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of a county warrant, without alleging that there is money in the
request to counsel for his opinion, and another party by whom the
-: Continuance of the relation. When the relation of principal
and agent has once been established, it will be presumed to continue
-: How established. The relation of principal and agent may be
inferred by implication from the acts of the parties, as well as shown
- as to corporations. This is equally true of the agents of
-: Dealings of agent with principal. It is the duty of persons
If they fail to do so, they are liable to lose the entire
General allegations of having done so, made by the
See COUNSEL's Opinion 1. CORPORATIONS 8.
by them, and their conclusions of law separately. Murry v. Mills.. 466
lands for value will take the same, free of the lien of an attachment,
2. SURRENDER OF ATTACHED PROPERTY : Charges. A defendant in an
attachment which has been dissolved, is entitled to the possession
The statute making county clerks, ex officio clerks of the District
2. Demand. If such additional bond were required, a county clerk
would not be excluded from performance of his duties as clerk of
See Quo WARRANTO 1, 2.
2. Recital of the provision amended. An act amendatory of a former stat-
8. Mistake in such recital. If the former provision which is amended
be recited in the new enactment, and a mistake in such recital be
4. ACT IMPAIRING THE OBLIGATION OF A CONTRACT. An act requiring
the holder of a county warrant, which is over due and which draws
contract on his part does not terminate the contract, but leaves it
2. Rescission. The vendor, by selling the property to another, exercises
his option and rescinds the contract, and thereafter the parties stand
8. Recovery of amount paid. When the vendor, availing himself of the
vendee's default, elects to put an end to the contract, the vendee
See CONSTITUTION 4. DAMAGES 1, 2.
EVIDENCE 2. LEx Loci CONTRACTUS 1.
estate, absolute on its face, given to secure the payment of a sum of
STATUTE OF LIMITATIONS 2.
of the proceedings of a corporation, authorizing a party to negotiate
a loan for it, and execute a mortgage to secure the same, is suffi-
%. AVOIDING CONVEYANCE. A corporation which has enjoyed the fruits
of a loan, which it has authorized to be made, cannot avoid the se-
3. AOT OF MEMBERS. A corporation whose governing power is vested in
a board of directors, is not bound by the act of its stockholders.
4 Dren. A deed executed in the name of the president of a corpora-
See AGENCY 2, 3, 4, 5, 6, 7. JURISDICTION 4.
him in preparing and forwarding such opinion in writing. Jameson
See Bonds 1, 2.
PRACTICE IN CRIMINAL CASES 13, 14, 15
of furnishing imperfect articles, cannot be shown by proof of what the
The true rule is, the difference between the value of
the machinery furnished and what it would cost to replace the same
REPLEVIN 2, 3. SURETY 3.
title cannot be better than that from which it is derived, yet there
See NIEL TIEL CORPORATION 1.
abatement of another, must have been recovered for the identical
2. The owners of a mill, in their contract for the erection therein of the
machinery, agreed to have their building ready for setting the same
-: The value of services cannot be shown by proof of what was paid
4. REBUTTING INCOMPETENT EVIDENCE. Competent evidence may be
received on behalf of one party, to rebut incompetent evidence in-
But incompetent testimony cannot be admitted to rebut incom-
See AGENCY 3. DAMAGES 1, 2. PRACTICE 8, a, c, 13, 8.
PRACTICE IN CRIMINAL CASES 6. RES ADJUDICATA 3