Libel, may deny and justify, 29–313. Lien. See Attorneys—Chattel Mortgages—Mistake—Satisfaction. Life Estate, when and for what trustee of cannot reimburse himself, and Limitations, Statute of, for refusing transfer of stock, 29-280-1. Lunatic, when guardian of liable, 29–569. See Principal and Agent. 'M. Magistrate. See Indictment-Warrant. Malicious Prosecution, corporation liable for, 29–623. Manslaughter. See Accident. Marriage, devise in restraint of, 29-644. Married Woman, land of included in husband's mortgage by mistake, 66 29-593. Master and Servant, exposing servant to infectious diseases, etc., 29–14-5. master's liability to servant for using dangerous cars, See Act of God-Agreements-Husband and Wife. Mistake, indorser misunderstood liability, and indorsee knew he did, 29–571. if paid by, may recover back though careless, 29-590. but negligence proper to go to jury on question of whether was mis- money paid, intending not to investigate, 29–590. must be as to existing fact, and not as to future event, 29-590. when none in peculiar case for purchase of land, contract assigned, if collateral contract, remedy on that, 29–591. fraud in refusing to enter into contract, 29–591. when will not admit parol evidence, 29-591. ignorance of extrinsic fact not essential to contract, 29–591. unless trust and confidence, cannot proceed blindly and complain cannot sue to recover back money paid, without demand, 29–591. must be mutual mistake or fraud by one, 29–591. not reformed if just as parties intended to make, 29-591. if more or less included in deed, etc., by mistake or fraud, will be reformed against one with notice, or not bona fide purchaser, 29– wrong property included to other's knowledge, 29-592. though no mutual mistake, 29–592. what must prove to entitle to reform, 29-592. as to quantity of land, may recover excess paid though deed given, no mistake alleged, but intention was, 29–592. deed bounds by another, no warranty or assertion fence on line, deficiency in number of acres, 29-592. Mistake-continued. grantee supposed buying one lot, and deed given for another, what necessary to legal fraud, 29-592. party duty to prepare paper, prepares one different from contract is agreed to take subject to mortgage, clause inserted assuming it, after directions for deed given, one gave scrivener directions to change part left out in statement, unnecessary, 29-593. wife claimed some her land included in mortgage by mistake, mere mistake of law insufficient, 29-593. fraudulent representation as to legal effect, 29–593. evidence must be clear, 29–593. terms of agreement must be definite, 29-593. if in executory contract and deed not sufficient to allege in deed, must deed by sheriff may be corrected, 29-594. cannot be corrected as against bona fide purchaser, 29-594. in mortgage, when reformed as against judgment creditor, 29–594. as against assignee of judgment, 29-594. as against assignee of mortgage, 29-594. one directed to get correction took title in himself, and then offered if purchaser has notice of facts, has of those which investigation if corrected will be by transferring lien agreed upon on other parcel, after judgment for part chattels taken with others, cannot recover for recovery for part due on single covenant prevents recovery for other otherwise different sales, 29–595. when party injured guilty of laches, 29-595. when deed does not convey piece of land, though other deed contain- when no defence to criminal prosecution, 29–664. See Satisfaction. Money Paid. See Mistake. Mortgage, of cemetery lot, 29-629. junior may insist upon set-off debt from first mortgagee to mort- but not if passed to assignee, 29-710. may pay, if does so without notice, 29-710. See Mistake-Principal and Surety-Satisfaction. Motion. See Bankruptcy. Motive, mere intent, not acted on, not to take advantage of delay, will not change legal rights, 29-347. See Accident-Intent. Municipal Corporations, removal carcases of animals, 29-148. as to slaughtering, 29-148. liability of town to highway commissioner, judgment city cannot offer reward, 29-529. may board of supervisors do so? 29-529. vote town to pay firemen, 29-529. Municipal Corporations-continued. town may buy land and build town hall, 29-529. city contracting for fireworks, 29-529. may put one not in common council on committee, county not bound to pay rent of officer if has pro- common council cannot delegate powers, 29–529. contract to allow lessee to fix them, void, 29–529. N. Negligence, of public body acting gratuitously, 29-13. แ 35 as to infectious building, 29-14. keeping pest-house, 29-15. physician may order small-pox house cleansed, 29-15. employing woman to clean small-pox house, and she caught of party's agent in mailing letter, 29-347. of consignee as to delivery by carrier must contribute to mistake, when happening of accident raises presumption of, 29-775. Notice, when possession is not, 29-554. 66 of facts, is of others which investigation would disclose, 29–594. Novation. See Principal and Surety. Nuisance, power of municipal corporation to provide for removal carcases of dead animals, 29-148. to justify removal must show deleterious to public health, 29–148. keeping gunpowder, burying dead, etc., 29-568. See Negligence. O. Officers, rule can follow trust funds does not apply to public officers, 29-198. See Disqualification-Nuisance-Principal Ordinance, removal carcases animals, 29–148. as to slaughtering, 29-148. and Agent. P. Parol Evidence, to show apparent principal is in fact surety, 29–224. 37 that surety not to be called on till collaterals sold, 29-230. not admissible to show contracted as agent and not as prin- see as to " cashier," etc., of bank, 29-567. as between maker and indorser, that latter should not be cannot show, as against subsequent indorsee, made merely ten over indorsement, 29-570. to show waived protest, 29–570. to show varied or enlarged liability implied by law, 29- 570. oral agreement, when admissible between parties, 29-570. to make indorsement a guaranty, 29-570. to show note given merely as receipt for so much money, by indorser to show holder to collect out of particular fund, to show indorsement procured by fraud, 29–571. so merely to facilitate collection, 29-571. so has been perverted, 29–571. given for certain quantity of hay, if less, to be deducted, so for mules to be, but not, delivered, 29–571. to show transfer as collateral and not absolutely, 29-571. to show indorsed for plaintiff's accommodation, 29–571. but must allege and show notice thereof to holder, 29– 571. when fraud or mistake does not render competent, 29-591. Parties, when lessee necessary in suit to dissolve corporation, 29–60. Partnership, when guarantor liable for debt after death of one partner, 29– See Principal and Agent—Principal and Surety. Party Wall. See Support. Passengers. See Carriers-Railways. Payment, when renewal and not payment, 29–174. See Principal and Surety. Penalty. See Damages. Performance, damages when one party hinders other from commencing at time contractor limited as to time, how much allowed after begins, See Act of God-Agreements—Support. Perjury, when not necessary to prove process, commencing proceeding in which committed, 29-91. may be convicted of, though not competent witness, 29-91. none, if court administering oath had no jurisdiction, 29-91. Perjury-continued. 66 if court of limited jurisdiction, indictment must show it had jurisdic- (6 when does sufficiently so allege, 29-91. Personal Agreements. See Agreements. Physician, when may recover for attending patient in hospital, 29-14. See Negligence. Pleading, one claiming to be bona fide purchaser must plead facts showing is, 66 how objection to plea to be taken, 29-200. may deny and justify, 29–313. Pledge, when pledgee may sue to preserve corporate property, 29-280. Possession, when not notice of equity, 29–554. Presumption, that delivery to carrier is for transportation, 29–296. when that wife living separate from husband has means, from apparent relations of persons travelling together, 29– when agent sued that he had authority to do what he did, 29– when accident raises presumption of negligence, 29-775. See Survivorship. Principal and Agent, power of attorney of lunatic when executed, void, 29-99. insanity unknown to third person dealing with agent so personal representative of lunatic, 29-100. how far unknown death of principal affects act of agent, after death of principal, debtor paid agent on contract death of principal terminates power of sub-agent, power to sell, coupled with an interest in thing sold, sur- otherwise as to interest in proceeds of sale, 29–100. แ agent of firm acted after death of one member, 29–100. how such act affects firm, 29-101. how declarations of such agent, 29-101. firm appointed agents and one dies, 29-101. if two appointed agents and one incapacitated, other purchaser may set off claim against agent or broker, un- so bank may set off debt against principal, though de- when bankrupt discharge of agent entitles bank to set sale of part of mortgaged land to A., who to pay mort- |