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ACCIDENTAL DEATH. Definition of, see WORDS AND PHRASES.

ACCIDENTAL INJURY. Definition of, see WORDS AND PHRASES.

ACCIDENTAL MEANS. Definition of, see WORDS AND PHRASES.

ACCOUNTING.

Right of one whose name has been forged to a deed to an accounting. 56-578.

ACCREDITED TRAINING SCHOOL FOR NURSES.

Definition of, see WORDS AND PHRASES.

ACTION OR SUIT.

Accrual of cause of action.

When cause of action arises for wrongful delivery of goods by carrier. 561167.

Defenses open under plea. Defenses open under plea of not guilty in forcible entry and detainer. 56-797.

Joinder.

Joinder of causes of action. 56-175.

ADMIRALTY.

Jurisdiction of action for personal injury.

Workmen's compensation act as applicable to injuries within admiralty jurisdiction, see Workmen's Compensation.

Time.

APPEAL

Right to consider appeal not taken within time limited by statute. 56-903.

Bringing facts into record. When facts should be brought into the record. 56-1117.

Failure to discuss errors.

Failure to argue contention as waiver. 56-784.

Raising question below.

Effect of failure to appeal from ruling. 56-953.

Question not raised below. 56-853. Raising for first time on appeal question of responsiveness of judgment to verdict. 56-853.

Review and determination. Conclusiveness of decision as to materiality of evidence. 56-784.

Reviewing evidence on appeal to establish material fact. 56-784.

Review of findings. 56-734.

Rehearing.

Right to rehear facts on appeal from Public Utilities Department. 56-784. Presumptions and inferences. Assumption of truth of testimony on ap

peal from directed verdict. 56-1127. Indulging inferences in support of findings and judgment. 56-860. Presumption as to correctness of recitals. 56-697.

What reviewable.

Denial of affirmance of order not final in its nature. 56-697.

The dash in each citation stands for A.L.R.

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ARREST.

Unlawful arrest as bar to prosecution under subsequent indictment or information. 56-260 (case p. 257).

Assignability of claim or contract. Assignability of claim on executed contract. 56-1387.

Assignability of executory contract. 561387.

- matured claim.

Claim under contract of property insurance as assignable after loss. 561391 (case p. 1387).

Validity of assignment of matured claim on insurance policy. 56-1387.

ASSUMPSIT.

Money received.

Action for money had and received to recover proceeds of mutual benefit certificate. 56-1117.

Gist of action for money had and received. 56-1117.

ATTORNEY GENERAL.

Liability of.

Effect of securing appointment for pur-
pose of prosecution. 56-1239.

—for malicious prosecution.
Immunity of prosecuting officer from
action for malicious prosecution.
56-1255 (cases pp. 1217, 1239).
Liability for malicious prosecution. 56-
1239.

ATTORNEYS.

Duty of attorney to obey request of court,
see CONTEMPT.

Duty to call or produce witnesses.
Duty of attorney to call witness or to

procure or aid in procuring his attendance. 56-174 (case p. 169). Duty of attorney to produce witnesses. 56-169.

-failure to follow instructions. Attorney's liability for failure to follow client's instructions. 56-962 (case p. 953).

AUTOMOBILES.

As baggage subject to innkeeper's lien, see INNKEEPERS.

Automobile as subject to innkeeper's lien, see INNKEEPERS.

Intoxicated driver.

Civil liability of person driving automobile while under influence of liquor, constitutionality and effect of statute relating to. 56-327 (case p. 317).

Italic type indicates points with annotation; roman type points without.

Construction of statute raising conclusive
presumption as to incapacity of in-
toxicated automobile driver. 56-317.
Propriety of instruction as to intoxication
of driver of automobile, see TRIAL.
Purpose of act raising conclusive presump-
tion as to incapacity of intoxicated
automobile driver. 56-317.
Statutory conclusive presumption of in-
capacity of intoxicated driver not de-
nial of due process of law, see CON-
STITUTIONAL LAW.

Owner's duty to guest.

Duty of owner of automobile to guest car-
ried as passenger. 56-1403.

BAGGAGE.

Definition of, see WORDS AND PHRASES.
Innkeeper's liability to guest for loss of
baggage, see INNKEEPERS.

BAIL.

Compelling acceptance by mandamus of
sureties tendered on bail bond, see
MANDAMUS.

Who may act as bail.

Nonresidence of sureties tendered on bail

bond as ground of rejection. 56-
1094.

Qualification of surety on bail bond as
affected by lien or encumbrance on
his real property. 56-1097 (case
p. 1094).

BAILMENT.

Liability of carrier or other bailee be-
cause of misinformation as to time
or place of arrival or storage of
goods. 56-1382 (case p. 1377).

BANKRUPTCY.

Payment voidable under bankruptcy act
as discharge of surety, guarantor,
or indorser. 56-1363 (case p.
1358).

BANKS.

Knowledge of bank officer as guardian,
see NOTICE.

Liability of stockholders.
Discharge of stockholder's liability by vol-

untary payment to particular credi-
tor. 56-521.

Enforcement of statutory liability of.
stockholder. 56-521.

Payments by stockholders applicable up-
on double liability. 56-527 (case
p. 521).

Reduction of stockholder's liability. 56-
521.

Character of deposits.

Presumption as to character of funds com-
ing to bank. 56-801.

Trust funds.

Liability for use of trust fund. 56-964.
Statutory duty of bank to keep separate
funds received by it as executor or
administrator, see EXECUTORS AND
ADMINISTRATORS.

Trustee's private bank, effect of deposit
of trust fund in. 56-964.

Trust fund deposited in bank as special
deposit. 56-964.

Notation on bill or rote.

Effect of notation on check. 56-1369.
Notation or memorandum on bill or note
as notice. 56-1373 (case p. 1369).

Countermanding cashier's check.
Right to countermand or stop payment
on cashier's check. 56-532 (case
p. 529).

Preferences.

Effect of treating funds of estate received
as administrator as deposit. 56-801.
Recovery of trust funds collected by in-
solvent bank. 56-801.

Right of insolvent banking corporation to
prefer creditors. 56-200.

Trust or preference in assets of insolvent
bank or trust company in respect of
funds which it held as executor, ad-
ministrator or testamentary trustee.
56-806 (case p. 801).

BIGAMY.

Predication of offense of bigamy upon
common-law marriage. 56–1264.

BILLS AND NOTES.

Parol evidence to contradict promissory
note, see EVIDENCE.

Notation on bill or note.
Notation or memorandum on bill or note
as notice. 56-1373 (case p. 1369).
Sufficiency of consideration.
Money advanced to corporation as invest-
ment as consideration for note. 56-
392.

Indorsement.

Effect of indorsement on face of note.
56-230.

Guarantor in separate instrument of
mortgage securing promissory note
not indorser of note. 56-915.
Indorsement of bill or note by writing
not on instrument itself. 56-921
(case p. 915).

The dash in each citation stands for A.L.R.

56 A.L.R.-98.

-consideration for.
Right of maker or other party to trans-

fer, to make defense that paper was
transferred on gambling consider-
ation. 56-1322 (case p. 1320).

-liability of indorser.

Effect of words "credit the drawer" upon
liability of indorser. 56-230.
Personal liability of corporate officer sign-
ing note with direction to "credit the
drawer." 56-230.

Words, "credit the drawer," on note, as
affecting liability of one who signs
before delivery. 56-232 (case p.
230).

Necessity of presentment.
Discharge of indorser of promissory note
by failure to present. 56-915.

Implied waiver of demand.
Payment on note as waiver of demand or
notice. 56-915.

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BONDS.

Breach of bond.

What amounts to embezzlement or lar-
ceny within fidelity bond. 56-967

(case p. 964).

BUILDINGS.

Regulating height.

Authority to establish minimum height of
buildings, under zoning act granting
power to "regulate" and "limit."
56-242.

Italic type indicates points with annotation; roman type points without.

Ordinance prescribing minimum height of
buildings as within zoning act. 56-
242.

Statute or ordinance prescribing mini-
mum height of buildings, validity of.
56-247 (case p. 242).

Erection of wooden buildings.
Contemplation of ordinances by builders.
56-872.

Power of municipality to prohibit erection
of wooden buildings within fire limits.
56-872.

Repair of building.

Control by city of repair of wooden build-
ings. 56-872.

Forbidding minor repairs on wooden build-
ing. 56-872.

Municipal regulation of repair of building.
56-872.

Reasonableness of ordinance forbidding
repair of building. 56-872.
Right of city to require bond as condition
of repairing building. 56-872.

wooden building within fire limits.
Power to forbid or restrict repair of
wooden building within fire limits.
56-878 (case p. 872).

-building injured to percentage of
valuation.

Reasonableness of ordinance forbidding

repair of building injured to a per-
centage of its assessed valuation. 56-
872.

CANDIDATES.

Electorate as final tribunal for determina-
tion of liability of one libeling candi-
date, see LIBEL AND SLANDER.
Libeling candidate for office, see LIBEL
AND SLANDER.

Right to criticize candidate for office, see
LIBEL AND SLANDER.

CARRIERS.

Who are common carriers.
Distinction between private and common
carriers. 56-1042.

Change to common carrier.
Compulsory change from private to com-
mon carrier. 56-1042.

Motor transportation for hire.
Regulation of use of highways by private
motor vehicles for hire. 56-1056
(case p. 1049).

Care due passenger.
Measure of care due to passenger. 56-
975.

Preventing passenger from leaving
moving car.

Carrier's duty to watch passengers on

open car. 56-975.

Duty and liability of carrier to passenger
attempting to leave moving street
car. 56-981 (case p. 975).
Duty of carrier to anticipate that adult
passenger will attempt to leave mov-
56-975.
ing car.

Duty of carrier to anticipate that passen-
ger about to alight does not know
car is still moving. 56-975.
Duty of carrier to warn passenger about
to alight. 56-975.

Duty of street car conductor to warn pas-
senger going toward exit of moving
car. 56-975.

Effect of custom to warn passengers not
to alight from moving car. 56-975.
Leaving moving car.

Duty and liability of carrier to passenger
attempting to leave moving street
car. 56-981 (case p. 975).
Mistaken belief of passenger that street
car has stopped as negligence. 56-
975.

Passenger chargeable with knowledge
that irregularity in motion of car
in stopping is an element of danger.
56-975.

Loss of goods.
Liability of carrier or other bailee be-
cause of misinformation as to time
or place of arrival or storage of
goods. 56-1382 (case p. 1377).

Misdelivery of goods.

Liability of carrier delivering shipment
without surrender of bill of lading.
56-1167.

Legislative control.

Power of legislature to restrain ruinous
56-
competition between carriers.
1042.

Establishment of hack stand.
Contract authority to establish hack stand
in station grounds of carrier. 56-
756.

Duty of carrier to permit cab business
within station grounds. 56-756.

Power of municipality to maintain pub-
lic hack stand on property of carrier.
56-767 (case p. 756).

Right of municipality to establish hack
stands within grounds of carriers.
56-756.

Exclusion of taxicabs.
Exclusion of taxicabs from railroad prop-
erty. 56-756.

Right of carrier to grant exclusive privi-
lege to taxicabs. 56-756.
Overcharging passenger.

Effect of overcharge by mistake or in-
advertence. 56-776.

The dash in each citation stands for A.L.R.

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