EVIDENCE-Continued. But oath or affirmation essential. Ibid. Witness may be impeached by evidence of previous contradictory statements, though, in answer to the neces sary preliminary questions, he disavows remembering that he made such statements, 99. If a witness be attacked or impeached by other witnesses, his credibility is not to be determined by any rule as to weight of evidence; but it is in all cases to be left to the jury to determine to what extent they will give him credit, 99. Where it is proved that witness does not believe in obligation of oath, his testimony not admissible in contradiction, 203. Person who, prior to trial, was insane, but has since recovered, may testify to facts occurring during period of insanity, 235. In suit for dower, heir of deceased husband competent for defense 336. Moral character of witness can not be impeached by showing particular acts of immoral conduct, 379. To what facts the cross-examination of a witness must be restricted, 379. Impeachment witness may testify as to reputation based on facts occurring since commencement of suit, 415. Party has a right to testify in his own cause, which court, by limiting the number of witnesses on each side, can not deprive him of, 4:5. Contradiction of witness by prior declarations, 439. In an action of ejectment against a party holding adverse to the title of the true owner, the plaintiff is a compe tent witness to prove the execution and genuineness of the deed to himself, although his grantor may be dead at the time of the trial. Bradley v. West (with note), 490. EXECUTIONS. [See, also, Offices and OFFICERS.] Effect of prior levy upon subsequent levies, 75. Correction by register of mistake in recording mortgage can not operate to overreach levy made before correction, 141. A mortgaged estate may be levied upon in the same manner as if it were not so incumbered, 298. That creditor in such a case was mistaken in his assumption that the mortgage had been paid off, and, therefore, failed in his attempt to contest its validity, would not defeat levy on land not included in mortgage, 298. Distinction between irregular and void executions, 438. Executions against trust funds and annuities, 482. EXECUTORS AND ADMINISTRATORS. If an administrator, by collusion with a debtor of the estate, fails to collect a debt or recover assets from him, a distributee or creditor may file a bill in equity and compel a settlement. Haywood v. Currie, 126. Unauthorized payment of demands; acknowledgment of debts, 156. Foreign administrator when not liable to suit, 192. Fraudulent conveyance; powers and rights of administrators, 219. Distribution of estate; advancement; policy of life insurance payable to child, 274. Duty of administrator to be personally present at sale, 277. Power of administrator to maintain suit to remove cloud on title of estate, 278. In absence of devise, rents and profits of real estate belong to heirs, and not to executor or administrator, 318. Rule of caveat emptor applies to executors sales, 337. Claim in sixth class under Illinois statute, 417. Right of administrator to sell land fraudulently conveyed by intestate. Bebee v. Soutter, 466. What power has a court to set aside a sale made by an executor to himself upon his own motion? Query, 80. Answer, 159. EXEMPTIONS. [See HOMESTEADS AND EXEMPTIONS.] EXPERTS. [See EVIDENCE.] EXPRESS COMPANY. Liability of, for collection of bill by agent, 153. EXTRADITION. Should a state surrender its own subjects to a foreign state, 40. FALSE PRETENSES. Statement partly true and partly false; improbability of falsehood no defense, 152. FALSE REPRESENTATIONS. [See FRAUDULENT REPRESENTATIONS.] FEDERAL COURTS. [See JURISDICTION; PLEADING AND PRACTICE.] FIRE INSURANCE. Power of court of law to rectify mistake in policy of fire insurance. Mercantile Ins. Čo, v. Jayne, 67. An indorsement on the back of a policy of insurance can not be admitted in evidence, in an action at law, as an explanation and rectification of the ambiguity upon the face of the policy, unless it appears that the indorsement was in ended by the parties as expressing the terms of the contract. Ibid. Construction of words "immediate notice" in policy, 73. Construction of condition requiring notice of loss "forthwith," 153. Statements as to watchman on premises and stock when warranties, 215. Construction of terms in policy, "any change in title," "legal process or judicial decree," 274. Forfeiture waived by agents requiring insured to go to trouble in making proofs, etc., 298. Effect of foreclosure of property insured; interest of lienor and trustee, 355. A condition in a policy of insurance which, declares that in everything to the effecting of the insurance, the agent who procures it shall be deemed the agent of the insured and not of the insurer, is void. Planters' Ins. Co. v. Myers, 369. Statements in an application for insurance are ordinarily representations merely, 369, When agent writes down erroneous answers, company Notice, or waiver of notice, of other insurance, 369. A warranty in a contract of insurance, as to the condition, situation, risk and value of the property which is the subject of the insurance, can not be extended to any property, or any matters, not specified in such warranty, 369. Policy contained clause, "Warranted a family to live in said house"; fact that two workmen slept in the house every night, kept their trunks and clothing in one of the rooms, took their meals elsewhere. and went the rounds every night with a dark lantern, usually visiting the house about bed-time, and leaving it before breakfast, did not sustain warranty, 417. Under assumpsit for money had and received, an insurance company can recover back money paid on a claim of loss, when the policy was avoided by a false and fraudulent inventory of the property destroyed; may sue without returning receipt, 433. Reformation of contract of fire insurance, 497. FIXTURES. Tenant who instead of surrendering premises, renews his lease, does not lose his right to fixtures by not having removed them during first term, 179; contra, Watriss v. First National Bank, 206. A house a chattel, 218. FORCIBLE ENTRY AND DETAINER. [See also JUDGMENTS AND DECREES.] In action of, evidence must show defendant in possessession, 177, FORECLOSURE. [See MORTGAGE.] FOREIGN CORPORATIONS. [See CORPORATIONS.] FOREIGN JUDGMENTS. [See PRIVATE INTERNATIONAL LAW; WILLS.] FORGERY. [See also CRIMINAL LAW AND PROCEDURE.] Action to recover money paid on forged bonds, 298. FORNICATION. No action can be maintained for infecting with venereal disease where the plaintiff has consented to the un lawful connection Hegarty v. Shine, 291. FRAUDULENT CONVEYANCES. Fraudulent conveyance made to wife, 63, An administrator of an estate can not, even under an order of court, sell and convey any interest in lands sold and conveyed by his intestate in his lifetime, to hinder and delay his creditors. Bebee v. Soutter, 366. FRAUDULENT CONVEYANCES- Continued. Any creditor of the estate, having the right to enforce payment of his claim against the estate, may, however, file a bill and have the fraudulent conveyance set aside and the real estate sold by the administrator. Ibid. FRAUDULENT REPRESENTATIONS. Creditor who demands security from debtor, not liable for latter's fraud in obtaining it, 19. Representations as to value of property and solvency of party, when actionable; when rule caveat emptor applies, 137. Distinction between false representations and mere opinions, 436. False representations, when not actionable, 461. FRAUDULENT SALES. [See FRAUDULENT CONVEYANCES,] GAMING. Money lent to pay a bet on a horse race is not "money knowingly lent or advanced for gaming," within the English statute as to gaming, 161. GARNISHMENT. When a negotiable promissory note is transferred by indorsement, after maturity, legal title is vested in indorsee; and amount due on note can not be garnished in the hands of maker, whether he has notice of the transfer or not, as a debt due to the original holder, 378. Practice in garnishment proceedings, 455. A stakeholder is summoned as garnishee in a suit against the winner. Can he be held liable to the extent of the funds in his hands? Query, 400; answer 500. GUARANTY. [See also SURETIES.] Guarantor cannot be joined in suit with principal; judg. ment by default against both erroneous, 77. Of payment of attorney's fees, 176. Contemporaneous and subsequent guarantees have the same contract force, and differ only as to what considerations sustain them, 419. GUARDIAN AND WARD. Proceeding by wards to compel guardian to account; effect of death of latter pending appeal, 18. Effect of irregularities in guardian's sales, 355. Suit may be brought on additional bond of guardian before original bond is exhausted, 358. HABEAS CORPUS. Petitioner refused to do service as a juror in the criminal court, claiming exemption under a statute of the state, in having served seven years as a fire warden. The trial judge committed him for contempt. Held, that though he was legally exempt, yet he was not entitled to relief by habeas corpus. Ex parte Goodin, 327. HIGHWAYS. Public road; obstruction; dedication; acquiescence, 37. Dedication of land to public; what acceptance necessary, 58. Highways by limitation or adverse user, 123. Person who does not own land adjoining can not appeal from decision of commissioner of highways in laying out a new road, 257. Opinions of experts as to sufficiency of highway, inad. missible, 258. Road may be a thoroughfare though terminating on private property, 355. HOMESTEADS AND EXEMPTIONS. Rights of widow and minor children under Missouri statute, 58. Forced sales under mortgages on homesteads; article by Hon. Wm. Archer Cocke, 103. Engrafting exceptions on statutes of exemption, 114. Trespass against sheriff for selling exempt property; construction of Illinois statute, 136. Homestead exemption does not extend to proceeds of sale under execution or deed of trust, 217, 285. Personalty exempt from execution for purchase-money, 233. A horse and wagon owned by the debtor, but not personally used by him in obtaining the support of his family, being used by another party who shared with the debtor the profit of their use, exempt. Washburn v. Goodheart, 248. A McCormack reaper and mower, exempt under Kansas statute as a "farming utensil," 275. Duty of debtor to make selection, 297. HOMESTEADS AND EXEMPTIONS-Continued. Tenant house adjoining homestead not exempt, 415. Abandonment of homestead not presumed from absence, 419. Acquiring new home; abandonment of homestead, 478. Refusal of officer to set apart property claimed as exempt may be remedied by mandamus, 476. How should dower and homestead be assigned under Il linois statute? Query, 260; answer, 379. A question in the law of homesteads, Query, 280; an. swer, 380. Is prospective waiver of homestead right contained in promissory note valid? Query, 219; answers, 219, 260, 280. [See also CRIMINAL LAW and Procedure; CRIMINAL EVIDENCE.] That improper treatment contributed to death does not excuse, 21. Insanity as a defense; degree of proof necessary; expert evidence, 152. Emotional insanity: reasonable doubt, 158. HUSBAND AND WIFE. [See also DIVORCE; MARRIAGE.] Separate estate of wife; what words necessary to create; power to charge by execution of note by wife to husband, 78. When defective deed of married woman may be reformed, 79, A husband being at the time free from debt, and without the contemplation of bankruptcy, conveyed certain lands to his wife to her separate use free from his control. The deed reserved to the busband a power of revocation in whole or in part, and a power of appointment to any uses or persons as he might designate either by deed or will. Three years later he became a bankrupt. Held, that the settlement would be upheld as against the assignee in bankruptcy. Jones v. Clifton, 89. The omission in a voluntary settlement to insert a power of revocation, will subject the settlement to suspicion in a court of equity. Ibid. When a settlement is made by a husband free from debt -when it is induced by no fraudulent motive-when it makes no more than a reasonable provision for the wife -when it conveys any benefit to her, a court of equity will uphold it. Ibid. Possession of realty by wife, possession by husband, 96. Certificate, by a commissioner under Tennessee code, of the acknowledgment or privy examination of a married woman to her deed or mortgage, which omits the words "and having been examined," is fatally defective, and the deed is void. Ellett v. Richardson, with note by Hon. J. O. Pierce, 146. Reformation of the deed of a married woman; article by "Testudo," 182. Criticism of this article, 434. Contracts between husband and wife under Michigan statute, 232. If married woman allows judgment to go against her by default, she will be bound unless obligation on which suit is brought shows on its face that she is not liable, 197. Paraphernalia of wife under Missouri statute, 241. After absence of husband for time to raise presumption of death, wife may contract as feme sole, 315. Presumption of coercion of wife in criminal law, 335. Deposit in bank by wife of wages of husband; creditors bill, 336; and see 376. Resulting trusts; advancement, 458. Power of married women to endorse notes, 459. Deed of married woman; estoppel, 477. ICE. INFANCY. Liability of parent for necessaries furnished to minor; subsequent promise, 214. In action on note given in settlement of damage caused by negligence, infancy no defense, 231. INJUNCTION. Will issue to restrain party from availing himself of exorbitant judgment obtained by fraud, 38. Fffect and construction of injunction bond, 76. Damages must be adjudged before action on injunction bond can be maintained against sureties, 217. Proper remedy against mortgagor who is wasting mortgaged property, 299. Will lie at suit of writer to prevent publication of his letters, 334. To restrain nuisance, 398. INSANITY. [See EVIDENCE; HOMICIDE.] Right of a person non compos mentis to vote, 338. INSOLVENT LAWS. State insolvent laws; assignments at common law and under statutes; articles by W. P. Wade, Esq., 243, 283, 303. INSURANCE. [See ACCIDENT INSURANCE; FIRE INSURANCE; LIFE INSU ANCE; MARINE INSURANCE.] INTEREST. Where party's right to compensation is doubtful interest will not be allowed anterior to determination of right to recover, 258. Where statute forbids the taking of more than a certain rate of interest, and more is contracted for, contract only void as to the excess, 287. Note governed as to interest by laws of state where payable, 321. INTERPRETATION. "Abstract," in registrars' certificate, 119. "Adjoining township," in Missouri statute as to suits in justice courts, 140, "Any change in title," in policy of insurance, 274. "Assembled" in bankruptcy amendment act, 435. "Beer shop," in lease, 96. "Brought," in statute as to notice of publication, 213. "Confectionary," in indictment, 258. "Contract, or cause of action in issue," in Missouri evidence act, 490. "Copies," in Missouri statute, 119. "Divers," in indictment, 18. "Ex post facto," in U. S. Constitution, 345. "Farming utensil," in Kansas exemption law, 275. "Felonously," in indictment, 440. "Forthwith," in insurance policy, 153. "Good moral character," in U. S. naturalization law, 84. "Good notes," in agreement, 334. "Illness" in English statute, 16. "Immediate notice," in insurance policy, 15, 73. "Judgment," in Ohio code, 499. "Labor performed," in Michigan statute, 179. "Legal heirs or assigns," in life insurance policy, 148. "Legal process or judicial decree," in insurance policy, 274. "Legal representatives," in U. S. banking act, 122. "Loss or injury," in Wisconsin statute, 237. "Manufacturing company," in mechanic's lien law, 419. "Vay," in Illinois school law, 37. "Mistake, neglect, or omission of clerk," in Ohio code, 335. Money knowingly lent or advanced for gaming," in English statute, 161. "Municipal corporations," in Wisconsin constitution, 258. "Person of the family." in Illinois statute. 215. "Perverse," 437. "Poisonous and noxious substances," in statute, 314. "Poorest of my kindred," in will, 16. "Power," in U. S. bankrupt law, 93. "Property and effects," 96. "Proprietors," in contract, 256. "Railway Corporation," in statute, 219. "Running at large," 301. "Shyster," 420. "Totally disabled,,' in accident insurance policy, 15. "Used by the debtor," in Illinois exemption law, 248. "Usual covenant," iu lease, 2. INTERPRETATION-Contiuued. "Uttered," in declaration for libel, 153. "Village," in Illinois statute, 97. "Work," in Pennsylvania lien law, 221. INTER STATE COMMERCE. [See CONSTITUTIONAL LAW.] INTOXICATING LIQUORS. [See LIQUOR LAWS; "CIVIL DAMAGE" LAWS.] JOINT AND SEVERAL LIABILITIES. Payment of judgment by one of joint debtors discharges 'all, 178. And excuses another debtor from compliance with terms of recognizance. Ibid. Joint judgment cannot be sustained unless joint liability is shown, 337. Statute allowing various parties to negotiable paper to be joined in one suit does not change nature of their liability, 419. JUDGES AND LAWYERS. [See LAW AND LAWYERS.] JUDICIAL NOTICE. [See EVIDENCE,] JUDGMENTS AND DECREES. Judgments of sister states. Article by G. H. Wald, Esq., 3. Officers of court and witnesses being interested in the cost of a suit, may object to compromise decree which would deprive them of judgment against solvent party for costs, 41. Neither a right of action, nor an action pending, is a lien, under sec. 1309 of the Iowa code, which provides that a" judgment against any railway corporation for any injury to any person or property, shall be a lien within the county where recovered on the property of such corporation, and such lien shall be prior and superior to the lien of any mortgage or trust deed exe, uted since the fourth day of July, 1862." B. C. R. & N. R. R. v. Verry, 65. Nature and extent of judgment liens, 117. Lien of judgment destroyed by discharge in bankruptcy of judgment debtor, 224. Judgment can not be set aside after term at which entered, 278 Judgment rendered by default before expiration of day named in summons, may be set aside, 335. Joint judgment can not be sustained unless joint liability is hown, 337. Defective complaint cured by judgment, 376. In an action by attachment, in addition to the indebted ness for which judgment was prayed, plaintiff set out a note not yet due, alleging that it was a lien upon the attached property, and asking that any surplus arising from the sale of such property be applied to its pay. ment; its validity was acknowledged by the defendant, who pleaded a counterclaim. Before the trial the note matured; it was offered in evidence and considered by the jury in arriving at their verdict. To a subsequent action upon the same note, defendant pleaded the former judgment. Held, that no judgment having been prayed therereon in the former case, the note was not in issue as a cause of action under the pleadings, and the judgment therein was not a bar to a future recov. ery. Crum v. Boss, 427. Effect of judgment in action of forcible entry and detainer on actual adverse and constructive possession of occupant under color of title. Bradley v. West (with note). 490. JURISDICTION. Of state courts in suits against national banks, 61. No court except court in which divorce was granted has jurisdiction of action on bond to secure alimony, except by leave of latter court, 194 Federal courts have no jurisdiction in proceedings to establish a will, 227. Courts have no jurisdiction in suits against a state without her consent, nor does unauthorized appearance of attorney general confer it, 232. The suability of counties in the national courts, 262. Of court entering judgment may be inquired into, when such judgment is made the foundation of an action, either in a court of the state in which it was rendered, or of any other state, 358. A personal judgment rendered against one over whom the court has no jurisdiction is void. Ibid. Of equity to enforce provisions of lost instruments, 379. Federal courts have no jurisdiction in trade-mark cases where parties are citizens of the same state, 407. JURISDICTION-Continued. The circuit court of the United States has no power to enjoin the prosecution of an action of trespass in the state court against the marshal for seizing the goods of a third party upon a writ of execution. Evans v. Pack, 409. Courts have no jurisdiction to inquire into the qualifications of members of the legislature. State v. Tomlinson, 449. JURY. [See PLEADING AND PRACTICE.] JUSTICE OF THE PEACE. A justice of the peace received money in his official capacity in satisfaction of a judgment on his docket, and deposited the same in bank 10 his private account. The bank failed before the sum deposited was drawn therefrom. Held, that the justice was liable to the judgment creditor for the amount so received and deposited, 74. An action may be maintained in the circuit court on a judgment obtained before a magistrate, notwithstanding execution has issued under such judgment and has been levied on land and returned into the circuit court for condemnation, 99. Where the maxistrate's court did not render its judg. ment for the correct rate of interest according to the stipulations of the contract, the error will be corrected in chancery, 99. Liability of, to action for official acts, 336. Where the transcript of the justice, or statement filed, fails to show jurisdiction of subject matter (that stock was killed in the township in which suit was brought), the objection may be made for the first time in the ap pellate court, 428. Meaning of "adjoining township." in Missouri statute, as to suits before, Query, 140; answer, 140. LANDLORD AND TENANT. [See also LEASE.] Covenant not to allow house to be used as a "beer shop"; beer sold to be consumed off the premises held a breach of covenant, 96. Tennessee act of 1875, ch. 116, gives the landlord a lien on the crop of his tenant for necessary supplies of food and clothing furnished, without any written contract therefor, 99. Where possession of premises is taken by a defendant under an agreement to exchange which is not carried out by plaintiff, latter cannot recover for use and occupation, 117. What amounts to an eviction, 117. Effect of partial and total eviction respectively, 137. Where a landlord unlawfully enters upon the demised premises and expels the family of the tenant, he is liable for injury to property, and for the wrong inflicted on the feelings of the plaintiff. But plaintiff is not entitled to recover for any injury to his health resulting from exposure from journeying from the premises, 137. Covenant for quiet enjoyment; premises let for a purpose subsequently made illegal, 194. Disclaimer of title; easement. 259. A tenant under no obligation or duty to pay taxes, may purchase the property at a tax sale, made during his term, and resist the recovery of his former landlord for rent accruing after the tax sale, by virtue of an ad. verse title so acquired, 414. Working land or pasturing cattle for an equal share of profits does not make tenant a co-partner with landlord, 499, LARCENY. [See also CRIMINAL LAW AND PROCEDURE.] Illinois statute of limitation as to prosecutions for larceny not repealed by revised statutes of 1874 17 Iudictment for, where articles stolen are of one kind; allegation may be "divers" without stating any special number, 18. What amounts to, 98. LAW AND FACT. [See EVIDENCE.] LAW AND LAWYERS, Death of Judge Breese of the Illinois Supreme Court, 20. A parody on judges' opinions, 40. Organization of the American Bar Association, 60, 180. Death of Judge Shepley, 80. Professional titles, 130. Mr. Justice Miller's reminiscences of the Supreme Court of the United States, 370. Proceedings for disbarment of Hon. C, C. Cole, of Iowa, 420. LAW AND LAWYERS-Continued. Admission of women to the bar, 440. Constitution of the American Bar Association, 474. What is the meaning of the term "shyster," Query, 400; answer, 420. LAW BOOKS AND REPORTS. An author's diatribe, 60 Card from Seymour D. Thompson, Esq., as to "Thompson's Tennessee Cases," 99. LAW REPORTING. [See LAW BOOKS AND REPORTS.] LEAP YEAR. [See DAYS.] LEASE. [ee also LANDLORD AND TENANT.] Covenant in, not to assign without leave not an "usual” covenant, 2. Construction of lease; words "such allowance may be paid in land" construed, 18. In action for rent due on lease, destruction of demised premises by fire no defense, 139. Assignment without consent of lessor; action for rent 416. LEADING ARTICLES AND LEGAL ESSAYS. Annuities, Executions against Trust Funds and, 483. Code of Procedure, A Uniform, M. M. Cohn, 322. Counties, Cities and Towns, Liability of, to Pay back Illegal Taxes Voluntarily Paid, 23, 43. Counties, The Suability of, in the National Courts, 262. Estoppel by Conduct. C. M. Dunbar, 403. Geo. Exceptions, Engrafting, on Statutes of Exemptions. Geo. G. Greene 114. Executions against Trust Funds and Annuities, 483. Fellow-Servant, Liability of Master to Servant for Injur ies sustained through Negligence of, W. H. Dickson, 55, 71. Forced Sales under Mortgages on Homestead. Hon. Wm. Archer Cocke, 103. Foreclosure Suits, Litigation of Paramount Title in, E. F. Warren, 473, Fraudulent Conveyances to Wife, 463. Highways by Limitation or Adverse User, 124. Homestead, Forced Sales under Mortgages on, Wm. Archer Cocke, 103. Illegal Taxes Voluntarily Paid, Liability of Counties, Cities and Towns to Pay Back, 23, 43. Judgments of Sister States. G. H. Wald, 3. Jurisdiction of Federal Courts in Trade-Mark Cases Wm. Ritchie, 143, 153; Wm. Henry Browne, 495. Laws which Pertain to the Remedy and do not Impair the Obligation of Contracts. M. M. Cohn, 363. Liability of Counties, Cities and Towns to Pay Back Illegal Taxes Voluntarily Paid, 23, 43. Liability of Master to Servant for Injuries Sustained Through Negligence of Fellow-Servant. W. H. Dickson, 55, 71. Marriage, Conditions in Restraint of, 223. Married Woman, Reformation of the Deed of a, "Testudo," 182; D. S. Troy, 434. National Courts, the Liability of Counties in the, 262. Negligence, Contributory, in the Loss of a Ship, 454. Negligence of Fellow Servant, the Liability of Master to Servant for Injuries Sustained Through, W. H. Dickson. 55, 71. New Use, Application to, O. F. Bump, 52. Paramount Title in Foreclosure Suits, Litigation of, E. F. Warren, 473. Payment, Construction of an Authority to Receive, 274. Reformation of the Ded of a Married Woman. "Testu"do," 18; D. S. Troy, 434. Servants, Willful Acts of, John F. Baker, 82. State Insolvent Laws; 1. Assignments at Common Law and Under Statutes; 2. Constitutional Limitations; Impairing Obligation of Contract; 3. Laws Impairing the Obligation and those Affecting the Remedy of Contracts. W. P. Wade, 243, 283, 30. Suability of Counties in the National Courts, the, 262. Supremacy of a Treaty and the Sovereignty of a State, the, Hon. Wm. Archer Cocke, 423. LEADING ARTICLES AND ESSAYS-Continued. Trade Mark Cases, Jurisdiction of Federal Courts in Trust Funds and Annuities, Executions Against, 483. Wife, Fraudulent Conveyances to, 463. Willful Acts of Servants. John F. Baker, 82. LEGISLATURE. Qualification of members; right of removal of members 219. Each house of a legislature sole judge of the qualifications of its own members. State v. Tomlinson, 449. Where two amendments of laws are passed by legislature at same time which will prevail? Query, 159; answer, 240. LETTERS. [See, also, INJUNCTION.] The cases in which it is allowable to make use of decoy letters to procure evidence of crime, discussed. U. S. v. Whittier, 51. LIBEL. [See SLANDER AND LIBEL.] LICENSE. [See NEGLIGENCE; VENDOR AND PURCHASER.] LIENS. [See also, ATTORNEY AND CLIENT; JUDGMENTS AND DECREES; MECHANICS' LIEN; VENDOR AND PURCHASER.] Waiver of lien on goods sent to be manufactured, 62. One who takes a horse to train for the purpose of racing, has a lien upon it for the expense and skill bestowed in training it, 157. A gave to B a mortgageto secure a debt on certain cattle, possession remaining in A, and the mortgage being filed. Thereafter, A placed the cattle in the possession of C. who was engaged in the business of feeding and wint ering cattle, to be fed and cared for during the winter. They were in fact fed and cared for by C. Held, that C had a lien upon the cattle for his reasonable charges for feeding and wintering, which was paramount to the lien of the mortgage. Case v. Allen, 468. LIFE INSURANCE. A policy of insurance for the benefit of and payable to the "legal heirs and assigns" of the insured, does not, upon the death of the insured leaving a widow and children, vest any part of the insured amount in the widow, notwithstanding she renounces, in conformity with the statute, the benefit of the bequests and devises made by her will, and elects to take in lieu thereof her dower or legal share in the estate. Gauch v. St Louis Ins. Co., 148. Waiver of forfeiture of insurance policy, 216. Right of mutual companies to issue policies on "all cash" plan; stock policies and mutual cash policies distinguished, 232. Forfeiture of policy; notice, 415, 435. In surrender of insurance policy all persons interested must concur; but company can not impose unnecessary conditions, 418. Determination of contract of insurance by refusal to pay premiums, 482. Under Iowa code, authorizing new trials, upon proceedings commenced within one year from the time the judgment is rendered, the limitation runs from date of judgment of the trial court, and not from the judgment of the supreme court on appeal, 178. Ejectment; adverse possession; when suit must be brought after removal of disabilities, 276. Ejectment; payment of taxes for seven years, 297. Fraudulent concealments which prevent running of statute, are such as are made by persons other than those sought to be charged, 298. The statute of limitations, and the lex loci contractus, 382. Action on mortgage made to secure note will not be barred while the note may be enforced, 416. LIMITATION-Continued. Suit in equity by assignee of bankrupt corporation to charge shareholders on account of money due for the payment of their shares of stock, must be brought within two years; statute begins to run from date of the assignment, and not from the date when the bankrupt court makes the assessment. Foreman v, Bigelow, 430. Payment on outlawed note by administrator of one of two joint makers, does not impair survivor's defense un der statute of limitations, 438. Owner of land who has held possession for five years after exemption, may plead statute in action by holder of back title, 456. What was the law of limitation of Missonri as regards foreclosing mortgages in the year 1862. Query. 320; answer, 340. LIQUOR LAWS. [See also "CIVIL DAMAGE" LAWS.] Sales to minors; degree of proof necessary in such proceedings, 178. In action by parent against dramshop keeper for selling liquor to minor, plaintiff is not required to state kind of liquor sold, nor to give bond as a common informer, 198. Effect of repeal of statute on license to sell, 357. County courts have no power to grant licenses to retail liquors in any given locality after the local option law has gone into effect in that locality, in consequence of a popular vote, and such licenses are void. Young v. Com. 486. On trial of a prosecution for violating the local option law (Ky.), not competent to prove that the requisite number of notices were not posted, or that they were not posted the length of time before the election that the act required, 486. When an order directing the election to be held, and a certificate of the result are produced, and found in substantial compliance with the requirements of the act, the "local option law" is prima facie in force in the city, town or district to which the order and certificate relates, and the only question open for inquiry is wheth er a majority of the legal votes cast in said election were cast against the sale; and on this issue the burden is on defendant, 486. When the local option law takes effect in a given locality it becomes operative as a whole, and suspends pro tanto all inconsistent laws relating to the same subject, 486. MAGISTRATES COURT. [Sec JUSTICE OF THE PEACE.] MALICIOUS PROSECUTION. An action for malicious prosecution, without probable cause, of a vexatious suit can be maintained when. Woods v. Finnell, 48. Where the reputation has not been assailed, or the defendant imprisoned, or his property seized, or its use prevented, the damage should be confined to the loss of time and the reasonable expenses incurred in the defense of the action beyond the ordinary costs. Ibid. Removal from Kentucky to Indiana, for the purpose of bringing suit in the United States District Court for Kentucky, against a resident of Kentucky, is not evidence of probable cause. Ibid. Termination of prior prosecution must be shown, 337. Sufficiency of evidence to rebut malice, 417. Reasonable and probable cause a good defense, 213. Where circumstances constitute reasonable cause, motive which actuates the party making arrest immaterial, 213. That defendant had the charge dismissed not sufficient to prove want of probable cause, 213. MANDAMUS. [See also MUNICIPAL BONDS.] Obligations arising upon contract merely and involving no trust cannot be enforced by mandamus. state v. Republican River Bridge Co., 69. Will lie to compel issue of corrected tax deed, 218. Will not lie to compel county courts to issue warrants on general revenue fund of county to pay judgments on railroad bonds. State v. Walker, 390. Will lie to set aside verdict of aquittal in misdemeanor cases obtained by fraud, 214. Discretion of probate court cannot be reviewed by, 219. Will he to compel judge to sign bill of exceptions, 296. Previous demand or refusal; absence of cannot be objected to for first time in appellate court, 318. MANSLAUGHTER. [See also CRIMINAL LAW AND PROCEDURE.] |