51. A bill of exceptions may be taken to include all the evidence, although it does not expressly state that fact, if the entries sufficiently show that all the evidence is included. Gunnison County v. R. H. Rollins & Sons, 58. The extent of the review authorized 689 on appeal to the Supreme Court of the Unit52. An assignment of error raising a Fed- ed States in citizenship cases from the Uniteral question as to the validity of a personal ed States court in the Indian territory, unjudgment against a nonresident of the state, der the act of Congress of July 1, 1898, is who had no personal notice, in an assessment limited to the constitutionality or validity proceeding, is not sufficient to raise a Fed- of the legislation affecting citizenship or the eral question as to the validity of the assessment with respect to the property assessed. Dewey v. Des Moines, 665 allotment of lands in the Indian territory. 1041 Stephens v. Cherokee Nation, 59. On appeal from the supreme court of a territory, if there is no finding of facts or statement of facts in the nature of a special verdict, it must be assumed that the judgment was justified by the evidence. Marshall v. Burtis, 579 63. A judge who appointed a receiver in a foreclosure suit and made an order allowing him a monthly sum for services, and also rendered the final decree of foreclosure and decrees for delivery of possession, is prohibited by the act of Congress of March 3, 1891, chap. 517, § 3, to sit in the circuit court of appeals on an appeal from the decree of another judge concerning the monthly compensation of the receiver after a certain com. promise between him and purchasers on the foreclosure. Moran v. Dillingham, 930 73. The cost of appellate proceedings 1. The right to proceed by attachment should be paid by the appellant on final af- against the property of a nonresident, which 637 3. The right to issue an attachment "at the commencement of the suit, or at any time during its progress," as given by Ariz. Rev. Stat. 1887, tit. 4, chap. 1, 42, is taken away by the provision of the act of March 6, 1891, authorizing attachment at the issuance of summons, or at any time afterward. Id. 4. A statute providing that an assignee for creditors shall pay the debts of those creditors who file releases of their claims against the assignor, and repay to him any surplus, is in substance and effect an insolvent law, which is operative as to property attached in another state only so far as the courts of that state choose to respect it. curity Trust Co. v. Dodd, ATTORNEY GENERAL. ATTORNEYS. See also ACTION OR SUIT, 4. Se 835 1229 cated. A city attorney has no power to bind the city by a contract that a controversy, as to which no litigation is pending, shall abide the result of a pending litigation, under Ky. Rev. Stat. § 2909, making it his duty give opinions, prosecute and defend suits, and at tend to other legal business prescribed by the council. Stone v. Bank of Commerce, AUDITOR. See, EVIDENCE, 1. AVERAGE. Id. 5. A national banking association has no power or authority to purchase with its surplus funds as an investment, and hold as such, shares of stock in another national bank. First National Bank v. Hawkins, 1028 1007 9. The mailing of checks and remittances by a bank to another with which its account is constantly overdrawn, in accordance with a general understanding that the proceeds a delivery to the bank to which they are sent whose property therein is not destroyed or impaired by an act of bankruptcy by the sender before the remittances are actually received. McDonald v. Chemical Nat. Bank, 1106 A deed of general assignment for creditors constitutes in itself an act of bankruptcy which per se authorizes an adjudication of involuntary bankruptcy under § 3 of the act of Congress of 1898 entirely irrespective of such remittances are not to be returned but to be credited on the account, constitutes | which it was made payable merely because 10. The taking possession of a bank by the Comptroller of the Currency does not prevent remittances then in course of transmission by mail to another bank in the regular course of business in pursuance of a general arrangement by which they are to be credited on a constantly overdrawn account, from constituting payments on the account. Id. 4. Notice of the want of authority of the president of a bank to rediscount paper with another bank, or that the indorsement by the bank was merely for accommodation, is not shown by the fact that the indorsements of the bank were made by the president and not by the cashier, and that the indorsement of the president himself was made above that of the bank, where the paper was rediscounted in the usual course of business and was solicited by the cashier. Auten v. United States Nat. Bank, 920 5. An accommodation note is not shown to have been diverted from the use for which it was given by discounting it at a bank at the person who obtained it told the maker that he wanted it for the purpose of a building that he was putting up. Israel v. Gale, 1019 6. A bank which discounts an accommo dation note cannot be said to have given no consideration for it because of a large overdraft of the account of the person from whom it is taken, where the overdraft is substantially covered by other credits and more than the amount of the accommodation note is subsequently paid out on the same account. BLOCKADE. See also EVIDENCE, 20; PRIZE, 4. id. 5. One who takes from a railroad or business corporation in good faith and without actual notice of any inherent defect a negotiable obligation issued by order of the board of directors, signed by the president and secretary in the name and under the seal of the corporation and disclosing upon its face no want of authority, ity, has the right to assume its validity if the corporation could by any action of its officers or stockholders or of both have authorized the execution and is CARRIERS. See also CONSPIRACY, 3-5; CONSTITU 1. A railroad company does not cease to be a carrier and become a warehouseman by sue of the obligation. Louisville, N. A. & C. placing goods upon a wharf, with notice to R. Co. v. Louisville Trust Co. BOUNDARIES. 1081 1. Bounties granted by a government are never pure donations, but are allowed either in consideration of services rendered or to be rendered, objects of public interests to be obtained, production or manufacture to be stimulated, or moral obligations to be recognized. Allen v. Smith, 741 2. The manufacturer of the sugar, as distinguished from the producer of the cane, is entitled to the bounty given by the act of Congress of August 28, 1894, to producers and manufacturers who had complied with the provisions of the bounty law of 1890, which had been repealed. Id. BRIDGES. See EMINENT DOMAIN, 1; TAXES, 4-7. BURDEN OF PROOF. See EVIDENCE, 7-11. CANALS. See also COURTS, 17; WATERS, 9, 10. Water power incidentally created by the erection and maintenance of a dam and canal for the purposes of navigation in Fox river, Wisconsin, which by legislation, both state and Federal, was dedicated to raising a fund to aid the enterprise, is subject to control and appropriation by the United States which owns and operates the public works, and not by the state of Wisconsin, within whose limits the river lies. Green Bay & M. Canal Co. v. ratten Paper Co. CANCELATION. See COURTS, 1; USURY, 2. CAPTURE. See PRIZE. a steamship company, which has not taken actual custody of them, to remove them as soon as possible. Texas & P. R. Co. v. Clayton, 725 4. The voluntary sale of thousand-mile tickets good for a year from the time of their sale does not furnish a criterion for the measurement of legislative power to require the sale of thousand-mile tickets, or a standard by which to measure the reasonableness of legislative action in that matter. Id. 5. An opportunity to purchase a thous and-mile ticket for less than the standard rate is not a "convenience," within the rule that the legislature may make regulations of the business of carriers to provide for the safety, health, and convenience of the public. Id. 6. Reasonableness of a schedule of rates must be determined by the facts as they exist when it is sought to put such rates into operation. Smyth v. Ames, 197 CARS. See TAXES, 1. CERTIFICATES. See COURTS, 12. CHAMBERS. See APPEAL AND ERROR, 5. CHATTEL MORTGAGE. See MORTGAGE. CHECKS. See BANKS, 9; CLAIMS, 5. CIRCUIT COURT. See CLERK. CIRCUIT COURT OF APPEALS. See APPEAL AND ERROR, 18. 364 CITIES. See MUNICIPAL CORPORATIONS. CITIZENS. See CONSTITUTIONAL LAW, 5-8; COURTS, 7-9. |