None
44 See, ante, self serving acts and statements, self dis'serving acts and state- ments, strangers THREATS Subject in general, 1230 In civil actions, 1233 Duress, 461, 462 Extortion, 535 Assault and battery, 125 1NDP:X 155c [references are to pages] THREATS (Continued) Rlalieious prosociitioii, 818 Arson, 12;{ To comniit suicide, 647 Homicide, 1230 Of defendant, 628, ]2:i0 Of one defendant, 1231 Of deceased, 629, 1231 Of third persons, 630, 1232 Of suicide by deceased, 647 TIMBER Subject in general, 1233 Waste, 1286 Trespass, 1243 TIME As affecting alibi, 1)0 Time of alteration. 95 Death from absence, 396 Date, 393 Experiment's Capacity of witness to estimate, 509 Stopping train, 507 Of serving notice to produce papers, 161 Through which res gestcc may extend, 1133 Payment Presumption of, from lapse of time, 964 TIME BOOKS Books of account, 193 ]\Iemorandum, 839 TIME CARDS Books compiled from, 193 TITLE Parol Specific performance, 1190 Burden of proof, 248 Presumption as to examination, 1018 Admissions and declarations To overcome record title, 57 As proof of, 57 To impeach, 57 Opinion incompetent, 532 Subject in general, 1235, 1242 Patents, 961 Adverse possession, 77 Trespass, 1245, 1246 Good faith, 595 Possession, 999 Forcible entry and detainer, 551 Ejectment, 471 Eminent domain, 490 TOBACCO Cigarettes Judicial notice, 755 TOOLS Burglai-'s' tools, 253 TORRENS LANDS ACT Abstracts of title, 11 TORT ACTIONS See, ante, negligence TORT FEASOR Parol explanation of receipt to, 918 Belease to, 1120 TOWN RECORDS, 1085 1554 INDEX [references are to pages] TRACKS l-'oot prints, 574 Trackini;- by bloodhound, 627 TRADE MARK JJuidcn of proof, 249 Siibjoft in general, 1242 TRADE NAME [Selling by Warranty, 1283 TRADITION Ah relating to boundaries, 203 Pedigree. 973 TRAILING BY BLOODHOUNDS. 627 TRAIN BULLETINS, 1243 TRANSACTIONS WITH DECEASED PERSONS Competency of witnesses, 1340 See, ante, claims against estate Deceased jiersons TRANSCRIPT Stenographer's notes, 1204 TRANSFER COMPANIES Custom and usage, 391 TRANSLATION Deposition in foreign language, 432 Of testimony of alien, 732 TRAVELING SALESMEN JUDICIALLY NOTICED. 754 TREATISES Books, 187 TRESPASS Burden of proof, 249 Subject in general, 1243 Assault and battery. 123 TRESPASS QUARE CLAUSUM FREGIT, 59 TRIAL Cross examination, 365 Default, 412 Demurrer to evidence, 418 Directing verdict, 442 Leading questions, 771 Order of proof, 889 Of!'er of evidence, 884 (Objections. INDEX 1555 [references are to pages] TRUST FUNDS 15iir(k>n of proof, 249 TRUSTS Burden of proof, 249 Kesulting trusts, 1252 Not defeated by parol agreement, 1252 Consideration, 1253 Presumptions, 1253 Burden of proof, 1255 Parol evidence, 1256 Competency of widow to establish, 667 Express trusts Parol to create, 1256 Parol to aid, 1257 Weight and sufficiency of writings, 1258, 1259 Trusts ex maleficio, 1259 Admissions and declarations, 62 TRUTH Witness testifying to truth No presumption as to. 1044 Justification in libel and slander, 791, 794 u ULTRA VIRES Defense of must be specially pleaded, 138 Burden of proof, 349 Services of physician to emplove of corporation, 989 UNACKNOWLEDGED INSTRUMENT C'ertiliod copy of record, 334 Record, 168, 334, 1096 Execution. 476 UNAUTHENTICATED TRANSCRIPT Of foreign proceedings Forger V, 561 UNCERTIFIED COPY OF CERTIFIED COPY, 16 UNCOMPLETED ATTEMPTS Confidence game, 299 UNDERSTANDING OF WITNESS OF CONVERSATION Witness cannot be asked, 288 Libel and slander, 788 UNDUE INFLUENCE What constitutes, 1316 Burden of proof, 249 Fiduciary relations, 542 Duress, 461 Parent and child, 910 Wills, subject in general, 1316 to 1321 Admissions and declarations of grantor Not admissible to show, 54 UNFILED STIPULATION, 1205 UNIFORMITY OF USAGE When necessarv, 382 UNITED states' REVENUE COLLECTOR'S RECORD, 116 UNLAWFULNESS OF BUSINESS Opinion incompetent. 532 UNLIQUIDATED DEMAND Accord and satisfaction, 22 UNRECORDED DEED Declarations as against grantees, 53, 1240 Ejectment, 475 Notice, 1067, 1291 Copy, 333 155G INDEX [references are to pages] UNSIGNED WRITING W'oiyht as sliuwiiig real contract, 917 UNSWORN ANSWERS See answers, 112 Chancery, 262 Former pleadings, 570 USAGE See custom and usage, 382 USER Dedication, 402 Corporations, 343 Boundaries, 203 USURY Burden of proof, 249, 1260 Defined, 1260 Presiuuption's, 1260 Admissibility of evidence, 1261 Weigiit and sufficiency, 1261 Pleading, 1262 Laws of sister state, 731 V VALUE Judicial notice, 761 Admissions of ancestor, 1264 Proof in action against officer for failure to make levy, 1265 Subject in general, 1262 Cost, 1263 OflTers, 1263 Similar 'sales, 1263 Tax schedules, 1264 Market price, 823 Medical and surgical services As damages, 836 Action by physician, 987 Life tables, 796 Larceny, 770 Robbery, 1152 Eminent domain, 487 Recitals in deeds, 396 Dower, 455 Embezzlement, 482 Affidavit in replevin suit, 1131 Expert and opinion, 532, 533 VELOCITY See speed, 1191 VENEREAL DISEASE Bniu'h of promise. In general. 1337 Second wife in bigamy prosecutions, 178 Of incompetent testimony, 879 Immunity, 684 WARD See. ante, guardian and ward WAREHOUSEMEN liiudeii of proof as to negligence, 149 WARRANT Of officer Admissible in prosecution for homicide. 637 WARRANT FOR ARREST Admissible in action for false imprisonment, 539 WARRANTY False pretenses, 541 Burden of proof, 250 - Implied warranty, contracts of sale, 1281 Manufacturer as vendor, 1281 Sale by sample, 1282 Article supplied to order, 1282 For particular purpose, 1282 Vendor not manufacturer, 1282 Burden of proof and presumptions, 1283 Admissibility of evidence, 1283 Time of warranty, 1284 Parol to vary written contract, 945, 948, 1284 Pecf)U])meiit. 1285 WARRANTY DEED No presTunption as to release of homestead, 617 When not eviden'ce of title, 1242 WASTE Defined. 1286 Maintaining action, 1287 \\'eight and sufficiency, 1287 Justification, 1287 INDEX 1559 [refekexces are to pages] WATERS AND WATERCOURSES IJurdoii of piH)()t', :J3() Navigability, 1288 Opinions, 534 WEALTH Pecuniary circumstances, 969 Of adverse party Impeachment, 372 Of witness, cannot be considered, 357 WEAPONS Evidence concerning in prosecution for homicide, 627 In general, 396 Exhibiting in evidence, 417 Fire arms, 544 Experiments, 508 .Tudicial notice, 761 WEARING APPAREL P^xhibiting before jury, 417 WEATHER Official records, 1289 Seasons Judicial notice, 760 Memorandum. 840 WEIGHT AND SUFFICIENCY Civil actions in general, 1290 Criminal charge in civil suit. 1290 Reformation of instruments, 1291 Notice of unrecorded deed, 1294 Due care, 1291 Penal action, 1292, 976 Criminal prosecutions Evidence as a whole, 1291 Circumstantial evidence, 1291, 273 Justification or excuse, 1292 Expert and opinion, 1292, 515 Judicial notice, 1293 Certificate of acknowledgment, 28 Cloud on title, 278 Admissions and declarations, 66, 67, 68 WHISKEY Judicial notice, 761 WHISTLE Positive and negative evidence as to sounding of, 994 WHOLE OF UTTERANCE Admissions and conversation's, 1293 Confessions, 1292, 1293 Former testimony, 1294 Books of account. 1295 Bill of particulars, 1295 Depositions, 1295 Letters, 1296 Libelous publication, 1296 Written statements of party, 1296 Eff'ect of accompanying explanation, 1296 Homicide Admissions of accused. 641 ^Yhen does not justify admitting accusation, 641, 292 WIDOW Husband and wife. 665 Competency as witness, 1364 Dower, 454 Homestead, 617 1560 INDEX [references are to pages] WILLS Burden of proof, 250 Best and secondary evidence, 169 As proof of ownership, 904 As evidence of title, 1237 Lost wills. 811 Construction In general, 1297 Language of will, 1297, 1298 As to intestacy, 1298 Surrounding facts and circumstances, 1299 Declarations of testator, 1299, 1300 Ambiguity, 1301, 1302, 1303 Opinion evidence, 1303 Foreign laws, 1303 Memoranda, 1303 Judicial notice, 1304 Presumptions, 1304 Testamentary capacity What constitutes, 1305 Admissibility of evidence, 1306 Declarations of testator, 1307 Inequality of distribution, 1308 Former wills, 1308 Letters of testator, 1309 Letters of third persons, 1309 Appointment of conservator, 1309 Mental condition of blood relatives, 1309 Moral chara'cter, 1310 Opinion and expert evidence. 1310 Time of mental capacity, 1311 Burden of proof, 1312 Ability to transact business, 1313 Old age and physical suffering. 1313 Belief in Christian Science, 1.314 Belief in Swedenborgianism, 1314 Belief in Spiritualism, 1314 Prejudice and antipathies, 1314 Senile dementia, 1314 Suicide, 1314 Expert and opinion, 1315 Omission to name child, 1316 Holographic will, 1316 Undue influence What constitutes. 1316 Free agency, 1316 By whom exercised, 1316 When operative, 1316 Affection and persuasion, 1316 Inequality of distribution. 1317 Conduct of beneficiaries, 1317 Declarations of testator, 1317 Admissions of devisee, 1318 Prior wills, 1318 Letters, 1319 Contract's of testator, 1319 Illicit relations, 1319 Friendly relations, 1319 Opinions, 1319 Knowledge of contents. 1320 Circumstantial evidence, 1320 Allegations and proofs, 1320 Presumptions, 1320 INDEX 1561 [references are to pages] WILLS (Continued) Burden of proof, 1321 Weight and sufficieney, 1321 Execution 1-orm, 1321 Declaration. 1322 Signature, 1322 Acknowledgment, 1322 Necessity of witnesses, 1323 Presence of witnesses when testator signs, 1323 Presence of testator's 'signature. 1323 Presence of testator. 1324 Presence of other witnesses, 1324 Witness' knowledge of instrument, 1324 Attestation, 1324, 1325 Presumptions, 1325, 1320 Competency of subscribing witnesses, 132G, 1327, 1328 Revocation, 1328, 1329 Probate Admissibility of evidence, 1329 Proceedings in county court. 1330 Appeal from order admitting probate, 1330 Appeal from order denying probate, l^^^^O^ Impeachment of subscribing witnesses. 1330. 1331 Death, absence or incapacity of witness, 1331 Admissibility of attesting clause, 1331 Depositions, 1332 Weight and sufficiency, 1332, 1333 Establishment of lost wills, 1334 Contest in chancery Order of proof. 1334 Adniissibilitv of evidence, 1335 Affidavit of "^ subscribing witnesses, 1335, 1336 Order admitting to probate. 1336 Indorsement on will by judge, 1336 Certified copy of will. 1336 WITHDRAWAL OF TESTIMONY See striking out evidence. 1207 WITHHOLDING EVIDENCE Destruction, su])pression and fabrication of evidence, 437 Refusal or failure to produce evidence, 1112 Refusal to testify, 1114 WITNESSES Competency in general <• -.oo-r Presumptions and burden of proof, 1.^37 Objections. 1337 Determination of competency, 1338 Capacity and qualifications, atheist, 1339 Mentally defi'cient witnesses, 1339 Infants, 1339 Grand jurors, 1340 + i,aa Witnesses' names not indorsed on inrlittment, 16W Party in general, 1340 Competency of party as against insane pei-son, 1..40 Competency of parties and interested witnesses as against heirs, legatees, devisees, trustees and legal representatives In general. 1340 W'here deposition of deceased taken, 1343 Interest in general, 1344 Pecuniary interest. 1345 Time of interest, 1345 Dower interest, 1345 Disclaimer of interest, 1345 1562 INDEX [references are to pages] WITNESSES (Continued) IV'isonal rej)resentatives, 1346 Co-dcfcndant.s, 1346 8tockliol(lcrs and officers, 1347 Servants oi' employees, 1348 Trustees of college, 1348 Member of cliurcli or benefit society, 1348 Agent, 1348 Assignee of corporate sto'ck, 1349 Guardian and ward, 1349 Next friend, 1349 Donee, 1349 Partners, 1349 Grantees, 1349, 1350 Makers of negotiable instruments, 1350 Ademption, 1351 Advancements, 1351 Citation to discover assets, 1353 Dedication, 1352 Bill for accounting. 1352 Creditors' bill, 1352 Claims against estate, 1352 Action for wrongful death, 1353 Proceedings relating to mortgages, 1353 Bill to establish trust, 1354 Partition, 1355 Bill to set aside deed, 1357 Specific performance, 1358 Bill to contest will, 1359 Admissions and 'conversations of deceased. 1362 Facts occurring after death of ancestor,, 1362 Testimony adverse to interest, 1363 '' '" Admissions, conversations and transactions of deceased agent, 1363 Husband and wife, 1364 Admissions, conversations and acts, 1364 Competency of wife as witness, 1364 Competency of husband, 1367 Criminal actions, 1367 Examination and matters relating to Testimony of deceased witness, 570 Testimony of insane witness, 571 Opinions of ordinary witnesses, 509 Conclusions of witnesses, 285 Expert witnesses, 509 Non expert witnesses, 854 Compelling attendance of experts, 854 Contradiction and sustaining witness, 324 Refusal of witness to answer, 1114 Privilege of witness, 323, 682, 1051 Mode of ascertaining competency, 1272 Failure to call, presumptions from, 1113, 9 Biu'den of proof as to, 251 Presumj)tion of identity from name, 567 Compelling production of documents, 1051 Privileged communications. 1047 Exclusion and separation of witnesses, 504 Bias and liostility, 173 Credibility, 354 Ci'oss examination, 365 Redirect examination, 375 Former conviction, 566 Former testinuuiy, 570 Infants as witnesses, 1339 INDEX 1563 [references are to pages] WITNESSES (Continued) Intoxication as affecting credibility, 737 Limiting number of, 379 Truthfulness, no presumption, 1044 Recalling witness, 1070 Impeachment, 085 Incidental impeachment, 686 Refreshing memory of own witness. 686 Impeachment of absent witness. 687 Impeachment of impeaching witness, 699 Offer of evidence, 884 Offer of testimony of competent witness, 886 Order of proof, 889 Objections, 872 Leading questions, 771 Hypotlu'tical questions, 669 Hearsay, 607 Interpreter, 732 Legal conclusions, 775 Parties and persons interested as witnesses, 951 Absent witness, 8 Attorneys, 142 Deaf witness, 396 Detectives, 440 Arbitrators. 122 Rebuttal, 1067 Witness whose name alleged to be forged, 563 Stenographers, 1201 Voir dire, 1272 Present at trial, former testimony, 572 Secreted witness, 572 Questions tending to degrade witness, 370 Party not bound by testimony of witness required to call, 325 Contradictory statements not proof of fact, 687 Pardon, 906 Corroboration, 353 Accomplice, 19 Receiving evidence out of order, 891 Cumulative evidence, 379 Emphasis by re-examination. 381 Calling of eye witness by court. 365 Calling by court for cross examination, 361, 366 Cross examination by several counsels, 366 Privileged communications, 1051, 793 WORDS AND GESTURES As jirovocation Homicide prosecutions. 648 WORDS AND PHRASES Presunii)tions. 1368 Parol, 1368, 926 Abbreviations, 5 Judicial notice, 753 AmbiouitA'. 99 WORK AND SERVICES Assent, 130 Nature and time of employment, 1369 Presumption as to compensation. 1370 Establishment of express contract, 1370 Proof of implied contract, 1371 Proof as to amount of compensation, 1371 Value of services. 1372 Discharge of em]iloyee, 1374 Parent ^and child, 909 1564 INDEX [references are to pages] WRITINGS Whole of, 913 Recital?, 915 Parol proof of documents beyond jurisdiction, 156 Altoratioii, 93 WRITTEN EVIDENCE 8oo. 