ASSESSMENT. Of compensation for property taken for public ASSIGNMENT OF ERRORS. See Appeal and Error, §§ 718-754. ASSIGNMENTS. For benefit of creditors, see Assignments for Transfer of cause of action ground for abate- Transfers of particular species of property, Liens for price of land sold, see Vendor and ASSETS. Of insolvent bank, see Banks and Banking, § 77. II. PROPERTY SUBJECT TO ATTACH MENT. Exemptions, see Exemptions; Homestead. I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. $ 49. A check drawn on a bank by a depositor amounts to an equitable assignment of so much of the fund in favor of the drawee as is necessary to pay it.-Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. ASSIGNMENTS FOR BENEFIT OF ESTATE. § 234. An assignee for the benefit of creditors was not bound to complete a construction contract made by the assignor before insolvency, though the assigned estate was liable for the breach thereof.-Simmons v. Westlake Const. Co. (Mo. App.) 518. § 253. A contract between an assignee for benefit of creditors and a principal contractor, by which the former agreed to complete a construction contract made with the principal contractor by his assignor, held to require the principal contractor to pay the assignee for all labor and materials required to complete the work, whether or not the amount paid therefor exceeded the contract price stipulated in the original contract with the assignor.-Simmons v. Westlake Const. Co. (Mo. App.) 518. ASSUMPTION. As to facts by trial court in instructing jury, see Trial, §§ 191, 192. Of risk by employé, see Master and Servant, §§ 206-226, 280, 288. ASSOCIATIONS. Of risk by passenger on freight train, see Carriers, § 298. See Beneficial Associations. Mutual benefit insurance associations, see Insurance, §§ 723-826. ATTACHMENT. See Execution; Garnishment. ATTESTATION. Acknowledgments in general, see Acknowledg ment. ATTORNEY. (A) Fees and Other Remuneration. Entire or severable contracts for contingent fees, IV. ADMINISTRATION OF ASSIGNED Sufficiency of tender not including attorney's fees, see Tender, § 12. ATTORNEY AND CLIENT. Argument and conduct of counsel at trial, see I. THE OFFICE OF ATTORNEY. (B) Privileges, Disabilities, and Liabilities. § 26. Attorneys may interpose any defense or supposed defense for their clients, and for doing so cannot be held liable in damages.Kruegel v. Murphy (Tex. Civ. App.) 343. IV. COMPENSATION AND LIEN OF § 147. The validity of a provision in a contract for an attorney's services, that, if the client settled without his consent, he should pay a sum equal to half of the amount claimed in the petition, could only be called in question in case he sought to enforce it against his client. -Wright v. Kansas City, Ft. S. & M. R. Co. (Mo. App.) 517. ATTRACTIVE NUISANCES. Machinery and other things attractive to children, see Negligence, § 23. AUDITA QUERELA. Relief against execution in general, see Execution. § 172. Relief against judgment by equitable proceedings, see Judgment, § 447. AUDITORS. See Reference. ASSUMPSIT, ACTION OF. AUTHENTICATION. Particular implied contracts as grounds of ac- Of documents offered in evidence, see Evidence, tion, see Account Stated. $$ 370-382. AUTHORITY. Of agents, see Principal and Agent, §§ 96, 115. Civ. App.) 680. Of justices of the peace, see Justices of the Of officers and agents of corporations in general, Of officers to take acknowledgment, see Acknowledgment, § 20. Of trustees, see Trusts, §§ 172, 191. To alter instrument, see Alteration of Instruments, § 12. To make admission binding another, see Evidence, § 243. AUTREFOIS ACQUIT AND CONVICT. AVOIDANCE. Of contract, see Contracts, §§ 259, 273. Of insurance policy, see Insurance, § 723. § 64. A recognizance on appeal is fatally defective if it fails to state the punishment imposed on defendant.-Harris v. State (Tex. Cr. App.) 890. thereto passed out of him, so that he could not enforce it.-Kruegel v. Murphy & Bolanz (Tex. III. FUNCTIONS AND DEALINGS. (C) Deposits. Forgery of checks, see Forgery. AWARD. § 126. By the law merchant, an indorsement of a check in blank for collection when passed Of arbitrators, see Arbitration and Award, § 57. to the credit of the drawee and drawn against BAIL. by him amounts to a transfer of the legal title to the fund against which the check is drawn. -Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. See Elections, § 168. BANKS. Of nonnavigable waters, see Waters and Water Courses, § 93. II. IN CRIMINAL PROSECUTIONS. Reinstatement of appeal on filing recognizance, see Criminal Law, § 1131. § 148. The bank on which a draft is drawn held bound to know the signature of its depositor, and also to know that the indorsement is genuine, so that it is liable for the payment to § 44. Const. art. 2, § 24 (Ann. St. 1906, p. the wrong person of an altered check or draft. 160), as to right to bail held to apply only be--Union Biscuit Co. v. Springfield Grocer Co. fore conviction; so that Rev. St. 1899, § 2702 (Ann. St. 1906, p. 1591), excepting from right to bail pending appeal one under sentence of life imprisonment is not unconstitutional (section Loans for speculative purposes, see Gaming, 8 1817, as amended by Act March 18, 1907, p. 236).-Ex parte Heath (Mo.) 1031. (Mo. App.) 996. (E) Loans and Discounts. 18. BANKS AND BANKING. Banks as county depositaries, see Depositaries, § 6. II. BANKING CORPORATIONS AND BANKRUPTCY. See Assignments for Benefit of Creditors. ASSOCIATIONS. (E) Insolvency and Dissolution. 877. The appraisement and sale of the property of an insolvent bank held irregular and void.-Vaughn v. Pedley (Ky.) 1093. V. RIGHTS, REMEDIES, AND DIS- BARROOMS. § 66. A recognizance on appeal is fatally defective, where it recites that defendant was charged with carrying a pistol on "or" about his person, instead of on "and" about his per- See Intoxicating Liquors. son.-Harris v. State (Tex. Cr. App.) 890. BAILMENT. BATTERY. Particular species of bailments, and bailments See Assault and Battery. incident to particular occupations. See Depositaries; Factors. Carriage of goods, see Carriers, §§ 40-187. BALLOTS. BAR. Of action by former adjudication, see Judgment, §§ 563-617. § 433. A judgment creditor had no right after the discharge in bankruptcy of the judgment debtors to have process issued for the enforcement of the judgment, which was duly scheduled in the bankruptcy proceedings.-Kruegel v. Murphy & Bolanz (Tex. Civ. App.) 680. Of action by limitation, see Limitation of Actions, § 172. § 438. Where a judgment creditor was adjudged a bankrupt and received his discharge, the presumption was that the judgment was scheduled among his assets, and that the title BAWDY HOUSE. See Disorderly House. BENEFICIAL ASSOCIATIONS. Mutual benefit insurance association, see Insurance, §§ 723-826. § 13. An insurance company held bound to take from benefits due the amount of dues unpaid.-Royal Fraternal Union v. Stahl (Tex. Civ. App.) 920. BENEFICIARIES. Of insurance, see Insurance, § 366. BENEFITS. See Beneficial Associations, § 13. From appropriation of property for public use, deduction from compensation, see Emineut Domain, §§ 145, 146. For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER BENEFIT SOCIETIES. See Insurance, §§ 723-826. BEQUESTS. See Wills. Payment or delivery in distribution of estate, see Executors and Administrators, § 314. BEST AND SECONDARY EVIDENCE. See Criminal Law, § 400; Evidence, §§ 162178. BETTERMENTS. Compensation for improvements in ejectment, See Gaming. BILL OF DISCOVERY. See Discovery, § 3. Public improvements, see Drains; Highways; BETTING. BIAS. IV. NEGOTIABILITY AND TRANSFER, Of witness, ground for impeachment, see Wit- Deposit of checks in bank, see Banks and Banknesses, §§ 367, 372. ing, § 126. BILL OF EXCEPTIONS. See Criminal Law. §§ 1090-1094; Exceptions, BILL OF EXCHANGE. See Bills and Notes. BIDS. (A) Instruments Negotiable. § 146. The negotiable instrument act (Ky. Competitive bids for custody of county funds, St. § 3720b [Russell's St. §§ 1820-2014]), when see Depositaries, § 6. consistent with the rule previously recognized, should be construed as simply declaratory of the prior law. Campbell v. Fourth Nat. Bank of Cincinnati, Ohio (Ky.) 114. V. RIGHTS AND LIABILITIES ON IN- (A) Indorsement Before Delivery to or BILL OF LADING. See Carriers, §§ 47, 52. BILL OF RIGHTS. See Constitutional Law. ble for the payment thereof, and the holder may fix the liability of any indorser by instituting suit against the drawer within the time and in the manner prescribed, etc.-Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. BILLS AND NOTES. Alteration, see Alteration of Instruments. Bills of lading, see Carriers, §§ 47, 52. (B) Form and Contents of Promissory Notes and Duebills. I. REQUISITES AND VALIDITY. (A) Form and Contents of Bills of Exchange, Drafts, Checks, and Orders. 81. "Bill of exchange", defined.-Vaughn v. Farmers' & Merchants' Nat. Bank of Alvord (Tex. Civ. App.) 690. Filling blanks as to place of payment, see Alteration of Instruments, § 12. (E) Consideration. § 97. Where a note was given in part payment of the consideration of a contract for the transfer of all the stock of a corporation, a warranty of the value of the stock applied as well to such note as to any other part of the consideration, and the defense of partial failure of consideration growing out of an alleged breach of warranty would be good against any one seeking to recover the entire consideration or any part thereof.-Cornish v. Friedman (Ark.) 1079. RESCISSION. Extension of time for payment as discharge of surety, see Principal and Surety, § 104. 253. The mutual rights of indorsers, indorsing a note in blank before delivery, stated. -Porter v. Huie (Ark.) 1069. (B) Indorsement for Transfer. Deposit in bank of checks indorsed in blank for collection, see Banks and Banking, § 126. (D) Bona Fide Purchasers. § 358. A bank held a holder for value of the note in controversy under Negotiable Instrument Act, $8 25-27, 52 (Ky. St. § 3720b [Russell's St. 88 1885-1887, 1921]), if it took the note as security for a pre-existing debt.-Campbell v. Fourth Nat. Bank of Cincinnati, Ohio (Ky.) 114. § 359. A bank held a holder for value of the note in controversy under Negotiable Instrument Act. §§ 25-27, 52 (Ky. St. § 3720b [Russell's St. §§ 1885-1887, 1921]), if it took the note in the place of the note evidencing such debt.Campbell v. Fourth Nat. Bank of Cincinnati, Ohio (Ky.) 114. $375. A note given to a foreign corporation which has not complied with Rev. St. 1895, arts. 745, 746, held enforceable in the hands of an innocent indorsee for value before maturity. -State Bank of Chicago v. Holland (Tex.) 564. $375. In an action by a bona fide holder for value before maturity without notice, where the instrument is void ab initio, the defense of illegality is available.-State Bank of Chicago v. Holland (Tex.) 564. § 26. Under the express provision of Rev. St. 1895, art. 306, the drawer of any bill of $378. The maker of a note by his laches may exchange which shall not be accepted when pre- make it possible for another to so alter it as sented for acceptance shall be immediately lia- to change its terms, and yet compel payment to an innocent holder.-Diamond Distilleries Co. v. Gott (Ky.) 131. VII. PAYMENT AND DISCHARGE. Payment of debts in general by bill, note or check, see Payment, § 18. Payment of forged or altered paper by bank, see Banks and Banking, § 148. § 427. Payment of a note by the maker to the payee after transfer to plaintiff held to have discharged the maker's liability thereon.-Diamond Distilleries Co. v. Gott (Ky.) 131. VIII. ACTIONS. Limitation of actions, see Limitation of Actions, $ 25. Pleading in action on lost note, see Lost In struments, § 22. Self-serving declarations, see Evidence, § 271. Venue as affected by residence of codefendants, see Venue, § 22. § 469. In a suit against the indorser of a note, an allegation in the petition held insufficient to show that the note was presented for payment and that notice of dishonor was given to defendant.-Hoyland v. National Bank of Middlesborough (Ky.) 356. § 476. In an action by a bank on a note, a plea of no consideration held sufficient.-First Nat. Bank v. Pearce (Tex. Civ. App.) 285. § 489. To make an indorser liable in a suit on a note, held, that the allegation and the evidence must show the demand and notice of dishonor to have been given upon such a day as will charge the defendant.-Hoyland v. National Bank of Middlesborough (Ky.) 356. § 497. In an action on a note, the plaintiff seeking to recover as a bona fide purchaser for value is bound to allege and prove (if denied) the facts under Negotiable Instrument Act, § 59 (Ky. St. § 3720b [Russell's St. § 1928]).-Campbell v. Fourth Nat. Bank of Cincinnati, Ohio (Ky.) 114. § 503. In an action on a note, certain evidence held admissible in rebuttal.-First Nat. Bank v. Pearce (Tex. Civ. App.) 285. § 534. Attorney's fees held properly allowed, as provided by notes, in action thereon.-Garza & Co. v. Jesse French Piano & Organ Co. (Tex. Civ. App.) 906. BLANKS. Filling blank as to place of payment of note, see Alteration of Instruments, § 12. BOARDS. Restraining acts of public boards, see Injunction, § 76. BOATS. Ferryboats, see Ferries. BONA FIDE PURCHASERS. Grantees in fraudulent conveyances, see Fraudulent Conveyances, § 168. Of bills or notes, see Bills and Notes, §§ 358378. Of homestead, see Homestead, § 129. Of personal property in general, see Sales, § Of real property in general, see Vendor and BOROUGHS. § 503. In an action on a note by a bank, evidence that one of the makers had no permis- See Municipal Corporations. sion, power, or authority to borrow money for the bank held immaterial.-First Nat. Bank v. Pearce (Tex. Civ. App.) 285. § 503. In an action on a note, evidence that at the time the note was given, plaintiff bank was lending and not borrowing money held immaterial. First Nat. Bank v. Pearce (Tex. Civ. App.) 285. BONDS. Of schoolhouse contractor, see Schools and Sureties on bonds, see Principal and Surety. Appeal or writ of error in general, see Appeal BOOKS. Assessment books, see Taxation, § 421. BOOKS OF ACCOUNT. Requirement of insurance policy as to keeping books by insured, see Insurance, § 335. BRAKES. Duty of employer as to repairs, see Master and BLACK LISTING. Act requiring corporations to give discharged Of contract of sale, see Sales, §§ 161-180; Ven- Of warranty in insurance policy, see Insurance, BREACH. Of conditions of insurance policies, see Insurance, $$ 319-366, 723. Of contract in general, see Contracts, §§ 300 321. Of contract for transportation of passenger, see BREACH OF THE PEACE. See Assault and Battery, §§ 75-91. 1. One held guilty of a breach of the peace. -Laur v. State (Ark.) 840. BREAKING. As element of burglary, see Burglary, § 9. BRIEFS. On appeal or writ of error, see Appeal and Error, § 759. BROKERS. See Factors. I. REGULATION AND CONDUCT OF Act requiring written authority to sell land as infringement of liberty to choose occupation, see Constitutional Law, § 88. IV. COMPENSATION AND LIEN. § 50. A broker employed to secure a purchaser before a specified date held entitled to his commission, where he, before that date, procured a purchaser and made a contract of sale, though the sale was not reported to the owner until after the specified date.-Schramm v. Wolff (Tex. Civ. App.) 1185. § 54. A broker held entitled to commissions. -Hale v. Taylor (Mo. App.) 755. § 61. As affecting a broker's right to compensation, the title furnished a purchaser by the principal held not clear.-Hamburger & Dreyling v. Thomas (Tex.) 561. § 61. A broker's right to compensation held not defeated because the agreement with a purchaser to reject the title was in the alter native.-Hamburger & Dreyling v. Thomas (Tex.) 561. 861. The rejection of a title by a purchaser held not to affect the right of the broker to compensation. Hamburger & Dreyling Thomas (Tex.) 561. V. II. EMPLOYMENT AND AUTHORITY. Parol evidence to vary contract of employment, II. PROSECUTION AND PUNISHMENT. see Evidence, § 445. Title of ordinance regulating construction, see BUILDING CONTRACTS. BURDEN OF PROOF. Showing error on appeal or writ of error, see BURGLARY. I. OFFENSES AND RESPONSIBILITY § 9. Facts held not to constitute burglary under Pen. Code 1895, art. 838, not showing that accused entered the house by force, threats, or fraud.-Malloy v. State (Tex. Cr. App.) 598. § 9. The "force" required to constitute burglary under Pen. Code, art. 842, defined.-Winkler v. State (Tex. Cr. App.) 1134. § 41. Evidence held sufficient to sustain a conviction of burglary.-Doyle v. State (Tex. Cr. App.) 1131. § 41. Evidence held to support a conviction of burglary.-Boyman v. State (Tex. Cr. App.) 1142. § 46. Certain instruction which ignores the question of force in a prosecution for burglary held erroneous.-Winkler v. State (Tex. Cr. App.) 1134. BUSINESS. Carrying on business, by foreign corporations See Contracts, § 127. CALENDARS. Discharge of sureties, see Principal and Surety, Of causes for trial, see Trial, § 10. Liens for labor and materials, see Mechanics' CANALS. Liquidated damages for breach, see Damages, 8 See Drains. 78. BUILDINGS. II. REGULATION AND OPERATION. § 25. A canal, extending from salt water of the United States to an intersection with a As fixtures, see Fixtures, §§ 4, 18. |