IMPROVEMENTS. Liens, see Mechanics' Liens. Heydecker's Gen. Laws, p. 279, c. 5) § 102, hel not a partition thereof within section 7, a the only interest acquired by an Indian in th Public improvements, see Municipal Corpora- land allotted him is the right of occupancy and tions, 88 278-516. IMPUTED NEGLIGENCE. See Negligence, §§ 95, 96. INADEQUATE DAMAGES. See Damages, § 130. INCOME. From life estate, see Life Estates, § 15. INCOMPETENT PERSONS. See Insane Persons. INDEMNITY. See Guaranty; Principal and Surety. Statute of frauds as affecting agreement to indemnify guarantors of debt incurred by another for accommodation of indemnitor, see Frauds, Statute of, § 21. 1. Defendant's agreement, made to induce plaintiff to buy stock, held only to indemnify plaintiff against loss in buying the stock, and not to repurchase it on demand.-Norris v. Reynolds (Sup.) 106. § 11. No recovery can be had on a contract to indemnify and save harmless until actual damage is sustained.-Norris v. Reynolds (Sup.) 106. § 11. Plaintiff held not entitled to bring an action against defendant on his guaranty to indemnify plaintiff against loss in purchasing stock until it appeared, after the lapse of a reasonable time, that the stock or the property right attached thereto, had become partially worthless.-Norris v. Reynolds (Sup.) 106. INDEMNITY INSURANCE. See Insurance, §§ 430, 513, 665. INDEPENDENT CONTRACTORS. See Master and Servant, §§ 318, 322. INDIANS. § 10. Indian Law (1 Heydecker's Gen. Laws, p. 250, c. 5) § 2, authorizing an Indian to take, hold and convey real estate, held to extend only to lands outside of tribal lands.-Terrance v. Crowley (Sup.) 417. § 10. Indian lands within reservations held not subject to state laws so long as the Indian title is not extinguished and the Indians maintain their tribal relations.-Terrance v. Crowley (Sup.) 417. § 13. An allotment on the St. Regis reservation to an Indian pursuant to Indian Law (1 the ownership of the improvements.-TerraLe v. Crowley (Sup.) 417. INDICTMENT AND INFORMATION. Indictment for bookmaking, see Gaming, § 87. VI. JOINDER OF PARTIES, OFFENSES, $131. Where the grand jury had jurisdiction of a felony charged, its jurisdiction was not affected by the fact that the same acts as constituted a misdemeanor; and, under Code Cr. Proc. § 279, it could charge the different crimes in different counts of the indictmentPeople v. Foster (Sup.) 530. VIII. AMENDMENT. § 159. Under Code Cr. Proc. § 293, an indictment charging one with abandoning his cut shelter for the child, may be amended as to time. and omitting to furnish necessary food and People v. Lewis (Sup.) 893. § 160. The court may in its discretion allow an amendment to an indictment as to time either at the opening of the trial, relying on the statement of the district attorney as to what the proof will be, or it may wait until the s crepancy as to date has been developed by the proof.-People v. Lewis (Sup.) 893. IX. ISSUES, PROOF, AND VARIANCE. § 176. A variance between the indictment and the proof respecting the date on which a crime was committed is immaterial unless time is a necessary ingredient of the offense.-People v. Lewis (Sup.) 893. INFANTS. See Parent and Child. Disability of infancy affecting limitations, see Limitation of Actions, § 72. Right of sureties agreeing to pay expenses of infant to raise defense of infancy, see Principal and Surety, § 83. IV. CONTRACTS. $$ 52, 57, 58. An infant's note is voidable. and may be affirmed after the infant becomes of age, or repudiated within a reasonable time before or after that event.-Darlington v. Hami ton Bank of New York City (Sup.) 678. § 58. What constitutes a reasonable time within which an infant must repudiate a contract made during minority depends on the cir cumstances of the case.-Darlington v. Hamil ton Bank of New York City (Sup.) 678. § 58. An infant's delay of four months after becoming of age in repudiating a note given during minority held not unreasonable.-Darlington v. Hamilton Bank of New York City (Sup.) 678. VII. ACTIONS. 883. A guardian ad litem cannot be allowed compensation beyond the taxable costs, including additional allowances authorized by statute.-Walbridge v. Walbridge (Sup.) 239. § 84. A guardian ad litem cannot make any contract which would dispose of or create a lien upon the infant's cause of action or the proceeds thereof without the court's approval, so that an agreement by a guardian ad litem without the court's approval to pay the attorney prosecuting the action a percentage of the recovery was illegal.-In re Hart (Sup.) 193. INFERIOR COURTS. See Courts, §§ 188-190. INFORMATION. (G) PERSONAL RIGHTS AND DUTIES. § 101. In an action to enjoin labor lodges and their members from unlawfully picketing plaintiff's factory and for damages, plaintiff held entitled to an injunction and to recover for legal services and other expenses incurred.Jones v. Maher (Sup.) 180. (H) CRIMINAL ACTS, CONSPIRACIES, AND PROSECUTIONS. forcement of the criminal laws, nor prevent an § 105. The court will not restrain the enarrest, even though the party charged with an offense asserts his innocence.-Colby v. Bingham (Sup.) 705. III. ACTIONS FOR INJUNCTIONS. 109. In an action against a trade union lodge and others to enjoin interference with plaintiff and its business, an answer held not to state a defense.-New York Central Iron Works Criminal accusation, see Indictment and In- Co. v. Brennan (Sup.) 457. formation. INHERITANCE. See Descent and Distribution. INHERITANCE TAX. See Taxation, §§ 865-900. INJUNCTION. Relief against particular acts or proceedings. Revocation of license of picture show, see Suit in another state, see Courts, § 516. I. NATURE AND GROUNDS IN GEN ERAL. (B) GROUNDS OF RELIEF. § 16. Grantors of land reserving a right of action for injuries to the land held not entitled to enjoin a settlement of such right of action by the grantee.-Anderson v. New York & H. R. Co. (Sup.) 954. $22. Injunction denied, where the wrong intended to be prevented has already been con mitted.-Red Raven Social Club v. Bingham (Sup.) 709. II. SUBJECTS OF PROTECTION AND § 128. That defendant street railroads undertook under cover of night to lay tracks held proof that they then supposed they had no lawful right to tear up the street, and believed that they were laying an unauthorized extension.-Village of Waverly v. Waverly, S. & A. Traction Co. (Sup.) 1074. IV. PRELIMINARY AND INTERLOCU- (A) GROUNDS AND PROCEEDINGS TO § 154. On a motion for an injunction to prevent a police commissioner and captain from pursuing a certain course of conduct, defendants claiming that the remedy, if any, was by a criminal prosecution against them for oppression, under Pen. Code, § 556, the injunction was denied, that a test might be made of the adequacy of the suggested remedy, with leave to renew the motion, if such criminal prosecution should fail to afford the desired redress.-Colby v. Bingham (Sup.) 705. IN PAIS. Estoppel, see Estoppel, §§ 58-88. INSANE PERSONS. Change of venue of trial to determine present III. GUARDIANSHIP. $ 41. Widow, while acting as committee of incompetent husband, held not entitled, on his death, to compensation for personal care during (A) ACTIONS AND OTHER LEGAL PRO- the last three years of his life.-In re Goff (Sup.) CEEDINGS. § 26. Where a tenant sued to cancel the lease, claiming it was induced by fraud, held, that he was entitled to have an action by the landlord for rent stayed until determination of his action.-Van Riempst v. Weiher (Sup.) 218. 650. INSOLVENCY. See Bankruptcy. Of bank, see Banks and Banking, § 73. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER INSPECTION. Of writings, see Discovery, § 84. INSTRUCTIONS. In civil actions, see Trial, § 253. INSURANCE. Act limiting amount of business which a domes- I. CONTROL AND REGULATION IN Denial of equal protection of laws, see Consti- § 16. Telegraphic negotiations between de- 817. A foreign insurance company engaged II. INSURANCE COMPANIES. (A) STOCK COMPANIES. 36. Life insurance company held to have § 36. Whether an investment by an insur- $ 36. Insurance company held estopped from (B) MUTUAL COMPANIES. § 55. A policy holder of a domestic stock life V. THE CONTRACT IN GENERAL. (A) NATURE, REQUISITES, AND VALIDITY. $137. A stipulation in a life policy held to and agreement to issue the policy and the time (B) CONSTRUCTION AND OPERATION. § 146. Insured's answers in his application § 156. A contract for life insurance involves § 164. A fire policy covering merchandise the § 175. An insurance policy held a Massachu- VI. PREMIUMS, DUES, AND ASSESS- MENTS. Avoidance of note given to insurance agent for IX. AVOIDANCE OF POLICY FOR MIS- (C) MATTERS RELATING TO PERSON § 291. Reference to previous application is § 291. Statement on examination of appli § 292. In an action on a life policy, insured's XI. ESTOPPEL, WAIVER, OR AGREE- rejected by another company, cannot rely upon XII. RISKS AND CAUSES OF LOSS. $430. A surety company contracting to make XIII. EXTENT OF LOSS AND LIA- (C) GUARANTY AND INDEMNITY 513. Where insured in a liability policy in- (D) LIFE INSURANCE. § 521. A life policy construed, and held not XVI. RIGHT TO PROCEEDS. its nondelivery.-Schmerler v. Barasch (Sup.) 645. In an action on a contractor's liabili- § 648. In an action on a life policy, an ap- $665. The evidence held insufficient to au- § 665. The company held not entitled to avoid § 665. In an action on a liability policy, evi- § 668. Whether the examining physician cor- § 668. In an action on a liability policy, XX. MUTUAL BENEFIT INSURANCE. § 719. An amendment to the by-laws of a Mistake as ground for rescission of release, see benefit society, depriving female members of XVIII ACTIONS ON POLICIES. Transitory nature of action, see Courts, § 7. § 622. An action on a liability policy issued § 622. Under Code Civ. Proc. § 414, a lia- § 624. Where plaintiff insured a watch, which For cases in Dec. Dig. & Amer. Digs. 1907 to date their prior right to sick benefits, held not bind- INTENT. Criminal, see Criminal Law, § 42. INTEREST. Effect as to credibility of witness, see Witness- On award in condemnation proceedings, see Em- I. RIGHTS AND LIABILITIES IN § 1. Where interest is not provided for by & Indexes see same topic & section (§) NUMBER INTERLOCUTORY INJUNCTION. See Injunction, § 154. INTERLOCUTORY JUDGMENT. Review on appeal, see Appeal, § 875. INTERPRETATION. Of contracts, instruments or judicial acts and proceedings. See Bills and Notes, §§ 132-134; Bonds, § 64; Contracts, 88 147-221; Covenants, § 69; Deeds, $$ 93-140; Guaranty, § 43; Indemnity, § 11; Wills, 88 441-684. Bill of lading, see Carriers, § 51. Contract for sale of realty, see Vendor and Purchaser, § 79. Insurance policy, see Insurance, §§ 146-175. Lease, see Landlord and Tenant, §§ 38, 48. INTERROGATORIES. To witnesses, see Depositions. INTERURBAN RAILROADS. See Street Railroads, § 28. INTESTACY. See Descent and Distribution. INTOXICATING LIQUORS. IV. LICENSES AND TAXES. 8 97. Under section 25 of the liquor tax law (Laws 1896, p. 67, c. 112, as amended by Laws 1897, p. 225, c. 312, § 17), one surrendering his certificate after the conviction of his employé of a violation of the liquor law held not entitled to a rebate.-People v. Clement (Sup.) 1098. § 106. It is no defense to a proceeding to revoke a liquor certificate that it was surrendered before the discovery of a violation of the law and the commencement of the proceeding.-In re Clement (Sup.) 1070. INVESTMENT. Authority of insurance company to invest in bank stock, see Insurance, § 36. ISSUES. In civil actions, see Pleading, § 376. Presented for review on appeal, see Appeal, §§ 169, 171. JOINDER. Of causes of action, see Action, § 47. (A) REQUISITES AND VALIDITY. § 103. A party should always be prepared to try his case when it is reached on the calendar, so as not to suffer a default; and the party who conforms to court rules as to the time of trial should be protected against one who disregards them.-Salkind v. Levy (City Ct.) 581. § 126. Where the minutes taken on an inquest failed to show a cause of action against the defendant, his default should be opened.-Anglo-American Authors' Ass'n v. Slutsky (Sup.) 31. tained, where there was no proof of plaintiff's § 126. A default judgment should not be susright to sue on the contract, to which he was not a party.-Anglo-American Authors' Ass'n v. Slutsky (Sup.) 31. (B) OPENING OR SETTING ASIDE In municipal court, see Courts, § 189. § 138. Default judgment against defendant corporation will be reversed; the person served with summons not being a director or officer of, or authorized to accept service for, the corporation, and it having appeared only specially to have judgment set aside.-Newmark v. Horowitz Bros. (Sup.) 564. $143. Plaintiff, whose case was twice dismissed for his failure to appear for trial, held not entitled to have a default, entered upon the Of offenses in indictment, see Indictment and second dismissal, vacated under Code Civ. Proc. Information, § 131. § 724, authorizing relief against a judgment |