INTENT.
See "Homicide."
In an indictment for murder a conversation between two per-
sons is competent to contradict one of the persons, he hav-
ing testified to a different state of facts from those used in
the conversation. State v. Hall, 1094.
Where a person is killed by the accidental discharge of a gun,
in an attempt by another person to execute an unlawful pur-
pose, the person making the attempt is guilty of man-
slaughter. State v. Hall, 1094.
If at any time during an assault by a man on a woman he has
an intent to ravish her, he is guilty of an assault with in-
tent to commit a rape. State v. Mehaffey, 1062.
INTEREST.
See "Payments;" "Usury."
The receipt of interest in advance from the principal debtor
after maturity of the debt is prima facie evidence of an
extension of time and releases the surety. Revell v. Thrash,
803.
INTERPLEADER.
In an action on an insurance policy, an intervenor who claims
the insurance has the burden of establishing his right
thereto. Maynard v. Ins. Co., 711.
INTOXICATING LIQUORS.
In a prosecution for retailing liquor without a license, a special
verdict which fails to find that the defendant did not have
a license to sell is not sufficient to sustain a judgment of
guilty. State v. Bradley, 1060.
Under Acts 1901, Chap. 9, Sec. 83, and Chap. 7, Sec. 58, a liquor
purchase tax should be assessed on the amount paid for
the liquor and is not subject to deduction by the amount
of the internal revenue tax. Williams v. Com'rs, 300.
J
JUDGE. See "Trial."
JUDGMENTS. See "Courts;" "Records;" "Federal Questions."
The recital in a decree of confirmation of a sale of land that
the matter in controversy was heard before the date set for
hearing by consent of parties is conclusive of that fact.
Smith v. Huffman, 600.
Where, in an action to sell land for assets, the administrator
alleges that certann real property belonged to the deceased,
and a party having a deed to the same, being a party to
the action, fails to set up title thereto, he is estopped by the
order of sale and decree of confirmation. Smith v. Huff-
man, 600.
The assignee of a judgment for value acquires no greater rights
than the assignor had. Ricaud v. Alderman, 62.
Acquiscence in a judgment waives the failure to file a com-
plaint. McLeod v. Graham, 473.
Where a judgment states that a summons had been served, but
the court records show that it had not been served, and the
trial judge so finds, the original judgment will be corrected
so as to show that the summons was not served. Ricaud
v. Alderman, 62.
On a motion by an administrator to set aside a judgment by a
creditor of the estate upon an alleged irregularity of the
judgment, the distributees cannot intervene. McLeod v.
Graham, 473.
Where a final judgment on the merits of a case is rendered on
demurrer, the fact that the trial court permits the plaintiff
to amend his complaint does not affect the conclusiveness
of the judgment. Willoughby v. Stevens, 254.
A judgment in an action for the balance due on a mortgage note
after sale under the power given in the mortgage, the de-
fendant having failed to plead as a counter claim the pur-
chase by the mortgagee, does not estop the mortgagor from
pleading this counter claim in a subsequent action. Mauney
v. Hamilton, 303.
The facts set forth in the opinion in this case do not constitute
sufficient ground upon which to set aside a judgment for
excusable neglect. Pepper v. Clegg, 312.
A judgment of a justice of the peace is not competent evidence
without proof of his handwriting. Patterson v. Freeman, 357.
Where new evidence is discovered during the term at which a
case is tried, but too late for the trial court to hear a mo-
tion for a new trial at that term, such motion may be made
in the Supreme Court. Turner v. Davis, 187.
In an action submitted without controversy no prayer for judg-
ment is necessary. Williams v. Com'rs, 300.
After an award has passed into final judgment, it is too late to
contest the same for alleged mistake in calculation of arbi-
trator, or that the arbitration had not been made a rule
of court, or that the amount was agreed upon by the parties,
or that the reference to arbitration was invalid. For an
eroneous judgment the only remedy is by appeal. McLeod
v. Graham, 473.
JUDGMENTS-Continued.
Where a judgment against a principal and the sureties on a
note is paid by the sureties, and an assignment thereof is
made to a trustee for the benefit of the sureties, but by a
mistake payment is entered on the judgment record which
is afterwards corrected by the entry thereon of the assign-
ment, a person taking a mortgage on the property of the
judgment debtor, after the assignment is entered on the
record, takes with notice of the assignment. Patton v.
Cooper, 791.
JUDICIAL SALES.
The recital in a decree of confirmation of a sale of land that
the matter in controversy was heard before the date set
for hearing by consent of parties is conclusive of that fact.
Smith v. Huffman, 600.
Where real estate is sold under order of the court, the decree
must provide for investment of the fund in such way as
the court may deem best for the protection of all persons
who have or may have remote or contingent interests.
Springs v. Scott, 549.
JURISDICTION.
Where an action is wrongfully brought before the clerk of the
superior court and is taken to the superior court by appeal,
the superior court having original jurisdiction, it will be
retained for hearing. Springs v. Scott, 549.
A motion for non-suit treated as a motion to dismiss for want
of jurisdiction may be made after verdict. Parker v. Ex-
press Co., 128.
In an action for the recovery of a title deed, an allegation in
the answer that title to real property is involved, without
any proof thereof, does not oust the jurisdiction of a justice
of the peace. Pasterfield v. Sawyer, 258.
Where a complaint does not state the sum demanded and a
verdict is rendered for less than $200, the trial court may
allow the complaint to be amended after verdict so as to
make the claim more than $200, and the superior court has
jurisdiction if the claim was made in good faith. Boyd v.
Lumber Co., 184.
A justice of the peace has jurisdiction of an action on a note
given for a contract to convey land, the only defense being
that payments had been made on the note. Patterson v.
Freeman, 357.
Whenever any civil action or special proceeding begun before a
clerk of the superior court shall be for any ground what-
ever sent to the superior court, the said court shall have
jurisdiction, although the proceedings originally had before
the clerk were a nullity. In re Anderson, 243.
Where a person sues an express company before a justice of
the peace for breach of a contract for failing to deliver a
package and upon appeal the jury finds that the defendant
"negligently" failed to deliver the package, the action is
for breach of contract, and a justice of the peace has juris-
diction if the amount sued for is less than $200. Parker v.
Express Co., 128.
JURY.
It is not error, though an unusual practice, for the trial judge,
in the absence of counsel, to go to the jury room and in-
quire whether the jury were likely to agree. Willeford v.
Bailey, 402.
In an indictment for murder, where the State stands aside a
number of the special veniremen, it is not error for the trial
court, after the special venire is exhausted to have the
names of those stood aside placed in a hat and drawn again,
instead of having them called in the order in which they
had been stood aside. State v. Utley, 1022.
A juror is not disqualified by having a suit pending and at issue
in court unless it is to be tried at the same term at which
he is drawn to serve. State v. Spivey, 989.
That a special venire had been drawn by a boy over 10 years
of age and five of the venire had served as jurors should
have been taken advantage of by a challenge to the array
or a motion to quash the panel before the jury was sworn,
and not by a motion in arrest of judgment. State v. Parker,
1014.
Where a prisoner and his counsel consent to the attendance of
the jury at church, and the minister in his sermon says
nothing calculated to influence the jury in the decision of
the case, such attendance is not error. State v. Barrett,
1005.
The trial judge may excuse a juror, before the jury is em-
panneled, although the solicitor has passed him to the
prisoner and has not challenged him for cause. State v.
Vick, 995.
Where a juror in a capital case states that he is opposed to
capital punishment and has religious scruples against acting
as a juror therein, the trial court should excuse him. State
v. Vick, 995.
JUSTICES OF THE PEACE.
In an action for the recovery of a title deed, an allegation in
the answer that title to real property is involved, without
any proof thereof, does not oust the jurisdiction of a justice
of the peace. Pasterfield v. Sawyer, 258.
Under Acts 1901, Chap. 28, an appeal from a justice of the peace
in a civil action should be docketed at the next term of the
superior court, though it be a criminal term. Johnson v.
Andrews, 376.
A judgment of a justice of the peace is not competent evidence
without proof of his handwriting. Patterson v. Freeman, 357.
A justice of the peace has jurisdiction of an action on a note
given for a contract to convey land, the only defense being
that payments had been made on the note. Patterson v.
Freeman, 357.
Where a person sues an express company before a justice of
the peace for breach of a contract for failing to deliver a
package and upon appeal the jury finds that the defendant
"negligently" failed to deliver the package, the action is
for breach of contract, and a justice of the peace has juris-
diction if the amount sued for is less than $200. Parker v.
Express Co., 128.
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LANDLORD AND TENANT.
See "Crops."
A lessee may sue for injuries to his leasehold without making
the lessor a party. Dale v. Railroad, 705.
If a tenant aids and abets a sub-tenant in removing a crop,
before paying the lien of the landlord, he is guilty of a mis-
demeanor. State v. Crook, 1053.
Hay is ordinarily embraced in the word "crop" as used in Sec.
1754 of The Code. But not, it seems, when it is merely a
spontaneous growth as crab grass, sprung up after another
crop is housed. State v. Crook, 1053.
LEGACIES AND DEVISES. See "Descent and Distribution;"
"Wills."
A contract between two legatees whereby one of them agrees to
pay a bequest to the other is void. Mitchell v. Mitchell, 350.
A devise to a creditor does not operate as a satisfaction of a
debt due from the testator to such creditor. Baptist Uni-
versity v. Borden, 477.
A widow is entitled to receive securities representing advan-
tageous investments as a part of her distributive share of
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