Wolfe v. Missouri Pacific Ry. Co..97 Mo. 473.

INDEX.

A.

ACCOUNTING-Note on discovery as distinguished from account

ing, 191.

AFFIDAVIT-information acquired through telephone, 201.

Note on competency of communications received through telephone, 207. ALIMONY-action on foreign judgment, 235.

enforcing judgment against trust fund, 239.

AMENDMENT-of execution nunc pro tunc, 39.

of judgment in foreclosure after sale, 52.
of course; second amendment, 254.

amended and supplemental complaint, 256.

APPEAL-reviewing decision on demurrer; form of notice, 137. dispensing with printing, 167.

case on non-enumerated motions, 167.

Note on papers to be printed on appeal, 173.

from N. Y. City Court to Common Pleas; exception

taken after trial, 437.

presumption from general verdict, 437.

ASSIGNMENT-of expectant interest in parent's estate, 76.

of mortgage; when debt transferred, 308. ASSIGNMENT FOR CREDITORS-payment of employee's com

pensation; preference,

342.

ATTACHMENT-examination of books in possession of sheriff,

46.

attaching creditor's suit to avoid fraudulent

conveyance, 49.

information acquired through telephone; neces

sity of identifying the informant, 201.

ATTORNEY AND CLIENT-how far process protects attorney,

39.

[xxxvii]

B.

BAILMENT-title to drawing on lithographic stone, 373.
BANKING-banker's lien for advances, I.

lien to secure advances, 3.

BILLS, NOTES AND CHECKS-form of notes; reference in other instrument, 121.

BONDS-right of bondholder to bring foreclosure, 309. BROKERS-commissions on sale of real property; employment by both parties; New Jersey statute, 454.

Note on pleading in action by broker employed by both parties, 463.

C.

CARRIERS―lability of messenger company, 147.

CAUSE OF ACTION-where it arises; loss of baggage by carrier,

437.

CHATTEL MORTGAGE-agreement to farm on shares; title to crops, 224.

CHATTELS-title to lithographic drawings on stones owned by

another, 373.

CONFUSION AND ACCESSION-drawing on lithographic stone,

373.

CONSTITUTIONAL LAW-physical examination before trial, 356. CONTRACTS—parol, regulating descent of lands, 86.

Note on settling an estate by contract, 92.

Note on reading several contracts together, 129. Note on contracts for farming on shares, 219. building agreement; provision for percentage to contractor construed, 297.

CORPORATIONS-liability of stockholder, 27.

corporation holding stock of another com

pany; acquiring latter's property; right of other stockholders, 29.

COSTS-in discretion of court; against poor person, 44.

of demurrer, 84.

suing as poor person, 144; Id. 483.

term fees, 478.

COSTS-term fees in court of appeals; damages for delay, 479.

in special proceeding, 480.

stay for non-payment of motion costs, 481.
disbursements; stenographer's fees, 482.

in discretion of court, 7, 21.

CREDITOR'S SUIT-action by attaching creditor, 49.
CRIMINAL LAW-conspiracy to commit felony; merger, 176.
sufficiency of evidence, 227.

D.

DAMAGES for personal injuries, 56.

loss of profits to lessee, 210.

Note on evidence of value of neighboring premises,
273.

for discharge resulting from assignment by em-

ployer, 342.

Note on damages for wrongful discharge, 348.

DEATH-action for damages; release by one afterward obtaining
letters, 246.

DEFENSES-foreign attachment, 131.

DEPOSITIONS physical examination before trial, 356; Id. 365.
Note on physician's examination before trial,

370.

DESCENT-effect of agreement, 86.

Note on settling an estate by contract, 92.

DISCONTINUANCE-terms of allowing, 44.

DISCOVERY-form of order, as to books in possession of sheriff,

46.

of defendant's books in action for commissions, 181.
note on discovery as distinguished from accounting,
191.

DISTRIBUTIONS-Note on settling an estate by contract, 92.
DIVORCE-annulling marriage for fraud, 325.

E.

EQUITY-when money judgment refused on failure to show right
to equitable relief, 308.

origin of jurisdiction; failure to establish equitable
cause of action; dismissal, 430.

EVIDENCE-usage, 7.

rejected will, 113.

Note on reading several contracts together, 129.
judicial writings; presumption, 131.

Note on competency of communications received
through telephone, 207.

Note on evidence of value of neighboring premises, 273.
showing value of real property; expert opinion;

showing other sales, 269.

negligence; giving way of scaffold, 426.

EXCEPTIONS-Criminal cases; time for presenting, 419.
EXECUTION-Irregular execution; amendment; liability of
attorney, 39.

EXECUTOR AND ADMINISTRATOR-Note on settling an es-

tate by contract, 92.

payment before
letters, 246.

F.

FACTORS-liability for goods sold but received back in settlement,

97.

liability for proceeds of sale, 100.

FIXTURES-canvases affixed to ceiling, 387.

FORECLOSURE-right of action by bondholder; absent and in-
competent trustee, 301.

FORMER ADJUDICATION-decree refusing probate, 113.
FRAUD-husband's action for fraud inducing marriage, 314.
purchase by an insolvent; following fund, 400.
who not a bona fide purchaser, 400; Id. 410.

G.

GIFT-requisite cogency of evidence; delivery of bank books, 159.

H.

HIGHWAYS-easements of abutting owner; shade trees, 198.
HUSBAND AND WIFE-husband's action for fraud inducing
marriage, 314.