: INDEX TO THE NOTES. AGREEMENTS, contemporaneous written, 894. parol evidence of circumstances and conduct of parties, 894. subsequent parol, 894. APPELLATE PROCEEDINGS, errors which do not prejudice appellant, 287. struments, 563. preferences prohibited by, 562. preferences which cannot be set aside, 563. BANKS AND BANKING, forged bills, payment of by, 616. forged checks and bills, payment of is at peril of payor, 616. BOUNDARIES, agreement establishing, 592. estoppel to deny correctness of, 592. CARRIERS, act of God and want of diligence, union of, in creating a loss, 863. agreeing to carry within a specified time, 360. delay caused by strikes, riots, and the like, 365. delay caused partly by act of God and partly by fault of carrier, 363, delay in carrying perishable articles, 360. delay, instances where deemed unreasonable, 361. delay, unreasonable, what is, is a question for the jury, 361. delay, what will excuse, 361, 362. delivery, time within which must be made, 360. discrimination against grain delivered at different elevators in the same discrimination against person for refusing exclusive patronage, 651. discrimination against persons on account of race, color, or condition, 651. discrimination by, what forbidden, 647. discrimination in favor of competitive points, 650. discrimination in favor of passengers purchasing tickets at office, 650. discrimination must be just and reasonable, 617. discrimination in favor of large shippers, 649. discrimination in favor of long distances, 650. CARRIERS, discrimination, statute forbidding all, whether constitutional, 649. express companies, discrimination between, 653. measure of damages for delay in transportation, 366. preferences, right of to grant, 648. right to carry for some persons without charge, 365. strike of employees, liability for damages resulting from, 647, 643. convictions for, when void, 256. power of courts to punish is inherent, 213. CRIMINAL LAW, adultery, conviction for, when sustainable, 216. adultery, essentials of statutory crime of, 21. assault, intent necessary to constitute offense of, 835. assault, instances of, 835. assault, what constitutes, 835. conspiracy, declarations of co-conspirators, 229. corpus delicti, proof of, 201. former acquittal or conviction, when a defense, 228. larceny, elements of crime of, 19. murder of two persons when two distinct crimes, 223. negligent homicide, 119. reasonable doubt, what is, 159. seduction, definition of, 829. CROPS, title to growing, in whom vested, 747. CUSTOM AND USAGE, cannot contravene a rule of law, 632 may explain terms in a writing, 632. DAMAGES, exemplary, when reasonable, 65. measure of for carrier's want of diligence, 366. DEFINITION, of jurisdiction, 822. of negligence, 548. of rule in Shelley's case, 100. of seduction, 829. ELECTIONS, ballots cannot be contradicted, 799, 800. ballots constitute best evidence of the will of the voters, 798. ballots, evidence of voter showing for whom he intended to vote, 800. ballots having a written name opposite a printed name, 800. ballots imperfectly sealed up, 799. ballots lose their presumptive purity, when, 798, 799. ballots, preservation and safe-keeping of must be shown, 798. ballots, sealing of boxes, necessity of, 799. ballots, technical inaccuracies in, 799. ballots, when constitute primary evidence, 778. irregularities in conducting, effect of, 776. voters, qualifications of, 777. EMPLOYER AND EMPLOYEE, action by employee against one who procures his discharge, 478. action for inciting actress to leave employment, 476. action for enticing employee to leave employment, contract must be action for enticing servant to leave employment, 476, 478. EQUITY, reformation of deed in, 845. ESTATE, heirs, effect of this word in creating a fee, 100, 101. power of disposition generally creates a fee, 100, 106. EVIDENCE, opinions of witnesses, 466. parol, of contemporaneous agreement, 893. parol, to contradict receipts, 393. parol, to add to, vary, or contradict writing, 395. parol, to show antecedent or contemporaneous agreement, 394. parol, to show what was litigated, 394. EXECUTION, lien of, relates to its date, 716. partnership property, exemption of, 297. EXPRESS COMPANIES, railroads must extend facilities to, 653. railroads, whether may grant exclusive rights to, 653. FRAUD, badges of, 759. burden of proving, 758. burden of proving, when parties occupy fiduciary relations, 780. ignorance of, burden of proving, 758. sufficiency of evidence of, 759. FRAUDULENT Conveyance, evidence of, 757. intent of, when a question of law, and when of fact, 758. HABEAS CORPUS, contempts, convictions for, not reviewable, 255. errors or irregularities cannot be corrected by, 255. HOMESTEAD, alienation or encumbrance of, 45, 46. HUSBAND AND WIFE, alimony, allowance of, after decree of divoros, 856. deed from one to the other, 51. pledge by wife to secure debt due husband, 243. INSURANCE, Concealment of material facts from the insurer, 58. forfeitures, waiver of, 57. other insurance, condition against, 58. proof of loss, waiver of defects in, 72. INSURANCE, LIFE, beneficiaries, assent of, necessary to surrender, 725. beneficiaries, interest of, cannot be defeated by assignment, 722 for the benefit of children, vests an interest in them as an immediase heirs of beneficiaries, interest of, 722. JUDGMENT, against one of several co-trespassers does not release the bez, 907. JURISDICTION, collateral attacks upon, 256. defined, 821. recitals in favor of, 27. LACHES which preclude relief, 885. MASTER AND SERVANT, action by servant against one procuring his discharge, action for attempting to entice servant to leave master, 447. action for enticing servant away from service does not lie unless defend ant knew of the employment, 477. action for inducing servant to leave at end of his term of employment, action for inducing servant to leave, contract to serve must be proved, action for inducing servant to leave, who is serving under voidable con- tract, 477. coercing servant to leave employment, 477. cropper, enticing away, liability for, 475. danger, order of foreman, servant assumes risks of, 502. employing servants of another, liability for, 478. enticing away servants, measure of damages in action for, 478. enticing away servants is not a public offense, 478. enticing away servants of another, liability for, 474, 475. enticing away servant who is working by the piece, 476. fellow-servants, engineer and brakeman, 569. fellow-servants, exception to rule that master is not liable for injury of fellow-servants, instances of, 569. harboring servant, liability for, 477. intermeddling between, liability, 474, 475. risks, assumption of damage by servants, 502. MORTGAGE, to secure future advances, 293. MUNICIPAL CORPORATION, bridges, liability for injuries resulting from de- fects in, 65. streets, lighting of, is not a duty, 143. streets of, use of, by street or other railways, 682. NEGLIGENCE, Contributory, instances of, 66. letting child go upon track of railway, 90. letting child play in street, 90. NEGOTIABLE INSTRUMENTS, amount which bona fide holder may recover on bona fide holder not affected by infirmities in inception of, 310. bona fides of holder, when must be shown, 324, 326. blank signed in, and wrongfully filled up, 316. burden of proof concerning bona fides of holder, 323, 324. delivery by maker, want of, as a defense, 313. delivery in violation of condition imposed by maker, 314, 315. delivery procured by theft, 313. deposited in escrow, and delivered in violation of the condition, 315. duress in origin of, does not affect bona fide holder, 310. executed with conditions which may be detached, 317. fraud in detaching conditions annexed, 317. |