Indebtedness, Insolvency and Intent of Grantor.-The provi-
sion in section 1907, Ky. Stats., that every conveyance by a
debtor of his property without valuable consideration shall be
void as to "all his then existing liabilities," embraces more
than the fixed and certain debts which the debtor had at the
time of the conveyance incurred, and embraces in addition
such existing obligations of the debtor as may thereafter even-
tuate in an indebtedness. Daniels v. Goff.
Insolvency and Indebtedness.-The term "existing liabilities"
as used in the statute embraces conditional or contingent
obligations in existence at the time of the conveyance which
may or not in the future result in indebtedness. Id.
GAS-See Mines and Minerals.
Inter Vivos. To make valid a gift inter vivos there must be
an intention to transfer title to the property as well as a de-
livery by the donor and an acceptance by the donee. Mere in-
tention to give without delivery is unavailing and delivery is
insufficient unless made with an intention to give. Anderson's
Admr. v. Darland
Inter Vivos.-To establish a gift inter vivos there must be a
preponderance of clear, explicit and convincing evidence in
support of every element needed to constitute a valid gift, and
this rule is exceptionally applicable where the gift is not as-
serted until after the donor's death and where a confidential
relationship existed between the parties. Id.
Inter Vivos.-The delivery may be actual, constructive or
symbolical, but the fact the private secretary of the owner of
a large sanitarium carried the keys to a room which donor
continued to use as his bed room, and to a room in which gro-
ceries were kept for use in the sanitarium, and to her own bed
room is of but little probative value, and even when considered
in connection with statements of the owner that he gave or
had given the contents of these rooms to her is insufficient to
prove a delivery that will sustain a gift inter vivos. In......... 624
Question for Jury.-Proof as to gift of the contents of the par-
lor and an automobile held to present a question of fact for de-
cision by a jury. Id.
Gift of Note-Instructions.-On the issue of whether a de-
ceased mother had given to and delivered to her son a certain
note, it was error for the court to preemptorily instruct the
jury to find against the son as to a part of the proceeds of that
note which had been applied to the payment of his debt after
the alleged gift. Rogers v. Rogers' Admr.
GOOD FAITH-See Principal and Agent; Trusts.
GROUNDS-See Attorney and Client.
GUARDIAN AND WARD-See Pleading 4, 5.
1. When Police Judge May Issue Writ.-Where there is no cir-
cuit judge in a county the police judge in a town where a
prisoner is confined may issue a writ of habeas corpus where
the prisoner is not confined under the order of an examining
court which has failed to grant bail, and where an order of
the circuit court has not been made fixing bail, or refusing
bail. Commonwealth on Relation v. Carmackle, Police Judge 171
2. Where Writ Returnable.-Where a writ of habeas corpus is
issued it must be made returnable before the circuit judge if
in the county and qualified to act; if no circuit judge is in
the county qualified and able to act it must be returned before
the county judge if in the county and qualified and able to act.
If both the circuit and county judges are absent it may be
heard by the judge of the police court Id.
When Murder Shown-Instructions.-Where on the trial of
one accused of murder the facts and circumstances estab-
lished by the evidence are so convincing as to preclude any
other theory of the homicide than that of murder, the refusal
by the trial court of instructions on manslaughter and self
defense is not reversible error. Kirk v. Commonwealth....................... 460
HUSBAND AND WIFE-See Wills-
Property Accumulated by Husband in Wife's Name.-Where
it is shown in an action for discovery that the husband, who
has failed in business and is largely indebted and who re-
ceives a good salary and is an active business man, has ac-
cumulated nothing in his own name, but has been conducting
business in the name of his wife, who kept the house but did
not attend to business on the outside and who had no prop-
erty nor income, and accumulated property in her name which
she claims against his creditors, the property so accumulated
by the husband in the name of his wife will be subject to the
claims of creditors of the husband. Carter v. Flegle.............. 193
IMPEACHMENT-See Criminal Law, 18; Witnesses.
New Trial. The only evidence against one accused of incest
was that of his daughter and all of said charges were denied
by defendant. Where the affidavits show that the newly dis-
covered evidence would be explanatory of motives on the part
of the daughter having a tendency to prove a malicious pur-
pose on her part, and contradictory to the testimony of the
prosecutrix, and which reasonable diligence could not have
anticipated or discovered, and where accused was confined in
jail without the opportunity to prepare his case, was unable
to employ counsel, and the chief attorney appointed by the
court to defend him, who had prepared his case, was not pres-
ent at the trial, the circumstances are such that the court
should have sustained the motion for a new trial. Spencer
v. Commonwealth.
INDEBTEDNESS-See Schools and School Districts.
INDEPENDENT CONTRACTOR-See Master and Servant.
INDICTMENT AND INFORMATION-See Criminal Law; Intoxi-
cating Liquors-
Order Filing Description.-An order filing a joint indictment
which states the name of one defendant and follows it with
the abbreviation "etc." sufficiently indicates that more than
one defendant is named in the indictment. Duroff and Duke
v. Commonwealth.
Supplying Defective Order.-An order filing an indictment
may be amplified or supplied if it is defective or insuffi-
cient. Id.
Duplicity. An indictment is not duplicitous which states
but one valid cause but contains averments not necessary to
such a cause and which, when taken alone, do not charge
another crime. Stringer v. Commonwealth..
Exception in Statutes.-If an exception is contained in the
sentence or paragraph of the statute that creates and de-
scribes the offense then it must be negatived in the indict-
ment; but if the exception is not found in the sentence or
paragraph that creates and defines the offense but is contained
in a separate section or in a distinct proviso or paragraph it
is matter of defense for the accused and it is not necessary
that the indictment should charge that he did not come within
the exception. Dials v. Commonwealth.
5. Exceptions and Provisos.-If an exception is contained in the
sentence or paragraph of the statute that creates and de-
INDICTMENT AND INFORMATION-Continued-
scribes the offense, then it must be negatived in the indict-
ment, but if the exception is not found in the sentence or para-
graph that creates and defines the offense, but is contained
in a separate section or in a distinct proviso or paragraph,
it is matter of defense for the accused and it is not neces-
sary that the indictment should charge that he did not come
within the exceptions. Commonwealth v. Meeks..
INFANTS-See Judgment; Judicial Sales; Master and Servant-
Process. A summons for an infant under 14 years of age must
be served upon the father, if living, and having a place of
residence in the state, and not upon the person with whom the
child resides. Humphrey v. Holland
Process. If there be nothing in the record to show that the
father is living and that the process was served on the wrong
person, the presumption will be that the sheriff did his duty
and served the process upon the proper person. Id.
INHERITANCE-See Taxation.
INJUNCTION-See Criminal Law, 8-
Parties. An injunction operates upon the person of one pro-
ceeding to do an unlawful act whether he be active as princi-
pal or agent, and if he be acting as agent only it is not neces-
sary that his principal should be a party. Conner, Sheriff v.
Parsley.
INNOCENT PURCHASER-See Mines and Minerals.
INSOLVENCY-See Fraudulent Conveyances.
INSTRUCTIONS-See Appeal and Error; Criminal Law; Eminent
Domain; Gifts; Homicide; Intoxicating Liquors; Street Rail-
roads; Trespass to Try Title; Trial; Wills.
1. Title of Insured.-The issual of a policy to the insured is prima
facie evidence of title in insured. Home Insurance Co. v.
Chowning.
Title of insured-Directing Verdict.-In an action on a fire in-
surance policy the evidence showing title in insured to the
property, and that the change of tenants was by consent of
the insurer, the trial court properly directed a verdict for
appellee. Id.
INTENT See Corporations; Divorce; Fraudulent Conveyances;
Wills.
INTEREST-See Novation; Wills-
Application of Payments.-Where an obligee accepts payment
from one of two joint obligors of his individual part of a
debt and releases him of further liability there remains un-
satisfied only the individual and isolated obligation of the
other with simple interest, and the obligee is not entitled
to have the payment treated as a partial payment on the joint
obligation for the purpose of compounding interest against
the remaining obligor. Bullard's Admr. v. Waddy's Admrx.......
INTERPRETER-See Criminal Law.
INTERVENOR-See Pleading, 8, 9.
INTOXICATING LIQUORS-See Criminal Law-
Act of 1920-Conviction Under.-As the act of the General
Assembly of 1920, commonly known as the "prohibition stat-
ute," was enacted to conform in all respects to the amend-
ment to the Federal Constitution on the same subject, it must
have been the intention of the legislature to include in its
provisions everything necessary to make the amendment
effective; and it is to be regarded as superseding and repeal-
ing all other pre-existing anti-liquor laws of the state, at least,
in so far as they may be found to conflict with its provis-
ions. Therefore, in order to convict one under the act of a
felony resulting from a second sale of spirituous liquor and a
prior conviction from a former sale, the prior or first, as well
as the second, conviction must have been obtained after the
act of 1920 went into effect. Walker v. Commonwealth............ 257
Act of 1920.-The penalty imposed by the act of 1920, where
the conviction of the felony for which it provides may result,
is much more severe than that of the act of 1916, which
makes the two acts conflict, and the act of 1920 declares
"All laws or parts of laws in conflict with this act are here-
by repealed." Id.
Act of 1920.-By the express terms of the act of 1920 the con-
victions that, with a previous one or ones, will authorize a
verdict finding the defendant guilty of the felonies therein
defined, must be for violations of the provisions of the act. Id. 257
Act of 1920 is Independent Act.-As the act of 1920 does
not by its title purport to amend the act of 1916, or set forth
the whole or any part thereof as it should appear when
amended, it would violate the provisions of section 51, Con-
stitution, to enforce it as an amendment of the act of 1916.
Hence it is to be regarded as an independent act, intended to
supersede or repeal the act of 1916. Id
5. Sale in Dry Territory-Time of Commission of Offense.-Suffi-
ciency of Evidence.—Where, in a prosecution for selling intox-
icating liquor in dry territory, the indictment was returned on
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