See Bail; False Personation, § 2; Prisons; allegations as to contract under which attached
Replevin, § 135.

considering the importance of the litigation, the attorney's skill, and the character of his services. -Id.

AUTHORITY.

See Principal and Agent, §§ 122-131.

AUTOMOBILES.

§ 77 (Ky.) Under Acts 1912, c. 4, § 18, banking commissioner in liquidating insolvent bank held authorized to sell real estate without consent or direction of the court and upon such terms as he believes to be to the best interests of all.-Ex parte Smith, 169 S. W. 582. Under Banking Act, when the banking com

See Highways, § 186; Insurance, § 435; Rail-missioner takes charge of a bank, he may act roads, § 348 Sales, §§ 38, 52, 120, 126, 166, without an order of the court; his acts being 267, 273, 279, 284, 391, 441.

BAIL.

II. IN CRIMINAL PROSECUTIONS.

§ 94 (Tex.Cr.App.) Proceedings to forfeit bail bonds being governed by the rules governing civil actions, an appeal from a judgment of forfeiture must be dismissed where no briefs as required in civil cases were filed in the lower court and the Court of Criminal Appeals.Thetford v. State, 169 S. W. 1153.

BALLOTS.

See Elections, §§ 216, 228, 255, 293, 295, 299.
BANKRUPTCY.

See Evidence, §§ 272, 366.

I. CONSTITUTIONAL AND STATU-
TORY PROVISIONS.

$9 (Ark.) The federal Bankruptcy Act of 1898 superseded state insolvency laws in so far as they relate to the same subject-matter and affect the same persons; hence state courts should not assume jurisdiction of a general assignment for creditors within four months after the date of the assignment.-Baxter County Bank v. Copeland, 169 S. W. 1180.

BANKS AND BANKING.

See Bills and Notes, § 370; Constitutional
Law, § 52; States, § 44.

Where either the transferror or the transferee of stock in a state bank has been compelled to pay any money on account of the statutory liability of stockholders, which the other in good faith should have paid, he may look to such other for repayment.-Id.

subject to review by the court.-Id.

When the banking commissioner files a report of his administration of a bank, it should lay over for an opportunity to file a petition for a review, and, if none is filed where real estate has been sold, the commissioner should be directed to execute conveyances, as is required when real estate is sold under a judgment.-Id. Where real estate is sold by a bank, of which the banking commissioner takes charge, before he takes charge he should file a report showing the fact, and, if no exceptions are filed to the report, the court should order him to collect any unpaid price and execute a conveyance. -Id.

III. FUNCTIONS AND DEALINGS. (C) Deposits.

§ 134 (Ark.) Where defendant and another executed to a bank a joint note for $3,500, the bank on maturity of the note was entitled to apply defendant's general deposit to its payment; and it was immaterial that the bank had no demand or set-off against the other joint maker, nor could defendant complain that suit was not brought for the whole amount of the note, but only for the balance due.-Rush v. Citizens' Nat. Bank, 169 S. W. 777.

BILL OF LADING.

§ 49 (Ky.) In an action to enforce the statu- See Bills and Notes. tory liability of a stockholder in an insolvent state bank, evidence held sufficient to support a finding that a transfer of the stock to defendant was absolute and not to secure a debt.-Robin- See Carriers, § 94. son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for 18 months, and until failure of bank, made no complaint, held, that it could not set up as a defense, to the enforcement of the statutory liability, that the transfer of the stock was fraudulent.-Id.

$49 (Tex.Civ.App.) In view of the national Banking Act, § 50, Acts 31st Leg. 2d Ex. Sess. c. 15, 89 (Rev. St. 1911, art. 459), authorizes the commissioner of banking to enforce the individual liability of stockholders in insolvent state banks whenever, in his judgment, such proceeding is necessary, and he need not make a preliminary showing to the court of such necessity.-Collier v. Smith, 169 S. W. 1108.

BILL OF PARTICULARS.

See Pleading, § 320.

BILLS AND NOTES.

See Account Stated, § 20: Appeal and Error, § 1050; Husband and Wife, §§ 85, 216, 232, 238; Judgment. § 715; Taxation, §§ 47, 351; Witnesses, § 149.

I. REQUISITES AND VALIDITY. (F) Validity.

$106 (Tex.Civ.App.) Where a corporation sold all its stock to S. & Co., who employed R

See Bail; False Personation, § 2; Prisons; allegations as to contract under which attached Replevin, § 135.

$381 (Tex.Civ.App.) In an action for wrongful attachment, verdict for plaintiffs in a cer§ 58 (Ky.) The acceptance of an assignment tain amount "as actual damages over and above by the debtor is unnecessary to enable the as- the principal and interest of the judgment" signee to maintain an action, where the assign-held sufficient to warrant the cancellation of the ment is for the full amount of the debt.-Phila- judgment recovered by defendant in the attachdelphia Veneer & Lumber Co. v. Garrison, 169 ment action.-Brady-Neely Grocer Co. v. De S. W. 714. Foe, 169 S. W. 1135.

considering the importance of the litigation, the
attorney's skill, and the character of his services.
-Id.

AUTHORITY.

See Principal and Agent, §§ 122–131.

AUTOMOBILES.

See Highways, § 186; Insurance, § 435; Rail-
roads, 348; Sales, §§ 38, 52, 120, 126, 166,
267, 273, 279, 284, 391, 441.

BAIL.

II. IN CRIMINAL PROSECUTIONS.
894 (Tex.Cr.App.) Proceedings to forfeit bail
bonds being governed by the rules governing
civil actions, an appeal from a judgment of for-
feiture must be dismissed where no briefs as
required in civil cases were filed in the lower
court and the Court of Criminal Appeals.
Thetford v. State, 169 S. W. 1153.

BALLOTS.

See Elections, §§ 216, 228, 255, 293, 295, 299.
BANKRUPTCY.

See Evidence, §§ 272, 366.

I. CONSTITUTIONAL AND STATU-
TORY PROVISIONS.

$9 (Ark.) The federal Bankruptcy Act of
1898 superseded state insolvency laws in so far
as they relate to the same subject-matter and
affect the same persons; hence state courts
should not assume jurisdiction of a general as-
signment for creditors within four months after
the date of the assignment.-Baxter County
Pank v. Copeland, 169 S. W. 1180.

BANKS AND BANKING.

See Bills and Notes, § 370; Constitutional
Law, § 52; States, § 44.

II. BANKING CORPORATIONS AND

ASSOCIATIONS.

(C) Stockholders.

§ 48 (Ky.) Under Ky. St. §§ 545, 546, and 595,
until transfer of bank stock is registered on the
books of the corporation, the creditors may look
to the transferror or the transferee, at their
election, in enforcing the statutory liability of
stockholders.-Robinson-Pettit Co. v. Sapp, 169

S. W. 869.

Where either the transferror or the transferee

of stock in a state bank has been compelled to
pay any money on account of the statutory
liability of stockholders, which the other in
good faith should have paid, he may look to
such other for repayment.-Id.

Dissolution.

(E) Insolvency and
877 (Ky.) Under Acts 1912, c. 4, § 18, bank-
ing commissioner in liquidating insolvent bank
held authorized to sell real estate without con-
sent or direction of the court and upon such
terms as he believes to be to the best interests
of all.-Ex parte Smith, 169 S. W. 582.

Under Banking Act, when the banking com-
missioner takes charge of a bank, he may act
without an order of the court; his acts being
subject to review by the court.-Id.

When the banking commissioner files a re-
port of his administration of a bank, it should
lay over for an opportunity to file a petition
for a review, and, if none is filed where real es-
tate has been sold, the commissioner should be
directed to execute conveyances, as is required
when real estate is sold under a judgment.-Id.
Where real estate is sold by a bank, of which
the banking commissioner takes charge, before
he takes charge he should file a report showing
the fact, and, if no exceptions are filed to the
report, the court should order him to collect
any unpaid price and execute a conveyance.
-Id.

III. FUNCTIONS AND DEALINGS.
(C) Deposits.

$ 134 (Ark.) Where defendant and another
executed to a bank a joint note for $3,500, the
bank on maturity of the note was entitled to ap-
ply defendant's general deposit to its payment;
and it was immaterial that the bank had no de-
mand or set-off against the other joint maker,
nor could defendant complain that suit was not
brought for the whole amount of the note, but
only for the balance due.-Rush v. Citizens' Nat.
Bank, 169 S. W. 777.

BILL OF LADING.

§ 49 (Ky.) In an action to enforce the statu- See Bills and Notes.
tory liability of a stockholder in an insolvent
state bank, evidence held sufficient to support a
finding that a transfer of the stock to defendant
was absolute and not to secure a debt.-Robin- See Carriers, § 94.
son-Pettit Co. v. Sapp, 169 S. W. 869.

Where the transferee of state bank stock for
18 months, and until failure of bank, made no
complaint, held, that it could not set up as a
defense, to the enforcement of the statutory
liability, that the transfer of the stock was
fraudulent.-Id.

§ 49 (Tex.Civ.App.) In view of the national
Banking Act, § 50, Acts 31st Leg. 2d Ex. Sess.
c. 15, 9 (Rev. St. 1911, art. 459), authorizes
the commissioner of banking to enforce the in-
dividual liability of stockholders in insolvent
state banks whenever, in his judgment, such
proceeding is necessary, and he need not make a
preliminary showing to the court of such neces-
sity.-Collier v. Smith, 169 S. W. 1108.

BILL OF PARTICULARS.

See Pleading, § 320.

BILLS AND NOTES.

See Account Stated, § 20; Appeal and Error,
§ 1050; Husband and Wife, §§ 85, 216, 232,
238; Judgment, § 715; Taxation, §§ 47, 351;
Witnesses, § 149.

I. REQUISITES AND VALIDITY.
(F) Validity.

§ 106 (Tex.Civ.App.) Where a corporation
sold all its stock to S. & Co., who employed R

to resell, and R. sold stock to defendant, receiving a note to S. & Co. for a part of the price, and another note for the balance, representing commissions, the latter note was not invalid as violating a statute prohibiting the corporation to sell stock except for money paid, labor done, or property actually received.Scheffel v. Smith, 169 S. W. 1131.

II. CONSTRUCTION AND OPERATION.
8 121 (Ky.) That one who signed a note as
surety signed the name of her principal with-
out authority does not make such surety the
principal. Mutual Benefit Life Ins. Co. v.
First Nat. Bank, 169 S. W. 1028.

IV. NEGOTIABILITY AND TRANSFER.
(C) Transfer Without Indorsement.
§ 211 (Ark.) Where the maker of a note drew
it to its own order, and then indorsed it in
blank, it was, in legal effect, a note payable to
bearer, and no written indorsement was neces-

noncompliance with his part of the contract, he
may in an action upon a note given in conse
quence of the contract set up such claim as a
defense.-Dutton v. Million, 169 S. W. 1183.
§ 494 (Ky.) Where the execution of notes is
admitted, the burden of proof is on defendant
to establish the defense of fraud in the procure-
ment of the note.-Pratt v. Rounds, 169 S. W.
848.

§ 525 (Ky.) That a purchaser of notes at a discount of 25 per cent. had purchased many notes from the payee at the same discount did not alone show that he was not a holder in due course, within Negotiable Instrument Act, §§ 25, 52, 56, 57.-Pratt v. Rounds, 169 S. W. 848. submission to the jury as to whether a note $537 (Tex.Civ.App.) Evidence held to require sued on had been executed to prevent a criminal prosecution against one of the parties.-Sanford v. John Finnigan Co., 169 S. W. 624. BLASPHEMY.

sary to pass title.-Williamson Bank & Trust See Telegraphs and Telephones, § 36.

Co. v. Miles, 169 S. W. 368.

V. RIGHTS AND LIABILITIES ON IN

DORSEMENT OR TRANSFER.

(D) Bona Fide Purchasers.

$343 (Ky.) That a purchaser before maturity of a note detached from a contract knew that

the contract empowered the payee to detach the note did not bring home to him knowledge of any fraud practiced on the maker at the time of the making of the contract and note.-Pratt v. Rounds, 169 S. W. 848.

BONA FIDE PURCHASERS.

See Bills and Notes, $$ 343-375; Vendor and
Purchaser, §§ 231, 232.

BONDS.

See Appeal and Error, §§ 383, 395, 1236; Bail;
Garnishment, § 241; Insurance, § 21; Mu-
nicipal Corporations, § 918; Principal and
Surety; Replevin, $$ 49, 135; Schools and
School Districts, § 97.

BOOKS.

§ 343 (Tex.Civ.App.) Where R. sold corporate stock to defendant, receiving a note for part of the price, representing commissions, which he transferred to plaintiff, R.'s statement to plain- See Evidence, § 335; Witnesses, § 16. tiff that he had sold stock to defendant did not charge plaintiff with notice that the stock had not been paid for in some of the ways required by law. Scheffel v. Smith, 169 S. W. 1131.

$ 365 (Ky.) Under Negotiable Instrument Act, notes transferred to a bona ide purchaser are not subject to equities obtaining between the maker and payee.-Pratt v. Rounds, 169 S. W. 848.

BOTTLES.

See Principal and Agent, § 177.

BOUNDARIES.

See Evidence, § 317; Trespass to Try Title, § 47; Vendor and Purchaser, § 231.

I. DESCRIPTION.

§ 370 (Ark.) Where a bank, without knowledge of any defense, purchased a note payable to bearer, giving the seller credit on its books already been located on the ground, their loca$5 (Tex.Civ.App.) Where earlier blocks have for the amount of the note, the bank is entitled tion cannot be changed because there is a conto a directed verdict in an action against the maker, though want of consideration has been flict betwen them and the description of subshown, and the seller had guaranteed payment.sequently located blocks.-McSpadden v. VanWilliamson Bank & Trust Co. v. Miles, 169 S. nerson, 169 S. W. 1079. W. 368.

§ 373 (Ky.) Under Negotiable Instrument Act, § 124, a maker of a note attached to a contract by a perforated line cannot complain that the note was detached and sold to a third person, where the contract gave authority to the payee to detach it.-Pratt v. Rounds, 169 S. W. 848. § 375 (Tex.Civ.App.) A note given for commissions on a sale of corporate stock is not void ab initio, and hence is within the doctrine of bona fide purchaser.-Scheffel v. Smith, 169 S.

W. 1131.

VII. PAYMENT AND DISCHARGE.

§ 430 (Ky.) The execution of a new note in place of an old one, to which the wife of one of the signers added her name as surety, does not constitute a novation and discharge the old obligation. Mutual Benefit Life Ins. Co. v. First Nat. Bank, 169 S. W. 1028.

Where a note was renewed, but the maker's name was signed by one without authority so that the new note was not binding, the old note will be considered as still in force.-Id.

VIII. ACTIONS.

II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT.

virtue of a grant from the state, when the 833 (Tex.Civ.App.) He who claims land by boundaries are in issue, must prove the location of such boundaries and that the land in controversy is included therein.-State v. Post, 169 S. W. 401.

$ 37 (Tex.Civ.App.) That a survey was merely an office survey may be established by circumstantial evidence.-McSpadden v. Vannerson, 169 S. W. 1079.

$40 (Tex.Civ.App.) In an action involving a disputed boundary of land, the question whether a corner as located by the surveyors was the true corner held, under the evidence, for the jury-McSpadden v. Vannerson, 169 S. W. 1079.

In an action involving a disputed boundary to land, the question whether the line should be tificial monuments claimed to have been laid governed by courses and distances or by ar out by earlier surveyors held, under the evidence, for the jury.-Id.

§ 451 (Ark.) Whenever a defendant can maintain a cross-action for damages for plaintiff's See Courts, § 231.

BRIDGES.