Yocum v. Haskins, Iowa (1892)....46 Northwest Rep. 1065....74, n.

Young v. Guy...

10 Wall. 497.....

INDEX.

A.

ABATEMENT-Effect of death between decision and entry of

judgment, 241.

Election of remedies; when amendment seeking
different remedy allowable, 192.

Terms of allowing; extra allowance, 129.

APPEAL-Effect of finding complaint insufficient, 285.
Necessity of preparing case on appeal from judgment.
entered upon direction of verdict, 293.

Reversal where appellant is entitled to nominal dam-
ages carrying costs, 306.

When refusal of specific findings not ground for
reversal, 319.

Reversal for defect of parties, although not pleaded, 329.
What a final judgment, 329.

ASSIGNMENT-Note on indemnity, assignment and subroga-
tion, 173.

ASSIGNMENT FOR CREDITORS-Effect of excessive prefer-

ences; preference by
extrinsic instrument;
remedy of creditors,
245.

Note on preferential assign-
ments, 258.

B.

BENEFIT SOCIETIES-Contract abridging right to change bene-
ficiary, 134.

[xxxvii]

BENEVOLENT SOCIETIES-Right of trustee to charge for ser-
vices as attorney, 139.

BILLS, NOTES AND CHECKS—Note on continuing contracts with
notes for instalments, 15.

BLASTING-Liability for damages, 158, 166, n.

BROKERS—Stockbrokers; rehypothecation of securities; election
of remedies, 192.

Right of real estate broker to commissions although
contract is never performed; ability of contract-
ing purchaser, 291.

C.

CAUSE OF ACTION-Direct action against indemnitor against
liability for damages, 158.

Note on election between remedies for
indemnity, by assignment, subroga-
tion, express contract and implied
assumpsit, 173.

COMPENSATION-Upon condemnation of corporate franchise, 36.
CONFLICT OF LAWS-Statute of Frauds of another State, 450.
CONSOLIDATION OF ACTIONS--Mechanic's lien cases, 127.
Effect of consolidation on

costs, 131.

CONSTITUTIONAL LAW-Corporate franchises as property

compensation, 36.

Private property; tax sales, 100.
Jurisdiction of courts; right of City

Court to remove action from

Supreme Court under special
statute, 127.

Freedom of speech; right to publish

biographical matter, 372.

Freedom of speech; right to erect

statue of deceased person, 376.

CONTEMPT-Disobedience to order to restore money withdrawn
under judgment, 31.

Proceedings against delinquent purchaser at judicial
sale, 278.

CONTRACT-Rescission; right of party to terminate and effect
thereof, I.

Note on continuing contracts with notes for instal-

ments, 15.

Building contract; assumption of liability for inju-

ries to third persons, 158.

Termination of contract of employment for no

definite period, 300.

Construction of agreement between stockholders of
corporation not to sell their stock, 381.

Statute of Frauds; pleading, 419, 429, 434, 443, 450.
Note on pleading Statute of Frauds, 429.

COVENANT-Restricting building; enforcement by prior grantee;
specific enforcement, 260.

CONVERSION-Pledgor's action against re-pledgee for sale with-
out notice; election of remedies, 192.

CORPORATIONS-Right to compensation for franchises in con-
demnation proceedings, 36.

Building corporations; liability of trustees for
debts, 119.

Summary proceeding to establish election of
officers, 381.

Election of officers; receipt of illegal votes,

381.

Effect of agreement between stockholders not

to sell stock, 381.

Right of directors to adopt new stock book;
requisites of notice of directors' meeting,
381.

COSTS-In consolidated action, 131.

Additional allowance, 281.

Right to costs in abutter's action against elevated rail-
road; when claim of title to real property involved,
306.

COUNTER-CLAIM-Party not obliged to assert counter-claim,

293.

CRIMES-Conclusiveness of testimony of surveyor taken under
stipulation, 71.

CREDITOR'S SUIT-Avoiding assignment and collateral judg-
ments creating excessive preference, 245.
Note on preferential assignments, 258.

D.

DAMAGES-For encroachment of wall, 71.

Right to nominal damages in abutter's action against
elevated railroad, 306.

Note on private rights in a public place, 310.
In abutter's action against elevated railroad, 319.
Physical injuries resulting from mental shock, 362.

Note on the distinction between mental and physical

injury, 371.

DEED-Reservation of riparian rights, 88.

E.

EASEMENT-Note on private rights in a public place, 310. EJECTMENT-Note on relief against encroaching wall, 416. ELECTION OF REMEDIES-Amendment changing remedy,

192.

Note on election between remedies

for indemnity, by assignment, subrogation, express contract and implied assumpsit, 173.

EQUITY-Right of devisee to compel payment of mortgage from

general estate, 225.

Note on special relief in foreclosure, 344.
Protection of right of privacy, 372, 376.

EVIDENCE-Conclusiveness of testimony of experts as to value,

71.

Note on surveys as evidence, 73.

Testimony of physician as to anticipated results

of injury, 78.

Note on examination of physician or surgeon, 84. Presumptions; place of contract; foreign statute, 450.

EXECUTION—Note on relief against encroaching wall, 416.

F.

FORECLOSURE-Right to restrict foreclosure; remedy in second action against omitted party, 329.

Note on special relief in foreclosure, 344.
Adjusting equitable priorities, 352.

FORMER ADJUDICATION-Right to second action of foreclosure against party omitted in first suit, 329.

FRAUDULENT CONVERSION-Giving preference in excess of

statutory limit, 245.