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1245

INDEX-DIGEST

Former Jeopardy

On 38 (Ark.) Variance between indictment for Own 33 (Ark.) The leasehold estate of defendant false pretenses and evidence held fatal.-Lawson who attaches fixtures to the land merges in v. State, 179 S. W. 818.

the fee he afterwards acquires by purchase, so 49 (Tex.Cr.App.) In a prosecution for that fixtures attached prior to purchase are swindling against the operator of an employ- thereafter irremovable.-W. B. Thompson & Co. ment agency, evidence held sufficient to support v. Lewis, 179 S. W. 343. a conviction. Arnold v. State, 179 S. W. 1183. nm 35 (Ark.) Evidence held sufficient to show

intention of owner that trade fixtures attached FEDERAL EMPLOYERS' LIABILITY to the land should become a part of the realty.

- W. B. Thompson & Co. v. Lewis, 179 S. W. ACT.

343. See Commerce, w8, 27; Limitation of Actions, On 130; Master and Servant, 270;

FLOWAGE.
Negligence, Omn101; Pleading, 369.

See Waters and Water Courses, w171.
FEES.

FOOD.
See Attorney and Client, 133-189.

See Statutes, Onw20, 11012.
FEE SIMPLE.

Cm 25 (Tenn.) The duty of one who prepares

and markets in bottles or sealed packages foods, See Deeds, 124.

drugs, or beverages to exercise ordinary care

that nothing unwholesome or injurious is conFELLOW SERVANTS.

tained therein is based upon negligence.-Crig

ger v. Coca-Cola Bottling Co., 179 S. W. 155. See Master and Servant, Omw177–202, 216. One who prepares and puts on the market in

bottles or sealed packages foods or beverages FELONY.

is liable for breach of a duty to the public in

the preparation thereof, regardless of the privSee Criminal Law, Ow27.

ity of contract to any one injured.-Id.

In an action for damages for illness caused FENCES.

by swallowing a decomposed mouse in a bottle m28 (Tex.Cr.App.) Offer of accused in prose- of coca-cola purchased from a local dealer to tion for pulling down fence to show prosecuting whom it had been sold by a bottling company, witness' possession to be that of agent for own- evidence held to sustain å finding that the bot er, who authorized accused to destroy fence, tling company was not at fault.-Id. held improperly excluded.-Hughitt v. State, 179 S. W. 703. FILING.

FORCIBLE ENTRY AND DETAINER.

See Landlord and Tenant, 291.
See Appeal and Error, Omw 627, 770, 773.
FINAL JUDGMENT.

FORECLOSURE.
See Appeal and Error, On 76-80.

See Mortgages, Omw 356–559.
FINDINGS.

FOREIGN CORPORATIONS.
See Appeal and Error, On931, 1009-1015.

See Corporations, Omw 642, 657.
FIRE INSURANCE.
See Insurance.

FOREIGN JUDGMENTS.
FIRES.

See Judgment, Om 822, 944.
See Railroads, mm 460–484.

FORFEITURES.
FISH.

See Contracts, Cum 317; Insurance, 310– 9 (Tenn.) Acts 1897, c. 57, is impliedly re

349, 744. pealed by Acts 1907, c. 489, forbidding killing of fish with dynamite, so that conviction under

FORGERY. the former cannot be sustained.-Bivens van 12 (Ark.) Where a forged order for an exState, 179 S. W. 384.

press package, not addressed to any particular FIXTURES.

person, was yet addressed to "Express Agt.,"

directing him to “let the bearer have my packOn 4 (Ark.) It will be presumed that the own- age," its uttering was forgery.--Stith v. State, er of land attaching chattels thereto intends 179 S. W. 178. that they shall become a part of the realty, and On 28 (Tex.Cr.App.) An indictment for forgery his intention is the test as to whether they are need not state in the purport clause the names irremovable fixtures.-W. B. Thompson & Co. to the instrument forged.-Bethany v. State, v. Lewis, 179 S. W. 343.

179 S. W. 1166. On 21 (Tex.Civ.App.) Stationary engine, bolted Cw29 (Ark.) Indictment for forgery, not alto concrete bed prepared therefor and attached leging any person, firm, or corporation to whom by its shaft to the building, held a fixture, title a forged order for an express package was passto which passed to the purchaser.-Phillips v. ed. held bad upon demurrer. --Stith v. State, Newsome, 179 S. W. 1123.

179 S. W. 178. Purchaser of real estate with mortgaged fix. On 34 (Tex.Cr.App.) Variance between the purture held not bound with notice of chattel mort- port clause in indictment for forgery and instrugage record.-Id.

ment forged held fatal.-Bethany v. State, 179 27 (Tex.Civ.Apn.) Contract between mort- S. W. 1166. gagor and mortgagee of personal property that same shall not become fixture upon attachment

FORMER JEOPARDY. to realty held valid between parties.-Phillips v. Newsome, 179 S. W. 1123.

See Criminal Law, 170-200.

FORNICATION.

the contract.-Chamberlain v. Ft. Smith Lum

ber Co., 179 S. W. 740.
See Incest.
On 9 (Tex.Cr.App.) In a prosecution for for-

X. PLEADING, EVIDENCE, TRIAL,

AND REVIEW. nication, evidence held insufficient to show accused's common-law marriage to the woman.-On 158 (Ky.) It will be presumed that a conNye v. State, 179 S. W. 100.

tract within the statute of frauds, as one to re

convey land, was oral, unless the pleader alFRANCHISES.

leges it was in writing.-Todd v. Finley, 179 S.

W. 455.
See Electricity; Injunction, 64-67; Mines

and Minerals, Om 105; Telegraphs and Tele- FRAUDULENT CONVEYANCES.
phones, Om7.

I. TRANSFERS AND TRANSACTIONS
FRAUD.

INVALID.
See Bills and Notes, Om 103; Contracts, mm (A) Grounds of Invalidity in General.

94; Deeds, Cum 70, 196, 211; Evidence, Om3 (Ky.) The Sales in Bulk Act, $$ 1-4,
434; False Pretenses; Frauds, Statute of; enacted to prevent fraudulent sales and to
Fraudulent Conveyances; Husband and Wife, protect a merchant's creditors, held valid.
O 6; Insurance, Cm 256; Pleading, w9; Dwiggins Wire Fence Co. v. Patterson, 179 S.
Sales, 38, 251; Vendor and Purchaser, W. 224.
Om 33.

m3 (Tex.) The Bulk Sales Law held a valid II. ACTIONS.

exercise of the police power, and not to unrea

sonably deprive the owners of merchandise of (0) Evidence.

their control over it and right to contract as 50 (Ky.) The general rule is that one who to it.-Owosso Carriage & Sleigh Co. v. Mccharges fraud has the burden of making out his Intosh & Warren, 179 S. W. 257. case.-Meece v. Colyer, 179 S. W. 579.

(I) Retention of Possession or Apparent

Title by Grantor.
FRAUDS, STATUTE OF.

Om 132 (Ark.) Though a husband continued in
III. PROMISES TO ANSWER FOR possession after sale of a stock of drugs to his
DEBT, DEFAULT OR MISCAR- wife, it cannot be held presumptively fraudu-
RIAGE OF ANOTHER.

leut for that reason, where the drugs were in On 23 (Tex.Civ.App.) Promise by person, desir- of an attachment by the husband's creditors.

the wife's building, and she objected to the levy ing services of a prisoner, to pay plaintiff any Webb v. Van Vleet-Mansfield Drug Co., 179 S. sums for which he might become liable if he w. 357. would sign such person's bail bond, held an em 137 (Tex.Civ. App.) Under Vernon's Sayles' original promise, not within the statute of Ann. Civ. St. 1914, art. 3968, grass seed raised frauds.-Gonzales v. Garcia, 179 S. W. 932.

by wife on her separate real estate held not a VI. REAL PROPERTY AND ESTATES gift to her by her husband as against his credAND INTERESTS THEREIN,

itors where actual possession was not given to

the wife.-First Nat. Bank of Plainview v. McOm69 (Tex.Civ.App.). Under Rev. St. 1911, art. Whorter, 179 S. W. 1147. 1103, title to lots of incorporator, orally agreed to be transferred to company in return for III. REMEDIES OF CREDITORS AND stock, which was issued to him, such lots not

PURCHASERS. being mentioned in the charter or the affidavit thereto, did not pass to the company.-McGough | (A) Persons Entitled to Assert Invalidity. v. Finley, 179 S. W. 918.

206 (Ky.) Within Ky. St. § 1907, declaring

one's transfer of property without consideration VIII. REQUISITES AND SUFFICIENCY void as to his then existing liabilities, liability OF WRITING.

for price under a contract for purchase of goods en 10 (Ky.) Where a vendor who owned a previously made is then existing, even as to large tract entered into a written contract to goods subsequently received.-Sterk v. Redman, sell a farm of 210 acres, parol evidence was in- 179 S. W. 577. admissible to show what part was to be sold; Om 208 (Ky.) Under Ky. St. 1915, $ 1906, dehence the contract was unenforceable under claring that every gift, conveyance, or transfer the statute of frauds.-Roberts v. Bennett, 179 of land made with intent to delay, hinder, or deS. W. 605.

fraud creditors shall be void, a conveyance made

with intent to hinder subsequent creditors is IX. OPERATION AND EFFECT OF void and may be set aside.-Williamson y. MorSTATUTE.

ris, 179 S. W. 45. em 119 (Tex.Civ.App.) Where defendant releas

(B) Remedies Ground of Nullity of ed its lien upon plaintiff's property, relying up

Transfer. on his oral promise to give substitute security, em 229 (Tex.) Under Bulk Sales Law, $ 1, that plaintiff claimed other land acquired as homestead as against a trust deed subsequently a purchaser who did not comply with the statexecuted under the agreement held to take the ute is a trustee for the seller's creditors, and case out of the statute of frauds, since to apply the goods have been sold and the proceeds dis

they may reach the debt by garnishment, though the statute would permit the perpetration of a fraud.—Pipkin v. Bank of Miami, 179 s. w. posed of. Owosso Carriage & Sleigh Co. v.

McIntosh & Warren, 179 S. W. 257. 914. Om 129 (Ky.) Where a contract for the recon- (C) Right of Action to Set Aside Transveyance of land was oral, a subsequent tender

fer, and Defenses. of a deed by the grantee was not enough to cm 241 (Ky.) Under Ky. St. 1915, $ 1907a, it take the

case out of the statute of frauds.- is unnecessary that execution against the debtor Todd v. Finley, 179 S. W. 455.

who transferred the property be returned unsatOm 143 (Mo.App.) Under the statute of frauds isfied, or that an attachment be attempted.(Rev. St. 1909, § 2783), an oral contract for Williamson v. Morris, 179 S. W. 45. the sale of land is not absolutely void, and if the vendor is able and willing to fulfill his agree

(G) Evidence. ment, the vendee cannot, on the ground of in-271 (Ky.) In action in equity to subject

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1247

INDEX-DIGEST

Guaranty

ceived two jacks from the judgment debtor, had the burden of showing that one of them had

GARNISHMENT died before the commencement of the action. - See Attachment; Fraudulent Conveyances, em Commonwealth v. Filiatreau, 179 S. W. 20.

229. Omw 295 (Ky.) Evidence in an action in equity by a judgment creditor to reach several jacks be

XI. WRONGFUL GARNISHMENT. longing to the judgment debtor and fraudulent-w248 (Mo.App.) That return of writ by sumly turned over to the defendant held insufficient moning garnishee was so defective as not to to show that two of the jacks had died before show a valid garnishment held not to conclude the commencement of the action.-Common- the attachment debtor on the question of damwealth v. Filiatreau, 179 S. W. 20.

ages from the attachment.-State ex rel. WilC295 (Tex.Civ.App.) Evidence held sufficient liams v. Stipp, 179 S. W. 723. to justify jury's finding that the conveyance of the premises to defendant was fraudulent as to the grantor's creditors.-McGough v. Finley,

GAS. 179 S. W. 918.

Omn 16 (Ky.) Turnpike company licensing gas Onn 299 (Ky.) Evidence held to show that a con- company to use its road for a main cannot, by veyance by a husband of his land to his wife contract, lessen the latter's obligation to inainwas in fraud of creditors.-Williamson v. Mor- tain such main consistently with public saferis, 179 S. W. 45.

ty.-McWilliams v. Kentucky Heating Co., 179

S. W. 24. Om 300 (Ark.) In a creditors' suit to uncover a parcel of realty in the hands of the judg-w 17. (Ky.) Gas company, contracting with ment debtor's wife, evidence held sufficient turnpike company for laying of mains, held to to show that the land which the debtor convey- undertake to exercise ordinary care to mained was originally purchased with the wife's tain mains so that the road would be kept in money.-Scott v. McCraw, Perkins & Webber reasonably safe condition.-McWilliams v. KenCo., 179 S. W. 329.

tucky Heating Co., 179 S. W. 24. Evidence held to support the chancellor's find-m 18 (Ky.) Negligence of county officers, in ing that the conveyance was voluntary, and to ordering plaintiff operator of steam roller to put the property beyond plaintiff's reach.-Id. pass over gas main held not to excuse gas com

The statement of a wife, asserting her in- pany from liability for plaintiff's injuries in solvent husband's conveyance to her in prefer- explosion.-McWilliams v. Kentucky Heating ence to other creditors was in payment of a Co., 179 S. W. 24. prior loan made without written evidence of an Where a gas company occupies a highway or agreement to repay, should be corroborated by turnpike with its main, whether under contract other evidence.-Id.

or by obligation of law it must maintain the

main in such condition that the road will be rea(J) Judgment or Decree and Execution. sonably safe.-Id. 313 (Ark.) Action of the court in a credi

To render a gas company liable for an explotors' suit to uncover realty, in decreeing its sion of gas from a broken main, the injury must sale to satisfy the judgment, held proper. -Scott have been the natural and probable consequence v. McCraw, Perkins & Webber Co., 179 s. w. of the negligent act, such that an ordinarily 329.

prudent man might have anticipated.-Id. Where, in a judgment creditor's suit to un- um 20 (Ky.) In an action against a gas comcover realty, the order of sale gave the debtor pany for injuries to plaintiff operator of a only five days to pay the judgment, such de- steam roller in road repairing when the spikes cree allowed an unreasonably short time.-Id. of the machine's wheels pierced a main, resultOmro 314. (Ky.) A purchaser who had not coming in an explosion, question of company's neg. plied with the Sales in Bulk Act, g 4, held lia- ligence held for the jury.—McWilliams v. Kenble to the extent of the entire stock to the sat: tucky Heating Co., 179°S. W. 24. isfaction of a claim of the seller's creditor.Dwiggins Wire Fence Co. v. Patterson, 179 S.

GIFTS.
W. 224.

See Fraudulent Conveyances, Om 137.
FUNDAMENTAL ERROR.

GRADE CROSSINGS.
See Appeal and Error, em 242.

See Railroads, On 97.

GAME.

GRAND JURY.
See Fish.

See Indictment and Information, Ow137.
On 9 (Tex.Cr.App.) In prosecution under Act
March 13, 1911 (Acts 32d Leg. c. 60) § 5, for

GRANTS.
having in his possession for the purpose of sale
and for offering to sell the hide of a wild deer, See Municipal Corporations, Om 680–684.
held, that the court's refusal to instruct an ac-
quittal if there was reasonable doubt as to de-

GUARANTY. fendant's possession and offer for sale was reversible error.-Cohen v. State, 179 S. W. 1193. See Frauds, Statute of, 23; Limitation of

Actions, én 46.
GAMING.

III. DISCHARGE OF GUARANTOR. See Indictment and Information, Ow110.

ww57 (Ky.) The extension of time for payem72 (Tex.Cr.App.) Pen. Code, 1911, art. 548, holder to the maker, will discharge a guarantor,

ment of a note which, when extended by the makes it an offense to play cards in the private must be based on a valid contract, founded on room of a boarder at a hotel or boarding house, consideration, and for a definite time.-Marshall where no family occupied the room.-Fondren v.

v. Hollingsworth, 179 S. W. 34. State, 179 S. W. 1170.

Our 67 (Ky.) Negotiator of note indorsing and Om72 (Tex.Cr.App.) A railroad box car set guarantying it unconditionally held not disflat on the ground held not a "private residence" charged, under hy. St. § 3120b, by holder's within the statute punishing gaming.-Garcia v. failure to notify him of maker's default.-MarState, 179 S. W. 1172.

shall v. Hollingsworth, 179 S. W. 34.

or

IV. REMEDIES OF CREDITORS. a statement of facts, cannot be considered as Cm 91 (Ky.). In an action against a guarantor such.--Ex parte Long, 179 S. W. 567. of notes, evidence held insufficient to support on 113 (Tex.Cr.App.) The Court of Criminal defense that defendant's guaranty was written Appeals has no jurisdiction of an appeal from above his indorsement in blank without his the judgment in a habeas corpus proceeding reknowledge or consent.-Marshall v. Hollings- manding the petitioner to custody, where he is worth, 179 S. W. 34.

admitted to bail pending the appeal.—Ex parte In an action against the guarantor of a note, Hengy, 179 S. W. 716. evidence held insufficient to sustain defendant's allegations that at maturity plaintiff agreed

HARMLESS ERROR. with the maker for an extension of one year. See Appeal and Error, Om 1027–1070, 1170; -Id.

Criminal Law, Ow1163–1172; Homicide,

Omm 340, 341.
GUARDIAN AND WARD.

HEALTH.
IV. SALES AND CONVEYANCES UN- See Food; Insurance, O291.

DER ORDER OF COURT.
On77 (M0.App.) Probate courts have no power

HEARSAY. to authorize the sale or incumbrance of prop- See Criminal Law, em 374, 419, 420; Evierty of minor wards, except for their education

dence, On 314-323. or support, or for investment; so that a deed of trust from guardian to secure attorney engaged in litigation, involving their property,

HIGHWAYS. was void.-Eaker v. Harvey, 179 S. W. 985. See Municipal Corporations, On 269-567, 680– O90 (Ky.) Errors in proceedings upon guard- 706; Officers, cm 19, 43, 54, 101; Private ian's action for sale of land of his minor wards Roads; Railroads, On97. held not to render the judgment and sale voidable, so that until appeal under Civ. Code Prac. I. ESTABLISHMENT, ALTERATION, $ 745, or vacation under sections 391, 518, it

AND DISCONTINUANCE. was binding on all parties.-Harris v. Hopkins, (A) Establishment by Prescription, User, 179 S. W. 14.

or Recognition. Om 105 (Ky.) Under the express provision of 6 (Ky.) The peaceable, continuous, and Cir. Code Prac. $ 391, the setting aside of a voidable sale of lands of infant wards does not will constitute the way a public highway.-Rose

open public use of a fenced way for 15 years affect the title of the guardian as purchaser, or

v. Nolen, 179 S. W. 229. of purchasers from him, if they were bona fide purchasers.—Harris v. Hopkins, 179 S. W. 14. (B) Establishment by Statute StatuOm 107 (Ky.) It is only in cases where there

tory Proceedings. is an entire want of jursidiction that a judg- Omw 64 (Tex.Civ.App.) Injunction is the proper ment and sale of a minor ward's land can be remedy where the commissioners' court is procollaterally attacked.-Harris v. Hopkins, 179 ceeding without authority to open a first-class S. W. 14.

60-foot road; Vernon's Sayles' Ann. Civ. St.

1914, art. 6866, giving appeal only as to adeVI. ACCOUNTING AND SETTLEMENT. quacy of damages.-Currie v. Glasscock County, Om 162 (Tex.Civ.App.) The commissions allow- 179 S. W. 1095. ed the county judge by Rev. St. 1911, art. 3850,

If the commissioners' court in laying out a are payable on all cash receipts shown by any first-class 60-foot road is acting in substantial annual account of the guardian when such accompliance with Rev. St. 1911, art. 6863, it count is apnroved by the judge to whom it is cannot be enjoined, though the road would irpresented, rather than of approval of the guard- reparably injure one's land.-Id. ian's final account.-Grice v. Cooley, 179 S. W.

The commissioners' court can be enjoined if 1098.

in laying out a 60-foot road under Rev. St. The word "exhibits,” as used in Rev. St. 1911, art. 6863, it has transcended its authority 1911, art. 3850, providing that a commission or grossly abused its discretion.-Id. shall be allowed the county judge on cash re-sioners' court fraudulently laid out a first-class

Petition for injunction alleging the commisceipts of guardians on approval of exhibits, re-60-foot road several miles to the side of the fers to annual accounts.-Id.

route required by Rev. St. 1911, art. 6863, so as

to pass through plaintiff's lands, states ground GUARDS.

for relief.-Id. See Prisons, Om 10.

m 68 (Mo.App.) In an action for encroachment upon a public highway, evidence held not

sufficient to show that a sufficient amount of HABEAS CORPUS.

money and labor had been expended on the road

so as to vest title thereto in the county under II. JURISDICTION, PROCEEDINGS, Rev. St. 1909, $ 10446.—Copeland v. Pyrtle, 179 AND RELIEF.

S. W. 992. On 85 Tex.Cr.App.) No evidence being offered (C) Alteration, Vacation, or Abandonto sustain the allegations of applicant for writ

ment. of habeas corpus, it must be presumed that the Om72 (Ky.) Under Ky. St. 1909, $ 4303, where, judgment committing him for contempt was correct.-Ex parte Long, 179 S. W. 567.

ou remonstrant's appeal to the circuit court in Om 113 Tex.Cr.App.) On appeal from an or- is had and no error occurs, the objection that

a proceeding to alter a highway, trial de novo der in habeas corpus denying admission to bail, the court ignored remonstrant's exceptions to the Court of Criminal Appeals will not discuss the commissioner's report is unavailing.-Carthe evidence.-Ex parte Sapp, 179 S. W. 109.

rick v. Garth, 179 S. W. 609. Where, in habeas corpus, there was evidence It is not error for the court on appeal to corwarranting the conclusion of the court, in deny- rect a patent clerical error in the record of ing bail, that proof of guilt of a capital offense the proceedings before the board of commissionwas strong, its order will be upheld on appeal.ers from whom the case is appealed.-Id. -Id.

Where a judgment changing the location of a Om 1 13 (Tex.Cr.App.) A transcript of the ste- highway requires the erection of an obstruction nographer's notes attached to an application for across the old highway, the inclusion of such writ of habeas corpus, not being agreed to matter, though not essential to the decision, is

1249

INDEX-DIGEST

Homicide

II. HIGHWAY DISTRICTS AND

ing to convey a homestead of a married man is OFFICERS.

void, where the wife fails to join; nor can he Cm 90 (Ark.) A special statute creating a road alone bind his wife by contract to convey the district for the improvement of a road running homestead.-Id. through an incorporated town held not void be

IV. ABANDONMENT, WAIVER, OR cause it included property in such town without

FORFEITURE. the consent of a majority in value of the property owners first obtained.-Nall v. Kelley, 179 cm 162 (Ark.) Owner of homestead, who, after S. W. 486.

death of wife, rented it, reserving a room for A special statute creating a district to im- his furniture, son, and himself, and thereafter, prove a road running through an incorporated still reserving the room, went elsewhere to take town held not invalid as invading the jurisdic- work, intending ultimately to return and oction of the town by authorizing the improve-cupy the house, held not to have abandoned his ment of a highway constituting one of the homestead.-Hayley Beine & Co. v. Thweatt, streets thereof.-Id.

179 S. W. 995. A special statute creating a road district held not invalid as not sufficiently describing

HOMICIDE. the route of the road to be improved.-Id.

Proceedings under a statute creating a road See Criminal Law, 19312, 368, 478, 510, improvement district held not invalid because 720, 762, 778, 782, 829, 854. one of the commissioners named was not a property owner within the district.--Id.

III. MANSLAUGHTER. A special statute creating a highway improve- 47 (Tex.Cr.App.) Adultery of the deceased ment district held not invalid, under Const. art. with the wife of appellant was “adequate cause' 19, $ 20, as failing to require the board of com- which might reduce the homicide to manslaughmissioners to take an oath of office.-Id. eww 90 (Ark.) Acts 1915 held not to authorize 47 (Tex.Cr.App.) To reduce a killing to

ter.-Vollintine v. State, 179 S. W. 108. the Miller county highway and bridge district manslaughter, and upon defendant's belief of to construct a system of highway improvements adultery between his wife and deceased, the killwithout also constructing the contemplated bridge over the Red river.-Conway v. Miller ing must take place at the first meeting of the County Highway and Bridge Dist., 179 s. w. parties after he has become aware of the facts.

. . 1009.

Adultery of defendant's wife and deceased in ww95 (Ark.) The Legislature has power to con- which she was equally at fault, if such as to be fer upon a board of a road improvement district an outrage against defendant, would afford adeplenary power in the matter of selecting the quate cause reducing the killing to manslaughmaterials as well as forming the plans for the ter.-Id. improvement.-Nall v. Kelley, 179 S. W. 486. Defendant, who had reason to believe that his On 95 (Ark.) Statute requiring road overseers wife had committed adultery with deceased, and to keep roads in good condition held not to au- that deceased was then endeavoring to have such thorize incurring of indebtedness exceeding relations renewed, and whose mind was renderrevenues of district.-Weaver v. King, 179 S. ed incapable of cool reflection, would be guilty W. 507.

only of manslaughter.-Id. Under Kirby's Dig: $8 7314, 7318, under op; en 49 (Tex.Cr.App.) That decedent called actional system of working roads, held that road cused a bastardy son of a bitch was not an inoverseer has no authority to incur an indebted-sult to his mother and did not raise the issue ness for work on his roads in excess of his dis- of manslaughter.-Ahearn v. State, 179 S. W. trict's revenues.-Id.

1150. III. CONSTRUCTION, IMPROVEMENT, Em68 (Tenn.) One negligently operating an AND REPAIR.

automobile in violation of Pub. Acts 1905, c.

172, who killed a child was guilty of felonious Ou991/2 (Ky.) A way used by the public for homicide.

Lauterbach v. State, 179 S. W. 130. 15 years held not a public highway under Ky. One killing another while negligently operatSt. $$ 4287, 4295, which the county court was ing an automobile in violation of a statute is bound to order worked.-Rose v. Nolen, 179 S. not excused by negligence of the person killed. W. 229.

-Id.
HOLDING OVER.

The doctrine of contributory negligence does See Master and Servant, 9; Officers, Om

not apply to criminal acts, and negligence of

one killed by another, who is violating a law, 54.

does not relieve the violator.-Id. HOLOGRAPHIC WILLS. See Wills, Ow132.

IV. ASSAULT WITH INTENT TO KILL.

Om89 (Tex.Cr.App.) Where defendant fired inHOMESTEAD.

to a small room packed with people in reckless

disregard of human life, with intent to kill II. TRANSFER OR INCUMBRANCE. some one, and did shoot some one, his conviction Cu 117 (Tex.Civ.App.) Under Rev. St. 1911. of assault to murder was proper.-Williams v.

. art. 1115, title to lots, occupied by incorporator as a business homestead, agreed by him to be on 95 (Ark.) In prosecution for assault with transferred to the company in return for stock, intent to kill, an instruction that threatening which was issued, neither the application for acts, accompanied by opprobrious words, would the charter nor the affidavit being executed by be a provocation that might reduce the degree such incorporator's wife, did not pass.-Me- of assault held an incorrect statement of the Gough v. Finley, 179 S. W. 918.

law, in view of Kirby's Dig. $ 1587.-Deshazo 118 (Ark.) Defendant, who received

V. State, 179 S. W. 1012. chase price for homestead, sold on executory contract without signature of his wife, cannot

V. EXCUSABLE OR JUSTIFIABLE avoid repayment of purchase price, where prop

HOMICIDE. erty was destroyed before deed was made, Oun 110 (Tex.Cr.App.) Defendant, charged with though she joined in the deed after the fire.- manslaughter, who was shot while down and Waters v. Hanley, 179 S. W. 817.

being beaten by decedent and his friends, had Under Kirby's Dig. § 3901, a deed purport- the right of self-defense to shoot to protect him

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER

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