INDEX TO THE NOTES. ADVERSE POSSESSION, what constitutes, 310, 311. ALTERATION of instruments executed in duplicate, 19. ARBITRATION, right to compel submission of claim against benefit association ASSIGNMENT of chose in action, force and effect of, 478. of future earnings, validity of, as against attaching creditors, 395. of wages expected to be earned, 395. ASSIGNMENT FOR BENEFIT OF CREDITORS, containing no schedule of the description of property, when insufficient, 641. exempt property, reservation of, 641. ATTORNEY AT LAW, authority of when employed to collect claims, 788. BANKRUPTCY AND INSOLVENCY, rules of priority as between partnership BANKS, checks, diligence in presentation of, 928. forged checks, liability for paying, 259. transmitting paper for collection and banks receiving and collecting it, BENEFICIAL ASSOCIATIONS, benefits, by-laws reducing amount of, 158. BILLS OF REVIEW, scope and purpose of, 49. BONDS, Coupons detached from negotiable, 213. payable to bearer, 213. BY-LAWS, power of corporations to enact, 152, 158. See CORPORATIONS. CARRIERS, delivery of goods to, what is, 756. CHATTEL MORTGAGE, description, tests of sufficiency of, 391. CONSTITUTIONAL LAW, due process of law defined, 532. due process of law in proceedings against person alleged to be insane, due process of law is guaranteed by the constitution of the United statute void in part when deemed void in whole, 685. by-laws, beneficial association reducing the amount of benefit of, 158. by-laws compelling stockholders to retire part of their stock, 155. CORPORATIONS, by-laws, contract relations arising from, 152. by-laws contrary to the laws of the land or the charter of the corpors- by-laws contravening common right, 153. by-laws, delegation of power to enact, 153. by-laws, directors have no power to make unless speciallyauthorized, by-laws, forfeiture of shares for nonpayment of subscription cannot be by-laws, good in part and bad in part, 157. by-laws imposing forfeiture for nonpayment of dues or interest, 155. by-laws, limitations upon power to enact, 152, 153. by-laws, lien in favor of the corporation whether created by, 156. by-laws must be reasonable and conform to the charter, 152, by-laws, power to make, in whom confided, 153. by-laws prohibiting a member to work at his trade, 154. by-laws, repeal, power of is implied from power to enact, 157. by-laws restraining the alienation of stock, 154. by-laws restricting the number of apprentices which members may have are void, 155. by-laws, stock, lien upon, whether may be created by, 156. by-laws taking away right to resort to the courts, 154. by-laws, transfer of stock, extent to which may be regulated by, 154, 155. by-laws, vested rights cannot be divested by, 157. by-laws, vexatious, oppressive, and unreasonable are void, 153. by-laws, when divisible so that part may stand and part be rejected, foreign, prohibition against doing business within a state not implied franchises, transfers of, when void, 111. preferences, right to give in assignments for benefit of creditors, 63, stock subscriptions, liability of when subscribers for other shares have ultra vires contracts, liability upon quantum meruit for services performed COTENANCY, adverse possession by one tenant in common as against the conveyance in severalty, effect of as against other cotenants, 311. conveyance in severalty, entry under, 310. ouster of cotenant, from what inferred, 310. tax sale, purchase by cotenant at in the name of third person, 348. CRIMINAL LAW, indictment for homicide, 192. CUSTOM, when presumed to be part of a contract, 874. DAMAGES, profits remote and speculative cannot be allowed as, 428. DEED, delivery of to one person to be by him delivered to another, 463 quitclaim, effect of, 38. DEFINITION of due process of law, 532. DEFINITION of night-time, 876. of vice-principal, 267. DIVORCE, fraud vacating decree of for, 647. grant of in another state, collateral attack upon, 524. DOWER, execution and judicial sales against husband, whether extinguish statutes of limitations as against proceedings for, 348. DURESS, consideration, necessity of return of before rescission on account rescission on account of, condition imposed by law on the party rescind- EJECTMENT, pleadings of the defendant in, what must state, 848. ESTOPPEL of person held out as a partner to deny that he was such, 232. opinions of witnesses in proceedings against persons charged with being EXECUTION, measure of damages against officer proceeding wrongfully under, 670. trespass of officer acting under, liability of his bondsmen, 669. seizure under of property of a stranger to the writ, 670. EXECUTION SALES of partnership property under writs against the individ- EXPECTANCY, release of by heirs at law, 147. FILING of paper, when complete, 900. FIXTURES, agreements fixing the character of, 428. personal property, agreement that fixtures shall retain character of, 498. FRANCHISES, transfers of, when void, 111. FRAUD, in procuring divorce, vacating decree on account of, 647. judgment, when will not be set aside on account of, 117, 118. GARNISHMENT of trust funds, 855. HABEAS CORPUs, errors and irregularities cannot be reviewed upon, 320. HOMICIDE to prevent escape of misdemeanant, 26, 29. INSANE PERSONS. See LUNATICS. INSURANCE, accident, notice of death, failure to give because circumstances JUDGMENT, against person designated by incorrect name, 348. fraud in procuring, when will not entitle adverse party to relief, 117, 118. of court of another state granting divorce, 524. of court of another state, proof and effect, 524. on demurrer, conclusiveness of, 615. relief from in equity, grounds for granting, 117. JUDICIAL NOTICE, of what county lands are in, 104. JURISDICTION, presumption of, in proceedings against incompetent persons, 536. want of apparent by the record renders judgment void 105. right to of persons charged with being insane, 538, 539. jurisdiction of, may be established by extrinsic evidence, 320. improvements becoming a part of the realty, 19. Laws, foreign must be pleaded and proved, 123. LIBEL AND SLANDER, innuendo, office of, 596. malice, when implied, 596. privileged communication what is, is a question of law, 596. laches in prosecution of suit, 246. what constitutes effective, 246. when begins, 246. LUNATICS, actions to recover damages for illegal commitment upon charge of being, 540. appointment of guardian on a determination of the fact of insanity, arrest of persons charged with being, when authorized, 532. commitinent without jury trial, statutes authorizing, whether consti- complaint charging person with being insane need not be preferred by confinement of persons after being acquitted of crime on the ground of confinement of persons charged with insanity, liability for, 533. due process of law against persons accused of being, 531. evidence in proceedings against persons charged with being, 537. notice, personal service of, 535, 536. notice, presumption of, 535, 536. notice to persons charged with being, cases holding that it need not be notice upon proceedings to set aside inquisition, 533. opinions of witnesses in proceedings against persons charged with be ing, 538. presumption in favor of jurisdiction of courts, 534, 536. production in open court of persons charged with being, 539. |