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COMBINED INDEX

TO

NOTES AND CASES

ABANDONMENT.

ACKNOWLEDGMENT.

Divorce on ground of abandonment, see Bail bond, acknowledgment of, see BAIL
DIVORCE AND SEPARATION.

AND RECOGNIZANCE.

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ADVERSE POSSESSION.

Recognizing title as barring claim of ad-
verse possession. 38-1053.

AEROPLANES AND AERONAUTICS.
Amusements, liability of keeper of place
of amusement for injury to patron
by aeroplane. 38-359.

AFTERBORN CHILD.

Remainder to, see WILLS.

AGENCY.

See PRINCIPAL AND AGENT.

AGREEMENT TO SELL LANDS.
Definition of, see WORDS AND PHRASES.

AMUSEMENTS.

Ball playing, see BALL PLAYING.
Bathhouses and bathing resorts, see BATH-
HOUSES; BATHING RESORTS.

Bowling alleys, see BOWLING ALLEYS.
Circus, see CIRCUS.

Fireworks, see FIREWORKS.

Horse shows, see HORSE SHOWS.
Merry-go-round, see MERRY-GO-ROUNDS.
Mimic railways, see MIMIC RAILWAY.
Pool room, see POOL ROOMS, ETC.
Races, see RACES.

Scenic railways, see SCENIC RAILWAY.
Shooting galleries, see SHOOTING GALLERY.
Skating rinks, see SKATING RINK.

Municipal or statutory regulations.
Court's review of statute regulating re-
sale of tickets, see COURTS.

License for resale of tickets, see LICENSE.
Resale of tickets to places of amusement,
validity of statute or ordinance in re-
lation to. 38-623 (case p. 613).

Liability for injury to patron.
Duty and liability of owner or keeper of
place of amusement respecting in-
juries to patrons. 38-357 (case p.
352).

Pass, injury to one using. 38-352.
Presumption and burden of proof as to
negligence, see EVIDENCE.

Question for jury as to negligence.

AIR.

Easement of, see EASEMENTS.

Leased premises, change of physical con-
ditions on property of landlord other
than that leased affecting air of.
38-1090 (case p. 1087).

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38-

352.

- contributory

negligence and as-

sumption of risk.

Contributory negligence and assumption
of risk of injury by patron at place
of amusement. 38-358.

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

ANIMALS.

Nuisance resulting from burning of ani-
mals killed on railroad tracks, see
NUISANCES.

Injuries by.

Amusement, liability of proprietor of
animal show for injury to patron.
88-359.

ANSWER.

Defendant's answer, see PLEADING.

ANTICIPATORY BREACH.

Sale contract, see SALE.

APARTMENT HOUSES.

Exclusion of, from residence districts, see
BUILDINGS.

APPEAL AND ERROR.

Decisions reviewable; finality of judg-
ment or decree.

Demurrer, appealability of order as to.
38-15.

Jurisdiction, appealability of order over-
ruling objection to. 38-807.

Who entitled to appeal.
New trial, right of one whose motion for,
is sustained, to appeal from refusal
of court to pass upon some grounds
of motion. 38-814.

Briefs.

Evidence, waiver of error in admission of,
by failure to discuss question in brief.
38-845.

Objections and

exceptions;

raising

questions in lower court.
Precise ground on which objection is pred-
icated, necessity of stating. 38-845.

- definiteness; sufficiency.
Subscription agreement, exception to find-
ing in proceeding to enforce. 38-845.

- necessity for exceptions.
Finding by court to which no exception is
taken, binding effect of. 38-178.

-raising question by motion or other
mode.

Evidence, failure to object to, by motion
to strike out as bar to appeal. 38-
666.

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-as to verdict or findings.
Inference of fact by trial court, presump-
tion of, in support of judgment. 38-
845.
Nuisance, presumption that persons com-
plaining of, are of ordinary sensibil-
ities. 38-1502.

Probate proceedings as within statute as
to right to draw inferences. 38-845.
Viewing evidence in light most favorable
to prevailing party. 38-1507.

Errors waived or cured below.
Brief, waiver of error by failure to dis-
cuss or insufficient discussion, in
brief, see ante.

Pleading, waiver of matters as to, see

PLEADING.

-as to evidence.

Brief, waiver of error in admission of
evidence by failure to discuss it in
brief, see ante.

Review of facts.

General rule as to disturbing findings.
38-651.

- of verdict.

Approval of trial court. 38-1417.
Conflicting evidence as to possession by
husband or wife of money derived
from sale of wife's property. 38-37.
Favorable view of evidence to sustain ver-
dict. 38-1507.

Instances of excessive damages, see DAM-
AGES.

- of findings of court.

Errors of law as affecting weight of find-
ings. 38-914.

Referee's findings in equity case. 38-
914.

Remedy at law for nuisance, review of
finding as to. 38-1186.

Sufficiency of evidence generally. 38-825.
Where jury has been waived. 38-391.
What errors warrant reversal- as to
instructions.

Instructions in action for injury to by-
stander by crowds scrambling to se-
cure packages thrown from float in
parade as to contributory negligence
and assumption of risk. 38-1528.
Minority verdict, reversible error in in-
struction permitting, 38-1417.

- submission of issues.
Submitting question depending upon ques-
tion which jury is not in position to
solve. 38-1331.

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

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Local assessments, see PUBLIC IMPROVE-

MENTS.

ASSIGNMENT.

Insurance policy, assignment of, see IN-

SURANCE.

Lease, assignment of, see LANDLORD AND

TENANT.

What assignable.

Option in lease to purchase land. 38-

1151.

AUTOMOBILES AND MOTOR-

CYCLES.

Public regulation and control.
Estoppel to question validity of statute,
see ESTOPPEL.

Sale of, regulations as to, see SALE.
State regulation as interference with in-
terstate commerce, see COMMERCE.

registration; license.
Civil rights and liabilities as affected by
failure to comply with regulations as
to registration of automobile or li-
censing of operator. 38-1038 (case
p. 1036).

Contributory negligence, right to set up
defense of, as affected by lack of reg-
istration or license, see post.

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

Liability for injury as affected by failure

to register or procure license, see
post.

Theft insurance as affected by failure to
register car, see INSURANCE.

Negligence in use of; injuries by.
Liability for injury as affected by failure

-

to comply with regulations as to reg-
istration of automobile or licensing
of operator. 38-1038 (case p.
1036).

contributory negligence; assumption
of risk.

At street crossings or intersections. 38-
1417.

Gross or wanton negligence in driving
an automobile which will preclude
the defense of contributory negli-
gence. 38-1424 (case p. 1417).
Question for jury as to negligence of child
racing across street. 38-1417.
Registration of automobile or licensing

of operator, defense of contributory
negligence as affected by failure to
comply with regulations as to.
38-1038 (case p. 1036).
Violation of statute as gross negligence
which will make unavailable defense
of contributory negligence. 38-1417.

BAIL AND RECOGNIZANCE.

Definition of “bail" and "recognizance,"
see WORDS AND PHRASES.

Who may take.

Recess of court, permitting bond to be
filed during, upon its approval by per-
38-1102.
son designated by court.

Validity of bond.
Acknowledgment of bail bond in open

court, necessity of. 38-1108 (case
p. 1102).

Principal's failure to sign bond as affect-
ing liability of sureties. 38-1102.
Sheriff's agreement that sureties are not
to be liable unless specified number
are secured. 38-1102.

BAILMENT.

What constitutes.

Character of contract for use of chattels
with agreement for replacements.
38-175 (case p. 172).

Different kinds of bailment.

Definitions of commodatum and mutuum,

see WORDS AND PHRASES.

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

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