INDEX. ALABAMA. ACKNOWLEDGMENT, verbal by the obligor of a bond will not prevent the bar of the statute of limita- ACTIONS. See Limitations. ADMINISTRATION. See Estates of Deceased Persons. AGREEMENT. See Frauds. ARREST, upon either mesne or final process inadmissible, unless creditor establish by affidavit debtor may be released from, on denying allegations of affidavit upon oath, 388. ASSIGNMENT, authorized, of all written instruments for the payment of money, whether expressed effect of, ib. course of assignee, desirous to fix the liability of assignor upon his assignment, 380. ASSIGNMENTS BY INSOLVENT DEBTORS, valid, although preferring creditors if no personal benefit reserved, 382. ATTACHMENT, FOREIGN, by whom issued, and in what cases, 384. mode of obtaining a writ of, ib. may be levied upon real and personal property-effect of levy, ib. act concerning to be liberally construed, and amendments permitted, ib. ATTACHMENTS IN CHANCERY, nature of the proceeding, when it may be instituted, and effect of, 390. ATTACHMENTS, JUDICIAL, may issue upon a return of "not found," not as a matter of right, but upon affidavit, ATTORNEYS, proceedings against for failing to pay over money collected, 390. governed by rules of law merchant, 380. damages upon when protested, ib. what deemed inland, ib. evidence of protest, 381. promissory notes import consideration, ib. BONDS. See Negotiable Instruments, Assignments. CHOSES IN ACTION. See Assignment, Bills of Exchange and Promissory Notes, CONTRACTS, construction of joint and several, 379. CORPORATIONS, rights of foreign in Alabama, 381. COTTON RECEIPTS, negotiable as inland bills of exchange, 380. COURTS, organization of, 390. CREDITOR'S BILL, proceeding on, to reach choses in action of the judgment debtor, 389. mode of subjecting it to payment of debts, 388. ESTATES OF DECEASED PERSONS, fund for payment of debts, 385. mode of selling real estate where personal estate is insufficient, ib. order in which debts of an insolvent estate are to be paid, 386. time within which suit may be brought against an executor, 385. proceedings where estate is insolvent, 386. time within which claims against must be filed, 387. settlement of accounts by executor or administrator of insolvent estates, ib. writs of in force, 388. run against real and personal estate, ib. lien of upon goods and chattels, ib. priority between different, ib. articles exempt from sale on, ib. proceedings on delivery bond where levied upon personal property, ib. FRAUDS, statute of, with slight variation, prevails in Alabama, 382. in loans of personal property, ib. IMPRISONMENT FOR DEBT. See Arrest. INTEREST, rate of, effect of usurious contract, 381. JUDGMENTS, lien of, upon real estate of debtor, 388. LIMITATION OF ACTIONS, of various personal actions, 383. saving in favor of persons under disabilities, ib. MARRIAGE, effect of upon rights of husband in wife's property, 382, 383. NEGOTIABLE INSTRUMENTS. See Bills of Exchange and Promissory Notes. SHERIFFS, remedy against for failing to pay over money collected, 390. ACKNOWLEDGMENT, ARKANSAS. must be in writing to bind an infant, or take case out of the statute of limita- of one joint contractor not binding upon the rest, ib. ACTIONS. See Limitations. ADMINISTRATION. See Estates of Deceased Persons. ARREST, for debt, only admissible in cases of fraud established by affidavit, 432. of all writings for payment of money, whether sealed or not, admissible, 427. ATTACHMENT, FOREIGN, cases in which it may be issued, 430. mode of proceedings on, ib. ATTACHMENT OF BOATS AND VESSELS, 430. ATTORNIES, remedies against for failing to pay over money collected, 433. acceptance of must be in writing, on bill, 428. exception, ib. rules as to, ib. rates of damages on, ib. COMMON LAW, how far received, 427. CONTRACTS, construction of joint and several, 428. COURTS, organization of, 432. CREDITOR'S BILL, when it may be filed, 433. ESTATES OF DECEASED PERSONS, administration of under superintendence of courts of probate, 434. real and personal estate constitute fund for payment of debts, ib. mode of obtaining sale of real estate, ib. widow's dower in personalty paramount to rights of creditors, 435. time within which they must be presented, ib. settlement by executor or administrator of his accounts, 435.. EXECUTIONS, ordinary writ of, 432. runs against land as well as personalty, to what county it may issue, ib. proceedings on delivery bond, 433. when writ of execution creates lien upon property real or personal, ib. variation in the re-enactment of the English statute, 429. English statute against fraudulent conveyances adopted, ib. INTEREST, legal rate of, conventional, 429. effect of usurious contracts, ib. See Arrest. when bill of exchange or promissory note valid, although tainted with usury, ib. lien of upon real estate, 432. definition of this phrase, ib. various personal, 430. saving provisions of the statute, ib. when non-residents protected, ib. MARRIAGE, rights of married women during coverture, 430. rights of husband in property of wife, ib. requisites to entitle a married woman to the benefit of these provisions, ib. NEGOTIABLE INSTRUMENT. See Assignment, Bills of Exchange, and Pro- No set off allowed in these instruments when payable to order, in bank, 428. force of, 428. SHERIFFS, how proceeded against for failure to pay over money, 433. CANADAS. ASSIGNMENTS, or sale of rights in action in Lower Canada, 467. ASSETS, what constitute, in, 467. BILLS OF EXCHANGE AND PROMISSORY NOTES, damages on, 466. EXECUTIONS, what may be sold under, 466. FRAUDS, provisions of the civil law acts, 468. INTEREST, rate of, effect of usury, 468. |