240. Accruing after tender; justice's discretion.
Wilcox v. Laflin Co., 44 Mich. 35.

241. Where a set-off is filed and general judg-
ment given for defendant. Hartford v. Co-operative
Co., 130 Mass. 447.

242. Order of costs to abide the event; right of
prevailing party to tax. Meadville Bank v. New

York, etc., Bank, 84 N. Y. 469.

243. On appeal from order of lower court; Mas-
sachusetts practice. King v. Marrow, 130 Mass. 277.
244. Costs on continuance; attorney fee. Clark
v. Sable, 44 Mich. 1.

245. Entry of judgment against surety for; cer-
tiorari not a new action. McLean v. Isbell, 44 Mich.
129.

246. Taxation in ejectment; under English Act
where defense withdrawn. Real, etc., Co. v. Mc-
Carty, 18 Ch. D. 362.

On Appeal, 44; in Probate, see EXECUTORS.
Counter-claim; against State, 1211; by Tenant,
707.

Counterfeiting.

247. Possession of moulds or material; aver-
ments; evidence. Long v. State, 10 Tex. App. 186.
Connected topic, FORGERY.

County; connected topics, MUNICIPAL CORPORA-
TIONS; TAXATION; JUDGES AND COURTS.

248. Creation of new county; apportionment of
debt; enforcing payment. Lee County v. State, 36
Ark. 276.

249. Action by old against new county, for quota
of debt. Monroe County v. Lee County, 36 Ark.
378.

250. County warrants not paid for want of funds;
interest. Jacks v. Turner, 36 Ark. 89.

251. Collector must take county scrip for taxes,
though over five years old. Daniel v. Askew, 36 Ark.
487.

252. Liability of township to county for taxes;
common-law and statutory remedies. Hart v. Oce-
ana County, 44 Mich. 417.

253. Contracts by county courts in excess of ap-
propriations. Lawrence County v. Coffman, 36 Ark.

641.

Mandamus to county auditor, 788; to County,
789; aid to Railroad, 1095.

Coupons; Railroad, 1083.

Courts; see Judges and Courts; also 253.
Covenant.

257. Of quiet enjoyment, give benefit of after-
acquired title. Smith v. Williams, 44 Mich. 240.

258. Covenant of seisin; rule of damages. Mes-
ser v. Oestrich, 24 Alb. L. J. 457.

259. Covenant against incumbrances; exception
of existing mortgage includes interest due. Shana-
han v. Perry, 130 Mass. 460.

Between Landlord and Tenant, see that title;
against Incumbrances, 597.
Creditor's Bill.

260. Filing of lien of creditor; "mesne process;"
bankruptcy proceedings. Hirshiser v. Tinsley, 9 Mo.
App. 339.
Field v. Op-

261. To reach assets; special facts.
penstein, 98 Ill. 68.

Against Bank, 120; against estate of deceased
debtor, 500; by creditor of Railroad, 1086.
Criminal Law; see also, the titles of particular of-
fenses, MURDER; LARCENY, etc.

As to Arrest and Bail, see those titles; see also,
ACCESSORY.

Miscellaneous Offenses.

262. Official extortion; requisites of charge.
Smith v. State, 10 Tex. App. 413.

263. Failing to report animals slaughtered.
Dreyer v. State, 10 Tex. App. 97.

Grand Jury; Indictment; Variance; Joinder, etc.
264. That grand-juryman was civil officer is no
defect. Commonwealth v. Rudd, 12 Rep. 747.

265. Form of venire. Comm. v. Moran, 130 Mass.
281.

266. Return of indictment; recitals of record.
Fitzpatrick v. People, 98 Ill. 269.

267. Erasures in indictment. Dodd v. State, 10
Tex. App. 370.

268. Omission of foreman of grand jury to sign
indictment. Jones v. State, 10 Tex. App. 552.

269. Joint indictment for uttering profane and
vulgar language, improper. State v. Lancaster, 36

282. Flight of prisoner and discharge of jury.
(Note.) People v. Higgins, 24 Alb. L. J. 522.

283. Second trial of defendant acquitted of mis-
demeanor; Arkansas act. Taylor v. State, 36 Ark.
84.

284. Higher penalty on third conviction; former
convictions must be alleged; act dispensing with,
invalid. Comm. v. Harrington, 130 Mass. 35.

285. Verdict of guilty silent as to part of charge;
prisoner not to be tried again on that part. People
v. Dowling, 84 N. Y. 478.

The Trial; Practice and Evidence.

286. Challenge for bias; reading newspapers.
Abbott v. People, 13 N. Y. Week. Dig. 271.

287. Challenge wrongly disallowed no error, if
peremptory challenge follows. State v. Lawler, 24
Alb. L. J. 538.

288. Juror excused on court's own motion; fatal,
though not objected to. Hill v. State, 10 Tex. App.

618.

294. As to irrelevant matters. Brite v. State, 10
Tex. App. 368.

295. Application of rule of exclusion to experts.
Johnson v. State, 10 Tex. App. 571.

296. Duty of court to admit evidence at any
time before argument. Hewitt v. State, 10 Tex.
App. 501.

297. When declarations of accused are admissible
in his own behalf. State v. Daley, 24 Alb. L. J.
459.

298. Declarations of one of several engaged in
joint offense. Comm. v. Radcliffe, 130 Mass. 36.

299. Declarations of co-conspirator; documents
found on him. Post v. State, 10 Tex. App. 598.

300. Declarations in favor of fellow conspirator.
Wright v. State, 10 Tex. App. 476.

301. Of accused found with stolen property.
Childress v. State, 10 Tex. App. 698.

302. Admissions of felon incompetent.

State, 10 Tex. App. 186.

306. Rejecting testimony of contradicted wit-
ness. Swan v. People, 98 Ill. 610.

307. Evidence of former statements contradict-
ing witness; rebuttal. Queen v. Whelan, 8 L. R. Ir.
314.

308. Record evidence as to conviction of witness.
Long v. State, 10 Tex. App. 186.

309. Discrediting State witness; proof of his in-
dictment. McGuire v. State, 10 Tex. 125.

310. Form of question to impeaching witness.
Bostick v. State, 10 Tex. App. 705.

311. Convict's testimony; effect of general par-
don; charter of pardon. Rivers v. State, 10 Tex.
App. 177.

312. Reputation. State v. Daly, 24 Alb. L. J.
459.

Duties of Judge; the Charge; Care of Jury.
313. Duty of court to stop counsel abusing privi-
lege in addressing jury. Eaves v. State, 10 Tex.
App. 421.

314. Duty of court to interfere when counsel de-
nounces other side during discussion of legal point.
White v. State, 10 Tex. App. 381.

315. The charge; referring to former trial. Pharr
v. State, 10 Tex. App. 485.

316. Judge may read to jury judicial remarks on
expert testimony. People v. Niles, 44 Mich. 606.

317. Remarks on weight of testimony and credit
of witnesses. Wilbanks v. State, 10 Tex. App. 642.
318. Charge too general. Scott v. State, 10 Tex.
App. 112.

319. Instructions on circumstantial evidence.
Barr v. State, 10 Tex. App. 507.

320. Reading law-books to jury. Curtis v. State,
36 Ark. 284.

321. Presence of sheriff in jury room. McGuire
v. State, 10 Tex. 125.

Verdict; Sentence.

322. Verdict of guilty with recommendation to
mercy not objectionable. People v. Long, 44 Mich.

296.
323. Jurisdiction not lost by verdict for minor
offense. People v. Schoeneth, 44 Mich. 489.

324. Variance between verdict and judgment.
Rivers v. State, 10 Tex. App. 177.

325. Recitals; number and names of jurymen.
Marks v. State, 10 Tex. App. 334.

326. Indefinite. Howell v. State, 10 Tex. App.

298.

327. Record of conviction; entry of petit jurors.
Gerard v. State, 10 Tex. App. 690.

328. Sentence to take effect on expiration of
prior one. Fitzpatrick v. People, 98 Ill. 269.

Long v.

329. From what period term reckoned.
v. State, 10 Tex. App. 651.

Sartain

340. Rights of partners of crop; mortgage by
one; rights of creditors.
Nichol v. Stewart, 36 Ark.
612.

341. No common-law lien for advances for crop.
Franklin v. Meyer, 36 Ark. 96.

342. Landlord's lien as against mortgagee. Buck
v. Lee, 36 Ark. 525.

343. Right of heir to sown crop, on decree for
sale to pay debts. McDaniels v. Walker, 44 Mich. 83.
344. Parol re-transfer of growing crop to mort-
gagor. Jackson v. Evans, 44 Mich. 510.

Creditors' rights in, 544; Landlord's lien on,
709; rights of Foreclosure purchaser, 822.
Curtesy.

345. Wife's rights in life-time not affected by
curtesy. Brown v. Clark, 44 Mich. 309.
Custom and Usage; Attorney's fees, 96; post-
dated Drafts, 968; unloading Vessel, 1200; in
Stock transactions, 1218.
Cy-pres; see CHARITY, 198.

348. Falling through open draw; due care; bur-
den of proof; engineer expert's testimony. Hart v.
Hudson Bridge Co., 84 N. Y. 56.

Actions for, under Civil Damage Act, 773; effect
of death of Surety, 1234; of Partner, see PART-
NERSHIP; as to Burial, see that title.

Deceit; see FRAUD; by agent, 17.
Declaration.

349. Counts cannot derive aid from each other.
Clark v. Whittaker Iron Co., 9 Mo. App. 446.

350. Entry of rule to plead; service of declara-
tion. Blanck v. Circ. Judge, 44 Mich. 98.
Declarations and Admissions.

351. As part of res gesta. Callam v. Barnes, 44

Mich. 593.

352. Of intestate as to ownership of property in
suit between administrator and widow. Fellows v.
Smith, 130 Mass. 378.

Of Assignor for Creditors, 151; in Criminal prac-
tice, 298, 952; of Wife as against husband, 816.
Dedication.

353. Evidence of; dedication by plot. Cass Co.
Supervisors v. Banks, 44 Mich. 467; Hunt v. Chicago,
98 Ill. 147.

354. Evidence of intention. Chicago v. Johnson,
98 Ill. 618.

Deed; connected topics, BOUNDARY; COVENANT;
RECORD; TITLE, etc.

355. Consideration subject to oral evidence.
Dean v. Adams, 44 Mich. 117.

356. Proof of delivery. Martz v. Eggeman, 44
Mich. 430.

357. Passing of title; effect of re-delivering and
destroying deed. Rogers v. Rogers, 24 Alb. L. J.
457.

358. Lost deed; question of fact as to delivery.
Gorman v. Gorman, 98 Ill. 361.

359. Description aided by evidence; fixed by
appropriation. Messer v. Oestrich, 24 Alb. L. J. 457.
360. Passing under general words, of estate after-
ward disclosed. Watson v. Priest, 9 Mo. App. 263.
361. Defective description of lot; record notice.
Bowen v. Galloway, 98 Ill. 41.

362. Land conveyed as bounding on street;
grantor estopped to close it by building; order of
chancery for its removal. Karrer v. Berry, 44 Mich.
391.

367. Original restriction on several adjoining lots;
owners may enforce against each other.

368. "Nauseous or offensive trade;" "disturb-
ing the quiet of the neighborhood." Tobey v.
Morse, 130 Mass. 448.

369. Restriction on erection of "building; "
brick wall not a building. Nowell v. Boston Acad-
emy, 130 Mass. 209.

370. Rules governing exceptions and reservations.
Roberts v. Robertson, 24 Alb. L. J. 537.

371. Restriction on building construed as a per-
sonal covenant. Skinner v. Shepard, 130 Mass. 180.
372. Forfeiture under clause in deed only enforce-
able by first grantor. Neimeyer v. Knight, 98 Ill.

222.

Default.

373. Transitory actions in local courts; residence
of parties; entry of defaults. Elliott v. Farwell, 44
Mich. 186.

See also, JUDGMENT, 677.

Demand; in Trover, 211; in Replevin, 1150.
Demurrer.

374. Practice at common law and under N. Y.
Code. Un. States v. Leverich, 9 Fed. Rep. 481.
To Bill of Particulars, 171.

Deposition.

375. Before examining court; death or absence of
witness. Past v. State, 10 Tex. App. 579.
Descent; DISTRIBUTION; NEXT of Kin.

376. Children of deceased nephews and nieces ex-
cluded in favor of children of deceased brothers
and sisters. Conant v. Kent (Mass.), 130 Mass. 178.

377. Missouri Act; nephews take per capita;
grandnephews per stirpe. Copenhaver v. Copen-
haver, 9 Mo. App. 200.

Related topics, DEVISE; EXECUTOR; PARTITION;
WILL.

Desertion; Divorce for, 403.

Devise and Legacy; connected topics, CHARITY;
DESCENT; EXECUTOR; TENANT FOR LIFE; TRUST;
WILL.

378. Ejectment by devisee before probate of will.
Richard v. Pierce, 44 Mich. 444.

379. Implied charge of legacies on realty. Le
Fevre v. Toole, 84 N. Y. 95..

380. After-acquired land included in general de-
vise. Byrnes v. Baer, 24 Alb. L. J. 475.

381. Devise of portion of tract; ambiguous de-
scription. Tewksbury v. French, 44 Mich. 100.

382. Legacy to blind asylum on condition of sup-
porting inmate "; inmate expelled before will
took effect; asylum may offer to perform condition.
Livingston v. Gordon, 84 N. Y. 136.

383. Gift of entire estate, followed by limitation.
Weir v. Mich. Store Co., 44 Mich. 506.

384. Gift to "issue." Gibbons v. Gibbons, 24 Alb.
L. J. 539.

385. Bequest to "lawful issue" and "children";
grandchildren not included. Palmer v. Horn, 84
N. Y. 516.

386. Contingent remainder to "such other chil-
dren of A. as shall then be living." Smith v. Rice,
130 Mass. 441.
387. Contingent legacy. Lapse. Spiller, re, 18
Ch. D. 614.

388. Vested interests in adult children opened to
let in minors. Lechmere, re, 18 Ch. D. 524.

389. Vested and expectant interests; beneficial
estate in trust fund. Ham v. Van Orden, 84 N. Y.
257.

390. Use and disposal of estate to daughter;
contingent remainder to her children. Taft v. Taft,

130 Mass. 461.

391. Beneficial use to widow, till nephews of age;
special case. Hogan v. Hogan, 44 Mich. 147.

392. Devise to class; lapse; survivorship. Cre-
celius v. Horst, 9 Mo. App. 51.

393. Remoteness; gift to class; substitution.
Goodier v. Johnson, 18 Ch. D. 441.

394. Time of final division" of estate defined.
Wilkins, re, 18 Ch. D. 634.

395. Question whether devise was in fee or for
life; charge on devisee. Johnson v. Johnson, 98

Ill. 564.

396. Survivorship between life tenants. (7 Stew.
N. J.) Woolson v. Beck, 12 Rep. 756.

397. Estates pur autre vie; executory devise.
Barber's Estates, 18 Ch. D. 624.

398. Legacy turned over to treasury; kindred
turning up not entitled to interest. Gosman, re, 24
Alb. L. J. 498.

399. Assignment of legacies, pending probate
suit; setting off costs against assignees. Knapman,
re, 18 Ch. D. 300.

Discontinuance.

400. Of joint defendant by agreement not a bar
as to the others. Callam v. Barnes, 44 Mich. 593.
In Justice's court, 694.

Discovery; .... no cases.

Disseizin; see ADVERSE POSSESSION.
Divorce; as to Alimony, see that title.

401. For adultery; not granted on children's
evidence. Crowner v. Crowner, 44 Mich. 180.

402. For insanity; evidence. Slais v. Slais, 9
Mo. App. 96.

403. Desertion; what constitutes. (6 Stew. N.
J.) Schank v. Schank, 12 Rep. 756.

404. Desertion; cruelty. Holmes v. Holmes, 44
Mich. 555.

405. Specific performance of agreement for sepa
ration deed; "usual covenants" defined; custody
of children. Hart v. Hart, 18 Ch. D. 670.

406. Decree of custody conclusive in collateral
suit. Jennings v. Jennings, 24 Alb. L. J. 478.
Dogs; see ANIMAL.

Domicile; see POOR (Settlement).
Dower.

407. Acceptance of legacy in lieu of dower ;
priority. Tracy v. Murray, 44 Mich. 109.

408. Formal evidence of election of dower.
Daudt v. Musick, 9 Mo. App. 169.

joined in mortgage of homestead.
409. Widow's rights of dower where she has
Wells v. Wells
(Iowa, Dec. 13, 1881), 10 N. West. Rep. 824.
410. Tax-sale and subsequent redemption of mort-
gaged premises not a bar to dower. Walsh v. Wilson,

130 Mass. 124.

414. Of maker of note, no defense to indorser.
Bowman v. Hiller, 130 Mass. 153.

415. Extortion by duress of imprisonment. Plead-
ing. Holbrook v. Cooper, 44 Mich. 373.

Dying Declarations; in cases of Homicide, 952.
Easement; see DRAIN; INCUMBRANCE; PARTY-
WALL; SUPPORT; WATER; WAY.
Ecclesiastical Law; see CHURCH.
Ejectment.

416. Not supported by mere equitable right, or
after-acquired title. Percifull v. Platt, 36 Ark. 456.
417. Equitable defenses. Harrett v. Kinney, 44
Mich. 457.

418. Special facts. Bryce v. King, 44 Mich. 181.
Costs in; see 246.

Elections; connected topics, OFFICE; QUO WAR-

RANTO.

419. Illegal voting; elements of offense. Galla-
gher v. State, 10 Tex. App. 469.

420. Indictment of deputy marshal removed to
federal court; duty of State to prosecute.
State v.
Emerson (U. S. C. C., Del.), 12 Rep. 769.

421. Candidate not disqualified by promise to
electors to take less than legal salary; see 992.
People v. Thornton, 13 N. Y. Week. Dig. 280.

422. Of probate judge to fill vacancy; notice.
Secord v. Foutch, 44 Mich. 89.

423. Appointment of supervisors; deciding who
represents the democratic party. Elect. Super'rs, re,
24 Alb. L. J. 536.

424. Officer making false certificates; the indict-
ment; duplicity. Hall v. New York (N. Y. Sup.),
24 Alb. L. J. 519.

425. Corrupt Practices Prevention Act; questions
by commissioners tending to criminate witness.
Queen v. Hall, 7 Q. B. D. 575.

Elections under Liquor laws, 757, 769; under
School laws, 1178; changing Venue, 1323.
Elevator.

426. Grain elevators; contracts for storage. Mer-
chants' Exchange may make rule different from com-
mon law. Goddard v. Merch. Exch., 9 Mo. App. 290.
Connected topic, BAILMENT.
Embezzlement.

427. Averment of value. Distinguished from
theft. Reside v. State, 10 Tex. App. 675.
428. Of current money; proofs.

10 Tex. App. 690.

By mail agent, 1063.

Emblements; see CROP.

Gerard v. State,

Eminent Domain; as to City improvements, see
MUNICIPAL CORPORATION; lands taken for Rail-
road purposes, 1087.

Equity.

429. Same issues pending on law and chancery
sides of court; stipulation. King v. Chicago, etc.,
R. R., 98 Ill. 376.

436. Jurisdiction of appeal lost by escape. Luns-
ford v. State, 10 Tex. App. 118.

Under erroneous order of court, 56; of prisoner
on Bail, 105; by negligence of jailer, 1187.
Evidence; this topic is distributed under specific
titles; see especially TRIAL; WITNESS; and in
criminal cases, CRIMINAL Law, 286.

Exceptions; related topics, ERROR; APPEAL;
CRIMINAL LAW, 313, 337.

437. Exception to every sentence of charge.
Schelley v. Diehl, 24 Alb. L. J. 495.

438. Judge's statement as to notice being given.
conclusive. Spofford v. Loveland, 130 Mass. 6.

439. Correction of statement by judge. Stephens
v. State, 10 Tex. App. 120.

440. Texas practice as to preparing and certify-
ing. Keeton v. State, 10 Tex. App. 686.

441. Massachusetts practice; questions of law re-
served by lower court for supreme court. Reed v.
Home Sav. Bank, 130 Mass. 443.

442. Excepting to remarks thrown out by judge.
Copeney v. State, 10 Tex. App. 473.

443. Filed in time, but not signed and sealed till
afterward. Magill v. Brown, 98 Ill. 235.

444. To bring in to chancery record paper struck
off files. Floyd v. McDaniel, 36 Ark. 484.

445. Clerk's certificate of no use where papers
are not included in bill. Moore v. Cairo R. Co., 36
Ark. 262.

Execution related topics, ATTACHMENT; SHER-
IFF; JUDGMENT; CREDITOR'S BILL.

446. Antedated execution; amendment; man-
damus to circuit judge. Jennings v. Circuit Judge,
44 Mich. 99.

447. Execution not to issue while prior one in
existence; Iowa Act. Merritt v. Grover (Dec. 17,
1881), 10 N. West. Rep. 879.

448. Levy valid, despite equitable lien; effect of
decree by consent. Doe v. Plunkett, 1 Flippin C. C.
427.

449. Levy takes effect at time of notice of sale.
Bell v. Walsh, 130 Mass. 163.

450. Notice to debtor must be personal under
Massachusetts Act. Parker v. Abbott, 130 Mass. 25.
451. Collecting interest; statutory direction must
be indorsed. Todd v. Botchford, 24 Alb. L. J. 535.
452. Delivery-bond; recital of levy binds obli-
gors. Hundley v. Filbert, 24 Alb. L. J. 537.
453. Right of claimant to sue on bond.
State v.
Donnelly, 9 Mo. App. 519.

454. Exemption laws apply to the State; For-

432. Pleas. Want of formal replication.
more Bank v. Conn. Ins. Co., 24 Alb. L. J. 454.
433. Laches. Marvin v. Collins, 98 Ill. 510.
And see specific titles; also 1152.