INDEX TO THE NOTES.

ACTION by person on promise made to another for his benefit, 783.

ACTOR may refuse to perform services not agreed upon, 209.
AGENT, contract by, in his own name, who liable on, 684.

ALIMONY, when allowable, 781.

ATTACHMENT, retention of possession is essential to, 264.
transfer of goods subject to, 264.

BANKRUPTCY ACT, liens preserved by, 584.

BOUNDARY, agreement establishing, 64.

CARRIER OF PASSENGERS, answerable for negligence only, 355.
care, degree exacted of, 356.

contributory neglect of passengers, 364.

contributory neglect of passengers in getting on or off at irregular sta
tions, 365.

contributory neglect of passengers in getting on or off moving train, 364.
contributory neglect of passengers in riding in baggage-car, 366.
contributory neglect of passengers in riding in unauthorized position, 365.
contributory neglect of passengers in riding on platform, 366.

contributory neglect of passengers in riding with limbs out of window,
366.

defects in vehicle, liability for, 362.

diligence exacted of, 355.

due care, onus of proof respecting, 363.

English rule respecting degree of care, 360.

liability of, as affected by contract, 367.

liability of, for defects in roadways, 362.

liability of, for defects in vehicle, 362.
liability of, for negligence, 356.

must repress disorderly conduct, 363.

negligence for which they are answerable, 356.

negligence in overloading, 363.

negligence in starting train, 362.

negligence, onus of proof respecting, 363.

not answerable as insurers, 355.

onus of proof respecting negligence, 363.
roadways, liability for defects in, 362.
utmost care exacted of, 356.

CHILD, in ventre sa mere, when deemed in esse, 474.

unborn, appointment of, as executor, 474.
unborn, bastard not deemed in esse, 475.
unborn, injunction in favor of, 474.

unborn, when may inherit or take a devise, 474.

writ to inquire whether woman is with, 476.

COMMON CARRIERS, custom to exonorate from duty of delivery, 650.
delivery by, duty of, with respect to, 650.

delivery by, what sufficient, 650.

See CARRIERS OF PASSENGERS.

COMPARISON OF HANDS, experts, when may testify from, 676.
CONFLICT OF LAWS, validity of will, by what law determined, 519.
will must be probated where property is, 520.

will must conform to law of testator's domicile, 519.

CONSTITUTIONAL Law, legislative grants deemed contracts, 118.
legislative power over public officers, 749.

legislative power to judge of violation of charters, 119-121.
CONTRACT, action on, by a person in whose favor a promise is made to another,

739.

apportioning in favor of servant, 208.

damages, measure of, when executory, is rescinded, 672.

for services, damages when servant is turned off, 672.

in restraint of trade, when void, 96.

measure of damages, when servant is wrongfully discharged, 209.

right of party to full performance, 672.

servant can not be compelled to perform services not agreed upon, 208.

servant, doctrine of constructive service by, 206.

servant discharged for just cause before completing, 208.

servant, suit by, after discharge, for cause, 208.

servant wrongfully discharged must not remain idle, 206, 211

servant wrongfully discharged, remedies of, 205–207.

CORPORATION, averment of existence of, not required, 466.
equity will aid creditors, 695.

legislative power to judge of forfeiture of charter, 119–121.
majority of directors may act, 466.

proof of, when required, 466.

quasi, such as towns, liability of members, for debts, 694.

reservation of right to alter, amend, or repeal charter, 118.

stockholders, by law can not bind to pay debts, 694.

stockholders, compelling them to pay subscriptions, 695.
stockholders in mining corporation, liability of, 616.

stockholders, nature of their liability, 700.

stockholders, not liable for debts at common law, 694.

stockholders, not liable on ground that corporation has exceeded in pow.

ers, 694.

stockholders, remedies to enforce liabilities of, 701-703.

stockholders, statutes imposing liabilities, how construed, 694.

stockholders' transfer, effect on liability for debt, 699.

stockholders, whether liable for pre-existing debt, 697.

stockholders, who liable as, 697.

COVENANT of warranty, made by married women, 426-428.

DAMAGES, measure of, when employee is discharged, 209–212, 762.

smart money, 246.

DEED, to inhabitants of certain place, is void, 425.

to uncertain grantee, 425.

DEFINITION of protest, 216.

of writ de ventre inspiciendo, 476.

EASEMENT, abandonment of, 404.

paroblicense, modifying or extinguishing, 404.
ELECTION, when widow will be compelled to an, 757.

EMINENT DOMAIN, discontinuance of proceedings, 203.

ESTOPPEL, against married woman, from her covenant of warranty,

of lessee, to deny landlord's title, 425.

EXECUTION, amending, by affixing seal, 52.

failure to make return on, does not avoid title, 52.

void, when protects officer, 765.

HEIRS, of living person, devise to, 663.

HIGHWAYS, nuisance in, what is a, 718.

INDEMNITY taken by one surety, when inures to all, 563-565.

INDORSER, notice to, to what post-office may be sent, 225.

INSOLVENT LAWS, discharge when inoperative beyond the state, 454.
INSURANCE, valuation in policy, when conclusive, 431.

JOINT STOCK COMPANY, liability of members for debts of, 695.
JUDGMENT, merger by recovery against one joint obligor, 62, 668.
warrantor, when and how bound by, 570.

JUDICIAL OFFICER, liability of, 724.

JURY, agreement of, formerly coerced, 75.
sealed verdict, 79.

sealed verdict in criminal cases, 86.
separation of, after case is submitted, 77.
separation of, after agreeing on verdict, 78.
separation of, formerly never allowed, 75.
separation of, from necessity, 87.

separation of, if unauthorized may be punished, 78.

separation of, in capital cases, 83.

separation of, in civil cases, 76, 77.

separation of, in criminal cases, 80, 86

separation of, in prosecutions for felony, 80, 82.

separation of, in prosecutions for misdemeanor, 80.

separation of, new trial on account of, 84.

separation of, prisoner's consent to, 86.

separation of, what constitutes improper, 87.

separation of, when does not vitiate verdict, 77.

LIBEL, communications in course of judicial proceedings, 648
LIS PENDENS of amended complaint, 164.

of defective complaint, 164.

MARRIAGE SETTLEMENT, validity of, against creditors, 620.
Married WomEN, covenant of warranty by, estoppel arising from, 423.
covenant of warranty by, when liable on, 426.

AM. DEO. VOL. XLIII-50

MASTER AND SERVANT, criminal responsibility of master, 435.

MEASURE OF Damages for wrongfully discharging employee, 209-212, 782
MECHANIC'S LIEN, waiver of, does not arise from taking noto, 539.

MORTGAGE, Chattel on merchant's stock in trade, 606.

chattel right of mortgagor to make sales, 606.
conveyance of part of property subject to, 625.

MUNICIPAL CORPORATION, flooding lands, liability for, 723.
liability for injuries resulting from grading street, 723.

liability for neglect to keep street in repair, 724.

officers of, punishable for neglecting streets, 723.

NEGOTIABLE INSTRUMENTS, bill drawn in one state payable in another, 147.

death of maker, demand and notice to charge indorser, 248.

foreign bills, what are, 218.

notary's protest must be on demand by himself, 147.

protest, form and necessity of, 216–224.

protest of bank bills, checks, and certificates, 219.

protest of inland bills, 219.

protest of promissory notes, 219.

NOTARY, clerk of, when may make presentment and demand,

disqualification of, to make protest, 217.

NUISANCE in highway, what is a, 718.

public, time does not legalize, 718.

PARTNERSHIP, insolvency to authorize decree giving priority to partnership

debts, 164.

lien of partner on effects of, 164.

partner using name of, as the firm name, 685.

sharing in profits, when does not make a, 436.

PATENT, collateral impeachment of, 175.

PROTEST, by whom should be made, 217.

clerical errors in, 220.

clerk of notary, whether may act for, 222
defined, 216.

erasures in, 220.

foreign bill, what is, 218.

foreign courts give credit to, 217.

form and substance of, 220, 221.

law of place of contract, when controls, 217.

law of place where bill is payable governs, 217.

necessary only in case of foreign bills, 218.

noting and extending, 223.

notary being stockholder in bank, can not make for, 217.

notary when incompetent to make, 217.

object of, 216.

of checks, bank-bills, and certificates of deposit, 219.

of inland bills not required, 219.

of promissory notes not required, 219.

place where must be made, 221.

presentment and demand, statement of in protest, 221.

presentment, to whom may be made, 221.

presumed, when, 218.