Averment of scienter.........

Nol. pros. after jury sworn, for new indictment.......

If bad, no legal jeopardy.

Joint, against two for obscenity, bad..

64

64

687

..687

107

INTERPRETATION.

What is a privilege in the sense of the revenue laws.............

120

When no bar to suit on same cause of action......

72

Effect of acquiescence in fraudulent judgment....

59

Against maker by default and endorser upon verdict, for debt and

Of county court in secting aside sales after confirmation.........369

JUSTICE OF THE PEACE.

Cannot be elected for a less term than six years.

When mechanic's right of action is against mortgagee....
No lien for machinery furnished..............

.....125

...268

LIMITATIONS.

As to claim to land based upon resulting trust implied............

242

When possession under entry protected....

.329

As to legacies and distributive shares.....

...157

Time per se no bar to inquiry into maladministration of express

trusts...

......158

LIQUIDATING Partner.

Authority to bind firm after dissolution......

...508

Effect of note executed by, upon account against firm...........509

LOAN.

For gaming purposes

.553

MACHINERY.

When furnished for factory. No lien upon building for..........................268

Does not avail in Supreme Court after judgment pro confesso....596

Rejection of cumulative evidence, when ground for............. 72
Evidence of irrelevant conversations of prisoner.................... .... 86
When verdict not the result of deliberate judgment........
Declarations of counsel..

..302

.......682

Interrogations of witness by the Court upon new matter, upon return of jury for explanation of testimony......

NON EST FACTUM.

Evidence upon plea of......

NOTES FOR SPECIFIC ARTICLES.

Effect of assignment.

...524

..459

46

NOTICE.

By security upon application for counter security..
Want of, in suit upon property contract, how pleaded........
To defendant in possession of land levied upon.....
Of protest, how proven

NUISANCE.

....

39

..145

.221

..548

..347

.298

OFFICIAL MISCONDUCT.

Grand juror not indictable for failure to make presentment............. 26

Authority of liquidating partner to bind firm after dissolution....508

Upon-proceeding to enforce vendor's lien when heirs to be made

Verdict good if substantially responsive to issue....
Counterpart of writ in suit upon negotiable note
Pleas in propria persona...

17

..669

..669

PLEADING-Continued.

In suit against officer for levying on property exempt...........659
In action by tenants in common for injuries to land, all must join. 128
Non-joinder only to be taken advantage of by plea in abatement.128
In motions in the name of chairman of county court where the

acting chairman is a party defendant..

.438

Sale of land not champertous when defendant in possession......466

In rendering judgment in suits upon negotiable instruments......548

In the trial of issue out of chancery...

Charge of Court as to facts......

.252

.340

77

72

59

42

Bill of exceptions filed out of term time......
When former judgment no bar to another suit.....
Effect of acquiescence in improper judgment......
Dismissal for want of security for costs....
When trespass and case concurrent remedies......
Objection by partner that other partners were not parties........595
Effect of abatement upon appeal from chancery court........ ....208
As to recovery of forfeiture against witness......

20

1

Effect of improper interrogation of witness by the Court........ .524
Remedy of tenants in common against each other......

.484