Malpractice- Continued. Contributory negligence of patient or Criminal liability, 85 Damages, 84 Defence, as a, 83 Definition, 76 Evidence, 83 Gratuitous services, 81 Judgment, errors of, 80 Partnership liability, 82 Warranty to cure, no implied, 80 Abatement, 223 Admission to society, 154 Alternative writ, 212 Amendment, 224 Appeal, 118, 120 Appellate courts, 138 Assessments, erroneous, 192 Attachment, reinstating, 117 Attorneys, 130 Auditing a claim, 176 Auditing officers, 147 Awarding public contracts, 150 Bill of exceptions, 122 Bonds, 168, 169 Bonds, approval of, 168 Bonds, municipal aid, 192 Books and records of corporation, 155 Books, papers, etc., 147 Books, custody of municipal, 173 Books, to compel delivery of, 207 Canals, 163 Change of venue, 115 Circuit courts, 137 Clerks of court, 132 Contempt, attachment for, 240 Contracts, enforcement of, 104 [150 Contracts, materials furnished under, Costs, 239 Costs, refusal to award, 120 County courts, 139 Mandamus-Continued. County seat, removal of, 208 Courts acting under a special commis Courts, against inferior, 108 Demand and refusal, 106 Demurrer, 224, 232 Depot, erection of, 162 Discretion of inferior courts, 108 Estimates of municipalities, 210 Form of writ, 211 Funds, want of, 184 Guardians, 165 Highway, 163, 206 Highway, opening, 204 Indictment, remedy by, 105 Injunction, 117 Injunction cannot stay peremptory Injunction distinguished from, 93 Judgment, levy of tax to pay, 188 Jurisdiction, exercise of, 112 Justice of peace, 133 Laches, 107, 186, 124 Licence, granting, 170 Member of corporation, reinstatement Mandamus-Continued. Obstructions in streets and highways, Officers, election of, 155 Officers of municipal corporations, Omissions of duty, 105 Origin and nature of, 92 Overseers of poor, 176 Parties, 217 Payment of claims, 176 Peremptory mandamus, motion for, Peremptory writ, 213 Petition, requisites of, 222 Poll-books, inspection of, 173 Private persons, 165 Public buildings, erection of, 209 Public records, 208, Public records, inspection of, 171 Records, correction of, 173 Religious corporations, 153 Respondents, 219 Return, 230 Return, amending or withdrawing, 1 Mandate. Mandamus-Continued. Tax, payment of State, 151 INDEX. Tax illegally collected, refunding of, Marine insurance-Continued. Custom and usage, 329 Marriage. Double insurance and priority, 341 Insurable interest, amount of, 335 Premium, return of, 400 Construction, lien for, 421 Lien at common law, 453 Lien under State law, 454 Lien, waiver, discharge and extin- Money, advances of, 423 Repairs, 412 Safe transport, 436 Salvage, 436 Services, 425 Supplies, 412 Towage, 434 Wharfage, 434 What are subject to, 411 Market overt, 458 Markets, 459 Definition, 459 Discontinuance, 467 Right to establish, 460 Stalls and stands, 465 Marriage, 470 Capacity of parties, 487 Celebration of ceremonies, 514 Celebration, when must be proved, 530 |