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(i2d^4 






<^^ 



GENERAL INDEX 



FIRST, SECOND AND THIRD VOLUMES 



KINNE'S LAW COMPENDIUM. 



ASA KINNE. 



VOLUME FOUBTII. 







~ 




NEW YORK 






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 • ^ . 

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 


i 390, 394— ii. 470, 498 


L. 471— iii 


.193,197,298 




Vol i. 384 


. 


« 385 




« 387 


• 


« 390 




« 390 


• 


" 391 




. « 391 


• 


« 392 




«* 392 


. 


« 392 




«* 393 


. 


«^ 394 




*" U.137 


. 


« 166 




« 167 


. 


« 169 


Vol.u 


. 315, 316, 414 


. 


« 436 




« 476 


. 


« 706 




•* 727 


. 


« iu. 76 




97 


. 


« 115 




Vol. iii. 356 




" 506 



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 





. Vol. 


L 21 


, 


u 


21 




u 


22 




u 


22 




tt 


22,23 




u 


23 




(C 


23 




u 


23 




« 


23 




tt 


24 




u 


24 




CI 


24 




u 


24 




tt 


24 




« 


• 24 




u 


25 




tt 


25 




« 


25 




tt 


25 




M 


25 




tt 


26 




M 


26 




U 


26 




tt 


26 




M 


26 




tt 


27 




tt 


27 




tt 


27 




u 


27 




« 


27 




« 


28 




tt 


28 




u 


28 




tt 


28 




« 


28 




« 


28 




« 


20 




« 


29 




« 


29 




M 


29 




tt 


29 




a 


29 




a 


29 




u 


30 




tf 


30 




« 
• 


30 




tt 


30 




• 


30 






30 



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. 





. Yoiurt 




« sn 




" 58 


, 


58 




58 


, 


58 




58 


, 


58 




« 58 


• 


« 50 




" 50 


VlflTXO 


STATES. 


, 


V<^i 54 


, 


65 


, 


« 55 



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 



VoL i. 410 


. " 14,108 


14 


, « 43 


" 47,40 


" 47, 50. 


« 48 


Vol. i. 72, 73, 74. 


VoLi. 74; 


VoL i. 90, 134, 142 


VoLi. 100 


" 102 


. VoLi. 105^106 


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 



• • 


VoLi. es 




iia 


VoLi. 


126, 309, 378 


, 


VoLilM 


, , 


« 230 




« 231 


, , 


•" a88 




« 279 


• 


« 294 




« 383 


, , 


" 489 


ce 


« 534 



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 



. VoLj 


n. n 




79 




79 




79 


• 


SO- 




SO 




80 




80 




80 




97 




97 




97 




97 




97 




97 




98 




96 




98 




109 




193 




193 




130 




237 




238 




266 




267 




274 




351 




487 


VoLi 


liL 96 


tt 


93,94 


u 


93 


It 


94 


tt 


94 


a 


94 


« 


94 


tt 


94 


. YoLilL 99 


u 


99 


« 


09 


« 


99 


« 


99 


« 


99 


. ToLiiL 05 


tt 


05 



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 



. VoLiii. 96 


u 


M 


. VoL 


lii. 96 


t( 


96 


K 


96 


U 


96 


. Vol. 


iii 81 


u 


81 


a 


81 


« 


81 


u 


81 


u 


81 


u 


82 


u 


83 


« 


82 


<t 


82 


tt 


83 


u 


83 


u 


8d 


u 


83,83 


u 


84 


Vol. 


iii 89 


u 


89 


(( 


89 


u 


89,90 


M 


90 


« 


90 


u 


90 


u 


90 


u 


90 


« 


90 


tt 


90 


tt 

• 


90 


tt 


91 


« 


91 


tt 


91 


« 


91 


a 


01 


« 


M 


« 


n 


o 


01 


tt 


91 


u 


98 



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. 



AUCTIONEERS. 






AuoTioNEBES— How considered . . YoL L 249— 128, 268 


Disqualified to purchase for themselves 


. YoLi 


. 25 


Verbal declarations by, at sale .... 


C( 


36 


Liability of ..... 


« 


42 


Factor putting goods in the hands of . 


u 


51 


Property placed in the hands ot, by assignee 


« U.113 


Salesby ..... 


«iu.l28 


Writing one^s name down as highest bidder 


u 

• 


270 


Authority by announcing bid 


(1 


270 


Liability for selling stolen goods 


cc 


270 


AUDITOR. 






Auditor— Misapplying funds . ' . . 


YoLU 


332 


Cannot inquire into judgment 


. " iii 


.128 


What a good discharge before . . • • 


« i 


42 


AUTRE DROIT. 






AuTEB DaoiT— Fraud by partner in 


. YoLii 


367 


Possession in . . . . 


tt 


716 


AUTHENTICATION. 






Authentication — Of judgment 


. Yoiaie 


Of power of attorney . . . . . 


u 


512 


Of certificate of an officer . . . ^ 


. «* i 


369 


Ofacts of assembly ..... 


« iii. 


27 


AUTHORITY. 






AuTHOKiTY— Of directors of banks . 


YoLi. 14, 


108 


Ofan agent, how created .... 


. YoL i. 


17 


For drawing bills inferred . , \ 


u 


17 


As to one creating himself -agent without 


K 


17 


Roman law as to agent's acting without . 


« 


18 


Payment without, when binding 


n 


18 


Powers of agent enlarged or varied by implied 


u 


18 


What equivalent to express 


u 


19 


Of wife in absence of husband .... 


cc 


19 


To agent governed by written instrument 


u 


19 


Parol, to accept a bill . . . , 


u 


20 


Of agent to sign contract of guarar t} 


u 


20 


Agent departing from ..... 


u 


21 


Special must be strictly pursuea 


u 


28 


General, to sell how construed 


M 


23 


Of fiictor to pledged goods . . f , 


u 


24 


Limited by instructions . , . 


u 


25 


Cashier of bank implied . . 


i( 


26 


Given to t^o how ezer^iised . Yol 


. L 26-ii. 408 


Of attorney to convey lands 


YoLL 


27 


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 . • 



• 


YolL S8 


J____ 


H 


29 


dorse 


U 
U 


29,87 
29 




tt 


29 




U 


31 




u 


33 




tt 


34 




tt 


35 




tt 


39 




M 


52 




a • 


54 




tt 


55 




« 


56 




IC 


58 




M 


61 




K 


02 




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 

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 ca nc e lled . ** 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 
X TD ce ei lHi gH ' 
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 pro c eed 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 



Vol. 


iL 83 


u 


L 78 


tt 


77 


tt 


148 


( 


149 


u 


151 


n 


212 


u 


418 


u 


ii. 80 


K 


80 


U 


80 


tt 


81 


U 


81 


U 


83 


tt 


84 


It 


90 


«213h2U 


« 


237 


tf 


238 



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 



Vol. i 195 


u 


344 


u 


324 


M 


325 


U 


344 


'cf 


345 


tt 


341 


tt 


441 


tt 


445 


tt 


ii. 34 


u 


iu.28a 


« 


i.347 


YoLl. 64 


« 


299 



116 



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 



Vol 


iii. 315, 316 


• 


VoL i. 272 


• 


" 366 


, 


" u. 13 


, » 


« 31,35 


• 


« 80 


, , 


43 


. .Vol. ii. 46, 49, 54 


irt . 


VoLii. 51 


, 


« 66,57 


. 


« 61 


VoL ii. 107, 108— iii. 64, 65 


Vol. if. 444-456 


, 


Vol. li. 489 


• • 


** 629 


• 


« '633 


. 


" 651 


, 


« iu. 88 


\ . 


« 98 


to practiee ii 




. 


« 100 


• 


" 99, 100 


, 


• lis 


» 


« 283 


« ■• 


« 313 


• 


« 360 


. 


Vol. l 324 



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 • 

16 



. 


Vol. 


ii.525 


VoLiL525— 527 


. 


VoL 


ii. 530 




••fi30i531 


. 


tt 


531 




• 


L320 


• 


Voi,ii.«41 




C( 


i.474 


• 


VoLi ;99 




<« 


199 


• 


« 


199 




« 


199 


■1 


« ' 


199 




u 


199 


• 


« 


200 



122 



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 ^ MM ge 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- 
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 


« 


94 


« 


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 


tt 


134 


tt 


159 


cc 


155 


u 


978 


cc 


541 


tt 


iL 12 


a 


13 


« 


ill. 39 


(( 


39 


YbliL283 


» 


283 


Mi. 


283 


m. 


ste 


«' 


264 


«« 


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 



. Vol 


U.481 


C( 


-4d9 


tt 


502 


u 


513 


a 


702 


K 


705 


"706,707 


• a 


708 


VoLiii. 


42--49 


tt 


44 


« 


45 


K 


45 


tt 


46 


« 


46 


CC 


51,53 


D 

4C 


•57,58 


*« 


64—66 


'tt 


69—72 


SI 

a 


75 


t« 


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 
a mwhifW ltfTftlid ...... 

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^ 


C( 


400 


tt 


451 


" ii 


.210 


« iii.336 


(( 


336 


-« 


337 


«( 


427 


VoLi. 382 


u 


421 


« ni 


. 74 


<«d89,300 


u 


390 


VoLlSW 


u 


286 


u 


286 


u 


286 


II 


286 


a 


286 


u 


286 


u 


287 


u 


287 


tt 


287 


J7— iu 


.293 


VoLi 


.287 


u 


287 


M 


288 


U 


289 


U 


289 



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 



. Vol 1569,660 


u 


561 


tt' 


569 


*^ 


576 


tt 

• • 


680 


. "684,586 


« 


iL 18 


. *« 


26 


tt 

• • 


27 


M 


27 


tt 


41 


tt 


53 


Miofviiidictit« " 


69 


« 


64 


. " 


106 


tt 


107 


« 


166 


CI 


166 


. «1«5,1W 


tt 


220 


tt 


263 


irive . " 


273 


. « 


973 


« 


274 


«« 


274 


"279,280 


. « 


280 


"303,383 


• "330,331 


tt 

• • 


334 


tt 

• • 


336 


« 


^7 


tt 

• • 


412 


"425,426 


. Vol 11469,460,461 


VoL 


ii.472 


tt 

• • 


6U 


tt 

• • 


548 


• "663,364 


. 


571 


. « 


579 


« 


580 


tt 


580 


tt 

• • 


692 


« 


619 


« 


621 


tt 


635 


tt 


638 


i^inm ' " 


649 



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 



oLiii. PO 


M 


101 


CC 


113 


tt 


120 


U 


122 


U , 


122 


u 


122 


u 


139 


u 


204 


a 


204 


u 


212 


tt 


231 


C( 


230 


M 


277 


a 


290 


Vol 


i 11 


d 


54 


u 


77 


u 


93 


u 


99 


CC 


129 


tt 


147 


tt 


159 


M 


190 


« 


239 


« 


286 


M 


332 


« 


339 


tt 


342 


tt 


^3 


"410,417 


« 


440 


« 


473 


u 


511 


u 


541 



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 



Vo- 


iL337 


tt 


340 


cc 


395 


« 


404 


u 


407 


u 


409 


« 


507 


tt 


560 


« 


671 


(C 


610 


iC 


613 


u 


646 


« 


686 


« 


iii. 13 


cc 


15 


cc 


64 


cc 


77 


cc 


113 


cc 


118 


tt 


125 


a 


142 


tt 


143 


«21«,3(» 


M 


237 


a 


346 


a 


362 


cc 


414 


tc 


504 


Vol. 


ii. 66 


tt 


66 


Vcl. 


i. 366 


Vol 


.i.294 


IC 


17 


« 


27 


IC 


29 


Cf 


66 


c: 


149 


cc 


149 


tt 


187 


u 


202 


tt 


203 


« 


204 


tt 


2oe 


tt 


211 



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 



. 


VoLlSOI 


, 


u 


302 


• 


u 


303 


L a03-ii. 191 


,198 


, 


VolL303 


of a 






, 


« 


303 




« 


303 




m 


304 




« 


304 


, 


u 


304 




tt 


305 


, 


« 


305 




« 


305 


. 


a 


306 




M 


306 


, 


u 


307 




"307,402 


. 


tt 


307 




M 


308 


, 


a 


308 




u 


306 


• 


tt 


308 




tt 


308 


, 


« 


308 




tt 


309 


, 


K 


309 




ic 


309 


• 


« 


309 




**300,378 


, 


« 


309 




"300,334 


. 


tt 


309 




« 309, 310 


, 


M 


310 




«( 


310 


« 


tt 


310 




K 


310 


• 


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310 




tf 


310 


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312 




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« 


313 


• 


« 


319 




tt 


832 


• 


tt 


335 



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 


u 


109 


» 


219 


u 


261 


• 


272 


<c 


273 


« 


321 


K 


455 


. Vol. 


1.378 


u 


• 379 


., « 


ii. 190 


44 


191 


M 


191 


€C. 


228 


. Vol. 


1174 


Vol.i.222— iiLa4 


" 314,3X5,316 


VoL i. 315 


u 


346 


u 


402 


41 


506 


« 


506 


!iap- 

« 


507 


«iiL 91 


C( 


97 


V61. 


i 41 




149 




174 




1S8 




203 




222 




229 




241 




333 




341 




385 




390 




44d 




4^ 




463 




538 


« 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 



Vol. 


ill. 9! 


u 


109 


a 


219 


a 


261 


« 

• 


272 


€1 


273 


tt 


321 


K 


455 


. Vol. 


1. 378 


u 


' 379 


.. « J 


a. 190 


M 


191 


• 


191 


C(. 


228 


. Vol. 


i 174 


Vol.i.222— iiL24 


« 314,315,316 


VoL 


i. 315 


u 


346 


u 


402 


u 


506 


u 


506 


!iap* 


507 


«iiL 21 


tt 


97 


V61. 


i 41 


f 


149 


« 


174 


tf • 


188 


u 


203 


tt 


222 


« 


229 


tt 


241 


« 


333 


« 


341 


tt 


385 


M 


390 


« 


445 


« 


4^3 


« 


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 


-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 




"iu. la 


<««A 


u 


55 


mie 


1- 

tt 


82 


, 


« 


92 




tt 


ICB 




. Voi.i 


. 48 




M 


74 




U 


78 


mn»A 


M 


88 


mao 


e 

tt 


87 




« 


88 




tf 


89 




tt 


89 




tt 


89 




tt 


90 




^ « 


90 




« 


91 




^ « 


98 




« 


04 


( 


« 


107 



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. ; 



* • • 


u 


009 

391 




(( 


391 


d 


u 


391 




u 


392 




u 


393 




tt 


394 




tt 


395 




tt 


395 




tt 


396 




« 


396 




u 


396 




« 


397 




u 


397 


• . 


« 


399 




<c 


399 


. 


M 


400 




U 


400 


>f partner 


«c 


401 


. 


• « 


401 



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 



. Volii 


66 


VoLii 


. 66 


. Vol : 


328 


*« 423, 424 


. " il 


93 


tt 


95 


If 


289 


u 


291 


. «iU 


388 


u 


426 


VoLi 


.305 


u 


369 


•* ii 


. 14 


tt 


16 


u 


17 


tt 


18 


tt 


18 


tt 


21 


tt 


22 


u 


22 


tt 


23 


tt 


23 


tf 


23 


tt 


25 


re 


42 


"26,63 


u 


71 


u 


100 


tt 


109 


C( 


113 


tt 


113 


« 


113 


M 


125 


tt 


126 


r « 


126 


« 


127 


tt 


127 


u 


134 


u 


145 


tf 


147 


a 

A 


193 


u 

« 


158 


It 


174 



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 » 



»st Vol 


ii.334 


tt 


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u 


353 


K 


354 


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354 


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tt 


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tt 


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tt 


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tt 

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u 


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• 


435 


tt 


437 


tt 


439 


u 


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u 


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M 


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tt 


64 


U 


80 


tt 


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u 


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tt 


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cc 


93 


« 


94 


(1 


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98 



. Vol j. 


336 


tt 


336 


« 


337 


tt 


337 


« 


338 


tf 


338 


« 

• 


338 


tt 


339 


« 


340 


tt 


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Vol L 66, 270. 299 


Vol. i 


330 


« 


357 


tt 


399 


. « ii 


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39 


M 


44 


« 


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a 


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^ « 


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186 



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 




u 


116 




u 


116 




u 


117 




u 


184 




a 


185 




u 


198 




u 


240 




M 


530 




11 


539 


• . 


C( 


548 




" iii 


. 78 




tt 


214 




M 


336 



Vol. 


iii 


136 


i( 




136 


tt 


ii 


579 


i( 


iii 


.128 


u 




118 


n 




270 


Vol. 


ii. 


66 


Vol 


.i. 


341 


u 




341 


u 




342 


M 




343 


M 




21 


tt 




27 


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 



YbLi. 


336 


VoLi. 


108 


VoLii 


. 24 


u 


71 


cc 


534 


a* 


547 


"k 


.147 


Vol. L 


343 


U 


34a 


11 


186 


(t 


803 


Vol/i. 


343 


u 


344 


II 


344 


u 


344 


u 


344 


w 


345 


u • 


345 


u 


345 


w 


36 


« ii 186 


«iii 


147 


u 


148 


Vol.!. 


346 


({ . 


346 


u 


346 


« 


346 


M . 


347 


II 


347 



VoL 


L347 


tt 


347, 


u 


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CI 


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350 


cc 


351 


tt 


351 


"351 352 


u 


391 


u 


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« 


104 


tt 


104 


tt 


112 



!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 





Vol. i. 356 


, 


" 356 




« 356 


le 


" 356 




« 356 


, 


« 357 




« 357 


, 


« 358 




• 358 


Vol.i 


.358-^.556 


I , 


Vol L 359 


, 


« 359 




« 359 


• — 


u 3ea 


, , 


« 400 


, 


« ii.375 


, 


«Jii.l49' 


, 


« 176. 


• 


**iL 28 


• • 


Vol. L 360- 


. 


« 8» 


ToLi^ 114,119, 125^ 




138--iiLl06 




VoL i. 96 


• 


« 126 




" 14a 


, 


« 144 




«' 148 


•, 


« 18a 




« 2^4 


. 


«223,4<» 




« ii. 10 




« 430 




« m.l22 


• 


« i. 376 




515 


, 


« 618 




« u. 101 


, 


« 136 




« 231 


, 


« 374 




« 460 


e&ceofit 


« 621 


. , 


« iii. 147 


• 


« 198 




«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 



VoL 


i.4M 


t< 


485 


u 


551^ 


u 


570 


VoL 


L239 


tt 


319 


u 


350 


. « 


353 


tt 


354 


tt 


358 


M 


359 


tt 


516 


3,583,564 


Vol 


i.570 


u 


ii. 11 


u 


22 


u 


31,32 


u 


40 


tt 


97 


« 


120 


M 


121 


U 


130 


U 


135 


u 


1J9 


tt 


14S 


"148,149 


tt 


155 


u 


163 


tf 


171 


u 


197 


M 


219 


tt 


343 



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 



Vol 


i.384 


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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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a 


452 


«. U 


.493 


**495,7i6 


u 


725 


"iii 


. 86 


u 


272 





u 


205 




u 


206 




It 


208 


. 


"209,210 


'- 


(C 


301 


Vol 


.ii. 393, 396 




(i 


560 




u 


725 




Vol, 


4 

i.301 




M 


ii.5a6 




Vol. 


i.301 




u 


463 



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 ^^ 



Vol.i 


.304 


u 


463 


- U 


.526 


u 


531 


u 


711 




» 


VoLu! 


.543 


Vol. l 


.337 


« ii. 


.278 


. VoLi. 


,305 


1 


531 




OT5 


« iii. 


146 


u 


396 


. VoLi 


3O0 


u 


301 


Vol i. 71, 


.109 


tf 


3P6 


•* u. 


217 


ft 


366 


a- 


646 


"iii. 


.272 


tt 


273 



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 


u 


236 


(t 


337 


u 


238 


u 


iu. 9 


tt 


12 


u 


77 


u 


219 


(t 


346 


u 


434 


u 


483 


Vol. 


I, 268 


i( 


• 272 


<( 


276 


(( 


281 


« 


282 


'C 


395 


(( 


511 


(I 


ii. 54 


a 


55 


« 


56 


« 


61 


« 


69 


u 


72 


(( 


73 


u 


83 


.1 


186 


it 


186 


11 


201 


u 


209 


u 


239 


u 


245 


« 


485 


a 


517 


(C 


522 


i: 


524 


ti 


531 


u 


587 


u 


588 


u 


636 


u 


637 


•( 


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; 


u 


278 


(( 


319 


u 


330 


u 


320 


u 


929 


u 


530 


u 


544 


u 


323 


Vol. 


ii. 607 


cc 


i. 47 


CI 


153 


tt 


154 


u 


103 


« 


178 


I' 

u 


179 


tt 


235 


« 


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(t 


477 


u 


477 


iC 


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u 


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u 


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a 


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u 


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u 


480 


« 


487 


tt 


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u 


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tt 


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CI 


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tt 


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570 


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VoLu.991,592 


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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 



Vol. 


i.558. 


<( 


558 


<c 


559 


u 


559 


w 


560 


4( 


561 


<( 


566 


u 


567 


w 


568 


i( 


568 


(C 


568 


iC 


569 


t( 


570 


"671,572 


u 


572 


u 


473 


u 


521 


L 573— 580 


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 



•^ 



«TO,«0 


•< U.640 


« ill. 199 


VoLi 314 


*• iL478 


Vol. L 240 


« 264 


«*. 279 


« 361 


« 370 


« iil06 


" 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 



oL 


i. 15 


» 


189 


tt 


974 


tt 


282 


« 


297 


(( 


'308 


« 


347 


cc 


357 


{{ 


391 


cc 


397 


u 


462 



« ii. 30 

" 53 
« 443,444 
« 510 
« 531 
"552,623 
" iii. ^ 
" 215 

** 217 



VoL I. 


297 


(( 


297 


u 


296 


cc 


300 


Cf 


304 


(C 


306 


tt 


309 


u 


310 


a 


402 


cc 


451 


« u 


.712 


" iii 


. 60 


tt 


93 


u 


121 


u 


231 


u 


235 


K 


494 


VoLi 


. 294 


cc 


299 


» 


300 


a 


300 


a 


303 



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 



VoLi. 


76 


u 


76 


u 


78 


u 


78 


tt 


79 


u 


79 


u 


79 


80,137, 


146 


VoLi. 


81 


K 


81 


M 


€Q 


C( 


83 


U 


84 


U 


86 



" 188 

"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 . 



. VoL] 


1. 439 


tt 


429 


. Vol.L42d-.iij 


1.180 


VoL 


1.430 


u 


430 


• 


430 


tt 


431 


ce 


431 


K 


432 


u 


432 


u 


433 


u 


433 


u 


433 


"433,434 


u 


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M 

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tt 

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« 


435 


tt 


435 


U 


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« 


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tt 


436 


<c 


437 


(t 


438 


M 


438 


tt 


438 


« 


439 


« 


440 


M 


441 


U 


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U 


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u 


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« 


445 


tt 


446 


" 


447 


K 


448 


o 


448 


tt 


449 


tt 


449 


the mother to 




M 


450 


« m.284 


u 


310 


Vol 1197,198 


"" 467, 468 


s. Vol J 


L 497 



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. 



. Vol. 


i. 19 


tt 


191 


tt 

4 


202 


1 


205 


tt 


205 


u 


206 


tt 


207 


<{ 


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M 


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tt 


210 


M 


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326 


W 


351 


tt 


360 


« 


445 


tt 


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« 


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M 


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, tt 


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M 


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tt 


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. «i53,154 


i. 161, 162, 163 


. Vol. 


u. 174 


K 


246 


(( 


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tt 


291 


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464 


(C 


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91 

tt 

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M 


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(( 


193 



/ 



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 
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 



u 




316 


u 
u 




?35 
4S0 


u 




483 


u 


ii 


. 26 


u 




414 


u 




4S3 


M 




620 


tt 




707 


K 


iii 


.131 


U 




146 



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 



VoL 


L327 


tt 


U.102 


M 


146 


image 

u 


157 


CI 


245 


• u 


292 


« iU. 138 


« 


194 


Vol. 


L474 


Vol i. 509, 510, 512 


Vol 


i.511 



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 . 



Vol. 


i.380 


a 


116 


u 


249 


VoL 


L319 


(i 


4d8 


u 


il 19 


u 


489 


u 


491 


u 


498 



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 ^ « 



VeL 


i. 327 


a 


346 


u 


iL 15 


u 


21 


Vol 


L460 


M 


461 


U 


461 


H 


461 


U 


461 


"384,461 


w 


469 


tt 


463 


tt 


463 


w 


463 


u 


463 


CI 


463 


tt > 


463 


• 


468 



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 


<( 


463 


CI 


463 


tc 


463 


tt 


463 


tt 


119 


tc 


191 


tt 


202 


« 


202 


tt 


202 


M 


203 


tf 


205 


a 


228 


u 


264 


u 


317 


ct 


323 


a 


422 


c« 


422 


r 


422 


cc 


441 


>I 

(1 


500 


M 


ii 69 


tt 


75 


•. "120,130 


K 


164 


U 


289 


tt 


290 


a 


290 


tt 


291 


u 


384 


C( 


425 


tf 


428 


M 


484 


(C 


513 


tt 


634 


K 


ill. 14 


tt' 


.176 


tt 


177 


"185, 186 


tt 


195 


« 


196 


. «196,40» 


tt 


196 


c< 


388 


tt 


390 


It 


396 


u 


402 


*<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 


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u 


484 


u 


484 


tt 


484 


w 


485 


r. 


485 


tt 


485 


tt 


485 


CI 


486 


tt 


486 


> 


486 


•c 


486 


I* 


^7 


tt 


487 


M 


488 


U 


4Q8 


K 


593 


VoL i. 489 


C( 


489 


« 


496 


« 


490 


tt 


490 


u 


491 


M 


499 


« 


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 


U 


W 


M 


SO) 


M 


001 


« 


501 


C( 


501 


U 


501 


a 


50S 


a 


509 


a 


503 


tt 


503 


a 


503 


Cf 


503 


a 


503 


u 


503 


u 


504 


u 


504 


1 

« 


504 


a 


509 


. VoL 


L 509 


« 


509 


(4 


' 506 


U 


506 


U 


506 


« 


507 


« 


507 


« 


507 


tt 

• 


508 


« 


508 


, II 


508 


cc 


500 


« 


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 



VoLi 


.580 


tt 


581 


u 


581 


u 


581 


a 


582 


IC 


582 


tt 


583 


Vol. i 583 


K 


584 


U 


585 


VoL 


L586 


u 


586 


VoL 


1587 


V<d. 


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 



Vol. 


U.260 


u 


. 342 


u 


ui.263 


M 


412 


l( 


487 


VoL 


iLVM 


ct 


124 


tt 


125 


Vol. 


i. 323 


« 


386 


U 


380 


H 


394 



« 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 



Vol. 


i 3U 


u 


32« 


tt 


333 


VoL 


i. 474 


u 


532 


II 


ii.423 


u 


584 


«679,6» 



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 



Vol. 


u. 50 


u 


443 


i( 


457 


<( 


460 


« 


461 


tt 


462 


« 


469 




« 


- Vol. 


i 301 


VoL 


L 186 


u 


423 


. Vol. 


uL336 


VoL 


i. 39 


u 


487 


u 


581 


VoL 


L 428 


tt 


428 


VoL 


iL 472 


tt 


L 356 


« 


360 


M 


361 



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 ...... 



Vol. 


ii. 45 


u 


55 


(( 


63 


"107,188 


« 


263 


ct 


275 


tt 


376 


•* 474,475 


u 


477 


(( 


481 


"483,484 


« 


641 


CI 


549 


u 


Ui. 24 


u 


82,87 


u 


83 


u 


89,96 


tt 


119 


(I 


364 



\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 



Vol. ii 478 


V 


480 


a 


iU.416 


Vol. iu. 17, 10 


. Vol. 


i. 271 


M 


271 


tt 


403 


« 


318 


VoL 


U.490 


« 


496 


u 


906 


K 


531 


Vol. iL 372 


. Vol 


i. 326 


« 


364 


•s 


434 


« 


433 


« 


457 


Vol. ii. 


13,14 


. VoLii. 43 


It 


13S 


<( 


271 


K 


iii.119 


«» 


182 



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 



y«Lii. 


!!• 


u 


19 


Vol.iL 


13 


It 


IS 


u 


U 


a 


16 


a 


15 


u 


1$ 


u 


16 


u 


199 


Vol iL 


16 


a 


17 


a 


17 


(C 


18 


a 


18 


a 


18 


u 


10 


u 


90 


a 


90 


•1 


91 


VoLu. 


99 


a 


9S 


tt 


99 


tt . 


23 



VoLu. 


93 


tt 


94 


tt 


29 


VoLiL 


91 


U 


90 


' tf 


90 


tt 


90 



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 



. VoLfi. 


27 


. V0I.U. 


27 


tt 


28 


u 


10 


u 


10 


u 


11 


(t 


15 


i( 


15 


tf 


63 


tt 


120 


a 


1S6 


u 


104 


« 266, 410 


u 


281 


u 


315 


f 


340 


u 


369 


u 


370 


rts « 


32 


(1 


38 


i( 


39 


(t 


56 


It 


71 


tc 


112 


tt 


194 


(( 


261 


u 


269 


•c 


282 


tt 


421 


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 


u 


10 


M 


10 


U 


10 


u 


10 


u 


10 


a 


11 


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 .... 
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 


« 


3M 


u 


341 


u 


371 


M 


271 


« 


8S7 


M 


4M 


IC 


460 


« 


tt. 60 


tt 


60 


u 


70,71 


u 


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 


i.38» 


t( 


39T 


u 


3W 


t( 


385 


u 


3OT 


u 


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 


u 


246 


If 


305 


"491,493 


(C 


492 


u 


496 


u 


496 


C4 


512 


u 


533 


tt 


543 


u 


552 


u 


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 


a 


65 


(4 


65 


{( 


65 


M 


66 


tt 


66 


tt 


67 


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67 


u 


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u 


68 


M 


i. 37 


tt 


65,66 


w 


76. 


u 


91 


u 


128 


V 


135 


u 


149 


u 


165 


u 


1-67 


tt 


187 


(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 


u 


iL 11 


VoL 


U.644 


ti 


648 


u 


681 


Vol 


u 6& 


tt 


65 


VoL L 390 


« 


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 


rouoT. 






, 


. VoL 


L469 


• 


« 


470 


^ 


a 


470 


, , 


<c 


470 


. 


«c 


471 


, , 


u 


472 


. 


« 


472 


• » 


u 


472 


, 


a 


473 


• 


tt 


473 


, 


a 


474 


• 


CI 


474 


• 


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 


u 


487 


c< 


487 



488 



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. 





u 


500 






II 


301 




. 


M 


SOI 






U 


501 






i< 


502 






u 


509 




, 


(t 


503 


1 




u 


503 




, 


u 


503 






U 


504 




• 


It 


504 






. VoL 


L 505 




. 


ti 


506 


$ 




u 


500 


, 


It 


507 






u 


5or 




. 


u 


504 




. 


tt 


508 




. 


tt 


500 






u 


509 


i 


. 


u 


510 






II 


513 






VoL 


i.Si9 






u 


520 






tt 


590 






IC 


520 




BlOtt 


« 


521 






tt 


523 






u 


524 






tt 


534 






« 


524 






IC 


525 






u 


525 






« 


535 






« 


528 






tt 


529 






ft 


539 






(1 


539 






« 


530 




. 


u 


S31 






« 


83t 




• 


« 


^33 






m 


SXS 





I 



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 





VoL 


i.534 


. 


a 


534 




u 


535 




. Vol 


1.536 


. 


u 


536 




a 


536 


. 


tt 


537 




« 


538 


. 


M 


538 


b: 


r the policy . ** 


539 


, 


a 


539 




M 


540 




. VoL i. 540 




tt 


540 




u 


541 


. 


u 


542 




tt 


543 




. Vol. 


i.543 


. 


tt 


543 




it 


544 




. Vol. 


i.545 




M 


545 




U 


545 




U 


546 




U 


647 




tt 


547 




« 


648 




u 


54d 




M 


549 




« 


549 




IC 


451 
451 




It 


552 




u 


552 




IC 


553 




u 


554 




« 


554 




u 


555 




. Volt 655 




« 


556 



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 


u 


62« 


Vol. 


ii. 69 


C( 


69 


u 


69 


u 


69 


tt 


70 


u 


71 


u 


71 


tt 


72 


tt 


72 


u 


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 


u 


97, 8S 


tl 


88 


M 


88—90 


U 


88 


t 


89 


(C 


89,90 


u 


90 


it 


91-09 


« 


. 91 


li 


91 


It 


93 


u 


02,93 


u 


99 


« 


92,93 


M 


93 


C( 


93 


(( 


93,94 


It 


94 


11 


9£» 


li 


95,96 


C( 


96 


II 


97 


u 


97 


u 


97,98 


u 


98 


u 


«? 


l« 


99,100 


CI 


90,100 


(1 


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 



VoL 


iL 69 


u 


i.336 


u 


iL 70 


n 


70 


<• 


To 


tt 


70 


u 


70 


. a 


337 


M 


537 


Vbl. 


u. 6tf 


M 


70 


CI 


70,71 


M 


78 


tt 


535 


{( 


537 


U 


539 


u 


540 


Vol 


L300 


tt 


386 


Vol IL 013 



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 a j l wn 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 



VoVL261 


« 264 


« 265 


280 


« 349 


" 384 


"385,366 


" 386 


« 886 


451 


" 463 


"463,464 


"464,465 


« 465 



" 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 



VoLii. 115 


" 116 


"115,116 


**116,117 


« 117 


« 117 


" 117 


"U7,120 


« 118 


" 118 


" 118 


« 119 


« 119 



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 

42 



. 


<( 


525 




' it 


525 


Vol. 


i. 526-528 




Vol. 


1. 528 




M 


528 




M 


529 




U 


529 




(( 


5$6 


m- 

0^ 








U 


ii. 188 




u 


231 




u 


232 



530 



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 



93 



u 


93 


u 


104 


"107,108 


u 


110 


u 


125 


u 


138 


u 


144 


a 


213 


" iii 


132 


(1 


132 


•( 


133 


Volii 


.118 



Tol. ii. 106 

- i. 363 

« 489 

« 430 

*• 431 

« 483 

« 434 

.« 435 

« 437 

*« ii.l35 

** iii. 430 



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 

« 13& 

« 139 
13» 
140 
140 
140 

« 140 
39 

« 44 

» S2,S3 

" ill. 431 



VoLii. 


43 


-in. 


les 


VoLL 


337 


VoLL 


437 



497 



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 



Vol. 


u. 582-^88 


old 


Vol. i. 


251 




« u. 


644 


Lon 


u 


648 
681 




VoLii 


.141 


. 


(f 


141 




« 


141 



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 



VolL22» 


2M 


"2M,25cl 


310, 320, 463 


Vol. i. 334 



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^ 



Vol 


U.166 


tt 


166 


u 


167 


u 


169 


Vol, 


i. 23 


tl 


68 


« 


445 


u 


448 



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 



Vol. 


i. 


361 


Vol. 


ii 


17 


ii 




213 
543. 
580 


(( 


iii 


. 70 


u 




06 


u 




103 



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 



VoLiL 


30,31 


VoL 


lii. 30 


u 


31 


ii 


31 


u 


30 


. VoL L 453 


(I 


463 


f " 


ii. 59 


u 


287 


u 


290 


tc 


464 


u 


520 


a 


534 


i( 


563 


' i( 


638 



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 



VoLi 


279 


u 


279 


« ii 


79 


«iii 


286 


u 


18 


K 


18 


U 


18 


tt 


IS 


M 


41 


VoLu. 


253 


« iu 


263 


VoLL252 


u 


252 


« 


256 


u 


258 


n 


264 



301 
'401 
491 



Vol. 


1490,491 


. 


« 473 




"491,492 


, ^ 


« 49S 



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 . 



u 


443 


f 


473 


M 


u. 17 


U 


27 


* 

a 


127 


if 


124 


a 


160 


tt 


179 


« 


945 


»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^ 



y«L i. 196 


tt 


475 


« 


542 


u 


551 


« U 


25 


t( 


d5 



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 



It 


239 


u 


240 


u 


666 


«iu 


. 12 


M 


00 


U 


343 


U 


468 


U 


482 


Vol. ii. 


.264 


u 


267 



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 



Vol. 


L 464 


VoL 


i. 277 


•( 


386 


• 


iii.326 


Vol. 


li. tc 


u 


65 


Vol 


i. 4d6 


It 


456 


tc 


457 


u . 


427 


u 


427 


u 


428 


Jl 


429 


"429,430 


•€ 


430 


U 


430 


U 


352 


(( 


362 


> 


430 


•4 


430 


H 


430 


■i 


432 


u 


432 



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 



. Vol 


i. 174 


« 


175 


u 


U.551 


K 


552 


(C 


585 


CI 


588 


u 


617 


u 


633 


a 


683 


u 


iu.216 


u 


407 


a 


428 


Vol. 


ii.2d2 


u 


262 


ghtto 




"263,264 


u 


342 


. Vol 


.i. 18 


n 


96 


« 


165 


u 


166 


u 


176 


u 


192 


u 


325 


u 


386 


i who 




u 


438 


u 


471 


" 


508 


a 


. 521 


tt 


558 


« 


ii. 192 


u 


194 


u 


231 


u. 


23P 


u 


265 


ft 


290 


tt 


411 


it 


412* 


il 


414 


u 


475 


u 


517 


tt 


580 


a 


636 



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 




u 


116 


. 


u 


116 




l( 


120 


, 


C( 


122 




(( 


123 




(( 


124 




u 


139 


. 


41 


285 




U 


u.aoi 


rest 


u 


203 




w 


234 




K 


538 




u 


iii. 35 


. 


u 


• 147 


ote. 


It 


297 




"301,302 




u 


359 



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 



. Vol. 


u 


200 


u 




370 


u 




435 


it 




483 


Vol. iii. 83, 87, 90 


Vol. 


iii 


. 92 


(( 




93 


K 




95 


U 




90- 


U 




96 


U 




113 


u 




123 


u 




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, 



VoLL 


89 


u 


90 


iC 


90 


u 


91 


t( 


91 


IC 


93 


u 


93 


u 


93 


<• 


93 


r "93 


,124 


u 


94 


tt 


95 


u 


96 


(i 


97 


M 


97 


. Vol. i. 


98 


u 


99 


(C 


100 


u 


100 


u 


101 


u 


101 


(( 


101 


CI 


101 


u 


102 


« 


104 


u 


104 


(( 


104 


a 


105 


u 


105 


u 


105 


u 


105 


u 


105 


u 


100 


u 


106 


M 


107 


K 


107 


U 


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M 


108 


(( 


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U 


109 


u 


109 


(( 


110 


u 


:io 


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110 


CI 


in 


tt 


112 


tt 


113 



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 



Vol 


i. 362 


u 


363 


<c 


443 


Vol. 


i. 53 


tt 


56 


tt 


58 


tt 


63 


« 


74 



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 



Vol.1 


. 75 


u 


8S 


" 91-^ 


u 


92 


(( 


92 


1.L92— iii 


.303 


t( 


93 


11 


93 


ii 


95 


u 


97 


u 


97 


u 


98 


«* 103, 124 


u 


106 


t( 


111 


u 


116 


l( 


134 


r- 

a 


125 


u 


126 


« 


128 


u 


131 


.» 


135 


it 


137 


;c 


138 


(C 


139 


C( 


140 


(1 


141 


g " 


142 


tt 


144 


t( 


144 


u 


144 


u 


145 


" 


161 


« 


168 


l( 


169 


M 


183 


M 


184 


tt 


184 


U 


184 


u 


185 


u 


185 


(C 


185 


e 

a 


196 


u 


213 


« 


22. 



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 . 



Vol 


i.Ll96 


VoL i. 312 


« 


ii. 561 


u 


iu.215 


VoL i. 341 


M 


ii.ll7 


a 


471 


M 


S3S 


U 


UL122 


Vol 


Li. 12 


u 


150 


(( 


197 


M 


347 


tt 


362 


« 


396 



430 





M 


436 




tt 


437 




C( 


442 




U 


446 




(C 


4ff7 




« 


ii. 21 




u 


27 




tt 


dS 




it 


94 




tt 


54 




tt 


64 




tf 


118 




tt 


147 




n 


276 




tt 


282 




tt 


489 




M 


519 




tt 


520 




M 


562 


try 


M 


618 


le re- 






VoliL 


619,620,021 


, 


Vol. 


ii. 622 


. 


tt 


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 . 



7oLiL644 


tf 


648 


C( 


652 


« 


653 


, « iiL 82 


•« 


120 


u 


165 


Qt - « 


180 


Vol. i. 426, 429 


,441 


Vol. i. 


434 


'* 435,436 


•* 439,440 


« 


439 


. u 


440 


process '^ 


440 


- " 


534 


^ ii. 


44 


Vol. u. 63— iii. 


138 


- Vol. ii 


107 


u 


219 


u 


471 


tt 


548 


u 


577 


u 


579 


m " 


582 


u 


618 


{( 


619 




621 


Vol. iu. 70, 77 


" 79,80 


« 


91 


u 


94 


u • 


100 


M 


123 


a 


228 


M 


231 


(t 


236 


M 


261 


« 


266 


K 


267 


tt 


368 


U 


372 


K 


477 


. Vol. i 


. 78 


« 


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 . 



. Vol 


Li. 292 


u 


317 


a 


405 


u 


510 


u 


iLl90 


n 


229 


11 


232 


u 


241 


u 


253 


u 


255 




412 


I 

u 


472 


ct 


484 


(t 


697 


M 


70? 


t( 


iii. 19 


u 


133 


(( 


235 


"261,263 


(4 


262 


(1 


327 


a 


411 


(( 


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 



Vol. 


i. 50 


u 


51 


u 


343 


(t 


365 


u 


377 


u 


379 


(t 


381 


(( 


492 


« 


510 


u 


ii. 112 


u 


265 


(( 


270 


" i 


iii. 75 



110 

in 
111 

112 



Vol. i. 


. 337 


(4 


270 


u 


271 


u 


271 


Vol. i. 


347 


Vol. ii. 


.287 


tt 


288 


$t 


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 



VoL i. 347 


Vol. i 581 


" 580 


« 581 


"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 



Vol. 


ii.fl67 


H 


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u 


488 


u 


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«" 499,(300 


«i 


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u 


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u 


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u 


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u 


18 



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 

60 



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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. 4 40 4 43 
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 . . . . 



VoL 


u. 84 


M 


85 


O 


86 


« 


97 


a 


98 


Vol«L353 


IC 


350 


« 


456 



400 



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 


tt 


18 


«l 


10 


U 


10,20 


. ' * 


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