CITED. 3 O. S. 256. Ashmead v. Heard, 13 Pa. St., 584; read: Ashmead v. Hean, etc. 14 O. S. 401. Acby v. Rapelge, 1 Hill 9; read: Aeby v. Rapelye, etc. 32 O. S. 73. Mitchell Ackler v. R. R. Co., 64 N. Y. 655; read: Mitchell, Adm., v. Railroad Co., etc. Wright 607. Atkinson v. Jordan, 5 O. 363; 28 O. S. 470. read: 5 O. 293. Attwood v. Small, 6 Cl. & F., 48; read: 6 Cl. & F. 232. 25 O. S. 243. Att'y Gen'l v. Bower, 3 Ves. 714; read: Att'y Gen'l v Bowyer, etc. 14 O. S. 255. Att'y Gen'l v. Hall, Fitzgibbon, 304; read: Fitzgibbon, 314. 5 O. 167. Att'y Gen'l v. Hospital, 2 Ves. 467; read: 2 Ves. 46. 5 0. 189. Att'y Gen'l v. Philphot, Anst. 609; read: Att'y Gen'l v. Philpot, Anst. 607. 36 O. S. 440. Att'y Gen'l v. Stewart, 21 N. J. 340 ; read: Att'y Gen'l v. Steward, 21 N. J. Eq. 340. 18 O. 512. Att'y Gen'l v. Randall, M. S. Rep. Trin. [Vac. 1734; read: 21 Vin. N. A. Pl. 9. 4 O. S. 460. Aubrey v. Middleton, 2 Eq. Ca. Abr. 497; read: Awbrey v. Middleton, etc. 27 O. S. 677. Aucher v. Adams, 23 O. S. 543; 38 0. S. 235. read: Aucker v. Adams, etc. 38 0. S. 23. Auditor v. Benoist, 20 Mich. 176; read: Auditor v. Benoit, etc. 1 ACCORD AND SATISFACTION— PAGE. accepting compensation for personal injury presumed to be in 498 ACCOUNT- account stated-effect of-by implication-burden of proof......... 421 attorney of one State asking for admission in other State-proof ....... ..... 108 AGENT- 183 authority to make note for another does not include authority to owners ....... 271 lien of real estate broker on papers for his compensation 890 implied authority of agent effecting loan and collecting interest, 586 agent acting so that principal jointly and severally liable with 785 APPEAL by one party, does not carry up issues made by another party in sheriff, in action for money in his hands, other claimants to fund ASSIGNMENT— 721 845 mortgage claim-failure to sue within 30 days after rejection of 180 assignee may sue for penalty for usurious interest charged his assignor by national bank....... 174 requisites to make it valid-rule 177 PAGE ASSIGNMENT-Continued. 496 assignor's right to homestead-probate court may order sum to be paid in lieu of homestead out of proceeds of assignor's land, 227 sale of real estate at private sale is judicial sale.................................. parol transfer of goods to arrive, to secure pre-existing debt and advances to be made, is valid against assignee of transferor, although goods arrive after assignment......... ATTACHMENT— 722 U. S. Marshall liable on bond for taking wrong person's goods under attachment........... 653 general rules as to 683 whisky in U. S. bonded warehouse not subject to attachment from state court 766 notice by publication-sufficient description of property......... 269 order by J. P. overruling motion to discharge attachment reviewable on error................. 292 but J. P. may proceed and determine cause on its own merits...... 292 when two or more parties may be held as garnishees....................... 882 ATTORNEY At Law communications to prosecuting attorney privileged............... 104, 272 contingent fee, agreement for, valid, although attorney also act as witness....... ......105, 847 but agreement for contingent fee for services as a witness void... 105 liability of one partner of a lawyer's firm for misappropriation by the other 469 agreement between, that attorney shall have lien on judgment to secure his fee--priority of lien 380 are persons not admitted to bar authorized to practice before J. P..... action against attorney for money collected accrues only after de mand and refusal........ 643 liability of attorney for error in examination of title..............644, 956 attorney receiving note for collection from agent may deliver proceeds to such agent........... 718 contract by guardian with attorney binds ward...... ....................... 857 in action for attorney's services jury not bound by opinion of experts as to value..... 909 in case of fees contingent on ultimate success, question whether success was obtained one of law....... 909 who will not be appointed attorney of a receiver... 881 incomes of the bar........ 941 BAILMENT bailee estopped from denying title of his bailor, even if his own wife entitled to the property..... 646 BANK authority of cashier to represent bank in transactions outside his ordinary duties....... 59 BANK-Continued. ........... PAGE. organization of nat'l bank as successor to state bank-may hold ..129, 168 174 can not apply money on deposit to payment of note of depositor payable at the bank what instrument amounts to a check........ 681 681 check to attorney for his clients vests title in att'y in trust for client and suit to be brought on check in his name........... ........ 681 holder of check can not sue bank for refusal to pay it, though the drawer have suficient funds on deposit......... BEER presumption that it is intoxicating..................... BASTARDY- evidence in bastardy cases BENEFIT CERTIFICATE—– indorsement of, to sister, not revoked by subsequent marriage... 536 BILL OF EXCHANGE words that can not be construed as an acceptance by drawee........ 854 BOND what on turning over funds to successor in office to be considered cash............. 77 penalty in-liquidated damages declarations of parties............ liability of surety, on official bond for second term of office, for breach....... 499 810 BOOKS OF ACCOUNT- contents may be proved by secondary evidence when books are out of state and beyond jurisdiction of court............. 57 BROKER (see also Agent.) when entitled to compensation 907 BOUNDARY township line-competency of parol evidence to show.............. 88 BURDEN OF PROOF account stated....... 421 CHAMPERTY— conveyance to attorney, when not champertous-what must be shown to make out champerty........ 59 CATTLE trespassing-rights of landowner......... 502 CHARGE court not bound to charge in language asked by counsel.......531, 779 COMMON CARRIER delivery of wrong property-damages........ 229 liability for goods destroyed by fire on wharf, bill of lading excepting dangers by fire........ .230, 682 garnishment of, for goods in transitu......... liability for plate glass shipped as rough glass-admissibility of receipt for the goods to be carried. 682 ...720, 813 PAGE. COMMON CARRIER-Continued. mere deposit on carrier's wharf without acceptance by consignee, and without separation from residue of cargo, does not discharge carrier........ CHECK-(see Bank.) CIRCUIT COURTS IN OHIO, THE. CHURCH 762 275 church property-rights of bishop and of Catholic congregation, 317 CINCINNATI RIOT, THE.... ..........355, 387 467 885 272 creation of fund to pay off indebtedness of educational institution not sufficient consideration for note given-mutual promise........ CONTRACT 383 conditions in telegraph blanks, as to claims for damages......................... made by correspondence, question whether there is warranty as to quality is for the court, and what evidence admissible.....52, 135 written instrument-rule of construction of................. granting clause-what passes.... 1 236 236 in restraint of trade-validity.... 230 sales of chattels made to order and not accepted....... 234 agreement between two parties for payment of money to third may be enforced by latter in his own name.............................................. signed by one party only, but acted on by both.......................................... 27.3 of private corporation made in charter, subject to legislative control,. when 265 357 agreement for location of R. R. at particular intermediate place not void per se........................................ by married women in Ohio............................ liability of contractor for use of power in executing contract...... 938 CONVEYANCE grounds for holding fraudulent, either fraud intended, or operating interference with law 60 to son, in consideration of supporting parents and of sum of money equal to value of property, good against creditora....... inadequacy of consideration as badge of fraud....... laches in attacking conveyance as fraudulent........ 103 103 103 by father to daughter and her children creates joint estate........... 104 to mortgagee to save expenses of foreclosure, the debt exceeding value of property, the interest of grantee dates from execution of mortgage......... ..... 385 |