INDEX TO NOTES.

ACCOUNT STATED.

Nature and essential elements of, persons bound by, the man.
ner of pleading it as a defense in equity, and the admissi-
bility and effect of evidence offered to establish it. Kusterer
Brewing Co. v. Friar, 191.

AFFIDAVIT.

Of amount due on an open account or an account stated.
Morrill v. Bissell, 411.

APPEAL.

1. Special appeal from justice's judgment. Stevens v. Harris,

230.

2. Appeal from justice's court, where a party has been pre-
vented from taking the same within the statutory time by
circumstances not under his control. Combs v. Circuit
Judge, 234.

ASSIGNMENT.

Of chose in action. Necessity and
in a suit by the assignee thereon.

BILLS AND NOTES.

sufficiency of averment of
Morrill v. Bissell, 410, 411.

Liability of a married woman on her promissory notes. O'Don-
nell v. Bray, 534.

CHOSE IN ACTION.

Necessity and sufficiency of averment of assignment of in suit
by the assignee thereon. Morrill v. Bissell, 410.

CORPORATIONS.

1. Garnishment of creditor of foreign corporation. Williams
v. International Grain & Stock Board, 80.

CORPORATIONS-Continued.

2. Competency of present or ex-officer of to testify in a suit
prosecuted or defended by the heirs, etc., of a deceased per-
son to matters which, if true, must have been equally
within the knowledge of the decedent. Krause v. Assurance
Society, 461.

8. Competency of "opposite party" in a suit or proceeding
prosecuted or defended by a corporation to testify to mat-
ters which, if true, must have been equally within the
knowledge of a deceased officer of the corporation. Id. 462.
See RELIGIOUS SOCIETIES.

CRIMINAL LAW.

1. Examination of respondent before pronouncing sentence
upon his plea of guilty. People v. Luby, 89.

2. Treatment of witnesses and their testimony by the pros-
ecuting attorney on the trial and in his argument to the
jury. People v. Margeson, 146.

ESTOPPEL.

1. Of debtor to object to the failure of the assignee to aver
the assignment of a chose in action in a suit by him thereon.
Morrill v. Bissell, 411.

2. To question the title acquired by a tax deed in a suit involv-
ing that question. Jennings v. Dockham, 254.

EVIDENCE.

1. Affidavit of amount due on an open account or an account
stated in a suit thereon. Morrill v. Bissell, 411.

2. Of present or ex-officer of a corporation in a suit prosecuted
or defended by the heirs, assigns, devisees, legatees, or per-
sonal representatives of a deceased person against the cor-
poration in relation to matters which, if true, must have
been equally within the knowledge of the decedent. Krause
v. Assurance Society, 461.

3. Of opposite party in a suit or proceeding prosecuted or
defended by a corporation in relation to matters which, if
true, must have been equally within the knowledge of a
deceased officer of the corporation, and not within the knowl-
edge of any surviving officer or agent thereof. Id. 462.
4. Of title to enable a plaintiff to recover in an action of tres-

EVIDENCE-Continued.

pass for cutting and removing standing timber. Crawford
v. Corey, 415.

See ACCOUNt Stated; CRIMINAL LAW.

FIRE INSURANCE.

Vacancy clause in policy. Hill v. Insurance Co., 466.

FORECLOSURE OF TAX LIEN-See TAXES.

FOREIGN CORPORATIONS-See GARNISHMENT.

GARNISHMENT.

In aid of suit against a foreign corporation, under How. Stat.
§ 8087. Williams v. International Grain & Stock Board, 80.

Supplemental decree to enforce the payment of installments
of the mortgage debt maturing after the granting of the
original decree. Brand v. Smith, 396.

PARTNERSHIP.

Necessity of notice of the retirement of one partner in order
to relieve him from liability on firm notes executed after
such retirement. Morrill v. Bissell, 410.

PLEADING.

Necessity of averring the assignment of a chose in action in a
suit thereon by the assignee, the sufficiency of such aver-
ment, and the estoppel of the debtor to object on account
of the absence of such averment. Morrill v. Bissell, 410, 411.
See ACCOUNT STATED.

PROSECUTING ATTORNEY-See CRIMINAL LAW (2).

RELIGIOUS SOCIETIES.

Construction of general statute authorizing their incorporation.
Wilson v. Livingstone, 594.

SPECIAL APPEAL-See APPEAL (1).

SUPPLEMENTAL DECREE-See Mortgage.

TAXES.

1. Foreclosure of tax lien under tax law of 1889. Millard v.
Truax, 157.

2. Who may question the title. acquired by a tax deed in a
suit involving that question. Jennings v. Dockham, 254.

TITLE TO LAND-See TREPASSS.

TRESPASS.

Title necessary to be established to enable a plaintiff to recover
in an action of trespass for cutting and removing standing
timber. Crawford v. Corey, 415.

VACANCY CLAUSE-See FIRE INSURANCE.

INDEX.

Head-note references are to pages.

Cross-references are to subjects; and the number of the note is
added in parenthesis, unless the reference is to all.

ACCORD AND SATISFACTION.

A debtor, in paying a portion, only, of the debt, when he is
bound to pay the whole, furnishes no consideration for a
promise by the creditor to discharge him, and such payment
is treated in law as a payment pro tanto only. Leeson v.
Anderson, 247.

ACCOUNTING.

1. There is no necessity for an accounting by a director of a
corporation, who is charged with wrecking the corporation
by the improper use of a mortgage fraudulently procured to
be given to him by the directors of the corporation, if it
appears that he has no property whatever belonging to the
corporation. Keeney v. Converse, 316.

2. On an appeal from a decree on an accounting, the appel-
lant's objections only will be considered. Cutcheon v. Cor-.

bitt, 584.

3. The only instance in which this rule is departed from is
when a restating of the account requires that, because of
such different method of computation, an apparent error
should be corrected. Id.

See EQUITY JURISDICTION (1); FRAUDULENT CONVEYANCES.

ACCOUNT STATED.

Where, in a suit by a brewing company to recover the bal-