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declarat.ons which are part of transaction, § 18"0.
agreement in writing, deemeJ the whole, 1856.
construction of statutes and instruments, rule of, 1858.
terms to be construed by general accepta ion, 1861.
of two constructions, wh ch to be preferred, 1864.
written instrument construe as understood by parties, 1865.
mater at allegations only, need be proved, 18 7.
evidence to be 1 elevant to question in dispute, 1808.
eviden e on collateral questions in discretion of court, 1868.
facts which may be proved on trial, 1870.
judicial notice, of what facts court will take, 1875.
Kinds and degrees of evidence.
knowledge of court, facts within, 1875.
of witnesses. See WITNESSES.
of writings. See WRITINGS; PUBLIC WRITINGS, PRIVATE
of material objects presented to the senses, 1954.
presumptions, when may be controverted, 1961.
specification of controvertible presumptions, 1963.
perjury and treason, evidence required to prove, 1968.
Statute of frauds.
will, to be in writing, 19C9.
revocation of will, what required to prove, 1970.
transfer of real property, evidence required, 1971, 1972.
agreement not in writing, when invalid, 1973.
representation as to credit of third party, 1974
Production of evidence.
by whom to be produced, 1981.
writing a tered, who to explain, 1982.
manner of pr duction-testimony, how taken, 2002.
See AFFIDAVIT; DEPOSITIONS; EX MINATION OF WITNESSES.
means of production. See SUBPOENA, WITNESSES.
Effect of evidence.
jury to judge of, 2061.
conclusive evidence, jury not to judge effect of, 2031.
to be instruct d by court as to, 2001.
Miscellaneous provisions as to evidence.
an offer equivalent to payment, 2074.
whoever pays is entitled to a receipt, 2075.
objections to tender, at what time to be taken, 2076.
rules for construing description of land, § 2077.
questions of fact to be decided by jury, 2101.
what questions to be decid d by court, 2102.
ques ions of facts to be decided by court or referees, 2103.
trial of, how conducted, 718.
EXAMINA ION OF WI NESS. Oral examination defined, 2005.
order of proof, how regulated, 2042.
when witnesses may be excluded, 2043.
court may control mode of interrogation, 2044.
leading question defin d, 2046.
witness may refresh memory by notes, when, 2047.
party producing not allowed to lead witness, 2049.
how impeached, gene al reputation, 2051.
impeachment of witness, inconsistent statements, 2052.
writing shown to witness subject to inspection, 2054.
EXCEPTIONS, may be taken, time when, 646.
what deemed excepted to, 647.
form of, 648.
to be signed by judge and filed with clerk,-649.
after judgment, how taken 651.
proceedings on refusal of court to allow, 652.
whe o julge ce ses to hold office, file, how settled, 653
bill of, necessary on motion for new trial, 658.
bill of, p rt of judgment roll, 670.
to sureties on undertakings, how taken, 948.
who may issue, form of, what to require, 682.
money judgmen s and others, how enforced, 684.
what liable to seizure on, 688.
property not affected till levy made, €88.
right of property claimed by third party, how tried 689.
deposit of fees on trial of right, 689.
property exempt from, 690.
writ of, how cx cuted, 691.
notice of sale under, how given, 692.
selling without notice, penalty attached, 693.
sales, how conducted, 694.
Execution, who may not be purchaser at sale, § 694.
refus 1 of purchaser to pay bid, resale, 695.
summary proceeding against purchaser refusing to pay,-696.
personal property capable of manual delivery, how delivered,
personal property not capable, how delivered, 699.
in default of redemption, conveyance to be made, 703.
court may restrain waste, pending redemption, 706.
eviction after purchase, what purchaser may recover, 708.
petition for revival of judgment, how and by wnom made, 708.
proceedings supplementary to execution. See SUPPLEMENTARY
against steamers and boats, proceeds of sale, how applied, 824.
stay of, on appeal to county court, 979.
from justices' courts, within what time may issue, 901.
may be renewed in justices' court, 903.
proceedings supplementary, provisions of code to apply, 905.
EXECUTORS. To whom letters on proved w.ll, to issue, 1349.
who incompetent to serve as, 1350.
who may file objections to granting letters to, 1351.
marriage, when it extinguishes right to administer, 1352.
executor of an executor, disability of, 1353.
absence or minority of co-executor eff.ct of, 1354.
acts of a portion of executor va id, 1355.
form of letters testamentary, 1360.
to take oath, 1387.
to file bonds, 1388.
to record letters, etc., 1387.
power of court to suspend, 167.
may sue without jining party interested, 369.
may se fer death of person, 377.
renunciation of right to probate by, 1301.
transcript of proceedings, evidence of executor's authority.
1429. See EXECUTORS AND ADMINISTRATORS.
EXECUTORS AND ADMINISTRATORS.
to take oath and file bonds., § 1387.
form and requirements of bond, 1388.
each to give separate bond, 1391,
successive suits on bond may be maintained, 1392.
citation to executor to show cause, 1398.
further security may be ordered, 1399.
revocation of letters for neglect to obey order, 1400
suspension of powers of, 1401.
power of court to suspend, 167.
further security ordered without application, 1402.
new sureties, order of release, 1404.
forfeiture of letters for neglect to give new sureties,-1405
application to be determined, when, 1406.
letters revoked on will subsequently found, 1423.
power of executor in such case, 1424.
when colleagues are disqualified, remaining executor, eta, to
who to act when all incompetent, 1426.
resignation of, when, 1427.
court to appoint successor, 1427.
liability of out-goer, 1427.
all acts of, valid till power is revoked, 1428.
transcript from minutes of court as evidence of authority of,
Removal and suspensions in certain cases.
suspension of powers of, for embezzlement, 1436,
notice to be given and citation to appear, 1437.
who may appear on herring, 1438.
notice to absconding executors, etc., 1439.
court may compel attendance, 1440.
let:ers revoked for failure to furnish inventory, 1450.
Of the powers and duties of.
entitled to possession of all decedent's property, 1452..
to take possession of entire estate, 1581.
may sue and be sued for recovery of property, 1582.
may sue for embezzlement prior to grant of letters, 1458.
may sue for possession of estate, 1452.
may maintain action for waste, onversion and trespass, 1583.
actions on bond of execut r may be brought by another, 1586.
may compound with debtor, 1588.
may recover property fraudulently disposed of by testator.
when not bound to sue for such property, 1590.
disposition of estate recovered, 1591.
EXECUTORS AND ADMINISTRATORS-Powers and duties of
may complete contracts of sale of real estate, § 1597.
allowance and rejection of claims by. See ESTATES (F DECEASED
Liabilities and compensation of.
when personally liable, 1612.
to be charged with all estate, 1613.
not to profit or lose by estate, 1614.
for uncollected debts without fault, 1615.
compensa ion of, 1616.
not to purchase claims against, 1617.
Accounting and settlements by.
to re.er exhibit, when, 1622.
citation to account at third term, 1623.
revocation of letters fo neglect to account, 1630.
to produce and file vouchers, 1631.
vouchers, when need not be produced, 1632.
appointment of day of settlement, notice thereof. 1633.
final settlement, partition and distribu.ion may be simultan-
who may file exceptions to account, 1635.
what matters may be contested by heirs, 1636.
postponement of hearing in contest of account, 1637.
settlement of accounts, when, and when not conclusive, 1637.
personal liability of, after decree for payment of debts, 1649.
final account, when to be made, 1652.
neglect to render final account, how treated, 1653.
costs a lowed in actions by and against, 1931.
on appeal security may be limited or modified, 946.
from jury duty, who are exempt, 200. See EXECUTOR
EXPERTS. Skilled persons may decipher characters, 1863.
FACTS, to be stated in complaint, 426.
insufficiency of, ground for demurrer, 430.
special issues not made by pleadings, how tried, 309
issue of, how it ar.ses, 590.
agreement on, on submission of controversy, 1138.