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INDEX TO VOLUME VI.

ACCOMPLICE-See Gaming, 3, 4—

PAGE.

1. whose testimony is corroborated, jury determine its weight and
credibility.

368

ACCOUNTS-

1. the fact that they are confused and complicated does not give
jurisdiction to equity.

443

2. refusal to transfer accounts to equity which had been carefully
examined at law ..

598

ACKNOWLEDGMENT-

1. married woman's deed not recorded in eight months from its date,
effect of under Rev. Stats.

2. of married woman can't be invalidated by proving alibi
ADMINISTRATORS-See Personal Representatives.

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1. one whose name is forged, effect of his admission of genuineness
of the signature

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-
tions is not to be charged as an advancement

47

ADVANCES--

1. to A. to buy goods to be shipped for sale, liability of goods for
other debts of A. .

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
to Commonwealth

584

3. may be set up against one claiming under patent from the Com-
monwealth . .

594

4. one entering on land under executory contract of purchase, when
does his possession become adverse

702

5. possession may be adverse under Stat. of Limitations while not
so under Champerty Act .

707

6. Taking possession of land under parol gift
AGENCY-

365

1. agent abandoning his principal's property (a horse) one buying
it, knowing the facts, acquires no title.

509

2. sister entrusting her affairs entirely to her brother, her receipt
to him is not conclusive

584

3. agent, though violating his instructions in making sale, passed
title to purchaser

651

4. declarations of agent as to past transactions to which he was not
a party do not bind his principal

658

5. one who buys as agent for another mistakenly, thinking he has
authority to do so, is personally liable.

77

INDEX TO VOLUME VI.

ACCOMPLICE-See Gaming, 3, 4—

PAGE.

1. whose testimony is corroborated, jury determine its weight and
credibility.

368

ACCOUNTS-

1. the fact that they are confused and complicated does not give
jurisdiction to equity.

443

2. refusal to transfer accounts to equity which had been carefully
examined at law

598

ACKNOWLEDGMENT-

1. married woman's deed not recorded in eight months from its date.
effect of under Rev. Stats.

2. of married woman can't be invalidated by proving alibi
ADMINISTRATORS-See Personal Representatives.

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1. one whose name is forged, effect of his admission of genuineness
of the signature

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-
tions is not to be charged as an advancement

47

ADVANCES-

1. to A. to buy goods to be shipped for sale, liability of goods for
other debts of A.

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
to Commonwealth

584

3. may be set up against one claiming under patent from the Com-
monwealth

594

4. one entering on land under executory contract of purchase, when
does his possession become adverse

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5. possession may be adverse under Stat. of Limitations while not
so under Champerty Act

707

365

1. agent abandoning his principal's property (a horse) one buying
it, knowing the facts, acquires no title.

509

2. sister entrusting her affairs entirely to her brother, her receipt
to him is not conclusive

584

3. agent, though violating his instructions in making sale, passed
title to purchaser

651

4. declarations of agent as to past transactions to which he was not
a party do not bind his principal

658

5. one who buys as agent for another mistakenly, thinking he has
authority to do so, is personally liable.

77

ALIENATION OF ESTATES-

1. right to vest absolute estate in one in fee or for life and withhold
powers of alienation . .

2. constructions favorable to non-alienation not adopted

ALIMONY-

1. pendente lite, what evidence is to be heard in fixing.

PAGE.

381
362

.. 216, 288

2. right to, pendente lite, though wife had been previously divorced. 216
3. wife can never have judgment vs. husband for her costs
4. facts to be considered in fixing attorney's fee

439

439

5. attorney may compel judgement of fee summarily

439

6. husband worth $1,000 but crippled and helpless, $350 alimony
allowed.

661

ALLEYS-See Street Improvements, 3-

1. effect of mere recital in deed of existence of alley without any
grant of it..

253

2. cost of improving alley, how apportioned
APPEALS-See New Trial, 4, 5, 13, 15—

600

1. amount in controversy-where plaintiff is appellant-where defend-
ant is appellant

734, 137, 585

2. amount in controversy is that claimed in petition, though the alle-
gations are insufficient to sustain the claim

510

3. amount in controversy in contest between creditor having nulla
bona and another creditor over a fund in hands of garnishee
4. accused escaping pending his appeal, it will be dismissed.
5. transcript filed out of time, court dismisses appeal sua sponte.
6. party moving for affirmance as delay case must file the entire
transcript.

652

152

214

288

7. no reversal on partial transcript unless pleadings show appellee
not entitled to relief

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-
sented by the pleadings

222

10. appeal lies from order of circuit court refusing to allow claim
against Commonwealth

289

11. court trying law and facts, effect of its conclusions on appeal, 702, 369
12. when court tries both law and facts and no motion for new trial
is made, what can be considered on appeal

13. case submitted in lower court on its merits and dismissed for want
of jurisdiction, appellate court in reversing will pass on the
merits

14. every judgment presumably correct unless record shows the con-
trary; original petition being absent presumed to contain every
allegation necessary to support judgment

15. no appeal from roid order or judgment until motion to correct is
made

702

450

450

509, 510

16. no reversal for errors of fact, whether found by court or jury,
unless the finding is flagrantly against evidence.

509

17. contest between creditor and assignee for benefit of creditors, as
to right to a fund, judgment in favor of assignee is not judg-
ment for payment of money, therefore no damages on affirmauce, 510
18. appeal is waived by coercing satisfaction of judgment, but record
evidence of coercion must be filed .

510

19. misconduct of jury first complained of on motion for new trial,
no ground for reversal

523

20. errors committed on both sides which off-set each other, judgment
affirmed.

585

21. no appeal being proper from county to circuit court, none was
proper from the circuit to Superior court.

585

22. exception to final judgment is unnecessary, even though it was
prepared by counsel.

651

APPEALS-Continued-

PAGE.

23. consent of parties can't confer jurisdiction where no appeal was
granted.

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24. order of circuit court allowing claim against county is judgment
for money, right to appeal from . .

652

734

25. no reversal where there is any evidence tending to establish guilt, 222
26. jurisdiction of Court of Appeals to try appeals in road cases 584
27. plea of limitation defective, but, no objection being made in
lower court, no reversal on appeal

APPEALS TO CIRCUIT COURTS-

1. no new matter admissible, though parties consent or failure to
object to it. . .

448

585

2. no appeal from refusal of county court to take stock in turnpike, 585
3. in action by Commonwealth for penalty appeal lies from county
to circuit court

90

4. appeal from board of contested elections, right to object to notice
after submission

739

739

5. poll books should be copied into bill of exceptions
APPRAISERS-See Sale of Personal Property.
ARBITRATION AND AWARD-

1. party may waive his right to be present at the arbitration-no
copy of award need be served on him.

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
ARGUMENT-

1. no reversal for improper argument of Commonwealth's attorney,
2. court should control and limit right of argument by counsel
3. mode of excepting to order of court limiting

ARREST-

1. power of peace officer to arrest without warrant

ARREST, ORDER OF-

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1. is statutory remedy, statute must be strictly pursued
2. verification of affidavit insufficient

439

439

ASSIGNMENT-See Assignor and Assignee-

1. neither a judgment nor replevin bond is assignable so as to vest
right of action in assignee

734

2. right to sign contract for personal services

736

3. claim against decedent's estate allowed by commissioner and as-
signed right of assignee.

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
4. made by agreement of creditors construed to emrace land levied
on by one of them

5. recital in deed that some creditors threaten to sacrifice the prop-
erty does not show fraudulent intent.

359

652

6. assignee employing assignor as salesman, no badge of fraud. 652
7. assignment by partner of firm assets, rights and duties of assignee, 652
8. assignment of land in two counties, assignee may sue in either
county

9. what constitutes an assignment for benefit of creditors

652
735

10. assignee may sue on contract made with assignor, proper parties, 745
ASSIGNMENT OF ERRORS-

1. act repealing $ 756,Civ. Code, repeals all amendments to that section 223
2. complaining of commissioner and not of the court can't be con-

sidered

294

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