Annuity-Assignor and Assignee.

AMERCEMENT-Continued.

pired, merely on the ground that no demand has been made on
him. Ib.

ANNUITY. See WILLS, 10, 11.

ANSWER-

1. An answer is not evidence, but is a pleading to be verified by the affi-
davit of the belief of the party that the facts therein stated are true.
McKenzie v. Washington Life Ins. Co. 223.

2. A general denial must be considered as tantamount to a statement
that the facts alleged in the petition did not occur. A statement
that the party has no knowledge on the subject, and therefore denies,
is not improper. 1b.

3. Although a general denial of indebtedness may not be a denial of all
the material allegations in a petition, yet it would be going too far
to entirely disregard such an answer, and not require proof from the
plaintiff. Lewis v. Smith, 434.

APPRAISEMENT.

See INQUISITION.

ARBITRATION AND AWARD. See AWARD.

ASSESSMENTS-

1. An ordinance to grade or pave a public street, and providing that "a
special tax be assessed and collected from the owners of real estate
abutting, etc., according to the ordinances in such case made and
provided," is sufficient to authorize an assessment against real estate,
where the general ordinances in force at the time require a demand
first to be made on the owners, and, secondly, in default of pay-
ment, a seizure and sale of the real estate. Lowden v. Cincinnati,

203.

2. If the city fails to give the contractor an assessment, she is liable to
an action; but reasonable time is allowed for the issue of an assess-
ment after the completion of the public work. Ib.

ASSIGNMENT-

1. An assignee, for the benefit of creditors, having accepted the trust, is
not permitted afterward to renounce or repudiate the responsibilities
of his office, unless the cestuis que trust, the creditors, assent to his
discharge. Creditors who have released the assignee in express
terms, must be postponed to those who have declined to assent to his
discharge from the trust." McGregor v. Ellis, 286.

2. One partner can assign a portion of the firm effects in payment of
firm debts, or as a security for antecedent debts, or those to become
due. Ib.

3. An equitable assignment, by a canal company, of all its moneys on
hand, together with future toils and revenues, for the purpose of
securing a necessary improvement and repair of the canal, will be
protected, as against judgment creditors, when made in good faith
for the benefit of the public improvement. Sedam v. Cin. & White-
water Canal Co. 309.

ASSIGNOR AND ASSIGNEE-

1. Where a party, having the ability to perform an executory contract,
assigns his interest in such contract, he must be considered as equit-
ably bound to perform it, so as to give the benefit of it to his
assignee. He can not be permitted to say that he is not ready. If,
on the day fixed for performance, he had the ability, he must be

Attachment.

ASSIGNOR AND ASSIGNEE-Continued.

considered, so far as the assignee is concerned, as having the willing-
ness. The assignment of a contract, and notice of that assignment,
creates no additional burden, nor does it impose any additional duty
of active diligence upon the contractor. James v. Cin., Ham. &
Dayton R. R. Co. 261.

1. A person or corporation to be served as garnishee must be within the
county in which the order of attachment is executed. It is not suf-
ficient to serve the agent of a non-resident corporation doing busi-
ness in the county. Conahan v. Cullin, 1.

2. An undertaking in attachment is not the proper subject of an action
in another court. King v. Snow, 73.

3. To authorize an order upon the garnishee, it must appear that he owes
money to or has property of the defendant. If there is a question
as to the liability of the garnishee, the plaintiff will be remitted to
an independent action against the garnishee. Martin v. Gayle, 86.
4. An order will not be made requiring a garnishee to pay the current
weekly wages of the defendant, not due at the time of process, but
due afterward.

lb.

5. The order of attachment is now only a provisional remedy, to be
allowed when suit is commenced, or at any time thereafter before
judgment is entered. The act of receiving security, as an equiva-
lent for the property attached, is ministerial rather than judicial.
Egan v. Lumsden, 168.

6. The court will require the party who pursues an extraordinary rem-
edy, whether by attachment or injunction, to make out a clear
case to authorize judicial interference. Ib.

7. If the affidavit in attachment sets forth no legal ground to sustain the
process, or if the facts stated are untrue, it is the duty of the court,
upon inspecting the affidavit in the one case, and after hearing the
testimony of the defendant in the other, to dismiss the order. And
this is the right of the defendant, which continues without limita-
tion or qualification until final judgment. Ib.

8. Where the defendant is a non-resident, and can not be reached by
process, the order of attachment, when executed by seizure of prop-
erty, alone gives jurisdiction. Ib.

9. If an attachment is discharged, the bond given by the debtor is of no
further force. lb.

10. An entry of appearance by the defendant is simply an admission of
service in the action, and gives no strength to the remedy by attach-
ment, Ib.

11. Where a claim is asserted, and the usual evidence submitted to the
clerk, to entitle a plaintiff to an order of attachment, the nature,
validity, or justice of the cause of action are not matters of inquiry.
Alexander v. Brown, 395.

12. The affidavit is made at the plaintiff's peril, and the undertaking he
gives is the defendant's indemnity. 16.

13. A surety may, in a proper case, on behalf of the creditor, sustain an
attachment against the principal debtor for a debt past due, on the
ground of non-residence. Brannin v. Smith, 436.

14. When the debt is not due, the surety, as well as the creditor, is re-
stricted to the grounds for attachment stated in section 230 of the
code. Ib.

Attorneys at Law-Awards.

ATTORNEYS AT LAW. See CONTEMPT, 1, 2.

1. Section 6 of the act regulating the admission and practice of attor-
neys and counselors at law, authorizing summary proceedings on
behalf of clients to enforce the payment of money collected for
them, is penal in its character, and to be strictly construed. Long-
worth v. Handy, 75.

2. It must appear that the relation of attorney and client subsists be-
tween the party making the motion to amerce and the party sought
to be charged by it. The provision does not extend to the assignee
of the client. lb.

3. It does not apply when the attorney has a bona fide claim upon the
fund collected, or acts in good faith in refusing to pay it over, as
when some other party makes a claim upon it. Ib.

4. It is no excuse for the refusal of an attorney to pay over, that his
client refuses to give a receipt in settlement. The duty is absolute
to pay on demand, and the law imposes no obligation on a party
receiving money to give an acquittance for it. Ib.

5. An attorney has a lien on his client's papers and documents in pos-
session for expenditures in the cause, and also for a general balance
duen account of costs. He has also a lien upon a judgment for
advancements and disbursements in the progress of the cause, and
for such fees as are included in the bill of costs. This lien is founded
on the principle of an equitable assignment; and to render it effec-
tual, as against the judgment debtor, he must be notified, but it
takes effect, as against the assignee of the judgment creditor, with-
out notice. Ib.

6. In England and some of the States, this lien is confined to costs and
disbursements made by the attorney; in others, it has been extended
to include a compensation for professional services. Although the
question has never been decided in Ohio, there is no ground in this
State for such a distinction. Ib.

7. A court of equity, distributing a fund in its possession, will protect
the claims of solicitors upon it; and when an attorney has collected
the money on a judgment, he is entitled, as against his client and his
assignee, to retain out of it a reasonable compensation for his ser-
vices. Ib.

8. If an attorney does retain his fee from money collected, the court
will not, on a motion to amerce, inquire into the reasonableness of
the fee deducted, further than to ascertain whether the claim is
made in good faith, and, if so, will remit the parties to their ac-
tion. Ib.

9. Before a jury is sworn, either party has an opportunity and privilege
of advising himself as to the qualification of each juror.
glect to avail himself of the opportunity should be held as a waiver
of exception as to the competency of the entire panel.
Albro, 147.

His ne-

Hull v.

AWARDS-

1. An award at common law will be enforced, for the reason that the
award is the agreement of the parties; if there be no agreement,
there can be no award; if the ag: cement be illegal and void, the
award can not be enforced. Jenifer v. Hamilton County, 189.

2. The county commissioners, by a submission to arbitration, can not
impose an obligation on the county to disburse a particular fund, in
a manner or to a purpose prohibited by statute. Ib.

Bailment-Canals.

AWARDS-Continued.

3. The submission to arbitration of all questions, both law and fact, will
not authorize the court to enforce an award when it is manifest, at
any stage of the cause, that the submission was unauthorized and
illegal. Ib.

BAILMENT. See CоMMON CARRIER.

1. A warehouseman is required to take common and reasonable care of
the commodity intrusted to his charge. If, without his fault, the
property is injured by rats, he is not liable. Taylor v. Secrist, 299.
2. A party is liable for the proceeds of a bill of exchange, where he
receives it from the owner and agrees, without commission or re-
ward, to forward it for collection and to pay the whole proceeds to
the owner, when, after payment, the proceeds, by his direction, are
placed in bank to his own credit, and the bank fails within a week
thereafter. Young v. Noble, 485.

BANKS AND BANKERS—

1. When a note is deposited for collection, the banker must use the ordi-
nary legal means to effect that object. If he omit any duty neces-
sary to be performed, such as making legal demand or giving notice
to an indorser, and the depositor thereby loses his security, the banker
is responsible. Huff v. Hatch, 63.

2. The ten per cent. interest law of March, 1850, did not enlarge the
powers of banks. Tuffli v. Ohio Life Ins. and Trust Co. 121.

BASTARDS-

1. A bastard can inherit through the mother only as heir at law. Gib-
son v. Moulton, 158.

2. A devise to B. for life, with remainder to her issue, passes no estate to
the illegitimate issue of B. None but lawful issue can take. Ib.

BILLS OF EXCEPTION. See EXCEPTIONS.

BILLS OF EXCHANGE AND PROMISSORY NOTES. See INSUR-
ANCE, 1; INDORSER AND INDORSEE; BAILMENT, 2.

1. When a promissory note is made and indorsed in Kentucky, though
payable in Ohio, the liabilities of the indorser are fixed by the law of
the place where indorsed; and when such law requires the maker
first to be prosecuted to insolvency by judgment and execution, no
recovery can be had against the indorser in this State, without proof
that such preliminary conditions have been complied with. Cona-
han v. Smith, 9.

2. If a wrong date be inserted by mistake in a promissory note, and it
be changed by the holder to the true date intended, the note will not
thereby be vitiated. Jessup v. Dennison, 150.

BONDS-

1. An undertaking in attachment is not the proper subject of an action
in another court. King v. Snow, 73.

2. An undertaking to perform the judgment of the court in the action
has reference to the final order and direction of the court in that
case, and does not necessarily intend payment or delivery directly
to the plaintiff. Ib.

3. An affidavit in attachment is made at the plaintiff's peril, and the un-
dertaking he is required to give is the defendant's indemnity for any
injury he may sustain by the process. Alexander v. Brown, 395.
BUILDERS' LIEN. See MECHANICS' LIEN.

CANALS. See DEDICATION, 1, 2.

Carrier-Common Carrier.

CARRIER. See COMMON CARRIER.

CAUSE OF ACTION.

CESTUI QUE TRUST.

See ACTION.

See TRUSTS AND TRUSTEES.

CHARGE OF COURT. See NEGLIGENCE, 1, 2.

1. A general exception to the charge of the court will not be considered
on error. Butchers' Melt ng Association v. Commercial Bank, 46.
2. A charge, predicated on an imperfect statement of the facts and
circumstances bearing on the point to which it is directed, and which
excludes from the jury matters in evidence proper to be considered,
should be refused. Jenkins v. L. M. R. R. Co. 49.

CHATTEL MORTGAGE-

1. Where a mortgagor is in possession and allowed to carry on his busi-
ness and sell from the stock of goods covered by the mortgage, such
mortgage is void as to creditors. Morris v. Devon, 218.

2. The attendance of the mortgagee, and his permission for the mortga-
gor to sell and transfer the entire stock to a third party, is not
equivalent to a taking possession by the mortgagee. Ib.

CHILDREN. See HEIR.

CHOSES IN ACTION. See HUSBAND AND WIFE, 1, 2.

CHURCH PROPERTY-

1. What exempt from taxation.

Matlack v. Jones, 3.

CITIES AND VILLAGES. See MUNICIPAL CORPORATION.

CLERK OF COURT-

1. Where a claim is asserted and the usual evidence submitted to the
clerk, to entitle the plaintiff to an order of attachment, the nature,
validity, or justice of the cause of action are not matters of in-
quiry. Alexander v. Brown, 395.

CODE OF CIVIL PROCEDURE-

1. An undertaking to perform the judgment of the court in the action
has reference to the final order and direction of the court in that
case, and does not necessarily intend payment or delivery directly
to the plaintiff in attachment. King v. Snow, 73.

2. If there is a question to be decided, whether of law or fact, as to the
liability of a garnishee, it is not to be disposed of on a summary mo-
tion; in such case the plaintiff will be remitted to his separate suit
against the garnishee. Martin v. Gayle, 86.

3. Section 78, on the subject and effect of pending actions, refers solely
to questions of title in the specific property in controversy. Spinning
v. Ohio Life Ins. and Trust Co., 336.

COLLECTIONS. See BANKS AND BANKERS, 1; ATTORNEYS AT LAW,
1-8; BAILMENT, 2.

COLLEGE SUBSCRIPTIONS. See SUBSCRIPTIONS.

COMMERCIAL PAPER. See BILLS OF EXCHANGE AND PROMISSORY
NOTES.

COMMISSIONERS. See COUNTY COMMISSIONERS.

COMMON CARRIER-

1. When goods have reached their destination, and in the ordinary
course of business are stored for protection, the liability of the car-
rier ceases, and that of warehousemen only exists. Hirsh v. Quaker
City, 144.

2. Where a party contracts for transportation over a route composed of