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BLANDER, adultery, charge of, 405.

rumors and statements of, admissibility of in mitigation of dam

ages, 405.

SPECIFIC PERFORMANCE, laches as a defense to suits for, 261.

STATUTES, adopted from another state after being there judicially con

strued, 462.

STATUTES OF LIMITATION, absence from state, but temporarily visiting it at various periods, 770.

absence from state of person holding adverse possession of land, 766, 770.

new promise of payinent by one joint debtor, 276.

return to the state, what is within meaning of, 770.

STREET RAILWAYS, children, negligence toward when crossing track of,

678.

overcrowding cars as negligence, 845.

steps, passengers riding upon, whether guilty of negligence, 673.

TELEGRAM, presumption of delivery of, 223.

TIDE LANDS, belong to the states, 298, 299.

TRUSTS, investment of funds in the stock of a private corporation, 70. power of equity over, 70.

VOLUNTARY ASSOCIATIONS, decisions of, when binding on their members,

319.

members of are bound by their by-laws, 319.

WATERCOURSE, navigability of is a question of fact, 185.

WATERS, as boundaries, 289.

lands beneath navigable, title to and conveyances and grants of, 290-300.

percolating, right to divert, 273.

WILLS, grandchildren, when included in a bequest to children, 456. WITNESSES, Chastity, bad reputation or character arising from notorious want of, 481.

chastity of male witness, whether may be inquired into, 479, 482. chastity of, whether may be inquired into in prosecutions for rape, 482.

chastity, want of may be shown for the purpose of impeachment of, 480.

chastity, want of on the part of a female witness, whether a ground

for impeachment, 481, 482.

chastity, want of, whether may be shown to impeach, 481, 482. chastity, want of, whether the same rule applies in the case of male as female witnesses, 480-482.

compelling to write in the presence of the court or jury, 379. common prostitute, weight to be given to evidence of, 481, 482. husband and wife, when competent to testify against each other, 716, 725.

impeachment by proof that witness was or had been a common prostitute, 481.

impeachment, character, extent to which inquiry is permitted respecting, 479, 480.

impeachment, general grounds of, 479, 480.

impeachment, particular immoral acts cannot be proved, 480.

WITNESSES, impeachment, particular immoral acts, whether may be inquired into, 480.

in prosecutions of rape, impeachment by proof of reputation for want of chastity, 482.

objection to competency of, at what time must be taken, 812,

INDEX.

ABSENCE.
Bee Limitations of Actions, 1-4.

ABUTTING OWNERS.
See Railroads, 32-34.

ACCESSARIES, ETC.

WITNESSES-ACCOMPLICE - PROOF OF REPUTATION FOR VERACITY.-An accomplice, whose testimony has been attacked, may be sustained by evidence of his good character for truth and veracity, the same as any other witness. (Anderson ▼v. State, 722)

ACKNOWLEDGMENT.

See Deeds, 2.

ACT OF GOD.

See Carriers, 1-4; Railroads, 8, 5.

ADULTERY.

ADULTERY-LASCIVIOUS COHABITATION-WHAT CONSTITUTES.-Under a statute making it a misdemeanor for a "man and woman, one or both of whom are married, and not to each other, to lewdly and lasciviously abide and cohabit with each other," such persons can only be convicted upon proof that they have lived together in the same habitation in the manner of husband and wife. Evidence of clandestine sexual intercourse is insufficient to sustain a conviction. (State v. Chandler, 483.)

See Slander, 1.

ADVERSE POSSESSION.

1. ADVERSE POSSESSION-WHAT CONSTITUTES.-A purchaser of land who has paid the price for which he bought, whether from a public officer under execution or from a private individual, and is in occupation of the land purchased, holds it adversely to all the world under any writing that describes the land and defines the nature of his claim. His holding, however, is subject to the registration laws of the state. (Neal v. Nelson, 590.)

2. EXECUTION SALES-ADVERSE POSSESSION-COLOR OF TITLE.-A sheriff's return of execution showing a sale, a description of the land sold, the purchaser's name, and the payment of the purchase price, is such color of title as will, by adverse possession, ripen into a perfect title. (Neal v. Nelson, 590.)

See Cotenancy; Partition, 2.

AGENCY.

1. AGENCY-AUTHORITY OF SALESMAN TO COLLECT MONEY.-A traveling salesman making contracts for the sale of goods has no implied authority to collect their price, and payment to him by the purchaser in the absence of express authority in him to collect or ratification of such payment by his principal, does not discharge the purchaser who is still liable to the principal for the purchase price of the goods. In such case, evidence of the payment of the debt to the salesman is not admissible as against the principal. (Simon v. Johnson, 125.)

2. EVIDENCE.-DECLARATIONS OF AGENTS are not admissible against their principal as part of the res gestae, when made after the occurrence of an accident to which they relate. Nor can they be regarded as his admissions, unless the agent was authorized by the principal to make them. (Jammison v. Chesapeake etc. Ry. Co., 813.)

3. AGENCY-DISCHARGE OF LIEN-EXECUTION OF NOTE. Under a power of attorney authorizing the agent to carry on a general mercantile business, in a certain state, and to do all necessary acts in conducting it, as fully as the principal might do, the agent is authorized, in buying cotton within the scope of his authority, to satisfy a third person's claim to, or lien upon, the cotton bought, by giving a promissory note in the name of the principal. (Wimberly v. Windham, 70.)

See Insurance, 23-27; Negligence, 9; Real Property, 1.

ALIBI.

See Homicide, 9.

ALIMONY.

See Marriage and Divorce, 2.

ALTERATION OF INSTRUMENTS.

1. ALTERATION OF INSTRUMENTS-REMOVAL OF SUSPICION.-If any suspicion is raised as to the genuineness of an altered instrument, whether it be apparent upon inspection, or is made so by extrinsic evidence, the party producing it, and claiming under it, is bound to remove the suspicion by accounting for the alteration. (Alabama etc. Land Co. v. Thompson, 80.)

2. ALTERATION OF INSTRUMENTS-ALTERED DEED AS EVIDENCE OF TITLE.-A deed to land, confessedly valid when executed, passes title, which is not divested by the grantee's subsequent unauthorized alteration of the deed in a material part, and the deed, though altered, may still be given in evidence to prove the conveyance and the existence of title in the grantee. (Alabama etc. Land Co. v. Thompson, 80.)

3. ALTERATION OF INSTRUMENTS-EVIDENCE-ADMISSIBILITY OF ALTERED DEED.—If a party claims title to land under a deed which shows an erasure of the reservation of the minerals in the land, it cannot be received as evidence of his title to the minerals, in the absence of a sufficient explanation of the erasure. Without such explanation, the deed must be deemed to have been taken as if it contained the erased words reserving title in the mineral deposits in the grantor; but the deed is admissible in evidence to show title in the grantee to the land described in it, excepting only the minerals in the land. (Alabama etc. Land Co. v. Thompson, 80.)

AMENDMENT.
See Statutes, 18.

ANIMALS.

See Mortgages, 4; Sales, 5, 9; Statutes, 25, 26.

APPEAL.

1. APPEAL-WANT OF JURISDICTION-NOTICE OF.-If facts showing a want of jurisdiction of the subject matter of the suit appear upon the face of the record, the nullity of the judgment will be taken notice of by any court, and at any time. (Higgins v. Bordages, 770.)

2. APPELLATE PROCEDURE.-AN APPEAL MAY BE PROSECUTED FROM AN ORDER REFUSING TO VACATE A JUDGMENT where there is no other method in which the right of the appellant to the relief sought by him can be presented to the appellate court, and the facts on account of which he bases his claim to relief do not appear from an inspection of the judgment-roll. (De La Montanya v. De La Montanya, 165.)

3. APPEAL-CONTINUANCE - NONREVIEWABLE ORDER. The granting or refusal of an application for a continuance is discretionary with the trial court, and not revisable on appeal. (Wimberly v. Windham, 70.)

4. APPEAL-SETTING ASIDE SUBMISSION-NONREVIEWABLE ORDER.-It is within the discretion of the court, after a cause has been submitted for final decree on the pleadings and proof, either to grant or to deny an application to set aside the order of submission, for the purpose of allowing new evidence to be introduced, whether upon a sufficient showing or not, but, in any event, the court's ruling thereon is not revisable on appeal. (Yeend v. Weeks, 50.)

5. PRACTICE-BILL OF EXCEPTIONS.-A paper claimed to be the identical paper given in evidence at the trial, which is attached to the bill of exceptions only by being pasted between the pasteboard back and the stenographer's report, in which position it was held with sufficient tenacity to retain its place, but which was not made or identified as an exhibit by anyone, cannot be treated as a part of the bill of exceptions. (Railroad Co. v. Mackey, 641.)

6. APPEAL-EXCEPTIONS-MISCONDUCT OF COUNSEL.In order to save any question in relation to the misconduct of counsel during the progress of the trial, the court must be called upon to correct the injury done; if the court refuses to do so, the injured party may then except, and thus save the question involved for the consideration of the appellate court. (Chicago etc. R. R. Co. v. Champion, 357.)

7. PRACTICE-ERRONEOUS RULING ON DEMURRER.-If, by a ruling on demurrer, the plaintiff is compelled to proceed to trial on an amended complaint, he has the right to insist upon appeal that such ruling was erroneous and to have the judgment reversed on account of it, unless it affirmatively appears that he was not prejudiced by the action of the trial court. (Chestnut v. Tyson, 101.)

8. APPEAL-OBJECTIONS TO EVIDENCE MUST BE SPECIFIC.-An objection to the admissibility of evidence should be specific, especially to raise any question on appeal. (Chicago etc. R. R. Co. v. Champion, 357.)

9. EVIDENCE-OBJECTIONS TO.-A proper question to which offered evidence would be responsive is essential to enable appellant to raise any question upon its admissibility. (Gray v. Elzroth, 400.) 10. APPEAL - INCOMPETENT EVIDENCE MOTION TO STRIKE.-If testimony is partly competent and partly incompetent, a motion must be made, and acted upon, to strike out the incompeAM. ST. REP., VOL. LIII.

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