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ADVERSE POSSESSION.-Continued.

and remaindermen; ouster of and sales
by tenant for life.
19: 839
Of highways.
(brief) 8: 634
Rights acquired as against the public by ad-
verse possession of highway or city
street: presumption of abandonment;
estoppel; rule in case of city streets;
enclosure of part of the width of the
way; neglect to open; restraint of sum-
mary proceedings to remove obstruc-
tions; rule as to lateral support; miscel-
laneous decisions; statutory provisions.

Payment of taxes as evidence of.

How far tax title constitutes.
As affecting deed.
AFFIDAVIT.
See OATH.

AFFINITY.

18: 146

(brief) 6: 81
2: 512, 9: 772 '

Relationship by, when exists.
Whether "relatives" include

affinity.

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AFTERBORN CHILDREN.

Over rivers.

(brief) 5: 536

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(brief) 7: 556

11: 630

those by
14: 342

Power to cut off contingent interests of, in
property.
(brief) 18: 331

See EASEMENTS.

ALABAMA CLAIMS.

Geneva award; right of assignees; war pre-
miums; claims against indemnity fund;
compensation for collection; rights of
representatives of deceased claimant;
jurisdiction and procedure; litigation as
to title to fund.
3: 460
Commissioners of.
(brief) 4: 339

12: 566
14: 716

ALIENS.

Treaty guaranties to.

16: 277

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12: 529, (brief) 2: 465
Naturalization of, how accomplished.

(brief) 6: 238
Jurisdiction of state courts; process; pa-
10: 387
pers.
13: 229
1: 214 ALIMONY.
4: 645

As between vendor and vendee.
In case of tenants in common.
4: 645, 10: 388, (brief) 5: 467
Ouster and disseisin.
6: 644, 10: 389
Of tenant.
(brief) 5: 248
In case of ignorance or mistake as to bound-
ary; claim and occupancy to fence;
recognition of true line; effect of belief

See HUSBAND AND WIFE.
ALLEY.

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based on mistake: (a) cases holding mis- ALTERATION OF INSTRUMENTS.

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ANIMALS.

See also FENCES.

Liens for keeping. 6: 82, (brief) 3: 654
Priority of.
17: 792
Title to the increase of:-generally; as be-
tween life tenant and remainderman;
on conditional sale of dam; as between
mortgagee of dam and other claimants.
17: 81
Feræ naturæ, property in; game laws of
various states.
8: 448
4: 252
22:55
Liability for injury by dogs.
(brief) 17: 521
Liability of owner for injuries by, to per-
sons coming upon owner's premises.

Impounding and forfeiture.
Liability of owner for trespass of stock.

14: 196
Cruelty to.
11: 522
Right to kill when diseased. (brief) 10: 116
Right to kill dogs:-police power; unlicensed

dogs; owner's right of action; barking
or howling dogs; dogs dangerous to
mankind; trespassing and predatory
dogs; dogs that worry, attack, or injure
sheep or other animals; when dogs are
"at large;" negligent killing or killing
by mistake; criminal killing. 15: 249
See on same question

ANNUITIES.

(brief) 15: 254, (brief) 17: 771

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See also CORAM NOBIS; CRIMINAL LAW.

Right of administrator, executor, or trustee
to appeal as party aggrieved. 13: 745
What decrees or orders are interlocutory.
(brief) 17: 615
Opinion of the court below as part of the
record.
15: 798
Power of an appellate court to reverse a con-
viction for insufficiency of evidence to
sustain the verdict.
17: 484, (brief) 21: 374
Reversal for excessive damages.
(brief) 5: 855
Effect of illegal evidence.
2: 213, (brief) 5: 138
Sufficiency of assignments of error.

(brief) 4: 402

Exceptions; purpose and effect; when must
be taken; must be specific.

8: 608, 12: 554
Objections must be made in court below.

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APPROPRIATIONS.

14: 418

To aid sectarian institutions.
Public purposes for which money may be
appropriated or raised by taxation:-
support of schools: public buildings,
parks, and improvements; celebrations;
public entertainments; relief or loans to
citizens; protection against fire or dis-
ease; furnishing soldiers; expenses re-
lating to corporate existence; payment
of moral obligations; aid to business
corporations or enterprises; aid to rail-
roads; rewards for criminals. 14: 474
On same point see (brief) 14: 481, (brief) 15:
431, (brief) 18: 744, (brief) 21: 474
How made.
13: 169
Necessity of, for use of public moneys.

13: 222

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Agreements to arbitrate:-specific perform-
ance of; remedy at law for breach of;
as a bar to actions.
15: 142

Effect of covenant to arbitrate.

(brief) 15: 270

Submission to: effect of; revocation of;
judgment on award.
2: 180
Setting aside award; relief from mistake in
11: 623
(brief) 1: 625

award; validity of award.
Conclusiveness of award.

For determination of land titles.

(brief) 2: 533, (brief) 7: 720
Power of attorney to submit case to.

ARMY.

Enlistment of minor.

ARREST.

(brief) 7: 563

(brief) 2: 332

Right of peace officers to enter dwellings to
make:-without a warrant; with a war-
rant; to recapture escaping prisoner;
necessity of notification and demand
before entering.
16: 500
For crime; searching prisoner for evidence
of guilt.
9:323
Constitutional protection; with and without

warrant; for crime committed within
view; for breach of the peace; for mis-
demeanors; right of private person to
arrest; how made; notice to person ar-
rested; right to use necessary means;
authority to break in doors; calling for
assistance; right to kill in making arrest;
right to resist.
8:529
Without warrant.

5: 592, 8: 608

8: 608

7: 231

11: 480

(brief) 4: 435

(brief) 10: 609, (brief) 19: 449
Resistance of, for breach of peace.

(brief) 10: 609

Legality; of fugitive.

(brief) 12: 379

Right to stop train for purpose of.

(brief) 1: 189

Effect on suit of discharge from wrongful

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ASSAULT.

Intent as an element of simple assault or
assault and battery; accidental or reck-
less injuries.
14: 226
What constitutes.
(brief) 17: 627, (brief) 20: 56
Consent as justification for:-as to civil lia-
bility; as to criminal liability. 15: 853
In recapture of property:-when force al-
lowable; when not allowable; prior de-
14: 317
mand; degree of force.
In defense of person and property; degree
of force.
2: 623
Self-defense; right of; force necessary to be
used.

6: 424

8: 472

9: 445

In defending rights in land.
Civil action for, when it lies.
By captain upon seaman; liability for.
(brief) 17: 228

Liability of master for assault by servant.

ASSESSMENTS.

14: 737

See INSURANCE; PUBLIC IMPROVEMENTS;
TAXES.

ASSIGNMENT.

Assignability of cause of action for personal
tort:-test of; illustrations; the Iowa
rule; effect of verdict; conclusiveness
14: 512
of survivability as a test.
Of right to damages for unlawful seizure of
goods.
(brief) 6: 378
15: 813
Of right to set aside judgment.
Of rights under surrogate's decree.
(brief) 9: 223

Of outlawed suit; effect.

Of contracts for personal services.

Of insurance policy.

(brief) 1: 349
12: 496
9: 660

Of unearned salary of officer.

9: 706, (brief) 9: 221, (brief) 21: 827
5: 122

Of future contingent interest.

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Levy of, see LEVY AND SEIZURE.
Exemption of laborers wages from.

Injunction in aid of.

18: 305, 586
20:446
10: 504

Of property of nonresident.
What is nonresidence for the purpose of
attachment:-as to protracted absence
from the state; absence on account of
war; as to absence on account of con-
tract work on railroads; as to temporary
absence from the state; having a place
of business in the state; as to temporary
residence in the state where attachment
issues; as to mere presence in the state;
coming into the state to locate where
the attachment issues; going away to
locate elsewhere; absconding debtors;
fugitives from justice; nonresidence
generally.
19: 665
Priority in relation to foreign assignment.
17: 84
Validity of; how law construed; sufficiency
of levy to create lien. (brief) 8: 728
Affidavit for, by a stranger; ratification by
(brief) 7: 405
principal.
ATTEMPTS.

To commit offenses; what constitute.

Of chose in action; assignee subject to prior ATTORNEY-GENERAL.

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Necessity of bad or fraudulent motive to
18: 401
18: 409, (brief) 21: 783
Contracts to appear before public boards;
validity of.
(brief) 6: 808
Unauthorized appearance of attorney; effect
of; remedy of client; relief from judg
9: 844
ment for.
Transactions between attorney and client:-

closely scrutinized; when may stand;
statute forbidding purchase of client's
choses in action; attorney cannot pur-
chase adverse title; champerty and
maintenance.
9: 90
Agreement with client. (brief) 21: 368

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BANKS.-Continued.

effect of usage to bind bank; what suffi-
"cient to establish usage.

21: 440

Constitutionality of statute prohibiting pri-

vate banking.

15: 477

Purchase of notes and bills by, as distin-
guished from discounting:-what is dis-
counting; whether discounting includes
buying and selling: application of usury
laws.
16: 223
Validity of statutes as to illegal interest or
discount by.
(brief) 20: 58
17:580

Deposit tickets given by.
Cashier's check; deposit of drafts or checks.
(brief) 2: 275
Failure of, as creating liability of executor

or trustee for loss of funds:-deposit
awaiting investment; continuing deposit
made by testator; requisite character of
deposit; deposit contrary to order of
court; losing control of funds; loss
caused by war.
14: 103
When a deposit is special so that the title
remains in the depositor.
Recovery back of special deposit. 4: 328
Liability for conversion, by cashier, of special
deposit.
(brief) 17: 322
Liability of, for refusal to pay check, when
having funds therefor. 15: 134. See
also CHECKS.

16: 516

Pass book as evidence of right to draw
money; paying out customer's funds.
12: 791, 13: 737
6: 226, (brief) 8: 45
2: 491

Lien on deposits.
Relation to depositors.

9: 108, 12: 791, 13: 370, (brief) 12: 303
Proof of depositor's account. (brief) 7: 491
Payment by savings bank to wrong person.
(brief) 11: 795
Application of depositors' money.
4: 111, (brief) 10: 45
Liability to depositors for payment of altered
or raised check or forged paper. 2: 96,
7: 595, 849, 12: 791, (brief) 14: 320, (brief)
15: 102
Knowledge of depositors' signature. 6: 724
Collections, what agent may accept in pay.
ment.
2:491

BANKS.-Continued.

Rights and liabilities arising from. 2: 699,
4: 422, 7: 852, 8: 42, (brief) 7: 364, (brief)
13: 242

Collecting bank as agent of owner.

2: 699, 8: 42
Insolvency of collecting bank. 7: 852
Right of owner to control proceeds.

(brief) 7: 559

Ownership of check deposited for collec-
(brief) 17: 292

tion.
Indorsement "for collection."

7: 852, 8: 42
Paper indorsed in blank; restrictive in-
dorsement; passing of title; application
of proceeds; effect of advances and over-
drafts; effect of custom or course of
dealing; revocation of agency; repudia-
tion of doctrine of subagency of collect-
ing bank; neglect or default of corre
spondents and agents; debts, liabilities,
etc., of collecting bank.
7:852
Transmission of money for benefit of third
party.
4: 328
Taking check to pay draft held for collec-
tion.
(brief) 21: 753
Set off by or against insolvent bank. 47: 456
Right to set off unmatured claim against
deposit account of insolvent debtor:-
in case depositor dies insolvent; effect
of presentation of check against the fund.
15: 710
National; attachment by creditors; lien on as-
sets.

In liquidation.
Unliquidated cross-demands.

6: 226

1:781

9:560

Liability of savings banks directors. 2: 533
Care required of bank directors as to corpo-
ration and stockholders; as to third par-
ties.
15: 305
Powers of cashier or director. (brief) 20: 780
BARK.

Oral contract for sale of.

BASTARDY.

19: 721

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BILLS AND NOTES.

Alteration of, see ALTERATION OF INSTRU-
MENTS.

Bank Checks, see CHECKS.

What Law Governs, see CONFLICT OF LAWS.
Evidence as to, see EVIDENCE.

Payment of or by, see PAYMENT.

Liability on, When Made by Agent, see PRIN-
CIPAL AND AGENT.

Suretyship on, see PRINCIPAL AND SURETY.

(brief) 5: 747
(brief) 8: 365

What are.
Form of.
Effect of custom upon law regulating.
(brief) 3: 273. See also, as to Banking
Customs,
21: 440
Certainty as to payment; payment in money
only; orders.
3: 50
Negotiability of. 7: 537, 8: 393, (brief) 3:
192, (brief) 12: 141, 483
Of note payable in foreign money. 20: 481
Effect of stipulation for attorneys' fee.
1: 546, 350, 7: 445, (brief) 7:225, (brief)
17: 596
As affected by provision for exchange.
(brief) 21: 178
Note payable on or before" a certain
date.
11: 749

Seal attached to; effect of addition.

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Payable to estate or heirs.
Ratification of sealed note.
Taking effect from delivery.
Consideration, implication of.
Want of, as a defense.
False representations as to.
Maturity; extension of time upon, when
last day falls on Sunday.
Effect on, of clause in mortgage.

1: 594

10: 676

14: 120

(brief) 19: 673
Of I. O. U.
(brief) 7: 392
Validity in general.
7: 705
Validity of notes given for patent-rights:
-where the patent is invalid; failure
of consideration; as to recording and
defective assignments; as to notice to the
holder affecting the validity of the note;
20: 605
as to statutory restrictions.
Note given for Bohemian oats.

6: 501, (brief) 8: 477
Fictitious party to.
6: 625
Bona fide holder, protection of, presumption
in his favor; knowledge of facts. 10: 676
How far the surrender of a pre-existing
debt constitutes consideration for.

(brief) 9: 607, 850
Rights of bona fide purchaser of note de-
clared void by statute.
16: 45
Of note given for illegal consideration.
(brief) 7: 706
Constructive notice to purchaser after ma-
turity.
3: 759, 12: 41
Purchase as cutting off equities; unlawful
use of draft by agent of drawer.

What notice sufficient to destroy bona
fides of purchase.

(brief) 9: 850

(brief) 9: 674

Of note indorsed for accommodation.

(brief) 5: 674

Transfer without indorsement.

7: 388, (brief) 19: 717
Indorsement, effect of. 1: 648, 712, 5: 698,

(brief) 2: 428, (brief) 3: 759

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