INDEX TO THE NOTES. ACCESSION, wrong-doer can not acquire title by, 87. on bond of indemnity, when cause of, accrues, 44. ADMINISTRATOR, admission by, when evidence in favor of successor, 388, 390, of deceased administrator, 381. ADMINISTRATOR DE BONIS NON, action by, 387. appointment of, when proper, 379–382. assets unadministered requisite to appointment of, 380. bond to be given by, 383. can not sue bond of former administrator, 384. court having jurisdiction to appoint, 380. defined, 379. extent to which he can pursue preceding administrator, 385. on death of administrator, 381. on death of executor, 381. powers of, 383, 389. privity between, and administrator, 387. property of which he is entitled to possession, 383. time when appointment may be made, 380. trusts which he may execute, 389. who should be appointed, 382. AGENT, difference between general and special, 65. personally liable, when, 66. "to act in all business," has no power to convey land. 66. ALIEN, competency of, to take and hold land, 211. ALTERATION IN FORM OF PROPERTY, effect of on measure of damages for conversion, 70-88. ASSIGNMENT FOR CREDITORS, exacting releases, 291, 293. Ohio decisions and statutes regarding, 291. BAILEE, burden of proof in accounting for loss of goods, 152. liability when goods are stolen, 154. liability when goods are taken by force or legal process, 156. BAILOR, when must disclose value of parcel, 154. BEQUEST to a society, when upheld, 679. when sufficiently certain as to beneficiary, 679. BURDEN OF PROOF in action by bailor against bailee, 153. CAVEAT EMPTOR is the rule of execution sales, 498. forwarding merchant, when liable as, 146. money and valuable merchandise, liability for, 137. termination of liability of, 147. wharfinger, when liable as, 146. when liable as a warehouseman, 146. CONVERSION, at what placed deemed to be made, 82. measure of damages when coal in a mine is converted, 77. sale by co-tenant, when is, 37. estoppel from denying existence of, 59. COSTS, awarding in quo warranto, 34. DAMAGES, evidence in mitigation of, under the general issue, 104. in trover, for property altered in form and value, 70-88. in trover, general rule of, 71. in trover, selling price, when measure of, 72. in trover, wrong-doer, what allowed against, 73. of due process of law, 539. of forwarding merchant, 146. of goods administered, 386. of warehouseman, 145. DUE PROCESS OF LAW, guarantee of, by the Fourteenth Amendment, 542 EASEMENT, how destroyed, 222. EQUITY, gambling security, relief from, 511. lapse of time, effect of, 569. particeps criminis, relief of, 511. purchaser of, has not title superior to vendor's, 485. when will relieve after trial at law, 553. ESTOPPEL by conduct, acts and admissions, 58. to deny existence of corporation, 59. EXECUTION, equities not subject to, 435. issue or levy after death of defendant, 761. priority, in Tennessee, 453. EXECUTOR recovering back payment to legatee, 679. FEDERAL COURTS, duration of judgment lien in, 312. lien of judgments of, 310. limiting judgment lien in, 312. process of and power of courts over, 312. source of lien of judgments of, 312. FORWARDING MERCHANTS are liable as warehousemen, 146. defined, 146. when liable as carriers, 146. FOURTEENTH AMENDMENT, due process of law guaranteed by, 542. GAMBLING, equity will cancel deed given for, 511. INDEMNITY, cause of action on bond of, when accrues, 44. distinction between, against liability and against damage, 45. JUDGMENT, evidence of, when required to enable officers to justify, 38. lien of, in federal courts, 310-314. of nonsuit, compulsory when granted, 620-624. of nonsuit, grounds for, must be stated, 624. JUROR, affidavits of, to impeach verdict, 475–479. LAW OF THE LAND, defined, 539. is equivalent to "due process of law," 538. must be general, 540. special laws, when prohibited, 540. term is found in Magna Charta, 537. LEGATEE, refunding over-payments not compelled, 679. LIEN of judgments of federal courts, 310-314. MAGNA CHARTA, terms "by the law of the land" used in, 537. MAJORITY, act of a, when valid, 115. Measure of DamAGES, for conversion of property altered in form and value for illegal sale when the owner bids in the property, 121. for non-delivery of goods when the price remains unpaid, 143. MERGER, by judgment for part of an account, 61. NONSUIT, constitutionality of statutes concerning, 622. English rule regarding, 620. federal courts' rule, 620. granting compulsory, 620-624. grounds for, must be specified, 624. when should be denied, 623. when should be ordered, 621, 622. OFFICIAL CHARACTER, reputation as evidence of, 115. PAROL EVIDENCE, to show trust under a will, 413–417. PARTICEPS CRIMINIS, relief of, in equity, 511. PARTITION, in orphans' court, 345. PARTNER, power to sell all the goods of the firm, 245. power to sell real estate, 128. PAYMENT, giving note, when is a, 640. PEW-HOLDER, action by and interests of, 230. to convey, must be under seal, 128. PROCESS, of federal courts, 310–314. QUO WARRANTO, costs on, when term of office sued for has expired, 34. RATIFICATION by parol of unauthorized deed, 128. RATS, leak caused by, whether "a peril of the sea," 156. liability of warehouseman for, 155. REAL ESTATE, failure of title when a defense to an action to recover purchase price, 339. REPLEVIN of articles changed in form or value, 75. SHERIFF'S SALE, combination of Bidders at, 408. notice, want of proper, 409. SLANDER, character and rank of plaintiff, 105. words actionable as importing charge of perjury, 104. SPECIAL LAWS, authorizing new trials, 542. authorizing sale of minors' estates, 542. authorizing special courts, 542. validity of, 540. STATUTE OF FRAUDS, when does not prevent trust from being established against devisee, 413-417. STATUTE OF LIMITATIONS, when governs in equity, 569. SUNDAY, validity of acts done on, 467. SURETY, may sue principal, when, 324. TIMBER, measure of damages for converting, 77. TROVER, against innkeeper, 89. measure of damages in, 70. measure of damages in, for conversion by mistake, 77–85. measure of damages in, for converting coal, 77-79. measure of damages in, for converting timber, 77-SO. measure of damages in, for general rule of, 71. measure of damages in, when form and value of property have been changed, 70-85. measure of damages to holder of special interest, 39. TRUSTEE, can not buy at sale of trust estate, 569. TRUSTS which administrator de bonis non may execute, 387. VARIANCE in stating date of judgment of acquittal, GS3. VERDICT, impeaching by affidavit of juror, 475-479. WRONG-DOER, enhanced value of property, when recoverable from, 73. WAREHOUSEMEN are ordinary bailees for hire, 145. WAREHOUSEMEN, bound to ordinary care only, 145. care required of, 154. delivering goods to third person by mistake, 156 diligence as affected by value and condition of property, 153 fire, duty and liability in case of, 155. insurance of goods by, 159. liability for goods destroyed by fire, 155. liability for goods stolen, 154. liability of, 145–159. liability of, as carriers, 146. liability of keeper of bonded warehouse, 148 mixing property, 157. negligence, illustrations of, 157. rats, liability for, 155. right to deny bailor's title, 159. termination of liability, 149. value of property, when must be disclosed 154. WHARFINGER, liability of, 146. WILL, parol evidence to prove trust under, 413-417. WRITINGS, cotemporaneous, how construed, 222. |