ANSWER, continued. admissible for defendant, why, I. 351, 551. proof of, 512. (See Equity.) APPOINTMENT TO OFFICE. when proved by acting in it, I. 83–92, III. 483. modes of the submission, and remedies thereon, II. 69. proof of the submission, 71. when by parol, 72. of the authority of the umpire, 73. of the execution of the award, 74. of notice, publication, and delivery of the award, 75. of performance by plaintiff, 77. defences to an action upon an award, 78. arbitrators, when and how far competent witnesses, 78. proof of revocation of the submission, 79. minority of party, 80. refusal of arbitrators to act, 80. evidence under non assumpsit, 81. ARBITRATORS, not bound to disclose grounds of award, I. 249. when evidence of pedigree, I. 105, n. ARREST, without process, when lawful, III. 123, n. ARSON, what, III. 51. (See Witnesses.) what is a dwelling-house, 52. when burning of one's own house is, 53, 55. proof of ownership, 54, 57. actual burning, 55. felonious intent, 56. burning out-house, 57. ARTICLES OF THE PEACE, by wife against the husband, I. 343. ARTICLES OF WAR. (See Acts of State. (See Acts of State. Courts Martial.) ASCRIPTION OF PAYMENTS, II. 529–536. of wife, by husband, I. 343. assault, what, II. 82. intent material in, 83. battery, what, 84. intent material in, 85. or, freedom from fault, 85. when not necessary to be proved, 87. when plaintiff may waive one trespass and prove another, 86. actual battery needs not to be proved, 87. consequential damages, when to be specially laid, 88, 89. when not necessary to allege, 89. damages, what to be alleged, and what may be proved without (See Damages.) confessions and admissions, when admissible, 90. conviction on indictment, when evidence in a civil action, 90. allegation of alia enormia, its office, 91. defences in, classes of, and mode of pleading, 92. evidence under the general issue, 93. evidence of intention, when material, 94. when admissible, 94. necessity, when admissible. 94. evidence under plea of son assault demesne with replication of de injuria, 95. with replication in justification, 95. when pleaded with the general issue, 95. replication of de injuria, 96. plea of moderate castigavit, 97. molliter manus imposuit, 98. justification of act done to preserve the peace, 99, 100. indictment for, III. 58. what is, 59, 60, 61. intent, when essential, 61. by menace, when, 61. accidental violence, when no assault, 62. lawful correction no assault, 63. ASSAULT AND BATTERY, continued. in defence, 64. in defence of property, III. 65. in prevention of crime, 65. ASSIGNOR admissions by, I. 190. ASSUMPSIT. (See Contract.) action of, when barred by prior recovery in tort, I. 532. when not, 103. when plaintiff must declare on the special contract, 104. conditions precedent, 105. other material facts, under the general issue, 106. proof of request, 107, 108. moral obligation, when sufficient, 107. promise, when implied, 108. from tortious conversion, 108, n. privity, what is sufficient, 109. parties, want of proper, when fatal, 110. proof of particular capacity of plaintiff, 110, 129. unlawfulness of contract, when fatal, 111. count for money lent, proof of, 112. money paid, 113. when defendant's order to pay must be proved, 114. what payments are deemed officious, 114. when contribution may be had, 115. under a judgment, 116. count for money had and received, proof of, 117, 118. when delivered in trust, 119. count for money had and received, when obtained by wrong, 120, 121. count for money had and received, when paid upon a forged se- curity, 122. count for money had and received, when paid upon a mistake of count for money had and received, when paid upon a considera- tion which has failed, 124. ASSUMPSIT, continued. count for money had and received, when paid upon an agree ment rescinded, II. 124. count for money had and received by agent, action for, 125. pleas by defendant in abatement, of misnomer, 130. want of parties, 131, 132. partnership, 134. replication to plea of want of parties, 133. when nolle prosequi may be entered, 133. replication of infancy, when bad, 133. general issue, what may generally be shown under, 135. incompetent witnesses, I. 368-372. ATTACHMENT, for contempt, I. 319. (See Witnesses.) ATTENDANCE OF WITNESSES, how procured, I. 309 – 319. (See Witnesses. Admiralty, &c. Equity. Courts Martial.) declarations of deceased witnesses rejected, why, I. 126. ATTORNEY, when his admissions bind his client, I. 186. whether a competent witness, 364, 386. actions by, in general, II. 138. actions for fees, evidence in, 139. by partners, 140. retainer, effect of, 141, 142. conduct of business by, 142. extent of undertaking, and liability, 144, 145. defences to action by, for fees, 143. when negligence may be shown, 143. what damages recoverable against, 146. when amenable to summary jurisdiction, 147. actions against, for misconduct causing loss of debt, 148. ATTORNEY, continued. loss of title, 149. (See Privileged Communications.) ATTORNEY AND CLIENT, burden of proof between in Equity, III. 253. is agent of both buyer and seller, I. 269. when it needs not be proved, II. 316, n. AUTREFOIS CONVICT, III. 35. (See Former Judgment.) how rendered a competent witness for principal, I. 430. BAILOR, when a competent witness, I. 348. BANK, books of, I. 474, 493. (See Public Records and Documents.) BANKER'S CHECKS, presentment of, II. 195, a. BANKRUPT, when competent as a witness, I. 392. BANKRUPTCY, effect of discharge by, to restore competency, I. 430. register of, I. 493. BARON AND FEME. (See Husband and Wife.) what, III. 66, 67. indictment for, 66, n. proof of, 67. BASTARDY, who are bastards, II. 150. adulterine, how proved, 150, n. when parents are competent witnesses, 151. period of gestation, 152. |