ABATEMENT-
See Mortgages, 1, 2.
See Criminal Law, 15, 16, 39, 42.
1. Jurisdiction to Appoint.-An administrator of a person who died
a resident of another State may be appointed by the county
court of any county in this State in which debts are owing the
decedent. Turner's Admx. v. L. & N. R. R. Co.
AFORETHOUGHT—
See Criminal Law, 6.
ADVERSE POSSESSION-
See Vendor and Vendee, 3, 4, 5.
ADVERSE USE OF R. R. RIGHT OF WAY-
AIDERS AND ABETTORS—
See Criminal Law, 13.
ALIMONY-
See Bankruptcy, 1.
ANCIENT DOCUMENTS.
See Deeds, 3.
1. Rejected Pleading Not Part of Record.-The action of the trial
court in refusing to permit a pleading to be filed can not be
reviewed, unless the pleading is made a part of the record by
orders of the court, or bill of exceptions. Manire v. Hubbard,
&c ....
....311
2. Final Order.-An order dismissing an action without prejudice is
a final order from which an appeal lies. Wood v. Downing's
Admr.
...656
Appeals to Circuit Courts-Attachments.
APPEALS TO CIRCUIT COURTS-
See Eminent Domain, 1, 2; Bills of Exceptions, 1.
APPEALS TO COURT OF APPEALS-
See Eminent Domain, 4; Drains, &c., 1; Bills of Exceptions, 2,
3; New Trials, 5.
ARBITRATION AND AWARD—
See Eminent Domain, 2; Insurance, Fire, 1.
ASSIGNMENT FOR CREDITORS—
See Building and Loan Association, 1, 2..
1. Attachment of Assigned Property by Assignee.-As a parol as-
signment for the benefit of creditors is valid, a creditor who has
taken possession of the debtor's property under a parol agree-
ment to sell it and distribute the proceeds among creditors, is
an assignee for the benefit of creditors, and can not, therefore,
have an attachment for his debt levied upon the assigned pro-
perty, though he may sue to recover a personal judgment for
his debt. Muir v. Samuels, &c.
.......605
2. Fraudulent Intent-Repeal of Statute.-Kentucky Statutes, sec-
tion 1906, part of Act of December 20, 1892, relating to fraudu-
lent conveyances to the extent it provides that every assignment
made with intent to hinder, delay, or defraud creditors shall be
void, was repealed by Kentucky Statutes, section 75, part of
Act of March 16, 1894, relating to voluntary assignments, which
provides that the intent of the assignor in making the assign-
ment shall not invalidate the deed "unless he be solvent, and it
appear that the assignment was made to hinder or delay credit-
ors," and, therefore, a deed of assignment made since that
statute became operative is valid, if the assignor was insolvent,
whatever may have been his intent. Maskovitz v. Simon, &c. .841
3. Exemptions.-The assignor was not entitled to exemptions out of
the assigned stock of goods where he had never accounted for
goods concealed just before the assignment, which were of
greater value than any exemptions that might be due him, espe-
cially as he had the ordinary household goods exempted by law.
Idem.
..841
1. Property in Possession of Pledgee-Constructive Possession-De-
livery of Bill of Lading.-Property in possession of a pledgee can
not be levied on under attachment for the pledgor's debts, and,
therefore, where a bank discounted a draft for the price of goods
to which a bill of lading for the goods was attached, the goods,
upon the refusal of the consignee to receive them, could not be
levied on under attachments in favor of the consignor's credit-
Attachments-Bills of Exception.
ors, being in the constructive possession of the bank, as pledgee,
and, so, such attaching creditors can not require the bank to
look to other property upon which it has a lien for the payment
of its debt.-Sabel v. Planters' Nat. Bank of Richmond, Va...299
2. Levy on Land Involved in Partition Suit.-An attachment may be
levied upon defendant's interest in land for the partition of
which a suit is pending. Price v. Taylor, &c....... .....589
3. Trust Estate.-Defendant's interest in a trust estate created by
deed, first to pay debts of grantor, and then for partition is
subject to attachment. Idem.
......589
4. Sufficiency of Description in Levy.-An attachment levy describ-
ing the property levied on as the interest of defendant in the
estate of T, deceased, conveyed in trust to L by deed of certain
date naming the county and deed book in which the deed is re-
corded, is sufficient to create a lien; less particularity of descrip-
tion being required in the levy of an attachment than in the
levy of an execution. Idem.
ATTORNEY AND CLIENT-
See New Trial, 1.
1. Contingent Fee.-Where M against whom judgment had been ren-
dered for the recovery of land, employed attorneys to regain
the land for him, agreeing to pay them $200 for their services,
but stipulating that they were to receive nothing, unless they
regained the land for him, and placed in their hands a refunding
bond by which C was obligated to him for the loss of the land,
the attorneys having procured C to purchase the land and con-
vey it to M, in discharge of his obligation, the contingency has
happened upon which the attorneys were to be entitled to the
stipulated fee. McIntosh v. Bach
......701
2. Lien for Fee.-As the attorneys, after the refunding bond was
placed in their hands, had a lien thereon for their fee, and their
client accepted the land in discharge of that obligation, they
are entitled to a lien on the land for their fee. Idem.
1. Bar to Enforcement of Judgment for Alimony.-A discharge in
bankruptcy is a bar to the enforcement of a judgment for ali-
mony previously rendered against the husband. Fite v. Fite.197
BETTING ON ELECTIONS--
See Criminal Law, 52, 53, 54.
1. Proceeding in County Courts.-As an appeal from the county to
the circuit court in a proceeding by the fiscal court of the
Bills of Exception-Building and Loan Associations.
BILLS OF EXCEPTIONS-Continued.
county to condemn a turnpike must be tried de novo in the circuit
court, no bill of exceptions is necessary, and, therefore, the
county judge properly refused to sign such a bill; a party having
no right to a bill of exceptions, except for the purpose of an
appeal. Winchester, &c., Turnpike Co. v. Evans, Judge....463
2. Failure of Judge to Sign.-A bill of exceptions not signed by the
judge can not be considered, though the order filing it recites
that it was signed and approved. Louisville Bridge Company
V. Neafus
....571
3. A nunc pro tunc order filing a bill of exceptions, entered in the
lower court after the affirmance of a judgment on appeal, can
not be considered on a petition for rehearing. Idem. .......575
BILLS AND NOTES-
See Sureties, 1; Corporations, 2.
1. Failure to Protest Inland Bill-Notice of Non-payment.-While
the indorser of an inland bill of exchange is entitled to notice
of its non-payment, no protest is required. Murphy v. Citizens'
Savings Bank of Owensboro
....225
2. Renewal by Indorser of Bill from which he had been Released.
-The indorser of an inland bill of exchange executed in renewal
of a previous bill, can not escape liability on the ground that
he had been released from liability on a previous bill by the
failure to give him notice of its non-payment, as he must have
known that fact when he renewed the bill. Idem. ..........225
3. Waiver of Protest.-Protest and notice of protest may be waived,
and this waiver may be express or may be inferred from circum-
stances after a considerable lapse of time. Murphy v. Citizens'
Savings Bank of Owensboro
...930
4. Consideration for Indorsement.-Where a bill of exchange was
renewed, an endorser of the new bill was liable thereon, whether
or not he was liable on the old bill, the time secured to the
principal debtor being a sufficient consideration for his endorse-
ment. Idem
BUILDING AND LOAN ASSOCIATIONS—
1. Assignment for Creditors.-Building and loan associations being
invested by Kentucky Statutes, section 855, with all the powers
and privileges granted to corporations generally, is authorized,
when insolvent, to make an assignment for the benefit of eredit-
ors. Globe Bldg. and Loan Co.'s Assignee v. Woods, &c. .... 4
2. What Constitutes Insolvency.-When there was a panic among
stockholders, and the association could not pay the amounts due
to withdrawing members, nor obtain funds to lend its stockhold-
ers, and, therefore, could not mature its stock, thus frustrating
the objects of the association, it was insolvent as a building and
Building and Loan Associations-Burden of Proof.
BUILDING AND LOAN ASSOCIATIONS-Continued.
loan company, and was, therefore, authorized to make an as-
signment for the benefit of creditors. Idem.
5
3. Transfer of Mortgaged Property.-Where the purchaser of land
mortgaged to a building and loan association by one of its mem-
bers to secure a loan, continued to pay the dues on the member's
stock, it is immaterial so far as affects the state of the lien of
the association, whether or not there was a transfer of the stock,
as neither the mortgage nor the obligation secured thereby, was
varied in any particular by the transfer of the property. Idem...5
4. Credit of Loan of Dues Paid on Stock.-Where an insolvent build-
ing and loan association has made an assignment for the benefit
of creditors, a borrowing member when sued by the assignee, is
not entitled to credit on his loan by the amount of dues paid
on his stock and properly carried to the stock account, except
to the extent that the court administering the assigned estate
has determined that his share of the stock account will not be
needed to pay expenses, losses and costs of administration.
Idem.
.5
5. Assignment for Creditors.-Kentucky Statutes, section 561, part
of chapter entitled "Private Corporations," providing that “any
corporation organized under this chapter may, by the consent,
in writing, of the owners of the majority of its shares of stock,
unless otherwise provided in the articles of incorporation or
amendments thereto, close its business, and wind up its affairs,"
does not apply to assignment for the benefit of creditors. U. S.
Building and Loan Association's Assignee v. Reed .... ...874
6. Right to Have Payments on Stock Subscription Applied as Cred-
its on Loan.-After a building and loan association has made
an assignment for the benefit of creditors, it is too late for a
borrowing stockholder to have payments made by him on his
stock subscription, applied as credits on his loan, though they
would have been sufficient to extinguish the debt if he had sought
to have them applied in that way prior to the assignment.
Idem
....874
See Drains and Ditches, 2; Claimant's Bond, 2; Street Rail-
roads, 8.
1. Identity of Mortgage Note.-Where a mortgagee was made a party
defendant to an action by another lien holder, who alleged in
his petition that the mortgage was fraudulent and was executed
to secure a note for $500, which was without consideration, and
the mortgagee filed an answer alleging that the mortgage was
executed in good faith to secure a note for $500, money bor-
rowed, which by payments was reduced to $319, for which a new
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