61. Menacing gestures sufficient to sustain verdict. (Cal.) People v. Bird, 12 Rep. 743.
62. Threatening with razor while some yards off. Kief v. State, 10 Tex. App. 286.
63. With intent to rob; how charged. Phillips v. State, 36 Ark. 282.
64. With intent to rob; discussion of evidence. Robertson v. State, 10 Tex. App. 602.
65. Assault with intent to ravish; physician's testimony; exemplary damages. Fay v. Swan, 44
71. Aggravated, by "adult"; accused must be twenty-one years of age. Schenault v. State, 10 Tex. App. 410. Assignment.
72. Contract founded on personal trust not assignable. Boykin v. Campbell, 9 Mo. App. 495. 73. Creditor cannot assign part of claim. Beard- slee v. Morgner, 24 Alb. L. J. 537.
74. Assignment of overdue note does not carry right of action on original contract. Wetmore v. Neuberger, 44 Mich. 362.
75. Meaning of words "assignable in law." Palmer v. Locke, 18 Ch. D. 381.
76. Right of action for fraud not assignable. Dickinson v. Seaver, 44 Mich. 624.
Fraudulent assignment by Agent, 20; for Credi- tors, see below; of Legacy, 399; by Garnishee, 572; of Insurance policy, 635; of farm products, 888; under Mortgage, see that title; of Notes, etc., 988; of calls on Stock, 1217; of Stock Sub- scriptions, 1224.
Assignment for Creditors; see BANKRUPTCY; of right to Redemption money, 466. Association; CLUB; SOCIETY.
77. Expulsion for failure to pay dues; notice; by-laws. Wachtel v. Noah Widows Society, 84 N. Y. 28.
78. Personal liability of committee managing business enterprise. Callam v. Barnes, 44 Mich.
79. Members of the "Yonkers Dramatic Club " not individually liable in first instance for rent. Flagg v. Swift, 13 N. Y. Week. Dig. 285.
80. Mandamus to reinstate member of Masonic lodge. Burt v. Grand Lodge, 44 Mich. 208.
81. Society to agitate for repeal of liquor law cannot sue in society name. Detroit Schuetzen Bund v. Detroit Verein, 44 Mich. 313.
82. Price agreed on for club supper; person ordering not liable for extras furnished. Eaton v. Gay, 44 Mich. 431.
Connected topics, CHURCH; CORPORATION; SUB- SCRIPTION; PARTNERSHIP. Attachment.
83. Of land; bond to dissolve; approval of
sureties; notice to adverse party; omission of clerk to send certificate to county registry: O'Hare v. Downing, 130 Mass. 16.
84. Of real estate under statute; officer's return. Morse v. Aldrich, 130 Mass. 578.
85. Notice to second attaching creditor; waiver; mode of appraisement for sale; dissolution of attachment on one article; selling more than Wheeler v. Ray- enough; charging unlawful fees. mond, 130 Mass. 247.
86. Proof, by other evidence, of exact time of attachment not stated in officer's return. Garity v. Gigie, 130 Mass. 184.
87. Defective service; plaintiff not liable for officer's misdoings. Michels v. Stork, 44 Mich. 2. 88. Service by copy; attachment of judgment; service on debtor's attorney. Flandrow, matter of, 84 N. Y. 1.
89. Attachment avoided by non-service of sum- mons; not revived by appearance; order vacating, appealable. Blossom v. Estes, 84 N. Y. 614.
90. Proceeding to charge wife's separate estate a "civil action." Frank v. Siegel, 9 Mo. App. 467. 91. Dissolution where issued on ground of fraud. Powers v. O'Brien, 44 Mich. 317.
92. Discharge of writ by justice; attachment not continued on writ of error. Pellewells v. Allen, 12 Rep. 746.
93. Error held not to lie on affirmance of order to dissolve attachment. Gray v. York, 44 Mich. 415.
See, also, GARNISHMENT; other related topics; JUDGMENT; EXECUTION; BANKRUPTCY; SHERIFF,
Attorney; ATTORNEY AND CLIENT; PRIVILEGED
94. Attorneys' partnerships; contracts to give business; rights of surviving partner. Noble v. Bellows, 24 Alb. L. J. 497.
95. What communications of client are privi- leged. Root v. Wright, 84 N. Y. 72. 96. Charging retainer; usage. McLellan v. Hay- ford (Maine), 24 Alb. L. J. 536.
97. Attorney's lien on land sold on execution and bought by client. Porter v. Hanson, 36 Ark.
98. Taking mortgage from client; duty to make it out properly. Cockburn v. Edwards, 18 Ch. D. 449.
99. Costs between solicitor and client; English acts. Worth, re, 18 Ch. D. 521.
Serving attachment on, 88; women disqualified to be, 1349; connected topic, CHAMPERTY. Attorney-General; stipulations by, 1211. Autrefois Convict, etc.; see CRIMINAL LAw, 278. Average; GENERAL AVERAGE.
100. Expense of getting stranded vessel off. Alcona, 24 Alb. L. J. 536.
See, also, SHIPPING, 1206. Award; see ARBITRATION.
Bail; related topics, ARREST; SHERIFF; SURETY. 101. Contract to indemnify bail contrary to public policy. Wilson v. Strugnell, 7 Q. B. D. 548.
102. Bond of indemnity to bail in criminal case, not illegal. Connor v. Harlan, 130 Mass. 265.
103. Bond taken for less than legal amount by agreement; estoppel. Peters v. State, 10 Tex. App. 302.
104. Bond must describe offense accurately. McAdams v. State, 10 Tex. App. 317.
105. Detention of bailed prisoner on another process; subsequent escape; liability of sureties. Stafford v. State, 10 Tex. App. 46.
106. Judgment on forfeiture of bond; irregu- larities. Ellis v. State, 10 Tex. App. 324.
107. In civil action; taking illegally colore officii; treating undertaking as common-law agreement; laches on plaintiff's part. Toles v. Adee, 84 N. Y.
117. Validity of loan made in violation of Bank- ing act; following Federal decisions. Duncomb v. N. Y., H. & N. R. R., 84 N. Y. 190.
118. Usurious interest already paid bank; no set- off permitted in suit on notes. Driesbach v. Wilkes- barre Bank, 3 Morr. Trans. 77.
128. Deposits by general agent; rights of equi- table owner. Baltimore Bank v. Conn. Ins. Co., 24 Alb. L. J. 454.
129. Agent indorsing check without authority and depositing in his own name; bank liable. Robin- son v. Chemical Bank, 24 Alb. L. J. 494.
130. Deposit by trustee of insolvent firm in his own name; bank cannot set off discount of firm note. Falkland v. St. Nicholas Bank, 84 N. Y. 145.
131. Separate deposits for two children; joint action; omission to object. Elleson v. New Bedford Savings Bank, 130 Mass. 48.
132. Gift of deposit; pass-book; mortis causa. Conser v. Snowden, 24 Alb. L. J. 479.
133. Direction to trustee to draw deposit and give it to plaintiff. Gerry v. Howe, 130 Mass. 350. See, also, NEGOTIABLE INSTRUMENTS, 970.
Jurisdiction; Conflict of Laws.
136. Suspension of insolvent laws by Federal Act. Lyman v. Bond, 130 Mass. 291.
137. Creditor going into other states and there bringing attachment suits, sued by assignee for amount so recovered. Lawrence v. Batcheller (Mass.), 12 Rep. 785.
138. Proceedings against former resident who has fled from justice. Cobb v. Rice, 130 Mass. 231.
139. Concurrent proceedings against bankrupt in Scotland and Ireland; rights of Scotch creditors in Irish proceedings. Pim, re, 7 L. R. Ir. 458.
140. Discharge no defense to action by non-resi-
119. Usurious discount of note; available against dent; though contract sued on was made by agent
bank in action on note in another State. Peterbor- ough Bank v. Childs, 130 Mass. 519.
120. Bank in liquidation sued by creditor; filing creditor's bill. Baltimore Bank v. Conn. Ins. Co., 24 Alb. L. J. 454.
in his own name. Guernsey v. Wood, 130 Mass. 503. 141. Rights of foreign creditors. (Louisiana.) Orr v. Lisso, 12 Rep. 747.
Matters relating to the Assignment. 142. Clause exacting full release from creditors as condition of payment makes assignment void. Mayer v. Shields (Miss.), 12 Rep. 789.
143. Not made void by clause giving assignee power to compromise. Coyne v. Weaver, 84 N. Y. 386.
144. Assignment authorizing assignee to compro- mise in collecting debts; and to "compromise with creditors." Mc Connell v. Sherwood, 84 N. Y. 522.
145. Arkansas Act constitutional; stipulation of debtor for release; when title vests in assignee. Clayton v. Johnson, 36 Ark. 406.
146. Covenant of creditor not to sue; their rights remain against sureties; what amounts to "security in hands of creditor. Dickinson v. Metacomet Bank, 130 Mass. 132.
147. Assignee's right to sue not affected by neg- lect to record assignment. Howes v. Burt, 130 Mass. 368.
148. Assignment made over two months before bankruptcy; assignee's relation to marshal. Mathews v. Stewart, 44 Mich. 209.
149. Assignment of property charged with trust; proving trust by parol. Chace v. Chapin, 130 Mass.
159. Induced by fraud of debtor; he may be sued for full amount. Enneking v. Stahl, 9 Mo. App. 390.
160. Invalid promise to pay one creditor in full before composition carried out. Barrow, ex p., 18 Ch. D. 464.
161. Setting aside composition; bankrupt's right to deal with his assets. Shaw, re, 9 Fed. Rep. 495. 162. Necessity of debtor's presence at meetings. Best, ex p., 18 Ch. D. 488.
163. Refusal to register sham resolutions passed in debtor's interest. Williams, ex p., 18 Ch. D. 495.
164. New promise after discharge; paying debt in work; then suing for the work. Pierce v. Mann, 130 Mass. 14.
165. New promise by bankrupt, pending pro- ceedings. Groves v. McGuire (notes), 24 Alb. L. J. 463.
166. Certificate as evidence of discharge; annull- ing it; no right to trial by jury. Kempton v. Saunders, 130 Mass. 236.
167. Federal Act; application to annul discharge; amendment under § 5110. Sims, re, 9 Fed. Rep.
Related topic, PARENT AND CHILD. Bequest; see DEVISE.
Betterment; see MUNICIPAL CORPORATION, 909. Betting; see GAMING. Bigamy; POLYGAMY.
Bill of Exchange; see NEGOTIABLE INSTRUMENTS. Bill of Lading; Railway, 1101; Maritime, 1199. Bill of Particulars.
171. Not a component of the pleading; not demurrable. Cicotte v. Wayne County, 44 Mich. 173. 172. In case of labor debt; waiver. Peterson v. Tilden, 44 Mich. 168.
173. Provisions of N. Y. Code; power of court to order, and punish disobedience. Dwight v. Germ. Ins. Co., 84 N. Y. 493.
174. Bills of Sale Act; "Possession" defined; Attestation. Seal v. Clavidge, 7 Q. B. 516.
175. Registry of bill of sale; priority. Connelly v. Steer, 7 Q. B. 520; Lyons v. Tucker, id. 523. Board; LODGING.
176. Action by aunt against nephew for board; presumptions as to whether gift was intended. Thurston v. Perry, 130 Mass. 240. Bond.
177. Liability not necessarily limited to literal penal sum. Helena v. Fitzpatrick, 36 Ark. 583.
178. Penal sum construed to apply to each of installments. Helena v. Fitzpatrick, 36 Ark. 583.
On Appeal, 39; for jail limits, 58; in Attach- ment, 83; of Executor, 483; of Insurance agent, 620; of Public Officer, 993; other connected topics, BAIL; SURETY.
179. Charges first made on slate, and then posted. Redlich v. Bauerlee, 98 Ill. 134.
180. Illinois Act construed. Stettauer v. White, 98 Ill. 72.
181. How far party calling for book is concluded by it. Clapp v. Emery, 98 Ill. 523. See also, 1006, 1045.
182. Monuments; omission of boundary line. Woodward v. Nims, 130 Mass. 70.
183. Number of lot on recorded plat prevails over false boundary line. Union R. Co. v. Skinner, 9 Mo. App. 189.
184. Boundary by stream; low-water-mark the true line (Iowa, Dec. 14, 1881). Murphy v. Copeland, 10 N. West. Rep. 786.
On Street, see DEED, 362; other connected topics, FENCE; WATER-COURSE.
Breach of Promise; see MARRIAGE, 791; SEDUC- TION, 1182.
Bribery; by candidate, see 421, 992. Bridge; county, 255.
185. When commission earned; not bound to advise. 24 Alb. L. J. 536.
See, also, 1157, 1218; and the connected topics, FACTOR; AGENCY; STOCKS; SALE; VENDOR AND PURCHASER.
Buildings; BUILDING CONTRACTS.
186. Action by builder for labor and materials, where contract was abandoned by owner. Ford v. Burchard, 130 Mass. 424.
187. Extra work done by architect's order; owner not liable. Starkweather v. Goodman (Conn.), 12 Rep. 775.
Burglary; BREAKING AND ENTERING.
188. Description of store entered. People v. Edwards, 12 Rep. 743.
189. With intent to steal A.'s goods; charge of intent to steal B.'s. Comm. v. Moore, 130 Mass. 45.
190. Joint offense; alleging one defendant to have been armed; knife inserted between sashes. Harris v. People, 44 Mich. 305.
191. Indictment; allegations, People v. Stewart, 44 Mich. 484.
Burial; PLACES OF BURIAL; CEMETERIES.
192. Bill in equity by husband against wife's relatives for permission to remove her body to his own cemetery lot. Weld v. Walker, 130 Mass. 422. By-laws; ofC orporations, 426.
Challenge; of Jurymen, 286.
Champerty;.... no cases. Chancery; See EQUITY.
Charity; related topics, TRUST; CHURCH; DE- VISE; CORPORATION, etc.
196. Mandamus against trust-body; Charitable Trusts Act. Attorney-General v. Dean, 18 Ch. D. 596.
197. Gift to executors to distribute to such per- sons or institutions as they might consider most deserving, too indefinite. (Cases reviewed.) Nich- ols v. Allen, 130 Mass. 211.
198. Cy-pres; enormous increase of ancient trust- fund. Campden Charities, re, 18 Ch. D. 310.
199. Residue to executor to distribute according to wishes expressed to him by testator. indefiniteness. Extrinsic evidence of charitable purpose refused. Olliffe v. Wells, 130 Mass. 221.
200. Conditions of gift to town erecting school building; keeping tomb in repair. Piper v. Moulton, 24 Alb. L. J. 456.
Charitable Legacy, 382; State institution, 1208. Charter-party; see SHIPPING.
Cheating; see FALSE PRETENSES; FRAUD. Checks; see BANKING, 126.
Children; see INFANCY; PARENT AND CHILD; DEVISE; DESCENT; as Witnesses, 401.
Chose in Action; Assignment of, 540; Seques- tration of, 1184.
Church; CLERGYMAN; ECCLESIASTICAL LAW; RE- LIGIOUS SOCIETY.
201. Use of Methodist church by non-Evangeli- cal ministers; duty of trustees under charter. 24 Alb. L. J. 523.
202. Public Worship Act; contumacious clerk. Green v. Penzance, 6 App. Cas. 657.
Defamation of clergyman, 743.
Cities; see MUNICIPAL CORPORATIONS. Citizenship; pleading of, 659; of Railroad, 1077. Civil Damage Laws; see 770.
Club; see ASSOCIATION. Collateral Security; see PLEDGE. Collision; see SHIPPING.
Comity; see 346, 750, 1325.
Commerce; COMMERCIAL REGULATIONS.
204. Invalidity of Massachusetts Act regulating inspection and sale of Maine lime. Higgins v. Lime, 130 Mass. 1.
As to Pilots, see that title; regulation of rail- roads, 1075.
Committee; Signature by, 974; see also, 78. Common; COMMON LANDS; Town LANDS.
205. Power of burgh magistrates over public grounds. Patterson v. Provost, 6 App. Cas. 833. Composition; see AccORD; with Creditors, 159. Concealed Weapons; carrying of, see ARMS. Condition; in Assignment for Creditors, 142; pleading conditional Contract, 210; in Deed, 366; in Charitable Gift, 382, 1210; in Insurance policy, 623; in Notes, 5, 972; in Bills of Lad- ing, 1104.
Confessions; see CRIMINAL LAW; 297; see also, 351.
Conflict of Laws; LEX Locr; as to foreign Bank shares, 134; in Bankruptcy, 139; as to Death by negligence, 346; of Federal and State authority as to Elections, 420; as to Executors, etc., 471; Forged deed, 533; in Garnishment, 560; foreign Judgments, 663; Shipping and Ad- miralty, 1192, 1203; corporate Taxation, 1236; Usury, 1307; Warehouse laws, 1325; see also, 540, 630, 750.
Consideration; of Deed, 355; of Notes, 971; see also, 504.
Consignment; see FACTOR.
Conspiracy; declarations of Conspirators, 299; conspiracy to Forge, 533; see also, ACCESSORY. Constable; see SHERIFF.
Constitutional Law; as to Commercial regula- tions, 204, 957; Corporations, 215; Counties, see that title; Jeopardy, etc., see CRIMINAL LAW; Due Process of Law, 412; Ferries, 521; Judges and Courts, see that title; Liquor, see that title; Municipal Corporations, 893; Poor Laws, 1058; Railroads, 1075; Sunday laws, 1229; Taxation, see that title; as to collector's bond, 1239. Contempt:
206. Order refusing to punish sheriff for con- tempt not reviewable. Schwab v. Coots, 44 Mich.
Related topics, ATTORNEY; Judge. Contingent Remainder; see DEVISE, 387. Continuance; Costs on, 244; in Criminal practice, 289.
207. Promise not implied against party protest- ing. Earle v. Coburn, 130 Mass. 596.
208. Promise to pay third person; action by the latter against promisor. Clement v. Earle, 130 Mass. 585.
209. Proving contract conditional, under general denial. Stewart v. Goodrich, 9 Mo. App. 125.
Contract of Guaranty, when complete, 573; by Letter, see that title; see also, CONTRACTOR; ILLEGAL CONTRACTS; PAROL CONTRACT; SALE; STATUTE OF FRAUDS; VENDOR AND PURCHASER, etc.
210. Drain badly built by contractor so as to in- jure adjoining cellar; owner liable. Sturges v. Theol. Ed. Soc., 130 Mass. 414.
Related topics, BUILDINGS, LABOR, MECHANIC'S LIEN, etc.
Contribution; between shippers, 1201; between sureties, 1234.
211. What amounts to demand and refusal. Tuttle v. Hazard, 24 Alb. L. J. 535.
By ship-owner of goods shipped, 1199. Copyright.
212. Copying township boundaries from map. Farmer v. Calvert Lithog. Co., 1 Flippin C. C. 228. Coroner; Justice of the peace may be, 685. Corporation.
tioned by one contracting with it. Butchers, etc., Bank v. McDonald, 130 Mass. 264.
216. Breach of contract to organize corporation not actionable where illegal issue of stock was con- templated. Maine v. Butler, 130 Mass. 196.
217. Power of legislature to change charter; mode of electing officers. State v. Greer, 9 Mo. App. 219. 218. Charter not repealed by general corporation law. Un. Hebr. Ass. v. Benshimol, 130 Mass. 325. 219. Effect of Michigan Act validating corporate conveyances. Marquette, etc., R. R. v. Atkinson, 44 Mich. 166.
Powers; Corporate Officers.
220. Limit of debt exceeded; company liable. Auerbach v. La Sueur Co., 24 Alb. L. J. 476.
221. When bound by note given by president. Castle v. Belfast Foundry Co., 24 Alb. L. J. 456.
222. President cannot sue stranger for malicious suit against company. Donovan v. Dean, 1 Flippin
223. Directors increasing indebtedness above limit. Rutland Bank v. Page's Ex'r, 24 Alb. L. J. 457.
224. Note signed by officer officially; personal liability. Metcalf v. Williams, 24 Alb. L. J. 496.
225. Treasurer of charitable corporation elected once in three years; his bond not a continuing one. Richardson Sch. Fund v. Dean, 130 Mass. 242.
Corporate Stock; Dissolution; Personal Liability. 226. Transfer of stock invalid unless entered on books. Stockwell v. St. Louis Co., 9 Mo. App. 133. 227. Neglect by company to register contract with shareholder. Great A. Min. Co., re, 18 Ch. D. 587.
228. Member of charitable corporation liable for yearly dues, without having signed constitution. Un. Hebr. Ass. v. Benshimol, 130 Mass. 325.
229. Garnishing stockholder; Illinois Corporation Act; how creditor must proceed. Coalfield Co. v. Peek, 98 Ill. 139.
230. Shares taken by husband in wife's name. London, etc., Bank, re, 18 Ch. D. 581.
231. Double-liability clause; right of bondholder to enforce; repeal; time of becoming bondholder. Blakeman v. Benton, 9 Mo. App. 107.
232. Neglect to defend claims; cannot require creditors to interplead. Cheever v. Hodgson, 9 Mo. App. 565.
233. Dissolution of academy; death of members; non-user of charter. Blackwell v. State, 36 Årk.
The specific titles BANKING, INSURANCE, RAIL- | 178. ROADS, etc., contain most of the matter of this title.
As to corporate Taxation, see that title; as to by- laws of Merchants' Exchange, see 426; and see the related topics, STOCKS; SUBSCRIPTION; ASSOCIA- TION; QUO WARRANTO.
Foreign Companies; Jurisdiction.
213. When also a domestic corporation; service on managing agent. Stout v. Sioux City R. R., 24 Alb. L. J. 515.
214. Jurisdiction of equity over arbitration in this State between foreign telegraph companies. Direct Cable Co. v. Dom. Tel. Co., 84 N. Y. 153.
215. Organization of company not to be ques-
234. Director, who is also creditor, may bid at execution sale of corporate property. Hallam v. Indianola Hotel Co., 24 Alb. L. J. 478. 235. Winding-up petition restrained where com- pany solvent. Cercle Restaurant Co. v. Lavery, 18 Ch. D. 555.
236. Winding up; costs; representative case; Companies Act. Mut. Soc., re, 18 Ch. D. 530. 237. Right of mortgagees to distrain for interest. Brown, re, 18 Ch. D. 649. Costs.
238. Security for; affidavit of non-residence. Gardiner v. Harris, 8 L. R. Ir. 352.
239. Against defeated appellant. Jones v. Spen- cer, 36 Ark. 82.
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