240. Accruing after tender; justice's discretion. 241. Where a set-off is filed and general judg- 242. Order of costs to abide the event; right of York, etc., Bank, 84 N. Y. 469. 243. On appeal from order of lower court; Mas- 245. Entry of judgment against surety for; cer- 246. Taxation in ejectment; under English Act On Appeal, 44; in Probate, see EXECUTORS. Counterfeiting. 247. Possession of moulds or material; aver- County; connected topics, MUNICIPAL CORPORA- 248. Creation of new county; apportionment of 249. Action by old against new county, for quota 250. County warrants not paid for want of funds; 251. Collector must take county scrip for taxes, 252. Liability of township to county for taxes; 253. Contracts by county courts in excess of ap- 641. Mandamus to county auditor, 788; to County, Coupons; Railroad, 1083. Courts; see Judges and Courts; also 253. 257. Of quiet enjoyment, give benefit of after- 258. Covenant of seisin; rule of damages. Mes- 259. Covenant against incumbrances; exception Between Landlord and Tenant, see that title; 260. Filing of lien of creditor; "mesne process;" 261. To reach assets; special facts. Against Bank, 120; against estate of deceased As to Arrest and Bail, see those titles; see also, Miscellaneous Offenses. 262. Official extortion; requisites of charge. 263. Failing to report animals slaughtered. Grand Jury; Indictment; Variance; Joinder, etc. 265. Form of venire. Comm. v. Moran, 130 Mass. 266. Return of indictment; recitals of record. 267. Erasures in indictment. Dodd v. State, 10 268. Omission of foreman of grand jury to sign 269. Joint indictment for uttering profane and 282. Flight of prisoner and discharge of jury. 283. Second trial of defendant acquitted of mis- 284. Higher penalty on third conviction; former 285. Verdict of guilty silent as to part of charge; The Trial; Practice and Evidence. 286. Challenge for bias; reading newspapers. 287. Challenge wrongly disallowed no error, if 288. Juror excused on court's own motion; fatal, 618. 294. As to irrelevant matters. Brite v. State, 10 295. Application of rule of exclusion to experts. 296. Duty of court to admit evidence at any 297. When declarations of accused are admissible 298. Declarations of one of several engaged in 299. Declarations of co-conspirator; documents 300. Declarations in favor of fellow conspirator. 301. Of accused found with stolen property. 302. Admissions of felon incompetent. State, 10 Tex. App. 186. 306. Rejecting testimony of contradicted wit- 307. Evidence of former statements contradict- 308. Record evidence as to conviction of witness. 309. Discrediting State witness; proof of his in- 310. Form of question to impeaching witness. 311. Convict's testimony; effect of general par- 312. Reputation. State v. Daly, 24 Alb. L. J. Duties of Judge; the Charge; Care of Jury. 314. Duty of court to interfere when counsel de- 315. The charge; referring to former trial. Pharr 316. Judge may read to jury judicial remarks on 317. Remarks on weight of testimony and credit 319. Instructions on circumstantial evidence. 320. Reading law-books to jury. Curtis v. State, 321. Presence of sheriff in jury room. McGuire Verdict; Sentence. 322. Verdict of guilty with recommendation to 296. 324. Variance between verdict and judgment. 325. Recitals; number and names of jurymen. 326. Indefinite. Howell v. State, 10 Tex. App. 298. 327. Record of conviction; entry of petit jurors. 328. Sentence to take effect on expiration of Long v. 329. From what period term reckoned. Sartain 340. Rights of partners of crop; mortgage by 341. No common-law lien for advances for crop. 342. Landlord's lien as against mortgagee. Buck 343. Right of heir to sown crop, on decree for Creditors' rights in, 544; Landlord's lien on, 345. Wife's rights in life-time not affected by 348. Falling through open draw; due care; bur- Actions for, under Civil Damage Act, 773; effect Deceit; see FRAUD; by agent, 17. 349. Counts cannot derive aid from each other. 350. Entry of rule to plead; service of declara- 351. As part of res gesta. Callam v. Barnes, 44 Mich. 593. 352. Of intestate as to ownership of property in Of Assignor for Creditors, 151; in Criminal prac- 353. Evidence of; dedication by plot. Cass Co. 354. Evidence of intention. Chicago v. Johnson, Deed; connected topics, BOUNDARY; COVENANT; 355. Consideration subject to oral evidence. 356. Proof of delivery. Martz v. Eggeman, 44 357. Passing of title; effect of re-delivering and 358. Lost deed; question of fact as to delivery. 359. Description aided by evidence; fixed by 362. Land conveyed as bounding on street; 367. Original restriction on several adjoining lots; 368. "Nauseous or offensive trade;" "disturb- 369. Restriction on erection of "building; " 370. Rules governing exceptions and reservations. 371. Restriction on building construed as a per- 222. Default. 373. Transitory actions in local courts; residence See also, JUDGMENT, 677. Demand; in Trover, 211; in Replevin, 1150. 374. Practice at common law and under N. Y. Deposition. 375. Before examining court; death or absence of 376. Children of deceased nephews and nieces ex- 377. Missouri Act; nephews take per capita; Related topics, DEVISE; EXECUTOR; PARTITION; Desertion; Divorce for, 403. Devise and Legacy; connected topics, CHARITY; 378. Ejectment by devisee before probate of will. 379. Implied charge of legacies on realty. Le 380. After-acquired land included in general de- 381. Devise of portion of tract; ambiguous de- 382. Legacy to blind asylum on condition of sup- 383. Gift of entire estate, followed by limitation. 384. Gift to "issue." Gibbons v. Gibbons, 24 Alb. 385. Bequest to "lawful issue" and "children"; 386. Contingent remainder to "such other chil- 388. Vested interests in adult children opened to 389. Vested and expectant interests; beneficial 390. Use and disposal of estate to daughter; 130 Mass. 461. 391. Beneficial use to widow, till nephews of age; 392. Devise to class; lapse; survivorship. Cre- 393. Remoteness; gift to class; substitution. 394. Time of final division" of estate defined. 395. Question whether devise was in fee or for Ill. 564. 396. Survivorship between life tenants. (7 Stew. 397. Estates pur autre vie; executory devise. 398. Legacy turned over to treasury; kindred 399. Assignment of legacies, pending probate Discontinuance. 400. Of joint defendant by agreement not a bar Discovery; .... no cases. Disseizin; see ADVERSE POSSESSION. 401. For adultery; not granted on children's 402. For insanity; evidence. Slais v. Slais, 9 403. Desertion; what constitutes. (6 Stew. N. 404. Desertion; cruelty. Holmes v. Holmes, 44 405. Specific performance of agreement for sepa 406. Decree of custody conclusive in collateral Domicile; see POOR (Settlement). 407. Acceptance of legacy in lieu of dower ; 408. Formal evidence of election of dower. joined in mortgage of homestead. 130 Mass. 124. 414. Of maker of note, no defense to indorser. 415. Extortion by duress of imprisonment. Plead- Dying Declarations; in cases of Homicide, 952. 416. Not supported by mere equitable right, or 418. Special facts. Bryce v. King, 44 Mich. 181. Elections; connected topics, OFFICE; QUO WAR- RANTO. 419. Illegal voting; elements of offense. Galla- 420. Indictment of deputy marshal removed to 421. Candidate not disqualified by promise to 422. Of probate judge to fill vacancy; notice. 423. Appointment of supervisors; deciding who 424. Officer making false certificates; the indict- 425. Corrupt Practices Prevention Act; questions Elections under Liquor laws, 757, 769; under 426. Grain elevators; contracts for storage. Mer- 427. Averment of value. Distinguished from 10 Tex. App. 690. By mail agent, 1063. Emblements; see CROP. Gerard v. State, Eminent Domain; as to City improvements, see Equity. 429. Same issues pending on law and chancery 436. Jurisdiction of appeal lost by escape. Luns- Under erroneous order of court, 56; of prisoner Exceptions; related topics, ERROR; APPEAL; 437. Exception to every sentence of charge. 438. Judge's statement as to notice being given. 439. Correction of statement by judge. Stephens 440. Texas practice as to preparing and certify- 441. Massachusetts practice; questions of law re- 442. Excepting to remarks thrown out by judge. 443. Filed in time, but not signed and sealed till 444. To bring in to chancery record paper struck 445. Clerk's certificate of no use where papers Execution related topics, ATTACHMENT; SHER- 446. Antedated execution; amendment; man- 447. Execution not to issue while prior one in 448. Levy valid, despite equitable lien; effect of 449. Levy takes effect at time of notice of sale. 450. Notice to debtor must be personal under 430. Compound bill to review or vacate former Exemptions. 454. Exemption laws apply to the State; For- 431. Legal cause of action not entitled to equita- feited bail-bond. State v. Williford, 36 Ark. 155. 432. Pleas. Want of formal replication. 455. Duty of constable to notify debtor of ex- 456. Exemption; none in replevin. Smith v. |