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Jeopardy; see CRIMINAL LAW, 278.

Joinder; in Civil proceedings; as to joint offenses,
see 190, 269, 298, 508, 533.

651. Implied release of joint debtor by taking in-
dividual obligation. Case v. Seass, 44 Mich. 195.
652. Misjoinder; waived if no objection before
judgment. Peckham v. Lindell Co., 9 Mo. App. 459.
Composition by co-debtor, 6; Discontinuance
against one party, 400; joinder of creditors in Exe-
cution, 459; in Judgment, 665; Limitation, 752;
joint Mortgage notice, 871; joinder in Set-off,
1186; co-Surety, 1232, 1234.

Joint Tenant; related topics, TENANTS IN COM-
MON; JOINDER; PARTNERSHIP.

Judges and Courts; including matters special to
particular courts, and the relations of state and
federal courts.

As to Justices of the Peace, see that title; powers
of county court, 1239; other related topics, PROHI-
BITION; MANDAMUS; CERTIORARI; EXCEPTIONS;
TRIAL; CRIMINAL LAW; also JUDICIAL NOTICE.

653. What interest disqualifies trial judge. Dicks
v. Austin College, 12 Rep. 764.

654. Disqualification of prosecuting attorney by
relationship to complaining witness. People v. Cline,
44 Mich. 290.

655. Spirit, not letter, of rule of court followed.
Jaques, re, 18 Ch. D. 392.

656. Meaning of "cash under the control of the
court." Vicar, etc., ex p., 18 Ch. D. 646.

657. Jurisdiction of St. Louis Criminal Court.
Buckner, ex p., 9 Mo. App. 540.

658. Circuit court commissioner may tax and issue
execution for costs under Fraudulent Debtors Act;
mandamus to compel him. Watson v. Randall, 44

Mich. 514.

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Setting Judgment Aside; New Trial.
671. Vacating judgment after term. Kersh v.
Lincoln County, 36 Ark. 589.

672. Setting aside judgment; motion to quash
execution. State v. Berry, 9 Mo. App. 42.

673. Defense omitted by mistake; equitable re-
lief. Metcalf v. Williams, 3 Morr. Trans. 148.
calf v. Williams, 24 Alb. L. J. 496.
674. Equitable action to vacate; surprise. Met-

pealable. (N. Y.) Keck v. Werder, 24 Alb. L. J.
675. Order refusing to vacate judgment not ap-

453.

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179.

Charge to jury, 1280; examination of Witness by docket Record of, see IDEM SONANS; right of judg-
Attachment of, 88; Certiorari to reverse, 193;
judge, 1347. !

Federal Courts.

659. Pleading citizenship. Brooks v. Bailey, 9
Fed. Rep. 438.

660. Judgment of district court properly attested
by circuit judge. Corby v. Wright, 9 Mo. App. 5.

United States Supreme Court.

661. Mode of appeal in case of division of opinion.
Bartholow v. School Trustees, 3 Morr. Trans. 51.

662. Errors not considered on mere motion. Levy
v. Dangel, 3 Morr. Trans. 115.

Mutual jurisdiction of State and Federal courts,
117, 420, 1148; see also, REMOVAL OF CAUSES;
HABEAS CORPUS.
Judgment.

Foreign Judgments.

663. How far record of foreign judgment must
show costs fixed. Hunt v. Middlesworth, 44 Mich.
448.

664. Foreign; proof of; transcript of record.
Skinner v. Gray, 130 Mass. 5.

665. Foreign judgment record; jurisdietion; want
of, as to one of joint defendants. Wright v. An-
drews, 130 Mass. 149.

See also, 618.

Priority between Judgments.

666. Neglect of clerk to erase first judgment after
second rendered. Robertson v. Allen, 36 Ark. 553.

ment creditor against Vendee, 1322; see also, 40.
Judicial Notice; of time, 1268.
Judicial Sale.

680. Purchaser cannot move to set aside illegal
sale. Porter v. Graves, 3 Morr. Trans. 142.

See also, BANKRUPTCY, 155; EXECUTION; as to
foreclosure sales, 867.

Jury; in civil cases; as to criminal, see CRIMINAL

LAW.

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688. Issuing illegal order of delivery in replevin,
liable for trespass.
McClure v. Hill, 36 Ark. 268.

Practice.

Related topics, EJECTMENT; FORCIBLE ENTRY
AND DETAINER.
Crops.

709. Landlord's lien on crop not displaced by

689. Pleadings not to be too strict; amendments. taking mortgage. Franklin v. Meyer, 36 Ark. 96.
Snyder v. Winsor, 44 Mich. 140.

690. Irregular entries of names
Campbell v. Babbetts, 12 Rep. 768.

in docket.

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697. Offense of employing woman more than ten
hours a day in mill. Comm. v. Osborn Mill, 130
Mass. 33.

Bill of Particulars for, 172; action for, by Builder,
186; in Mines, 832; related topics, CONTRACTOR;
MASTER AND SERVANT; MECHANICS' LIEN.
Landlord and Tenant.

Lease; Covenants; Actions for Rent.
698. Entering and improving under parol con-
tract; damages for expulsion by writ of unlawful
detainer. Brockway v. Thomas, 36 Ark. 518.

698. a. Provision that lease shall continue unless

three months' notice is given. Dix v. Atkins, 130
Mass. 171.

699. Estoppel to deny landlord's title; judgment
for value. Bertram v. Cook, 44 Mich. 396.

700. Covenant to keep in repair; rule of damages
for removing fixtures. Watress v. Cambridge Bank,

130 Mass. 343.

701. Notice to terminate lease; leaving copy with
servant. De Giverville v. Stolle, 9 Mo. App. 185.
702. Surrender of lease under Bankruptcy Act;
sub-tenant's rights. Smalley v. Hardinge, 7 Q. B.
524.

703. Conditional sale to sub-lessee of furniture on
premises; attempt to distrain by original lessor; N.
Jersey Act. Bean v. Edge, 84 N. Y. 510.

704. Parol promise to take less rent than cov-
enanted, unavailing. Wharton v. Anderson (Minn.),
12 Rep. 752.

705. Covenant for double rent on holding over;
recovery for one month bars second suit.
Simmons, 9 Mo. App. 376.

Kerr v.

706. Common-law right of action for use and oc-
cupation. Cobb v. Kidd (U. S. C. C., South. D. N.
Y.), 12 Rep. 769.

707. Non-payment of rent; unlawful detainer
brought by landlord; counter-claims. Partial evic-
tion as a defense; plea of arbitration. Collins v.
Karatopsky, 36 Ark. 316.

708. Counter-claims; tortious acts of landlord.
Dimmock v. Daley, 9 Mo. App. 354.

710. Attachment of crop under Lien Act; affidavit
by agent. Rent-note payable to agent; denial of
title. Nolen v. Royston, 36 Ark. 561.

711. Remedy against purchaser of crop. Reavis
v. Barnes, 36 Ark. 575.

712. No right in landlord to possession of crop.
Bell v. Matheny, 36 Ark. 572.

713. Proceedings to enforce lien. Kurtz v. Dunn,
36 Ark. 648.

714. Question of right to growing crops, between
landlord and execution creditor of evicted tenant.
Russell v. Moore, 8 L. R. Ir. 318.

Relation of Parties to Third Persons.

715. Injury to stranger; landlord must have had
notice. Ploen v. Staff, 9 Mo. App. 309.

716. Tenants from month to month cannot
restrain nuisance. Clarke v. Thatcher, 9 Mo. App.

436.

Larceny; and Receiving Stolen Goods.

Generally.

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722. Horse-stealing; swindling distinguished.
Hudson v. State, 10 Tex. App. 215.

723. Of sheep; weight of evidence. Ellis v.
State, 10 Tex. App. 540.
Hailes v.

724. Identity of animals; bill of sale.
State, 10 Tex. App. 490.

725. Larceny of animals; proof of ownership.
Dodd v. State, 10 Tex. App. 370; Ruston v. State,
id. 644; Spruill v. State, ib. 695.

Pleading; Evidence.

726. Proving over precise averments. Simpson
v. State, 10 Tex. App. 681.

727. Value of stolen currency to be proved.
Simpson v. State, 10 Tex. App. 681.

728. General finding of guilty, without specify-
ing value. Vincent v. State, 10 Tex. App. 330.

729. Charging theft of bank-note as of "bank-
bill." Roth v. State, 10 Tex. App. 27.

730. The intent. Landin v. State, 10 Tex. App.
63; McPhail v. State, ib. 128.

731. Circumstantial evidence.
Tex. App. 293.

Ward v. State, 10

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733. Presumption from possession of goods. State
v. Kelly, 9 Mo. App. 512; Wright v. State, 10 Tex.
App. 476.

Receiving Stolen Goods.

734. Elements of the offense. (Maryland.) State
v. Hodges, 24 Alb. L. J. 459.

735. Charge of receiving stolen goods not sup-
ported by proof of larceny. State v. Honig, 9 Mo.
App. 298.

736. Liability of taker of stolen goods. Kramer
v. Faulkner, 9 Mo. App. 34.

737. Conviction for receiving, under charge of
theft. Vincent v. State, 10 Tex. App. 330.

Declarations as evidence, 301.
Legacy; see DEVISE.

Legislature; related topics, STATUTES; CONSTITU-
TIONAL LAW; STATE; UNITED STATES; ELEC-

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742. Charge of burning one's own store. West
v. Hanrahan, 12 Rep. 753.

743. Privilege; letter of outsider to member of
ministers' association making charges against an-
other member; repetition. Shurtleff v. Parker, 130
Mass. 293.

744. Reporting beggar an impostor; privilege.
Waller v. Lock, 24 Alb. L. J. 472.

745. Official indorsement of inferior's communi-
cation; secondary evidence as to contents of gov-
ernment archives. Maurice v. Worden (54 Md.), 24
Alb. L. J. 516.

746. Newspaper article making imputations;
province of innuendoes. Salvatelli v. Ghio, 9 Mo.
App. 155.

747. Newspaper libels; imputations on attorney.
Ludwig v. Cramer (Wis.), 12 Rep. 767.

Evidence.

748. Res gesta; provoking words by plaintiff.
Walker v. Flynn, 130 Mass. 151.

749. Evidence admitted of plaintiff's attempt to
bribe witness at former trial; repetition; defendant's
bad character not competent in mitigation. Hastings
v. Stetson, 130 Mass. 76.

License; to flow land, 47; for Drainage, 411; to
sell Liquors, see that title; for Pilotage, 1051.
Lien; of Bailee, 109; on Crop, 340, 709; of Ven-
dor, see SALE, also 1322; and see MECHANIC'S
LIEN; MORTGAGE.

Life-Tenant; see TENANT FOR LIFE.

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754. Application to action for bounty. Sturte-
vant v. Pembroke, 130 Mass. 373.

Of claims in Probate, 500; part payment on
Mortgage debt 848; in case of Patent, 1040.
Liquor; CIVIL DAMAGE LAWS; LICENSES.

Constitutional and other questions.

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755. Act closing saloons on "legal holidays;'
Christmas is included; Vested rights of liquor-
dealer paying tax before act passed. Reith Miller
v. People, 44 Mich. 280.

756. Action by husband for intoxication of wife;
constitutionality of act; license not a contract.
Moran v. Goodwin, 130 Mass. 158.

757. Michigan Liquor-tax Law; constitutionality
discussed; "contingent fund;" "general election."
Westinghouser v. People, 44 Mich. 265.

758. Mandamus to compel county treasurer to pay
over liquor taxes. E. Saginaw v. Treasurer, 44
Mich. 273.

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763. Licenses, renewals and forfeitures under
English Act. Queen v. Moore, 7 Q. B. D. 512.

764. Pursuing occupation of selling bitterswith-
out license. Viser v. State, 10 Tex. App. 86.
765. Occupation of retailing liquor withou
license. Crews v. State, 10 Tex. App. 292.
766. "Fitzpatrick's Bitters" within Act. Foster
V. State, 36 Ark. 258.

767. Druggist selling whisky for medicine with-
out license. Woods v. State, 36 Ark. 36.

768. Druggist keeping liquors to mix medicine;
Massachusetts Act. Comm. v. Ramsdell, 130 Mass.

68.

769. Local option laws; physician's right to sell;
time of ordering election. Boone v. State, 10 Tex.
App. 418.

Civil Damage Laws.

770. Iowa Civil Damage Act; contributing to
intoxication; joint and several liability; damages
in action on bond. Richmond v. Schickler (Dec. 17,
1881), 10 N. West. Rep. 882.

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780. Action lies against savings bank. Reed v.
Home Sav. Bank, 130 Mass. 443.

781. The doctrine as to exemplary damages in
Iowa. Parkhurst v. Mastellar (Dec. 17, 1881), 10
N. West. Rep. 864.

782. Sustained by failure of grand jury to find
bill; nol. pros. afterward entered. Graves v. Daw-
son, 130 Mass. 78.

783. Arrest on insufficient affidavit; prosecutor
nevertheless liable. Stocking v. Howard, 24 Alb. L.
J. 537.

See also, 1066; related topic, FALSE IMPRISON-

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788. To compel county auditor to audit claim.
Wheelock v. Suffolk County, 130 Mass. 486.

789. Action by police justice against county for
fees; remedy at law, not by mandamus. Wheelock v.
Suffolk County, 130 Mass. 486.

790. To compel city to maintain transfer railroad
track conforming to statute; refused, when city had
already acted. Rice Mach. Co. v. Worcester, 130 Mass.
575.

For various applications of the writ, see 42, 80,
154, 170, 196, 252, 446, 658, 691, 758, 902, 1068.
Manslaughter; see MURDER.

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793. Liability of husband for ante-nuptial debts
as wife's administrator. Turner v. Caulfield, 7 L.
R. Ir. 347.

794. Ante-nuptial agreement; performance by
husband sustained against creditors. Sanders v.
Miller (Ky.), 12 Rep. 746.

795. Covenant to settle property acquired by wife.
Dawes v. Tredwell, 18 Ch. D. 354.

796. Ante-nuptial settlement of wife's after-ac-
quired property; infancy of wife; election; restraint
on anticipation. Smith v. Lucas, 18 Ch. D. 531.

Relations of Husband and Wife; Generally.
797. Right with wife's assent to collect her rents
in his own name. Buck v. Lee, 36 Ark. 525.

798. Reduction to possession of wife's chose in
action. Donnelly v. Foss, 7 L. R. Ir. 439.

799. Conveyance by husband to wife through
trustee in repayment of loan. Atlantic Bank v. Tav-
ener, 130 Mass. 407.

800. Effect of constitution of 1874; conveyance
by husband presumed a gift. Ward v. Ward's Estate,
36 Ark. 586.

801. Wife equitable owner; husband may give
deed to make her legal owner. Seeders v. Allen, 98
Ill. 468.

Husband's right of Burial, 192; Stock taken in
wife's name, 230; Conveyances in Fraud of Creditors,
550; Wife's rights in husband's Life Insurance, 631.
The same subject; Wife as Feme Sole, etc.
802. Wife may convey and acknowledge as feme
sole under Arkansas Constitution of 1874. Roberts v.
Wilcoxson, 36 Ark. 355.

803. Mortgage by wife to secure future sales to
husband. Hall v. Jay (Mass.), 24 Alb. L. J. 517.
804. Wife compelled to convey to husband land
taken in her name. Wormley v. Wormley, 98 Ill.

544.

805. Creation of trust by wife without husband.
State v. Berberich, 9 Mo. App. 128.

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809. Sole and separate use; trust construed; not
affected by Act of 1861. Carpenter v. Browning,
98 Ill. 282.

810. Separate estate liable for her breach of con-
tract for purchase of land. Boeckler v. McGowan,
9 Mo. App. 373.

811. Not liable on note signed with husband and
for his benefit. Reed v. Buys, 44 Mich. 80.

812. Not liable to her surety on note given for
husband's debt. Richards v. Proper, 44 Mich. 96.

$13. Coverture no defense to sureties on her notes.
Gardner v. Barnett, 36 Ark. 476.

814. Judgment against separate estate; form of
order. Gallagher v. Nugent, 8 L. R. Ir. 353.

815. Judgment by default on note against wife
set aside. Albree v. Johnson, Johnson, 1 Flippin C.

C. 341.

Wife's acknowledgment of Deed, 365; Attach-
ment against separate estate, 90.

Trusts for wife, 1287; wife's Bank shares, 134.

Husband and Wife as Witnesses.

816. Admissions of wife as against husband.
Rose v. Chafeman, 44 Mich. 312.

Voluntary Separation.

817. Agreement of separation; release of property
by wife, how far binding. Cahill v. Martin, 7 L. R.
Ir. 361.

As to custody of children, see PARENT AND
CHILD.

Master and Servant.

818. Action for wages; evidence; offer of com-
promise. Abbott v. Andrews, 130 Mass. 145.

819. Right of employee to his own time out of
business hours. Wallace v. De Young, 98 Ill. 638.
820. Taking needy child into family; implied
agreement to pay for work. Ryan v. Lynch, 9 Mo.
App. 18.

821. Contributory negligence of ordinary laborer
in hazardous employment. State v. Malster (Md.),
12 Rep. 783.

822. Negligence of fellow-servant; action against
master. Curran v. Merch. Man. Co., 130 Mass. 374.
823. One servant liable to another for negligence
in common employment. Osborne v. Morgan, 130

Mass. 102.

As to Railroad employees, see 1114; other con-
nected topics; LABOR; MINES; CONTRACTOR; NEG-

LIGENCE.

Master in Chancery.

824. Premature reference to master in chancery.
Hicks v. Hogan, 36 Ark. 298.

826. Inchoate title; what is "running account;"
Fixtures; tanks and iron floor of factory. O'Brien
v. Hanson, 9 Mo. App. 545.

827. Quantum meruit; who is "owner;" pos-
session under contract; waiver of lien. Jodd v.
Duncan, 9 Mo. App. 417, 550.

828. Filing claim where owner has died; par-
ties; Iowa Act. Welsh v. McGrath (Dec. 15, 1881),
10 N. West. Rep. 810.

829. Splitting demand. Hayden v. Logan, 9 Mo.
App. 496.

830. Notice to owner; leaving paper with ser-
vant. Ryan v. Kelly, 9 Mo. App. 396.

831. Form of judgment against wife's estate.
Sullivan v. Saunders, 9 Mo. App. 75.

Merger of Mortgage, 849; of Injunction in Judg-
ment, 602.
Militia ;

....

no cases.

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835. Deposit of title deeds with bank; sale of
land by mortgagor; fresh advances; duty of notice
to purchaser. London B. Co. v. Ratcliffe, 6 App.
Cas. 722.

Related topics, TRUST; VENDOR AND PURCHASER
Relations of the Original Parties; Possession, etc.
836. Receipt of rents by mortgagee not equiva-
lent to payment of interest. Cockburn v. Edwards,
18 Ch. D. 449.

837. Payment on note; subsequent foreclosure;
question how payment should be applied; special
facts. Dean v. Toppin, 130 Mass. 517.

vening one; selling and suing mortgagor; then go-
838. Taking new mortgage in ignorance of inter-
ing to equity. Childs v. Stoddard, 130 Mass. 110.

839. Remedy by injunction of mortgagee turned
out of possession. Truman v. Redgrave, 18 Ch. D.
547.

840. Mortgagee keeping possession after tender;
putting in insolvent tenant. Greer v. Turner, 36

Ark. 17.

841. Inequitable stipulations; ejectment on mere
Mechanics' Lien; related topics, FIXTURES; CON- default; ex parte receivers. Hazeltine v. Granger,

TRACTOR; BUILDINGS.

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44 Mich. 503.

842. Of contingent interest, not discharged by
bankruptcy. Oliphint v. Eckerley, 36 Ark. 69.

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