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ACCEPTANCE.

Offer, see CONTRACTS.

ACCESSION AND CONFUSION. Trust property, effect of mingling of, with individual property of trustee, see TRUSTS.

ACCIDENT INSURANCE.

See INSURANCE.

ACCORD AND SATISFACTION.

Generally.
Presumption as to effect of, see EVIDENCE.
Principal and agent, considering existence
of relation of, between parties, in de-
termining whether transaction effect-
ed an accord and satisfaction.
904.

47

Retaining check tendered as in full
payment.
Co-operative marketing association, cash-

ing without objection check sent by,
to member, in final settlement for
year. 47-904.

Principal and agent, existence of relation
of, between one sending check and
one cashing it as affecting rule, 47-
904.

The dash in each citation stands for A.L.R.
1571

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Injunction against, see INJUNCTION.

Injunction suit, see INJUNCTION.

Judgment, see JUDGMENT. Jurisdiction of courts, see APPEAL AND ERROR; COURTS; EQUITY; INJUNC TION; MANDAMUS; SPECIFIC PERFORMANCE.

Limitation of time for, see LIMITATION OF ACTIONS.

Mandamus, see MANDAMUS.

Mortgage foreclosure, see MORTGAGE.
Negotiable instruments, actions on, see
BILLS AND NOTES.

Parties, see PARTIES.
Pleading, see PLEADING.
Process, see WRIT AND PROCESS.
State, actions by or against, see STATES.
Trial of, see TRIAL.

Trover, see TROVER AND CONVERSION.
Trustee, actions by or against, see TRUSTS.
United States, actions by or against, see
UNITED STATES.

Venue, see VENUE.

Witnesses, see WITNESSES.

Defenses.

Assault, defense to liability for, see AsSAULT AND BATTERY.

Breach of promise, defenses to action for, see BREACH OF PROMISE. Contracts, defenses in actions on, generally, see CONTRACTS.

Conversion, defense to liability for, see TROVER AND CONVERSION.

Divorce suit, defenses in, see DIVORCE AND SEPARATION.

Limitation of actions as defense, see LIMITATION OF ACTIONS.

Mortgage, defenses to liability of gran. tee assuming mortgage debt. 47345.

Usury as defense, see USURY. Workmen's compensation cases, see WORKMEN'S COMPENSATION.

— violation of law or wrongful act by plaintiff.

Automobile, violation of ordinance by workman in highway injured by, as defense to liability for injury. 47–

810.

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- at law or in equity. Incorporeal rights, remedy against interfering with, as in equity. 47

549.

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

Splitting; successive suits.
General rule that claimant is not permit-
ted to split single cause of action.
47-529.

- for injuries to person, and to prop-
erty.
Automobile owner's right to recover for

personal injury growing out of ac-
cident as barred by insurer's recovery
against wrongdoer for injury to auto-
mobile. 47-529.

Insurer's right of subrogation against
tort-feasor as affecting application
of rule against splitting cause of
action. 47-536 (case p. 529).
Right to split cause of action for injuries

to property and person suffered by
one person from single tort denied.
47-529.

Joinder.

Parties plaintiff, joinder of, see PARTIES.

ADJOURNMENT.

Judicial proceeding, see CONTINUANCE
AND ADJOURNMENT.

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ADMINISTRATORS.

See EXECUTORS AND ADMINISTRATORS.

AMENDMENT.

Pleading, see PLEADING.
Statute, see STATUTES.

ADVERSE POSSESSION.

Of highway or portion thereof.
Areas in highway, prescriptive right to
maintain. 47-667.

Awnings overhanging highway, prescrip-
tive right to maintain. 47-667.
Building material in highway, prescrip-
tive right to maintain. 47-667.
Porches encroaching on highway, pre-
scriptive right to maintain. 47–667.
Signs over highway, prescriptive right to
maintain. 47-667.

Stepping-stones, prescriptive right to
maintain. 47-667.

Steps in highway, prescriptive right to
maintain. 47-667.

Vaults under highway, prescriptive right
to maintain. 47-667.

Windows overhanging highway, prescrip-
tive right to maintain.

47-667.

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ADVERTISING.

Public service commission's power as to,
see PUBLIC SERVICE COMMISSIONS.
Public utilities, advertising through
medium of, as subject to public reg-
ulation. 47-815 (case p. 811).

See HUSBAND AND WIFE.

ANTICIPATED INJURY.

Injunction against anticipated nuisances,
see NUISANCES.

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

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Loss or waiver of right to appeal by
accepting benefits.
Mortgage, estoppel of one securing fore-

closure against some of several de-
fendants to prosecute appeal dismiss-
ing suit as to other defendants, by
proceeding with the foreclosure. 47-
332.

Necessity of raising questions below;
new theories.

Form of action, necessity that case re-
main on law side of court. 47-549.
Succession tax, change of theory on which
inclusion of proceeds of insurance
carried by corporation on life of its
president is sought in estimating
value of shares of corporate stock
for purpose of.
47-522.

— competency of jurors.

Refusal to inquire into qualifications of
jurors not objected to in lower court.
47-590.

Raising question by motion or other
mode; necessity of final ruling.
Motion to dismiss ejectment suit as suffi-
cient to raise point that incorporeal
hereditament cannot be recovered in
ejectment. 47-549.

Hearing and argument.

Second oral argument, when granted. 47-
1108.

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-as to instructions.
Automobile, error in instruction in action
for injury by collision with, that vio-
lation of ordinance forbidding col-
lision would constitute negligence, as
cured by other instructions. 47-252.
Presumption of innocence, cure of failure
to charge as to, by instruction that
charge of crime against person is no
evidence of guilt and is not to preju-
dice him. 47-962.

Review of verdict.
Sufficiency of evidence generally. 47-
171, 590.

Verdict contrary to evidence. 47-171.

as to damages.

Instances of excessive

amounts, see DAMAGES.

or insufficient

Refusal to disturb excessive verdict un-
less excess indicates bias or preju-
dice. 47-289.

Review of findings of court.
Co-operative marketing association, ques-

tion of unreasonable delay by, in ac-
counting to grower for crop. 47-904.
Divorce suit, conclusiveness of finding as
to residence of plaintiff. 47-569.

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

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-instructions.

Abstract propositions of law, misleading
effect of instructions containing. 47-
800.

Applicability to issues and evidence. 47-
800.

Bridge company, instruction in action
against, for injury by collision of au-
tomobile with guard rail not properly
lighted. 47-347.

Considering instructions as a whole in de-
termining their correctness. 47-252.
False imprisonment by servant, instruc-

tions as to master's liability for puni-
tive damages. 47-308.

argument or conduct of counsel.
Bank president's trial for larceny of note
left in bank for safe-keeping, prose-
cuting attorney's reference to failure
of bank. 47-783.

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Workmen's compensation, basis for com-
puting award for death of one sum-
moned by sheriff to assist in making,
see WORKMEN'S COMPENSATION.

Sufficiency and validity of warrant.
See CRIMINAL LAW.

Disclosing authority.

Duty of one making arrest to produce
warrant and to disclose authority.
47-1084.

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

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