EXECUTION SALES, adjournment of, 659, 660. inadequacy of price, effect of, 660. notice of, 659. vacating because made en masse, 584 vacating for inadequacy of price, 584. Extradition, fugitives from justice, who are, 506, 509. person committing crime in a state in which he is constructively pres- FORCIBLE ENTRY, what is, 331. GIFTS causa mortis, delivery to support may be constructive as well as ao- HOMICIDE, adultery, killing of person because of their commission of, 24. HUSBAND AND WIFE, right of action by husband for enticing away wife or right of each to the society of the other, 846. INDEBTEDNESS of municipalities, what to be computed as within the mean- prohibitions against creating beyond specified amounts, 229–243. INSURANCE, accident, burden of proof, 370. agreements to defeat insurer's right to subrogation, 734-735. beneficiaries, interest of cannot be divested without their consent, 407. by and in the name of agents and other custodians, 644. children, right of as heirs, 406. contract of, where deemed to have been made, 681. definition of words "heir," "legal heirs," and "heirs at law," in poli. entirety of contract of, 326. "heirs" are the persons on whom an estate is cast on the death of the heirs, divorced wife cannot be entitled to as, 403. "heirs," meaning of when used in certificate of mutual benefit associa- heirs of person not insured cannot receive benefit, 406. heirs, widow and children, when share equally as, 406. legal heirs, representatives, widow is included within this term, 407. legal heirs, who are, 405, 407. legal heirs, widow, when entitled to benefit as, 405. life, assignability of, 273. negligence, right of insurer to be subrogated to claim for, 737, 738, payable to heirs cannot be assigned by the assured, 407. right of legislature to regulate business of, 612, 614. subrogation, agreements in favor of, 733. subrogation, agreements may defeat right to, 734. subrogation, bills of lading to defeat right to, instances of, 734, 735. subrogation, in whose name right to may be enforced, 738, 739. INSURANCE, subrogation, mode of exercising right to, 738. subrogation, mortgagee's rights, full payment of mortgage debt is essential to, 734. subrogation of insurer on payment of a loss, 732. subrogation of insurer to the interests of a mortgagee, 733. subrogation of insurer, when will not be decreed, 732. subrogation of insurer, where death of the assured was the result of the negligence of a third person, 733. subrogation, payment of damages by the wrongdoer defeats right to, subrogation, payment of loss is essential to claim to, 736. subrogation, release by the insured cannot destroy the right to, 737. widow, when takes as heir to the exclusion of next of kin, 407. JUDICIAL SALE, failure of title, relief because of, 747. are conclusive against all defenses when in favor of the plaintiff, 563, are conclusive of all findings necessarily involved in the issues, 562 by confession, statement must show the consideration of the indebted- by confession, statement of facts, when sufficient, 695, conclusiveness of, 562. effect of as against counterclaims not presented, 570. extrinsic evidence to prove what was determined by, 562 findings irrelevant do not become res judicata, 563. in favor of plaintiff affirm all facts essential to support, 564 of what matters conclusive, 287, 288, 570. record, contradiction of is not permitted, 562. record, proof of by, 562. ancertainty in grounds of, 563. uncertainty in must be removed by the party relying thereon, 563–565. upon demurrer, effect of as res judicata, 566-568. apon demurrer, if favor of the defendant are not res judicata as against amended complaint, 566. apon demurrer, in favor of the defendant, effect of, 566. upon demurrer, in favor of the defendant, when several grounds of de- apon demurrer, in favor of the plaintiff, effect of, 566. AM. ST. REP., VOL. XLIV.-61 JURISDICTION to try and punish crimes committed partly in one state and JURY TRIAL, instructions, omission of cannot be complained of if there was LABORERS, who are, 194. LANDLORD AND TENANT, eviction of the latter by the former, what is, 781. LIBEL AND SLANDER, evidence sufficient to prove justification where MARRIAGE, annulment of because of prior pregnancy, 383. defenses in actions for breach of promise of, 381. good faith required of each party in statements made as to his or her impediments which will justify rescission of promise of, 384. neither party is under obligation to make voluntary statements as to physical capacity implied from promise of marriage, 381, 352. physical impediments as a ground for the rescission of contract promise of, bad character of party as a defense to an action for breach promise of, criminal character whether justifies rescission of, 381, 382 promise of, express representations, what deemed material, 386. promise of, misrepresentation of promisor when constitutes ground for promise of, relatives of party, character of cannot justify a breach of promise of, representation is implied from that party is in condition of promise of, representation is implied from that promisor is not already promise of, representation is implied from that the woman is not then promise of, representation is implied in that promisors are able to con- promise of, representation is implied that sexual intercourse may be promise of, representation is implied that promisor has ability for sex. promise of, representation is implied that promisor is not impotent, 384 promise of, representations implied in, 381. promise of, representations, none implied in that promisor is not al- MARRIAGE, promise of, representations preceding and inducing if false, promise of, representations preceding and inducing may be express or promise of, representations whether implied from that promisor is com- promise of, rescission of because either party is not able to become a promise of, rescission of not justified because of prior engagement to representations, express, promise to marry may be rescinded for falsity representations, express, whether marriage cannot be avoided for fal- MASTER AND SERVANT, dangers, duty of master to instruct servant con- machinery and appliances, defective, risk when assumed by servant, 119. promise of master to repair defective machinery, 119. risks, duty of master to warn servant of, 933. risks, which the servant does not assume, 949. wrongful discharge of servant, measure of damages, 253. MECHANIC'S LIEN, married woman, property of, when subject to, 641. mortgagee, right of to purchase mortgaged property of the mortgagor, 699. notice of assignment, duty of assignor to give, 349. MORTGAGEE, in possession, care which must exercise, 882. MUNICIPAL CORPORATIONS, bonds of, recitals in, when do not bind the m indebtedness, anticipated revenues, whether may be deducted from indebtedness beyond the constitutional limit is void, 240. indebtedness, bonds in excess of constitutional limit are void, 233, indebtedness, bonds, money paid for cannot be recovered, 233. indebtedness, compulsory, not founded upon torts, 234. indebtedness, consolidation of municipalities, 240. indebtedness, constitutional provisions against incurring, 229. indebtedness, construction of constitutional limitations upon power to indebtedness, contracts to make payments at future dates, 239. indebtedness, contracts to use water and lights and to make yearly indebtedness, difference between voluntary and compulsory, 234. indebtedness, form of is not material, 233. indebtedness, hypothecation of city property creates, 233. indebtedness, implied liability does not exist where prohibited debt has indebtedness, interest coupons are not computed as the amount, 239. MUNICIPAL CORPORATIONS, indebtedness is void if contracted in excess of indebtedness, liability for tort, 234. indebtedness, liability imposed by statute, 234. indebtedness, meaning of the term as used in constitutional prohibi- indebtedness not restricted to obligations in the form of notes and other indebtedness, notice must be taken of the amount of, and of prohibi- indebtedness of one municipality situate within another municipality, 241. indebtedness owned by the municipality itself, 241. indebtedness payable out of special funds but for which the city is indebtedness, purchasing property subject to liens, 233. indebtedness, recitals in bonds, when do not bind the municipality, 242. indebtedness, refunding bonds to replace or discharge pre-existing indebtedness, salaries of public officers, whether to be computed as indebtedness, special funds, claims payable out of, when not regarded indebtedness, special prohibitions against creation of are self-executing, 242. indebtedness, street improvements, expenses of are not treated as, 237. indebtedness, time, when must be taken into consideration, 241. indebtedness, warrants against existing funds, 337. prohibition against indebtedness beyond a specific amount, 233–241. streets, abutting owners, liability of for defects in, 832. streets, liability of for defects in, 832. streets, public, power to control, 389. Mutual Benefit Associations, estate of deceased member has no interest in benefits, 409. heirs, who entitled to benefit as, 404-409. widow, when entitled to benefit as an heir, 405, 406, 408. NEGLIGENCE, Contributory on part of parent, whether defeats child's claim contributory, when a question for the jury, 428. of parent, when imputed to child, 180. precautions taken after an accident, evidence of when admissible, 647. NEGOTIABLE INSTRUMENTS, notice of fraud or want of consideration in, when not implied, 657. presentment of for payment, what sufficient, 893. NOTICE to agent when not notice to his principal, 454, PARENT AND CHILD, agreement by parent that another shall have the cus- mother, action of for wrongful death of child, 181. negligence of parent in not properly caring for child, 180. |