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INDEX TO THE NOTES.

ADMINISTRATORS, judgments against, when not enforceable in
another state, 179.

ADVERSE POSSESSION, founded upon mistake as to boundaries,
188.

ALIMONY, change in after the entry of a final decree, 865.

APPEAL, affirmance of the judgment estops sureties from denying
that the appeal was properly taken, 202.

bonds upon, defective in not being in double the amount of the
judgment, 200.

bonds upon, defective, in not showing the residence and occupa
tion of the sureties, 200.

bonds upon, defective, respondent is the only person who can
object to, 200.

bonds upon, must be in substantial conformity to the statute,
198.

bonds upon, technical errors in, 198.

bonds upon, when condition therein is not that prescribed by
statute, 200, 201.

bonds upon, when judgment was in replevin and the bond in
the form appropriate for a money judgment, 200.

bonds upon, when the appeal was not taken in time, 200.
bonds upon, when the sureties did not justify, 200.

bonds upon, which do not contain any affidavit on behalf of the
sureties, 203, 204.

estoppel of sureties upon to urge defects therein, 198-200.
estoppel of sureties upon to urge that no appeal could be taken,
198, 199.

estoppel of sureties upon to urge that the notice of appeal was
not received in time, 202, 203.

imperfect bonds upon, acceptance of by the respondent or his
failure to object to, 199.

Imperfect bonds upon, affirmance of the judgment notwithstand-
ing, 198.

Imperfect bonds upon constitute good common law obligations,
199, 200.

Imperfect bonds upon do not entitle the appellant to a stay
of execution, 199.

imperfect bonds upon, estoppel of the sureties to object to, 199.

APPEAL, imperfect bonds upon, estoppel of the sureties to ques-
tion the sufficiency of, 198.

imperfect bonds upon, failure of to conform to the conditions
prescribed by law does not release the sureties, 200.
imperfect bonds upon, respondent may object to, 198.

imperfect bonds upon, sureties cannot urge formal defects in,
199.

imperfect bonds upon, waiver of objections to is irrevocable,
199.

imperfect bonds upon, waiver of objections to, when presumed,
199.

right to, when not waived by accepting benefits under the judg-
ment, 872.

sureties on appeal bonds cannot urge defects therein, 202-204.
ARBITRATION, agreement for revocation, right of, when exists,

592.

insurance, denial of all right to recover waives, 599.

ARREST, caused by mistake respecting the identity of the person
arrested, 417.

probable cause for, what is, 416, 417.

without warrant, authority of officer to make, 657.

without warrant, when amounts to false imprisonment, 415.
ATTACHMENT BONDS not in conformity with the statute are
valid common law obligations, 113.

sureties on, how may avoid liability for a wrongful levy, 176.
ATTORNEYS AT LAW, disbarment of for forging names of sure-
ties upon appeal bond, 558.

disbarment of for presenting false affidavits to clients, 558.
liability of a firm of for the misconduct of one member, 44
unprofessional conduct of, what is, 558.

BIGAMY, essentials of crime of, 170.

former marriage, how may be proved in prosecutions for, 165.
BOUNDARIES, adverse possession based on mistake respecting,

153.

adverse possession founded upon mistake as to, 188.

adverse possession founded upon mistake of boundary lines, 153.
hearsay evidence of, 153.

monuments control courses and distances, 153.

CARRIERS, actions against, when in tort and when in contract,

182.

bills of lading are both receipts and contracts, 182.

bills of lading are presumed to contain the entire contract be-

tween the parties, 241.

termination of their liability as such, 788.

when become mere warehousemen as to goods in their pos-
session, 787.

CONSIDERATION, promise of person to do what he is lawfully
bound to do is not a sufficient, 275.

CONSPIRACY, what indictable as, 407.

CONTRACTS, interpretation put upon by the parties, when entitled

to consideration, 569.

CORPORATIONS, banking, lien of on stock for debts due, 467.

books and papers of, stockholder's right to examine, 594.
charter, general laws of the state constitute a part of, 620.
false imprisonment, liability of for, 426.

regulations upon amounting to regulations of commerce, 563.
suits against in a state other than that of their residence, 329.
COTENANCY, adverse possession by one cotenant, what requisite
to, 549.

CRIMINAL LAW, guilty knowledge, when not necessary to
crime, 455.

DEFINITION, of false imprisonment, 408, 409.

of negligence, 389.

of nuncupative wills, 572.

of percolating waters, 669.

of supersedeas, 714, 715.

of void process, 418.

DIVORCE, effect of on the husband's obligation to support the chil-

dren of the marriage, 826.

DOGS, absence of market value of, 292, 293.

are animals within the meaning of statutes referring to animals
on tracks of railways, 296.

are chattels, 290.

damages recoverable for injuries to, 292.

expert opinion respecting value of, 293.

ferocious, killing of by any person is justifiable, 293.

killing of because in bad company, 294.

killing of may be authorized when running at large without a

license, 299.

killing of, railway company, when liable for, 296.

killing of, to prevent their killing sheep, 295.

killing of, when a public offense, 291.

killing of, when mad or exposed to hydrophobia, 293.

killing of, when not justifiable, 294, 295.

killing or injuring, when justifiable, 293.

larceny of could not be committed at the common law, 290,
297.

larceny of, decisions and statutes in the United States respecting,
297, 298.

license tax for keeping may be imposed, 298.

on a street-car track are not trespassers, 296.

police power, regulations which may be imposed in the exercise
of, 298, 299.

property in is recognized to the same extent as in other domestic
animals, 290.

property rights in by the common law, 288, 289.

DOGS, property rights in in the United States, 289, 290.
property rights in, reasons for denying, 289.

railway corporations, duty of to avoid injury to, 296.

railway corporations, liability of for killing, 296.

railway corporations, liability of for negligence in transporting

296, 297.

replevin of to recover possession of, 291.

running at large of may be prohibited by statute, 289.
running at large of, when may be deemed to be, 298, 299.
sheep, killing for worrying, 295.

summary destruction of may be authorized, 298.

taxation of, whether creates property rights in, 290, 291.
title to on the death of their owner, 291.

trespass for injuries done to, 291, 292.
trespassing, right to kill, 294.

trover for conversion of, 291.

value of, evidence respecting, 293.

value of, expert opinion respecting, 293.

value of, tests for determining, 292.

EXECUTION, exemption, claim of, when may be made, 910.
levy of, possession necessary to complete, 928.

partnership property, Interest in not subject to levy under writ
against one partner, 484.

partnership property, levy upon, how may be made under a writ
against one partner, 213.

partnership property, liability of officer for assuming to sell
the whole under writ against one partner only, 484.
priority between writs against partnership and writs against
individual members thereof, 213.

spendthrift trust cannot be created by a person in his own favor
which will be exempt from, 343.

stay of proceedings. See Supersedeas.

when protects officer acting under it, 115.

EXECUTION SALES, redemption, effect of under a vold judg-
ment, 515.

redemption from by a creditor does not entitle him to hold the
property as security for another debt, 515.

redemption from by a grantee or junior mortgagee, effect of,
513, 514.

redemption from by a grantee of mortgagor, effect of, 513.

redemption from by a grantee of mortgagor from a sale under
a judgment foreclosing a mortgage, 513.

redemption from by a grantee of the judgment debtor, effect
of, 510, 511.

redemption from by a judgment debtor or his successor in in-
terest destroys the effect of a sale, 511..

redemption from by a subsequent llenholder, whether rein-
states the judgment llen, 512.

EXECUTION SALES, redemption from, creditors may effect with-
out discharging subsequent liens, 515.

redemption from, creditors' right of cannot be cut off by a
judgment debtor, 515.

redemption from, effect of where the sale passed the legal title,
517.

redemption from foreclosure sale where the property sold for
less than the mortgage debt, 514.

redemption from, lien of mortgage for deficiency, whether re-*
vived by, 513, 514.

redemption from, lien of mortgage under which the sale was
made is thereby extinguished, 514.

redemption from, lien of the judgment, whether reinstated by,
510, 511.

redemption from reinstates the lien of the judgment, 510, 511.
redemption from, sale under a vold judgment confers no rights,
516.

redemption from terminates the effect of the sale, 517.
redemptioner is a purchaser for value, 514.

EXPLOSIVES, children, liability for injuries resulting from negll-
gence in the mode of keeping, 140.

contributory negligence in living near place of storage of, 137.
keeping of gunpowder, nitro-glycerine, and like explosives,
whether a nuisance, 134.

keeping of in a populous city, when not a nuisance, 138.

keeping of in wooden building is negligence, 138.

keeping or manufacturing in public places, 135.

keeping or manufacturing on private premises, when a nul-
sance, 138.

liability for injuries inflicted by, whether depends upon negli-
gence, 134.

liability for keeping so insecure that children obtain posses-
sion of, 139.

municipal ordinance prohibiting the storage of in cities and the
transportation of along the public streets, 136, 137.

municipal ordinances, storing in violation of, 137.
negligence in the mode of keeping, liability for, 139.

negligence is not necessary to sustain a recovery for injuries
resulting from keeping or storing, 134-136.

negligence on the part of a person keeping, when not necessary
to his liability for damages caused by, 134.

presumption of negligence from explosion of a tank of oil, 139.
railways, liability of for injuries resulting from keeping in their
warehouses, 137, 138.

risks of are not assumed by persons living near the places where
they are stored or manufactured, 137.

FALSE IMPRISONMENT, arrest caused by mistake respecting the
identity of the person arrested, 417.

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