INDEX. (THE REFERENCES ARE TO BOTH THE SECTIONS AND PAGES.) (NOTE.-The whole book has been carefully indexed under the one title "Jurisdiction." besides the indexing under sub-heads, and the subjects of the sections are indicated by black type in this general index, so that if any matter has been omitted from its appropriate place elsewhere, it can be easily traced and found under Jurisdiction.) A Abatement. (See PLEA IN ABATEMENT.) of nuisance when constructive notice allowed in action for, sec. 38, p. 270 Acceptance of Service. (See SERVICE OF PROCESS.) of process, what sufficient as proof of service, sec. 39, p. 291 Account running, can not be divided to bring amount within jurisdiction, sec. 16, p. 62 footing of controls in determining jurisdiction as to amount, sec. 16, p. 60 Actions. (See PERSONAL ACTIONS.) affecting title to real estate are local, sec. 12, p. 35 personal are transitory, sec. 12, p. 35 may be brought where plaintiff and defendant reside, though cause arose elsewhere, sec. 12, p. 35 transitory, exception in case of corporations, sec. 12, p. 35 where plaintiff is resident of state, defendant not, may be brought in any county, sec. 12, p. 30 for divorce residence of plaintiff gives jurisdiction, sec. 12, p. 36; sec. 73, p. 513. (See Divorce.) non-resident may maintain, sec. 13, p. 43 action defined, sec. 68, p. 461 distinctions between, and special cases and special proceedings, sec. 68, pp. 461-469 Adjournment of Court. (See TERMS OF COURT.) final, ends powers of court for term, sec. 19, p. 84 premature, by sheriff, judge may hold court balance of term, sec. 19, p. 84 to wrong time, or without fixing time, effect on jurisdiction, sec. 24, p. 149 not authorized by law, effect of, sec. 24, p. 149 Admiralty and Maritime Jurisdiction Courts of, in England, superseded by supreme court of judicature, sec. 3, p. 3 jurisdiction in, belongs to U. S. district courts, sec. 17, p. 73 jurisdiction of district courts in, extends to navigable lakes and streams, sec. 17, p. 73 state court has jurisdiction to decree common-law remedy in, sec. 17, p. 73. (747) Admiralty and Maritime Jurisdiction-Continued. but not strictly speaking admiralty jurisdiction, sec. 70, p. 484 over such navigation federal courts have no jurisdiction, sec. 70, claims against vessels not maritime within jurisdiction of state liens provided by state laws when enforceable in federal courts, sec. when enforceable in state courts, sec. 70, 484 P. depends upon character of contract, sec. 70, p. 484 when discretionary with federal court whether to enforce or not, in regulation of commerce congress may provide for liens, sec. 70, but, if does not, states may, sec. 70, p. 485 when states may regulate fisheries, sec. 70, p. 485 states can not by providing for liens extend jurisdiction of federal nor can courts decline to enforce because provided for by state, sec. may enforce state lien on domestic vessel, though maritime law but state courts can not enforce lien on vessel engaged in foreign but may against vessels navigating inferior streams and not engaged general rule that admiralty jurisdiction confined to tide waters to but federal courts extend to navigable lakes and rivers above tides common-law remedy growing out of maritime transaction may be fact that common-law remedy aided by lien does not affect jurisdic- Administrators. (See PROBATE JURISDICTION; SALES OF REAL ESTATE.) whether in such case appointment of, can be collaterally attacked, what is necessary to give court jurisdiction to order sale of real estate petition foundation of jurisdiction, sec. 76, p. 558 what petition must show, sec. 76, pp. 558, 559 order of sale an adjudication of all jurisdictional facts, sec. 76, notice must be given, sec. 76, p. 563 whether heirs necessary parties, sec. 76, p. 564 Affidavit- for publication, can not control as to jurisdiction against matters ap- for publication of constructive notice, what must show, sec. 38, pp. making of, is jurisdictional step, sec. 38, p. 271 substantial compliance with statute necessary, sec. 38, pp. 271-273 not a part of judgment roll, sec. 38, p. 273 how due diligence in effort to make personal service must be when statements on information and belief sufficient, sec. 38, pp. when may be amended, sec. 38, p. 279 of publication of constructive notice, what must show, sec. 38, 285, 286. (See CONSTRUCTIVE Service.) failure to make effect of, sec. 38, p. 285 of personal service, when proper, sec. 39, p. 287 what must be shown by, sec. 39, p. 288 for change of venue, who may be made by, sec. 47, p. 340 what must show, sec. 47, p. 340; sec. 48, p. 343 may be amended, sec. 47, p. 340 pp. in contempt proceedings, when necessary, and what must show, sec. necessary in attachment, sec. 74. p. 523. (See ATTACHMENT.) what must show, sec. 74, pp. 524-528, 529-534 who may make, sec. 74, p. 528 in garnishment, sec. 75, p. 549. (See GARNISHMENT.) in ne exeat and arrest and bail, sec. 78, p. 586. (See NE EXEAT and may be amended, sec. 78, Agreed Statement- p. 587 may by consent take place of pleadings and give jurisdiction, sec. affidavit that controversy real necessary, sec. 12, p. 33 Alimony. (See Divorce.) Amendment. (See COMPLAINT, JUDGMENT, JURISDICTION, PLEADINGS.) new notice must be given, sec. 14, p. 49 court has inherent power to amend its record, sec. 27, p. 181 Appeal. (See APPELLATE JURISDICTION.) appellate court having original jurisdiction of subject-matter, but right of is statutory and may be extended by statute, sec. 21, p. 98 time for can not be extended by parties nor by court, sec. 21. p. 99 when constitutes a waiver by appearance, sec. 22, p. 110 question of jurisdiction, how may be raised on, sec. 22, p. 112 effect of on jurisdiction of court, sec. 24, p. 150 effect of on judgment appealed from, sec. 24, p. 150 Appeal-Continued. death of party on when new parties must be made, sec. 42, p. 307 if any refuse to join and notice required, same must be given or ap- appearance and failure to join will not waive such notice, sec. 21, p. 99 be prosecuted, sec. 21, p. 100 can be no second when first is pending, sec. 21, p. 100 where is allowed on some action of lower court, such action must be where record shows that court has not jurisdiction will be dismissed, where question of jurisdiction depends upon proceedings below, rec- consent of parties will not give right to determine other questions, where record shows subject-matter out of jurisdiction, consent can can not be taken by consent to court not having jurisdiction, sec. 21, actual controversy must appear, sec. 21, p. 101 will lie only from decision of a court, sec. 21, p. 101 will lie only from decision upon judicial question, sec. 21, p. 101 p. 101 same must be filed in statutory time, sec. 21, p. 101 origin of the right of, sec. 88, p, 728 is now wholly statutory, sec. 88, p. 728 what may be reviewed by, sec. 88, pp. 728–730 how jurisdiction in given, sec. 88, p. 730 not proper to remove cause from state court to supreme court of when remedy must be sought, sec. 88, p. 730 courts can not extend time given by statute, sec. 88, p. 731 right of appeal in all cases depends upon the statute, sec. 87, p. 732 733 notice to co-parties when necessary and objects of, sec. 88, pp. 732, who must be joined in the appeal, sec. 88, p. 733 notice in what cases dispensed with, sec. 88, p. 733 notice may be waived, sec. 88, p. 733 who must be notified, sec. 88, pp. 733, 734 bond, when required and effect of failure to give, sec. 88, p. 734 affidavit on appeal when necessary, and effect of failure to make, sec. 88, p. 734 provision usually made for amendment, sec. 88, p. 734 record on appeal, what must contain, sec. 88, p. 735 motion for new trial, when necessary as foundation for, sec. 88, p. 735 |