PLEADING AND PRACTICE-Continued. part of plaintiff's demand in Illinois; plaintiff entitled to judgment for residue without trial, 143. When motion for judgment on the pleadings will be overruled, 211. Compliance with order of court where no special time is designated, 239. Facts, not conclusions of law to be stated, 478. Judgment not a written instrument within the meaning of the Indiana statute, and copy thereof filed is not part of the record, 479. Setting aside judgment after the term, 526. Vacating judgment after a year in Wisconsin, 550. Case where failure to show jurisdiction of justice was fatal to the proceedings, and the suit did not arrest the running of the statute of limitations, 71. POLICE REGULATIONS. [See CONSTITUTIONAL LAW.] POWERS. Requisites of a power of attorney to sell land, 263. Effect of a power not under seal; passes a title good in equity, 263. When contradictory directions as to notice of sale will be regarded as having been inserted in the mortgage by mistake, 263. Sale of land in fee by one who is seized of life estate, and is also a donee of the power to sell, held an execu tion of the power, if the will is referred to. Owens v. Baker, 372. Deed conveying in fee lands devised to the grantor, held to be an execution of a power contained in a will, so as to pass the whole estate; and the word "executrix" held descriptio persona. Owens v. Baker. Note by J. P. Ellis, Esq., 372. PRESCRIPTION. [Sce EASEMENT.] PRIORITY. [See also REGISTRATION LAWS.] Facts on which a creditor of a decedent whose estate was insolvent, was held to have no such superior equity over the family of the deceased as occupiers of the homestead, or over the purchaser of a portion of decedent's land not occupied as a homestead, as could be enforced in law and equity, 334. PRIVATE INTERNATIONAL LAW. Right of ancillary guardian in one state to pay over ward's money to domiciliary guardian in another state. Metcalf v. Lomax, 78. The rules which govern the relation of principal and ancillary guardian, executor or administrator stated; the ancillary subordinate to the principal trustee. Ibid. Lex loci governs the contract; lex fori governs the rem. edy, 190. Illinois statute exempting laborers' wages, held to apply to wages due non-residents, 190. Common law presumed to be in force in another state in absence of contrary proof, 215. That the law of another state differs from the common law must be alleged and proved, 215. Courts of one state will follow the clearly established law of another state, where the contract is governed by it. Where the contract is affected by the laws of two foreign jurisdictions, the most reasonable construction will be adopted. Mississippi Valley, etc. R. Co. v. United States Express Co., 42. contract sued on in Indiana will be presumed to have been executed in that state; and a bank named in a contract at which a note is made payable, will be presumed to be an Indiana bank. Walker v. Woollen, 248. Effect of marriage between negro and white person in another state valid under the laws of that state, but void under the law of the actual domicil. State v. Kennedy, 331. Effect of marriage between negro and white person in another state, the parties actually domicilated there, who afterwards removed into a state where such marriages are prohibited. State v. Ross, 392. Invalidity of divorces when procured in evasion of the law of the state where party is domiciled, 455. Deed made between citizens of Indiana of land in Missouri containing no covenant of seisin except the words "grant, bargain, sell and convey," which by the laws of Missouri implied a covenant of seisin, but by the laws of Indiana did not,-held that such a covenant being a personal one, was governed by the laws of Indiana. Bethel v. Bethel, 296. PROBATE COURT. Entries of record in probate court, in regard to annual settlement of guardian not judgments, and parol evidence as to, admissible, when, 309. PROMISSORY NOTE. [See also NEGOTIABLE AND ASSIGNABLE PAPER.] Indiana statute making agreements in promissory notes to pay attorney's fees void, is constitutional. Churchman v. Martin, 341. Containing a clause "and 5 per cent. attorneys fees in event of suit," 343. Stipulation for payment of "5 per cent. expenses of collection other than attorneys fees after suit be instituted on the note," or "5 per cent. for exchange and other purposes and other expenses incident to the collection thereof other than attorneys fees, if suit be instituted on this note," not within the statute, nor usur ious, 343. Effect of promissory note payable in gold coin of the United States, together with stipulation that if paid " at maturity or before suit is brought thereon, then it shall be payable in any lawful money of the United States." Churchman v. Martin, 343. Discharge of maker by alteration of note by payee, 430. Stipulation in respect of attorneys fees good in Kansas, 431. Note reading "we promise," etc., and signed by the makers as trustees of the First Universalist Church," is an individual note, 168. [See PLEADING AND PRACTICE.] PROHIBITION. Under what circumstances a writ of, will be issued to n inferior court, and when it will be refused, 71. PROFESSIONAL ETHICS. The right of lawyers to accept retainers without prejudging the merits of their client's case, 97. Concerning professional fees; reply to the strictures of the St. Louis Globe-Democrat upon this subject, 145, 146, 147. The St. Louis Globe-Democrat's attack upon lawyers further commented upon, 170. Advertising divorce shysters, 170, 172, 194. Necessity for the organization of a parliamentary bar, 217. Limit of professional duty in procuring the passage of legislative acts, 217. PROTEST. [See NEGOTIABLE AND ASSIGNABLE PAPER.] PROXIMATE AND REMOTE CAUSE. [As to actions for injuries caused by sale or gift of intox. icating liquors, see CIVIL DAMAGE LAWS. See also NEGLIGENCE.] Sheriff not civilly liable for injuries committed by pris oner unlawfully permitted to escape, 239. PUBLICATION. [See also PLEADING AND PRACTICE.] Notice by; article by W. P. Wade, Esq., 221.j Effect of printing notice of publication of sheriff's sale illegibly, 575. Of legal notice in paper printed on "patent outsides," 529. PUBLICATION OF OBSCENE MATTER. Proposition to amend statute concerning, 289. Prohibition of publication of obscene matter arising in course of suit, 289. PUBLIC RIGHT. Extent of, over streets and alleys, 410. PUBLIC SCHOOLS. Power of teacher to inflict chastisement; liability of teacher for assault and battery upon pupil; a person over twenty-one years of age who enters a school becomes a pupil by his own voluntary act, 284. Power of board of directors to discharge teacher for cause, 479. Prerogative of school board to regulate studies; rule suspending pupil for failure to be prepared in rhetorical exercises, 569. RAILROADS. [See also CONSTITUTIONAL LAW.] Right of action where railroads are laid in the streets of incorporated towns; elements of damage in such cases. RAILROADS-Continued. Chicago, etc. R. Co. v. McGinnis, with elaborate note by M. A. Low, Esq., collecting and explaining the American and English law, 11. Liability of railroad companies in Missouri for failure to fence their tracks, 25. Railroad wrecking; editorial, 92. Private person not allowed to go upon railroad to repair cattle guard; duty of railroad company in Iowa as to constructing cattle-guards, 360. Railway corporation may make valid contract guaranteeing the bonds of another corporation, and the lease of the latter road by the former is a good consideration. Low v. Cal. Pac. R. R. Co., 489. Recent statute of Illinois conferring police powers on conductors, 505. Lien of mechanics and material-men for furnishing supplies and work, 535. [See MECHANIC'S LIEN.] Statute requiring railroad corporations to fence applies to corporations chartered before its passage, 186. Parol agreement to move fence on line of railroad does not run with lease, 186. Not contributory negligence for owner of land to turn horse loose upon land where railroad track is not fenced, 176. Contract to build railroad to given point by a given time, 336. Consolidation of railway corporations; power of legislature to repeal charter, 545. Editorial comments upon resolutions of stockholders of the Ohio & Mississippi Railroad Co. in favor of the removal of the receivers, 49. Right to enforce reasonable regulations as to prohibiting passengers from riding on freight cars, etc., 548. Resume of the operations of the law department of the M., K. & T. Ry. for 1876, comments upon, 339. Circumstances under which claims for supplies recently furnished are paid, where railroad company has passed into the hands of receivers, 458. Stipulation indorsed upon railroad bonds by board of directors as to convertibility of bonds into capital stock; right of action of bona fide holder for refusal to convert; such right of action not assignable separate from bond, 570. Money received by railroad cashier subject to garnish. ment, 550, Construction of Ohio legislation regulating rates of pas. senger fare, 570. Action by passenger in Ohio for wrongful ejection. Ibid. Default in mortgage of railroad property and income, and refusal of possession to trustees will not alone warrant a court of equity in appointing a receiver. Union Trust Co. v. St. L., I. M. & S. R. Co., 585. Facts which, after default in the payment of interest se cured by railway mortgage, are held not to show such ultimate danger to the mortgagees as warrant a court of equity in appointing a receiver. Ibid. Extent of mortgage as to property, 430. Editorial comments upon the necessity of stringent rules of law for the prevention of railroad injuries, 1-2. A law suggested making demands for injuries a lien upon railroad property superior to contract liens, 2. Killing stock; leading article by W. P. Wade, Esq., explaining course of decisions in the different states, 3. Grounds of liability of railroad company to servant, 431. Liability for using upon its track a car with a defective break-beam, 431. RAPE. [See also ASSAULT WITH INTENT TO RAVISH.] Instructions to jury on an indictment for; fraud, personation of husband, 191. Effect of subsequent marriage of prisoner and prosecutrix, 530. REAL ESTATE BROKER'S COMMISSIONS. [See also BROKERS.] Right of broker to his commission; right not defeated by becoming one of the purchasers, 210. REASONABLE DOUBT, [See CRIMINAL EVIDENCE.] REBELLION. [See WAR.] RECEIVERS. Right of, to sue in another state. Cagill v. Wooldridge, with note by Hon. J. O. Pierce, 6. Unauthorized interference with possession of, is a contempt of court in England in general; but not where a landlord distrains for a year's rent, 69. Power of court to allow the issuing by receivers of a railroad of negotiable certificates of indebtedness creating a first lien. Meyer v. Johnson, 111. RECEIVERS-Continued. Limit of power of receivers to incur expenses; no power to make expenditures to defeat a proposed subsidy to a rival road. Cowdrey v. Galveston R., 126. The earnings of a railroad in the hands of a receiver are chargeable with the value of goods lost in transportation, and with damages done to property during his management. Ibid. Circumstances under which the claim of an attorney for trustee was held chargeable against the fund in case of a foreclosure of a mortgage on a railroad. Ibid. Right of, to bid in property at judicial sale to foreclose mortgage securing notes held by him as such receiver, 406. Circumstances under which claims for supplies are paid where a railroad company has passed into the hands of receivers, 458. Default in mortgage of railway property and income and refusal of possession to trustees will not alone warrant a court of equity in appointing a receiver. Union Trust Co. v. St. L. I. M. & S. R. Co., 585. Facts which after default in payment of interest secured by railway mortgages are held not to show such ultimate danger to mortgagees as to warrant a court of equity in appointing a receiver; circumstances under which a court of equity will refuse to appoint receivers of a railway, 577. Facts upon which jurisdiction of receiver appointed in another state held not to appear, 575. RECENT LEGISLATION. Illinois. An act to repeal an act entitled "An act to establish a recorder's court in the City of El Paso, etc., 328. An act to amend an act entitled "An act to provide for the incorporation of cities and villages," 328. An act to amend sec. 1 of art. 4 of an act entited "An act for the incorporation of cities and villages," 329. An act to provide the manner of proposing amendments to the constitution and submitting the same to the electors of this state, 357. An act declaring certain animals and birds feræ natura to be personal property, 379. An act to amend sec. 168 of an act entitled "An act to revise the law in relation to crimininal jurisprudence," 379. An act to amend sec. 7 of art. 7 of an act entitled "An act to revise the law in relation to township origanization," 379. An act to punish the offense of advertising for divorces, 405. An act to amend sec. 36 of an act entitled "An act to reverse the law in relation to criminal jurisprudence," 405. An act to establish probate courts in all counties having a population of 100,000 or more, to define the jurisdiction thereof and to fix the time for holding the same, 453. An act to define and punish conspiracies in the state of Illinois, 476. An act to amend sec. 7 of an act entitled "An act to regulate the Illinois Industrial University, and to make appropriation therefor, 477. An act to amend an act entitled "An act to revise the law in relation to criminal jurisprudence," 477. An act to amend sec. 5 of an act entitled "An act concerning fees and salaries, etc.," 499. An act to prohibit any city, town or village from receiv. ing from the county treasury a greater proportion of the surplus fund or tax than shall be received by any other city, town or village within the same county, 499. An act to amend sec. 2 of an act entitled "An act to provide for the assessment and taxation of bridges across navigable waters on the borders of this state," 499. An act concerning the use of water powers 499. An act to amend the law of real property, 547. An act to amend sec. 6 of an act entitled "An act to revise the laws in relation to marriages," 547. An act for the protection of passengers on railroads, 547. An act to amend sec. 47 of an act to establish and maintain a system of free schools, 595. An act to amend sec. 6 of an act entitled "An act to incorporate and govern fire, marine and inland navigation insurance companies doing business in the state of Illinois," 595. Missouri. Comments on action of Missouri legislation with reference to appeals, 361. Comments on measures proposed in the Missouri legislature to promote greater safety in the case of fire, 361. Comments on the work accomplished at the last session of the Missouri legislature, 434. An act to prevent the mortgagor or grantor in trust deeds RECENT LEGISLATION-Continued. of personal property from the fraudulent use or disposition of such property, etc., 474. An act to amend sec. 28 of chap. 160, of the General Statutes relating to executions, 475. An act regulating the payment of the expenses of the St. Louis Court of Appeals and the salaries of the judges thereof, 475. An act to provide for the publishing of the decisions of Supreme Court of Missouri, and for the appointment of a reporter thereof, and fixing his salary, 475. An act to authorize counties, cities, and towns to compromise their debts, 476. An act to promote the arrest of criminals, 498. An act to prevent the mutilation or alteration of an instrument of writing, with intent to cheat or defraud another, and to provide a punishment therefor, 498. An act to amend sec. 18 of chap. 179 of the General Statutes of Missouri, said chapter being entitled "of the claim and delivery of personal property," 498. An act entitled "An Act to amend sec. 39 of chap. 180 of the General Statutes of Missouri, in relation to appearances, pleadings, adjournment and consolidation of actions," 498. An act to amend sections 18 and 26, chap. 189, General Statutes of Missouri, entitled “Of Landlords and Tenants," 478. An act to amend sec. 2 of chap. 164 of the General Statutes of Missouri, 547. An act to preserve the public peace by preventing the display of knives and other deadly weapons in the presence of one or more persons, 547. An act to amend sec. 13 of chap. 115 of the General Statutes of 1865, and the act amendatory thereof, entitled "Husband and Wife-Rights of Married Women," 547. An act to amend chap. 201 of the General Statutes of Missouri, being article 3 of chap. 42 of Wagner's Missouri Statutes, entitled "of offences against public and private property," 547. An act to provide for the publication of notices of intention to apply to the legislature for the enactment of public and special laws, and to provide for the exhibition of the evidence of such publication, 188. An act to dispose of the records and unfinished business of common pleas courts abolished under section 42, article 6 of the constitution, 236. An an act to encourage the destruction of grasshoppers, 236. An act defining the powers and duties of grand juries, 260. An act to amend an act entitled "An act to authorize the different county courts to appoint additional justices of the peace," 260. An act to amend sections 25 and 27 of chapter 201 of the General Statutes of Missouri, 260. An act to prevent the discharge of persons by the "Habeas Corpus Act," who have been convicted of crime and erroneously sentenced, 260. An act authorizing the imprisonment of persons, convicted of misdemeanors in other places than county Jails, 260. An act to repeal an act entitled "An act to more fully provide for the organization of counties into municipal townships, and to further provide for the local government thereof, and repealing all former acts relating thereto," 261. An act to amend sec. 47 of chap. 169 of the General Statutes of Missouri, concerning practice in civil cases, 355. An act authorizing the withdrawal of certain military claims from the office of the third auditor of the United States treasury at Washington, etc., filed in said office in pursuance of an act entitled "An act to audit and adjust the war debt of the state," 355. An act making illegal voting a felony, and prescribing its punishment and making an attempt at illegal voting a misdemeanor and prescribing the punishment, 356. An act to amend sec. 16 of chap. 131 of the General Statutes of Missouri, the same being sec. 16 of chap. 145 of Wagners Statutes, 356. An act to amend sec. 2 of chap. 27 of the General Statutes of Missouri, entitled "Of County Surveyors," 377. An act to restrain domestic animals of the species of horse, cattle, mule, ass, swine, sheep or goat, from being herded on land other than that of the owner of of such herd, and to restrain such animals from running at large in the City of St. Louis and in the County of St. Louis, 377. An act to amend chapter 201 of the General Statutes of Missouri, entitled "of offences against public and private property" by adding a new section thereto, 403. An act to amend an act entiled "An act to amend § 56 of an act entiled an act to regulate the inspection of petroleum, oils or fluids, or any product hereof sold or manufactured for illuminating purposes," 403. RECENT LEGISLATION-Continued. An act to amend an act entitled " An act dividing the state into judicial circuits, etc.," with special reference to the Circuit Court of Stoddard County, 403. An act to encourage the destruction of cats, 404. An act authorizing the appointment of a marshal and janitor of St. Louis Court of Appeals, providing for their compensation, 404. An act to amend sec. 32 art. 8 chap. 42 of Wagner's Missouri Statutes, the same being sec. 32 chap. 206 of the General Statutes of 1865, 305. An act to provide for the custody of minor children in habeas corpus, between the parent of such minor and any person not the parent, 305. An act amendatory of an act entitled "An act to amend an act entitled 'an act dividing the state into judicial circuits prescribing the time of holding courts therein and providing for the election of five additional circuits judges and circuit attorneys," approved March 15, 1872, 305. An act to amend sec. 55 of chap. 201 of the General Statutes of Missouri, 1865, the same being sec. 55 of art. 3 of chap. 42 of Wagner's Missouri Statutes, 1872, entitled "offenses against public and private property," 306. An act to amend sec. 10 of chap. 107 of the General Statutes of Missouri, 306. An act to provide that no property shall be exempt from seizure and sale under execution for personal services rendered in the capacity of house-servant or common laborer to an amount not exceeding 90 dollars, 306. An act to amend sec. 9 and 11 of chap. 172 of the General Statutes of Missouri, 306. An act to amend sec. 2 of an act entitled "an act provid ing for the vacating of streets, alleys, public squares, and grounds of towns and cities, and providing for the change of names of such towns and cities, 327. An act to establish a schedule of fees for the office of register of lands, 327. An act to amend an act entitled "an act for the incor poration of insurance companies other than life insur ance companies, and for the regulation of insurance business other than life assurance business," approved March 4, 1869, being art. 3 chap. 76 of Wagner's Mis souri Statutes, 327. An act to authorize county surveyors or their deputies to enter mining shafts for the purpose of making surveys of drifts and establishing the lines of same 404. An act requiring county collectors to pay taxes and licenses into the state and county treasury monthly, 428. An act in relation to erroneous assessments and collec tion of taxes, and to correct clerical errors in the assessment of property for the years 1875-6, 428. An act creating a board of commissioners and appropri ating money for the erection of a building for the use of the supreme court, state library and attorney-general, 428. An act to authorize boards of directors, boards of trus tees, and boards of education in the state of Missouri, to submit to the voters of their respective districts propositions to increase the annual rate of taxation for school purposes and for erecting school houses, 452. An act to repeal an act entitled "An act to regulate the taking of depositions in civil cases in the county of St. Louis," 474. An act to amend sec. 1 of an act concerning notaries public, 474. An act to regulate conditional sales of personal property and providing that a violation thereof shall be a misdemeanor, 474. REGISTRATION LAWS-Continued. Effect of recording deed without indexing as notice to subsequent purchasers, Article by J. N. Rogers, Esq., 387. Effect of recording deed without indexing. Letter by F. H. P., 449. Unrecorded mortgage good against judgment, when, 548. Effect of recording deed without indexing, 568. REMOVAL OF CAUSES. Suit brought in a state court by plaintiff corporation to to set aside deed of trust made by its officers to another corporation of the same state, not removable to federal court under act of 1866 (Rev. Stat., sec. 639, clause 2), at instance of surviving trustee and bondholder. Cape Girardeau, etc., R. v. Winston, 127. That part of the act of 1866 in clause 2 of section 639 Rev. Stat. is repealed by the act of March 3d, 1875; or if this be not so, it is unconstitutional. By Treat, J., 127. Act of March 3d, 1875, not applicable to suit brought in territorial court, although, on admission of territory as a state, such suit passed into the jurisdiction of a state court. Ames v. Colorado Central Railroad Co., 199. What suits may be removed under clause "arising under the Constitution and laws of the United States of act March 3d 1875 section 2. Trafton v. Nougues, 228. This provision does not extend to giving federal courts jurisdiction over mining rights. Ibid. Requisition of petition for removal on ground that the case arises under the constitution and laws of the United States. Ibid. Where, in such a case, will be remanded for insufficiency of petition. Ibid. Contest over distribution of decedent's estate removable from probate court, 237. But such removal cannot be made from an appellate court, 237. Wisconsin statute requiring foreign insurance companies not to remove suits to Federal courts; conflict of jurisdiction between state and federal courts, 362. No removal after default and before same has been set aside. McCallam v. Waterman, 413. Time of filing petition for removal, 482. Subdivision 3 of section 639 of revised statutes not re- 572. Time within which petition for removal must be filled, 575. Where issue was joined nearly a month before the end of the term of the state court, and it did not appear but that a final hearing could have been had at that term, an application to remove under act of 1875, was denied. Ames v. Colorado Central Railroad Co., 199. REPLEVIN. Requisites of petition in replevin in Nebraska, 479. Requisites of petition in statutory substitute for replevin in Missouri. Bosse v. Thomas, 485. Defendant may justify under legal process under plea of general denial. Ibid. Rails and fence-stakes part of the realty and not subject to replevin, 502. Right of defendant where plaintiff voluntarily dismisses action, 597. Measure of damages, 311. Proceeding for claim and delivery of personal property in Missouri; variation between allegation and proof; defendant must be in possession or in control of goods, 405. REPORT. Effect of auditor's report in Massachusetts practice, 574. RES ADJUDICATA. Not necessary that the name of the plaintiff in present suit should appear as plaintiff in former suit, if he was in substance plaintiff, 120. Effect of judgment; second action based upon same and upon different claims between same parties, 416. Judgment in favor of county in suit upon certain coupons not an estoppel against plaintiff holding other bonds of the same series and other coupons, when. Cromwell v. County of Sac, 416; note by Hon. C. H. Krum, 419. Finding in one action that the plaintiff therein is holder and owner of certain coupons in suit no estoppel against defendant from showing in another action that such plaintiff prosecuted the first action for the use and benefit of the plaintiff in the second action, 419. Effect on former judgment, of reversal in supreme court; opinion not binding on the court on subsequent appeal, 502. Judgment in favor of ward on guardian's bond no bar to action by guardian against third parties, etc.; facts stated, 503. Action by landlord against gas company for injury from RES ADJNDICATA-Continued. gas explosion not barred by judgment in favor of tenant for same cause, 303. Question of res adjudicata which has not proceeded to final judgment, 286. RESCISSION. [See also EQUITY]. Rescission of sale of personal property on the ground of fraud, 359. Necessary averments in petition to reseind contract on ground of fraud, 574. REVERSIONER. Not bound to submit to judgment and will of tenant, 548. REWARDS. Some cases on the subject of rewards for finding and returning property, 384. RIPARIAN RIGHTS. Proprietor of fresh water stream in Indiana takes to the thread thereof, 448. Right of riparian owner upon tidal navigable river to access to and from the stream. Injunction awarded to restrain the construction of an embankment obstruct ing inlet to wharf, 452. Lateral contact with stream is, jure naturæ, as well as vertical contact, 452. Title to land under water in England and United States; public title to land under water in the United States confined to tide water. Barney v. City of Keokuk, 491. The soil of the Mississippi river and its banks at high water belongs to the adjacent state; hence the public authorities in Iowa have the right to build wharves and levees on the banks of the Mississippi below high water, etc.; right of owner to land to flow water; improper diverson of stream, 550. What is a water-course, 550. ROAD SUPERVISOR. Sale of sewing machines on condition; repugnant agreement; when written contracts may be varied by parol evidence, 210. Construction of "heretofore" when used in the sense of "hereinbefore," etc., 239. Sale of personalty; representations as to quality, which were held properly submitted to the jury, 407. Vendee rescinding contract must return property within reasonable time; what is reasonable time a question for the jury, 501. Selling inferior seed; non-liability for injury to crop and land, 312. Sale of lumber; estimate of quality made by third person conclusive, when, 407. Remedy for breach of warranty, 527. Implied warranty on the part of manufacturer of machine, 599. SALVAGE. Agreement for inordinate salvage brought about by compulsion not enforced, 473. SCHOOL CORPORATIONS, May sue and be sued in Indiana, 549. SCHOOL MONEYS. Right of treasurer in Nebraska to sue for moneys paid for licenses to sell liquor, 359. SCHOOL WARRANTS. Want of consideration may be pleaded in action upon 120. SCIRE FACIAS. [See CRIMINAL LAW AND PROCEDURE.] SEAL. Where unnecessary, rejected as surplusage, 95. In Missouri a seal upon a lease unnecessary, and surplusage, 165. SEPARATE ESTATE. [See MARRIED WOMEN.] SET-OFF AND COUNTERCLAIM. Payment on contract for sale of intoxicating liquors pleadable as counterclaim, 336. Judgment for residue in Illinois after allowing set-off, 358. Circumstances under which one who has bought goods from an agent may set-off as against the principal the debt due him by the agent, 380-1. Where a paragraph on contract is joined with paragraph for trespass in a complaint, an answer of set-off is good plea to the paragraph on contract. Ross v. Faust, 447. By tax-payer, of taxes illegally paid, in proceeding by mandamus from the United States court, 508. What may not be pleaded by way of set-off; usurious interest once paid, 308. What may be pleaded by way of set off; only such facts as constitute a cause of action on which a judgment can be recovered, 287. What facts are not pleadable by way of set-off; vendor's lien not so pleadable, 287. SEWING MACHINE CONTRACTS. [See SALES.] SHEPLEY, HON. ETHER. Sketch of, 168, SHERIFF. Liability for false return; taking property from possession of agent, may be described in return as taking it from possession of principal, 189. Amercement of sheriffs under section 472, of Kansas code, 215. What allegations are sufficient in an action on bond of, 238. Not civilly liable for injuries committed by prisoner unlawfully permitted to escape, 239. Statute of limitation does not commence running until delivery of deed. Jefferson v. Wendt, with note by A. C. Freeman, 197. Sufficiency of jurat to return [by special deputy; waiver of defects in return, 239. Sale made by deputy sheriff under deed of trust valid in Missouri, 190. Advertised in German paper, such advertisement held unconstitutional; sheriff may not retain for costs of such advertising, 264. SHERIFF'S DEED. [See SHERIFF.] SHERIFF'S SALES. [See SHERIFF.] SKINNER, HON. ONIAS C. Sketch of, 168. SLANDER AND LIBEL. Jurisdiction, of equity to restrain publication of a libel. In an action for libel, libelous publications from the same paper relating to other parties may be put in evidence to show that the paper was recklessly conducted, and therefore liable to punitive damages. Scripps v. Reilly, 128. Whether the publication of allegations contained in a bill of complaint on the files of court, is not decided. Ibid. In declaration for a libel not necessary to aver manner and extent of publication, 168. Enjoining the publication of libels. Article by A. C. Freeman, Esq. 171. Evidence of common report that plaintiff was guilty of offence charged, inadmissible, 209. When the words have an actionable local meaning complainant must aver that fact, 215. Not actionable to charge perjury before a board of registrars which has ceased to exist, 333. Words spoken by witness not actionable, 408. [See PRIVATE INTERNATIONAL LAW.] STATUTES. Earlier of two statutes continues in force, when, 359. Repeal of ordinance by implication; construction of charter of City of St. Louis, 286. Construction of Sheriff and Marshal's Act of Missouri (Acts 1855, p. 464), 120. Revised Statute U. S. 5448, as to fraudulent claims against the government; the word person therein does not mean corporation. United States v. Kansas Pacific Railway Co., 174. Effect of repealing clause in the revision of Kansas Statutes, 575. Repeal by implication not favored; illustration, 120. STATUTE REVISION. Editorial suggestions in regard to the best mode of revising the Statutes of Missouri so as to conform to the new constitution, 51; suggestions of correspond. ents, 68. In Missouri; letter of Hon. B. B. Cahoon, 91. Effect of general repealing clause in the revision of Kansas Statutes; effect of amending act in the revision, 575. Revised Statutes of the United States, some comments upon, 505. STATUTE OF FRAUDS. [See also FRAUDULENT SALES AND CONVEYANCES.] Verbal agreement of widow to answer debt of deceased husband personally, not within the statute, if creditor agrees not to claim it out of the estate, 215. Parol settlement of boundary valid, and will support ejectment, 332. Acquiescence in boundaries for a great number of years, conclusive evidence of boundary, 332. After assignment of interest in land subsequent parol agreement thereto, is void, 383. Promise stated which will not be held to be a promise to pay the debt of another, 429. Facts in a parol agreement of sale which were held not to be a part performance, 429. Case of execution of parol contract which was held void under the statute of frauds, 431. Receipt and acceptance of goods; circumstances which constitute a receipt and acceptance within the statute of frauds of Massachusetts, so that the seller could prove for the price against the estate of the buyer in bankruptcy, 472. Agreement by one to retain money due from him to another for the payment of the creditors of the latter not within the statute of frauds. Calkins v. Chandler, 490. Duty of promisor to withhold money from his creditor and pay it to person agreed upon. Ibid. Rule to ascertain the application of the statute of frauds stated. Ibid. Agreement to extend time of debt secured by real estate not within the statute. Re Betts, 558. Case where verbal agreement to reconvey land to conveyor's wife will be enforced, 598. |