ALTERATION IN NOTE-
See Contracts, 8, 9.
APPEARANCE, ENTRY OF-
See Corporations, 5, 6.
See Judgments, 6, 7; Mandamus, 1, 2; Sureties, 1.
1. Motion to Dismiss-Transcript not Filed in Time-Notice.-When
it appears of record that the time has passed within which the
transcript is required to be filed, and no extension of time has
been granted, the appeal will be dismissed on motion without
notice. Sandy River Cannel Coal Co. v. Caudell ..........197
2. Agreement that Case shall await the Decision of other Cases-
Recital of Agreement nullified by Exception.-Upon appeal
from a judgment reciting that the parties agreed to let the
case await the decision of certain other cases pending on ap-
peal, an exception to the judgment must be regarded as nullify-
ing that recital, and, in the absence of a plea setting up the
agreement recited, the appellant is not bound by the decision
in the cases referred to, which was afterwards overruled. Board
of Council of City of Frankfort v. Deposit Bank of Frankfort.766
1 Actions Against.-A State institution for the care of the insane,
which is created a corporate body with power to sue and be
sued, may be sued for damages resulting from its wrongful
diversion of the water of a stream from the lower owner. Bank
of Hopkinsville, &c., v. Western Ky. Asylum
...357
1. Estoppel to Controvert Grounds.-While the admission by the
defendant of the truth of the grounds for an attachment, made
both in his answer and upon the trial of the attachment, would
have been admissible to estop him from contesting an attach-
ment subsequently issued in favor of another creditor on the
same grounds, yet, after the second attachment has been dis-
charged, such admission will not, of itself, defeat an action
on the bond executed for that attachment. Carse v. Baxter's
Trustee
..127
2. Damages on Bond-Prior Levy.-Damages can not be recovered
for the levy of an attachment upon a stock of goods, where a
prior attachment had been levied thereon, and the entire stock
was in the possession of the sheriff under that levy, unless an
effort was made before the second attachment was discharged
to have so much of the stock set apart as was necessary to satis-
fy the first attachment, and to have the residue released; and
even then damages can be recovered upon the second attach-
ment bond only for the injury to that part of the stock which
was retained for the satisfaction of the second attachment.
Idem.
....128
3. Same. It was error to allow plaintiff to recover in an action
on the bond for the second attachment, the entire amount paid
to attorneys to defend both attachment suits. Idem. ......128
4. Validity of Levy.-Description of Real Estate.-Under Civil Code,
section 217, requiring that the sheriff's return on an attach-
ment shall describe real property attached with sufficient cer-
tainty to identify it, a return that the attachment has been
levied on defendant's interest in the estate of T., deceased, con-
veyed in trust to L. by a certain deed, creates no lien on de-
fendant's interest in the land conveyed, even if the return and
deed be construed together, as the deed contains no description
of the land; and an amended petition describing that part of
the land alloted to defendant, after the levy, gives no validity
to the levy. Price v. Taylor, et als.
...558
5 Same. As the levy created no lien, the court could disregard it
at any stage of the proceedings, and so it is immaterial that
there was no objection to its validity until after submission.
Idem.
ATTORNEYS AND ATTORNEYS' FEES-
See Attachments, 3; Damages, 1; Judgments, 6.
1. The word "issue" in section 4841 of the Kentucky Statutes in-
cludes the bastard child of its deceased mother, and such child
will inherit property devised to its mother by her father, al-
Bastards-Bills and Notes.
though its mother may have died prior to the death of the
testator. Cherry v. Mitchell
.1
2. Bastards shall be capable of inheriting and transmitting an
estate on the part of, or to, the mother. This has been the
law since 1787. 1 Morehead & Brown Stats., p. 561. Idem.....1
3. The word "issue" in sections 4841, 1400 and 1401 of the Ken-
tucky Statutes is used in the same sense, and means any issue
that, by statute, may inherit. Idem.
..1
4. The original statute, in place of the word "issue," used the
words "children living at the death of the testator, who would
have taken as heir by descent or as distributee." 3 Statute Law
of Kentucky, p. 400.-In the revision a shorter phrase is used
to express the same idea. Idem.
.1
1. Suspension of Members-Effect as to Death Benefits.-The sus-
pension of a member for non-payment of assessments pursuant
to a by-law of the society, not only deprived him of the social
advantages of the organization, but extinguished the rights of
the beneficiaries under his benefit certificate, though there was
no express provision for a forfeiture of benefits. Supreme
Council Catholic Knights of America v. Geo. Winters' Admr..141
2. Waiver of Forfeiture.-Where the society has been accustomed
to accept from a member without question, payment of past due
assessments, and by its uniform course of dealing with him, has
induced him to believe that his failure to pay assessments, when
due, will not work a forfeiture, it waives the right to claim a
forfeiture on that ground. Idem.
...141
3. Waiver of Notice Custom.-Though it was customary for the
society, in addition to the announcement required by the by-
laws to be made at the regular meeting, thirty days before the
maturity of each assessment, through the mail, yet, if the mem-
ber actually received notice of the assessments, and when
he realized the effect of what he said, voluntarily notified the
lodge, through its secretary, that he would not pay them, or con-
sent that they should be paid or assumed for him by another,
and that he had determined to sever his connection with the
order, there was a waiver of the thirty days' notice through
the mail, as the duty to give that notice rested only upon
custom. Idem.
.141
1. Estoppel to Plead Want of Consideration.-While one who lends
his credit to another in the form of a coupon bond, to be sold
Bills and Notes-Boards of Health.
BILLS AND NOTES-Continued.
to raise funds, is estopped, as against an assignee of the bond,
to set up a failure or want of consideration, the assignee can
not avail himself of the estoppel, unless he pleads it by reply;
a demurrer to the answer not being sufficient. Richie v. Cralle,
&c.,
....483
2. Same. The recital in a mortgage that the mortgagors have bor-
rowed the amount of the mortgage bonds, does not estop them,
even against an assignee of the bonds and mortgage, from
showing that the money was not in fact paid. Idem.
.483
3. Coupon Bonds Executed to Private Corporation.-Coupon bonds
executed to a private corporation for money loaned, and payable
to bearer, are mere promissory notes, within the meaning of
the Kentucky Statutes, section 483, and not being payable at
a bank, or discounted by a bank, as provided by that section, are
not placed upon the footing of bills of exchange so as to cut
off defences. Idem.
...483
4. Instruments on Footing of Bills of Exchange.-Kentucky Statutes,
section 474, providing that "all bonds, bills or notes for
money or property shall be assignable so as to vest the right of
action in the assignee; but except in case of bills of exchange
not to impair the right to any defense, that the defendant might
have used against the original obligee," is not restricted in its
application to such instruments as were not assignable at com-
mon law, so as to vest a right of action in the assignee and
does not, therefore, leave all bonds, bills, or notes which were
negotiable at common law just as they stood before it was en-
acted, in view of the fact that section 483 provides the
only way in which promissory notes may be placed upon the
footing of bills of exchange. Idem.
BILLS OF EXCEPTIONS-
See Criminal Law, 5.
BILLS OF EXCHANGE-
See Bills and Notes, 4; Contracts, 9.
BOARDS OF HEALTH—
See Osteopathy, 1, 2, 3.
1. Police Power.-In the exercise of police power, the Legislature
may create boards of health, and invest them with powers
necessary and proper to prevent the spread of disease, and may
confer upon cities authority to make regulations for the health
of their communities. Hengehold v. City of Covington ....752
2. Validity of Ordinance to Remove Smallpox Patients to Pest-
House. Under the Kentucky Statutes, section 2059, providing
Boards of Health-Cattle Guards.
BOARDS OF HEALTH-Continued.
for the appointment of boards of health in cities of 10,000 or
more inhabitants, and providing that such boards shall have
the same power within their cities as local boards for counties
have within their jurisdiction; and section 2055, em-
powering county boards to inaugurate and execute such sani-
tary regulations as they may consider expedient to prevent the
outbreak and spread of epidemic diseases, and to that end to
bring the infected population under prompt and proper treat-
ment, an ordinance of a city of the second class, providing for
the removal of smallpox patients to a pest-house in good sani-
tary condition, provided with proper nurses and physicians, is
valid. Idem.
3. Same.-Under Kentucky Statutes, section 3058, part of the char-
ter of cities of the second class, empowering the council to
establish and enforce quarantine laws and regulations to pre-
vent the introduction and spread of contagious diseases, the
council may, by ordinance, make reasonable regulations, in
addition to those provided by the general law establishing the
local boards of health, to prevent the spread of epidemic dis-
eases; and therefore an ordinance providing for the removal of
smallpox patients to the pest-house upon the order of less
than a quorum of the city board of health, or upon the order
of the health officer, is valid, though general law confers such
power on "the board." Idem.
752
BUILDING AND LOAN ASSOCIATIONS—
1. Liability of Shareholder for Expenses and Losses-Usury-Set-
Off-Estoppel.-When a building and loan association is sued to
recover usury paid, and fails to plead, as a set-off, the amount
for which the plaintiff is liable to the association for his pro-
portionate part of expenses and losses, it or its assignee for
creditors, is not estopped from asserting such claim, when the
judgment for usury is sought to be enforced. U. S. Bldg. &
Loan Assn's. Assignee v. U. S. Bldg. & Loan Ass'n., &c.....330
2 Same. In order to entitle the association to recover against a
member his proportionate share of the expenses and losses,
there must be a full exhibit of the expense and loss account.
Idem.
.330
BURDEN OF PROOF-
See Fraudulent Conveyances, 2. Insurance, 1.
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