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MARRIAGE-Continued.

Effect of marriage between negro and white person in another state valid under the laws of that state, but void under the law of the actual domicil. State v. Kennedy, 391.

Effect of marriage between negro and white person in an. other state between parties actually domiciled there, who afterwards remove into a state where such marriages are prohibited. State v. Ross, 392. Between whites and negroes in Texas; prohibitory stat ute held repealed in pursuance of the maxim cessante ratione, lex cessat. State v. Webb, with note, 588. MARRIED WOMEN.

[See also HUSBAND AND WIFE.]

Contract by married woman raises presumption that she intended to bind her separate estate in Missouri, which presumption is not disputable by parol, 165.

Clause in a deed which gives married woman full power of disposition quoted, 165.

Mortgage by married woman, husband not joining, void in Illinois, 166.

But court of equity may establish a lien upon it; such lien not retroactive, 167.

Conveyance to married woman which was held to pass separate title chargeable with payment of a note executed by her, 213.

Deed of husband and wife; wife's name not appearing in granting clause, insuflicient evidence to pass wife's separate estate, 239.

Intention to charge separate estate must be gathered from written contract and not provable by parol, 382. Effect of executing note and giving lien upon a portion of her estate, 382.

Law of estoppel as applicable to married women. Article by Hon A. Iglehart, 507, 579.

Equitable rights of wife in the mortgaged estate of her husband. Thames Loan & Trust Company v. Julian, 534. Right of wife to require that her interest shall not be sold if her husband's interest will sell for enough to satisfy the debt, 534.

Married woman's note; validity of judgment rendered upon note of married woman, 549.

Married woman joining husband in conveyance of land held in her own right, estopped, etc., from setting up her own title, etc., 599.

MASTER IN CHANCERY.

[See also AUDITOR; REFEREE.]

Error to allow fees to, in excess of those prescribed by statute, 382.

MAXIMS.

Falsus in une, falsus in omnibus. 213, 579.

Cessante ratione, lex cessat, 588.

In pari delicto potior est conditio possidentis, 308.

MEASURE OF DAMAGES.

[See DAMAGES.]

MECHANICS' LIENS.

Husband can not, without direct authorization of wife, make such a contract as will fix a mechanics' lien upon her separate estate, 23, 24.

Contractor can not bind estate by sub-contract with lien greater than the amount of original contract price, 24. Owner can not, by improvident payments and notice to sub-contractor, defeat his right to lien for materials furnished subsequent to such notice, 24.

Suit to enforce; demurrer because petition does not state facts sufficient to constitute a cause of action, 47. When lessee has right to remove improvements at end of term, lien will not attach to land, 48.

Lien of sub-contractor in Illinois; extent of a notice to enforce, 143.

A joint lien cannot be taken on several buildings, 215. Not necessary to aver that lumber was used for the building, 240.

Intervening defendant may not question judgment establishing lien, when, 263.

Sub-contractor may secure lien on public school houses in Kansas, 358.

Sub-contractor may enforce lien although owner agreed to pay him; may proceed also against original con. tractor for contract price, 478.

The status of journalists under New York statutes, 96. Subsequent purchaser or incumbrancer a proper party, 480.

Bellers of wind engines and pumps not entitled to lien on railway under Iowa statutes. Taylor v. B., C. R. & M. Ry. Co., 535.

Effect of taking collateral security to defeat right to mechanic's lien, 535.

MECHANICS' LIENS-Continued.

Mechanics and material-men entitled to lien on railways, 536.

Such lien dates from the commencement of the building of the railway, and is prior to a mortgage executed pending the building of the railway before the work was done or material furnished for which the lien is claimed, 536.

Relative rights and priorities of mechanics and mortgagees considered and determined, 536.

Within what time must a mechanic's lien be filed and enforced, 536.

Lien for railroad supplies. Letter by C. W. Hassler, Esq., 544.

Time within which sub-contractor must file lien in Kansas, 596.

Sub-contractors entitled to payment pro rata out of contract price, 596.

Cap. 45 of Kansas laws of 1865 giving mechanics a lien on railroads repealed, 575.

To what interest in land the lien extends; owner will not be heard to deny his title, 332.

Petition to enforce lien wrongly addressed, 550.

MERCANTILE AGENCIES.

Liability of, for giving false information, 421. MERGER.

Merger of promissory note in Judgment; no merger in void judgment, 143.

MILL-DAMS.

Judgment of abatement; sale by title-bond by owner of land; default of purchaser and re-possession, 550. MISNOMER.

[See NAMES.]

MISTAKE.

Fraud or mistake in affixing signature to written instrument, 381.

Power in the Supreme Court in Wisconsin to relieve from judgment on the ground of mistake or surprise, 431. Payment by executor to third party with acquiescence of person entitled to claim for the payment, 595.

MONEY.

Contract to pay rent in current silver money of the U. S. Tender of rent in silver dimes held not good, 334. Effect of promissory note payable in gold coin of the U. S. together with stipulation that if paid "at maturity or before suit is brought thereon," then it shall be payable in lawful money of the U. S., 343.

Meaning of the word "dollar" in a note may be shown by parol, 408.

Parol agreement at time of execution of bond payable in current funds may not be set up, 408.

MORTGAGES.

[See also LIMITATION; REDEMPTION.] Of Personalty.

Seizure under mortgage of a stock of goods where identity has been lost; right of mortgagee upheld against subsequent purchaser. Leland v. Collver, 7.

A mortgaged stock of goods compared to a trust fund in equity. Ibid.

Right of mortgagee to insure where covenant to insure is not kept by mortgagor. Ibid.

Fraud when mortgagor is allowed to sell; article by 0. F. Bump, Esq., 218.

Mortgage of future property. Phelps v. Murray, 583. Mortgage of stock of goods in a particular store and any other goods which may from time to time be purchased by the grantor, etc., võid per se. Ibid.

Party may waive mortgage of chattels and attach, 551. Defense of garnishment and collusive assignment of mortgage, good, 312.

Of Realty.

Mortgagor entitled to rents and profits until foreclosure. Railroad Co. entitled to income of mortgaged road until seizure by trustees. Mississippi Valley, etc., R. Co. v. United States Express Co., 42.

Proceedings to set aside sale; mortgagor receiving surplus can not maintain, 288.

Nebraska statute in regard to absence from state; disability or non-residence applies to actions to foreclose mortgage, 288.

If the note is barred, the mortgage securing it is also barred, 288.

Mortgage to secure future advances, 310.

A second mortgagee can not plead usury in a prior mortgage. Pritchett v. Rollins, 198.

When mortgagee can not purchase so as to foreclose equity of redemption, 214.

MORTGAGES-Continued.

Status of the mortgagee with power to sell, 239.
When sale without decree of foreclosure will be permit-
ted, 239.

When court will enjoin mortgagee from selling, or, in
case of sale, require him to account, 239.
Construction of Missouri statutes in regard to foreclos-
ure of mortgages to secure loans of school fund; juris-
diction of the supreme court in such case, 262.
Owner of land attending and bidding at sale may not,
after lapse of time, urge inadequacy of price, 263.
Deed of trust on main line of Arkansas R. R. Co. not
applicable to real estate having its situs across the
Mississippi in Tennessee, and such property may be
attached, 430.

Aliter as to cars and monies, 430.

Power to sell continues as long as debt survives, 456.
Mortgage containing conditional obligation to pay money
set out and construed, 479.

Securing money which was never loaned, inoperative,
503.

Endorsement of note to prior mortgagee an extinguish-
ment of the debt, 551.

Stipulation to pay without relief from appraisement and
valuation laws, 479.

Covenant to pay at a specific time, 336.

Mortgagee may maintain action at law upon a note, 336.
Mortgagee may maintain action at law upon a covenant
in the mortgage to pay, 336.

Separate action for payment of money and for foreclos-
ure; effect of election by plaintiff, 336.

Right to foreclose in Nebraska against estate of decedent;
failure to present claim for allowance to administra-
tor, 335.

Rights of a holder of a recorded but unindexed mortgage;
article by Jno. F. Baker, Esq, 340. [See also NOTICE.]
Circumstances under which a pledge of rents and profits
can be made available to mortgagee. Am. Bridge Co, v.
Herdelback, 367.

Mortgage securing future advances; rights of subsequent
purchaser or incumbrancer; advances relate back and
have preference over claims of subsequent purchasers
or incumbrancers; exceptions to this rule; illustra-
tions. Brinkmeyer v. Browneller, 370.

Equity of redemption not subject to attachment in Mas-
sachusetts, 551.

Judgment of foreclosure; putting plaintiff in possession,
383.

Foreclosure of mortgages under the New York code;
proof of service of notice; foreclosure for greater sum
other than that named in the mortgage; publication of
notice of sale; what notice of sale will not invalidate
sale. Mowry v. Sanborn, 394; note by N. C. Moak, Esq.,
398.

Value of land, how ascertained where it has been con-
veyed since the mortgage, to a railroad, 458.
Written agreement between mortgagor and subsequent
purchaser competent evidence against subsequent pur-
chaser in action to foreclose mortgage, 597.
MUNICIPAL BONDS.

[See also RES ADJUDICATA.]

In an action by the bona fide holder of a negotiable mu-
nicipal bond purchased before maturity, without notice
of its invalidity other than that imparted by the legis-
lative journals, it can not be shown by such journals
that a law, printed and promulgated as such by the
state authorities, and under which the bond on its face
purports to have been issued, is null and void, because
not enacted in conformity with the requirements of the
state constitution, although such evidence must have
been admissible against one not a bona fide holder.
Bradley, Miller, Davis and Field, JJ., dissenting. South
Ottawa v. Perkins, 132.

But see note by M. A. L. criticising this case, 137 to 140.
Decision reversed on rehearing, 442.

Not competent for yoters of township in Missouri to
waive condition in subscription to railway stock. State
v. Daviess Co., 224.

In an action by a bona fide holder of a negotiable munic-
ipal bond, defendant may show by legislative journals
that the law authorizing such bond is null, because not
passed in conformity with the constitution. Town of
South Ottawa v. Perkins, 442.

Precinct bonds in aid of wagon roads in Nebraska; prop-
osition voted on need not contain provision as to levy
of taxes, 574.

MUNICIPAL CORPORATIONS.

[As to special tax bills for street improvements, see TAX-
ATION.

As to liability of municipal corporations for negligence.
see NEGLIGENCE.]

The scheme and charter for the government and separa-

MUNICIPAL CORPORATIONS-Continued.

tion of St. Louis city and county, and for the govern.
ment of the city, 25.

Special assessments for street improvements can not be
sustained where the amount of the assessment is
greater than the value of the property, 47.

Forcible entry and detainer by; liability of, for torts of
its agents, 95.

Assignment of debt due as salary of office from municipal
corporation; mode of procedure on the part of assignee
to subject such debt, 262.

Municipal laws must be executed by municipality alone,
264.

Recitals in municipal charter evidence of pre-existing
charter, but not of powers thereby granted, 264.

Power of, to regulate the landing of boats at different
wharfs. Keokuk v. Keokuk Northern Line Packet Co.,
276.

Power to collect wharfage fees graduated upon tonnage
of vessels. Ibid.

When liable for trespass, 468.

Liable for establishing new channel of river across
plaintiff's premises, 468.

Presumption that a city has been properly incorporated
503.

Duty of city to keep bridge in repair, or to erect one in
place of bridge suffered to decay, 503.
Legislature has no power to impose liability upon a mu-
nicipal corporation without its assent. Hoagland v. City
of Sacramento, with note, 521.

Not subject to garnishment in respect of its employees'
wages, 502.

In action against municipal corporation for destruction
of property by a mob, it is no defense that the property
was used in such a manner as to constitute a nuí-
sance, 185.

Condemning land for parks; special assessments; who
are the corporate authorities of a town in Illinois, 239.
When an ordinance creating an offense already punish-
able by law is void, 287.

Discussion of the subject of sewer taxes, 307.

Illinois Act of 1872, section 44, not applicable to condem.
nation of property, 167.

All questions to be submitted to the same jury, 167.
Mode of selecting jury; number of challenges, 167.
Right of municipal corporation to sell soil taken from
street in grading it; purchaser can not defend against
city by showing that soil belonged to adjacent land-
owner; query, whether such soil is the property of
the adjacent owner. Griswold v. Bay City, with note

by Hon. T. M. Cooley, 201.
Action against city for failure to open street; mandamus
the property remedy, 210.

Legistative recognition of right to construct railroads
within city limits, 406.

Public right to use street railroad track for ordinary
vehicles, 410.

Streets of towns in Iowa may be occupied by railways
without consent of adjacent proprietors. Barney v.
Keokuk, 491-2.

What constitutes abutting property, 569.

Liability of City of St. Louis for loss occasioned by
change of grade of street under section 1, article 12 of
its charter; defense that work of changing grade was
not completed, 286.

Right of railroad company to maintain a railroad for the
propulsion of steam cars on the street of an incor-
porated city, and right of city to regulate use of its
streets, 286.

MURDER.

[See HOMICIDE.]

NAMES.

The ancient doctrine that but one christian name is
known to the law overruled in Maine, so that "Henry
M. Hawkins" was a misnomer for "Henry F. Haw-
kins." 87.

NATIONAL BANKS.

Power of national banks to receive collateral security;
liability of national banks for loss of bonds deposited
for that purpose; measure of damages in such case, 496.
NEGLIGENCE.

In General.

When a question of law and when a question of fact.
Fernandez v. Sacremento City R. R., with note by A. C.
Freeman, 82-4.

Action for injuries caused by negligence in excavating
near walls of plaintiff's house. 238.

Landlord answerable for negligence of tenant, when, 503.
Liability of owner of property for injury to passer-by
from falling on ice and snow, 506.

NEGLIGENCE-Continued.

Action for damages for keeping ferocious dog; evidence
as to character of dog, 329.

Negligence in Texas a question for jury. Texas, etc., R.
R. v. Murphy, 55.

A question for jury, 311.

Contributory Negligence.

In action by husband and wife for injuries to wife, no de-
fense that husband was guilty of contributory negli-
gence, 189.

Brakeman attempting to pick coupling-pin from the
track, 360.

Instruction to the effect that plaintiff was entitled to re-
cover for the injury if he did not by his own careless-
ness contribute thereto, correct, 360.

Presumption that plaintiff was free from contributory
negligence, 573.

When a question of law and when a question for the jury,

573.

Rule of comparative negligence illustrated; person killed
while walking on railway track, 213.

Negligence not imputable to parents for not keeping con-
stant watch on child four years of age, 168.
Master and Servant.

Action for injuries resulting to a workmen from an al-
leged failure to employ suitable materials for a scaffold;
grounds of recovery; what evidence is necessary;
263.

Liability of corporation for injury to servant through the
negligence of fellow servant; article by Lex, 483.
Duty of employer as to employees of tender years, 191.
Injury caused by obeying order of defendant's superin-
tendent ground of recovery against defendant, al-
though plaintiff was at work for a sub-contractor, 238.
Master not liable for injury to servant through defective
scaffolding erected by servant and his fellows, 334.
Decision of the Supreme Court of Missouri in Proctor v.
H. & St. J. R. R., (4 Cent. L. J. 299) overruling Schultz
v. Pacific R. R., construing the Missouri Damage Act
with reference to the liability of master for injuries
by one servant upon a fellow-servant, criticised, 401.
Liability of employer for injuries caused to servant
through defect in tools supplied by fellow-servant, 384.
Employer not liable for negligence of contractor in
performance of contract. Howe v. Johnson, 462.
Relation of master and servant does not exist where the
work is done under the direction of an independent
contractor, 462.

Ground of liability of railway company to servant, 431.
Missouri Damage Act, sec. 3. does not change the com-
mon-law non-liability of master in case of injury in-
flicted by one servant upon another, 289, 299.

Proximate and Remote Cause.

The contributory negligence which will justify a nonsuit
must have proximately contributed to plaintiff's in-
jury, 82.

Horse breaking loose from hitching post in consequence
of being frightened by another runaway team, and
after running some distance injuring a person on
the street; defective hitching post not the proximate
cause of the injury, 166.

Liability of owner for escape of water from reservoir
caused by excessive flood; vis major or act of God the
proximate cause of damage, when; case of Rylands v.
Fletcher, distinguished. Nichols v. Marshland, 319.
Railway Companies.

Negligent killing of child; contributory negligence of
deceased, 24.

What plaintiff, in action against railway company for
personal injuries, must prove. Texas, etc., R. R. Co. v.
Murphy, 55.

Killing person walking on track; contributory negli-
gence; jury not confined to one act, 213.

Not wanton negligence to run railway trains at a higher
rate of speed than prescribed by a municipal ordinance,
214.

Fireman is not presumed to know the unsafe condition
of the track, 332.

Brakeman attempting to pick coupling pin from the track,
360.

Fire communicated by locomotive; presence of combus-
tible material on plaintiff's land not contributory neg-
ligence, 383.

When conductor is not chargeable with notice of persons
in box car, 407.

Necessary to aver, in an action against a railway com-
pany before a justice of the peace, that the railroad
was not fenced, 431.

Ground of liability of railway company to servant; lia-
bility for using upon its track a car with a defective
brake-beam, 431.

Killing child of tender years, 526.

NEGLIGENCE-Continued.

Injury to one on platform who was not a passenger, 527.
Liability of railway company for injury sustained by pas-
senger at the hands of a fellow-passenger; duty of
conductor to protect passengers from insult and in-
jury; conductor's knowledge of injury threatened and
power to prevent; exemplary damages awarded under
the facts. N. O., St. L. & C. Ry. Co. v. Burke, 539.
Liability of railroad contractor for injuries to children
by unguarded and unfastened turntable, 549.
Company liable for injury to employee by another em.
ployee who is grossly and notoriously unfit for service,

550.

Right of action against railway companies for personal
injuries, 543.

Killing stock; failure to ring bell or sound whistle, 599.
Killing cattle, where a cattle-guard could not be main-
tained without obstructing public passage, 599.
Killing boy who had got under car to gather wheat, 599.
Blowing of steam whistle, when negligence and when
not, 288.

Effect of stacking hay near the railroad track with dry
grass intervening, 311.

Municipal Corporations.

Action does not lie to compel city to open street in a
given length of time, 143.

Not actionable negligence in city to fail to light streets,
143.

Right of action for injury by falling into a hole in conse-
quence of failure of city to light streets, 143.

Duty of city in providing safe hitching posts; reasonable
care only required, 166.

Gross negligence in, to permit ditch filled with five feet
of water without guards in a populous district, 168.
Liability of town for damages caused by fright of horse at
obstruction in highway whether the obstruction was
the proximate or remote cause, 187.

Non-liability of municipal corporation for insufficiency
of sewer 189.

Right of recovery where married woman was injured in
consequence of the defective construction of a market-
house, 189.

The fact that husband occupied the market-house with
wife no defense, 189.

Extent of duty of municipal corporations in keeping
streets in repair; contributory negligence, 189.
Circumstances under which a city will be liable for dam-
ages caused by defective sidewalk illustrated, 358.
Liability of city for overflow of water through improper
construction of streets, 359-60.

Liability for defective streets; injuries where insufficient
barriers have been erected by private person making
excavations; appeal; costs, 360.

Duty of town to erect barriers around dangerous place
in highway, 576.

Aliter, if the dangerous place is at distance from high-
way, 574.

NEGOTIABLE AND ASSIGNABLE PAPER.

Discharge of maker by the addition of another maker
without consent of the former; the obligation binding
on the latter maker. Dickerman v. Minor, with note by
M. A. Low, Esq., 14.

Endorsement on back of bill of exchange that if the bill
should be sued upon, a reasonable attorney's fee should
be allowed, does not destroy its negotiability, 94.
Stipulation in note to confess judgment construed to au-
thorize general and not special judgment, 143.
Treasurer's order in Illinois negotiable; county bond or
order payable to bearer in Illinois negotiable by deliv-
ery, 144.

Aliter, in case of a county bond or order payable to a
person therein named; this must be transferred by in-
dorsement, but equitable title will pass by delivery, 144.
Possession of negotiable instrument, when prima facie
evidence of ownership, 144.

Right of owner of lost negotiable instrument to main-
tain trover for its value, 144.

Equitable owner of lost note may not maintain action
against innocent purchaser; loss must fall upon loser
for his negligence, 144.

In transfer of stocks, trust not presumed; presumption
is that equitable follows legal title, 164.
Requisites of negotiability stated; when a certificate of
deposit is negotiable, 214.

Under what circumstances giving of negotiable paper is
not assignment of debt, 215.

Transfer of dishonored paper; release of indorser; de-
mand and notice of payment, 238.

What constitutes a negotiable note; note promising to
pay at the expiration of a specified time if the sum is
made from the sale of an article mentioned, is negotia-
ble. Walker v. Woollen, 248,

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NEGOTIABLE AND ASSIGNABLE PAPER-Continued. Negotiability of notes issued by building associations; liability of indorsers thereon; effect of semblance of seal does not destroy the negotiability of the instrument, 284.

Promissory notes given for excessive sum void only as to excess, 486.

Indorsement before maturity as collateral security for debt; rights of endorsee, 407.

Demand upon endorser one day too late discharges him, 431.

Bills of exchange drawn against shipments, specific appropriation of proceeds of sale of goods shipped, to the payment of bills of exchange drawn against them in case of bankruptcy of purchaser, 473.

Status of third party who endorses the note before it has been endorsed and transferred to the payee, 502. Endorsement by factor upon check used in remitting money, 502.

Maker not liable on note given to bank making colorable show of assets, 502.

Rights and liabilities of acceptor of bill of exchange, 527. Contribution between accommodation parties to a note; parol evidence admissible to show nature of the transaction; presumption that accommodation makers are co-suretics, 571.

Implied authority to fill blanks in promissory note does not extend to authority to alter anything which is complete, 588.

Days of grace, 599.

Authority to fill blanks in promissory note, when implied, 527.

Evidence of parol agreement that endorser shall not be bound, 551.

Effect of joining in note signed by principal and by one as his surety, and entrusted by surety to principal without limit to his authority, 571.

Right of one surety to stipulate that he signs as surety for one of the prior parties and not as co-surety with the prior surety, 571.

Such stipulation need not be in writing but may be shown by parol, 571.

Time for giving notice of protest; article by W. P. Wade, Esq., 242.

Notice of protest, by whom and to whom given; articles by W. P. Wade, Esq., 267, 364.

What is sufficient notice of protest, 528.
Duty of notary to give notice of protest, 575.
Certificate of deposit when negotiable; remedy of final
endorsee in such case, 309.

Note taken for pre-existing debt, no payment, when, 312. Necessity for producing or accounting for note at trial, 212.

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[See also EASEMENT; CONFISCATION.]

What constitutes a sufficient notice of dissolution to discharge a member of a firm from a claim of one who had no dealing with it prior to its dissolution, but who knew of its existence, etc. Lovejoy v. Spafford, 80. Possession of real estate as notice of adverse title; article by W. P. Wade, Esq., 122.

Notice to agents; article by W. P. Wade, Esq., 195.
Notice by publication; article by W. P. Wade, Esq., 221.
Time for giving notice of protest; article by W. P. Wade,
Esq., 242.

Notice of protest, by whom and to whom given; articles by W. P. Wade, Esq., 267, 364.

Effect of recording a deed without indexing as notice to subsequent purchaser, 387, 446, 568.

Publication in journals, printed on patent outsides, 529. Received from title papers; article by W. P. Wade, Esq., 458.

NOTICE-Continued.

What is due notice of protest, 528.

Actual notice; article by W. P. Wade, Esq., 291. By publication; letter of L. G. H. explaining statute of New York in regard to provisions of that state requir ing notice of execution sale to be publicly advertised previously for six months, 305.

NOTICE TO QUIT.

[SEE FORCIBLE ENTRY AND DETAINER.] NUISANCE.

Distinction between nuisance and trespass; continuing wrong doer. Kansas Pacific R. R. Co. v. Mihlman, 108. A party who enters another's lands and commits a trespass by digging a ditch, is liable as a trespasser if he reenters to fill up the ditch. Ibid.

In action against municipal corporation for destruction of property by a mob, it is no defense that the property was used in such manner as to constitute a nuisance, 185.

Action for nuisance for permitting dead animal to remain on premises does not survive on death of husband, 189.

County not liable for nuisance in erecting a public jail near plaintiff's residence nor for keeping it in a filthy condition, 335.

Action for damages for keeping ferocious dog; evidence as to ferocious character of dog, 329.

Noise caused by ringing of church bells in city, when a nuisance; injunction to restrain such nuisance, 329.

OBITER DICTA.

Nothing authoritive in a decision, except what is required to be decided. Love v. Miller, 152. OBLIGATION OF CONTRACTS.

[See CONSTITUTIONAL LAW.]

OBSTRUCTING HIGHWAY.

Requisites of indictment for, 430.

OFFICES AND OFFICERS.

Vacancy in office, when successful candidate is duly qualified. State v. Seay, 156.

Right of usurping officer to abandon office before his successor is duly elected and qualified. Ibid. Whether a vacancy exists in an office is a judicial question. Ibid.

Remedy against defaulting constable, 572.

In a suit against officers in their official capacity, where they subsequently go out of office, it is error to permit plaintiffs to change cause of action and to litigate at the costs of such original defendants, 575.

Road supervisor, when acting in good faith within scope of authority, not liable personally; sufferers must resort to statutory mode of redress, 549.

Statute providing penalty against town constable for refusing to qualify, constitutional, 287.

OFFICIAL BONDS.

Plaintiff in action on constable's bond need not prove that constable received the money, 548.

PARLIAMENTARY BAR.

Necessity for the organization of, 217. PARTIES.

In suit in equity to divest title of feme covert or minor, the trustee must be made a party. O'Hara v. MacConnell,

20.

Case of refusal to set aside judgment and dismiss an appeal, upon showing that defendant was not administrator at the institution of the suit against him as such,

23.

PARTITION.

Equity jurisdiction an ancient one, and not ousted in Missouri by statute of partition, 166.

No power to order sale of land when one defendant is tenant by curtesy, 191.

PARTNERSHIP.

What constitutes a sufficient notice of dissolution to discharge a member of a firm from a claim of one who had no dealing with it prior to its dissolution, but who knew of its existence, etc. Lovejoy v. Spafford, 80. Construction of bond to liquidate debt of partnership in a particular case, 142.

What circumstances constitute a person a partner so as to bind him by the acts of his co-partner, 237. Dower in partnership estate, 548

Suit by partner against partnership, 596.

Member of partnership after dissolution can not act as agent of creditor, 550.

PARTNERSHIP-Continued.

Liability of partners for acts of each other; party claiming limited liability must show notice to creditors when, 288.

PASSAGE OF LAWS.

In an action by a bona fide holder of a negotiable municipal bond purchased before maturity, without notice of its invalidity other than that imparted by the legislative journals, it can not be shown by such journals that a law, printed and promulgated as such by the state authorities, and under which the bond on its face purports to have been issued, is null and void, because not enacted in conformity with the requirements of the state constitution, although such evidence would have been admissible against one not a bona fide holder. Bradley, Miller, Davis and Field, JJ., dissenting. South Ottawa v. Perkins, 132; but see note by M. Ä. Low, Esq., criticising this case, 137 to 140; decision reversed on rehearing, 442.

PATENT LAW.

Birdsell's patent for clover-huller; Hagerstown double huller-clover machine not an infringement, 211. Jurisdiction of state courts in cases arising under patent right laws; article by Wm. Conner, Jr., 555.

PAYMENTS.

When giving of a note is deemed a payment of the precedent debt, 215.

Payment to administrator irregularly appointed, 382. Acceptance of note by one of several joint-debtors not a satisfaction, when, 288.

PEDDLERS.

Recent Statute of Missouri concerning, 505. PENAL BONDS.

Bond for penalty given under local act of 1855 (Mo.) for property seized on execution not a bond for the payment of money within the meaning of section 5, page 809 Wag. Stat., 478.

Amount of penalty in excess of jurisdiction of justice of the peace, case must be dismissed, 478.

PERJURY.

Authority to issue the oath upon which perjury is assigned; oath administered by de facto officer, authority presumed; aliter in case of persons not public functionaries, 94.

"PERSON."

[See INTERPRETATION.]

PLEADING AND PRACTICE.

[As to pleading in cases of Admiralty and Maritime Law, see that title.]

Amendment.

Circumstances under which amendment was properly allowed, 572.

Defects in pleading cured by, when, 573.

In suit against officers in their official capacity, where they subsequently go out of office, it is error to permit plaintiff's to change cause of action and to litigate at the costs of such original defendants, 575. Amendments after verdict, 575.

Affidavit for attachment, when amendable, 288.

When court may permit officer before whom affidavit is made to attach à venue, 288.

Correcting name of defendant in case of appeal from justice, 332.

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Conduct of Trial.

Not error to refuse to submit issues of fraud to jury, when, 165.

Order of proof a matter of discretion; declaration of conspirator may be admitted against his co-conspirator before proof of such conspiracy is made, provided it is afterwards made. Miller v. Barber, 177. Discretionary to receive evidence after case is closed, 358. Habit of judges in interrupting counsel, 529.

Refusal of court under Kansas Code to make separate findings of law and fact, error, 431.

Error to order a party out of court-room during examination of a witness, 213.

PLEADING AND PRACTICE-Continued.

What should be stated in opening a case to the jury. Scripps v. Reilly, 128.

Appellate court will review exercise of discretion by inferior court in proper cases, as where counsel are allowed to open a case improperly. Ibid. Continuance.

Affidavit for continuance on account of defendant's absence at trial must show what, 167.

No error to refuse to postpone trial to procure defendant's attendance as witness, 167.

In Kansas, error to force party to trial at first term, 597. Facts stated where refusal of a continuance was held error, 287.

Declaration; Petition.

In Indiana, where defendant is sued by a name importing that it is a corporation, not necessary to aver that it is such, 168.

In declaration for a libel, not necessary to aver manner and extent of publication, 168.

Petition must show some interest of plaintiff in the controversy or legal right to use his name, 189.

What allegations are necessary in an action on a sheriff's bond, 238.

In suit to enforce mechanic's lien not necessary to aver that the lumber was used for the building, 240. When in an action for malicious prosecution it is not necessary to aver that the accusation was falsely made, 264.

When an objection to introduction of evidence on ground of variance will be sustained; when plaintiff will be required to amend before trial; variance between petition and reply, 337.

Averment in a complaint against the maker of a defective abstract of title, 382.

In action to quiet title delivery of deed to petitioner must be averred, 480.

Not necessary to aver the incorporation of a city, 503. Declaration that a mare was "a good mare" not a warranty of soundness, 527.

Petition for lien wrongly addressed, 550.
Profert of instrument sued on, 572.

Necessary averments in petition to rescind contract on ground of fraud, 574.

Requisites of petition in replevin in Nebraska, 479.

If note is void for any cause recovery may be had on common counts, 406.

Claim for recovery can not be joined with action against clerk and master for purchase-money, 408.

Defenses.

In an action against sheriff for false return and releasing property taken in execution, not sufficient to plead that the property levied on belonged to another persou, if a person other than the person named in the execution, if the defense is that the property was exempt; in such case the fact of the exemption must be pleaded, 165. Uncertainty in pleading; defense to promissory note, 479. Allegation of new matter in defense, 569.

General denial puts title in issue, 501.

Not sufficient in North Carolina to aver "that no allega. tion of the complaint is true," 214.

Effect of pleading statute of frauds in Missouri in amend. ed answer; effect of answer as evidence, 95. Necessary to plead attachment bond in order to recoup for damages sustained by attachment in the same action, 240.

In an action by municipal corporation against a steamboat owner, to recover wharfage dues, a defense that the fees are excessive and therefore unconstitutional, as being a duty of tonnage, must be specially pleaded. Keokuk v. Keokuk N. L. Packet Co., 276. Demurrer.

Effect of demurrer on the ground that "petition does not state facts sufficient to constitute a cause of action," 47, Effect of stipulation for judgment on demurrer in suit to enforce mechanics' lien, 47.

Case where demurrer to a reply which states that a certain contract was executed on Sunday will not raise the question as to the validity of the contract. Johns v. Bailey, 90.

Defense of statute of limitation raised by demurrer, 288.
Refusing leave to plead after demurrer, 406.
Co-defendant can not demur to separate answer of co-
fendant, 573.

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