§ 104. Newly discovered evidence merely cu-
mulative is not ground for a new trial, especial-
Review of proceedings on motion as dependently where it could have been produced at the
on presentation of question in record, see Ap- trial by the exercise of slight diligence.-Phil-
peal and Error, § 706.
lips Lumber Co. v. Smith (Ga. App.) 623.
Review of proceedings on motion involving dis-
cretion of court, see Appeal and Error, § 977.
Review of questions of fact on motion, see Ap-
peal and Error, § 1015.

introduction of proof by statements of a juror,
held authorized, in the exercise of discretion,

NOTARIES.

to subsequently exclude the same.-Washington See Acknowledgment, §§ 36, 39.
Luna Park Co. v. Goodrich (Va.) 977.

§ 150. Motion for new trial for newly dis-

NOTES.

covered evidence held properly denied, when not Promissory notes, see Bills and Notes.
accompanied by affidavits required by Civ. Code
1895, 5481.-Pharr v. Davis (Ga.) 917.

§ 150. A motion for a new trial should not
be granted on the ground of newly discovered
evidence, where the affidavit required from the
attorney for the party applying is not signed by
the affiant.-Phillips Lumber Co. v. Smith (Ga.
App.) 623.

§ 154. Dismissal of motion for new trial for
want of prosecution held not error.-Mott v.
Koch (Ga. App.) 553.

155. Where a motion for a new trial is set
for hearing in vacation, the term continues as
to such case until the end of the 24 hours of the
day on which the hearing is set.-Cole v. Illi-
nois Sewing Mach. Co. (Ga. App.) 979.

$ 156. The power to continue the hearing of
a motion for new trial by order in term time
was not exhausted by the fact that a term in-

tervened, at which a brief of the evidence was
not filed and in which no extension was grant-
ed.-James v. John Flannery Co. (Ga. App.)

153.

§ 156. Civ. Code, § 5485, providing that the
judge may adjourn the hearing for motion
new trial, held addressed to the trial
judge's discretion. James v. John Flannery
Co. (Ga. App.) 153.

for a

§ 164. Where the court in the exercise of
discretionary power sets aside the findings of
the jury on material issues, it must direct a
new trial on such issues, and it cannot render
judgment against plaintiff.-Drewry-Hughes Co.
v. Davis (N. C.) 139.

§ 165. Superior court judge held without au-
thority, at chambers and in a different county,
during a recess, to grant an order reinstating
a motion for a new trial previously dismissed
in open court.-Isaacs v. E. Swindell & Co.
(Ga.) 162.

NEXT FRIEND.

Of infant, see Infants, § 84.
NEXT OF KIN.

See Descent and Distribution.

NOMINAL DAMAGES.

See Damages, § 11.

NOMINAL PARTIES.

Admissions by pleadings in actions brought in
name of, see Evidence, § 208.

NON COMPOS MENTIS.

See Insane Persons.

NON OBSTANTE VEREDICTO.
Judgment in general, see Judgment, § 199.
NONRESIDENCE.

See Domicile.

See Process.

NOTICE.

Computation of time of notice, see Time, § 9.
Judicial notice, see Evidence, §§ 21, 43.

As affecting particular classes of persons.
See Guardian and Ward, § 168; Principal and
Agent, 88 178–181.

Bank officer, affecting bank, see Banks and
Banking, § 116.
Creditors, see Fraudulent Conveyances, § 170.
Insurance companies, see Insurance, §§ 537-559.
Purchasers of bills or notes, see Bills and Notes,
$$ 342, 373.

Purchasers of land, see Vendor and Purchaser,
§ 228.
Sureties, see Principal and Surety, § 123.
As affecting particular rights, duties, and liabili-

ties.

Liability of insurer as affected by notice of loss,
see Insurance, §§ 537-559.
Liability of principal as affected by notice to
agent, see Principal and Agent, §§ 178-181.
Liability of seller for breach of warranty as de-
pending on notice of defects, see Sales, § 285.
Liability of surety, see Principal and Surety, §

123.

Liability on bill or note, see Bills and Notes, §§
342, 373.

Rights and liabilities of bona fide purchasers of
real property, see Vendor and Purchaser, §
228.

Of particular facts, acts, or proceedings not ju-
dicial.
Authority of partner, see Partnership, § 160.
Defects in goods sold under warranty, see Sales,
§ 285.

Defects in title of vendor of land, see Vendor
and Purchaser, § 228.

Defenses to bill or note, see Bills and Notes, $$
342, 373.

Fraud as to creditors, notice to grantee in con-
veyance, see Fraudulent Conveyances, § 170.
Loss under insurance policy, see Insurance, $$
537-559.

Special school tax election, see Schools and
School Districts, § 103.

To surety, of default of principal, see Principal
and Surety, § 123.

Of particular judicial proceedings.
Appeal, see Appeal and Error, § 429.
Appeal in criminal prosecutions, see Criminal
Law, § 260.

Application to transfer property to foreign
guardian, see Guardian and Ward, § 168.
Discontinuance of action in justice's court, see
Justices of the Peace, § 75.

Intention of party on appeal to rely on grounds
set up in complaint but not passed on by trial
court, see Appeal and Error, § 855.

§ 10. Officer's return held not evidence of the
performance of acts not within his official duty
and power.-State v. Emblen (W. Va.) 499.

§ 10. Indorsement upon copy of the record
of a criminal action, purporting to be a return

Appearance by nonresident, see Appearance, 8 of service thereof by an officer, held not evidence

§ 48. Where the acts constituting a nui-
sance were alleged and proved, the court prop- See Criminal Law.
erly disregarded a further allegation that the
nuisance was "willful and unnecessary.
Chesapeake & O. Ry. Co. v. Greaver (Va.) 59.
$ 50. Evidence held to sustain a verdict al-
lowing plaintiff $300 damages for the mainte-
nance of a nuisance by an adjoining railroad
company.-Chesapeake & O. Ry. Co. v. Greav-
er (Va.) 59.

Offenses constituting nuisances, see Disorderly Power of telegraph company to establish hours

$ 72. Equity will enjoin a public nuisance at
the suit of individuals, where they suffer special
damages. City of Sylveser v. Tison (Ga.) 246. See Judgment, § 138.

Entry of plea in criminal prosecution, see Crim- Competency of transcripts or certified copies of
inal Law, § 918.

I. APPOINTMENT, QUALIFICATION, | On motion or application for injunction, see In-
AND TENURE.

Of county officers in general, see Counties, § 64.
Of municipal officers, see Municipal Corpora-
tions, § 138.

Of receivers, see Receivers, §§ 38-62.
Regulation and conduct of elections in general,
see Elections.

(C) Eligibility and Qualification.
Of county officers, see Counties, § 64.

Of municipal officers, see Municipal Corpora-
tions, 138.

Of receivers, see Receivers, § 48.

II. TITLE TO AND POSSESSION OF
OFFICE.

Termination of office pending writ of error in-
volving title as ground for dismissal, see Ap-
peal and Error, § 781.

junction, § 157.

Review of appealable orders, see Appeal and
Error; Criminal Law, 8§§ 1064-1189.

ORDINANCES.

Municipal ordinances, see Municipal Corpora-
tions, 88 109-120, 589-643.

ORES.

See Mines and Minerals.

ORGANIC LAW.

See Constitutional Law.

ORGANIZATION.

§ 87. While equity cannot determine the of corporations in general, see Corporations, §

question of title to office, it will enjoin interfer-
ence with discharge of the duties of an incum-
bent, duly elected, and claiming under color
of right.-Hardy v. Reamer (S. C.) 678.

III. RIGHTS, POWERS, DUTIES, AND
LIABILITIES.

Compensation of county officers in general, see
Counties, & 74.

Venue of actions against officers, see Venue,
§ 11.

IV. LIABILITIES ON OFFICIAL

BONDS.

Bonds of tax collectors, see Taxation, § 570.

OFFSET.

See Set-Off and Counterclaim.

OIL.

30.

ORIGINAL BILL.

See Equity, §§ 136, 153.

ORPHANS' COURTS.

See Courts, § 202.

OUSTER.

Of tenant, see Landlord and Tenant, §§ 172, 180.
Re-entry and recovery of possession by landlord,
see Landlord and Tenant, §§ 291, 299.

OVERFLOW.

Of land in general, see Waters and Water
Courses, 119.

OWNERSHIP.

Of property in general, see Property, § 7.

Oil lands, construction and operation of leases, Of property as affecting taxation, see Taxation,
see Mines and Minerals, §§ 73-81.

PARENT AND CHILD.

See Bastards; Guardian and Ward; Infants.
Act authorizing father to convey custody of
child against wishes of mother without per-
mitting judicial investigation as encroachment
on judiciary, see Constitutional Law, § 52.
Act authorizing father to convey custody of chil-
dren against wishes of mother as deprivation
of liberty without due process of law, see Con-
stitutional Law, § 307.

Evidence in habeas corpus proceedings as to fit-
ness to have custody of child, see Habeas Cor-
pus, $ 85.

Habeas corpus to determine right to custody, de-
cision of issues, see Habeas Corpus, § 99.
Right of action for loss of support from sale of
liquors to minor child, see Intoxicating Liq-
uors, § 297.

I. PLAINTIFFS.
(B) Joinder.

§ 7. Where father hires minor son to an em-
ployer for certain work, and he is put at a more
dangerous work, and injured, the father has a
right of action against the employer.-Graswell Of executors or administrators in actions by
v. Garfield Cotton Oil Mill Co. (Ga. App.) 539. others, see Executors and Administrators, §
439.
§ 13. Relationship alone does not make a
parent answerable for the wrongful acts of
his minor child; but it must appear that he
approved such acts, or that the child was his
servant or agent.—Brittingham v. Stadiem (N.
C.) 128.

§ 15. If a quarry company and a stone com-
pany contracted jointly to furnish rock to de-
fendant, both companies were interested in an
action to recover the amount due to each com-
pany under the contract, and were properly
joined as plaintiffs.-Balfour Quarry Co. V.
West Const. Co. (N. C.) 217.

II. DEFENDANTS.

(A) Persons Who may or must be Sued.
§ 21. A suit against a designated estate is
not a suit against a real defendant.-Knox v.
Greenfield's Estate (Ga. App.) 805.

(B) Joinder.

Of executors or administrators in actions by oth-
ers, see Executors and Administrators, § 439.
III. NEW PARTIES AND CHANGE OF

PARTIES.

Dismissal of action as to one or more codefend-
ants, see Dismissal and Nonsuit, § 24.
Intervention by executors or administrators, see
Executors and Administrators, § 439.
Intervention in attachment proceedings by
claimant of property, see Attachment, §§ 288-
294.

Intervention in execution proceedings by claim-
ant of property, see Execution, §§ 194. 197.
On death of party, see Abatement and Revival,
$ 76.

$ 59. Where an executor has loaned money
of an estate taking a note vesting the legal ti-
tle thereto in himself personally, and died, and
suit on the note has been brought by his suc-
cessor in the administration, the proceedings
may be amended by substituting the personal
representative of the deceased executor as plain-
tiff as nominal party, for the use of the success-
or of the deceased executor under the express
provisions of Civ. Code 1895, § 5105.-Kennedy
v. Gelders (Ga. App.) 620.

IV. DESIGNATION AND DESCRIP-

TION.

For breach of contract in general, see Contracts, In verdict, see Trial, § 327.
$ 330.

On bills or notes, see Bills and Notes, § 460.
To reform written instrument, see Reformation
of Instruments, § 33.

Judgment and relief as to partics, and parties
affected by judgments or proceedings thereon.
Persons concluded by judgment in general, see
Judgment, §§ 704-710.

Review as to parties, and parties to proceedings
in appellate courts.

Parties entitled to allege error, see Appeal and
Error, & 882.

Parties to appeal or writ of error, see Appeal
and Error, §§ 327, 336.
Persons entitled to review, see Appeal and Er-
ror, § 151.

Review of questions as dependent on prejudi-
cial nature of error, see Appeal and Error,
1036.
Review of questions as dependent on presenta-
tion in lower court, see Appeal and Error, §

187.

V. DEFECTS, OBJECTIONS, AND

AMENDMENT.

In equity, see Equity, § 117.
Objections raised for first time on appeal, see
Appeal and Error, § 187.

On appeal or writ of error, see Appeal and Er-
ror, § 336.

PARTITION.

II. ACTIONS FOR PARTITION.

(B) Proceedings and Relief.

$ 41. In an action to partition lands upon
which there was standing timber, held that the
court's jurisdiction covered the standing tim-
ber.-Marion County Lumber Co. v. Tilghman
Lumber Co. (S. C.) 124.

$ 62. The relief granted by a judgment held
within the scope of the issues. Ex parte Wilson
(S. C.) 675.

absence of the consent of all the parties to par-
§ 77. Under Code 1904, §§ 2563, 2564, held, in
tition proceedings, that three of the shares of an
estate could not be allotted in kind to two of

To conveyances, contracts, or other transactions.
See Bills and Notes, § 123; Contracts, § 187.
Assignment, see Assignments, §§ 98, 100.
Parol or extrinsic evidence, see Evidence, $$ the parties and the other four shares, which
418, 459.
could not be partitioned, sold, and the proceeds