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64.

To establish and determine heirship, see De-

PREFERENCES.
scent and Distribution, $ 71.
To establish and protect easement, see Ease- Affecting validity of conveyance as to creditors,
ments, $ 61.

see Fraudulent Conveyances, § 115.
To establish boundaries, see Boundaries, $8 32,
37.

PREJUDICE.
To establish drains, see Drains, $ 25.
To establish highways, see Highways, $$ 41- Appeal by counsel to prejudice of jury, see

Criminal Law, $ 723.
To foreclose mortgage, see Mortgages, $$ 390, Ground for reversal in civil actions, see Appeal
494.

and Error, $8 1026-1073.
To procure liquor license, see Intoxicating Liq. Ground for reversal in criminal cases, see Crim-
uors, 8 74.

inal Law, 8$ 1166–1171.
To recover bank deposits, see Banks and Bank-
ing, $ 154.

PRELIMINARY EVIDENCE.
To redeem from mortgage sale, see Mortgages,
$ 610.

Proof of execution, and authentication of docu.
To sell property of decedent, see Executors and ments offered in evidence, see Evidence, &
Administrators, $$ 332-349.

370, 372.
To set aside conveyaņce fraudulent as to wife,
see Divorce, $ 276.

PRELIMINARY INJUNCTION.
To set aside fraudulent conveyance, see Fraud-
ulent Conveyances, $8_295-317.

See Injunction, $ 175.
To set aside sale on foreclosure of mortgage,
see Mortgages, $ 369.

PREMATURE ENTRY.
Particular proceedings in actions.
See Abatement and Revival; Affidavits; Con-

Of order appointing administrator, see Execu-
tinuance; Costs; Damages, $$ 145-217; Dep-

tors and Administrators, § 20.
ositions ; Dismissal and Nonsuit; Evidence ;
Execution; Judgment; Judicial Sales; Ju-

PREMATURE JUDGMENT.
ry; Limitation of Actions; New Trial; Par-
ties; Pleading; Removal of Causes; Trial;

See Interpleader, $ 33.
Venue.
Examination of witnesses, see Witnesses, $$

PREMATURE TRIAL
240-290.

See Trial, 8 5.
Instructions to jury, see Trial, $$ 191–296.
Notice of pendency of action, see Lis Pendens.

PREMIUMS.
Settlement, signing, and filing of bill of excep-
tions, see Exceptions, Bill of, $8 40-39.

Insurance premiums, see Insurance, $3 18%.
Transfer of causes from one state court to an 188.

other, see Courts, $ 488.
Verdict, see Trial, § 365.

PREROGATIVE WRITS.
Particular remedies in or incident to actions.

See Certiorari; Habeas Corpus; Mandamus,
See Attachment; Depositions; Injunction.
Procedure in criminal prosecutions.

PRESCRIPTION.
See Arrest, $ 70; Bail, $$ 42, 74; Criminal See Limitation of Actions.

Law; Indictment and Information ; Jury; Establishment of street, see Municipal Corpo

Pardon.
Ilabeas corpus proceedings, see Habeas Corpus. Physicians prescriptions, sale of intoxicating

rations, $ 648.
Procedure in exercise of special or limited juris.

liquor on prescription, see Intoxicating Liq-
diction.

uors, f 155.
Bankruptcy, see Bankruptcy.
Equity, see Equity.

PRESUMPTIONS.
Justices courts in civil cases, see Justices of In civil actions, see Evidence, $$ 67-83.

the Peace, 88 84, 91.
Probate and administration, see Courts. $ 202; On appeal or writ of error in civil actions, see
Executors and Administrators, $ 20, 332-on appeal or writ of error in criminal prosecu-

Appeal and Error, 88 907-934, 1031.
349; Guardian and Ward, $8 160–163.

tions, see Criminal Law, $$ 1141, 1141.
Procedure in or by partioular courts or tribu.
nals.

PRETENSE.
See Courts; Justices of the Peace, $$ 141-157.

See Fraud.
Courts of appellate jurisdiction in particular

states, see Courts, $ 231.
Probate courts, see Courts, $ 202.

PRETERMISSION.
United States Supreme Court, see Courts, 8 See Descent and Distribution, $ 47.
394.
Procedure on revievo.

PREVENTIVE RELIEF.
See Appeal and Error; Criminal Law. $S 1003-
1193; Exceptions, Bill of; New Trial. See Injunction.
PRAYER.

PRICE.
For instructions, see Criminal Law, $$ $29, of goods sold, see Sales, $ 348.
830; Trial, $8 255-260.
PRE-EXISTING LIABILITY.

PRINCIPAL AND AGENT.
As consideration for conveyance or other trans. See Master and Servant.

fer, sufficiency as to creditors or subsequent Regulation of sale of real property by agent as
purchasers, see Fraudulent Conveyances, $ infringement of liberty to choose occupation,
81.

see Constitutional Law, $ SS.

Agency in particular relations, offices, or oc- | Authority of attorney, see Attorney and Client,
cupations.

§ 104.
See Attorney and Client; Brokers; Factors.

$ 119. To show that plaintiff held title to
Corporate agents, see Corporations, $ 355. notes sued on, indorsed, and transferred by one
County agents, see Counties, $ 80.

as agent of the payee, it is essential to prove
Municipal agents, see Municipal Corporations, the indorser had power to dispose of them.--
$ 214.

Scotland County Nat. Bank v. Hohn (Mo. App.)
1. THE RELATION.

539.
Brokers, see Brokers, 88 10, 11.

(C) Unauthorized and Wrongful Acts.
(A) Creation and Existence.

Liability of municipal corporation for torts of

officers and agents, see Municipal Corpora-
Public policy affecting power of attorney to tions, $874372, 747.

appoint agents with power to appoint other
agents, see Contracts, 8 108.

(D) Ratification.
$ 19. Agency is a fact proof of which must Of libel, see Libel and Slander, $ 28.
be made by the party affirming it.—Bell v. State
(Ark.) 1020.

$ 169. The owner of land held to have rati-

fied his agent's act in employing a broker to sell
8 20. Any evidence tending to establish agen- it so as to make himself liable for commissions,
cy is admissible to prove agency.--Bell v. State --Dockery v. Maple (Tex. Civ. App.) 631.
(Ark.) 1020.
$ 20. In view of Negotiable Instruments Act

(E) Notice to Agent.
(Laws 1905, p. 246 [Ann. St. 1906, § 463–19])
$ 19. held, that an agency with authority to in Notice to attorney, see Attorney and Client, &

104.
dorse notes may be proved as agency is proved
in other cases, and by written authority.-Scot-

(F) Actions.
land County Nat. Bank v. Hohn (Mo. App.) Competency of party or person interested to
539.

testify against principal as to transactions
$ 22. Agency may not be established by the with deceased agent, see Witnesses, § 154.
declarations of the alleged agent, but it must be
established by other evidence either direct or cir-

$ 190. Evidence held insufficient to show that
cumstantial.-Bell v. State (Ark.) 1020.

a contract for the sale of goods to defendant

by plaintiff was obtained by fraud of plaintiff's
$ 24. In an action on a subscription con- agent.-Mutual Mfg. Co. v. Charles Moore &
tract, whether defendant authorized the persons Co. (Ky.) 267.
who solicited his subscription to sign his name
thereto, as claimed by them, held for the jury.-
Baskett v. Ohio Valley Banking & Trust Co. · PRINCIPAL AND SURETY.
(Ky.) 1066.
(B) Termination.

See Guaranty; Indemnity.
$ 33. A principal may in general at his elec-

Sureties on bonds for performance of duties of
tion revoke the authority of his agent.-Frazier

trust or office.
v. Cos (Ky.) 148.

See Sheriffs and Constables, 8 157.
II. MUTUAL RIGHTS, DUTIES, AND Court commissioners, see Deposits in Court,
LIABILITIES.

$ 8.
(A) Execution of Agency.

Sureties on bonds in judicial proceedings.
Limitations applicable to action for rent col. See Bail; Replevin, § 126.

lected by agent, see Limitation of Actions, &
25.

II. NATURE AND EXTENT OF LIA-
$ 64. An agent to collect has no authority to

BILITY OF SURETY.
receive anything but money, nor can he com

8 59. The contract of a surety is to be strict-
pound a debt or commute it for bis own debt.- ly construed, and cannot be extended beyond
Zang v. Hubbard Building & Realty Co. (Tex. the fair scope of its terms.-City of Kirkwood
Civ. App.) 85.

v. Byrne (Mo. App.) 810.
$ 64. An agent to collect rent and pay it

$ 75. A surety guarantying the payment of
over has no authority to expend the rent in re-

rent held discharged from liability for the fail-
pairs on the premises, and such repairs are no
defense to an action for the rent so collected.- Berman v. Shelby (Ark.) 124.

ure of the landlord to comply with the lease.-
Dowlen v. C. W. Georgs Mfg. Co. (Tex. Civ.
App.) 931.

III, DISCHARGE OF SURETY.
$ 74. If defendant, when solicited by two
persons to subscribe a sum to erect a building, On bail bonds, see Bail, $ 74.
stated to them, “If you need money, put me
down for a share," either of them had the right rial and unauthorized alteration of his contract.

$ 99. A surety held discharged by any mate-
to sign his name to the subscription.--Baskett v. -Berman v. Shelby (Ark.) 124.
Ohio Valley Banking & Trust Co. (Ky.) 1066.

$ 99. A surety is discharged by a valid agree-
(B) Compensation and Lien of Agent.

ment made without his consent, varying the
Brokers, see Brokers, &$ 40-67, 85–88..

original contract in any material particular,

whether the change be to his benefit or preju-
III. RIGHTS AND LIABILITIES AS TO dice.-Zang v. Hubbard Building & Realty Co.
THIRD PERSONS.

(Tex. Civ. App.) 85.
Liability of master for injuries to third per 8 100. Under the terms of a building con-

sons by acts or omissions of servants or inde tractor's bond, the sureties held not discharged
pendent contractors, see Master and Servant, by a subsequent agreement that the president
88 302, 305.

of the contracting company should pay it the

first installment of the price, and receive a cred-
(A) Powers of Agent.

it therefor in satisfaction of his personal debt
Admissibility of power of attorney, see Evi- to the owner.-Zang v. Hubbard Building &
dence, $ 370.

Realty Co. (Tex. Civ. App.) 85.

IV. REMEDIES OF CREDITORS. PRIVILEGED COMMUNICATIONS.
Hearsay evidence, see Evidence, $ 318.

See Libel and Slander, $ 38.
$ 139. In a suit against a contractor and the Disclosure by witness, see Witnesses, $ 193,
surety on his bond, for sewer pipe furnished, 219.
where the surety was only liable for the pipe
used in certain sewers, held sufficient to show

PRIVITY.
the total amount used in these sewers.-City of With party to action, conclusiveness of adjudi-
Kirkwood v. Byrne (Mo. App.) 810.

cation, see Judgment, $$ 673-107.
$ 159. In an action by a landowner on a
building contractor's bond, plaintiff held bound

PROBABLE CAUSE.
to show that the contractor's president had
actually applied out of his personal funds to For prosecution, see Malicious Prosecution, $
the expense of the building, $60), credited by

16.
plaintiff on the personal debt of such president.
-Zang v. Hubbard Building & Realty Co. (Tex.

PROBATE.
Civ. App.) 85.

Of will, see Wills, $$ 222-418.
8 161. In an action on a building contract-
or's bond, evidence held to warrant an infer-

PROBATE COURTS.
ence that the president of the contractor actu-
ally applied out of his individual funds S600 See Courts, $ 202.
to the expense of the construction of the build-
ing received by him as a credit on indebted-
ness owing by him personally to the owner.-

PROCESS.
Zang v. Hubbard Building & Realty Co. (Tex. To sustain judgment, see Judgment, $ 17.
Civ. App.) 85.

In particular actions or proceedings.
V. RIGHTS AND REMEDIES OF

Criminal prosecutions, see Criminal Law,
SURETY.

218.
(C) As to Co-Surety.

Particular forms of urits or other process.
$ 194. Where both plaintiff and defendant See Certiorari; Execution; Habeas Corpus;
were bound as sureties on a note, a promise by

Mandamus, Replevin.
defendant to pay the amount of the judgment
rendered on the note was without consideration,

Review of decisions.
where plaintiff undertook nothing additional Presumptions on appeal or writ of error, see
and parted with nothing when he entered into

Appeal and Error, § 914.
the agreement.-Barton v. Haltom (Ark.) 418.
$ 200. In an action by a surety against a co-

II. SERVICE.
surety to recover one-half of the amount of the
judgment paid by them as sureties on a note, Necessity and sufficiency to sustain judgment,
where it was alleged that defendant had re-

see Judgment, g 17.
ceived from the principal money and property
sufficient to pay the entire note, evidence held

IV. ABUSE OF PROCESS.
insuficient to support an express promise from Malicious prosecution, see Malicious Prosecu.
defendant to plaintiff to pay the judgment. tion.
Barton v. Haltom (Ark.) 418.

Wrongful attachment, see Attachment, $ 358.
PRIOR ADJUDICATION.

PROHIBITION.
Operation and effect in general, see Judgment, of traffic in intoxicating liquors, see Intoxica-
88 563-617, 673–747.

ting Liquors.
PRIORITIES.

Prohibitory injunction, see Injunction.
Of mechanics' liens, see Mechanics' Liens, &

PROMISE.
196.

See Contracts.
Of mortgages, see Chattel Mortgages, 88 138,
152; Mortgages, $ 174.

To answer for debt, default, or miscarriage of

another, see Frauds, Statute of, $ 18.
PRISONS,

PROOF.
See Escape.
Right to question constitutionality of statute See Criminal Law, $$ 304-565; Depositions;
relating to parole, see Constitutional Law, 8

Evidence; Witnesses.
43.

Amendment to conform to proof, see Pleading,

$ 237.
PRIVATE NUISANCE.

Of loss under insurance policy, see Insurance,

8 559.
See Nuisance, $23.

Order of proof, see Criminal Law, $ 687.

Reception of evidence at trial of civil actions
PRIVATE ROADS.

in general, see Trial, $8 76, 89.

Reception of evidence at trial of criminal causes
Right of way, see Easements.

in general, see Criminal Law, $$ 673, 687.
PRIVILEGE.

PROPERTY.
See Liens.

Act relating to sales of real property by agent
Grants of privileges by municipal corporations, as infringing liberty to choose occupation,

right to use street for purpose other than see Constitutional Law, $ 88.
highway, see Municipal Corporations, 88 CSO, Assets of estate of decedent, see Executors and
681.

Administrators, 88 38–43.
License tax on privileges, see Licenses, $$ 6, 14. Constitutional guaranty of right of property,
Of defendants as to venue, see Venue, $ 22. see Constitutional Law, $$ 92, 252-254.

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Constitutional guaranty of right to acquire, Sale of property of decedent, see Executors and
hold, and dispose of property, see Constitu Administrators, 88 329-383.
tional Law, $ 87.

Taking for public use, see Eminent Domain.
Defense of property as justification of homicide,
see Homicide, 124.

Offenses against or involving property.
Description in deed, see Deeds, $ 119.

See Burglary; Larceny; Malicious Mischief;
Evidence of value or market price, see Evi-

Nuisance.
dence, $$ 113, 142.

§ 4. “Chattels real," "chattels personal," and
Exemptions, see Homestead, 8 68.

"freehold" defined.--Orchard v. Wright-Dalton-
Subject of assessment for municipal improve- Bell-Anchor Store Co. (Mo.) 486.
ments in general, see Municipal Corporations,

$ 4:22.
Subject of sale under order of court, see Exec-

PROPOSITIONS.
utors and Administrators, $ 329.

Accompanying assignment of exrors, see Appeal
Of particular classes of persons.

and Error, $ 742.
See Insane Persons, 8 61; Railroads, $ 72.

PROSTITUTION,
Infants, see Guardian and Ward, 88 38–63.
Married women, see Husband and Wife, $8 19:, See Disorderly House.
198.
Particular estates or interests.

PROTECTION.
See Curtesy; Dower; Reversions.
Community and sepa rate property, see Hus- Equal protection of the laws, see Constitutional
band and Wife, $ 266.

Law, $8 210-245.
Married woman's separate property, see Hus- of infants, see Infants, $ 20.
band and Wife, $8 193, 198.

PROTEST.
Particular species of property.
See Fixtures; Mines and Minerals; Party Of bill or note, see Bills and Notes, $ 422.

Walls; Waters and Water Courses.
Corporate stock, sec Corporations, $$ 116, 121. PROVINCE OF COURT AND JURY.
Logs and lumber, see Logs and Logging.
Railroad right of way, see Railroads, § 72.

See Criminal Law, $8 741-764; Trial, 88 139–

143, 191-194.
Remedies involving or affecting property.
See Attachment; Ejectment; Execution ;

PROVISIONAL REMEDIES.
Fraudulent Conveyances; Interpleader; Ju-
dicial Sales; Lis Pendens; Marshaling As- See Attachment; Bail; Injunction.
sets and Securities; Partition ; Quieting Title;
Replevin; Specific Performance; Trespass,

PROVOCATION.
$$ 19-08; Trespass to Try Title; Trover and
Conversion, $ 48.

Element of manslaughter, see Homicide, $$ 45–

51.
Actions for unlawful detainer of demised prem- of attack as affecting right of self-defense, see

ises, see Landlord and Tenant, § 292.
Bankruptcy proceedings, see Bankruptcy.

Homicide, $ 113.
Condemnation proceedings, see Eminent Do-
main, $8 166–222, 275, 300.

PROXIMATE CAUSE.
Conveyances, contracts, and other transactions
between husband and wife, see Husband and of injuries at railroad crossing, see Railroads,
Wife, $ 48.

$ 335.
Enforcement of landlord's lien, see Landlord of injury at railroad crossing, see Railroads, &

337.
and Tenant, $S 258, 262.
Enforcement of liens in general, see Liens, $ Of injury to servant, see Master and Servant,

Of injury to passenger, see Carriers, $ 305.
22.

§ 247.
Enforcement of mechanics' liens, see Mechanics'
Liens.

PUBLIC AMUSEMENTS.
Establishment and enforcement of right of ex-
emption, see Homestead, $ 186.

See Theaters and Shows.
Establishment of boundaries, see Boundaries, ss
32, 37.

PUBLIC ASSEMBLAGE.
Foreclosure of mortgages, see Mortgages, 88
331-369, 390–494.

Disturbance, see Disturbance of Public Assem-
Forfeiture for violation of liquor laws, see In blage.

toxicating Liquors, $ 250.
Injuries to property, damages, see Damages, §

PUBLIC CORPORATIONS.
113.
Recovery of deposits, see Banks and Banking, See Counties; Municipal Corporations.
$154.

Levee districts, see Levees, $ 5.
Redemption from mortgage sale, see Mortgages,
$ 610.

PUBLIC DOCUMENTS.
Setting aside conveyance fraudulent as to wife,
see Divorce, $ 276.

Competency as evidence, see Evidence, $$ 325,
Setting aside mortgage sale, see Mortgages, $ 331.
369.

PUBLIC DOMAIN.
Setting aside transfer in fraud of creditors or

subsequent purchasers, see Fraudulent Con- See Public Lands.
veyances, 88 293-317.
Transfers and other matters affecting title.

PUBLIC FUNDS.
See Adverse Possession; Chattel Mortgages; See States, & 132.

Deeds; Descent and Distribution; Gifts;
Mortgages; Partition.

PUBLIC GRANTS.
Dedication to public use, see Dedication.
Sale, see Sales; Vendor and Purchaser. See Public Lands.

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PUBLIC HEALTH.

PUBLIC SCHOOLS.
See Health.

See Schools and School Districts, $39.
PUBLIC HIGHWAYS.

PUBLIC SERVICE CORPORATIONS.
See Highways.

See Carriers; Corporations ; Railroads; Street

Railroads.
PUBLIC IMPROVEMENTS. Electric light and heating companies, see Elea

tricity.
See Drains; Levees; Municipal Corporations, Telegraph and telephone companies, see Tele-
88 284-567.

graphs and Telephones.

Water companies, see Waters and Water Cours-
PUBLIC LANDS.

es, 88 206, 209.
III. DISPOSAL OF LANDS OF THE

PUBLIC USE.
STATES.

Dedication of property, see Dedication.
Estoppel to deny title to lands, see Estoppel, s Taking property for public use in general, see
62.

Eminent Domain.
Matters concluded by judgment establishing
land certificate, see judgment, $ 742.

PUBLIC WATER SUPPLY.
Presumption of authority to execute grant, see
Evidence, $ 83.

See Waters and Water Courses, &$ 206, 203.
151. Under Ky. St. § 4704 (Russell's St. $
2758a3), providing that none but vacant lands

PUBLIC WAYS.
shall be subject to appropriation, a void survey
held not to render the land not vacant.-Collins- See, Highways; Municipal Corporations, s
worth v. Bevens (Ky.) 1060.

646-706.
$ 175. Act April 15, 1905. (Laws 29th Leg.

PUBLIC WORKS.
c. 103) $ 2, relating to the giving of notice as to
land which becomes subject to sale by the ter- See Counties, $ 113; Drains; Levees; Munici-
mination or cancellation of a lease, construed

pal Corporations, $$ 284–567.
in view of section 3, held not applicable to land
which must be surveyed before it can be sold,

PUBLIC WORSHIP.
under section 8, so that failure to give notice,
as provided in section 2, would not affect the Disturbance of, see Disturbance of Public As-
validity of a survey and sale of such land, un semblage.
der section 8.-Meador v. Robinson (Tex.) 561.

PUNISHMENT.
V. SPANISH, MEXICAN, FRENCH,

See Pardon.
AND RUSSIAN GRANTS.
Presumptions as to execution of grants, see Evi-

PUNITIVE DAMAGES.
dence, 8 83.

See Damages, § 91.
$ 203. A Spanish grant held not void be-
cause of insufficient description of the land

PURCHASERS.
granted.-Flores v. Hovel (Tex. Civ. App.) 606.

$ 209. Where a Spanish grant vested in the See Sales; Vendor and Purchaser,
grantee, an estate in fee, persons claiming ti-
tle as heirs of the grantee need not show that

QUALIFICATIONS.
he never forfeited the land.-Flores v. Hovel
(Tex. Civ. App.) 606.

By judges, see Judges, & 16.
$ 209: A Spanish grant held to vest a per. Of witnesses in general, see Witnesses, $ 37-
fect title in the grantee subject to conditions

219.
subsequent.-Flores v. Hovel (Tex. Civ. App.)

QUASHING.
606.

Indictment or information, see Indictment and
PUBLIC LAWS.

Information, 88 137–147.
See Statutes.

QUASI CORPORATIONS.
PUBLIC NUISANCE.

See Banks and Banking, $ 22.
See Nuisance, 88 59–75.

QUESTIONS OF LAW AND FACT.
PUBLIC OFFICERS.

In civil actions, see Trial, $f 139–143, 191-1:4.

In criminal prosecutions, see Criminal Law, $s
See Officers.

741-761.
PUBLIC POLICY.

QUIA TIMET.

See Quieting Title.
Validity of contracts, see Contracts, $ 108.
Validity of contracts of employment, see Master
and Servant, & 69.

QUIETING TITLE.
PUBLIC REVENUE.

Amendment setting up new cause of action, see

Pleading, $ 279.
See Internal Revenue; Taxation.

I. RIGHT OF ACTION AND DEFENSES.
PUBLIC SALES.

§ 10. If plaintiffs' grantor was in possessios

suficient time under his donation deed from the
See Judicial Sales.

state to get title by limitation, it completels in

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