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VOL.

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NEGLIGENCE,

liability of attorney for .....
physician or surgeon's liability for..
degrees of
common carrier, liable for

negligence, a mixed question of law and fact.
New trial,

in misdemeanors
in other grades of crime

when granted .
Nuisance,

abatement of.....
what constitutes actionable nuisance...
must be some damage in fact.
nuisance must arise from agency of man.
injury to running water..
jurisdiction in cases of nuisance
who may abate private nuisance..
continuing nuisance
damages for nuisance..
prescription of nuisance
abatement of nuisance no bar of action for damages
nuisances indictable at common law
at common law nuisance is misdemeanor
instances of indictable nuisance

ii,

4
ii, 221
ii, 221
ii, 222
ii, 222
ii, 223
ii, 223
ii, 224
ii,

224
ii, 224, 461
ii, 334
ii, 461
ii, 461
ii, 461-467

0.

OATH,

form of.......
what constitutes a valid oath..

ii,
ii,

429
429

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P.
PARDON,

definition of......
pardoning power, where reposed in United States..
pardons prior to conviction .
void pardon...

pardon by President of United States
Partners,

jurisdiction of accounts between, in equity

attorneys as partners
Perils of the sea,

meaning of term in marine insurance .

ignorance or inattention of master not included in
Perjury,

definition of....
is a corrupt, willful, false oath
must be taken in a judicial proceeding
must relate to a material point
form of oath ...
of voluntary and incompetent witness.
tribunal administering oath
statute relating to perjury
subornation of perjury
perjury before grand jury.

VOL. II. — 103

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Physician,

implied contract of .
skill required ...
liability for negligence.

physician as expert...
Piracy,

what constitutes....
how punishable in United States ..

commands from superior does not justify
Pleading,

under Codes of Procedure...

under New York Code ....
Pleas,
plea of

guilty"
pleas to the jurisdiction.
plea of autrefois acquit

autrefois convict

once in jeopardy..
withdrawing plea of guilty.
plea of “not guilty".

nolo contendere

benefit of clergy.
Pledge,

distinction between pledge and mortgage.
title remains in pledgor.....
delivery necessary to constitute pledge

notice to redeem before sale of pledge..
Presumption,

of incapacity of infants to commit crime
of sanity......
every man presumed to know the law...

presumption of coercion by husband .
Price,

how fixed....
inadequacy of price, effect of
when sale may be set aside for

sound price a warranty of soundness
Principals,

what constitute, in second degree.....

distinction between, in first and second degree
Prison breach,

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what constitutes offense of'......
indictment lies for unsuccessful attempt at

accessory before or after fact...
Privileged communications,

classification of......

communication as to commission of crime, not privileged
Prohibition, what courts may issue writs of, in United States..
Property,

recaption of....

slander of title to.
Punishment,

of offenses not capital ....
how regulated in United States.
felonies, how punished ...
misdemeanors, how punished..
cruel and unusual, prohibited in United States

ii,
ii,
ii,

420
420
420

ii,
ii,
ii,

115
424
321

ii,
ii,

4
114

ii,
ii,
ii,
ii,
ii,

640
652
652
652
652

R.

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RAPE,

infant under fourteen years presumed incapable of committing

offense of, may be committed on common prostitute....
Replevin,

action of, modified by statute in United States.
when the action lies ...
concurrent with action of trover
substitutes for action of replevin
who may maintain action of .
against whom action lies...

damages in replevin.
Rescue,

offense of, how consummated...

attempt to rescue indictable
Retainer,

remedy by, does not exist in United States

retainer of attorney
Riot,

what constitutes the offense
Robbery,

what constitutes the offense ..
the taking must be from the person..

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S.
SALE,

distinction between sale and exchange
same rules of law apply to both.....
difference between sale and bailment..
ground for setting aside sale....
mistake may vitiate sale ..
effect of unconditional sale
within statute of frauds..

implied warranty of title on
Seduction,

husband may maintain action for seduction of wife....
when action lies for seduction of daughter...
when a mother may maintain the action..
guardian may sustain the action
action will lie for seduction of daughter over twenty-one years of age
grounds of the action for seduction

exemplary damages in action for
Self-defense,

what violence justifiable in.....

when life may be taken in
Sentence,

mode of....
amendment of.

suspension of
Slander,

definition of......
actionable words, statutory.
actionable words, per se
intent in slander.....
mitigating circumstances.
insanity or drunkenness...
words spoken in heat of passion
effect of retraction or explanation..

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Slander - Continued.

nature of explanation required ...
a charge, to be actionable, need not be direct
abusive and insulting words not actionable without special damages...
otherwise, by statute, in some of the States..
action for slander, transitory ...

will lie in one State for words spoken in another..
the truth may be given in defense ...
truth must be pleaded as a justification
slander of title to property......
pecuniary damage must be shown

wife cannot sue husband for slander
Specific performance,

jurisdiction as to, in equity.

what contracts enforced.
Stoppage in transitu,

right of, what is....
exercise of right, not a rescission of the contract
object of right, to protect vendor against insolvency of vendee
right exists only as between vendor and vendee....
termination of right.
right, how defeated..

applicable to bills of exchange..
Suicide,

offense of, not punishable in United States.....

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T.
TESTIMONY,

ii,
ii,
ii,
ii,
ii,

114
114
114
114
114
146
146

ii,

ii,

perpetuation of.....
Title,

slander of.......
of title to personal property

real property
action for slander of title..
what necessary to sustain
warranty of title on sale of goods.

when implied warranty of title arises
Treason,

petit treason not recognized in United States
definition of treason
punishment of ....
no accessories in treason
what acts amount to treason.

misprision of treason.
Trespass,

what necessary to sustain action of
owner of animals liable for trespass of..
trespass quare clausum..
who may trespass .
what constitutes trespass..

distinction between trespass and trespass on the case.
Trover,

conversion, the gist of the action ....
when the action may be maintained
demand and refusal, when necessary.
measure of damages in trover

ii, 383
ii, 384, 385
ii, 384, 385
ii, 385
ii, 390, 391
ii, 394

ii, 199
ii, 202
ii, 217
ii, 217
ii, 217, 218
ii, 243

ii,
ii,
ii,
ii,

201
201
201
202

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W.
WARRANTY,

warranty of title......
when the law implies a warranty of title....
no warranty implied as to quality of goods sold.
what constitutes a warranty....
implied warranty of soundness, from a sound price..

rule of damages in action for breach of warranty.
Waste,

against whom action for, will lie

remedies for waste...
Witnesses,

who are competent witnesses. .......
idiot, lunatic, or deaf and dumb person competent as such.
intoxicated person not competent...
upon what competency depends
atheist incompetent to testify
defendant competent as witness in his own behalf, by statute

622
622
622

ii,
ii,
ii,
ii,
ii,
ii,
ii,

623

husband and wife incompetent as witnesses for each other
Writ of error,

how regulated in United States..
when the writ lies......
lies only to courts of record...

622
622
622

ii,
ii,
ii,

642
642
642

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