INDEX TO CASES REPORTED IN THIS VOLUME.

ACCOMPLICE.

Extent of cross-examination: See CRIMINAL LAW, 4.

ACCOUNTS.

Not to be audited by Legislature:

See CONSTITUTIONAL LAW, 2.

Nor by township meeting: See TOWNSHIP.

ACCOUNTS CURRENT.

When statute commences to run: See STATUTE OF LIMITATIONS, 3.

ACTION.

Several right of: See CONTRACT, 8.

ACTS.

As to titles to: See CONSTITUTIONAL LAW, 1, 5, 8.

ADMINISTRATOR.

1. Foreign Administrator: Effect of Plea of general issue when suit 28 revived by Administrator. After a plea of the general issue the plaintiff's death was suggested of record and the cause revived in the name of an administratrix. The defendant was permitted to show, under objection, that the administration was granted in another state.

2.

3.

Held, that the force of a grant of administration is confined to the jurisdiction granting it; hence that a person appointed administrator in another state can not, as such administrator, bring suit in this state. Vickery v. Beir, 50.

Held also, that, although a plea of the general issue in a suit by an administrator is an admission of the plaintiff's right to sue, the same rule does not apply where the cause is revived in the name of an administrator after the plea has been filed. In such a case the representative character of the plaintiff is in issue in the trial, and the defendant may disprove it.Ibid.

Held further, that proof of the party's death and of the appointment of an administrator should be presented to the court and placed on file in all cases where a suit is revived by administrator. The proceeding to substitute the administrator is entirely a matter of statutory regulation, and its effect upon the rights of parties can not properly be extended beyond what the statute has provided on any mere fanciful analogies to the common law practice. - Ibid.

AFFIDAVIT.

Where a complaint in a proceeding under the Forcible Entry and Detainer Act was sworn to according to the "best of the knowledge, information and belief of the affiant:" Held, it was void, and gave the commissioner no jurisdiction.—Seitz v. Miles, 456. As to when transcript of judgment may be filed in Circuit Court: See JUSTICES COURT, 3.

AGENCY.

Consignee, when bound by contract of Consignor: See COMMON CARRIER, 6.

Liability of Consignor: See CONSIGNOR.

AGRICULTURAL SOCIETIES.

See TAXES.

ALIEN.

Can not be a juror in criminal cases.-Hill v. People, 351.

ALIMONY.

When sale of land decreed for non-payment of: See Eq. PL. and

PRAC. 5.

Also see LIEN.

ALTERATION.

By Board of Supervisors in valuation of real estate: See BOARD OF SUPERVISORS, 3.

Of Return:

AMENDMENT.

See HIGHWAY COMMISSIONERS, 2.

Of Declaration, as to effect on depositions previously taken: See EVIDENCE, 2.

Of Judgment: See JUDGMENT, 2.

Of Record: See RECORD.

APPEAL.

Decree: Appeal. An order of the court below vacating a sale (which had never been lawfully confirmed); but in addition ordering a new sale upon new terms and conditions, was thereby converted into a decree, and was therefore open to appeal.- Perkins v. Perkins, 162.

As to costs: See Eq. PL. AND PRAC. 9.
As to costs in appeal cases: See COSTS, 3.
And See SPECIAL APPEAL.

ASSESSMENTS.

As to the duty of Supervisors to foot up valuations on tax rolls:
See SUPERVISORS, 1.

Omission of one mill tax, effect of: See TAX TITLES, 3, 4.
And See TAXES.

ASSIGNMENT.

As to set-off: See SET-OFF, 2.

Of Decree, effect of: See Eq. PL. AND PRAC. 7.

ASSUMPSIT.

When action to be brought within six years: See SEALED IN-

STRUMENT.

ATTACHMENT.

1. Supersedeas: Justice's Court: Dissolution of. The statute au-
thorizing Circuit Court Commissioners to dissolve an attach-
ment applies equally to Justices' and Circuit Courts.- Albertson
v. Edsall, 203.

2. Dissolution of: Petition: Citation. Unless a party follows up
his petition in attachment by a proper citation, the entire pro-
ceeding will be void.-Pearson v. Creslin, 281.

ATTORNEY GENERAL.

Effect of stipulation in Quo Warranto: See PRAC. IN SUPREME
COURT, 3.

AUCTION SALE.

When specific performance decreed: See SPECIFIC PERFORMANCE, 2.

AUDITOR GENERAL.

Auditor General's deed: Presumption of regularity. To overcome
the presumption of regularity in the Auditor's deed, plaintiff
must show some substantial error affecting injuriously the
owner of the land, in the raising, return, assessment and col-
lection by sale, for the taxes levied.— Case v. Dean, 12.

Burden of proof in Auditor's deed: See TAX TITLES, 5.

BALLOT.

1. Of unqualified voters, when to affect result. The reception of
votes from unqualified voters will not be allowed to affect the

result except in cases where it can be shown for whom they

2. When contents of ballot may be inquired into: Legal voter. A
legal voter can not be compelled to disclose for whom he
voted, and no one else can give testimony upon that point
unless the voter himself has at the time of voting made the
contents of his ballot public by his own consent. No knowl-
edge of its contents obtained without his consent is admissible.

3.

4.

Evidence of his statements concerning his vote, whether
made before or after casting it, not accompanied by an ex-
hibition of its contents, is not admissible; neither can proof
of the external appearance of the ticket be allowed to prove
for whom he voted, where there are several names on the
ticket, and where there are split tickets polled.

Where a voter's qualifications are disputed, the same pro-
tection from scrutiny into his ballot is to be preserved, so
long as there is any controversy as to his legal right to vote;
but when the illegality of his vote is not in controversy, such
immunity ceases, and its contents may be proved without his
consent. Ibid.

Initials.

No ballots can be counted, which contain only the
initials of the candidate's christian name.

The decisions in People v. Tisdale, 1 Doug. 59, and People
v. Higgins, 3 Mich. 233, having long been acquiesced in,
should govern until a different rule is adopted by legislation.
Ibid.

Where ballots in excess of names on poll-lists are not drawn out
by Inspectors: Apportionment. Where ballots are found in
any ward or township in excess of the names on the poll-
lists, and the inspectors fail to draw them out as required
by 62 Comp. L. they should on the trial of the cause be so
apportioned that each candidate shall have deducted a share
of them proportioned according to the whole number of votes
in his favor; the probability being that the legal and illegal
votes have been cast ratably for the several candidates.— Ibid.
5. Imperfect ballot. Ballots are not to be counted in favor of
any candidate where but a portion of his surname is given,
unless such portion is idem sonans with the whole. Leaving
out a syllable or any material portion would be fatal. — Ibid.