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against any one of the defendants; and the incorporated under Acts 1895, c. 208, and Acts allegation that they conspired together does 1909, c. 127, cannot complain of those acts that not authorize the maintenance of the action they discriminate against individuals and partwhen plaintiff could not maintain it against one nerships in favor of corporations, contrary to defendant if sued alone.--Id.
Const. U. S. Amend. 14, and Const. Tenn. art.
1, § 8.--Noell v. Tennessee Eastern Power Co., (B) Actions.
169 S. W. 1169. 8 18 (Mo.) In a civil action for a conspiracy, $ 43 (Ark.) In cases where the state's power involving breach of contract and slander and as to foreign corporations, not engaged in inlibel as a means of accomplishing the injury, al- terstate commerce, is absolute, a foreign corlegations that one of the defendants did not par: poration availing itself of the right to do busiticipate in any such libels or slanders, but that ness in the state cannot question the constituanother defendant communicated the alleged tionality of any condition attached to its adslanders to him, held inconsistent with plain- mission.-State v. Hodges, 169 S. W. 942. tiff's theory of an actionable conspiracy.-Dar
$ 48 (Ark.) In construing a statute, all doubts row v. Briggs, 169 S. W. 118. The gist of the action is the damage which and the party attacking it has the burden of
are resolved in favor of its constitutionality, plaintiff has sustained by the acts of defend- showing its invalidity -State v. Hodges, 169 ants, and the conspiracy or combination is noth: S. W. 342. ing, so far as sustaining the action goes, and the allegations thereof need not be proven.-Id.
8 48 (Mo.) A statute will be declared unconPetition in a civil action for conspiracy, in: stitutional only when it appears beyond a reavolving breach of contract and slander and li- sonable doubt that it conflicts, and cannot be þel as the means of accomplishing
the injury, reconciled, with the Constitution.-Kansas City held to violate Rev. St. 1909, $ 1794, requiring v, St. Louis & Kansas City Land Co., 169 S.
W. 62. a plain and concise statement of the facts constituting a cause of action, even if not demur- $ 48 (Tex.Civ.App.) It will not be presumed rable under section 1800.--Id.
that the Legislature intended an act to be so
construed as to render it unconstitutional.II. CRIMINAL RESPONSIBILITY. State v. Post, 169 S. W. 401. (A) Offenses.
III. DISTRIBUTION OF GOVERN$ 40 (Ky.) The dismissal of an indictment
MENTAL POWERS AND against one of two conspirators does not pre
FUNCTIONS. vent a conviction of the other under the rule that two guilty persons are necessary to a (A) Legislative Powers and Delegation
Thereof. conspiracy.-Rutland v. Commonwealth, 169 S. W. 584.
$ 52 (Ark.) Acts 1913, p. 465, authorizing
the bank commissioner to administer the affairs (B) Prosecution and Punishment.
of insolvent banks, is not unconstitutional as § 43 (Ky.) Indictment for conspiring to false infringing on the constitutional jurisdiction of ly accuse a person of a crime for the purpose the chancery courts.-Greer v. Merchants & of extortion held not defective for failure to al- Mechanics' Bank, 169 S. W. 802. lege that another conspirator knew of the falsi- 8 62 (Tenn.) Indeterminate sentence law, auty of the charge.-Rutland v. Commonwealth, thorizing prison commissioners to grant pa169 S. W. 584.
roles, held not objectionable as conferring leg
islative power on the board.-Woods v. State, CONSTITUTIONAL LAW.
169 S. W. 558.
8 62 (Tex.Civ.App.) The Legislature may See Corporations, 88 636, 641; Counties, 88 15312. 162; Criminal Law, g'126; Eminent properly leave to the discretion of the Railroad
Commission the manner in which railroad comDomain, $82, 167 ; Highways, 88 122, 130; Homestead, ç '96; Officers, 84; Pardon, $ 2; panies shall perform their duties to furnish adeProhibition, $ 3; Statutes, &$ 107–122; Wit- Southplains R. Co. v. Railroad Commission of
facilities.-Crosbytonnesses, § 298.
Texas, 169 S. W. 1038. II. CONSTRUCTION, OPERATION, (B) Judicial Powers and Functions. AND ENFORCEMENT OF CONSTITUTIONAL PROVISIONS.
874 (Ark.) Under the special act creating the
St. Francis drainage district (Acts 1905, p. 444) 8 42 (Ark.) Const. art. 12, § 11, held to apply authorizing the district board to elect a district only to corporations within the state in pursu- engineer for the term of two years, the courts ance of its laws; and hence a foreign corpora- cannot enjoin the board from employing a certion, whose license had been revoked for the re: tain engineer who had been elected.--Seitz v. moval of a cause, under Act May 13, 1907, could Meriwether, 169 S. W. 1175. not set up the unconstitutionality of the act.State y. Hodges, 169 S. W. 942.
(C) Executive Powers and Functions. A foreign corporation, whose authority to do 8 80 (Tenn.) Indeterminate sentence law held business in the state has been revoked under Act not unconstitutional as conferring on the board May 13, 1907 (Laws 1907, P: 744), for removing of prison commissioners judicial powers.a suit to a federal court, which act was in force Woods v. State, 169 S. W. 558. when it was admitted to do business in the state, could not claim to be a person within the jurisdiction of the state denied the equal protection (B) Contracts of States and Municipalities.
VII. OBLIGATION OF CONTRACTS. of the laws.-Id.
$ 42 (Ky.) That, if the Drainage Act were $ 140 (Tex.Civ.App.) An order of the comheld invalid upon objection by a municipality or missioners' court reducing the treasurer's comrailroad company, as denying them the equal pensation for past services held_void.-Montprotection of the laws, the burden upon the gomery County v. Talley, 169 S. W. 1141. private landowner would be increased thereby, does not give him such an interest in that ques
IX. PRIVILEGES OR IMMUNITIES, tion as entitles him to raise the objection in a
AND CLASS LEGISLATION. suit to enjoin the organization of a district. $ 206 (Ky.) A rule of the Board of Pharmacy Shaw v. Board of Drainage Com’rs of Daviess requiring an applicant for reciprocal registraCounty, 169 S. W. 859.
tion as a druggist on a foreign certificate to 8 42 (Tenn.) An owner, whose land is sought have been a bona fide resident and engaged in to be condemned by an electric power company the retail drug business in such other state for
one year before examination is not in violation , deprivation of property without due process of Const. U. S. Amend. 14.-King v. Kentucky of law.-State v. Hodges, 169 S. W. 942. Board of Pharmacy, 169 S. W. 600.
CONSTRUCTION. X. EQUAL PROTECTION OF LAWS. $ 211 (Ky.) The equal protection clause of See Bills and Notes, $ 121; Constitutional Law,
88 42-48; Contracts, 88 147-189; Covenants, the federal Constitution is not violated unless
39; Deeds, $8 93–168; Insurance, $ 152 ; there has been exacted from the complaining,
Landlord and Tenant, § 37; Mortgages, 88 party a charge not imposed on others who acquired similar rights in substantially the same
139–173; Statutes, 88 226-243; Trial, $8 295, manner.-Postal Telegraph Cable Co. v. City
296; Trusts, 88 131, 152; Wills, 88 88, 439
695. of Newport, 169 S. W. 700.
8 228 (Mo.) That lot owners whose properties CONSTRUCTIVE TRUSTS. were assessed for benefits from the widening of See Trusts, $$ 95-110. a street were not afforded an opportunity to be heard on the question of damages did not violate the constitutional guaranty of equal pro
CONTEST. tection of the law, where none of their prop. See Elections, $8 293-305. erty was condemned.-Kansas City y. St. Louis & Kansas City Land Co., 169 S. W. 62.
CONTINGENT FEES. $ 230 (Ky.) Where a telegraph company was granted a license to use the streets of a city for See Attorney and Client, $ 150. a fee of $100 a year, it was not exempt from such payment because other companies were
CONTINUANCE. granted the same right on less onerous terms, See Criminal Law, 88 589, 590, 594-596, 598, thereby denying the equal protection of the
600, 603, 1166. laws.-Postal Telegraph Cable Co. v. City of Newport, 169 S. W. 700.
$ 14 (Ky.) Under Civ. Code Prac. § 136, con
tinuance need not be granted for amendment of XI. DUE PROCESS OF LAW. the petition making no material change. — $ 251 (Mo.) “Due process of law” means law Moore's Adm’r v. Pierce, 169 S. W. 620. in the regular course of administration through
$ 22 (Tex.Civ.App.) Denial of an application the courts, and is equivalent to the term "law held not erroneous.--Schubert v. Voges, 169 S. of the land," depending on service, to wit, no
W. 409. tice.-Wilcox v. Phillips, 169 S. W. 55.
CONTRACTS. 8 251 (Tex.Civ.App.) Want of due process of See Account Stated; Appeal and Error, $8 56, law may arise either from the fact that the law
80, 1009; Assignments; Bills and Notes ; attempted to be enforced is void or that the
Brokers; Cancellation of Instruments; Carforms of law have not been observed.-Crosbyton-Southplains R. Co. v. Railroad Commission
riers, $868, 147, 228, 247, 254–267 ; Cham
perty and Maintenance; Chattel Mortgages; of Texas, 169 S. W. 1038.
Commerce, 8 8; Compromise and Settlement; $ 270 (Tenn.) Indeterminate sentence law is Conspiracy, § 18; Constitutional Law, § 140; not unconstitutional, as depriving a person con Covenants; Damages, $$ 40, 81, 117; Deeds; victed of an offense and sentenced thereunder
Descent and Distribution, $ 82; Dower, $ 37; of his liberty without due process of law. Evidence, 88 413–460; Exemptions, Š 2; Woods v. State, 169 S. W. 558.
Frauds, Statute of; Husband and Wife, Š 85 ; $ 275 (Mo.) Rev. St. 1909, $8 4780, 4781, pro Indemnity; Infants, $ 47; Insurance; Jushibiting dealing, in options, and section 4782, tices of the Peace, 44; Marriage; Master forbidding the keeping of an office, store, or and Servant, $ 3; Mechanics' Liens, § 57; other place for the purpose of dealing in op Monopolies, $12; Mortgages; Partnership; tions, do not violate Const. U. S. Amend. 14, Pleading, $ 177; Principal and Agent; Prinor Const. art. 2, § 30, as depriving one of his cipal and Surety; Reformation of Instruliberty and property without due process of ments; Release; Sales; Specific Performance; law.-State v. Long, 169 S. W. 11, 12.
Subrogation; Telegraphs and Telephones, $ 281 (Mo.) That lot owners whose properties 56; Vendor and Purchaser. were assessed for benefits from the widening of a street were not afforded an opportunity to be
1. REQUISITES AND VALIDITY. heard on the question of damages did not vio (A) Nature and Essentials in General. late the constitutional guaranty of due process of law, where none of their property was con-chased an interest in a general merchandise
8 10 (Ark.) Contract whereby plaintiff purdemned.-Kansas City v. St. Louis & Kansas business for a certain sum, in consideration of City Land Co., 169 S. W. 62.
which the seller agreed to bring plaintiff his $ 284 (Ky.) Drainage Act, $$ 4, 15, 31, 35, furnishing trade, consisting of merchandise to held not to deny due process of law.-Shaw v. be furnished his hands and tenants, held not Board of Drainage Com’rs of Daviess County, void for want of mutuality.-Wilkes v. Stacy, 169 S. W. 859.
169 S. W. 796. $ 297 (Ark.) The property of a railroad com $ 10 (Tex.Civ.App.) A contract between an pany is not taken without due process by an owner of oil lands and an oil company giving order of the Railroad Commission requiring the the company the right to bore for oil, or to pay relocation of a station at a new point, though
a quarterly rental, or to surrender the grant the expense of establishing the station at the at any time upon the payment of $5 to the new point was greater than that of rebuilding it owner, held a unilateral contract void for want at the old location, where the Commission gave of mutuality; the $5 being merely a nominal the railroad company a hearing and the dif- consideration.-Owens v. Corsicana Petroleum ference in the expense was not so great as to Co., 169 S. W. 192. make the order unreasonable and arbitrary.St. Louis, I. M. & S. Ry. Co. v. Bellamy, 169 (F) Legality of Object and of considS. W. 322.
eration. 8 308 (Ark.) Act May 13, 1907 (Laws 1907, $ 128 (Ky.) An intimation or threat to prosp. 744), providing that if any foreign corpora ecute will not, in all cases, avoid a contract tion, without the consent of the other party to made by a defaulter to make reparation to the any suit against it in the state, shall remove person injured by his misdoing, if there is no it to any federal court, its authority to do busi- agreement not to prosecute.- Higgins v. Soness in the state shall be revoked, held not a wards, 169 S. W. 554.
II. CONSTRUCTION AND OPERA- ceeds, the trust deed must be construed as manTION.
datory, and the property is at once considered (A) General Rules of Construction.
as converted into personalty, so that deceased's
widow will be entitled to one-half of the pro$ 147 (Ark.) The object in construing a con- ceeds.-Collins v. Combs, 169 S. W. 721. tract is to arrive at the intention of the par
§ 22 (Ky.) Deceased by trust deed having ties, as shown by the circumstances, the situa converted land into money, his widow held ention of the parties, and the natural sense of the titled to one-half thereof.-Collins v. Combs, words.-Hastings Industrial Co. v. Copeland, 169 S. W. 721. 169 S. W. 1185. 8170 (Ky.) The rule that, where a contract is verted into personalty by will, it will be recon
$ 22, (Mo.) While real property may be consusceptible of two interpretations, weight will verted where the ultimate owner under the will, be given to contemporaneous interpretation by being sui juris, elects to take it in its original the parties does not apply where the contract condition before sale.--De Lashmutt v. Teetor, is unambiguous and the parties' conduct in 169 S. W. 34. their essential relations has been consistent with
Where property was devised to trustees to sell its terms.-Clarke v. Rogers, 169 S. W. 485. and pay the proceeds to testator's executors for
$ 171 (Tex.Civ.App.) An entire contract de distribution, the trustees having failed to sell fined (citing Words and Phrases, vol. 3, p. 2411). the land, it was reconverted into realty.-Id. -Del Curto v. Billingsley, 169 S. W, 393. § 176 (Ark.) Where words of latent ambi
CONVEYANCES. guity, technical terms, or terms which by cus See Assignments; Deeds; Fraudulent Convey. tom and usage are used in a contract in a sense other than their ordinary meaning, the sense
ances; Partition. in which they are used may be submitted to the jury.-Wilkes v. Stacy, 169 S. W. 796.
CONVICTS. (C) Subject-Matter.
See Homicide, $ 257; Pardon, $ 2. $ 189 (Ky.) An agreement by defendant, who
COPIES. purchased plaintiff's stock in a corporation, to save plaintiff from all obligations as a stock. See Criminal Law, $ 430; Evidence, & 177. holder, held to require defendant to discharge obligations of the company without recourse to
CORPORATIONS. a third person, who, while a surety on notes of the company, had transferred the stock to See Banks and Banking; Bills and Notes, $8 plaintiff under an agreement that plaintiff 106, 343, 375; Carriers; Commerce, $ 13; should hold him harmless.-Ward v. Kirch- Constitutional Law, $8 42, 43, 308; Evidence, dorfer, 169 S. W. 507.
$$ 434, 471;. Indemnity, s 13; Insurance;
Jury, $8 19, 25; Limitation of Actions, $$ 35, V. PERFORMANCE OR BREACH. 59; Master and Servant, § 88; Monopolies; $ 305 (Ark.) Where a landowner, who knew Municipal Corporations; Nuisance, & 64; Oblittle about wells, accepted one dug by plaintiff, structing Justice, $ 5; Pleading, § 428; Quo relying upon his superior knowledge and skill, Warranto, 8 1; Railroads; Receivers, $ 92; such acceptance does not preclude the land- Removal of Causes, $ 3; Street Railroads; owner from setting up that the well was not
Taxation, 88 142, 168, 366; Telegraphs and properly constructed.-Dutton v. Million, 169 S. Telephones; Witnesses, 88 16, 306. W. 1183. $ 323 (Ark.) Whether there was a failure of
I. INCORPORATION AND ORGANconsideration because a well was not properly
IZATION. constructed held under the evidence for the jury. $ 29 (Ky.) Under Ky. St. $. 566, insurance --Dutton v. Million, 169 S. W. 1183.
companies which have insured the stock of mer
chandise of a corporation cannot attack the VI. ACTIONS FOR BREACH.
validity of its organization.-Hamburg-Bremen $ 332 (Ark.) Complaint in an action for Fire Ins. Co. of Hamburg, Germany, v. Ohio breach of contract, whereby defendant agreed Valley Dry Goods Co.'s Trustee, 169 S. W. to bring plaintiff his entire furnishing trade 724. for a certain time, held sufficient.-Wilkes v. Stacy, 169 S. W. 196.
IV. CAPITAL, STOCK, AND DIVI
DENDS. $ 353 (Ark.) Ordinarily it is the duty of the court in the trial of cases to construe a written
(B) Subscription to Stock. contract and declare its terms and meaning to $ 77 (Ark.) Construction placed upon a con. the jury.-Wilkes v. Stacy, 169 S. W. 796. tract of subscription by the parties treating it
as a conditional subscription held binding on CONTRADICTION.
them.-Hastings Industrial Co. v. Copeland, 169 See Witnesses, $ 410.
S. W. 1185.
$ 80 (Ky.) In a suit to rescind a purchase of CONTRIBUTORY NEGLIGENCE.
the corporate stock of defendant, evidence held
insufficient to show that plaintiff, the purchasSee Negligence, $ 97.
er, was a victim of fraud.-Yenawine v. Ty.
crete-Concrete Products Co., 169 S. W. 594. CONVERSION.
$ 80 (Tex. Civ.App.) In a suit to set aside a See Trover and Conversion,
subscription to stock, an allegation held to suffi
ciently show that plaintiff was damaged by the $11 (Ky.) While the rule of equitable con- false representations.-Commonwealth Bonding version is applicable to deeds as well as wills, & Casualty Ins. Co. v. Bomar, 169 S. W. 1060. a deed of trust, with power to sell, will not Plaintiff's petition held not fatally defective work an immediate equitable conversion, un- because it did not charge that the whole amount less there is an absolute direction to sell in- of the stock had never been actually paid for.stead of a mere discretionary power.-Collins Id. v. Combs, 169 S. W. 721.
$81 (Ark.) A contract whereby the subscriber $ 13 (Ky.) Where deceased, contracting for to stock of a creamery was to be allowed a cer. the platting of a tract of land and for sale of tain sum per day for hauling held not void for lots, conveyed the property to a trustee, direct- indefiniteness.-Hastings Industrial Co. v. Copeing him to make the sale and collect the pro- land, 169 S. W. 1185.
(D) Transfer of Shares.
it was a preference, evidence held sufficient to § 123 (Tex.Civ.App.) In a suit to recover
show that the officers executing the conveyance
were authorized to make conveyances.--Interstock pledged to secure a debt, and transferred by the pledgee, the admission in evidence of a national Life Ins. Co. v. Vaughan, 169 S. W. letter written defendant by plaintiff, informing 330. him of plaintiff's rights, held not error.-Feath
$ 433 (Ark.) In an action to recover upon a erston v. Greer, 169 S. W. 912.
stock subscription, whether plaintiff's agent had Transfer of pledged stock, after indorsement authority to make an agreement to pay a certhat it was deposited as security had been tain amount per day for hauling to be applied erased and pledgor's signature had been forged on the subscription held under the evidence for to power of attorney thereon, held to pass no the jury:-Hastings Industrial Co. v. Copeland, title.-Id.
169 S. W. 1185. A contract, executed contemporaneously with pledge of stock to secure a debt, giving pledgee
(F) Civil Actions. option to purchase a similar amount of the
$ 521 (Ark.) In an action for sums paid on stock of the same company, held not to show
contracts sold by a foreign investment corpothat pledgee had authority to sell pledged stock ration, an instruction defining the power of or estop plaintiff to show lack of authority.- agents held erroneous because not justified by Id.
evidence.-Capital Security Co. v. Gray, 169 S.
W. 244. V. MEMBERS AND STOCKHOLDERS. (D) Liability for Corporate Debts and VIII. INSOLVENCY AND RECEIVERS. Acts.
8 542 (Ark.) An insolvent corporation may $ 232 (Tex.Civ,App.) In view of Rev. St. mortgage or assign its property to secure ad1895, art. 661, a purchaser, who acquires treas vances or loans where they are used in good ury stock of a corporation after it has been faith for the payment of debts.-International organized, is not liable for the par value of the Life Ins. Co. v. Vaughan, 169 S. W. 330. stock, where it was sold in good faith for an
$ 544 (Ark.) Under Kirby's Dig. § 951, proamount less than par.-Witt v. Nelson, 169 S. viding that every preference by an insolvent W. 381.
corporation in contemplation of insolvency shall Where, upon organization of a corporation, be set aside, a preference, to be avoided, must half of its capital was paid in and stock issued have been given by the debtor when actually intherefor, and thereafter stockholders became solvent, and with an expectation of making an indebted to the corporation, which took over assignment or commencing proceedings in intheir shares, a subsequent purchaser of such solvency.-International Life Ins. Co. shares, who bought for a sum less than par, is Vaughan, 169 S. W. 330. not liable to the creditors of the corporation.
8 544 (Tex.Civ.App.) Stock of a corporation Id.
held to be a trust fund for creditors.-Witt v. $ 244 (Tex.Civ.App.) Stockholder's liability Nelson, 169 S. W. 381. may be enforced as against subscribers and
$ 548 (Ark.) In a suit to set aside a deed of transferees with knowledge of nonpayment of trust given by an insolvent bank to secure an the stock.-Witt v. Nelson, 169 S. W. 381.
existing debt due defendant and further ad$ 249 (Tex.Civ.App.) Where the principal vances, evidence held insufficient to show that stockholder and manager of a corporation ad-defendant at the time of the execution of the vanced money to it with knowledge of the stock deed of trust knew of the bank's insolvency, so holders and other directors, he may, upon being that the conveyance was not a preference withheld liable for an unpaid amount on his stock, in Kirby's Dig. $ 951.-International Life Ins. set off his claim against that of the corporation's Co. v. Vaughan, 169 S. W. 330. creditors; the money advanced having become
$ 566 (Tex.) Where receivership proceedings part of the corporate assets.-Witt v. Nelson,
were instituted against a corporation not shown 169 S. W. 381.
to be of a public character, under a junior VI. OFFICERS AND AGENTS.
mortgage, the court could not postpone the
lien of a prior mortgage to the expenses and (B) Authority and Functions.
costs of the receivership.-Clint v. Houston Ice $ 306 (Ky.) The director of a corporation, not & Brewing Co., 169 s. W. 411. in active control of its manufacturing plant, held not liable in damages to an employé in
XII. FOREIGN CORPORATIONS. jured by the corporation's, negligence of which 8 636 (Ark.) Act May 13, 1907 (Laws 1907, he had no notice.-Aubrey's Adm'r v. Stimson, p. 744), providing that if any foreign corpora169 S. W. 991.
tion, without the consent of the other party to
any suit against it in the state, shall remove VII. CORPORATE POWERS AND it to any, federal court, its authority to do LIABILITIES.
business in the state shall be revoked, held (B) Representation of Corporation by 0f
constitutional.-State v. Hodges, 169 S. W. ficers and Agents.
Under the express provision of Const. art. $ 407 (Tenn.) The general manager of a com- | 12, $ 11, the state may authorize foreign cormercial corporation has no authority as such porations to do business therein under such to commit the corporation to the payment of limitations as may be prescribed by law; and ordinary attendance, in contradistinction from aside from this provision the state has the abemergency attendance, by a physician or sur
solute power to prevent foreign corporations, geon upon a corporate employé injured while
not engaged in interstate commerce, from doin the line of his duty. Journal & Tribune Co. ing business therein.-Id. v. Lones, 169 S. W. 760. $ 432 (Ark.) That an agent of a foreign cor
$ 641 (Ark.) Act May 13, 1907 (Laws 1907,
p. 744), hele not in conflict with Const. art. poration signed his name to a letter, acknowl. 12, § 11, subjecting foreign corporations doing edging a receipt by him of money for the cor- business in the state to the same regulations poration, as state agent, did not show that he had the authority of a general agent of the 169 S. W. 942.
as like state corporations.-State v. Hodges, corporation.-Capital Security Co. v. Gray, 169 S. W. 244.
CORRESPONDENCE. $ 432 (Ark.) In a suit to set aside a conveyance by an insolvent bank on the ground that) See Frauds, Statute of, $ 118.
I. NATURE, EXTENT, AND EXERCISE
OF JURISDICTION IN GENERAL. See Appeal and Error, $$ 383, 1044; Fines, 8 3; Principal and Surety, $ 163; Trial, 8 144. ty court that an incompetent person was re
$ 37 (Ky.) On appeal from judgment of coun
stored, motion to docket the case at a term of VII. ON APPEAL OR ERROR, AND the circuit court before that to which the inON NEW TRIAL OR MOTION competent person was summoned to challenge THEREFOR.
the court's jurisdiction held not a waiver of his $ 254 (Ky.) Where the appeal record was not objections to the jurisdiction.-Fitzpatrick v. indexed, and depositions were not copied in or- Young, 169 S. W. 530. der, as required by Court of Appeals rule 5 $ 37 (Ky.) Where want of jurisdiction of de(154 S. W. viii), and one of the depositions was fendant did not appear on the face of the peticopied twice, the record was not properly pre- tion, and was not raised by special demurrer or pared, and $30 was deducted from the clerk's by a plea in abatement or motion to quash, and fee.-Strader v. Strader, 169 S. W. 857. defendant's answer presented a defense on the
merits, the right to object was waived.–GainesCOUNTIES.
boro Telephone Co. v. Buckner, 169 S. W. 1000. See Courts, $ 202; Evidence, $ 10; Schools and II. ESTABLISHMENT, ORGANIZASchool Districts, $ 37; Venue, &$ 22, 50.
TION, AND PROCEDURE IN
GENERAL. II. GOVERNMENT AND OFFICERS. (B) Terms, Vacations, Place and Time of
Holding Court, Courthouses, and (D) Officers and Agents.
Accommodations. 8 69 (Tex.Civ. App.) Where an order, fixing $ 66 (Tex.Cr. App.) Rev. St. 1911, art. 1726, the compensation of a county, treasurer was authorizing an extension of the term until the void, the treasurer was entitled to receive the conclusion of a pending trial, held a valid excompensation established by Rev. St. 1911, arts. ercise of legislative power, and to authorize 3873, 3875.-Montgomery County v. Talley, 169 such extension to receive a verdict and enter S. W. 1141.
judgment in a pending case.-Brown v. State, Where a commissioners' court attempted by a 169 S. W. 437. void order to fix the county treasurer's salary at $600 per annum, the fact that defendant (C) Rules of Court and Conduct of Busiwhen elected knew that it was not intended that he should receive the compensation specified by Rev. St. 1911, art. 3875, did not estop him 25, and Rev. St. 1911, art. 1523, rules of the
$ 78 (Tex.Civ.App.) Under Const. art. 5, $ from retaining such amount.-Id.
Supreme Court, though entitled to the force of $ 70 (Tex.Civ.App.) Under Rev. St. 1911, art. law, are void when in contravention of an ex3875, providing that county treasurers shall re- press statute.- International & G. N. Ry. Co. ceive certain commissions to be fixed by the v. Parke, 169 S. W. 397. commissioners' court, such court had no jurisdiction to fix a treasurer's compensation at a (D) Rules of Decision, Adjudications, yearly salary.-Montgomery County v. Talley,
Opinions, and Records. 169 S. W. 1141.
891 (Ky.) The decision of the Court of Ap
peals in any case is the law, not only of that III. PROPERTY, CONTRACTS, AND case, but of all other cases subsequently arisLIABILITIES.
ing in the inferior courts of the state, involving
substantially a like question of fact, whether its (C) County Expenses and Charges and
decision declares the law in conformity to the Statutory Liabilities.
view held by the judge of the inferior court or 8 139 (Mo.) There is no warrant in law for not.-Rist v. Commonwealth, 169 S. W. 475, payment by the county of the fees and expenses 477. of nonresident expert witnesses in a criminal prosecution.-Peltzer v. Gilbert, 169 S. W. 257.
III. COURTS OF GENERAL ORIG
(B) Courts of Particular States.
$ 155 (Tex.Civ.App.) Under Const. art. 5, § 8,
the district court has jurisdiction of a suit to $ 153/2 (Ark.) A state agricultural school, set aside a void assessment as a cloud on title, maintained and governed exclusively by the though the amount of the assessment was not state, held not an "internal improvement" nor sufficient in itself to give the district court jua "local concern" of the county in which it is risdiction.-Ingraham v. City of, Nacogdoches, located, so as to sustain a grant of county 169 S. W. 1134. funds to the school to induce its location in that county under Const. art. 7, § 28.-State v. IV. COURTS OF LIMITED OR INFECraighead County, 169 S. W. 968.
RIOR JURISDICTION, $ 162 (Ark.) Sp. & Priv. Acts 1911, p. 1005, $ 169 (Tex.Civ.App.) Where a shipment of validating the appropriation of funds of c. live stock was damaged to an amount of $970, county for the State Agricultural School, held the shipper became immediately entitled to 6 per violative of Const. art. 7, 88 28, 30.--State v. cent. interest on such amount, and after the Craighead, 169 S. W. 964.
lapse of more than a year the county court was
without jurisdiction of his action; the amount COURTS.
in controversy exceeding $1,000.-Ft. Worth &
R. G. Ry. Co. v. Mathews, 169 S. W. 1052. See Appeal and Error; Bankruptcy, $ 9; Cer- Where plaintiffs' cause of action was in ex
tiorari, 8 16; Costs, $ 254; Counties, $70; cess of $1,000, the county court is without juCriminal Law, $ 304; Élections, Š 305; risdiction even though plaintiffs prayed judgEquity, 88 39, 199; Evidence, $ 41; Execu- ment for a sum slightly less than $1,000.-Id. tion, šs 161, 171; Executors and Administra- $ 188 (Mo.) The municipal court of Kansas tors, $ 129; Judgment, $ 588; Justices of the City may assume jurisdiction of proceedings to Peace; Levees, Š 28; Prohibition, $ 3; Rail- condemn property for widening a street.-Kanroads, ss 9, 10; Removal of Causes; Venue, sas City v. St. Louis & Kansas City Land Co., 8 22;' Wills, 8 695.
169 S. W. 62.