to destroy them.1 (d) Effect of Unconstitutionality. "An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed." 2 VII. ABROGATION OF CONSTITUTIONS. The regular adoption of a new constitution usually abrogates ipso facto a prior one. But a convention cannot by adopting a constitution destroy an existing state government and absolve the state from its allegiance to the Union.4 Acceptance of note of third person, 477 Assignment of notes as a waiver of reserva- Accommodation paper, 687 Agreement to extend time of payment as Agreement to pay after maturity as con- Becoming surety after execution of con- Becoming surety or guarantor after deliv- Burden of proof to show consideration, 765 Effect of partial failure of consideration, 790 Incumbrances, 794 Liquidated damages, 791 Partial failure of title to land, 792, 793 144 Failure to enroll judgment, 144 Failure to enter cause on docket, 144 Fees of other court officers, 142 Money paid into court by order of Money paid into court in satisfaction of Special order of court unnecessary to Turning over funds to successor, 141 False certificate of acknowledgment, 143 Liability of sureties, 141 Making false certificate as to record of Moneys that clerk not authorized to re- Negligent entering up of judgment, 144 Official bond of clerk, 141 Refusal to issue citation, 144 When default occurs what official bond holden, 142 Where clerk was appointed receiver, 143 |