JUDGMENT, suits for money paid on, 637.

suits for obtaining, by fraud, conspiracy, or perjury, 639.

suits for payments not credited, 638.

JURY, instructions to, what proper, 602.

LIBEL, evidence to show to whom the libel was understood to apply, 770.
LICENSES, discriminating between resident and non-resident traders, 334.
distinction between regulation and revenue purposes, 332.

exaction of, by municipality, 331.

exaction of, does not violate constitutional provision with respect to uni-
formity and equality of taxation, 332.

exaction of, from foreign insurance companies, 332.

exaction of, from importers of foreign goods, 334.

exaction of, from auctioneers, lawyers, merchants, etc.. 332.

exaction of, when taxation, 331.

for what purposes allowed, 331.

miscellaneous questions, 334.

when deemed an exercise of police powers, 332.

when unconstitutional because infringing on power of congress to regu.

late commerce, 333.

LIEN of master of ship may be assigned, 288.

right to retain goods for, when waived, 288.

MANDAMUS, petition for, what must show, 490.
power of supreme court to issue, 302.

to reinstate attorney, 302.

MARRIED WOMAN, deposit in savings bank in name of, 767.

gift from husband to, 767.

MASTER AND SERVANT, joint liability of, in trespass, 748.

MONEY HAD AND RECEIVED, action for, does not lie for choses in action, 753.

action for, is in nature of equitable suit, 751.

action for, lies only for money, or something regarded as money, 752.
action for, when property has been converted into money, 754.

action for, when something has been received as money, 754.

action for money paid on consideration which has failed, 760.

action to recover money obtained by fraud, duress, mistake, or tort, 758
action to recover money paid under illegal contract, 758.
certificate of deposit is admissible under count for, 757.
bill of exchange is admissible under count for, 757.
express promise to pay need not be shown, 752.

privity between parties requisite to action for, 754.

promissory note is admissible under count for, 754.

MORTGAGE, release of, by taking new mortgage, lets in intermediate mort-
gage, 693.

MORTGAGEE, interest of, is not subject to attachment, 649.

trover by, 679.

MUNICIPAL CORPORATION, liability of, for injuries resulting from non-repair
of streets, 364.

streets, authorizing obstruction of, 487.

MURDER, Conviction for manslaughter prevents party from being convicted
of murder, 603.

deliberation not essential to, 737.

MURDER, describing mode of committing, 738.

evidence that deceased was quarrelsome, 603.
good character, evidence of, in defense, 738.

willful use of deadly weapon is evidence of felonious intent, 736.

NONSUIT, compulsory, when proper, 312.

PRINCIPAL AND AGENT, how agent may sign, 775–777.

signing in presence of and by direction of principal, 777.

QUO WARRANTO is a prosecution, 461.

REMAINDER in chattels may be created, 389.

SATISFACTION by accepting part payment, when valid, 778.
SEAL OF COURT, omission of, 488.

SHERIFF, purchase by at his own sale, 406, 442.

SHIPPING, master of vessel, authority of, to sell cargo, 288.
STATUTE, retrospective, operation of, when allowed, 702.

STATUTE OF LIMITATIONS, against lands held for public use, 486.
foreign corporations, application of, to, 256-258.

in favor of non-resident, 782.

SURETY, signing on condition that another signs, 548.

TROVER by assignee in bankruptcy, 678.

by lessee, 678.

by lienholder, 678.

by pawnee or pledgee, 678.

by person entitled to present possession in suit against owner, 678.
by person entitled to present possession in suit against stranger, 678.
measure of damages, when owner of special interest recovers, 678-680.
rule respecting measure of damages, 678.

TRUSTEES, purchases by, at their own sale, 406.

USURY, action to recover money paid, 702.

VENDOR'S LIEN, transfer of, 435.

VERDICT, amending, by the jury, 398.

WATER percolating in soil, rights to, 357.

right to drain, 357.

WILL, declaration of testator that he was ignorant of existence of will, 168
declaration of testator to prove undue influence or fraud, 167.

declaration of testator to show state of his mind, 168.

imperfect, when may be treated as valid, 685.

olographic, attesting, 93.

olographic, date of, defined, 592.

olographic, dating, what insufficient, 592.

olographic, defined, 591.

olographic, having some words not written by testator, 592.

olographic, made by blind man, 592.

olographic, place of making need not be stated, 592.

olographic, place where must be found, 593.

olographic, requirements of, 592.

olographic, signing, what sufficient, 592.

WITNESS, impeaching, 349.

INDEX.

ABANDONMENT.

Bee ADVERSE POSSESSION, 4, 5; CORPORATIONS, 13; LANDLORD AND TEXANT, 3;
MARRIAGE AND DIVORCE; Statute of LIMITATIONS, 4.

ABATEMENT.

See ATTACHMENTS, 1; TROVER, 7.

ACCEPTANCE.

See COMMON CARRIERS, 5, 7; Negotiable InstrUMENTS, 20–23; Payment, 1.

ACCOUNT.

See FRAUDULENT CONVEYANCES, 4; Judgments, 12; Mortgages, 6.

ACCOUNT BOOKS.

See EVIDENCE, 3-6.

ACCRETION.

See WATERCOURSES, 11.

ACKNOWLEDGMENTS.

1. CERTIFICATE OF ACKNOWLEDGMENT IS ESSENTIAL PART OF DUE EXECUTION
of a deed by which a feme covert transfers her real estate, and unless such
certificate is in substantial compliance with the statute, no title passes
by the deed. Mason v. Brock, 490.

2 OFFICIAL Seal of Notary IS INDISPENSABLE PART OF HIS CERTIFICATE of
acknowledgment of a deed, and unless such seal is added the certificate
has no validity or efficacy. Id.

& NOTARY CAN NOT USE SCRAWL OR PRIVATE SEAL for the purpose of authen-
ticating a certificate of acknowledgment. The provision of law permit-
ting certain officers to use their private seals, until they shall be provided
with public seals, has no application to a notary. He has to provide
himself with an official seal. Id.

4. MISTAKE IN CERTIFICATE OF ACKNOWLEDGMENT MAY BE CORRECTED at
any time by the officer that made it. Jordan v. Corey, 516.

5. CERTIFICATE OF ACKNOWledgment does not Depend for its VALIDITY
upon its being made matter of record, but a deed can not be recorded
without such a certificate as the statute requires. Id.

6. CERTIFICATE OF ACKNOWLEDGMENT OF MARRIED WOMAN MAY BE AMENDED
by inserting therein, by the officer who made it, a statement of the fact
that her acknowledgment was made without the hearing of her husband;
and the certificate, when so amended, will have the same effect as if it
had been properly made at first. Id.

7. MARRIED WOMAN'S CERTIFICATE OF ACKNOWLEDGMENT MUST SHOW that
she was examined without the hearing of her husband, or the deed, as to
her, will be invalid. Id.

8. DEED OF MARRIED WOMAN IS VOID AS TO HER where the certificate of
acknowledgment fails to show her privy examination as required by law.
Healy v. Rowan, 94.

See BANKRUPTCY AND INSOLVENCY; STATUTE OF LIMITATIONS, 4; WILLS, 8.

ACQUITTAL.

See CRIMINAL LAW, 42, 46.

ACTIONS.

See AGENCY, 8-10; ASSIGNMENts of Contracts, 2, 3; ASSULPRIT; ATTACH-
MENTS, 5, 6; BANKRUPTCY AND INSOLVENCY, 4; CONTRACTS, 3; CORPO-
RATIONS, 3-5, 14; DEBT; ESTATES OF DECEDENTS, 1; EVIDENCE, 30; Ex-
ECUTORS AND ADMINISTRATORS, 12; JUDGMENTS 4, 10, 22, 23; JUSTIUES
OF THE PEACE; NEGOTIABLE INSTRUMENTS, 11, 12, 22; REPLEVANJ
SALES, 2, 7; TRESPASS; TROVER; WITNESS, 1.

ACTS OF D.

See COMMON CARPIERS, 9, 10; WILLS, 3.

ADMINISTRATION.

See FCUTORS AND ADMINISTRATORS, 1, 2, 9.

ADMINISTRATORS.

See EXECUTORS AND ADMINISTRATORS.

ADMINISTRATORS DE BONIS NON.
See EXECUTORS AND ADMINISTRATORS, 9-12.

ADMISSIONS.

See EVIDENCE, 9, 22, 26, 27.

ADVERSE POSSESSION.

MERE POSSESSION OF LAND OF ITSELF does not necessarily imply a claim
of right. Inhabitants v. Benson, 618.

2 TERMS "OPEN," "NOTORIOUS," "ADVERSE," AND 66 EXCLUSIVE," when
applied to the manner in which land is held, indicate a claim of right.
The terms constitute a definition of disseisin, and will be so construed
unless explained by other evidence. Id.

3. DISSEISEE'S RIGHT OF ENTRY or any action by him to recover the right to
enter is barred by limitation when the disseisors have held the premises
by a continual disseisin for twenty years. Id.