RAILROADS-Continued-

6. action for injury to employe from defective machinery, necessary
allegations

7. the breakman assumes all ordinary risks

PAGE.

219

220

8. declarations of fireman inadmissible to show company's knowl-
edge of defective machinery

223

9. not liable for damage done by escaping sparks where it provides
the screen required by statute

240

10. evidence as to custom of the road to carry this screen thrown
back so that it did not really prevent sparks from escaping
11. compromise of claim against railroad for personal injury made
under pecuniary distress is void

240

263

12. rate of speed in approaching crossings.

302

13. evidence inadmissable that no one but plaintiff was ever killed at
that crossing

302

14. iudictment for failure to repair highway crossings and ap-
proaches.

308

16. running trains across highways without giving warning signal,
defective indictment

15. duty as to providing latest improvements in machinery

17. liability of, employing minor as brakesman without consent of
his parent..

309

366, 784

18. in action based on ordinary negligence it must be alleged injured
party was not employed by the road

19. passenger leaving train while in motion by direction of con-
ductor, liability of road for injury

308

20. right to make lower rates for one shipper than for another
21. liability for permitting passenger to ride in dangerous place in
which he is injured

376

599

22. right of road to compel connecting road to stop its trains at the
point of junction.

611

23. one road has no right to run its trains over track of connecting
road

611

24. one riding an unmanageable horse, care required of those in
charge of approaching train

664

25. right of passenger to exemplary damages for willful misconduct
of conductor of train

512, 668

26. engineer and conductor are not fellow-servants

RAPE-

1. stating age of female in the indictment.
RECEIPT-

1. effect of receipt given by a woman to her confidential adviser or
brother

RECITALS-See Deed, 1-

752

221

. 584, 599

1. mere recital in a deed of existence of alley, effect of as a dedica-
tion of grant

253

RECOGNIZANCE-

2. effect of general order of continuance

1. to answer an indictment, though not authorized by Code, are
valid. . . . .

524

524

RECORD-

1. entering nunc pro tunc order where nothing to amend by appears
in record

451

RELEASE-

1. releasing one bound ex contractu, effect of upon liability of one
bound in tort

328

2. of one of several obligers does not always release the others. . 668
RELIEF-

1. no relief whether prayed for specially or generally, inconsistent
with the facts set out in the pleadings

6

RELIEF-Continued-

PAGE.

2. amended petition claimed only lien on land, relief was properly
based on it and not on the original.

3. prayer for enforcement of agreement to buy land for plaintiff,
proper relief

666

REMAINDERS-

1. rights of remainderman to unconsumed profits at death of tenant
of defeasible fee

589, 657

2. prohibition of sale for reinvestment applied to life estate and
not remainder

513

REMISSIONS-

1. effect of remitting forfeited bail bond on officer's commissions . 200
RENT-See Joint Tenant, 1, 2-

1. attachment for, affidavit must be made before officer who issues, 223
2. after order sustaining attachment for, tenant can't deny his ten-
ancy or liability for rent.

359

3. defective affidavit for attachment, effect of omissions

359

4. recission of contract for exchange of lands, right of parties to
rents and improvements

719

1. death of life tenant, liability of his lessee for rent
REPLEVIN BOND-See Assignment, 1.

223

RES ADJUDICATA-

1. the transcript being complete and showing nothing to sustain
the plea, judgment reversed

51

RES GASTE-

1. statement by mother of deceased made in afternoon of day of
killing

50

2. statement of agent made during performance of tort binds prin-
cipal, but statement of mate and clerk on steamboat made many
days after accident do not bind owner

294

3. statements made 10 or 12 days after the tort complained of, not
res gestæ

444

RESCISSION--

1. innocent misrepresentation of title, no ground for

267

2. sale for delivery in installments, right of purchaser to rescind for
failure to deliver one installment.

451

3. contract for exchange of laud received, right of each party to
rents and liability for improvements

719

4. rescission of fraudulent deed and equities adjusted though both
parties wrong-doers.

622

5. upon rescission of sale of land vendee was entitled to lien for
amount due him

601

RESULTING TRUSTS-

1. purchase price of land paid by one but deed made to another,
rights of creditors.

786

REVIVOR

1. confirmation of report of sale after death of defendant and before
revivor is void

517

2. of judgment demand is necessary, mode of objecting that none
has been made

1. report of viewers sufficiently specific as to advantages of, and

metes and bounds.

2. appeals in road cases, jurisdiction of Court of Appeals to try

235

584

ROADS PUBLIC-Continued-

PAGE.

3. one applying for removal of gates from public road, his liability
for costs

737

4. notice must be given before closing a road

747

ROBBERY-

1. indictment for robbing one of a silver dollar and a warrant of
arrest does not charge distinct offenses.

229

195

2. right of convict of larceny under indictment for robbery.
SALARIES-

1. of judges of circuit and appellate courts in the various States, 603, 675
SALE OF PERSONAL PROPERTY-See Lien, 1; Rescission, 2--

1. sale of property in possession of vendor's agent, the latter agree-
ing to hold it as agent for vendees, this was sufficient delivery
2. sale incomplete if anything remains to be done to goods .
3. alternative remedies of vendor where vendee refuses to accept
goods

527

77

77

5. sale of growing crop to be delivered when gathered, title does
not pass
SELF-DEFENSE-

4. mistakes of appraisers chosen to fix value of goods, effect on
rights of parties.

655

669

1. particular instruction correct as to right of accused to stand and
defend himself.

47,50

2. accused being the agressor did not act in self-defense in killing
deceased ..

51

4. same rule as to all temperaments, nervous or phlegmatic

3. one may act on appearances "as they seem to him".

SEPARATE ESTATE-

1. right to give power of attorney to sell

2. right of married woman to change her general into separate
estate by contract made directly with husband

3. defined and mode of creating specified.

4. married woman making note presumably intended to bind sepa-
rate estate, effect of payee requiring her to insure her property.
5. if not liable at making of contract can't become so afterwards
6. may bind her separate estate by verbal contract and without
concurrence of husband . .

7. action to subject, what facts should be alleged

8. right of husband to curtesy in

3. in action against sureties of sheriff the covenants of the bond
and their breach must be alleged . .

1. cannot appoint deputy to execute process in another county. 334
2. liability of such deputy for homicide committed while execut-
ing process.

334

346

4. sheriff is liable for acts of one who, though not formerly ap-
pointed deputy, yet habitually acts as such.

346

5. not liable on his bond for tax collected under unconstitutional
act

413

6. can't collect fines due State except by process

524

7. liability of deputy acting for sheriff in his capacity of public ad-
ministrator.

524

8. suit against sheriff and sureties on county levy bond, necessary
allegations of petition.

599

9. lien of ex-sheriff for unpaid taxes lost by delay in enforcing.
10. liability of deputy and his sureties for his failure to collect taxes
listed with him . .

498

600

11. county creditor enforcing claim against sheriff by notice, what
notice must contain . .

215

SLANDER-See Libel and Slander.

SLEEPING CAR COMPANY

PAGE.

1. liability to passenger for loss of valuables

279

SPECIAL JUDGE-See Election, 1-

1. his acts as de facto officer are valid though he was not properly
qualified

525

2. can't be chosen for whole term, but parties agreeing such judge
may try their case are estopped to complain

17

STATE-

1. right of citizen to sne his State in Federal courts

57

STATUTES, CONSTRUCTION OF-See Constitutional Law, II-

1. act repealing a statute repeals any amendment to it

223

2. violation of statute may be punished after the statute is repealed, 520
3. act in terms amendatory of another will not be held to repeal it
-repeals by implication not favored...

4. a general statute and subsequent local one will both be upheld
5. act granting exemption from taxation to be strictly construed.
6. act constitutional in part and void in part

7. meaning of the word "co-extensive" used in defining jurisdiction
of a court.....

STATUTES, GENERAL AND REVISED-

The following chapters construed:-

1. GENERAL STATUTES.

chapter 1, section 6

711

755

495

789

656

14, 500

1, injured by railroad's failure to keep up fences, the road is liable, 17
2. railroad must consider safety of train, in so doing not liable for
killing stock

370

3. railroad is liable for killing stock where it admits the killing and
value of the stock

668

4. owner of stock allowing it to stray upon the track, not contribu-
tory negligence.

744

STOCKHOLDER-

1. is liable to creditor of insolvent corporation for amount of un-
paid stock

397

2. officer contracting debt in excess of amount authorized by char-
ter having paid it off, his right to contribution from other stock-
holders

398

STREET IMPROVEMENTS-See Final Order, 4—-

1. contracted for by council without observing provisions of char-
ter, lot owner not liable

237

2. the judgment of the city council as to the necessity of is conclu-

3. in Louisville the whole square is liable for costs of improving an
alley

309

4. action to recover for, petition must allege publication of ordi-

1. insisting that his wife, who had been his mistress, should be re-
ceived at court

581

SUMMONS-

1. return being lost, proving it by clerk's entry on, docket and re-
citals in judgment.

523

SUPERIOR COURT-See Appeal, 21--

1. its decision reversing lower court, right of appeal from, where
amount in controversy is less than $1,000.

462

3. time for appealing to Court of Appeals, filing petition for rehear-
Ing. effect of

2. what is the amount in controversy where there are distinct judg-
ments in same action against different persons

462

509

SUPERSEDEAS - See Appeal, 17-

1. dismissal of appeal, effect of.

777

2. the bond being to answer madate of Court of Appeals, effect of
dismissal by Superior Court

747

SURETY--See Contribution, 1, 2, 4, 5; Defenses, 1; Limitation, Stat.
of, 18, 20, 22; Sheriff, 3, 8, 10

1. may require principal to pay the debt but cannot have judgment
against him for its amonut

224

2. creditor accepting new notes which were forgeries as to surety
did not thereby release surety

224

3. on sheriff's bond, in action against for illegal seizure, breach of
the bond or that surety approved the seizure must be alleged 346
4. one authorizing another to sign for him as surety must do so in
writing signed by himself . .

413