INDEX TO VOLUME VI. ACCOMPLICE-See Gaming, 3, 4— PAGE. 1. whose testimony is corroborated, jury determine its weight and 368 ACCOUNTS- 1. the fact that they are confused and complicated does not give 443 2. refusal to transfer accounts to equity which had been carefully 598 ACKNOWLEDGMENT- 1. married woman's deed not recorded in eight months from its date, 2. of married woman can't be invalidated by proving alibi 1. one whose name is forged, effect of his admission of genuineness ADOPTION- 1. right of Chinaman to adopt an American child ADVANCEMENTS- 72 675 1. land conveyed by father during his life-time upon special condi- 47 ADVANCES-- 1. to A. to buy goods to be shipped for sale, liability of goods for 587 ADVERSE POSSESSION- 1. possession of one of several joint owners is not adverse to the 439 2. of land for 15 years gives title, though claimant can't trace back 584 3. may be set up against one claiming under patent from the Com- 594 4. one entering on land under executory contract of purchase, when 702 5. possession may be adverse under Stat. of Limitations while not 707 6. Taking possession of land under parol gift 365 1. agent abandoning his principal's property (a horse) one buying 509 2. sister entrusting her affairs entirely to her brother, her receipt 584 3. agent, though violating his instructions in making sale, passed 651 4. declarations of agent as to past transactions to which he was not 658 5. one who buys as agent for another mistakenly, thinking he has 77 INDEX TO VOLUME VI. ACCOMPLICE-See Gaming, 3, 4— PAGE. 1. whose testimony is corroborated, jury determine its weight and 368 ACCOUNTS- 1. the fact that they are confused and complicated does not give 443 2. refusal to transfer accounts to equity which had been carefully 598 ACKNOWLEDGMENT- 1. married woman's deed not recorded in eight months from its date. 2. of married woman can't be invalidated by proving alibi 1. one whose name is forged, effect of his admission of genuineness ADOPTION- 1. right of Chinaman to adopt an American child ADVANCEMENTS- 72 675 1. land conveyed by father during his life-time upon special condi- 47 ADVANCES- 1. to A. to buy goods to be shipped for sale, liability of goods for 587 ADVERSE POSSESSION- 1. possession of one of several joint owners is not adverse to the others. 439 2. of land for 15 years gives title, though claimant can't trace back 584 3. may be set up against one claiming under patent from the Com- 594 4. one entering on land under executory contract of purchase, when 5. possession may be adverse under Stat. of Limitations while not 707 365 1. agent abandoning his principal's property (a horse) one buying 509 2. sister entrusting her affairs entirely to her brother, her receipt 584 3. agent, though violating his instructions in making sale, passed 651 4. declarations of agent as to past transactions to which he was not 658 5. one who buys as agent for another mistakenly, thinking he has 77 ALIENATION OF ESTATES- 1. right to vest absolute estate in one in fee or for life and withhold 2. constructions favorable to non-alienation not adopted ALIMONY- 1. pendente lite, what evidence is to be heard in fixing. PAGE. 381 .. 216, 288 2. right to, pendente lite, though wife had been previously divorced. 216 439 439 5. attorney may compel judgement of fee summarily 439 6. husband worth $1,000 but crippled and helpless, $350 alimony 661 ALLEYS-See Street Improvements, 3- 1. effect of mere recital in deed of existence of alley without any 253 2. cost of improving alley, how apportioned 600 1. amount in controversy-where plaintiff is appellant-where defend- 734, 137, 585 2. amount in controversy is that claimed in petition, though the alle- 510 3. amount in controversy in contest between creditor having nulla 652 152 214 288 7. no reversal on partial transcript unless pleadings show appellee 369 8. death of successful party, effect on right to appeal 288 9. no reversal in order that issue of fact may be more clearly pre- 222 10. appeal lies from order of circuit court refusing to allow claim 289 11. court trying law and facts, effect of its conclusions on appeal, 702, 369 13. case submitted in lower court on its merits and dismissed for want 14. every judgment presumably correct unless record shows the con- 15. no appeal from roid order or judgment until motion to correct is 702 450 450 509, 510 16. no reversal for errors of fact, whether found by court or jury, 509 17. contest between creditor and assignee for benefit of creditors, as 510 19. misconduct of jury first complained of on motion for new trial, 523 20. errors committed on both sides which off-set each other, judgment 585 21. no appeal being proper from county to circuit court, none was 585 22. exception to final judgment is unnecessary, even though it was 651 APPEALS-Continued- PAGE. 23. consent of parties can't confer jurisdiction where no appeal was 24. order of circuit court allowing claim against county is judgment 652 734 25. no reversal where there is any evidence tending to establish guilt, 222 APPEALS TO CIRCUIT COURTS- 1. no new matter admissible, though parties consent or failure to 448 585 2. no appeal from refusal of county court to take stock in turnpike, 585 90 4. appeal from board of contested elections, right to object to notice 739 739 5. poll books should be copied into bill of exceptions 1. party may waive his right to be present at the arbitration-no 2. promise of arbitrators to re-open award not valid 3. engineer of railroad may act as arbitrator between the road and a contractor ARCHITECT- 1. right of to recover for plans which are not accepted 1. no reversal for improper argument of Commonwealth's attorney, ARREST- 1. power of peace officer to arrest without warrant ARREST, ORDER OF- 1. is statutory remedy, statute must be strictly pursued 439 439 ASSIGNMENT-See Assignor and Assignee- 1. neither a judgment nor replevin bond is assignable so as to vest 734 2. right to sign contract for personal services 736 3. claim against decedent's estate allowed by commissioner and as- 734 ASSIGNMENT FOR BENEFIT OF CREDITORS- 1. liability of sureties on assignee's bond, where he has wasted the estate 121 2. creditor may sue for settlement as soon as assignee qualifies. 122 3. acceptance of deed by assignee binds creditors until they avoid it, 214 5. recital in deed that some creditors threaten to sacrifice the prop- 359 652 6. assignee employing assignor as salesman, no badge of fraud. 652 9. what constitutes an assignment for benefit of creditors 652 10. assignee may sue on contract made with assignor, proper parties, 745 1. act repealing $ 756,Civ. Code, repeals all amendments to that section 223 sidered 294 |