INDEX.

ACCOUNT BOOK-

When, on a trial for perjury, it became material to prove the contents of a
book of accounts, which the accused had admitted to be correct and
true, it was proper for the book to go to the jury, as the best evidence
of the extent and nature of the admission. Halleck v. The State, 400.
ACKNOWLEDGMENT OF DEEDS-
Where a deed for land in Trumbull county, Ohio, was made in Connecticut,
and there acknowledged before Camden Cleveland, "one of the justices
of the court of common pleas of the county of Trumbull, in the
Northwestern territory," such acknowledgment is sufficient. Kins-
man v. Loomis and Wood, 475.

ACTION-

1. The value of goods sold by a commission merchant, contrary to the in-
structions of his principal, may be recovered in assumpsit, for goods
sold and delivered. Woodward v. Suydam and Blydenburg, 360.

2. Trover will lie to recover the landlord's share of a crop seized, and sold
on execution against the cropper. Case v. Hart and Humphrey, 364.
3. Assumpsit against the county commissioners may be maintained by the
clerk of the court, for the price paid by him for a press, which they
were bound to furnish. Comm'rs of Trumbull County v. Hutchins,

1. There can be no appeal to the Supreme Court from a judgment of the
court of common pleas, on a petition, under the statute for partition.
Hoy v. Hites, 254.

2. A defective appeal bond, if it contain the substance of a bond, will sus-
tain an appeal so far as to justify an order to file a new bond. Saterlee
v. Stevens, 420.

(445)

APPORTIONMENT-

Apportionment-Assumpsit.

1. There can be no apportionment amongst joint wrong-doers. Talmadge
v. The Zanesville and Maysville Road Company, 192.

2. Where a stage passenger has recovered damages from the coach owners,
for an injury sustained in the upsetting of a coach, they can not re-
cover over against the road company, on account of the road being out
of repair, which may have contributed to the accident. Ib. 192.

3. Apportionment amongst purchasers of lands subject to judgment liens.
The Commercial Bank v. Western Reserve Bank, 442.

APPRAISEMENT-

See MORTGAGE, 8.
ASSIGNMENT-

1. The act of February 23, 1835, relating to fraudulent assignments in trust,
does not apply to an absolute transfer of property. Wilcox and
Welch v. Kellogg et al. 394.

2. Notes given by one member of a firm to his partners, on its dissolution,
become their individual property, and in the possession of their assignee
can not be subjected to the payment of the creditors of the firm. Bel-
knap v. Cram and others, 411.

3. Where a patent for land recites assignments by persons competent to
convey, there is no presumptive notice of latent defects to one who de-
rives title under such patent. Bell and wife v. Duncan et al. 192.

4. It is otherwise, where the patent recites assignments by persons not
competent to convey title. Ib.

ASSOCIATE JUDGE-

1. Under the act of February 14, 1840, the same individual may hold, at
the same time, the offices of associate judge and county treasurer. The
State v. McCollister, 46.

2. Associate judges are limited in their jurisdiction only by the county
lines. Le Grange v. Ward et al. 260.

3. Whether they may take probate of a will at any place within the county,
other than the county seat, quære. Ib.

4. The acknowledgment of a deed for land in Ohio, before an associate
judge of the common pleas, taken in the State of Connecticut, is suffi-
cient. Kinsman v. Loomis and Wood, 475.

5. The legislature may change the boundaries of a county; and when such
change places an associa te judge within the limits of another county,
who does not, within a reasonable time, remove into the limits of the
county for which he was appointed, he forfeits his office. Ohio v.
Choate, 511.

6. A person who attempts to exercise the office of an associate judge in a
county wherein he does not reside, is guilty of intrusion and usurpa-
tion. Ib.

ASSUMPSIT-

An action of assumpsit may be maintained on a subscription for the con-
struction of a road, and the subscription paper may be given in evi-
dence, under the common count, for work and labor. Sperry v. John-
son, 452.

Attorney-Bail.

ATTORNEY-

1. The creditor in an execution may claim the benefit of a purchase made
by his attorney, especially if the whole debt is not paid. Wade v.
Pettibone, 57.

2. But he must assert his right in a reasonable time. Ib.

3. As between the creditor's attorney and the judgment debtor, or, as be-
tween him and third persons, a purchase, by the attorney, at sale upon
execution, is without objection, but it is otherwise, as between him and
his client. Ib.

4. Although such purchase be made by the attorney in entire good faith,
his clients may step in and claim the benefit of it unless made with
their assent. Ib.

5. But they may lose this right by unreasonable delay or neglect. Ib.
6. A stipulation, in a warrant of attorney, to pay collection fees, in addi-
tion to the principal debt and interest, is against public policy, and
void. Shelton et al. v. Gill et al. 417.

7. The court of common pleas, and the Supreme Court, nave power to sus-
pend an attorney from practicing in their courts, for official delin-
quency, or base immorality. Ohio v. Chapman, 430.

8. Conviction of crime would be good cause for suspension. Ib.

9. A record in an action of slander, by an attorney, showing that a plea of
justification, charging him with commission of a crime, was found to
be true, is not equivalent to a conviction for that offense. Ib.

10. In proceedings against an attorney, the evidence must be confined to,
and establish the specification. Ib.

AUCTION-

See VENDORS AND PURCHASERS, 1, 2.

AUCTIONEER-

In sales at auction, the auctioneer is the agent of both parties; and a mem-
orandum of sale, signed by him, will take the case out of the statute of
frauds. Pugh and Shultz v. Chesseldine, 109.

See VENDORS AND PURCHASERS.

AUDITOR OF COUNTY-

The county auditor's final certificate to a purchaser of school lands can
not be used as evidence to charge the county treasurer, nor can certi-
fied copies of accounts made out by the auditor of state, from such cer-
tificates, be received as competent evidence. The State v. Wells,
Adm'r, etc. 261.

AUDITOR OF STATE-

Certified copies of files of the auditor of state are evidence only where tho
originals would be competent. The State v. Wells, Adm'r, etc., 261.

BAIL-

The act of March 19, 1838, abolishing imprisonment for debt, operates to
discharge a recognizance of bail, entered into before the act took
effect. Tousey v. Avery, 90.

Banks and Banking-Bills of Exchange and Promissory Notes.

BANKS AND BANKING-

1. The right to exercise banking powers is not a natural right belonging to
corporations. The State v. The Granville Alexandrian Society, 12.

2. The act restraining banking, passed February 8, 1815, 2 Chase's Stat. 868,
restricted all banking powers not expressly granted. Ib. 15.

3. Under the act of January, 1815, "to prohibit the issuing and circulating
of unauthorized bank paper," it is sufficient to charge in the indict-
ment, in general terms, that the defendant acted as an officer of a bank,
not incorporated by law. Lougee v. The State, 68; Bonsal v. The
State, 72.

4. Individual notes, intended to pass as currency or money, are not compe-
tent evidence against the person issuing them, on an indictment for act-
ing as an fficer of a bank, without proving that there was a company,
or association of individuals, formed for the purpose of putting in cir-
culation such notes. Steedman v. The State, 83.

5. When the profits of a bank are applied in payment of stock, the profits
so applied are subject to the tax imposed by the act of March 12, 1831,
on dividends. The State v. The Farmers' Bank of Canton, 94.
6. The Washington Social Library Company has no authority, either by
charter or prescription, to exercise the franchise of banking. The
State v. The Washington Social Library Company, 96.

7. A plea that the defendants have, for twenty years, exercised the fran-
chise of banking, which they are accused of usurping, is valid under
the statute. The State v. The Miami Exporting Company, 126.

8. In a suit, under the act of 1839, against an officer of a bank, for refusing
to indorse its bills on presentment, it is necessary to aver, in the declara-
tion, a general suspension, by the bank, of specie payments. Rockwell
v. The State, 130. Debt is the proper remedy for the penalties imposed
by this act. Ib.

9 On an indictment, laying a particular day when the accused acted as an
officer of an unauthorized bank, it is competent for the prosecution to
prove the act, after the day laid. Brown v. The State, 276.

10. When such association exists in this state, it is not necessary for the
prosecution to prove that the bank or association is not incorporated;
its incorporation will be presumed. Ib.

11. The Commercial Bank of Cincinnati has no right under its charter, to
take "upon banking principles and usages," more interest than six per
cent. per annum in advance, upon its loans and discounts. John Creed
v. The Commercial Bank of Cincinnati, 489.

12. If more be taken, the note or bill on which it is taken, is void. Ib.
BANK BILLS-

Bartering and selling counterfeit bank-bills. Vanvalkenburg v. The
State, 404.

BILLS OF EXCHANGE AND PROMISSORY NOTES-

1. The assignee of a note, not negotiable, may sue the maker, in chancery,
to enforce payment. The assignment of a note, not negotiable, does

Bills of Exchange and Promissory Notes.

BILLS OF EXCHANGE AND PROMISSORY NOTES-Continued.

not transfer the legal, but only the equitable interest. Townsend v. P.
& G. Carpenter, 21.

2. At law, the suit must be in the name of the assignor; and it is not even
necessary to notice the name of the assignee on the record, as that it is
for his use. Ib.

8. The indorsers of an accommodation bill are not joint sureties, but are
liable to each other, in the order of their becoming parties. Williams
v. Bosson & Bros., 62.

4. The holder of a bill is entitled to maintain suit upon it, unless some cir-
cumstances exist to render his title suspicious. Ib.

5. The right of the indorsee to hold all earlier parties responsible, is un-
doubted. Ib.

6. The indorsement of a note, not negotiable, is not an original undertaking
between the indorser and indorsee; but it is collateral, and payment
must be demanded, and notice given to the indorser, as upon negotiable
paper. Parker v. Riddle, 102.

7. The indorsement of such a note, by a person not a party to it, is a guar-
anty. Ib.

8. Upon such guaranty, demand of payment must be made, when the note
becomes due, and notice given to the indorser before suit. Ib.

9. Where statutory damages are claimed upon a protested bill, it is for the
jury to find those damages, and not for the court to assess them and add
them to the verdict. Crawford v. Wolcott, 145.

10. Where a negotiable note has, before it fell due, been transferred, in con-
sideration of a pre-existing debt, the maker can not, as against the per-
son receiving it, without notice, take advantage of any equities between
himself and the payee. Carlisle v. Wishart, 172.

11. A pre-existing debt is a good consideration for the transfer of a nego-
tiable note, and a bona fide indorsee, without notice, takes the note
discharged of prior equities. Ib.

12. The rule, in simple contracts appears to be settled, that, to give a note or
other security of no higher nature, for a prior engagement, is no dis-
charge of the original agreement, unless the latter be paid or per-
formed, or, unless it was the understanding of the parties that the latter
should extinguish the former. McNaughten v. Partridge et al. 232.
13. But when a bond or sealed instrument is taken for a simple contract debt,
the simple contract is merged, lost, and discharged, by the bond. Ib.
14. The presumption is, that such was intended by the parties, where a se-
curity of a higher nature is received. Ib.

15. And that, whether it be the bond of the debtor, or of a third person. Ib.
16. In a suit against principal and surety, a plea by the surety, that the time

was extended without his consent, is bad, not being an answer to the
whole action. Slipher v. Fisher et al. 199.

17. Notes, given by one member of a firm to his partners, on its dissolution
become their individual property, and, in the hands of their assignee,
VOL. XI-29