zance issued in 1874 by K., the administrator of the obligee, B., pleaded payment, and testified that he had entered into the instrument sued on in 1839, and in 1840 paid the full amount of the debt to the clerk of the court in which the recognizance was given. He further testified that from 1840 to the beginning of the action he had frequently met the obligee, who had never mentioned the debt. There was no contradictory evidence, and no evidence of B.'s insolvency at any time. Held, that the original presumption of payment from lapse of time was not rebutted through B.'s admission of payment to an unauthorized person, but that, under the evidence, it was to be presumed that the money paid to the clerk had been received by the obligee. — Beale's Ex. v. Kirk, S. C. Pa., W. N. C., October 11, 1877. PRACTICE. GENERAL AND SPECIFIC INSTRUCTIONS. – Where the court in its general charge to the jury correctly states the general principles applicable to cases of the kind on trial, but follows it by an erroneous specific instruction on a controlling point, as to the legal effect of the case made by the evidence before the jury, which, if followed, misleads the jury, such erroneous specific charge is not cured by the general charge. Krouse v. Pittsburg, Cin., f St. L. R. R. Co., S. Č. Ohio, Cent. L. J., October 19, 1877. See NATIONAL BANK, 1, 2; NEGLIGENCE. RECEIVER. REMOVAL OF CAUSES. POWER OF STATE COURT IN VACATION. – A cause was referred to a referee under the statute of Iowa for trial, in vacation. A petition, affidavit and bond were filed in the office of the clerk of the state court, under the Rev. Stats. sec. 539, subdivision 3, for the removal of the cause to the federal court. Held, not to have the effect to divest the jurisdiction of the state court, or of the referee to proceed to a trial pursuant to the order of reference. Under section 639 of the Revised Statutes, a removal of a cause cannot be effected in vacation, without any action of the state court. Scott v. Otis, C. C. U. S. Iowa, Chicago L. N., October 27, 1877. TORT. VOLUNTARY PAYMENT. COERCION IN FACT AND BY LAW DEFINED. — Money involuntarily paid on an illegal assessment may be recovered back. If the assessment is regular on its face, so that its collection can be enforced by seizure or sale, and evidence aliunde is necessary to show its invalidity, money paid thereon is paid involuntarily or by coercion by law. Peyser v. The Mayor, Ct. App. N. Y., Albany L. J., October 29, 1877. TABLE OF CASES AND INDEX. CASES REPORTED. PAGE PAGE Beaumoril, Morgan v. . . . . . 127 Orr, Philadelphia Hydraulic Iron Works v. 173 Blake v. The People . . . . . .29 Parker, Pierce v. . . . . . . . . . 143 Byrd v. Nunn . . ... .. . . .175 People, The, Blake v. .. ... 29 Harrington v. Libby, .. .: 47 Philadelphia Hydraulic Water Works v. Orr 173 Libby, Harrington v. · · · · · · · · . . 47 Pierce v. Parker . . . . . . . . . 143 Marsh v. Warren ...... . . 126 State v. Neagle . . . . . . . . . . 15 Morgan v. Beaumoril . . . . . . . 127 Warren, Marsh v. . . . . . . . . . 126 Neagle, The State v. . . . . . .. 15 Watkins v. Watkins . . . . . . . . 159 Nunn, Byrd v. . . . . . . . .. 175 INDEX. NOTE. In place of the Annual Digest of the twelve numbers of TAR AMERICAN LAW TIMES published during the year, which has usually been prepared for the bound volume of the REPORTS, tbe following Index to t for 1877 is given, in the belief that it will practically serve the same purpose. In binding the REPORTS for 1877, the TIMEs with this Index will be included at the back of the volume, in place of the Annual Digest. ...20 ...............20 ............. 3 9 ..............39 ADMINISTRATOR. Place of appointment. Trusts, etc........ Who are mariners. ............................................ ..........9 Domestic vessel. Material-man has no lien for repairs....... ..............20 Foreign or domestic vessel. Residence. Enrolment. ....... Contract to build ship. Ownership.............................. Maritime contracts defined..................................................... Possession defined................................. Jurisdiction. Marine toil...... Seamen's wages. Remedy given to seamen by section 4546 and 4547..... Appeal from district to circuit court. Within what time may be taken...... ALIMONY. Imprisonment for failure to comply with decree for payment. ........ ASSIGNMENT.' Equitable assignment. Power of attorney. Death of attorney... Assignment does not carry with it right of action in tort............. ATTACHMENT. The United States, when a plaintiff in civil action....... ........145 ATTORNEY. Employment to examine title. Foreclosure of mortgage. Payment........87 ATTORNEY AND CLIENT. Compensation of attorney...... 130 ................52 .....................143 ............ ................................... ............................. BANKRUPTCY. Number and value of creditors. Attaching creditors................. Composition. Only one meeting of creditors required... .................................. f creditors.....................................................24 Mechanic's lien. Proceedings in bankruptcy to preserve.............................40 Separate business and accounts........ Attachment. Bill of sale. Preference. .... If there is an omission to enter an order refusing a discharge........ Second petition......... Goods on commission. Fiduciary debt............................................41 The cost of an attachment.... .....40 ...53 10.................. 4 .............. .71 If the bankrupt being trustee, deposited the trust funds in bank.... ...41 ...52 .53 The claim of an attorney for services..... nvoluntary proceedings without notice, etc.............. ..71 72 state law...................... ,102 102 71 71 ....72 72 ....72 .72 . ..101 ....103 ........104 ..............117 ......117 .......................119 130 Evidence. Under general money counts in such declaration..... adjudged bankrupt...........................................................103 ..........103 .....104 ....104 ury and given them to his wife........ ...........118 sclosure by bankrupt.........................................................118 .....118 .....118 ...........118 ....118 119 119 130 130 130 130 130 ...131 ...131 ....131 ...131 ...131 ...131 145 145 ............146 146 ..146 .146 ...146 146 .147 .147 147 147 147 147 147 148 148 162 .........162 worthless ...... 162 162 162 ...131 ...................145 146 .146 ....162 ..........163 ............................ ...........................1 ...................... ................................... ...... 72 .................... 72 ....119 .................... ....... Action against assignee. Where marshal has demanded and received from sheriff property.............. ............163 .............163 If on dissolution of copartnership, retiring partner takes out portion of assets......... .....177 178 maker......... ....179 ... 55 ....149 ...120 . 120 Chattels as trust fund.................................... Insurance of mortgaged chattels..... Liability for goods shipped beyond its own line......... .90 .....................132 132 ...........90 .90 illicit, ler loci....... ................133 ion of validity of act............ ...... 25 Condemnation of land for railroad purposes..... Agreement between R. R. and Telegraph Co. Public Policy..... Contract in contravention of statute, &c....... ....120 .... 25 25 90, 132 104 ............9 purposes................................. . |