ARBITRATION.-Continued. PAGE. filing a bill to enjoin the entry of judgment on award does presumptions are in favor of validity of award............... 410 410 an award is presumed to be only upon the questions sub- 410 what not such misconduct of arbitrator as vitiates award. 410 .... 100 ASSIGNMENT.-See VOLUNTARY ASSIGNMENTS. 100 the fact that a cause of action survives to personal repre- 100 a right of action for personal injuries is not assignable... 100 ATTACHMENT. 587 612 207 court must have jurisdiction of attachment defendant to ..... 207 207 .... 207 not necessary that suit be begun or process be served ten 207 271 corporate property attached by a creditor of former part- 271 ATTORNEYS AT LAW. PAGE. a contract prohibiting client from settling or compromis- AWARD.-See ARBITRATION. BAILMENT. 100 in bailment for mutual benefit the bailee is not an insurer. 602 602 BANKS. drawer of check cannot stop payment thereof after it has 531 a bank has no authority to refuse payment of a check to a BENEFIT SOCIETIES. 532 a subordinate lodge is the agent of the principal lodge, and BILLS AND NOTES. drawer of check cannot stop payment thereof after it has 531 531 bank having sufficient funds of depositor is liable to a bona ... 531 ... 531 a private arrangement between a bank and a depositor not 532 BILLS OF EXCEPTION. PAGE. 314 ... 344 testimony of a witness at a former trial cannot be proved BOARDS OF EDUCATION.-See SCHOOLS. BONDS. ....... the statutory provisions concerning the mode of releasing a the court cannot waive requirements of statute concern- 459 235 235 heirs are not entitled to notice of application for release of 235 final order of probate court as to amount due from guar- BOULEVARDS.-See PARKS. BURDEN OF PROOF. one invoking an estoppel by verdict has burden of proving 487 .... 299 one relying on a license as a defense to a trespass has the 384 BURGLARY.-See CRIMINAL LAW. robbing a hen-house is burglary...... 307 CARRIERS.-See RAILROADS; STREET RAILWAYS. CHANCERY.-See EQUITY. CHANCERY PRACTICE.-See PRACTICE. CHARITIES. PAGE. a gift to charity will stand though the manner of manag- equity will not allow a gift to charity to fail for want of a 444 .462, 414 444 testator's intention to favor charity must prevail though 462 the statute of charitable uses of Elizabeth is in force in 462 the English doctrine of superstitious uses is not in force in 462 a devise to a religious society in trust for saying masses for CHECKS.-See BILLS AND NOTES. CIVIL SERVICE. 44 the foundation principles of civil service laws are that ap- the provisions of the Civil Service act concerning punish- 44 44 44 provisions of the Civil Service act concerning the investi- 44 a public office is not property, nor are the prospective fees 44 45 that part of section 35 of Civil Service act which disquali- .... 45 CIVIL SERVICE.-Continued. PAGE. what does not constitute "head" of principal department.. 45 45 45 exemption from classification as provided in act cannot be COLLATERAL ATTACK. ....130, 46 recital of jurisdictional facts in a confirmation judgment COMMERCIAL PAPER.-See BILLS AND NOTES. CONDEMNATION.-See EMINENT DOMAIN. CONDONATION. 299 299 condonation is a stricter bar against the husband than 133 condonation is conditioned upon non-repetition of the of- 133 CONSIDERATION.-See CONTRACTS. agreement by creditor not to contest judgment which he CONSTITUTIONAL LAW. the legislature has power to pass civil service laws........ 44 44 the Civil Service act of 1895 is not unconstitutional, as dele- 44 ...... 44 provisions of Civil Service act of 1895 concerning removal 44 |