INDEX.* Abbreviations: N. P., Notary Public. Offi., Officers. Part., Partnership. Paym., Payment and Settlement. Pleading. ABANDONMENT. of homestead. Pl., § 2143. ABATEMENT. See Demurrer; Partnership; Plea; Pleading; Practice. of suit for penalty, by death. Pen., § 120. ACCORD AND SATISFACTION. See Plea. what constitutes. Paym., §§ 273-276. an accord must be executed. Paym., §§ 277, 278. ACCOUNTS. See Partnership; Payment and Settlement. ACTIONS. See Abatement; Debt; Forfeitures; Partnership; Penalties and Forfeitures; of mandamus, bars action for damages on same cause. Offi., §§ 20, 21. cannot be maintained after award and payment, on original demand. Offi., § 18. ADDITIONAL COMPENSATION. See Mail. ADMINISTRATOR. See Declaration; Powers, ADMIRALTY. See Pleadings in Admiralty. ADMISSIONS. See Evidence; Pleadings in Admiralty; Replication. in pleadings. Pl., § 1917-1929. AFFIRMATIONS. AGENCY. See Oaths. distinction between, and partnership. Part., § 11. AGENT. See Bounties; Declaration; Officers; Pensions. when misjoinder cured by verdict. Pl., § 419. informality, when cured by. Pl., §§ 1940, 1963–1970, 2064–2082. AMENDMENTS. See Pleading. allowance of, not open to revision in court of error. Pl., SS 2083, 2089. but allowable to correct inadvertencies. Pl., § 2085, 2091. of petition, conforming to equity rules. Pl., § 1185. of declaration, after plea, replication and demurrer. Pl., § 761. illustrative cases. Pl., § 2095-2123. ANSWER. See Amendments; Plea; Pleadings in Admiralty. * Prepared by EUGENE MCQUILLIN, Esq., of the St. Louis, Mo., Bar. ANSWER IN EQUITY. See Plea; Supplemental Pleadings. information and belief. Pl., §§ 1497-1499, 1501, 1502, 1519, 1520, 1522, 1523, 1580– 1585. insufficient. Pl., §§ 1500, 1518, 1528, 1632. under thirty-ninth equity rule. Pl., SS 1503-1506, 1525-1531. joint and several. Pl., § 1507, 1532, 1599. signature. Pl., §§ 1508, 1533. to interrogatories. Pl., § 1509, 1510, 1511, 1516, 1523, 1524, 1534–1537, 1542. infringement of patent. Pl., SS 1613-1616, 1620-1623. when no note is appended. Pl., § 1511, 1537. exceptions to part. Pl., §§ 1512, 1538. whether part may be heard separately. Pl., SS 1513, 1539. as evidence. Pl., §§ 1517, 1543, 1628-1665. insufficient bar in. Pl., § 1528. sufficient bar in. Pl., § 1529. APPEARANCE. Pl., § 1531. Pl., § 1544-1558, 1564-1579, 1599-1612, 1617-1624. to suit by partner. Part., §§ 110, 150, 151. APPELLATE PRACTICE. See Amendments; Practice. APPLICATION OF PAYMENTS. See Payment and Settlement. APPOINTMENT. See Officers. power to make. Pow., §§ 38-42. ARREST. See Officers; Privilege. ASSIGNEE. See Bankruptcy. ASSIGNMENTS. See Partnership. right of insolvent debtor to prefer creditors in Mississippi. Part., § 369. of debts by partner. Part., §§ 102, 131. ASSISTANTS. See Officers. ASSUMPSIT. See Answer; Declaration; Plea; Pleading. ATTACHMENT. right of private creditors to attach partnership property. Part., §§ 253, 253a, 255, 334. mail of debtor not subject to. Post., § 52. to bring party before court; practice. Offi., § 260. United States courts may compel observance of rules by. Offi., § 262. ATTORNEY-GENERAL. See Officers. ATTORNEY, POWER OF. See Powers. AUTHORITIES REVIEWED. as to variance between writ and declaration. Pl.. SS 1954, 1955. as to how far bad plea cured by verdict. Pl., § 1966. as to whether or not justice is done though the forms are incorrect. Pl., § 1968. as to multifariousness of bill in equity. Pl., § 1180. as to demurrability of bill for infringement of patent. Pl., § 1188. as to statement of venue of instrument declared on. Pl., § 33. as to joining defendants in action for conversion. Pl., § 39. as to what constitutes duplicity. Pl., § 977. as to recovery in action for debt. Pl., § 345. as to right to change by amendment a libel in rem to libel in personam. as to illegal partnership, particular case. Part., § 206. as to existence of partnership by participation in profits. Part., § 7. as to equitable rights of surviving partner in realty. Part., § 68. as to distinction between dormant and open partners. Part., § 118. Pl., § 2093. as to equity of innocent partner where trust money is misappropriated. Part., § 141. as to right of partnership creditors. Part., § 255. as to resignation of officers. Offi., § 208. as to effect of appointment upon incumbent of office. Offi., § 239. AWARD. action on original demand cannot be maintained after. Offi., § 18. B. BAIL. special, liability of, not to be enlarged by intendment. Pl., § 1952. BAILIFFS. to United States marshal. Offi., §§ 274, 275. BANKRUPTCY. notarial acts in. N. P., §§ 19-26. rule in, for distributing assets of partnership and separate assets of partners. Part., effect upon dissolution of partnership. Part., § 275. receiver of property in sheriff's possession, right of assignee in. Part., § 375. BELIEF. See Answer in Equity. BILL IN EQUITY. See Pleading. to state whole case. Pl., § 1133, 1161. must allege necessary facts to construe language involved. Pl., §§ 1134, 1135, 1162. consideration, statement of, in bill for fraud. Pl., §§ 1137, 1138, 1164, 1165. bill charging shareholders of insolvent company. Pl., § 1139, 1166, 1167a. to show how each defendant is concerned as party. Pl., SS 1140. 1167. parties to suit to enjoin judgment. Pl.. § 1141, 1169, 1170, 1172. allegation of payment of note. Pl., §§ 1142, 1171, 1172. averment of citizenship in removed cause. Pl., § 1143, 1173. to dissolve partnership, treated as bill for partition. Pl., § 1144, 1174. multifariousness. Pl., § 1145–1148, 1152–1157, 1175–1180, 1186, 1191, 1305-1332, 1369. infringement of copyright. Pl., § 1160, 1193, 1195. of patent. Pl., § 1188. allegation as to title. Pl., §§ 1194, 1204. certainty of averments. Pl., § 1198. statement of facts. Pl., §§ 1199-1203. citizenship of parties. Pl., §§ 1216-1225. fraud. Pl., §§ 1230-1239. patent suits. Pl., §§ 1240-1251. supplemental pleadings, special replication not allowed. Pl., §§ 1684, 1688. illustrative cases. Pl., § 1692-1709. motion to dismiss for laches in prosecution. Pl., §§ 1687, 1689. illustrative cases. PL., SS 1205-1215, 1252-1284. prayer. Pl., §§ 1285-1292, 1357. interrogatories. Pl., § 1293-1298. laches. Pl., § 1290-1304. cross-bill. Pl., §§ 1333-1344. BILL OF EXCEPTIONS. how to be drawn. Pl., § 1961. BILL OF EXCHANGE. when debt of drawer to acceptor is one. Paym., § 167. BONA FIDE PURCHASER. See Notice. BONDS. See Declaration; Official Bonds; Plea; Pleading; Postmaster; Principal and delivery by United States marshal. Offi., § 272. replevy by United States marshal. Offi., § 282. made to United States marshal, he is to collect. Offi., § 283. BOUNTIES. See Pensions and Bounties. BURDEN OF PROOF. See Evidence. CITIZENSHIP. See Answer in Equity; Bill in Equity; Declaration; Demurrer; Plea; Plead- in one state, and residence in another. Pl., § 895. COLLISION, See Pleadings in Admiralty. COMMERCIAL PAPER. See Notary Public; Notice; Partnership. COMPENSATION. See Mail; Postoffice Department, COMPOSITION. See Compromise. COMPROMISE. offer of; effect of. Paym., §§ 310, 311. by implication. Paym., § 312, 313. claim for negotiation; fraud. Paym., § 323. agreement to pay one creditor more than another. Paym., §§ 325–328. illustrative cases. Paym., CONFIRMATIONS. 307–309. of land titles, notice. Notice, § 34. CONFLICT OF LAWS. rights arising under foreign law; remedies governed by local laws. Pl., § 42. having power to create an office, may prescribe terms for holding. Offi., § 242. powers of, as to pensions. Pensi., 3-8. as to postoffices. Post., § 1-8, 9-14, 15, 16. cannot give original jurisdiction to supreme court. Offi., § 236. having imposed a penalty, may provide for its remission. Pen., § 207. members, privilege from arrest, etc. Priv., §§ 18, 19. CONSIDERATION. See Bill in Equity; Contract; Plea. indorsement of a bill imports. Pl., § 534. distinction between motive of giving a note and consideration therefor. Pl., § 549. CONSOLIDATION. of railroad companies, dissolves old and creates new. Pl., § 749. CONSTRUCTION. See Partnership; Words and Phrases. of statutes prescribing penalty, and also declaring misdemeanor, strictly construed. Pl., rules for construing statutes. Pl., § 441. penalties strictly construed. Pen., §§ 56, 57; Pl., § 430. of powers. Pow., § 14. CONSTRUCTIVE NOTICE. See Notice. CONTINUANCE. decision of motion for, not subject to review. Pl., § 2138. CONTRACT. See Mail; Official Bonds. non-performance of, when excused when caused by fault of other party. Pl., § 747. essential elements, when government is a party. Offi., § 15. giving creditor preference over others, void. Pl., § 1950. by United States marshal. Offi., § 268–270. right to, of public records. COPYRIGHT. See Bill in Equity. Pub. Rec., §§ 1-3. case, not trespass, is proper remedy for violation of. Pl., § 1195. CORPORATION. See Notice. consolidation of corporations dissolves old and creates new. Pl., § 749. character, etc., of not to be changed without consent of stockholders. Pl., § 748. COSTS. question as to allowance of. Pl., § 431. quo warranto, plaintiff may recover when defendant surrenders office. Offi., § 246. COUNTER-CLAIM. See Plea; Set-off. COUNTY OFFICERS. See Officers. COURTS. See Jurisdiction; Supreme Court. · powers, etc., as to attachment of persons, etc. Offi., §§ 260-264. CREDITORS. See Compromise; Partnership. CROSS-BILL. nature of, etc. Pl., §§ 1333-1344. CROSS-LIBEL. See Pleadings in Admiralty. CUSTOM. See Usage and Custom. D. DAMAGES. measure of, in actions against officers. Offi., §§ 101-103, DEATH. See Abatement; Partnership; Powers. DEBT. simple power, irrevocable during life of donor, extinguished by his death. Pow., § 6. See Declaration. object of action of. Pl., § 342. will lie for undetermined demand. Pl., § 343. and indebitatus assumpsit. Pl., § 344. is for recovery of sum due, not sum demanded. Pl., § 345. will lie for statutory penalty. Pl., § 346, 451. DECLARATION. See Evidence; Pleading; Pleadings in Admiralty; Profert and Oyer. 1. IN GENERAL. 2. CERTAINTY AND SUFFICIENCY OF. 3. ON WRITTEN INSTRUMENTS. 4. UNDER STATUTES. 1. IN GENERAL. variance between writ and declaration. Pl., §§ 1, 26, 54. venue necessary for every material fact. Pl., §§ 3, 28. venue in margin sufficient. Pl., §§ 4, 30, 31. illustration of good venue. Pl., $$ 5, 33, 34, 125. count in wrong form of action. Pl., $$ 6, 35, 36. proper joinder of count improperly framed. Pl., §§ 7, 36. averment of fact of partnership not always necessary. Pl., SS 8, 37. joinder of causes by plaintiff in two capacities. Pl., SS 11, 12, 40–42, want of formal conclusion. Pl., §§ 14, 44. averment of act by agent. Pl., §§ 15, 44a. allegations of time, quantity, value, etc. Pl., §§ 89-99. action on judgment; plaintiff as administrator. Pl., § 100. averment of administratorship; profert of letters. Pl., § 101. allegation of assignment. Pl., § 102, 103. husband and wife. Pl., §§ 104-106. state statutes need not be pleaded. Pl., §S 107-109. averment of title to note in suit. Pl., § 19, 51. suit on note; allegation of demand at place of payment not necessary. Pl., §§ 20. 52. for infringement of patent. Pl., §§ 22, 55. setting out instruinent declared on. Pl., §§ 23, 56, 57. sufficient form of profert. Pl., § 57. surplusage. Pl., §§ 16, 46, 113, 114. assumpsit on an agreement improperly sealed. Pl., §§ 17, 48. averment of citizenship at time of filing. Pl., §§ 18, 49. joinder of torts in one count. Pl., § 24, 58. informality in conclusion for damages. Pl., § 25, 59. sufficient allegation of plaintiff's official capacity as administrator. Pl., § 41. depending upon municipal charter, need not set out. Pl., §§ 13, 43. |