None
285 Defect, 285 Agency, 287 Temperature, 285 As to admissions or conversations of another, 287 Existence of road, 288 Existence of street, 288 Age, 288 Cruelty, 288 1416 INDEX [references are to pages] CONCLUSIONS OF WITNESSES (Continued) WAT Insolvency, 288 Relating to personal injuries generally 288 Existence of oral contract, 288 Authority, 288 As to misrepresentations, 289 As to employment, 289 Indebtedness", 290 Fright of animals, 290 Result of calculation, 290 Value of time, 290 Profits, 290 Possession, 290 Sewerage conditions, 290 Consent to terms of contract, 290 Use of partnership funds, 290 Ability to act, 290 Condition of goods, 291 Pain and suffering, 291 Vision, 291 Hearing. 291 CONCLUSIVE EVIDENCE See former adjudication, 503 Former judgment. 738 to 740 CONCRETE Judicial notice, 755 CONDEMNATION PROCEEDINGS See eminent domain. 4S:; CONDITION OF MERCHANDISE Kxpert tcstifvino- as to, 521 CONDITIONAL ADMISSION OF EVIDENCE, 889 CONDONATION Defined, 450 Presumptions, 450 Specific acts, 450 Knowledge, 450 Subsequent conduct, 450 Cohabitation, 450 CONDUCT Absurdity of, 997 Destruction, suppression and fabrication of evidence, 437 Of prosecutrix in action for rape, 1059 Estoppel by conduct. 65 Admissions may be implied from Silence, 1214 Flight or alias, 550 Resisting arrest, 1147 Attempted suicide, 1291 Refusal to produce evidence. 1113 Of Avitness on trial, to show interest. 357, 358 Opinion as to, 521 Surprise, 765 Of passengers, 1139 CONDUCTOR ^ Admissions as res qcstcr, 1141 CONFEDERATES S(>e cons])iracv. 308 CONFESSION AND AVOIDANCE Burden of proof, 225 CONFESSIONS Definitions In general, 292 Implied, 292 Admissibility General' rule, 292 INDEX 1417 [references are to pages] CONFESSIONS (Continued) Wlion accusation denied, 1292 Province of court, 293 Copies. 293 In foreign lanp^uage, 293 Made to detectives, 293 Voluntary confession, 294 ^Yhole must be given, 294 Confession of facts, 294 When obtained by deceit, 294 When obtained by personal violence, 294 Coroner's inquest, 295 Before grand jury, 295 Admissions not amounting to confession, 296 Silence when accused. 1292 As to joint defendants, 296 Weight and sufficiency In general. 297 Partially discredited confession, 297 Uncorroborated confession. 297 To sustain conviction. 297 Verbal admissions, 297 Extra-judicial, 298 Implied confessions, 298 To establish corpus delicti, 298 Confessions of third persons, 298 CONFIDENCE GAME Pleading Indictment, 299 Bills of particulars, 299 Variance, 299 Admissibility of evidence Similar oflfenses, 299 Uncompleted attempt. 299 Former complaints, 299 Reliance upon statements. 300 Fictitious letters and telegrams, 300 Opinion. 300 Contract legally binding, 300 Weight and sufficiency Sale of stock, 301 CONFIDENTIAL COMMUNICATIONS See attorneys, 142 Privileged eomiiiuiiications, 1047 CONFIDENTIAL RELATION See Hduciarv relations, 542 CONFUSION OF GOODS Burden of proof, 302 t - Presumptions IMinn^ling bv consent 302 conjectures' and IMPRESSIONS ^^'itnl■ss cannot testify as to. 511 That witness "took" from what partv said ''SS CONNECTION BETWEEN FACTS OFFERED AND FACTS TO BE PROVEN Dffer of evidence, 884 Order of proof, 889 CONSENT See assent, 128 Of parents Abduction, 6 Of female, 6 CONSENT OF PARTIES Apprentices. 120 1418 INDEX [references are to pares] CONSEQUENCES OF ACTS PRESUMED INTENDED, 621 CONSIDERATION Love and afl'ection, 73 Recital of in deed is hearsay, 411 Inadequacy of As proof of fraud, 577 Fraudulent conveyance, 587 Burden of proof, 225 When instrument under seal, 225 Release, 225 Illegal, 225 Promissory note, 226 Partial, 226 Different consideration. 226 Presumptions and burden of proof, 302 Sealed instrument, 302 Contract of sale, 303 Parol evidence, 303 Want of consideration, 303 Marriage, 305 Deeds as evidence, 306 Action on contract, 306 Failure and want of Pleading, 137 Resulting trusts, 1253 CONSPIRACY Burden of proof. 226 Nature and elements of crime, 306 In general, 306 The agreement, 306 Gist of the offense, 306 Admissibility of evidence In general, 307 Overt acts, 307 Documentary, 307 To show motive. 308 Other offenses. 308 Acts and declarations, 308 Weight and sufficiency of evidence, 310 Degree and burden of proof, 311 Pleading and proof, 311 Indictment, 311 Bill of particulars, 312 CONSTABLE \'ali(lity of process. 1120 CONSTRUCTION OF STATUTES Adopted statutes. 1197 CONSTRUCTION OF WILLS, 1297 to 1305 CONTEMPTS Burden of proof, 226 Defined In general, 312 Civil, 312 Criminal. 313 Jurisdiction, 313 Indictable offense, 313 Jury trial, 313 Immunity, 313 Intention, 314 Fact of contempt-pleadings, 314 Bill of particulars, 314 Special interrogatories, 314 INDEX 1419 [references are to pages] CONTEMPTS (Continued) Criminal, 314 Constructive, 314 Civil, 315 iSworn answer, 315 Burden of proof, 315 Admissibility of evidence, 315 Degree of proof Civil, 316 Criminal, 316 CONTEMPORANEOUS ORAL AGREEMENT Nut i)rovable by parol, 917 CONTENTS Presumption as to knowledge, 764 CONTENTS AND SUFFICIENCY See abstracts of title, 14 CONTESTED ELECTIONS Presumptions Notice of election, 316 Right of person to vote, 316 For whom vote cast, 316 Proclamation of results, 316 Burden of proof In general, 226 Illegality of votes, 226, 316 Condition of ballots. 226, 317 Preservation of ballots. i'arol evidence to show abandonment or rescission, 2 Admissions and declarations _^_ ,,. Deceased persons, 43 - ' ' Presumption as to contracting with reference to custom and usage, 385 Date of delivery, 391 Escrow, 500 ■ Parol, 933, 934 Presumptions Contents, 1010 Delivery, 1010 Legality, 1010 Freedom of parties, 1010 Performance, 1010 Interest of parties, 1010 Rescission, 1011 Foreign state, 1011 Alterations and erasures, 93, 1003 Ante-nuptial contract, 113 Building contracts, 211 Gambling contracts, 585 Ratification, 1064 Rescission, 107G Release, 1118 Seals, 1102 Waiver, 1279 Work and services, 130, 13G9 Burden of proof Terms and conditions, 22G Construction, 226 Illegal consideration, 226 Of sale, 227 Breach of, 223 Best and secondary evidence, 168 CONTRACT OF CARRIER Assent of shipper, 128 Assent of carrier. 129 CONTRACT OF TELEGRAPH COMPANY Assent 129 CONTRACTS OF TESTATOR, 1319 CONTRADICTION AND SUSTAINING WITNESS Direct impeachment, 324 Incidental impeachment, 324 ' Sustaining witness, 324 CONTRADICTORY STATEMENTS Iin]H>achment bv inoving, 687 CONTRIBUTORY NEGLIGENCE Admissions and declarations relating to, 51 Infants presumed incapable of, 701 CONVERSATIONS Admissions and declarations, 33 Telephone, 1226 CONVERSION See trover and conversion, 1248 INDEX 1421 [references are to pages] CONVEYANCES Assent Voluntary settlements, 129 Burden of proof Fraud, 227 Voluntary conveyances, 227 Child to parent, 227 Parent to child, 227 Presumptions, 1011 Acknowledgments, 26 Deeds, 409 Delivery, 413 Consideration, 302 CONVICTION See former conviction, 566 CO-OBLIGORS Admissions Officers, 45 Principal and surety, 50 Privies, 59 COPIES Abstracts of title, 15, 16 Carbon copy, 192 Private writings Admissibility, 328 Contracts, 328 Contract in law report, 168 Letters, 329 Telegrams, 329 Letter press copies, 329 Corporate records, 329 Power of attorney, 329 Lease and mortgage, 329 Public writings Land ofhce entries, 330 Land patents, 330 Ordinances, 330 Bond registers, 331 Records of county clerk and recorder, 331 Internal revenue collector, 332 Civil service commission, 332 Court records, 333 Cause pending, 333 Public officials, 333 Judgments, 333 Naturalization proceedings, 334 Depositions, 334 Ship enrollment. 334 Appointment of administrator, 334 L^nacknowledged instruments, 334 No seal, 334 Surveys, 334 Compared "copies, 562, 896, 1098 Proof of correctness, — what sufficient, 562 Foreign judgments, 557 See Records. 1080 CORONER'S INQUEST Admissibility of verdict in subsequent proceedings In general, 334. 400 Actions for negligence, 336 Actions on insurance policy, 336 Bill to contest will. 336 Admissible in entirety, 336 1422 INDEX [REFERKNCES ARE TO PAGES] CORONER'S INQUEST (Continued) Name and seal of coroner, 336 Proceedings in sister state, 336 Weight and ell'ect of verdict, 336 Admissibility of depositions In general, 337 The affidavit, 337 Stenographic notes, 337 Parol evidence, 337 Admissions of accused, 337 Immunity, 685 CORPORATE OFFICERS Admissions and declarations, 60 CORPORATE RECORDS Best and secondary evidence, 171, 340 In general, 1091 CORPORATE STOCK Presumption from possession. 903 Names of holders on stock books, 906 Presumption as to regularity of issue, 1011 Market price, 825 CORPORATIONS Admissions and declarations Corporate officers, 60 Directors and stockholders, 61 Admissibility of evidence Articles of incorporation, 338 Articles of consolidation, 338 Bill of sale, 338 Certificate of comptroller of currency, 338 Contracts, 338 Deeds, 339 Execution of bonds, 339 Judicial decrees against corporations, 339 Leases, 339 Letters, 339 Opinion evidence, 340 Parol evidence, 340 Parol as to existence of corporation in criminal action, 343 Corporate records and books, 340. 1091 Weight and sufficiency of evidence On plea of mil tiel corporation, 342 To establish corporate existence, 342 Acceptance of special act, 344 Corporate obligations, 345 Ratification of acts of officers, 345 Residence, 345 Best and secondary evidence 346 Presumptions, 346 Issue of stock, 346 Ownership of stock, 346 Execution of mortgages, 346 Execution of contracts, 346 Authority of officers and agents, 347 Seals, 347 Subscriptions, 348 Receipt of notice of directors' meeting, 348 Authorization of acts of officers, 348 Existence of corporation, 348 Burden of proof Absence of corporate authoiization, 349 Absence of authority of officer, 349 Corporate existence, 349 INDEX 1423 [references are to pages] CORPORATIONS (Continuod) Legal corporation, 349 Ultra vires, 349 Plea of vul ticl corporation, 227 Execution of mortgage, 227 Estoppel, 349 Competency of stock-holders and officers as witnesses, 359, 1347 Judicial notice, 350, 214 Coriiorate signature, 250 CORPUS DELICTI Defined, 350 Particular offenses, 350 Degree of proof, 351 Admissibility of evidence, 351 Circumstantial evidence, 351 Confessions, 351 CORRECTION OF DEPOSITION, 435 CORRESPONDENCE Letters, 779 Wliole of utterance, 1296 CORROBORATION Accomplice, 19, 352 Discretion of court, 19 AVlien required, 19 Extent, 19 Extra judicial confessions, 352 In general, 352 Corpus delicti, 353 Acts and declarations, 353 Former declarations, 353 Competent by prosecutrix, 353 CORROBORATIVE TESTIMONY, 356 CO-SURETY As to transactions with deceased, 1350 Admissions, 41 COUNSEL See attorneys, 142 Malicious prosecution, 821 Privileged communications, 280 Trespass, 1246 Admissions and declarations Right to make, 44 Right to withdraw, 44 To avoid continuance, 44 Made at former trial, 44 By silence, 44 Effect, 44 Stipulations, 1204 COUNTER AFFIDAVITS New trial, 866 Judgments by confession, 741 Default, 412 COUNTER CLAIM, 1176 COUNTER PART OF DOCUMENT, 165 COUNTY JUDGES Presumption, 1012 Judicial notice, 750 COUNTY SEAT Judicial notice. Province of court May not determine credibility, 360 ^ May call witness, 361 ■' Province of jury Number of witnesses, 362 INDEX 1425 [references are to pages] CREDITOR Pxclatioiisliip Impoaoliing conveyance, 582 CREDITOR'S BILL Imnniiiity, 685 Burden of proof, 228 Fraud, 574 Fraudulent conveyances, 580 Husband and wife, 654 CRIME Charged in civil cases, 1290 Presumption of innocence, 1022 Infants Presumption as to capacity, 701 Other charges not relevant in proof of, 1168 ■McM-e fact of arrest, 566 CRIMINAL ACTION Former testimony Absent witness. 10 CRIMINAL CHARGE IN CIVIL SUIT, 1290 CRIMINAL CONVERSATION :\rarriaoe, .-562 Competency of witnesses, 363 Seduction Proof by corre'spondence, 363 Defendant failing to testify, 363 Defenses Death of wife, 363 Consent of wife, 363 Suit against another defendant, 363 Forgiveness of wife, 363 Recrimination, 363 Conduct of parties, 363 Connivance of husband, 363 Damages Loss of services, 364 Chastity of plaintiff's wife, 364 Chastity of defendant, 364 Exemplary damages, 364 Social rank, 364 Pecuniary circumstances, 364 Aggravation of damages, 364 Mitigation, 365 Chastitv, 267 CRIMINAL INTENT Accomplice Corroboration required, 19 Homicide, 621 Intent In general, 726 CRIMINATING DOCUMENTS Compelling produotion, 1051 CROPS .Judicial notice as to maturity, 756 CROSS EXAMINATION Accomplice, 19 Account stated, 26 Bastardy, 153 Bias and hostility, 173, 175 Showing arrest or indictment as matter of impeachment, 699 Right to cross examine In general, 365 On default, 365 1426 INDEX [references are to pages] CROSS EXAMINATION (Contiimcd) By both parties, 365 Rifjht of co-defendants. :;f)6 Parol foundation for secondary, 366 Direct irrelevant, 366 In ejectment, 366 Conduct and mode Repetition, 367 Right to recall, 367 Assuming material facts, 367 Assuming answers untrue, 367 Exclusion after cross examination, 367 Memorandum, 367 Opening defense, 368 Leading questions, 368 Variant statements, 368 Matters tending to degrade witness In general, 370 Occupation, 370 Habits, 371 Drunkenness, 371 Cause and results, 371 Antecedents, 371 Former prosecutions, 371 Interest In general, 371 Relation as employee, 371 Financial interest, 371 Bias and hostility, 371 Matters irrelevant Contradiction, 372 Conversation with third party, 372 Business experience, 372 Defense not relied upon, 372 Financial condition, 372 Limit Discretion of court, 372 Direct examination. 372 Inconsistent conduct, 373 Improbability, 373 Time, place and circumstance, 373 Cause of result, 373 As to experts, 374 Re-direct, 375 As to direct examination in miscollaiicous instances, 375 Impeachment Inconsistent statements, 687 By writings, 691 CRUELTY As ground for divorce, defined. 446 CUMULATIVE EVIDENCE Limiting number of witnesses Facts conceded, 379 Principal issue, 380 Collateral matters, 380 Experts, 380 Practice, 380 Emphasis by re-examination, 381 New trial Civil causes, 381 Criminal actions, 381 Impeaching evidence, 381 Continuance for, 382 INDEX 1427 [references are to pages] CUSTODIAN OF PAPERS, 163 CUSTOM AND USAGE In general Defined, 382 What constitutes, 382 Nature and requisites, 382 Extent of custom or usage, 383 Admissibility, 383 Number and competency of witnesses, 384 Judicial notice, 384 Contracts Presumption as to contracting with reference to, 385 Admissibility of custom and usages, 386 Employer and employee, 387 Railroads Ballasting track, 388 Operation of yards, 388 Method of doing work, 388 Permitting persons to ride in cars not for passengers, 388 Inspection of engine and cars, 388 Receiving and transporting shipments, 388 Use of track as foot path, 388 Permitting shippers to ride, 389 Regulation of laborers' living quarters, 389 Boarding and alighting from trains, 389 Recommending employees, 389 Street railways Position of conductor on cars, 389 Position of passengers on cars, 389 Boarding and alighting from cars, 389 Regulating cars at street crossings, 390 Running on particular tracks. 390 Stopping cars at particular place, 390 Mines and mining, 390 Public officers, 391 Foreign customs and usages, 391 Transfer companies, 391 Manufacturers, 391 Building trades, 391 Commercial transactions, 392 Packing companies, 392 Elevators, 392 Pleading Assumpsit, 137 Case. 383 CUSTOMARY OBEDIENCE Of employers' rules, 1155 DAMAGES Action on bond, 186 Alienating affections, 92 Apprentices Loss of service. 120 Assault and battery, 126 Breach of promise, 207 Criminal conversation, 265 Dram shops, 456 Effect of tender, 1229 Eminent domain Compensation for land taken, 483 Damages for injury to property not taken. 493 1428 INDEX [REFERENCES ARE TO PAGES] DAMAGES (Continued) Expert and opinion, 522 False imprisonment, 540 Fires, 548, 549 Injury and pain, 758 Insurance, 713 Benefit societies, 713 Fire insurance, 722, 725 Libel and slander, 790, 794 Malicious prosecution, 822 Nuisance, 1187 Pecuniary circumstances, 969 Presumptions, 1012, 1013 Seduction, 1167 Set off and counterclaim. 1176 Similar settlement as proof of, 484, 1186 Trespass, 1246 Trover and conversion, 1251 View by jury, 1269 Wage3, earning capacity and domestic relations, 1273 Warranty, 1285 AVork and services, 1370, 1371 DANGER Expert and opinion, 523 DATE Rule of fixing, 393 Judgment, 393 Clerk's certificate, 393 Abstracts of title, 393 Firing bill in chancery, 393 Deed Presumption as to execution, 393 Presumption from acknowledgment, 28 Presumption as to delivery. 394 Filing. 394 Forcible entry and detainer, 394, 553 Penal action, 394 Cutting timber, 394 Contract Delivery, 394 Parol, 395, 916 Pleading and proof Assumpsit on contract, 395 Case, 395 Negotiable instruments Execution, 395 Assignment, 395 Indorsement, 395 Fixing by fact that witness heard of occurrence, 613 Presumptions, 1013. 1014 DAY BREAK Judicial notice, 760 Weather bureau records, 1290 DEADLY WEAPONS Judicial notice, 396 Defined, 306 In prosecution for homicide Intent and malice from use of, 627 Habit of carrying, 627 Possession. 627 Rale to defendant, 628 DEAF WITNESS Method of examining. 396 INDEX 1429 [references are to pages] DEALERS AS EXPERTS, 518 DEALINGS I'lesumption of good faith in general, 597 DEATH Burden of proof, 228 As affecting competency of witness, 1340 As affecting confidential communications, 1050 Seven years absence Presumptions, 396 Admissibility of evidence, 397 Weight and sufficiency, 398 Credibility of witness contradicting, 399 Cause of death. 299 Presumptions, 399 Admissibility of evidence, 399 In homicide prosecutions, 628 Continuance of life, 400, 1014 Damages presumed from fact of, 1012 Registers of births, deaths and marriages. 1110 Presumption as affecting validity of marriage, 832 Coroner's inquisition as to cause of, 400 DEBT Burden of proof, 228, 400 On plea of nil debit, 400 On plea of no7i est factum, 400 Effect of plea of payment, 400 Actions on specialties, 400 Effect of plea of -non est fnctiim, 400 Effect of plea of nul tiel record, 401 Actions on records In general, 401 Judgments, 401 Money counts, 401 Verbal promise, 401 Payment presumed from lapse of time, 964 No presumption of written evidence, 1021 Pre-existing No presumption from giving of check. To show former testimony, 1201 Suicide Presumption, 1041 In general, 1212 Survivorship, 1216 Trusts, 1252 Value Admission of ancestor. 1264 INDEX 1431 [references are to pages] DECEASED PERSONS (Contimu d) Wages, earning capacity and domestic relations, 1376 Support of family, 1278 ;t')ijllir Wills Declarations of testator to aid construction, 1299 Memoranda to aid construction, 1303 Declarations to show testator's state of mind, 1307 Letters of testator, 1309 Letters to testator, 1309 Declarations inadmissible to show undue influence, 1317 To aid proof of revocation, 1328 To establisli lost will, 1334 DECEASED WITNESS Former testimony, 570 Bill of exceptions. 179 Certificates of evidence, 260 Stenographers' notes, 1201 Interpreter, 733 DECEIT See fraud and deceit, 579 Admissibility of confession obtained by, 294 DECISIONS OF SISTER STATE, 559 DECLARATION OF TRUST Parol. 936 DECLARATIONS Admissions and declarations, 33 to 68 Eef^ gestce, 1132. DECREE Best and secondary, 170 Judgments, 758 Draft of. not record. 1099 DECREE IN CHANCERY Presumptions. 1015 DEDICATION Burden of -roof. 228, 402 Presumptions, 402 Admissibility of evidence Parol in general, 402 Direct proof by owner, 403 Plats and platting, 403 Explanation of plat, 403 Acts and declarations. 403 Not listed for taxation, 404 Owner's motives, 404 Condemnation proceedings, 404 Fencing premises, 404 Adjusting assessment, 404 Condition in deed, 404 ITser, 405 Weight and sufficiency of evidence Acts and declarations, 405 Blank in plat. 405 Judgment recovered for obstructing, 406 Fencing out road, 406 Building sidewalk, 406 As to intent, 407 As to acceptance, 407 Estoppel to deny, 408 DEED AS MORTGAGE Presumption, 411 Burden of proof. 411 Parol evidence, 411 Weight and sufficiency, 412 1432 INDEX [keferences are to pages] T n "".' 3 '3^ •■•" ri"; DEEDS Admissions and declarations Fraud and undue influence, 54 Advancements, 73 Acknowledgment, 26 Ambiguity, 100 Best and secondary, 167 Burden of proof As mortgage, 228 Bill to set aside, 228 Duress. 228 Insanity and undue influence, 228 Delivery on condition, 228, 415 Lost deeds, 228 Admissibility Guardian's deed, 409 Master's deed, 409 Sheriff's deed, 409 Tax deed, 409 Foreign deed, 409 Warranty deed, 410 Delivery In general, 414 Execution of deed, 410 Recording, 410 Description, 410 Consideration, 411, 306 Date Presumption as to execution, 393 Escrow, 500, 416 Forcible entry and detainer, 551 Parol As mortgage, 934 Terms, 934 As trust, 934 Consideration, 934 Invalidating deed, 934 Sustaining deed, 935 Description, 935 Parties, 935 Interest, 935 Reservation, 935 Date, 935 Acceptance, 935 Delivery, 936 Recording, 936 Bill to correct mistake, 936 Bill to redeem, 936 Presumptions, 1015, 1016 As to release of homestead, 617 Notice of unrecorded deed, 1067 See posi, voluntary conveyances DE FACTO CORPORATIONS See corporations, 342, 343, 344 DEFAMATION Libel and slander, 787 DEFAULT Burden of proof. 228 Admission by default, 412 Right to introduce evidence after, 412 Motion to set aside default, 412 Counter affidavits, 412 Right to cross examine, 365 INDEX 1433 [referknces are to pages] DEFECT Siniilar accident, 1182 Knowledge of. 287 Expert on Opinion. 525, 526 DEFENSE OF HABITATION Tloniic'ido. 651 DEFINITIONS Abstracts of title, 10 Accomplice, 19, 099 Account stated, 23 Adultery, 69 Advancements, 73 Affidavits, 80 Alibi. 90 Ancient documents, 103 Arson, 122 Attestation of wills, 1324 Bills of discovery, 444 Books of account, 188 Bribery, 209 Burden of proof, 215, 503 Circumstantial evidence, 269, 501 Cloud on title, 273 Condonation, 450 Confessions, 292, 503 Contempts, 312 Corpus delicti, 350 Credible witness Wills. 1326 Cruelty, 446 Cumulative. 504, 1067 Custom and Usage, 382 Deadly weapons, 396 Domicile, 451 Duress. 461 Dying declarations, 463, 634 Estoppel, 504 Evidence, 501 Fiduciary relations, 542 Gambling contracts, 585 Gifts. 592 Good faith. 595 Habitual drunkenness, 449 Heirs, 1341 Impotency, 448 Inhabitant, 1141 Inn keepers. 706 Insane delusion, 1306 Insolvency, 709 Interest, 730 Judicial notice, 761, 1293 Larceny, 706 Leading questions, 771 Lottery, 811 Malice Homicide. 622 Malicious prosecution, 817 Motion to direct verdict, 442 Necessaries. 702 Novation, 867 Nuisance. 869 Original telegram. 1225 Official records. 1080 Patrons of disorderly house, 446 1434 INDEX [references are to pages] DEFINITIONS (Continued) Pedigree, 973 Pledge, 992 Positive evidence, 994 Preponderance, 503 Presumptions, 502, 1000 Prima facie, 502 Privileged communications, 793 Probable cause, 815 Ratification, 1064 Real evidence, 501 Reasonable doubt, 1065 Rebuttal, 503, 1067 Receiver of stolen property, 1076 Relevancy, 1112 Relevant, 503 Bes gestce, 501 Residence of voter, 320 Retainer, 143 Suicide, 1212, 712 Telegrams, original, 1225 Testamentary capacity, 1305 Testimony, 501 Undue inflvience, 1316 Usury, 1260 Waiver, 1279 Waste, 1286 DEGRADE Questions tending to degrade witness, 370 DEGREES OF SECONDARY EVIDENCE, 165 DEGREE OF PROOF See weight and sufficiency, 1290 Penalties, 974 Reasonable doubt, 1165 DELIBERATION Presumption, 1016 DELIVERY Intent, 413 Presumptions, 414 Deeds, 414 Personal property as payment, 415 Date of contract, 415 Parol evidence Conditional delivery, 415 Opinions of witnesses, 416 Of ancient documents, 104 As relating to gifts, 594 See Acknowledgments, 26 DELUSION, 1306 DEMAND Bailment, 149 Forcible entry and detainer, 553 Replevin, 1126, 1127 Trover and conversion, 1250 DEMAND FOR BRIBE As affecting credibility, 360 DEMEANOR OF WITNESS As affecting credibility, 357 Opinion as to. 521 DEMONSTRATIVE EVIDENCE In general, 416 Preliminary proof, 417 Admissibility generally In general, 417 INDEX 1435 [references are to pages] DEMONSTRATIVE EVIDENCE (Contiimod) Ancillary, 417 Particular instances, 417 Objections, 418 Experiments Mechanical demonstration, 507 DEMURRER Admissions and declarations, 63 DEMURRER TO EVIDENCE IMust be in writing, 418 What it admits, 418 Joinder, 418 DENIAL OF EXECUTION Issues raised, 411) In general, 419 Guaranty of promissory note, 419 Covenant on lease, 419 Delivery, 419 Authority of agent, 419 Where instrument not set out, 419 Foreclosure, 419 - The affidavit Who should make, 420 When filed, 420 As evidence, 420 Admissibility of evidence In general, 420 Authority of corporate officer, 420 Alteration, 421 Personal obligation, 421 Policy of insurance, 421 Lease, 421 Bonds, 421 Preponderance sufficient, 421 DENTIST Expert. 525 DEPARTMENT RECORDS Federal government, 1094 To establish anti-saloon territory, 115 Weather bureau, 1289 DEPORTMENT AND DEMEANOR OF WITNESS As affecting credibility, 357 Opinion as to, 521 DEPOSITS Judicial notice of manner of withdrawing, 754 Embezzlement, 482 Books of account, 196 DEPOSITIONS Admissions and declarations In another case, 65 Admissible in bastardy case. 151 Admissions in to prove trust, 1258 Books attached to. 843 Refusal of witness to attach exhibits, 434 Who may take, 422 Notary public. 422 Disinterested persons. 422 Naming commissioner, 422 Caption and certificate Character of officer certifying. 422 Form, 423 Waiver of issuance of commission, 423 Time of taking, 423 Swearing witness, 423 1436 INDEX [keferexces are to pages] DEPOSITIONS (Continued) Certificate to identify, 423 Necessity for notarial seal, 423 Accompanying deposition, 433 Indorsements, 424 Notice Necessity for, 424 Names of witnesses, 424 Residence of witness, 424 Objections, 424 Waiver, 424 Filing interrogatories, 424 What insufficient, 425 What sufficient, 425 Claim against estate, 425 Joint debtors, 425 Affidavit, 524 Adjournments, 425 Opening, 426 Attendance of witnesses, 426 Objections and motions to suppress, 426 Grounds, 426 Time, 428 Form, 429 Admissibility in evidence Immaterial evidence, 430 Copies, 430 Taken in another suit, 430 Stipulation, 431 Party making evidence for himself, 431 Other parties, 431 Hearsay, 431 Like matters, 431 Taken in foreign language, 432 Former testimony, 432 Taken at coroner's inquest, 432 Subscribing witness, 432 Dictated or written by attorney. 432 When deponent present at trial, 432 Presence of attorney, 432 After substitution of new parties, 432 Parts untrustworthy, 432 Weight as evidence, 433 Parties entitled to use May be used by either party, 433 Subsequent party to suit, 433 Efifect of use, 433 Right to examine deponent at trial, 433 Attaching exhibits Statutory provisions, 434 Copies of originals, 434 Refusal to, 434 Election of method of examination, 435 Errors and corrections, 435 Second depositions, 435 Misdemeanors, 435 Rendering adverse party competent, 435, 1343 Examination of witness, 435 DEPUTY Authentication of record, 557 DESCENT AND DISTRIBUTION Burden of proof Existence of heirs, 229 Intestacy, 229 INDEX 1437 [references are to pages] DESCENT AND DISTRIBUTION (Continued) Will t'stablishcd, 221/ Lcfiitimacy, 777 Pedigree, 972 Intestacy, 734 Heirship. 616 DESCENT OF REALTY, 229 DESCRIPTION Admissibility of evidence Contracts for sale of real estate, 436 Deeds, 436 Wills, 436 Burden of proof, 436 Ambiguity, 100 Of persons Wills, parol, 1302 Identity, 673 Parol, 928, '935, 950 Wills, 1301 to 1303 DISCOUNT Burden of proof, 229 DESERTION Burd(>n of proof. 229 Grounds for divorce Burden of proof, 447 Time of absence, 447 Intention, 448 Reasonable cause, 448 Offer to return, 448 Consent, 448 Uncorroborated testimony, 448 DESTRUCTION, SUPPRESSION AND FABRICATION OF EVIDENCE Destruction and suppression Presumptions, 437 Right to prove, 438 Destruction by co-defendant or joint obligor, 438 Relief from burden, 438 Fabrication Presumption, 438 Right to prove, 438 Appearance of document, 438 Secondary evidence Party destroying cannot offer secondary, 439 Weight and sufficiency, 439 DETECTIVES Credibility Criminal action, 440 Civil actions, 441 DEVISE Parol to identify property, 1301 DEVISEES Admissions and declarations, 60, 1318 DIAGRAMS Parol explanation, 936 Admissibility In general, 441 Preliminary proof, 441 Ancillary use. 441 Plat of street and intersections, 441 Division fence, 442 Location of property, 442 Survey, 442 Blue print, 442 Profile of improvement, 442 Ii38 INDEX [references are to pages] DILAPIDATION Of account book, 197 DILIGENCE Due search, 163 Lost instruments. 801 DIRECT EVIDENCE Abandonment of homestead, 620 As to insolvency, 710 Defendant in action of malicious prosecution, 819 False pretenses Intention, 541 Reliance upon representations, 541 Fraud, 576 Grantor as to intent, 582 Fraud and deceit, 579 Gamblinfj contracts, 586 Good faith in acquiring title, 596 Intoxication, 735 Malicious intent, 621 Ownership, 905 Intention, 725 DIRECT EXAMINATION Adverse party, 76 Cross examination. 373 Bias and hostility, 173 LeadinjT questions, 772 DIRECTING ATTENTION, 773 DIRECTING VERDICT Motion Defined, 442 When motion waived, 443 Evidence Not weighed, 443 Taken as true, 443 Plaintiflf entitled to benefit of all evidence, 443 Scintilla rule, 443 DIRECTORS MEETING Notice of, 348 DIRECTORY City, 273 Chicago city directory Judicial notice, 755 DISASTER Survivorship, 1216 DISCHARGE IN BANKRUPTCY, 222 DISCHARGE OF EMPLOYE Cause of, 1374 Husband may testify as to drunkenness, 457 DISCONNECTION OF TERRITORY Judicial notice, 741 DISCOVERY Bills of discovery, 444 Defined, 444 Jurisdiction in equity, 444 Cumulative remedy, 444 Necessary averments of bill. 444 Who entitled to relief, 444 Incriminating matters, 445 Answer, 445 Immunity. 685 DISCREDITING WITNESS TTow far party may discredit own Avitness, 686 DISCRETION OF COURT Cross examination, 372 INDEX 1-A39 [references are to pages] DISCRETION OF COURT (Continued) Recallino; witness, 1070 Order of proof. 889 Limiting number of witnesses, 379 View by jury, 1268 Leading question. 774, 775 Evidence after argument, 891 DISEASES OF ANIMALS Exi)ert testimony a.s to, 109 DISGRACE As ell'ecting privilege of witness, 683 As element of damage in aetion for seduction, 1168 DISOBEDIENCE Of employer's rules, 1155 Of witness Order of exclusion, 504 Contempts, 312 DISPOSITION OF ANIMALS, 107, 754 DISORDERLY HOUSE Admissibility of evidence General reputation. 445 Circumstantial evidence, 446 Patrons defined, 446 DISTANCE Experiments, 507 Expert and opinion, 517, 528, 529, 531 Judicial notice, 745 Speed, 1192. 1194 DIVORCE Alienating affections, 92 Burden of proof, bigamy, 229 Degree of proof, 446 Answer, 446 Cruelty Defined, 446 Abusive language, 447 Drunkenness, 447 Failure to support, 447 Complaint by wife, 447 Single act, 447 Two or more acts, 447 Action by husband, 447 Desertion Burden of proof, 447 Time of absence, 447 Intention, 448 Reasonable cause, 448 Offer to return, 448 Consent, 448 Uncorroborated testimony, 448 Impotency Defined. 448 Burden of proof, 448 Lapse of time, 449 Drunkenness Habitual drunkenness defined, 449 After filing suit, 449 Sobriety. 449 What sufficient proof, 449 Negative testimony, 449 Defenses Adultery, 449 Connivance, 449 1440 INDEX [REFERENCES ARE TO PAGES] DIVORCE (Continued) Condonation Defined, 450 Presumptions, 450 Specific acts, 450 Knowledge, 450 Cohabitation, 450 Witnesses Number of, 450 Divorced wife. 450 DOCKET AND MINUTES OF JUDGE, 738 DOCKETS OF JUSTICES OF PEACE In general, 762 False imprisonment, 539 Malicious prosecution, 822 Copies, 1105 DOCTOR Malpractice, 989 ,,„.„. orr Expert as to mental and physical states, 514, 519. 845, 849 to 855 Physicians and surgeons, 987 Medical and surgical services, 836 Assent to services, 130 Compelling to testify. 854 Osteopath, 854 DOCUMENTARY EVIDENCE Abstracts of title, 10 Account stated, 23 Affidavits, 80 Affidavits for continuance, 83 Ancient documents, 103 Answers, 110 Bill of exceptions, 179 Bill of lading, 179 Books, 187 Books of account, 188 Certificates, 256 Certificates of evidence. 260 City directory, 273 City and village records. 1087 Copies, 328, 1097 Coroner's inquest, 334 Corporate records, 338, 340, 1091 Deeds. 409 Depositions, 422 Diagrams, 441 Dying declarations, 468, 1214 Foreign judgments, 554 Former pleadings, 568 Hospital records, 653 Hotel registers, 654 Instructions, 710 Inventory of estate. 904 Judges dockets and minutes, 738 Judgments, 738 Legislative journals, 776 Letters, 779, 1309, 1319 WTiole of letters. 1296 Letter press copies, 786 ]\Iemorandum, 838 Newspaper, 863 Ordinances, 892 Patents, 961 Photographs, 981 Ti^DEX 1441 [references are to paces] DOCUMENTARY EVIDENCE (Continued) Plats. 9'JO Police records, 994 Receipts, 1071 Records. 1080 See Posi, records School recoid. 86 Registers of births, deaths and marriages, 1116 Rules of court, 1153 Rules in actions of negligence, 1154 Stenographer's notes. 1201 Stereoscopic view, 1204 Stipulations. 1204 Surveys and field notes, 1214 Tax deeds, 1216 Tax receipts. 1223 Telegrams. 1224 Train bulletins, 1243 Weather report, 1289 Wills. 1237 Authentication, see ante, authentication Acknowledgments. 26 Advertisement, 214, 540, 811, 1148, 1284 Alterations and erasures, 93 Ambiguity, 97 Anti-saloon territory Record of election creating, 114 Government license. 115 Assessor's schedules, 930, 1264 Ballots, 319 Best and secondary Document beyond jurisdiction. 156 Voluminous documents, 156 Wrongful withholding of evidence, 157 Lost or destroyed writing, 158 Preliminary proof, 158 Notice to produce. 159 When notice not necessary, 159 Loss of original, 162 Due search, 163 Degrees of secondary evidence. 165 Counterpart. 165 Letters and letter press copies, 166 Telegram. 167 Deed, 167 Unacknowledged instrument, 168 Contract in court report. 168 Duplicates and copies, 168 Official writings, 169 Court records, 170 Corporate records, 171 Objections, waiver and consideration, 173 Blueprint, 442 Catalogue, 1284 Certificates Non existence of record. 256 Miscellaneous certificates, 257 Weight and sufficiency, 259 Presumptions, 259 Official certificates of general land oflfice 1237 Certified and examined copies Records in general. 1097 Must be certified copy of record, not record, 1097 1442 INDEX [references are to pages] DOCUMENTARY EVIDENCE (Continued) Erasures and intt-'ilineations, 1098 Copies difl'ering, 1098 Aid by parol, 1099 Letter press copies, 329 Checks, see ante, checks Circular, 579, 1284 Civil service rules, 333 Conspiracy Bank books, 307 Police records, 307 Copies Private writings, 328 Public writings. 330 Ship enrollment, 334 Compared copy, 562, 896, 1098 Carbon copy, 192 Duplicates, 168 Counterpart, 165 Sworn copies, 1109 Copies attached to deposition, 434 Foreign ordinance, 896 Corporate records Articles of incorporation. 338 Corporate record and books. 340. 1091 Cross examination As to writing. 369 Counsel entitled to memorandum. 842 Denial of execution, 419 Destruction, fabrication and suppression of evidence, 437 Foreign judgments, 554 iJnio-i' Foreign law, 558 Handwriting, 602 Illegally obtained evidence, 682 Immunity, 682 Incriminating documents, 1051 Indebtedness Not presumed evidenced by writing. 1021 Lost instruments Preliminary proof for secondary evidence,. 802 Due search. 803 Proof of contents. 803 Proof of execution. 804 Particular instruments. 804 to 810 Lost wills, 811 Newspaper article, 788 Objections, 874 Order of proof, 892 Official registers School record, 86 Registers of births, deaths and marriages. 1116 Ship enrollment. 904 Weather reports, 1289 Internal revenue record, 115 Registers of land office, 475 Parol Interpretation of writings. 913 Impeachment By written statements generally, 325, 690 Public documents Statutes. 1195 Foreign law, 558 Legislative journals, 776 INDEX [references are to pages] DOCUMENTARY EVIDENCE (Continued) Payment Need not be proved by, 'J03 Production of documents, 1051 Release, 111 'J When may be oU'ered, 892 Wliole of, 1296 Destruction of documentary evidence Party destroying cannot oiler secondary, 439 Subject in general, 437 Best and secondary Subject in general, 156 Refusal or failure to produce Subject in general, 1112 DOGS See animals, 108 DOLLAR Abbreviation Judicial notice, 753 DOMESTIC JUDGMENTS See judgments. 738 DOMESTIC RELATIONS injury to person, 1273 ^Vrongful death, 1276 Action by widow, 1279 Homicide, 630 See Husband and Avife, 655 Infants, 700 Work and services, 1370 DOMICILE Admissions and declarations Paupers, 61 Intent, 62 Burden of proof, 229 Presumptions, 451 Defined In general, 451 Infants, 451 Married women, 452 Persons iion compos, 452 Pauper, 452 Person in military or naval service, 453 College students, 453 Admissibility of evidence Declarations, 453 Voting, 453 Party's own testimony. 453 Avoidance of process, 453 Real inquiry, 454 DOUBT Reasonable doubt, 1291 Defined, 1065 Subject in general, 1065 DOUBTS AND RUMORS As to paternity of child, 778 DOWER Adultery, 72 Burden of proof To show seizure, 329, 454 Proof necessary In general, 454 Marriage, 454 Death of husband, 454 Seizin of husband Burden of proof, 229, 454 1443 1444 INDEX [refekences are to pages] DOWER (Continued) Estate of inheritance, 454 Estate in remainder, 454 Time of seizin, 454 Title deeds, 454 To bar dower Degree of proof, 455 Adultery, 455 Ante nuptial contract, 455 Post nuptial contract, 455 Eminent domain, 455 Limitations, 455 Value Proof of by life tables, 455 Inchoate, 456 DRAFT OF DECREE, 1099 DRAINAGE .Judicial notice, 756 DRAM SHOPS Civil action for damages Presumptions, 456 Burden of proof, 456 Admissibility of evidence, 456 DRUGS illegal sale, 1171 DRUNKENNESS Dram shops, 456 Homicide, 645 Intoxication, 734 Of witness, 737 As ground for divorce Habitual drunkenness defined, 449 After filing suit, 449 Sobriety, 449 What suiUcient, 449 Negative testimony, 449 DUE CARE Burden of proof, 230 Habits admissible on issue of, 599 Conclusions of witnesses, 285 Presumption, 1017 Weight of presumption, 1291 Presumption as to love of life, 1027 Presumption from proof of habits, 1020 Expert and opinion, 522 Proof where no eye witnesses, 599 Weight and sufficiency of proof, 1291 DUPLICATE COPY To prove aitcration, 96 As degree of secondary evidence, 165 Books of account, 192 Patents, 962 DURESS Burden of proof, 230 Defined In general, 461 Threats of civil action, 461 Threats of criminal prosecution, 461 Parties Surety, 461 Husband and wife, 461 Parent and child, 461 Innocent third party, 461 INDEX 1445 [references are to pages] DURESS (Continued) W'liat may be considered Laches, 462 Weight and sufficiency, Threats, 462 Duress of goods, 463 Imprisonment, 463 DUST Explosions, 534 DaTiiago from. 496 DUTIES OF SERVANT Opinion, 522 DUTY Officers, <S87 DYING DECLARATIONS Bias and hostility, 175 Defined, 463 Principle upon which admitted, 464 Mental faculties, 464 Extremity of declarant Fixed belief, 464 Actual danger of death, 464 Inducement of belief, 464 How proof may be made, 404 Concerning religious consolation, 465 Suflficiency of proof, 466 Province of court and preliminary proof Admissibility question for court, 467 Degree of proof, 467 Presence of jury, 467 Repetition of preliminary proof, 467 Influence of opiates, 468 Writing best evidence. 468 Different statements. 468 Time of death, 468 Statement signed by nurses, 469 Presence of state's attorney, 469 Exoneration of accused, 469 Husband and wife, 469 Statements of others than injured person, 469 Substance of declaration, 470 WTiole of declaration, 470 Self exculpatory, 470 Objections to admission, 470 Weight and probative force, 470 Impeachment of dying declaration In general, 470 Contradictory statements, 471 Hostility towards accused, 471 Condition of declarant's mind, 471 Admissibility in 'civil cases, 460, 471 Note as constituting dying declaration, 460 See also Homicide, 6.'?4 DYNAMITE Judicial notice, 534, 756 E EARNING CAPACITY In personal injury actions, 1273 EASEMENT Abandonment, 1 1446 INDEX [references are to pages] EBB AND FLOW OF TIDE As constitutiiiu; navigability of water, 1289 ECCLESIASTICAL CEREMONY Bigamy, 177 EJECTMENT Abstracts of title, 16 Presumptions Rightful possession, 471 Ownership from possession, 471 Possession and source of title, 473 Continuance of possession, 472 From possession, 472 Validity of title from government, 473 Good faith, 472 Burden of proof, 230, 472 In general, 472 Immediate possession, 472 Existence of property, 473 Identity of property, 472 Compliance with statute, 473 Pleading and proof As to declaration, 473 Homestead, 473 Limitations, 473 Denial of interest, 473 Possession, 473 Demand, 473 Default of one defendant, 474r Admissibility of evidence As to description. 474 Consideration in deed, 474 Deed as mortgage, 474 Location by parol, 474 Legal title by parol, 474 Fraud, 474 Reputed ownership, 475 Contract of purchase and performance, 475 Subsequently acquired title, 475 Plats, 475 Sherift"'s deed, 475 Tax deeds, 475 Entry books, 475 Unrecorded deed, 475 Official certificate of register of land oflfice, 475 Unacknowledged deed. 476 Date of filing deed, 476 Record of former suit. 476 Payment of taxes without color of title, 476 Outstanding title. 476 Possession before acquirement of title, 476 Weight and sufficiency of evidence Strength of own title, 476 Titl" from common source. 477 On denial of common source. 477 Mesne conveyances and possession, 477 Prior possession, 478 Actual possession under deed. 478 Prior possession of grantor, 478 Where fee simple claimed, 478 Adverse possession, 478 Legal title. 478 Trustee, 478 As against intruder, 479 INDEX 1447 [REFERENCES ARE TO PAGES] EJECTMENT (Coulimicd) Limitations, 479 Wiu'ie (lotciulant holds contract for possession, 479 Guardian's deed, 479 As to time of bringing suit, 479 Heirsliip of plaintill's grantors, 479 Bad faith, 479 Description, 479 Dechirations, 480 ELECTIONS Creating anti-saloon territory, 114 Contested elections, 316 ELEVATORS Custom and usage, 392 Expert and opinion, 525 EMANCIPATION OF INFANT, 705, 907 EMBEZZLEMENT Burden of proof, 230 Chastity of prosecutrix, 268 Presumptions, 1017 In general Failure to account for money received, 480 Deposit of money, 480 Liability of defrauded party, 480 Ownership In general, 480 Unincorporated body, 481 Character of property, 481 Demand By bank depositor, 481 By express company, 481 Intent Public officer, 481 Intention to repay debt, 481 Agent, 482 Bank ofiicer, 482 Knowledge, 482 Various acts, 482 Value Railroad ticket, 482 Bank deposits, 482 Venue, 482 EMINENT DOMAIN Burden of proof, 230, 498 Defeats dower rights when, 455 Time when compensation fixed, 483 Compensation for land taken Measure of damages generally, 483 Owner's estate, 483 Offers to sell, 483 Rental value of property condemned, 484 Price at which others would buy, 484 Rental value of adjacent property, 484 Price paid by owner, 484 Price paid by others, 484 Price paid for other property, 484 Prospective use of pro])erty, 485 Sale of similar property, 485 Opinion evidence as to value, 487 Special value to owner, 489 Special value to petitioner, 489 Value for particular purposes, 489 Profits from land, 489 1448 INDEX [references are to pages] EMINENT DOMAIN (Continued) Advancement of property, 489 Value when sub-divided, 489 Mineral value, 489 Actual sales, 489 Title to property, 490 As to land being subject to overflow, 491 Repairs to property, 491 Adaptability of land, 491 Assessor's book, 492 Deeds and leases, 492 Value of improvements, 493 Plats, 492 Ingress and egress, 492 Value of buildings, 492 Purpose for which land is used, 493 Removal of business, 493 Trespass, 493 Loss of profits, 493 Damages for injuries to property not taken In general, 493 Diminution of income, 493 Liability to fires, 493 Diversion of traffic, 493 Difficulty of access, 494 Interference with use and enjoyment, 494 As a nuisance, 494 Increase of insurance rates, 494 Depreciation of rental value, 494 Inconvenience to owner, 494 Future use, 494 Possible injury to persons or animals, 495 Amoiuit of land taken, 495 Efl'ect of improvement on remaining projierty, 495 Expense of maintaining improvements, 495 Stipulation of counsel, 495 Plans and specifications, 495 Ordinances, 495 Smoke and cinders, 496 Noise, 496 Damage common to entire public, 496 Wages of employees, 496 Speculative damages, 496 Removal of business, 497 Failure to fence right of way, 497 Damages to residences, 497 Removal and damages to personal property, 497 Value when sub-divided. 497 Loss of water supply, 497 Plans of proposed construction, 497 Burden of proof, 498 Benefits In general, 498 Nature and extent, 498 View by jury Right to make view, 498 Time of taking, 499 Property to be included, 499 Nature of facts obtained, 499 Use of facts obtained, 499 Weight of facts as evidence, 499 Effect. 499 EMPHASIS BY RE-EXAMINATION, 381 INDEX 1449 [references are to pages] EMPLOYE AS WITNESS Credibility, :<(i() Parties and persons interested as witnesses, 951 Witnesses, 1348 Failure to call ex-employe, 1113 EMPLOYER AND EMPLOYE Custom and usage, 387 Rules of employer, 1154 Safer method, 1156 Assent to services, 130 Burden of proof Terms of contract, 252 Admissions of employees In general, 51 Ses gestce, 1139, 1141 EMPLOYMENT Presumptions Nature and time of, 1017, 1018 Compensation, 1018 Assent, 130 EMPLOYMENT CONTRACT, 936, 937 ENDORSEMENTS See post, negotiable instruments ENTIRETY See whole of utterance, 1293 ENTRIES IN BOOKS Book accounts, 188 Registers of birtlis and marriages In general, 1116 Must be required to be kept, 827 Records not required to be kept, 1081 Memoranda, 838 As res gestce, 1136 ENTRY Forcible entry and detainer, 550 ENTRY BOOK, 962 EQUITABLE DEFENSE Presumptions, tOlS EQUIVALENTS AND CONTRACTIONS OF NAMES Judicial notice, 758 ERASURE See alterations and erasures, 93 ESCAPE Weight and sufficiency, 500 ESCROW Deed, 500 Burden of proof, 416, 500 Parol proof of conditions, 416 Contracts, 500 ESTATE Power over, 1036 Presumption as to settlement, 1040 See. ante, claims against estates ESTOPPEL Defined, 504 Burden of proof, 230 Dedication, 408 Admissions and declarations, 65 Quo warranto, 1054 Corporations, 349 Boundaries, 204 Former adjudication, 563 EVIDENCE DEFINED Prima facie, 502 1450 INDEX [references are to pages] EVIDENCE DEFINED (Continued) J^unlen of proof, 503 Preponderance, 503 Relevant, 503 Rebuttal, 503 Confessions, 503 Cumulative, 504 Estoppel, 504 Testimony and evidence, 501 Real evidence, 501 Circumstantial evidence, 501 Hes gestce, 501 Presumption, 502 Judicial notice, 761 EXAGGERATION As affectino: credibility. 355 EXAMINATION OF TITLE, 1018 EXAMINATION OF WITNESSES Cross examination, SttS Hypothetical questions, 669 Leading questions, 771 Objections, 872 Ofl'er of evidence, 884 Order of proof, 889 Recalling -witness, 1070 Bias and hostility, 173 Credibility, 354 Contradiction and sustaining witnesses, 324 Impeachment. 685 Direct examination, 375 EXAMINED COPIES Books of account, 192 Records, 1097 Record in collector of revenue office, 115 Copies, 331 EXCLAMATIONS As part of res aesi(V, 643, 1141 EXCLUSION AND SEPARATION OF WITNESSES Riglit to order, 504 Violation of order. 504, 505 EXCLUSION OF EVIDENCE Competency of witness, 878 Remaining silent wlien oll'ered, 1210 Rebuttal of evidence after motion to exclude, 1068 EXECUTION Return vvlla bona, as proof of insolvency, 709, 710 EXECUTION OF INSTRUMENTS Acknowledgment, 28 Recorded unacknowledged instrument, 476 Lost instalment, 804 Ancient document, 103 Instrument offered as secondary evidence, 157, 167 Wills, 1321, 1328 Denial of execution. 419 EXECUTOR AND ADMINISTRATOR Competency as. witness, 1346 Representative capacity, 1132 Admissions of, 59 Admissions of devisee ns against, 60 •Tudgment against, as to sureties, 740 EXEMPLARY DAMAGES Financial circumstances, 969 EXEMPLIFICATIONS Records Act of congress not exclusive, 1107 INDEX 1451 [references are to pages] EXEMPLIFIED COPIES, 116, 330 EXEMPTIONS Presinii])tion. 1018 EXHIBITION OF INJURY \'oluntary exlii'oition of injury, 505 niscvetion of couit, 505 Particular instances wlicrc held not error, 506 EXHIBITS Refusal to attach to depositions, 434 Demonstrative evidence. 4]Ci EXISTING STATE OF THINGS Presumption as to continuance, 1008 EXISTENCE OF PARTY TO SUIT, 143 EXISTENCE OF RECORD, 1081 EX MALEFICIO Trusts, 1259 EXONERATION Dying declarations, 469 EX PARTE AFFIDAVITS, 81 EXPECTANCY OF LIFE Life tables, 796 Dower. 455 EXPERIMENTS Civil actions In general. 506 Vision and distance, 507 Stopping trains, 507 IMechanical tests, 507 Firing pistol, 508 Bodily defects, 508 Criminal trials Suicide by hanging, 508 Firing of pistol, 508 Effect of red pepper in eyes, 508 Lapse of time. 509 Cause of explosion, 534 EXPERT AND OPINION Opinion evidence In general, 509 Non experts Opinions in general, 509 Experts Opinions in general, 510 Usurping province of jury, 511 Conjectures and impressions, 511 Time of opinion, 511 Classes of experts, 511 Admissibility from necessity, 512 Qualification of experts, 513 Cross examination, 514 Weight and sufficiency, 515 Miscellaneous instances Abortion, 516, 8 Accident, 516 Adultery, 516 Age, 516 Agriculture, 516 Alteration of instruments, 516 Animals, 516 Attempts and efforts, 517 Attorneys' fees, 517 Automobiles, 517 Bookkeeper, 201 1452 INDEX [references are to pages] EXPERT AND OPINION (Continued) Books, 187 Bucket shops, 518 Business transactions, 518 Cause of death, 518 Cause and etl'ect of injury, 518 Church doctrine, 521 Condition of merchandise, 521 Conduct, demeanor and character, 521 Cumuhitive evidence, 380 Damages, 521 Danger, 522 Due care, 523 Duties of servants, 522 Finger prints, 523 Fraud, 523 Genuineness of bank notes, 523 Handwriting, 523 Health and pliysical condition, 523 Highways, 524 Historical facts, 524, 617 Identity, 524 Insurance, 524 Intelligence of child, 524 Intention. 524 Intoxication, 524 Larceny, 524 Law, 524 Law of sister state, 560 Libel and slander, 524 Malpractice, 525 Mechanics, machinery and building trades, 525 Mines and mining, 527 Noise, odors and smells, 528 Observations and exercise of senses bv witnesses, 528 Rape, 1059 Mental and physical states, 848 to 853 8anity and insanity, 1059 Value In general, 1264 Eminent domain, 487 Wills Mental capacity, 1310 to 1312, 1315 Undue influence. 1319 Constniction, 1303 Qualification of non-expert, 510, 1311 Weight of expert evidence, 1292 Hypothetical questions In general, 669 to 673 On inquiry as to value, 1264 Right to ask non-expert. 1159 EXPLANATION OF DOCUMENTS BY PAROL, 913 EXPLOSIVES Opinion evidence Cause of explosions, 534 Experiments, 534 Condition after explosion, 535 EXTENT OF CROSS EXAMINATION, 370 EXTORTION By threats Former acts, 535 By officer Authority to charge fees, 535 INDEX 1453 [references are to pages] EXTRADITION lllrgal arrest, 53") EXTRA JUDICIAL CONFESSIONS See Confessions, 292 Cor{)us ck'liciti, 351 Corroboration, 352 Hoiiiit'ide, 625 EYE, 417, 506 EYE WITNESS Absent Presumptions, 59 Habits wliere no eye witnesses I'roof of 599 Presumptions as to due care, 1017 Weight and sufficiency of presumption, 1291 Right of court to call, 3(J5 FABRICATION OF EVIDENCE See destruction, suppression and fabrication of evidence, 437 FAC SIMILE Seal of corporation, 347 Proving handwriting by, 603 FACT -ladicial notice, 755 Presumptions must be based on, 1001 Witness must state, 285 Expert not to decide questions of, 511 FAILURE AND WANT OF CONSIDERATION Rendering deed null, 305 Negotiable instruments, 137 FAILURE TO PRODUCE EVIDENCE Presum])tions from, 1112 FAILURE TO TESTIFY, 363, 1114 FALSE IMPRISONMENT Burden of proof, 231 Arrests by private persons Justification, 537 General issue, 537 Intent and malice, 537 Arrests by officers Malicious prosecution distinguished, 538 Burden of proof and presumptions, 538 Admissibility of evidence Legality of appointment of officer, 539 W^arrant, 539 Justice's docket, 539 Belief and information, 539 Verdict of jury, 539 Habeas corpus proceedings, 540 Actual damages, 540 Motives, 540 W^ords spoken, 540 FALSE PRETENSES Fraudulent intent Presumption as to knowledge, 540 Other similar acts, 540 Check without funds, 540 Promise, 541 Acts and declarations of conspirator, 541 Reliance upon representations, 541 Ownership of goods, 541 Intention, 541 1454 INDEX [references are to pages] FALSE PRETENSES (Continued) Contract legally binding, 541 Negligence of purchaser, 541 Warranty, 541 FALSE REPRESENTATIONS Accord and satisfaction, 20 Reliance upon, 541, 578 FALSUS IN UNO, FALSUS IN OMNIBUS, 356 FAMILY Record, 86 Expense, 657, 663 Insanity in family, 1157, 1158 FARMERS AS EXPERTS Agriculture, 516 Animals, 109 FATHER Same name as son Presumption as to conveyance, 674 FEDERAL GOVERNMENT Records, 1094 FEELINGS ]\Iental and physical states, 844 FEE SIMPLE Warranty deed not proof of, 1242 FEES AND SERVICES Attorneys, 143 Physicians Assent to services, 130 Recovery of fees, 987 FEIGNED COMPLICITY Accomplice, 19 FELONIES AND MISDEMEANORS Conviction as allVctiiig credibility, 566 Former jeopardy, 568 Incapacity of infant to commit, 701 FICTITIOUS LETTERS Confidence game. 300 FICTITIOUS PERSONS Conspiracy Padded pay roll, 307 FICTITIOUS VALUES Confidence ganu>, 301 FIDUCIARY RELATIONS Defined, 542 Undue influence, 542 Question of fact, 542 Presumptions, 542 FIELD NOTES, 1215 FINAL SETTLEMENT Of guardian, 599 FINANCIAL CIRCUMSTANCES Money lent, 859 As alTecting damages, 969 Fraud Purchaser, 577 Vendor, 582 Fraudulent conveyances, 582 Beneficiary of gift, 593 Of those having claim on testator's bounty As test of testamentary capacity, 1307 In proof of gambling contracts, 587 Payment of debt, 968 Not considered as affecting credibility, 356, 357 INDEX 1455 [references are to pages J FINANCIAL CIRCUMSTANCES (Continued) Question calculated merely to show wealth of party, 372 On issue of forgery, 607 FINGER PRINTS Expert. 523 FIRE ARMS Presumptions and burden of proof, 544 FIRE ENGINE Speed, 1194 FIRE INSURANCE, 721 FIRES By locomotives Questions for jury, 544 Presumptions, 544 Prima facie case. 545 Want of negligence. 545 Proper equipment. 545 Other fires, 545, 546 Direct evidence, 546 Ordinances, 547 Weight and sufficiency of evidence, 547 Ownership of property. 548 Ownership of engine. 548 Elements and measure of damages, 548 FIRING PISTOL Experiments, 508 FIRM See partnership, 955 FIXTURES Intention, 549 Reservation, 550 FLIGHT, 550 FLOTABILITY As test of navigabilitv, 1289 FOOTINGS IN BOOKS OF ACCOUNT, 189, 201 FOOT PRINTS Identity, 574 FORCE Rape, 1061 Robbery, 1150 Seduction. 1167 FORCIBLE ENTRY AND DETAINER Nature of action, 550 Possession, 551 Burden of proof. 551 Title, 551 Force, 552 Notice and demand, 553 Deeds, 551 Date of entry, 553. 394 Conveyance after suit, 553 After acquired title, 553 Ejectment, 553 Immoral purpose. 553 FOREIGN COUNTRIES Judgments. 557 Deposition taken in, 432 FOREIGN COURT Judicial notice. 757 FOREIGN DEED, 409 FOREIGN JUDGMENTS Sister state Necessity and presumption as to jurisdiction. 554 1456 INDEX [references are to pages] FOREIGN JUDGMENTS (Continued) Conclusiveness, 554, 555 Admissibility, 555 Justice of peace judgments, 555, 1106 AVeight and sufRciencj' as evidence, 556 Authentication, 556, 1107 Copy, 557 Ck)urts of foreign countries Conclusiveness, 557 Authentication, 557 Possession as evidence of ownership, 903 FOREIGN LANGUAGE Interpreter. ~'-l2 Deposition taken in, 433 FOREIGN LAW Construing foreign will, 1303 Acknowledgments Proof of to aid, 39 Pleading, 558 Judicial notice, 558 Presumptions Existence of common law, 558 Construction of statute, 558 Adoption of statutes. 558 Similarity of laws, 559 Interest laws, 731 Judicial construction. 559 Printed reports and statutes, 559 Foreign legislative acts, 560 Parol evidence, 560 Expert, evidence, 560 Proof before court, 560 FOREIGN WILLS, 1237 FORFEITURE Burden of proof, 231 FORGERY Qtiestions of law and fact, 560 Presumptions and burden of proof, 561 Secondary evidence, 561 Photographs, 561 Other forgeries, 561 Possession of other forged instruments, 561 Admissions and confessions, 562 Proof as to correctness of copy, 562 Venue, 562 Signature not in handwriting of defendant, 56S Variance, 563 Witness, 563 Financial circumstances, 607 FOREMAN Entries in book as part of res gestce, 193 Memoranda of, 839 As witness where joint defendant, 1348 FORMER ADJUDICATION Identity of subject matter, 563 Parol, 564 Where shown by record, 564 Competency of pleadings and files, 565 Certificate of evidence, 565 Identity of parties Parol. 565 FORMER CONVICTION Impeachment of witness Admissibility, 566 INDEX 1457 [references are to pages] FORMER CONVICTION (Continued) liit'amoiia crime, 566 ]\hist. be conviction, 566 Manslaughter. 566 Record proof criminal action, 566 Proof in civil action, 567 Presumption as to identity, 567 FORMER JEOPARDY Admissibility of evidence, 568 Pleading and practice, 568 Felonies and misdemeanors, 568 Identity of action Proof bv parol. 568 FORMER OPINIONS, 368, 694 FORMER OWNER Admissions In disparagement of title to real property. 58, 1239 In disparagement of title to personal property, 905 To prove ownersliip of personal property, 58 As proof of value, 1264 Of assignor of note, 131 FORMER PLEADINGS Former adjudication To show identity of action, 565 As admissions Common law, 568 Chancery, 113, 569 Stipulations, 570 Authentication, 569 Lost pleadings. 569 FORMER STATEMENTS Impeachment bv proof of, 687 FORMER TESTIMONY Admissions, although compulsory, 64 Judicial notice, 757 Effect of introducing testimony of deceased witness, 1343 Deceased witness Civil actions, 570 Criminal actions, 571 _. ■ , -^ ,,-, As to testimony in criminal prosecutions, in subsequent civil suit, 5<1 Cross examination not test, 571 Living witness Insane witness, 1201 Absent witness, 9 Witness present at trial. 572 Subsequent incompetency of witness, 572 Secreted witness, 572 For purpose of impeachment, 572 Parol, 573 Whole of utterance, 1294 Depositions, 574 Where deposition not introduced, 572 FORMER WILLS As relating to testamentary capacity, 1308 As relating to undue influence. 1318 FOUNDATION FOR IMPEACHMENT, 688 FOWLS See animals, 108 FRAUD ^ , _„„ Presumptions and burden of proof, 5(4, 233 .^ In general, 574 Fiduciary relations, 575 Charge in negative form, 575 1458 INDEX ■ [references are to PAGESl FRAUD (Continued) I'arol Where contract in writing, 575 Financial condition, 577 Cliaracter and reputation, 577 Other fraudulent acts, 577 Preponderance, 578 Doubt may remain, 578 Admissions and declarations, 54 Kxpert and opinion. 523 FRAUD AND CIRCUMVENTION As to consideration, 304 FRAUD AND DECEIT Elements, 579 .."Sii ,c PlaintiflF's reliance, 579 Circumstantial evidence, 579 Weight and sufficiency, 579 Rescission, 580 FRAUDULENT CONVEYANCES Presumption Motive, 580 Voluntary conveyance, 581 Relationship, 580 Preference to creditor, 581 Inadequacy of consideration. 581 Similar sales, 583 Direct testimony as to good faith, 582 Financial condition of parties, 583 Declarations of grantor, 583 Knowledge of parties, 584 Specific intent, 584 Mortgage exceeding debt, 584 Grantor as witness, 585 FREIGHT RATES Judicial notice not taken of, 760 Proof of fairness and reasonableness. 585 Cro'ss examination of expert, 37G G GAMBLING CONTRACTS Defined, 586 Burden of proof, 586, 233 Presumptions, 586 Intention, 586 Course of dealing, 587 Similar transactions, 587 Correspondence between parties, 588 Contract not conclusive, 589 Mutuality of intention, 589 Preponderance of evidence, 589 Financial circumstances of parties, 970 GAMING Judicial notice, 757 Losses Immunity of defendants, 685 Competency of husband as to, 590 Recovery of money lost Burden of proof, 590 Immiinity, 590 GAMING HOUSE Guilty knowledge, 591 Proof beyond reasonable doubt, 591 Immunity, 682 INDEX 1459 [references are to pages] GARMENT Kxibition to jury, 417, 638 GARNISHMENT Burden of proof, 232 Admissibility of answer, 593 Disproving answer, 592 Good faith in assignment, 597 GAS Value, — subject of larceny, 770 Nuisance, 870 GATE, 417 GAUGE READINGS From war department, 992 GENERAL ISSUE See I'ost, Pleading and Proof GENUINENESS OF HANDWRITING See handwriting. t)()2 GEOGRAPHICAL FACTS, 742, 757 GEOLOGICAL FORMATIONS Judicial notice, 757 GESTATION Bastardy, 152, 153 Expert, 154 GESTURES As provocation, homicide, 648 GIFTS Defined, 592 Presumptions, 593 Burden of proof, 2.32, 593 Declarations of donor, 593, 595 Declarations of deceased persons, 42 Delivery, 594 Intention, 595 Clear proof, 595 GOD Belief in as affecting competency of witnesses, 1339 GOOD CHARACTER In civil actions, 263 In criminal actions. 284 GOOD FAITH Accord and satisfaction, 21 As to color of title Defined, 595 Presumptions, 596 Grantor's ancestors, 596 Intermediate owner. 596 Direct testimony of occupant, 596 Bringing of suit. 597 Garnishment. 597 Guardian and Ward. 597 Libel and slander, 597 Business transactions generally. 597 Direct testimony by grantor, 582 GOODS Market price, 823 Expert opinion as to condition of, 518 GOVERNMENT LICENSE Anti saloon territory, 115 GOVERNMENT REGULATIONS Judicial notice, 757 GOVERNOR'S DEED Need not be acknowledged, 27 1460 INDEX [references are to pages] GRAND JURORS Aliidavits To impeach return, 598 In support of indictment, 598 As impeaching witnesses, 695 GRAND JURY Immunity, 684 Examination of witnesses ("ompetencv of evidence before, 598 GRANTOR AND GRANTEE Fraudulent conveyances Intention. 582 Financial condition, 582 As witness, 585 Competency, as to transactions with deceased person, 1349 Declarations of former owner as against grantee, 42, 52, 57, 1233 GRANTOR'S DECLARATIONS As to ownership of personal property, 54, 58, 905, 999 As to ownership of real estate, 1238 GROANS As part of res gestae, 846, 1133 GUARANTY Burden of proof, 232 Circumstantial ]>roof. 1285 GUARDIAN AND WARD Burden of proof, 232 Presumptions as to transactions. 598, 1020 Guardian's account, 598 Effect of final settlement, 599 Receipts of ward, 599 Effect of judgment against guardian, as to surety, 1046 GUARDIAN'S DEED As evidence of title, 1236 GUARDIANSHIP Proof of as to mental capacity, 1309 GUILT Not presumed, 1022 IVIust be proved beyond reasonable doubt, 1065 Proof of. when issue in civil case. 1290 Admission of from conduct. 1291 GUN Presumption from injuries by, 1019 Experiment in firing, 508 Homicide, 627 H HABEAS CORPUS, 540 HABITATION Defense of Prosecution for homicide, 641 HABITUAL DISOBEDIENCE Of employers' rules, 1155 HABITS On question of suicide, 601 As affecting credibility of witness, 371 Intoxication. 602, 736* As to negligence, 599, 602 Of employees generally, 600 Of third persons. 601 As to contracts for payment of money, 601 Insane plaintiff in personal injury action, 602 Animals Malicious mischief. 602 INDEX H61 [references are to pages] HABITS (Continued) Injury by dog, 105 Of carrying weapon, 627 HAIR Opinion evidence of Specimens, 627, 675 HANDWRITING Expert and opinion, 523, 604 Genuineness Comparison in general, 602 By court, 603 By jury, 603 By witnesses, 603 Competency of witnesses, 604, 605 Examination of witness, 606, 983 Photograpliic copy, 607 Motive for executing, 607 As test of insanity, 607 HARDENING OF ARTERIES As alfecting testamentary capacity, 1304, 1314 HARVEST TIME Crops Judicial notice, 756 HATRED Bias and hostility of witness, 173 HEALTH AND PHYSICAL CONDITION Opinions, 523 Presumptions, 1020 Mental and physical states In general, 844 HEARING Conclusions of witnesses, 291 Fact, not opinions, 286 Of signals, 996 Whether witness would have heard, 996 As positive evidence, 994, 995 HEARSAY In general, 607 EfTect where hearsay admitted, 1125 Declarations in absence of party to be bound, 608 Statements of third persons Criminal actions, 609 By-standers, a's part of ret gefito', 1141 Value, 611 Receipts of third persons, 612 In action against co-surety, 1072 Reference to such third person, 612 Ex parte affidavits, 609 Agents' reports, 609 Officers, 609 Recitals in deeds, 009 Letters, 610, 781 Declarations of maker of note, 610 Declarations of plaintiff in action for breach of promise, 611 Medical books, 611 On issue of partnership Declarations of alleged partners, 611 As to phvsical condition of plaintiff, 611, 612 Value, 611 Receipts of third persons In action against co-surety, 1072 Miscellaneous instances, 612 Impeachment of hearsav evidence, 615 Weight, 616 Self serving declarations, 38 1462 I^'^EX [REFEKENCES ARE TO PAGES] HEAVENLY BODIES Course of Judicial notice, 754 HEIRS Admissions and declarations, GO, 1318 Presumption as to person leaving, 616 Dolincd, 1341 HEIRSHIP Admissions and declarations, 43 Presumptions, 616 Conclusions of witness, 616 Certificate of jjrobate judge, 616 Wciglit and suHiciency, 616 Decree in partition, 616 Petition in probate, 617 Pedigree In general, 972 Intestacy, 734 HEREDITY No presumption of insanity from. 1157 Degree of relationship of collateral kindred, 1158 HIGHWAYS Abandonment, 1 Burden of proof, 232 Dedication, 402 Expert and opinion, 524 Obstructing, 881 HISTORY .Tudicial notice. 757, 617 HISTORICAL FACTS ()])inions inadmissible, 524, 617 HOLOGRAPHIC WILL Testamentary capacity, 1316 HOMESTEAD lUirdon of proof, 233, 618 Presumption Abandonment, 1, 617 Release in warranty deed, 617 From occupancy of wife, 618 Value, 618 Weiglit and sufficiency of evidence, 619 Voting, 619 Direct testimony of claimant, 620 Judicial notice of subdivision, (ISO Competency of widow, 669 HOMICIDE Innocence Presumption as to, 620 Malicious intent Direct testimony, 621 Presumption, 621 Malice Defined, 623 Presumptions, 624 Necessity of proof, 624 Motive Not essential. 624 Tm[)roper 7-elations, 624 Corpus delicti. 350, 625 Defined, 625 Circumstantiiil proof, 625 Extra judicial confessions, 625 Circumstantial evidence INDEX 1463 [refer KNCES ARE TO PAGES] HOMICIDE (Coiitimu'd) " '^' Legal evidence, 625 Kinds. 026 Weiglit. 626 Chain simile, 626 Deadly weapons .hidicial notice, 627 Intent and motive from use of, 627 Habit of carrying 627 Possession, 627 Sale to defendant, 627 Cause of death, 628 Threats of defendant Principle u])oii wliich admitted, 628 Knowledge of assailed, 628 Conspirators, 628 Hearsay, 628 Nature and weight, 628 Explanation, 629 Threats of deceased Not communicated, 629 Overt act, 629 Purpose of proof, 630 Of suicide, 647 Threats of third persons Admissibility, 630 Domestic relations Of deceased, 630 Of accused, 630 Previous quarrels, 630 Character of accused In general, 631 General reputation, 631 Particular acts, 631 Time, 632 Proof by stipulation, 632 Limiting number of witnesses, 632 Weight, 632 Character of deceased In general, 632 When defendant assailant. 633 Where circumstances doubtful. 633 ]\Iust first be attacked by defendant. 633 Particular acts, 634 Dying declarations In general, 463 Defined, 634 Principle upon which admitted, 634 Fixed belief, 634 Actual danger of death, 634 Preliminary proof, 634 Officers and oflRcial character Knowledge of accused. 636 Ordinance defining duties. 636 Excessive brutality of officer. 637 Admissibility of warrant, 637 Threats against officers as a class, 637 Physical objects in evidence. 638 Separate oflfenses, 638 Admissions and confessions Constitutional privilege, 639 Implied confessions. 