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EVIDENCE-General principles.

declarat.ons which are part of transaction, § 18"0.
evid nce r lating to third person-primary, when, 1851.
declaration of decedent, evidence of pedigree, 1852.
dec ar tions of decedent evidence against successor 1853.
part of transaction proved, the whole admissible, 1854.
contents of writing, how proved, 1855.

agreement in writing, deemeJ the whole, 1856.
construction of writing, relates to place, 1857.

construction of statutes and instruments, rule of, 1858.
intention of 1 gisla ure or parties t be pursued, 1859.
circumstances to be considered, 1860.

terms to be construed by general accepta ion, 1861.
written, to control print d words, in bla k form, 1862.
persons skilled to decipher characters 1863.

of two constructions, wh ch to be preferred, 1864.

written instrument construe as understood by parties, 1865.
construction to be in favor of natu al right, 1866.

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.
affimative al egations only to be proved, 1869.

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 material objects presented to the senses, 1954.
when an infer nce arises, 1960.

presumptions, when may be controverted, 1961.
specification of conclusive p.esumptions, 1962.

specification of controvertible presumptions, 1963.
what cvidence indispensable, 1967.

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.


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.

EVIDENCE-Miscellaneous provisions.

rules for construing description of land, § 2077.
offer of compromise nos an admission of debt, 2078..
confession of adultery, effect of in divorce, 2.79.
proceedings to perpetuate testimony. See TESTIMONY.
administration of oaths and affirmations. See OATH.

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.
EXAMINATION, of debtor of judgment debtor, proceedings in, 717.

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.
direct and cross-ex mination defined, 2445.

leading question defin d, 2046.

witness may refresh memory by notes, when, 2047.
cross-examination, as to what, 2018.

party producing not allowed to lead witness, 2049.
witnesses, when and how examined, 2050.

how impeached, gene al reputation, 2051.

impeachment of witness, inconsistent statements, 2052.
evidence of god character, when allowed, 2053.

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.
how taken on notice to adverse party, 65J.

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
may be taken to report of, 645.

bill of, necessary on motion for new trial, 658.

bill of, p rt of judgment roll, 670.

to sureties on undertakings, how taken, 948.
to sureties in replevin, when to be taken, 513.
EXCESSIVE DAMAGES, as ground for new trial, 657.
EXECUTION, Within what time may issue, 681.

who may issue, form of, what to require, 682.
when made returnable, 683.

money judgmen s and others, how enforced, 684.
execution after five years, when allowed, 685.
when may issue after death of par.y, 686.
how and to whom issued, C87.

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.
order of sale, who may direct C94.

refus 1 of purchaser to pay bid, resale, 695.

summary proceeding against purchaser refusing to pay,-696.
liability of officer, limitation of, 697.

personal property capable of manual delivery, how delivered,


personal property not capable, how delivered, 699.
real property, when absolute sale or not, 700.
when not, what certificate should contain, 700.
real property sold, by whom my be redeemed, 701.
when may be redeemed, and redemption r:oney. 702.
successive redemptions, when may be made, 703.
notice of redemption to be given sheriff, 703.
effect of redemption. 703.

in default of redemption, conveyance to be made, 703.
on redemption, to whom payments to be made, 704.
redemptioner, what must do to redeem, 705.

court may restrain waste, pending redemption, 706.
on good cause shown in junction may issue, 745.
rents and profits, who entitled to, 707.

eviction after purchase, what purchaser may recover, 708.
when judgment to be revived, 7. 8.

petition for revival of judgment, how and by wnom made, 708.
party who pays more than his share, may compel contribu-
tion. 709.

proceedings supplementary to execution. See SUPPLEMENTARY


against steamers and boats, proceeds of sale, how applied, 824.
notice of sale of steamers to be given, 827.

stay of, on appeal to county court, 979.

from justices' courts, within what time may issue, 901.
contents of justices' execution, 9:2.

may be renewed in justices' court, 903.
duty of officer receiving execution, 904.

proceedings supplementary, provisions of code to apply, 905.
may issue against married women in forcible entry, 1164.
what wages are preferred claims under, 1206.

EXECUTORS. To whom letters on proved w.ll, to issue, 1349.
inust appear and qualify, 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.



to take oath and file bonds., § 1387.
bonds to be recorded, 1387.

form and requirements of bond, 1388.
additional bond, when required, 1389.]
conditions cf, 1390.

each to give separate bond, 1391,

successive suits on bond may be maintained, 1392.
sureties must justify and bonds be approved, 1393
requirement of judge on deficient bond, 1394.
right ceases on insufficient security, 1395.
bond, when may be dispensed with, 1396.
further bond may be required, 1397.

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.
release of sureties, 1403.

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

act, 1425.

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.
may be sued for waste or trespass of decedent, 1584.

actions on bond of execut r may be brought by another, 1586.
what executors need not be parties, 1587.

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.


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.
commissions allowed to, 1618.

Accounting and settlements by.

to exhibit, when, 1622.

citation to account at third term, 1623.
petition for citation to render account, 1624.
citation to account on application, 1625.
objections to account, who may file, 1626.
attachment for disobeying citation, 1027.
to render accounts at expi.ation of term, 1628.
to account after authority revoked. 1629.

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-
eous, 1634.

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.
proof of notice must be made before settlement, 1638.

personal liability of, after decree for payment of debts, 1649.
liability for failure to give notice for presentation of claim,

final account, when to be made, 1652.

neglect to render final account, how treated, 1653.
final set lement, decree and discharge, 1697.

costs a lowed in actions by and against, 1931.

on appeal security may be limited or modified, 946.
EXEMPTION. Property exempt from execution, 69'.

from jury duty, who are exempt, 200. See EXECUTOR

EXPERTS. Skilled persons may decipher characters, 1863.
facts which may be proved on trial by 1870,
may prove unwritten law of sister state, 1902.

FACTS, to be stated in complaint, 426.

insufficiency of, ground for demurrer, 430.

special issues not made by pleadings, how tried, 309
degree of certainty required to establish, 1826.
what facts may be proved on trial, 1870.

issue of, how it, 590.

agreement on, on submission of controversy, 1138.
of which court will take judicial notice, 1875.

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