GENERAL INDEX. V Adams v. Johnson, for such services a sum of money equal to a certain | liability, the transfer is void and he remains liable proportion of the amount which may be recovered. to creditors no less than before. Bachman v. Lawson, 1067 6. An agreement made before the Treaty at Washington, for the collection of a claim afterwards included in the Geneva Award, was not annulled nor rescinded by the Act of 1874 establishing the Court of Commissioners of Alabama claims. Idem. BANKRUPTCY. 1067 SEE ASSIGNMENT FOR BENEFIT OF CREDITORS, 2, CORPORATIONS. 21. PARTIES, 4. 1. A composition with creditors in a bankruptcy case, ratified by order of the district court does not under sec. 17 of the Act of June 22, 1874, discharge a debt growing out of a fiduciary relation. Bayly v. University, 97 2. The action of trustees of a bankrupt appointed under sec. 5103, R. S., including their accounting and distribution, is subject to the revision and final control of the district court whenever that is invoked in aid of the substantial rights of any one interested. Merchants' Bank of Pittsburgh v. Slagle, 204 3. A writ of error from a decree rendered against a bankrupt sued out by his assignee, is a suit within the meaning of the Bankrupt Act and must be brought within two years. Jenkins v. International Bank, 304 4. A debt is "property" within the meaning of the limitation clause of the bankrupt law concerning suits about any property claimed by the assignee. Idem, 304 5. Although an attachment has been sued out against a bankrupt more than four months before he applies for a discharge, and dismissed on giving a bond upon his application under sec. 5106, R. S., a State Court pending the question of his discharge must stay all proceedings therein on a claim provable in bankruptcy, unless unseasonable delay on his part is shown, or the court of bankruptcy gives leave simply to ascertain the amount due. If the court refuses and gives final judgment against him he may bring error even after his discharge, and his assignee may be heard also. Hill v. Harding, 493 6. A creditor dealing with a debtor whom he may suspect to be in failing circumstances, but of which he has no sufficient evidence, may receive payment or security without violating the bankrupt law, although he is unwilling to trust him further and is anxious about his claim and has a strong desire to secure it, yet if such belief as the Act requires is wanting, obtaining additional security or receiving payment, is not prohibited by law. Stucky v. Masonic Savings Bank, 640 7. It is not a case of voluntary bankruptcy where one is forced into it against his will by his partner; it is compulsory and involuntary if he refuses to Join in such case. Medsker v. Bonebrake, 654 8. Under the Bankrupt Act of 1867, an assignment for the benefit of creditors without preferences under a state statute is an act of bankruptcy for which the assignor could be adjudged a bankrupt and the property taken for administration in the bankruptcy court. Boese v. King, 760 9. The omission to give notice to an assignee in bankruptcy of an appeal from a decree in his favor, is fatal to the appeal in proceedings under sec. 5081, R. S., for the re-examination of a claim filed against a bankrupt's estate. Ex Parte Mead. 914 10. Under the Bankrupt Act of 1867, the District Court, in bankruptcy, has jurisdiction to order the seizure and detention of goods of the bankrupt, although in possession of another claiming title, and the officer may justify the seizure by proof that the property was, at the time, the bankrupt's. Feibelman v. Packard, 634 1. Where the holder of shares of stock in a national bank, having good ground to apprehend the failure of the bank, transfers the stock by collusion to an irresponsible person in order to escape 386 2. Section 3466 R. S. giving priority to debts due to the United States does not apply to demands against a national bank; the Act authorizing the in itself, neither limited nor enlarged by other stat537 formation of National Banks is a complete system utory provisions with respect to the settlement of demands against insolvents. Cook Co. Nat. Bank v. U. S., 3. This view of the banking law is not affected by the subsequent enactment of 1867 of the Bankrupt Act giving priority to the demands of the United States against the estates of bankrupts. Idem, 537 4. The United States has no right to claim the 5. Section 5201 R. S. imposes no penalty on either BILL OF REVIEW. 4. Where a decree states that the case was heard on the pleadings, etc., and fully argued by counsel, and that the court had deliberated thereon, while a bill of exceptions forming part of the decree shows that there was no hearing by the court and that counsel for the successful party prepared and enEnsminger v. Powers, tered the decree, it must, on a bill of review, he held for naught and as if it did not exist. 732 5. While an appeal subsequently abandoned is pending here, although there is no supersedeas, tho cree consequently that period is not counted in lim732 circuit court has no jurisdiction to vacate the deiting the time for filing a bill of review. Idem, BILLS, NOTES AND CHECKS. SEE CRIMINAL LAW, 9. EXECUTORS AND ADMINISTRATORS, 4. JURISDICTION, 21-23. 1. The law of the place on which a foreign bill of exchange is drawn governs all matters concerning the time and manner of presentment and protest. Pierce v. Indseth, 254 2. Upon a negotiable promissory note, made by an agent in his own name, and not disclosing on its face the name of the principal, no action lies against the principal. Cragin v. Lovell, 903 3. Notes of an agent secured by mortgage do not bind the principal, though given for the purchase money of the mortgaged lands bought for the prinlands the principal recovered in a suit in which he alleged his liability and readiness to pay for the cipal and title taken in the agent's own name, which Idem, same. BONA FIDE PURCHASERS. BONDS, 14-16, 19-21, 25, 28, 35, 39, 40. 903 1. A polygamous wife occupying premises with 1101 her so-called husband, the apparent owner, does not have such possession of the property as to give 69 21. Under the Illinois Constitution of 1848, the Quincy v. Cooke, 549 22. On an appeal from a decree for the foreclosure 609 Kountze v. Omaha Hotel Co, Idem, 609 669 24. The power to borrow money contained in the GENERAL INDEX. charter of a city does not authorize the issue of its 669 669 26. Power to subscribe to the stock of the comdoes not authorize a donation by way of a bopany nus to the company to aid in the improvement. Idem, 669 27. Where bonds of a township in Missouri were issued, under a state Act authorizing their issue in aid of any railroad promising to build its road "into, through or near such township"to aid a railroad proposed to be built from a point nine miles distant from the township to a further distance, which bonds recited that they were issued by authority of such Act, and the township voted in favor of issuing them and paid interest on them for three years; held, that the courts should acquiesce in the decision of the township voters and authorities that the proposed road was "near" the township, and hold the bonds valid as issued by legislative authority. Kirkbride v. Lafayette Co., 705 28. Unless power has been given by the Legislature, to a municipal corporation, to grant pecuniary aid to railroad corporations, all bonds of a municipality, issued for such purpose and bearing evidence of the purpose on their face, are void even in the hands of bona fide holders, whether the people voted the aid or not. 728 Lewis v. City of Shreveport, 29. Corporate ratification, without authority from the Legislature,cannot make a municipal bond valid which was void, when issued, for want of legislative power to make it. Idem, 728 30. A railroad constructed from the junction of the main line of one railroad with another railroad, but extending in a different direction, is a branch road, within the meaning of a statute, authorizing the issue of bonds by a county through which it passes, for the construction of a branch. Howard Co. v. Boonville Cent. Nat. Bank, 738 entitled to payment out of the general funds of the 914 38. Where township bonds are signed by commissioners duly authorized, but the seals are omitted by mistake, and the town sets up the want of seals in defense of an action at law afterwards brought against it by one who has purchased such bonds for value, in good faith and without observing the omission, to recover interest on the bonds, a court of equity, at his suit, will decree that the bonds be sued, and will restrain the setting up of the want of 956 held as valid, as if actually sealed before being isseals in the action at law. Bernards Township v. Stebbins, 39. A bona fide holder for value is not bound to go 40. A decision by the officers whose duty it is, un- BRIDGES. 1093 1. Congress may declare that, upon a certain fact 2. A bridge constructed over a navigable river in CAPTURE. SEE ADMIRALTY, 1–6. 971 1. In the absence of a special contract, a railroad company receiving goods for transportation beyond its own line, is liable only to the extent of its own route and for the safe storage and delivery to the next carrier. Myrick v. Mich. Cent. R. R. Co., 325 2. An agreement of a carrier to be liable for trans31. An intention to treat the sum named in a bond as a penalty to secure the performance of the condition, and to be discharged on payment of dam-portation over connecting lines will not be inferred ages arising from non-performance, cannot be in- from doubtful expressions or loose language, but ferred as a rule of law, or a conclusive presumption only from clear and satisfactory evidence. from the mere form of the obligation. Clark v. Barnard, 780 32. Where a statute requires a railroad corporation to give a bond in a certain sum conditioned that such corporation will complete its road within a fixed time, if the condition is not fulfilled, the corporation must pay to the State, absolutely and for its own use, the sum named in the bond. Idem, 780 33. The drafts drawn by levee inspectors on the levee treasurer of the County of Phillips, Arkansas, 325 under the authority of the Act of February 16, 1859, and the renewal bonds or scrip issued under the Act of January 15, 1861,do not constitute an indebtedness 5. There is no common law responsibility devolvof the county for which bonds of the county may be demanded under the Act of April 29, 1873," To authorize certain counties to fund their outstanding upon any carrier to transport goods over other ing indebtedness," or a money judgment or decree than its own lines. recovered against the county. 354 354 11. It was not error for the state court to overrule Idem, 354 12. A grand jury selected and formed upon the Idem, 354 quences alters the situation of a party to his disad- 506 14. Where, at the time the offense was committed, Idem, 506 15. Inspection laws, under clause 2, sec. 10, art. 1, Turner v. Maryland, 370 16. Regulations as to form and size of packages, Idem, 370 370 18. The provisions of the Maryland Statute that it 370 20, Quere: whether it is not exclusively the prov- 383 People v. Comp. Gen. Transatlantique, 383 23. Inspection is something which can be accom- 383 24. A state statute laying a tax on each alien pas- 383 25. An inspection law under the Constitution can 26. The power of Congress to require vessels to be Wiggins Ferry Co. v. East St. Louis, 27. Under the Constitution of New Jersey which |