ABANDONMENT.

Of wife, see "Husband and Wife," § 7.

ABATEMENT AND REVIVAL.

1. Taking and certificate.

Where evidence shows the acknowledgment
of a deed by a married woman was freely and
voluntarily made, it is legally sufficient.-Bene-
dict v. Jones (N. C.) 221.

A deed executed by a clerk of a court cannot
of Richmond (Va.) 651.

ment," § 8.

Revival of judgment, see "Judgment," § 11.
Substitution of parties, see "Parties," § 2.

§ 1. Another action pending.
An action is not pending after order dismiss-
ing the complaint on demurrer.-Burnett v.
Southern Ry. Co. (S. C.) 679.

§ 2. Death of party and revival of ac-

tion.

Action for malicious prosecution held not to
survive to the personal representative.-Porter
v. Mack (W. Va.) 459.

ABDUCTION.

See "Seduction."

ABUTTING OWNERS.

Assessments for expenses of public improve-
ments, see "Municipal Corporations," § 5.
Compensation for taking of or injury to lands
or easements for public use, see "Eminent
Domain," § 2.

ACCEPTANCE.

Of goods sold in general, see "Sales," § 3.

ACCESSION.

Annexation of personal to real property, see
"Fixtures"; "Improvements."

ACCESSORIES.

Criminal responsibility, see "Criminal Law,"
§ 2.

ACCIDENT.

Cause of personal injuries, see "Negligence,"
§ 1.

ACCORD AND SATISFACTION.

See "Payment."

ACCOUNT.

Accounting between partners, see "Partner-
ship." § 3.

Accounting by executor or administrator, see
"Executors and Administrators," § 5.

ACKNOWLEDGMENT.

Of indebtedness barred by limitation, see "Lim-
itation of Actions," § 3.

Operation and effect of admissions as evidence,
see "Criminal Law," § 7; "Evidence," § 3.
40 S.E.-66

§ 2. Operation and effect.

Acts 1889, c. 389, does not preclude ques-
tioning as to examination of a married woman
when she acknowledged the deed.-Benedict v.
Jones (N. C.) 221.

An acknowledgment construed as before the
clerk of court himself.-Leftwich v. City of
Richmond (Va.) 651.

ACTION.

Abatement, see "Abatement and Revival."
Bar by former adjudication, see "Judgment,"
§ 8.

Jurisdiction of courts, see "Courts."

Laches, see "Equity," § 2.

Limitation by statute, see "Limitation of Ac-
tions."

Malicious actions, see "Malicious Prosecu-
tion."

Pendency of action, see "Abatement and Re-
vival," § 1.

Restraining action at law, see "Injunction,"
§ 2.

Review of proceedings, see "Appeal and Er-
ror"; "Certiorari"; "Equity," § 8; "Excep-
tions, Bill of"; "Judgment," § 6; "Justices
of the Peace," § 3; "New Trial."
Survival, see "Abatement and Revival," § 2.
Actions between parties in particular relations.
See "Master and Servant," §§ 1, 7; "Partner-
ship," § 3.

Co-tenants, see "Partition," § 1.

Actions by or against particular classes of
parties.

See "Carriers," $$ 1-5; "Corporations," § 3;
"Executors and Administrators," § 4; "Hus-
band and Wife," § 5; "Infants." § 2; "Inn-
keepers"; "Insane Persons," § 2; "Municipal
Corporations," § 8; "Partnership," §§ 1, 2:
"Physicians and Surgeons"; "Receivers,'
§ 2; "Towns," § 1.

Assignees, see "Assignments," § 3.
Co-tenants, see "Tenancy in Common," § 2.
Heirs, see "Descent and Distribution,
State officers, see "States," § 1.

§ 1.

Particular causes or grounds of action.
See "Bills and Notes." § 3; "Bonds," $ 1:
"Conspiracy," § 1; "False Imprisonment,'
§ 1; "Fraud." § 1; "Insurance," § 4; "Judg-
ment." § 13; "Malicious Prosecution." §
"Negligence," § 3; "Taxation," § 5; "Torts'
"Trespass"; "Trover and Conversion," § 1.
Breach of contract, see "Contracts," § 6;
"Sales," § 5.

Breach of warranty, see "Sales." § 5.
Personal injuries, see "Carriers," § 3; "Mas-
ter and Servant." § 7; "Railroads," §§ 4-10;
"Street Railroads," § 2.

Price of goods, see "Sales," § 4.

Rent, see "Landlord and Tenant," § 2.

ADJOINING LANDOWNERS.

Particular forms of action.

See "Action on the Case"; "Detinue"; "Eject-
ment"; "Replevin"; "Trespass," § 1; "Trover
and Conversion."

Particular forms of special relief.

See "Creditors' Suit"; "Divorce"; "Injunc-
tion"; "Partition," § 1; "Quieting Title."
Admeasurement or assignment of dower, see
"Dower," § 2.

Alimony, see "Divorce," § 2; "Husband and
Wife," § 6.

Cancellation of written instrument, see "Can-

cellation of Instruments."

Construction of will, see "Wills," § 4.

Dissolution of partnership, see "Partnership."
§ 3.

Enforcement of right of subrogation, see “Sub-
rogation."

Enforcement of vendor's lien, see "Vendor and
Purchaser," § 3.

Enforcement or foreclosure of lien, see "Me-
chanics' Liens," § 3.

Establishment and enforcement of trust, see!
"Trusts," § 5.

Establishment of will, see "Wills," § 3.

Foreclosure of mortgage, see "Mortgages,"
$ 4.

Reformation of written instrument, see "Ref-
ormation of Instruments."

Removal of cloud on title, see "Quieting Ti-

tle."

Separate maintenance of wife, see "Husband
and Wife," § 6.

Setting aside

fraudulent

conveyance, see
"Fraudulent Conveyances," § 3.
Trial of tax title, see "Taxation," § 8.

Particular proceedings in actions.
See "Appearance"; "Continuance"; "Costs":
"Damages"; "Dismissal and Nonsuit”; “Evi-
dence"; "Execution"; "Judgment"; "Ju-
dicial Sales"; "Jury"; "Limitation of Ac-
tions"; "Motions"; "Parties"; "Pleading";
"Process"; "Reference"; "Removal of Caus-
es"; "Trial"; "Venue."
Default, see "Judgment," § 3.
Nonsuit, see "Trial," § 5.
Revival of judgment, see "Judgment," § 11.
Verdict, see "Trial," § 11.

Particular remedies in or incident to actions.
See "Attachment"; "Discovery"; "Garnish-
nent'; Injunction"; "Receivers"; "Recog-

nizances."

Proceedings in exercise of special jurisdictions.
Courts of limited jurisdiction in general, see
"Courts," § 3.

Criminal prosecutions, see "Criminal Law."
Snits in equity, see "Equity."

Suits in justices' courts, see "Justices of the
Peace," § 2.

ACTION ON THE CASE.

See "Trespass," § 1.

In an action on the case in the nature of con-
spiracy, the grounds must be set out with the
same certainty as in an action against a single
defendant.-Porter v. Mack (W. Va.) 459.

In lieu of the common-law action of con-
spiracy, an action on the case has been sub-
stituted.-Porter v. Mack (W. Va.) 459.

ADEQUATE REMEDY AT LAW.
Ground for denial of equitable relief, see "In-
junction," 1.

Actual notice of intent to hold adversely heid
unnecessary, when there is no fiduciary trust
or relation between the parties.-Bryce r.
Cayce (S. C.) 948.

In order to constitute such claim of title as
to start limitations running, the conveyance
to the occupant need not convey a valid title.
nor need the description be definite, if it can
be made certain by extrinsic evidence.-Sharp
v. Shenandoah Furnace Co. (Va.) 103.

In considering the question of adverse pos-
session under a claim of title to an entire
tract, it is immaterial whether the one from
whom the claimant derived his claim of title
claimed under one conveyance of the whole
tract or under several conveyances of the sex-
eral parts thereof.-Sharp v. Shenandoah Fur-
nace Co. (Va.) 103.

Where an occupying claimant conveys that
part of the tract which constitutes his actual
possession, he loses his constructive possession
of the balance, unless he takes actual posses-
sion of some part thereof.-Sharp v. Shenar-
doah Furnace Co. (Va.) 103.

A void deed is color of title under statute of
limitations.-Bennett v. Pierce (W. Va.) 35.

A void deed is color of title.-Bennett r.
Pierce (W. Va.) 395; Robinson v. Lowe (W.
Va.) 454.

Color of title held valuable only so far as it
indicates extent of claim.-Robinson v. Lowe
(W. Va.) 454.

One who has entered under plaintiff cannot
hold adversely without express disclaimer and
assertion of adverse title.-Maxwell v. Cun
ningham (W. Va.) 499.

§ 2. Operation and effect.

Limitations held to vest good title in ocet-
pant.-Bennett v. Pierce (W. Va.) 395.

One holding under color of title holds ad-
versely to the boundaries contained in his deed.
-Maxwell v. Cunningham (W. Va.) 499.

One holding under claim of title is limited to
his actual inclosure.-Maxwell v. Cunningham
(W. Va.) 499.

§ 3.

Pleading, evidence, trial, and re-
view.

Plaintiff in ejectment, claiming land by ad-
verse possession against the purchaser at an
administrator's sale, held to have the burden
of proving such adverse possession.-Harris v.
Cole (Ga.) 271.

Instruction as to effect of 20 years' posses-
sion under claim of ownership held to sufficient-
ly charge that possession must be adverse.-
Kolb v. Jones (S. C.) 168.

Possession by heir and executor held not
to create presumption of adverse holding.
Walker v. Killian (S. C.) 887.

The question of sufficiency of notice of ad-
verse possession is one for the jury.-Bryce
v. Cayce (S. C.) 948.

AFFIDAVITS.

In particular proceedings.

See "Appeal and Error," § 5; "Attachment,"
82; Continuance."

List of tax sales, see "Taxation," § 6.
Verification of pleading, see "Pleading," § 5.

An affidavit for a writ of error in forma
pauperis, executed before a county court clerk
in a foreign state, held invalid for failure of
proof of the officer's authority.-Shockley v.
Turnell (Ga.) 279.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

AGRICULTURE.

Where the manufacturer of fertilizers had at-
tached to each package thereof a tag, as pro-
vided by Pol. Code, § 1563, the fact that a
portion of the tags became detached while in
transit did not render the sale void.-Holt v.
Navassa Guano Co. (Ga.) 735.

ALIMONY.

ANIMALS.

Injuries from operation of railroads, see "Rail-
roads," § 9.
Stock laws denying equal protection of law,
see "Constitutional Law," § 5.

ANSWER.

In pleading, see "Equity," § 4; "Pleading," §
2.

APPEAL AND ERROR.

See "Certiorari"; "Exceptions, Bill of"; "New
Trial."

Appellate jurisdiction of particular courts, see
"Courts," § 4.

Costs, see "Costs," § 3.

In suits to set aside conveyances in fraud of
creditors, see "Fraudulent Conveyances," §
3.

Remedy by appeal as ground for denying pro-
hibition, see "Prohibition."

Review of criminal prosecutions, see "Crim-
inal Law," §§ 14, 15; "Homicide," § 7.
Review of proceedings of county board, see
"Counties," § 1.

Review of proceedings of justices of the
peace, see "Justices of the Peace," § 3.

§ 1. Nature and grounds of appellate
jurisdiction.

The supreme court will not pass on questions
when an adjudication, though favorable to
plaintiff in error, could not practically benefit
him.-Benton v. Singleton (Ga.) 811; Singleton
v. Benton, Id.

§ 2. Decisions reviewable.

Supreme court cannot review order of su-
perior court appointing a notary public.-Stein-
heimer v. Jones (Ga.) 241.

An interlocutory order restraining defendant
from operating her business held reviewable,
under 23 St. at Large, p. 623.-Williams v.
Jones (S. C.) 881.

Code, 3454, does not authorize an appeal
from an order sustaining a demurrer to an
amended bill, on the ground that it makes a
new case, in a cause in which the original ac-
tion may be proceeded with, as if the amend-
ment had not been filed.-Hobson v. Hobson
(Va.) 899.

Ex parte order making allowance to attor-
ney for legal services out of funds in the con-
trol of the court is not appealable.-Board of
344.

6.

Writ of error lies to judge of circuit court
improperly refusing appeal from judgment_of
a justice. Clark v. West Virginia C. & P. Ry.
Co. (W. Va.) 351.

3. Right of review.

Defendant paying justice's judgment volun-
tarily held to have waived his right of appeal,
notwithstanding Code, $ 886.-Cowell v. Greg-
ory (N. C.) 849.

§ 4.

Presentation and reservation in
lower court of grounds of review.
An amendment to motion for new trial, not
approved by the judge or the facts alleged cer-
tified to by him, cannot be considered on ap-
peal. Taylor v. Brown (Ga.) 281.

Where there was no motion for a new trial
on the ground of excessive verdict, plaintiff in
error cannot complain because plaintiffs below
were allowed to write off portions of the
amounts recovered.--Central of Georgia Ry.
Co. v. Berry (Ga.) 290.

A question as to whether an amendment of
motion for new trial has been properly served
upon the respondent prior to the time of the