NEXT OF KIN.

See Descent and Distribution.

NONRESIDENCE.

Effect on limitation, see Limitation of Actions, $84.

NONSUIT.

On trial, see Trial, §§ 159, 165.

NOTES.

Promissory notes, see Bills and Notes.

NOTICE.

As affecting particular classes of persons. Bona fide purchaser, see Vendor and Purchaser, § 231.

Of particular facts, acts, or proceedings not judicial.

Application for change of highway, see Highways, § 72.

Cancellation of insurance policy, see Insurance, § 229.

Existence of nuisance maintained by lessee railroad company, see Railroads, § 259.

Injuries to servant, see Master and Servant, § 252.

Meeting of board of equalization, see Taxation, § 482.

Meeting of creditors in insolvency proceedings, see Insolvency, § 22.

Public improvements, see Municipal Corporations, $294.

Of particular judicial proceedings. Abatement of nuisance maintained by lessee railroad company, see Railroads, § 259. Action or process, see Process, § 99. Appeal from justice of the peace, see Justices of the Peace, § 160.

Appeal in criminal prosecution, see Criminal Law, $ 1081.

Condemnation proceedings, see Eminent Domain, $$ 180, 181.

Entry of judgment, see Judgment, § 288. Preparation and signing of findings of fact or conclusions of law, see Trial, § 393. Time and place of signing judgment, see Judgment, $282.

6. One who has notice of facts sufficient to put him on inquiry held deemed to have notice of those facts that are naturally and reasonably

connected with the facts known.-Hawkes v. Hoffman (Wash.) 156.

NUISANCE.

of water to which plaintiff was entitled was barred by limitations, her right to recover was not affected by the fact that the wells were left uncapped in violation of St. 1877-78, p. 195, c. 153, thereby constituting a public nuisance.Hudson v. Dailey (Cal.) 748.

OBJECTIONS.

To deposition, see Depositions, § 107.
To judge, see Judges, § 51.

To municipal improvements, see Municipal Corporations, & 304.

OBLIGATION OF CONTRACTS.

Laws impairing, see Constitutional Law, §§ 121,

154.

OBSTRUCTIONS.

Of highways, see Highways, §§ 154, 155.

OFFER.

Of judgment, see Judgment, §§ 80, 81.
To purchase, admissibility on question of value,
Of proof, see Trial, §§ 43, 46.
see Evidence, § 113.

OFFICERS.

Embezzlement, see Embezzlement. Injunctions affecting, see Injunction, §§ 74, 77. Law prohibiting recovery of witness fees by particular officers, as denial of equal protection of law, see Constitutional Law, § 211. Mandamus, see Mandamus, §§ 70-81. Quo warranto, see Quo Warranto.

Particular classes of officers.
See Clerks of Courts; District and Prosecuting
Attorneys; Judges; Justices of the Peace;
Receivers; Sheriffs and Constables.
Assessors of taxes, see Taxation, § 316.
Bank officers, see Banks and Banking, §§ 102,
113.

Corporate officers, see Corporations, §§ 282-348.
Court officers, see Courts, $$ 42-50.
Municipal officers, see Municipal Corporations,
§§ 124-159, 7452.

failing to reappoint a veteran to an office in § 10. Bad faith of an appointing officer in preference to others, under the veteran's preference law (Laws 1907, p. 541, c. 374, § 1), and the failure to fairly consider a veteran's qualifications, must be proved by evidence of facts in(Kan.) 445.

I. PRIVATE NUISANCES.

(A) Nature of Injury, and Liability Therefor. Liability of lessee railroad company, for nuisance existing at time of lease, see Railroads, $ 259.

II. PUBLIC NUISANCES. (B) Rights and Remedies of Private Persons.

§ 72. That certain artesian wells in a stream were left uncapped in violation of St. 1877-78, p. 195, c. 153, did not constitute a private injury to a lower riparian proprietor, where the water did not go to waste during the irrigation season.-Hudson v. Dailey (Cal.) 748.

$73. Where plaintiff's right to object to certain artesian wells in a stream as a diversion

III. RIGHTS, POWERS, DUTIES, AND LIABILITIES.

$ 100. The additional deputy assessor provided for by the Act of 1909 (St. 1909, p. 727, c. 416). amending Pol. Code, § 4244, held to come within a rule stated, whereby the act did not violate Const. art. 11, § 9.-Newman v. Lester (Cal. App.) 785.

§ 111. Under the direct provisions of Ballinger's Ann. Codes & St. 1598 (Pierce's Code, § 4003), county officers who receive a salary must on the first Monday of each month pay into the county treasury all moneys coming into his hands for fees and charges in his office or by virtue of his office during the preceding month, and, in the absence of any statute, he must turn over all money in his hands to his successor at the expiration of his term.-State v. Leonard (Wash.) 163.

Review of discretion of judge in paroling prisoner, see Criminal Law, § 1147.

§ 4. The power of the district court and court of common pleas, or judges thereof, to parole a prisoner under section 2, c. 178, p. 281, Laws 1907, held not limited by section 3, so as to make the parole of a person convicted of manslaughter in the third degree and sentenced to imprisonment in the county jail unlawful.-State v. Nite (Kan.) 220.

§ 4. Under Snyder's St. § 6929, the Governor alone held authorized to grant a reprieve pending the perfecting of an appeal.-Opinion of the Judges (Okl. Cr. App.) 684.

PARENT AND CHILD.

See Guardian and Ward; Infants. Burden of proving parental consent to sale of liquors to minor, see Intoxicating Liquors, § 224.

Custody of children on divorce, see Divorce, 298.

Sufficiency of evidence of want of parental consent to sale of liquor to minor, see Intoxicating Liquors, § 236.

PAROLE.

PARTIES.

Admissions as evidence, see Evidence, §§ 222, 226.

Domicile or residence as affecting venue, see Venue, $32.

Parties concluded by foreclosure, see Mortgages, $ 587.

Substitution of parties as alteration of instrument, see Alteration of Instruments, § 3.

In actions by or against particular classes of persons.

See Husband and Wife, § 221.

In particular actions or proceedings. See Mandamus, § 151.

Condemnation proceedings, see Eminent Domain, § 177.

Criminal prosecutions, see Criminal Law, § 59. Foreclosure, see Mortgages, § 427, 436.

For recall of municipal officer, see Municipal Corporations, § 159.

To determine and establish water rights, see Waters and Water Courses, § 152.

To restrain abstraction of waters, see Water and Water Courses, § 209.

Judgment and relief as to parties, and parties affected by judgments or proceedings thereon. See Judgment, §§ 239, 241.

Persons concluded by judgment, see Judgment, $$ 631, 682-710.

Review as to parties, and parties to proceedings in appellate courts.

On appeal or writ of error, see Appeal and Error, 323.

Parties entitled to allege error, see Appeal and Error, § 878.

To conveyances, contracts, or other transactions. See Bills and Notes, § 120; Contracts, §§ 187, 188.

Persons affected by estoppel, see Estoppel, § 92.

I. PLAINTIFFS. (B) Joinder.

In action by wife, see Husband and Wife, § 221.

II. DEFENDANTS.

(B) Joinder.

§ 27. Two or more jointly engaged in a tort are jointly and severally liable as the injured party may elect, and he may sue all or any jointly, or each separately.-Cole v. Roebling Const. Co. (Cal.) 255.

III. NEW PARTIES AND CHANGE OF PARTIES.

In proceedings for recall of municipal officer, see Municipal Corporations, § 159.

V. DEFECTS, OBJECTIONS, AND

AMENDMENT.

§ 75. A defect of parties is waived if not raised either by demurrer or answer.-McCreery v. Morrison (Colo.) 876.

76. Want of capacity to sue, when it appears on the face of the complaint, must be urged by demurrer.-Hale v. Crown Columbia Pulp & Paper Co. (Wash.) 480.

PAROL EVIDENCE.

In civil actions, see Evidence, §§ 390-460.

In criminal prosecutions, see Criminal Law, § 442.

husband in an action by a married woman by demurrer to the complaint and not by motion to make the husband a party.-MacLeod v. Moran (Cal. App.) 932.

§ 92. The objection that there was a misjoinder of parties held waived when made for

$96. A minor's want of capacity to sue personally is waived by defendant's pleading to the merits.-Hale v. Crown Columbia Pulp & Paper Co. (Wash.) 480.

PARTNERSHIP.

See Associations.

I. THE RELATION.

(A) Creation and Requisites. 5. Rev. Codes, §§ 5466, 5469, 5482, held declaratory of the rule that to constitute a partnership there must be such a community of interest as empowers each party to make contracts, incur liabilities, and dispose of the property.-Weiss v. Hamilton (Mont.) 74.

(C) Evidence.

§ 52. Evidence held not to establish a partnership.-Weiss v. Hamilton (Mont.) 74.

III. MUTUAL RIGHTS, DUTIES, AND LIABILITIES OF PARTNERS.

(B) Individual Transactions.

§ 6. The obligation of an owner of a lot to contribute to the cost of a party wall must be created by express contract.-IIawkes v. IIoffman (Wash.) 156.

§ 8. One of the owners of a party wall who desires to erect a new wall of more extensive dimensions on the site of the old wall may not compel his co-owner to share the expense with him, in the absence of an express contract to that effect.-Hawkes v. Hoffman (Wash.) 156.

§ 9. Knowledge by an intending purchaser that a wall has been erected on the dividing line of the land he intends purchasing and the land he must contribute to the expense of constructof the adjacent owner is not notice to him that ing the wall in case he makes use of it.-IIawkes v. Hoffman (Wash.) 156.

§ 9. A party wall agreement binding on the successor or assigns of the parties thereto runs with the land, and is binding on the grantees of the respective parties.-Hawkes v. Hoffman (Wash.) 156.

9. A purchaser for value, without notice of

IV. RIGHTS AND LIABILITIES AS TO THIRD PERSONS. (D) Actions by or Against Firms or Part

ners.

$204. Service by publication upon a partnership by its firm name, without specifying the individuals, held not necessarily void.-Ord v. Neiswanger (Kan.) 17.

VI. DEATH OF PARTNER, AND SURVIVING PARTNERS.

§ 255. Dissolution of partnership on death of partner held authorized.--Thompson v. Parnell (Kan.) 502.

§ 255. The authority of the surviving partner to settle up the firm business, under Rev. Codes. § 7607, held to contemplate the completion of transactions begun before the death of the deceased partner.-Weiss v. Hamilton (Mont.) 74.

VII. DISSOLUTION, SETTLEMENT, AND ACCOUNTING.

(C) Distribution and Settlement Between Partners and Their Representatives. Acts constituting fraud in procuring settlement, see Fraud, § 3.

§ 311. A settlement of firm affairs held procured by fraud.-Salhinger v. Salhinger (Wash.) 236.

§ 311. A partnership relation held a fiduciary one, requiring of the partners the utmost good faith.-Salhinger v. Salhinger (Wash.) 236.

PART PAYMENT.

Within statute of limitations, see Limitation of Actions, §§ 142-164.

PART PERFORMANCE.

Of oral contract for purpose of specific performance, see Specific Performance, § 44.

PARTY WALLS.

5. Where an existing party wall is destroyed by fire, lapse of time, or otherwise, the ease

for value, and takes the property without any burden created by an agreement for the construction of the wall.-Hawkes v. Hoffman (Wash.) 156.

PASSENGERS.

See Carriers, §§ 254-384.

PATENTS.

For public lands, see Mines and Minerals, § 41. XI. REGULATION OF DEALINGS IN PATENT RIGHTS AND PATENTED ARTICLES.

§ 221. Certain transaction held a sale of a patent right within Gen. St. 1901, § 4358, regulating the sale thereof, and imposing a penalty for failure to comply therewith.-State v. Morey (Kan.) 501.

$ 225. A complaint under Gen. St. § 4358, charging that accused sold a patent right without complying with that section, held not indefinite or uncertain.-State v. Morey (Kan.) 501.

PAYMENT.

See Tender.
Part payment within statute of limitations, see
Subrogation on payment, see Subrogation.
Limitation of Actions, §§ 142-164.

Of particular classes of obligations or liabilities.
See Mortgages, §§ 302-319.
Compensation for property taken for public use,
see Eminent Domain, §§ 155, 158.
Price of land sold, see Vendor and Purchaser,
§ 187.

Taxes, see Taxation, § 528.

PAYMENT INTO COURT.

Suspension of interest, see Interest, § 50.

PENALTIES.

Construction of penal statutes, see Statutes, § 241.

For violation of regulations relating to carrier, see Carriers, § 20.

Venue of action for, see Venue, § 9.

PENSIONS.

Certificate of medical' examiner as hearsay evi-
dence in action for personal injuries, see Evi-
dence, § 318.

PERCOLATING WATERS.

See Waters and Water Courses, §§ 99-107.

PERFORMANCE.

Of contract, see Vendor and Purchaser, §§ 130-
187.

Of particular classes of duties or obligations.
Of contracts in general, see Contracts, § 303.
Of covenants, see Covenants, § 96.

PERJURY.

I. OFFENSES AND RESPONSIBILITY
THEREFOR.

§ 6. Perjury or subornation of perjury cannot
be assigned on an affidavit for change of venue
for prejudice of judge.-Ex parte Ellis (Okl. Cr.
App.). 184.

PERSONAL INJURIES.

Particular causes or means of injury.
See Assault and Battery, §§ 2-40; Explosives,
§ 8; Negligence.

Operation of railroads, see Railroads, §§ 355-
400.

Particular classes of persons injured.
Employé, see Master and Servant, §§ 92-295.
Passenger, see Carriers, §§ 295-321.
Traveler on highway, see Municipal Corpora-
tions, 88 771-821.

PERSONAL PROPERTY.

See Property.

PEST HOUSES.

PLEADING.

Applicability of instructions to pleadings, see
Trial, §§ 251, 252.

To sustain judgment, see Judgment, §§ 101, 102.
Allegations as to particular facts, acts, or trans-
actions.

See Damages, §§ 143, 159; Estoppel, § 110.
Community property, see Husband and Wife,
§ 270.

Existence of highway, see Highways, § 16.
Jurisdiction of court, see Courts, § 122.
Statute of limitations, see Limitation of Ac-
tions, 184.

In actions by or against particular classes of
persons.
See Corporations, § 514; Executors and Admin-
istrators, § 447.
Undisclosed principal, see Principal and Agent,
§ 189.

In particular actions or proceedings.
See Assault and Battery, § 24; Associations, §
20; Ejectment, §§ 63-84; Forcible Entry and
Detainer, § 24; Libel and Slander, § 86; Neg-
ligence, 113; Quieting Title, § 42; Quo
Warranto, § 50; Replevin, § 63; Specific Per-
formance, 117; Trover and Conversion, §
32; Work and Labor, § 22.

Condemnation proceedings, see Eminent Do-
main, § 191.

Election contest, see Elections, § 285.

For accounting by guardian, see Guardian and
For breach of contract, see Contracts, §§ 335,
Ward, § 146.

346.

For conversion of property of tenant, see Land-
lord and Tenant, § 262.

Foreclosure, see Mortgages, § 452.

For injuries caused by defective condition of
street, see Municipal Corporations, § 816.
For injuries to servant, see Master and Serv-
ant, §§ 258, 262.

For pollution of waters, see Waters and Water
Courses, 77.

For price of goods, see Sales, § 353.

For wages, see Master and Servant, § 80.
Indictment or criminal information or com-

plaint, see Indictment and Information.

On bail bond, see Bail, § 89.

On bond of abstracter of title, see Abstracts of
Title, § 3.

$109.

On insurance policy, see Inusrance, § 645.
Pleas in criminal prosecutions, see Criminal
Law, $$ 263-292.

To confirm or try tax title, see Taxation, § 809.
To restrain abstraction of waters, see Waters
and Water Courses, § 209.

To restrain use of percolating waters, see Wa-
ters and Water Courses, § 107.

To set aside assessment for public improve-
ments, see Municipal Corporations, § 513.
Review of decisions and pleading in appellate

courts.

Amendment on appeal or error, see Appeal and
Error, 889.

Harmless error in rulings on, see Appeal and
Error, $$ 1039-1041.

Review of discretionary rulings on, see Appeal
and Error, § 959.

Review of rulings on, as dependent on presenta-
tion in lower court of grounds of review, see
Appeal and Error, §§ 193-195.

I. FORM AND ALLEGATIONS IN

GENERAL.

§ 8. Where there is no averment of facts
from which the conclusions of law are drawn,
the same will have no force in a pleading.-In-
ternational Harvester Co. of America v. Čamer-
on (Okl.) 189.