LEX LOCI CONTRACTUS-See Married Woman, 8.
LIBEL AND SLANDER-

1. right of newspapers to print pleadings containing scandalous
matter before judgment.

56

286

2. one may be enjoined from repeating a slander

3. on two or more persons in same writing one indictment sufficient, 419
4. certainty in describing, in indictment, the mode of publication, 419
5. denying and pleading the truth in justification are inconsistent
defenses

LICENSE-See Constitutional Law, 2; Municipal Corporations, 2—
1. same license required of pool as of billiard table
2. wholesale liquor dealer selling by pint must have license
3. right of druggist to retail spirituous liquors without license
4. wholesale dealer can sell by wholesale without license

231

653

365, 575

520

575

5. same penalty for selling malt liquor as for selling spirituous or
vinous

575

594

6. principal is liable for sale made by his agent without license.
7. officer having discretion to grant or refuse a license to sell liquor,
right of court to compel him to act

.756, 789

LIEN-See Rescission, 6-

1. goods sold upon agreement, they should remain the property of
vendor till paid for, lien on

218

2. vendor's delay in asserting lien for purchase money does not
estop him. . .

589

3. one tenant not entitled to lien on share of his co-tenant for rents
collected by the latter

699

4. land sold on promise of vendee to pay debt due third person,
the creditor has lien .

707

5. party lending money to vendee to pay off vendor's lien, his
right to the lien by subrogation, right of sureties on vendee's
note to such lien

743

6. lien of assignee of note for purchase money (where no lien
was retained in the deed)

1. life tenant leases land and dies, liability of his lessee for rent
LIMITATION, STAT. OF-See Malicious Prosecution, 1; Taxation, 2;
Vendor and Vendee, 6-

223

1. husband conveying his wife's land, running of the statute
against her. .

4, 29

2. statute runs against guardian on contract made with him for his
ward's benefit

49

4. right of entry accruing to several, all under disability, when does
statute begin to run.

3. action on vendor's misrepresentation of contents of tract of
land...

219

301

5. action of mortgagee of personal property to recover of purchaser
from mortgagor, when barred

301

6. action by mortgagee of personal property to recover of purchaser
from mortgagor, when barred

301

LIMITATION, STAT. OF-Continued-

PAGE.

7. liability of seller of spurious county bond accrues at date of sale
and not at date of judgment in suit against the county holding
the bond spurious.

8. purchasing from one supposed to be principal but in fact agent
for another, when statute begins to run against the real princi-
pal.

9. holding land under parol gift constitutes adverse possession as
against donor.

10. where the original proceeding was prohibited by law but
amended petition was filed setting out good cause of action,
statute ran till filing of amendment

252

352

365

368

519

11. right of State to recover fines and forfeitures collected by city
of Lexington is bared by five years.
12. limitation on patent issued after defendant had acquired good
title by adverse possession.

594

13. contract of sale being cancelled, right of one eight years after-
wards to enforce the cancelled contract

520

14. no answer to statute that plaintiff supposed he could not re-
cover if he did sue

520

15. fraudulent suppression of will, when action for must be brought, 594
16. new promise or acknowledgment as a bar to the statute, cases in
Court of Appeals reviewed.
608

17. action by landlord against tenant for proceeds of sale of timber,
no limitation on tenant's claim to credit for improvement
18. claim against surety barred after seven years, though he was not
known as surety

742

743

19. surety on note on which judgment has been obtained is released
after seven years from date of judgment, effect of his death or
death of principal. . .

20. surety on bond to commissioner for purchase price of land when
limitation begins to run against

743

743

21. action by State to recover penalty for breach of penal statute is
embraced by statute of limitations

90

22. infant devisee, statute begins to run in favor of surety of execo-
tor not from appointment of guardian but majority of infant. 296
LIS PENDENS-

1. judgment dismissing petition reversed on appeal, effect of
LOCAL OPTION-

1. indictment should charge each sale in distinct paragraphs as a
separate offense.

110

2. what constitutes wholesale dealer

113

3. right of distiller to sell spirits at his residence

219

4. indictment for selling bottle marked "Bitters," evidence admissi-
ble that contents were "intoxicating".
5. in prosecutions under the law must be shown to be in force in
the particular locality, mode of averring and proving this

221

6. if this proof is not made peremptory instruction goes for de-
fendant

306, 520, 664

306

7. act not unconstitutional because it allowed districts that had pre-
viously adopted it to vote again on the question..

789

8. variance in the form of putting the question from that specified
in the act, effect of..

789

LOST WRITING-

1. statement of attorney who drew it as to its contents is compe-
tent

658

LOUISVILLE LAW AND EQUITY COURT-

1. has power in case transferred from Louisville Chancery Court to
set aside order made before transfer

511

LUNATIC-

PAGE.

1. right of creditor of lunatic to sue defaulting trustee.
MALICE-

521

the fact of killing in sudden heat and passion does not necessarily
preclude malice.

448

MALICIOUS PROSECUTION-

1. limitation on action is one year

448

ment.

2. liability for maliciously advising judge to render a judgment.
3. necessary allegations in action for maliciously suing out attach-

MANDAMUS-

1. to compel school trustee to report to county commissioner
2. motion for must be made on the day named in summons

3. officer having direction to act or not, right of court to compel
him to act or to control his action

MANDATE-

1. petition for rehearing being granted and new mandate issued
they are to be considered together

2. mandate announcing no principal but correcting single item in
commissioner's report, effect of

449

MANSLAUGHTER-See Homicide-

1. evidence to show accused avoided instead of seeking the quarrel
is competent

48

2. witnesses' thoughts about movements of deceased not being
communicated to accused are incompetent

48

3. evidence competent to show person of deceased was examined
before and after the killing and that he was unarmed

48

4. one who acts recklessly of human life, if death ensue, is guilty
of voluntary manslaughter.

334

5. one convicted of manslaughter may, on new tril, be convicted of
murder.

181

MARRIED WOMAN-See Acknowledgement. Husband and wife-

1. will made by her during coverture and acknowledged after death
of husband, effect of .

60

2. Gen. Stat., chapter 113, section 11, as to manner of re-executing
wills does not apply to married women. . .

3. right to vacate erroneous judgment after expiration of term
4. alteration in Code of '77 applies to judgment rendered under
former Code

60

250

250

5. may mortgage general estate to secure husbands debt
6. her bond for title is void .

301

365

7. no personal judgment against widow on contract made by her
during coverture.

518, 664

8. authorized to make note by law of State of her domicil, validity
of here ..

645

9. allegations of petition against her are taken as true unless denied, 664
10. right of one failing to perform his contract with a married
woman to set up her coverture as defense.

11. effect of infant married woman joining in her husband's deed. .
12. her right to recover her land because of defective acknowledg-
ment after she had sold tract received on exchange

744
201

29

MARSHALL, CHIEF JUSTICE-

1. his opinion on constitutional questions was always that of his
court except in one case..

751

MASTER AND SERVANT-

1. master not liable for injuries received from dog owned by ser-

vant

50

2. master employing servant, knowing he is without experience,
servant bound to fidelity only

366

MEASURE OF DAMAGES-

1. for ordinary negligence damages can be compensatory only
2. proper measure in action for breach of warranty or deceit.
3. in trover
MECHANIC'S LIEN LAW

1. of Louisville, assignment of lien, rights of sub contractor
against assignee.

3. sub-contractor must allege that he gave notice of his lien
4. no lien exists unless the account is filed in 60 days and suit is
brought in 12 months..

302

594

5. petition must allege facts sufficient to show personal liability, 595, 597
MINES-See Land, 1.

MISDEMEANORS--

1. reversing judgment on appeal of Commonwealth

2. where punishment is by imprisonment

3. judge trying facts, effect given his findings

1. relief for gross mistakes in measurements for masonry, though
the contractor agreed to assume all risks from mistakes

441

MORTGAGES-

1. purchaser of land subject to, not personally liable. .

308

2. purchaser of house subject to, insuring it, mortgagee not entitled
to benefit of

308

3. conveyance of land with agreement by grantee to reconvey on
payment of sum of money is a mortgage

366

4. mortgagor of stock of goods remaining in possession and buying
and selling, rights of mortgagee as against creditors

366

727, 744
7. court refuses to consider deed absolute in form as a mortgage. 442
MUNICIPAL CORPORATION—

5. rights of one induced by misrepresentations of mortgagor to
give up a senior mortgage and accept a junior
6. exactness required in describing the debt and the property mort-
gaged

447

1. lien of for taxes lost by sale made by State for its taxes
2. exacting license from owner of dog is not liable for injury done
by the dog

224

224

3. liability of for failure to abate nuisance or close up a bawdy
house.

292

4. not liable for property destroyed by its failure to provide fire
engines

6. for what offenses it may be indicted

5. jugment against can be enforced out of its private property
only

449

361

292

MURDER-See Malice-

1. curious instance of several innocent persons hung for murder of
man afterwards found alive

151

2 burglar being wounded conceals himself in outer shed where he
is found next day and attacked, had he killed his assailant was it
murder?

375

3. drunkenness no excuse for .

443

4. though combat was mutual, yet if accused had deadly weapon
the killing was murder.

448

5. a woman who escaped conviction for murder of a former hus-
band by marrying chief witness for prosecution.

6. punishing the murderer of a woman by a fine of $2.

7. one convicted of manslaughter may on retrial be convicted of
murder

181

NATURALIZATION-

1. right of Indian to become citizen of United States without being
naturalized

NECESSARIES-See Husband and Wife, 8, 9, 10-

PAGE.

528

1. what are necessaries for infant.
NEGLIGENCE-See Damages, 1, 2; Railroads-

579

2. for ordinary negligence the jury can give compensatory damages
only

1. the court should not tell the jury what facts constitute contrib-
utory.

219

449

3. where special verdict found negligence against defendant and
also contributory negligence against plaintiff the court properly
entered judgment for defendant

689

4. in action for willful neglect, contributory negligence as a defense, 694
5. in action by employe against employer for defective machinery,
necessary allegations

NEW BOOKS-

Advocacy, illustrations in .

American Probate Reports, volume III

Attachment and Garnishment, treaties on

Attorney-General of the U. S., his annual report for 1883

Corporations, treaties on law of private, having capital stock

Corporations, liabilities of directors and other officers
Corporations, transfer of stock in

219

NEW TRIAL-

1. discovery of new evidence from witness who has already testi-
fied

2. petition founded on such ground, time of filing

205, 220

205

3. no ground for that witness did not testify or testified otherwise
than was expected of him

4. ruling of lower court on motion for will not be disturbed unless
plainly erroneous

220

5. decision of trial court on motion for in criminal case is not re-
versible

335, 305, 227