JURY TRIAL, passion and prejudice, setting aside verdicts because of, 543.

LIEN, of factors, 852.

LIMITATIONS, statute of, fraud, when prevents running of, 692.

statute of, want of knowledge of the existence of cause of action, 692.
statute of, when begins to run, 693–695.

LUNATICS, due process of law, what is with reference to proceedings against,
924.

notice, whether must precede appointment of committee for, 923, 924.
MALICIOUS PROSECUTION, public officer, liability of for, 747.

MARRIAGE SETTLEMENTS, consideration of marriage is sufficient to support,

948.

MARRIED WOMEN, torts, liability of for, 937.

MASTER AND SERVANT, acts of servant for which master is answerable, 609.
continuing in employment after knowledge of risk, 248.

superior servant, master, when answerable to inferior servant for neg.
ligence of, 607.

vice-principal, foreman ordinarily is not, 606.

volunteers assisting servant, liability of master to, 446.

MECHANIC'S LIEN, against a person who does not own the fee, 223.

agreement of the principal contractor that none shall be filed, 792.
description in claim of, 223.

homestead, whether subject to, 383.

interest subject to, 223.

notice of, what must contain, 792.

on property of married woman, 792.

MORTGAGE, satisfaction of by mistake, 490.

securing different notes, proceeds of, how to be distributed, 760.
MUNICIPAL CORPORATIONS, delegation of powers of, 40.

indebtedness beyond the amount authorized by the constitution, 238,

259.

indebtedness beyond the amount authorized by the constitution, equi
table rights of holders of, 259.

Indebtedness beyond the constitutional limit is wholly void, 259, 260.
indebtedness, notice must be taken of limitations upon power to create,
258.

indebtedness, parties dealing with must take notice of facts appearing
by the public records, 258.

indebtedness, refunding bonds if in excess of the constitutional limit
are void, though based partly on valid debts, 260.
injunction against enactment of void ordinances by, 344.
legislative duties, liability for nonperformance of, 858.
streets, liability for not keeping in repair, 858.

surface waters, liability for, 494.

MUTUAL BENEFIT ASSOCIATIONS, beneficiaries, change of, how may be made,

17, 49.

beneficiaries have no vested rights, 17, 45.

beneficiaries, waiver of defects in attempted changes of, 50.

NEGLIGENCE, Contributory is using defective sidewalks, 803.
NEGOTIABLE INSTRUMENTS, alterations in which will avoid, 251.
blanks in, negligence in leaving unfilled, 251.

counterclaim or setoff, when assignment is subject to, 845.
equities to which indorsee of is subject, 845.

NUISANCE, abatement of without notice, 911.

damages for are all recoverable in one action, 910, 911.
separate actions for, when recoverable, 910.

PARTNERSHIP, real property, when treated as assets of, 360.

PAYMENT, voluntary, effect of, 883.

voluntary, recovery of money used in making, 883.

PHYSICIANS AND SURGEONS, are not servants of the persons employing them,

771.

PREFERENCES, by insolvent corporations in favor of their creditors, 826-835.
by insolvent corporations in favor of their directors. 834, 835.

PROFITS, loss of, when recoverable as damages, 894.

PUBLIC LANDS, appropriation of waters thereon, 780.

purchaser of takes subject to prior appropriation of, 780.

RAILWAY CORPORATIONS, blasting rock in construction of railways, dam-
ages recoverable for, 910.

crossings, duty of persons approaching, 285.

damages, recovery for injuries resulting from construction of, 910.
grant of right of way for purpose of, what implied from and included
within, 910.

negligence, whether may be inferred from the speed of trains, 285.
passengers, liability for assault made upon, 326.

signals, duty of to give at crossings, 285.

turntables, liability for injuries inflicted on trespassing children, 623.
REMAINDERS, Vested and contingent, distinction between, 194.

RESCISSION, of contract by parties in default, 786.

SALE, agency to sell and return proceeds constitutes a bailment, 848.
and consignment, difference between, 206.

consignment of goods for does not authorize their sale to pay con-
signee's debt, 204.

consignment of goods for does not justify their pledge to pay con-

signee's debt, 204.

consignment of goods for does not necessarily vest property in con-
signee, 204.

consignment of goods for does not subject them to claims of the con-

signee's creditors, 204.

consigument of goods for gives consignee no right of action against

consignor, 204.

consignment of goods for is subject to such conditions as the consignor

may impose, 205.

consignment of goods for must be accepted by the consignee, 203.
consigment of goods for, nature of the interest of the consignee, 204.
consignment of goods for vests title in the consignee to the extent of

advances made, 204, 205.

consignment of goods to be sold on commission, assignment after, 209.
consignment of goods to be sold on commission, attachment of, 208, 209.
consignment of goods to be sold on commission, consignor's right to re-
cover proceeds of, 209.

consignment of goods to be sold on commission does not pass title, 207.
consignment of goods to be sold on commission, instances where does
not pass title, 208.

consignment of goods to be sold on commission, losses must be borne
by the consignor, 210.

SALE, consignment of goods to be sold on commission, when passes title,
207.

consignment of goods to be sold on commission, with a right to the con-
signce to retain all above a specified price, 208, 209.

delivery to carrier, when passes title, 840.

evidence to show whether transaction amounted to or to a consignment,
206

or consignment, question of should be submitted to the jury, 206.
or return, contracts of, 210.

when executory, 871.

with privilege of purchaser to return property, effect of, 871.
SHELLEY'S CASE, rule of, 194.

Slander and LIBEL, damages, actual and exemplary, 45.

STREET RAILWAYS, duties of servants of to avoid injuring persons on the
street, 649.

have no exclusive right to the use of the streets, 649.
SUBROGATION, person paying mortgage, when entitled to, 490.
SURVEYS, apportioning an excess or deficiency in, 186.

TAXES, homestead is subject to, 387.

TORTS, homestead, whether subject to judgment for, 388, 389.
liability of married women for, 937.

TRADE, combinations in restraint of, 615.

TRESPASSERS upon real property, liability of landowner to, 123.

UNDUE INFLUENCE defined, 514.

VENDOR AND PURCHASER, forfeiture by vendee of partial payments, 786.
VENDOR'S LIEN, homestead, whether subject to, 385.

WATERS, appropriation of on public lands, 780.

WILLS, codicil, proof of establishes the will, 158.

execution of, attesting witnesses need not see the testator sign, 158,
proof of, where witnesses cannot be found, 158.

witnesses attesting, competency of is to be determined by the facts
existing when the will was made, 437.

witnesses attesting, husband or wife of beneficiary is not competent de
act as, 438,

INDEX.

ABATEMENT.
MENT.

See NUISANCE, 2

ACCIDENTS.

See NEGLIGENCE, 6; RAILROADS, 16.

ACCOUNTING.

See EXECUTORS AND ADMINISTRATORS, 10.

ACTIONS.

1. A CAUSE OF ACTION DOES NOT EXIST, unless there is a person in exist
ence capable of suing, or of being sued. Riner v. Riner, 693.

2 NEGLIGENCE-TRANSITORY ACTION-PROOF OF LEX Loci.-A common-law
action against a railroad company by an employee to recover for injuries
caused by the negligence of the company is transitory in its nature, and
may be maintained in a state other than that in which the injury is
received without proof of the law of the latter state. Burdict v. Mia-
souri Pac. Ry. Co., 528.

ADOPTION.

CONFLICT OF Laws-Adopted CHILDREN.-Though children adopted in a
foreign country may have acquired the status of children and heirs at
law of a person there residing, yet, if he subsequently removes to an
other country, and there acquires property, it is subject to the laws of
that country, and the right of the owner to dispose of it by will, though
by so doing he may disinherit the children. Long ▼. Hess, 143.

ADULTERATION.

POLICE POWER-ARTIFICIAL COLORING IN VINEGAR.-A statute prohibit-
ing every person from manufacturing or keeping for sale any vinegar
containing any artificial coloring matter is constitutional and enforce-
able though the coloring is harmless and not injurious to health, and
the vinegar so colored is in all respects equal to the best vinegar of
the class which it is colored to represent, if the object of the coloring
is to deceive purchasers into believing that the vinegar was of this
latter class. People v. Girard, 595.

See MUNICIPAL CORPORATIONS, 20.

ADVERSE POSSESSION.
See CROPS.

AGENCY.

1. TRUST FUNDS.—A principal is entitled in all cases when he can trace his
property, whether it be in the hands of his agent, or of his representa-

tive, or of a third person, to reclaim it, and it is immaterial that it has
been converted into money if it is in condition to be distinguished from
other property or assets of the agent. Roca v. Byrne, 599.

2. IF AN AGENt Received oF HIS PRINCIPAL bills to be collected and there-
after used to satisfy such obligations as the principal may incur, and
which, when collected, the agent deposited in bank to his own credit,
the equitable title remains to the moneys so deposited in the princi
pal, and on the agent's insolvency the principal may recover them in
preference to the other creditors of such agent. Roca v. Byrne, 599.
& CONSIGNMENT FOR SALE-LIEN FOR COMMISSION.-Under a contract of
consignment for sale, where the contract is one of pure agency, the
agent's right to a lien for commission and expenditures is one personal
to himself, not transferable, and he alone has the right to take advan-
tage of it. Barnes Safe etc. Co. v. Bloch Bros. Tobacco Co., 846.
See INSURANCE, 39, 40.

ALTERATION.

See NEGOTIABLE Instruments, 16, 17.

AMENDMENTS.

See APPEAL, 20.

ANTENUPTIAL CONTRACTS.

See MARRIAGE AND DIVORCE.

APPEAL.

1. APPEAL DOES NOT LIE from a discharged and satisfied judgment Stais
v. Conkling, 270.

2 JUDGMENTS-DISCHARGE OF-RIGHT TO APPEAL.-One found guilty of
contempt, who pays, under protest, the fine adjudged against him,
cannot reserve the right to appeal. No appeal lies from a discharged
judgment. State v. Conkling, 270.

& JUDGMENT-REVIEW.—If a complaint is fatally defective, and does not
support the judgment, alleged errors occurring upon the trial cannot be
examined upon appeal at the instance of the plaintiff. Kennett ▼.
Peters, 274.

A JUDGMENTS-REVIEW.—A judgment, if shown to be correct by the plead-
ings and evidence, cannot be disturbed on appeal, notwithstanding
errors may have occurred upon the trial. Kennett v. Peters, 274.
To bring before the supreme court of Illinois for review the rulings of
the trial court upon a question of law, written propositions must be sub-
mitted to it to be held as law in the decision of the cause, and the court
must then write on such proposition either "refused" or “held," and
the party objecting to the action of the court in this respect must
except thereto. Niagara Ins. Co. v. Bishop, 105.

AN ADVERSE PARTY WITHIN THE MEANING of the Statute REGULATING
APPEALS is a party whose interest in relation to the subject of the
appeal is in conflict with the reversal or modification of the judgment
or order from which the appeal is prosecuted. Green v. Berge, 25.
7. Adverse Party, WHO IS-CODEFENDANTS.-Under a statute requiring
every notice of appeal to be served on the adverse party or his attor
ney, a plaintiff against whom a judgment has been entered in favor of