Evidence. Under general money counts in such declaration.. Discharge in bankruptcy granted to one member of partnership, after he alone had been .103 ..103 Proof of debt. Where warden of state prison receives moneys from state. ..103 Practice in involuntary cases. Petition by corporation. Verification. Affidavits, &c..103 Debt due from factor...... .104 Creditor cannot compel partners, willing or unwilling, to petition.. Practice. Where husband, being insolvent, has purchased furniture and articles of lux- ..117 The assignee acquires no title to property exempt as homestead. ..118 Disclosure by bankrupt. ..118 Check. Failure to present before bankruptcy.. ..118 Claim founded upon judgment recovered after commencement of proceedings. .118 Where payment made by bankrupt debtor has been recovered by assignee. .118 Preference. Substitution of one class of security for less desirable one, &c. Bankrupt law does not interfere with debtor's power to sell exempt property. ..119 .130 ..130 ..130 Lien obtained under a judgment... .130 Husband and wife. Where a wife executes mortgage on her separate property. ..130 Composition. One member of firm which has been adjudicated bankrupt.. Partnership. Sale of interests of partners. Partnership property. .131 131 Jurisdiction of state court. Habeas corpus, &c.... .131 Section 5117 does not embrace surety in guardian's bond... .131 Under laws of Vermont attachment of debt by trustee process... .131 The fact that persons have been adjudicated bankrupts as members of one firm. .131 Interest. Where assignee has sold real estate discharged of liens.... Where goods are fraudulently shipped beyond control of vendor. Discharge. .147 Creditor having lien upon bankrupt's estate may decline to appear. Omission from schedule. If bankrupt honestly regards judgment held by him as .162 Books of account. Merchant or trader who, prior to his becoming such, has kept books..162 Compensation of assignee. Where insolvent who has made general assignment.. .163 Action against assignee. Where marshal has demanded and received from sheriff property.. .163 Injunction to prevent assignee interfering with assets.. .163 Practice. Where notes given upon a composition settlement fall due pending action .163 Assignment. Delivery of schedule not necessary. 163 Possession of property. Delay of more than three months.. 163 If on dissolution of copartnership, retiring partner takes out portion of assets.. 163 .177 Bank cannot buy its own stock.. .177 Liability of director...... .178 BILL OF LADING. Demurrage. Receiving cargo without objection.. 72 BILLS AND NOTES. Addition of name of another maker without consent of original Alteration of note by filing blanks. Right of bonâ fide holder.. 24 Loss by flood. Bill of lading..... Liability for goods shipped beyond its own line.... Fraud or illegality in inception of negotiable promissory note transferred before maturity 41 An agreement to forbear suit...... Partial failure of consideration no bar to action.. Parol evidence admissible to show consideration.. Condition that note if paid when due may be paid in currency. Note indorsed by a number. Liability.. Notice to maker in fact.. Negotiability defined.. To whom may be given, &c... Collection fee clause.. Judgment note. Waiver of exemption. Ignorance of maker. Negligence.. BOND. Curator's bond. Contemporaneous parol agreement. Public policy. BROKER. Commissions. Promise after completion of transaction. BUILDING ASSOCIATION. Usury. Pledge of shares.. Chattels as trust fund..... Insurance of mortgaged chattels.. CITIZENSHIP. Alienage. Domicil. Citizenship of child... COMITY. How far construction of court will be affected by.. COMMON CARRIER. Negligence. Limiting common law liability. 55 55 72 72 72 89 .119 .120 .131 .148 .149 .178 .178 .179 55 .149 120 41, 55 89 .120 ..120 120 25 25 25 73 56 .42, 56, 90, 132 .56 CONFLICT OF LAWS. Covenant of seizin... Liability for injury of one passenger at hands of fellow passenger. Damages.. .90 104 132 CONSTITUTIONAL LAW. Effect of recognition of validity of act.. Journal of legislature, &c. . . . . . Taxation of property of corporation... Of the power of courts to examine into how act was passed.. Condemnation of land for manufacturing purposes. Assessing cost of paving. Frontage method...... Statute forbidding contingent fee...... Meaning of word "day Corporation. Taxation. Charter. Passenger railway. Condemnation of land for railroad purposes.. CONTEMPT. Disrespectful language by attorney. CONTRACT. "Entire "" contract defined.. Agreement between R. R. and Telegraph Co. Public Policy When severable.. Public policy. Order for goods illicit in Michigan by citizens of state where goods not .90 .133 9 9 25 42 56 73 .90 .90 165 133 121 10 26 56 .91 121 .121 165 COPYRIGHT. Labels deposited under Act of June, 1874. Publication before copyright.. 126 133 Delivery defined.... CRIMINAL LAW. Burglary defined............ Sentence after adjournment of court for term.. Plea in abatement. When sufficient.. Change of court. Misapprehension of jury. Competency of juror.. Presumptions... Evidence. Use of deadly weapon, &c.. Forgery. Requisites of indictment.. Evidence of accused. Belief that his life was in danger.. DAMAGES. Conversion of stock.. Measure of, where water diverted. Civil damage act. Exemplary damages.. Defective shaft. Causa proxima.. DEAD BODY. Control over rests with next of kin. DEED. Acknowledgment by married woman........... When original deed has been destroyed... Property conveyed to wife with knowledge of party lending money thereon. Deed between husband and wife. 11 43 43 74 74 .105 .105 121 .105 122 122 122 122, 133 133 .150 150 43 150 150 .150 75 11 11 26 75 75 122 Deed of person non compos mentis. 166 DIRECT TAX LAW. Validity of deed under, &c... 91 DIVORCE. Invalidity of divorces where parties were not within jurisdiction. 134 Fornication and adultery..... 134 DOWER. Action to preserve dower while husband is alive... EJECTMENT. Title to lands held by Confederate States. Executor. Estoppel. Practice..166 Presidential elector. Member of Centennial Commission. EQUITY. Official bond that is defective..... 57 43 ..151 Jurisdiction. Power of court to decree sale of stock deposited as collateral security. 57 Mortgage. Tender.. 159 EVIDENCE. Parol evidence to vary terms of written instrument. Evidence of bargain with agent of insurance company. Proof of powers of agent. 167 Contract under seal. Other writings and parol evidence to explain....... FALSE PRETENCES. What constitutes offence of obtaining moneyu nder false pretences 167 12 FOREIGN LAW: Judgment. Limitations. Lex loci.. 12 FRAUDS, STATUTE OF. Oral guarantee of note... .152 FRAUDULENT CONVEYANCE. Title acquired under fraudulent conveyance. 152 76 GRATUITOUS SUBSCRIPTION. When gratuitous subscription cannot be enforced....167 INFANT. Contract. Partnership. Ratification. Promise of infant to pay checks........152 INJUNCTION. Bills and notes.. Where answer to petition is quashed.. ..168 12 45 Court of equity will only interfere in case of trespass.. Contempt of process of state court by receiver of federal court.. INSURANCE. Forfeiture for non-payment of premium-note.. Where through misapprehension agent issues policy on wrong building. Application filled out by medical examiner. Right of part owner of vessel to sue. Part owner of vessel cannot insure for other owners. Additional insurance. Where policy contains condition of avoidance.. It is improper to admit in evidence letters of company's secretary. Warranty and misrepresentation. Knowledge of agent.. Whether or not a house is occupied..... Construction of policy. "Contiguous" defined.. Insurance obtained through broker. Misrepresentation, &c.... Construction of policy. Imperfect answer in application.. Construction of policy. Written and printed conditions. Parol testimony to enlarge policy.... Payment of premium. Annual credits. Paid-up policy. Forfeiture, &c.. Failure to pay premium note. Forfeiture. Waiver. Rights of insured, &c... Agency. Agreement of agent where no company is specified. Waiver by agent. .106 180 76 123 12 27 27 27 27 58 59 59 59 59 59 60 60 60 92 92 92 93 93 93 106 106 106 107 .107 .107 107 123 135 135 135 .135 Description of title. Where agents knew the condition.. .135 Pleading. Multifariousness. Failure to allege inability to prove contents of inaccessi- 136 The underwriter of ship may maintain suit in admiralty for the premium. 136 136 Suicide. When intent is a question for jury.. 136 Construction of policy. Waiver. Condition that waiver must be indorsed on policy, &c.152 .153 Waiver by agent. Fraud of agent. Liability of company. .168 Power of company. Investment of funds. Set-off. Mortgage. Ultra vires. Acceptance. What constitutes contract. Precision. Presumptions, &c.. Evidence. Forfeiture of life policy. Waiver. INTEREST. Interest on verdict... Proximate and remote cause... Assessment upon notes of mutual company. Liability of insured. Waiver of con- INTOXICATING LIQUOR. Compensation for taking care of intoxicated person.. JUDGMENT. Foreign judgment. When judgment conclusive, &c... LANDLORD AND TENANT. Mortgage. Landlord's lien on crop not in esse... When equity will disregard. Mining trespass not discoverable till after expiration of MANDAMUS. To compel overseers of poor to receive pauper... .170 .171 .171 .172 .77 .77 .172 .180 13 13 77 93 60 137 27 MASTER AND SERVANT. Employment of servant by joint masters.. ..181 Where lien covers only part of land.... Where materials are furnished indiscriminately for a number of houses.. MECHANIC'S LIEN. Notice of lien. Partnership. Transfer of note to material-man. 14 MISREPRESENTATION. Misrepresentation and mistake of law. Railroad Stock. MORTGAGE. Right of mortgagor to income.. Mortgage to secure future advances. Rights of subsequent purchaser. Mortgage of after-acquired property.. 14 60 .138 61 94 94 .124 Consideration. Where mortgage is held by mortgagor. Notice, &c... Mortgage to secure coupon bonds. Sheriff's sale, &c... MUNICIPAL BONDS. Subscription to stock. Where act contains no condition as to time. Construction of agreement to build within specified time, &c.. Election. Presumptions as to votes cast at.. Registration under Illinois Statute of April 16, 1869. Not void by reason of defective execution.. MUNICIPAL CORPORATION. Limitations. Damages. Injury by building sewer.. Authority to subscribe not authority to sell. Power of public agents to bind................. Authority of public and private agents distinguished.. Property of county not subject to mechanic's lien... NATIONAL BANK. Mortgage. Sale of mortgaged premises. Ultra vires. Usury. Forfeiture.... Where there has been a series of renewal notes... 78 139 139 .139 ..155 Enjoining taxation of national bank shares. When bank a proper party.. 182 182 182 182 .182 NEGLIGENCE. Contributory negligence by child... Keeping of vicious dog.. Driving with insufficient harness.. Trespass by infant... Liability of one who stores water on his own land Act of God. 78 95 95 95 95 Presumptions. Burden of proof.. .108 Railroad. Injury to servant... 108 Carriage while being driven across the track of a passenger railway. ..109 Injury to looker-on.. ..139 Duty to public. Dangerous private way.. ...173 Ejection of passenger. Retention of passenger's money by conductor. Contributory ..183 NOTES OF NEW BOOKS.. .16, 31, 48, 64, 96, 112, 128, 144, 160, 176 .1, 17, 33, 49, 65, 81, 97, 113 Incoming partner. Antecedent debts... Note given in firm name after dissolution.... Acceptance of note in firm name after dissolution.. Where partner is member of two firms dealing with each other.. NUISANCE. Noise caused by ringing of church bells... Nuisance defined. Noise. Marble work. PARTNERSHIP. Dormant partner. Stockholder in unincorporated bank. 61 Steam-whistle.. 78 61 61 .109 ....109 ....109 Profits where business is carried on after dissolution of firm. Rights of former partners. 110 PLEADING AND PRACTICE. Divorce. Averments of petition.. Mandamus. Answer to application.... ..183 .... 45 45 |