- at law or in equity.
Corporate directors' liability for money

misappropriated by officer, equitable
nature of action to enforce. 46-1156.

- contract or tort.
Inducing breach of contract, action for,
as in tort. 46-906.

Negligent performance of contract, ac-
tion for, as in tort. 46-338.

- joinder.

Parties, joinder of, see PARTIES.
-multifariousness.

Inconsistent alternatives growing out of
same transaction, statute relieving
from multifariousness bill seeking re-
lief upon. 46-1084.

Mortgage given by married woman to se-
cure husband's debt, bill seeking can-
celation of, or right to redeem from,
as within statute relieving from mul-
tifariousness. 46-1084.

ACT OF GOD.

Carrier's liability for loss of, or damage
to, goods by act of God where it has
negligently delayed transportation
or delivery. 46–302.

ADDITIONAL SERVITUDE.

See EMINENT DOMAIN.

ADMINISTRATION.

Decedent's estate, see EXECUTORS AND AÐ-
MINISTRATORS.

ADMINISTRATIVE OFFICERS.
Contract to influence, see CONTRACTS.

ADMIRALTY.

Judgment or decree.

Foreign country, conclusiveness as to
merits of judgment of admiralty
courts of. 46;442.

ADMISSIONS.

Demurrer, what admitted by, see PLEAD-

ING.

Estoppel by, see ESTOPPEL.

Generally.

ADVANCEMENTS.

Debtor and creditor, advancement as cre-
ating relation of. 46-1424.

Devise of entire estate without mention of
advancements. 46-1424.

Method of equalizing heir's advancement
with other heirs, right to complain
of. 46-1424.

Deducting or bringing into hotchpot.
Cash advancements to certain heirs, omis-
sion of, in equalizing distribution of
estate among heirs. 46-1424.
Liability for excess over distributive
share.

Recovery of excess of advancement over
distributable share in estate. 46-
1428 (case p. 1424).

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

-signing, settling.
Construction of order for filing which
calls only for "her bill of exceptions"
where three bills were signed. 46-

799.

Objections and exceptions.
Bill of exceptions, see ante.
Jury, question of sufficiency of evidence to
go to, as preserved by exception to
overruling of motion for directed ver-
dict. 46-245.

Necessity of raising question below.
New trial, consideration of grounds for,
not assigned in court below. 46-799.
Rules of decision in reviewing plead-
ings.

Demurrer to plea in abatement, accept-
ance as true of facts well pleaded.
46-563.

Rules of decision in reviewing evi-
dence.

Considering evidence as a whole. 46-186.

—in reviewing order on motion to di-
rect verdict, etc.

Considering aspect of evidence most fav-
orable to plaintiff on appeal from non-
suit or direction of verdict for defend-
ant. 46-466, 1447.

Corporate stock, questions open on appeal
from grant of nonsuit in suit to re-
cover subscription to, on ground of
fraud. 46-466.

Failure to stand on motion for nonsuit as
affecting appellate review of evidence.
46-906.

Presumptions.

Offer of evidence in contradiction of facts
agreed upon as shown by record, pre-
sumption as to. 46-1201.

Review of discretionary matters-new
trial.

Jurors' discussion or consideration of
personal experiences bearing on is-
sues in civil case, appellate review
of refusal of new trial because of.
46-1509.

Review of findings of court.
Affidavits, review of evidence consisting
of. 46-811.

Agency, finding that one causing personal
injury was agent of person sought to
be held liable. 46-838.

- as to

What errors warrant reversal
evidence.
Demurrage, rejection of evidence to show
period of time cars were interfered
with by carrier during "free time" for
unloading. 46-1151.

-as to instructions.

Bond of cashier, instruction that mere
permitting of overdraft would con-
stitute dishonest misapplication with-
in meaning of. 46-967.

Taxation to provide, as within constitu-
tional provisions prohibiting legisla-
ture from imposing taxes for county,
city, or corporate purposes, or pro-
viding that legislature may invest
power to levy such taxes in local
authorities. 46-723.

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

Regulations affecting auctions or auc-

tioneers. 46-157 (case p. 155).

Right to conduct auction. 46-155.

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