because, as they claim, the improvement is not by original construction. If their contention be correct, that it is not an improvement by original construction, they are not liable for the cost of it under the charter of the city of Louisville. The construction of the road before the territory through which it runs was annexed did not make it. in the meaning of the charter, an improvement by original construction. It seems to the court that the repairs which the city made on it can not be regarded as a construction of the road in any sense, much less be regarded as an improvement by original construction. Until the street was improved as provided by the resolution of the general council, and for which the property owners are charged, there was no original construction of the street. (McHenry v. Selvage, &c., 99 Ky., 232. ) East of Park Place is Third street, running parallel therewith. On the west is Fourth street, which parallels it only in part. In making the apportionment the general council treated Fourth street as paralleling Park Place the entire distance In making the apportionment the territory to be taxed on the east side of Park Place was defined by a midway line between Park Place and Third street. The territory on the west side was defined by a midway line between Park Palce and Fourth street and Fourth street extended. It results from this that the territory to be taxed on the east side of Park Place is wider than that on the west side of it. The general council deemed it proper to treat the territory in making the apportionment as if it was defined into squares by principal streets. If Fourth street had been actually extended, and the territory defined by principal streets, the law would have taxed the territory in the manner attempted to be done by the general council. It was the duty of the general council to define the territory to be taxed, and we are of the opinion that it did so in an equitable and just way. We think this apportionment is sustained by Dumesnil, &e v. Shanks, &c., 97 Ky., 354, and Cooper v. Nevin, 90 Ky., 88. It appears that about one hundred and forty feet of the distance to be improved near the Confederate monument had been improved by original construction. The city authorities recognized that the property owners along the improvement should not, under the charter, be required to pay for the improvement of that part of the street. The city paid for the construction of that part of it, hence the property owners were not made to pay that cost. We do not think that this was prejudicial to the property owners. The judgment is affirmed. INDEX TO VOLUME 25--PARTI. ACTION TO QUIET TITLEPage. appellant having admitted that appellee had acquired title by adverse possession to one-half the land in controversy, and the proof as to the balance being conflicting, the judgment quieting the title is affirmed. ACTIONS a creditor may maintain an action against one to whom his debtor has fraudulently conveyed his interest as heir at law in his father's estate for the purpose of subjecting it to his debt ...... ADMIRALTY— 1. mortgages and conveyances of coal barges must be recorded in the office of the collector of customs where such vessels are registered to affect others than the parties thereto... 2. the recording of a mortgage and bill of sale on vessels subject to maritime jurisdiction in the office of the proper collector does not affect antecedent creditors of the owner....... ADVERSE POSSESSION ....... 1. the possession of the husband of lands of the wife is not adverse as to her during her lifetime, nor as to her children after her death in the absence of a notorious renunciation of the right under which he held. 745 770 $95 895 836 2. action for trespass-defendant having had actual, adverse possession for more than fifteen years there was no merit in the plaintiff's claim.. 957 AGENTS-See Corporations, 5; Mortgages, 3 1. conveyance of property by husband set aside as a fraud on wife's right to alimony 2. insufficient petition by wife to claim alimony. APPEALS-See Commissioners, 3; Evidence, 3; Jurisdiction 300 303 1. affidavit of appellee can not be considered on petition for rehearing. 170 2. appeal lies to circuit court from order of county court refusing to grant license to sell liquor. 204 3. trial on appeal properly had on bill of exceptions and not de novo. 204 4. remonstrance on first application properly considered on second application. 204 5. Court of Appeals can not inquire into refusal of lower court to grant a new trial 281 6. after bill of exceptions stricken from record, adjudged that pleadings sufficient to support the judgment 312 7. Court of Appeals has no jurisdiction of appeal from judgment imposing fine of only $50 for obstructing public road 314 8. record of former appeal improperly filed with record of pending appeal should be stricken out by motion.. 427 9. unless motion made objection considered as waived 10. an appeal to a circuit court from an order of the county court granting a distiller's license to sell liquor must be taken on a bill of exceptions... 427 455 11. alleged errors in allowing pleadings and in giving instructions will not be noticed on appeal when there was no objection to the proceedings in the trial court 449 12. this court will not consider errors in a trial first objected to on motion for a new trial 13. this court has no power to consider or reverse a case after the expiration of two years, within which time an appeal might have been taken 473 APPEALS-Continued. Page. ment 16. the failure of the transcript to include the appeal bond prevents 17. where the appellant complained of only one instruction in his mo- 18. the failure of the trial court to give an instruction can not avail 515 536 536 559 559 19. jurisdiction on appeal-the Court of Appeals has jurisdiction of 22. practice in criminal cases--an alleged improper remark of the 653 678 713 716 24. the action of the trial court in granting a new trial will not be 755 25. bill of exceptions - the stenographer's transcript of the testimony 804 26. alleged error of the trial court not made a ground for new trial 849 27. jurisdiction-the amount in controversy in certain case exceeded $200.. 28. ruling of trial court on motion for new trial not subject to excep- 889 9-1 29. the Court of Appeals can not reverse the judgment in a criminal 995 1010 33. the transcript in a criminal case must be filed in the clerk's office 34. the failure to file the transcript in time can not be cured by the 35. an agreement of parties to disregard the requirements of the Code 36. judgment of trial court overruling a stranger's motion to set aside 1022 1023 ...... 1032 APPEALS-Continued. Page. 37. the judgment of the court in a civil action tried before a jury will not be disturbed upon consideration of the evidence unless the verdict is palpably against the weight of the evidence. APPEALS TO CIRCUIT COURT 1. an appeal from the order of a county judge refusing a license to sell liquor is tried on a bill of exceptions and no testimony outside of the bill is admissible. .1033 772 2. where the circuit court reverses the order of the county judge refusing to grant a license the mandate should direct that the license be granted and not that a new trial be allowed .... 772 ARBITRATIONarbitration clause in fire insurance policy-waiver-appraisers ....... 468 ARGUMENT 1. not prejudicial in particular case to limit argument to two hours on a side 2. power to regulate and restrict argument properly within discretion of lower court ASSIGNEEcreditors of assigned estates will not be permitted to criticise the assignee's management as wasteful and injudicious for the purpose of defeating his claim for additional allowance where they permitted his reports made from time to time to be approved without exception or objection ASSIGNMENT FOR BENEFIT OF CREDITORS 1. a creditor of an estate assigned for the benefit of creditors by consenting to a transfer of its assets to a title company expressly released the assignee and his surety from further liability 298 298 . 1110 2. an assignment for the benefit of creditors passes to the assignee property previously conveyed by the assignor in consideration of a pre-existing debt.. 61 571 3. the assignee has the right to recover same where no proceeding 5. the State court has the right to order a sale of assigned property independently of the bankruptcy courts where the assignment was not impeached in a bankruptcy proceeding... ATTACHMENT-See Process, 3 571 571 822 1. unfinished beer has no market value and is not leviable under execution 84 2. value of unfinished beer not considered in fixing amount of property owned by an attachment defendant.. 84 3. value of mortgaged property fixed by chancellor not disturbed 4. in particular case after consideration of liens debtor has no property subject to execution 84 84 5. the creditor has the privilege to collect out of his debtor's estate all of the debt due and not secured that is not covered by the value of the security 6. a creditor will not be compelled to yield any of his collateral to the debtor until the whole of the debt is paid. 84 84 7. ordinary and customary sales of manufactured articles to customers out of the State does not constitute such removal as is a ground for attachment 84 8. levy of general attachment on property exempt from executionliability of officer for damages-it need not be alleged that the attachment has been discharged 9. an attachment will issue against a foreign corporation or a nonresident defendant in an action for the recovery of money for any reason that would justify the issual against a resident defendant, regardless of the basis of the claim 10. where the ground of attachment against a foreign corporation or nonresident defendant is based solely on the nonresidency the action must be on a contract, judgment or award to authorize the attachment 11. a debt due a foreign creditor by a resident debtor may be attached on the ground that the nonresident is about to remove it from the State..... .... 600 931 931 932 ATTORNEY AND CLIENT- Page. 1. confidential relation-attorneys for assignee for benefit of cred- 2 fee of $1,000 ample remuneration for certain services ATTORNEYS- 1. argument of attorney not prejudicial in particular case 572 965. 15 ... 283 283 2. commissioner of insurance not authorized to employ attorney to 1. the endorsement of the magistrate is sufficient proof of the for- 2. the failure of the accused to deliver himself into custody on the 3. a police judge has no authority to endorse bail on a warrant 4. execution of-power of attorney by sureties to sign same-fact that BAILMENT- 1. a liveryman who hires another a horse to drive must furnish one 2. the pledgee of a note pledged as collateral security may maintain 1. the national bankruptcy act does not supersede the State statute 2. a judgment for slander is not discharged by a discharge in bank- 4. a bill of sale of a steamboat and barges made with the intention BANKS-See Corporations, 2, 3. 1. a bank has the right to set-off its indebtedness against a deposit 2. a bank has a lien on deposits to secure its indebtedness 455 455 544 603 511 598- 571 626- 822 895 3. bank bound to protect a surety on a note by applying amount of 4. but if this transaction is set aside as a fraudulent preference right 5. acts of surety in having deposit made estops him from relying on 6. liability of bank for payment of raised checks..... BANKS AND BANKING- 240 1. joint deposit in bank under agreement that it should he withdrawn 561 2. the cashier of a bank is not liable to the bank for overdrafts of de- BAR TO ACTION-- a settlement agreed upon between the husband and wife at the time 778 736 |