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but did not object to the ruling of the court refusing to do so and did not ask to be indemnified against costs and loss, the court did not abuse its discretion in refusing to dismiss.Ingham Lumber Co. v. Ingersoll & Co. (Ark.) 139.

$219. In a suit by a partnership for breach of a contract, the fact that one of the partners made no claim for damages would not limit the recovery, in the suit, to such an amount as the other partner was entitled to by his interest in the firm.-Ingham Lumber Co. v. Ingersoll & Co. (Ark.) 139.

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See Accord and Satisfaction; Compromise and Settlement.

Of bills or notes, see Bills and Notes, §§ 432, 439.

Part payment as accord and satisfaction, see Accord and Satisfaction, § 11.

IV. PLEADING, EVIDENCE, TRIAL, AND REVIEW.

Parol evidence, see Evidence, §§ 433, 434. Parol or extrinsic evidence to contradict or vary receipts, see Evidence, § 408.

§ 74. A receipt in full introduced by the party relying on it is conclusive, in the absence of attempt by the other side to prove that it was obtained by fraud or mistake.-Cache Valley Lumber Co. v. Culver Co. (Ark.) 430.

V. RECOVERY OF PAYMENTS. Payments for land sold, see Vendor and Purchaser, § 334.

PAYMENT INTO COURT.

PEDIGREE.

Declarations or family records and reputation as to pedigree, see Evidence, § 291.

PENAL STATUTES.

Enforcement in courts of other state, see Courts, § 8.

PENALTIES.

Distinction between liquidated damages and penalties, see Damages, § 79.

For default in payment for electrical service, see Electricity, § 11.

PENDENCY OF ACTION.

See Lis Pendens.

PERFORMANCE.

Of particular classes of duties or obligations. Contract in general, see Contracts, §§ 278-321. Contract of sale, see Sales. §8 1682-181; Vendor and Purchaser, § 134.

Contract within statute of frauds, see Frauds, Statute of. § 129.

Payment of bill or note, see Bills and Notes, §§ 432, 439.

Services by broker, see Brokers, §§ 50, 57.

PERJURY.

Ground for equitable relief against judgment, see Judgment, § 444.

PERMANENT INJUNCTION.

See Injunction, § 200.

PERPETUAL INJUNCTION.

See Injunction, § 200.

PERPETUATION OF TESTIMONY. See Depositions.

PERSONAL INJURIES.

Causing death, see Death, §§ 9-104.

Imposition of liability for, as denial of equal protection of laws, see Constitutional Law, $ 245.

Risks and causes of loss within accident insurance policy, see Insurance, § 461.

Particular causes or means of injury. See Assault and Battery; Electricity, §§ 16, 19. Acts or omissions of carrier, see Carriers, §§ 280-321.

Acts or omissions of municipality in general, see Municipal Corporations, §§ 736-845. Acts or omissions of municipal officers or agents, see Municipal Corporations, §§ 7452, 747.

Negligence in general, see Negligence. Negligence in use of highway, see Highways, §§

172-184.

Negligence in use of street, see Municipal Corporations, §§ 705, 706.

Operation of railroads, see Railroads, §§ 282, 307-351, 356-401.

Operation of street railroads, see Street Railroads, 88 85-117.

Particular classes of persons injured.

Of amount tendered or admitted to be due, ef- Employés, see Master and Servant, §§ 85-296. fect on award of costs, see Costs, § 42.

PEACE.

Breach of public peace, Peace.

Passengers, see Carriers, §§ 280-321, 347, 348.

See Damages.

Remedies.

see Breach of the Evidence admissible as part of res gestæ, see Evidence, §§ 119, 121-128.

Opinion evidence as to cause and effect, see
Evidence, § 528.

PERSONAL PROPERTY.

See Property.

Annexation to real property, see Fixtures.

Of record of deed as affecting notice to subse
quent purchasers, see Vendor and Purchaser,
$231.

Of trial, see Criminal Law, § 108; Venue.

PLAYS.

Assets of estate of decedent, see Executors and See Theaters and Shows.
Administrators, §§ 43, 160.

Gift, see Gifts.

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See Pleading.

PETITION.

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See Adverse Possession, § 111;
§ 32.
Damages, see Damages, §§ 145-160.
Gift causa mortis, see Gifts, $78.

For removal of cause to federal court, see Re- Gift inter vivos, see Gifts, § 45.
moval of Causes, § 86.

See Jury.

PETIT JURY.

PHYSICIANS AND SURGEONS.
Employment by city, see Municipal Corpora-
tions, § 214.

Evidence of other offenses in prosecution for
practicing without authority, see Criminal
Law, $369.

Expert testimony, see Evidence, §§ 528, 553.
Physician's services as necessaries, see Infants,
$50.

Reading medical books by counsel in argument
to jury, see Trial, § 117.

Sale of intoxicating liquors on physician's pre-
scription, see Intoxicating Liquors, § 155.
Statements to physicians by person injured as
part of res gestæ, see Evidence, § 128.

§ 6. An ophthalmologist held a medical prac-
titioner within Laws 1907, p. 358, § 5.-State v.
Blumenthal (Mo. App.) 1188.

$ 6. In a prosecution for practicing medicine
without a license, evidence of the sign on de-
fendant's office door held admissible.-State v.
Blumenthal (Mo. App.) 1188.

§ 6. Evidence held to show that accused was
practicing medicine within Laws 1907, p. 358,
5.-State v. Blumenthal (Mo. App.) 1188.

PIPE LINES.

Mistake in description of property sought to be
recovered, see Ejectment, § 64.

Statute, see Statutes, § 281.

Statute of limitations, see Limitation of Ae-
tions, § 182.

In actions by or against particular classes of
persons.

See Carriers, §§ 227, 314, 315; Executors and
Administrators, § 443; Infants. § 92: Mas-
ter and Servant, §§ 262, 264; Municipal Cor
porations, § 845; Partnership, § 120; Rail-
roads, § 440.

Telegraph or telephone companies, see Tele-
graphs and Telephones, § 65.

In particular actions or proceedings.
See Ejectment, § 64; Trespass, § 40.
Between parties to bailment, see Bailment. § 39.
For breach of contract in general, see Con-
tracts, § 332.

For causing death, see Death, §§ 48, 49.
For delay in transportation or delivery of goods,
see Carriers, § 103.

For injunction, see Injunction, § 118.
For injuries from defect or obstruction in sew-
er, see Municipal Corporations, § 845.
For injuries from negligence, see Negligence,
§§ 111, 117.

For injuries from negligence or default in trans-
mission or delivery of telegraph or telephone
message, see Telegraphs and Telephones. § 65
For injuries to animals on or near railroad
tracks, see Railroads, § 440.

For injuries to passengers, see Carriers, §§ 314,
315.

For conveyance of water, see Waters and Wa- For injuries to reversion, see Reversions, § S
ter Courses, §§ 206, 209.

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For injuries to servants, see Master and Serv-
ant, §§ 262, 264.

For insurance premium, see Insurance, § 18S.
For libel or slander, see Libel and Slander, § 82
For loss of or injury to live stock in course of
transportation, see Carriers, § 227.

For removal of cause, see Removal of Causes,
§ 86.

On account, see Account, Action on, § 6.
On note, see Bills and Notes, § 452.
Pleas in criminal prosecutions, see Criminal
Law, $$ 261-280.

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Admissibility of abandoned pleadings in evi-
dence, see Evidence, § 208.
Necessity of formal pleadings in probate court,
see Courts, § 202.

§ 8. In an action for the price of goods, an
answer that the goods were not manufactured
in compliance with the food and drug act (Act
June 30, 1906, c. 3915, 34 Stat. 768 [U. S.
Comp. St. Supp. 1909, p. 1187]), as required by
the contract, simply pleaded a conclusion of law.
-Mutual Mfg. Co. v. Charles Moore & Co.
(Ky.) 267.

§ 8. In an action to restrain the collection
of taxes, because of an excessive assessment, a
petition, alleging that the act of the board of
supervisors in raising the assessment was
fraud on petitioner, held insufficient; the alle-
gation being a mere conclusion.-Star Milling

a

Co. v. Board of Councilmen of Town of Nichol-

asville (Ky.) 1051.

§ 8. Allegations in a petition in an action
for negligent death occurring in Iowa, which
states that the action is authorized by Code
Iowa, §§ 3313, 3443, 447, held conclusions of
law, and bad on demurrer.-Gibson v. Chicago
Great Western Ry. Co. (Mo.) 453.

$20. Where plaintiff is in doubt about the
particular facts as to the cause of the injury,
which facts are within the knowledge of the de-
fendant, it is proper to plead such facts in the
alternative, without rendering the pleading in-
consistent.-St. Louis Southwestern Rv. Co. of
Texas v. Langston (Tex. Civ. App.) 334.

§ 34. The allegations of a pleading are taken
most strongly against the pleader.-Palmer &
Hardin v. Fidelity & Casualty Co. of New York
(Ky.) 270.

§ 34. Every pleading must be construed most
strongly against the pleader, and every reason-
able intendment must be taken against him.-
Watson v. City of Morehead (Ky.) 724.

In particular actions or proceedings.
See Ejectment, § 64; Trespass, § 40.
For breach of contract, see Contracts, § 332.
For causing death, see Death, $$ 48, 49.
For delay in delivering telegram, see Telegraphs
and Telephones, § 65.

For delay in transportation or delivery of
freight, see Carriers, § 103.

For injunction, see Injunction, § 118.
For injuries from defects or obstructions_in
sewers, see Municipal Corporations, § 845.
For injuries from negligence in general, see
Negligence, §§ 111, 117.

For injuries to passenger, see Carriers, § 314.
For injuries to reversion, see Reversions, § 8.
For libel or slander, see Libel and Slander, § 82.
To remove cause from state to federal court, see
Removal of Causes, § 86.

§ 49. The Civil Code of Practice having abol-.
ished the forms of action, all that is necessary
is that the complaint state facts sufficient to
constitute a cause of action within the jurisdic-
tion of the court.-Crowder v. Fordyce Lumber
Co. (Ark.) 417.

III. PLEA OR ANSWER, CROSS-COM-
PLAINT, AND AFFIDAVIT

OF DEFENSE.

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V. DEMURRER OR EXCEPTION.

Objections for purpose of review, see Appeal and
Error, & 242.

Presumptions on appeal or writ of error, see
Appeal and Error, § 917.

Review of decisions, see Appeal and Error, §
1040.

§ 205. A complaint is not subject to general
demurrer if the facts stated, with every reason-
able inference therefrom, constitute a cause of
action.-Cox v. Smith (Ark.) 437.

§ 214. The allegations of an answer will be
taken as true on demurrer.-Hurley v. Big
Sandy & C. Ry. Co. (Ky.) 302.

§ 214. In passing on a demurrer to a plead-
ing, allegations therein which are conclusions of
law must be eliminated.-Gibson v. Chicago
Great Western Ry. Co. (Mo.) 453.

§ 214. A general demurrer held to admit
only the truth of the facts pleaded.-Harris v.
Santa Fé Townsite Co. (Tex. Civ. App.) 77.

$228. Where exceptions to allegations in a
pleading are abandoned, they cannot be renewed
§ 34. Where confusion or doubt appears as by 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 pleader.-Brier v. Dean (Tex. Civ. App.) 989.

v. State Exch. Bank of Macon (Mo.) 469.

§ 34. In determining the sufficiency of a
pleading after verdict, all necessary implications
and reasonable inferences of fact must be al-
lowed in aid thereof.-Wycoff v. Epworth Hotel
Construction & Real Estate Co. (Mo. App.) 550.

II. DECLARATION, COMPLAINT, PE-
TITION, OR STATEMENT.

In justices' courts, see Justices of the Peace,
§ 91.

Joinder of causes of action, see Action. § 45.
Single and entire cause of action, see Action,
38.

VI. AMENDED AND SUPPLEMENTAL
PLEADINGS AND REPLEADER.
Amendment as affecting lis pendens, see Lis
Pendens, § 21.
Amendment as affecting time for trial, see Trial,
§ 5.
Amendment of indictment or information, see
Indictment and Information, § 161.
Change of character or form of action, in gen-
eral, see Action, § 36.

Effect of amendment on limitation of actions,
see Limitation of Actions, § 127.

Review of decisions, see Appeal and Error, §
1041.

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

§ 237. In an action, one object of which was,
as allowed by Civ. Code Prac. § 661, to enforce
payment by defendant of notes on which plain-
tiffs were sureties, held that the court did not
err in allowing the filing of an amended peti-
tion just before submission of the cause.
Quigley v. Beam's Adm'r (Ky.) 727.

§ 248. An amendment of the petition in an
action on a note which merely changed one ini-
tial in the name of the maker did not set up a
new cause of action.-Austin v. Jackson Trust
& Sav. Bank (Tex. Civ. App.) 936.

$279. A supplemental petition held insuffi-
cient to put in issue the execution of written
instruments offered in support of a plea of es-
toppel.-Missouri, K. & T. Ry. Co. v. Gober
(Tex. Civ. App.) 383.

§ 279. A supplemental petition held not to
set up a new cause of action.-Harlan v. Harlan
(Tex. Civ. App.) 950.

VII. SIGNATURE AND VERIFICATION.
$301. An affidavit held not objectionable for
failure to state that the facts contained in the
petition verified were true.-Bilby v. Hancock
(Tex. Civ. App.) 370.

IX. BILL OF PARTICULARS AND
COPY OF ACCOUNT.

In action on account, see Account, Action on,
§ 6.
XI. MOTIONS.
Harmless error in compelling election between
causes of action, see Appeal and Error, §
1039.

Motion for judgment on pleadings in interplead-
er, see Interpleader, § 33.

XII. ISSUES, PROOF, AND VARIANCE.
Applicability of instructions to issues, see Trial,
$ 251.

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

In pleading damages in general, see Damages,
§§ 160.

In particular actions or proceedings.
For injuries to animals on or near railroad
tracks, see Railroads, § 440.
For injuries to passengers, see Carriers, § 315.
For injuries to servants, see Master and Serv-
ant, $264.

XIII. DEFECTS AND OBJECTIONS,
WAIVER, AND AIDER BY VER-

DICT OR JUDGMENT.

material was sold to be used in the building in
question and was so used held cured by the evi
dence and judgment.-Schnute Holtman Co. v.
Sweeney (Ky.) 180.

aside a default judgment, held sufficient after
§ 433. A petition, in a suit in equity to set
judgment.-Howard v. Scott (Mo.) 1158.

not defective after verdict for failure to allege
§ 433. A petition for damages for fire held
Norman v. Sheip (Mo. App.) 527.
the items and value of the property destroyed.-

have stated a cause of action, is sufficient after
§ 433. A petition, however defectively it may
verdict.-Norman v. Sheip (Mo. App.) 527.

§ 433. A petition held to sufficiently allege
the causal connection between defendant's neg
Coy v. Landers (Mo. App.) 789.
ligence and plaintiff's injury after verdict.-

§ 434. An answer held to sufficiently show
after verdict that a domestic corporation was
a trust company, authorized under Rev. St.
1126), to act as assignee for the benefit of cred-
1899, §§ 1427, 1438 (Ann. St. 1906, pp. 1120,
itors.-Wycoff v. Epworth Hotel Construction
& Real Estate Co. (Mo. App.) 550.

PLEDGES.

See Chattel Mortgages.

POLICE POWER.

Of municipality, see Municipal Corporations, §
591-626.

Particular subjects of regulation, see Intoxica-
ting Liquors, § 11; Licenses, §§ 6, 14; Sun-
day.

Regulation of hours of employment, see Mas-
ter and Servant, § 13.

POLICY.

Of insurance, see Insurance.

POLITICAL PARTIES.

Nominations and primary elections, see Elec-
tions, § 120.

POLITICAL RIGHTS.

Suffrage, see Elections.

POLL TAXES.

Defects in indictment and information, see In- See Taxation, § 55.
dictment and Information, § 196.

§ 409. Where plaintiff had gone to trial
without making any objection to the answer,
an objection made at the following term after
he had filed an amended petition, was too late.
-Deweese v. Maxwell (Ky.) 145.

answer, not

§ 409. The sufficiency of an
questioned by demurrer or motion, held to be
considered with reference to such aid as it re-
ceived from admissions against interests by
plaintiff in the petition, and such reasonable
implications as arise from averments contained
in the answer. Wycoff v. Epworth Hotel Con-
struction & Real Estate Co. (Mo. App.) 550.

§ 426. Defendant waived its right to have
certain matter stricken from the complaint by
answering over to the merits and declining to
stand on its motion to strike out.-McMurray
v. St. Louis, I. M. & S. Ry. Co. (Mo.) 751.

$ 426. A motion to make the petition more
definite and certain is waived by pleading over.
-Norman v. Sheip (Mo. App.) 527.

POOL ROOMS.

Permitting minors to enter and remain in pool
rooms without consent of parents, see Infants
§ 20.

POOLS.

Act prohibiting sale of pooled products in viola-
tion of contract as denial of equal protection
of laws, see Constitutional Law, § 239; as ir
terference with_right to acquire property, see
Pooling farm products as violation of anti-trust
Constitutional Law, § 87.
Power of state to make sale of pooled products
laws, see Monopolies, § 10.
in violation of contracts a crime, see Criminal
Subject and title of statute relating to pooling
Law, § 5.
of farm products, see Statutes, § 118.

POSSESSION.

$433. Failure of a petition to foreclose a See Adverse Possession.

mechanic's lien to sufficiently charge that the Of building burglarized, see Burglary, 7.

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

Of demised premises, recovery by landlord, see
Landlord and Tenant, §§ 278, 292.

Of land as notice affecting bona fides of pur-
chase, see Vendor and Purchaser, § 232.
Of personal property, remedies for recovery, see
Replevin.

Of real property, remedies for recovery, see
Ejectment; Trespass to Try Title.

Of stolen property, evidence of in prosecution
for burglary, see Burglary, § 42.
Recovery of possession by vendor of land, see
Vendor and Purchaser, § 299.

To support action of trespass, see Trespass, § 20.

POSSESSORY WARRANT.

Actions for recovery of personalty founded on
right of possession, see Replevin.

POST DATING.

Of contract, see Contracts, § 34.

POSTPONEMENT.

Continuance of civil actions, see Continuance.
Continuance of criminal prosecutions, see Crim-
inal Law, $$ 575-603.

POUNDS.

Liability of city for unlawfully impounding an-
imals, see Municipal Corporations, § 747.

POWERS.

Of attorney, see Principal and Agent.

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

Of sale in mortgage, see Mortgages, §§ 331-369.

PRACTICE.

Retrospective laws relating to remedies, see
Constitutional Law, § 191.
Rules by court, see Courts, §§ 85.
Subjects and titles of acts relating to civil rem-
edies and procedure, see Statutes, § 117.

In particular civil actions or proceedings.
See Account, Action on; Attachment, §§ 291,
296; Bankruptcy; Ejectment, §§ 64-93; Ex-
ecution; Habeas Corpus, § 107; Injunction,
88 118, 175, 200; Interpleader, § 33; Man-
damus, § 168; Partition, $$ 77-109; Replev-
in; Trespass, 88 40, 45, 46, 50-58; Trover
and Conversion, § 48.

Accounting by guardian, see Guardian and
Ward, §§ 160-165.

Against sureties, see Principal and Surety, §§
159, 161.

Appointment of executor or administrator, see
Executors and Administrators, § 20.
Assessment of damages, see Damages, §§ 208-
217.

Between bailor and bailee, see Bailment, §§ 30,
31.

Between partners, see Partnership, § 120.
Between sureties, see Principal and Surety,
200.

By or against executors or administrators, see
Executors and Administrators, §§ 443, 451.
By or against firms or partners, see Partner-
ship, $$ 199-219.

By or against infants, see Infants, §§ 72-102.
By or against principals or agents, see Prin-
cipal and Agent, § 190.

By or against trustees in bankruptcy, see Bank-
ruptcy, 299.

By owners of property wrongfully taken for
public use, see Eminent Domain, §§ 275, 300.
By vendor to recover possession of land, see
Vendor and Purchaser, § 299.

main, §§ 166-222.

Election contest, see Elections, § 275.
For alienation of affections of husband or wife,
see Husband and Wife, § 324.

For breach of contract, see Contracts, § 332.
For breach of contract of sale, see Sales, § 384.
For causing death, see Death, §§ 35, 48-76,
82-89, 104.

For compensation of broker, see Brokers, §§
85-88.

For contempt, see Contempt, § 66.

For delay in transportation or delivery of
goods, see Carriers, §§ 103-105.

For delay in transportation or delivery of live
stock, see Carriers, §§ 227–230.

For divorce, see Divorce, §§ 148-197.
For equitable relief against judgment, see Judg-
ment, $$ 461, 466.

For fraud, see Fraud, §§ 34-59.

.

For injuries at railroad crossings, see Rail-
roads, $$ 350, 351.

For injuries from fires caused by operation of
railroad, see Railroads, §§ 474-485.

For injuries from negligence in general, see
Negligence, §§ 111-136.

For injuries from negligence or default in trans-
mission or delivery of telegraph or telephone
message, see Telegraphs and Telephones, §§
65-74.

For injuries from negligent use of street, see
Municipal Corporations, § 706.

For injuries from production or use of elec-
For injuries from sale of intoxicating liquors,
tricity, see Electricity, § 19.
see Intoxicating Liquors, §§ 309, 310.
For injuries to animals on or near railroad
tracks, see Railroads, §§ 440-446.

For injuries to easements, see Easements, §§
63, 69.

For injuries to licensees or trespassers on rail-
For injuries to passengers, see Carriers, §§ 312-
road property in general, see Railroads, § 282.

321, 347, 348.

For injuries to persons on or near railroad
tracks, see Railroads, §§ 398, 401.

For injuries to persons on or near street rail-
road tracks, see Street Railroads, § 117.
For injuries to servants, see Master and Serv
ant. §§ 262–296.

For judgment by default, see Judgment, §§ 135-
162.

For libel or slander, see Libel and Slander, §§
82, 123.

For loss of or injury to live stock, see Car-
riers, $8 227–230.

For new trial, see New Trial, § 159.
For purchase money on sale of goods, see Sales,
§ 348.

For rent, see Landlord and Tenant, § 223.
For wrongful discharge of servant, see Master
and Servant, §§ 35-43.

On bills or notes, see Bills and Notes, §§ 452-
537.

On contracts of suretyship, see Principal and
Surety, $$ 159, 161.

On lost instruments, see Lost Instruments, §
24.

Probate proceedings and actions relating to
wills or probate, see Wills, §§ 222-418.
Settlement, signing, and filing of bill of excep-
tions, see Exceptions, Bill of, §§ 40-59.
To cancel written instrument, see Cancellation
of Instruments, § 59.

To construe will, see Wills, § 698.

To enforce assessment for public improvement,
see Municipal Corporations, §§ 565, 567.
To enforce dissolution of corporation, see Cor-
porations, § 614.

To enforce liability of corporate officers or
agents, see Corporations, § 355.

To enforce lien, see Liens, § 22.

To enforce mechanic's lien, see Mechanics'
Liens, § 264.

To enforce taxes, see Taxation, § 608.

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