APPENDIX

I.

OPINIONS NOT REPORTED.

Bowman v. Ragsdale; appeal from Columbia Chancery Court; James M. Baker, Chancellor; affirmed June 2, 1919, per MCCULLOCH, C. J.

The Augusta Cooperage Co. v. Porham; appeal from White Circuit Court; J. M. Jackson, Judge; affirmed June 16, 1919, per HART, J.

Fort Smith Lumber Co. v. Baker; appeal from Yell Circuit Court, Dardanelle District; J. T. Bullock, Special Judge; affirmed June 16, 1919, per SMITH, J.

Walker v. Meyer; appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; affirmed, June 30, 1919, per SMITH, J.

Doane v. Rising Sun Mining Co.; appeal from Boone Chancery Court; B. F. McMahan, Chancellor; affirmed June 23, 1919, per HART, J.

Satterwhite v. State; appeal from Clark Circuit Court; George R. Haynie, Judge; affirmed July 14, 1919, per Smith, J.

II.

CASES DISPOSED OF ON MOTION.

Fraternal Aid Union v. Stephen H. Barringer; Ashley Circuit Court; Turner Butler, Judge; settled and appeal dismissed in accordance with stipulations filed, June 9, 1919; per curiam.

Clyde A. Walb v. C. W. Tipton; Mississippi Circuit Court, Chickasawba District; R. H. Dudley, Judge; reversed and remanded on confession of error, June 9, 1919; per curiam.

Mrs. E. F. Peebles v. A. H. Walker; White Chancery Court; J. E. Martineau, Chancellor; settled and appeal dismissed on appellant's motion, June 9, 1919; per curiam.

A. M. Malone and A. M. Dobbs v. Sebastian State Bank et al.; Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; settled and appeal dismissed on appellants' motion, June 16, 1919; per curiam.

E. H. Bost v. Johnson County ex rel. H. H. Ragon, prosecuting attorney; Johnson Circuit Court; A. B. Priddy, Judge; settled and appeal dismissed by consent, June 30, 1919; per curiam.

Joe Beaty v. The State of Arkansas; Hempstead Circuit Court; Geo. R. Haynie, Judge; appeal dismissed July 14, 1919, on suggestion of appellant's pardon subsequent to lodgment of transcript; per curiam.

INDEX

ACCOUNT:

itemized and sworn statement may be introduced. Thompson v.
Guthrie Mill & Elevator Co., 128.

ACTIONS:

money obtained by false representations, action not cognizable in
equity. Rinehart and Gore v. Rowland, 90.
complaint held not to state equitable cause.

ADMINISTRATION:

Id.

administrator should bring foreclosure, when. Swinton v. Cuff-
man, 121.

APPEAL AND ERROR:

jurisdiction of circuit court on appeal from county court. Wash-
ington Fire Ins. Co. v. Hogan, 130.

Id.

verdict; sufficiency of the evidence. Nelson v. State, 13.
failure to save exceptions on matters urged for reversal.
pleadings will not be treated as amended, on appeal, so as to
allege a fact which appears only inferentially. Smith v. Buck-
eye Cotton Oil Co., 32.

cross-appeal, duty to abstract. Johnson County v. Bost, 35.
reversal and remand of cause, with directions to foreclose a deed
of trust; what interest is allowable. Hollenberg Music Co. v.
Williams, 80.

reversal and remand with directions to enter decree for certain
amount; order can not be changed on second appeal. Id.
selection of forum, effect of lack of jurisdiction. Rinehart and
Gore v. Rowland, 90.

effect of improper transfer to equity; objections; practice. Id.
invited error. Id.

instruction to find for a certain defendant; effect of verdict not
finding for said defendant, but finding against other named de-
fendants, omitting the former from the verdict. Ft. Smith
I. & S. Mills v. Southern Round Bale Press Co., 101.
defect of parties; duty to raise objection below; effect of failure.
Swinton v. Cuffman, 121.

surplusage in testimony; admission of books. Id.

action for damages to shipment of live stock; instruction; harm-
less error.
Mo. Pac. Rd. Co. v. Martindale, 143.

APPEAL AND ERROR-Continued.

theory of defense on appeal. Id.

right of parties to specific instruction covering his theory of the
case. Malone v. State, 385.

effect of court setting aside a judgment and re-entering same
after lapse of the term. Baxley v. Watson, 408.
burden to prove error. Id.

presumption on appeal where there is no bill of exceptions. Id.
bill of exceptions is necessary, when. Id.

burden of proof to establish right to injunctive relief. Ahrent
v. Sprague, 416.

sufficiency of the evidence on appeal. K. C. S. Ry. Co. v. Road
Dist. No. 6, 424.

assessment of benefits of road district. Id.

ASSAULT WITH INTENT TO KILL: See HOMICIDE.

ATTORNEY AND CLIENT:

contract between, in personal injury claim is ambiguous, when.
Johnson v. Mo. Pac. Rd. Co., 507.

practice under above. Id.

right of client to make settlement. Id.

contract for fee; advance of costs by attorney; validity of con-
tract. Id.

BANKRUPTCY:

claim against a member of a partnership. Beal-Burrow D. G. Co.
v. Talburt, 113.

acceptance of dividend; waiver of security. Id.

acceptance of partnership dividend; waiver of claim against a
partner. Id.

BANKS AND BANKING:

liability of stockholders for debts of bank. Holyfield v. Davis,

479.

withdrawal of stock and notes given for stock. Id.

insolvency, liability of stockholders to creditors. Id.

BOND FOR TITLE:

See Hanson v. Brown, 60.

effect of. Manwaring v. Farmers Bank of Commerce, 218.

BOUNDARIES:

doctrine of recognition of, not applicable, when.
Mallory, 83.

Glasscock v.

BRIDGES:

Missouri and Arkansas Highway. Van Dyke v. Mack, 524.
across White River in Jackson County. Id.

BURDEN OF PROOF: See REFORMATION OF INSTRUMENTS.

CARRIERS:

injury to live stock; shipper must show what. Mo. Pac. Rd. Co.
v. Martindale, 143.

burden of proving negligence. Id.

carrier of live stock liable to what extent. Id.

unreasonable delay in transportation. Id.

interstate shipment; time for claim and suit. Id.

interstate shipment; time for notice. Id.

injury to article shipped as freight, which is inherently defective,
although not observable by ordinary inspection. Burke Const.
Co. v. St. L. & S. F. Rd. Co., 199.

same, instruction. Id.

delay in shipment of freight; movement of cars, proof. Hudgins
Produce Co. v. Mo. Pac. Rd. Co., 363.

presumption that delivering carrier was dilatory. Id.

CERTIORARI:

date of rendition of judgment; practice, when record shows same
rendered in vacation. Hilger v. J. R. Watkins Med. Co., 400.
certiorari issues to quash a judgment rendered in vacation, when.
Id.

CLERKS OF COURTS:

fees; penalty for extortion. Johnson County v. Bost, 35.
judgment for county against circuit clerk. Id.

errors in accounts; circuit clerk; court may reconsider and adjust,
when.

Id.

illegal exactions by circuit clerk from county; remedy. Id.
systematically padded accounts; equity jurisdiction. Id.

COLLATERAL ATTACK:

upon de facto officer of improvement district. Dickinson v. Cy-
press Creek Drainage District, 76.

appeal from assessments in an improvement district can not at-
tack organization. K. C. S. Ry. Co. v. Road Dist. No. 6, 424.

COMPROMISE AND SETTLEMENT:

agreement in sub-lease; effect of agreement to terminate. Simon-
son v. Patterson, 106.