: (e) effect of pardon of prior offense; (f) ef- Custom. See CARRIERS. Debt. See IMPRISONMENT FOR DEBT. Execution; imprisonment on, see IMPRISON- Ex post facto laws; as to nabitual crimi- nals Fines; imprisonment for, as imprisonment 509 788 369 rights; (IV.) as to community property; (V.) as to property and rights of husband 223 Divorce when husband or wife becomes in- Illegitimate children. See INCOMPETENT 224 Imprisonment for debt; constitutionality 581 399 Incompetent person. See also HUSBAND 642 651 Former jeopardy; as to habitual criminals 400 AND WIFE. Renewal of obligations by Using lunatic's property to carry out his - 449 161 110 665 634 274 297 bound to have premises safe; implied cov- Law of the case. See APPEAL. Mines; effect of assignment of oil or gas 4. The unconstitutionality of a 466 1. A consolidation of several actions 49 1. Alimony, counsel fees, and suit money 2. Proof in an appellate court to obtain an Id. Bill of exceptions. 110 6. A certificate to the bill of exceptions Id. dence cannot be regarded as a bill of exceptions 767 8. A finding of fact by a jury on con- 9. A general finding of fact in a case tried 742 not ground for reversal. (Neb.) Debney v. State ney of record of the execution creditor, such 851 attorney has no authority as such to authorize 15. An instruction which was not influen- the clerk of the circuit court in his official catial because no finding was made on the point pacity to accept money on a judgment. Heninvolved therein by the jury, which rendered dry v. Benlisa (Fla.) a special verdict, is not ground for reversal. Louisville, N. A. & C. R. Co. v. Lynch (Ind.) 293 case; Appeal; conclusiveness of prior decisions on subsequent appeals:-(a) Generally; (b) where the prior decision is erroneous; (e) as applied to matters after remanding a (d) as to evidence; (e) as to party; (f) as to matters necessarily involved; (g) as to the matters of estoppel; (h) as to matters of jurisdiction; (2) as to defective appeals; (j) as to crossappeals; (k) where prior decision is not final; () as to matters of pleading; (m) as to injunctions and interlocutory orders; (n) as to questions which might have been made on prior appeal; (0) as to excessive verdicts; (p) change of court; (9) as to effect of dicta; (r) where the questions are different; (8) as to ambiguous decisions; (t) as to limited decisions; (u) as to decisions by a divided court; (c) statute and Constitution changing the rule; (a) rule in intermediate courts. 321 ARMY AND NAVY. See CIVIL SERVICE. ASSIGNMENT. See ACTION OR SUIT, 2; INSURANCE, 6, 7. ATTACHMENT. See also STATUTES, 17. The making of a false written statement as to financial ability, for the purpose of obtaining credit, does not make one liable to an attachment in favor of a creditor who had no knowledge of such statement until after the credit was given, under N. Y. Laws 1894, chap. 736, 1. authorizing the granting of an attachment where defendant for the purpose of procuring credit makes a false statement in writing as to his financial responsibilities. Penoyar v. Kelsey (N. Y.) NOTES AND BRIEFS. Attachment; for false representations. ATTORNEYS. 283 BAGGAGE TRANSFER COMPANY. See CARRIERS, 7, NOTES AND BRIEFS. 4. Fraud in receiving a deposit of checks or drafts after bank officials know that it is in solvent will not give the depositor a preferential claim against assets in the hands of the receiver of the bank, if the bank before its failure had received the proceeds of such paper or credit therefor from a correspondent, although the bank had on hand when it failed and always after the deposits were made more than the amount thereof in cash. Id. 5. Crediting checks and drafts to a bank which has failed, although done by a correspondent which does not yet know of the failure, cannot prejudice the rights of persons who deposited such paper in the insolvent bank to recover back their paper or its proceeds, when the deposit was received after the officers of the bank knew it to be insolvent. Id. 6. A credit for a draft given by one bank to another on the same day that the latter failed will not be presumed, in the absence of proof, to have been given after the failure in order to entitle one who deposited the draft in the insolvent bank after its officers knew it was insolvent to reclaim the proceeds of the draft out of the assets in preference to other creditors who seek to have them distributed pro rata. Klepper v. Cox (Tenn.) 536 NOTES AND BRIEFS. 248 Banks; trust in deposit in insolvent bank:Receiving deposit when insolvent a fraud; how 248 far trust exists; right to follow money; right to follow commercial paper. 532 Although money made on execution BARBERS. See CONSTITUTIONAL LAW, can by the Florida statute be paid to an attor 11. |