(e) effect of pardon of prior offense; (f) ef- Custom. See CARRIERS. Debt. See IMPRISONMENT FOR DEBT. 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- 224 Imprisonment for debt; constitutionality 581 Execution; imprisonment on, see IMPRISON- Ex post facto laws; as to nabitual crimi- nals 399 Fines; imprisonment for, as imprisonment AND WIFE. 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 GENERAL INDEX ΤΟ OPINIONS, NOTES AND BRIEFS. (Separate Index to Notes precedes this.) ACCIDENT INSURANCE. See INSURANCE, 10, 11. ACCOUNT. See LIMITATION OF ACTIONS, 1. ACTION OR SUIT. See also DEATH, 2, NOTES AND BRIEFS. 1. A consolidation of several actions against different defendants cannot be made under Colo. Civ. Code, § 20, which authorizes consolidation of causes of action which might have been joined when they are in the same court and "between the same parties." Smith v. Smith (Colo.) 49 2. The assignee of a policy of a permanent insurance providing that the insurance company shall be "forever" liable to the assured and his assigns may maintain in his own name an action for damages resulting from the company's refusal to enter and allow the assignment of the policy as provided for therein. Marshall v. Franklin F. Ins. Co. (Pa.) ADMIRALTY. 159 ALIMONY. See APPEAL AND ERROR, 1. 2; HUSBAND AND WIFE, 15-17, NOTES AND BRIEFS. AMNESTY. BRIEFS. dence cannot be regarded as a bill of exceptions 7. A longhand manuscript of alleged evion appeal. Pittsburgh, C. C. & St. L. R. Co. v. Redding (Ind.) 767 Review of facts. 8. A finding of fact by a jury on conflicting evidence will not be disturbed on appeal. Hall v. Manson (Iowa) 207 9. A general finding of fact in a case tried by a United States court without the intervention of a jury cannot be reviewed by an appellate court. Rhodes v. United States Nat. Bank (C. C. App. 7th C.) 742 10. Refusal to find facts material to sustain a defense, and which are established by undisputed evidence, is error. 76 Farmers' Loan & T. Co. v. New York & N. R. Co. (N. Y.) 11. The evidence will not be examined on See PARDON, NOTES AND appeal to ascertain whether it was sufficient to support the decision, when it is not all contained in the bill of exceptions. Greene v. Greene (Neb.) APPEAL AND ERROR. 1. Alimony, counsel fees, and suit money may be allowed by an appellate court as essential to justice, and not as an exercise of origi nal jurisdiction, when on appeal in a suit to annul a marriage the wife is destitute while the husband has means wherewith to live and to litigate. Prine v. Prine (Fla.) · 87 2. Proof in an appellate court to obtain an allowance of alimony, counsel fees, and suit money, must be made in addition to the proof taken when a similar application was made to and granted by a lower court. Id. 110 283 not ground for reversal. Debney v. State | ney of record of the execution creditor, such (Neb.) 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 16. Applause at the conclusion of the address by the prosecuting attorney, which was not connived at by the prosecution, and was quickly suppressed and rebuked by the judge, is not ground for reversal where the record fails to show that it prejudiced the defendant, Debney v. State (Neb.) 851 Appeal; conclusiveness of prior deci sions on subsequent appeals:-(a) Generally; (b) where the prior decision is erroneous; (c) as applied to matters after remanding a case; (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; (e) statute and Constitution changing the rule; (a) rule in intermediate courts. 321 ARMY AND NAVY. See CIVIL SERVICE. ASSIGNMENT. See ACTION OR SUIT, 2; 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. Pen oyar v. Kelsey (N. Y.) NOTES AND BRIEFS. Attachment; for false representations. ATTORNEYS. 248 BAGGAGE TRANSFER COMPANY. BANKS, See also BONDS, 1, 2; IMPRISON- ceived by a bank after its officers know of its 532 3. The identical proceeds of a check or draft fraudulently received on deposit by an insolvent bank are sufficiently traced by the cluded in a fund paid over to the receiver of depositor when it appears that they are inthe bank by a correspondent as the proceeds of notice thereof to the correspondent. credits made after the bank failed, but before Id. 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.) NOTES AND BRIEFS. 536 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. 11. 532 Although money made on execution BARBERS. See CONSTITUTIONAL LAW, can by the Florida statute be paid to an attor |