INDEX.

467

ABATEMENT..

CAUSES OF:

Generally, 1; Pendency of another action, 1; Defect of parties, 2; Death and
resignation, 2; Transfer of cause of action, 3; Other matters, 3.

PRACTICE IN, 3.

EFFECT OF SUSTAINING PLEA, 4.

ABDUCTION - See CRIMINAL LAW, 356.

ABORTION · - See CRIMINAL Law, 351.

ABSENCE - See EVIDENCE, 444.

ACCEPTANCE- See BILLS AND NOTES; CONTRACTS; CONVEYANCE; SALES.
ACCESSORY-See CRIMINAL LAW, 353, 363.

ACCORD AND SATISFACTION

ACCOUNT....

ACKNOWLEDGMENT....

WHO MAY TAKE ACKNOWLEDGment, 7.

WHO MAY MAKE ACKNOWLEDgment, 7.
DEFECTIVE ACKNOWLEDGMENT, 8.

SUFFICIENCY AND EFFECT OF CERTIFICATE, 9.

ACQUITTAL-See CRIMINAL LAW, 317.

ACTS-See STATUTES, 1039.

ACTION......

GENERAL PRINCIPLES, 11.

SPECIFIC CAUSES OF ACTION, 12.

ACTION OF RIGHT.

WHEN IT WILL LIE, 17.

RIGHT AND EXTent of Recovery, 18.

DEFENSES, 18.

Generally, 18; Claims for Improvement, 19.

PARTIES, 19.

PLEADING AND EVIDENCE, 19.

Pleading, 19; Evidence, 20.

Verdict and Judgment, 20.

ADJOURNMENT-Of Courts; Judicial Sales; Justices' Courts, see their respective

titles.

ADJUDICATION - See ARBITRATION AND AWARD, 66; Judgment and DecREE, 635.

ADMEASUREMENT OF DOWER-See DOWER, 410.

ADMINISTRATOR - See EXECUTORS AND ADMINISTRATORS, 507.

ADMIRALTY - See JURISDICTION, 674.

ADMISSIONS - See EVIDENCE, 459.

AD QUOD DAMNUM..

20

11

17

1

AGREEMENT-See CONTRACTS, 207; CONVEYANCE, 245; ATTORNEY AND CLient, 107;

SALES OF PERSONAL PROPERTY, 1008, VENDOR ANd Vendee.

(1) From justice's and mayor's court: In what cases appeals lie, 36; Who
may appeal, 37; When and how appeal may be taken and perfected, 37;
The pleading, issues and trial in the appellate court, 40.

(2) From the county court, county commissioners, and board of supervisors: In
what cases it will lie, 44; The allowance of the appeal, 46; The appeal
bond, 47.

(3) In special proceedings, 48.

TO THE SUPREME COURT, 49.

In what cases an appeal lies, 49; Who may appeal, 51; How and when taken:
(1) Notice of appeal, 52; (2) Bonds and Supersedeas, 54. The trial on
appeal: (1) The record, 55; (2) Assignment of error, 57; (3) Methods of
trial, etc., 58. Decision, judgment and execution, 60; Miscellaneous matters, 62.

ARRAY-See CRIMINAL LAW, 297; Jury, 683.

ARREST See OFFICE AND OFFICER, 840.

ARREST OF JUDGMENT See NEW TRIAL IN CRIMINAL CASES, 826.

ARSON-See CRIMINAL LAW, 306, 352.

ASSAULT AND BATTERY.

.305, 346, 353, 472

ASSESSMENT - ASSESSOR-See DAMAGES, 373; PRACTICE, 919; TAXES.
ASSETS See EXECUTORS AND ADMINISTRATORS, 513; PARTNERSHIP, 865.
ASSIGNMENT

......

ASSIGNMENTS GENERALLY, 71.

What is assignable, 71; Who may make and receive an assignment, 72; How
made, 72; Effect of assignment, 73; Parties to action on assigned contract,
77; Pleadings and evidence in such actions, 78; Miscellaneous propo-
sitions, 79.

ASSIGNMENT FOR BENEFIT OF CREDITORS, 80.

General principles, 80; General assignments, 81; Partial assignments and
conveyances made for the payment of debts, 83; Of the assignee or trustee,
84; Evidence in actions relative to assignments, 84.
ASSIGNMENT OF ERROR-See APPEAL, 57; PRACTICE, 951.

ATTACHMENT........

CAUSES FOR, AND THE PROCEEDINGS GENERALLY, 85.

JURISDICTION OF THE COURTS IN ATTACHMENT, 90.

PLEADINGS AND ISSUES IN ATTACHMENT PROCEEDINGS, 92.

ATTACHMENT AND DELIVERY BONDS, 94.

Attachment bonds: (1) Execution of, 94; (2) Amendment of, 95; (3) Action on,
95. Delivery Bonds, 96.

OF THE WRIT AND PROCEEDINGS THEREUNDER, 97.

EVIDENCE IN ATTACHMENT CASES AND IN ACTIONS ON BONDS, 100.

PRACTICE IN ATTACHMENT CASES, 101.

ATTESTATION - See CONTRACTS; EVIDENCE; WILL.

ATTORNEY AND CLIENT.....

THE VOCATION, 103.

General principles, 103; Suspension of attorney, 104.
THE RELATION With Client, 104.

Attorney's authority, 104; Proof of authority, 105; Unauthorized appearance,
106; Privileged communications, 107; Compensation and agreements in
relation thereto, 107.

AUCTION.....

AUTHENTICATION — See ACKNOWLEDGEMent of Deeds, 9; Evidence, 467.
AWARD See ARBITRATION AND AWARD, 66.

BAGGAGE-See COMMON CARRier, 172; Innkeeper, 604; Railroad, 993.
BAIL AND BAIL BOND.....

WHO MAY BE ADMITTED TO BAIL, 109.

VALIDITY OF BAIL BOND, 110.

CONSTRUCTION AND EFFECT, 111.

FORFEITURE, 111.

LIABILITY OF OBLIGOR, 112.

BAILMENT...

BANKRUPTCY..

114
116

BANKS AND BANK NOTES..

117

BARGAIN AND SALE-See SALES OF PERSONAL PROPERTY, 1008; CONTRACTS,

221; VENDOR AND VENDEE.

BASTARDY PROCEEDINGS.

119

BEQUESTS-See WILLS.

BETTING-See WAGER; CRIMINAL LAW, 308; BILLS, NOTES AND CHECKS, 122, 127;
CONTRACTS, 236.

BIGAMY-See CRIMINAL LAW, 306, 346.

BILL IN EQUITY - See PLEADING, 912.

BILL OF EXCHANGE-See BILLS. NOTES AND CHECKS, 121.

VOL. 2.-140

121

BILLS OF EXCEPTIONS-See EXCEPTIONS AND BILLS OF EXCEPTIONS, 494.

BILLS, NOTES AND CHECKS...

NATURE AND REQUISITES IN GENERAL, 122.

Form, interpretation and effect, 122; Parties, 124; Consideration, 126.

TRANSFER OF BILLS, NOTES AND CHECKS, 128.

In general, 128; What instruments are negotiable, 129; Of indorsements,
130; Of assignment, 133; Of possession as showing title, 134.

DEMAND, 135.

In general, 135; Of days of grace, 136; What demand is sufficient as against
drawer or indorser, 136.

NOTICE OF PROTEST, 137.

In general, 137; Certificate of notary, 138.
WHAT WILL EXCUSE DEMAND AND NOTICE, 139.

RIGHTS OF HOLDER IN GOOD FAITH AND FOR VALUE, 140.

The protection given to one who takes negotiable paper in good faith, before
maturity and for value, 140; Of transfer of negotiable paper after maturity, 143.

LAW OF PLACE, 145.

LOST PAPER, 145.
OF INTEREST, 145.

OF GUARANTY, 146.

Generally, 146; The relation and liability of guarantor under the statute, 146;
the relation and liability of guarantor under rules of common law, 147.
NOTES, PAYABLE IN PROPERTY, 149.

DEFENSES, 151.

In general, 151; Payment, 154; Set-off, 155; Failure of consideration, 156.
BILL OF REVIEW.

BILL OF SALE - See SALES OF PERSONAL PROPERTY.

-

BOARD OF CANVASSERS-See ELECTIONS, 415.

BOARD OF EDUCATION - See CONSTITUTIONAL LAW, 197; SCHOOLS, 1019.
BOARD OF SUPERVISORS

See COUNTY, 276.

157

BOATS AND VESSELS

BOND

VALIDITY, 160.

INTERPRETATION AND EFFECT, 161.

LIABILITY OF OBLIGOR, 162.

BOOKS OF ACCOUNTS-See EVIDENCE, 469.

BOUNDARIES AND SURVEYS..

BOUNTY.. . . . .

BREACH OF PROMISE OF MARRIAGE-See MARRIAGE, 728.

BREACH OF THE PEACE - See CRIMINAL LAW, 370.

BRIDGES.....

BURDEN OF PROOF- See EVIDENCE, 445-448.

157
160

163, 251

164

164, 272, 566

CATTLE RUNNING AT LARGE-See ANIMALS, 35; RAILROAD, 989; TRESPASS;

FENCES, 523.

CAUSE OF ACTION - See ACTION, 11.

166

CAVEAT EMPTOR- See SALES OF PERSONAL PROPERTY; JUDICIAL SALES, 663, 664.
CEMETERIES.

167

CENSUS....

167

CERTIFICATE OF ACKNOWLEDGMENT -See ACKNOWLEDGMENT, 7.

CERTIFICATE OF DEPOSIT- See BANKS AND BANK NOTES, 117.

CERTIFICATE OF ELECTION - See ELECTION, 414.
CERTIFICATES, OFFICIAL-See EVIDENCE, 468.

CERTIFICATE OF ENTRY-See PUBLIC LANDS, 974; EVIDENCE, 468.
CERTIORARI...

167

WHEN THE PROCEEDINGS WILL LIE, 167; GENERALLY, 167; PARTICULAR
INSTANCES, 167.

JURISDICTION IN, 169.

THE APPLICATION, TRIAL AND JUDGMENT, 169; THE APPLICATION, 189; THE
RETURN OF PROCEEDINGS THEREON, 169; THE Judgment, 169.

CESTUI QUE TRUST - See TRUSTS AND TRUSTEES; MORTGAGE AND DEED OF
TRUST, 766.

CHALLENGE OF JUROR ...

683

170

IN CRIMINAL CASES, 324.

CHAMPERTY AND MAINTENANCE....

CHANCERY-See EQUITY, 417.

CHANGE OF VENUE-See VENUE.

CHARACTER-See EVIDENCE, 489; SLANDER AND LIBEL, 1031; CRIMINAL LAW, 342.
CHARGE OF COURT-See INSTRUCTIONS, 604, 818 and 831.

CHARITY - See TRUSTS AND TRUSTEES; RELIGIOUS SOCIETIES; WILLS.

CHARTER- -See BANKS AND BANK NOTES, 117; CORPORATIONS, 263; MUNICIPAL
CORPORATIONS, 773.

CHATTELS - See PERSONAL PROPERTY, 874; SALES OF PERSONAL PROPERTY, 1008;
FIXTURES, 527.

-

CHATTEL MORTGAGE- See MORTGAGE OF PERSONAL PROPERTY, 770.
CHECKS - See BANKS AND BANK NOTES, 117; BILLS, NOTES AND CHECKS, 121;
PAYMENT, 871.

CHILDSee PARENT AND CHILD, 851; Infant, 593; BastARDY PROCEEDINGS, 119.
CHURCH-See RELIGIOUS SOCIETIES, 999; DEDICATION, 385; TRUSTS AND TRUSTEES.
CIRCUIT COURT — See COURT, 291; CLERK OF DISTRICT AND CIRCUIT COURTS, 171.
CITIZEN- See ALIEN, 24.

CLAIMS AGAINST DECEDENT'S ESTATE See EXECUTORS AND ADMINIS-
TRATORS, 514.

CLERK OF DISTRICT AND CIRCUIT COURTS...
CLIENT-See ATTORNEY AND CLIENT, 103.

CODE

.7, 171, 270, 840

171

See, also, STATUTES, 182, 1039.

COLLATERAL SECURITY-See BILLS, NOTES AND CHECKS, 133, 141.
COLLECTOR-See TAXES AND TAX SALES; COUNTY, 283.

COLOR OF OFFICE - See OFFICE AND OFFICER, 840; QUO WARRANTO, 976.
COLOR OF TITLE- See ADVERSE POSSESSION, 22.

COMMISSION TO TAKE TESTIMONY—See DEPOSITION, 393.

COMMISSION FOR SERVICES-See EXECUTOR AND ADMINISTRATOR, 518;
RECEIVER, 997.

COMMISSIONER — See COUNTY, 276.

COMMON CARRIERS...

GENERAL PRINCIPLES, 172.

RIGHTS AND DUTIES RESPECTING PASSENGERS and Baggage, 172.

172