ATTORNEY AND CLIENT-Continued. Power of State to regulate admission is not affected by 14th amendment, 386. A contract of an attorney to pay any judgment which shall be finally rendered against his client in a certain case, in consideration that the latter will appeal it, and pay the former a stipulated fee, is void, 407. ̃ No appeal from St. Louis Court of Appeals to Supreme Court in disbarment proceedings, 468. AWARD. [See ARBITRATION AND AWARD.] BAILMENTS. Innkeeper; goods stolen from guest; contributory negligence, 175. What necessary to create relation of innkeeper and guest, 287. Liability of hotel keepers for property stolen from rooms of guests and boarders, 329. BANKRUPTCY. Attaching creditor may defend against proceeding that would defeat his attachment, 41. Right of U. S. marshal to seize property outside of his district under bankruptcy proceedings commenced within it, 81. A watch of small value, necessary in the business of a commercial man, allowed to a bankrupt, as a "necessary article. The words: "other articles and necessaries" and "wearing apparel" as used in the bankrupt law, construed. Re Steele, 86. Creditor of bankrupt cannot maintain action in Federal court against defendant residing in same State to recover property conveyed by bankrupt in fraud of creditors, 195. Bankrupt and insolvent laws distinguished, 204. Suit by assignee in State court, 215. BANKS AND BANKING. Under the provisions of the act of Congress (Rev. Stats. of the United States, § § 5136, 5137), a National Bank is not prohibited from taking a deed of trust on real estate as security for a cotemporaneous loan, or even if it were, the defense of ultra vires could not be taken advantage of by private parties, a judgment of ouster and dissolution being the proper punishment for such a violation of its charter. Union National Bk. v. Matthews, 131. The personal liability of a stockholder in a National Bank is not within the catagory of "bad or doubtful debts," which alone the court is authorized, by the 5234th section of the Revised Statutes, to order a receiver to "sell or compound," 444. Limitation of suits against stockholders in National Banks, 444. Bank liable for default of correspondent employed to collect promissory note, 96. A holds draft on B which he sends to his correspondent C for collection and credit. C at the time being insolvent sends it to D, his correspondent, for collection and credit, but before draft is paid C makes an assignment. D collects draft and holds proceeds. The assignee treats A as creditor and D as debtor of C to amount of draft. Who is liable to A, and are C, his assignee and D proper parties defendant in an action to recover the proceeds. Query, 287; answers, 348, 368. BOOK NOTICES-Continued. Benedict's Reports, vol. 8, 367. Berry, Missouri Appeal Reports, vol. 4, 307. Blatchford's Reports, vol. 14, 367. Bliss on Code Pleading, 219 Bradwell's Reports, Illinois Appellate, 100. Brown's Life of Rufus Choate, 220. Choate, Rufus, Life of, Brown, 220. Code Pleading, Bliss on, 219. Cooley on Torts, 179 Copyright, Drone on, 159. Corportions, Digest Law of, Abbott, 267. Criminal Law of Indiana, Reinhard, 327. Massachusetts, Heard, 140. 44 44 46 66 66 66 66 46 Blatchford's, vol. 14, 367. Digest American, Thompson, 507. English, 507. Illinois Appellate, Vol. 1, Bradwell, 100. Missouri Appeal, Vol. 4, Berry, 307. 66 Vol. 66, Skinker, 100, Vol. 67, 507. New Jersey Equity, Stewart, Vol. 3, 507. Texas, Vol. 49, 346. Roscher's Political Economy, 140. Runnell's Iowa Repcrts, 407 Schouler's Story on Bailments, 40. Shipping and Admiralty, Desty, 328. Skinker's Missouri Reports, vol 66, 100; vol. 67, 507. Smith's New Hampshire Decisions, 347. Southern Law Review, 220. Southern Quarterly Review, 240. Spear on Extradition, 239. Stewart's New Jersey Reports vol. 3, 507. Story on Bailments, Schouler, 40. 66 Promissory Notes, Thorndike, 40. Terrell and Walker's Texas Reports, Vol. 49, 346. Texas Reports, Vol. 49, Terrell and Walker, 346. Thompson, Digest American Reports, 507. on Stockholders, 387. Thorndike's, Story on Promissory Notes, 40. Torts, Cooley on, 179. Weeks on Attorneys at Law, 80. BOOK NOTICES-Continued. Westminster Review, The, 220. Williams' Massachusetts Citations, 59. BREACH OF PROMISE OF MARRIAGE. [See MARRIAGE.] BROKER. [See AGENCY.] BUILDING ASSOCIATION. [See CORPORATIONS.] BURGLARY. Force necessary to burst open an unfastened transom sufficient to constitute a "forcible" breaking, 156. CARRIERS. [See COMMON CARRIERS.] "CASE MADE." [See APPEALS AND APPELLATE PROCEDURE.] CHAMPERTY. [See ATTORNEY AND CLIENT.] CHANCERY. [See JURISDICTION.] CHANCERY PRACTICE. [See PLEADING AND PRACTICE.] CHARITABLE BEQUESTS. [See WILLS.] CHARITABLE TRUSTS. [See TRUSTS AND TRUSTEES; WILLS.] CHATTEL MORTGAGE. [See MORTGAGE.] CHECK. [See NEGOTIABLE AND ASSIGNABLE PAPER.] "CIVIL DAMAGE" LAWS. Ohio "civil damage law," constitutional, 156,. That part of liquor was sold on Sunday, no ground for exemplary damages, 156. CODES. [See LAW REFORM.] COMMON CARRIERS. [See also NEGLIGENCE.] Not responsible for loss of perishable property, when, 78. Liability of express company for fault of railroad over which it carries, 78. Striking of vessel on rock not known to master, the "act of God," 204. Person receiving goods for transportation but having no interest or control in vessel, not a common carrier, 204. Unskillfulness of the pilot not a "peril of the sea," 204. Limiting liability by contract, 204. The Contracts of Common Carriers in Illinois. Leading article, 291. From the fact alone of the acceptance of a bill of lading, the assent of the shipper to its terms and conditions can not be inferred. Erie, etc., Trans. Co. v. Dater, 293. Shippers can not be held to have assented to the contract expressed fn the bill of lading from their receipt of many similar bills without objection. Ibid. Liability of, for safe carriage beyond their own route, 366. Who bound by special contract with, 367. Can not limit liability by printed conditions on back of receipt, 367. A common carrier by railroad, who delivers goods entrusted to him for carriage without production of the bill of lading describing the goods, is liable in trover for their value to a bona fide holder of such bill, taken for value, before the delivery of the goods at their destination, 369. Conditions in a season ticket on railroad are construed strictly, 423. Not liable for failure to deliver, caused by strikers, 505 COMPOSITION. Composition with Creditors. Leading article, 350. CONDITIONAL SALES. [See SALES.] CONDITIONS. [See DEEDS; LANDLORD AND TENANT.] CONDUCT OF TRIAL. [See PLEADING AND PRACTICE.] CONFESSIONS. [See CRIMINAL EVIDENCE.] CONFLICT OF LAWS. H sold to J certain goods. The sale took place in Rhode Island, and the contract was valid there. The delivery was to take place in New York, and the contract was invalid by the statute of frauds of that State. In assumpsit brought by H against J for breach of his contract: Held, that H was entitled to recover, 465. A contract made in another State (Maine) by a married woman residing here (Massachusetts), which contract a married woman is allowed by the laws of Maine to make, but is not, under the laws of Massachusetts, capable of making, will sustain an action against her in the courts of Massachussetts, although the contract was made by letter sent from her in Massachusetts to the other party in Maine. Milliken v. Pratt, 500. CONFUSION OF PROPERTY. [See FRAUD.] CONSTITUTIONAL LAW. [See also TAXATION.] Legislature has no power to suspend operation of general law in favor of an individual, 23. Statute directing a certain deposition to be read on the trial of a case, unconstitutional, 23. The State of Tennessee having organized in 1838 the bank of Tennessee, agreed by a clause in the charter to receive all its issues of circulating notes in payment of taxes, but by a constitutional amendment of 1865, it declared the issues of the bank during the insurrectionary period void, and forbid their receipt for taxes: Held, that this was forbidden by the constitutional provision against impairing the obligation of contracts. Keith v. Clark, 31. United States statute punishing bigamy in the Territories constitutional, 75. Ohio "civil damage" law constitutional, 156. Statute allowing occupation of real estate by railroad before ascertainment of compensation, valid, 176. State can not make statutes of limitation applicable to the United States, 181. Iowa statute establishing courts by popular vote constitutional, 198. Patent Rights and State Rights. Articles by Wm. Ritchie, Esq., 242, 270. Under bill of rights and the law of the land, a criminal on trial has a right not only to be defended by counsel, but to insist that such counsel shall have reasonable time in which to discuss the law and the facts. The limitation of five minutes to counsel for defendant on trial for larceny is unreasonably short. White v. People, 273, and see 424. Death by shooting not a "cruel and unusual" punishment, 290. By the laws of Indiana previous to 1875, the wife had an inchoate right to one-third of her husband's estate, which became consummate in the event she survived her husband. In 1875, the legislature enacted a law providing that in all cases of judicial sales of real estates, in which the wife has such inchoate right (and which was not directed by the judgment to be sold or barred), the same should become absolute in her, and she should have a right to the immediate possession and partition of the real estate. Held, that the act was not open to the objection of impairing the obligation of contracts, when applied to contracts made before the taking effect of the law. Taylor v. Stockwell, 337. Legislative act awarding a new trial void, 370. Power of legislature to legalize void acts; suit pending in court, 386. Power of State to regulate admission of attorneys not affected by the 14th amendment, 386. Constitutional provision allowing assemblies of the people the guarantee of an inherent right with which the State can not interfere, 391. Legislature can not legalize an act vold for want of jurisdiction, 413. Retroactive Effect of Statutes Abolishing Usury Laws. Article by W. P. Wade, Esq., 430. Legislature can not create a liability for acts as to which there was no liability when they were committed, but where a remedy exists, legislature may change it,as well as to acts theretofore as those thereafter done, 484. CONSTRUCTION. [See INTERPRETATION.] CONTINUANCE. [See CRIMINAL LAW AND PROCEDURE; PLEADING AND PRACTICE.] CONTRACTS. [See also NEGOTIABLE and ASSIGNABLE PAPER.] Construction of an agreement to make an agreement, 41. Where a debt already exists from one person to another, a promise by a third person to pay such debt, being pri marily for the benefit of the original debtor, and to relieve him from liability to pay it (there being no novation), he has a right action against the promisor for his own indemnity, and the original creditor cannot sue. Second National Bank v. Grand Lodge, F. & A. Mason's, with note by John A. Finch, Esq., 71. Where an association agreed with another association, in consideration of the performance of certain acts of the latter to pay certain bonds issued by the latter: Held, that the bondholders had no right of action to enforce such agreement against the first named asso. ciation, especially when they could not perform the stipulated acts. Ibid. A contract ior the sale and purchase of personal property which the vendor expects to buy hereafter is good if an actual transfer of property is intended; aliter if the parties contemplate that, at the time fixed for delivery, the purchaser shall merely receive or pay the difference between the contract and the market price. Gregory v. Wendell, 115. "The form of the contract is not conclusive on its face; it is for the jury to determine, whether an actual bona fide sale, or a mere scheme to gamble upon prices, was in tended. Ibid. If the agreement contemplated the actual purchase and delivery of grain, and such a purchase was in fact made, then a margin paid to cover any loss which the party agreeing to deliver might suffer or become responsible for on account of a decline in the price or value of the grain purchased, can not, to the extent of such loss, be recovered back. Ibid. If the intention was merely to make a settlement of the difference between the contract and the market price, such agreement being void as against public policy, and both parties being equally in the wrong, the law would assist neither, and the amount paid over as a margin could not be recovered back. Ibid. If one party acting in good faith, authorizes another to purchase grain for him, actually deliverable at a future day, and the other party, without being induced into any misunderstanding, makes no purchase, relying upon the theory that the difference in price only should be paid, then the first party upon discovering the facts can repudiate the contract and recover back the amount advanced. Ibid. Subscription to church made on Sunday void, 158. Contract to sell cattle valid though made on Sunday, 157. Plaintiff agreed to work for defendant a certain time and to spin yarn at a certain price; he afterwards left the service and brought action for the quantity he had done: Held, that the contract was entire and he could recover nothing, 203. Agreement of a private person not to prosecute another for crime, illegal and void; but money voluntarily paid in consideration of such an agreement can not be recov. ered, 286. An agreement by a friend of a candidate to pay the clerk of a court his fees for issuing naturalization papers to persons to be naturalized, for the purpose of advancing the interest of the candidate, is against public policy and void. Womack v. Loran, 332. If A obtains money from B as for the purpose of paying it for B, to X, upon their agreement with X, and does not so pay it, but converts it to his own use, he cannot retain it, as against B, on the ground that the contract with X was illegal, 345. Though a contract be illegal, a settlement and adjustment of the profits or losses resulting from it is not so, 347. Performance of prior contract which party was under obligation to perform, not a sufficient consideration for another contract, 405. Not in general restraint of trade, but simply in restraint of it as to particular places or persons, and for a limited time, valid, and the beneficial interest in them may be assigned, 407. CONVERSION. Wrongful destruction of goods by one not the owner is a, 119. Permitting ice to melt by opening doors of an adjoining room a, 119. In action for, evidence of subsequent restoration inadmiss. ible, 234. COPYRIGHT. The Encyclopedia Britannica, and the American reprint, 428. CORPORATIONS. Corporation bound by lease executed by committee, 20. CORPORATIONS-Continued. Corporation cannot maintain assumpsit upon agreement to take shares, 23. Contract; syndicate; sale to company; concealment; directors receiving qualifications from promoters; right to relief, 37. Irregularities in adopting by-laws or electing officers will not relieve stockholder from his subscription, 38. Neither will fact that corporation, created for one purpose is spending its money for another. Ibid. Liability of officers of company for fraudulent transfer of shares, 74. Paid-up Shares. Leading article, 142, 269. A building and loan association, under the laws of Ohio cannot refuse to loan its funds to its members; nor to establish such rules and regulations or so conduct its business, as to prevent the loan of its funds to a mem. ber who bids the highest premium therefor, nor borrow money for the purpose of lending it; nor divide nor distribute its funds among its members in advance of the distribution at the winding up of the corporation; nor traffic in shares of its own stock, 135. But it may compromise with a member and release him from obligation on account of either loan or subscrip tion. Ibid. Where corporation has abused its powers, but not in such manner as is declared by statute shall forfeit its charter, judgment of ouster is in discretion of the court, 135. Notice to directors of corporation, not notice to corporation, 181. Who are Chargeable as Stockholders? Leading article, 182. Subscription to capital stock; contract, 199. Possession by officer of company, not possession by company, when, 218. Promise to stockholders to pay debts of corporation; measure of damages, 218. Stockholder estopped by acquiescence, 266. When certificate of stock is issued to wrong party, equity will compel issue of another to the proper party, 284. Foreign insurance companies not having chief office in Missouri, cannot be served with process upon local agents, 304. Effect of consolidation of corporations, 343. That foreign corporation has not complied with statutory provisions as to its power to do business in the State, does not render a note or mortgage taken by the agent of such corporation void. But if suit is brought on such note, such fact may be pleaded in abatement of the action, 386. A corporation created in the District of Columbia is a "foreign corporation," 386. Court of equity the proper tribunal to ascertain proportion of indebtedness which should be charged to stock. holder on his personal liability. Mills v. Scott, 392. Charter of corporation subject to subsequent legislation, 404. Assessment on subscription may be enforced when, 404. A director improperly excluded from meetings by his codirectors, has an individual right of action against them for injury caused to him by such exclusion, 403. No right to use name of company as plaintiff in suit against vote of majority of stockholders, 423. A stockholder ejected from a corporation without notice will be restored by mandamus, 471. Unfair election of directors will be annulled by the court, 504. COSTS. [See PLEADING AND PRACTICE.] COUNTERCLAIM. [See PLEADING AND PRACTICE.] COUNTERFEITING. A genuine soverign filed down so as to reduce its weight, and then re-melted is a "counterfeit sovereign," 369. COUPONS. [See NEGOTIABLE AND ASSIGNABLE PAPER.] COVENANTS. [See DEEDS; LANDLORD AND TENANT.] CRIMES. [See the various special titles.] CRIMINAL CONVERSATION.] [See HUSBAND AND WIFE.] CRIMINAL EVIDENCE. [See also the various special titles.] Evidence of good character of defendant, how to be given, 57. CRIMINAL EVIDENCE-Continued. Improper to ask prisoner on cross-examination in relation to former conviction; only record admissible, 76. Evidence of what witness said on former trial admissible where he is kept away by procurement of prisoner, 75. Evidence to sustain conviction for shooting at another by which life is endangered, 198. When confessions admissible, 385, The credibility of prisoner where witness for himself, is for the jury, 425. CRIMINAL LAW AND PROCEDURE. [See also the various special titles.] A person may be indicted for an assault committed in view of the court, though previously fined for the contempt, the same act constituting two offences, one against the court and one against the public peace; therefore, the plea of autrefois convict is not available, 23. Special instructions given to the jury in writing after argument, not required to be taken to jury room where principal charge not required to be in writing, 58. No ground for reversal of judgment, that motion for new trial was made in absence of prisoner, 58. Person not summoned on jury, falsely personating one who was summoned and sitting on the jury, and joining in verdict of guilty, new trial will be granted, 58. Absence of prisoner during portion of argument on trial, not ground for setting aside verdict, 57. Jury not permitted to impeach verdict, 57. Jury, without leave of court, not allowed, after case is closed, to review ground where offense was committed, or to test credibility of witnesses, 57. Decision of trial court as to whether juror has expressed opinion, not to be set aside by appellate court unless clearly wrong, 75. If juror is challenged for cause, and challenge sustained, judgment will not be reversed if it appears that although the challenge was not good for cause, it was for favor, 75. The plea of autrefois acquit, 102. Requisites of averment in indictment of written instrument, 118. If record fails to show arraignment of defendant, judgment will be reversed, 198. A juror will not be allowed to impeach his verdict, on the ground that he would not have found the defendant guilty if he had known that the punishment fixed by faw for the crime charged was death. The nature of the punishment has nothing to do with the guilt or innocense of the defendant. State v. Shock, 107. Complaint dismissed without trial; plea of autrefois acquit not good, 234. Ex officio information by city attorney must be made in person, 304. Indictment may be prepared on printed form, 348. Agreement by district attorney not to prosecute accom. plices who have testified against their co-conspirators not binding, 384. Effect of omission to make formal entry of refusal to plead, 405. Writs of error and certiora i in capital cases in Pennsylvania, 406. Power of courts to limit time of counsel for argument of case, 273, 424. Requisites of affidavit for continuance, 425. When sentence may be pronounced on prisoner in his absence, 449. The employment of associate counsel in criminal prosecutions rests in the discretion of the court and district attorney. State v. Fitzgerald, 460. No power exists to discharge a jury without the consent of the prisoner, except in cases of absolute necessity, 471. A writ of error will lie, at the instance of the State, in a criminal prosecution, 471. "Della," and "Dellia," not idem sonans, 505. Defendant receives a decoy package by express believing it to be the fruits of a crime. Does the same presumption follow as if it were really the fruits of a crime. Query, 240; answer, 308. CUSTOM. [See USAGE.] DAMAGES. [See also "CIVIL DAMAGE" LAWS; NEGLIGENCE.] Measure of recovery against occupying claimant of land whose title has been adjudged invalid, 38. Measure of, in case of defect in machinery constructed under special contract, 197. Measure of, in action for infringement of patent, 269. DAMAGES-Continued. Measure of, for building railroad track near residence, 283. A person prevented from completing a stipulated work, need not wait until expiration of time for its completion, but may sue at once on the contract, for damages sustained by its breach, 347. On breach of contract to manufacture article "as soon as possible," 365. For breach of contract to furnish a man during his life, a railway pass for himself and family, 366. Damages in actions for personal injuries; a verdict for £7,000, 488. EJECTMENT. Actual adverse possession of one of several tracts of land conveyed by same deed not sufficient to bar title of true owner of the tract of which no part is actually possessed by claimant; actual possession of vacant unenclosed lands, 37. Adverse possession for statutory period creates title, 76. No presumption of continuance of disseisin against true owner, 76 Possession under mistake of title, with claim of right adverse to true owner, 157. Ejectment among tenants in common; allowance for im. provements, 218. An action by defendant in an enjectment suit against whom a judgment for possession has been rendered, for compensation for improvements made in good faith on land prior to the action of ejectment, must be brought in the court in which such judgment was rendered, and before eviction from the premises. Stretch v. Malone, 313. The statute does not authorize in such actions an absolute judgment for a pecuniary recovery to be rendered in favor of the occupant claimant. Ibid. ELECTIONS. When court should reject election returns, 38. Action will not lie against moderator of town meeting for rejecting vote of qualified elector unless malicious, 371. Construction of town statute as to illegal ballots, 405. Where a candidate for the office of probate judge, in order to secure his election, pledges himself, if elected, to perform the duties of such office for a sum less than onehalf of the fees allowed by law, and voters are thereby induced to vote for such candidate and he thus receives a majority of the votes cast for such an office at such election: Held, that the election of such officer, secured by these means, is invalid as against public policy. State v. Collier, 495. EMINENT DOMAIN. Assessment of damages sustained by land owner through establishment of road across his land, 158. Constitutionality of statute allowing occupation before ascertainment of compensation, 176. Cross petition to be filled by defendant in claiming damages to contiguous property; character of cross-petition as a pleading, 197. EQUITABLE ASSIGNMENT. [See ASSIGNMENT.] EQUITY. [See JURISDICTION.] EQUITY PRACTICE. [See PLEADING AND PRACTICE.] ESTOPPEL. County not estopped by void acts of its officers, 28. Purchaser from one who holds but an undivided interest in patented lands, and who enters as a stranger to the claims of the co-tenants of the other undivided interests, is not estopped from setting it up against an adverse claim which originated before his purchase-e. g., a tax title originating from his grantor's default, 218. No estoppel against purchasing tax titles except against one whose duty it is to pay the tax or remove the burden, 219. EVICTION. [See LANDLORD AND TENANT.] EVIDENCE. [As to evidence in criminal cases see CRIMINAL EVIDENCE.] Declarations. On issue denying partnership, declarations of one charg ed with being a partner competent against him; but such declarations made when other alleged partner is not present, incompetent to charge the absent party with that relation, 58. Of wife that she had obtained divorce, admissible in suit by husband, 136. In action on bond, declarations of principal after breach not admissible against surety, 234. In suit to set aside will, evidence of declarations of testator as to undue influence admissible, 437. In action by wife for loss of society of husband, the declarations of the husband, made in the absence of the defendant, as to the cause of abandoning or putting his wife away, are inadmissible. Westlake v. Westlake, 473. EVIDENCE-Continued. Experts, See Opinion Evidence. A railroad fireman is not as a matter of law incompetent to manage and run a locomotive engine, 12. Where there is only a scintilla of evidence on any essential fact, the case should be taken from the jury. Conely v. McDonald, 229. Where the evidence has a legal tendency to make out a proper case in all its parts, its weight and sufficiency, however slight, is a question for the jury. Ibid. Where a jury's finding of an essential fact is wholly unsupported by evidence, it is erroneous as matter of law, but where it is supported by any evidence, however slight, it is a finding of fact, and can not be reviewed on writ of error. Ibid. A judge may charge upon the legal effect of a document in a foreign language, 347. Construction of written contract for the court, 386. Miscellaneous Rulings. That one to whom a bill for services is presented, denies absolutely his liability but does not object to the rate of compensation named therein, is no evidence of the value of such services, 79. Pleadings as evidence, 99. An admission made at the first trial, if reduced to writing, or incorporated into a record of the case, will be binding at another trial, 287. The value and weight of depositions as evidence, 386. When offer by party to pending controversy not evidence against him, 387, Admissions by a party to pending controversy before arbitrators, admissible, 387. Weight of evidence of witnesses as to sounding of whistle at railroad crossing, 506. Opinion Evidence. Opinion of witness as to the amount of damages which land owner sustains by reason of establishment of a public road across his land, not admissible, 158. Interrogatories must not be so framed as to allow the deponent to express opinions based on hearsay. Conely v. McDonald, 229. Witness may state whether or not in his opinion, a person was intoxicated, and is not confined to a statement of the conduct and demeanor of the party, 407. In proceedings to obtain compensation for land taken for a public use, witnesses will not be allowed to give their opinion as to the amount of damages suffered, 465. A farmer, may, as an expert, give his estimate of the value of farm land really so condemned, but his opinion generally of the value of such realty is inadmissible, 465. Opinion of experts in handwriting evidence of a low degree, 508. Upon the question of the proper construction of cars, the advantages and disadvantages of a particular construction and the effect of such construction upon the safety with which the cars can be coupled and handled, the testimony of experts is competent. Baldwin v. Chicago, &c. R. Co., 497. Parol to Vary or Show Contents of Writing. County treasurer's record cannot be proved by parol, 38. Modern Innovations upon the Rules of Evidence. I. The Introduction of Contemporary Parol Evidence to Vary or Discharge the Conditions in a Written Contract. II, III. The further discussion of the subject, By Hon. Asa Iglehart, 162, 222, 310. Bill of exchange; conversation between indorser in blank and payee not admissible to explain it, 176. Parol proof not admissible to sustain record of proceedings of city council, 237. Resolution of appointment by corporation; parol evidence to modify written agreement, 324. Parol evidence not admissible to explain ambiguous subscription of "20 acres of land" to church, 447. On the hearing of a motion to vacate or modify a judg ment or order, on the ground that it was entered by mistake, parol evidence is admissible, 505. Presumption. In favor of the proper execution of official acts, 1. Of death from absence for seven years, 55; for fourteen years, 372. No presumption of continuance of disseisin against true owner, 76. From fact of fire alone, no presumption of negligence arises, 236. That officer acts within his jurisdiction; certificate of acknowledgment, 484. Records. Records of a person employed by the United States Signal Service admissible in evidence, in absence of statute authorizing their admission, 422. |