HUSBAND AND WIFE, equity, suits by wife against husband, equity, suits by wife against her husband, when must be by equity will enforce promise by husband to wife, 272. fraud by one against the other, equity will relieve, 271. personal promise of wife not charging her separate property personal wrong committed during the marriage by one against separate property of the wife, equity will enforce promise separation, agreements for, when enforceable, 658. statutes authorizing a married woman to sue, whether authorize statutes creating the right of each to sue the other, 274. statutes giving a married woman control of her property, statutes giving wives sole control of their property authorize suits after death of one may be maintained by his representa- suits between after a divorce, 268, 269. sults by one against the other, 268. suits by wife to compel husband to make provision for her out suits in equity can be maintained by one against the other, 271. unity of at the common law, 268. unity of, extent to which equity does not recognize, 271. unity of is severed by divorce or death, 270. unity of, whether affected by statute giving her the right to INCEST, accomplice in crime must be corroborated, 778. INFANTS, disaffirmance by of contracts, when must do equity as right of to disaffirm a conveyance while retaining the consid- INNKEEPER, guests of, who are and who are not, 891. persons attending balls, banquets, etc., are not guests to whom INSURANCE, change in the condition of the insured premises, when construction of policy is in favor of the assured, 714. INSURANCE, knowledge of the agent is knowledge of the insurer, 538, 551. life certificate of membership in the Order of United Workmen, life, suicide, presumption is against, 253. notice of loss, burden of proof respecting delay in giving, 713. notice of loss, immediate, what is, 712, 714. subrogation, right of the insurer to, 576. what is, 765. INTERSTATE COMMERCE, oleomargarine sale of, when does not JUDGMENTS against mortgagees acting as trustees for the holder against the head of a family respecting property claimed as a against trustees do not bind the beneficiaries as a general rule, against trustees of an insolvent, when bind his creditors, 166. against trustees to set aside the deed of trust, 167. against trustees when the beneficiaries are numerous, 168. lien of attaches only to the actual interest of the defendant, of the national courts, collateral attack upon, 487. LARCENY FROM THE PERSON, caption and asportation sufficient to constitute, 926. LIBEL, privileged communications, what are, 333, 334. province of the court and jury in actions for, 368. MARRIAGE, abrogation of debts and contracts between the parties contracts between the parties which equity will enforce not- contracts extinguished by are not revived by the death of one contracts for personal services are abrogated by the subsequent covenants between the parties are extinguished by, 899. married women's acts, effect of on contracts made between the MARRIED WOMEN, confession of judgment in favor of by hus- construction to be given to statutes conferring rights upon, 277. fraudulent transfers, subsequent creditors, right of to assail, ratification by of void conveyances, 456. reformation of conveyances of, 455. replevin, right to sustain action of against husband, 278. statutes giving them control of their property, 275, 276. suits, statutes authorizing against husband at law, restrictions tort committed by against husband, he has no right of action trover, right to sustain action against husband, 278. MECHANIC'S LIEN, acceptance of promissory note does not waive, 357. against property not subject to execution, 357. MORTGAGE, action at law, statutes limiting the right to prosecute concurrent remedies of the holder of, 559-568. deficiency after foreclosure sale, actions to recover, 565. pendency of suit to foreclose does not prevent the maintenance personal judgment on the debt does not bar an action of eject- personal judgment on the debt does not bar an action to recover personal liability of the mortgagor is terminated by the sale of personal liability of the mortgagor, waiver by the mortgagee, personal liability of the mortgagor, when does not exist, 563. statute of limitations against personal action may not bar a statutes requiring the mortgagee to first exhaust his remedies surety for the debt, personal action against, 560. to secure the debt of another creates no personal liability, 564. NEGLIGENCE, question of, when for the jury, 723. running away of a horse does not create the presumption of, AM. ST. REP., VOL. LXXIII.-62 NEGOTIABLE INSTRUMENTS, transfer of without indorsement, OLEOMARGARINE, sale of, when may be prohibited by a state PAYMENTS, application of, how should be made, 79. PENAL STATUTES, construction of is in favor of the accused, 543. PERPETUITIES, construction of wills for the purpose of evading devise of property to be divided at a period beyond the limits difference between rule against and rule against restraint of gifts to a class upon a contingency which may happen beyond gifts which offend the rule against, 439, 440. rule against is not a rule of construction, 426. vesting of an estate does not prevent the operation of the rule when gift is vested, but possession is postponed, 430-432. wills should be construed as if the will against did not exist, 426. attachment, when waived, 566. concurrent remedies of the pledgee, 566, 567. PROCESS, abuse of, what is, 824. RAILROAD CORPORATIONS, fires, duty of to prevent starting by intoxicated passenger, right of to expel must be exercised with RECOUPMENT, defense of, when admissible, 613. REMEDIES, concurrent in favor of a mortgagee or the holder of concurrent may be prosecuted, 559. concurrent on the principal debt and collateral held as security, REPLEVIN BOND, defenses which may be made in an action SALES, difference between and bailments, 693. STARE DECISIS, constitution, decisions overlooking or miscon- departures from the rule of, when proper, 101, 102. divided court, decisions of, 104, 105. elements which give weight to a decision as authority, 98-104 points not considered, when concluded by, 100. STARE DECISIS, reasons for the rule of, 98. scope of the doctrine of, 99. single decisions which may be disregarded when to do so will statutes, decisions overlooking will be reconsidered, 104. SUPPLEMENTAL PROCEEDINGS, receiver in, title of to property TRADE NAMES, geographical, when will be protected, 266. TRUST DEEDS to secure debts, concurrent remedies of the credi- to secure debts, deficiency after sale under, action to recover, TRUSTEES, judgments against, when bind the beneficiaries, 165- TRUSTS, acceptance by the beneficiaries is presumed, 446. beneficiaries, when not necessary parties to suits respecting the parol evidence to establish under a conveyance designating the VENDOR AND PURCHASER, marketable title, what is, 677. lien of is not waived by taking a personal judgment, 567. misrepresentation by, when entitles the purchaser to relief, 636, VENDOR'S LIEN, sale of land under judgment for the purchase waiver of by taking a personal judgment, 567, 568. WILLS, children, when deemed included in a devise or bequest, 431. tion of a precedent estate, 417, 418. construction of is in favor of the vesting of estates, 416, 417. guity, 423. declarations of the testator to prove the revocation of, 601. difference between a devise which is contingent and one of gifts in to a class where the time of distribution is postponed, 419. gifts in to a class, who participate in, 413. lost or destroyed, probate of, when proper, 601. |