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Additional servitude as against, see EMI-
NENT DOMAIN.

Liability of, for injury by defect in street
or sidewalk, see HIGHWAYS.

Right to have highway kept open, see
HIGHWAYS.

Title of, on discontinuance of highway,
see HIGHWAYS.

Liability of, for injury to person in
street in consequence of games or
sports allowed on his premises.
18-614 (case p. 610).

ACCOUNTS.

Reasonable time within which to object
to an account So as to prevent
its becoming an account stated.
18-887 (case p. 882).

Law governing question whether an ac-
count rendered by mail becomes an ac-
count stated. 18-882.
Sufficiency of objection to statement of
account to prevent its becoming an
account stated. 18-882.
Retention of statement of account for
unreasonable time without objection
as open to explanation. 18-882.

The dash in each citation stands for A.L.R.

1563

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Rights and remedies in case of encroach-
ment of trees, shrubbery, or other
vegetation across boundary line.
18-655 (case p. 650).

AGRICULTURE.

Judicial notice of existence of a dormant
and a growing season in each year.
18-947.

Italic type indicates points with annotation; roman type, points without.

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Discretionary matters.
Election between counts in indictment
charging receiving of stolen automo-
biles belonging to different owners.
18-1074.

Competency of expert witness. 18-119.
Competency of juror. 18-368.

Questions not raised below.
Theory upon which case is tried as bind-
ing on appeal. 18-1204,

Errors waived or cured below.
Failure to give twenty days' notice of in-
tention to make extraordinary motion
for new trial in criminal case.
18-368.

Misjoinder of parties defendant. 18-979.
Review of facts.

Depreciated value of money as element

to be considered in passing upon
excessiveness of verdicts in personal
injury cases. 18-565.

Negligence or contributory negligence at
railroad crossing, reversal of finding,
18-1106.

Finding by master approved by chancellor.
18-623.

On appeal from appellate court; contempt
proceeding. 18-208.

Reversible error.

Indorsement of name of witness upon in-
formation after trial has commenced.
18-1074.

-as to evidence.

Error without prejudice. 18-1360.

Admission in suit to enjoin erection of
tuberculosis hospital, of report of ex-
perts recommending the site chosen or
the written approval of the site by
state board of health. 18-119.
Evidence of value at a point short of
destination of animals lost during
transportation, in action against car-
rier. 18-1110.

-as to instructions.

As to duty to retreat. 18-1272.
Instruction in action for injury to passen-

ger in automobile by defect in high-
way, that stranger driving in highway
may presume that it is in safe con-
dition. 18-303.

Instruction in action for husband's death,
that misconduct of wife may be con-
sidered in estimating damages.
18-1406.

As to burden of proof of knowledge of in-
firmity in negotiable instrument by
holder thereof. 18-1.

-as to conduct of trial.

Failure to require state to elect between
counts in indictment until evidence
was all in. 18-1074.

Judgment.

Legal conclusion, duty of appellate court
to declare, when result of suit de-
pends entirely upon a legal question.
18-947.

Reversal of judgment to permit defendant
to implead third party so as to secure
contribution from him. 18-303.

APPELLATE COURT.

Review of findings on appeal from, see
APPEAL AND ERROR.

APPOINTMENT.

Of personal representative, see EXECUTORS
AND ADMINISTRATORS.

Power of, see POWERS.

Of receiver, see RECEIVERS.

APPORTIONMENT.

Of rent payable in lump sum at end of
year, where landlord accepts sur-
render during the year. 18-947.

ARGUMENT.

Of counsel, see TRIAL.

Italic type indicates points with annotation; roman type, points without.

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