SAINT LOUIS, JUNE 28, 1878.
[See HOMESTEADS AND EXEMPTIONS.] ABDUCTION.
Prisoner held rightfully convicted of taking female un- der the age of fourteen out of the possession of her father, a hough he believed, and her appearance justi fied the belief, and she told him that she was over that age, 99.
Statute against abduction "for the purpose of prostitu tion" will not sustain conviction for abduction for the purpose of sexual intercourse, 99.
Statute against abduction of females "of previous chaste character," refers to actual personal virtue, as distin- guished from good reputation, 99.
ACCOMPLICE.
[See CRIMINAL EVIDENCE.]
ACCOUNT STATED.
What is an, 16.
ACTION.
Where a statute authorizes a turnpike company to col- lect its tolls by stopping persons from passing its gates until they have paid the toll, company can not recover such toll by suit, unless a special agreement is alleged and proved, 77.
Against trustee in bankruptcy for maliciously prevent- ing bankrupt's discharge, 261.
What redress has one who has been convicted and served his sentence under a statute afterwards de- clared unconstitutional? Query, 159. Answers, 159, 220, 259, 279.
ADMIRALTY AND MARITIME LAW.
A firm of material men can not maintain lien on vessel in which a member of the firm owns an interest, 41. Damage to pier by abandoned ship; liability of owner; act of God, 235.
No lien upon a vessel for the premium for its insurance by the owners for their own benefit, 261. Construction of United States statutes as to agreements of seamen, 292.
Ship described in charter party as being classed in a par- ticular way, this is not a warranty that she will con- tinue to be or was rightfully so classed, 374. Undertaking whereby a propeller in consideration of its freight for the carriage of goods, agrees to collect of the consignee advances and charges thereon, and repay them to the party from whom it receives the goods, is a maritime contract, 381.
Construction of letter from principal to agent in follow- ing terms: "I shall feel under many obligations if you will kindly make such sale and purchases of bonds as your good sense dictates 59.
Directors of company not principals, but intervening agents, and are not liable for fraud of those they em- ploy, 114.
Agreement made by an agent beyond his authority and through compulsion, does not bind principal, 288. Authority by principal to agent to make conditional sub- scriptions violated by departure from terms, 295. When government bound by fraudulent acts of its agents, 334.
Adoption by principal of acts of agents. 336.
Of the revocation of authority of an agent by the death of his principal; article by H. H. Cartis, Esq., 383. Ratification by principal of unauthorized acts of agent,
APPEALS AND APPELLATE PROCEDURE.
[As to appeals in Admiralty, see ADMIRALTY AND MAR- ATIME LAW; in Bankruptcy, see BANKRUPTCY; from Justices of the Peace, see JUSTICE OF THE PEACE.] Imperfect record; appellate court can not consider, 16. Motion to vacate decree in patent case for collusion; rights of third parties. Cochrane v. Deener, 26. Affidavits attached to record and not made part of bill of exceptions not considered on appeal, 38.
Appeal in criminal case must show indictment, arraign. ment, trial and verdict below, 38.
Verdict amended by agreement of counsel, but not ap- pearing in bill of exceptions, will be disregarded on ap- peal, 38.
Supreme court in criminal cases will examine record although there be no appearance for defendant, 57. State not entitled to writ of error in criminal cases (Mo.) 57.
No appeal lies from the decision of the probate court setting aside or refusing to confirm a sale made by the assignee for the benefit of creditors, 58.
Findings of fact by the United States Courts belong as fully to the record as the verdict of the jury; no bill of exceptions necessary to bring them upon the record, 76. A correct judgment will be affirmed though made to rest on erroneous ground in court below. 77.
Appeal from decree granting injunction under Ohio practice, 78.
Requisities of bill of exceptions fully stated, 79. Re-opening case for newly discovered evidence, 79. Appeal by party not injured by decree, 94.
In fixing amount of appeal bond, only costs incurred up to that time included, 97.
Supreme court can not revise action of inferior court in granting or refusing a new trial, 133.
Duty of clerk as to certifying to papers sent up on ap- peal, 136.
When appeal will not lie to supreme court on ground of validity of a statute, 196.
Duty of trial court in making up bill of exceptions; agreement of counsel, 197.
In absence of notice of appeal, rulings of district judge in criminal case can not be reviewed, (Kas.) 197. Appeal from judgment of foreclosure does not bring up order refusing to modify judgment by striking out items of costs, 197.
Appeal by the state in criminal cases limited to ques- tions of law (Ind.), 198.
Appeal from probate courts in Massachussetts, 198. Strictures of the Chief Justice upon the records sent up to the Supreme Court of the United States, 241. Practice in "case made" under Kansas code, 254. Time for filing and presenting bill of exceptions (Mass.),
Security required upon writs of error and appeals to United States Supreme Court can not be taken by clerk, 292.
Appeal will not lie from judgment of circuit court sus- taining motion to set aside judgment before rend- ered, 294.
Objection on ground of variance between libel and in- dictment can not be first made on appeal, 295.
Objection can not be made in upper court to the admit- ting in evidence of depositions taken unless motion was made in lower court to suppress them. 295. Appellate court will not reverse action of trial court in refusing to set aside judgment on default, 334. Office of bill of exceptions and "case made" respec tively, 358.
Motion for new trial no part of record and will not be noticed in supreme court, 357.
In equitable action court will review evidence on ap- peal, 359.
Dismissal of complaint on reversing judgment for plain- tiff, 359.
Where interlinations have been made in instruction it should be re-written in bill of exceptions, 396. Appeal after term limited by statute, 441.
Decree in partition declaring rights of parties and or- dering report, a final decree, 498. ARBITRATION AND AWARD. [See also PLEADING AND PRACTICE.]
Voluntary appearance of parties before person not duly appointed referee does not give him such power, 18.
One may submit to a reference for another, and will be answerable for the obedience of the other to the award, 136.
A parent or guardian may submit to arbitration for an infant, 136.
ARBITRATION AND AWARD-Continued.
Award prima facie binding and conclusive upon the par- ties, and the burden is on the plaintiff if he seeks to avoid it, 198.
It is the right and duty of the chairman to express his opinion of the law, and it is exclusively within the dis- cretion of each associate arbitrator to decide how far he will rely upon that opinion. Ibid.
It is within the discretion of a majority of the arbitrat- ors to determine how long they will continue the dis- cussion of the case. Ibid.
The fact that two of the arbitrators became excited dur- ing the discussion, furnishes no reason for setting aside an award deliberately made by the majority. Ibid.
Award will not be set aside for trival causes, 316. ARREST.
Exemption from, of witnesses before legislative com. mittee, 58.
Prisoner burning a hole in his cell in order to make his escape not guilty of, 99.
Indictment for assault not bad because word "assault" is not used, 38.
Rites of expulsion from a secret society held to amount to an assault and battery, 99.
That alleged injuries were received in a prize fight no answer to an indictment for assault and battery, 99. Assault with intent to murder; criminal responsibility of one who sets out spring guns, 275.
Disturbance of religious rites no defence to, 459. ASSIGNMENT.
Who has priority-the assignee of a judgment or the holder of a prior unrecorded deed? Query, 238. An- swer, 279.
Wanted. A well considered case holding that the as- signce of a chose in action can only recover what he paid. Query, 278. Answers, 319, 388.
ASSIGNMENT FOR BENEFIT OF CREDITORS. Providing for compounding the indebtedness of firm, void, 418.
Effect of, on creditors included and not, 436. ATTORNEY AND CLIENT.
Right of old solicitor, on retainer of new one, to keep clients letters and copies of his letters to client, 114. Court has no power to make a solicitor pay the costs of an action rendered necessary by his mistake or care- lessness, 114
Solicitors have no right to look for their costs to a fund in court not belonging to their clients, 195. Though attorney may retain out of client's money in his hands his reasonable charges, he cannot exact a re- ceipt in full as a condition of paying over, 197. Communications between, in former action privileged,
Champerty; contract to pay sum of money to attorney out of proceeds of land recovered not champertous, 355. Contract for specific sum for services; claim to chancel- lor's allowance, 375.
Assignment of property of client in hands of third per- son to attorney for services to be rendered valid against attaching creditor, 374.
Meaning of "more than an ordinary fee," 416.
AUDITA QUERELA.
Proceedings in the nature of, 358.
[See ARBITRATION AND AWARD.] BAILMENTS.
Bailor may maintain action against one who has received property from bailee and tortiously injured it, 118. An executor is to be charged for assets lost, as a gratu- itous bailee, 195.
Property in hands of assignee in bankruptcy liable to taxation under state laws, 41.
• What is a fraudulent preference under Bankrupt Act,
Meaning of the words "having a reasonable cause to be. 272lieve the party to be insolvent," in Bankrupt Act, 94. Policy holders of a mutual life insurance company en- titled to vote for trustees and share in profits are "cor- porators" within § 5122, chap. 6, tile 61, U. S. Rev. Stat., and an adjudication in bankruptcy cannot be made against the corporation without notice to them, 95. Action on promissory notes; judgment preference, 116.
BANKRUPTCY-Continued.
A firm creditor, holding mortgage security upon the sep arate estate of one of the partners, may prove his whole debt against the joint estate without valuation or surrender of his security, even though the individual schedules of the partner whose separate estate is thus mortgaged do not show that he owes individual debts. Re Thomas &. Sivyer, 151.
Judgment creditors by filing bill within four months of bankruptcy proceedings may obtain lien on lands as against assignee, 156.
Promise relied on to remove bar of discharge in bank. ruptcy need not be in writing, 177.
Jurisdiction of state courts over suits by assignees, 198. The word "fraud" in sec. 33 of the Bankrupt Act means actual and not constructive fraud, 235
Action against trustee in, for maliciously preventing bankrupt's discharge, 261. Construction of "tradesman" in Bankrupt Act. Re Stick- ney, 265.
Where a firm which became bankrupt had been, as large stockholders, connected with and were the principal officers of a manufacturing corporation not in bank. ruptcy: Held, that such connection did not of itself constitute the bankrupts, merchants or tradesmen. Ibid.
The Bankrupt Act-Its provisions and objects-Should the law be repealed, Article by John F. Baker, Esq., 273.
The effect of, upon pledges, 281.
Proceedings in bankruptcy do not ipso facto divest the state court of its jurisdiction, 357.
Sureties on an appeal bond, given before bankruptcy proceedings were begun, are not discharged by the discharge of the principal debtor. Ibid.
Bill repealing the Bankrupt Act, 360.
Some comments on the proposed repeal of the act, 379, 400
On an appeal by a creditor to the circuit court, under section 4984, of the Revised Statutes, the case is to be reconstructed and issues made up, and the case tried in the same way as a case at law originally brought in the circuit court. Stillwell v. Walker, 406.
Where the the claim is based on a judgment of a state court, obtained against the bankrupt before bank. ruptcy, an answer which sets up only matters that would have constituted a defense to the original suit, but does not aver any fraud or collusion in the obtain ing of the judgment, or any accident or mistake, is not good. Ibid.
It seems that any claim of fraud or collusion in the ob taining of the judgment cannot be set up by answer under section 4984, but must be asserted by bill in an independent suit. Ibid.
What is knowledge of insolvency under bankrupt law, 414.
Effect of discharge on action for false representations, 478.
Answering questions as to the solvency of a person by a cashier not within the scope of his employment, 75. Note payable to "McMann, cashier," is a note payable to the bank, 95.
Power and authority of bank cashiers; when bank bound by indorsement of, 95.
President, cashier or director of national bank may bor- row money of bank, 95.
Purchase by national bank of promissory note, for pur- pose of speculation, ultra vires, 56.
Effect of usury under the National Banking Act. Na- tional Bank of Madison v. Davis, 106.
Right of revenue officers to enter bank for the purpose of examining its cheeks, 113.
Relations between and liabilities of bank and current depositor, 237.
Under the national banking act, a shareholder has the right to make an actual and bona fide sale and transfer of his shares to any person capable in law of taking and holding the same, and of assuming the transfer- rer's habilities in respect thereto; and, in the absence of fraud, this right is not subject to a veto by the direct ors or the other shareholders. Johnson, receiver v. Laflin, 124.
Where such a sale of shares is made, and the transfer entered on the books of the bank, the transferrer ceases to be a shareholder, and is freed from liability in re- spect of such shares. Ibid.
The provision of the national banking act, (Rev. Stat., see. 5139), that shares shall be "transferrable on the books of the association," construed; and held not to give the directors the power to refuse to register a bona fide transfer of stock without some valid and suf ficient reason for such refusal. Ibid.
[See NEGOTIABLE AND ASSIGNABLE PAPER.] BONDS.
[See OFFICIAL BONDS; MUNICIPAL BONDS.] BOOK NOTICES.
American Decisions, Vol. 1, Proffatt, 159, Vol. 2, 303. 64 Form Book, Sayler, 218.
Law, Analysis of, Powell, 178.
Analysis of American Law, Powell, 178.
Bankruptcy, Law and Practice in, Blumenstiel, 80. Bates' Delaware Chancery Reports, Vol. 2, 179. Baxter's Tennessee Reports, Vol. 1, 139. Berry's Missouri Appeal Reports, Vol. 2, 419. Bishop's Law of Contracts, 239.
Blumenstiel on Bankruptcy, 80. Bump's Constitutional Decisions, 339.
Citations, Federal, Desty, 399.
Coddington's Digest of the Law of Trade Marks, 56. Coleman's Fearne on Contingent Remanders, 459. Connecticut Overruled Cases, Sharswood, 257.
Constitutional Decisions, Bump, 339.
Contracts, Law of, Bishop, 239.
Copyright, Law of, Spalding, 257.
Criminal Code of Ohio, Wilson, 218.
Law, Manual of, Washburn, 359. Reports, Hawley, Vol. 1, 98.
Delaware Chancery Reports, Vol. 2, Bates, 179. Desty's Federal Citations, 399.
Digest English Reports, Moak, 279.
Evidence, Stephen, May, 15.
Kentucky Reports, Stanton, 15.
"6 New Jersey Reports, Stewart, 299. "Ohio, Supplement, Bates, 257.
Trade Marks, Coddington, 56.
Directory, Legal, Hubbell, 36.
English Reports, Digest, Moak, 279. Evidence, Stephen on, May, 15.
Federal Citations, Desty, 399.
Fearne on Contingent Remainders, Coleman, 459. Form Book, The American, Sayler, 218. Freeman's Illinois Reports, Vol. 82, 439.
Hawley's Criminal Reports, Vol. 1, 98. Hill's Illinois Digest, 218. Hubbell's Legal Directory, 36. Illinois Digest, Hill, 218.
44 Reports, Freeman, Vol. 82, 439. International Review, The, 239, 379. Jones' Law of Mortgages, 299.
Judicial Sales, Rorer, 500.
Kentucky Digest, Stanton, 15.
Landlord and Tenant, Sloane, 459.
Legal Directory, Hubbell, 36.
46 Maxims, Wharton, 257.
Marriage, Studies in Primitive, McLennan, 179.
[See, also, NEGLIGENCE; RAILROADS.]
Delivery to connecting carrier; delivery complete when goods are deposited within control of carrier, 55. Contract releasing carrier from claims for damage to stock "from whatever cause arising," does not release it from liability for loss resulting from negligence of its servants, 56.
Carrier of animals is excused from liability for such loss only as is caused by the inherent tendencies or quali- ties of the animals, 56.
Lien for freight lost after delivery of goods to consignee, and carrier can not maintain replevin for goods, al- though conditions precedent to delivery had not been complied with, 113.
Conditions in receipt limiting liability, 175.
Liability of, for valuables carried by passengers, 201. Connecting lines; implied obligations, 216.
When consignor may maintain suit against, 295.
Liability of express company for loss on connecting line, 394.
[See PLEADING AND PRACTICE.]
[See WILLS.]
CHARTER PARTY.
[See ADMIRALTY AND MARITIME LAW.]
[See NEGOTIABLE AND ASSIGNABLE PAPER.] CHATTEL MORTGAGE.
[See MORTGAGE.|
CHURCH CORPORATIONS.
[See CORPORATIONS.]
CIVIL DAMAGE" LAWS.
Joint liability of seller of liquor and owner of property in which sale is made, 35.
Intoxicated person killed by locomotive; liability of seller of liquor, 35.
Seller of liquor liable for damages caused by discharge of pistol in hands of intoxicated person, 101. Judge Davis on the, 180.
Threats and vulgarity directed by the husband to the wife, unaccompanied by physical injury, will not enti- tle her to recover damages under Iowa statute for in- jury to her person. Calloway v, Layton, 246.
The words "in person," as used in that statute, mean in body. Ibid.
There can be no exemplary damages without actual damage. Ibid.
Where intoxications were separate and distinct, tha sat- isfaction had been made by one seller does not bar ac- tion against the other, 255.
Legislature may, on the application of a person stand- ing in the position of a trustee, and for a purpose apparently for the interest of the cestui que trust, authorize a ale of property of the latter. 10. Constitutionality of statute prescribing mode of service of process upon corporations, 54.
Kansas statute "to regulate taxation on the change of boundary lines" constitutional, 59.
Sec. 1, art. 11 of the Kansas constitution which provides that "the legislature shall provide for a uniform and equal rate of assessment and taxation" construed, 59. Validity of state legislation affecting corporate charters,
Construction of the term "due process of law" in U. S. constitution, 252.
Missouri statute prohibiting the bringing into the state of Texas and Mexican cattle between the first days of March and November in each year unconstitutional. Hannibal & St. Joe R. R. v. Husen, 121, 170, with note by G. G. Vest, Esq., 170.
Letter from M. A. Low, Esq., as to this case, 217. Reply of G. G. Vest, Esq., 238.
Power of a state to enact sanitary laws and enforce police measures, 170.
Under constitution of 1848 legislature cannot exempt from taxation property owned by charitable or relig. ious corporations not directly used in aid of the objects of the corporations (Ill.), 196.
Pennsylvania statute requiring notes given for patent rights to show on their face that they were so given, constitutional, 241.
Certificates of indebtedness issued by the city of Chicago held to be "debts" within the Illinois constitution, and being beyond the legal limit, void. Law v. People,
CONSTITUTIONAL LAW-Continued.
Missouri act prohibiting the conveying of fire-arms into churches and courts, constitutional, 16. Constitutionality of state legislation affecting statutes of limitation, 21.
Unconstitutionality of laws imposing extra-judicial duties upon the judiciary, 62.
Missouri act authorising the members of the bar present at the time of an application for change of venue in a criminal case to elect a "special judge," constitutional,
Louisiana statute requiring carriers to transport colored persons in the same cars, cabins, etc., as whites, un- constitutional, 102.
The authority conferred on the Senate to try contested elections is not "judicial power" within sec. 1, art. 4 of the Ohio constitution, which requires the judicial power of the state to be vested in the courts, 118. Law requiring municipal corporations to pay past claims not enforcible on account of irregularities, not retro- active, 133.
Substitution of one remedy for another not unconstitu- tional. State ex rel. Bloomstein v. Sneed, 144.
In modes of proceeding and forms to enforce a contract a state legislature has the control, and may enlarge, limit or alter them, provided that it does not deny a remedy, or so embarrass it with conditions and restric- tions as seriously to impair the value of the right. Ibid. Nebraska statute giving to the owner of live stock "double the value of his property injured, killed or destroyed" on a railroad track, in case the same is not paid within thirty days after demand therefor is made upon the company, unconstitutional. A. & N. R. R. v. Baty, 148. Constitutional provision requiring corporations other than municipal to be incorporated under general law, not by special act, not violated by an act providing for the incorporation of "slack water navigation com- panies for the improvement of rivers" in certain desig- nated counties, 155.
Statute allowing set off, passed after judgment obtained, constitutional, 173.
Defendant convicted of assault and battery on his wife, and sentenced to five years' imprisonment and bond for $500 for five years more; sentence held "cruel and excessive," and therefore unconstitutional, 177.
Tax on corporate franchises constitutional, 217. Pennsylvania affidavit of defense law constitutional, 281. Missouri act of March 21, 1868, as to municipal bonds, constitutional, 294.
Party to suit has no vested right in the rules of practice in force at time suit was brought, 295.
Under power given to Congress to regulate commerce between the states, control may be exercised over telegraphs, and state laws in conflict with laws of Con. gress on the subject are invalid, 301.
Iowa statute making railroad companies absolutely liable for fires caused by locomotives, constitutional, and not void for want of constitutional enactment by the General Assembly, under art. 3, p. 2 §1 of the state constitution. Small v. C. R. I. & Pac. R. R., 310.
A statute (e. g., the act defining the jurisdiction of the superior court of Grand Rapids, Mich., Sess. St., 1875, p. 44, §13) which seeks to give a municipal court juris- diction, where original process is served within the city, though neither party is a resident, as where ser- vice is had anywhere in the county, if plaintiff resides in the city, is unconstitutional and void. Grand Rapids R. R. v. Gray, 347.
Missouri act of March 9, 1872, abolishing offices of cir- cuit and county attorneys, constitutional, 357. Rebellion; hostile legislation; seizure of property of loyal citizens; government de facto, 355.
Taxation by municipality of its own bonds unconstitu tional, 373.
The North Carolina statute of August 22, 1868, exempting personal property and the homestead of a debtor from sale under execution, is unconstitutional and void as to debts contracted before its passage. Edwards v. Kearzy, 391.
State may impose special assessments on districts for levee purposes, etc. Boro v. Phillips Co., 409. CONTEMPT.
Physician refusing to testify as an expert, unless paid for his professional opinion, guilty of, 11; contra, 231. Fraudulent conveyance of husband in anticipation of decree of court for alimony, not a, 498. CONTINUANCE.
[See PLEADING AND PRACTICE.] CONTRACTS.
Contracts for the disposition of money or property by chance or by game of hazard, illegal, 18.
Sale of interest in lottery ticket, after it has drawn a prize, not illegal, 18.
A subscription to a church not a contract, when made at meeting not legally called, 19.
Dependant contracts; when enforced and when not en- forcable. Burton v. Shotwell, 31.
Recovery of money paid on incomplete illegal contract, when allowed, 75.
Illegal increase of stock by corporation; stockholder may recover money paid on the first call, having failed to pay the subsequent calls, 75.
Agreement to dismiss an indictment, though private in its nature, as indictment for nuisance, illegal, 177. Altering terms of written contract without authority; express stipulations and implied promises, 214. To prevent competition in the carrying trade are against public policy, and void, 215.
A provision in a contract between common carriers that, if improvements are made, or new facilities for trans- portation brought into play, the shipper shall be denied the advantage, void as in restraint of trade, 215. Construction of a contract between a railroad and ferry company, 215.
Contracts for the future delivery of cotton not necessa- rily wagering. Kingsbury v. Kirwan, with note by Silas B. Jones, Esq., 228.
Closing out contract for failure to keep margins good, Ibid.
Effect of illness caused by imprudence as an excuse for the non-fulfillment of contract for personal service, 262.
Several contracts; breach, 298.
A agreed with B to nurse him and his family through an attack of disease then prevailing in B's family. Held, the contract meant that A should perform the services till the family should be well, though B or any other member might die in the meantime, 318.
Prevention of completion of contract by failure of party to pay installment, 322.
Defendant, in consideration of $250, acknowledged to have been paid by one B, agreed to receive from B, at any time within six months from the date of the contract, $2,500 in gold coin, and to pay him therefor in current funds, at the rate of $195 in currency for every $100 in coin. The contract declared that B did not contract to deliver in coin, but paid the $250 for the privilege of de- livering it or not, at his option. Held, that the contract was not void on the ground of being a wagering con- tract. Bigelow v. Benedict, 324.
Forbearance good consideration for promise to pay debt of another, 338.
Paving contractoo on obtaining the name of lot owner to secure him the contract with the city, agreeing to the price for which he would do the work, can not re- cover a higher price, 354.
The law of contracts as to dependent and independent agreements examined, and the older cases criticised. King Philip Mills v. Slater, 359.
In contracts for successive deliveries, the vendor can not fail in the earlier deliveries, and still hold the pur- chaser for the later ones, Ibid.
Contract by school trustee to have lightning-rods placed on a school-house, so as to have them on his own house free, void as against public policy, 378. Construction of contract to pay a sum of money "when the house is finished," 459.
If inn-keeper sells goods upon which he has a lien, the lien is broken, and he is guilty of a conversion, for which the owner of the goods may recover the whole of the proceeds of the sale as damages. Mulliner V. Florence, 308.
CORPORATIONS.
[See, also, ULTRA VIRES.]
Authority of trustees of church corporations, 19. Where the name of an individual appears on the stock books of a corporation as a stockholder, the presump- 61, of tion is that he is the owner of the stock, 54. Receipts of dividends conclusive evidence of ownership
When policy holders of mutual life insurance company "corporators," within the meaning of § 5122. ch. 6 title the United States Revised Statutes, 95.
Unless prohibited by statute, an agreement between the incorporators of a company and the directors, by which the former convey to the company property needed for the purpose of its operations, and receive payment therefor in full paid shares of the company, is, in the absence of fraud, binding upon the parties, and such stock is full paid stock. Phelan, Ass. v. Haz- ard, 109.
CORPORATIONS-Continued.
Whether subsequent creditors of the company can im- peach such transaction as respects shares of stock which purport to be full paid shares, when they are in the hands of a subsequent registered transferee for value, and who purchased the same as full paid shares, relying upon the certificates and the records of the corporation that full payment therefor had been re- ceived by the company, quere. Ibid.
The petition of a creditor of a company which had be- come insolvent and dissolved was held not sufficient to open an inquiry into the transaction between the cor- porators and the company as to the value of the prop- erty conveyed to the company in payment of shares, with a view to hold a shareowner for the difference be- tween the agreed value and the actual value of the property conveyed, Ibid.
Loan and building associations subject to laws of state regulating interest on money, 119.
Oregon statute providing that if any corporation shall for six months neglect to carry on its business "its corporate power shall cease;" statute not self-execu- ting, and can not be taken advantage of by a private person, 161.
The words "laborers and servants" in statute making stockholders personally liable for their services, held to include a reporter and city editor of a newspaper, 182.
A statute of Colorado provided that foreign corporations should file a copy of the charter, or other evidence of their incorporation, within thirty days after commenc- ing business in the ter. itory, but contained nothing to indicate that this was a condition on which they might continue in business. But it did provide a penalty against the officers for a failure to flle such evidence: Held, that though the complainant had failed to comply with the statute as to such filing, it was yet capable of taking a mortgage on real estate in the territory, and that no prohibition to continue in business could be implied from these enactments. Northwestern Mut. Life Ins. Co. v. Overholt, 188.
Missouri corporation law; construction of words "shall have perpetual successión," in charter, 215. Individual liability of officers of corporation for divert- ing flow of water, 217.
Construction of Ohio statute regulating foreign life in- surance companies, 255.
An assignee of corporate stock, who has caused it to be transferred to himself on the books of the company, and holds it as collateral security for a debt due from his assignor, is liable for unpaid balances thereon to the company, 361.
Illegal corporation; winding-up order; liability of past member to contribute, 375.
Forfeiture of franchise of, by failure to fulfill design of its creation, 376.
Corporation created to receive deposits for benefit of de- positors to be invested and income divided among them has no shareholders, and profits must be paid to depositors, 476.
Contracts to subscribe to stock subject to the rules as to fraud, 476.
[See PLEADING AND PRACTICE.] COUPONS.
[See MUNICIPAL BONDS.] COVENANTS.
[See DEEDS; LANDLORD AND TENANT; VENDOR AND PURCHASER.]
[See the various special titles.]
CRIMINAL EVIDENCE.
Proof of dying declarations must be confined to the fact of killing, 16.
The examination of accused persons, 22. Flight as evidence of guilt, 59.
Failure of prisoner while in custody to deny statements made in his presence by a co-defendant, does not cre- ate any inference of guilt, 58.
Objections to the examination of accused persons, 81, 338. Proof on subsequent trial of evidence of deceased wit- ness given on former trial, 97.
What is a dangerous weapon, a question of fact and not of law, 99.
What evidence must consist of in order to exclude reasonable doubt, 136.
Convict not a competent witness in a criminal case, 157. Error for state to examine witness, and afterwards read in evidence his deposition taken at a preliminary ex- amination, 174.
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