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but did not object to the ruling of the court

PEDIGREE. refusing to do so and did not ask to be indemnified against costs and loss, the court did not Declarations or family records and reputation abuse its discretion in refusing to dismiss.-- as to pedigree, see Evidence, $ 291. Ingham Lumber Co. v. Ingersoll & Co. (Ark.) 139.

PENAL STATUTES. $219. In a suit by a partnership for breach Enforcement in courts of other state, see of a contract, the fact that one of the partners made no claim for damages would not limit the

Courts, $ 8. recovery, in the suit, to such an amount as the

PENALTIES. other partner was entitled to by his interest in the firm.-Ingham Lumber Co. y. Ingersoll Distinction between liquidated damages and & Co. (Ark.) 139.

penalties, see Damages, & 79.

For default in payment for electrical service, PART OWNERS.

see Electricity, $ 11. In general, see Tenancy in Common.

PENDENCY OF ACTION.
PART PAYMENT..

See Lis Pendens,
As accord and satisfaction, see Accord and Sat-

PERFORMANCE. isfaction, $ 11.

of particular classes of duties or obligations. PART PERFORMANCE.

Contract in general, see Contracts, 88 278–321.

Contract of sale, see Sales, $8 16842-181; Ven-
Of contracts within statute of frauds, see dor and Purchaser, $ 134.
Fra uds, Statute of, § 129.

Contract within statute of frauds, see Frauds,

Statute of, $ 129.
PARTY WALLS.

Payment of bill or note, see Bills and Notes, $8

432, 439.

Services by broker, see Brokers, 88 50, 57.
§ 4. Facts held to show a creation of a party
wall.--Salyers v. Legate (Ark.) 1010.

PERJURY.
$ 8. In an action on a contract, whereby de-
fendant agreed to pay a portion of the cost of Ground for equitable relief against judgment,
plaintiff's wall for converting it into a party see Judgment, $ 444.
wall, that plaintiff's building was mortgaged
held no defense.-Salyers v. Legate (Ark.) 1010. PERMANENT INJUNCTION.
PASSENGERS.

See Injunction, $ 200.
See Carriers, &$ 280-348.

PERPETUAL INJUNCTION.

See Injunction, $ 200.
PASSWAYS.
See Easements.

PERPETUATION OF TESTIMONY.

See Depositions.
PATENT AMBIGUITY.
Parol evidence to explain, see Evidence, $ 451.

PERSONAL INJURIES.

Causing death, see Death, 88 9-104.
PAYMENT.

Imposition of liability for, as denial of equal

protection of laws, see Constitutional Law, See Accord and Satisfaction; Compromise and $ 245. Settlement.

Risks and causes of loss within accident insurOf bills or notes, see Bills and Notes, 88 432, ance policy, see Insurance, & 461.

439, Part payment as accord and satisfaction, see

Particular cau808 or means of injury. Accord and Satisfaction, $ 11.

See Assault and Battery; Electricity, 88 16,

19. IV. PLEADING, EVIDENCE, TRIAL, Acts or omissions of carrier, see Carriers, 88 AND REVIEW.

280-321. Parol evidence, see Evidence, $$ 433, 434.

Acts or omissions of municipality in general, Parol or extrinsic evidence to contradict or va see Municipal Corporations, $8 736–815. ry receipts, see Evidence, 8 408.

Acts or omissions of municipal officers $ 74. A receipt in full introduced by the

agents, see Municipal Corporations, 88 74512,

747. party relying on it is conclusive, in the absence Negligence in general, see Negligence. of attempt by the other side to prove that it Negligence in use of highway, see Highways, 88 was obtained by fraud or mistake.-Cache Val 172-184. ley Lumber Co. y. Culver Co. (Ark.) 430. Negligence in use of street, see Municipal CorV. RECOVERY OF PAYMENTS.

porations, $$ 705, 706.

Operation of railroads, see Railroads, &$ 282, Payments for land sold, see Vendor and Pur 307–351, 356–401. chaser, $ 334.

Operation of street railroads, see Street Rail

roads, $S 85–117. PAYMENT INTO COURT.

Particular classes of persons injured. Of amount tendered or admitted to be due, ef- Employés, see Master and Servant, $g 85–296. fect on award of costs, see Costs, $ 42. Passengers, see Carriers, &$ 280-321, 347, 348. PEACE.

Remedies.

See Damages. see Breach of the Evidence admissible as part of res gestä, see

Evidence, $$ 119, 121-128.

Or

or

Breach of public peace,

Peace.

§ 32.

Opinion evidence as to cause and effect, see Of record of deed as affecting notice to subse.
Evidence, $ 528.

quent purchasers, see Vendor and Purchaser,

$ 231.
PERSONAL PROPERTY.

Of trial, see Criminal Law, $ 108; Venue.
See Property.

PLAYS.
Annexation to real property, see Fixtures.
Assets of estate of decedent, see Executors and See Theaters and Shows.

Administrators, $$ 43, 160.
Gift, see Gifts.

PLEA.
Injuries to, damages, see Damages, 113.
Mortgage, see Chattel Mortgages.

In civil actions, see Pleading, $ 409.
Remedies involving or affecting, see Replevin. In criminal prosecutions, see Criminal Law, $
Sales, see Sales.

261-280.
Sales by executors or administrators, see Ex-
ecutors and Administrators, $8 329-383.

PLEADING,
Taxation of, see Taxation.
Wrongful conversion, see Trover and Conver- Admissibility in evidence as judicial admissions,
sion.

see Evidence, $ 208.

Allegations in pleadings as privileged, see Libel
PERSONAL REPRESENTATIVES.

and Slander, $ 38.

Applicability of instructions to pleadings and
See Executors and Administrators.

issues, see Trial, $ 251.

Conformity of judgment to pleadings, see Judg.
PERSONS.

ment, $$ 251-256.

Indictment or criminal information or
Constitutional guaranty of personal, civil, and Practice in justices' courts, see Justices of the

plaint, see Indictment and Information.
political rights, see Constitutional Law, 88
87-89.

Peace, $ 91.
Offenses against the person, see Homicide; Allegations as to particular facts, acts, or trans-
Rape; Seduction, $ 50.

actions.

See Adverse Possession, § 111; Boundaries,
PETITION.
See Pleading.

Damages, see Damages, $$ 145–160.
For removal of cause to federal court, see Re- Gift inter vivos, see Gifts, $ 45.

Gift causa mortis, see Gifts, $ 78.
moval of Causes, $ 86.

Mistake in description of property sought to be

recovered, see Ejectment, $ 64.
PETIT JURY.

Statute, see Statutes, $ 281.
See Jury.

Statute of limitations, see Limitation of Ae-

tions, $ 182.
PHYSICIANS AND SURGEONS. In actions by or against particular classes of

persons.
Employment by city, see Municipal Corpora- See Carriers, $$ 227, 314, 315; Executors and
tions, $ 214.

Administrators, $ 443; Infants, $ 92; Jas-
Evidence of other offenses in prosecution for

ter and Servant, $8 262, 264; Municipal (o
practicing without authority, see Criminal

porations, $ 845; Partnership, § 120; Rail
Law, $ 369.

roads, $ 440.
Expert testimony, see Evidence, $8 528, 553.
Physician's services as necessaries, see infants, Telegraph or telephone companies, see Tele
$ 50.

graphs and Telephones, $ 63.
Reading medical books by counsel in argument In particular actions or proceedings.

to jury, see Trial, $ 117.
Sale of intoxicating liquors on physician's pre- Between parties to bailment, see Bailment. $ 32.

See Ejectment, $ 64; Trespass, $ 40.
scription, see Intoxicating Liquors, $ 155.
Statements to physicians by person injured as

For breach of contract in general, see Coo-
part of res gestæ, see Evidence, 8 128.

tracts, § 332.

For causing death, see Death, $$ 48, 49.
$ 6. An ophthalmologist held a medical prac- For delay in transportation or delivery of goods
titioner within Laws 1907. p. 338, $ 5.-State v. see Carriers, 8 103.
Blumenthal (Mo. App.) 1188.

For injunction, see Injunction, $ 118.
without a license, evidence of the sign on de For' injuries from negligence, see Negligence,
8.6. In a prosecution for practicing medicine For injuries from defect or obstruction in sera

er, see Municipal Corporations, $ $15.
fendant's office door held admissible.--State v.
Blumenthal (Mo. App.) 1188.

88 111, 117.

For injuries from negligence or default in trans-
$ 6. Evidence held to show that accused was mission or delivery of telegraph or telephop
practicing medicine within Laws 1907, p. 358, message, see Telegraphs and Telephones, so
$ 5.-State v. Blumenthal (Mo. App.) 1188. For injuries to animals on or near railroad

tracks, see Railroads, $ 440.
PIPE LINES.

For injuries to passengers, see Carriers, $$ 314

315.
For conveyance of water, see Waters and Wa- | For injuries to reversion, see Reversions,
ter Courses, $8 206, 209.

For injuries to servants, see Master and Serra

ant, $$ 262, 264.
PISTOLS.

For insurance premium, see Insurance, $ IS

For libel or slander, see Libel and Slander, § 4
See Weapons.

For loss of or injury to live stock in cour of
PLACE.

transportation, see Carriers, $ 227.

For removal of cause, see Removal of Causs
For work, duties and liabilities of master as to § 86.

servants, see Master and Servant, 88 101- On account, see Account, Action on, $ 6.
125.

On note, see Bills and Notes, $ 452.
Of criminal act, sufficiency of evidence, see Pleas in criminal prosecutions, see Criminal
Criminal Law, $ 564.

Law, $8 261-280.

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Probate proceedings, see Wills, & 282.

In particular actions or proceedings.
To contest or set aside will or probate, see See Ejectment, $ 64; Trespass, $ 40.

Wills, $ 282.
To sell land to enforce assessment for public For causing death, see Death, $$ 48, 49.

For breach of contract, see Contracts, $ 332.
improvements, see Municipal Corporations, & For delay in delivering telegram, see Telegraphs
567.

and Telephones, $ 65.

For delay in transportation or delivery of
Review of decisions and pleading in appellato
courts.

freight, see Carriers, & 103.

For injunction, see Injunction, $ 118.
Finality of judgment sustaining demurrer, see For injuries from defects or obstructions in
Appeal and Error, $ 70.

sewers, see Municipal Corporations, $ $15.
Objections in lower court, see Appeal and Er- For injuries from negligence in general, see
ror, & 242.

Negligence, $$ 111, 117.
Presumptions on appeal or writ of error, see For injuries to passenger, see Carriers, $ 314.
Appeal and Error, & 917.

For injuries to reversion, see Reversions, $ 8.
Review of decisions as dependent.on_prejudi. For libel or slander, see Libel and Slander, $ 82.

cial nature of error, see Appeal and Error, $8 To remove cause from state to federal court, see
1039-1041.

Removal of Causes, $ 86.

$ 49. The Civil Code of Practice having abol-
I. FORM AND ALLEGATIONS IN

ished the forms of action, all that is necessary
GENERAL.

is that the complaint state facts sufficient to
Admissibility_of abandoned pleadings in evi: constitute a cause of action within the jurisdic-
dence, see Evidence, $ 208.

tion of the court.-Crowder v. Fordyce Lumber
Necessity of formal pleadings in probate court, Co. (Ark.) 417.
see Courts, $ 202.

III. PLEA OR ANSWER, CROSS-COM-
$ 8. In an action for the price of goods, an PLAINT, AND AFFIDAVIT
answer that the goods were not manufactured

OF DEFENSE.
in compliance with the food and drug act (Act
June 30, 1906, c. 3915, 34 Stat. 768 [U. s. Pleading statute of limitations as defense, see
Comp. St. Supp. 1909, p. 1187]), as required by

Limitation of Actions, $ 182.
the contract, simply pleaded a conclusion of law.

In particular actions or proceedings.
- Mutual Mfg. Co. v. Charles Moore & Co. For injuries to servants, see Master and Serv-
(Ky.) 267.

ant, 8 262.
$ 8. In an action to restrain the collection On notes, see Bills and Notes, $ 452.
of taxes, because of an excessive assessment, a To sell land to enforce assessment for public
petition, alleging that the act of the board of improvements, see Municipal Corporations, $
supervisors in raising the assessment was a 567.
fraud on petitioner, held insufficient; the alle-
gation being a mere conclusion.--Star Milling V. DEMURRER OR EXCEPTION,
Co. v. Board of Councilmen of Town of Nichol- Objections for purpose of review, see Appeal and
asville (Ky.) 1051.

Error, $ 242.
§ 8. Allegations in a petition in an action Presumptions on appeal or writ of error, see
for negligent death occurring in Iowa, which Appeal and Error, $ 917.
states that the action is authorized by Code Review of decisions, see Appeal and Error, 8
Iowa, $$ 3313, 3443, ?447held conclusions of

1040.
law, and bad on demurrer.-Gibson v. Chicago
Great Western Ry. Co. (Mo.) 453.

$ 205. A complaint is not subject to general

demurrer if the facts stated, with every reason-
$ 20. Where plaintiff is in doubt about the able inference therefrom, constitute a cause of
particular facts as to the cause of the injury, action.Cox v. Smith (Ark.) 437.
which facts are within the knowledge of the de-
fendant, it is proper to plead such facts in the

$ 214. The allegations of an answer will be
alternative, without rendering the pleading in- taken as true on demurrer.-Hurley V. Big
consistent.--St. Louis Southwestern Rv. Co. of Sandy & C. Ry. Co. (Ky.) 302.
Texas v. Langston (Tex. Civ. App.) 334.

$ 214. In passing on a demurrer to a plead-
34. The allegations of a pleading are taken ing, allegations therein which are conclusions of
most strongly against the pleader. -Palmer & law must be eliminated.–Gibson v. Chicago
Hardin v. Fidelity & Casualty Co. of New York Great Western Ry. Co. (Mo.) 453.
(Ky.) 270.

8 214. A general demurrer held to admit
$ 34. Every pleading must be construed most only the truth of the facts pleaded. - Ilarris v.
strongly against the pleader, and every reason.

Santa Fé Townsite Co. (Tex. Civ. App.) 77.
able intendment must be taken against hiin. $ 228. Where exceptions to allegations in a
Watson v. City of Morehead (Ky.) 724.

pleading are abandoned, they cannot be renewed
& 34. Where confusion or doubt annears as hy objection to the evidence relating to the facts
to the meaning of a petition, it should be con- alleged in the allegations excepted to.-Openshaw
strued most strongly against the nleados.-Brier v. Dean (Tex. Civ. App.) 989.
5. State Exch. Bank of Macon (Mo.) 469.

VI. AMENDED AND SUPPLEMENTAL
$ 34. In determining the sufficiency of a

PLEADINGS AND REPLEADER.
pleading after verdict, all necessary implications
and reasonable inferences of fact must be al. Amendment as affecting lis pendens, see Lis
lowed in aid thereof.-Wycoff v. Epworth Hotel Pendens, $ 21.
Construction & Real Estate Co. (Mo. App.) 550. Amendment as affecting time for trial, see Trial,

$ 5.
II. DECLARATION, COMPLAINT, PE- Amendment of indictment or information, see
TITION, OR STATEMENT.

Indictment and Information, $ 161.

Change of character or form of action, in gen-
In justices' courts, see Justices of the Peace, eral, see Action, $ 36. ,
$ 91.

Effect of amendment on limitation of actions,
Joinder of causes of action, see Action, $ 45. see Limitation of Actions, $ 127.
Single and entire cause of action, see Action, & Review of decisions, see Appeal and Error, &
38.

1011.
For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (3) NUMBER

$ 237. In an action, one object of which was, material was sold to be used in the building in
as allowed by Civ. Code Prac. 8 661, to enforce question and was so used held cured by the eri.
payment by defendant of notes on which plain- dence and judgment.-Schnute Holtman Co. p.
tiffs were sureties, held that the court did not Sweeney (Ky.) 180.
err in allowing the filing of an amended peti-
tion just before submission of the cause.- aside a default judgment, held sufficient after

§ 433. A petition, in a suit in equity to set
Quigley v. Beam's Adm’r (Ky.) 727.

judgment.-Howard v. Scott (Mo.) 1158.
$ 248. An amendment of the petition in an
action on a note which merely changed one ini- not defective after verdict for failure to allege

§ 433. A petition for damages for fire held
tial in the name of the maker did not set up a
new cause of action. - Austin v. Jackson Trust Norman v. Sheip (Mo. App.) 527.

the items and value of the property destroyed. -
& Sav. Bank (Tex. Civ. App.) 936.
$ 279. A supplemental petition held insuffi- have stated a cause of action, is sufficient after

§ 433. A petition, however defectively it mar
cient to put in issue the execution of written verdict.-Norman v. Sheip (Mo. App.) 527.
instruments offered in support of a plea of es-
toppel.--Missouri, K. & T. Ry. Co. v. Gober

$ 433. A petition held to sufficiently allege
(Tex. Civ. App.) 383.

the causal connection between defendant's Drg.
$ 279. A supplemental petition held not to Coy v. Landers (Mo. App.) 789.

ligence and plaintiff's injury after verdict.-
set up a new cause of action.-Harlan v. Harlan
(Tex. Civ. App.) 950.

$ 434. An answer held to sufficiently shos

after verdict that a domestic corporation was
VII. SIGNATURE AND VERIFICATION. a trust company, authorized under Rer. St.

1899, 88 1427, 1438 (Ann. St. 1906, pp. 1101
$ 301. An affidavit held not objectionable for 1126), to act as assignee for the benefit of cred-
failure to state that the facts contained in the itors.-Wycoff v. Enworth Hotel Construction
petition verified were true.- Bilby v. Hancock & Real Estate Co. (Mo. App.) 530.
(Tex. Civ. App.) 370.
IX. BILL OF PARTICULARS AND

PLEDGES.
COPY OF ACCOUNT.

See Chattel Mortgages.
In action on account, see Account, Action on,
$ 6.
XI. MÓTIONS.

POLICE POWER.
Harmless error in compelling election between | of municipality, see Municipal Corporations, s
causes of action, see Appeal and Error, ģ

591-626.
1039.

Particular subjects of regulation, see Intoxica.
Motion for judgment on pleadings in interplead-

ting Liquors, 11; Licenses, $$ 6, 14; Suj-
er, see Interpleader, 8 33.

day.

Regulation of hours of employment, see Mas-
XII. ISSUES, PROOF, AND VARIANCE.

ter and Servant, & 13.
Applicability of instructions to issues, see Trial,
§ 251.

POLICY.
Conformity of judgment to issues raised by
pleading, see Judgment, $ 251.

Of insurance, see Insurance,
In pleading damages in general, see Damages,
88 160.

POLITICAL PARTIES.
In particular actions or proceedings.
For injuries to animals on or near railroad Nominations and primary elections, see Elec
tracks, see Railroads, $ 440.

tions, & 120.
For injuries to passengers, see Carriers, § 315.
For injuries to servants, see Master and Sery-

POLITICAL RIGHTS.
ant, $ 264.

Suffrage, see Elections.
XIII. DEFECTS AND OBJECTIONS,
WAIVER, AND AIDER BY VER-

POLL TAXES.
DICT OR JUDGMENT.'
Defects in indictment and information, see In- See Taxation, $ 55.
dictment and Information, $ 196.

POOL ROOMS.
$ 409. Where plaintiff had gone

to trial
without making any objection to the answer, Permitting minors to enter and remain in poc
an objection made at the following term after rooms without consent of parents, see Infants
he had filed an amended petition, was too late,
-Deweese v. Maxwell (Ky.) 145.
$ 409. The sufficiency of an answer, not

POOLS.
questioned by demurrer or motion, held to be Act prohibiting sale of pooled products in rie's:
considered with reference to such aid as it re-

tion of contract as denial of equal protectia
ceived from admissions against interests by

of laws, see Constitutional Law, $ 239; ss 10
plaintiff in the petition, and such reasonable

terference with right to acquire property, se
implications as arise from averments contained
in the answer. - Wycoff v. Epworth Hotel Con- Pooling farm products as violation of anti-tres

Constitutional Law, $ 87.
struction & Real Estate Co. (Mo. App.) 550.

laws, see Monopolies, $ 10.
§ 426. Defendant waived its right to have Power of state to make sale of pooled prodra
certain matter stricken from the complaint by in violation of contracts a crime, see Crimie.
answering over to the merits and declining to Law, § 5.
stand on its motion to strike out.-McMurray Subject and title of statute relating to pocling
v. St. Louis, I. M. & S. Ry. Co. (Mo.) 751. of farm products, see Statutes, s 118.

$ 426. A motion to make the petition more
definite and certain is waived by pleading over.

POSSESSION.
-- Norman v. Sheip (Mo. App.) 527.

$ 433. Failure of a petition to foreclose a See Adverse Possession.
mechanic's lien to sufficiently charge that the Of building burgla rized, see Burglary, $i.

8 20.

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Of defendant in action for recovery of posses- , Condemnation proceedings, see Eminent Do-
sion, see Replevin, $ 10.

main, 88 166-222.
Of demised premises, recovery by landlord, see Election contest, see Elections, $ 275.
Landlord and Tenant, $S 278, 292.

For alienation of affections of husband or wife,
Of land as notice affecting bona fides of pur see Ilusband and Wife, $ 324.

chase, see Vendor and Purchaser, $ 232. For breach of contract, see Contracts, $ 332.
Of personal property, remedies for recovery, see For breach of contract of sale, see Sales, § 384.
Replevin.

For causing death, see Death, $8 35, 48–76,
Of real property, remedies for recovery, see 82–89, 101.
Ejectment; Trespass to Try Title.

For compensation of broker, see Brokers, $8
Of stolen property, evidence of in prosecution

8.7-88.
for burglary, see Burglary, 8 42.

For contempt, see Contempt, $ 66.
Recovery of possession by vendor of land, see For delay in transportation or delivery of
Vendor and Purchaser, $ 299.

goods, see Carriers, 88 103-105.
To support action of trespass, see Trespass, $ 20. For delay in transportation or delivery of live

stock, see Carriers, $8227-230.
POSSESSORY WARRANT.

For divorce, see Divorce, 88 148–197.

For equitable relief against judgment, see Judg-
Actions for recovery of personalty founded on ment, $8 461, 466.
right of possession, see Replevin.

For fraud, see Fraud, 88 34–59.

For injuries at railroad · crossings, see Rail-
POST DATING.

roads, $$ 350, 351.

For injuries from fires cansed by operation of
Of contract, see Contracts, $ 34.

railroad, see Railroads, $$ 474-485.

For injuries from negligence in general, see
POSTPONEMENT.

Negligence, $8 111-136.
For injuries from negligence or default in trans-

mission or delivery of telegraph or telephone
Continuance of civil actions, see Continuance.
Continuance of criminal prosecutions, see Crim-

message, see Telegraphs and Telephones, 88

63–74.
inal Law, $$ 575–603.

For injuries from negligent use of street, see

Municipal Corporations, $ 704.
POUNDS.

For injuries from production or use of elec-
Liability of city for unlawfully impounding an- For injuries from sale of intoxicating liquors,

tricity, see Electricity, $ 19.
imals, see Municipal Corporations, $ 747.

see Intoxicating Liquors, $8 303, 310.

For injuries to animals on or near railroad
POWERS.

tracks, see Railroads, 88 440-446.
Of attorney, see Principal and Agent.

For injuries to easements, see Easements, SS

63, 09.
Of attorney, admissibility in evidence, see Evi-
dence, $ 370.

For injuries to licensees or trespassers on rail-
Of sale in mortgage, see Mortgages, $$ 331-369. For injuries to passengers, see Carriers, $$ 312-

road property in general, see Railroads, $ 292.

321, 317, 348.
PRACTICE.

For injuries to persons on or near railroad
Retrospective laws relating to remedies, see

tracks, see Railroads, $$ 398, 401.
Constitutional Law, $ 191.

For injuries to persons on or near street rail-
Rules by court, see Courts, 88 85.

road tracks, see Street Railroads, $ 117.
Subjects and titles of acts relating to civil rem- | For injuries to servants, see Master and Serv-
edies and procedure, see Statutes, $ 117.

art, $$ 262-2%.

For judgment by default, see Judgment, $S 135–
In particular civil actions or proceedings. 162.
See Account, Action on; Attachment, $8291, For libel or slander, see Libel and Slander, $8
2996; Bankruptcy; Ejectment, 88 64-93; Es 82, 123.
ecution; Habeas Corpus, § 107; Injunction, For loss of or injury to live stock, see Car-
$S 118, 175, 200; Interpleader, $ 33; Man .riers, 88 227-230.
damus, & 168; Partition, $g 77-109; Replev- For new trial, see New Trial, $ 159.
in; Trespass, 88 40, 45, 46, 50-58; Trover For purchase money on sale of goods, see Sales,
and Conversion, $ 48.

§ 348.
Accounting by guardian, see Guardian and For rent, see Landlord and Tenant, $ 223.
Ward, $160-165.

For wrongful discharge of servant, see Master
Against sureties, see Principal and Surety, 88 and Servant, $$ 35-43.
159, 161.

On bills or notes, see Bills and Notes, $$ 452-
Appointment of executor or administrator, see

537.
Executors and Administrators, 20.

On contracts of suretyship, see Principal and
Assessment of damages, see Damages, $$ 208–

Surety, $$ 159, 161.
217.

On lost instruments, see Lost Instruments, $
Between bailor and bailee, see Bailment, $8 30,

24.

Probate proceedings and actions relating to
Between partners, see Partnership, $ 120. wills or probate, see Wills, 88 222-418.
Between sureties, see Principal and Surety, 8 Settlement, signing, and filing of bill of excep-
200.

tions, see Exceptions, Bill of, 88 40-59.
By or against executors or administrators, see To cancel written instrument, see Cancellation
Executors and Administrators, $$ 413. 451.

of Instruments, 8 59.
By or against firms or partners, see Partner- To construe will, see Wills, $ 638.
ship, &$ 199-219.

To enforce assessment for public improvement,
By or against infants, see Infants, $$ 72–102. see Municipal Corporations, $8 565, 567,
By or against principals or agents, see Prin- To enforce dissolution of corporation, see Cor-
cipal and Agent, $ 190.

porations, $ 614.
By or against trustees in bankruptcy, see Bank- To enforce liability of corporate officers or
ruptcy, $ 299.

agents, see Corporations, 8 355,
By owners of property wrongfully taken for To enforce lien, see Liens, '$ 22.

public use, see Eminent Domain, &$ 275, 300. | To enforce mechanic's lien, see Mechanics'
By vendor to recover possession of land, see Liens, $ 264.
Vendor and Purchaser, $ 299.

To enforce taxes, see Taxation, $ 608.

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