II. ON CRIMINAL CHARGES. § 63 (Tex.Cr.App.) Code Cr. Proc. 1895, art. 247, held not to authorize an officer to arrest without a warrant for an offense not committed in his presence, even for a felony.-Williams v. State, 142 S. W. $99. ASSAULT AND BATTERY. I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. § 52 (Ark.) Under the facts, held, there was an assignment by a lessee to the lessor of rent due and to become due from a sublessee, rendering it exempt from garnishment by another creditor of the lessee.-Samstag v. Orr, 142 S. W. 1127. IV. ACTIONS. 135 (Tex.Civ.App.) In an action by an assignee of an account, certain testimony of the assignor held irrelevant.-Stuart v. Calahan, 142 S. W. 60. $138 (Tex.Civ.App.) Issues submitted in an action by an assignee of an account held not in conformity with the issues made by the pleadings.-Stuart v. Calahan, 142 S. W. 60. ASSIGNMENTS FOR BENEFIT OF CREDITORS. See Bankruptcy; Corporations, § 550. II. CONSTRUCTION AND OPERATION IN GENERAL. $ 191 (Mo.) A judgment of a court of sufficient jurisdiction held binding on a debtor, although it had transferred all of its property to a trustee before the institution of the suit. Central Trust Co. of Mobile v. D'Arcy, 142 S. W. 294. ASSOCIATIONS. See Insurance, §§ 694-817; Partnership, § 5. $25 (Mo.App.) A rural telephone association held subject to dissolution at the will of the members.-Primm v. White, 142 S. W. 802. ASSUMPSIT, ACTION OF. See Use and Occupation; Work and Labor. ASSUMPTION. See Damages, §§ 161, 216; Evidence, § 122; Of risk, see Master and Servant, §§ 203–222. Homicide, §§ 160, 163, 257, 307; Trial, g 121. ATTACHMENT. See Appeal and Error, § 1066; Courts, § 12; Evidence, § 121: Garnishment; Replevin, § 75. II. PROPERTY SUBJECT TO ATTACHMENT. $60 (Ark.) Property devised, but still in the hands of the administrator, held subject to attachment.-Taylor v. Bacon, 142 S. W. 1128. VIII. CLAIMS BY THIRD PERSONS. § 293 (Mo.) A court issuing a writ of attachment is without authority to compel a nonresident to appear and litigate his rights to the fund attached.-State ex rel. McIndoe v. Blair. 142 S. W. 326. $ 302 (Mo.App.) Under Rev. St. 1909, § 2345, an interpleader in attachment, to prevail, must have legal title or right to immediate possession.-Gate City Nat. Bank v. Boyer, 142 S. W. 487. 8 307 (Mo.App.) In attachment. where there was an interplea by a third person, claiming the property, plaintiff, under a general denial, was entitled to show that the interpleader's claim of ownership was fraudulent, and that he had no title.-Gate City Nat. Bank v. Boyer, 142 S. W. 487. § 308 (Mo.App.) The burden of proof in an attachment suit is on the party who charges fraud.-Gate City Nat. Bank v. Boyer, 142 S. W. 487. In attachment of property claimed by the debtor's son, held not error to permit him to state that a certain paper evidenced the ar rangement by which his father acted for him. I proceedings to disbar an attorney.-Wernimont -Id. v. State, 142 S. W. 194. In a claim by a third person of property attached, evidence held admissible.-Id. § 311 (Mo.App.) An instruction that the issue was whether notes and a deed of trust attached "is" the property of the interpleader, instead of saying "were" the property of the interpleader at the time of the levy, was immaterial; there being no evidence of change of title since the levy.-Gate City Nat. Bank v. Boyer, 142 S. W. 487. An instruction held not calculated to mislead the jury on the issue of ownership.-Id. An instruction referring to the "claim" of an interpleader held not erroneous, as referring to some claim other than that set up in the proceedings.-Id. An instruction in attachment, basing the debtor's right to the property on a sale or gift, held properly refused, as not containing the elements constituting sale or gift.-Id. ATTORNEY AND CLIENT. § 57 (Ark.) An attorney charged in disbarment proceedings held not entitled to complain on appeal that the court discharged the jury and itself rendered judgment, where the evidence was uncontroverted, notwithstanding Kirby's Dig. § 460.-Wernimont v. State, 142 S. W. 194. II. RETAINER AND AUTHORITY. $102 (Ky.) Authority of an attorney of an execution creditor held limited to matters relating to the collection of the debt.-J. M. Robinson & Co. v. Bank of Pikeville, 142 S. W. 1065. IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. $147 (Ky.) A contract between a guardian ad litem of an infant and an attorney employed to sue for a personal injury for the infant held, under the evidence, to fix a reasonable compen See Bills and Notes, § 534; Criminal Law.sation for the attorney.-Sanders v. Woodbury, 719; Drains, § 18; Elections, $ 299; Evi- 142 S. W. 207. dence, § 553; Money Received, § 6; Municipal Corporations, $$ 124, 162; Principal and Surety, § 175; Trial, §§ 110-133, 252. I. THE OFFICE OF ATTORNEY. (C) Suspension and Disbarment. $34 (Ark.) The right to practice law is only a privilege, exercised by a license which may be revoked when the holder's misconduct makes him unfit to exercise the duties of his office.Wernimont v. State, 142 S. W. 194. ATTORNMENT. See Adverse Possession, § 50. AUTHORITY. See Attorney and Client, § 102; Corporations, $36 (Ark.) The power to remove an attor- See Evidence, §§ 242, 539; Highways, § 184. ney is inherent in all courts having authority to admit attorneys to practice.-Wernimont v. State, 142 S. W. 194. § 37 (Ark.) The power to disbar an attorney should be cautiously exercised, and only on grounds rendering the attorney's continuance in practice subversive of the due administration of justice and the integrity of the profession.-Wernimont v. State, 142 S. W. 194. $38 (Ark.) An attorney may be disbarred or suspended for any conduct which tends to bring reproach upon the legal profession or injure it in the favorable opinion of the public.-Wernimont v. State, 142 S. W. 194. § 42 (Ark.) An attorney may be removed for malpractice in perverting the processes of the court to obtain an unjust and illegal result.Wernimont v. State, 142 S. W. 194. See Carriers, § 247. BAGGAGE. See Process, § 142. II. IN CRIMINAL PROSECUTIONS. a compliance with Code Cr. Proc. 1895, art. $70 (Tex.Cr.App.) An appeal bond held not 886. requiring a recognizance on accused appealing in a misdemeanor case.-Terry v. State, 142 S. W. S75. BAILMENT. See Banks and Banking, §§ 140, 148; Carriers, §§ 76-177; Pledges. BALLOTS. The conduct of an attorney in having worthless notes indorsed by another so that he could be joined with the nonresident makers to compel them to defend at a distance from their residences held fraud upon the process of the See Elections, §§ 227, 299. court authorizing disbarment.-Id. § 49 (Ark.) A proceeding for the disbarment of an attorney is civil, not criminal, in its na BANKRUPTCY. ture and is governed by the rules applicable See Assignments for Benefit of Creditors. to civil actions.-Wernimont v. State, 142 S. W. III. ASSIGNMENT, ADMINISTRATION, 194. § 52 (Ark.) Disbarment proceedings may be conducted in the name of the state, or the court may require an attorney to present and prosecute the charges.-Wernimont v. State, 142 S. W. 194. $53 (Ark.) Evidence in disbarment proceedings for instituting numerous actions on notes against a resident and nonresidents joined with him held to show that the indorsement of the notes by the resident to defendant's company was merely colorable, to enable defendant to sue the nonresidents in a county remote from their residences.-Wernimont v. State, 142 S. W. 194. AND DISTRIBUTION OF BANK- (B) Assignment, and Title, Rights, and Remedies of Trustee in General. V. RIGHTS, REMEDIES, AND DIS- § 54 (Ark.) The court held to have power to $426 (Tex.Civ.App.) Act Cong. Feb. 5, 1903, direct a verdict on uncontroverted evidence in $ 5, excepting from discharge in bankruptcy For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER liabilities for obtaining property by fraud, excepts a liability incurred by obtaining another as the bankrupt's surety by false representations.-Gaddy v. Witt, 142 S. W. 926. Act Cong. Feb. 5, 1903, § 5, excepting from a discharge in bankruptcy liabilities for obtaining property by fraud, held to be liberally construed.-Id. BANKS AND BANKING. See Bills and Notes, 88 98, 332, 359; Garnishment, § 233; Malicious Prosecution, § 3. I. CONTROL AND REGULATION IN GENERAL. §17 (Tex.Civ.App.) The act of 1905 (Laws 1905 [1st Ex. Sess.] c. 10) held to clothe the Superintendent of Banking with judicial functions in closing banks; and a bank seeking to hold the superintendent and an examiner liable for damages for closing it must allege facts showing that they exceeded the authority conferred. Sanders State Bank v. Hawkins, 142 S. W. 84. II. BANKING CORPORATIONS AND ASSOCIATIONS. (D) Officers and Agents. $54 (Ky.) President of a bank held not liable for his failure to prevent the cashier from making loans not authorized by law.--First State Bank of Nortonville v. Morton, 142 S. W. 694. A bank, the stock having been transferred since the mismanagement, held not entitled to recover against its former president for mismanagement.-Id. The president of a bank is not liable for the act of the cashier making loans greater than allowed by law. Id. plaintiff held a creditor, and not a trustee.American Nat. Bank v. Owensboro Savings Bank & Trust Co.'s Receiver, 142 S. W. 239. BAR. See Judgment, §§ 540, 584, 585; Limitation of Actions. BASTARDS. I. ILLEGITIMACY IN GENERAL. 12. (Ky.) Under the statutes of Kentucky, bastard children held to have become legitimatized by their natural father upon his subsequent marriage to their mother.-Cain v. Gray, 142 S. W. 715. III. PROCEEDINGS UNDER BAS- $92 (Ky.) Under Ky. St. §§ 173, 978 (Russell's St. §§ 41, 2834), an appeal by the commonwealth held to lie in bastardy proceedings. -Commonwealth v. Smalling, 142 S. W. 372. Under Ky. St. §§ 174, 175 (Russell's St. §§ 42, 43), a proceeding in bastardy held a civil action, and a statute authorizing the commonwealth to appeal is not violative of Bill of Rights, § 13.-Id. BATTERY. See Assault and Battery. BENEFICIAL ASSOCIATIONS. See Insurance, §§ 694-817. BIAS. See Witnesses, §§ 370, 372. (E) Insolvency and Dissolution. $74 (Ky.) Evidence held to show that notes were pledged by an insolvent bank to an in- See Counties, § 116. surance company more than six months before suit was brought to have the matter adjudged a preference.-Citizens' Life Ins. Co. BIDS. BILLIARDS. v. Owensboro Savings Bank & Trust Co.'s Re- See Licenses, § 6. ceiver, 142 S. W. 376. A pledgee held properly required to account for a balance on notes held as collateral security, as constituting a preference.-Id. Evidence held to show that notes were pledged by an insolvent bank to an insurance company more than six months before amendment was made, attacking the transaction, in a suit to adjudge certain transactions to have constituted preferences defeating the action.-Id. III. FUNCTIONS AND DEALINGS. (C) Deposits. § 140 (Ky.) A bank placing the amount of a check to the credit of a customer held to assume liability for the customer's checks.-J. M. Robinson & Co. v. Bank of Pikeville, 142 S. W. 1065. A bank authorizing a customer to issue checks on it held estopped from asserting that the customer had no money to his credit.-Id. Delay in presenting a check to a bank held not to relieve it from the duty of payment.-Id. § 148 (Ky.) A bank cashing a draft on a forged indorsement held liable to an execution creditor for the amount of a check drawn by the officer on the proceeds in satisfaction of the execution.-J. M. Robinson & Co. v. Bank of Pikeville, 142 S. W. 1065. (D) Collections. $166 (Ky.) Defendant trust company in making a collection of funds pledged to secure BILL OF LADING. See Carriers, § 159. BILLS AND NOTES. See Action, § 25; Alteration of Instruments; Appeal and Error, §§ 50, 882, 1066; Attachment, § 311; Attorney and Client. §§ 42, 53; Banks and Banking, §§ 74, 140, 148: Corporations, $99; Damages, § 228; Estoppel, $ 95; Evidence, §§ 80, 121; Executors and Administrators, § 202; Limitation of Actions, §§ 2, 49, 146, 155, 160, 193; Malicious Prosecution, § 3; Mortgages. §§ 256, 298. 460; Principal and Surety, § 175; Vendor and Purchaser, 253. I. REQUISITES AND VALIDITY. (E) Consideration. 890 (Ky.) Between the original parties to a note the consideration may be impeached.First State Bank of Nortonville v. Morton, 142 S. W. 694. $94 (Ark.) Notes executed by complainant to defendant in settlement of a claim for money alleged to have been converted by complainant's father held based on a sufficient consideration, without reference to the merits of defendant's claim.--Fender v. Helterbrandt, 142 S. W. 184. § 97 (Ky.) Between the original parties to a note failure of consideration may be set up. First State Bank of Nortonville v. Morton, 142 | fendants' promise.-Bank of Anderson County S. W. 694. v. Foster, 142 S. W. 225. 98 (Ky.) One who executed in favor of a bank a note without a consideration, so as to deceive the bank examiner, held, in an action by the bank, not estopped from setting up failure of consideration.-First State Bank of Nortonville v. Morton, 142 S. W. 694. (F) Validity. § 102 (Ark.) Notes executed by complainant to defendant in settlement of a claim for money alleged to have been converted by complainant's father will not be set aside in equity for an ordinary mistake of law or fact.-Fender v. Helterbrandt, 142 S. W. 184. § 103 (Ark.) A check exacted from defendant by the constructors of a boat before they would make delivery held not obtained by fraud.Southern Sand & Material Co. v. People's Savings Bank & Trust Co., 142 S. W. 178. § 104 (Ark.) A check exacted from defendant by the constructors of a boat before they would make delivery held not obtained by duress.-Southern Sand & Material Co. v. People's Savings Bank & Trust Co., 142 S. W. 178. II. CONSTRUCTION AND OPERATION. $117 (Mo.App.) A note held governed by the law of Michigan as to the obligation and duty of the maker.-Brown v. Worthington, 142 S. W. 1082. $129 (Tex.Civ.App.) A holder of a series of notes, each providing that on the failure to pay one at maturity the whole series shall mature at the option of the holder, held to show his exercise of the option.-Beckham v. Scott, 142 S. W. 80. V. RIGHTS AND LIABILITIES ON INDORSEMENT OR TRANSFER. (D) Bona Fide Purchasers. § 332 (Tex.Civ.App.) A bank which received from a guardian a note belonging to the estate, in a transaction with him as an individual, held to have acquired no title.-First State Bank of Hale Center v. McIntire, 142 S. W. 613. $342 (Ark.) Where a protest attached to a check by the drawer by pin only was detached by the payee leaving the check without appearance of mutilation and transferred to a bona fide holder, the drawer was liable notwithstanding the protest.-Southern Sand & Material Co. v. People's Savings Bank & Trust Co., 142 S. W. 178. § 348 (Ark.) Demand paper is overdue, if it remains unpaid for an unreasonable time after its date or the date of delivery.-Kerby v. Wade, 142 S. W. 1121. $ 359 (Ark.) Where a bank accepted a check from a customer for credit to the customer's overdrawn account, without notice and before maturity, it was a bona fide holder for value.Southern Sand & Material Co. v. People's Savings Bank & Trust Co., 142 S. W. 178. $370 (Tex. Civ.App.) A negotiable instrument in the hands of a bona fide holder held not subject to defense that the goods for which the note was given were worthless.-Cedar Rapids Nat. Bank v. Barnes, 142 S. W. 632. VIII. ACTIONS. $463 (Ky.) Petition in an action on a note held bad on demurrer for failure to allege de For cases in Dec. Dig. & Am. Dig. Key No. Series § 516 (Ark.) In a suit to cancel certain notes, evidence held insufficient to show that complainant had not sufficient mental capacity to legally execute them.-Fender v. Helterbrandt, 142 S. W. 184. $516 (Ky.) Evidence in an action on notes held sufficient to show that the maker was without sufficient mental capacity to execute them.-Sebree v. Crutchfield, 142 S. W. 1017. $517 (Ky.) In an action on a note, evidence held to support a finding that it was given in place of a prior note given by the maker, and for a balance due on account.-Hardin's Adm'x v. Bush, 142 S. W. 1072. § 520 (Ark.) In a suit to cancel certain notes, evidence held insufficient to show that complainant had been induced to execute them by duress.-Fender v. Helterbrandt, 142 S. W. 184. § 534 (Tex.Civ.App.) A stipulation in a note for attorney's fees in the event of a suit thereon held not a mere contract for indemnity but to bind the maker to pay such attorney's fees, in the absence of plea and proof that the amount is unreasonable.-Beckham v. Scott, 142 S. W. 80. Where a note stipulates for attorney's fees in the event a suit is brought thereon, held, only necessary that suit is brought thereon to entitle the holder to recover the amount called for, in the absence of any effort to show that it is unreasonable.-Id. BOARDS. See Charities, § 46; Courts, § 42; Schools and School Districts, § 39. BONA FIDE PURCHASERS. See Bills and Notes, §§ 332-370; Principal and Agent, § 148; Vendor and Purchaser, §§ 224244. BONDS. See Appeal and Error, § 807; Bail; Clerks of Courts; Counties, § 196; Court Commissioners; Indemnity; Insurance, § 624; Intoxicating Liquors, § 85; Landlord and Tenant, § 270; Municipal Corporations, §§ 374, 407, 918; Parties. § 80; Principal and Surety, $8 20, 100, 129. BOOKS. See Elections, § 299. BOUNDARIES. See Adverse Possession, $ 65; Evidence, § 274; Trespass to Try Title, § 41; Waters and Water Courses. I. DESCRIPTION. ments, artificial marks, courses, and distances, § 3 (Mo.) Natural and permanent monuand area usually control in the order named.Whitwell v. Spiker, 142 S. W. 248. Where land was described as beginning at "T.'s tract," the fact that T.'s inclosure did not coincide with his actual boundaries would not affect the amount of land conveyed.--Id. $3 (Tex.Civ.App.) A call for distance held subordinate to a call for a boundary line.Morse's Heirs v. Williams, 142 S. W. 1186. Calls in a deed held controlled by reference to partition decree and calls for adjoiners.-Id. $5 (Mo.) Subdivision line between two tracts of land and call for a street eo nomine, which before had not existed. held not monuments. -Guitar v. St. Clair, 142 S. W. 291. § 8 (Tex.Civ.App.) In view of where the northeast corner and east line of a tract of land & Indexes see same topic and section (§) NUMBER conveyed corresponded with the same corner and line of a larger grant, held, that it must be assumed that the southeast corners also corresponded.-Morse's Heirs v. Williams, 142 S. W. 1186. 89 (Tex.Civ.App.) Deeds executed on same day held to be construed together, in determining a boundary line.-Morse's Heirs v. Williams, 142 S. W. 1186. $ (Mo.) The description of the land conveyed by reference to "T.'s tract of land" merely referred to land reputed to be T.'s.-Whitwell v. Spiker, 142 S. W. 248. § 20 (Mo.) An established highway held to be a monument.-Guitar v. St. Clair, 142 S. W. 291. § 37 (Mo.) Evidence held to show that a call for adjoining land had reference to land actually inclosed and occupied by the adjoiner.Whitwell v. Spiker, 142 S. W. 248. $40 (Ark.) In ejectment involving location of boundaries, evidence of final settlement of the line held conflicting, and not to warrant direction of verdict.-Butler v. Hines, 142 S. W. 509. 841 (Ky.) In an action for timber alleged to have been wrongfully cut from across boundary lines, an instruction held misleading.Hodge v. Napier, 142 S. W. 1037. See Covenants. BREACH. BREACH OF THE PEACE. $ (Tex.Cr.App.) That a cursing and abuse of females occurred in the house of the accused held not to excuse the offense.-Bumgarner v. State, 142 S. W. 4. $8 (Tex.Cr.App.) In a prosecution for cursing and abusing certain persons under circumstances calculated to provoke a breach of the peace, evidence held sufficient to justify a verdict of guilty.-Bumgarner v. State, 142 S. W. 4. BRIEFS. $53 (Tex.Civ.App.) A broker is entitled to commissions only on proof that he was the procuring cause of the sale.-Goodwin v. Gunter, 142 S. W. 664. $54 (Mo.App.) A purchaser's financial ability as affecting right to commissions held to be his ability to respond in damages.-Goldsberry v. Eades, 142 S. W. 1080. $ 54 (Tex.Civ.App.) To entitle a broker to a commission for presenting a party to make a lease, the party must be ready and willing to enter into such a contract.-Floore v. J. T. Burgher & Co., 142 S. W. 939. § 57 (Tex.Civ.App.) Where a broker obtains a purchaser, ready, willing, and able to pay the authorized price, the broker's right to commissions is earned.-Goodwin v. Gunter, 142 S. W. 664. $58 (Mo.App.) That the contract of purchase was not enforceable under the statute of frauds held not to prevent a broker from recovering commissions.-Goldsberry v. Eades, 142 S. W. 1080. $65 (Ky.) Where property was placed in the hands of a real estate broker for sale with knowledge that he was the agent of the other party, his right to a commission was not destroyed because he was agent for the two.Gudgel v. Cook, 142 S. W. 1014. V. ACTIONS FOR COMPENSATION. $86 (Ky.) In an action for commissions, evidence held to support a finding that plaintiff procured a purchaser while acting for himself. and not for a third person.-Crawford-Chesterfield Co. v. Snook, 142 S. W. 385. § 86 (Tex.Civ.App.) In a suit for commissions, evidence held insufficient to show that plaintiff was the procuring cause of the sale.Goodwin v. Gunter, 142 S. W. 664. § 86 (Tex.Civ.App.) Where a commission was claimed both by a real estate broker and the purchaser of the land, evidence held to the broker. Withers v. Armstrong, 142 S. W. sustain a finding awarding the commission to 932. § 88 (Mo.App.) An instruction, in an action for broker's commission, which made it necessary for plaintiffs to show that they were the "prime cause" of the purchase, held erroneous.-S. J. Cox Real Estate Co. v. French, 142 S. W. 449. $88 (Tex.Civ.App.) An instruction, in an action by broker for a commission, held misleadSee Appeal and Error, §§ 724, 742, 759-774, ing. Floore v. J. T. Burgher & Co., 142 S. W. 939. 832, 928; Criminal Law, § 1178. BROKERS. See Factors; Insurance, § 84; Trial, § 252. IV. COMPENSATION AND LIEN. 840 (Ky.) Where an owner of property places it in the hands of a real estate broker for sale, and the sale is made through the efforts of the broker, a promise to pay for the broker's services is implied by law.-Gudgel v. Cook, 142 S. W. 1014. A real estate broker held not entitled to a commission for the sale of a certain farm.-Id. § 40 (Tex.Civ.App.) That a party procured entered into a lease is not sufficient to justify recovery of commissions in absence of a showing of employment.-Floore v. J. T. Burgher & Co., 142 S. W. 939. § 44 (Ky.) A real estate broker held not entitled to his commissions, though he was en BUILDING CONTRACTS. See Damages, § 123; Principal and Surety, §§ 20, 100, 129. BURGLARY. See Criminal Law, § 200. I. OFFENSES AND RESPONSIBILITY THEREFOR. §3 (Ark.) One who lawfully entered a building and later committed a theft must have had the intent to steal when he entered, to be guilty of burglary under Kirby's Dig. § 1603.-Walders v. State, 142 S. W. 511. II. PROSECUTION AND PUNISHMENT. $41 (Tex.Cr.App.) Evidence held to sustain a conviction of burglary.-Williams v. State. 142 S. W. 571. |