INDEX TO THE NOTES.

ALIENATION, devise seeking to prevent, 119.

ASSAULT AND BATTERY, pecuniary circumstances of defendant to enhance damages, 504.

ASSESSMENTS differs from taxes, 297.

personal judgment for, 297.

right of municipality to impose, 297.

ATTORNEY AT Law, liability for trespass committed in serving process, 88. privileged communications to, what are, 745.

BANKRUPTCY, promise to pay debt barred by, 500
BOUNDARY, acquiescence may establish, 620.

by street, when goes to center, 417.

hearsay evidence of, 621.

marked part of the way, 621.

monuments control, 620.

BONDS, statutory, adding immaterial condition does not invalidate, 771. statutory, adding material condition to, 772.

statutory, condition in, not required by law, held to make invalid, 774. statutory, condition in, not required by law, rejected as surplusage, 772. statutory, condition in, not required by law, when binding, 774.

CARRIER, intermediate, termination of liability, 82.

liability of, when acting as warehousemen, 82.

of animals, conditions and rules which may prescribe, 216.

of animals, liability for, cannot stipulate against results of negligence 215.

of animals, liability for delay in carrying, 213.

of animals, liability for escape, 210.

of animals, liability for injuries by unruliness, 210.
of animals, liability for insufficiency of cars, 211.、
of animals, liability for, limiting by contract, 213.
of animals, liability for neglect in caring for, 211.

of animals, liability for overcrowding, 211.

of animals, liability for, owner being present, 211.

of animals, liability for refusal to carry, 213.

of animals, liability for, where owner's neglect contributes to loss of,

212.

of animals, liability of, cases affirming, 208, 209.

of animals, liability of, cases denying, 208.

of animals must furnish suitable cars, 215.

CARRIER of animals not liable when loss results from nature or propensities of

animals, 210.

of animals, stipulations limiting liability, 216, 217.

termination of liability of, 82.

when deemed to be warehousemen, 82.

CHARITABLE USES, devise to, what sufficiently certain, 184.

valid charities, tests of, 184.

CLOUD ON TITLE, deed or paper which evidence is required to overcome, 111.

deed or paper void on its face, 110.

equity, jurisdiction of, to prevent, 112.

forged deed, 111.

proceedings to determine adverse claims, 112.

tax title prima facie valid, 110.

CONTRACTS, illegal, liability for money received under, 153.

illegal, particeps criminis in, who are, 153.

illegal, who may recover under, 153, 154.

CORPORATION, estoppel to defense of ultra vires against, 154.
estoppel to defense of ultra vires by, 153.
loaning money in violation of statute, 154.

COURTS cannot compel citizen of another state to appear, 95.
jurisdiction is confined to the state, 95.

jurisdiction over lands in another state, 95.

jurisdiction to compel bringing of a child from another state, 102.
land, jurisdiction over, is only in country where it is situated, 104.
land, executor's power to sell under will, 105.

DAMAGES, exemplary, may be awarded, 562,

measure of, against vendee for failure to perform, English rule, 275–277.
measure of, against vendee for failure to perform, American rule, 278.

pecuniary circumstances of defendant, how proved, 563.
pecuniary circumstances of defendant may enhance, 562.

pecuniary circumstances of defendant sued for assault, 564.

pecuniary circumstances of defendant sued for breach of promise, 564.
pecuniary circumstances of defendant sued for malicious prosecution, 564.
pecuniary circumstances of defendant sued for seduction, 564.
pecuniary circumstances of defendant sued for slander, 565.
pecuniary circumstances of defendant sued for trespass or neglect, 565.
pecuniary circumstances of defendant sued, when not to be considered, 562.
pecuniary circumstances of defendant sued, when proper to be considered,
562.

pecuniary circumstances of defendants, when there are two or more, 563.
pecuniary circumstances of plaintiff, 566.

DEED, delivery of, when complete, 270.

estoppel of grantee to deny grantor's title, 270.

vendor's duty to prepare, 275.

DEVISE to charitable uses, what sufficiently certain, 184.

to unincorporated society, 185.

DOWER, legislative control over, 359.

EMPLOYER Committing entire charge of business to employee is liable for his

neglect, 590.

EMPLOYER, employees of, defined and described, 589. fellow-servants of, who are and who are not, 590-596. liability of, for safety of employees, 588.

liable for defective materials, 589.

liable for retaining incompetent servants, 589. minors, liability for injuries to, 596.

not liable for negligence of employee to his fellow, 589. superior and inferior servants, 591.

volunteer employee, liability for injury to, 597.

EQUITY, decree directing conveyance, effect of, 97.

decree directing conveyance, effect of, on land in another state, 97. decree, mode of enforcing, when concerns foreign subject matter, 101.

foreclosure of lands in foreign jurisdiction, 99.

jurisdiction, acting in personam, may affect lands in foreign country, 96. jurisdiction over land and property in foreign jurisdiction, 95.

jurisdiction over person must always be obtained, 96.

jurisdiction to decree delivery of possession of lands in another state, 97. lands in another state, cases where jurisdiction over will not be assumed, 98.

lands in another state, specific performance concerning, 98.

lands in another state, power to decree sale of, 99.

trusts in another state, power over, 100.

ESTATES OF DECEDENTS, purchaser at administrator's sale, when protected, 698. EVIDENCE of pecuniary circumstances of defendant how proved, 560.

of pecuniary circumstances of defendant, when proper, 562-568,

of pecuniary circumstances of plaintiff, 566.

EXECUTION, liability of equitable interests to, 120.

FRAUDULENT CONVEYANCE, whom valid against, 402.

GUARDIAN, right to exceed ward's income, 224.

HABEAS CORPUS, allowance of, is not a mere ministerial act, 397.

denial of writ, when proper, 397.

is a civil proceeding, 396.

not to be granted when the court sees the party must be remanded, 396.

not to be granted without inquiry, 396.

power to compel bringing child from another state, 102.

probable cause for, must be shown, 396.

refusal, penalty for, 397.

HOMESTEAD, abandonment, effect on prior mortgage, 612.

alienation by husband, 612.

right of surviving spouse in, 645.

title to, is vested in husband, 612.

INJUNCTION, by private person against laying railroad on street of city, 203.

by private person against levying tax, 204.

INSURANCE, construing policy, 82.

parol evidence to explain policy, 81.

JUDICIAL SALE, purchaser at, protected by recording acts, 74.

LANDLORD AND TENANT, agreement that crops shall belong to landlord till divided, 733.

LARCENY, felonious intent essential to, 675.

of property obtained with owner's consent, 675.

LICENSE, revocability of, 510.

LIFE ESTATE in personalty, 453.

MALICIOUS PROSECUTION, pecuniary circumstances of defendant, 564.

MINOR employee, liability of master for injury to, 596.

MORTGAGE, agreement that mortgagor of chattels may continue in possession,

87.

agreement that mortgagor of chattels may sell, 87.

MUNICIPAL CORPORATION, assessments differ from taxes, 297.

assessments, personal judgment for, 297.

assessments, right to impose, 297.

streets, right of railway to use, 202.

streets, obstructing, 203.

NEW TRIAL, granting in equity, 653.

Texas, practice in, awarding on petition, 653. NUISANCE, destroying building for being, 669.

injunction against public, 203.

OFFICERS, presumption in favor of regularity of acts of, 73.

PARTITION, administrator's right to, 709.

alienee of co-tenant is entitled to, 707.
co-tenant who has leased may compel, 703.
deeds and wills limiting right to, 712.

English statute giving right to, 703.

infant, suit by, for, 710.

married woman's right to, 711.

mortgagee's right to, 708.

mortgagor's right to, 708.

plaintiff must be entitled to, at filing of petition, 712.

plaintiff must have right of possession, 703.

purchaser at execution sale, right of, to, 708.

of lands held adversely, 704-707.

of minor's property, 710.

of personal property, 707.

of unoccupied lands, 705.

only coparceners could have at common law, 703.
remaindermen and reversioners cannot compel, 713.

suit by several or by all co-tenants for, 711.
suit for, based on equitable title, 709, 712.
tenant by curtesy or in dower, 709.
tenant for life or years, 709.

who may compel, 703–709.

PERSONAL PROPERTY, life estate in, how created, 453.

life estate in, nature of, and rights incident to, 453.

life estate in, remaindermen's rights to, how secured, 453.

life estate in, whether may exist, 453.

PLEADING amendments introducing new cause of action or new parties, 204. variance in, 131.

PRESUMPTION in favor of acts of public officer, 73.

PRINCIPAL AND AGENT, discretion given to agent cannot be delegated, 105. lands, agreement signed by vendee only, 106.

lands, parol authority to contract for sale, 106.

ratification of contract made by agent in his own name for sale of lands, 89.

ratification, when and whom binds, 105.

sealed contract executed by agent, 88.

RAILROAD, appropriation of highway by, 202.

fire from sparks, evidence of, on other occasions, 160.

negligence not presumed against, 160.

when liable to one employee for negligence of another, 591-596. RECORDARI FACIAS LOQUELAM, writ of, 247-249. REGISTRY ACTS, bona fide purchaser, who is, 74.

bona fide purchaser from one having notice, 73. purchaser from one protected by, 74.

SEDUCTION, pecuniary circumstances of defendant, 564.

SLANDER AND LIBEL, pecuniary circumstances of defendant, 565.

STATUTE OF FRAUDS, parol contract to convey lands, 432.

TAX SALE, strengthening title by purchase at, 455.

TENANT, holding of after expiration of term is not deemed adverse, 432.
TREASURER, bond of, effect in enlarging liability, 368.

cannot deny state's right to fund, 370.
liability, acts of congress limiting, 370.
liability, late decisions limiting, 371-373.

miscellaneous cases showing liability of, 369.

nature of liability of, 366.

nature of office of, 567.

whether insurer of safety of public funds, 365.

TRIAL, continuance of, affidavits for and against, 639.

continuance of, admission as to what witness will testify, 639.

continuance of, discretion of court regarding, 639.

continuance of, requisites for procuring, 639.

VENDOR AND VENDEE, abatement in price for deficiency in quantity, 131 forfeiture of deposit, 280.

suit against vendee, measure of damages, English rule, 275.
suit against vendee, measure of damages, rule in America, 278.

suit against vendee, what required to support, 278.

suit for specific performance, 277.

suit on note given for purchase money, 282.

vendee's liability to pay interest, 281.

WARRANTY that machine is fit for purposes for which it was ordered, 412. that premises are fit for purposes for which rented, 412.

WRIT of recordari facias loquelam, 247–249.

WRITING, altering by subsequent parol agreement, 334.
construing, what must be looked to, 80.

construing, where susceptible of two constructions, 81.
parol evidence to explain, 80, 81.

two or more made at same time are construed together, 80.