Contempt of Court, courts of record, power of, to punish, 951.
criminal acts, when may also be punished as, 959.
grand jury, power of to punish contempt, 958.
inferior cours, power of to punish is subject to legislative con-
trol, 953.
inferior courts, power of to punish, whether inherent, 954, 963.
judges of court, power of to punish, 956, 957.
justices of the peace, power of to punish, 955.
municipal courts, power of to punish, 955, 956.
must be punished by the court against which the contempt was
committed, 952.
national courts, power of to punish, 952.
national courts, statutes affecting the power of to punish, 953.
notaries public, power of to punish contempt, 958.
power to punish, character of courts which may exercise, 951.
power to punish is included in the grant by the constitution of
judicial authority, 951.
power to punish is inherent in judicial authority, 951.
probate and surrogate courts, power of to punish, 954.
remedy for, 951.
statutes respecting are construed as declaratory of the pre-exist-
ing law, 959, 960.
statutes respecting, constitutionality of, 960, 961.
statutes undertaking to declare contemptuous acts not to be con-
tempts of court, 961.
statutes undertaking to limit the power to punish, 960, 961.
statutes undertaking to vest the power to punish in nonjudicial
tribunals, 960.
where the act is also criminal, 959.
Execution and Enforcement by Courts.
1. CONTRACTS-Execution and Enforcements by Courts.-Courts
cannot make contracts for the parties to an action. They can only
enforce the contracts as made. (Ind.) Ohio Farmers' Ins. Co. v.
Vogel, 382.
Entire or Divisible Contracts.
2. CONTRACTS-Entire or Divisible.-Whether a contract is
entire or divisible cannot be determined by a single term, phrase, or
sentence, though it be large enough to include such meaning, unless
throughout the whole agreement and from the surrounding cireum-
stances it definitely appears that it was the intention of the parties
that the contract should be entire and indivisible. (Miss.) Ganong
v. Brown, 731.
3. CONTRACTS-Entire or Divisible-Partial Performance. If
a person contracts to paint and paper a house for a fixed sum, "to
be completed in good, workmanlike style, work to begin and be fin-
ished as soon as possible," and before the completion of such work
the house is accidentally destroyed by fire, such person can recover
the value of his materials and labor put upon the house before its
destruction, especially when he gave an order for a partial pay-
ment on the owner before the fire, and the latter collected fire in-
surance to the full value of the building as a completed and finished
building. (Miss.) Ganong v. Brown, 731.
4. CONTRACTS-Severability-Parol Evidence to Vary.—If a
contract for the sale of two articles for one sum is entire, the ac-
ceptance of one amounts to the acceptance of both, and parol evi-
dence is not admissible to explain the consideration. (Wash.) Buck-
eye Buggy Co. v. Montana Stables, 1032.
5. CONTRACTS-Severability.-If several ariteles are sold for
a single and entire consideration, the contract of sale is entire and
cannot be severed, except by agreement of the parties, but, on the
other hand, if several articles are sold, and a separate price is
agreed upon for each, although a single instrument of transfer may
be executed reciting a single consideration for the whole, then for
sufficient cause shown, the contract may be rescinded as to a part
and enforced as to the remainder. (Wash.) Buckeye Buggy Co. v.
Montana Stables, 1032.
6. CONTRACTS-Severability-Parol Evidence.-If two articles
are sold at the same time and the contract recites a single consid-
eration for both, parol evidence is admissible to show that a separate
price was agreed upon for each. (Wash.) Buckeye Buggy Co. v.
Montana Stables, 1032.
7. CONTRACTS-Evidence of Parol Contemporaneous Agree-
ment.-A written contract entered into with an agent for the pur-
chase of two articles, reciting that no agreement should be recog
nized unless written therein, and that no verbal agreement should
be recognized, cannot be varied by evidence of a contemporanous
oral agreement. (Wash.) Buckeye Buggy Co. v. Montana Stables,
Validity of Contract-Illegal Consideration.
8. CONTRACTS Entered into in Contravention of statute are ut-
terly void. (Ind.) Cheney v. Unroe, 391.
3. CONTRACTS-Illegal Consideration.-A Note and Mortgage,
a part of the consideration of which is illegal because based upon a
transaction pronounced criminal by statute, are wholly void. (Kan.)
State v. Wilson, 479.
10. CONTRACTS-Illegal Consideration.-When Two Notes se-
cured by a mortgage are given for a consideration in part illegal, both
the notes and mortgage are wholly void. (Kan.) State v. Wilson,
479.
11. CONTRACTS in Restraint of Trade-Monopoly.-A contract to
sell all of certain goods made during "the remainder of the year"
to a certain person is not monopolistic and void within the meaning
of a statute providing that all contracts by persons who "control
the output of said article of merchandise" made to prevent competi
tion, "in the importation or sale of articles imported into" the state,
shall be void. (Ind. App.) Over v. Byram Foundry Co., 327.
12. CONTRACTS in Restraint of Trade-Monopoly.-A contract to
sell all of certain goods manufactured during "the remainder of the
year' to a certain person is not void as creating a monopoly. (Ind.
App.) Over v. Byram Foundry Co., 327.
13. CONTRACTS in Restraint of Trade.-A contract binding a
manufacturer to sell exclusively to one person during a limited
period, is valid, and not in restraint of trade. (Ind. App.) Over v.
Byram Foundry Co., 327.
14. CONTRACTS in Restraint of Trade-Monopolies.-Combina.
tions between individuals or firms for the regulation of prices, and of
competition in business, are not monopolies, and are not unlawful as
in restraint of trade, so long as they are reasonable, and do not
include all of a commodity or trade, or create such restrictions as to
materially affect the freedom of commerce. (Ind. App.) Over v.
Byram Foundry Co., 327.
Contracts, consideration, acts done in violation of laws regulating
labor, 508.
consideration, acts done in violation of statutes requiring the
payment of licenses, 507, 508.
consideration, acts involving breaches of trust, 512.
consideration, acts involving moral turpitude, 512.
consideration based on the controlling of the discretion of publie
officers, 521.
consideration based on the expectation that improper measures
would be used, 521.
consideration being partly void under the statute of frauds, 498.
consideration, divisibility of, tests to determine, 501.
consideration, illegal part of which is incidental merely, 501.
consideration, illustrations of contracts void because based partly
on illegal, 497, 498.
consideration involving violations of Sunday laws, 498, 505.
consideration, part of which is the restraint of trade, 501.
consideration, part of which is the deceiving of the public, 515-
517.
consideration partly based on ousting courts of jurisdiction, 523.
consideration partly founded on the violation of laws against
gambling, 506.
consideration partly illegal, but separable, does not avoid, 498.
consideration partly made up of acts of fraud or in breach of
trust, 512, 513.
consideration resting in part on illegal combinations, 498.
consideration, separable portion of being illegal, 498-500.
consideration for two contracts, if partly illegal, cannot support
either, 499.
consideration which is the misleading of the public as to the
personnel of professional workers or manufacturers, 516.
consideration which is the procuring of favorable action of pub-
lic officers, 519.
consideration which is the procuring of pardons of persons cor-
victed of crime, 520.
consideration, which is the procuring of title to public lands,
519.
consideration which is the using of social, personal, or political
relations, 520.
consideration, which is to falsely represent something, 515.
contingent for services before legislative bodies, 520.
entire and partly illegal are wholly void, 497, 498.
for personal services in an unlawful employment, 505.
for unlawful sales of intoxicating liquors, when nonenforceable,
505, 506.
game laws, contracts for acts in violation of, 503.
gaming, contracts in violation of law against, 506.
gaming, contracts to construct building with knowledge that it
is to be used for, 506.
ontracts, gaming, money loaned to be used in, 506.
ill-fame, illustration of contracts void as being connected with
the maintenance of houses of, 510-512.
ill-fame, sales of goods to be used in houses of, 509, 510.
illustrations of in violation of penal statutes, and hence void,
immoral purpose, participation in, what amounts to, 511.
immoral purpose, participation in which will avoid, 509, 510.
in relation to the prosecution of civil actions where public inter-
ests are involved, 524.
in violation of penal statutes are not enforceable, 502, 503.
intent of one of the parties to perform in illegal manner or in
violation of law, 502.
intoxicating liquors, sales of in violation of law, 505.
involving violation of laws, 505.
knowledge of illegal or immoral purpose, when avoids, 509, 510.
lease of premises for unlawful purposes, 506.
lease of property to be used for immoral purposes, 511.
license, conducting business without paying, whether defeats
contracts, 507.
lobbying contracts, when invalid, 517, 518.
moral turpitude, contracts involving are not void, 512.
not to make settlement or compromise of pending actions, 524.
of property to be used in houses of ill-fame, 509, 510.
part of which is in restraint of trade, 525.
partial failure of consideration as a defense pro tanto, 495.
partial failure of consideration, when does not avoid, 495.
partial illegality of consideration, difference between and par-
tial failure, 495-497.
penal statutes, contracts for the violation of, when void, 502, 503.
penal statutes, contracts in violation of which are not void, 504.
prohibited by statute are void, 504.
sales in violation of inspection laws, 509.
sales in violation of statute requiring approved
sales, knowledge of seller that goods are to be used for an illegal
sales of property to be used for immoral purposes, recovery upon,
sales of several articles, the sale of one of which is illegal, 500.
sales to public enemies or persons in rebellion are void, 504.
services rendered by an unlicensed person, whether recovery may
be had for, 507, 508.
Sunday laws, contracts in violation of, 498, 505.
tending to control or corrupt the discretion of officers of corpora-
tions, 513.
tending to corrupt good morals, 509.
to compound criminal prosecutions, 523.
to recommend certain persons to the favor of others, 515.
void as against public policy, being for the giving of false in-
formation, 515.
which may not be performed without the violation of law, 501,
with public officers for services of in matters in which they are
personally interested, 522.
Am. St. Rep., Vol. 117-71
1. CORPORATIONS-Right to Purchase Their Own Stock-
Corporations may purchase, hold and sell shares of their own stock,
provided they act in good faith and without intent to injure their
creditors. (Va.) United States Mineral Co. v. Camden & Driscoll,
1028.
CORPORATIONS-Preferred Claims Against by Subrogation.-
One who advances money to a going corporation to pay off claims of
its laborers is not entitled, upon its subsequent insolvency, to any
preference over other creditors, by way of subrogation to the liens
of the laborers. (Ark.) Bank of Commerce v. Lawrence County
Bank, 85.
3. STATE CORPORATION
state corporation commission of Virginia, created by constitutional
authority, is the instrumentality through which the state exercises
its governmental powers for the regulation and control of publie
service corporations, and for these purposes it is clothed with legis-
lative, judicial and executive powers, and may declare a statute
imposing a fine or forfeiture on a corporation for refusing to do a
certain act unconstitutional and void. (Va.) Commonwealth v. At-
lantic Coast Line Ry. Co., 983.
COSTS-Liability for.-If an indemnity insurance company
does not defend the suit of the insured and he has to defend it, the
insurance company is liable for the costs upon its policy of indemnity.
(Ky.) Travelers' Ins. Co. v. Henderson's Cotton Mills, 585.
COTENANCY.
See Tenancy in Common.
COURTS.-The Opinions of the Commissioners of the supreme
court of Nebraska designated as "unofficial" are of no value as
authority or precedent, within the meaning of the doctrine of stare
decisis. The court has not necessarily approved all the propositions
of law advanced either as indicated in the syllabi or in the opinions
themselves. (Neb.) Flint v. Chaloupka, 771.
1. CREDITOR'S SUIT-Attaching of Lien.-The beginning of a
creditor's suit gives a specific lien upon the property sought to be
reached which continues until the final determination of the cause.
The issuance of execution on the judgment is unnecessary in order
to keep the judgment alive so far as the specific property is con-
cerned. (Neb.) Flint v. Chaloupka, 771.
2. CREDITORS' BILLS-Life Insurance-Pleading.-In a pro-
ceeding by creditor's bill to subject a policy of life insurance payable
to a beneficiary on the death of the insured, but in which he has
a surrender value to the payment of such creditor's claim, he must,
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