INDEX.

ABANDONMENT.-See HIGHWAYS.

ACCIDENT INSURANCE.—See INSURANCE.

ACCOMMODATION PAPER.-See BILLS AND NOTES.

ACCOUNTING.

when real owner of land is not estopped to maintain bill
to cancel deeds and for an accounting..

ACTIONS AND DEFENSES.

PAGE.

621

the doctrine of assumed risk is applicable only in suits for
damages by servant against master......
when letter of acceptance is a sufficient signing to take
contract out of the Statute of Frauds.....
when a contract not to be performed within one year is
taken out of the statute by part performance...
when process of justice of peace constitutes a justification
of defendant, in action of false imprisonment......... 105
error of justice of peace in holding affidavit for writ of
replevin to be sufficient does not render the plaintiff or
the justice liable for false imprisonment.....
one served with process, though under a wrong name, is
bound by the judgment if he does not plead misnomer. 105'
a proceeding by or against a party described by abbrevia-
tion of christian name is not a nullity.....
the Mechanic's Lien act contemplates but one suit, and all
persons known to have any interest or claim must be
made complainants or defendants...

...

13

25

25

105

... 105

... 132

... 152

when lessees of coal mine may recover substantial dam-
ages for breach of contract resulting in flooding of mine
and destruction of the coal......
when defendant to action by lessees for breach of contract
is estopped to question plaintiffs' rights under the lease. 152
demand is not necessary before bringing a civil suit on
town collector's bond-right to recover interest....... 160

ACTIONS AND DEFENSES.-Continued.

laches is a defense to mandamus to compel a petitioner's
name to be restored to police pay-roll.....

...

......

a meritorious defense to suit at law must be shown upon
a bill to enjoin collection of judgment upon the ground
there was no service of process....
secret restrictions as to use of accommodation paper are
no defense to note in hands of purchaser for value and
without notice
fraudulent representations not going to execution of ac-
commodation note are no defense to note in hands of
purchaser for value and without notice.....
if endorsement is to a fictitious person "or bearer," the fic-
titious name may be stricken out and suit maintained
without endorsement of such name...

....

PAGE.

167

171

177

177

177

238

remedy by quo warranto is not an absolute right-court
may consider motives and position of relator and the
necessity or policy of granting the remedy...... .... 197
order granting letters of administration is not open to col-
lateral attack upon ground that the deceased was a non-
resident and administrator was a stranger....
when release of damages by one administrator bars suit
by second administrator in another county....
"cause of action" and "right of action" are equivalent... 259
giving notice required by act of 1905 is condition prece-
dent to right to sue city for personal injury..... 259
declaration against city in personal injury suit states no
cause of action if it fails to aver that notice to city was
given-limitations ....

....

239

... 259

fact that plaintiff in municipal court misnames his action
does not defeat his rights....

consignor or consignee may sue carrier in tort for loss
of freight

311

311

....

mere fact that post-nuptial contract is inequitable is not
a ground for setting it aside, in absence of fraud, mis-
representation or concealment
wife is not entitled, under the law, to recover for services
for care and attention to husband while they were liv-
ing together

330

...... 331

contingent remainder-man may enjoin future waste which
is certain to accrue-opening new oil wells by life ten-
ant amounts to waste....

... 361

.....

what is merely an attempt to apply doctrine of assumed
risk to a case not arising between master and servant.. 369
People should prosecute certiorari suit not involving pri-
vate rights-who may act as relators....

399

ACTIONS AND DEFENSES.-Continued.

PAGE.

399

a moving party in a judicial proceeding is disqualified to
act as a judge in such proceeding.....
when record of highway commissioners will be quashed.. 399
burden of proof in action against school directors to re-
cover money claimed to have been paid out by them
without authority of law...

409

the mere fact that a party has made a bad bargain is not
ground for setting contract aside.....

433

release and waiver of homestead by deed does not pre-
clude its revival in favor of husband when grantee re-
conveys premises to the wife................
when bill to set aside deed should be retained for purpose
of assigning homestead and dower........
in an action of ejectment no demand before bringing suit
need be proved if the only plea is the general issue.... 450
rule in partitioning property where one tenant in common
has made improvements and others file bill.....
equity will not enjoin drilling for oil to protect a mere
expectancy ...

442

442

465

486

when defense of Statute of Frauds is not waived by put-
ting refusal to perform on other grounds...
when construction of building in portion of old highway
will not be enjoined......

554

593

party relying upon abandonment must make clear proof.. 593
mere delay short of statutory period of limitation does not
bar bill to cancel deeds and compel accounting if there
is no other element present......

621

specific facts must be incorporated in decree in order to
sustain it on appeal, in the absence of a certificate of
evidence

9

APPEALS AND ERRORS.-Continued.

when finding that notice was not served by defendant is
not sufficient to sustain decree canceling tax deed.....
to sustain an award of costs against defendant on setting
aside a tax deed, the decree or a certificate of evidence
must show tender before filing of bill......
instructions not objected to in the Appellate Court can
not be attacked in the Supreme Court....
when an instruction to effect that party signing receipt is
presumed to know its contents is not misleading................
when motion to direct a verdict for the defendant upon
ground that the plaintiff and the person negligent were
fellow-servants is properly denied......

when defendant is not harmed by court's action in allow-
ing plaintiff to file an additional count....
objection that certificate to transcript of proceeding had
no seal comes too late on appeal......

PAGE.

9

9

60

61

102

102

... 105

132

... 191

.......

bill of exceptions is not necessary for presentation and
consideration of errors appearing on face of record.... 123
when want of necessary parties may be availed of on ap-
peal though the objection was not made below......
if proof of a defense is waived or the defense is admitted,
evidence of such fact must be preserved in record..... 171
it is error to refuse to enter a judgment of confirmation
against property for which no objections are filed..... 174
when failure of instruction in criminal case to state the
period of limitation referred to therein is not a ground
for reversal ....
when refusal to allow the defendant time to prepare addi-
tional instruction after jury returns verdict in improper
form is not ground for reversal......
alleged error in denying motion in arrest of judgment can
not be availed of when the question is raised for the
first time in the Supreme Court.....
finding by the Appellate Court as to what was proximate
cause of injury in negligence case is conclusive....... 218
when refusal to strike out testimony of plaintiff that he
did not see what hit him is harmless, in action to re-
cover for injury to plaintiff's eye......

191

201

231

court does not weigh evidence in passing upon motion for
directed verdict-fact that plaintiff's evidence is con-
tradicted cannot be considered......

Supreme Court may enter final judgment, or, in case of
reversal, may remand the cause........

238

... 250

lower court must be governed by Supreme Court's opin-
ion in case cause is remanded..

250

APPEALS AND ERRORS.-Continued.

PAGE.

250

if merits of case have been determined on appeal, the is-
sues cannot be re-tried on remandment-the rule where
merits were not determined on appeal......
when section 286 of Municipal Court act is not in point.. 311
what assignment of errors is sufficient to present every
question reviewable by Supreme Court under the errors
assigned in Appellate Court......

....

319

319

348

instructions must be read as a series-when instruction
does not indicate that jury could assess any damages
unless plaintiff proved a right to recover.....
resort to pleadings, on appeal, to determine the amount in-
volved is allowable only when there was no trial of an
issue of fact in the lower court.....
amount of judgment in action ex contractu controls ap-
pellate jurisdiction if there was no trial of an issue of
fact-when certificate of importance is necessary...... 348
the Practice act of 1907 does not preclude Supreme Court
from reviewing facts in chancery cases....
352
objection of misjoinder of complainants must be made by
demurrer or answer and cannot be first raised on appeal. 362
what does not cure an error in omitting essential element
from instruction authorizing a conviction for receiving
stolen property

378

the Supreme Court will not hesitate to reverse conviction
if evidence of guilt is meager and unsatisfactory.. 378
a constitutional question which is judicially settled is not
ground for direct appeal to Supreme Court........... 413
constitutional question must be fairly debatable to be a
ground for direct appeal to Supreme Court........... 413
what facts do not raise any question of denial of due pro-
cess of law or equal protection of the law..
instruction tending only to encourage disagreement of the
jury should be refused .....

413

... 417

when plaintiff's attorney may denounce the conduct of de-
fendant's foreman as almost criminal.........
question of jurisdiction of court to construe a will may be
raised on appeal though not made in trial court....... 429
trial court cannot be said to have erred if it follows Su-
preme Court's opinion on remandment......
mere reservation of question by trial court presents no
question for decision by Supreme Court..
Supreme Court has power to set aside verdict in will case
clearly contrary to weight of evidence....
naturalization proceeding involving right to exercise elec-
tive franchise goes directly to Supreme Court......... 560

417

465

465

.... 524