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APPEAL AND ERROR.-Continued.
given and refused will not be considered where no other verdict
could have been rightfully rendered. Armstrong v. Poland..
will be disregarded where it appears from the entire record that
no prejudice resulted. Idem..
is not excessive, and it is evident that jury was not misled by
harmless. Wichita Falls & N. W.. Ry. Co. v. Gant....
instructions which may confuse jury on issues not pleaded.
Indiana Harbor Belt R. Co. v. Britton....
pleadings or evidence held to require a reversal where it tended
LIABILITIES ON BONDS:
ment of Approval. Where a supersedeas bond is filed by the
ARGUMENT—See "Appeal and Error,” 36 ; "Trial.” 10. 11.
from a breach of a contract for the sale of stock in a corporation
ATTACHMENT—See “Fraudulent Conveyances”; “Justices of the
ally on purchaser who bought of defendant before levy and who
ATTORNEY AND CLIENT-See “Appeal and Error," 11. 12; "In-
fants”; “Prosecuting Attorneys."
AUTOMOBILES–See “Highways"; "Principal and Agent"; "Sales."
a federal court in a bankruptcy proceeding has taken property
cess from a state court. Meek v. Eggerman
Jurisdiction. Under Bankr, Act 1898, sec. 2, cl. 3, and sec. 38
Bank of Claremore
is thereby withdrawn from the jurisdiction of all other courts.
in themselves prevent interference with the bankrupt's property
when the petition is filed. Idem...
has exclusive jurisdiction to determine, as against an adverse
cannot interfere. Idem
reasonable notice, summarily determine all controversies between
BANKS AND BANKING:
to a lien upon the stock owned by its active manager for money
V. American Nat. Bank of Ft. Worth, Tex.
to inquire of the bank if it had loaned any money to its active
tied in assuming that the law has not been violated. Idem. ...
a cashier of a bank makes a contract which is beyond his power
BANKS AND BANKING.-Continued.
note, is not bound by statements of cashier to his wife, inducing
& Trust Co....
count of a depositor the checks of a third party, not purporting to
Bank v. Weaver
forfeitures and penalties for charging and taking a greater rate
BAR- See "Judgment,“ 5.
BILLS AND SOTES—See “Banks and Banking"; "Corporations" ;
“Evidence," 11; “Mortgages” ; “Set-Off and Counter-Claim."
ment suffered by payee of note is sufficient consideration, though
vided for by the Negotiable Instruments Law (chapter 19, Rev.
Bank of Iowa City, Iowa, v. Watson...
able Instruments Law does not purport to prescribe a rule dif-
stallments three months apart, which contained a stipulation
authorize direction of verdict for plaintiff as innocent purchaser
of notes in suit. Wells v. Guaranty State Bank
note was given in consideration of an executory agreement of
BILLS AND NOTES.- Continued.
ment and Waive Notice, Etc." Before the adoption of the Uni-
payees. Douglass vs Brown
set off a debt arising upon a contract due him from the payee of
jection to its being pleaded as a set-off. Curlee v. Ruland
rable for failure to allege delivery to plaintiff of a note sued on.
answer alleged that the note sued on was ultra vires, a demurrer
“Mechanics' Liens" ; "Principal and Surety"; "Sunday."
body of bond if it is duly signed and sealed by them. Craig v.
bind obligor, are immaterial; it being for the jury to determine
whether he meant to be bound. Idem
ordinance, requiring brokers to procure license, was primarily
tion, was not error. Campbell v. Thomas
procuring exchange of land, where question of condition of agree-
ment between the principal and brokers was controverted, both in
BURDEN OF PROOF-See "Acknowledgment"; "Attachment”; “Cor-
porations"; "Damages”; “Evidence," 2; "Malicious Prosecution";
“Master and Servant," 4, 5; "Trial,” 7, 11 ; “Use and Occupation."
nance"; "Landlord and Tenant."
In a suit by a grantee in possession of lands under a guardian's
and his consequent inability to restore. Peeler v. Naylor.....
petition to cancel a deed for duress and want of consideration
need not offer to do equity. Harris-Lipsitz Co. v. Oldham....
held to show that the deed was obtained by duress and without
consideration and should be set aside. Idem...
“Master and Servant," 8, 9; “Railroads"; "Telegraphs and Tele-
phones" ; "Trial,” 5, 9.
held to sustain a recovery of compensatory damages, but not of
Ry. Co. v. Wells
bility. On account of the passage of Act Cong. June 29, 1906. c.
trastate shipments. St. Louis & S. F. R. Co. v. Wynn
the common-law liability of the carrier for the safe carriage of