INDEX. ACCESSORIES.-See CRIMINAL LAW. ACTIONS AND DEFENSES. when fact of a misjoinder of counts cannot be taken ad- PAGE. 52 when failure of consideration may be set up against as- 85 238 the defense that writ of error is barred by the Statute of ... 359 416 ... it is not necessary to show fraud to defeat suit for spe- 423 a defendant cannot question provisions of statute which do 449 quo warranto questions only jurisdiction in organizing a 584 ADMINISTRATION. when the estate pur autre vie must be administered as in- ...... 401 513 ADMINISTRATORS.-See EXECUTORS. AGENCY.-See PRINCIPAL AND AGENT. AMENDMENTS. amendment of record after term cannot rest in recollec- PAGE. tion of judge.... 154 when Appellate Court is without jurisdiction to grant leave 500 APPEALS AND ERRORS. when it is a question of fact in Appellate Court whether 34 the weight of conflicting evidence is for the jury. 40 80 when Supreme Court has jurisdiction although mechanics' 84 bill of exceptions presents only proceedings not a part of ... 154 .... objection that one juror was not sworn comes too late on 155 168 what order by Public Utilities Commission is appealable.. 184 ... 206 206 238 when denial of motion to find for defendant presents ques- 248 when the Supreme Court will presume that the Appellate Court considered evidence of title in third person in an action of replevin... 248 an executor's appeal stays enforcement of order for his 294 mere averment that a constitutional question is involved on controverted questions of fact in action for negligence 359 APPEALS AND ERRORS.-Continued. when plaintiff in error cannot complain of refusal to give ..... record need not recite, in terms, that indictment was re- PAGE. when freehold is not involved in suit between partners in 359 364 364 372 ... 374 ..... when finding of chancellor in suit for specific performance .... 449 replication to plea of release of errors admits facts not de- 454 failure to appeal from decree does not constitute release of 454 what act of drainage commissioners does not bar right of 454 when former holding by county court in drainage proceed- 459 when Appellate Court is without jurisdiction to grant leave .... 500 when Supreme Court must affirm judgment of the Appel- ..... 500 writ of error in compensation case may be prosecuted un- ATTORNEYS AT LAW. offensive conduct toward judges cannot be permitted— AUTOMOBILES.-See MOTOR VEHICLES. 55 BAILMENTS. PAGE. when liability for loss is that of a carrier and not of a BANKRUPTCY. bankruptcy of original contractors does not defeat liens BILLS OF EXCEPTIONS. bill of exceptions presents only proceedings not a part of when bill of exceptions is filed within required time....... BRIDGES. See TAXES; HIGHWAYS. BURDEN OF PROOF. .... burden is on plaintiff in action of replevin to prove right 149 84 154 359 248 .. 377 .... 555 burden is on defendants in will contest case to prove attes- 609 CARRIERS.-See RAILROADS. bill of lading is construed most strongly against the car- CEMETERIES. ... 149 proceedings for condemnation for a cemetery must come CITIES. See MUNICIPAL CORPORATIONS. CONDEMNATION.-See EMINENT DOMAIN. CONFLICT OF LAWS. omitted taxes of deceased owner of property are due at the 201 191 CONSPIRACY. what is sufficient to sustain charge of conspiracy to steal PAGE. 74 when error in permitting witness to testify as to his previ- 74 the actions of one conspirator in furtherance of conspiracy 74 when witnesses may testify to contents of letter written by 74 CONSTITUTIONAL LAW. due process of law is complied with by public hearing be- the Search and Seizure act is not invalid as giving prefer- when judgment in summary hearing is not binding-when presumptions are in favor of validity of statute..... .... ..... Compensation act does not deny constitutional right to jury 121 167 168 168 168 168 ... 209 mere averment that a constitutional question is involved 317 defendant cannot question provisions of statute which do 449 449 |