ARGUMENT OF COUNSEL. See Criminal Law, 720-730; Trial, 125. ARREST. See False Imprisonment; Ne Exeat. ARSON. 19 (Ark.) Contract to furnish electricity to certain premises held not to create personal ob112, ligations rendering the contract nonassignable. -Leader Co. v. Little Rock Ry. & Electric Co., 179 S. W. 358. III. RIGHTS AND LIABILITIES OF PARTIES. 100 (Tex. Civ.App.) An order to pay from funds collected by the drawee is subject to the See Criminal Law, 371, 424; Indictment prior debt of the drawer to the drawee and to and Information, 110; Judgment, the drawee's equities against the drawer.-H. 559. J. Murrell & Co. v. Edwards, 179 S. W. 532. ASSOCIATIONS. 25 (Tex. Cr.App.) It is not error in a prosecution for arson to exclude copies of deeds tending to show title of the burned property in another than the person named in the indictment, where it is not claimed that possession or claim See Beneficial Associations; Building and Loan Associations; Insurance, 687-825. of possession by another can be shown.-Tinker v. State, 179 S. W. 572. 30 (Tex.Cr.App.) The title of burned property is never in issue in a prosecution for ar ASSUMPSIT, ACTION OF. son and may be shown by oral evidence.-Tinker See Money Received. v. State, 179 S. W. 572. 37 (Ark.) Evidence held sufficient to sustain a conviction.-Shuffield v. State, 179 S. W. 650. ASSAULT AND BATTERY. See Criminal Law, 200, 419, 420, 422; II. CRIMINAL RESPONSIBILITY. 91 (Tex.Cr.App.) Substantial proof only of the means used in an assault is sufficient to support the charge.-Chisom v. State, 179 S. W. 103. 91 (Tex.Cr.App.) Evidence held to warrant a conviction of assault.--Dickie v. State, 179 S. W. 566. ASSUMPTION OF RISK. See Master and Servant, 203-224. ATTACHMENT. See Execution; Garnishment; Homestead ; V. LEVY, LIEN, AND CUSTODY AND 191 (Ky.) The bond executed under Civ. Code Prac. § 214, is only an obligation to produce the property; the lien of the attachment and the power of the court over the property continuing as if the attachment were still in force.-Hudson Engineering Co. v. Shaw, 179 S. W. 1083. DERTAKINGS. 92 (Tex.Cr.App.) On trial for aggravated assault, evidence as to whether defendant was X. LIABILITIES ON BONDS OR UNa principal in the offense or an innocent bystander held to support a verdict of guilty.-337 (Ky.) Although, after defendant sureSouthall v. State, 179 S. W. 872. Evidence held sufficient to show a premeditated plan to waylay an assaulted party, and that he was waylaid and a fight forced at a point selected by defendant and his companions.-Id. 97 (Tex.Cr.App.) On trial for assault, held, that verdict assessing fine of $25 should have specified whether accused was convicted of simple assault or aggravated assault.-Dieter v. State, 179 S. W. 557. ASSESSMENT. See Damages, 208; Drains, 82; Municipal Corporations, 406-567; Taxation, 3624, 387. ASSIGNMENT OF ERRORS. See Appeal and Error, 724-748; Criminal ASSIGNMENTS. 221, to release attached property, the plaintiff ty company gave bond, under Civ. Code Prac. § amended his petition to recover a greater sum, the surety company is not discharged from all liability, but is liable in the amount originally sued for.-Hudson Engineering Co. v. Shaw, 179 S. W. 1083. 338 (Ky.) Where defendant surety company gave its bond under Civ. Code Prac. § 221, to release attached property in an action to recover $880, and plaintiff thereafter amended to recover $6,500, defendant is not liable for final judgment for more than the $880.-Hudson Engineering Co. v. Shaw, 179 S. W. 1083. 343 (Ark.) Consolidation of attachments for rent held to preclude recovery on more than one of the attachment bonds, the consolidated action being alone left.-Davidson v. Mayhue, 179 S. W. 371. XI. WRONGFUL ATTACHMENT. 365 (Ark.) An attaching creditor cannot be shown to have been done at his direction.Webb v. Van Vleet-Mansfield Drug Co., 179 S. W. 357. See Fraudulent Conveyances; Vendor and Pur- held liable for wrongful acts of the sheriff not chaser, 261. I. REQUISITES AND VALIDITY. (A) Property, Estates, and Rights Assign-366 (Ark.) Under Kirby's Dig. § 381, the able. suc 18 (Ark.) Contract between company successors and assigns, and a consumer, cessors, and assigns, for the furnishing of electricity, held not rendered nonassignable by stipulation that it was nontransferabie.-Leader Co. v. Little Rock Ry. & Electric Co., 179 S. damages for wrongful attachment must be determined in the action wherein the attachment was dissolved.-Davidson v. Mayhue, 179 S. W. 371. ATTESTATION. I. THE OFFICE OF ATTORNEY. (C) Suspension and Disbarment. 49 (Ark.) In a contempt proceeding, held that, under Kirby's Dig. §§ 450-466, an attorney could not be disbarred.-Dickerson v. State, 179 S. W. 324. 56 (Ark.) An attorney, charged with contempt, cannot be said not to have objected to judgment of disbarment; it appearing he was not notified that disbarment would be sought.Dickerson v. State, 179 S. W. 324. IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. 133 (Ky.) As a general rule, an attorney cannot recover fees for his services from one who has not employed him or authorized his employment, although the services may have been beneficial to such person.-O'Doherty & Yonts v. Bickel, 179 S. W. 848. Attorneys representing certain stockholders in a suit to recover on a contract for the sale of stock, held not entitled to recover compensation as against other stockholders who had been benefited by their services.-Id. Attorneys for certain stockholders held not entitled to compensation under Ky. St. § 489, as against other stockholders not employing them, although their services in suing upon the contract for the sale of stock had benefited such other stockholders.-Id. erly enforce the law, probably assess capital punishment.-Ex parte Sapp, 179 S. W. 109. 52 (Tex.Cr.App.) Judgment fixing bail at amount claimed to be in excess of defendant's ability to give bail held not to be set aside, in the absence of any attempt and failure to give bail in the amount fixed.-Ex parte Neyland, 179 S. W. 715. 65 (Tex.Cr.App.) Failure to set forth punishment assessed in recognizance in criminal case held to require dismissal of appeal.-Dorris v. State, 179 S. W. 718. 66 (Tex.Cr.App.) A recognizance which recites no specific offense and does not comply with the statute requiring that the punishment itself must be stated is insufficient.-Robertson v. State, 179 S. W. 106. BAILMENT. 12 (Tenn.) A bailee for the accommodation of the bailor is answerable only for his gross negligence or bad faith, the degree of care being measured, however, with reference to the nature of the article bailed.-Ridenour v. Woodward, 179 S. W. 148. A traveling salesman to whom funds were intrusted to deposit in a neighboring bank held not guilty of a conversion in depositing the money in an iron safe in the custody of another when he arrived after banking hours.-Id. BALLOTS. See Elections, 299. BANKS AND BANKING. III. FUNCTIONS AND DEALINGS. (A) Banking Franchises and Powers, and Their Exercise in General. 150 (Ark.) An attorney held entitled only 94 (Tex. Civ.App.) While a bank ordinarily to the percentage of amount paid his client in may not own a railroad, it may sell and discompromise without his consent, as fixed by his pose of its capital stock held by it as executor. contingent fee contract.-St. Louis, I. M. & S.-Continental Trust Co. v. Brown, 179 S. W. Ry. Co. v. Freeman, 179 S. W. 648. (B) Lien. 939. (C) Deposits. 172 (Ark.) Kirby's Dig. § 4457, giving a 123 (Ky.) A bank having the custody of right of action to attorneys against litigants stock certificates is liable for failure to defor reasonable fee, where client compromises, liver within a reasonable time after demand. held repealed by Act May 31, 1909 (Laws 1909, -Ohio Valley Banking & Trust Co. v. Wathp. 892), creating lien upon cause of action.en's Ex'rs, 179 S. W. 230. St. Louis, I. M. & S. Ry. Co. v. Freeman, 179 134 (Ky.) Bank lending funds to subconS. W. 648. tractor held to have legal right to appropriate or enforce payment from deposit by contractor in such bank to subcontractor's account.Citizens' Trust & Guaranty Co. v. Farmers' Bank of Estill County, 179 S. W. 29. 189 (Ark.) Parties to litigation have right to compromise without consent and over objection of attorneys.-St. Louis, I. M. & S. Ry. Co. v. Freeman, 179 S. W. 648. ATTRACTIVE NUISANCE. See Evidence, 5; Municipal Corporations, mm 762. AUTOMOBILES. 154 (Ark.) Evidence in an action by a depositor against a bank to recover the amount deposited, which the bank turned over to a third person, held sufficient to support a directed verdict for the defendant-Swift v. First Nat. Bank of Lewisville, 179 S. W. 810. Evidence of transaction between person to whom bank paid funds of a depositor and the See Carriers, 2, 4; Constitutional Law, vice president of the bank, involving the funds 208; Damages, 113, 188; Homicide, paid, held properly excluded as immaterial.-Id. 68; Licenses, 7; Master and Servant, 301, 302, 333; Municipal Corporations, 121, 703-706. AVOIDANCE. See Infants, 58. BAIL. II. IN CRIMINAL PROSECUTIONS. 42 (Tex.Cr.App.) Under Const. art. 1, § 11, all prisoners are to be admitted to bail, save when the proof is evident not only that accused is guilty, but that the jury will, if they prop (D) Collections. 156 (Ark.) Bank in collecting draft held to have acted as drawer's agent, and, drawer being guilty of fraud, drawee could recover the amount paid from the bank.-Oklahoma State Bank v. Bank of Central Arkansas, 179 S. W. 509. 165 (Ark.) Party induced to pay draft to bank by fraud held entitled to recover payment notwithstanding cashier's attempted appropriation of the funds in payment of a note after receiving notice of the fraud.-Oklahoma State Bank v. Bank of Central Arkansas, 179 S. W. 509. I. ILLEGITIMACY IN GENERAL. 3 (Tenn.) The presumption of the legitimacy of a child born during wedlock is indulged, though antenuptial conception is made to appear.-Jackson v. Thornton, 179 S. W. 384. The presumption of the legitimacy of a child born during wedlock is weakened, and may be overcome by a less weight of evidence where antenuptial conception is shown.-Id. 103 (Tex. Civ.App.) Cashier's misrepresentation to maker of note to bank as to its amount that he was also a party and would stand between her and all danger held sufficient ground for a cancellation.-Lockney State Bank v. Damron, 179 S. W. 552. 114 (Ky.) Defendant, in action on notes, cannot counterclaim for amount of notes he has paid innocent purchasers, when notes were all given in consideration of a fraudulent contract, to the fraud of which he did not object until three months after learning of it.-American Mfg. Co. v. Crittenden Record-Press, 179 S. W. 456. Presumption of legitimacy held overcome only by clear, strong, and convincing testimony, and not by a mere preponderance, or by neigh- II. CONSTRUCTION AND OPERATION. borhood rumor and suspicion, though antenup-129 (Tex. Civ.App.) Bringing of suit on tial conception is shown.-Id. notes containing stipulations that failure to pay one when due should mature the other at holder's election, one being past due when suit was instituted, held sufficient to show holder's election to declare second note due.-Stewart v. Thomas, 179 S. W. 886. V. RIGHTS AND LIABILITIES ON IN DORSEMENT OR TRANSFER. (D) Bona Fide Purchasers. 378 (Tex. Civ.App.) Change in personality, number, or relation of parties to instrument, without consent of the opposite party, held to avoid it, even in the hands of an innocent_purchaser.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119. VI. PRESENTMENT, DEMAND, NOTICE AND PROTEST. 400 (Mo.App.) Where plaintiff bank located in Missouri received a check on a bank in Iowa and presented it through the ordinary channels of business, and protested it when payment was refused, there was no failure of due diligence.-First Nat. Bank of Grant City v. Korn, 179 S. W. 721. 410 (Mo.App.) Under Rev. St. 1909, § 6329, certificate of protest verified on day of trial in justice court held sufficient in trial de novo in circuit court seven months later.-First Nat. Bank of Grant City v. Korn, 179 S. W. 721. 414 (Mo.App.) Under Rev. St. 1909, § 10125, it was not necessary that drawer of check who had notified drawee bank not to pay it be notified of its protest.-First Nat. Bank of Grant City v. Korn, 179 S. W. 721. 421 (Mo.App.) The requirement as to notice of the protest of a check is met by putting it into the proper post office in due time, properly directed.-First Nat. Bank of Grant City v. Korn, 179 S. W. 721. VII. PAYMENT AND DISCHARGE. 430 (Tex. Civ.App.) Where either of two renewal notes constituted a novation, the note for which the renewals were given was no longer a binding obligation.-First State Bank of VIII. ACTIONS. 493 (Ky.) In the absence of proof to the contrary, there is a presumption that a paid check was executed for valuable consideration. -Hatfield's Adm'r v. Hatfield, 179 S. W. 832. 499 (Tex. Civ.App.) In an action on a note, defendants, whose pleadings raised the issue that plaintiff had failed to account for certain collateral, and sought relief to the extent of the value thereof, had the burden of showing the value of the securities not accounted for.-First State Bank of Amarillo v Cooper, 179 S. W. 295. 51 (Tex.Civ.App.) In an action on a note, with an allegation of an agreement that certain collateral should be divided between the note and another, evidence of a defendant's objection at the time of making such agreement to any switching of the collateral to protect the other note was admissible.-First State Bank of Amarillo v. Cooper, 179 S. W. 295. 518 (Ky.) In an administrator's action on a note found among decedent's papers, evidence held sufficient to authorize chancellor's judgment that a payment by the decedent to the maker of the note, his grandson, was supported by consideration other than the note.-Hatfield's Adm'r v. Hatfield, 179 S. W. 832. 537 (Mo.App.) Whether facts constitute due diligence in the presentation of a check to the drawee bank is a question of law for the court. -First Nat. Bank of Grant City v. Korn, 179 S. W. 721. had partitioned, R., while erecting a boundary fence, agreed to remove it if a shortage be established, he thereby waived no rights, there having been no shortage, but B. having allowed another to encroach on his part.-Boone v. Robinson, 179 S. W. 452. 55 (Ky.) Two lot owners in the center of a block which contained a surplus of 18 inches held bound by the descriptions in their deeds, and not entitled in an action between them alone to have their corners shifted so as to apportion their share of the surplus.-Elam v. Hickman, 179 S. W. 17. BREACH OF MARRIAGE PROMISE. See Trial, 192. 13 (Mo.App.) After breach of a promise of marriage a subsequent offer hedged around with conditions is no defense.-Chapman v. Brown, 179 S. W. 774. 20 (Mo.App.) An action for breach of marriage promise being founded on contract, it will be presumed that the complaining party possessed legal capacity to enter into such relation, and hence defendant has the burden of proving plaintiff's incapacity.-Chapman v. Brown, 179 S. W. 774. marriage a subsequent offer hedged around with 29 (Mo.App.) After breach of a promise of conditions cannot be considered in mitigation of damages.-Chapman v. Brown, 179 S. W. 774. BRIDGES. 537 (Mo.App.) What is valuable consideration for the release by the payee of a note of See Counties, 165; 165; Waters and Water his rights thereunder is a question of law.— Lumpkin v. Strange, 179 S. Ŵ. 742. 537 (Tex. Civ.App.) Whether either of two renewal notes constituted a novation was a Courses, 171. BRIEFS. question for the jury.-First State Bank of See Appeal and Error, 758-773. Amarillo v. Cooper, 179 S. W. 295. BROKERS. 537 (Tex. Civ.App.) In suit on a note which was in evidence and its execution admitted by defendant, a claimed accommodation surety, per- See Evidence, 317; Pleading, 129; emptory instruction for plaintiff held proper. -Banks v. Mixon, 179 S. W. 690. BONA FIDE PURCHASERS. See Alteration of Instruments, 20; Bills and Notes, 378; Vendor and Purchaser, 228-239. BONDS. See Appeal and Error, 1230; Attachment, 191-343; Bail; Mechanics' Liens, 313; Municipal Corporations, 918; questration, 20. BOOKS OF ACCOUNT. See Evidence, 354. BOUNDARIES. I. DESCRIPTION. Trial, 329. IV. COMPENSATION AND LIEN. 53 (Mo.App.) Real estate firm which aided in final consummation of lease by another firm to some extent held not entitled to a commission from the owner.-Mason v. James M. Carpenter Realty Co., 179 S. W. 945. 61 (Tex.Civ.App.) Brokers' knowledge of incumbrances which prevented consummation of contract held not to defeat right to commissions, Se-where defendants entered into a contract binding themselves to remove such incumbrances.Levy v. Dunken Realty Co., 179 S. W. 679. V. ACTIONS FOR COMPENSATION. 82 (Tex.Civ.App.) In broker's action for commissions, complaint held to allege ability and willingness of party to make exchange of lands, and not merely ability and willingness to make the exchange or pay the stipulated damages.-Levy v. Dunken Realty Co., 179 S. W. 679. 3 (Ark.) Where the descriptions of the boundaries of a tract are uncertain and conflicting, distances yield to courses and courses to monuments.-Paschal v. Swepston, 179 S. W. 339. II. EVIDENCE, ASCERTAINMENT, AND ESTABLISHMENT. 37 (Tex.Civ.App.) In an action involving boundary, evidence held to show that the plat, as made, was result of a mistake, and that it was not intended to include in the addition in which plaintiff bought property other unplatted property not belonging to plaintiff's grantor. Lockwood Inv. Co. v. Geiselman, 179 S. W. 549. 46 (Ky.) Where, on claim of B. that there was a shortage in the lot which he and R. Allegation that person procured by brokers was ready, able, and willing to carry out contract of exchange held equivalent to allegation that he had title to the land he contracted to exchange.-Id. 88 (Mo.App.) In an action by real estate brokers for a commission, whether they or another firm was the efficient cause in effecting defendant's lease to a third party held for the jury.-Mason v. James M. Carpenter Realty Co., 179 S. W. 945. the broker's statements as to the quantity of the land. Caughron v. Stinespring, 179 S. W. 152. BUILDING AND LOAN ASSOCIA TIONS. I. CONTROL AND REGULATION OF (A) In General. 2 (Tenn.) Acts 1915, c. 60, regulating jitneys held constitutional.-City of Memphis v. State, 179 S. W. 631. 4 (Tenn.) A jitney being self-propelled, not a street car, operating between certain points at a certain fare, approximately five cents, and so held out, advertised, or announced, is a common carrier.-City of Memphis v. State, 179 S. W. 631. 3 (Ky.) Amendments of articles of incorporation, increasing capital stock of a building association and authorizing an increase of corporation's indebtedness, did not render it a new corporation to subject its stock to an organization tax.-Avery Bldg. Ass'n v. Com-13 (Tex.Civ.App.) It is contemplated by monwealth, 179 S. W. 39. An amendment of the charter of a building association organized in 1888, before the enactment of Ky. St. § 4225, upon the original capitalization of which no organization tax had been imposed, held to create a new corporation, subjecting the original capital to such a tax. -Id. 4 (Ky.) The "Home and Savings Fund Company," an existing corporation, which changed its name merely by adding the words "Building Association," to comply with Ky. St. § 856, did not thereby become a new corporation.Avery Bldg. Ass'n v. Commonwealth, 179 S. W. 39. BUILDING CONTRACTS. See Damages, 78. BULK SALES. See Constitutional Law, 87, 240; lent Conveyances, 3, 229, 314. BURDEN OF PROOF. See Criminal Law, 330. BURGLARY. Rev. St. 1911, art. 6670, that the Railroad Commission shall establish rules against unjust discrimination against freight destined to a connecting carrier.-Consumers' Lignite Co. v. Houston & T. C. R. Co., 179 S. W. 306. Under rule 2 of the Railroad Commission, held, that a carrier was not excused, by reason of local custom to observe the following Monday, from duly transporting freight on Monday, because Sunday, as March 2d, was a legal holiday.-Id. Reply by chairman of Railroad Commission to an inquiry by railroad company as to whether the following Monday would be recognized as free time, when Sunday was also a legal holiday, held not to show a rule of the Commission to that effect.-Id. 20 (Tex.Civ.App.) Where a railroad company unreasonably delays a shipment destined to a connecting carrier, the shipper's remedy is under subdivision 2, and not subdivision 1, of Rev. St. 1911, art. 6670.-Consumers' Lignite Fraudu- Co. v. Houston & T. C. R. Co., 179 S. W. 306. (B) Interstate and International Trans portation. 32 (Tex.Civ.App.) An agreement of the agent of a carrier to reimburse the plaintiff for damages suffered by injury to goods in shipment is not an agreement for a rebate, sufficient to make it discriminatory within the interstate commerce law.-Missouri, K. & T. Ry. Co. of Texas v. A. E. Want & Co., 179 S. W. 903. II. CARRIAGE OF GOODS. See Criminal Law, 200, 404, 511, 517. II. PROSECUTION AND PUNISHMENT. 41 (Ky.) On a trial for breaking into a railroad depot with intent to steal, the mere breaking and the taking of goods from the depot proves the motive actuating the commission of 39 (Ark.) Where an unprecedented rush of the crime.-Richardson v. Commonwealth, 179 S. W. 458. On a trial for breaking into a railroad depot with intent to steal, evidence held sufficient to support a conviction.-Id. BYSTANDERS. See Criminal Law, 1111. CANCELLATION OF INSTRUMENTS. II. PROCEEDINGS AND RELIEF. 47 (Tex.Civ.App.) Testimony of seeking cancellation of note to bank for fraud held open to a construction rendering her agreement with the cashier of the bank not fraudulent as to the bank so as to defeat relief.-Lockney State Bank v. Damron, 179 S. W. 552. 4; Evidence, 366; Imprisonment, 15, 24; Judgment, (A) Delivery to Carrier. business occurs, the carrier is not bound to accept goods until the emergency has been removed.-St. Louis, I. M. & S. R. Co. v. Laser Grain Co., 179 S. W. 189. 45 (Mo.App.) A shipper was not entitled to a mandatory injunction requiring an express company to deliver liquor shipments C. O. D., since it was compelling the express company to contract against its will in a matter having nothing to do with its duty as a common carrier.-Danciger v. American Express Co., 179 S. W. 797. (B) Bills of Lading, Shipping Receipts, and Special Contracts. 53 (Ark.) A bill of lading is the symbol of the property described therein, and its delivery by the consignor to a bank with draft attached is equivalent to a delivery of the property so far as they are concerned.-Vehicle Supply Co. v. McInturff, 179 S. W. 999. Defendant, wrongfully receiving goods and converting them to its own use, by applying the proceeds to a debt due from the consignor, did not stand in the position of a third person acquiring rights without notice as against a bank to whom consignor had indorsed bill of lading with draft attached.-Id. 69 (Tex. Civ.App.) Evidence, in an action for damages for deterioration of goods shipped, held to warrant submission of the issue whethFalse er defendant's agent, who assumed to compro597; mise a claim, had been held out to shippers and |