INDEX TO THE NOTES. ABSENTEES, jurisdiction to render personal judgment against, 179-191 telegram does not authorize, 36. ATTORNEYS, insolvency of, does not entitle party to relief from judgment due to their negligence, 450. negligence of, cannot constitute any ground for relief in equity against a judgment, 449. ATTORNEYS' FEES, statutes imposing, when unconstitutional, 873. BANKS, check, whether operates as an assignment before presentment, 874. setoff against deposit, right of, 414. surety on note to, whether released by allowing the principal to draw out moneys on deposit, 414. BOARDS OF TRADE, power of courts to supervise decisions of, in expelling members, 319. BOUNDARIES, parol agreements to establish, 491. CARRIERS, are insurers against what losses, 399. contracts limiting liability, burden of proof, 399. freight, when earned by, 390. CHARACTER of the defendant, evidence of in criminal prosecutions, 100. CHILDREN, bequest to, when includes grandchildren, 456. contributory negligence of, 647, 648. minor, nonresident, when subject to the jurisdiction of the courts of the state, 184, 185. street railways, neglect by, of duties to, 678. CONSTITUTIONAL LAW, attorneys' fees, statutes imposing on specified classes of litigants, 627. notice of proceedings to impose street assessments, whether must be given, 838. CONTRACTS, place of performance of contract of support, 657. rescission, consideration, return of, whether essential to, 354. CORPORATIONS, contracts of in reference to objects which they are not authorized to secure, 789. domicile of, 238. estoppel against denying the authority of their officers, 908. foreign, jurisdiction over when doing business within the state, 182, incidental powers of, what are, 789. meetings, holdings of in another state, 238. powers of, express and implied, 789. president, authority of, 908. promoters, terms upon which may deal with, 919. trust fund for creditors, property of, to what extent constitutes, 908. COTENANCY, adverse possession by one of the cotenants, 812. for quiet enjoyment, breach of by the entry of the covenantor, 120. for quiet enjoyment, does not apply to wrongful acts of third per- for quiet enjoyment, effect and scope of, 114. for quiet enjoyment, eviction constituting a breach of, may be actual or constructive, 115. for quiet enjoyment, eviction constituting a breach of need not be by process of law, 118, 119. for quiet enjoyment, eviction sufficient to constitute a breach of, 115. for quiet enjoyment, existence of encumbrance does not constitute a breach of, 119. for quiet enjoyment, implied in leases, 113, 114. for quiet enjoyment, improvements, whether value of may be recovered on breach of, 117. for quiet enjoyment in conveyances, breach of, what constitutes, 118, 119. for quiet enjoyment in conveyances, when broken, 119, 120. for quiet enjoyment is equivalent to a covenant of general warranty, 118. for quiet enjoyment, measure of damages for breach of, 116, 117, 120. for quiet enjoyment, premises then being in the possession of third persons, 119. for quiet enjoyment, profits, loss of, whether may be recovered by breach of, 117, 118. for quiet enjoyment runs with the land, 114, 115, 118. for quiet enjoyment, trespasses on the part of the covenantor which do not constitute a breach of, 116. for quiet enjoyment, unlawful acts of third persons do not constitute a breach of, 115, 116. for quiet enjoyment, voluntary surrender of lands by covenantee, 120. for quiet enjoyment, when broken, 114. for quiet enjoyment, when satisfied, 115, 116. for quiet enjoyment, wrongful acts of covenantor which do not constitute a breach of, 116. CRIMINAL LAW, corpus delicti, confessions as evidence of, 716, 725. homicide, threats of the decedent, when admissible in evidence, 889. DAMAGES, death, measure of in actions for, 621. duty of injured person to diminish, 247. exemplary, railway corporations, when liable for, 604, 605. for breach of a contract to furnish machinery, 143. measure of, on breach of covenant for quiet enjoyment, 116, 117, 120. profits, loss of, whether recoverable on breach of covenant for quiet enjoyment, 117, 118. profits, prospective as elements of, 143. DEED, acceptance of, when presumed, 545, 546. acceptance of, presumption is against where it imposes a burden, 546. delivery of, conditional, 540. delivery of, crucial tests of, 543. delivery of, instances of insufficient, 543. delivery of, instances of sufficient, 542. delivery of, manual is not effective where there is no intention to deliver, 540, 542. delivery of, acceptance by grantee who did not know of delivery, when takes effect, 553. delivery of, acceptance of, when presumed, 545, 546. delivery of, acceptance while essential need not be express, 545. delivery of, acknowledgment as evidence of, 548. delivery of, acts of the parties as tending to prove, 544. delivery of, after the grantor's death is unavailing, 554, 555. delivery of, assignment for the benefit of creditors, presumption as to their consent to, 546. delivery of, by leaving in the possession of an officer taking an aoknowledgment, 540, 541. delivery of, by mail, when becomes effective, 550. delivery of, by one of the grantors without the consent of the other, 539. delivery of, by person having no authority, 539. delivery of cannot be partial, 538. delivery of, conditioned to take effect upon the happening of a sub sequent event, 550. delivery of, consent of a trustee, when presumed, 547. delivery of, consent of the grantee is essential to, 544, delivery of, consent of the grantor is essential to, 538, 539. delivery of, constructive, 541. delivery of, dissent of the grantee is fatal and may be established by parol evidence, 545. delivery of, illustrations of insufficient, 550, 551. delivery of, in escrow, 555, 556. delivery of, in escrow to the grantee, 556. delivery of, intent to effect, when may be implied from circumstances, 546. delivery of, intention of the grantor is the controlling element of, 539, 544. delivery of, is not accomplished by bequeathing to the grantee chest in which the deed is, 554. delivery of, leaving in a place accessible to the grantee is not, 555. delivery of, may be effected by words without acts or by acts without words, 541. delivery of, must include the parting by the grantor of all dominion and control over, 51, 542. delivery of, need not be made to grantee in person, 552. delivery of, no particular form is required, 541. delivery of, presumption of acceptance by the grantee, 545, 546. delivery of, question of must be submitted to the jury, 547. delivery of, record as evidence of, in favor of infant grantee, 548. DEED, delivery of, recording of, when equivalent to, 549. delivery of, recording of, without the grantee's knowledge, 548. delivery of, requires an intent on the part of the maker that it shall take effect, 538-544. delivery of, retention of possession by the grantor, when inconsistent with, 543. delivery of, retention of possession, when not inconsistent with, 543, 544. delivery of, signing and leaving on a table is not sufficient evidence of, 537. delivery of, testimony of the grantor as to his intention, 544. delivery of, to agent of the grantee, 540. delivery of, to another than the grantee, 540. delivery of, to infants and other incompetent persons, 546. delivery of, to third person, for use of the grantee, 552. delivery of, to third person, to be given to the grantee upon the grantor's death, 553. delivery of, to third person where grantor reserves the right to recall it in his lifetime, 554. delivery of, to the beneficiary is sufficient, though he is not named as a grantee, 540. delivery of, to the grantee need not be manual, 539. delivery of, unauthorized may be ratified, 539. delivery of, what constitutes, 537, 541. delivery of, when complete, 539, 544. delivery of, when presumed, 545, 546. delivery of, without the consent of the grantor, 538. delivery, sufficient and insufficient, illustrations of, 542, 543. delivery, to one of several grantees, 540. recording with intent that it shall operate as a delivery, 549. recording without delivery, 538. takes effect only from the time of its delivery, 538. DEFINITION, of act of God, 339. of assault, 357. of contract of insurance, 925. of deed, 556. of delivery of a deed, 537. of innuendo as this term is used respecting actions for slander and libel, 698. of negligence, 945. of proximate cause, 621. of the police power, 572. of watercourses, 272. of writ of prohibition, 491. DIVORCE, alimony and counsel fees, personal judgment, when not bind. ing on nonresidents, 184. both parties being nonresidents, is void, 182. collusive change of domicile to procure, 182. estoppel to deny validity of, 183. not recognized by the laws of the defendant's domicile, 183. personal judgments in suits for, when not binding on nonresidents, 184. property rights of nonresident, whether may be affected by, 184, 185. EQUITY, judgments, relief from, when will be denied because of the negligence of the complainant in not making his defense in the original action, 444-453. EVICTION, to constitute a breach of a covenant for quiet enjoyment, 118, 119. trespasses on the part of the landlord which do not constitute a, 117. EVIDENCE, analysis of liquors, 383. burden of proof where writings appear to have been altered, 86. confessions, corpus delicto, proof of, whether necessary when there has been a confession, 27. confessions, duty of court to determine admissibility of, 26. confessions, involuntary, what are, 26. confessions, when admissible, 26. illegally obtained is admissible, 383. in actions of libel and slander as to meaning and application of words used, 698-700. of experiments, 375–385. EXECUTORS AND ADMINISTRATORS, torts and illegal acts of, the estate is not liable for, 353. EXPERIMENTS before the jury for the purpose of determining a disputed fact, 376, 377. compelling making of, by person accused of crime, 378, 379. compelling witness or other person to write in the presence of the court or jury, 379. conditions under which must take place, 375, 376. criminal cases, footprints, evidence of measurement of, 883. discretion of court in admitting or excluding evidence of, 375. discretion of court in admitting or rejecting evidence of, in criminal cases, 384, 385. discretion of court in permitting in the presence of the jury, 377. error of court in rejecting evidence of, 375. evidence of, in criminal cases, 382. evidence of, is not admissible where the conditions are not similar, 381, 382. evidence of, may be admitted, when, 376. evidence of, preliminary showing necessary to warrant admission of, 377. ex parte, admissibility and weight of, 377. jurors are not permitted to make themselves, 377, 378. new trial, granting because of experiments conducted by the jury, 378. outside of the issues should not be permitted, 382. principle upon which a thing or machine works may be shown to the jury, 380. to show the effect of the firing of a pistol at a close distance, 382. FISHERIES, state control and regulation of, 293. FRAUD in acquiring jurisdiction over nonresidents, 182. FRAUDULENT CONVEYANCE, declarations of grantor, when admissible against grantee, 223. FRAUDULENT TRANSFERS are valid between the parties, 62. creditors, contingent, are deemed to be, 63. creditors, who are entitled to attack, 62, 63. |