
As to endorser on accommodation note being entitled to notice " 03
What will and will not excuse want of notice . . . * 04
Mistake in date of note will not vitiate notice . • ** 0$
Notice by post . . ** 05
Notice must confoim to usage of banks . . " 06
Notice proved by clerk's book . . . . ** 97
When endorser is not entitled to notice . ** 07
PUIS DARE IN CONTINUANCE.
Pvn Dareir CoNTTNUA^cB— Whattheefiectofapleaof . Vol. ii. 474, 475
As to filing plea of, without filing affidavit . . ** 475. 476
Rule as to when, must be pleaded . " 476
PURCHASE.
X^jmcBASE — As to whether an alien can take lands by . . YoL L 15
When the title acquired by an alien by, is divested . " 15 A contract for the purchase of land is not liable to be sold under
execution - ** 389
As to waiving vender's lien by taking security for purchase money ** ii. 183
QUALIFICATION. QvALiFiOATioE — As to, of rulo relative to the responsibility of common
carrier . VoLi.164
When parol evidence is admissible to qualify warranty . ^ 211 When court of chancery will act under, upon real estate in a foreign
. country . • • 239
As.to, in some of the states relative to sealing • * 295
As to words o( in a deed • • * 307
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1. ^MKV VoLL32l |
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tt |
385 |
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41 |
507 |
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U • |
509 |
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u |
565 |
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*c |
ii. 104 |
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u |
136 |
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tt • |
155 |
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« |
245 |
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u |
348 |
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tc |
392 |
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a |
467 |
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u |
534 |
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It |
551 |
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ft |
564 |
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« |
587 |
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« |
505 |
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u |
596 |
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u |
638 |
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tt |
iii. 71 |
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It |
116 |
QUARANTINE — QOARE CLAU8UM FBEOIT — QUASHUIO. 4S3
Q9ALIPIOATION — Ab to, of disposition of «stat€ 'When part only of the executors qualify As to, of rule relative to seaworthiness of vessel As to, in a policy of instirance As to, relative to a general average As to, in restraint of privilege . ' .
Necessary, of rale as to probable cause for malicious prosecutioil To the doctrifie of matrimonial domicil To the general doctrine of surprise with mistake linponant, of the rule relative tp relief fdr mistake American doctrine with the, of the Roman law Doctrine laid in the dvil law with
When destruction by fixe was not within the, fh the covenaiit As to a claim with, annexed to it . .
When plaintiff with some, may elect be^een trespass and cause As to, which vessels must possess to be enrolled Rule as to the necessary, of the captain . .v
Difference in necessary, of captain and master Necessary to enter into the mariner's contract As to, recognized by the judicial tribunals When an agent may^ by his own declarations . As to cases where a simple judgment without, will not do justice
to cither party . . • " 362
QUARANTINE.
QvAXAHTiRE — As to cvideuce of proclaniatio ~ for the peribrmance of VoL i. 372
As to expenses occasioned by extraordinary . . ^ ' 569
What are all expenses of ship during . . . . ** 580
QUA RE CLAUSUM FREGIT. QvABs Claus^v Frsgit — As to evidence under plea of not §^^f in
an action of trespass , . . . . Vol. i. 362
Rule as to the jurisdiction of the circuit court in cases of trespass " ii. 49
QUASHING. QoASBiHO — When a tupenedeas to an order, an execution need not be
revived ..... Vol. 1.313,883
When defendant may move to, execution . . . Vol. i. 313
As to ground for, indictment " . . , . " 458
When may indictment be . . • '* 459, 460
As *to, indictment for want of a noctanter '. , , " 460
Arrest of judgment the same as, an indictment . . " ii. 23
As to, appeal by supreme court . . . . " 275
As to, in courts of the United States for defect or want of form " iii. ^ 25
As to, an attachment . . . . " 86, 88
When the court will, a writ on motion • • . " 89
When an attachment will be . • • • "02
When remrefaciaa will be . . , » • " 138
When an execution may b** . • • " 227 5.)
484 QVA«-"qustTioir — quia timet — quitam— ^uo warranto.
QUASI
QvASi — As to, contiacU and, injuries . YoLii. 283
Rule in actions ez, comtraetu , . " 429
As to a, general issue . ** d47
When deposit may be Detained, quodamjun ptgnorU ** d74
As to acting, representative of deceased . * ** iiL 345
QUESTION.
QvxsTiOH— As to the proper, for trying the competency of a witness YoL i. 346
What are leading , . **' 365
As to latitude allowed in putting, to try the credibility of witnesses *^ 365 As to evidence on a, of diligence ....** 378
As to, in respect to capaci^ of testator . ** 384
When the, of interest may be raised against evidence ^ 380
On what does the, of fraud depend • " 410
As to, whether vessel was within the jurisdiction of the court ** iL 0
When the same, may not be again litigated "11
When plea should go to the right of action and not to the, of damages ** 480 As to whether an officer of the U. S. is liable to be assessed for
taxes under state laws '^. . ** liL 477
QUIA TIMET. QtrxA TiMST— When equity will give relief YoL iL 15
QUITAM. QviTAM— As to a judgment recovered 'u a, action in another state Rule for granting new trial in a, action As to death of one of the plaintifik in a, action . As to abatement in action of debt whether, or otherwise As to non-joinder in actions of debt
QUOD RECUPERIT. QvoD Rkoupkut— When judgment is final
QUORUM. •QvoxvM^-As to provisions relative to, of a corporation
QUO WARRANTO.
Qvo WAnnAiiTO— Whatisa . Yol..]i.514
Rules for pleading in an information . . , *^ 516
Rule as to judgment on an information • . . '* 917 When the government of corporations may be resumed und^ a
judgment upon a Vol. i. 281
As to information in the nature of a . 1 ** 282
RANSOM. RARSOM^Astoacontractforthe^ofavessel . YoL i. 254
Eflbct of a, after capture as to insurance « 522
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. VoLiL |
15 |
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« |
276 |
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" iii. |
13 |
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« |
.4 |
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. « |
16 |
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. YoLii |
475 |
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. YoLii |
408 |
RAPE — ^RATIFICATION — RATS— RAVISHMKIIT— RKAL B8TATX. 435
Ra vtov^Role of contribution in cases of . . Vol L OTa
Jnrifldictionofadmiralty as to, bill upon capture . . ** 58
Ae to the payment of, money , . . " 644
Wben, becomes a general avenge . , . « ^75
RAPE.
IUp«-«Wbati8a,definedtobe . . . i . Vol. ii. 518
Physical incapacity to commit a . . . "518
Who cannot be guilty of the crime . . . " 518
General rule as to the evidence upon an Indictment for . ** . 518
As to dying declarations in evidence on an indictment for ^ i. 359
As to the statements of prosecutrix on indictments for " 360
As to depositions on an indictment for . *< 366
Rule as to the admissibility of character in evidence in actions for ** 375
As to justification for killing a man who attempts to commit a " 445
Necessary words in indictments for . *< 456
Liability of a consul general to indictment for . . . *< ill. 39 indictment for ...... 232
ratification:
Ratifxcatior-p— As to, of acts of agent by principal .
Yol.i.a0,34
Wheninferenceof, may bedrawnby ajury . . "55
When a, of agent's acts not binding on principal . . ** 56 As to what would be a .....*< 58
Asto parol, of a deed . . *< 297
What will ratify the delivery of a deed . . "301
When a subsequent, would not legalize marriage . , ^ it 144
As to, of a contract by a new firm . , *^ 383
As to, of contract by infant partner . . , « 438
Piaynent is vaUd when ratified by creditor » ''462
When co-hei» would be bound to ratify pa3rment . <> 464
When, of the proceedings of an attorney will not bind the client ** iii. 107
As to what will amount to a, of agency " 117 ^
When note of infant is incapable of • , "196
RATS. Rat^— As to damage done to ship by ... » Vol. i. 524
RAVISHMENT. Ratisbment — As to justification of a woman in killing one who at- tempts to, her . . When the party, is a competent witness When the character of the party, may be given in evidence
REAL ESTATE.
Rial Estate — As to the conveyance of, bya/<mme covert As to lien of judgment upon
Effect of covenants of warranty contained in the lease of When the word legacy may be applied to .
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Vol. i. 445 |
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|
u |
ii. 518 |
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M . |
519 |
|
Vol |
.1.452 |
|
tt |
il 23 |
|
a |
71 |
|
« |
77 |
436
AECKIFT — RECEIPTER — KECEIVeK.
Bbal £«tatc— When a testator directs his, to be sold
Distinction between conditions annexed to a beqaest and like con- ditions to a devise of, or to a charge on
Rule for vesting legacies payable on . , Effect of a lapsed legacy payable out of a mixed fund of personal and ....
As to making pecuniary legacies a charge upon
Priority of the United States relative to
As to a license to sell infantas
As to a devise of, to avoid the statute .
Personal estate should be exhausted before resorting to
Kule in equity as to the lien of vender on
Rights of mortgagee as lo, when it is turned into money
As to the sale of, under a mortgage .
As to partition of, in courts of law
Where partners purchase, for partnership purposes
As to, acquired with partnership funds
Transfer of, by partner
As to powers over ....
Conveyance of, by husband to trustee
As to who are competent to devise
When a married woman may will
As to formalities required in the execution of a will of
Witnesses required to a will devising .
As to the revocation of a will of .
When, is not subject to attachment
As to attachment of . .
"Where a guardian invests the property of hk waid in
As to a note secured by a mortgage of
A devise of, by will to trustees
RECEIPT.
KsoiiPT— Oenenl rule as to the effsct of a When an agent's, is the, of the principal As to the reason why, are open to parol investigation As to remedy of mistakes in . Efllbct of a, given in the name of the firm Effect of a, given by a creditor at the foot of an account A, in full is strong evidence but not conclusive As to an ancient, for the price of lands
RECEIPTER.
R&OKiPTER— As to the rights and liability of. of goods
Replevin will not lie against, c»f goods taken by execution
RECEIVER.
RiCKivBa— Appointment of, to take rh rge of issigned property As to money paid by partner to the general What necessary to entitle a partner to claim the benefit of a
VoLiL to
« 81
« 87
« 98
. « 110
123
• 127 " 166
• 180 « 188 « 203 « 294
Vol ii. 305— iii. 440
Vol. iL 319
. • 355
** 498
« 511
« 716
. •* 717
" 718
« 719
« 723
''HI. 76
« 78,87
«176»177
218
y<a.iii 950(502, 505
. Vol. ii 521
" L 2»
378
** 396
" iiH31
465
Vol. ui. 233—235
VoLitt.42S
Vol. ill. 7» •* ii.5l4
Vol 11.113,114
. Vol. ii. 400
407
RECEIYINQ JBTOLEN GOODS
-RE8CINDING RECOOiriZANCS.
487
RBOEivxR^When, will be appointed . •
Where a partnership is dissolved and a, appoinlad As to a receipt of the, ^enexal
RECEIVING STOLEN GOODS. EsciiTXjfO Stolxh Goods — As to two charged jointly with .
RESCINDING. Rxsc I N 01 R o — When a contract may be, by a court of equity . As to, a mortgage ....
As to groiMids for, agreements As to notice of intention to, contract .
As to plaintiff, his own act .
RECOGNIZANCE
Rb<o«iiizanc£ — What is
What sufficient to discharge ft .
Wherein do^ a bond differ from a .
As to pleas of, acknowledged in chancery .
As to an action on a . . .
As to joint and several . . • ^,
What necessary to, of a foreign judgment . H
When statute of limitation does not extend to, taken .
Rule of, as to discretion of inferior courts
As to, of market overt in the United States
No Christian would, polygamy or incestuous maniages .
As to the, of the doctrine 'that a factor cannot pMge the goods el
his principal Rule as to compromise, in the United States Plea of fttl debet to an action of debt on a, of bail As to double pleading in an action on a, of bail Difference in avowries .and . . .
As to judgment upon a tetrefaeUuin a, of bail in a ttati case As to joint action on several, as special Averment in a tetrefaeitu on a .
As to variance in a scire faeias in recking the . •
Doctrine as to hypothecation by master, in the United Statat As to, of bail given to diasolre an attachment . As to plea of special bail sued on their When the court will respite the. As to discharge of bail firom their Proceedingn by sdrr/aciof on < . VoL
RE^CONVETANOJb.
IU-€OHVETANcx— What the general doc^ne a« to . As to decree o^ by court of equity In a bill praying for a, of premises, &c. Who can mainta&n a biU in equity to obtain a, cftuuBT
yoLii.406 u 421
** iii.435
Vol. L 458
Vol ii. 234
** 237
" 246
384
« 429
Vol ii. 922
« 522
« i. 151
** 186
« 355
u 382
« ii. 10
*« 118
« 138
« 141
« 149
«» 227
« 246
« 478
*^ 47©
«' 546
« 559
*? 561
" 508
«' 562
« 603 « iu. 86
. « 276
« 284
«* 285
Vol ii 214, 919
Vdl.i.306
. « ii. 44
• 216
RBOORD.
RECORI). KxcoRD'- Appointment of an attorney upon
Where the assignor of a judgment enters up satisfaction on the As to recognizance enteied into before some court of When the parol testimony ought to appear in the As to, evidence of a judgment As to binding a corporation by What constitutes a court of . . ' .
As to customs in the, of the several courts . When court wiU juppose everything right unless the contrary ap- pears on the . . . Presumption of law as to afanrnt covert unless befbre a court of As to the usage of recording deeds in, of the town What must be made to appear by the, itself When, should state &cts which show jurisdiction . Vol.
When defendant should plead ml tid
VoLL 19
•• 106
* 151 « 105 « 106
• 277 « 28S
« 290 " 266 «« 302 « 306 1.309— ii. 46
Vol. L 315-ii. 11, 478, 561
As to the presumption of a, of assignment in a probate court . Vol. L 331
As to evidence in an action for mesne profits against defendant on *^ 340
When the, is evidence to show possession . * 340
As to admissions by a party on . ** 340
As to admission of a party to a suit on, to give testimony . ** 350, 351
Presumption as to a palibt or grant of land from the state which is
matter of ..... As to evidence which is of .
As to a copy of a, judgment as evidence Of what two kinds axe copies o( in courts of justice « How are copies of, proved .
As to the, of the land officer . • , •
Surrender of bail must be of As to an attorney of, to dischaige
As to entry on the, when plaintiff *s demand is satisfied • As to & chaige on, which one is bound to answer ^ . How must acts done by an infant in a court of, be tried . What credit is given to, of sister states As to the attestatipn of the keeper of the Proofby certified copy of the .... As to a debt oS^ not examinable upon its merits What must appear from the, to avail as evidence When court of equity will not go behind the When, cannot be amended Where the matter in dispute does not appear on the Rule where there is a change of parties on the, after suit biDoght Effect of an order to, a will ....
As to a numdamu9 to compel the judge to have the, made up ¥^t the, of lien of mortgage should show As to a deed which is placed on a public . •
As to renewal of, of mdrtgage As to mistakes in judgments and other matters jof Whatthe,of Uiocourt must show relative to applicants for naturalization -' 961
•• 857 ** 359,366 369 .« 370 ** 370 ••373,374 « 380
441
462
ii. 13
13,14
14,44
• 16
18
24
27
42
48
US
139
179
195
238
RKCOtDINO— BXOpTIBT — BSDEMPTION.
BiooBD— As to pleading matter of • ' .
Role ibr pleading mi/ tie!
Becognizance is a matter of . . .
£flbct of tenant for life disclaiming on
As to repleader where the court can give judgment on the whole Amendment of KinfaeioM after md iid^ pleaded How, and judicial proceedings of courts shall he proved . When the court will not allow the, to he controverted When an attorney may acknowledge satis&ction on the . What will be considered as • . .
As to amendment when a defect in the, is occasioned by an omission When the court may at its discretion cause the, to be amended Presumption when the court orders the, to be amended When the, of the court will not be amended As to statutes of amendments which relate only to proceedings of When the, is amended there must be some other portion of the, to
amend by . . , .
Duty of the attorney that the, may be properly made up As to the, of conviction in order to pass sentence . When a judgment for want of appearance becomes final and is enter- ed on the . . What the, of a mortgage ought to show As to matter of, on which a scire facia» is fountded
RECORDING. RvooBDiHO— What is required to make a deed valid .
Against whom only will a deed be good if not recorded
As to preference given by ....
Whenaveidict after being, maybe set aside .
Where part of the purchase money remains unpaid at the time of^
the mortgage . . .
As to a mortgage, in one county for land in another . Effect of the act of assembly declaring mortgages void viflest As to the, of a mortgage of an equitable title to land • As to, a deed absolute on its fitce which is intended as a mortgagt When the, of a mortgage is omitted to be done in due season ' Efibct of, conveyances ..... When a power must be . As to, and attestation of notary's certificate What the spirit of our, system requires
RECOVERY. RsooYSBT — Rule of; in actions for mesne profits
When a, which is a conveyance of record may be presunsd • May a iformer, be proved by* parol . ...
When a, in trover opentes as a sale Rule as to the remedy for the, of legacies
REDEMPTION BsDBJiFTioii— Doctrine as to mortgager's equity ci
Who may redeem •
▼ol.ii.479 *« 4,19
« ML
*^ MS
"liL a?
« 104
« 106
« 135
« 235
» 835
•( 235
« 260
<* 269 « 267 *" 285
« 416
** 433 <> 455
VoL i. 302 « 303 « 303 •« ti. 26
« 100
« 190
« 190
« 191
" 191
« 101
" 194
« 196 «iai33
VoL L 341
*• 357
« 370
" iL 10
97
VoL IL 200 ■ 210
440
ftE]>lUBIT0RT-^R£I>ftJB8t»^ftB^SXA;ttUUTiON
Ekbsmvtior^As to, when mortgage is infected with usufy Vol ii. 189^ 311
Rule as to light of widow to dower in equity of VoL i. saO^—ii. 21S
Rule as to conditions, upon which a party will be allowed to . YoL iL 213 May an equity oi; be sold under an execution at law . Vol. i. (y6^ii. 214
Rights ofbiol^erofjunior equity of . \ . Vol. ii. 24 When an agreement to purchase will not intaifeze with the
right of . . . . ••174 Effect of tacking on the right of . . . . <« 179 Equity o^ where mortgagee has two mortgages on two separate es- tates .. . ' . . ' •* IW Where the owner of eji eqoity of, pays off a mortgage and takea an
assignment of it . '* 189 When proceedlnga will not be suspended on account of the equity
of . ' . . «' 195 As to what will bar the equity of . . . *' 127 Rights of defendcnts whose claims aie upon the equity of . *' 192 As to forccloBUM of the equity of . . . . " 201 Effectofastatuteof foreclosure as to the equity of , . *** 202 When purchaser of \h& equity of, may stay the sale . ** 204 As tc protection against the owner of the equity of . . m qq^ Changes to which th<» title to the equity of, is subject . . ** 20S As to right of, of pledgor . . <*21d»232 Estateofatenantibr life in t^e equity of . . . ** 237 Rule in equity as to the tine within which defendant may be al- lowed to, upon a bill of foreclosure . *' 238 Rule as to what fund shall be subjected to, a mortgage • . ** 238 WhattimewiU be' allowed upon a bill to . . " 239 Within what time may a bill to, be brought . • ^ 239 When no length of time is a bar to a . ''240,241 As to plea that plaintiff had become possessed of the equity of *^ 470 When the right of, of good^ rests in the owner of the ship . " 873 As to attachment upon equity of . . . . ". iiL 77 As to mortgager's ri|;l^t of . ** 89
REDHIBITORY, Rbdhibitokt — When a new trial should not be granted to ena)>le tl^e
party to prove tender in a, action • • . Vol. iiL 294
REDRESS. BbdbssS'^A* to cases which are without
Result of proceedings instituted for thoi of an injuiy As to jurisdiction to grant equitable, in cases <ti pacUtioa
VoLL398,399
VoLii 9
*^ 994
As to relief in equity between psxtners where no, could* be hul at V law • . ^
As tc, of one part owner against another for loss of shjp As to^ of paity aggrieved by the opeiajtion of mn attachmsiit
r;e-examinati,ok.
Xs-ExAMxvA.Tioii— Rule of the French lawas to« of foreijgn Jijjffaimfei,.
•! 336
<* 992 f.m. 89
yoi.iL u
R£VERB£S — ft EFUS AL— -illwGlJfTRT .
441
BsrExAMiiiATTOM — As to the, of any &ct tried by a jury
\¥hat causes may be, and reversed ox affirmed by the supreme
eourtof the United States . . • .
When the supreme court will not look behind the judgment and,
the charge ...
What cases may be, in a circuit court
Rbfxesxs — May the court inciuixe into the merits of the controversy on report of the .
REFUSAL.
RxFUSAL— As to, of a priest of the Romish church to answer questions As to a, to open an outer door when demanded by a peace officer When' bail after demand of admittance and, may break open the door
of the principal's house As to, of court to set aside a nop^-suit Writ of error to court below for,' to rule the party to grant oyer of
letters testamentary ...
Remedy where an inferior court of a state, to allow a removal to
the circuit court ....
As to mamdcBemu to the judge of probate for, to grant an appeal Mandamm to subordinate public agents for, to act As to, to grant a new trial .... Suit for the restitution of a pawn aAer demand and . As to taking and, to deliver by one of two joint tenants . Revocation of implied authority of partner by As to neglect or, to perform the duties enjoined When owner may bring trover for propfsrty after demand and When sheriff may force doors after demand and When in an action of trover it is not necessary to prove demand and
REGISTRY. Rbo^stst— Effect of the, of mortgage . .
What necessary to constitute a bomhftd^ purchaser within the
ingofthe ....'.
As to the statute requiring the, of mortgages . When the intent of the, is answered As to priority of ..... When purchaser cannot avail himself of the want of Effect of a docketed judgment upon an unregistered nunrtgage Effect of the, of a deed in the U. States The, of a mortgage deed how considered in law As to the doctrine of constructive notice by As to what is competent as a, of the sales Oif what is the register of « ship evidence How are the, acts held
Can a creditor take advantage of t1»e non^reg^sterof a. oonveyanse As to tittestn countries where the, of conveyances are lequiied Bight of second mortgagee whose deed is f56
ToLii, an
44 54
Vol iii.
Vol. i. 354
" 440
«* 441
« iL 40
•• 41
« S3
« 138
« 138
" 130
« 231
<* 345
« 351
*• 517
<" 544
" 583 « iii. 487
VoL ii. 190
^ 100
« 191
tt 192 '^92,193
" 193
« 104
•« 194
« 195
« 105
« i. 373
« 373
« u. 177
« 403
« 404
« 313
442 BS-HEAAING — REI JUDICATA — RCIMBUB6KMBMT — ^BJELATIOlf.
BsaiSTUT— Ab to, of a power ..... YoLii. 190 As to transfer o^ slup ..... ^^fiSS^flSi
As to ships entitled to . YoL ii. S85, 566, 967, S88, 589
RE-HEARING. Rx-HiAaiNo — When a party is not entitled to a . . . YoL liLSM
Whexe a, is sought on the ground of newly discovemd evidence ** 33S
REI JUDICATA. Bbi Judxcatx — When the excq/tio^ is final and concluaiTe . • Yol. L SiS
When defendant may show that judgment was inegukr and bad liy
the local law . . . ^ S19
REIMBURSEMENT. Rbimbusszhskt^— When agent has a claim for, fiom his principal .* YoLiii 110
RELATION.
Rsy.ATioN^To what time back does a sheriff's deed ^ YoL L 298
Asto, of lien oi judgment . • • • • ** ii. 2S
Rule for construing a power to appoint to . • . * 090
Rule as to, of part owners of a ship . . <* IS90
As to, of guardian and ward • • • YoL ill 388^ 301, 899
RELEASE.
Rkliass — As to, by agent properly authorized to make . YoL L SO
When an agent may be a witness without . "58
As to, of accepter . . • • • * 74
As to, of bond by parol agreement . . . ** 140
Does a, of one obligor of a joint and several bond dischaigethe othen * 1 50
Ofdowerbythewife . . . . •211,451
Agreementto, the residue of a judgment '. • . ** 215
When the court of chancery will compel a . . . " 230
When court of equity will give relief by . . . « 300
Can a/<mfii€ covtft bar her right of dower by . . * 3^2
When interest of a witness cannot be extinguished by , ** '355
As to, of witness from interest . . . YoL i. 355— iii 105, 107 Right of executor to ..... YoL L 385 As to, of ship .....* '550
When the husband may, a vrife's interest • • . • iLl74
As to, of things pawned • . • "230
As to, of an obligor of a bond by mistake of the law . • ** 242
What a good reason for setting a, aside • . "244
As to relief in cases of, by a mistake . . • *> 940
As to indentures of lease and . . • • * 320
When a, may be plesded in bar . « . *< 344
Eifect of a, of a demand by one partner . . . * 300
As to what will operate as a, of other partners . " 371
Efibct of a, of a joint debt by one partner • YoL iL 420— iiL 823; 230
When defendant niay plead • • . YoL iL 480
fttUCTA-— RSUBF—IUELIlfWMHIfEirT— BIK. 44S
EiLBAls^Wken a power cannot be .... VoLiLM2
Efleet of a mortgagee's, of hii light in the mortgaged piemiiea * iii. 80
As to pleading conveyance by leaae and . ** 142
As to a, not under eeal ..... **831y3KI
'Of CO -partners by creditors « • . •« • ** 32T
As to mutual, of demands * 935
RELICTA.
Rblicta^As to a, aac cognovir Vol.ii.47d
RELIEF.
. BsLxzF-^'When endorsee of a lost bill may rssort to a court of equity for Vol. L 100
As tO| in chaneeiy against mistakes in drawing deeds . ** 187 As to, where a debtor has abandoned the countiy and left effects in
the hands of others . . • . * 189 When complainants have a right to, by a decree • • • ** 996 As to, in equity where land is listed to a wrong person * 900 When court ofequity will give, for deficiency in land . . ** 319 When court of equity may give, on a bill ^mmi Umd against a judg- ment of a sister state . • ^ jL 16 Rule as to the power of a court of equity to giant, against a jnd^
mentatlaw . ^ 93
As to, against a gaming debt ** 94
When, vtill be granted on the ground of concealment . ' " 94
Asto.againstajudgmentatlawonthegroundofdefectipvender'stitle ** 94
As to, by mandamuf ... . ** 140
As to what equity unifonnly regards as a just gronnd of ** 943«
Gases of^ upon the ground of a mistake in law . . * 946
What will entitle a party to, against a contract * 9d0 Rule as to, against written instmmenU VoL ii. 250, 951, U52, 253, 254 What necessary to entitle a party to, against a written instrument Vol. ii. 255
As to, for mistakes .... ** 255
What execution of a power will entitle a> party to, in equity ** 501
Rule in equity as to granting, against a power . • . ** 503
Rule as to who may claim . • • , ^ 504
As to, in cases of lost bonds, notes, fcc . . . * iiL 129
When equity will not grant ''145,146
As to limitation of bill for ... . . • ** 214
As to, iqion a bill of review after a final decree ** 235
When a party is not entitled to • . '' 237
When, wiU be afforded in equity against the payment of notes f 445
RELINQUISHMENT.
Sblihquishmsnt^— As to, of lien by consent • • . Vol. iL 114
When the plaintiflTcannot by, oust the court of its jurisdictioii .. " 51
Power of attorney to sell, Sec., did not authorise the, of land * 519
REM
Bin— As to jurisdiction of admiralty eeurJitt. . YoLi. ISft
REM AIin»KB8 — BUAflCDBR-il AN^ BKMCm ALr-4IIMBDT.
RB»-Whal effect is giTen to a foreign judgment in * VoL ii. 9, 10, 11, 681
Ab to property or iti pxoceeds in proeeedingB in Voi IL 9S
At to granting infonnations in . . • ^ 96
When a prize court may proceed in . ^ SB
What necessary to support a libel or infoimalion in . • * 60
As to exclusive jurisdiction in proceedings in • *^ 61
Proceedings in, to reach a pledge . " 198
As to a suit in, on a bottomry bond. . • . . ** 600
As to proceedings in, against the ship • . *' 6tlO.
As to a lien or pledge of cargo to be enforced by a suit in " Oli'
Lien and proceedings in, for wages . . " 645
When lien of merchant may be enforced by process in * 678
As tffWmedy in, ageinst the Yessel for wrongful acts of natster. " 679
REMAINDERS.
BftMAmnxBS— Whatisa . . • • . Vol iL 932
Into what sorts are, divided . . . . '^ 683
What amounts to 8> vested . . ** 923
Role in case ofa devise to trustees and their heizr . " AM
What a contingent • . * 939
As to e]aasi£cation of contingent . . . ** 939
Rule in Shelly*s case . . . . <^ 937
Role as to the particulcrestate necessaiy to siq|>p(»t a . ** 931^
Rule as to within what time a eoi^tingeat, mus^ vest • , ** L 930
Rule as to the destruction of contingent . . "^ ii. 930
Role as to the transfer of . . . . . ** 931
As to the words ^ reaidue and," ia a devise . * L 319
When a devise is a contingent • ** 320 libterial points of diflSerence between an execntory devise and a con»
tingent • • * 331
. When the tenn marges in a revexsipn or ** iL 73
As to a cross . ** 90
When a legatee ii«, may call on the legatee for an inventory . " 98
As to mortgage of rights in seversion and . ** 900
R£MAim>ER-MAN.
BftMArrcDBK-MAN — When a legacy becomes lapsed by the' death of the YoLii. 80
As to right o( during hie life . * 338
Where a donee of a power b^ his will desires the, to create the estato * 901
When a trust will be carried into execution al the expense of the ** 909
REMEDIAL RsMxoxAL — How a, statute is to be construed
. yoLiii.s40
REMEDY.
BsMsoT — Rule at law as io the, upon simple contrset he^MD pastnera. Voh U. 397
Rule as to, on covenant between partners . " 898
As to the, at law between.partnen , " 330
Bole as to, in equity between pactaen . • • * 888
REMISSION — REMOTAL. 443
KsMBbT-^As to sospeiiBion o( on note • Vol. i. 106/101 As to, by cflrwtf . . •Vol. i. 1» What the proper, to recover money paid on a dsnrtoas eontraet . ** 248 IVhat must a party perform to entitle him to, on his contract . ** 262 Kemedy on contracts .... Vol. i. 203—267 Wife's, for threats of violence .... VoL i. 326 Formofthe, on a policy of insurance . . . ** 968 As to the, where an inferior court of a state refuses to allcnr a re- moval . . . . . *« ii. 52 When the proper, is an action against officer . • * 53 Rule as to the, for the recovery of legacies • • * 97 When mamUanui is not a proper • . ** 139 When mortgagee may pursue his legedy by ejectment . ** 201 As to mortgagee's, of a bill of foreclosur» . . . , ** 201 As to mortgagee's further, in law . . . ** 202 As to the, of a pledger upon a tender . • • " 233 Writ of ne exeat will not be gianted when the party has a, at law " 262 What the proper, fbr obstructing a highway . . • ■ 279 As to the bill of partition . , . ** 294 When the, vest in surviving partner . . • • ** 818 What, has a partner for torts done by his co^partnet • * 344^ As to, for the infringement of a patent , ' , ^ 461 Rule as to the, for non-payment of rent . . • " 638 As to, by distress for rent ..." 540 As to the appropriate, for seduction . ** 564 Asto, of part owners of vessel . . * 500 In Scotland . . . . * 591 As to, of mariner for assaults and batteries against the master ** 648 Of the rights and, of sureties . . VoL Ii. 705^708 As to the, against trustees ..... VoL ill. 84 As to the, when attorney has acted without authority . Vol. iii.104 — 109 When a sheriff may leave the parties to their, in equity . . VoL liL 231> As to the, on obligation payable in bank . . . ** -Stt^ As to the, for conspiracy . . . * 314 At law relative to the delivery of specific chattels . • . ** 346 What are legal, and equitable .... <* 361^36^ What the only, for the recovery of a salary fixed by law and payable
by the state treasurer ; . . "431
As to trover as a, to recover the value of personal chattels . * :4aS
REMISSION.
RsMfasiON— What a, of the offence of adultery . . . VoL L 325
REMOVAL.
RsvovAL — As to the power of, of guardian by court of chancery VoL L 424— 4ii. 389,390
When a writ of error lies for the. of a j udgment . Vol. il. 40; 4i Rule as to the, of causes from the state courts to the circuit eottrtft
oftheUnit^ States . ^« 61
Remedy where an inferior court xrl :se to allow, to circuit court • * 69
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446 RENTSrr-REPAIRS— *REPEAI. — ^RBPtEADSR-^RBPLBYIir.
BBKOVAX/-'Where Ode of two defendants petitions for
Rule f^r, from state courts by parties claiming titles to lands .undei
grants from different states As to evidence of, of property . . • .
RENTS. SxRTS — What is a ......
What were the different kinds of, at common law
Ancieat rule of law as to whom must be reserved .
Rale as to liability of tenant for, where the piemisea are fortuitously
destroyed . . . « 70, 534
Rule of the Roman law in the above case . *^ 535
Rule as to the apportionments of . . '
Rule as to the assignment of . . .
TLukb as to tiie day upon which, becomes due Rule as to the remedy for the non-payment of . Where an agent neglects to enforce the paynoent of . Right of husband to the, of his wife^s land As. to distress for .
As to, in a contract of lease .... Obligation of one for, who enters li^n land without the consent of
the owner ....
Liability of assignee of a lease as to . When a mortgagee may entitle himself to . In what cases a mortgagee is accountable for . As to covenant of partners to pay As to pleading in a debt due for . ' .
Where goods replevined were taken as a distress for As to goods not liable to distress for . As to re-entry for non-payment of
REPAIRS. Abpaibb— liability of master and owners of vessel for • YoLi. 203
REPEAL. BmAL-«-£ffi)ctofthe,ofan act creating an offence . Vol. ii. 97
REPLEADER. BxPLSADBBr-What is a ....
General rules as to a .
Distinction between a, and a judgment nan cbstanU vemkcto When a, will not be ordered When a, will be allowed
REPLEVIN. RxTLBViH— What Is an action ot; in its nature In what case does the action of; lie - What necessaiy to allege in a declaration in General rule as to pleas in
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BSPLICA.TIOH — BEPRBMNTATITB.
447
BsjAvrm-^What is an avowiy
What the proper plea to an arowry . Rale as to replication in avowry Distinction between a justification and an avowry General rule as to judgment in . . ^
Rule as to the writ o{ proprietaU pnbandci When attaching officer may maintain As to plaintiff in, taking the goods replevied . . ' Where a deputy sheriff takes insufficient bond m As to sheriff ti^ng insufficient sureties Where plaintiff in, becomes nonsuited In, against sheriff for goods taken on execution
REPLICATION. RxPLiCATioif — What is a
How is, generally governed
When, is not subject to the charge of duplicity
What does a plea or a special, admit
Rule as to, in statute of limitations .
What the usual, to a plea of release
Rule as to the, in avowty .
Demurrer to ....
REPRESENTATIVE.
JIbfuszhtativx — ^When endorseiV, are discharged . • As to, of deceased joint contra^r. When a legacy is transmissible to, of legatee . When, of legatee become entitled to the legaey When a bill in equity will not lie in behalf of pledger or his As to rights of, of deceased partners . YoL ii. 316,
As to, who is appointed partner by will •
As to injunctions between survivors and . As to, of bankrupt partner .... Continuance of partnership by survivors and . •
When partners and, become tenants in common "When, may be made co-defendants As to joinder, with survrving partners "Where all the partners are dead and a suit between their As to, of a deceased child . . . ' .
When contingent interests pass to . . ,
As to, of deceased part owners of vessels Authority of master of vessel as, of the owners As to resistance by the, of the Spanish government As to cause of action against, of co-security When a wife may make a will of effects in possession in a, capacity As to the liability of, of defendant to joint judgment As to, of deceased endorser ...
Assets in the hands o^ of deceased iligfat of, oi deceased relative to chattels
Vol. ii 946 ." 547 «* 547 « 547 * 548 •• 548 « iii. 19 " 236 « 236 « 236 •• 267 •* 492
Vol ii. 549 « 549 « 549 •• 1.193 " U.129 « 485
* « 547 <« iii. 414
Vol. i. 110 « 265 *« u. 89 « 88,89 « 233 318, 33(r, 355 VoL ii. 317 « 338 « 345 « 394 « 400 •* 401 <'402,424 « 408 « 508 « 531 « '595 « 612 " 683 « 707 «• 716 *< iii 142 « 297 « 345
RKPRE8SNTATION*<^BBFUGNANT — REPURCHASE— 'REPUTATIOlff.
REPRESENTATION. BsPtsssirTATioif — Ai to a fnudalent, inducing obligor toezeeate aboild Vol i. 149 Rule with regard to, on sales at auctioo . ** - 242 Asto, of national character of Teasel . ** 470^ 508 Of, and concealment ^ . . . VoL i. 480—499 What is understood by the term as it relates to a policy of insur- ance . . Vol. i. 489 Rule as to what facts are necessary to be disclosed in a . ** 489 Effect ofa, to the first underwriter *■ 490 Effect of a misrepresentation . ** 499 What will amount to such a misrepreaentatioii as to avoid the po- licy . « 499 How is the materiality of a misrepresentation to be determined **• 491 As to a, to obtain an insurance . . . *' 496 Ai to, which was entirely executory ..." S38 As to an execution issued through Uie false, of the plaintiff » . ** ii 98 When false, must be proved . ** 194 When a, of claim to the treasury could not be required . - • ** 573 Effect of a mistake in, of a fact material to the contract . VoL iii 360, 361 As to a, in the nature of a promise or stipulation . . VoL iii. 413 Wherethe seller of goods makes a fidse . . *! 459
REPUGNANT.
Vsvvo RANT— Where two clauses in a deed are « VoL L 313
As to a distinction, to principles of sound polky . ' . ^ 433
Wheieone material part ofan indictment is, 4o another . • ** 459
As to rules and orders not, to the laws of the United States . " ii. 31
As to a statute, to the constitution of the United States . . ** 33
As to state laws, to sound legislation . • ** 68
A» to marriage which seems, to the first principles of morality . * 149
REPURCHASE. BlPVACB ASK— When court will construe an agreement for sale and, of
property to be a mortgage . • . Vol. it 171
REPUTATION. Bbvvtation — As to a name acquired by . •As to proof of historical ft cts by . Proof of the general character of a witness by As to damages in case of a soiled As to.killing another to vindicate Evidence of gi^neral, as to a signature . •
When partnership may he proved by general When, is admissible in proof ofa boundary At toa pul^catioa teadiiig to injure one's
REQUEST. BmiVssT— *As to an acceptance ofa bill at the, of drawee .As toaHegation of .
. Vol. L 297 « 374 « 375 « 375 " 432 VoL IL 388^31)9
. VoL ii. 432 " 555 " iji.43fe
. VoL L 130 VoL 1 216, 217, 219
ftESB&VATXOM — RSS GEST.S — ^RESIDENCE — RESIDUARY — RRglDUE. 4^
RsQUz»T-*When the consideiatlon of a promiw arose at the, of the party VoL i. 218
Eflbct ofa waiver ofalei^al ri^t at the, of another .. . *^ 224
Effect of a, by the lurety to proceed against the principal . " 419
Vn^en the assent of ezecator may be inferred from his, to legatee ** ii. 9G
As to averment of . . . ** 164
Where party becomes receipter at the, of the defendant ^* 644
RESERVATION.
BxivaTATioif — As to, by tenant on account of unavoidable accidents • Vol. iii. 205
RES GEST^.
Rst QMMTM — As to the, among the Greek ^«i . . Vol. ii. 562
RESIDENCE.
Rbbiosncb— As to the, of maker of note . . Vol. i. 93, 112, 1 13, 127^iii. 131
As to debts contracted l-j a wife in the place of her . . Vol. i. 207
Rule as to the evidence of a five years' • ** ii. 261
As to specifying the, of partners in limited partnerships « . ** 442
Liability of sheriff for taking bail who is without a fixed . ** 578 Asto, of owners of ship . VoL u. 586, 587, 605
As to the meaning of the words, ** place of residence** Vol. ii. 605, 606
As to the, of subsciiMng witnesses to a will . . . Vol. ii. 718
Whan affidavit should state the place of, of defendant . ** iii. 114
As to, of endorser . . . ** 132 As to, to acquire a domicil . . VoLiiL 351, 352, 3.53
» When a court will decide as to the future, of a child . Vol. iii. 306
As to the, of the plaintiff in a trustee process . . *** 487
RESIDENT.
RxSTDSNT-^As to bankruptcy by, partner . . . .Vol ii. 430
As to attachment against, debtors ... Vol iii. 87, 93
RESIDUARY.
RxsTSUART — As to competeflcy of, legatee as a witness . Vol. i. 355
Effect of a, bequest to be paid when the legatee arrives at twenty *' ii. 88
Wb«*n the property will pass under the. clause . . '* ' 89
When a share of a bequest is to revert to the, legatee . " 90
Effect of a. clause on personalty . ** 100
As to lapsed legacy under a general, bequest • ** 101
RESIDUE.
kxsiDUE — When a specific legacy falls into the . Vol. ii. lOO
As to the bequest of a . . ^ . "* 467
When a testator gave the, of his personal estate to his wife, he. ** 495
RESIDUrmf
Rb8idt7VM — When the, is transmissible to a foreign coantry • Vol. i. 393
When policy attaches to, of caiigu . . . ^537
Of the, of legacies . . • • Vol ii. 100, 1 01 57
450 Rfil JUDICATA*— RBSPONDEMTI A RESPONSA — BESPONSIBtLXTT.
RES JUDICATA.
Bxs Judicata— Effect of a direct penal judgment . . Vol. iii. 237
As to, which ought to be received as conclusive evidence of nght " il. 10
As to, in appeals . . ** 43, 55
RESPONDEAT OUSTER. RxspoROEAT Ousted— As to judgment of . Vol. I 315— ii. 475
RESPONDENTIA.
RxspoifOENTiA — As to a bond on goods , . Vol. i. 154, 481
As to, interest ' . . . Vol. i. 473
As to lien acquired by lender upon . " ii. 100
RESPONSA PRUDENTUM.
RssFONSA pRVDEifTiiM—-A8 to the, of the Romans . . VoLii. 66
RESPONSA,
Rbsponsa— The, were the opinions of the lawyers, &c. VoLii. 66
RESPONSIBILITY.
RsspoifsiBiLiTT — When agent will be .... Vol. L 43
As to, of principal for contract by agent in his name • ** 34
What must the agent show to excuse himself from . " 38
To what is the, of an agent confined ... <* 45
When principal must relieve the agent from any . ** 58 •
Asto, of factor for acts of sub-agent . ** 59
As to what exonerates surety from . ** 69
As to an^endofser who takes an assignment to meet . ** 97
As to, of endorser to the drawee . . * 103
Will incapacity of one party to a bill affect the, of others • « ** 10^
As to, incurred on the, of notes ... ** 108
As to discharge from, by laches of holder of note ** 128
As to proving fact which would tend to discharge endoraet from . ** 134
Of bank for neglect to present bill in due time ** 138 * Of drawer of bill given in payment of a precedent debt if it return
dishonored . . ** 142
As to a hypothecation bond in aid of personal . ** 153
As to the, of a private person who carries for hire . . ** 157
Of sheriffs and jailers in respect to debtors in custody ** 160
What mu9t there be to render a carrier • ** 161
As to, of carriers for wrongful acts of strangers . '^ 162
Of carrier for a trunk or parcel received on board of vesssel <* 164
Limiting the, by special acceptance . '^ 165
Will a notice exempt the carrier from « '^ 168
When, of carrier depends upon custom . . ''170 When do the rights and, of master of ship commence and terminate ** lie
Whendoes the, of a common carrier commence . '^ 170
As to the continuance o( of carrier , ''171
RESFON«iBILITY (CONTINOED).
451
BssrowuBiLXTT— From whftt vas the, of » common carrier tMkm ^ When does the carrier's, terminate
As to, of carrier for care and diligence
As to, of owners of steamboets for baggage
Of hackney coachmen for baggage . ^ .
When an agent is boand by the limited, of the carrier
As to n%|ice limiting the carriers responsibility
Must notice limiting carrier'ff, be published to the world
As to, of wife of alien husband for debts contracted by herself
As to, of a/mtmc whose marriage has been annulled
As to husband's, ceasing after coverture ceases .
As to, assumed as guarantor
When joint executors are, for each other's acts .
As to, of administrator for loss of property
When guarantor is discharged from all
When security is cleared from
4s to the duty of him who ^ves credit upon the, of a third.per- son . . .
When the underwriter is, for the loss of vessel .
As to legal, of ownership
When the publisher of a libel is, to the party libelled
As to the point of, in the Roman law
When the pawner is, for all frauds, &c.
As to the, of joint obligora
As to, of partners to others .
When the, of partners does not attach to seamen
As to,' of nominal partner
Can partners limit their, to third persons .
When boatmen refused to undertake the, of sailing, he.
As to right of partner to resign to a person not
As to, of sheriff for those in his custody
As to, of under sheriff .
Of part owners of ship
As to the, of master of vessel
As to a bond given in consequence of doubt as to
As to, of owneiB for the acts of the master
When the master is, in damages for discharging mariners
When owners may dischaige the master without, in damages
When the master's, commences as to goods
When the, of the wharfinger ceases '
As to, of master and owners for robbery or theft
As to the owner's, where the vessel is employed as a general freight- ing ship ....
As to, fof neglecting to check a vessel entering a harbor
Rule as to, upon a contract of guarantee
As to an assignment to secure against future
When bailee of goods is, only for gross negligence
When vender is, to veniee
Am to transfer of sto^ for the puipose of evading
Vol i. 171
« 171
cc 179
« 180
« 181
" 184
« 184
« 185
" 207
« 300
« 210 «238,420
•* 384
« 385
« 417
« 410
« 421
«* €08
" 540 « ii.105
« 230
a 234
« 252
« 345
« 347
« 348
* 350 « 376 "390,391 « 680 « 581 " 594 « 597 « 607 «*615,616 « 61» « 626 " 664 « 664 " 664
« 679
« 685
« 693
* iii. 50 , « 129
« 176
CI 430
452
RBSTITUTIOW RE8T0BATI0K — RESTRAINT REfttRlCTI0II8.
RESTITUTION.
Rs8TXTUTioN-~As to peisoiis entitled to the, of their property . Effect of a eentence of . Where, is decreed by a court of aciraiialty When technical total loss is terminated by tbe decree of As to, of prize •property brought in by a public armed vessel MThen pawnee may maintain a suit for As to«uit brought icr, of >awn As to, tif deposits
As to demand of . . . ,
' ,Ai t^ proc uring th'e, of sb i p When, for ship is made in monjv* . • When a court of admii-alty will decree, in value When the master is hot ebliged to wait for the, of the As to the obligation of surely without the hopes of
RESTORATION. RB8!|ORATtoK — As to a Fcfusal of, by the court of chancery
As to lien of finder of lost property for the, of which a reward is offered ....
RESTRAINT.
Rbstraint — As to, from granting divorces . . . Yd. i. 327 As to the validity of a bond executed under duress^or threats, or
improper ....... 148
As to a contract which restrains from marrying . . '** 413 Injunction to, the endorsement of bills. &c. ..." 464
As lo the words, arrest, and detainments, &C. .. • • **. S20
Distinction between, and detention in a policy • • " 530
EfP'ct of state laws in; a judgment of the federal court . . . " ii. 19
A$( to conditions in a wilUn restraint of marriage . . "80 Rii't* (iedu'-ed from modern Knt^'lish authorities upon the subject of
romlilions in, of marriage . . , . " 81
An to construction if the, be a condition precedent . " 8d
At« to, ronnected with the incidents of marriage . " 15C
As to, imposed by a state of war . . . " 390
RESTRICTIONS.
RESTiLTc-iioNs — Asto, inequity in matter of set-off , . . Vol ii. 567
RESULTS.
Rksvl'j*^ • As to, which arise from omitting to plead in abatement Vol. iii. 0
RETAINER Retain ; i — When, of moneys by the p^irtner receiving tbem is equiva-
]r t to payment ..... Vol ii. 42 . \^ ': in attorney is authorized by his general, to bring a second
<« lit . . . ' " iii. io.5
Vol. i. 353
« 519
« 622
« 544
« ii. 59
" 220
« 231
« 574
« / 577
« 612
« 645
" 686
" 687
« 694
Vol.il. 242
iii. 428
BSfrOBNO HA3BND0 — ^OBTRAXIT— BSTI7RK.
468
KETORNO HABENDO.
RsTOKNO Havbndo— As to a writ of, aad the return of dwigalathB] When defendant in replevin is not entitled to judgment pro
RETRAXIT. BsTKAzxT — As to judgment upon non-suit or
RETURN.
ftaruRN — Is parol evidence competent to aid a defect in sheriff's Effect of putting off the sale of property until alter, day .In what case may the insured demand a, o[ premium * As to, of jury hy sheriff . . ^
As to, of writ by sheriff , . . .
Rule,as to the, to a mandamut When creditor is bound to, the pawn As to a nulla bona to an execution against partners '. Action against sheriff for fal^e
As to, of^property taken in replevin . . VoL u.
As to a, of dongata on a writ of retomo kabendo When defendant may claim a, of goods repjevined What entitles the party to, without an avowry When entitled to a, the defendant avows As to judgment for defendant in damages and, of goods . As to a judgment upon the, of mrt/ocuM . As to, of recognizance to the cleric of the court . Duty of sheriff as to, of writs and executions Liability of sheriff for neglect in making As to an action on the case for an insnfficient ' What, of attachment should state When garm'shee fiiils to make a . As to irregular, of attachment When, is informal and how cured As to the lien of attachment from the As to the appearance of defendant npon the, of an attachment When the, on an attachment is admissible in evidence Effect of the written, of the officer on a writ ^ AstOfOf sheriff to a writ of ii&erari/acias
As to fiiilure to, the property replevined • • <
As to the time aUowed for, of writ
Effect as to bail if the principal die after wm <sf is .
Liability of bail on the, of «mAi «i< . Yol. iii. S80, 281, 282, 286
Where time is « Uowed to bail to 8urrend£r the principal after VoL iii. S80, 281
As to death of principal after a . ' . . . VoLatKlSI
As to a, setting ibrth that he had seized, &e. . " 368
When the officer's, is not a sufficient conveyance ^ Sffl
As to sheriff's, on execution as evidence of sale and tzavM^r YoL iii 397» 308, 3S0
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454 IlE7EN0&-^eT£NUS — EEVERSAL — REVEESION — BEYER^IONBE.
REVENGE.
BffiTzzfrii— A«to4etibeiate, &nditi«SecU •
Eiiectofasuddenftctof . ....
As to malic), and cunniag in an infant
RiW^'ENIJE.
RiTBNva— As to bonds of a collector of . . . Diminution of, by the erection of cities, &c., into corpoiations Land listed to the wroaj person by the commissioner of the . As to insolvexLcy of, ofiicer . • Nature and effect of breaches of the, laws . . "368 When ship^s husband and master must give security as to the em- ployment so as not to defraud the . . . ** 587
REVERSAL.
RsYXSSAL — As to, of a judgment rendered on confession • • Vol. i. 19$
' As to, of judgment for defective declaration . . " 2921
^ T/hen writ of crit>r must bo brought to . VoL i 459 — ^ii. 138
When a jud^^ent i3 conclusive until, by error . Vol. ii 18
h^ to notice of intention to sue out a writ oferror to . . ^* - 19
When judgment must be . •. . . "26,27
As to a writ of en-or to, decree . . • *' 120, 130
As to, ofdecicjonby courtofappeal . . . •* 152
As to, of judicial proceedings . . . . " 211 Whare a ssntence ^of condemnation was ..." 335
As to revival of a writ oferror to, a judgment . . . ** iii. 13
Plea in abatement to a writ of error brought to, a decree . . " 15
When defendant may sue out a writ of error and, the judgment ^ 25
What a just ground to, a judgment . . . * 310
REVERSION.
Rbtxksion — At; to a covenant in law which will run with the . . VoL L 283
Grrnt or gift of . . . . . "414
Ae to merger of term in . . . . * ii. 73
As to dee-ec of sale whsre the mortgage id a dry . , •197
Aj to r ,fats in remuaderand . . . - " 206
As to the*, of a share to the residuary legatee . "90
• Where the owner of the rent has no interest or, in the land . " 5^
When the rent goec to the incident to the . . . ** 533
As to ^lantin^ the, of part of the land out of which the rent issues ^ 537
When rent is to be apportioned among the several owners of the ** 537
As to a contract for the purchase of a . . " liL 414
As to the ri^ht to levy on a, interest of the debtor * . " 228; 229
REVERSIONER.
BxTxasioNKit— When an action for a nuisanfee may be brought by the Vol. iL 288
As to a release of rent by the - . * 537
BETIKW — REVISION — ^B£VITAL^BBVIVS1| — RSTOCATION. 455
BxYSMioicxsr-'When, m«7 re-enter ■* Vol. ii. 839
As to objection against trespass by • . ** ill. 229
When the, has an immediate light of entry • * 836
REVIEW.
Rxnxw — As to judgment on a , , . VoL iL 76
When a party is entitled to relief by a bill of . . . ** 235
When a bill of, will lie . . . . "237
REVISION.
RsTisiON-^What «i writ of error s jbmits to the, of the supreme court Vol. ii. 49 As to a mandate of the supreme court revising the decree of an in- ferior court . . . . ** 43
REVIVAL.
RxTiTAL — Effectof a, of a judgment by fcirc/aaeu . VoLiii. 23
Ruleas to, of an obligation barred by the statute . • ** 325
As to the, ofa debt against the firm ... " 126
Asto, ofdebtby aclrnowledgment . . . ** 128
REVIVER.
RxTiVEK — As to a bill of, filed in the circuit court . . VoL ii. 46 Continuation of suit by, as to the representatives of deceased part- ner . . . . . "341
REVOCATION.
Rsvo-JATioM — As to notice in case of a law, of the power . . Vol i. S3 Liability of principal for acts of agent before notice of the, of his
powers . . . " . 37
Termination of authority of agent by express, of the power . *^ 92
When a promise is revocable at pleasure . . '* 217 Poes a subsequent marriage and birth of a child amount to a, of a
will . . • . . "319,462
When a tenant can revoke his disclaimer . . "341 Where a legacy is revoked .... Vol. ii. 100, 256 As to what amounts to a complete, of all power to create new eon<
tracts . . . Vol. ii 401
As to a power given to a stranger to revoke u settlement ^ . *^ 496 English rule as to powers of appointment of, under the statute of
uses . « ^92
Rule as to the execution of powers of . . . ** 496
As to a settlement made with power of . . . ** 503
As to a power of . . . ** 505
When a power of attorney eannot be revoked . ** 513
When the, takes effect as to an attorney . '^ 514
As to the, of a lease * 536
As to the, pf the appointment of master of vessel • " 626
When the ma«tet cannot be revoked bom his command * 637
456
REVOLT — ^BtOTS — IU».
RaTOQATioN«-Aa to stipulations for indeinnity in case of As to, of a party to a contiauing guaranty May a will be revoked at any time during the life of Um How may the, of a will be made . Asto the, of a second will . .
As to cancelling a will ontmo nvocatudi
REVOLT.
RivoLT — As to suppressing a, on board of the ship As to the offence of making a, upon the high seas What the punishment for making a
RIOTS.
Riots— As to killing an offender in attempting to suppress a As to count in an indictment for .
Conviction for assault and,
RISE. Risk — When deviation from directions will be kt the, of holder When drawee takes the, of paying damages, &c. As to, of a common carrier
Effect of a notice that all baggage is at the, of the owner When the, 9f goods sold continues with the seller , What &cts in a contract of sale will place the goods at the, of
buyer . . , . . .
As to deficiency in land when there is no agreement by purchaser
to take the, upon himself . As to indemnity against sea Effect on a policy of insurance, of war breaking out after the
mencement of the As to a mistake in description of goods immaterial to the When the imderwriter is presumed to assume the As to property which was at, during the term of hire When the, on freight commences Where shipment is made at the, of the consignor As to adding premium to capital when one runs the, himself When the underwriter takes the, upon himself . As to false inducement to the underwriter to take the When insured by misrepresentation take the, upon himself ^ As to whether delay varied the ^ As to facts material to the . ' As to disclosure material to a just estimale of the As to whether the, be increased Knowledge of the, affecting comraeTce . Sfiect of the time of sailing upon Hw As to concealment of letters containing frets material to liie Effect of concealment of as aceideBt aftsr the cmnniMieeiMBt •f ttie Astothecommencemeailiiftha •
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ViiLa«37 |
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tt |
701 |
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723 |
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783 |
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727 |
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727 |
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VoLiL534 |
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166 |
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169 |
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235 |
the
Voli
« 967
« 813
« 467
» 46ff
•* 473
« 474
« 477
« 478
« 479
* 484 « 489 '* 490
* 491 « 491
499, 493, 495 VoL L 494
* 496 « 496 « 496
.« 496
* 497 ^901, 506
RlVfikS AND RIPA1UAS RIGHTS.
467
E18K—A9 to the, of illicit tnd9 .... As to, embraced in a cocomon policy . . t
What effect is given to the term " sea**
When goods are at the insurer's .... As to the, of barratry . . • .
As to the, of fire
Suspension of, by embargo .... Upon what the commencement and termination of the, depends As' to place at which the, terminates Effect of deviation upon the ...
As to enhancing or varying the . . .
Distinction between an alteration and deviation as to the What immediately puts an end to the Where the, of barratry is qualified . •
< As to contributions to the . . ,
What a sufficient, to support the policy As to return of premium when, has not been run When mortgaged premises are sold at the, pf the purchaser Where each stage proprietor's property is at his own When the vessel was at the, of the owners As to, of partner of bemg maltreated by slaves When the company will not bear the, of surplus •
When vender takes a note in payment at his own . •
When vessel is at the, of all parties Hypothecation of a vessel on maritime As to the, to be borne by the lender . . •
As to the, of property assigned . .
At whose, is attached property
When attorney cannot give time to defendant at the, of his client As to the, of the solvency of bank When a sale is perfect and the, with the buyer As to increase of, by the deck load of cotton Effect of an omission offsets material to the
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yol.iSU,619 |
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519 |
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528 |
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536 |
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586 |
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587 |
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302 |
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414 |
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466 |
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592 |
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609 |
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609 |
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iu. 59 |
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79 |
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124 |
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130 |
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,"359,459 |
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407 |
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412 |
RIVERS AND RIPARIAN RIGHTS.
XbvxBS AND RipAAKjLii RxoRTS— What is a river . Into what classes are, divided Rule as to the rights of a nation in Role of law as to the rights of ripajdan owners •
Rule for construing giants of land bounded upon Rule as to the description of land conveyed, kc. May boundaries be proYed by heanay evidaiiM Rule as to alluvians ' . Rule as to what distinguishes a navigaUe river Rule as to the ri j^t of riparian owners to the nse of
fishing . Rule as to sight o^ owneis to use of streams fi>r milli Rule as to ri|^t o^ owners to divert water-eoanet 58
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• Vol ii. 550 |
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558 |
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458 10AD8 AND HIGHWAYS — ^ROBB£RY — SAILUfO OfiDERfl — SALE.
ROADS AND HIGHWAYS.
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BoADt AHD H10HWAT8— A« to private property bozdexing on |
• |
yoLii].4» |
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ROBBERY. |
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Robbery — As to liability of fitctor in cases of |
. VoLi. 39 |
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As to liability of carrier for loss by |
VoL |
i. 16fi, 166, 174 |
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Win, discbax^ carrier from liability . |
VoL i. 167, 168 |
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Eflfect of carrier's notice as to loss by |
VoL L 185 |
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As to the proof of . . |
« 350 |
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As to an accessory to .... |
'< 448, 440 |
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Distinction between principal and accessory in |
. « 450 |
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As to indictment where several commit a |
« 457 |
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As to liability of innkeeper for, of his guests |
« 465 |
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Loss by, of vessels .... |
« 580 |
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Loss by, of partner how borne |
Vol |
ii. 412, 413, 414 |
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As to a conviction for theft where the facts amount U |
VoL ii 520 |
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As to jfreight of goods taken by robbers |
. « 674 |
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Conviction on an indictment for highway . |
**m.458 |
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SAILING ORDERS. |
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Sailing Ordbrs— What the rule as to |
VoLi. 503 |
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Why, are so essential |
« 504 |
SALE.
Salb— What is a sale ..... VoL i 200 As to patentee of land transferring title by bargain and, without a
personal entry . . ** 66 As to subjecting an equity of redemption to, on execution VoL i. 66— 4i. 214
As to whether the interest of a mortgage is subject to, on execution VoL L 67 When, of land by an agent will bind principal although no par^ to
the contract . ** 37 As to the necessity of the thing sold having an actual or potential
existence . ** 200 In what cases the rule of cofeot emptor applies . '* 201,238 A deed of bargain and, by infiint is voidable . ** 5KK3 Rule of the civil law as to change of property upon contract of ^ 224 A parol agreement for the sale of land is merged in the deed subse- quently given . ** 231 What, for improved endorsed paper means in law * 235 Rule with regard to representations on sales at auction . . ^ 242 L^gal effsct if the owner employ puffers to bid upon a sale at auc*
tion . . « 242
_ How &r auction sales are considered within the statute of frauds * 243 Contracts for the sale of lottery tickets not authorized by law aiB
void . . « 253 As to vendee's right to repudiate a contract for the sale of land
where there is an outstanding lease ** 262, 263 At to what fiftcts in a contract of; will i^jtce the goods at the risk
of the buyer • . • • * 26V
8ALK (CONTINOEDJ. 459
fl AI.S— How contiacU for the sale of offices are held . Vol. i 293
When compensatioii for deficiency in, of land on general warranty
tobemadeottt . *" 269
At to giving extrinsic evidence relative to the object and design of a
bill of . . . « 269
As to a person out of possession conveying by bargain and sale ** 270
A deed of bargain and, may be made to take effect infvturo . " 296
What necessary to consti tute a deed of bargain and . " 303
What if an executor buy at his own sale . " 38d
As to liability of executor making sales without taking proper
security, . . " 387
Effect of a sale by master honSifidi made for the benefit of all con- cerned . "548 Rule as to the authority of vice admiralty court to decree sale of ship " 540 Rule, as to a sale of part of cargo by the captain in case of necessity ^ 559 Rule of the English law as to sales in market overt . " ii. 141 Howbillof, may be converted into a mortgage ** 172 What the rule as to changing mortgage into an absolute . ** 174 What the nature ofa power to sell . •* 196 Rule as to the manner of executing a power to sell . . ** 196 In what cases court of chancery will decree, against the will of
mortgager . . , "197
As to sales on foreclosure .... Vol. ii. 202 — ^206
As to the manner of effecting sales of mortgaged premises under a
decree of court ..... Effect ofa sale under a decree . "* .
Rule as to selling on credit ' Rule where subsequent mortgagee brings a bill to foreclose General rule as to open biddings in the United States at master's Rule as to the right of pledgee to sell upon default of payment Rule as to the right of pledger to compel a sale How far single partner may bind firm by .
Rule as to the right of one of the ci-devant partners to insist upon Rule as to what interest passes by the seizure and sale of partner- ship property under an execution against one of the partners Effect of Uie sale of ship abroad as to seamen An agreement between two or more persons to prevent competition
at sheriff's sale is unlawful As to the necessity of change of possession upon the sale of chattels Puffing at a sale at auction is such a fraud as will evade it At auction under process of law cannot be invalidated for mete in- adequacy of price . ' . *• 871 What if the description be inaccurate in a sale of real property at
auction . . ''271
Ofa promissory note at a greater discount thitn legal interest does
not make the transaction usurious . « S9g
Ofpersonal property by infant may be disaffirmed . ^ 403
Ai to when a power in trust fot the sale of real estate created by
will may be executed • 45$
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238 |
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460 SALVAGE — SATISFACTION — SCKR£ PACIAS.
SALa»*-A« to tLe liability of auctioneer who sells stolen goods . • VpL iit 339
Upon the sale of goods by sample there is an implied wamnty thai
the bulk oT the commodity is equal in quality to the sample ** 4S^
SALVAGE.
8ai:.taok— What understood by, in maritime law . . Vol ii. 681
What the rule as to who are entiUed to . . . *(»l,^8a
Rulefor the adjustment of salvage loss . ** L 563
Rule as to jurisdiction of district court in cases ot • . *^ iL 90
How ship^s crew may entitle themselves to . . ** 040 Courts of admiralty will not encourage appeals in, upon slight or
frivolous grounds , . # . ** iii. 238
Maritime policy as to allowance in salvage case . . ** 238
SATISFACTION.
SATlSf ACTION— An accoid and satisfaction must be in full . . Vol. L 10
The receipt of a less sum in, of a laiger sum extinguishes it • '^ 10
The acceptance of a less sum in, of a larger sum is an extinguishment ** 10 A mere agreement to receive a less sum in, of a larger sum is no
extinguishment ..... ^ 10
The acceptance of a promissory note on account of a debt is ft • ** 10 What if sheriff take a promissory note in, of a ea$a and discharge
the defendant ^ . . . << 110 Taking in execution the body of one of two joint obligors is not,
of the debt . .. . . . . . • la
It is equity that he should make, who received the benefit . ** 187
Courtsofchancery will not suffer double, to be taken . . '* 187.
When, ought to be entered on the record • . ** 383
When legacy considered as a, for a debt due to the legatee ** iL 00 As to, of a mortgage . • . . VoLii330— 241
The acknowledgment oi; y an attorney binds client . . VoL iiL 100
When, is presumed ... " 238
SCIRE FACIAS. ioiBS FACiAS—What is ..... VoL iL 950 Rule as to the form of . • * SSO In what cases, will lie « . * MO Rule as to, against bell . ' . . ** Ml Onajudgmentuponan award of arbitrators • * fl68 As to amending .....* 909 Against heirs may be amended after mU ti4 record pleaded - * 209 ^y be amended by the pntcqte^ or by the record in the original ac- tion . • S© A writ of^ unless used as a declaration is not answeiable Motion for, to revive judgment .... To enforce foifeiture of a charter for de&olt.or ahoae of power In what cases writ of; may be sent ou.t against bail- What the effect of a revival of judgment Vy * i£ 23 As to tha power of courts of United States to iseue writs of • * 43
8EAL.
8oiBB FA0IA8 — ^Againftt garnishee ....
Error lie« to district court on jodgment given there in, to repeal letters patent .....
A garnishee if required must appear in court and answer on . What bail may show in answer to . The want of. a seal to a bail bond is iatal on, against bail What writ must show in a proceeding by . ,
Is a judicial writ, founded on some matter of record .
SEAL. Bbal-— Is essential to a good bond
As to coiporations appointing an a'tomey upon record without the
common . . . . «
laprima facie evidence of a consideration in a bond As to charging a person by bond though signed and sealed without
delivery . , . , .
Aa to the sufficiency of a scroll annexed to a signature to make a
sealed instrument .... As to waiving right of action after breach of sealed cpntract . Am to the effect of a written promise by a son, not under, to'pay the
debts of his &ther .... Consideration necessarily implied in contracts under As to the toianner of proving a deed from a public hospital under its
cotporate . .
Bow a committee appointed in behalf of a corporation, covenanting
under their hands and, to pay money, will be held One seal is sufficient for several grantors . . .
It is abs6Iutely requisite that a deed should be sealed In what states, retains its original character A writing not sealed and delivered is wholly inoperative as a deed EAct of a stranger's tearing off, from a deed What the effisct given to a foreign A decree in court of chancery may be proved by an exemplification
under, of the court .... Acts of the legislatures of the several states authenticated by hav<
ing seal of their respective states affixed thereto . Vol. iL As to one partner binding firm by , .
As to a release by one partner under . What the effect of a sealed instrument given by one partner in name
of firm .....
When contract is under, all the partner's covenanters must join As to joinder of partners on partnership contract not under A delay of twenty years to bring suit upon a contract under, will
raise a presumption of payment A power not under, does not authorize the execution of a deed An assignment of a contract not under, need not be by deed As to assigning judgment by writing without At to liability of tenant who expressly agrees, whether under, or
not, to pay rent, in case of fire . . .
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149
151
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21» 222
279
294 394 295 295 310 369
370
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205
462 fllALED mSTRUMKllTS — SEAMEN.
8xAL^A« to where seating and deliverj of a deed will be inferred . . YoL iii. 243
The want oi; to a bail bond is fatal on a teirtfacioi against the bail ** 2S9
SEALED INSTRUMENTS. fixALBD Instruments — As to the sufficiency of a scroll annexed to sig- nature to make ..... YoL L 151 As to setting up, by surety so as to make his demand a specialty
debt . . . . * , « ii. 169
What the effect of, given by one partner in the name of finn . " 371
An assignment of ^ contract not evidenced by, need not be by deed ** iii 57
SEAMEN. Sbamen — Rights and duties of ... . Vol. ii. 628 — 649 Are included under the terra " mariners" . . . Vol. ii. 628 What the laws of the U. States have provided with regard to ship- ping articles of . . . <* 629 What the nature of the contract betw'een captain and . " 631 Failing to render himself on board may be pursued and arrested
wherever he may be found . . . ** 631,632
. Are bound to assist in defending ship against pirates . ^ 632
As to, abandoning vessel before the voyage is finished . . ** 634
As to forfeiture of wages of; for deserting ship ** 635
Absence occasioned by power of a foreign country, without any
fault of, does not work any forfeiture . . . " 636
What necessary to subject, fo forfeiture of wages " . . " 636
As to what will justify master in discharging . . " 636 As to the right of master to discharge, before the completion of the
voyage ..... Vol. ii. 638— ^0 As to whether wages of, are lost if the vessel and cargo are lost VoL it 641 Sickness or disability accruing in the service of ship will not inter- rupt the wages of . . * 642 As to| being entitled to be cured at the eiq>ense of ship, if the sick- ness is occasioned by debauchery or crime . ** 643 Negligence in, is a maritime offence, and entitles the owner to com- pensation . ** 644 As to lien of, on ship for wages . . ' ** 644 As to defeating lien of, on the vessel by any particular lapse of time ** 646 How Uen of, may be lost . " 646 As to lien of, on freight earned by vessel, for amount of wages due * 647 No particular mode or' instrument prescribed by maritime law for
the correction of . . " 648 Deadly weapons not to be employed in the correction o^ for past
offeiees . * 648
Remedy of, against master for assaults, batteries and imprisonment ** 648
As to coiitFact of, being dissolved by an embargo . *■ 649 XSeneral rule of the commercial law as to the insurance of seamen's
wages ..... YoL i. 479,480
Hole as to contribution for expenses, seamen's wages, &c., where
a vessel in distress put into poit to refit . . * 560
SEAWORTHINESS — ^CRETARY OP THE U. S.— SEDUCTION — SEISIN. 463
SsAKBiv — As .to the pnnisliment for harboring Vol ii. 649
Afl to the expense of curing wounded, belonging to general average ** i. 569 The master is responsible in damages if he discharge, without just
cause Vol. ii. 619, 620
Master may inflict reasonable corporeal punishment on ^ 620—622
As to the authority of mate or any other subordinate officer, to in- flict punishment on, while master is on board . . Vol ii. 622 As to the master^s right to imprison . . . ** 622 Where, are imprisoned by the authorities of a foreign country for the violation of its laws, the cost and charges of such impri sonment maybe deducted from wages . . . ** 623 As to the duties o^ in case of substituted master . . ^ 623 Punishment by master upon, must be moderate, and administered
in a proper manner . ' . ** iii. 459
As to charging expanses to vessel where sickness of^ is caused by
thecUmate . . . ** 467
SEAWORTHINESS.
Sbaworthinkbb — What understood by warranty of . . YoL i. 505
What the effect of a survey and condemnation upon the warranty of ** 506
What if the defect be unknown to the owners . . •►•^^ 506
How fu it is obligatory upon the owner to keep vessel seaworthy >
during the voyage . . ** 506 What if ship be unseaworthy at the commencement of voyage, bnt the defect subsequently cured, and a disaster happens af- terwards . . . " 507 By whom the question of^ to be determined . " 507 A pilot of competent skill for the purpose of the voyage is necessary
^to satisfy the warranty of . ** 507
SECRETARY OF THE UNITED STATES. Sbosbtakt of the U. S. — As to the effect of the disehaige of the piia-
cipal in a bond to the United States by . . VoL ii. 700
SEDUCTION. 8«]>uoTioif-~ Whatismeantby,in law . . ' • VoL ii. 562
By whom an action for, may be maintained . • **• 563
Rule as to the form of action for . . . " 564
In an actioQ by a female for a breach of marriage contract, she can- not recover damages for . . ** 165 As to pleading the statute of limitations to an action of adultery
or .... . « 483
An action by father for, of his daughter abates by his death . " iii. 12
A guardian may maintain an action and recover damages for, of his
warf . . " 388
SEISIN. Sbisiii— The seisin of one coparcener is generally the seisin sf the
others ^ • • VoL i. 271
4W 8EIZUEE SELF-DEFENCE — 8EI.F-MURDBR.
SswH — What the b'lyer on a breach of covenant of, pcoven back • Vol. i. 311 Mere transitory, wUJ not entitle to dower . . . * " 330 The same evidence of^ which would entitle the heir to recover in
ejectment, will sustain an action of dower . , , ** 330
To what, of party is confined who enters into land without title ** 339
A devise to use without, to serve the uses is good . . ** ii. 492
At common law no estate of freehold can pass without lively of ^ SIS9
Actual, of the wife is requisite to an estate by curtesy . . " iiL 337
SEIZURE.
SsilURB — What will amotint to a probable cause for . , . VoL L 335
When cases of, are cases of admiralty and maritime jniisdiction " 12 Probable cinse imports, made under circumstances which wananit
suspicion . . . " 13
Probable cause of, will-not exempt from costs and damages . ** 13
When a seizer shows probable cause he becomes a honStfiiU posseeaor * 13
As to justifying, upon the ground of probable cause merely . ^ 336
Articles contraband are subject to . . . ** 474 Warranty of ship*s freedom from confiscation ot^ in port frequently
occurs in policy of insurance . . . . ** 499
How warranty free from, in ports of discharge to be construed ** 503
Aft ^ the right to abandon as for total loss in case of .. . *^ MO
As to distinctions between the case of an>embargo and a hostile " - 567 As to original cognizance of district court of all seizures under the
laws of impost, navigation or trade . . « ** it. SO "Sow jurisdiction of the district of, under the laws of inq;)ost,' has
been construed . . . . . * 60
What is to decide the jurisdiction of courts if.> cases of . "60, 61 fiow the act vesting jurisdiction' in district court in certain, on
land, has been construed . ** 61 Kule as to what interest passes by, and sale of partnership property
under an execution against one of the partners Vol. IL 433, 434
Ship's crew may entitle themselves to salvage by recapturing vessel
from, made by an usurped authority . • . . YoL ii. 640
As to the duty of master in case of the capture or, of a neutral ship ** 08$
. As to, of boats and other vessels by attachment . . ** liL 97
SELF-DEFENCE.
8lLV-sxFsiicx — What civil and natural relations are comprriiende4
under the excuse of u defendendo . VoL L A4S
What must appear to excuse homicide by the plea of . . * 437 What the true criterion to distinguish homicide upon dumn^nedUjf
in, from manftlaoghter . • * 497
SELF-MURDER.
8xLr*MnBDK»— What by the Athenian law was the punishment for VoL i 427
What the law of England considers concen.'ing . " 4S7
BBNTENCE — SET-OFF.
465
SENTENCE. fiiiCTSifCB— *An execution is putting the lenience of the law in force
Of a court of competent jurisdiction annulling the marriage ab entirely removes the incapacity o^ the fimme .
Of a foreign court of admiralty condemning a ship or goods taken as prize .....
What must be produced to make, of a foreign court of admiralty available . . . I .
Upon what the effect of. of a foreign prize court is founded
How, of foreign prise court to be regarde<l ' Of restitution is not less conclusive than a sentence of condemna* tion
Of a competent court proceeding in rem is conclusive with respect to the thing itself ....
Foreign, of condemnation as good prize is not conclusive that the title to the property was not in a subject of a neutral nation
No tribunal of a coordinate jurisdiction can examine, of another competent court proceeding in rem
As to inquiring collaterally into the validity of, rendered by court of competent jurisdiction ....
An appeal suspends, altogether in admiralty causes
Rule as to the effect of, in cases of concurrent jurisdiction
What sufficient to authorize, of nullity for physical incapacity
Efiect of, of a foreign marine court in case of collision
On a conviction for murder will be illegal if omitting to order where
body of prisoner should be buried . . Vol. iii. 183, 183
A prisoner who has pleaded guilty to charge of felony and upon whom, has been passed cannot afterwards be allowed to re- tract his plea .....
As to the necessity of producing the record of conviction to enable court to pronounce . * .
To sell the dead body of a capital convict for dissection where dis- section is no part of, is an indictable offence .
SET-OFF. 8kt-off — General rule as to what i^ necessary to constitute the right of Vol. ii. 565, 666
Vol i. 381
« 200
« &13
« 513
« 513
« 513
« 519
10
10
10
42
62,03
147
684
205
** 284, 285
330
Rule in equity as to allowing
Rule as to setting off judgments ....
Rule as to setting off costs ....
Rule as to setting off unliquidated damages
Rule as to< setting off joint debts against separate demands
Rule as to. in cases arising under the laws of the United States
507
569
« 071
571
"571,072
"572,573
Vol. Ii. 574, .'•,73, 576
What tbe^general rules of the civil law as to As to a^ent binding principal to allow on the part of purchaser Vol. i. 24
Notes deposited in bank for collection are a special deposit and the defendant cannot oppose any, against depositor's demand lor thorn . . . " 136
The statute of limitations is a good replication to v. .;lea of . ** 120
Matter of. is not considered as payment but shot : be pleaded or
notice thereof given . ** 484
5f*
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YoLiL |
571 |
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ti |
97 |
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tt |
295 |
466 SETTLEMENTS (MARRIAGE, POST-NUPTIAL, VOLUNTABt) ^SHERIFP.
8BT>orF — Unliquidated damages arising from torts cannot be .
As to the right of debtor to, any demands against assignee which
accrued aAer notice of the assignment As to setting off a note not due at thO'time attachment is laid As to bills of an insolvent bank being allowable in, against the bank Plaintiff cannot make a set-off to a set-off pleaded or given in evi<
dence by the defendant . . . . " 301
Ab to plaintiff reducing the amount of, by showing an error in the
settlement . . , . '^ 301
. SETTLEMENTS (MARRIAGE). SxTTLXMKicTS (Mauuaor) — Rule as to the tapacity of parties to rescind VoL ii. 157 The most favorable exposition will be made to support the inten- tion of the parties in . . . • . ** ] 57 Iniants may contract by . . . ** 157 If not recorded within the time prescribed by law they are void . ** 159 Deed of, executed before and recorded after marriage is conclusive
against creditors ....** 159
Rule as to mistakes in . . . "' 160
What must occur to render an ante-nuptial settlement fraudulent
as to creditors ... . *^ 160
SETTLEMENTS (POST-NUPTIAL). BBTTLSMBnTs (Post-nuptial)— Rule as to the validity o^ made in
pursuance ofan ante-nuptial agreement . . VoL ii. 161, 169
SETTLEMENTS (VOLUNTARY). 8xTTLKMEif T8 ( VOLUNTARY ) — What effect given to, as against the grantor Vol. ii. 162 How, are considered as to creditors . . . ** t63
General rule as to decreeing the specific execution of mairiago
articles in favor of volunteers . . . ** 163
. SHERIFF. Shxexff— What are the duties of . Vol. n. 577, 578
Rule as to the right of to become, purchaser at a sale by himself ** S78
Rule as to the liability of, for taking insufficient bail . ^ 578
How far, is liable for negligence in the execution of process . ** 578, 579
How far, is liable for acts of his officers ... * 579 Rule as to the measure of damages to which, is liable for the acts
of his officers ... . . ** 580
Rule for assessing damages in cases of escape *' 560
Rule as to the authority of deputy . . • . " 581 Rule as to authority of; to break open doors ' . Vol. ii. 581 — ^iii. 31, 33 An action for damages lies against, if slave sell for less money on
accountofany neglect to perform his duty . . Vol. L 11 What if; take a promissory note in satisfaction of ca. »a. and discharge
the defendant . . . . . ** 116 / J( or other officer takes a bond as a reward for doing a thing it is
▼oid . . " 150
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LUO |
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160 |
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193 |
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296 |
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309 |
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311 |
8HBRIFF (continued). 4W
•■»«rFF— A note given to, on an arrest in lieu of bail-bondls void
And jailer are placed in napect to debtors in custody under the.
same responsibilitj as carriers . ' . H neglects to return an attachment by the return day an attach- ment may be issued against him To what time back a sheriff's deed relates A deed indemnifying, for failure to return an execution is void As to passing the estate by a sheriff's deed An ejectment will lie for anything attached to the soil of which,
can deliver possession ....** 387 As to competency of deputy in an action against, for escape of
prisoner . . "348,349
Parol evidence is not competent to aid a defect in sheriff's return . 379
The suing out execution and delivery to, may be prove'd by parol * 380
How, may proceed if a ca. za. ?LndJi.fa. issue on the same judgment ,
and at the same time . . , "381
Effect of plaintiff directing, to put off the sale of property taken in
execution tod day after the return day . . * . " 383
Where goods are obtained by false representations the vender may
claim them even in the hands of , . . " 406
Sales by, are within the statute of frauds , "411
Cannot lawfully kill those who barely fly from the execution of any
civil process ... 1 , *« 428
As to obliging, to show his precept . . , /» 445
When judgment against, will be held conclusive in respect to the
sureties . . . •* ii. 17
Judgment ' against debtor is conclusive against, in an action for
escape on metne process as to the amount of the debt . ** 17
How purchaser at sheriff's sale takes the land . "23
Judgment entered against, under a mistaken opinion of the clerk that
bail piece was insufficient is relievable against in equity . " 24 As to the right oi^ to make a second levy where a sufficient levy is
once made . . . " 28
Rule as to the right of, to sell property for the purpose of collecting
his fees .... . ** 28
There is no lien on personal estate as to third persons until ajf!./a.
has been delivered to . . . . . " 111
As to when statute begins to run in the prosecution of sheriff's bail " 122 As to prejudicing the rights of mortgagee by, selling mortgaged »
premises . v . . . " 20«S
A fair purchaser at a sheriff's sale under a contract that he may
redeem holds as in a mortgage . . . . ** 211
A ne (mat regno is directed to . . y . . ** 263 »
Is answerable for the sufficiency' of bail which he takes upon a writ
ofnetxiat "264
As to granting an injunction after execution to stay money in the
hands of . "340
Where a bill prays for an injunction to restrain execution against
partnership effects, the sheriff should be a party . ** 341
468 SHERIFF f^CONTINVEDj.
SttSBiFF — Aa to replevin against . . . VoL ii. 544
As to, seizing partnership effects on an execution against one of tlie
partners , _ - . . ** 44^
Bule as to what interest passes by the seizure and sale of partner- ship property by, under an execution against one of the partners ..... ''433,434
Notice of the rent due may be given to, even after sale under exe- cution . . . ** 54<^
Attachment agamst. for granting a replevin of goods distrained on a
conviction of deer-stealing ..." 543^
Neither, nor defendant can sue out the writ de proprietate probanda " MS*
Is not authorized to make deliverance until aAer summons of the
' defendant, in replevin ....** 549
A writ directed to, may be served by his general or special deputy « though not particularly named . . " iu. 22
As to allowing, to amend his return . < . . ** 78| 1x8
Who takes goods by virtue of a domestic attachment is liable to the
same extent of damages as a stranger . . . ** 84
The first writ of attachment Io<{ged iti the sheriff's office has the
Arst lien on the goods of an absent debtor . ** 88
Must take the property into his actual possession on an attach
ment . . . . " 8>
As to attaciiing moneys in the hands of . . Vol. iii. 89, 90, 04, 97
Cannot take notice of the privilege of an attorney . . Vol. iii. 102
As to the authority of an attorney to permit, to renew an exe- cution . . . . • " 10^
PlaintifT^s attorney has authority to direct, as to the time and man- ner of enforcing the execution ..." 10<|
An agreement between two or more to prevcfnt competition at a
sheriflTs sale is unlawful . . . « 117
Effect of pulling an execution into the hands of, with any other
than a 6owa/5(yf intention of selling ..." 149
"When, has returned to a writ of W.ei-uri fav'uu^ that he has executed
it, the court cannot award second execution . . " 21?
What, a purchaser at a sheriff's sale of personal property incumber- ed by a mortgage, will be deemed to purchase " 217
If deputy takes an instifficient bond in replevin he is guilty of offi- cial misconduct for which, is liable . , . " 23ft
Is not bound to lisk becoming a trespasser . . " 239
Ifjand the purchaser act fraudulently in the Sale of property, the
^ale Is void . • . . " 271
Selling property at auction is not obliged to attend to the bid of an
'insufficient purchtAer . , . , . " 271
What time is allowed, to perfect bail . . . , " 274
A voluntary surrender of himself by principal to. without the
knowledge of, will dis^harife bail . . . " 282
Effisctof the surrender of principal to deputy . ^ . , "' ?8iJ
Bail bonds are givei. to, and his successors in office, and may be as-
siirneil by the successor . '* 280
SHIP OWNERS — ^SHIPPING ARTICLES SHIP>\'RECK SIGNATURE. 469
SHIP OWNERS. ^
"Smn OwNKKS — How ownership of ships may h6 acquired , . Vol it 583
What the necessary evidences of ownership . Vol. ii. 583^589
How far the register is evidence of ownership . . . YoL ii. 589
Rule as to the relation of part ....** 590
Rule as to the right of part owners in controlling the emptoyment
of ship ... . . . . " 590
Rule as to the liability of part owners for damages occurring to
ship . .... . « «2
Rule as to the right of part owners to sell ship . ' • . "593,593 How £ur one part owner may bind the others for repairs and equip- age . ... . . "594
How the interest of part owners is considered as to third persons " 595 One part owner cannot take from the master » bottomry bond to
bind another's share for repairs . . ** 608
. SHIPPING ARTICLES SBirpin e Articles — What the laws of the United States have provided
with regard to . . . . . VcL ii. 029
SHIPWRECK.
Shipwreck — Damages suffered on account of running ship on shore to
avoid, belong to general average . • . VoL L 503
OS
SHIPS AND MARITIME COMMERCE.
S^ivs AMD Maritime Commerce — Law of • . VoL ii. 582—688
SIGNATURE.
fSiORATURs — To a promissory note may be proved by the report of exports Vol. L 136 A wife is not bound by a note on which the name of her husband is
written above hers, if his, is denied and not proved * " 139
A mark by a person unable to write has the same effect as . "147|40d
As to a scroll annexed to, being sufficient to make a sealed instru- ment . . . . *« -151 May be with lead pencil, according to the practice in case of hurried
business ...*." 409
If an instrument, whether it be deed or will, is required to be signed
and sealed, and is without seal or, equity will relieve . " iL 354 ^
As to liability of firm where one of two co-partners made a note
and signed name of firm and forged, of the endorser . **' 360
An erasure in a deed after the signing though in an immaterial part
vitiates it . . . . **, ilL 149
As to the attesting witnesses necessary to, of testator ** 851, 85(1
£ffectofaffixing,of subscribing witness to a note • ** 800
What must bfe shown to sustain criminal prosecution for obtaining,
of one to a mortgage by false pretences . ** 833
Subicribing witness to a note testifying to his own • * 884
470 SLANDEK — SMUGGLING — SOCAGB — SOLICITORS — SPECIAL.
\
SLANDER.
Sf«AiiDXB— Rule 16 to what amounts to . VoL il 689, 000
How the rule applies to professional characters . VoL ii. 601
Rule for the construction of words spoken . . . " 691
What plaintiff may pro vein- an action for . . . ** i. 363
ABtoUability ofaninfantfor . . " 463
Ab to arresting judgment in actions of / . " iL 2$ Ab to granting new trial in, on the ground of excessive damages . " 273
* An attachment will not lie for . . yol.iii.77,88
Verbal, of an individual is not indie tahle . " 312
As to distinctions between verbal and written " 46S
SMUGGLINa flMVOQLiMG — Rule of the commercial law as to the validity of a policy
upon, vojrages ..... VoL L 481
As to the liability of underwriters where the master is guilty of . ** 543
SOCAGE. SocAGS— Guardianship in x^ . . Vol. i. 423
As the common law rights belonging to the guardian in . " 425
SOLICITORS. Solicitors — General Uen of, upon client's papers for balance of profea
sional accounts ..... VoL i. 5Q
Rule as to the admission of^ to give testimony of matters in which
they have been professionally engaged . . ** 353
As to a state appearing by special . • " iL 31
As to creating a lien upon title deeds by delivering them to . ** 113
As to overhauling judgment obtained by, against client for security
for costs ..... VoL iii. 102, 126
Shall not be req^red nor permitted to divulge any matter commu- nicated in professional confidence . VoL iii. 110 As to requiring father and son who are dealing with third persons,
to act by separate •...•« 438
SPECIAL.
SpBOlAL — ^Agenl may waive his right of lien by, agreement . . VoL L 47 Action on the case against an att9mey for assuming to act when he
had no power . , . ** 44
PisUnctions between general and, agents VoL L 21, 22, 35
As to putting in, bail by defendant on bringing writ of error . VoL i. 102
A contract is either, or parol ....** 199 In Action brought on specialty, the defendant to avoid contract on
the ground of usury, must set forth the matter in, plea . ** 249
JiMtp, limited jurisdiction of courts in the probate of deeds .. " 309
As to, demurrer . " 314 As to bringing an action against ev9^tors or administrators upon
any, pnmist ....." 406
SPECIALTY — 8PECI FlL.
471
Sfioial — Aathority to arrest under a precqyt Vol. 1.440 If scleral persons come together at an inn and dine there without,
agreement with innkeeper, each is liable for the whole bill ** 466 Judges having, jurisdiction are sucfi as have an exclusive jurisdic- tion in certain cases pointed out by law ** ii. 99 Fihng petition for removal at the time of entering, bail is in sea- son though the bail may have been excepted to . . ** 51 Liens are divided into general and '. . ** 113 The statute must be pleaded specially in assumpsit . " ' 123 As to, mortgages . « 173 Ab X6 pawner being entitled to compensation unless there is, agree- ment . . . . . ** 307 Partner? are not to interfere in the management of the business " 443 Effect of payment of money into court on a count which states,
contract . . . ' . "474
When, plea of noneity^um maybe rejected on motion .. . ** 478 Scire facias against, bail ....** 561
AJB to the master's, property in the ship . . , "• 612 A female charged with being a prostitute may maintiGn action of
slander provided she can prove, damage . • ^* 690
An attachment must state the nature of demand specially . " iii. 92
As to attorney releasing witness without, authority from client ^ 105, 107
Demurrer will perform the office of general demurrer . ^ 143
Effect ofthe delivery of a declaration in chief before, bail ^. *' 274
As to proceedings against, bail . . * . ** 275,276 If plaintiff swear to, damage though he do not specify the amount
the court will hold to bail . . . . " 279
Liability of carrier for loss if he makes no, acceptance . " 309
Declaration* in action for conspiracy need not allege, damage ^ *' 314
What vender is entitled to on {i decree for, perfonoance of contract '* 414, 41 5
SPECIALTY.
Sfbgi ALTY — As to pleading nsuiy to an action of debt on . Vol. L 249
As to the assignment of . . • • " iiL 58
SPECIFIC.
SFici7ic — Injunction granted to restrain the alienation of, chattels VoL i. 464
What the general rule as to decreeing execution of marriage arti- cles in favor of volunteers . . . ." 11. 163
Rule as to, lien of ^partner upon partnerrfiip property ' *' 324
When courts of equity will enforce, performance of covenants be
tween partners ..... "329.336
As to claimants right to interpose where, property is levied upon
as the property of an absconding debtor ' . " ilL 01
Suit by vender to compel, performance of a contract for the purchase
of land . . . . . . « 239
Where vender has not been guilty of gross negligence in perfecting
his title, equity may decree, peiformance . ; * " 240
A promissory note not payable in cash or, articles is not negotiable. " 335
472 BBSCmC AND PECUNIABT LEGACIES — STAMP-*-8TATE COURTS.
Sfxcific^Ab to court of equity decreeing a, delivery of chattels Vol. iii. 346|347
A parol rescission of written contract may be set up in equity in bar
to an ^jplication for^ performance Vol. iii. 423
SPECIFIC AND PECUNIARY LEGACIES.
Sfscifjc and Pecuniary Lkoacies — What is a specific legacy . VoL iL Si What the general rule as to pecuniary legacies . , '^ S5 As to whether lands specifically devised, may be sold for the pur- pose of paying specific legacies . ** 80 Given in lieu of dower or other claims on testator's estate, are ex- empt from contributing towards payment of debts • '^ 91 Rule as to abatement of specific legacies . ^ 91 As to selling specific legacies ....*' 168
STAMP. Stamv— Where a biU was accepted upon an undertaking to give up a guaranty it was held that the latter might be given in evi- dence although not stamped .... VoL iii. 134
STANDING BY. Standing by— Effect of^ and permitting another to build on his land,
without notice as to the right of proprietor of the land . VoL iiL 340
STATE. Stats — How process may be served upon a . . VoL ii. 31
How a state may appear . ** 31
STATE COURTS. Statb CotJETS — As to what is provided in regard to the appellate juris- diction of supreme court of the U. States over judgment of VoL it 39
Rule for removals from, by parties claiming titles to lands under
grants from different states "33
Creneral rule as to the concurrent jurisdiction of, and federal courts
in civil matters . • ** 61
Rule as to the power of, to grant writs of habetu corpus . ** 69
Role as to the obligation of, to entertain jurisdiction of matters
cogmzable under laws of the U. States '. • ** 69
STATUTE OF FRAUDS.
Statitts OF Feauds — To what cases, only applies . VoL L 408
What, declares in prevention of actions, &c. . • ** 408
What a sufficient writing to come within the compliance of • ** 400,410
Sales by a sheriff are within' ... "411
STATUTES OF LIMITATIONS.*
BTATtTTES or LIMITATIONS — In what, have tfceir origin . • VoL iL 115
; What character of posses^n necessary to vest a right by . * 115
How, are eonsidernl in equity .... * 110^ 116
STATUTES OF LIMITATIONS (cONTXNUED) 473
Statutss ov LiHiTATioNa — Role as to a bond . . Vol ii. 118 Aa to what fiicts are sufficient to constitute an available adverse
possession . , . . . «* 116, 117
Rule as to adverse possession between landlord and tenant . " 117
How the possession of an agent or bailee is held . . " 117
How the statute is applied to cases of dower . ^ 117 Vfhen the statute is a bar to a demand by one tenant in common
a^inst another ..... "117,120
Rule as to tacking possession so as to raise a prescription . " 118
Rule as to banking corporations . * . . . ** 118
General rule as to trustee and cestui que tmst . . ** 119
Does not bar a technical trust created by contract . ** 119 Statute does not run in case of voluntary conveyances void against
creditors . * . . . . . " 119 As to a trust for the payment of debts in a will of personal estates
preventing the operation of . . ' . *' 119
Is no bar to a widow's claim for dower . . . ** 119
How the statute is applied to merchants' accounts . • " 190
Construction of the words " beyond the seas" in the . . ** 131
Greneral rule as to when the statute begins to run • "121 When, commences running in favor of sheriff in an action for not
duly returning a writ . . . • *' 123
Rule for running of, in actions for negligence or mistake . " 133
Rule as to promissory notes payable on demand . . ** 123
Rule as to sureties who pay for their principals . . *^ 123.
When, commences running in cases of usury . . • "123,124 Rule in cases of fraud or mistake ..." 124 Causes which arrest or suspend the statute . . Vol ii. 124 — ^1281
How prescription to things may be interrupted . • VoL ii. 134
What the effect if there be error in the process . . " 139 General rule as to reviving an obligation barred by statute by an
acknowledgment or new promise ..." 125 • Doetrine as to the effect of the acknowledgment of joint debtor . " 126 ' Rule as to the effect of a devise to avoid the statute " 127 What is the rule in equity as to the plea of . . . " 136 Rule as to the effect of an acknowledgment of an executor or ad- ministrator . . " 130 Rule as to the effect of fraud in preventing the statute from run- ning . . . 4 . "197,128 What is necessary to allege in the declaration where it is intended
to avoid the statute . . . . *< 138
Rule as to the plea of . . . ** 138
Rule as to replications ... . *< 139
In what Ught, are generally looked upon . . • ** 139
Rule as to, of foreign countries and sister states . . ** 130 Rule as to the running of the statute where there are two or more
interested ** 130, 131 Nothing short of, or payment or release or an express declaration of
holder will discharge the accepter . " L 74 60
474
STEALING — STIPULATION.
Statutes of Limitations — Effect of a plea of, in chancery
Is a bar to an equitable right by analogy when fCt law it would
operate against a grant ....
A written contract by executor to pay debts of testator barred by,
is without consideration .... Mortgages are not within the statute .... Is a good bar to a bill for an account How plea of, is only admitted in equity What are the forms of pleading .... A stipulation not to plead, may be used in support of money counts Plea of, will not be allowed on motion in place of plea of pajrment Fraud when relied on as an answer to, cannot be presumed but
must be clearly proved ....
The statute may be pleaded to an action of adultery or seduction To prevent the operation of the statu te part payment must be proved Ai to verbal acknowledgments within six years of payment being
sufficient to take the case out of the statute . • Courts of equity in many cases prevent the bar of the statutes Against sheriff for taking insufficient sureties in replevin, when
commence .....
Garnishee's right to defend himself by What net necessary to take a contract out of the operation of
STEALING.
Stbalin o — The K>ss of pawn by theft is evidence of ordinary neglect
Warrant for the payment of money is felony
As to allowing prisoner who has pleaded guilty to a charge of, and upon whom sentence has been passed, afterwards to retract his plea, and plead not guilty ....
Vol. i. 193
« 190
" 215 " iL239 « 343 « 344 "480,483 « 481 482
'* 482 " 483 " iii. 212
" 214
236
*< 429
429
Vol. iL 230 *" iiLl6$
205
STIPULATION.
Stifulation — As to agent's waiving his right of lien 'by express VoL L 47
The lien of (actor is destroyed when he makes an express, on re- ceiving the goods, to pay over proceeds . . . ** 49 To waive notice does not waive the necessity^of a demand **• 88 Money advanced under, for a bottomry bond . . . ** 152 As to the effect if no attempt is made to enforce . ** 152 When a written contract is to be proved by parol nothing vague concerning its, ought to supply the place of the instrument itself . . " 3T7 'Rie statute of frauds only applies to agreements which are by ex- press, not to be performed within the year . ** 406 What warranty amounts to, that the trade in which the insured
shall f'ngage shall be lawful . . ** 509
As to the effect of, not to take but execution against the body or
personal property of defendant . . • ** ii. 22
In a lease to guard against loss by fire . * * 70
Vested rights in virtue of marriage may result from express . "151
STOCKHOLDERS STOCK — STOLEN GOODS — STOPPAGE IN TRANSITU. 475
Stifvlatzoh — How, to account is construed
In the absence of any express, a majority of the partners must de- cide as to the disposal of partnership property
Several partners entering into partnership under, not to engage in any other busid'ess ....
Rule in the absence of all, as to the rate of interest each partner has in the partnership funds . ' .
As to the remedy for violation of any, in partnership articles .
Persons are answetable to the world as partners if they participate in the profits of a trade, although they stipulate not to be partners tn/er M . . . t
That a person shall appear as partner but shall be liable to no loss
As to the liability of firm if purchase by one partner be con- trary to .....
As to the effect of a partner retiring from firm under, of indemnity
Effect of^ not to plead the statute of limi^tions
The rent charge, although stipulated to be perpetual, is redeemable
As to ship with its furniture and freight, and the cargo, being bound to, of the charter party ....
A representation in the nature of, for future conduct on the part of the insured must be inserted in the policy
A partner without, to that effect is not entitled to compensation
A power to bind co-partner by deed is not a, of the partnership
VoL ii. 316
** 3ia
•314,31*
" 325 « 33a
*" 349, 346
a 349
« 353 u 437
•» 481 « 533
" 614
« iii. 413 a 441
« 443
STOCKHOLDERS. Stockholdbbs — In an incorporated bank are considered as partners . YoL li. 328 As to the liabilities of, in uc'ncorporated companies . « ** 403
STOCKS. Stocks — To bring a note within the statute it must be payable in money
and not in, funds, or current papei . . Vol. iii. 334
STOLEN GOODS. Stolbh Goops — As to the liability of an auctioneer for selling
STOPPAGE IN TRANSITU. Stoppaob iw tbansjtu — What the nature of As to who may exercise the right of
VoL iii. 270
. Vol. ii. 679 X « 680
STRANDING. Stbandtno — What understood by, in a policy Vol. i. 551 , 553
Rule for contribution in the case of voluntary, of ship for general
benefit . . . ^- . . •* 561-^6
SUBORNATION OF PERJURY Svbobnatior of Pbbjtjbt — Is an offence which incapacitates from giving evidence in courts of justice
SUBPCENA AD TESTIFICANDUM. Bvbpcbha ad TBSTiFioiMDUK — Writof, compels witnesses to attend
VoL 1 347
YoL L 343
476 SUBSTITUTIONAL LEGACIES — SUNDAY — SUPERCARGO — SUPBRSBbKAS.
SUBSTITUTIONAL LEGACIES. SuBSTiTiTTioMAL LEGACIES — In vhat cas€s legacies will be deemed Vol. il 93
Principal rule by which to ascertain whether a legacy is cumuktive
or substitutional . . . " 09
When a legacy is substitutional as to persons • ■ . " 03
. SUICIDE. Btrioxos — As to presuming insanity from the act of . . . VoL iii. 199
As to the effect of; upon policy of insurance on life . Vol. ill 200 — 203
As to trying a persoa for inciting another to commit . ^ , 240,241
As to the liability of underwriters in a policy of life insurance in
case of . . . . , Vol. liL 413, 414
SUNDAY.
SviiDAY — Where note falls due on .... Vol. L 00
As to note payable in specific articles due on . . " iiL 133
As to arrest on, in general . ' . . ** 40
Piivilegeofbail to take principal on . . . " 276
SUPERCARGO. SumoAaao— When the character of agent and, is forced upon the mas- ter by general policy of the law . Vol. ii. 602
SUPERSEDEAS. Supersedeas — When courts may award .... Vol. Hi. 88 As to reviving, to an order quashing an execution against representa- tives of one of two defendants ' . . .V(^. 1.313,383 As to the effect of a judge^s order for . . ? VoL ii. 124 When debtor shows that he had not absconded, or was not con- cealed, with costs will be granted . ** iiL 84
SUPPLEMENTAL BILL. Supplemental Bill — General rule as to allowing a re-hearing upon
the filing . . ' . VoL iii. 235, 939
As to introducing matter which occurred subsequent to the filing of original bill, without .....
SUPRA PROTEST.
SupEA Peotest— What is an acceptance .... By whom and in what manner acceptatice, may be made The accepter, must cause a formal protest for non-pajrment to be
made beibre he payS the money . •
What the obligations and rights of an accepter
SUPREiME COURT.
8upxBMS Co UET— Judicial power of the United States vested Iq •
Appellate jurisdiction of, to revise and correct judgment of stale
oonxts • • - • ' •
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Vol. i. 199 |
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68 |
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8UPRBMB COURT (CONTINUED).
477
BvjnxMB Court — Decisions in, as to agenU
Yol.i.54--60
Appeal to, quashing inquisitions in the nature of a v/xiXadquod
MMWUin • ■ • • •
Decisions in, as to carrier's liability
Decisions in, relative to assignment of notes by foreign executor in foreign country ....
In what cases, have exclusive jurisdiction . , • •
To what course practice in conforms .
As to authority of, to declare state laws void
How, process may be served upon a state
How state may appear in
Upon what appellate jurisdiction of, depends
Writ of error to remove cause from circuit court to . ■
Rule as to appellate jurisdiction of, in criminal matters .
Appellate jurisdiction of, in criminal matters
Appellate jurisdiction of, over judgments in slate courts .
What understood by final judgment or decree of
Different modes of exercising appellate jurisdiction of
Nature of judgment necjbssary to sustain writ of error from
Rule in, as to matters within discretion of court below . .
Rule in, as to the value of matter in dispute
effect of consolidation of demands to give jurisdiction to .
Difference between writ of error and an appeal to
In what cases, may exercise jurisdiction by fuAeat eorpm .
To what appellate power of, extends
Authority of^ to issue mandamut , . Vol.
Rule as to criminal jurisdiction of
In what cases, may issue certiorari . .
As to removals to, by certificate from circuit court .
Writ of error from, to circuit court
Appeals to . • «.
Rule in, for the construction of statute as to lien
Decisons in, as to vender's lien ....
Will not control discretion of circuit courts
Quashing an appeal for defective appeal bond
judgment in common pleas may be set off against one in .
Rule in, as to abatement of writs on the death of either pany .
Adjournment of .
Affirming judgment of circuit court on writ of error .
General power of debtor to make assignment, recognized and ap- proved by .
Decision of trustees reviewed by .
Requisites to the admission of attorneys ami counsellors to pzae tice in .
Privileges of attorneys and counsellors of .
Attorneys or counsellors of, when parties to suit have no privilege as to venue ....'•
Counsellors of, privileged from arrest though not in actual attend* ance . . . . .
ii
16 ISO
393 30 31 31 31 31 31,32 32
« 32
«« 32-38
« 3S
" d»
«* 39,40
« 40
« 41,42
" 42
« 42
"43,44
« 43
i. 44, 13S, 139
Vol. ii. 44, 45
Volii. 45
« 54
" 54
56
« loe
« 184
« 265
«« 275
« 670 « ill. 13
« 29
a 29
« 60
« 83,84
"100,101 " 103
" 103
« 105
478 SURRTY. ,
811FBBM K Court — When will not disturb adjudications made by court
below ..... Vol. iii. 223,224
Jurisdiction of, to bail persons committed on criminal charge . Vol. iiL 283
I Decisions of, as to notes issued by banks being bills of credit . " 287
Decisions of, as to punishment for contempt . . J '^ 324, 325
When, bound to conform to decisions of state courts . **■ 429
SURETY. Sir KSTT— General nature of ... . Vol. ii. 602— 69B
What necessary in the English and American law, to render the con- tract of, or guarantee obligatoiy . . . Vol. ii. 692 What the nature of a contract or guarantee . . " 693 Rule as to the necessary considerations to support contract cf
guarantee ..... Vol. ii. 604 — 696
How far contracts of, are affected by the statute of frauds . Vol. ii. 696
As to the liabilities of sureties .... Vol. ii. 698—700
Rule for continuing guarantees . . . ** 700, 701
Rule as to what conduct on part of guaranty, will invalidate the con- tract * . . . . . Vol. iL 701
As to the discharge of sureties .... Vol ii. 701 — ^706
How sureties may be discharged .... Vol. ii. 701
Rule as to the ^scharge of^ by giving time to principal debtor Vol. ii. 702 — 705 As to the rights and remedies of sureties . . **
Rule as to the rights of, against his principal \ General rule as to the rights of, after he has paid the debt Rule of the civil law on this subject
Rule as to contribution between sureties . .
What the effect of a discharge of one, upon the liabilities of his co- surety ......
May pay the debt of his principal to relieve himself .
What will discharge .....
If a man put his name on the back of a note not negotiable, the
presumption is that he meant to become, for payer As to, on a note having the same liability with an endorser An endorser on accommodation note is merely a surety . Neither principal nor, is liable beyond the penalty of bond Effect of an agreement by, to forbear suit against his principal A bond obtained by duress may be valid against, though void
against principal . <* 335
An agreement to become a guarantor or, for another, is an engage- ment within the statute . . . . ** 416
As to varying the contract of guaranty . . . ' '* 417
Is not bound beyond the extent of his engagement . '^ 418
A neglect of the principal to prosecute the debtor will not discharge ** 418 A judgment against sheriff is conclusive in respect to sureties . * ii. 17
Effect of giving a mortgage to one of several sureties ^ 25
Rule as to the running of the statute where, pays the debt of prin- cipal . . " 123 Rule as to the rights of the creditor where debtor has given collate- ral security to his, as an indemnity . • . * 170
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705 |
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707 |
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708 |
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i. 17 |
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69 |
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U |
137 |
|
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143 |
|
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145 |
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149 |
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221 |
SURPLUS — dURRENOEB — 8URR00ATB6 479
SiTBXTT— A plaintifT in replevin cannot regularly declare until the writ
be returned with the n^mes of sureties annexed . . VoL ii. 549 As to the right of, to oppose the compensation of what creditor
owes, principal debtor . . . . ** ff77
As to right of debtor in failing circumstances to prefer . « ** iii. SO
When obligee may proceed against, as an absent defendant . ^* 93 -
An attorney can do no act that will release, to his client's prejudice ** 101
An appeal bond is good against, though not executed by appellant . " 119 As to relief in equity against jud,<mient at law upon guardianship
bond against guardian and sureties . . . " 145 As to the liability of, in the official bond of an officer whose ap- pointment is annual . " 231 Bail are regarded as . *' 283 Efiect of one of two sureties giving collateral security for payment
ofsthedebt . . . . . " 310
The relation of principal and, continues after judgment . ** 416 Where notes are signed by three persons for a joint debt, each is a
principal for one-third and co-surety for the other two-thirds " 455
The sureties on a bond are liable for all that the principal is • '* 475
SURPLUS. SuxvLtJS — As to the right of plaintiff to remit, damages . Vol. ii. 26 Executors are not accountable to distributees for the acts or re- ceipts of each x>ther, as to the undivided . • . ** i* 389 As to attaching, money in the hands of the sheriff . . 'V0I. iii. 90, 123 In the hands of late sheriff arising from the sale of lands sifter
payment of ail executions may be attached . • YoL iiL 97
SURRENDER.
SuBXENDBs— How s Corporation aggregate may, charter and dissolve itself VoL i. 283
Of principal by bail may not be shown by parol . " 380
Bail may depute another to take and, their principal • * ** 440
As to determining lease by . . ** iL 73
What will amount to, of a lease . . ** 73 Rule as to the-right of patentee to, a defective patent and taka out a
new one . , , . • 459
As to the right of sureties in attachment to, their principal • ** iiL 90 Time will be extended to bail if the principal be imprisoned In tn-
other state to, him after he is enlarged . . . ** 280
How, of principal may be made in New York ** 281
As to, of principal while action is pending . . *< 289
Ofprincipal to deputysheriffjis no discharge . " 265
SURROGATES.
SuviooATKs — Guardians appointed by, are under the control of court of
chancery ...... VoL L 424
As to, requiring executors to give security . . • " iiL 155
4S0 TICKING — TALES DE CIRCUMSTANTIBUS — TAXES — ^TKCHNICAU
TACKING.
Tacking — What is understood by, mortgages Kale 16 to the right to, a subsequent debt . Rule in the United Sutes as to the right of How was the doctrine of, considered in the civil law As to what expenses may be, to a mortgage
TALES DE CIRCUMSTANTIBUS. Talks pb Ciboumstaictibus — In a jury trial when may, issue
TAXES. Xaxbs — As to collector of . . . Vol. i. 29ft— il
As to a covenant to discharge all . As to charge of, to a mortgage Relinquishment of land for the . As to property taken hy warrant for the collection of When defendant may plead payment of . As to o Acial acts of collector of As to, on a patent of land As to the liability of a Unit^ States officer to pay . Vol
TECHNICAL. Tbohmical — What is insolvency in a, sense
Rule as to the quantum of damages that may constitute, total loss
As to the origin of, total loss
How, total loss is terminated
As to circumstances that constitute a legal or, loss
Right to abandon ship for, total loss
When a partial loss may be converted into a, total loss
As to, exemplification of a record
As to, words of a devise
When statute does not bar a, trust
As to a, foreclosure of mortgage
Where the old, rules of the common law prevail
As to, rules governing partition . , •
Definition of navigable rivers . .
As to the, definition of a trust J As to, rules for ascertaining the intention of a testator
Revocation of a will upon, grounds
TENANCY. TWAWOY— As to, by the curtesy
When tenant may make a sub-tenancy
As to corporeal service incident to the
As to the, in common of part ownership
Wfien there may be a partnership as well as a co-tenancy
As to a, by the curtesy created by the act of the law
As to, by the curtesy under the English low
At to, by the curtesy in South Carolina
Vol. u. 17J>
174
" 177
« 177
" 178
VoLiL 63
138— iii. 138 VoLii. 72 •* 178 « 512 « 544 « 547 « iu. 13f « .450
iiL477— 483
Vol. i. 4M
•• 543
« 544
•* 544
« 545
" 646
« 548
•* ii. 14
" 84
« 119
« 303 215
« 2d4
« 550
•* 709
« 720
^ « T26
Vol. 1. 329 « ii. 69 532 « 592 «* 593 *< iu.336 « 336 « 837
TRNAKT8.
4Sl
TsKANOY^Pra^tied in caMs of, by the curtesy . Vo!. iii. 887
Rule as to what will enable a husband to claim a, >y the cut ^ly . " 429
A, at will or from year to year how determined . " 48^
TENANTS.
TsiTAifTs — Neglect of agent to enforce the payment of rents from . Vol. i. 42, 46
When coparceners will be, in common . . ** 271
Resemblance of coparceners to joint . . . • *'' 271
How coparceners difler from joint . . « . oi* ^
Action of ejectment by tenant in common against his co-tenantg . *^ '837 ' As to ejectment by joint ....** 337
When the burden of proof is thrown upon the . . " 338
As to, as defendants in ejectment . . " 33ft
Effect of a disclaimer on the part of a • . . ** 341
As to a, by the curtesy . . . . • " 400
Right of one, in common as to his co-tenants . , . ^^ 469,475
f^ectment against, in possession . . • . '* ii. 51
Right of, to make a sub-tenancy . • . . ** 69
A8toa,atwill . ... • "69,207
As to a, at sufferance . . . . . *' 69, 207
Rule as to, right to assign his Jease . . ^ • , " 69
Rule as to, right to dispute the title of his landlord . . m rra
As to the lease of a, for life • . "71
As to a, who has refused to quit the premises . • . <* 73
When, abandons the premises . . . . "72
As to a surrender by . . . . " 73
What will amount to a forfeiture by . . . "73
As to a bequest to children at the death of a, for life > . . " 78 Rule where legacies are given to three or more persons as, m com
mon . . . ' . . . « *<^*90
As to a demand by one, in common against another, in common " 117
When the statute does not run in favor of one, in common . " J 20
Liability of a, holding under a lease from mortgager . • " 185
As to, of mortgagee who has absconded . . . " 186 Mortgager is, at will sub modo ....<< 207
Right of, to insist upon a redemption . . . • " 210
As to an estate of, for life .... "237,238
Where a mortgage enters into u t» lifetime of a, for life . . « 240
Right of, in common to join in action lor a nuisance , " 280
LiaHilfty of one of two, in common for a nuisance . . " 280
Where ]>artition is aske \ by a. for life . . , , « 2P5
When part owners of a ship are, in common . , . "304.305
When partner must find a . . . "309
As to the relation of joint, ]>ptu-.^c • partners . . « 319
Astolindsheldasjoint, bypj.tx . . . , « 821
Con*. e/anctMo partners ijs. ill '" <iM . , - « 323
WhP"M>iP, i'l commoM of ;> v; -^y . , « 345 As T'^Ji \'.>iliiy foriiki'i;: rwl t ■. j^- '" / I'O by one of ♦wo joint ** ''4ft
Whri pvil ownersof pro u^-^' i ^ a$, mommon , ** ~57 Ul
4B2
TENANTS — TENDER.
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Tin AHTS-^As to joint, without the right of Burvivorship , Whenr assignees become, in common . When representatives of partners become, in common When a partner becomes, in common with vender When the creditor of one partner becomes, iii common with the
other partner ....
Where a, in fee settles his estate on others As to a, for life of trust moneys with a power, &c. ^ . Where a party who has the power is himself a, of the freehold As to a, for life with a power to giant leases Where the remainder-man dies before the, for life As to the severance of the jointure between two joint, for life As to rent service where the, held his land by fealty Rule as to the liability of a, for rent where the premises are foitui
tously destroyed Will a court of equity grant relief to, against the claim of the land'
lord for rent Liability ofj where the premises were destroyed by fire As to rent where the, is turned out by the act of a prince As to rent while the, has not had the enjoyment As to the release of part of the rent to Where the goods of a, ftre takeik itt execution Action of ejectment against, for non-payment of relit As to one distress for several years* rent where, has b leaM Effect of a suspension of proceedings at the request of As to set-off of costs against improvements of As to obligation of a feudal . When part owner is a joint, in a ship Property held by tlie debtor as, in common Iftbw is a lease between landlord and, to be construed , Where a, agrees to pay rent and makes no resertation As to a conveyance by a, by the curtesy . As to the heir apparent of a, by the carteay Practice in cases o^ by the curtesy Who may be a, by the curtesy Bill by a son, in tail in remainder to set aside a lease Bights and liabilities of a, for life Rights, &C., of a, at will As to, in common of an estate in fee simple
TENDER.
TiiiDBE— Effectofa,toanagent . . . • V>M
As to a, of the notes of a bank in payment of a note which the bank
i-_ J J? ^ % tt
534'
^ 534
" 533
» 535
» 536
* 937 '538^0 '« 538 » 539 » 539
■* ina
" 575
■* 593
"iM 83
« 205
« 205
» 336
« 337
» 337
' 337
•^ 438
« 483
* 483 •^ 605
29
had discounted When a party is bound to, the money When hank notes are a good As to what is equivalent to a «
As to a, on a usuriouf mortgage . Remedy on a
71
VoL i. 127— iii. 130
. Vol. i. 302
** « 211
" 233
TSREMENT — TENURE — TBRHINV8 OP VOT AQB-*TERM»— -TEERITORIES. 483
Tbii;db»— l¥hen no, need be made before bringing action Vol. ii 233 Where a pledge may be attached and sold by a creditor without
making any . . . . ** 234
When mortgager may pjevent foreclosure by, of performance . ** 237
As to a plea of) before suit brought . . * ^ ** 473
When a, is good where a note falls due on Sunday . . " iiil 133
As to a, of a debt secured by a mortgage after the day of payment . " 219
When sheriff is not bound to act, if indemnified by a 230
When there must be a delivery or, to make a contract binding 397
When, of a debt secured by a mortgage is effectual to remove the •
lien . . . . ^ . " 483
TENEMENT.
Tkkemsnt — As to recording conveyances of lands, &c. . . Vol. i. 302
Will an ejectment lie for a , . " 337
As to a grant of all the lands and, of the grantor . . "^ 415
Conveyance by lease of lands or . . . " ii. 69
As to an annoyance of the lands, or hereditaments of another " 277 As to, which are held in common ..." 280
Profit issuing out of lands and, in retribution for use . • *^ 532
Where is destroyed by an inundation . . . *^ 535
TENURE.
TxnuKE — As to, between landlord and tenant . . VoL i. 341
When a tenant disclaims the, and claims the fee . • ** iL 71
When,of office must be certain . ** 515
As to principles and policy deduced from feudal . '* 527
As to the fruits of a . . ** 528
As to the ancient doctrines of feudal ** liL 145
TERMINUS OF VOYAGE. TimMiRUs OF YoTAGB — The, determines its character whether foreign
or otherwise Vol. iii. 484
TERMS.
TiXMS — When a, for years may be limited over . . Vol. i. 322
As to the, of the royal license to an alien enemy to trade . ** 468
As to local usage to give extension to the, of a policy ^ 471
TERRITORIES. TiBmiTORiBs — Sentence of a foreign court of admiralty held in, of a belli- gerent ...... Vol. i. 412
Appeals from the superior courts of . . . ** ii. 39
Jurisdiction of admiralty over a prize Ijring within a foreign neutral ** 58
TEST. TsxT— As to what must remain the onlyv of the respective rights of the
parties . . VoLiL 30
^4 TESTAMBN^T — TERTATOR.
TESTAMENT TiaTAJiiiiT— What is a, deaned to be . . VoL i. 383-4L 715
As to nights of heirs by, under the Roman law . ^ . VoL 1 391
Effect of foreign letters . . . ' , ** 392
As to guardians whether appointed by courts or '^ 425
At what Age may a male make his, of his personal estate . ^ 461
As to granting oyer of letters . . '^ iL 41
Who have capacity to take by . • . . " 74
As to, conditions derived from the civil law . . "80
As to the right of creating a, guardian . • . " 290
Where a trust is raifeed by a lost will and . . . ** 710,7 11
Ceremonies and requisites to make a, completely valid . . ** 715
English rule as to, by in&nts . . * . ** 717
Laws of the several states relative to . . " 7J7
Whers a father on the report of the death of his son alters his . ** 724
As to letters, granted* abroad . ** 727
TESTATOR.
B8TATOR — Necessary proof in an action by executor on a bill due to Vol. L 60 When executor may endorse and the endorsee maintain an action
on the endorsement in the same manner as if made by the " 81
As to suit on a bill accepted after the death of . . *' 84
When declaration should allege a promise by executor and not by " 88
. As to written contract of executor to pay a debt of . ** 215
Where a creditor of a, gives up his security to the executor upon
promise to pay the debt , ^ 220 Where the, intended to devise a fee though there were no w^nda of
inheritance . ... . . * 316
As to what is proper to consider to ascertain the intent of . ** 317
Institution of executory devises to support the will of the . " 320
. As to competency of witn<»68 in an action byexecutor for a debt due to ^ 355
As to the mode of proving the will of . . •* 370
When parol evidence can be admitted to explain the intention pf . ** 383
Appointment of executor by ....** 384
As to disqualification of one whom the, appoints . . " 384 As to the capacity of . . ^ . Vol.i.384—Mii. 137
What if an executor die before the will of. is proved . . Vol. i. 38i
Liability of executor for debt of the . .. ** 384 Where a, directs the sale of land for which he holds a bond for a
conveyance . . . . " 3S5
Where executor deposits money with the same person that the, en- trusted . . . ** 38ft Where the. recommends a particular person to be employed " 387 Liability of administrator who sells leasehold property of the estate
of, upon credit . . . . ** 387
Where the family of, take possession of the property and convert it
:j their own use .... " "^
As to who is chargeable with the bond debts of the . . " PVl
. Asto the intention of the, set forth in the will . . . • 455
TESTATOR (continued).
485
Ts«TATOR~When executor may dispose of terms in right of the
As to what a, may bequeath . •
IVI^en, may bequeath the property of another .
Kule of the English law as to lands devised by
As to the terra *' lend*' in bequest by .
As to all of, property in England
Where a, gives to one person all his moneys in hand
Where a, bequeathed an estate to his son and in a subseqaent elanae
gave part of the same to hia daughter As to the intention of, to dispose all he might be possesaed of at his
death .....
Effect of the introductory words touching all of, estate When JJayment of legacy will be considered due at, death Where a, makes provision for a child of which his wife should be
pregnant at the time or his death As to a provision for a child in ventre sa mtrt which is afterwaxds bdrn
before the death of . . . .
As to parol evidence to show, intention relative to children . Where, gave the residue of his estate to his childien by his reputed
wife .....
As to a devise in general terms to, children When property is divisible by the will at, death As to a miitakc by, of the notnen, cognomm^pranofmn^ or agnomm of a
legatee .....
Where a, bequeathed to the two sons and daughter of A. B. £S^ each,
when A. B. had but one oon and four daughter Where, in his will gave to his betrothed aa wife, but died b«fi»e
their marriage ... Afl to a bequest of a year's wages to each of, servants over and above
what may be due at his death . As to a specific bequest by, to A., conditioned that A. shall pay debts As to a devise by, of stock in trust for life . Where a, directs his executors to pay A. B. a yearly sum as wa*
ges, &c. .....
Rule as to interest upon a legacy . . •
As to a bequest of, right in bank stock
As to a legacy to, wife of all the property she brought
As to z.fi.fa. against the estate of the .
Where a, gives to three different persons three leasehold estate%one
of which is mortgaged Rule as to charging pecuniary legacies on real estate When the legacy becomes vested at the death of When, directs his real estate to be sold, &c. . •
Where, devised real estate to A. for life, remainder to B. in fee A. bequeathed a legacy to his executors in trust to be paid to hia
son at their discretion . . .
Rule where the legatee dies before the . • •
As to right of, to prevent legacy from lapsing . «
Where, intention cannot be discerned ia thawiU • •
YoLii f» *• 73 " 73,74
« 75 ' 75 « 75
76
" 76 tt 77
77
77
78
78 78 78
79
79
79
79,80 80
84 85 85 85
85 86
86'
86
87
87 88 80
486 TESTATOR (CONTINUED).
TESTATOR — As to a cross remainder to effect the intention of
Where a, gives a legacy to a voluntaiy society, which is dissolved
before the assets are administered When specific legacies are exempt from payment of, debts When specific legacies are bound to contribute to the payment of, debto ......
Rule by which to ascertain the intention of When is a legacy substitutional as to persons As to profits or interest on bequest to be paid at twenty-one for the Interval between, death and her attaining twenty-6ne As to interest upon interest when, plainly requires it Rule as to allowing interest after twelve months from, death . « When a legacy will carry interest from the, death When a child in ventre $a mtre is allowed interest from, death . As to, intention for a legacy to be in satisfoiction of a debt As to legacy where, is indebted to the legatee When the first payment on a bequest of a weekly sum is payable As to payment of legacies within the year after, death . When, an annual sum for maintenance takes effect . . ^
Where a, jnakes pecuniary legacies a charge upon real estate As to security for debts which appear against the estate of As to ademption of legacies by advancement of portions in the life- time of • Presumption as to, intention not to die intestate A. gave £1000 to his son, and if he died before twenty-one, that sum
and the residue to go to, fanaily What held to be a lien upon the estate of . Role as to the effect of a devise to avoid the statute When the time of limitation expired before the death of Against whom may, concubine prescribe under his will . When, may protect the personal estate against debts As to joint surety of, in a bond who paid the bond after, death Where the, has given his executors power to sell any part of his es- tate they please to pay his debts As to equity rectifying mistake of
As to a legacy in satisfaction of debt . . . •
As to the intention of, relative to a devise to use Where a, gave the residue of his personal estate to his wife for her sole use and disposal, &c. ....
As to parol evidence of, intention as to relations ' .
A devise by a, of a tract of land to a son and to the wife of son, &c When children living at the death of, take vested remainders subject
to be disturbed by alter born children . . * SOS
Am to latitude allowed in furtherance of, intention . . " fifiT
Where, annexes words of explanation to the word " h^rs** • ** S38
As to the rule being controll^ by the intention of . ' . ** 039
'As to set-off against a debt due from . ^ . • *fl6fi^072
'Limits of the power of disposition by will in Louisiana • * 714
As to a will made by a, who is subiect to insanity <^ . * Tit
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YoLIL 80 |
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TESTATOK (cOWTINUBD).
487
TssTATOR— Technical iriles to ascertain the intention of . •
A, is not allowed to interfere with the rules of law - From what the intention of the, must he collected . The, mast continue seized at the time of his death As to an alteration of^ mind .... When the heir takes notwithstanding, intention to disinherit Where, conveys away an estate and then takes it hack by the sazie
instrument .....
As to the revocation of a will contrary to the intention of Where, appointed his clerk executor . . ^ .
As to a debt due to executor from estate of . Efibct of a bequest of the use of the residue of, personal estate When legacies are considered vested unless the intention of the, is
manifestly otherwise . . . ,
The bequest of an annuity is payable from, death When a legacy is held to be vested at, death A, bequeathed his residuary estate in trust for his nephew for life,&c. Where a, intending to execute a codicil signed the same lying in
bed, &c. ......
As to sale of property by executors to discharge debts ot As to cases of sale or pledge of the, assets for present advance A, gave stock to a female infant to be transferred by his executors Where, directed the interest of a sum bf money to be applied to the'
maintenance of a nephew but made no disposition of principal A, directed his trustees to invest the proceeds of his real and pet-
sonal estate, &c. . ...
What necessary that, intention should be carrted into effect . A, having left two substantial wills, the latter disposing of the whole
of his property but not revoking the former nor the appoint- ment of executors therein . ' * . Where a, bequeathed £4000 in trust for his. daughter for her life for
her separate use .....
Where a, duly executed his will with a legacy of fifty pounds lo S.
S. but subsequently erased the word " fifty" and substituted
"thirty" ......
Where a, bequeathed his residuary estate to trustees, he.
A testatrix signed her will and on a subsequent day sent for two
witnesses to attest the same, &c. .
A, devised his real estate to trustees in trust for his son for life, and
after his son's death in trust to sell and stand possessed of
the proceeds in trust for all his grandchildren Where a, left a will and codicil, and a further codicil drawn np, but
for want of space for the names a fresh copy was made, «cc. . A, gave whatsoever property or effects he might die possessed of to
his wife and appointed her sole executrix . ' . As to a will torn into four pieces by the . A, gave all his estates reial and personal to his execntors in trost, fcc,
he then gave sd\ his real esUte, houses and lands to his wife for
liiii,&e; • • • • •
|
VoLu.7aO |
|
|
u |
720 |
|
u |
790 |
|
. u |
723 |
|
u |
723 |
|
u |
725 |
|
u |
725 |
|
C( |
726 |
|
« iii. 155 |
|
|
u |
155 |
|
u |
155 |
|
tt |
209 |
|
IC |
209 |
|
u |
209 |
|
M |
246 |
|
tt |
251 |
|
u |
342 |
|
u |
344 |
|
II |
425 |
|
H |
426 |
|
tt |
496 |
|
t |
497 |
|
tt |
497 |
|
« |
500 |
|
« |
500 |
|
M |
501 |
« 501
« 509
« 503
« 503
« 004
« 005
THEFT— THEEA'IS" ' lilfE— -TlYitEg TITLK.
, THKFT.
Thsft— Liability of innkeeper for, committed on bis gaect • Vol. L 409
As to liability of anderwritera for . . • ** fl39
Alto loss of pawn by . . ** iL230
As to a conviction for, where the fiicts amount to robbery . ** 520
Astoapim^/ouiecaseof • " ilL 410
THREATS.
Tbrxats — As to the validity of a bond executed under duress or . Vol. i 148
As to a mere, to arrest a ship . . . . " 193
Do, of legal process destroy contracts • . ** 357
Will, of violence alone be a legal cause of divorce •* ** 336
Are, sufficient to avoid a deed . ... • " 3S5
What will amount to a duress of . • • ** 335
As to a confession of prisoner attained by . . . ** 344
TIME.
Tim-^As to the, and place appointed for payment . VoL i 88
As to, for presenting a note payable on demand • . . *< 91
Agreement of parties as to, and manner of payment . ** 333 As to the, an escrow takes effect .... "300,301
Amendment of declaration* by altering the, of the demise • " 340
At the expiration ofwhat, will a bond be presumed paid . . " 356
As to presumption of payment raised by lapse of . ** 356
When the allegation of, and place should be repeated . . ** 44d
a As to setting £9Eth,and place in an indictment . . "456,450
To what, does the value of vessel relate . ' • . ^ 544
At what, after notiee of loss must abandonment be made . " 545
Rule as to thi(, within which a maiuiamiM must be moved . " ii. 140
Rule as to presumption of payment from lapse of • " 470 What length of, is sufficient to raise a presumption of a discharge of
a mortgagB . • • " 336
TITHES.
TiTRxs— As to conveyance of| by gnnt under the common law YoL i. 414
TITLE.
TiTLS— When iffthe, acquired by an alien by purchase diveetea Vol. L 15
As to want of, in agent . . ^ 34
As to the effect of usurious transactions on the, to a note " 100
As to the rulo.fequtting proof of, of the holders bi a nbte « " 138
Possession jnimk facie evidence of, to a note ** 143
As to tm^iog title to a billin plaintiff i . ** 146
Who may pass the legaK to goods by endorsement on tiM bill of
lading . ** 147
A8totlte,of a party who deliyert goods to a carrier . ** 170
As to telief in equity if an equitable, be meifO£ In agmat • * 180
Where conflicting, are adverse in their origin •• • * 190
TITLB (cONTLNUED).
489
TiTLS— As to sale of property in possession of another without warranty of Effect of the failure of, of a part of Lots sold on a contract Is an equitable interest in or a, to land a good consideration for a
promise ..... As to the risk of goods in the buyer when the, is In the vender «^ As to the documentary, to goods
What does a'covenant to convey a, mean .
Effect of a fair sale at auction and a good
Can a person out of possession convey by bargain and sale such a,
as will enable bargainee to recover in ejectment ' As to unities of, interest and possession of co-parceners .
Does the, pass by the deed ....
Will a mistake in referring to the original, affect a deed .
Whfen a void deed may be read as to extent of claim but not to prove
As to measure of damages on a total failure of .
What requisite to the consummation of the, to dower
As to a dry technical, by way of trust or power
As to the discovery of lands or, deeds by court of equity
As* to the^ of lessor in an action of ejectment
What, is necessary to support an action of ejectment
As to, in adverse and mixed possessions
When, draws the possession to the true owner
Where two are in possession, one by, and the other by wrong
Where a party enters into land without
As to adverse possession without written evidence of
As to the landlord whose, is controverted .
As to amending declarations in ejectment by introducing new
When plaintiff had no, at the time of the demise
When the tenant is a trespasser on him who has a legal
As to the presumption of, in the U. States
How equitable, may be barred ....
As to, of executor under the will . . . .
As to the full legal, in the assignee of a note
When must relief be sought in cases of equitable, iu land «
As to purchase with full notice of the legal or equitable, of other
persons .....
As to the registration of . Where a man stands by and encourages a purchase inconsistent
with his . . ' . « .
As to seamen's, to wages ..... When assured must yield up to the underwriter all his Effect of a foreign sentence of condemnation as to Effect of the decree of a district court as to **
Rule where a judgment constitutes a part of a . .
As to relief in equity on the ground of defect in vender's As to a declaration which sets out a defective . . .
As to claim of, by plaintiff under an act of congress . Rule for removals from state courts by parties claiming, to lands
under grants from different states 62
Vol. i 201 2U
« 221 224 « 225 ** 235 M 242
" 270
« 271
" 2H
« 306 308
" 312
" 328
« 329
" 332
« 336
« 338
•* 338
330 339 339 339 340 340 341 3J77 361 391 393
•* 404 ''404,405
« 422
" 479
" 554
« iL 10
" 17
« :»
~ 26
« 39
490
TITLE (continued).
Title — Rule u to tenant's right to dispute tlie, of his laadloid
Effect of a compact between two states in relation to, to land^
As to rent in arrear before, accrued
As to act of tenant which disaffinns the
What is a legacy under a universal
As to a legacy under a particular
When the, of the creditor relates back to the time of the judgment
As to, deeds left in the granter's possession
As to an entry on lands under color of
As to depositing, deeds as a pledge of payment
As to, of purchaser at sheriff's sale
Mortgages in which the legal, passes to the mortgagee
Recordingof a mortgage of equitable, to land .
As to implied notice of the nature of «
When deeds have declared to convey no
As to conveyance and delivery of, deeds to a purchaser
Where sale under a mortgage gives cbmplete, to the purchase
When the, of the mortgagee cannot be investigated
As to setting op an outstanding, in the mortgagee
Right of persons having an equitable, to insist upon a redemption
When possession is not essential to support the
As to the, passing to the purchaser by sale
When a legal, is vested in the mortgagee
Where a stranger comes into possession under a wrongful
When must purchaser look to the, of the vender
When the equity of redemption is barred and the complete, is rested
in the mortgagee ....
As to the, of a purchaser of a mortgage Can one have a, by the fraud of another As to acquiring a good, to a patent . '
Plea of, to a portion of the premises claimed in ejectment When defendant in ejectment must make out a As to replevin to try the, to personal property The avowant must make a good As to the exclusive right and, to the centre of stream As to acquiring a, to a ship
When delivery of possession is requisite to make the, perfect As to, of heirs of alien provided for by treaty What sufficient to pass the legal, of goods at sea As'to transfer of legal, in stock by assignment . As to acquiring a legal, by attachment
Attorney cannot ^^asked what claim or, he was employed to maintain As to a sheriff's deed conveying all the right and, of defendant Effect of the judgment of a foreign court in a process of foreign at
tachment as to matters of When, will be presumed in mortgagee Where the, of property levied on by sheriff is disputed As to perfecting, by vender . When a state may assert the, of
Vol t 70 41
" 72
73
84
85
- Ill
» 113
"117,118
•* 173
« 188
« 191
" 191
«« 199
« 193
•* 195
« 201
202
« 206
" 210
« 218
« 333
" 237
« 23^
« 240
" 287
« 457
« 475
" 542
" 543
•« 548
" 553
« 583
« 584 "ill 30
84
« 88
81
« 111
« 143
" 204
« 213
•> 330
•> 940
• 9U
TORTS — TOWN— TRADB. 491
TiTLx — May a, be lost by abandonment . . • . VoL iu.'257
As to the equitable, of mortgages to cargo , . . " 364
As to the legal, to bank stock . . ** 202,293
Where one gets possession of a house without cok>r of . " 304
As to procuring a, from government . . « • ^ 327
liVhen a deed passes the, at the moment of deliveiy . . '* 346
ABtOt of tL donatio mortiM causa • ** 3*16
Transfer of; to shares of bank stock . . . ** 397
When the benefit of a patent enures to him who has the . • " 450
TORTS. ToxTe— As to liability of agent to pnncipal for VoL i. 32 As to an action founded upon a . . ** 177 As to, tortious imprisonment or duress . . *^ 255 When an action for trespass lies for . . " 264 What will legalize acts before . . . . ** 390 Is an infiint liable in respect of, conmiitted by him . ** 463 As to an action for damages for a . . . . '* 522 Where an alien sues for . . . VoL iL 57, 61 As to ordinary marine . . < . . . ** 59 How&r has the district court jurisdiction over . . "59 Where a broker tortiously pledges goods on which be has a li& ** 114 As to transfers which will be deemed wholly . . << 227 As«to evidence of a tortious conversion of pawn . .« si^i What remedy has a partner for, done by his co-partner . ** 345 As to thereparationof, caused by fault of partner • ** 411 Where several partners jointly commit a . . . « 428 When an action against carrier is considered as laid in . . ** 429 As to replevin in cases of tortious and unlawful taking and deten- tion of goods . . . ** 543 As to replication in actions of . , ** 549 Unliquidated damages arising from, cannot be set-off . " (ni When the master may bring an action of trespass for any, done to the
vessel . . . * 613 As to the responsibility ofthe owners for the tortious act of the master . ** 616
Asto the tortious abduction of a minor . • . " 638
Rights ofpart owner in all cases of . . . '* iii. 15
TOWN.
Town— As to incoiporation of ... « ToLiii.484
TRADE.
Tbabx — As to neutrals engaging in contraband . 7oL i. 474, 482
Where, is interdicted with a foreign country . . Vol. i. 474
As to, which is prohibited by the, laws of a foreign state . " 474
Insurance of lawful propei-ty engaged in lawful . . « 475
' As to seizure or detention for illicit . . • • ** 510, 511
Ab to liberty in a policy to touch and stay an u • * 537
492
TRANSFER*
TmAHc— To, with an enemy without leave of owner U banatiy • VoL i Nl
As to fitting out a vessef in slave . . . " ii 46
As to seizures under laws of impost, navigation and • • ** S6
Actions which concern the merchandise of . • "119
As to statute limitations in the, of merchandise • • " 120
What is understood by the course of . . " Sdi
As to regulations for foreign coasting . . " 587
Duty of a master engaged in foreign, as to pilot . . ** 697
When the usage oi^ i^iust be taken into consideration . . '^ iiL 200
TRANSFER.
Teansfke—Is an agent*s trust transferable . . VoL L 92 Can the cashier of a banking corporation, the property of the cor^
poiation by note \ . . * 20
As to, of negotiable note by agent having no authority to . " 37
Can an agent, his right of action to principal . • . " 90
As to, of bills payable to bearer or to order . . . "77
Ofthe,ofbills and checks . . « 80— 8^
By whom may a valid, of a bill or check be made . • ** 80, 82
When may a, be made . ** 80
As to a, by delivery without endorsement . . . "81,83
In case of a bill payable to A. for the use of B. in whom does the
rightnOf, lie . . . • . ** 82 Where a creditor receives the, of a negotiable note in payment for
a precedent debt . • '* 89
As to receiving the, of a note as collateral security . . ^ ** 85
As to, of note by endorsement in pencil' mark . . . " 86
Can a negotiable note made pajrable to two execntors as sacfa be,
byendorsement of one of them . . . . " 101 As to the fraudulent, of a negotiable note so as to bind tile true
' owner against the holder .... "108,384
When possession is prima farie evidence of a . . ** 114
As to notice of, of note by endorsee . . . *• 144
As to a, written on the back of a note and not signed- . " 145
As to a contract for a, of property . . • " 200
What a sufficient delivery to, property . , ** 236
As to, of goods by delivery of a sample . . ** 226 As to, of an equitable title ....<* 361
Bank books as evidence of the, of stock . . . " 373
When court of chancery may order a sale or, of land . ** 382
Asto, of estate by executors . . . .. " 385
When possession after, is evidence of fraud . . " 403
As to creditors who are ignorant of • . . . " 415
As to what is necessary to, property by gift . ** 416
Ab to the power of guardian to, the domieil of the minor • " 429
Injunction to sustaki the, of stock ... " 464
As to a, or pledge of a policy of insurance • . • ** 479
When freight passes with the, of the ship . • • * 951
When abandonment o^rattaa^a, to the nodemiteif • • * 694
TRANSITORY
493
Tbaxisfxv — As to, of title by recovery in^trespass or trcrver • Tol. ii. 18
At to, of the stock of one indebted to the bank . . • *< 110
Where jMM<2fli<« Zite property was, to another person . • ** l'J3
Asto, of property by sales in market overt • , '^ HI
As to, of debt secured by mortgage . . • ** 174
As to, by foreclosure of mortgage . • " 202
What a conditional, or conveyance of property . • •* 216
As to, by pledge of goods on which factor has a lien . • ** 227
When partner cannot, real estate . ^ 355
As to, of balance in a ledger . . " 377
* Where a partner by general consent, his interest to a stranger ** 385
When partners sliare in the joint estate is, by act of law ** 893 Effect of a mere, of a balance due to a firm into the Ukiks of a new
firm ... . . « 433
As toassignment or, of partnership property . ** 44.*** When payment consists in an absolute, of the property . . "463,404 When the statute will, the possession of lands • . ** 4V2 ' . As to authority to, the claim to a surety . . ** 513 Rnle as to the, of remainders . « • ** 531 As to the, of ships . . . *f 583,584 What necessary to the sale or, of a vessel . . . ** 587 Effect of the registry acto upon the vol untary, of the partiM " 689 Ajb to, of negotiable bills of lading . . *« 662 As to assignments or, of property giving preferences . . ** iii. 44 EAct of a bon& fide, or property in the ordinary coufse of busi- ness ... . . . ** 50
Effect of the delivery of an execution Dote or bill with intent to, the
debt . . . « ff7
Where property is out of the country at the- thne «f . . ** 63
May a decree in chancery be , • . *• 64
A* to-« of bank stock in a book kept for that purpose . . *^ 68
When a man procures the, of a mortgage to a third pemn . ** -70
When defendant can, proceedings to the circuit court . ** - 88
When an assignment does not work a legal, of 4h0 property • ** 97
As to property taken by absconding debtor and, inanofher state ** 98
As to an estate in trust to, to children . . • ** "246
As to, of property from husband to wife . • . " 132
EflSect of the, of an indenture of apprenticeship • • ** 264
How miist bank stock be . . • • T4>l<iii. 292,^397
When disponer can be compelled to make a « • Vol. lii.'293
When a bank is liable ibr refusing to, shares . • ** - 895
TRANSITORY.
Trahsitort — As to declaration in, actions , • VoL i. 290
Will a mere, seisin entitle the wife to dower . . • * 330
Asto, right8ofafugiti\e . . •• ii. 10
When a plea to the juriMlielion of a court in a, aetionis pf«|ier • '^ iii ' 10
When>an action ih, . . • "115
494 TRARSPOBTATION — TRAVEBSB — TBBAflON — TftBASUBEB — TRKATZB&.
TRANSPORTATION.
TsAHtPoiiTATioif — As to liability for delay in, of gfoods • VoL i. 161
Liability of innkeeper who receives goods for . " 163 Uabili^ of carrier for the wrongful acts of strangers in regard to
the property bailed to them for . " «63
As to the liability of a master employed in the river, business . ** 163
As to owners of vessels employed in the, of property . " 163
As to defect in vehicle or machinery used for . . - . " 169
As to a warehouse-man undertaking for the future, of goods " 171 Responsibility of steamboat owners for baggage if lost although no
distinct price is named for ** ISO When the owner of a vessel who receives goods for, is answerable
for a loss of them by public enemies . " ii. 634
As to the, of goods between New York and Albany . " iiL 129
Where goods shipped for, are insured against loss by tbievM . ** 410
TRAVERSE. Tbaysbsb— When the party may gainsay the proof without the inquisi- tion of lunacy .... Yoti.SOS — it 134
When the inquisition may be, by the executors of deceased Vol. L 367
As to, the iacts stated in a mandamus . . . " ii. 144i
As to, plaintidTs right, &c., in replevin . . • ** 547
TREASON.
Tbsasoh — As to, &c., incapacitating from giving evidence Vol. i 347
Rule as to admitting evidence in . . • ■* 362
What is petit . . . . *■ 435
May a person indicted for petit, be found guilty of manslaQg^tsr * 435
When an act made, extends to infants . • . . *■ 442
Why are all principals in hig^ . • • " 447
As to abolishment of petit . • • . " 447
As to principal or accessory to petit . . ** 443
As to indictment for . . . ** 456
As to habeat corpus in fovor of a person committed for ^ '< ii. 44
As to a person charged with, who flies from justice . . ** iii. 40
When a person charged with, may be admitted to bail . * 284
TREASURER
TBXASvaxsr— When mofuiiamuf lies to a town Vol. ii. 138 As to a bin of exchange endorsed by the, of the United States VoL i. 1 17, 118 Where the, of a turnpike company gave his notes in that capacity
^ for the debts of the company . . Vol. L 280
Where a mortgage deed was given to secure a bond to a . . *< ii. 201
As to remedy for the recovery of a salary payable by the state ** iii. 431
TREATIES.
TuATixs— As to a title according to stipulations of, with Spain • Vol i. 199 As to the, with Great Britain relative to Jblockaded or besieged
ports ..... ** 156
FRBSPAflS.
495
TwBATiEs— Wherea^isforaloanhowheld Vol 1845
. As to secret contracts upon a, of marriage . • • * ** 413 As to insurance on a voyage undertaken in violation of the piovi*
sionsofa .....** 482
As to passport of ship required by the, with France . . ** 508,514
Effect of the want of papers required by the law of nations or ** 510
Effect of a sentence of condemnation for violation of . . ** 513
What, is presumed to be a correct exposition of the law of nations ** 517
Jurisdiction of the federal courts under . « .** ii. 30
As to validity of . . . . ." 32,33
TRESPASS.
Tbkspass — What a good bar to an action for . . . YoL i. 10
As to a promise to indemnify for . . « ** 253
AstoliabiUtyofinfantforavirilful . . . . •* 264
When an action of, U«8 for tort ..•.** 204
As to, ibr an injury to the soil . . . . *< 337
Action for a, committed on land ..." 341
As to, for taking goods . . . • . ** 3412
As to, for assault and battery ..••*' 362
As to a mere civil • . . ** 423
Effect of a judgment in, upon the property in dispute . ** iL 18
Ai to judgment in actions for damages as . . . ** 41 Uttle as to jurisdiction of circuit court in cases of trespass ^Morv
cldusumfrtgit . ** 40
When an entry by one upon the land of another is • . ** 116
As to maliciously indicting for a common . . . ** 135
When mortgagee may maintain, against a person . . ** 185
As to damages where a wanton, has been committed • ** 974
As to remuneration in case oi| on the person of an infimt , ** 200
As to, against coach driver .... ** 367
As to actions of, for tort ....** 488
When the sheriff may maintain, or trover for goods . ** 434
As to action of, against a tumpJke company • • ^ 515
As to cases where, de bonit atpo. < UU will lie . . * 548
Where^ lies by ownet- for goods taken . • <* 543
As to action of, for debauching ... ** 583
As to vi e( ormts for seduction in England . . . . ** 564
Whenpl'aintiffmay elect between, and case . . ** 564 As to, by entering a house and debauching, &c., laid as a conssqnen*
tial injury . . . . * 564
When an action for seduction may be brought in . . <* 564
When the master of a vessel may bring an action o(^ for tort • ** 613
As to wilful, and injuries of the master or crew . ** 616
When the master is not responsible for the wilful, of his ezew . " 618
When death ofdefendant abates an action for . . ** (ii 14
When bystanders are trespassers if they assist an of^cer . * '' 40
As to, in case of a search-warrant for stolen goods ** 41 When attaching officer may maintain, against any one who tiolatM
his possession . • * 79
512
TESTED
VESTED.
Vested— Wb6n eitate is, in vendee by operation of J6w
When a deed is executed to two or more and one dissents are Hie
others, with the whole property As to property which has once, hy transmutation of possession When goods, on delivery ....
As to rehition of parties who have no complete, rights Where the judicial power of the U. States is As to where appellate jurisdiction is As to the act, jurisdiction in the district court As to jurisdiction, in the courts of the U. States As to state laws divesting, rights . .
Relinquishment in iavor of tenant of the next, estate « When a legacy, at the death of the testator . «
When a legacy is contingent and not . ] What is a, legacy .....
Rule as to, of legacies payable on real estate Rule as to, of legacies charged upon personalties When a residuary bequest gives a present, legacy Rule that legacies charged upon real estate and inftUuro are not As to priority of the U. States to, estates As to possession necessaiy to, a right of limitation • As to positive, rights ....
Rule as to what amounts to, rights in virtue of marriage When the legal ownership is, in the creditor If a right had, when notice of a prior encumbrance was received In whom the right to sell under a mortgage As to legal title, by deed of mortgage When title will, absolutely in vendee When a legal title is, in the mortgagee A deed to a co-partnership, the property in the concern . ** 323
As to assets, in partnership funds . . • . ^ 394
Effect of the power, in solvent partner . « *^ 439
As to the power, in a partner . • • " 355
There is no estate, in the executors as such • . *^ 491
As to exercise of a power by one who has estate, m him . " 493
When a power and not an interest was meant to be • " 496
When executors are, with interest . • • ** 498
When estates limited in default of appointment or . • ** S06
When the estate cannot vest in possession . • • ** 510
When a power takes effect out of an interest not « • " 512
What amounts to a, remainder ... " 523
As to the difibrence between, and contingent remainders . ** 53$
When limitation may be . . . • " 520
Rule as to within what time a contingent remainder must . . " 530
A 8 to contingent and executory as well as, interests • • ** 531
As to a trust created ard ....** 710
Wuen the estate must descend to the heirs if it be not legally, elsewhere " 725 When trustees become, with ^he debtor's estat« . • VoLiiLSl,84
T<^ i 311
« 299
« 307
« 463
« iL 26
« 29
« 32
« 61
« 62
« 68
* 73
« 77
« 80
« 86
^ 87
« 87
« 8S,93
« 88
« 110
•» 115
« 150
« 151
« 170
« 193
« 196
« 202
" 215
TRIAL (continued).
497
Tri
As to evidence to show what passed on a former Whea court below refused to g^ant a new As to allowing amendment before . • ^
As to arrest in one district for, in another . Jurisdiction of the district couit in the, of all cases of seizure What a good cause of challenge on a, for murder Motions for new, to what addressea As to granting new, tx officio . .
"When a case will be remanded for new Rule for granting new for misconduct of the partj . Where the party or any one on his behalf directly approach the juror
on the subject of the . Rule for granting new, for misconduct of the jury . As to affidavit of foreman of the jury on a motion for new As to expressions of juror previous to the . . •
As to statements of juror upon a, for receiving stolen goods Rule as to allowing new, where the verdict is imperfect . As to new, upon the ground of surprise . .
Rule as to new, for surprise in matters of law . Rule for granting new, on the ground of newly discovered testimony Rule for granting neW, on the ground of improper evidence Rule as to new, where proper evidence is rejected As to new, where the judge misdirects the jury Rule for granting new, where the verdict is against evidence Rule for granting new, where the verdict is against law Rule for granting new, on the ground of excessive damages Rule for new, for excessive damages in crim. con. As to new, for smallness of damages . . .
Rule as to the authority of court of equity to grant new •
Rule for granting a new, in a ^' tarn action Rule for granting new, on motion of the prosecution in criminal cases Difference between a new, and a vmire de novo . Where the plaintiff neglects to proceed to , ,
As to injunction to stay .... When illegality of partnership may Iv; a ground of non-suit at the Whit must be shown at the, to admit nominal ptirther as evidence Where partners refuse to produce their articles of partnership at Where defendant goes to, upon a plea of lum tst factum When put in possession before
'^'\'*n defendant must demand a . ,
When p''yment may bt; pleaded atth^
When (leith of demandant in writ of riij^ht before, abates the writ" As to. of the right of property Icvietl on by altachment , ^
As to hnv'ng a prisoner acquitted before the, that he may be called
as :i witness , , . ,
As to appoi ranee by attorv^y 'm!. when writ is only served on one When pevfml defendants are put on, at the same time Ab to com jctehcy of a witness on a, for forger;' IndictmerU -ir.d, for murder . , Vol.
to
Volii. 27
, *' 40
" 40
« 49
" 61
" 64
"264,2^5
264 " 265
265
265 " 265 " 266 " 266
266 *- 267 "267,268 " 269 « 260 " 269 « 270 " 271 « 271 " 272 " 273 " 274 " 274
275 " 276 « 276
276 " 28J
340 *• 422
425
431 « 477
542
548
577
" iii. 12
97
"114,115
119
" 138
"148,171
iii. 180—182
498
TRIBUNAL — THOVER.
TbiaXi— Instruction 8 of the court to the juTy in • • YoLiii.l99
When equity will not grant a new . . ** 233 As to the reasons for disturbing a judgment after a, on the
merits . . . ... . " 223
As to motions for new, on account of matter arising oat of court " 224
Motions for new, after judgment by default « . . , ^ 224 When a new, should be granted ....** 224
As to grounds to induce the granting of a new . ** 224 As to proof of burglary on a, for larceny ..." 307
When principal and accessory may go to, jointly , " 416
Where a jury could not agree on a, at a special commission . " 423
As to, for malicious prosecution .... ^'430,431
TRIBUNAL. Tbisuhal — As to, of coordinate jurisdiction . Vol. ii. 10 When the authority of a court to act as a prize, must be examina- ble . . . . « . 9 As to the difieient, before which suits may be pleaded . " 29 As to fitanc^amiM to control a subordinate . • . "138,139 When a party may petition the, and obtain judicial consent to
marry . . . . ** 155 When there is no distinct equitable . . . " 213 When the es^nses of a thin^ pawned are left to be allowed or dis- allowed by a proper . . . . " 222 Where a vessel was condemned by a foreign . " 365 As to the well established principles of judicial . . " 415 As to partners suing before English ..." 423
TROVER.
TBOVXit-*-When principal may sue in, for goods bartered by agent YoL i. 24 When an action ofj lies for a policy of insurance wrongfully with-
' held by agent . . . « 45 Do^ case or, lie against a common carrier . *^ 176 When consignee may maintain, for the non-delivery of goods con- signed to him . . . . "176 Asto, and a count against a common carrier being joint . . " 176 When a tradesman may maintain, against a third person for taking
furniture hired iofemme covert . . . « . " 206
When in&ncy is no complete bar to an action of . . " , 264
As to, or assumpsit against a corporation . . . " 279
Effect of a judgment in, upon the property in dispute . " ii. 18
As to a recovery in, operating as a sde . . . " 19
As to actions of, when the judgment is for plaintiff . "41 As to lien of attorney on papers in his hands of which he can avail
himselfin an action of . , . " 118
As to recovering back title deeds in an action of . . "173
When one tenant in common may bring, against another " 345
FttrtneiB may be sued in an action of . . . ** 367
As to an action of; by assignee a^nst a partner • . ** 372
TRUSTES. 49t
T»ovjir—Ab to action of, against partnew for tort . . Vol. ii. 428
When a sheriff may maintain, for goods . . . " 434
When the owner of beasts may bring, after demand and refiisal '' 544 As to tender on bottomry bond maintaining, against the vendee of
the vessel who takes possession after the risk has commenced " 600
When death of defendant abates an action of . • ** iii. 14 When attaching officer may maintain, against anyone who violates
his possession . . . . . ** 79 As to right of husband to maintain, for property which was in po»-
session of his wife at her death . . . '* 194
As to right of vender to action of, against infant - < . " 196
Liability of auctioneer in an action of, for selling stolen goods ^ 270
As to an action of, for a horse . . • . " 435
When, may be maintained for a check . . . ** 486
What action of^ and conversion originally was . . . "^ 486
From what it is called, and conversion . • • *^ 486
Against whom are actions of, permitted to^be brought • • " 486
Definition ofthe action of . . . '^486
As to possession which will enable a constable to maintain • " 487
As to necessary proof in an action of . . . ** 487
To maintain, against two joint bailees . « . ** 487
TRUSTEE.
Tbvbtse — May a person who holds a note as, sue in his own name VoL i. 109 As to liability of a, who appoints reiits to a banker who afterwards
breaks ......•< 41
As to intervention of, in contracts between husband and wife • *^ 211
Rule as to the right of.a corporation to be a • . <^ 278
As to, of corporations . . . • « <« 282
When a, may recover in ejectment . . . ^ 338
As to admissions by a nomioAl party .who sues as a . . ** 343
When a conveyance from, to a cestui que trust has been presumed " 360
Ab to the duty of, to keep trust funds separate tsom private funds " 386
When a court of equity will hold purchaser as a . , ^ 404 As to the relation between, and eettui que trust . Vol. L 406— VoL ii. 207
As to conveyance of land by wife to husband through the medium of Vol. i. 452
As to injunction to restrain a, from assigning the legal estate • ^^ 464
Rule as to native subject's right to insure as, for an enemy • ^ 467
As to interest of, for prize vessels . • . • ^ 479
As to attachment of goods in the hands of • ' . * ** ii. 15
Where a, refuses to act in the case of a legacy • « • *< 97
Rule as to possession by . ... . ** 117
When directors of a corporation are by statute . . « ** 118
Creneral rule as to^ and ces^ ^ fnut . ** 119
As to discharge of a . . . . • ^ 134
When money due the wife before marriage will belong to . ^ 160 Conveyance of property by the husband and, for the benefit of his
wife . . ... . * " 163
As to allowance of, necessary expenses . • • 187
BOO
TRUSTEE (continued).
TEt78TEE-^When a, for sale may execute the trust and sell
As to a, in receipt of rents and profits of a mortgaged estate
When pledgee may he summoned as, to answer for sniplus
As to conveyance of lands to, in trust, he. .
As to roles and tests applied to ... .
When surviring partner holds the partnership funds as, for the
payment of the partnership debts As to indemnity for acts done as . . .
As to goods conveyed to, to be sold- When a firm may he proceeded against as implied When each partner becomes a, ibr the others .- r
As to a bond given to the, of a trading company A3 to, recovering back money paid to sheriff When a power of sale is given to . When quo tDorronto lies against the, of village When a devise is to, and their heirs .
As to an action by a, to recover a debt due to the €estui que trutt When the creditor ^11 be held as . Where a, purchases lands with trust money and takes a conveyance
in his own name ..... Rule as to the powers of a, over the trust property As to acts done by, in regard to trust property Rules in equity concerning the duties of As to an estate vested in, by a/emm< corai, Stc. Abatement of action by, of an insolvent debtor . Assignment to, for the benefit of preferred creditors- . When the legal estate passes and vests in the . When an assignment is operative as to assenting^ . r
When, aie to be appointed under attachment in New Tevk When, are liable to be called to account ^
When assignees are declared to be . Where debtors are named as . When proceedings may be had by, upon non-resident debtor against
the, of another . ...
By whom will the decision of, be reviewed With what interest are vested Ab to the proper remedy against .
Attachment binds all the estate real and personal in the hands of As to levy of attachment on property held by absconding debtor as Attachment of the effects of absent debtois in the hands of When property o^absconding debtor was not subject to the control
of the .
When an attorney will be treated as a. mere, for the benefit of his
client .
As to purchase of land by attorney as, for his client . •
Eflect of a judgment against a trustee When a, will not be charged interest When the inteiposition of a, in the transfer of property from hat>
band to wife is not necessary ^ 0
Vol. ii. IW
« 212
'^ 234
•* 24a
« 307
«. 319
« 328 "355^356
« 367
« 400
•* 417
« 464
« 493
« 515
« 524
«* 572
" 706
« 710
« 710
« 712 "713,714
« 71& «iii. 12
« 44
« 45
« 47,65
« 81
« 82
« 82
« 83
« 83
« 83
u 84
•* 84
*« 87
« 9a
« 94
« 98
«* 102
** 100
« 12a
« 120^
« 132
r
\ -,
502
TRUSTS (cONIIWUED).
Trusts — Eflect of a deed of, executed to secure a debt
As to parol evidence to show that a contract inyolves a, not appa*
rent on the face of it .
1b a wife dowable of a, estate As to recOveiy in ejectment by a trustee where the, is executed
to him .....
Where executors give a joint bond for the foithful administra- tion of their . . • . Dutj of executors or trustees to keep, foDds separate and distinct
£n>m their private funds Is a party who is executor in, capable of being examined As to a devise in, to sell for the payment of debts As to cases of, where neither law nor equity will relieve As to a tenant by the curtesy of his wife^s, estate When, will be treated as executed As to distinction between, executed and, executoiy As to a bequest of stock to trustees upon, to pay ike dividends to a
married woman for her use As to a bequest to executors in . Where a legacy is left in trust and trustees refuse to act . As to an estate conveyed in, to secure the payment of a note Where a, is created by the act of the parties When the statute of limitations does hot bar a . When trustee must show some valid excuse for declining a Bule in equity for construing, raised by marriage articles As to property conveyed by marriage settlement in . As to deeds of, and mortgages not recorded When a trustee for sale may execute the, and sell When the husband may file a bill v^th his wife to fortelose a moit
gage to seeure, fund to her Where a firm borrow, moneys .... As to general, or special and beneficial As to a tenant for lile o( moneys
Distinction between a power uid a . . « .
Rule as to the continuation of a, estate
As to mutual trust . . . • .
When creditors may takothe benefit of the As to a deed of^ to secure the payment of three notes When a, would be created in fiaiyor of the equitable assignee . Astoanassignmentin, for creditors . . « .
When the powers appertaining to the inay beexeicised by any tw*
of the trustees • . . ^ .
As to the satiefoction pf; deeds . . • .
When non-resident may cause stocks, &c., held in, to be apf ^ed
to his. debt .....
Where a testator bequeathed his residuary in, for his nephews , A devise to a corporation and other trustees in When an attorney will be answerable for abuse of •
As to converting tbe efiacts of a bank into a^ food •
Vol. L 396
929
338
384
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387 |
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• 90
95 « 246 « 249 «* 267 « 29«
504
UNITIES — USAGE.
UnDKSwmiTSft^Rule as to Bk^'s document . •
\V]Mn insared cannot claim from the * .
As to a suit to recover from .... Lii^ility of, for ship sunk by a land battery What if a ship supposed to be lost re-appear after the, have paid the
loss ......
For what, are not liable ....
When, is j7hmi^/iae liable . . « •
As to liability of, for loss by fire .
As to the liability o^ under the word '* thieves'*
Ruie as to liability of, for mortality of live animals
Aff to liability of, for goods transhipped
Legal effect of a deviation as to .
Effect of delay as to .....
As to notice to, of intention to abandon
When the, may require the insured to elect whether to abandon or
waive the right to do so . As to liability of| for loss in case of sale by the master • Kfl^t of abandonment as to the .... When the assured must yield up his right, title, &C., to . liability o( as to provisions .... Mode of ascertaiiiing the extent of the, liability Rule as to salvage loss I . . . «
What a total loss upon the . When, on different policies axe bound to contribute tateably towards
the loss • . . . •
When the master becomes the agent of the As to recovery of owners from the Liability o^ when master could not obtain a pilot
UNITIES.
t7if XTU8 — As to, of coparceners
Vol. i. 508
« 514
« 517
« 524
" 525
" 526
« 527
« 528
« 529
« 533
« 535 "536,537
« 540
« 64'5
** 546
« 54S
« 553
« 654
« 575
** 581
« 583
" 585
« 586
« iL6a4
« 641
651
Vol i. 271
USAGE.
UsAOS'— As to uniform and notorious . . • .
As to, of trade sufficient to establish a lien • •
When the general, of trade will entitle to retain goods • As to a principle established by .
Astoproofbf, of banks . . . . .
When presentment and notice must be conformable to the, of the
bank ......
Ab to the laws and, of dif&rent states relative tO foreign bills . How promissory notes are held by the common law and, of trade . As'^o common, of depositing a biU in one bank to be transmitted to
another for collection Rightsofamerchantby the, of ' . . •
As to right of holders of a foreign bill by commercial As to the duties of a master of vessel by .
Vol. L 47, 48
« 49
« 51
% « 77
96 107 123
129 130 134
163
USAGE (continued).
505
UflAax— As to evidence of
Will proof of, exempt carrier trom liability .
General, as to delivering goods . . . VoL
Effect of the, of particular places on the responsibility of carrier
When, varying the liability of carrier may be proved
As to rules and, which belong to courts of equity
As to, of place or lex Joci relative to contracts
Can customs or, of trade influence an express contract
Effect of the, of a particular business on a contract .
When the, of agent binds his employer
May, oi^ustom be proved by parol evidence
As to, of trade relative to terms in policy of insurance
As to limitation of .
When evidence of commercial, is not admissible
May local, be proved by witnesses
When, becomes a part of the law
What the true test of commercial . .
As to depositions taken under a dedimus potestcUem according to the common
As to expounding mercantile instruments according to the, of mer- chants
Effect of mercantile, on a policy of insurance
When express, is proved, &c.
As to calculating interest according to
As to the, of trade to have spurious papers on board
VoL L 164,107 " 108
i. 16»— ii. 659 Vol L 170 « 173 « 190 « 231 « ^233 « ^234 « 287 «287,288 « 288 « 288 « 289 « 289 « 290 «. . 290
« 366
« 377 « 471 " 473 " 487 « 492 When underwriters are presumed to know the, of foreign ports VoL i. 493,494,495
When according to, information need not be disclosed When warranty must be construed by the, of trade . As to the, of trade in relation to the master and crew being on
board As to a rule sanctioned by the, and courtesy of nations As to injury by xats when not controlled by When ambiguity is to be construed by the known, of the place Where the, is to Unship goods As to, relative to boats being cut away As to, relative to the return of premium As to the general principles and, of law Unwritten law is that which, has approved As to, to establish a general lien .... As to the, of distinct people in the transaction of marriage As to the ill, of children ....
When language should be construed with reference to liimit of title by immemorial .... As to a rule which cannot be influenced by General maritime, as to log-book .... As to the, in the English courts of the division of advocates into
attorney and counsel . Eflbct of a deUveiy of goods conformably to the, of trade When the, of a bank must be known to be binding 64
VoL i. 497 « 503
« 507
" 515
" 525
« 534
" 530
« 559
« 587 VoL iL 44, 65 66
" 112
« 149
« 289
« 489
" 552
« 573
" 630
«* iii. 101 « 129 »* 130
506
USE&— USURPATION ^USURT
UsAGS — When, rnoBt be shown to charge one as carrier . , When a survey may be directed by a consul as by As to the, of trade in the construction of policies of insurance As to the, and customs of a bank ....
As to evidence of, to control the construction of a written instni- ment ......
General, as to carrying deck loads
USES.
Ubxs — ^As to the operation ofdeeds under the statute of
As to the introduction of, at law . • ^
What necessary to give effect to a conveyance to
As to a limitation having arisen since the statute of .
When a husband by conveyance of, may create a trust in favor of
his wife ......
As to a power to appoint new ....
' As to a conveyance under the statute of . .
As to a conveyance to trustee to . As to a power in the case of an estate limited to such, &e. When it is uncertain whether uses limited in futyro wiL ever vest,
they are certain to be in contingency . . Vol ii. S33, 524^ 525
When, or trusts to be raised by any covenant of a party in equity
must be founded on valuable consideration . ToL ii. 710
When testator takes back an estate by a declaration of . ** 796
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511 |
USURPATION. UsUBPATioM — Qjuo vforrcado against one for, of an officer
As to tbe line which separates error in judgment fromj of power What amounts to a confession of . As to a quo toarranto for, a franchise As to judgment where franchises are .
USURY. UsiTBY— What necessary to constitute • Vol.
As to new security given to bona fide holder of| note . When a judgment is not affected by, in the original transaction As to a bond given for a, consideration Is a loan of stock within the statute of What necessary to defeat a debt on tbe ground of • Rule as to a substituted agreement or new security When taint of, destroys the whole security As to a bona fide holder of a note originally usurious Where separate security is taken for, interest Where a bank discounts a bill, reserving full interest, and pays out
its own paper which is at a discount Distinction in construing the statute of, between reserving an'i tak<
ing illegal interest .... As to an accommodation note passed as a security for a, loan What the proper remedy to recover money paid on a, loan
. VoLiL514 « 20 « 516 « 516 « 517
244^iil.244 VoLi.108 « 109 « 148 «• 245 « d45 « 245 « 246 «* 246 a 340
247
« 247 tt 343
TAEIANCE ^VSRDKB. 507
UtVAY—'Wlio is to decide whether a contiact 18, or not. Toil 248
Upon what conditions will equity relieve against **• 248
As to witness to prove a note . ** 249
What necessary to set out in a plea of . . ** 249 Application of the statutes of, to contracts reserving interest, made
in one place to be executed in another . . ** 249
As to avoidance of deed by parol evidence of . . ** 309
As to parol evidence to show an instrument void on account of . ** 377
As to a plea of non-assumpsit, with a notice of . . ** ii. 17
As to a mortgage made on a, contract . . . . ** 185
Wha| if a mortgage be . , . ** 211
As to a knowledge of, by a partner i • . " 364
When defendant may give, in evidence . • • " 484
WLd^ a plea of, must allege . ., . . . ** 287
As to contracts affected by .... *^ 4911
VARIANCE.
Vasxan OS— As to a fiital, in declaration on note • Vol. i. 88
As to, between declaration^and bond . . "150
When a, in the proof of a special contract is fati^l . ** 260
As to, in the date wbere the instrument is set out verbatim . ** 292
As to the principles applied to cases of . " 293 When a, between the levy and description may be explained by
parol ....... 380
When, will be material ..... ** 440, 473
As to, between English and American cases . . "551 When judgment cannot be arrested for, between indictment and
proof . . ^ . . . " ii. 25
As to, between declaration and proof . . "281
As to, in abatement . « . . " 404
When trifling, are fatol . . . • . "473
As to the proper plea to a, in statement • . . " 479 What held to be a &tal .... Vol. ii. 486, 487, 562
When is not pleadable in abatement .... Vol. ii. 545
An avowry cannot be objected to for, of proof . " 547
Asto, of time and place for delivery of goods . 1 . " 614 As to^ in indictment .... Vol. iii. 244-— 246
As to, in amount of debt stated in the writ . . . Vol. iii. 28^"
VENDEE.
Vxnoxx — Astoactionagainst, for breach of contract • . VoM. 11
As to money paid by, to broker on a general account • " 28
As to, right of lien for the price of goods . . . " 50
When a promise of vender to pay, damages is binding • "114
When, is bound by limitations of which he was ignorant . • ** 184
Effect of a delivery to agent of . . , ** 224
As to right of stoppage in trantUu between vender and • • <* 226
As to a covenant by, to pay considemtion money * 236
Rnle where, is insolvent at the time of purchase , • * 255
ioe
VSHDCft.
VsHDxs— When, may secover back the money paid • M«L26t
When, may repudiate a contract . . • • ** 263
When estate is vested in, by operation of law • ^ 811
When land descends in equity to heirs of • • • ** 387
JVIay vender of chattels hire them to . • • ** 40S
Rule as to the mutual lien of vender and . • • ** ii. 118
As to lien of vender of land against , • • ** 181, 182
As to personal credit to, excluding the lien • • • ** 183
Rule in the English law as to a waiver of lien on • . ** 183, 784
When title will vest absolutely in . . . *' ~ 215
When,will be substituted for the pledger . . . ** 233
As to a writ of fwexMt against a ... *< 26S
When,will have an indefeasible title to ship . . ** 305
As to a fraudulent conveyance to a, concerned in the Irand . " 35i
Vfiken a partnei's share is by act of law transferred to^ of sheriff '< 393
As to fraudulent representation by . . , ** 466 As to atuchment of property fraudulently transferred while in ti:e
hands of . • . • . Vol. iiL 75, 1$
As to lien of faictor for proceeds of property in, hands . . '^ 130 Responsibility of vender to, for £iiling to disclose defect in a horse When possession must be exclusive in the . As to objection to title by ... . As to tender of the article sold or being 'ready to deliver when, re- fuses it ..... Rule of the common law as to when the property in the thing sold passes to the
VENDER. VsKDXB,— As to promise of, to pay damages to vendee
When, cannot maintain an action against vendee for a breach of the
contract .....
Liability of partners for articles famished for the fiim although the,
was ignorant of the firm Does a, who sells for a note retain his Uen in case of bankruptcy Where a, sent goods by a carrier who had limited his re^nsibility When the lisk was in the buyer although the title was in ihe As to, right of stoppage m trawitu As to what has been held a delivery by How may, right of stoppage in tranntu be defeated . As to a contract for the sale of land signed and sealed by What a sufficient warranty by .... When purchaser can maintain no action against Effect ofa memorandum signed by, only . Effect of a judgment had against
When no fault or omission can attach to the . •
As to averment in declaration to entitle, to recover When a person who joined, in a deed need be a party to a suit Is a, of goods bound to disclose a latent defect . As to goods delivered by, to a carrier who is under age
176
240
335
450
VoL i. 114
« 11
•« 70 « 135 « 184 ** 224 "224,226 "225,226 « 227 « 236
« 2y
« 238
« 244
"255,410
« 260
« 266
« 299
" 402
« 463
T£5IRS — VENIHE DE NOVO — r£^IB£ FACIAS — ^VENTSE SA BCERB. 609
Tmumtb^As to defect in, title to land .... Bule of common law as to lien of, upon lands sold /When property in goods may be transferred tbongh the, had no such
property in himself .... Efibct of a parol agreement to allow, to redeem . •
Rule in equity as to lien of, upon real estate sold Rule in the civil law as to the lien of .
"When lien did not exist in the civil law Rule in the English law as to waiver of; lien r «
As to the relation of, and purchciser . When mortgagee must lode to the title of the •
"When partner is a tenant in common with • •
"Where, takes the note of a third person at his own risk and there is
a fraudulent representation When vendee might be expelled from the land by the order of a judge
upon the oath of ....
As to a conveyance which leaves the possession in the • As to property subject to attachment in the hands of •
When property may be attached by, creditors . •
As to sale made by private agent of « « r
Liability of, for failing to disclose deflect When an infant will be liable to . When a sale will be void against creditors of • As to a suit by, to compel perfoimance of a contract Vender and purchaser . • • ,
Aff to tender of the article sold by . . •
"When, is entitled to interest on the purchase money As to an injunction against the collection of notes in the hands of
the, of patent right . r . •
VENIRE.
Vbkxke — As to the shenffserving the, in his own cause' As to granting • . •
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Vol.iL 63 « 277
VENIRE DE NOVO. TsNiBE Dx Novo— Difference between a nerw trial and 8 "When a, will be awarded in replevin •
Where a judgment was revised and a, awarded
VoL ii. 276
. ** 548
Vol.ii.267— iiL152,235
VENIRE FACIAS.
Tbk xu Facx AS—The, is an ancient proceeding of the common law VoL ii. 277 As to a, and distnngai upon an information in the nature of a ^
vfotranio . . . "516
As to quashing, for corruption in the officer • . . *^ iiL 138
VENTRE SA MERE.
Tbhtue SA MsRx — ^A child in, may be appointed executor VoL L 3S4, 461
What an in&nt in, is in many eases of consideration in law VoL L 321
As to manslaughter of a chik n . • • ** 443
510
VENUE— VERDICT.
Ybhtke ba Ms&E^Devise of lands to an in£mt in • , . VoL i.462
May an infant in, have a distributive share of intestate piopeit/ *^ 462
When a child in^ is considered as in esH . • '^ ii. 77
As to a provision made for a child in . . . ** 77, 508
As to children at the testator's death or in . . *^ 78
As to the rights of a child in . . . * 94
VENUE.
ViHUB— If an indictment state that the defendant at the, &c. • VoL i. 442
Where may the, be laid in indictments for bigamy . . ^' 458
As to the^ in indictments for forgery . . » ** 458
As to a certiorari to change the ; . . '^ ii. 45 When a nuisance must be proved to have been committed in the
county where the, is laid . . . . " 281
Where, must be laid in replevin ... ** 544
When an attorney has no privilege to the . . . ** iii. 103
VERDICT.
VssDicT^ As to a, against the principal for the act of his servant . Vol. i. 45
Will the court favor a declaration alter . . • ** 290
When uncertainty in declaration will be cured by • . " 291
As to imperfections in averment cured by . . • ** 291
Effect of a former, in an action of ejectment . . . *^ 340
When, cannot be given in evidence against witness . • ** 348
As to setting aside, and granting new trial . . . ** 360 When prior, and judgment need not be pleaded by way of estoppel ** 370
As to sufficient proof to justify a, at law . . . <* 400
When defendants ought to have had a . « . " 51$
As to judgment upon a . . . ** iL 9
When a, is evidence without the judgment . ** 17
Difference between the effects of judgment and • • *' 20
An award has the same effect as the, of a jury . « . "21 Rule where one of the counts in the declaration Is bad and a, be
given generally ... • ** 26
. When the damage may be inserted in a . . • "27
If a, be general sulject to the opinion of the court • *' 41
As to a juror who has given iai, for demandant in ejectment '' 64
When, ought to be in defendant's favor . . . "165,166
^ As to a new trial where there is a, against the plaintiff " 265
When the, was the result of a lottery ... '266
When matter related by jurors was partly the cause of the . ** 267
Where evidence which may improperly influence the, is admitted " 270
As to evidence sufficient to, warrant a . . . * 271
Rule as to when a, will not be set aside as contrary to evidence ** 271
Where the jury find a, for defendant in an action for libel • " 272
As to new trial merely because the, is against evidence . . ** 272
When a, is not to be disturbed . . . . " 272
Court will seldom interfere with the, of a jury . . • " 272
VEBDICT (continued)
611
Tssi %ioT^Rule for granting new trial where the, is against law
TVhere the judge instmcted the jury that they may find a, on either
of two distinct grounds . . ...
Rule for setting aside a, for smallness of damages When equity will grant a new trial after, and judgment at law As to a, fully supported hy evidence As to a venire de novo upon a special . As to an injunction after, to stay judgment As to a, which the court of exchequer permitted to stand Where the king's hench refused to set, aside When, must be for such of defendants as are adult As to judgment upon demurrer or Wken a pleajpuu, &c., cannot he inteiposed after a, or a rtUcta and
cognovit .....
As to a, for plaintiff subject to the opinion of the court . Effectof a, of acquittal ..... When, did not cure an immaterial issue As to a general repleader before or after As to a general, for plaintiff in replevin As to a, for defendant in an action for false return • Where the jury are authorized to limit the . •
As to a, for calling the plaintiff's wife a whore As to death of either party after As to death of defendant before, in an action of trespass As to entering judgment within two terms after As to what cannot be pleaded after a . .
When one irregular return is helped by the statute of jeofaih after,
or judgment by default When, and judgment will be sustained As to a fact established by . As to facts stated in the nature of a special As to a, establishing the will . . * .
As to objecting to a juror after a, is returned against him Reluctance of court to interfere with, where the proceedings have
been regular ....
When the court will set aside the, of a jury in a civil action . As to setting a, aside for misdirection of the judge When the judge may inquire of the jury upon what principles their,
is founded .....
Where there is one bad count and a general As to amendments in, from the memory of the judge When the, cannot alter the regularity of the fonner proceedioga Where bail may surrender principal after . As to, on second cause of action Court cannot order a de&ult when defendant insists on a, of the
jury . As to a, rendered against two, one not appearing As to, of a sheriff's jury to assess annual damages . When the usual course is to take a, for plaintiff conditionally
Vol. ii. 272
« 273
« 274 275
** 276
tt 277
tt 340
" 359
« 374
" 428
" 475
" 476
" 481
" 522
« 540
•* 541
« 64S
« 560
« 580
« 690 ** iii. 13
« »14
" 15
« 20
« 91
" 119
« 124 153
« 199
" 205
« 223
•* 223
** 224
« 839
« 346
" 262
« 278
« 281
" 286
" 321
" 423
" 432
« 469