TOPICAL INDEX, VOL. 101. A ACCIDENTS-Not reasonably in the anticipation of a party.. 669 284 135 an administrator to indorse the purchase price of corn own benefit..... Can not exceed their authority. Not to incur expenses contrary to the wishes of the principal. 237 409 308 341 144 148 Powers of succeeding chancellors to modify a decree for ali- 142 69 620 153 619 380 The record must show the errors assigned..... 102 When a verdict must be accepted as conclusive.... 131 When the court will not interfere with the discretion of the trial court..... 533 Where cross-errors are necessary.. 624 Where the record is sufficient to enable the court to pass upon the questions presented...... 261 ASSESSMENT-Waiver of defects in the notice of-Beneficiary associations..... 479 ASSIGNMENTS-Of choses in action-What the assignee takes.. 237 237 Assignments in courts of equity.... Distinction between an assignment of an interest in a verdict and a transfer of the judgment itself.. Of judgments before they are rendered... ATTACHMENT-Issues on, and upon the merits of a case sepa- rate and distinct..... ATTORNEYS-Improper remarks by, in impaneling a jury............ B BENEFICIARY ASSOCIATIONS—Eligibility of beneficiaries to 292 292 291 374 664 321 389 Self-executing by-laws.. 213 Waiver of a forfeiture-Estoppel..... 213 BENEFICIARY SOCIETIES-Waiver of defects in a notice of assessment.... 479 BILL OF EXCEPTIONS-Must state that it contains all the evi- 194 603 58 BURDEN OF PROOF-In preferences-Voluntary assignments... 549 349 BY-LAWS-Are documents-Documentary evidence.. 488 488 488 Of private corporations need not be in writing. C CHANCELLOR-When his findings will not be disturbed. Decrees pro confesso, when unassailable...... 288 380 477 339 523 13 509 When a defendant can not assign error in a court of review.. 477 288 406 act of 1895..... CHATTEL MORTGAGES-Notes secured by-Application of the CHILDREN-Custody of, in divorce proceedings. 223 187 CHOSES IN ACTION-To be sued on in the name of the assignor 280 Notices...... 312 COAL MINES-Negligence in not providing places of refuge.... 175 employes..... Liability for failure to provide places of refuge. able consideration.... COMMERCIAL PAPER-Assignee of, before maturity, for a valu- COMMISSIONERS OF HIGHWAYS-Can not lawfully obstruct a natural water course.. 169 169 170 107 89 ..... May drain the roads, not obstructing natural water courses When their office becomes vacant.. tention by. COMPOUNDING A CRIME-An obligation given in consideration of the suspension of a prosecution for wife abandonment is CONDONATION-Is a stricter bar against the husband than the CONSIDERATION-What is a sufficient, for a promissory note... 132 406 196 165 CONTEMPT OF COURT-A mere failure to comply with a decree 564 Disobedience of a decree must be willful... 567 Order for a commitment should name a definite term of im- For the sale of land, where the vendee tenders payment and 629 Where the vendor tenders a deed and demands payment.... 629 140 Of sale, what is such a withdrawal of merchandise under, as to Their validity to be determined by the law of the state where 418 Where one maliciously procures the discharge of another un- 355 CONTRIBUTORY NEGLIGENCE-Can not be imputed to a child four years of age..... 544 CONVEYANCES-Affecting the title of lands situated in other state.... 592 Assumption of mortgages by grantees.. Contract to assume an incumbrance, not an essential part of Effect of covenants which run with the land.. ..... 443 443 593 593 443 CORPORATIONS-Duties when engaged in dangerous operations. 169 Liability to actions for malicious prosecution... Modern state of the law..... Presumptions as to the power of the president. COSTS-Municipalities not liable for costs.... COURTS-Of a state are created for the benefit of its citizens... another state.... CREDIBILITY OF WITNESSES-Opportunity of the Appellate D DAMAGES-Measure of, for an unlawful discharge.... Not recoverable for injuries resulting from acts not invited... Where $3,000 is not excessive-Personal injuries.. 265 265 265 349 589 431 593 619 140 81 174 175 96 DECEIT-When conduct is fraudulent-Expressions of opinion.. 542 When $10,000 is not excessive...... Where the action will lie....... 541 DISCONNECTION OF TERRITORY-Not consummated by filing 147 DIVORCE-Binding effect of the decree-Estoppel of the defend- 187 Condonation, a stricter bar against the husband than the wife 406 192 What is not a running at large within the meaning of the stat- 182 DRAINAGE-Commissioners of, must comply with the statute be- Commissioners of, not obliged to advertise for bids when requir- 72 150 DRAM-SHOP ACT-What liquors are included in its terms...... 576 576 E EMPLOYER AND EMPLOYE-Ordinary care in the adoption of appliances-Master and servant...... 500 EMPLOYMENT-An action lies where a third person procures the discharge of an employe... 355 Discharge without notice.... 140 Disturbing an employe to compel him to do something against 355 ESTOPPEL-By conduct does not lie in favor of one who has not Of municipal corporations to set up as a defense the irregular By the acceptance of the amount awarded by the judgment 75 Does not operate to aid in the consummation of a fraud..... 426 135 EVIDENCE-No distinction between direct and circumstantial 528 Admissibility of photographs... 167 Competency of the wife as against her husband. 132 Competency of parol proof to show the conditions of a contract 75 Declarations of an agent, when admissible.. Of the condition of machinery immediately after an accident 528 Of a party's reputation as to matters bearing upon the question 265 Of malice in actions for malicious prosecution... 265 Of the fact that the plaintiff had a wife and children-Personal 155 Of the sobriety of a person killed in a railroad accident.... 167 212 Necessary to hold incoming partner for previously contracted 24 Publications of mutual insurance companies.... 488 |