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. 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 PERSONAL PROPERTY. See Property. Annexation to real property, see Fixtures. Of record of deed as affecting notice to subse Of trial, see Criminal Law, § 108; Venue. PLAYS. Assets of estate of decedent, see Executors and See Theaters and Shows. Gift, see Gifts. See Pleading. PETITION. See Adverse Possession, § 111; For removal of cause to federal court, see Re- Gift inter vivos, see Gifts, § 45. See Jury. PETIT JURY. PHYSICIANS AND SURGEONS. Evidence of other offenses in prosecution for Expert testimony, see Evidence, §§ 528, 553. Reading medical books by counsel in argument Sale of intoxicating liquors on physician's pre- § 6. An ophthalmologist held a medical prac- $ 6. In a prosecution for practicing medicine § 6. Evidence held to show that accused was PIPE LINES. Mistake in description of property sought to be Statute, see Statutes, § 281. Statute of limitations, see Limitation of Ae- In actions by or against particular classes of See Carriers, §§ 227, 314, 315; Executors and Telegraph or telephone companies, see Tele- In particular actions or proceedings. For causing death, see Death, §§ 48, 49. For injunction, see Injunction, § 118. For injuries from negligence or default in trans- For injuries to passengers, see Carriers, §§ 314, For conveyance of water, see Waters and Wa- For injuries to reversion, see Reversions, § S For injuries to servants, see Master and Serv- For insurance premium, see Insurance, § 18S. For removal of cause, see Removal of Causes, On account, see Account, Action on, § 6. Admissibility of abandoned pleadings in evi- § 8. In an action for the price of goods, an § 8. In an action to restrain the collection a Co. v. Board of Councilmen of Town of Nichol- asville (Ky.) 1051. § 8. Allegations in a petition in an action $20. Where plaintiff is in doubt about the § 34. The allegations of a pleading are taken § 34. Every pleading must be construed most In particular actions or proceedings. For delay in transportation or delivery of For injunction, see Injunction, § 118. For injuries to passenger, see Carriers, § 314. § 49. The Civil Code of Practice having abol-. III. PLEA OR ANSWER, CROSS-COM- OF DEFENSE. V. DEMURRER OR EXCEPTION. Objections for purpose of review, see Appeal and Presumptions on appeal or writ of error, see Review of decisions, see Appeal and Error, § § 205. A complaint is not subject to general § 214. The allegations of an answer will be § 214. In passing on a demurrer to a plead- § 214. A general demurrer held to admit $228. Where exceptions to allegations in a v. State Exch. Bank of Macon (Mo.) 469. § 34. In determining the sufficiency of a II. DECLARATION, COMPLAINT, PE- In justices' courts, see Justices of the Peace, Joinder of causes of action, see Action. § 45. VI. AMENDED AND SUPPLEMENTAL Effect of amendment on limitation of actions, Review of decisions, see Appeal and Error, § 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, § 248. An amendment of the petition in an $279. A supplemental petition held insuffi- § 279. A supplemental petition held not to VII. SIGNATURE AND VERIFICATION. IX. BILL OF PARTICULARS AND In action on account, see Account, Action on, Motion for judgment on pleadings in interplead- XII. ISSUES, PROOF, AND VARIANCE. Conformity of judgment to issues raised by In pleading damages in general, see Damages, In particular actions or proceedings. XIII. DEFECTS AND OBJECTIONS, DICT OR JUDGMENT. material was sold to be used in the building in aside a default judgment, held sufficient after not defective after verdict for failure to allege have stated a cause of action, is sufficient after § 433. A petition held to sufficiently allege § 434. An answer held to sufficiently show PLEDGES. See Chattel Mortgages. POLICE POWER. Of municipality, see Municipal Corporations, § Particular subjects of regulation, see Intoxica- Regulation of hours of employment, see Mas- POLICY. Of insurance, see Insurance. POLITICAL PARTIES. Nominations and primary elections, see Elec- POLITICAL RIGHTS. Suffrage, see Elections. POLL TAXES. Defects in indictment and information, see In- See Taxation, § 55. § 409. Where plaintiff had gone to trial answer, not § 409. The sufficiency of an § 426. Defendant waived its right to have $ 426. A motion to make the petition more POOL ROOMS. Permitting minors to enter and remain in pool POOLS. Act prohibiting sale of pooled products in viola- 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- Of demised premises, recovery by landlord, see Of land as notice affecting bona fides of pur- Of real property, remedies for recovery, see Of stolen property, evidence of in prosecution To support action of trespass, see Trespass, § 20. POSSESSORY WARRANT. Actions for recovery of personalty founded on POST DATING. Of contract, see Contracts, § 34. POSTPONEMENT. Continuance of civil actions, see Continuance. POUNDS. Liability of city for unlawfully impounding an- POWERS. Of attorney, see Principal and Agent. Of attorney, admissibility in evidence, see Evi- Of sale in mortgage, see Mortgages, §§ 331-369. PRACTICE. Retrospective laws relating to remedies, see In particular civil actions or proceedings. Accounting by guardian, see Guardian and Against sureties, see Principal and Surety, §§ Appointment of executor or administrator, see Between bailor and bailee, see Bailment, §§ 30, Between partners, see Partnership, § 120. By or against executors or administrators, see By or against infants, see Infants, §§ 72-102. By or against trustees in bankruptcy, see Bank- By owners of property wrongfully taken for main, §§ 166-222. Election contest, see Elections, § 275. For breach of contract, see Contracts, § 332. For compensation of broker, see Brokers, §§ For contempt, see Contempt, § 66. For delay in transportation or delivery of For delay in transportation or delivery of live For divorce, see Divorce, §§ 148-197. For fraud, see Fraud, §§ 34-59. . For injuries at railroad crossings, see Rail- For injuries from fires caused by operation of For injuries from negligence in general, see For injuries from negligence or default in trans- For injuries from negligent use of street, see For injuries from production or use of elec- For injuries to easements, see Easements, §§ For injuries to licensees or trespassers on rail- 321, 347, 348. For injuries to persons on or near railroad For injuries to persons on or near street rail- For judgment by default, see Judgment, §§ 135- For libel or slander, see Libel and Slander, §§ For loss of or injury to live stock, see Car- For new trial, see New Trial, § 159. For rent, see Landlord and Tenant, § 223. On bills or notes, see Bills and Notes, §§ 452- On contracts of suretyship, see Principal and On lost instruments, see Lost Instruments, § Probate proceedings and actions relating to To construe will, see Wills, § 698. To enforce assessment for public improvement, To enforce liability of corporate officers or To enforce lien, see Liens, § 22. To enforce mechanic's lien, see Mechanics' To enforce taxes, see Taxation, § 608. |