Leg Res

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LEGAL RESEARCH
by the use of
CORPUS JURIS SECUNDUM
and
CORPUS JURIS
By DONALD J. KISER, LL.D.

Managing Editor of Corpus Juris Secundum
Published by
The American Law Book Co.

Brooklyn, N. Y.
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Copyright, 1924 by American Law Book Company (Principles and Practice of Legal Research.)
Copyright, 1938 By The American Law Book Company
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TABLE OF CONTENTS
Page
Introductory ............................................. 1 Fixing the Question....................................... 2 Selection of the Title...................................... 4 Finding the Discussion.................................... 35 Completion of the Search................................ 35 Corpus Juris Secundum................................... 36 Corpus Juris............................................. 42 The Specimen Pages...................................... 46 Corpus Juris Secundum title "Accession"............... 47 Words, Phrases and Maxims........................... 61 Cumulative Annual Pocket Part ....................... 63 Volume Index........................................ 66 The Law Chart........................................... 69
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INTRODUCTORY
"Legal Research" is a term which has come to be quite generally applied to what practicing lawyers call "looking up the law." It was with the intent of aiding law students to become proficient at this task that the original "Principles and Practice of Legal Research" was prepared by the American Law Book Company, then midway in the publication of Corpus Juris. Important advances in facilities for legal investigation make it now seem advisable to offer a new handbook upon the subject and to adopt a hew method of approach, one which, because of these advances, may be more simple and more direct. "Looking up the law" will be considered herein under the following heads: 1. Fixing the Question. 2. Selection of the Title. 3. Finding the Discussion. 4. Completion of the Search. After these matters have been discussed, a short description will be given of the two modern American legal encyclopedias which are fully comprehensive in their scope: Corpus Juris Secundum and Corpus Juris. While this manual is intended for use with Corpus Juris Secundum and with Corpus Juris, much of the material which it contains is of equal application to the American Digest System with its modern Descriptive-Word Index, and the various State digests which are based on the standard Key Number classification of the American Digest System each with its own Descriptive-Word Index in a separate volume.
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I.
FIXING THE QUESTION
The first step in "looking up the law" is the formulation of the precise question the answer to which is sought. The necessity of this is so obvious that it would seem not useful to state it, but in practice it is the failure to attach sufficient importance to it and to give proper consideration to it that is the most frequent cause of delay and misspent effort in legal investigation. While the searcher may not willingly admit that he does not know what it is that he is looking for, that is in fact very often the case. He, of course, knows his question in a general way but he has not examined it closely. In other words, he has not thought it through, so that it has become single and definite, stripped of all irrelevant attending facts and conditions, or has been resolved into a series of definite questions from the answers to which a final conclusion may be reached. Hence, when a legal proposition is presented to a student with reference to which he is to find authority, he must state it to himself clearly, and, if it is a complex question, state to himself its component parts. To do this it is often necessary that he proceed through a series of steps of logical analysis, first forming a general question, then breaking it up into a series of specific questions, and then, in the case of a difficult or involved problem, further analyzing these more specific questions. For the purpose of illustration, let us suppose that a client who is the owner of a farm asks his lawyer for advice concerning his rights as to a dispute growing out of a claim by his neighbor, who is in possession of an adjoining farm, that he is encroaching on such neighbor's land by his partition fence. It is possible that the lawyer might jump at once to the conclusion that he should make an investigation of the law of partition fences. However, when he considers the problem he would see that what he really is to investigate is his client's right to
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occupy the land he claims and which is within his fence. This opens up numerous possible questions. He must investigate how his client claims title; he must find out whether he claims under a deed or otherwise; he must, if his client claims under a conveyance, examine the validity of the conveyance, he must
note the description of the land in that conveyance, he must see whether the boundary claimed by the client coincides with the conveyance, he must see whether his client has been in possession of the land claimed, for how long, and in what manner, or, conversely, whether the other party to the dispute has been in possession and for how long and in what manner; further, he must examine such other party's title, and so on. From this it will be seen that what appears to be a simple single question has resolved itself into a number of questions, each one of which may present a question of law to be looked up, and, after the answers have been found and correlated, then, and then only, can the lawyer give a considered and reasoned answer to his client. Advising a client on what is often apparently an easy question involves either a knowledge of or an ascertainment of the answers to many included questions; hence looking up the law is often a tedious and lengthy task and an "all fours case," that is, a case on substantially the same state of facts, cannot be found unless by a process of analysis the component questions have been made extremely definite.
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II.
SELECTION OF THE TITLE
Having formulated his question, the searcher must then proceed to the selection of the title under which he may reasonably expect to find the question discussed. This selection differs from the preceding step in a very important particular; it involves a task with which the lawyer may familiarize himself in advance, and the publishers and editors of the important legal encyclopedias and digests have devoted years of thought and study to methods of arrangement and presentation in order to help him to do so. They have evolved a working classification of the law, they have formulated the definite titles and headings of such classification, and they have made the tremendous volume of the case law of the country accessible under an orderly and fixed scheme of analysis. This is the American Digest Classification Scheme which is used in the digests of the American Digest System, many state digests, and, with some changes of detail, in Corpus Juris Secundum and Corpus Juris. For this reason a study of the arrangement and of the scope and contents of the titles of this scheme will prove useful in the search of the law through either the American Digests or Corpus Juris Secundum or Corpus Juris. The titles of this scheme as they are used are arranged alphabetically and for this reason their logical formulation is not at once apparent. With an accuracy sufficient for practical purposes they may be
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arranged, however, into seven grand divisions, namely, PERSONS, PROPERTY, CONTRACTS, TORTS, CRIMES, GOVERNMENT, and REMEDIES, and in these grand divisions are shown on the Law Chart, post page 69. It should be noted, however, that these grand divisions are not logically subdivided into the various title headings, since, of necessity, some titles must contain matter which relates to more than one grand division. When this is the case, the title on the Law Chart is listed under each of the Divisions to which it in any material degree relates. It will be of the greatest value to the prospective searcher of the law to familiarize himself with these title headings and the general structure of the Law Chart. To aid him in so doing, some description of the grand divisions and of the more important titles will be given in the following paragraphs.
It should be noted, however, that apart from this means of approach, that is, through prior familiarity with the contents of particular titles, the extremely complete Descriptive-Word Index which forms Vol. 72 of Corpus Juris, if consulted, will lead the searcher to the right title in Corpus Juris, and, since the Corpus Juris Secundum titles are, with very few changes, the same as those in Corpus Juris, it will also lead him to the right title in Corpus Juris Secundum. This for many men will always prove the quickest and most satisfactory first step. As an alternative method of approach, however, for those who do not care for the index method, and for the purpose of acquainting students generally with the structure of the two encyclopedias, it is thought that the following discussion of their plan and contents will be of value sufficient to justify its careful study.
PERSONS
The grand division, PERSONS, includes associations, partnerships, and corporations, and, as will be seen by a reference to the Law Chart (see post page 69), is divided into eleven groups, which, as their titles appearing on the Law Chart (see post pages 70, 71) indicate, take up first, the general Classes of Natural Persons; then, Family and Domestic Relations; Fiduciary and Representative Relations; Personal, Civil, and Political Rights; Health and Welfare Regulations; Birth, Death, and Sepulture; Names, Signatures, and Seals; Corporations, Partnerships, and Associations Generally; Corporations, Associations, etc., for Particular Business or Objects; Public Services and
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Utilities; and Particular Occupations. Associated Persons. The titles under the heading, Corporations, Partnerships, and Associations Generally, are, as a group, perhaps the most important in the entire list shown on the Law Chart. Among them "Associations," "Corporations," and "Partnership" are titles which will at once be recognized as of well defined import. These titles, however, as employed in Corpus Juris Secundum and Corpus Juris, include only such matters as relate to all associations, corporations, and partnerships. When such organizations are for particular purposes, to which other titles in the classification scheme are devoted, questions which are peculiar to such particular purposes will be found treated in such other titles. Some of these particular purposes are indicated by other titles grouped under the sub-
head, Corporations, Associations, etc., for Particular Business or Objects, such as "Building and Loan Associations," "Business Trusts," "Clubs," "Labor Unions," "Beneficial Associations," "Mercantile Agencies," etc. Under the subhead, Public Services and Utilities, other titles are found, notably, "Railroads," "Street Railroads," "Telegraphs and Telephones," "Electricity," and "Gas," each of which contains a discussion of the powers, duties, and liabilities of corporations or associations of individuals engaged in furnishing services of the kind indicated by the title names. Mining partnerships and corporations will be found in the title "Mines and Minerals." The title "Railroads" contains an extended treatment of corporation law as applied to corporations for railroad operation. "Banks and Banking" is a title which contains a great amount of important corporation law dealing with the organization, powers, and liabilities of state and national banks, savings banks, and trust companies, together with the duties and liabilities of their officers and stockholders. "Insurance" is the title which treats of the organization and control of insurance companies and their powers, duties, and liabilities so far as the law of corporations is involved. Family and Domestic Relations. This subhead of the grand division,
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PERSONS, includes what are commonly known as the domestic relations titles, viz.: "Husband and Wife," "Parent and Child," "Guardian and Ward," "Master and Servant," and "Apprentices." "Marriage" and "Divorce" are two allied titles. In looking up questions concerning the termination of the marriage relation it should not be forgotten that questions concerning the annulment of a marriage as distinguished from a divorce are to be found in the title "Marriage," and that actions and agreements for separate maintenance as distinguished from proceedings for a limited divorce are treated in the title "Husband and Wife." "Husband and Wife" also includes the actions for alienation of affections and for criminal conversation. Another important chapter in "Husband and Wife" covers the law of community property. Contracts to marry and the actions arising from breach thereof are considered in the title "Breach of Marriage Promise" in the grand division, CONTRACTS. The rights of dower and of curtesy are treated in distinct titles bearing those names. Marriage settlements are in "Husband and Wife." "Parent and Child" includes those matters which grow out of the parental relation as between the parent and the child and as to third persons. The rights and disabilities of an infant
as such are considered in "Infants," while the subject of "Adoption of Children" is treated in a title of that name. Master and Servant. "Master and Servant" is the most important of the so-called domestic relations titles, if the standard of importance adopted is the number of cases involved. This is due to the great mass of decisions which have to do with injuries to employees in the course of their employment and which have made "Master and Servant" a title dealing very largely with questions involving a branch of the law of negligence. All questions arising in actions for injury to a servant based on negligence of the master at common law or under the various employers' liability acts are to be found in "Master and Servant," except actions in admiralty for injuries to seamen which are treated in the title "Seamen." Actions under statutes similar to Lord Campbell's Act are treated in "Death," however, and all the law of the cases arising under the workmen's compensation acts is collected under the title "Workmen's Compensation." Particular Occupations. To understand fully the reason for the grouping of
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certain of the titles under this subhead, it must be remembered that PERSONS includes both natural and artificial persons; hence corporations engaged in particular occupations fall properly within this group. It is for this reason that are found here the names of services which are ordinarily carried on by corporations. Also are found some titles which are almost unknown to the profession as a whole, yet which are demanded by the very specific character of the questions which they treat; for example, "Money Lenders," "Pilots," "Pawnbrokers," "Manufacturers," and "Mills." Other occupation titles are well known: of these are "Abstracts of Title," "Agriculture," "Architects," "Attorney and Client," etc. Classes of Natural Persons. The subhead, Classes of Natural Persons in General, in the grand division, PERSONS, includes certain titles devoted to natural persons who, by reason of certain disabilities or privileges, occupy a status different from that of persons generally. Prominent and important among these titles are those devoted to "Infants" and "Insane Persons." Insane Persons. The title "Insane Persons" includes questions of all other than merely temporary mental disability; inquisitions to determine sanity; guardianship of insane persons;
custody and support of the insane, including commitment to asylums; property and conveyances, and contracts, torts, and crimes of insane persons. However, it should be noted that contracts and deeds by persons under temporary incapacity are treated in "Contracts" and "Deeds." The result of this is that "Insane Persons" does not as a rule take up questions of whether or not a person was mentally competent at the time of making a contract or a deed to execute it, these questions being in "Contracts" and "Deeds;" nor does it include testamentary capacity, questions as to which will be found in "Wills." It is properly noted here also that the mental competency of a witness is considered in "Witnesses," and that insanity as a defense to crime is treated in "Criminal Law" and titles devoted to particular crimes. Asylums for the insane, in so far as concerns the
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establishment, maintenance, regulation, and management of such institutions, are treated in the title "Asylums."
PROPERTY
In the titles grouped under PROPERTY, the second grand division of the law as shown on the Law Chart (see post page 72), are considered the acquisition, tenure, enjoyment, and disposition of real and personal property. Certain of the titles of the property group in a sense pair with each other. The investigator should familiarize himself with this fact and not confuse a title which deals with personal property with a title which relates to real property. For example, he should never look at "Sales" for anything relating to realty. Instead he should consult "Vendor arid Purchaser" for sales of real property. "Sales" relates to the sale of personal property only. Likewise he should not look at "Mortgages" for anything relating to the mortgage of personal property; he should consult "Chattel Mortgages" for mortgages of personal property. "Mortgages" relates to mortgages of real property. He should not look under "Exemptions" for questions of the exemption of real property from liability for debt; he should look under "Homesteads." "Exemptions" relates to exemptions in personal property. This distinction as between "Sales" and "Vendor and Purchaser" and between "Mortgages" and "Chattel Mortgages" particularly should be kept in mind since these titles relate to transactions which are so frequent that it will save much time to choose the right title as a matter of habit.
Particular Estates. In the general title "Estates" will be found the definition and classification of the generally recognized estates in property and chapters devoted severally to estates tail, to life estates, to remainders, to reversions, to executory interests, to certain particular estates in personal property, and to the merger of estates. Certain other estates, either common-law or statutory in their origin, have been made the subject of separate titles. "Curtesy" and "Dower" are two titles devoted to the common-law estates known by these names and to their statutory modifications and substitutes. There is a title "Joint Tenancy" and also a title "Tenancy in Common." "Easements" and "Licenses" are also distinct
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titles. Estates of Decedents. The titles "Descent and Distribution," "Wills," and "Executors and Administrators" take up most questions relating to estates of decedents. Taken in connection with the titles "Charities," "Perpetuities," "Trusts," and "Powers" they may be considered to exhaust the field. It should be noted that all questions as to intestate succession are treated in the title "Descent and Distribution," wherein, for example, are discussed the right to inherit and the course of descent, the amount and character of distributive shares, and the liabilities accompanying inheritance. Where there is a will, reference must be had to the title "Wills" for all questions as to testamentary disposition, for example, as to testamentary capacity; as to the construction of wills as to rights of devisees and legatees, as to the estates created, and as to the intention of the testator in the disposition of his property; and as to the probate and contest of wills. The third title "Executors and Administrators" takes up all questions as to administration of the estate of a decedent, commencing with the appointment and qualification of the executor or administrator, as the case may be, and treats the administration of both testate and intestate estates, pointing out such differences as exist between them throughout the title in the course of the discussion of the matters as to which the distinction exists. This title, "Executors and Administrators," takes up the questions relating to: The collection and distribution of the assets of the estate of the decedent; the title, powers, duties, and liabilities of an executor or an administrator; the appointment, qualification, and bonds of executors and administrators; the allowance and contest of claims against the estate; the payment of claims; actions by and against the personal representatives of decedents; and the accounting and discharge of executors or administrators.
Less Weil-Known Titles. While certain property titles relate to the most common transactions in every day life, such, for example, as the sale of real property ("Vendor and Purchaser"), the sale of personal property ("Sales"), the mortgage of real property ("Mortgages") or of personal property ("Chattel Mortgages"), or the barter and exchange of real or personal property or of both
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kinds of property ("Exchange of Property"), or the conveyance of real property ("Deeds"), or deal with such familiar things as "Abstracts of Title" and "Wills," others of the titles relate to matters of very much less frequent occurrence and on which it is sometimes very difficult to find any law. Abandonment or Loss of Property; Confusion of Goods. Suppose the owner of a horse makes up his mind that it is of no further use to him and tells another that it may as well be killed, whereupon such other person tells the owner that, if he will leave the animal in a certain place, he will either kill it or have it killed, but, instead of so doing, such persons sells the animal to another. Here is an odd state of facts, yet one which might arise at any time, and it is useful to know under just what title the decisions concerning it might be treated. The answer is "Abandonment," the question being whether the original owner of the animal lost his rights therein by abandonment. Suppose on the other hand, there having been no act of the parties indicating an abandonment, the animal is found by a person wandering upon the highway and is taken up by him and sold, then the right growing out of such impounding or taking up would be treated under the title "Animals," the animal being what is known in the terms of law as an estray. The rights and liabilities of the finders of personal property generally are treated under the topic "Finding Lost Goods." However, when a lost negotiable instrument is transferred by a finder, the question of what defenses to an action by the transferee to enforce It may be made is treated under "Bills and Notes," as is also the question of whether the want of ownership may be set up as against an action by the finder himself. Further, where an instrument in writing is lost or destroyed, proceedings to establish such a writing and to recover upon it as established are treated under the title "Lost Instruments," while proceedings to establish a lost record are to be found under the title "Records," and proceedings to probate a lost will are under "Wills." Further, secondary evidence of a lost writing is considered in the title "Evidence." However, where personal property is not
lost but by accident, negligence, or mistake is mingled with the like personal property of another so that it cannot be identified or distinguished, the title to examine is the title "Confusion of Goods."
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Accession. Where personal property is not lost, nor abandoned, nor confused with the goods of another, but, when rightfully in the hands of another, becomes the subject of the expenditure of skill and labor so that, while it remains in existence, nevertheless it has been made of a value entirely disproportionate to its original value, or where repairs to a chattel have been made which greatly exceed the value of the original chattel, then the question as to who is entitled to the chattel in its changed form is treated under the title "Accession." This title deals with personal property. As to real property the title "Improvements" should be compared. Adjoining Owners. Turning aside from personal property to real property, if it is supposed that two city lots lie side by side, the property of different owners, that one lies higher than the other, and that, after a hard rain storm, a portion of the upper lot slips over on the lower, then the rights of the parties, together with all other rights growing out of the ownership of lands contiguous to each other, such as to the property in trees located on the division line, lateral support, encroachments, and obstruction of light or air or a view, are treated in the title "Adjoining Landowners." But the title "Adjoining Landowners" does not include questions of boundaries between adjoining property, which are in "Boundaries," nor of rights and liabilities as to the construction of division fences, which are in "Fences," nor as to party walls, which are in "Party-Walls." Further, questions as to whether one adjoining owner by occupying a portion of the premises of his adjoiner for sufficient length of time can acquire title are treated in the title "Adverse Possession," as are all other questions of the possession of property so inconsistent with the title or possession of another as to ripen into, or constitute evidence of, title in the possessor. Again, rights of adjoining owners as to mines are considered in the title "Mines and Minerals," and questions as to surface waters or percolating waters in the title "Waters." Property and irrigation rights in water also are within the scope of the title "Waters," as for example, the property rights in water when frozen into ice.
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Taking of Property for Public Use. The taking of property for public use is treated in the title "Eminent Domain," which title considers the particular uses for which property may be taken, what constitutes a taking, the right to, and amount of, compensation, and the proceedings for ascertaining it. Proceedings for the establishment of highways are to be found in the tide "Highways" except where the highway is a street in an incorporated city, in which case the proceedings are treated in "Municipal Corporations." Damages to property by reason of the construction and operation of railroads, apart from questions as to such damages as amount to a taking for public use, are treated in the title "Railroads," while similar questions as to the construction of street railroads are discussed in the title "Street Railroads." The law as to a gift of property for public use is discussed in the title "Dedication." Fraudulent Conveyances. Dealings with property by the owner for the purpose of hindering or defrauding his creditors and placing it beyond their reach are taken up in the title "Fraudulent Conveyances" with the exception of such matters as relate to fraudulent conveyances as a ground for arrest (see the title "Arrest"), or for attachment (see "Attachment"), or proceedings supplementary to execution (see "Executions"), or of action by judgment creditors to subject property to their judgments (see "Creditors' Suits"). Conveyances by an individual, fraudulent as to her or his husband or wife, are treated under the title "Husband and Wife," while transfers by partners, fraudulent as to the partnership or individual creditors, are treated in "Partnership." The titles "Assignments for Benefit of Creditors," "Insolvency," and "Bankruptcy" take up questions of fraud in the transfer of property so far as they affect such particular proceedings. Improvements; Fixtures. A title which is somewhat akin to the title "Accession," but which relates to real property rather than to personalty, is the title "Improvements" which includes the rights and liabilities arising from the making of improvements upon real property by persons other than the owners of the soil. The title "Fixtures" deals with the question of whether improvements annexed to realty become fixtures, together with all other questions as to chattels affixed or annexed to real property and rights and liabilities with respect to such fixtures, which are extended to, or affected by, the existence of particular estates or interests in the real property.
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Loss of Title through Legal Proceedings. A number of the titles grouped under the heading PROPERTY have to do with divestiture of title through various legal proceedings. Prominent among these is the title "Executions" which deals with the levy on, or sale of, real and personal property by final process upon judgments in civil actions; the titles "Mortgages" and "Chattel Mortgages" which include the questions of foreclosure of mortgages upon realty and personalty, respectively; the titles "Liens" and "Mechanics' Liens" which deal with the foreclosure of liens generally and with the foreclosures of the liens of mechanics, materialmen, etc.; the title "Judicial Sales" which takes up the sale of property upon orders of the court as distinguished from sales upon execution; the title "Partition" which deals with the division of property, real or personal, between co!wners by mutual consent or by judicial proceedings; and the title "Escheat" which deals with the reversion of real or personal property to the state for want of persons legally competent to hold or take it.
CONTRACTS
The grand division CONTRACTS is designed first to include those titles having to do with rights and liabilities arising out of contracts and contractual relations which do not have particularly to do with persons in particular status or relationship or with particular kinds of property or estates or interests therein. These titles appear in the first three groups of the grand division (see post page 74). These groups are followed by a grouping of the titles relating to Particular Classes of contracts, and more specifically, titles relating to Bailments, to Carriers, to Employment, and to Insurance. The two other groups of titles in the grand division include titles relating to contracts By Persons or Corporations in Particular Status or Occupation, and to contracts Involving Particular Estates or Kinds of Property. The Main Title of the Group. The title "Contracts" obviously is the basic title of the grand division; but, although it is the foundation title, the search for law on a contract point should rarely start there. To understand the reason for this, it is necessary to remember what was said in the preceding paragraph and also to note the number of particular titles grouped under the grand division CONTRACTS. Nothing is left for the
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title "Contracts" but the statement of the general principles; the particular applications are in the particular titles. The searcher usually does not care to look up the general principles of contract law, but wishes rather to know particular applications of such principles; hence he goes first to the appropriate particular title. For example, a great deal of the law of bills and notes is purely general contract law and yet the person who had a case involving a question of a promissory note would not go first to "Contracts." Suppose it were a question of sufficiency of consideration for a note as between the parties. Any case would be in point which discussed the sufficiency of consideration of a simple contract, but, since a case involving a note, if upon the exact point would be of more persuasive authority, the search would naturally begin in that part of the title "Bills and Notes" which relates to the "consideration" of the instrument as between the parties. If no authorities sufficiently in point were found, then the search could be continued to the main title "Contracts," where general matter illustrating the sufficiency of consideration is collected and where such matter having been chosen from cases relating to all classes of simple contracts may so supplement the treatment in the special title as to give the searcher his desired point by analogy. This use of general titles as supplemental to particular titles should be understood and practiced, because it not only helps to an understanding of underlying principles but also develops leads to authorities in point by analogy when there are no pat authorities. Implied Contracts. The title "Contracts" deals almost entirely with express contracts. Several distinct titles are devoted to the great classes of implied contracts, more particularly to those which afford the basis of the common counts in assumpsit. These titles, such as "Money Paid," "Money Lent," "Money Received," "Use and Occupation," and "Work and Labor," are by no means limited, however, to matters concerning the procedure under the corresponding common counts and actions under the codes for the redress of the same rights to which the common-law counts were appropriate, but also contain much substantive law as to such rights. Illegal Contracts. When the question is whether a given contract is unlawful as in contravention of positive law or public policy, the rule that the search should start with the title, if any, particularly devoted to the particular kind of contract
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involved is not to be invoked. The main title "Contracts" takes up all questions of this nature, except contracts relating to particular kinds of property, which are the subject of specific statutory restrictions and regulations, such as "Intoxicating Liquors" and contracts specifically forbidden, such as gambling contracts ("Gaming"), and contracts violative of insurance laws ("Insurance"), etc. Discharge of Contracts. The general rules of law as to the manner in which a contract may be discharged are stated in the title "Contracts." There will be found a consideration of the discharge of contracts by performance, by breach, and by modification. There also will be found a discussion of rescission and of the right to rescind. Particular titles have been devoted to certain other means of discharge. These are "Accord and Satisfaction," "Compromise and Settlement," "Compositions with Creditors," "Novation," "Payment," and "Release." It is believed that the names of all of these titles are sufficiently indicative of the general nature of their contents to require no further explanation with the exception of "Accord and Satisfaction" and "Compromise and Settlement." The distinction originally drawn between these titles in the nomenclature of the law confined the first title to cases in which an undisputed claim is involved, while the second title related to claims which are in dispute. Another distinction lay in the fact that a valid compromise agreement might operate as a bar, although executory, while in the case of accord and satisfaction an unexecuted accord did not so operate. Neither of these distinctions is consistently followed, however, and yet there is not sufficient unanimity in the cases to permit them to be disregarded and the cases all treated under one title. As a result, the classification is determined by the view which the courts have taken of the transaction involved. If they have regarded it as an accord and satisfaction, then the case is treated under that title notwithstanding the accepted law of accord and satisfaction thereby is subjected to an infiltration of the law of compromise and settlement, and the same is true mutatis mutandis of cases relating to compromise and settlement. A third title, "Release," is closely akin to "Accord and Satisfaction" and "Compromise and Settlement," but a technical release must be in writing. Covenants. The word "covenants" has grown to be commonly associated with deeds, mortgages, and leases and with
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contracts of sale of realty. Hence it is of particular importance to remember that certain covenants are common to all of these instruments and transactions. Of these may be mentioned the usual covenants of title, seizin, and of right to convey, against encumbrances, for quiet enjoyment, for further assurance, and of warranty. The construction and operation of all of these covenants, the questions of what constitutes a performance or breach of them, and the measure of damages for breach, are treated in the title "Covenants." Hence it will be seen that that is a very important title. "Covenants" and not "Deeds," "Mortgages," "Leases," or "Vendor and Purchaser" should be consulted for these matters. Injunctions to enforce covenants as to building lines and as to the use of property, so far as questions of right to the particular remedy are concerned, are to be found in the title "Injunctions." Bailments and Carriers. Two important groups of the contract titles are those devoted to bailments and carriers. These groups it will be noticed contain, in addition to the general titles "Bailments" and "Carriers," particular titles devoted to "Depositaries," "Pledges," "Warehousemen," "Pawnbrokers," "Innkeepers," "Shipping," and "Aerial Navigation." The title "Pawnbrokers" has more to do with the public control and regulation of pawn brokerage as an occupation than it has to do with the purely bailment side of the transaction. "Pledges" is the topic in which are taken up questions of collateral security and transfers of personal property as security for debts or other obligations. "Carriers" is a very large title. It occurs in the CONTRACT grand division, but is also properly placed in the TORT grand division, since the liability of a carrier, whether based upon a theory of contract or of tort, is considered in this title. Street car companies as well as railroad companies are considered in the title so far as their acts as carriers are concerned. The titles "Railroads" and "Street Railroads" relate to other rights, duties, and liabilities of such companies. Carriage by water is treated in the title "Shipping," and carriage by air in "Aerial Navigation," these forming exceptions to the rule that all questions as to carriage are to be found in the title "Carriers."
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TORTS
While causes of action arising out of tort furnish a very great part of the litigation which demands the attention of the courts, the distinct torts which may, to good advantage, be made the subjects of particular titles devoted exclusively thereto are comparatively few in number (see Law Chart post page 76). The reason is that ordinarily some question as to the person either of the tort-feasor or of the one against whom the tort is committed, or some question as to the particular property employed in, or injured by, the wrong rather than the act itself which is involved, determines the title under which the tort shall be considered, and draws it to the title which is devoted generally to such particular kinds or classes of persons or property. Thus questions of capacity of an infant, an insane person, or a married woman to commit a tort are considered in connection with other questions relating to such persons in the titles "Infants," "Insane Persons," or "Husband and Wife," rather than in the general title "Torts" or in any title devoted entirely to the specific kind of tort which may happen to be involved. So torts affecting particular classes of property, as, for example, animals or crops, will be found treated in the particular titles treating of such property ! in the instances given, in "Animals" or in "Crops." The General Title. "Torts" is the basic title of the grand division TORTS, but it is closely limited to a discussion of the most general principles. In fact the title is confined to a statement of the nature and elements of torts, and the distinctions between torts and crimes, and torts and contracts; to a consideration of motive and intent, of proximate and remote causes, and of the parties to torts including joint and several liability. Negligence. Negligence may be termed a "particular tort," and the title "Negligence" is classed as a particular title in the tort group, yet it is almost as much a general title as is the general title "Torts" itself. In this title as in "Torts," it will be observed that only the general principles are discussed, the specific applications of these principles being left to particular titles. Chapters are devoted to the elements of negligence and the degrees thereof and to care required and liability for negligence in general, more particularly as to licensees, trespassers, invitees, and children, and as to particular instrumentalities
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and places which are not discussed in other and more specific titles. The title further contains a discussion of the doctrine of proximate cause as applied to negligence, and of the doctrines of contributory negligence, and of imputed and comparative negligence. It also contains a general statement of the adjective law as to negligence including questions of pleading, of presumptions and burden of proof, "res ipsa loquitur," of the admissibility of evidence, of the province of court and jury, of instructions, and of review. Of all of these matters, it should again be stated that they are considered only with reference to questions of negligence generally. Questions as to particular acts of negligence are treated in particular titles. For example, the title "Carriers" contains all of the law which particularly relates to the negligence of a carrier of passengers toward a passenger, and the title "Master and Servant" contains all the law which particularly relates to the liability of a master for negligence toward his employee. Fraud. Of the other titles devoted to particular torts, "Fraud" is one of the most important. This title takes up the nature and elements of fraud generally, more particularly as a foundation of an action for damages, such as the common-law action of deceit. It should be noted that fraud invalidating any particular act or transaction is treated in connection with the general discussion of such particular acts or transactions. For example, fraud invalidating a contract generally is treated in "Contracts;" fraud invalidating a sale of goods in "Sales;" fraud invalidating a sale of land in "Vendor and Purchaser;" fraud invalidating a deed in "Deeds;" and fraud invalidating a mortgage in "Mortgages." Further, fraud as a ground for granting or denying certain forms of relief is discussed in the titles devoted to such forms of relief, as for example, "Cancellation of Instruments" or "Specific Performance." Nuisances. An important tort title which has to do with the use of property is that devoted to "Nuisances." This title contains also a discussion of nuisances as a crime and also of injunctive relief against nuisances. It excludes several important particular forms of nuisance, such as obstruction of streets and highways (see "Municipal Corporations" and "Highways"), construction and operation of railroads (see "Railroads" and "Street Railroads"), and liquor nuisances (see "Intoxicating Liquors"). Death. Actions for causing death, whether based upon the common law or upon
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Lord Campbell's Act and statutes of like
type or other specific statutes, are treated in the title "Death." Herein will be found a discussion of the right of action, the grounds therefor, the beneficiaries, the defenses, jurisdiction, parties, pleading, evidence, trial, and damages. This title does not take up the question of the intrinsic wrongfulness of the act or default causing death, which is treated in "Negligence" and particular titles such as "Carriers," "Master and Servant," "Railroads," etc. Conspiracy. This title takes up both the civil and the criminal liability for unlawful combinations. It does not, however, take up questions of injunctions against conspiracies, which questions are treated in "Injunctions." A most interesting part of the discussion of the civil liability for conspiracy is that devoted to a consideration of strikes and boycotts. In this title will be found also a consideration of combinations of employers against employees, of combinations to prevent others from obtaining or retaining employment, and of combinations to procure breaches of contracts. The criminal liability for like acts, so far as it is existent, is treated in the portions of the title which are devoted to conspiracy as a crime. Carriers, Railroads, Street Railroads. While these titles, "Carriers," "Railroads," and "Street Railroads," cannot in any sense be classed as exclusively tort titles, they contain a great amount of tort law. For example, actions in tort against carriers for neglect, delay, or loss in transportation of goods, passengers, or of passengers' effects, will be found in the title "Carriers," while in "Railroads" will be found the tort actions for the negligent or wrongful operation of railroads, including actions for accidents at highway crossings or for injuries to persons on or near tracks, and liabilities for failure to fence, failure to provide outlets for water, failure to provide cattle guards, for killing animals, setting fires, etc. "Street Railroads" takes up analogous cases growing out of the operation of street railroads. Other Particular Torts. Certain titles devoted to other particular torts are so listed upon the Law Chart (see post page 76). The names of these titles are believed to be sufficiently self-explanatory, for example, "False Imprisonment," "Forcible Entry and Detainer," "Libel and Slander," "Malicious Prosecution,"
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"Rape," "Seduction," "Trespass," and "Trover and Conversion." Torts and Crimes. It may happen that the same kind of act may constitute a wrong both to an individual and to society !
may be both a tort and a crime. A good illustration of this may be found in the civil and the criminal liability for an assault and battery. When this occurs, the titles dealing with the particular kind of wrongful act must contain a separate discussion of the civil and criminal liabilities; among such titles may be mentioned "Assault and Battery," "Conspiracy," "Extortion," "Forcible Entry and Detainer," "Libel and Slander," "Nuisances," "Rape," and "Seduction." "Fraud" and "False Pretenses" are treated in separate titles, although there is an underlying similarity in the elements of the tort and of the crime. "Fraud," it should be noted, however, contains some discussion of a few statutory criminal frauds not constituting "False Pretenses."
CRIMES
The Grand Division CRIMES is subdivided into two subheads, "Criminal Law and Procedure" and "Particular Crimes." All matters peculiar to each particular crime listed under that subhead are treated in the title devoted thereto, while all matters common to various crimes and their prosecution are discussed in the titles in the "Criminal Law and Procedure" group. Contents of Title "Criminal Law." The title "Criminal Law" contains questions as to: Principals, Accessories, and Abettors; Jurisdiction and Venue; Bar of Prosecution by Statutes of Limitation; Former Jeopardy; Examination before Committing Magistrates; and Summary Trials. Municipal Corporations contains a treatment of prosecutions for violation of Municipal Ordinances. Questions of Confessions, Accomplice's Testimony, Evidence of Other Crimes and matters of Judicial Notice are in the title "Criminal Law," and questions as to Expert and Opinion Evidence arising in criminal prosecutions. Titles "Juries" and "Witnesses." Since a jury in a criminal case is usually secured in substantially the same manner as is a jury in a civil case, the manner of impaneling a jury and the selection and qualification of jurymen are treated in
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the title "Juries," as are questions as to the right to trial by jury. In the title "Criminal Law," however, will be found all general questions relating to the conduct of trials to a jury in criminal cases, the respective functions of the court and jury, the necessity and requisites of instructions to juries, their custody and conduct dur-
ing the trial and pending their deliberation upon a verdict, the form, rendition, and validity of their verdict, judgment and sentence thereon, and new trial and review by appeal or writ of error. Questions of law as to witnesses are usually governed by the same principles in both civil and criminal cases; hence all questions as to witnesses in criminal trials are treated in the title "Witnesses." Consult the title "Witnesses" when investigating the method of procuring the attendance of the witness in a criminal case, his qualifications, his examination and cross-examination, impeachment and rebuttal, privileged communications, the right of the witness to refuse to answer questions which tend to degrade or incriminate him, and the matters bearing on the credibility and weight of his testimony. From Commission of Grime to Final Disposition of Criminal. Taking a criminal case then, from its beginning it may be said: 1. That the capacity to commit crime and criminal responsibility are treated in "Criminal Law." 2. That the nature and elements of particular crimes are specifically treated in special titles or portions of titles devoted thereto. 3. That the indictment or information upon which the criminal is to be tried in so far as general principles are concerned is treated in the title "Indictments and Informations," but that matters peculiar to particular crimes are treated in particular titles relating to such crimes. 4. That the grand jury by which the indictment is returned is discussed in the title "Grand Juries." 5. That the arrest and admission to bail of the accused are in two separate titles, "Arrest" and "Bail," and finally that other matters sufficiently indicated by the names of the titles are treated in "Convicts," "Prisons," "Reformatories," and "Pardons."
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REMEDIES
The titles in the grand division REMEDIES are numerous; for each step which the lawyer must take in securing redress for his client in a civil action or proceeding, there is a corresponding title. For example, the searcher may determine what form of action or proceeding he will employ by a consultation of the title devoted to the particular form of action or proceeding which he has in mind. He will settle questions as to jurisdiction and as to the powers of particular courts by reference to the titles "Courts," "Federal Courts," and "Justices of the Peace." He will learn whether he may proceed in equity by a reference
to the title "Equity" and the titles devoted to particular forms of equitable relief, such as "Injunctions," "Specific Performance," "Cancellation of Instruments," etc. He will learn how to get the defendant into court, how to plead, and whom to make parties from the titles "Process," "Pleading," and "Parties." He will learn whether he can stay in court from such titles as "Abatement and Revival" and "Dismissal and Nonsuit." He will learn whether his action is in time from "Limitations of Actions." He will learn whether he can be made to come to trial or can force his opponent to trial from "Continuances." He will be able to settle questions as to the selection and impaneling of the jury from "Juries." The conduct of the trial itself forms the subject of the title "Trial." His means and methods of proof are taken up in "Evidence," "Witnesses," "Depositions," and "Discovery." After trial comes the making or meeting of a motion for a new trial which is created in "New Trial." Then he will find titles devoted to the judgment ("Judgments") and the enforcement of the judgment or order ("Executions," "Judicial Sales," and "Contempt"). Methods of securing a review in the court in which the proceeding is had are taken up in "Review," while review in higher courts is treated in "Appeal and Error" and "Certiorari." Questions as to damages are in "Damages," and the right to, and the items of, costs in "Costs." This enumeration will serve to give a working idea of the scope and importance of the titles in the REMEDIES grand division, although it by no means mentions them all and attempts nothing but the most general indication of the contents of those which it does mention. In the following paragraphs a more detailed
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consideration will be given to some of them. Actions. The title in which are considered the nature and elements of a cause of action, and the general questions as to the nature and form of the remedy by action, is "Actions." Herein will be found a discussion of such questions as "Damnum absque injuria" and "Injuria sine damno;" also such questions as those relating to the waiver of tort and action on contract and to the merger of civil and criminal liability for wrongs. Likewise there will be found in the title a discussion of the exclusiveness of the remedies which may be specifically provided by statutes applicable to particular circumstances. In this title also the different common-law forms of action are compared and distinguished, and the effect of the codes and practice acts of the various states thereon is considered. A very important discussion is devoted
to questions as to the right to join distinct causes of action. Other parts of the title relate to the splitting, to the consolidation, and to the severance of actions. Stay of proceedings because of the pendency of another action is also treated therein. Abatement and Revival. The title "Abatement and Revival" takes up many very interesting, and sometimes difficult, questions as to the putting of an end to an action or proceeding which is not properly in court. Perhaps the most important part is that devoted to the effect of the death of a party upon a pending action, and to the abatement or survival of actions or proceedings or causes of action, and to the revival or continuance of actions or proceedings. Other sections are devoted to other matters which may be urged as a ground for abatement, such as Objections to Jurisdiction; Another Action Pending; Defects and Objections as to Actions, Proceedings, and Parties; Transfer or Devolution of Title, Right, Interest, or Liability. The final portion is devoted to Presentation and Waiver of Grounds of Abatement In General. Dismissal and Nonsuit. This title, "Dismissal and Nonsuit," includes questions of the involuntary or voluntary termination of a civil action before final adjudication. It does not include the dismissal of an appeal or writ of error which
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is taken up in "Appeal and Error" nor nonsuit because of failure of proof (see "Trial"). Neither does it contain matters which relate to the dismissal of particular writs or proceedings and which are treated in the titles discussing such writs or proceedings. Trial. Broadly speaking, the title "Trial" takes up the proceedings in a civil action from the time the jury is impaneled or the hearing entered on until the verdict has been received or the findings of the court made when the trial is by the court. It also takes up certain preliminary matters such as notices of trial, dockets and calendars, appointment of interpreters and stenographers, etc. Here will be found such questions as those relating to the presence of the judge and his conduct, and the presence and conduct of the public, questions as to the right to open and close, as to experiments and tests, as to views and inspections, and as to the reception of evidence. Also here will be found the matters relating to the order of proof, the laying of a foundation for particular evidence, rebuttal evidence, number of witnesses, and the withdrawal of evidence; also objections, motions to strike out, and exceptions to rulings on motions and
objections. Argument and conduct of counsel in civil actions are also discussed in "Trial." Taking Case from Jury; Directing Verdict. The question of what are questions of law and what are questions of fact as determining the necessity or propriety of submitting such questions to the jury in civil actions is discussed in "Trial." So, also, are questions as to when a demurrer to the evidence, a motion to dismiss, or for a nonsuit for failure of proof, or a motion for a directed verdict ! as the particular local practice may be ! may be sustained, together with the form and requisites of such motions, the time for making them, and the procedure thereon. Instructions. The instructions to the jury present many mixed questions of substantive and adjective law. Their form, objections to them, requests, etc., are matters of adjective law; but whether the law is correctly stated involves substantive law. The adjective law of instructions is treated in the title "Trial," and it affords a very important portion of that title, in which the subject is considered, beginning with the definition of instructions and continuing through
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to questions of exceptions and objections to the giving or refusal of instructions. It is here that one should look for the answers to questions as to the language and style in which instructions shall be drawn, as to the necessity of certainty and particularity, as to the necessity that instructions apply to the pleadings and the evidence, as to the effect of ignoring or excluding issues or theories, as to instructions which are objectionable as charging upon the weight of the evidence or influencing the jury as to matters of fact, as to the propriety of summing up evidence, as to the right to assume facts or to instruct as to inferences from evidence. So, also, there will be found here answers to questions as to the propriety of comments of the trial judge upon the merits of the cause or the conduct of the parties, or as to the giving of undue prominence to particular matters, or as to the repetition of charges of the same kind, or as to charges appealing to sympathy or prejudice. All of these matters, together with other matters as to the form and elements of instructions, will be found in "Trial." Again, still from the point of view of practice, the title "Trial" takes up the question of requests for instructions, including the power of the court to instruct without request. In this connection are considered questions as to the necessity for, the time of making, the form and requisites, and the allowance
or refusal, of requests, together with the modification of requested instructions and the giving of them in different form. In the title "Trial" also will be found a consideration of the so-called cautionary instructions or the instructions which do not strictly relate to the substantive law involved in the case but which state the rules as to the conduct and deliberation of the jury and inform them as to the manner in which they are to conduct their deliberations, weigh the evidence, and test the credibility of witnesses. The discussion of cautionary instructions is followed by a consideration of whether instructions must be in writing and as to what is a sufficient writing, as to formal matters, such as signing, sealing, numbering, and notations, and as to the way in which instructions shall be given. A further important discussion in this title relates to the construction and
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operation of instructions, including questions as to whether instructions are to be construed as a whole and as to whether errors may be cured by the withdrawal or correction of instructions. Conduct and Deliberation of Jury. While the questions as to the competency of jurors, the manner in which they shall be selected and chosen, and other matters up to the time at which the jury is sworn are treated in the title "Juries," all questions arising in civil cases as to the attendance, custody, conduct, and deliberation of the jury from the time of their impaneling and oath until they deliver their verdict and are discharged will be found in "Trial." This title is the title in which to look for questions as to whether the jury may separate, as to what is the effect of their going to look at the premises involved without permission of the court, as to the effect of the misconduct of the parties, their relatives or friends, or of counsel, or of the trial judge, as to the right of jurors to take papers or articles to the jury room, as to whether they can apply their personal knowledge to the determination of the issue, as to whether they can make experiments, or as to whether they can come to an agreement after leaving the verdict to chance. Here, also, will be found the questions as to the right of the court to give the jury further instructions, as to the extent to which the court may go in attempting to coerce the jury into an agreement, as to the right of the court to communicate with the jury, and as to the necessity of presence of counsel at such times.
Verdicts and Special Findings. The title "Trial" takes up all questions as to the form and sufficiency of the verdict in civil actions and as to special findings and interrogatories. Here will be found the answers to questions as to the preparation and formulation of the verdict, the form and language in which it shall be drawn, the right to amend it, the construction and operation which shall be given it, the way in which it shall be rendered to the court and received, the right to poll the jury, and the way in which the poll shall be taken. So, likewise, the title "Trial" contains the answers to questions as to the right to ask special findings, what
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questions may be submitted for special findings, the sufficiency of the answers thereto, their construction and operation and amendment. Trial by Court. While necessarily the greater number of the cases which are cited in the title "Trial" relate to the trial of a civil action to a jury, the title is not confined to trials of that nature, but considers all questions arising as to trials by the court without a jury. It is here that findings of fact and conclusions of law are treated; also questions arising upon submission of causes of action upon agreed statements of facts or stipulations. Here, also, are treated questions of the reception of evidence when the trial is by the court. Judgments. The main title "Judgments" contains a description of the various kinds of judgments, such as judgments by confession, judgments by consent, judgments by default, judgments on motions, and judgments on the trial of issues, the nature and record of such judgments, the amendment and correction thereof, and proceedings to open or vacate them. A very important portion of the title "Judgments" is devoted to equitable relief against judgments which is ordinarily obtained through the means of an injunction against the enforcement of the judgment. Other important parts are those devoted to a discussion of the right to attack a judgment collaterally, including the grounds for collateral attack and what is regarded as constituting collateral attack, the part relating to former recovery as a merger or bar of other causes of action or defenses, the sections relating to the matters and persons concluded by adjudications together with the conclusiveness of judgments in particular classes of actions or proceedings, and the sections relating to the lien of judgments which discuss the nature and creation of a judgment lien, the time at which it attaches, the property or interests which it affects, its duration, suspension, and
release, and the priority existing between judgment and other liens. Questions relating to the assignment of judgments; to suspension, enforcement, and revival of judgments; and to the payment, release, and discharge of judgments, including the right of set-off, form the subject matter of other separate treatments. The nature and form of actions upon judgments and the manner in
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which a formal adjudication may be availed of as an estoppel are also discussed and a separate treatment is devoted to foreign judgments. Here are considered questions both as to the judgments of courts of other states of the United States and questions as to judgments rendered by courts of foreign nations, the treatments being kept separate. An important part is the discussion of how far the court of one state will inquire into the jurisdiction of another state in which a judgment sued on has been rendered. Appeal and Error. Almost every case which is decided by a court of appeal contains in it some question of appellate practice. This accounts for the great size of the title which in any work attempting to cover all of the law must be devoted to "Appeal and Error" and this is true although "Appeal and Error" contains no questions of the review of criminal cases, those being taken up in the title "Criminal Law," and although it does not take up questions of appeals to the lower courts of record from judgments of the justices of the peace, such matters being considered in the title "Justices of the Peace." While it is impossible in a limited space to give a summary of the contents of "Appeal and Error" which is even moderately comprehensive, attention may be called particularly to certain parts thereof, such as the sections devoted to the requisites and proceedings for the transfer of the cause to the appellate court, which include the time for taking and procuring an appeal, the application for, and allowance of, the appeal, the bond or the security, notice of appeal, entry or docketing of the appeal, and appearance in the appellate court. Other parts which may be mentioned particularly are that which is devoted to the assignment or specification of errors or grounds of appeal, and that which is devoted to briefs, which takes up their form and requisites, the service of briefs, their filing, and the cure of defects therein. Finally there may be selected from the other important sections of this title that part which relates to review; this takes up such matters as the scope and extent of review, the review of interlocutory and collateral proceedings, the question of what
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parties may allege error, and the estoppel of parties to allege errors, questions of whether the appellate court may try the case de novo or may demand additional proofs, questions as to what presumptions exist on appeal which affect the review, questions as to the review of matters of discretion and what are such matters, questions as to the review of matters of fact and questions as to what errors are prejudicial, or, in other words, whether harmless or not. The final sections of this part of the title are devoted to a consideration of review where there has already been a review upon a former appeal, the question of how far the decision upon such review is the law of the case, and questions of review on cross appeals, parties concluded, and the particular questions concluded. Other Titles Relating to Procedure. It is impossible here to go further into details as to even the more prominent titles relating to procedure. Fortunately the nomenclature of procedure is well established and the searcher thinking of his question by the name of the particular step involved will ordinarily have no difficulty in finding the appropriate title treating thereof. Particular Remedies and Forms of Relief. For every distinct form of relief or distinct form of action there is an appropriate title. Thus each one of the common-law writs has a title devoted to it, as has each particular form of equitable relief, and each common-law action. In Connection with Titles Dealing Principally with Substantive Law. Whenever the practice which attends the enforcement of any particular substantive right is different from that attending the enforcement of civil rights in general, that practice is treated in connection with the discussion of the substantive right. For this reason in almost all of the titles will be found parts relating to procedure in which are discussed those questions of pleading, evidence, trial, judgment, review, etc., which are different from questions of pleading, evidence, trial, judgment, review, etc., generally, because of the fact that they relate to the subject matter of the particular title.
GOVERNMENT
The titles in the grand division GOVERNMENT are those which relate to those questions of organized society with which the lawyer has to deal as a lawyer rather than as a student of politics or of sociology.
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Constitutional Law. Questions as to the fundamental law of the land are taken up in the title "Constitutional Law." It contains a discussion of the methods of establishing and amending a constitution, whether state or federal; questions as to the construction, operation, and enforcement of constitutional provisions, including the persons entitled to raise constitutional questions and the effect of declaring statutes unconstitutional; questions as to the distribution and delegation of governmental powers and functions; and questions as to the existence, scope, and limitations of the police power. Other headings in this title which will be recognized at once as indicating the inclusion of matter dealing with familiar constitutional rights and guaranties, are: Personal, Civil, and Political Rights; Vested Rights; Obligation of Contracts; Retrospective and Ex Post Facto Laws and Bills of Attainder; Privileges or Immunities and Class Legislation; Equal Protection of the Laws; Due Process of Law; and Right to Justice and Remedies for Injuries. It will be noted that there is no discussion devoted to the right to trial by jury, which topic is considered in "Juries," nor to privileges from searches and seizures, which is in "Searches and Seizures." So also, the right to habeas corpus is considered in "Habeas Corpus," the qualifications for, and the right of, suffrage are in "Elections," and matters relating to interstate commerce in "Commerce." "Eminent Domain" is the title wherein is considered the taking of property for public use and compensation therefor. Statutes. Questions as to the enactment of written laws and constitutional requirements as to their enactment and form, such as to their entitling or as to their general or special character, will be found treated in "Statutes." This title also contains a consideration of the rules of construction applicable to statutes and the pleading and evidence of statutes. Treaties. The title "Treaties" takes up treaty making power, the binding effect of treaties, and the making and termination of treaties generally. Certain specific treaty provisions are taken up in other titles, such as those relating to "Extradition" and "Public Lands." Treaties and engagements with Indian tribes are taken up in "Indians." Other Sources of Law. The title "Common Law" is devoted to a definition of the title and a discussion of the sources of the American common law, the extent of the adoption and applica-
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tion of the common law and evidence and presumptions as to the common law. "Customs and Usages" takes up usages which have obtained the force of law and also trade usages. "International Law" is the title in which is considered generally the existence and scope of a law of nations. Several other titles touch more or less on international law. Among them may be mentioned "Treaties," "Ambassadors and Consuls," "Aliens," "Neutrality Laws," "War," and "Extradition." Political Bodies and Divisions. The title "United States" contains matters relating to the government of the United States, the distribution of powers, the powers and duties of congress, the president, and officers, agents, and employees, property, contracts, and fiscal management of the United States, claims by and against, and actions and proceedings by and against, the United States. The scope of the title "States" conforms to that of the title "United States" except that it is the state government which is under consideration. Other titles relate to the minor governmental subdivisions, such as "Counties," "Towns," "Schools and School Districts," and "Municipal Corporations." The latter is, however, worthy of more extended mention. Municipal Corporations. The constantly widening field of municipal activities and the remarkable increase in the city dwelling population in the United States during the last few decades have caused the growth of a correspondingly more and more important body of law dealing with the government, powers, finances, rights, and liabilities of municipal corporations. Outside of such general titles as "Appeal and Error," "Evidence," "Criminal Law," and "Corporations" probably no title receives a greater contribution of decisions yearly from the courts. From this, it results that a very refined analysis is at times necessary to render all of the precedents accessible, but a brief consideration of the chapter headings will give ready grasp of the scope of the matters which are included within the title. After a preliminary chapter upon Definition and Status is taken up the Creation, Alteration, Incidents, Existence, and Dissolution. In this chapter are considered such matters as annexation and consolidation of territory, the amendment, repeal, or forfeiture of city charters, the power to create a municipal corporation, the classes and grades of corporations, the creation of corporations by special charter or under general laws. Attacks upon the
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validity of incorporation and effect of defective incorporation are also treated in this chapter. Then comes a chapter devoted to the Powers and Functions Generally, this being a general chapter taking up only generally applicable principles, leaving the consideration of several of the more important powers and functions to be made the subject of later chapters. This chapter on powers and functions is followed by one on Police Powers Generally and one on Exercise of Powers Generally and by chapters on Legislative Control and Supervision, on Judicial Supervision of Powers Generally; Determination of Reasonableness of Action; on Particular Powers and Regulations; and on Violation and Enforcement of Ordinances and Regulations. The Governing Bodies and Their Proceedings are next considered, herein being taken up such matters as the members, meetings, and deliberations of councils, boards of aldermen, or other governing bodies, including questions as to quorums, voting, tie votes, committees, minutes, and records. The Ordinances, Resolutions, and By-Laws of municipal corporations form the subject of the next chapter. An analogy will easily be noticed between this chapter and the general title "Statutes." This chapter takes up the acts of the municipal governing body in much the same way as the title "Statutes" takes up the acts of the legislatures of the states or of the United States. A very large chapter follows this which is devoted to Officers, Agents, and Employees and Municipal Departments. In this chapter will be found discussed such matters as police and firemen, and other departmental agents and employees, among which may be mentioned the agents and employees of the departments of health, streets and sewers, water, light, parks, education, etc. It is in this chapter that will be found matters relating to civil service, removal, compensation, pensions, etc. We now come to chapters specifically devoted to Torts, to Property, to Contracts, to Municipal Expenses, to Public Improvements (including damages and assessments), to Use and Regulation of Public Places, Property, and Works, to Fiscal Management (including bonds, sinking funds and taxation), to Claims against Municipality, to Actions, and to Criminal Responsibility. Local Improvements. The title "Municipal Corporations," as has been noted, takes up many questions as to the construction of what are commonly termed "local improvements," the expense of which is ordinarily defrayed by assessment upon the
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district or territory specially benefited. For example, in "Municipal Corporations" are taken up the questions as to the construction of municipal buildings, sewers and drains, parks, the establishment and change of grade of streets, the opening thereof, and the construction of sidewalks and crosswalks. Herein will be found a discussion of the preliminary proceedings, ordinances, or resolutions, authorizing such improvements, the making, validity, and construction of contracts therefor, the appraisal and award of damages to property injured and the assessments for benefits and special taxes, together with the enforcement thereof. However, local improvements are not necessarily constructed by cities, but are oftentimes constructed by other municipal or quasi municipal corporations which are considered in other titles. For example, the opening, improvement, and maintenance of public highways, other than city streets, is treated of in the general title "Highways." Likewise matters relating to the drainage and reclamation of swamp and marsh lands by drains established by public authority, including questions as to the establishment, powers, and liabilities of drainage districts, the location and construction of drains and assessments and special taxes therefor, are taken up in the title "Drains." The title "Levees and Flood Control" takes up the almost converse proposition of protecting by public authority land from overflow and the duties and functions of levee districts, boards, and officers, the construction of levees, and assessments and special taxes. Other titles, which have to do in some way with local improvements which may be mentioned, are the titles "Bridges," "Canals," "Ferries," and "Turnpikes and Toll Roads." Officers. The basic title in the group of titles relating to public officers is, as its name implies, "Officers." This title takes up all general questions relating to the appointment to public office and the qualification and tenure of officers. It also takes up questions as to de facto officers, the title to office and the rights, powers, duties, and liabilities of officers together with general questions as to official bonds. Many other titles have to do with particular officers. For example, titles are devoted to "Sheriffs and Constables," "Coroners," "United States Marshals," "Attorney General," "District and Prosecuting Attorneys," "Court Commissioners," "United States Commissioners," "Detectives," "Judges," "Justices of the
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Peace," "Clerks of Court," "Notaries," and "Registers of Deeds." In addition, minor county officers are discussed in "Counties" and city officials, as has been already noted, in "Municipal Corporations." Matters relating to highway officers are in "Highways," and so also the boards and officers having particularly to do with levees, drains, etc., are considered in the titles specifically devoted to such improvements. Military and naval officers fall within the scope of "Army and Navy" and "Militia." Officers of private corporations are considered in the title "Corporations." The conduct of elections for the choice of public officers, primary elections, nominating conventions, ballots, polling of votes, qualifications of electors, determination of results, and contests are all matters falling within the scope of the title "Elections." On the other hand, proceedings by way of quo warranto to try the title to office are considered in "Quo Warranto." Bribery of public officers is in "Bribery," and use of office to exact illegal payments is in "Extortion." Finally, the use of the writ of mandamus to compel the performance of official acts is taken up in "Mandamus." Justices of the Peace. Of the titles relating to particular officers "Justices of the Peace" is worthy of mention for its peculiarly inclusive character. In this title are taken up all questions as to the appointment, qualification, and tenure of such officers, their rights, duties, and liabilities, their civil jurisdiction and authority, all questions of procedure in civil actions peculiar to the practice before justices of the peace, even though there are particular titles devoted to such questions of procedure as arising in courts of record, for example, questions as to venue, process, appearance, provisional remedies (such as arrest and bail, attachment and garnishment), pleading, trial, judgment, execution, appeal and error, certiorari, including trial de novo on appeal. Criminal proceedings before a justice of the peace as a committing magistrate or summary trials of minor offenses before justices are, however, not treated in "Justices of the Peace" but are considered in the title "Criminal Law." Some other functions of justices of the peace are also taken up in particular titles as where the question is as to the authority to administer an oath (see "Oaths and Affirmations"), to take depositions (see "Depositions") or acknowledgments (see "Acknowledgments") or affidavits (see "Affidavits"). In "Mar-
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riage" the authority of a justice of the peace to perform a marriage ceremony is considered. Revenue. The most important titles devoted to revenue are "Taxation," "Internal Revenue," and "Customs Duties." The most general of these titles is "Taxation" which takes up the nature and extent of the taxing power in general, together with the constitutional requirements and restrictions relating thereto, the liability of persons and property to taxation and the places at which such persons shall be taxed. It further takes up the questions of levy and assessment of taxation, the lien, and enforcement of taxes, tax sales, deeds and titles generally, and the disposition of taxes when collected. It also takes up questions arising as to legacy and inheritance taxes, other than those imposed by the United States government, and taxes upon stock transfers. The title "Internal Revenue" takes up all questions as to taxes imposed by congress with the exception of duties on exports and imports, as for example, questions arising with reference to the federal income tax, to various federal stamp taxes, and taxes on specific articles, such as tobacco, liquors, etc. It also takes up the powers and duties of internal revenue officers and agents. "Customs Duties" is the title which discusses taxes upon imports and exports imposed by congress and questions arising with reference to such taxes. The titles mentioned in the preceding paragraphs are the most general titles relating to revenue. However, much of the law relates to taxes imposed by local authority, such as cities, towns, school districts, etc. These questions are treated in the particular titles relating thereto, such as "Municipal Corporations," "Towns," and "Schools and School Districts." It must also be remembered that, as has been stated in an earlier paragraph relating to local improvements, assessments for local improvements are treated in connection with the title relating to the particular kind of improvement or the particular governmental agency responsible therefor.
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III.
FINDING THE DISCUSSION
Having settled upon the right title, the next step is to examine the title for the point. In the case of a title in Corpus Juris Secundum, do this by the use of the Index to the title which is contained in the back of the volume. In the case of a title in Corpus Juris, do this by the use of the Descriptive-Word Index for the entire set, consulting the title heading in the Index. In case the point is not found in this way, consult the analysis at the beginning of the title which shows the analytical structure of the title and is intended to aid a searcher to understand the orderly arrangement of the title according to principle rather than by fact or specific propositions of law.
IV. COMPLETION OF THE SEARCH

After having found the place in the title where the problem is discussed, it is necessary to bring the search down to date by a check for later decisions through the use of the Pocket Parts in the case of Corpus Juris Secundum and by the Annual Annotations in the case of Corpus Juris. These will be explained in the following descriptions of Corpus Juris Secundum (see page 40), and of Corpus Juris (see page 44).
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V. CORPUS JURIS SECUNDUM

Corpus Juris Secundum is a legal encyclopedia which will cover the entire field of the law of the United States. It is published by the American Law Book Company, the publishers of Corpus Juris and its predecessor the Cyclopedia of Law and Procedure. The first volumes have appeared and others are following as rapidly as is consistent with the magnitude and importance of the publication, and with accuracy and thoroughness of preparation. Corpus Juris Secundum is a modern encyclopedia in every sense of the word. It is based on modern law and it adopts the most modern methods of preparation, presentation, and supplementation. It also continues the distinctive features of Corpus Juris as enumerated in the description of that work in the following chapter, page 42. The problem which the publishers have been faced with is the one which becomes more and more difficult each year, that is, to render the enormous and rapidly growing volume of the case law of the United States usable; in other words, to render the precedents contained in such case law available quickly and completely. This task has been lessened to a degree allowing it to be approached with some confidence of success by the fact that Corpus Juris has been completed. This work, a precursor of Corpus Juris Secundum, is a statement of all the law of the United States, supported by a citation of all of the cases which had been decided prior to the date of publication of its several volumes. It is a complete and thoroughly executed work and is in the hands of thousands of practicing lawyers. In fact, it has met with such widespread success and general
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acceptation that it frequently has been referred to as the "Lawyer's Bible." Because of the thoroughness with which this work has been done it would be an economic waste to tear it apart and do it once more from the beginning in order to incorporate the cases and changes which have come into the law since its publication, and yet these cases and changes make a new text essential in many of the titles of the law, make necessary restatements of considerable portions of the text in many other titles and make
necessary the citation of many new cases in all titles. However, since a great portion of the physical bulk of any complete legal treatise consists in the space given to the citation of authorities, it was apparent that if a modern up-to-date treatise could be prepared which could give access to all of the cases contained in Corpus Juris, could relate all of such cases to the new cases, could state all of the law, note all the changes, and discuss all of the new problems, and still not reprint all of the old citations, there could be an enormous saving in bulk and in cost to the profession and at the same time a preservation of the investment made in Corpus Juris by its subscribers. This was the problem. The solution is Corpus Juris Secundum. Corpus Juris Secundum is a complete restatement of all of the law of the United States. It supports each statement by authority. This authority is, where there are cases later than the date of the corresponding Corpus Juris treatise, a citation of all of such cases and a reference to Corpus Juris volume, page, and note for the old cases. Where there are no new cases, but the statement in Corpus Juris is still the law, that statement is made a part of the restatement and the cases in Corpus Juris are cited if only one or two in number, or, if more numerous, one or two sound authorities are cited and reference is made to the Corpus Juris title, page and note, for the rest. The result of this plan is to enable a lawyer to rely on Corpus Juris Secundum as a complete text, stating all the law with all the late authorities and with a reference to Corpus Juris for other earlier and merely cumulative cases. In other words, the number of volumes in the new set has been reduced in half without the loss of immediate and certain access to a single case of the thousands cited in
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Corpus Juris. Lawyers want recent cases if such there are. Ordinarily when such a case is found there is no need to delve back into the musty past. Lawyers also want all of the law whether it has been decided in recent cases or not, so, although in the last generation nearly every question in the law that had been passed on before has been reconsidered and reaffirmed or rejected, it is necessary to a complete treatise that, since some questions there are which have not in that period been before the courts and which it is not possible to discard, or, rather, safe to discard as obsolete, such questions be restated in Corpus Juris Secundum, and the supporting authorities stated either in whole or in part with a reference to Corpus Juris for the rest.
Analyses. Many features new to legal encyclopedic writing have been incorporated in Corpus Juris Secundum. The first in order of importance probably was the preparation, before a line of the treatise was written, of a complete scheme for it as a whole in such detail that it was feasible to give final and permanent section numbers for each title from the beginning to the end of the alphabet. This makes it possible to give specific cross references to titles not yet published with the certainty that they will be correct when those titles are prepared and can stand permanently although they are supplemented by references to the proper places in Corpus Juris for temporary use. See specimen page post p. 59. The next step in the preparation of this general analysis of the entire body of the law was to simplify it so far as consistent with the magnitude of the field covered. A complete re!xamination of Corpus Juris and of the American Digest System was made and the interrelation of all the titles and text statements in Corpus Juris was studied in order to bring together related matters, and by so doing to eliminate as far as possible the necessity for cross references except as they are used for the purpose of outlining the scope of the several Corpus Juris Secundum titles. At the same time the general scope and structure of Corpus Juris has been retained. It would not have been, in the judgment of the publishers, a service to the lawyers of the country to discard an arrangement which has proved practical, workable, and satisfactory to the profession, and
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with which they are as a body thoroughly familiar, in favor of something which of necessity would be departure based upon theory alone, experimental and untried. In other words, it was deemed better to retain the old landmarks marking the boundaries of the fields of the law and simply to make a new survey, marking the lines upon the ground with greater precision and accuracy. Hence the task of simplification was one which was largely directed toward the internal analysis of particular titles. When Corpus Juris was written there was not included in the plan a provision for topical indexes to be furnished with each volume. For that reason the analysis at the beginning of each title was made to serve the purpose both of an analysis showing the general arrangement of such title and also to a great extent of a specific and detailed index of the subject matters of each subdivision. In practice this tended to obscure the plan and to divert the attention of the user of Corpus Juris from the logical divisions of the treatises. To overcome this, in Corpus
Juris Secundum the analysis at the head of each title has been reduced to a statement of the logical divisions of the title and all categorical or merely indexing subdivisions of such logical divisions have been omitted therefrom. (See specimen page post p. 51). They have not been omitted, and this is an important point which must not be overlooked; they have not been omitted from the treatises themselves. Their location, only, has been changed, and they have been carried into the body of the text, where they will be found where called for by the subject matter and in juxtaposition to the precise matter to which they relate. In Corpus Juris Secundum the sub-analysis of any subdivision of a section follows the heading of that subdivision. (See specimen page post p. 51). The text of Corpus Juris Secundum after subdivision into section and subdivisions (see specimen page post p. 55), is further broken up by appropriate italic catchlines and by further paragraphing where appropriate (see specimen page post p. 56). The result is to open up the type page, making it easy to read and affording many guides for the eye of the searcher, enabling him more quickly to locate the text proposition for which he is looking.
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Black letter summaries. The text of each section or section subdivision of Corpus Juris Secundum is preceded by a brief statement of the subject matter it discusses. (See specimen page post p. 51). These statements are printed in black face type and are intended to serve much the same purpose as the headlines do for newspaper articles. They are not intended to restate or paraphrase the text in detail, but they are intended to give in a few words the rule or factual situation which the section discusses. In other words, they are intended to give a general answer to the searcher's general question, and to leave specific answers to his more definite questions to be dealt with in the full discussion contained in the following text, where the matter is considered in detail and the supporting authorities collected. Perhaps they may best be described as brief recapitulations of the text. Retention of Corpus Juris Features. The distinguishing features of Corpus Juris which are described in detail (post pp. 42-45) are retained in the new work, and it would be an unnecessary repetition to describe them here. All of the valuable characteristics of the old work are carried forward into the new. (See specimen pages post pp. 51-62).
WORDS AND PHRASES AND MAXIMS

In addition to its main titles, Corpus Juris Secundum contains a complete collection of words, phrases, and maxims which have been judicially defined. This continues an invaluable feature of Corpus Juris. In connection with these words and phrases and maxims are many cross references to substantive law discussions making this feature valuable also as affording an additional index. (See specimen pages post pp. 61, 62).
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POCKET PARTS
No modern search book could be regarded as complete without the provision of some method for keeping it up to date. The most practical and satisfactory plan which has yet been devised is by what are known as annual Pocket Parts. In the case of Corpus Juris Secundum, these consist of pamphlets containing the new law and new decisions upon the titles contained in each of its volumes, which may be slipped into the pockets prepared for them in the back covers of each bound book. These Pocket Parts are published yearly and each one for a particular volume of Corpus Juris Secundum supplants its predecessors, since it picks up and reprints all of the material contained in them with such revision as may be necessitated by the later decisions. The advantages of this plan are easily seen. The law, as we all know, is not static. A decision which is law today may be overruled tomorrow. Hence a statement, although perfectly true when made, may become erroneous or misleading by an overruling or qualification of the authority on which it is based. By means of the Pocket Parts any such statement in Corpus Juris Secundum, or in any Pocket Part, may be withdrawn, restated, contradicted, or qualified, as need be, without damaging the structural integrity of the original work or demanding that it be reprinted. Further, in cases where the statements are fortified by additional decisions, such decisions may be made available constantly and promptly. The mode in which this is done may be seen from the specimen pages of the pocket parts of the title Accession post p. 64.
VOLUME INDEXES
Each volume of Corpus Juris Secundum contains an index of the titles contained in the particular volume. (See index to Accession in the specimen pages post p. 66). This is not a mere list of such titles, but it is a specific and detailed index for each title of the subject matter of such title. In other words, there is a complete and minute index for each treatise in Corpus Juris Secundum which is ready simultaneously with its publication.
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VI. CORPUS JURIS

Corpus Juris was and is a systematic statement of the entire body of the law in great detail and supported by references to all of the decisions. It is a discussion and analysis of the principles and rules of the law and of their exceptions,
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limitations, and qualifications with thoroughness and attention to the application of such rules to the facts of particular cases. The classification schemes in the American Digest System and Corpus Juris are almost identical. Corpus Juris has more titles than the Digest, the additions being made to break up very bulky titles and to afford an opportunity for a general view of an entire subject as well as a detailed treatment of its specific branches or to meet other demands of the development of the law. Statement of Principles. In the encyclopedic method of treatment as developed in Corpus Juris, the searcher, having arrived at the proper title and portion thereof wherein his question is discussed, may expect to find a statement of the rule or rules of law in the text supported by footnotes containing all the authorities for the statement. These statements of principles are made as specific as possible with the idea of avoiding general statements which may mean much or little as applied to particular statements of fact. Multiplication of authorities to support well-settled principles is avoided, and when ample authority from a particular jurisdiction has been cited to support such a principle, other decisions are cited more specifically as illustrating and developing the rule. Illustrative Matter. The statement of the principle is accompanied by concrete illustrations of the application of such principle to particular facts. This illustrative matter is ordinarily in the footnotes, but where it is essential to a full statement and understanding of the principle, it is placed in the text, the cases from which it is drawn being cited in the notes. History and Development of Principles. Where the subject under consideration is one upon which the law has undergone growth and change, it is a part of the function of Corpus Juris to state the principle as it was first incorporated in the law and
trace its development, citing the cases belonging to each stage thereof. Further development by cases later than Corpus Juris is discussed in Corpus Juris Secundum.
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Limitations of Rule. It often happens that a recognized rule of law has also specific limitations which must be stated in order that the rule may not be an unsafe guide. These limitations, where existent, are stated in Corpus Juris and of course also in Corpus Juris Secundum as a part of the proper text treatment of the subject Exceptions to Rule. Cases forming an exception to the rule when the rule is fully stated with its limitations are noted in the text. Statutory Modifications of Rule. A rule which has been modified by statute, while historically of interest, is a danger to the uninformed. No advice to a young lawyer is more important and no rule is more adhered to by the experienced practitioner than that which may be stated: "Always consult your statutes." Corpus Juris and Corpus Juris Secundum do not state the statute law except as essential to a correct presentation of the case law, but where cases based on statutes show a change in the common law, or where the rule announced by a case is founded upon a statute and not upon the common law, such fact is emphasized and sufficient statement of the statute made to enable its nature to be understood. Contrary Rules. It sometimes happens that when the cases involving a particular point of law are carefully examined, it appears that there are two, or even more, distinct rules. When this situation arises, Corpus Juris as also Corpus Juris Secundum states both or all of the rules with their history, limitations, exceptions and statutory modifications as hereinbefore described. This furnishes an explanation of many cases and is very valuable to a searcher who is working under a rule recognized in his jurisdiction when he is confronted with a case from another jurisdiction showing an apparently contrary construction of the rule. In such a case it is essential to know that the rule in the jurisdiction from which the case is taken is different and that naturally the applications of such different rule would not be consistent with those made in jurisdictions which adhere to the rule as it is contended for by the searcher. Reasons for Rule. In addition to stating the rule, Corpus Juris, when authoritatively possible, states the reason for it,
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frequently in the precise and quoted language of the courts. This feature is carried on in Corpus Juris Secundum. Quotations from Opinions. A point which the publishers of Corpus Juris emphasize is the choice of and incorporation of quotations from the opinions. Frequently in the footnotes will be found statements of rules, explanatory comments, discussions or criticisms of rules or doctrines in the language of the courts themselves. As to such matters the work is a primary authority. The value of an explanation or elaboration of a particular rule of law or a discussion or criticism of it in the carefully considered language of the court as employed in a decision wherein the rule is involved is obvious. This feature has been retained as to the later cases considered in Corpus Juris Secundum. Dicta. It sometimes occurs that a rule has been most accurately formulated in a case wherein its enunciation was but dictum. Such a dictum may be of greater weight in finally stating the law than the actual holdings of many other cases. It also sometimes occurs that, in tracing a rule out to its limit, the authors of Corpus Juris and of Corpus Juris Secundum have found courts intimating strongly what they would decide were the question fairly before them, but declining to make a binding ruling in advance of a binding necessity therefor. In cases of this character and in other instances wherein dicta may prove of value, the plan of Corpus Juris permits the giving of the dicta, but as dicta and not as actual holdings. Leading Gases. The cases which mark the origin of particular rules of law and which have been judicially recognized as so-called "leading" cases are pointed out in black-letter notes in Corpus Juris, together with the authority relied on to justify their designation as leading cases. A leading case, however, is often not so satisfactory an exposition of the rule as a later and well considered case which collects and reviews the authorities. These cases also are pointed out under the designation "Important" or "Well considered" cases. Annotations; Use of Annotations. The lawyer must always assure himself against surprise by finding whether the case on which he is relying has been affected in any way by later decisions. The volumes of Corpus Juris, of course, can contain no cases later than the date of their publication. They would be materially less valuable in a few years as authoritative state-
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ments of the law if there were not some means of giving the new cases without reprinting the original text and notes. This means is found in the Annual Annotations. New cases are read by a staff of editors as rapidly as they are decided and the material which they contain is classified as it would have been had it been available at the date of the preparation for Corpus Juris of the title to which it relates. These references are arranged in due order by section numbers.
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VII. THE SPECIMEN PAGES

Following will be found reprinted a small title from Corpus Juris Secundum, "Accession," also the 1938 Pocket Parts material from the same title and the Index to the title from Volume 1 C.J.S. Also reprinted is the Preface of Corpus Juris Secundum. An examination of these specimen pages, which are reproduced in the precise type and style as the originals, will make clear what has been said in the preceding chapters as to the plan and scope of the work. The title chosen for an exhibit is necessarily a very small one but it contains on a small scale the same features as do its volume-size companions, "Bankruptcy," "Banks and Banking," "Bills and Notes," etc.
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A COMPLETE RESTATEMENT OF THE ENTIRE AMERICAN LAW
AS DEVELOPED BY
ALL REPORTED CASES
By
WILLIAM MACK, LL. D.

Editor-in-Chief Corpus Juris and Cyclopedia of Law and Procedure And
DONALD J. KISER, LL. D.

Managing Editor Corpus Juris and Cyclopedia of Law and Procedure
Assisted by The Combined Editorial Staffs of The American Law Book Co. and West Publishing Co.
VOLUME I
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Brooklyn, N. Y.
The American Law Book Co.
PREFACE
NEARLY a quarter of a century has elapsed since the publication of the first volume of Corpus Juris. The object of that work, as stated in its preface, was "to make available a more efficient and more complete presentation of the entire body of the law as it now exists in the many thousands of volumes of reported cases." How completely that object has been accomplished is evidenced by the authoritative qualities attributed to its statements of legal principles and their ready acceptance by courts and lawyers everywhere. The high position thus attained before the Bench and Bar has resulted in large measure from a knowledge that Corpus Juris covers all the cases and cites all the cases. Such a precise and comprehensive statement of legal propositions supported by exhaustive authorities guaranteed a completeness well expressed in the now famous Corpus Juris maxim, "If it is in the reported cases, it is in Corpus Juris; if it is not in Corpus Juris, it is not in the reported cases." Corpus Tuns has shown that a restatement of the entire body of the law can be adequately prepared only after a reading and harmonizing of all the cases. A single case regarded today as unimportant may be the beginning of a line of precedents tomorrow. It may provide the sole authority, precisely in point, in some pending controversy. Just as a knowledge of all the facts is necessary for a judicial determination of a controversy, so is a knowledge or study of all the reported cases necessary to a complete presentation of resulting legal principles. Anything less will not suffice. A knowledge of the law means a knowledge of all the decisions which have made it law. The quarter century which has elapsed since the publication of the first volume of Corpus Juris has truly been said to have embraced a century in its course. Modern developments and innovations have presented unusual problems to courts and legislatures alike, which necessarily have resulted in the accumulation of multitudes of new and unusual precedents and principles. Older doctrines have been constantly recast in the light of modern developments. Corpus Juris Secundum (cited C.J.S.) is a complete restatement of the entire body of American Law, mainly in the language of the courts, based upon the authority of all the reported cases from 1658 to date. To the thousands of users of Corpus Juris further explanation is scarcely necessary. While preserving those principles or statements of law which have withstood the test of time and are firmly embedded in our jurisprudence, it reflects and presents in
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concise, harmonious and exhaustive form the result of this steady stream of accumulating precedents which have replaced, modified or supplemented older doctrines during this epochal quarter century of startling progress. Such a herculean task as Corpus Juris Secundum would have been considered impossible, even visionary, but for the rich experiences of the past and the unusual facilities for encyclopedic work developed over a period of nearly forty years' actual preparation of such outstanding treatises as Corpus Juris and the Cyclopedia of Law and Procedure. The Publisher of these great standard works therefore brings to the task of preparing Corpus Juris Secundum a wealth of experience and facilities which is truly unrivaled. This experience is being fully utilized in the material thus available and is manifested in the method of presentation in which new and worthwhile improvements are included in keeping with modern requirements of quick and accurate research. For several years and before a line of Corpus Juris Secundum was written, the Publisher's staff of experienced law writers has been engaged in preparing and perfecting a complete outline of the various divisions of the law. The importance of such a preliminary step cannot be exaggerated. But for the knowledge gained in preparing Corpus Juris and the Cyclopedia of Law and Procedure, such a preliminary framework would have been impossible. The experience and knowledge gained from the preparation of those works has provided the possibility of evolving the plan for Corpus Juris Secundum. The result of this plan, which is complete in advance in all its details, is to guarantee uniformity and completeness in the finished work such as that which may only be obtained by an architect or builder who knows what he is to build and the material of which he must make use. Corpus Juris Secundum has behind it, therefore, the guarantee of experience and faithful accomplishment in other tasks. The plans are laid; the road before is clear. No effort or expense will be spared to provide a work worthy of the great reputation which its predecessors have already established ! a key to the vast storehouses of the law.
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BROOKLYN, NEW YORK. APRIL, 1936
ACCESSION
This Title includes additions or increments to property, real or personal, or augmentation of its value, otherwise than by natural growth or increase or by intermingling goods of the same kind. Matters not in this Title, treated elsewhere in this work, see Descriptive-Word Index Analysis 1. Definition, history, and scope of title ! p 413 2. Nature and effect ! p 414 3. ! Manufacture and repairs ! p 414 4. ! Materials of different persons united ! p 415 5. ! Additions and changes by trespasser ! p 417 6. Rights and remedies ! p 420 7. ! Purchaser from trespasser ! p 422 8. ! Compensation for labor and materials ! p 423
1. Definition, History, and Scope of Title a. In general b. History a. In General

Accession, sometimes called adjunction, signifies an Increase or addition, and as a legal term denotes the right of an owner to all which is united to, or produced by, his property; specification Is a change of species. In its general sense accession is defined as the increase, addition, or augmentation.1 As a legal term, it is the right to all that which one's own property produces, whether that property be movable or immovable, and the right to that which is united to it either naturally or artificially.2 With the changing conceptions of justice and the growth of modern conditions the original arbitrary rule of accession has been ameliorated and made more varied in its meaning and application. This applicability to complex conditions
of a new species of article out of materials of a different nature belonging to another person.5 The right by specification has been distinguished from right by accession, in that the latter generally means accession of other materials as well as skill or labor, while the former can only be acquired when, without the accession of any other material, that of another person, which has been used by the operator innocently, has been converted by him into something specifically different in the inherent and characteristic qualities which identify it.6 b. History The doctrine of accession was derived from the civil law and transplanted into the common law at an early date. The doctrine of title by accession is in the common law as old as the law itself, and was previously known in other legal systems.7 The doctrine of accession has been recognized from a very early date. It was recognized by the Civil Law, from which the rules and principles now recognized were principally derived, and was later
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renders hazardous any attempt to give a comprehensive definition.3 The term "adjunction" has been used as synonymous with "accession." The doctrine of "specification" is a branch of that of artificial accession, consisting in the making
4
introduced into the Common Law of England, and has since become a recognized part of the jurisprudence of the United States.8
4. Mitchell v. Stetson, 7 Cush. (Mass.) 435; 1. Bouvier L. D. Pierce v. Goddard, 22 Pick. (Mass.) 2. Eaton v. Munroe, 52 Me. 63; 555, 33 Am.D. 764. Franklin Service Stations v. Sterling 3. 1 Bouvier Institutes pp 198; 199, Motor Truck Co. of N. E., 147 A. cited in Reader v. Moody, 48 N.C. 754, 50 R.I. 336; 372, 373. 1 C.J. p 382 notes 4, 5. 6. Lampton's Ex'rs v. Preston's 3. Bozeman Mortuary Ass'n v. Fairchild, 68 Ex'rs, 1 J.J.Marsh. (Ky.) 454, 19 Am. S.W.(2d) 756, 758, 253 Ky. 74. D. 104, quoted in Bozeman Mortuary
Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74; Ratcliffie v. Gallagher, 5 Ky. Op. 589. 7. Isle Royale Mitt. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520. 8. Bozeman Mortuary Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74; Manry v. Robison, 56 S.W. (2d) 438, 445, 122 Tex. 213; 1 C.J. p 383 notes 11-14.
Accession as used in this Title is limited to that mode of acquiring title to personal property by reason of increments to the property brought about by artificial means. Under specific titles elsewhere considered other forms of accession are treated as will appear in the Descriptive-Word Index.
a. Manufacture
The general rule is that, where a person furnishes materials from which a product is to be manufactured for his benefit, the title is in him and not in the manufacturer. Where a person for whom a finished product is to be made supplies the materials or property, the contract is as shown in Bailments 9 [6 C.J. p 1096 note 83] a contract of bailment and the title to the completed article is in the bailor.14 Where the manufacturer adds other materials to those sent, the article manufactured may belong either to the bailor or bailee manufacturer depending upon the amount of material or property supplied by each.15 Under the principle that where the materials of two persons are united to form a joint product the owner of the principal portion takes title to the whole (infra 4), if the manufacturer furnishes the major or principal portion of the materials, he is the owner of the
2. Nature and Effect

With some exceptions, the owner of property acquires title to that which is united to it by accession. Accession is one of the means of acquiring title to personal property.9 The general rule, incorporated into statutes in some jurisdictions, is that the owner has the right to that which is united to his property by accession so as to constitute a part of it;10 but to this rule there are exceptions,11 and as hereinafter shown in 3, 5, the law will in some instances pass title by accession to the person whose labor or labor and materials have changed the identity or
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species of the property, or increased the value of the property far beyond its original value. While it has been said that the general principles of accession may he assumed to be well settled,12 it has been pointed out that the nature of the right is complex and that no rule, general and precise, to cover all the case has ever been formulated.13 3. ! Manufacture and Repairs a. Manufacture b. Repairs
manufactured article at least in the absence of an agreement otherwise.16 If the principal part of the materials is supplied by the person for whom the finished product is to be made, such person takes title to the manufactured article in its entirety.17 b. Repairs Title to repairs is ordinarily In the owner of the original article, irrespective of the value of the repairs, unless severance without detriment can be made.
9. Bouvier L. D., quoted in Mather v. Chapman, 40 Conn. 382, 396, 16 Am. R. 46; Pierce v. Goddard, 22 Pick.(Mass.) 559, 33 Am.D. 764. 10. Mather v. Chapman, 40 Conn. 382, 16 Am.R. 46; Bousquet V. Mack Motor Truck Co., 168 N.E. 800, 269 Mass. 200; Mitchell v. Stetson, 7 Cush. (Mass.) 435; Pierce v. Goddard, 22 Pick. (Mass.) 559, 33 Am.D. 764; Blackwood Tire & Vulcanizing Co. v. Auto Storage Co., 182 S.W. 576, 133 Tenn. 515, L.R.A.1916E 254, Ann. Cas. l917C 1168; Louis Werner Stave Co. v. Pickering, 119 S.W. 333, 55 Tex.Civ.App. 632. Transforming granite blocks into works of art A person, who furnished granite blocks and carved statutes therefrom to conform to models of a sculptor under his superintendence, was not entitled to invoke
11. Pierce V. Goddard, 22 Pick. (Mass.) 559, 33 Am.D. 764; 1 C.J. p 383 note 25. 13. Isle Royale Mining Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520. 13. Lampton v. Preston, 1 J.J.Marsh. (Ky.) 454, 19 Am.D. 104; Reader v. Moody, 48 N.C. 372; Franklin Service Stations v. Sterling Motor Truck Co. of N. E., 147 A. 754, 50 R.I. 336. 14. Swift v. Barnum, 23 Conn. 523; 1 C.J. p 383 note 29. 15. Mack v. Snell, 35 N.E. 493, 140 N.Y. 193, 37 Am.S.R. 534; 1 C.J. p 384 note 31. It is a question for the jury as to which party furnished the greater part of the materials used. ! Arnott v. Kansas Pac. R. Co., 19 Kan. 95. 16. Atchison, T. & S. P. Ry. Co. v. Schriver, 84 P. 119, 72 Kan. 550, 4 L.R.A. (N.S.) 1056; Arnott v. Kansas Pac. R. Co., 19 Kan. 95; Merritt v. Johnson, 7 Johns. (N.Y.) 473, 5 Am.D. 289. Flour and sacks A party supplying sacks for flour will be held to consent that his sub-
sidiary and relatively unimportant contribution to the final product shall become an accession to the contribution of the manufacturer. ! Atchison, T. & S. F. Ry. Co. v. Schriver, 84 P. 119, 72 Kan. 550, 4 L.R.A. (N.S.) 1056. 17. Salant v. Pennsylvania R. Co., 177 N.Y.S. 475, 188 App.Div. 851; 1 C.J. p 384 notes 33, 34. Theory of rule The disposition of the title to the property in this manner is based on the theory that the smaller quantity, being merely accessory to the larger, becomes a part thereof by accession. ! Mack V. Snell, 35 N.E. 493, 140 N.Y. 193, 37 Am.S.R. 534; 1 C.J. p 384 note 36. Garments Where material for shirts was cut in forms and sent to another to be manufactured, materials added by the bailee in performing his contract became by accession the property of the bailor; the bailor having furnished the principal portion of the materials, and that furnished by the bailee being accessorial merely. ! Salant v. Pennsylvania R. Co., 177 N.Y.S. 475, 188
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doctrine of accretion as to such statutes. ! Thompson-Stavrett Co. v. Plunkett, 94 A. 845, 89 Vt. 177.
App.Div. 851.
As a general rule where the owner of a damaged or worn-out article delivers it to another person to be repaired and renovated by his labor and materials, the property in the article, as thus repaired and improved, is in the original owner for whom the repairs were made and not in the person making them.18 It has been said that it is not at all important what the value of the repairs, actual or comparative, may be, and the rule obtains although the repairs placed upon the article greatly exceed its value before it was repaired.19 However, where the owner of the added materials reserves the ownership to himself, and such materials may be readily severed without detriment to the article repaired, the title to the repairs does not pass to the owner of the original article, and accordingly, where new wheels and axles are placed upon an old wagon under a conditional sale, they may be reclaimed by the person repairing the wagon.20
As a general rule of the civil and common law when by labor the materials of one person are united or joined to another's materials resulting in a joint product, under the principle of accession the owner of the principal materials acquires the title to the joint product;21 or as is sometimes otherwise stated, where accessories become a component part of the chattel and so incorporated as to be incapable of separation without injury to the whole, they merge in the principal thing and become the property of the owner.22 Under the doctrine of accession, when a conditional buyer of an automobile attaches equipment to it, such as tires, title thereto passes to the seller;23 but it has been held that a conditional sales contract expressly providing that any equipment or accessories placed upon the automobile should become a component part thereof, and that title thereto should become vested in the conditional seller, may show that some equipment and accessories would be regarded by the parties as separable and not accessions, and would not therefore become the property of the seller as against the rights of third persons.24
b. Articles or Materials Severable or Detachable

With some authority to the contrary, title to detachable accessories placed upon property conditionally sold or mortgaged passes to the conditional seller or mortgagee of the principal property by accession, unless title to the accessories is retained by a third person.
4. ! Materials of Different Persons
United
a. In general b. Articles or materials severable or detachable a. In General
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Where the materials of two persons are united in a joint product, the owner of the principal materials takes title.
18. Bozeman Mortuary Ass'n v. Pairchild, 68 S.W.(2d) 756, 253 Ky. 74; St. Mary Iron Works v. Community Mfg. Enterprise, 119 So. 564, 9 La. App. 743; Twin City Motor Co. v. Rouzer Motor Co., 148 S.E. 461, 197 N.C. 371; Davy v. Mothersead, 265 P. 626, 130 Okl. 91; 1 C.J. p 384 note 38. Mere bailment "The agreement in such case is but an every day contract of bailment . . . and the original owner, so far from losing his general property in the thing thus placed in the hands of another person to be repaired, acquires that right to whatever accessorial additions are made in bringing it to its new and improved condition." ! Gregory v. Stryker, 2 Den. (N.Y.) 628, 630. Repairing railroad rolling stock. ! Hamlin v. Jerrard, 72 Me. 62. Repairing rifle. ! Comins v. Newton, 10 Allen (Mass.) 518. Repairing vessel. ! Southworth v.
Isham, 5 N.Y.Super. 448 ! Coursin's not be separated without injury although the Appeal, 79 Pa. 220. thing added is removable without injury, if it 19. Gregory v. Stryker, 2 Den. (N.Y.) becomes a component part of that to which it 628; is added, and if by virtue of contract, title 1 C.J. p 384 notes 37, 38. passes, the transaction has all the Materials of different persons uniting characteristics of a title acquired by sea infra 4. accession. ! Dersch V. Thomas, (Cal.) 30 Relative matters as to trespassers see P.(2d) 630. infra 5. 22. Motor Credit Co. v. Smith, 24 S. 20. Clark V. Wells, 45 Vt. 4, 12 Am. W.(2d) 974, 181 Ark. 127, 68 A.L..R. R. 187. 1239. 21. Kan. ! Atchison, T. & S. P. Ry. Two broken chains made into one Co. v. Schriver, 84 P. 119, 72 Kan. Where two persons owned separate chains 550, 4 L.R.A. (N.S.) 1056. and both chains were broken into several N.H. ! Perry v. Pettingill, 33 N.H. 433. pieces, and one of them, without the other's N.Y. ! Salant v. Pennsylvania R. Co., consent or knowledge, caused the pieces to 177 N.Y.S. 475, 188 App.Div. 851. be joined into a single chain, the chain N.C. ! Twin City Motor Co. v. Rouzer became the property of him who supplied the Motor Co., 148 S.E. 461. 197 N.C. principal part thereof. ! Pulcifer v. Page, 371. 32 Me. 404, 54 Am.D. 582. Okl. ! Davy v. Mothersead, 265 P. 626, 23. Blackwood Tire & Vulcanizing 130 Okl. 91. Co. v. Auto Storage Co., 162 S.W. 1 C.J. p 384 notes 41-43. IB California, under Civil Code 1025, 576, 139 Tenn. 515, 6 L.R.A.1916E providing that the owner of the principal takes 254, Ann.Cas.l917C 1168. title where several things of different owners 24. Clarke v. Johnson, 187 P. 610, are united so as to form a single thing and can- 43 Nev. 359.
Following the pronouncement in Clark v. Wells, 45 Vermont 4, the courts have consistently held that the doctrine of accession is inapplicable where the buyer of property under a conditional sales contract places such property upon other personal property purchased from another person under a conditional sales contract if the property so placed can be conveniently detached and has not become an integral part of the property to which it is attached.25 Similarly, the doctrine of accession is inapplicable where property, upon which a chattel mortgage exists, is so placed by the mortgagor on personal property mortgaged to another person,26 or where the accessories placed upon personal property conditionally sold are absolutely owned by a third person,27 or where accessories conditionally sold are so placed upon mortgaged personal property.28 As against a third person retaining title to detachable accessories the accessories do not pass by accession to the conditional seller of the principal property by reason of a stipulation in the contract giving the conditional seller of the principal property a right to parts or articles added or attached.29 Constructive notice of the rights of the owner of the principal property does not operate to pass title by accession.30 The Tennessee court has carried the doctrine of accession to the
ed to retain title.31 These decisions, while distinguishable from many others because the sellers failed to retain title, carry the doctrine of accession further than the majority of courts might go, and have been criticized in some quarters.32 It is doubtful whether those courts which have held that the principle of accession does not apply where the conditional seller of detachable accessories has retained title would follow the Tennessee court under like circumstances.33 The Massachusetts court in a decision involving however, the rights of a conditional seller of detachable accessories as against a conditional seller of principal property, states that the doctrine applies where something is added or attached to something else so that it cannot again be separated without destruction or serious injury of the whole so form ed.34 The Delaware court, following the Tennessee court, has held the doctrine of accession applicable where plaintiff sold defendant the principal property on a conditional sales contract and also sold but by a separate absolute sale, certain accessories which were easily detachable from the principal property;35 but, according to some decisions, and between a conditional seller or chattel mortgagee and the conditional buyer or chattel mortgagor detachable accessories placed upon the principal property sold conditionally
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extent of passing title to the conditional seller to accessories which are readily detachable where the seller of the accessories has fail-
or mortgaged do not pass to the seller or mortgagee by accession."36
25. Ark. ! Motor Credit Co. v. Smith, 24 S.W.(2d) 974, 181 Ark. 127, 68 A.L.R. 1239. Conn. ! Tire Shop v. Peat, 161 A. 96, 115 Conn. 187. Ind. ! General Motors Truck Co. v. Kenwood Tire Co., 179 N.E. 394, 94 Ind.App. 25. Mass. ! Bousquet V. Mack Motor Truck Co., 168 N.E. 800, 269 Mass. 200. N.Y. ! John W. Snyder, Inc. v. Aker, 236 N.Y.S. 28, 134 Misc. 721. Hew wheels put on stage wagon. ! Clark V. Wells, 45 Vt. 4, 12 Am.R. 187. Severance of repairs see supra 3. 26. Hallman V. Dothan Edy. etc., Co., 82 So. 642, 17 Ala.App. 152; Lincoln Road Equipment Co. v. Bolton, (Neb.) 254 N.W. 884. Mortgaged gasoline engine, as accessory bolted to frame of road grader, does not necessarily merge therein by accession, where it can readily be identified and disconnected without material injury to either engine or
grader and may be replevied by mortgagee. ! Lincoln Road Equipment Co. v. Bolton, (Neb.) 254 N.W. 884. Inferior mortgage lien Where, however, the lien of a chattel mortgagee on property placed on other property conditionally sold was inferior to the conditional sale, the text rule did not apply. ! Twin City Motor Co. v. Rouzer Motor Co., 148 S. E. 461, 197 N.C. 371. 27. Clarke v. Johnson, 187 P. 510, 43 Nev. 359. 28. K. C. Tire Co. v. Way Motor Co., 287 P. 993, 143 Okl. 87; Franklin Service Stations v. Sterling Motor Truck Co. of N. E., 147 A. 754, 50 R.I. 336. 29. Tire Shop V. Peat, 161 A. 96, 115 Conn. 187; Clarke v. Johnson, 187 P. 510, 43 Nev. 359. 30. K. C. Tire Co. v. Way Motor Co., 287 P. 993, 143 Okl. 87. Conditional seller of tires, with actual knowledge that the automobile on which the tires were placed was
sold conditionally, is not estopped in the absence of evidence that the owner of the automobile altered his position to his detriment in relying upon the acts of the owner of the tires. ! D. Q. Service Corporation v. Securities Loan & Discount Co., 292 P. 497, 210 Cal. 327. 31. Diamond Service Station v. Broadway Motor Co., 12 S.W. (2d) 705. 158 Tenn. 258; Blackwood Tire & Vulcanizing Co. v Auto Storage Co., 182 S.W. 576, 133 Tenn. 515, L.R.A.1916E 254, Ann. Cas. 1917C 1168, distinguishing but not approving or criticizing Clark v. Wells, 45 Vt. 4, 12 Am.R. 187. 32. See 22 Michigan L.Rev. p 599; 25 Yale L.J. p 593. 33. See Alley v. Adams, 44 Ala. 609, cited in Hallman v. Dothan Fdy., etc., Co., 82 So. 642, 17 Ala.App. 152 34. Bousquet v. Mack Motor Truck Co., 168 N.E. 800, 269 Mass. 200. 35. Purnell v. Fooks, 122 A, 901, 2 W W.Harr. (Del.) 336. 36. In re Dana Bros., 250 F. 268;
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Automobile accessories. In recent years the inapplicability of the principle of accession has been decided in several cases involving the rights of a conditional seller or chattel mortgagee of an automobile as against the conditional seller or chattel mortgagee of automobile accessories.37 The doctrine has been held applicable where the seller of the automobile accessories has failed to retain title,38 or where the buyer obtains absolute title to the accessories from the same seller who conditionally sold him the automobile.39 5. ! Additions and Changes by Tres-
passer a. In general
b. Innocent trespasser c. Willful trespasser a. In General The distinction between an innocent and a willful trespasser is uniformly recognized; a trespasser may acquire title as against third persons. In a consideration of the question whether title passes to a trespasser by accession, the cases uniformly recognize a distinction between the case of an appropriation in good faith and one based on an intentional wrong.40 The distinction thus made appears to have been derived from the civil law.41 A trespasser by the labor or materials expended upon property may acquire title against everyone except the true owner.42
b. Innocent Trespasser (1) In general (2) Loss of identity (3) Relative values (4) Change of species (1) In General With some qualifications, the general rule is that an innocent trespasser does not acquire title by reason of bestowing labor or materials on property. Since, as elsewhere shown (Property 15 [SO C.J. p 784 note 57 ! p 785 note 59]), a person cannot be deprived of his property except by his own voluntary act or by operation of law, the general rule is that if unauthorized persons have innocently or unintentionally taken his property and bestowed expense or labor upon it, that fact alone will not pass title to them by accession ;43 but, in some circumstances as indicated infra 5 b (2-4), the law will recognize the acquisition of title to property by an unintentional trespasser. (2) Loss of Identity If the property can be identified, title thereto ordinarily does not pass by accession to an innocent trespasser; a satisfactory test for determining loss of identity is difficult if not impossible. Whether the original materials or property can be identified is the test applied frequently to determine whether title passes by accession to an in-
Alley v. Adams, 44 Ala. 609, cited in Hallman v. Dothan Fdy., etc., Co., 82 So. 642, 17 Ala.App. 152; White Co. v. Bowen, 84 Pa.Super. 484. Purchaser of accessories from conditional buyer of truck Under Civ.Code 1025, providing that the owner of the principal thing takes title where several things belonging to different owners are united so as to form a single thing and cannot be separated without injury, a purchaser of a body built and placed by a conditional buyer on an auto truck which was removable without causing damage gets no title to the body. ! Dersch v. Thomas, (Cal.) 30 P.(2d) 630. 37. Ala. ! Hallman v. Dothan Fdy., etc., Co., 82 So. 642, 17 Ala.App. 152. Ark. ! Motor Credit Co. v. Smith, 24 S.W. (2d) 974, 181 Ark. 127, 68 A.L. R. 1239. Conn. ! Tire Shop v. Peat, 161 A. 96, 115 Conn. 187. Ind. ! General Motors Truck Co. v. Kenwood Tire Co., 179 N.E. 394, 94 Ind.App. 25.
Mass. ! Bousquet V. Mack Motor Truck Co., 168 N.E. 800, 269 Mass. 200. Nev. ! Clarke v. Johnson, 187 P. 510, 43 Nev. 359. NY. ! John W. Snyder, Inc. v. Aker, 236 N.Y.S. 28, 134 Misc. 721. Okl. ! K. C. Tire Co. v. Way Motor Co., 287 P. 993, 143 Okl. 87. R.I. ! Franklin Service Stations v. Sterling Motor Truck Co. of N. E., 147 A. 754, 50 R.I. 336. Inferior mortgage lien Where the lien of a chattel mortgage on a new engine or motor placed in an automobile conditionally sold was inferior to the conditional sale, the text rule did not apply. ! Twin City Motor Co. v. Rouzer Motor Co., 148 S.E. 461, 197 N.C. 371. 38. Diamond Service Station v. Broadway Motor Co., 12 S.W.(2d) 705, 158 Tenn. 258; Blackwood Tire, etc., Co. v. Auto Storage Co., 182 S.W. 576, 133 Tenn. 515, L.R.A.1916E 254, Ann.Cas.l917C 1168.
Service Station v. Broadway Motor Co., 12 S.W.(2d) 705, 158 Tenn. 258 ! Blackwood Tire, etc., Co. v. Auto Storage Co., 182 S.W. 576, 133 Tenn. 515, L.R.A.1916E 254, Ann.Cas.l917C 1168. 39. Purnell v. Fooks, 122 A. 901, 2 W.W. Harr.(Del.) 336. 40. Bozeman Mortuary Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74; 1 C.J. p 384 note 44. 41. Wetherbee v. Green, 22 Mich. 311, 7 Am.R. 653. 42. Reader v. Moody, 48 N.C. 372. 43. Wetherbee v. Green, 22 Mich. 311, 7 Am.R. 653; Carpenter v. Lingenfleld, 60 N.W. 1022, 42 Neb. 728, 32 L.R.A. 422: 1 C.J. p 385 notes 49-52. Purchaser from conditional seller Person who, in reliance on agreement to buy conditional buyer's interest in automobile, placed thereon four new tires and tubes, could not recover them in replevin against motor company purchasing automobile without notice from conditional seller on default, since restitution of tires was made in
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See Turner v. Superior Tire Service, 9 Tenn.App. 597. Tires or tire casing's. ! Diamond
conditional buyer's right. ! Spritzer v. Rutgers Chevrolet Co., 174 A. 881, 12 N.J. Misc. 782.
nocent trespasser.44 A change of title will occur if the original materials suffer a loss of identity. However, if the original materials or property can still be identified, the owner thereof retains title notwithstanding, the fact that by the labor or materials of another, the property has been changed in form or increased in value.46 The taker cannot by any act of his own acquire title as against the owner unless he destroys the identity of the thing or annexes it to, and makes it a part of, some other thing which is the principal.47 As hereinafter shown in 5 b (3), the test of loss of identity is considered of less importance in some jurisdictions than the fact that the value of the original article is insignificant in comparison with the value of the new product. What constitutes change of identity. There is much confusion upon the question as to what constitutes a change of identity; and it is evident that it is difficult, if not impossible, to discover any invariable and satisfactory test which can be applied to all cases.48 The fact that the original materials may be identified by the senses is quite unsatisfactory; in some cases it is by no means the best evidence of identity and in many cases would wholly defeat the purpose which the law has in view in recognizing a change of title.49 It has been held that there is no such change of identity as to effect a change of title, where timber has been converted into boards,50 charcoal,51 cordwood,52 cross ties,53 rails and posts,54 saw logs,55 shingles,56 or staves,57 or where grass is cut and
45
made into hay,58 or cucumbers into pickles,59 or canvas into sails for a boat.60 The attachment to a mortgaged car of equipment replacing the rear portion thereof, and converting it into a truck, does not cause such equipment to lose its identity so as to place title thereto in the mortgagee of the car as against a purchase-money mortgagee of the equipment.61 (3) Relative Values Title may pass to an innocent trespasser when in a particular case there is a great disparity in value between the original article and the new product resulting from the trespasser's labor or materials. The test applied in some cases in determining whether the title to property passes to an innocent trespasser by accession is the difference in the relative values of the original and the product.62 Where the appropriation of the property was unintentional and labor or material has been expended or added which greatly enhances its value, and the value of the original article is insignificant in comparison with the value of the new product, the title to the property in its converted form will pass to the person who has thus expended or added his labor and materials, compensating the owner for the value of the original article or materials.63 Where the value of improvements placed upon a car by one innocent of the invalidity of his title thereto is substantially less than the car's value at the time he obtained it, the true owner may reclaim his property; but if the improvements approach or exceed the value of the car, title passes to the purchaser who is liable to the owner for the market value of the car as it was when he obtained it.64
44. Davis V. Easley, 13 Ill. 192; Eaton v. Munroe, 52 Me. 63. Intermixture of goods see Confusion of Goods 5 [12 C.J. p 493 notes 29, 30]. 45. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104; 1 C.J. p 386 notes 67, 68. 46. Ratcliff v. Gallagher, 5 Ky. Op. 589; 1 C.J. p 386 note 68. 47. Davis v. Easley, 13 Ill. 192.
Curtis v. Groat, 6 Johns. (N.Y.) 168, 5 Am.D. 204. 52. Brock v. Smith, 14 Ark. 431; Isle Royale Min. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520. 53. Stotts v. Brookfleld, 18 S.W. 179, 55 Ark. 307; 1 C.J. p 386 note 75. 54. Snyder v. Vaux, 2 Rawle (Pa.) 423. 55. Gates v. Rifle Boom Co., 38 N.W. 245, 70 Mich. 309;
Lindsay v. Winona, etc., R. Co., 13 N. W. 191, 29 Minn. 411, 43 Am.R. 228. 59. Crosby v. Baker, 6 Allen (Mass.) 295. 60. Eaton v. Munroe, 52 Me. 63. 61. Hallman v. Dothan Fdy., etc., Co., 82 So. 642, 17 Ala.App. 152. 62. Polk County v. Parker, 160 N.W. 320, 178 Iowa 936, L.R.A.1917B 1176; Bozeman Mortuary Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74;
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48. Wetherbee v. Green, 22 Mich. 311, 7 Am.R. 653; Silsbury v. McCoon, 3 N.Y. 379, 53 Am.D. 307. 49. Wetherbee v. Green, 22 Mich. 311, 7 Am.R. 653; Silsbury v. McCoon, 3 N.Y. 379, 53 Am.D. 307. 50. Davis v. Easley, 13 Ill. 192; Brown v. Sax, 7 Cow. (N.Y.) 95. 51. Riddle v. Driver, 12 Ala. 590,
1 C.J. p 386 note 71. 56. Betts v. Lee, 5 Johns.(N.Y.) 34S, 4 Am.D. 368; 1 C.J. p 386 note 77. 57. Heard v. James, 49 Miss. 236. 58. Murphy v. Sioux City, etc., R. Co., 8 N.W. 320, 55 Iowa 473, 39 Am.R. 175;
Ochoa v. Rogers, (Tex.Civ.App.) 234 S.W. 693, error dismissed; 1 C.J. p 385 notes 53, 54, 55. 63. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104; 1 C.J. p 385 notes 55, 56. Materials of different persons united see supra 4. 64. Ochoa v. Rogers, (Tex.Civ.App.) 234 S.W. 693.
No test which satisfies the reason of the law can be applied in the adjustment of questions of title by accession unless it keeps in view the circumstances of relative values.65 When it is remembered that what the law aims at is the accomplishment of substantial equity, it will be readily perceived that the fact that the value of the materials has been considerably increased is of more importance than any chemical change or mechanical transformation, which, however radical, is not expensive or does not materially add to the value. It is not the excess of the artificial over the natural value, but the degree of such excess that is the controlling principle.67 The rule for these cases is arbitrary; it must depend on a sound discretion, exercised in the peculiar circumstances of each individual case; and a decision in one case cannot be conclusive authority for any other case of different circumstances.68 Where the identity of the original article is susceptible of being traced, the idea of a change in property is never admitted, unless the value of that which has been expended upon it is sufficiently great, as compared with the original value, to render the injustice of permitting its appropriation by the original owner so gross and palpable as to be apparent at the first blush. The innocent trespasser is not entitled to the property where there is no great disparity between the original article and the new product.70 In addition to the relative values, the injury inflicted upon the owner by the trespasser, and the injustice of taking from the owner his property against his will should be considered and compared with the hardship the trespasser may suffer by the loss of his labor and materials; the owner may have preferred to use his property for a purpose which might have yielded him a great profit had not the trespasser wrongfully taken the property.71
69 66
(4) Change of Species Where one innocently transforms another's property into an article of a new species, title may pass to the former by accession or specification. The change of species test, which is derived from the civil law, is applied in some cases to determine whether title has changed by accession or specification.72 Where one, by the addition of materials or the performance of labor, has innocently transformed another's property into an article of a new species differing essentially from the original material, the title to this new article or product passes to the individual effecting the transformation, but if there has been no radical change by reason of the addition of labor and materials to the original property, the title continues in the original owner.73 The reason why the material of one, which has been changed into a different species by another, is not to be restored to the original owner, is that it cannot be returned in kind; it is not the specific thing which belongs to him, and, therefore, is not his, and cannot be his unless the original material can be restored without any intrinsic change.74 The application of the rule frequently presents considerable difficulty, and there is a discord between the authority difficult of reconciliation.75 It is said that if corn be made into meal, olives into oil, grapes into wine, the change is into a new species and is so great that the original materials cannot be reproduced out of the resulting articles.76 A change of species occurs where clay is converted into burnt brick, for the process of burning effects an essential change in the qualities of the native clay; a well-burnt brick has very few of the qualities of the unwrought clay; it has not its consistency, its ductility, its compressibility, its tenacity; it can be applied to none of the uses to which clay is adapted; but where clay is molded into the form of a
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Purchaser of stolen car In an action for possession of a car stolen from plaintiff, and later purchased by defendant for eighty-five dollars, and converted into a truck, plaintiff's recovery is limited to the market value of the enhanced value of the car brought about by eight hundred dollars in improvements placed upon it by defendant. ! Ochoa v. Rogers, (Tex.Civ.App.) 234 S.W. 693. 65. Wetherbee v. Green, 22 Mich. 311, 7 Am.R. 653. 66. Wetherbee v. Green, supra. 67. Lampton v. Preston, 1 J.J.Marsh. (Ky.) 454, 19 Am.D. 104.
63. Lampton v. Preston, supra. 69. Isle Royale Min. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520. 70. Baton v. Langley, 47 S.W. 123, 65 Ark. 448, 42 L.R.A. 474; Isle Royale Min. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520. 71. Eaton v. Langley, 47 S.W. 123, 65 Ark. 448, 42 L.R.A. 474. 72. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104; Potter v. Madre, 74 N.C. 36. 73. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104; 1 C.J. p 385 notes 62, 63. 74. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104.
This doctrine is based "on the idea that the trespasser by so doing destroys the original article, as if he had burned it, and is responsible to the owner as if he had burned it; and on the idea that the principle adopted is more likely to do justice to the parties concerned than any other." ! Potter V. Mardre, 74 N.C. 36, 40. 75. Eaton v. Langley, 47 S.W. 123, 65 Ark. 448, 42 L.R.A. 474; Lampton v. Preston, 1 J.J. Marsh. (Ky.) 545, 19 Am.D. 104; Potter v. Mardre, 74 N.C. 36. 76. Lampton v. Preston, 1 J.J. Marsh. (Ky.) 454, 19 Am.D. 104.
brick it is not changed in specie without the process of burning or heating.77 The making of leather into shoes, cloth into garments, or timber into boards or shingles does not amount to a change in species as the inherent qualities of the leather, cloth, or wood still remain.78
6. Rights and Remedies

a. In general b. Damages
a. In General
Where one person takes property of another, although he may alter its form or increase its value, if the circumstances are such that there is no change of title, owner may either retake and resume possession of property if it is possible for him to do so, or he may according to the circumstances, maintain a variety of actions to recover the possession of the property or damages for the wrong done. Since a person cannot be deprived of his property without his consent, except by operation of law, an owner may recover property taken and enhanced in value by the addition of labor or materials of another if in the circumstances the title to the property remains in the owner;84 and he is entitled to regain possession by recapture or by any other remedy provided by law.85 The right to resume possession of the property does not exist, however, when by the application of the doctrine of accession title has passed from him to another.86 An action for damages may be brought when the title to the property has passed by accession, and such action is proper although title has not passed for the owner may waive his right to retake the property.87 Pleading. The question of the willfulness or good faith of defendant being one dealing merely with the measure of damages,
c. Willful Trespasser
A willful trespasser acquires no title to another's property by changing its form or by adding thereto his labor or materials. It is well established by both the civil and common law that a willful trespasser who intentionally takes the property of another can acquire no title to it on the principle of accession.79 The consideration extended to an unintentional trespasser, as discussed above in 5b, finds no application where the trespasser knowingly, intentionally and willfully deprives another of the possession of his property; should a willful trespasser be able to obtain title to materials by reason of imparting a change in shape or form to them, an unbounded license would be given to plunder, and the security of personal property would be exceedingly diminished.80 Provided the identity of the original materials can be satisfactorily established,81 the title to the property continues in the owner irrespective of the alteration of form,82 and regardless of the relative values of the property and of the materials and labor added or expended.83 Moreover, as hereinafter shown in 7, a subsequent purchaser from a willful trespasser stands in no better position with respect to the title of the property than does the trespasser.
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plaintiff need not allege that the trespass was willful,88 nor is it essential that defendant plead that his trespass was in good faith.89 Presumptions and burden of proof. If a trespass is established, there arises a presumption that
77. Lampton v. Preston, supra. 81. Burris v. Johnson, 1 J.J. Marsh. 78. Lampton v. Preston, supra. (Ky.) 196; 79. Union Naval Stores Co. v. U. S., 1 C.J. p 387 note 90. 36 S.Ct. 308, 240 U.S. 284, 60 L.Ed. 82. Pierce v. Goddard, 22 Pick. 644, affirming 202 F. 491, 123 C.C (Mass.) 559, 33 Am.D. 764. A. 1; 83. Gray v. Parker, 38 Mo. 160; Bozeman Mortuary Ass'n v. Fairchild, 1 C.J. p 387 note 89. 68 S.W.(2d) 756, 253 Ky. 74; 84. Kirby Lumber Co. v. Temple 1 C.J. p 387 notes 86-90. Lumber Co., (Tex.) 83 S.W.(2d) 638, Reason for rule reversing Temple Lumber Co. v. A party can obtain no right by his Kirby Lumber Co., (Civ.App.) 42 S. own wrong. ! Sligo Furnace Co. v. W.(2d) 1070; Hobart-Lee Tie Co., 134 S.W. 585, Ochoa v. Rogers, (Tex.Civ.App.) 234 153 Mo.App. 442. S.W. 693; Willful confusion of goods see Confusion of Seaboard Securities Co. v. Berg, Goods 3 [12 C.J. p 492 note 18]. (Wash.) 31 P.(2d) 503; 80. Snyder v. Vaux, 2 Rawle (Pa.) 1 C.J. p 387 notes 91-94. 423, 21 Am.D.466. 85. Gaskins v. Davis, 20 S.E. 188, 115
N.C. 85, 25 L.R.A. 813, 44 Am.S.R. 439; 1 C.J. p 387 note 93. 86. Wetherbee v. Green, 22 Mich. 31 7 Am.R. 653; Potter v. Mardre, 74 N.C. 36; Ochoa v. Rogers, (Tex.Civ.App.) 23 S.W. 693. 87. Dartmouth College v. International Paper Co., 132 F. 92; Eaton v. Langley, 47 S.W. 123, 6 Ark. 448, 42 L.R.A. 474; Mitchell v. Stetson, 7 Cush. (Mass.; 435; Silsbury v. McCoon, 3 N.Y. 379, 53 Am D. 307; 1 C.J. p 387 note 95. 88. U. S. V. Baxter, 46 F. 350. 89. Hoxsie v. Empire Lumber Co., 43 N.W. 476, 41 Minn. 548.
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such trespass was intentional and willful.90 Plaintiff is under no duty to establish affirmatively the willful character of the trespass.91 If defendant desires to lessen his damages the burden devolves upon him to show that his trespass was not willful but one resulting from mistake or inadvertence.92 Question for jury. Whether or not the trespass was willful or in good faith is usually a jury question.93 b. Damages (1) In general (2) Against innocent trespasser (3) Against willful trespasser (1) In General Lack of harmony exists in the holdings concerning the measure of damages in the case of enhanced value by reason of acts of a wrongdoer, the matter depending largely upon the form of action used. The general rule In that a distinction exists in case of a willful and intentional wrongful act, and an act in good faith or by inadvertence or mistake. The authorities are not in agreement as to the measure of damages in the case of enhanced value by acts of a wrongdoer.94 An important consideration is the form of action adopted,95 and rules peculiar to individual forms of actions will be fully discussed in other pertinent titles, as in Replevin 273 [54 C.J. p 621 note 47 ! p 622 note 55], Trespass 109 [63 C.J. p 1040 notes 36-42], and Trover 169 [65 C.J. p 140 note 28 ! p 141 note 36]. As a general rule, a distinction is observed as to the measure of such damages in case of a willful and intentional wrongful act, and such act as the result of inadvertence or mistake or when done in good
faith and without any intention of committing a wrongful act.96 (2) Against Innocent Trespasser As against an innocent trespasser the measure of damages recoverable by the owner usually is the value of the property before its enhancement. While the innocent wrongdoer may be deprived of his labor or materials where the property is recovered by the owner in specie (infra 8), in an action by the owner against an innocent trespasser for damages, as in an action in trover (Trover and Conversion 169 [65 C.J. p 140 note 30]), trespass (Trespass 109 [63 C.J. p 1040 note 36]), or in replevin where the property cannot be recovered (Replevin 273 [54 C.J. p 622 notes 52, 53]), the owner may not, according to the weight of authority, recover more than the value of the property at the time that it was taken;97 but care should be exercised in applying the rule, and a premium to heedlessness and blunders and the temptation by false evidence to give an intentional wrongful act the appearance of an innocent mistake should not be afforded.98 There is some authority to the effect that in an action where the value of the property is recovered, the owner is entitled to the value of the property as enhanced by the innocent trespasser;99 and also that, since the expense involved in the labor or materials placed on the property may in some cases exceed the increase in value of the property, the owner may recover the value of the property in its new form less the labor or materials expended not to exceed the increase in value of the property.1
90. U.S. v. Ute Coal, etc., Co., 158 P. 20, 85 C.C.A. 302; 1 C.J. p 388 note 8. 91. Young v. Pine Ridge Lumber Co.. (Tex.Civ.App.) 100 S.W. 784. 92. Powers v. Tilley, 32 A. 714, 87 Me. 34, 47 Am.S.R. 304; 1 C.J. p 388 note 10. 93. Pettit v. Frothingham, 106 S.W. 907, 48 Tex.Civ.App. 105. 94. Dartmouth College v. International Paper Co., 132 F. 92; 1 C.J. p 388 note 99. 95. Dartmouth College v. International Paper Co., 132 F. 92; 1 C.J. p 388 note 1. 98. Kirby Lumber Co. v. Temple Lumber Co., (Tex.) 83 S.W.(2d) 638, reversing
v. Kirby Lumber Co., (Civ.App.) 42 S.W.(2d) 1070; 1 C.J. p 388 note 3. 97. Colo. ! Omaha, etc., Smelting, etc., Co. v. Tabor, 21 P. 925, 13 Colo. 41. Mich. ! Anderson v. Besser, 91 N.W. 737, 131 Mich. 481. Minn. ! Whitney v. Huntington, 33 N. W. 561, 37 Minn. 197. Miss. ! Heard v. James, 49 Miss. 236. Mo. ! Sligo Furnace Co. v. Hobart-Lee Tie Co., 134 S.W. 585, 153 Mo.App. 442. Wash. ! Seaboard Securities Co. v. Berg, 31 P. (2d) 503. 1 C.J. p 388 notes 97, 98, p 389 notes 29-30, p 390 note 31. Timber Tenant in common is not entitled to recover from cotenant value as
lumber of disproportionate amount of timber cut by cotenant, but is restricted to recovery of stumpage value thereof, notwithstanding finding is authorized that cotenant's cutting and appropriating of timber is in denial of tenant's rights, under claim adverse to tenant, and under circumstances amounting to ouster of tenant, in view of evidence showing that cotenant acted in good faith, and without malice, actual or implied. ! Kirby Lumber Co. v. Temple Lumber Co., (Tex.) 83 S.W.(2d) 638, reversing Temple Lumber Co. v. Kirby Lumber Co., (Civ.App.) 42 S.W.(2d) 1070. 98. Pettit v. Frothingham, 106 S.W. 907, 48 Tex.Civ.App. 105, 106. 99. Gray v. Robinson, 33 P. 712, 4 Ariz. 24; Sims v. Mead, 29 Kan. 124. 1. Eaton v. Langley, 47 S.W. 123, 65
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Temple Lumber Co.
Ark. 448, 42 L.R.A. 474.
(3) Against Willful Trespasser As against a willful trespasser the owner usually is! entitled to recover the value of the property as enhanced. The general rule, resting on wholesome and equitable principles, is that where the owner of property sues to recover the value thereof from one who willfully and intentionally took the property, he is entitled to recover the value of the property as enhanced by the labor or materials of the willful trespasser.2 The act must not be merely in reckless disregard of the rights of the owner, but it must be willful and the wrong intentional, or committed under such circumstances that the law will impute malice.3 With few exceptions the owner has been allowed the value of the property as enhanced by a willful trespasser in actions of trover (Trover and Conversion 169 [65 C.J. p 140 note 29]), trespass (Trespass 109 [63 C.J. p 1040 notes 37-39]), or in replevin where the property is not recovered in specie (Replevin 273 [54 C.J. p 621 note 51]). Some courts, however, have refused to permit the owner to recover more than the value of the property before it was enhanced by the intentional trespasser.4 7. ! Purchaser from Trespasser a. In general b. Damages a. In General The same rights and remedies exist against a purchaser from a trespasser without title as would exist against the trespasser himself. Since a trespasser without title can convey none, the owner of property which has been taken by a trespasser and sold to another ordinarily has the
same rights and remedies against the purchaser and against the trespasser.5 The owner may recapture the property or sue for its possession by an appropriate remedy or maintain an appropriate action against the purchaser for damages.6 It is immaterial whether the purchaser was innocent or had notice.7 If, however, the property comes into the hands of an innocent purchaser who transform it to such an extent that its identity is lost, the original owner may not recover the property itself.8 b. Damages (1) Against purchaser from innocent trespasser (2) Against purchaser from willful trespasser (1) Against Purchaser from Innocent Trespasser As against a purchaser from an innocent trespasser the measure of the owner's damages is the value of the property before its enhancement. Where the owner of property sues to recover the value thereof from an innocent purchaser of an unintentional trespasser, the owner is usually entitled to the value of the property less the labor or materials bestowed thereon by the trespasser.9 (2) Against Purchaser from Willful Trespasser As against a purchaser from a willful trespasser an owner usually is entitled to the value of the property as enhanced, unless the purchaser increased the value thereof. Except in a few decisions,10 the courts have refused to grant an abatement to the purchaser of a willful trespasser for labor or materials placed upon the property by the trespasser.11 However,
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2. Ind. ! Ellis V. Wire, 33 Ind. 127, 5 Am.R. 189. Miss. ! Heard v. James, 49 Miss. 236. Mo. ! Sligo Furnace Co. v. Hobart-Lee Tie Co., 134 S.W. 585, 153 Mo.App. 442; Finnell v. Million, 74 S.W. 419, 99 Mo. App. 552. Ohio. ! Tracy v. Athens & Pomeroy Coal & Land Co., 152 N.E. 641, 115 Ohio St. 298, affirming 153 N.E. 240, 22 Ohio App. 21. Wash. ! Fischnaller v. Sussman, 9 P. (2d) 378, 167 Wash. 367. 3. Kirby Lumber Co. v. Temple Lumber Co., (Tex.) 83 S.W. (2d) 638, reversing Temple Lumber Co. v. Kir-
by Lumber Co., (Civ.App.) 42 S.W. (2d) 1070. 4. Clay v. Palmer, 177 N.W. 840, 104 Neb. 476; Single v. Schneider, 30 Wis. 570. 5. E. B. Bolles Wooden-Ware Co. v. U. S., 1 S.Ct. 398, 106 U.S. 432, 27 L.Ed. 230; 1 C.J. p 388 notes 15, 16. 6. Omaha, etc., Smelting, etc., Co. v. Tabor, 21 P. 925, 13 Colo. 41, 16 Am. S.R. 185 and note, 5 L.R.A, 236; 1 C.J. p 388 note 17. 7. Strubbee v. Cincinnati R. Co., 78 Ky. 481, 39 Am.R. 251; 1 C.J. p 388 note 17. 8. Silsbury v. McCoon, 3 N.Y. 379, 53 Am.D. 307;
Meyers v. Gerhart, 103 P. 1114, 54 Wash. 657; 54 C.J. p 424 note 18. 9. Birmingham Mineral R. Co. v. Tennessee Coal, Iron & R. Co., 28 So. 679, 127 Ala. 137; White v. Yawkey, 19 So. 360, 108 Ala. 270, 54 Am.S.R. 159, 32 L.R.A. 199; Hoxsie v. Empire Lumber Co., 43 N. W. 476, 41 Minn. 548; Lake Shore, etc., R. Co. v. Hutchins, 37 Ohio St. 282. 10. Lake Shore, etc., R. Co. v. Hutchins, 37 Ohio St. 282; Lake Shore, etc., R. Co. v. Hutchins, 32 Ohio St. 571, 30 Am.R. 629. 11. Ala. ! Birmingham Mineral R. Co. v. Tennessee Coal, Iron & R. Co., 28 So. 679, 127 Ala. 137.
1 C. J. S. ACCESSION ! ACCESSORIUS SEQUITUR NATURAM 8UI PRINCIPALIS

if the purchaser of the intentional wrongdoer has bestowed labor or expense upon the property, a deduction for such amount should be made.12 8. ! itself is recovered by the owner from him, and is not entitled to recover the value of his labor or materials in a possessory action by the owner and may not reimburse himself by a separate action.14 While the rule permits the owner to profit perhaps by the value added by the innocent trespasser, nothing could more encourage carelessness than the acceptance of the principle that one who by mistake performs labor upon the property should lose nothing by his error, but should have a claim for remuneration against the owner; such a doctrine would offer a premium to heedlessness and blunders, and a temptation by false evidence to give an intentional trespass the appearance of an innocent mistake.15 Purchaser from trespasser. Where the property is recovered from an innocent purchaser from a willful trespasser, the purchaser is not entitled to compensation for labor or materials placed on the property by the trespasser,16 although some courts have shown greater consideration for such a purchaser when the action is for damages (supra 7).
Compensation for Labor and Ma-
terials
When the owner recovers his property, neither a willful, nor innocent trespasser, nor an innocent purchaser from a trespasser, is entitled to compensation for labor or materials. Where the property is recovered in specie (supra 6) from an intentional wrongdoer, the trespasser is not entitled to recoup the value of his labor or materials bestowed upon the property either in the action for the recovery of the property or in an independent action.13 Indeed, in most jurisdictions the willful trespasser is given no consideration although the action is one for damages as shown above in 6 b (2). Although in the case of an innocent trespasser, deductions are usually made where the action is for damages as shown above in 6 b (1), he fares no better than the willful wrongdoer when the property
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ACCESSORIUM NON DUCIT SED SEQUITUR SUUM PRINCIPALE.1 ACCESSORIUM NON TRAHIT PRINCIPALE.2 ACCESSORIUM SEQUITUR NATURAM REI CUI ACCEDIT.3
ACCESSORIUM SEQUITUR NATURAM SUI PRINCIPALIS.4 ACCESSORIUM SEQUITUR PRINCIPALE.5 ACCESSORIUS SEQUITUR NATURAM SUI PRINCIPALIS.6
Fla. ! Shaw V. Saunders, 85 So. 162, 79 Fla. 846. Ga. ! Milltown Lumber Co. v. Carter, 63 S.E. 270, 5 Ga.App. 344. Ky. ! Jones Dumber Co. v. Gatliff, 82 S.W. 295, 26 Ky.L. 616. Minn. ! Hoxsie v. Empire Lumber Co., 43 N.W. 476, 41 Minn. 548. 1 C.J. p 389 note 22. 12. Fisher v. Brown, 70 F. 570, 17 C. C.A. 225; Peters Box, etc., Co. v. Lesh, 20 N.E. 291, 119 Ind. 98, 12 Am.S.R. 367. 13. Bozeman Mortuary Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74; Busch v. Fisher, 50 N.W. 788, 89 Mich. 192; Gates v. Rifle Boom Co., 38 N.W. 245, 70 Mich. 309; Isle Royale Min. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520; Foote v. Merrill, 54 N.H. 490, 20 Am. R. 151; 1 C.J. p 389 note 24.
14. 1 C.J. p 389 notes 25-28. 15. Bozeman Mortuary Ass'n v. Fairchild, 68 S.W.(2d) 756, 253 Ky. 74; Isle Royale Min. Co. v. Hertin, 37 Mich. 332, 26 Am.R. 520, quoted in Eaton v. Langley, 47 S.W. 123, 126, 65 Ark. 448, 42 L.R.A. 474. 16. Strubbee v. Cincinnati R. Co., 78 Ky. 481, 39 Am.R. 251; Silsbury v. McCoon, 3 N.Y. 379, 53 Am.D. 307; 1 C.J. p 389 note 22. 1. A maxim meaning "The Incident does not draw, but follows its principal." ! Burrill L. D. Applied in The Geneva, 16 F. 874, 877 ! Cook's Est., 10 Pa.Co. 465, 467; 1 C.J. p 390 note 1 [a]. 2. A maxim meaning "The accessory does not draw the principal." ! Adams Gloss. Applied in Battle V. Colt, 26 N.Y. 404, 406.
3. A maxim meaning "The accessory follows the nature of that to which it relates." ! Stimson L. Gloss. 4. A maxim meaning "An accessory follows the nature of its principal." ! Broome Leg. Max. Applied in Marshall v. Moseley, 21 N.Y. 280, 282. 5. A maxim meaning "An accessory thing follows the principal thing." ! Adams Gloss. Applied in Ferguson's Est, 35 Pa. Co. 466, 469 ! Villanueva v. Claustro, 23 Philippine 54, 57; 1 C.J. p 390 note 5 [a]. 6. A maxim meaning "An accessory follows the nature of his principal." ! Burrill L. D., citing 3 Coke Inst. 139. Applied in Bass v. Chicago & Northwestern R. Co., 42 Wis. 654, 678, 24 Am.R. 437; 1 C.J. p 390 note 6 [a]. See also Criminal Law 16 C.J. p 135 127 text and notes 29, 30.
ACCESSORIUS SEQUITUR PRINCIPALEM.7 ACCESSORY. Adjective As an adjective, appurtenant, belonging to, incident.8 Phrases: "Accessory contract,"9 "accessory obligation,"10 and "accessory rights."11 Noun As a noun, the incident or thing appurtenant.12 The noun, also spelled "accessary," has been given particular application and meaning in relation
to parties to the commission of crimes as shown in the title Criminal Law 90-99 [16 C.J. p 134 note 17 - p 146 note 12]. Automobile accessory. Any article designed to be used in connection with such vehicle to add to its utility or ornamentation and which is primarily adapted for such use, whether or not essential to the operation of the vehicle.13 Other phrases: "Accessories for any of the articles enumerated,"14 "accessories for taxable vehicles,"15 "accessories of interstate commerce,"16 "accessories therefor,"17 "accessory of the land,"18 and "parts or accessories."19
7. A maxim meaning "An accessory follows or depends upon the principal." ! Adams Gloss., citing Bibithe's Case, 4 Coke 43b, 44a, 76 Reprint 991. 8. Burrill L. D. 9. La.Rev.Civ.Code (1875) art. 1771.
See Philadelphia Storage Battery Co. V. Lederer, 21 F.(2d) 320, 321. Things held included Speedometers, speedometer gears, shafts, and housings, and bumper bars, brackets, and fittings held to be "automobile accessories." ! Universal Battery Co. v. U. S., 50 S.Ct.
17. American Chain Co. v. HartfordConnecticut Trust Co., 11 F.Supp. 770, 772. 18. Woollums v. Hewitt, 77 So. 295, 296, 142 La. 597. 19. United States v. Jefferson Elec-
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10. Burrill L. D., citing Pothier Oblig. pt 2 c. 1 6; Bell D. 11. Credito y Ahorro Ponceno v. Gorbia, 25 F.(2d) 817, 820. Passage of such rights (1) "The sale or assignment of a credit includes that of all the "accessory rights," such as the security, mortgage, pledge, or privilege." ! Civ. Code Porto Rico, 1431 (Rev.Stats. & Codes of Porto Rico [1911] p 760). (2) "This is also the principle of the common law." ! Credito y Ahorro Ponceno v. Gorbia, 25 F.(2d) 817, 820. 12. Burrill L. D. With reference to land (1) Construing Civ. Code art 2461, providing that the sale of a thing includes that of its accessories, the court said: "In a sale of land without reserve of the timber standing upon the land, the timber passed with the land as an accessory of the land." ! Woollums v. Hewitt, 77 So. 295, 296, 142 La. 597. (2) In discussing acquisition of property by accretion, the court said: "The right 'in re' to the principal is likewise a right 'in re' to the accessory . . . since the accessory follows the nature of the principal." ! Villanueva v. Claustro, 23 Philippine 54, 57. 13. Universal Battery Co. v. U. S., 50 S.Ct. 422, 281 U.S. 580, 583, 74 L.Ed. 1051; Baton v. American Chain Co., 63 F. (2d) 783, 785; American Chain Co. v. Eaton, 58 F. <2d) 248, 251; Cuno Engineering Corporation v. U. S., 43 F.(2d) 259, 262; Marvel Products Co. v. U. S., 35 F. (2d) 979, 982.
422, 281 U.S. 580, 585, 74 L.Ed. 1051. Things held not included Electric cigar lighters, combination electric cigar lighters and ash receivers, held not "accessory" for automobile, hence not subject to manufacturer's excise tax. ! Cuno Engineering Corporation v. U. S., 43 F.(2d) 259, 262. "Part" compared. ! Universal Battery Co. v. U. S., 50 S.Ct. 422, 281 U.S. 580, 583, 74 L.Ed. 1051 ! American Chain Co. v. Eaton, 58 F.(2d) 248, 252 ! Marvel Products Co. V. U. S., 35 F.(2d) 979, 981, 982. Particular facts determine Segregation of articles which are and those which are not automobile "accessories," subject to manufacturer's excise tax, held to depend upon particular facts of each case. ! Cuno Engineering Corporation v. U. S., 43 F.(2d) 259, 262. 14. Eaton v. American Chain Co., 63 F.(2d) 783, 784; American Chain Co. V. Eaton, 58 F. (2d) 248, 251; American Chain Co. V. Hartford-Connecticut Trust Co., 11 F.Supp. 770, 772. 15. United States v. Jefferson Electric Mfg. Co., 54 S.Ct. 443, 450, 291 U.S. 386, 78 L.Ed. 859; Eaton v. American Chain Co., 63 F. (2d) 783, 785; American Chain Co. v. Eaton, 58 F. (2d) 248, 252; American Chain Co. v. Hartford-Connecticut Trust Co., 11 F.Supp. 770, 772. 18. Sullivan v. New York, etc., R. Co., 134 A. 795, 800, 105 Conn. 122.
tric Mfg. Co., 54 S.Ct. 443, 444, 291 U.S. 386, 78 L.Ed. 859; Cuno Engineering: Corporation v. U. S., 43 F.(2d) 259, 262. Test "Articles primarily adapted for use in motor vehicles are to be regarded as parts or accessories of such vehicles, even though there has been some other use of the article for which they are not so well adapted." ! Universal Battery Co. v. U. S., 50 S. Ct. 422, 423, 281 U.S. 580, 74 L.Ed. 1051, quoted in Eaton v. American Chain Co., 63 F.(2d) 783, 785 ! American Chain Co. v. HartfordConnecticut Trust Co., 11 F.Supp. 770, 772. Held included by phrase (1) Storage batteries specially suitable for use as automobile replacements held "parts or accessories" therefor. ! Universal Battery Co. v. U. S., 50 S.Ct. 422, 281 U.S. 580, 584, 74 L.Ed. 1051. (2) Top recovers, back curtains, and seat and floor coverings, which were primarily adapted for use in motor vehicles, held included by phrase, hence taxable as ''parts or accessories for automobiles." ! Crawford Mfg. Co. V. U. S., 50 F.(2d) 280, 282. (3) Clutch-collar oilers, tappet silencers, shim wedges, gear-shift silencers, steering-column silencers, and brake intensifiers held accessories of or parts for automobiles and trucks. ! Marvel Products Co. v. U. S., 35 F.(2d) 979, 982. (4) "Timing gears listed . . . as replacement parts for automobiles were primarily adapted for that use and fall within the court's definition of 'parts or accessories' for automobiles." ! Dalton & Balch v. U. S., 8 F. Supp. 727, 730.

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1938 Cumulative Annual Pocket Part
Volume 1
Insert this Pocket Part in back of volume Destroy prior pocket part
Brooklyn, N. Y. The American Law Book Co.
4. ! Materials of Different Persons United

page 415 31. U.S. ! Kemp-Booth Co. v. Calvin, C.C.A.Wash.,
page 417 37. Minn. ! Goodrich Silvertown Stores of B. F. Goodrich Co. v. Pratt Motor Co., 269 N.W. 464. Tex. ! Firestone Service Stores v. Darden, Civ.
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84 F.2d 377. App., 96 S.W.2d 316, Tex. ! Compton v. W. F. & J. F. Barnes Lumber Co., Civ.App., 99Automobile parts. The doctrine of accession has its obvious S.W.2d 634, 636, error dismissed, citing C.J.S. limitations when applied to an automobile, the various parts of As applied to agency relationship, this old and well-established doctrinewhich are easily removed and replaced, or interchanged, often means that the addition of labor and materials by an agent does notwithout materially affecting the structure of the car. Indeed, it easily defeat the title of a consignor. ! Kemp-Booth Co. v. Calvin,lends itself to a reductio ad absurdum, as where a car is C.C.A.Wash., 84 F.2d 377. reconstructed with parts from several automobiles of the same make, 22. Property of person enforcing lieu but owned by different persons.39.1 "Where the articles later attached to an automobile or other principal39.1 Conn. ! Atlas Ins. Co. v. Gibbs, 183 A. 690, 121 article of personal property become so closely incorporated with theConn. 188. principal article that they cannot be identified and detached therefrom 5. ! Additions and Changes by Treswithout injury to the automobile or other principal article, such articles passer become a part of the machine or principal article to which they are so page 418 attached and will pass by accession to the one having a chattel mortgage 64. Purchaser of stolen car or other lien upon the principal article, if the lien is enforced." ! In an action for possession of a car stolen from plaintiff, and later Goodrich Silvertown Stores of B. F. Goodrich Co. v. Pratt Motor Co., purchased by defendant for eighty-five dollars, and converted into a Minn., 269 N.W. 464, 465. truck, plaintiff's recovery is limited to the market value of the car at 23. Ky. ! Black Motor Co. v. Foure, 99 S.W.2d 177, 266 the time of defendant's purchase, and not the enhanced value of the Ky. 431. car brought about by eight hundred dollars in improvements placed page 418 26. Tex. ! Firestone Service Stores v. Darden, Civ. App., 96 S.W.2dupon it by defendant. ! Ochoa v. Rogers, Tex.Civ.App., 234 S.W. 693, error dismissed. 316. 28. Minn. ! Goodrich Silvertown Stores of B. F. Goodrich Co. v. 8. ! Compensation for Labor and MaPratt Motor Co., 269 N.W. 464. terials In analogy to prior decisions dealing with the effect of a similarpage 423 provision in a conditional sale contract, it is held that a clause in aOptional judgment. A judgment giving plaintiff the option of chattel mortgage of the principal property that it shall cover added andregaining ownership of the property, in its improved state, by paying substituted parts and equipment placed on the property does not, asto defendants, third possessors in good faith, the value of their against a person furnishing detachable accessories under a conditionalmaterials and workmanship or to receive the value of the property at the time defendants obtained possession thereof has been deemed to sale contract, subject such added parts to the chattel mortgage.29.1 29.1 Minn. ! Goodrich Silvertown Stores of B. F. Goodrich Co. v. A.attain a fair result and decree substantial justice to the litigants.16.1 & A. Credit System, 274 N.W. 172 ! Goodrich Silvertown Stores of16.1 La. ! Cook v. Franavich, App., 169 So. 89. B. F. Goodrich Co. v. Pratt Motor Co., 269 N.W. 464.
ACCESSORY. page 424 Adjective Phrases: "Accessory use."11.1 11.1 N.H. ! Sullivan v. Anglo-American Inv. Trust Co., 193 A. 225, 227.
Noun 13. U.S. ! Routzahn v. Willard Storage Battery Co., C.C.A.Ohio, 65 F.2d 89, 90 ! Kamco, Inc. v. U. S., Ct.Cl., 10 F.Supp. 588, 591. Things held included Batteries held covered by fire insurance policy on stock of "automobile accessories." ! Intermountain Ass'n of Credit Men v. Milwaukee Mechanics' Ins. Co., 258 P. 362, 365, 44 Idaho 491.
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"Part" compared U.S. ! Routzahn v. Willard Storage Battery Co., C.C.A.Ohio, 65 F.2d 89, 90. Automobile accessory. Appliances, extra parts, equipment therefor.13.1 13.1 Idaho. ! Intermountain Ass'n of Credit Men v. Milwaukee Mechanics' Ins. Co., 268 P. 362, 365, 44 Idaho 491. Other phrases: 19. U.S. ! Routzahn v. Willard Storage Battery Co., C.C.A.Ohio, 65 F.2d 89, 92 ! Kamco, Inc., V. U. S., Ct.Cl., 10 F.Supp. 588, 591 ! Laher Auto Spring Co. v. U. S., Ct.Cl., 5 F.Supp. 38, 40 ! Jefferson Electric Mfg. Co. v. U. S., Ct.Cl., 2 F.Supp. 778, 780. Test "Articles primarily adapted, etc." ! Routzahn v. Willard Storage Battery Co., C.CA.Ohio, 65 F. 2d 89, 90 ! Kamco, Inc., V. U. S., Ct.Cl., 10 F. Supp. 588, 591. (2) "Certainly it would be unreasonable to hold that articles equally adapted to a variety of uses, one of which is use in motor vehicles, must be classified as parts or accessories for such vehicles. And it would be also unreasonable to hold that articles can be so classified only where they are adapted solely for use in motor vehicles and are exclusively so used." ! Universal Battery Co. v. U. S., Ct.Cl., 50 S.Ct. 422, 423, 281 U.S. 580, 74 L.Ed. 1051 ! Routzahn v. Willard Storage Battery Co., C.C. A.Ohio, 65 F.2d 89, 90 ! Kamco, Inc. v. U. S., Ct. Cl., 10 F.Supp. 588, 591. Held Included by phrase (5) Rear-vision mirrors and mirror brackets of standard types designed for use in automobiles and automobile trucks, and primarily adapted for such use, held to be "parts or accessories" for automobiles. ! Kamco, Inc. v. U. S., Ct.Cl., 10 F.Supp. 588, 591. (6) Springs, all but a very small percentage of which, were designed or manufactured for the purpose of being used upon automobiles, and were primarily adapted for such use held to be "parts or accessories" for automobiles. ! Laher Auto Spring Co. v. U. S., Ct.Cl., 5 F.Supp. 38, 40. Held not included (1) Routzahn v. Willard Storage Battery Co., C.C.A.Ohio, 65 F.2d 89, 91, 92. (4) Ignition coils not specially designed for, or primarily adaptable to, automobiles held not to be "parts or accessories" for automobiles. ! Jefferson Electric Mfg. Co. v. U. S., Ct.Cl., 2 F. Supp. 778, 780. "Stock of automobile accessories."19.1 19.1 Idaho. ! Intermountain Ass'n of Credit Men v. Milwaukee Mechanics' Ins. Co., 258 P. 362, 365, 44 Idaho 491. ACCIDENT. In General page 425 20. Exact comprehensive definition difficult or impossible (2) To same effect Cell v. Tale & Towne Mfg. Co., 275 N.W. 250, 252, 281 Mich. 564.
(3) Miser v. Iowa State Traveling Men's Ass'n, Iowa, 273 N.W. 155, 159. Application more difficult than definition "It is not difficult to formulate a definition of the word 'accident' when that term is used in its usual sense. The difficulty arises in deciding whether or not the facts in a particular case show that a particular Injury was due to accident." ! Knaup v. Western Coal & Mining Co., Mo.App., 105 S.W.2d 46, 48. 21. Ill. ! Ervin v. Industrial Commission, 4 N.E.2d 22, 25, 364 Ill. 56. Iowa. ! Miser v. Iowa State Traveling Men's Ass'n, 273 N.W. 155. 159. Kan. ! Spence v. Equitable Life Assur. Soc. of United States, 69 P.2d 713, 717, 146 Kan. 216, citing C.J.S. Mich. ! Cell v. Tale & Towne Mfg. Co., 275 N.W. 250, 252, 281 Mich. 564. Very broad in scope (1) Soukop v. Employers' Liability Assur. Corporation, Limited, of London, England, Mo., 108 S. W.2d 86, 91, 112 A.L.R. 149. (2) "So far as our search reveals, no court has attempted to circumscribe the meaning of the word 'accident' as applied to different combinations of circumstances resulting in traumatic injuries to an individual although many definitions have been ascribed thereto." ! Ervin v. Industrial Commission, 4 N.E.2d 22, 24, 25, 364 Ill. 56. 22. Mich. ! Cell v. Tale & Towne Mfg. Co., 275 N.W. 250, 252, 281 Mich. 564. Mo. ! Soukop v. Employers' Liability Assur. Corporation, Limited, of London, England, 108 S. W.2d 86, 91, 112 A.L.R. 149. Neb. ! Updike Inv. Co. v. Employers Liability Assurance Corporation, Limited, of London, England, 270 N.W. 107, 110, 131 Neb. 745. Much discussed term (3) "Our Supreme Court and this court have frequently defined the word 'accident.' " ! American Income Ins. Co. v. Kindlesparker, Ind.App., 200 N.E. 432, 435. 102 Ind.App. 445. page 426 23. Kan. ! Spence v. Equitable Life Assur. Soc. of United States, 69 P.2d 713, 717, 146 Kan. 216, citing C.J.S. 26. Mo. ! Knaup v. Western Coal & Mining Co., App., 105 S.W.2d 46, 48. Broad Etymological Sense 28. Similarly expressed "Its root is 'accldere,' meaning to happen." ! Beehler Steel Products Co. v. American Mut. Liability Ins. Co., Mo.App., 108 S.W.2d 985, 986. 29. Mo. ! Beehler Steel Products Co. v. American Mut. Liability Ins. Co., App., 108 S.W.2d 9S5, 986. Common Popular Sense page 427 35. Ind. ! Cunningham v. Warner Gear Co., App., 198 N.E. 808, 812.
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SPECIMEN PAGES OF C.J.S. VOLUME INDEX

ABSTRACTS OF TITLE Absence of liens, etc., necessity of showing, 4 Abstract books, 1 Abstract companies, 5 Accrual of right of action against abstracter, 13 Actions against abstracter, 13 Agents, ordering abstract for undisclosed principal, liability of abstracter, 11 Anticipating defenses in action against abstracter, 13 Bond of, Abstracter, 8, 11 Public officer making searches, liability, 12 Breach of contract by abstracter, 11 Burden of proof in action against abstracter, 13 Care and skill required of abstracter, 9 Certificate as to title, 10 Nature and extent of liability, 11 Compensation of abstracter, 7 Confidential relation of abstracter to customer, 10 Contents, 4 Continuation, 4, 11 Contract by officer to search title, 3 Corrections, deductions from abstracter's compensation, 7 County, making, 3 Criminal responsibility of abstracter, 14 Damages, liability of abstracter, 6, 11 Declaration or complaint in action against abstracter, 13 Defenses to action against abstracter, 13 Definition, 1 ! Duties of abstracter, 6-12 Encumbrances, knowledge, care and skill required of abstracter, 9 Errors, liability of, Abstracter, 6 Public officer, 12 Estoppel of abstracter by failure to represent encumbrance, 10, n. 9 Evidence in action against abstracter, 13 False entry, willful inclusion, 11 Fees of abstracter, 7 Form and requisites, 4 Guaranty of title by abstracter, 11 Index of records, 4, n. 25 Interest on damages against abstracter, 11 Issues and proof in action against abstracter, 13 Knowledge, care and skill required of abstracter, 9 Liability of abstracter, 6-12 Liens, knowledge, care and skill required of abstracter, 9 Limitation of liability by abstracter, 11 Mechanic's liens, knowledge required of abstracter, 9, n. 76 Mitigation of damages for, errors, omissions or defects, 11 Nature and extent of liability of abstracter, 11 Nature and form of duties of abstracter, 10 Negligence of, Abstracter, 11 Public officer making searches, liability, 12 Object or function of abstract of title, 2 Omissions, liability of, Abstracter, 6, 11 Public officer, 12 Opinion as to title, 10, 11 Partial abstract, 4 Persons liable for abstracter's compensation, 7 Persons making, 3 Persons to whom abstracter liable, 11 Pleading in action against abstracter, 13 Prejudice, use of information obtained by abstracter to prejudice of customer, 10 Public officers, Compensation, 7 Search by, 3, 12 Qualifications of abstracter, 3, 9 Questions of law and fact in actions against abstracter, 13 Recertification, 11 Reissuance of abstract, 11 Relation of abstracter to customer, 10 Rights, duties and liabilities, 6-12 Stipulations as to liability of abstracter, 11 Tax deed, evidence in action against abstracter for damages from errors, 13, n. 59 Taxes, misstatement as to payment, 11 Undisclosed principal, liability of abstracter on abstract ordered by agent, 11 Variance in actions against abstracter, 13 Verification, 4
ACCESSION Accessories, attaching to automobile, 4 Action by owner of property, Against purchaser from trespasser, 7 For possession or damages, 6 Art, transformation of granite into works of art, 2, n. 10 Damages, Action against purchaser from trespasser, 7 Action against trespasser, 6 Recovery by owner of property, 6 Definition, 1 Evidence in action by owner of property, 6
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Automobiles, Additions and changes by trespasser, 5 Conditional buyer attaching equipment, 4 Burden of proof in action by owner for trespass, 6 Change of, Identity of property by trespasser, 5 Species of property, 5 Civil law origin, 1 Compensation for labor and materials, 8 Conditional sales, Additions by purchaser from conditional seller, 5, n. 43 Buyer of automobile attaching equipment, 4
History and scope of title, 1 Loss of identity of property, title of trespasser, 5 Manufacture, 3 Materials of different persons united, 4 Mortgaged article, merger by accession, 4, n. 26. Nature and effect, 2-5 Pleading in action by owner of property, 6 Presumptions in action by owner for trespass, 6 Purchaser from trespasser, compensation for labor and material, 8 Questions for jury, Action by owner for trespass, 6 Manufacture of materials, 3, n. 15
Recapture of possession by owner, 6 Repairs, 3 Rights and remedies against person taking property of another, 6 Tires, conditional buyer attaching to car, 4 Trespasser, Action against purchaser from, 7 Action by owner of property against, 6 Adding or changing property, 5 Compensation for labor and materials, 8
Trespasser ! Continued, Damages in action against trespasser, 6 Value, disparity in value between new product and original resulting from trespasser's efforts, 5 Wilful trespasser, Acquisition of title by accession, 5 Action by owner of property against purchaser from trespasser, 7 Compensation for labor and materials, 8 Damages in action against trespasser, 6
ACCIDENT INSURANCE See title, Insurance
ACCORD AND SATISFACTION Abatement in price as accord and satisfaction, 32, n. 83 Abatement of claim, part payment as accord and satisfaction, 32 Acceptance, 3, n. 65, 6, 37, n. 84 Money, execution or performance of accord, 37 Part payment as full satisfaction, 34 Pleading, 47 Promise in satisfaction, 22 Questions for jury, 49 Accident insurance, Acceptance of part payment as satisfaction in full, 34, n. 12 Check for insurance for part payment, 31 Accord without satisfaction, 38 Account, Part payment accompanied with account showing balance due, 33 Part payment on undisputed count as satisfaction, 32, n. 63 "A/c in full to date," check offered in satisfaction by part payment, 33, n. 87 Account stated distinguished, 1 Acquiescence in unjustified claims as accord and satisfaction, 6 Ambiguity of offer of part payment in full satisfaction, 33 Amendment of plea, 47 Answer, 47 Appeal and error, Action on judgment, 8 Waiver of right by debtor as part payment, 29 Apologies, Basis of, 8 Consideration, 4, n. 6 Arbitration and award distinguished, 1 Arbitration award as subject of, 8 Architect, misrepresentation in accord with, 3, n, 85 Assault, claim as basis of, 8 Assignment, Accord with creditor and his assignee, 3, n. 85 Part payment as, 29 Assignment for benefit of creditors, part payment together with agreement not to assign, 30 Assumpsit, issues and proof of, 47, n. 99 Attorney, Authority as question for jury, 49 Evidence of relationship of attorney and client, 48, n. 61 Part payment of claim for services, 32
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Actions, Commencement as notice of refusal of check in part payment as satisfaction, 34, n. 56 Discontinuance of actions against each other as accord and satisfaction, 23 Acts as accord and satisfaction, 17 Actual performance of accord as satisfaction, 37, n. 82 Additional consideration, part payment, 29 Additional security as accord and satisfaction, 25 Affidavit, 47 Evidence, 48, n. 40 Agent, accord and satisfaction by, 16 Authority as question for jury, 49 Existence of relation affecting account stated, 1, n. 11 Instructions as to accord and satisfaction by agent, 49 Part payment on claim as accord and satisfaction, .32, n. 64 Part payment received for principal as accord and satisfaction, 29 Tender of part payment as satisfaction, 33 Agreement, 3
Part payment of compensation as consideration for, 29 Part payment received for client as, 29 Pleading in action to recover fees, 47, n. 1 Automobiles, Deduction or set-off for damages affecting part payment as accord and satisfaction, 32, n. 63 Evidence of taking in satisfaction of note, 48, n. 51 Replacement of damaged body as satisfaction, 20, n. 52 Avoidance, 42-44 Award, contract obligation, 8 Bankruptcy, forbearance to take advantage of bankruptcy law with part payment as accord and satisfaction, 30 Belief in acceptance of part payment as accord and satisfaction, 34 Bill of particulars, Evidence admissible under pleading, 47, n. 3 Repugnancy to plea, 47
THE LAW CHART

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A Practical Working Index of the Standard Law Titles Under the Seven Grand Divisions:
I PERSONS II PROPERTY III CONTRACTS IV TORTS V CRIMES VI REMEDIES VII GOVERNMENT

ALL RELATED TITLES ARE HERE GROUPED Enabling Comparison and Discrimination in the Selection of the Right One.
DIRECTIONS FIRST: Select the Grand Division that Covers Your Question. I SECOND: Select its Pertinent Subhead. THIRD: Under the Subhead Select the Most Specific Title.
Copyright, 1924, by the American Law Book Co. In Volume One Principles and Practice of Legal Research
I PERSONS
INCLUDING ASSOCIATIONS, PARTNERSHIPS, AND CORPORATIONS
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Classes of Natural Persons in General

Absentees Adjoining Landowners Aliens Ambassadors and Consuls Amicus Curi! Bastards Citizens Convicts Drunkards Indians Infants Innkeepers Insane Persons Manufactures Paupers Principal and Surety Slaves Spendthrifts
Domicile Elections Juries Right of Privacy Searches and Seizures Weapons
Health and Welfare Regulations

Adulteration Asylums Food Gaming Health Hospitals Inspection Intoxicating Liquors Licenses Monopolies Poisons Workmen's Compensation [Workmen's Compensation Acts in Corpus Juris]
Family and Domestic Relations

Adoption of Children Apprentices Divorce Guardian and Ward Husband and Wife Marriage Master and Servant Parent and Child
Birth, Death, and Sepulture

Cemeteries Concealment of Birth or Death Dead Bodies Death Suicide
Fiduciary and Representative Relations Agency

[Treated in American Digest under title Principal and Agent] Attorney and Client Brokers Depositaries Executors and Administrators Factors Guardian and Ward Powers Receivers Trusts
Names, Signatures, and Seals

Names Seals Signatures
Corporations, Partnerships, and Associations Generally

Associations Business Trusts [In Trusts in Corpus Juris. In Joint Stock Companies and Business Trusts in American Digest] Clubs Corporations Joint Adventures Joint-Stock Companies Partnership
Personal, Civil, and Political Rights

Aliens Citizens Civil Rights Constitutional Law Convicts
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I PERSONS
Corporations, Associations, etc., for Particular Business or Objects
Abstracts of Title Agriculture Annuities Asylums Banks and Banking Beneficial Associations Bridges Building and Loan Associations Business Trusts [In Trusts in Corpus Juris. In Joint Stock Companies and Business Trusts in American Digest] Canals Cemeteries Charities Clubs Colleges and Universities Electricity Exchanges Ferries Gas Hospitals Industrial Co-operative Societies Insurance Masters' and Employers' Associations Mercantile Agencies Mines and Minerals Principal and Surety Railroads Religious Societies Schools and School Districts Street Railroads Telegraphs and Telephones Trade Unions Waters Steam Street Railroads Telegraphs and Telephones Turnpikes and Toll Roads Warehousemen and Safe Depositaries Waters Wharves
Particular Occupations
Abstracts of Title Aerial Navigation Agriculture Animals Apprentices Architects Attorney and Client Auctions and Auctioneers Banks and Banking Brokers Carriers Commerce Depositaries Detectives Druggists Exchanges Factors Fish Food Game Hawkers and Peddlers Innkeepers Insurance Intoxicating Liquors Licenses Livery Stable Keepers [Livery Stable and Garage Keepers in Corpus Juris] Logs and Logging Manufactures Mercantile Agencies Mills Mines and Minerals Money Lenders [In Pawnbrokers in Corpus Juris] Motor Vehicles Newspapers Notaries Pawnbrokers Physicians and Surgeons Pilots Seamen Stenographers Theaters and Shows Towage Warehousemen and Safe Depositaries Wharves
Public Services and Utilities

Aerial Navigation Bridges Canals Carriers Drains Electricity Ferries Gas Public Utilities [Treated in American Digest under title Public Service Commissions] Railroads Shipping
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II PROPERTY
Kinds and Classes
Property Animals Annuities Banks and Banking Bills and Notes Cemeteries Common Lands Conversion Copyright and Literary Property [Includes also matter treated in American Digest under title Literary Property] Crops Dead Bodies Electricity Explosives Fences Fish Fixtures Food Franchises Game Gas Good Will improvements Intoxicating Liquors Logs and Logging Mines and Minerals Motor Vehicles [Treated in American Digest under title Automobiles] Navigable Waters Party Walls Patents Private Roads Public Lands Shipping Slaves Steam Trade-Marks, Trade-Names, and Unfair Competition Trading Stamps and Coupons Waters Wharves Woods and Forests Landlord and Tenant Licenses Liens Mechanics' Liens Perpetuities Powers Tenancy In Common Trusts
Liens and Encumbrances

Liens Agriculture Animals Architects Attachment Attorney and Client Bailments Brokers Chattel Mortgages Executions Factors Garnishment Judgments Livery Stable Keepers [Livery Stable and Garage Keepers in Corpus Juris] Logs and Logging Maritime Liens Mechanics' Liens Mortgages Pledges Railroads Sales Taxation Vendor and Purchaser
Incidents to Ownership and Possession

Abstracts of Title Acknowledgments Adjoining Landowners Boundaries Covenants Depositaries Drains Exemptions Fences Improvements Navigable Waters
Particular Estates, Rights, or Interests

Estates [Includes also matter treated in American Digest under titles Estates Tail; Life Estates; Remainders; Reversions]
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Bailments Charities Curtesy Dower Easements Exemptions Ground Rents Homesteads Husband and Wife Joint Tenancy
Nuisances Party Walls Pent Roads Records Registration of Land Titles Salvage Taxation Trespass Waste Waters Weights and Measures
II PROPERTY
Acquisition and Disposition
Abandonment Accession Acknowledgments Adverse Possession Animals Assignments Assignments for Benefit of Creditors Auctions and Auctioneers Bailments Banks and Banking Champerty and Maintenance Charities Confusion of Goods Conversion Dedication Deeds Descent and Distribution Eminent Domain Escheat Escrows Estoppel Exchange of Property Executions Executors and Administrators Finding Lost Goods Frauds, Statute of Fraudulent Conveyances Gifts Infants Insane Persons Judicial Sales Lost Instruments Partition Perpetuities Pledges Powers Sales Salvage Seals Vendor and Purchaser Wills
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Ill CONTRACTS
In General
Acknowledgments Alteration of Instruments Contracts Customs and Usages Frauds, Statute of Holidays Interest Seals Signatures Sunday Time Usury Weights and Measures Breach of Marriage Promise Building and Construction Contracts [In Contracts in Corpus Juris Secundum] Champerty and Maintenance Compositions with Creditors Compromise and Settlement Covenants Deeds Depositaries Escrows Exchange of Property Franchises Gaming Gifts Guaranty Indemnity Interest Joint Adventures Landlord and Tenant Liens Lotteries Monopolies
Employment
Agency [Treated in American Digest under title Principal and Agent] Apprentices Architects Attorney and Client Auctions and Auctioneers Brokers Factors Master and Servant Motor Vehicles [Treated in American Digest under title Automobiles] Physicians and Surgeons Salvage Seamen Towage Work and Labor
Implied and Quasi Contracts

Accounting
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[Accounts and Accounting in Corpus Juris] Contribution Money Lent Money Paid Money Received Principal and Surety Use and Occupation Work and Labor
Mortgages Novation Partnership Principal and Surety Recognizances Release Rewards Sales Shipping Stipulations Subscriptions Trading Stamps and Coupons Undertakings Vendor and Purchaser
Discharge of Contracts
Contracts Accord and Satisfaction Alteration of Instruments Compositions with Creditors Compromise and Settlement Novation Payment Release Tender
Particular Classes Accord and Satisfaction Adoption of Children Agency [Treated in American Digest under title Principal and Agent] Arbitration and Award Assignments Bills and Notes Bonds
Bailments Animals Bailments Depositaries Innkeepers Livery Stable Keepers [Livery Stable and Garage Keepers in Corpus Juris] Motor Vehicles Pawnbrokers Pledges Warehousemen and Safe Depositaries
Insurance Insurance [The insurance titles listed below which were separate titles in Corpus Juris are all treated in this title in Corpus Juris Secundum] Accident Insurance Boiler Insurance Burglary and Theft Insurance Credit Insurance Cyclone and Tornado Insurance Fidelity Insurance Fire Insurance Hail Insurance Health Insurance Industrial Insurance Liability Insurance Life Insurance Lightning Insurance Live-Stock Insurance Lloyd's Insurance Marine Insurance Mutual Benefit Insurance Plate-Glass Insurance Rent Insurance Title Insurance
Carriers
Aerial Navigation Carriers Ferries Shipping
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Ill CONTRACTS
Involving Particular Estates or Kinds of Property By Persons or Corporations in Particular Status or Occupation
Agency [Treated in American Digest under title Principal and Agent] Aliens Apprentices Architects Associations Attorney and Client Auctions and Auctioneers Banks and Banking Beneficial Associations Brokers Building and Loan Associations Business Trusts [In Trusts in Corpus Juris Secundum. In Joint Stock Companies and Business Trusts in American Digest] Clubs Colleges and Universities Convicts Corporations Counties Depositaries Drunkards Electricity Exchanges Factors Food Gas Guardian and Ward Husband and Wife Indians Infants Innkeepers Insane Persons Joint Adventures Joint Stock Companies Joint Tenancy Livery Stable Keepers [Livery Stable and Garage Keepers in Corpus Juris] Logs and Logging Manufactures Master and Servant Mercantile Agencies Money Lenders [In Pawnbrokers in Corpus Juris] Municipal Corporations Mutual Benefit Insurance Newspapers Officers Parent and Child Partnership Pawnbrokers Physicians and Surgeons Principal and Surety Railroads Receivers Religious Societies Schools and School Districts Slaves Spendthrifts Steam Street Railroads Telegraphs and Telephones Theaters and Shows Trade Unions Warehousemen and Safe Depositaries Waters Abstracts of Title Animals Annuities Bailments Bonds Boundaries Chattel Mortgages Copyright and Literary Property [Includes also matter treated in American Digest under title Literary Property] Crops Curtesy Deeds Dower Easements Exemptions Fences Fixtures Food Franchises Good Will Homesteads Improvements Intoxicating Liquors Logs and Logging Mines and Minerals Mortgages Motor Vehicles [Treated in American Digest under title Automobiles] Partition Party Walls Patents Railroads Sales Tenancy In Common Trade-Marks, Trade-Names, and Unfair Competition Trading Stamps and Coupons Vendor and Purchaser Waters Wharves
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IV TORTS
Brokers Carriers Charities Colleges and Universities Corporations Counties Detectives Druggists Electricity Executors and Administrators Explosives Extortion Factors Ferries Food Gas Guardian and Ward Hospitals Husband and Wife Indians Infants Innkeepers Insane Persons Landlord and Tenant Livery Stable Keepers [Livery Stable and Garage Keepers in Corpus Juris] Logs and Logging Manufactures Master and Servant Mercantile Agencies Mines and Minerals Money Lenders [In Pawnbrokers in Corpus Juris] Motor Vehicles [Treated in American Digest under title Automobiles] Municipal Corporations Parent and Child Partnership Pawnbrokers Physicians and Surgeons Pilots Railroads Schools and School Districts Seamen Shipping
Affecting or Involving Particular Estates or Kinds of Property

Adjoining Landowners Animals Chattel Mortgages Copyright and Literary Property [Includes also matter treated in American Digest under title Literary Property] Easements Exemptions Explosives Fish Food Game Joint Tenancy Landlord and Tenant Logs and Logging Mines and Minerals Motor Vehicles [Treated in American Digest under title Automobiles] Patents Steam Tenancy in Common Trade-Marks, Trade-Names, and Unfair Competition Waters
In General
Torts
Particular Torts
Abduction Abortion Affray Animals Apprentices Arrest Assault and Battery Collision Conspiracy Dead Bodies Death Explosives Extortion False Imprisonment Fires Forcible Entry and Detainer Fraud Fraudulent Conveyances Kidnapping Libel and Slander Malicious Prosecution Negligence Nuisances Poisons Rape Right of Privacy Seduction Threats and Unlawful Communications Trespass Trover and Conversion Usury Waste Waters Weapons
Accompanying Use of Roads, Streets, and Public Utilities

Aerial Navigation Bridges Canals Carriers Counties Drains Electricity Ferries Gas Highways Motor Vehicles [Treated in American Digest under title Automobiles] Municipal Corporations Railroads Shipping
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By Persons or Corporations in Particular Status or Occupation

Agency [Treated in American Digest under title Principal and Agent] Asylums Attorney and Client Bailments Banks and Banking Bridges
Steam Street Railroads Telegraphs and Telephones Theaters and Shows Towage Warehousemen and Safe Depositaries Waste Waters Workmen's Compensation [Workmen's Compensation Acts in Corpus Juris]
Steam Street Railroads Telegraphs and Telephones Turnpikes and Toll Roads Warehousemen and Safe Depositaries Waters Wharves
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V CRIMES
Criminal Law and Procedure
Criminal Law Indictments and Informations Arrest Ball Convicts Costs Extradition Fines [Fines, Forfeitures and Penalties in Corpus Juris] Forfeitures [Fines, Forfeitures and Penalties in Corpus Juris] Grand Juries Habeas Corpus Juries Pardons Penalties [Fines, Forfeitures and Penalties in Corpus Juris] Prisons Reformatories Rewards Searches and Seizures Witnesses Banks and Banking Barratry Bigamy Blasphemy Breach of the Peace Bribery Burglary Champerty and Maintenance Common Scold Compounding Offenses [Compounding Felony in Corpus Juris] Concealment of Birth or Death Conspiracy Counterfeiting Crops Dead Bodies Disorderly Conduct Disorderly Houses Disturbance of Public Meetings Drunkards Dueling Embezzlement Embracery Escape Extortion False Imprisonment False Personation False Pretenses Fences Fires Fish Flags Food Forcible Entry and Detainer Forgery Fornication Fraudulent Conveyances Gaming Homicide Incest Insurrection and Sedition Intoxicating Liquors Kidnapping Larceny Lewdness Libel and Slander Lotteries Malicious Mischief Malicious Prosecution Mayhem Miscegenation Neutrality Laws Nuisances Obscenity Obstructing Justice Peonage Perjury Piracy Poisons Prize Fighting Profanity Prostitution Rape Receiving Stolen Goods Rescue Riot Robbery Seduction Sodomy Suicide Sunday Threats and Unlawful Communications Treason Trespass Unlawful Assembly Usury Vagrancy War Weapons Woods and Forests
Particular Crimes
Abduction Abortion Adulteration Adultery Affray Animals Apprentices Arson Assault and Battery
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VI REMEDIES
In General
Actions Arbitration and Award Conflict of Laws Costs Damages Election of Remedies Estoppel Limitations of Actions Parties Pleading Venue Workmen's Compensation [Workmen's Compensation Acts in Corpus Juris]
Process, Bail, and Appearance

Appearances Arrest Bail Ne Exeat Process Recognizances Scire Facias Searches and Seizures
Motions and Orders [Treated in American Digest under title Motions] Sequestration Supersedeas
New Trial and Review in Civil Actions

Appeal and Error [Includes also matter treated in American Digest under title Exceptions, Bill of] Audita Querela Certiorari Costs New Trial Review
Courts and Officers

Courts Federal Courts [Treated in American Digest under title Courts] Justices of the Peace Amicus Curi! Attorney and Client Attorney General Clerks of Courts Court Commissioners District and Prosecuting Attorneys Grand Juries Judges Reports Sheriffs and Constables Stenographers United States Commissioners United States Marshals
Notice Lis Pendens Newspapers Notice Time Trial Juries References Removal of Causes Submission of Controversy Trial
Particular Actions and Proceedings

Account, Action on [Accounts and Accounting in Corpus Juris] Accounting [Accounts and Accounting in Corpus Juris] Account Stated [Accounts and Accounting in Corpus Juris] Assumpslt, Action of Attachment Audita Querela Bastards Breach of Marriage Promise Cancellation of Instruments Case, Action on [Treated in American Digest under title Action on the Case] Certiorari Conspiracy Contempt Covenant, Action of Creditors' Suits Death Debt, Action of
Means and Methods of Proof

Acknowledgments Affidavits Alteration of Instruments Death Depositions Discovery Estoppel Evidence Frauds, Statute of Lost Instruments Oaths and Affirmations Records Registration of Land Titles Seals Signatures Witnesses
Incidents to Civil Procedure in General

Abatement and Revival Continuances Costs Deposits In Court Dismissal and Nonsuit
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Holidays Interest Recognizances Removal of Causes Searches and Seizures Set-Off and Counterclaim Stipulations Submission of Controversy Sunday Supersedeas Tender Time Undertakings
Judgments, Orders, and Enforcement Thereof

Assistance, Writ of Attachment Audita Querela Contempt Dismissal and Nonsuit Executions Exemptions Garnishment Homesteads Judgments Judicial Sales
Detinue Discovery Divorce Ejectment Eminent Domain Entry, Writ of Fines [Fines, Forfeitures and Penalties in Corpus Juris] Forcible Entry and Detainer Forfeitures [Fines, Forfeitures and Penalties in Corpus Juris] Garnishment
VI REMEDIES
Habeas Corpus Informations in Civil Cases [See Attorney General in Corpus Juris Secundum] Interpleader Lis Pendens Mandamus Mechanics' Liens Money Lent Money Paid Money Received Partition Penalties [Fines, Forfeitures and Penalties in Corpus Juris] Possessory Warrant
Extraordinary Remedies
Habeas Corpus Injunctions Mandamus Ne Exeat Prohibition Quo Warranto Scire Facias Supersedeas
Specific Performance Subrogation
Admiralty
Admiralty Collision Marine Insurance [Under Insurance in Corpus Juris Secundum] Maritime Liens Pilots Salvage Seamen Shipping Towage Wharves
Equity and Equitable Relief

Accounting
Bankruptcy and Insolvency
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Prohibition Quieting Title Quo Warranto Real Actions Receivers Replevin Scire Facias Searches and Seizures Sequestration Submission of Controversy Summary Proceedings Trespass Trespass to Try Title Trover and Conversion Use and Occupation Waste Work and Labor
[Accounts and Accounting in Corpus Juris] Assistance, Writ of Cancellation of Instruments Creditors' Suits Discovery Equity Estoppel Injunctions Interpleader Marshaling Assets and Securities Ne Exeat Partition Quieting Title Receivers References Reformation of Instruments
Assignments for Benefit of Creditors Bankruptcy Compositions with Creditors Creditors' Suits Fraudulent Conveyances Insolvency Receivers
Probate Law
Descent and Distribution Escheat Executors and Administrators Wills
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VII GOVERNMENT
Systems and Sources of Law Common Law Conflict of Laws Constitutional Law Customs and Usages Equity International Law Modern Civil Law Parliamentary Law Reports Statutes Treaties International Law Aliens Ambassadors and Consuls Extradition Extraterritoriality [Under Conflict of Laws in Corpus Juris Secundum] Flags International Law Neutrality Laws Treaties War Coroners Court Commissioners Detectives District and Prosecuting Attorneys Elections Extortion Grand Juries Judges Justices of the Peace Notaries Oaths and Affirmations Officers Registers of Deeds Sheriffs and Constables Stenographers United States Commissioners United States Marshals
Citizenship and Domicile Allens Citizens Domicile Indians Paupers Slaves Public Domain Mines and Minerals Navigable Waters Public Lands
Political Bodies and Divisions Counties Dependencies, Colonies, and British Possessions District of Columbia Municipal Corporations Schools and School Districts States Territories Towns United States
Governmental Powers and Functions Bounties Commerce Census Copyright and Literary Property [Includes also matter treated in American Digest under title Literary Property] Drains Elections Eminent Domain Escheat Fines [Fines, Forfeitures and Penalties in Corpus Juris] Flags Forfeitures [Fines, Forfeitures and Penalties in Corpus Juris] Franchises Highways Levees Newspapers Patents Paupers Penalties [Fines, Forfeitures and Penalties in Corpus Juris] Pensions Post Office Records Registration of Land Titles Rewards Schools and School Districts Seals Searches and Seizures Shipping Workmen's Compensation [Workmen's Compensation Acts in Corpus Juris]
Officers and Elections
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Ambassadors and Consuls Amicus Curi! Attorney and Client Attorney-General Clerks of Courts
Revenue and Taxation Counties Customs Duties Internal Revenue Municipal Corporations Taxation
VII GOVERNMENT
War and Public Safety
Army and Navy Insurrection and Sedition Militia Riot War
Governmental Institutions
Asylums Cemeteries Colleges and Universities Hospitals Prisons Reformatories Schools and School Districts
Governmental Regulations and Licenses

Commerce Ferries Fish Food Game Hawkers and Peddlers Health Highways Holidays Inspection Intoxicating Liquors Licenses Lotteries Manufactures Mercantile Agencies Money Lenders [Under Pawnbrokers in Corpus Juris] Monopolies Motor Vehicles [Treated in American Digest under title Automobiles] Navigable Waters Pawnbrokers Physicians and Surgeons Pilots Poisons Sunday Theaters and Shows Warehousemen and Safe Depositaries Waters Weapons Weights and Measures Wharves
Roads and Highways

Bridges Canals Ferries Highways Municipal Corporations Navigable Waters Pent Roads Private Roads Turnpikes and Toll Roads Wharves
Public Services and Utilities

Aerial Navigation Bridges Canals Carriers Drains Electricity Ferries Gas Public Utilities [Treated in American Digest under title Public Service Commissions] Railroads Shipping Steam Street Railroads Telegraphs and Telephones Turnpikes and Toll Roads Warehousemen and Safe Depositaries
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Woods and Forests
Waters Wharves
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CORPUS JURIS SECUNDUM

By DONALD J. KISER, LL.D.

The American Law Book Co.

Copyright, 1938 By The American Law Book Company

Lord Campbell's Act and statutes of like

IV. COMPLETION OF THE SEARCH

V. CORPUS JURIS SECUNDUM

WORDS AND PHRASES AND MAXIMS

VI. CORPUS JURIS

VII. THE SPECIMEN PAGES

CORPUS JURIS SECUNDUM

ALL REPORTED CASES

WILLIAM MACK, LL. D.

DONALD J. KISER, LL. D.

The American Law Book Co.

BROOKLYN, NEW YORK. APRIL, 1936

1. Definition, History, and Scope of Title a. In general b. History a. In General

2. Nature and Effect

b. Articles or Materials Severable or Detachable

4. ! Materials of Different Persons

or mortgaged do not pass to the seller or mortgagee by accession."36

6. Rights and Remedies

Temple Lumber Co.

Ark. 448, 42 L.R.A. 474.

1 C. J. S. ACCESSION ! ACCESSORIUS SEQUITUR NATURAM 8UI PRINCIPALIS

Compensation for Labor and Ma-

CORPUS JURIS SECUNDUM

1938 Cumulative Annual Pocket Part

Brooklyn, N. Y. The American Law Book Co.

4. ! Materials of Different Persons United

SPECIMEN PAGES OF C.J.S. VOLUME INDEX

ACCIDENT INSURANCE See title, Insurance

THE LAW CHART

I PERSONS II PROPERTY III CONTRACTS IV TORTS V CRIMES VI REMEDIES VII GOVERNMENT

Classes of Natural Persons in General

Domicile Elections Juries Right of Privacy Searches and Seizures Weapons

Health and Welfare Regulations

Family and Domestic Relations

Birth, Death, and Sepulture

Fiduciary and Representative Relations Agency

Names, Signatures, and Seals

Corporations, Partnerships, and Associations Generally

Personal, Civil, and Political Rights

Public Services and Utilities

Liens and Encumbrances

Incidents to Ownership and Possession

Particular Estates, Rights, or Interests

Implied and Quasi Contracts

Affecting or Involving Particular Estates or Kinds of Property

Accompanying Use of Roads, Streets, and Public Utilities

By Persons or Corporations in Particular Status or Occupation

Process, Bail, and Appearance

New Trial and Review in Civil Actions

Courts and Officers

Particular Actions and Proceedings

Means and Methods of Proof

Incidents to Civil Procedure in General

Judgments, Orders, and Enforcement Thereof

Specific Performance Subrogation

Equity and Equitable Relief

Bankruptcy and Insolvency

Officers and Elections