Hale Et Al. v. Belgrade Co‪.‬

Fraudulent Conveyances ? Erroneous Judgment ? Pleading and Practice ? Stipulations of Counsel ? Bill of Exceptions ? Signing not Part of Settlement ? Insolvent Debtor ? Preference in Payment of Creditors ? Appeal ? Cross-assignments of Error ? Trial ? Evidence ? Court not Bound by Mere Swearing. Practice ? Stipulations of Counsel ? Extent of Right. 1. While counsel may not by stipulation confer jurisdiction upon a court or reinvest it with jurisdiction after it has been lost, or agree to have thereby questions of law or the validity of statutory provisions or rights other than those existing between the parties to the suit in which it is filed determined, they may bind themselves in procedural matters and go so far as to waive statutory provisions or irregularities. - Page 100 Same ? Bill of Exceptions ? Stipulation Extending Time in Which to Prepare, Binding. 2. Where counsel for respondent, before the expiration of the statutory time within which a bill of exceptions could be settled, stipulated with opposing counsel extending the time of the latter within which to prepare and present his bill for settlement, thereby waiving the necessity of securing a court order for that purpose, he was precluded from moving to strike the bill from the files on the ground that the trial court was without jurisdiction to settle it because not presented within time. Same ? Bill of Exceptions ? Power of Court to Settle Outside of County in Which Cause Tried. 3. Quaere: May a district judge under the provisions of Chapter 53, Laws of 1923, declaring the jurisdiction of district judges in certain judicial matters coextensive with the state, settle a bill of exceptions outside of the county in which the cause was tried? Same ? Signing of Bill of Exceptions not Part of Settlement. 4. The signing of a bill of exceptions is not a part of its settlement; therefore where a bill was actually settled in the county in which the cause was tried by a judge called in from another district, the fact that the bill, not then ready to be signed, was later transmitted to him and signed in the county of his residence, did not render the bill subject to a motion to strike from the files; if the action was irregular, failure of the judge to follow the law cannot defeat the rights of appellant. Fraudulent Conveyances ? What Creditor must Show. 5. Under sections 8603, 8605 and 8606, Revised Codes of 1921, a creditor seeking to set aside a transfer as fraudulent must allege and prove that the debtor was insolvent at the time he made the conveyance and that he had no other property out of which his claim could be satisfied or enforced by legal process. Same ? Consideration ? Natural Love and Affection Insufficient. 6. A transfer made in consideration of natural love and affection must be treated as voluntary, and if made on the eve of entry of judgment against the grantor and by the transfer the only property of the latter is put out of reach of the creditor, it is fraudulent and void. Appeal and Error ? Cross-assignments of Error ? Power of Supreme Court Under Statute. 7. Under section 9751, Revised Codes, authorizing review of cross-assignments of error made by the successful party, the supreme court will affirm the judgment if error committed against the appellant is compensated by that committed against respondent. Trial ? Testimony ? Court not Bound by Mere Swearing. 8. A court is not bound by the testimony of a witness simply because it is given under oath, only creditable swearing concluding its judgment. Fraudulent Conveyances ? Insolvent Debtor may Pay One Creditor in Preference to Another. 9. The rule declared by section 8601, Revised Codes of 1921, that a debtor may pay one creditor in preference to another, provided that