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.
(brief) 6: 81 2: 512, 9: 772 '
Relationship by, when exists. Whether "relatives" include
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: 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.
based on mistake: (a) cases holding mis- ALTERATION OF INSTRUMENTS.
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
(brief) 15: 254, (brief) 17: 771
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.
Exceptions; purpose and effect; when must be taken; must be specific.
8: 608, 12: 554 Objections must be made in court below.
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.
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.
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.
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.
(brief) 10: 609, (brief) 19: 449 Resistance of, for breach of peace.
Right to stop train for purpose of.
Effect on suit of discharge from wrongful
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.
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.
See INSURANCE; PUBLIC IMPROVEMENTS; TAXES.
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.
(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.
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.
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
effect of usage to bind bank; what suffi- "cient to establish usage.
Constitutionality of statute prohibiting pri-
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.
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
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.
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.
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.
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.
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.
(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.
Of note indorsed for accommodation.
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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