bail, hearsay evidence embodied in an affidavit ] II. CRIMINAL RESPONSIBILITY. could not be considered.-Hufty v. Wilson (N. Assault with intent to kill, see Homicide, §§ J. Sup.) 137. 84-96, 257.

$33. In an action for the alienation of the affections of plaintiff's wife, the recital in the order holding defendant to bail that he is now under bail to answer the charge of adultery with plaintiff's wife in M. county did not show any special cause for holding him to bail. Hufty v. Wilson (N. J. Sup.) 137.

$33. Under Prac. Act 1903 (P. L. p. 550) $56, which incorporated Gen. St. 1895, p. 2542, 55, an order to hold for bail a defendant in tort actions must show upon its face that the judge exercised his judicial discretion in issu-. ing it, and that the proof of the particular facts necessary to authorize the order was satisfactory.-Hufty v. Wilson (N. J. Sup.) 137.

ARREST OF JUDGMENT.

In civil actions, see Judgment, §§ 259, 200.

ARSON.

§ 4. Malice, under the statute defining and punishing arson, signifies the intent from which flows the unlawful act committed without legal justification.-State v. Lockwood (Del. Gen. Sess.) 2.

§ 13. In a trial for attempt to commit arson, the character of the instrument employed in the attempt to burn held immaterial.-State v. Lockwood (Del. Gen. Sess.) 2.

§ 13. Rule stated as to what the state must prove under the statute in order to convict of an attempt to commit arson.-State v. Lockwood (Del. Gen. Sess.) 2.

§ 37. When an attempt to commit arson is established, the intent may be proved by direct or circumstantial evidence.-State v. Lockwood (Del. Gen. Sess.) 2.

ASSAULT AND BATTERY.

I. CIVIL LIABILITY.

(B) Actions.

(A) Offenses.

§ 48. A man commits an assault and battery by laying his hands upon a woman intentionally, if the same is done without her consent and against her will.-State v. Roby (Vt.) 638.

$65. It is no justification in a criminal prosecution for assault that the person assaulted consented to be beaten.-State v. Roby (Vt.) 638.

(B) Prosecution and Punishment. § 84. In a prosecution for assault, evidence of the breaking of a window at the place where the assault was committed held admissible as tending to refute accused's claim that he visited the place in a spirit of fun.-State v. Roby (Vt.) 63S.

§ 84. Evidence in a prosecution for assault held admissible.-State v. Roby (Vt.) 638.

$96. A modification of an instruction in a prosecution for assault defining an assault held properly refused.-State v. Roby (Vt.) 638.

Tax assessors, see Taxation, § 319.

ASSIGNMENT OF DOWER.

$30. In a suit for assault and battery, held, that there was no error in allowing a question to a witness who stood beside a previous witness testifying to having seen acts of aggression by See Dower, § 57. plaintiff.-Stockham v. Malcolm (Md.) 569.

$ 30. In a suit for assault and battery, evidence as to defendant not knowing anything

ASSIGNMENT OF ERRORS.

about plaintiff using or carrying knuckles held See Appeal and Error, §§ 719-748.
properly excluded.-Stockham v. Malcolm (Md.)
569.

§ 43. In a suit for assault and battery, held, that the instructions of the court in favor of the plaintiff, notwithstanding his application to defendant of an opprobrious epithet, were proper. Stockham v. Malcolm (Md.) 569.

§ 43. In a suit for assault and battery, held, that rulings of the court as to prayers for instructions relating to damages were inconsistent. -Stockham v. Malcolm (Md.) 569.

§ 43. In view of an admission by defendant in a suit for assault and battery, held, that it would have been improper to have granted his was the aggressor.-Stockham v. Malcolm (Md.) prayer constructed on the theory that plaintiff

569.

$ 43. By the granting of prayers in a suit for assault and battery, held, that defendant received the full benefit of plaintiff's alleged offensive language and participation in the fight immediately following the assault.-Stockham v. Malcolm (Md.) 569.

ASSIGNMENTS.

For benefit of creditors, see Assignments for
Benefit of Creditors.

Validity as to creditors or subsequent purchas-
ers, see Fraudulent Conveyances.

Transfers of particular species of property,
rights, or instruments.

See Covenants, §§ 67-8-1; Mortgages, § 261.
Debts secured by mortgage, see Mortgages, §
261.
Rights of subcontractor for public improve-
ment, see Municipal Corporations, § 373.
Shares of corporate stock, see Corporations, §
Shares of building and loan association, see
Building and Loan Associations, §§ 10, 23.

129.

I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. $ 34. An assignment of a chose in action. need not necessarily be in writing to be valid.

-New Jersey Produce Co. v. Gluck (N. J. Sup.) | ident could sue out a foreign attachment.443.

III. RIGHTS AND LIABILITIES OF
PARTIES.

§ 102. A material alteration avoids a contract not only as to the party making it, but also as to a bona fide assignee who is not an indorsee.-Shiffer v. Mosier (Pa.) 426.

ASSIGNMENTS FOR BENEFIT OF
CREDITORS.

See Bankruptcy, §§ 156-194.

By corporation, see Corporations, § 550.

I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Trusts for Creditors.

Johnstone v. Kelly (Del. Orph.) 1099.

II. PROPERTY SUBJECT TO ATTACH-
MENT.

§ 56. At common law corporate shares were not subject to attachment, not being considered as a chattel or a debt.-Fowler v. Dickson (Del. Super.) 601.

III. PROCEEDINGS TO PROCURE. (B) Affidavits.

§ 122. Affidavit in attachment held amendable after judgment by substituting one Christian name for another stated in the writ.Garrison v. Seckendorff (N. J. Sup.) 311.

V. LEVY, LIEN, AND CUSTODY AND
DISPOSITION OF PROPERTY.

$165. Under Rev. Code 1852, amended to § 31. A transaction constituting an assign; 1893, pp. 568, 569. c. 70, §§ 13, 14; Acts Gen. ment in any form, including a transfer to a third Assem. March 23, 1871 (14 Del. Laws, p. 100, c. person in trust to hold and dispose of for the 90): Rev. Code, p. 567, c. 70. § 6; and General benefit of the creditors of the assignor, which Corporation Laws, § 48 (22 Del. Laws, p. 777. c. fulfills the other requirements of the prohibition 394)-construed in view of Rev. Code, pp. 781, of Rev. Code 1852, amended to 1893, p. 960, c. 785, c. 104, §§ 2. 19, and 11 Del. Laws, p. 482, c. 132, § 4, is within the statute.-Brown v. Wil-424, as amended by 15 Del. Laws, p. 306, c. mington & Brandywine Leather Co. (Del. Ch.) 182' (Rev. Code, p. 786. c. 104), a corporation 1105. can only be summoned in proceedings to attach its stock by service upon the officers named in Rev. Code. § 14, so that the writ was improperly executed by service on a director.-Fowler v. Dickson (Del. Super.) 601.

$31. Rev. Code 1852, amended to 1893, p. 960. c. 132, § 4, relating to assignments for benefit of creditors, held not limited to cases where the debtor's entire assets are transferred.Brown v. Wilmington & Brandywine Leather Co. (Del. Ch.) 1105.

ASSOCIATIONS.

See Building and Loan Associations; Trade
Unions.

Liability of property of Greek letter fraternity
to taxation, see Taxation, § 243.
Mutual benefit insurance associations, see In-
surance, §§ 698-793.

ASSUMPSIT, ACTION OF.

Implied contracts as grounds of action, see
Work and Labor.

5. Where there was performance by plaintiffs of a contract to do certain work, no compensation being agreed on, the common counts were proper.-Cunningham & Patchen v. Delohery Hat Co. (Conn.) 881.

§ 25. In assumpsit for board, lodging, and money, paid, certain evidence as to declarations made by defendant held competent.-Boucher v. Thibeau (N. H.) 1047.

ASSUMPTION.

Of risk by employé, see Master and Servant, §§ 205-221, 288.

ATHLETIC EXHIBITIONS. License, see Theaters and Shows, § 3. ATTACHMENT.

See Execution; Garnishment.

Of the person in contempt proceedings for violation of injunction, see Injunction, § 230.

I. NATURE AND GROUNDS. (A) Nature of Remedy, Causes of Action, and Parties.

§ 16. Under 16 Del. Laws, p. 342, c. 340 (Rev. Code 1852, amended to 1893, p. 723, c. 97), as amended by an insertion in section 4 thereof by 24 Del. Laws, p. 644, c. 239, held that a nonres

$165. Rev. Code 1852, amended to 1893, pp. 568, 569, c. 70. §§ 13-17, relating to attachment of corporate stock, section 14 of which provides for the service of process upon the corporation held not affected by the provisions of the general corporation law relating to service of legal process generally.-Fowler v. Dickson (Del. Super.) 601.

ceedings to attach stock filed a certificate show-
§ 176. That the corporation served in pro-
ing the number of its shares held by defendants,
even if a waiver of defects in the service which
effected it, did not affect the right of defendant
debtors to insist that such service was insuffi-
cient under Rev. Code 1852, amended to 1893,
pp. 568, 569, c. 70, §§ 13-17.-Fowler v. Dickson
(Del. Super.) 601.

VII.QUASHING, VACATING, DISSO-
LUTION, OR ABANDONMENT.

§ 231. In proceedings to attach corporate stock, the insufficiency of service of process upon the corporation is jurisdictional, and may be raised upon special appearance by the debtors and motion to quash the service and vacate the return; 16 Del. Laws, p. 705. c. 532 (Rev. Code 1852, amended to 1893, p. 786, c. 104), not applying.-Fowler v. Dickson (Del. Super.) 601.

256. The ownership of attached property will not be determined in a proceeding for its release under 16 Del. Laws, p. 705, c. 532 (Rev. Code. 1852, amended to 1893, p. 786, c. 104).Johnstone v. Kelly (Del. Orph.) 1099.

256. Under 16 Del. Laws, p. 705, c. 532 (Rev. Code 1852, amended to 1893, p. 786, c. 104), if it was necessary to determine whether plaintiff was a nonresident in proceedings to release attached property, the court had power to investigate that fact.-Johnstone v. Kelly (Del. Orph.) 1099.

VIII. CLAIMS BY THIRD PERSONS.

$287. On claim of third person to goods attached, held direction of verdict for claimant was warranted by the evidence.-Levinson v. Godfrey (N. J. Sup.) 278.

$308. Evidence held to justify a finding that certain real estate was not owned by defendant

at the time of the attachment.-National Bank of North America in New York v. Thomas (R. I.) 1092.

$308. In an action by a bank on a note made by defendant, wherein certain property was attached, evidence held to warrant a finding that plaintiff at the time of the attachment had notice of an unrecorded deed of the property from defendant to his wife.-National Bank of North America in New York v. Thomas (R. I.) 1092.

§ 308. In attachment, certain evidence held admissible on the issue of the ownership of the land at the time of the attachment.-National

Bank of North America in New York v. Thomas (R. I.) 1092.

ATTESTATION.

Of will, see Wills, §§ 114–119.

Of agents, see Principal and Agent, § 101.
Of attorneys, see Attorney and Client, $$ 86, 94.

Of written instrument, alteration of, see Altera- Of executors or administrators, see Executors tion of Instruments, § 8.

ATTORNEY AND CLIENT.

Argument and conduct of counsel at trial, see
Trial, §§ 109-133.

Attorneys in fact, see Principal and Agent.
Harmless error in argument of counsel, see Ap-
peal and Error, § 1060.

II. RETAINER AND AUTHORITY. Admissions on trial of criminal prosecution, see Criminal Law, § 661.

§ 86. Admissions by counsel, made in good faith at the trial of an action in open court for the purpose of dispensing with testimony, bind their clients, though made orally.-Godwin v. State (Del.) 1101.

§ 94. An attorney having an execution for collection, though not the attorney of record, has prima facie authority to institute disclosure proceedings against the debtor.-West Cove Grain Co. v. Bartley (Me.) 730.

IV. COMPENSATION AND LIEN OF

ATTORNEY.

(A) Fees and Other Remuneration. Expenditures for counsel fees by executor or administrator, see Executors and Administrators, & 111.

Provisions in bill or note as affecting negotiability of instrument, see Bills and Notes, § 160.

§ 159. An attorney may sue his client for

and Administrators, §§ 109, 111.

Of judges, see Judges, $ 32.

Of justices of the peace, see Justices of the
Peace, 44.

Of officers and agents of corporations in gen-
Of officers in general, see Officers, § 103.
eral, see Corporations, §§ 395-433.
To amend or correct record on appeal or writ
Of trustees, see Trusts, §§ 189-239.
of error, see Appeal and Error, $648.

AUTOMOBILES.

Licenses for operation of, see Licenses, §§ 1, 7. Negligent operation causing death as slaughter, see Homicide, § 74.

On highways in general, action for injuries for
negligence, see Highways, § 184.

On highways in general, care required, sce
Highways, § 172.

On highways in general, validity of regulations,
see Highways, § 166.

Right of owner of unlicensed automobile to recover for injuries from defects in streets, see Municipal Corporations, & S01.

AVOIDANCE.

Of contract, see Contracts, § 270.

AWARD.

Of commissioners, appraisers, or viewers_in condemnation proceedings, see Eminent Domain, § 237.

BAGGAGE.

professional services.-Pierce v. Norton (Conn.) Of passenger, see Carriers, § 405.

686.

ATTORNEYS IN FACT.

See Principal and Agent.

AUDIT.

Of claims against state, see States, § 181.

AUDITA QUERELA.

BAIL.

II. IN CRIMINAL PROSECUTIONS. Judgment on bail bond by confession, see Judgment, §§ 43, 46.

$73. Under the direct provisions of Act June 14, 1898 (P. L. pp. 875, 929), §§ 25, 178, police magistrates have power to accept cash bail in criminal proceedings.-Doane v. Dalrymple (N. J. Sup.) 964.

§ 73. Where cash is deposited as bail by defendant in criminal proceedings, and the payment is unauthorized by law, it is considered a personal deposit of defendant and can only be recovered by him or by his creditors.-Doane

Relief against execution in general, see Execu-
tion, § 171.
Relief against judgment by equitable proceed-
ings, see Judgment, $$ 405–464.
Relief against judgment by motion or other pro-
ceedings in same action, see Judgment, § 370.
§ 3. If a final judgment against defendant
was merged into a judgment subsequently ob-v. Dalrymple (N. J. Sup.) 964.
tained by plaintiff on scire facias against de-
fendant's debtors factorized into the action, de-
fendant's remedy to prevent the enforcement of
the judgment was by a proceeding in the na-
ture of an equitable action or of audita querela.

§ 83. Where defendant was accused of an offense, but another was arrested and recognized and defaulted, scire facias could not be maintained against defendant.-State v. Messier (Me.) 18.

§ 87. Where defendant was accused of an | al Bank of North America in New York v. offense, but another was arrested and gave a Thomas (R. I.) 1092. recognizance and defaulted, the sureties were not liable because of the nonjoinder of the real principal.-State v. Messier (Me.) 18.

Of witness, ground for impeachment, see Wit- der, circumstances such as arouse suspicion

Introduction and passage of legislative bills, see before the certificate of protest is signed and Statutes, § 63.