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INDEX-DIGEST

Insurance

of the insured.--Stout v. Missouri Fidelity & , for forfeiture in case of change of title_not Casualty Co., 179 S. W. 993.

consented to.--Germania Fire Ins. Co. v. TurOmw 146 (Tenn.) Insurance policy, though con- | ley, 179 S. W. 1059. strued, when ambiguous, favorably to insured, held to be construed so as to give effect to the (E) Nonpayment of Premiums or Assess

ments. intention and express language of the parties.Seay v. Georgia Life Ins. Co., 179 S. W. 312. Ou 349 (Mo.App.) Under accident policy taken

out June 4, providing for monthly payments on IX. AVOIDANCE OF POLICY FOR MIS- the 1st day of each month in advance, held,

REPRESENTATION, FRAUD, OR that premium paid August 1st covered insured's
BREACH OF WARRANTY' OR accidental death September 4th, though no pay-
CONDITION.

ment was made September 1st.--Stout v. Mis(A) Grounds in General.

souri Fidelity & Casualty Co., 179 S. W. 993. Cum 256 (Tex.Civ.App.) To avoid a policy for XI. ESTOPPEL, WAIVER, OR AGREEmisrepresentation the false statement must MENTS AFFECTING RIGHT TO have been made willfully and with the intent to AVOID OR FORFEIT POLICY. deceive, and relied upon by the insurer; and a misrepresentation made innocently and' in the Cm388 (Mo.App.) Assurances by an insurance belief of its truth will not avoid the policy.- adjuster, that if the insured would obtain dupAmerican Nat. Ins. Co. v. Anderson, 179° s. licate bills from the wholesale houses, the claim W. 66.

would be adjusted held to constitute a waiver

of the iron-safe clause in the policy.-Travis v. .a ing, as required by Rev. St. 1911, art. 4741, Continental Ins. Co., 179 S. W. 766. subd. 4, that statements in the application, in Eu389 (Ky.) The issuance of a policy to its the absence of fraud, should be representations, agent held waiver by the company of any disand not warranties, a statement as to a ma- advantage from the want of a local representaterial matter fraudulently made would be con- tive arising therefrom.-Massachusetts Bonding strued as a warranty.-American Nat. Ins. Co. & Insurance Co. v. Duncan, 179 S. W. 472. V. Anderson, 179 S. W. 66.

"warranty" enters into and forms a part of XII. RISKS AND CAUSES OF LOSS. . the contract itself, defining the limits of the obligation beyond which no liability arises ;

(C) Guaranty and Indemnity Insurance.

a "representation," made before or at the time Ow430 (Tenn.) Policy insuring physician of the contract, presents the elements on which against liability for mistake of assistant while the risk to be assumed is to be estimated.-Id. acting under assured's instructionsheld not to

cover case treated by assistant without instruc(B) Matters Relating to Property or In- tions other than previous general instructions.terest Insured.

Seay v. Georgia Life Ins. Co., 179 S. W. 312. em 278 (Ark.) A policy on a house insured as a dwelling house held, absent provision in the pol- XIII. EXTENT OF LOSS AND LIA. icy, not voided by insured keeping private

BILITY OF INSURER. boarders therein.- Milwaukee Mechanics' Ins.

(D) Life Insurance. Co. v. Fuquay, 179 S. W. 497.

Om515 (Ky.) That death was caused by strain (C) Matters Relating to Person Insured. held not to limit recovery of beneficiary to C291 (Ky.) A representation of no constitu. amount provided for as disability indemnity to tional disease, made by assured in an applica assured in case of strain.—Massachusetts Bondtion for a policy, held not a misrepresentation ing & Insurance Co. v. Duncan, 179 S. W. 472. of fact, because of affliction with hemorrhagic diathesis.-Massachusetts Bonding & Insurance XIV. NOTICE AND PROOF OF LOSS. Co. v. Duncan, 179 S. W. 472.

Ow533 (Tex.Civ.App.) Under Vernon's Sayles' C291 (Tex.Civ.App.) That insured was not Ann. Civ. St. 1914, art. 4874, where property in sound health at time of delivery of a life insured is totally destroyed by fire, the liability insurance policy as required by its provisions of the insurance company accrues immediately held a good defense to suit thereon.-American after the occurrence of the fire, regardless of Nat. Ins. Co. v. Arderson, 179 S. W. 66.

stipulations as to notice and proof of loss.Misstatement as to insured's health made in Fire Ass'n of Philadelphia v. Richards, 179 S. his application held material to the risk.-Id. W. 926.

Misstatement as to insured's health made in 539 (Tex.Civ.App.) Under Vernon's Sayles' his application held, under Rev. St. 1911, art. Ann. Civ. St. 1914, art. 5714, a stipulation in a 4751, subd. 4, and article 4947, not excused by fire insurance policy that proof of loss must his ignorance.-Id.

be made within 90 days after_fire was void.X. FORFEITURE OF POLICY FOR W. 926.

Fire Ass'n of Philadelphia v. Richards, 179 S. BREACH OF PROMISSORY WARRANTY, COVENANT, OR CONDITION On 549 (Ky.) Failure to delay interment inSUBSEQUENT.

definitely upon request of insurance company

held not to avoid policy for breach of provision (A) Grounds in General.

entitling company to hold autopsy.-Massachu310 (Mo.App.) Where the by-laws of the setts Bonding & Insurance Co. v. Duncan, 179 company were expressly made part of the con- S. W. 472. tract by a life policy, they providing that a A refusal to grant a motion for exhumati in proceeding must be had to forfeit the policy for and autopsy in an action on an accident policy the making of false statements in the applica- held not error, where defendant failed to show tion, such policy was not forfeited for such that an autopsy would determine the cause of false statements, in the absence of any proceed- death.--Id. ing to that end.--Jennings v. National American, heta insufficient to support motion for exhuma

Evidence in an action on insurance policy 179 S. W. 789.

tion and autopsy on assured's body.-Id. (B) Matters Relating to Property or In- Indirect refusal by beneficiary of request for terest Insured.

autopsy as provided in policy, with suggestion of cm328 (Ky.) Transfer of insured property proofs in lieu, held not to avoid policy for without the consent of the insurer and the breach of autopsy provision.-Id. subsequent retransfer to the original owner Om556 (Ark.) An insurance company's adjustheld not to avoid the policy, under provisions I er held authorized to waive proof of loss.-Milwaukee Mechanics' Ins. Co. v. Fuquay, 179 S. XX. MUTUAL BENEFIT INSURANCE. W. 497.

(A) Corporations and Associations. Our 558 (Ark.) Filing proof of loss held waived, 687 (Mo.App.) Whether an insurance comwhere insured, at the adjuster's direction, procured and furnished estimates of cost of re- pany did an old-line or fraternal insurance busibuilding. - Milwaukee Mechanics Ins. Co. Ñ ness was determined, not by what it called itFuquay, 179 S. W. 497.

self or its business, but by the character of the

policy in suit and the manner in which the deXVIII. ACTIONS ON POLICIES.

fendant conducted its business.--Jennings v. Na

tional American, 179 S. W. 789. Om622 (Tex.Civ.App.) A provision in a fire insurance policy that suit thereon should be

(C) Dues and Assessments. brought before the expiration of 2 years from Cm740 (Tex.Civ.App.) Deposit of total amount the accrual of the cause of action held invalid, of assessments collected by officer of mutual under Vernon's Sayles' Ann. Civ. St. 1914, art. benefit society without retention of commission 5713.-Fire Ass'n of Philadelphia v. Richards, held to be payment of assessments due on his 179 S. W. 926.

own policies. Knights of the Maccabees of the mm 645 (Mo.App.) In an action on a life policy, World v. Parsons, 179 S. W. 78. where the defense of forfeiture was not properly pleaded, the exclusion of evidence to substan

(D) Forfeiture or Suspension. tiate it was proper.-Jennings v. National Amer-m744 (Tex. Civ. App.) Collecting officer in arican, 179 S. W. 789. In an action on a life policy providing the held not to forfeit policy under his obligation

rears to local lodge of mutual benefit society application should be taken as part of the con- to not knowingly wrong or defraud the lodge.tract, the plaintiff was not required to intro- Knights of the Maccabees of the World v. duce 'the application in evidence with the policy. Parsons, 179 S. W. 78. -Id.

Under Rev. St. 1909, $ 7024, in absence of pleading and evidence that alleged misrepresen-lom788 (Ky.) Where assured was so insane as

(E) Beneficiaries and Benefits. tations in application for life insurance were material to the risk, evidence tending to show to render him not mentally responsible for his their falsity could not defeat the beneficiary's suicide, policy held not avoided by suicide forrecovery.-Id.

feiture clause.-Sovereign Camp, Woodmen of

the World v. Ethridge, 179 S. W. 1022. Omw 646 (Ky.) Categorical answers to questions in application are presumed to supply the in

(F) Actions for Benefits. surer with all nformation necessary to acceptance or rejection of risk.-Massachusetts Bond-On 819 (Tex.Civ.App.) Evidence, in an action ing & Insurance Co. v. Duncan, 179 S. W. 472. on mutual benefit certificates, held to author

ize a finding that assured was dead.-Knights m 658 (Tex.Civ.App.) Testimony

the of the Maccabees of the World v. Parsons, 179 condition of the insured property more than S. W. 78. 812 months after the fire is inadmissible, in an It is not necessary that the evidence concluaction on a fire policy, without a showing that sively show the death of assured.-Id. the condition was the same then as immediately 825 (Ky.) In an action on a life policy deafter the fire.-Occident Fire Ins. Co. v. Linn, fended for suicide, evidence held sufficient to go 179 S. W. 523.

to the jury on the question of assured's irWhere a piano was insured against fire, evi- responsible insanity.-Sovereign Camp, Wooddence in an action on the policy as to the cost men of the World v. Ethridge, 179 S. W. 1022. of repolishing the piano which was damaged and repairing its internal mechanism was im

INSURRECTION. properly received, where there was no showing of that sort of damage.-Id.

See War. Om 665 (Ky.) Evidence in an action by a beneficiary under an accident policy to recover for

INTENT. the death of assured held to sustain a finding See Bigamy, Em1; Contracts, Cw147; Crimthat assured's answers to questions in the application were truthful.-Massachusetts Bond

inal Law, On371; Embezzlement, Om 39;

False Imprisonment, Cm 24; Fixtures, 4. ing & Insurance Co. v. Duncan, 179 S. W. 472. Om 665 (Tex.Civ.App.) In an action on a fire

INTEREST. policy, wherein it was contended that a settlement was obtained by duress, evidence held suf- See Corporations, Om228; Damages, Om69; ficient to sustain the plea thereof.-Fire Ass'n

Usury. of Philadelphia v. Richards, 179 S. W. 926. Cm 668 (Ark.) Whether an insurance company's

INTERPLEADER. adjuster received estimates of cost of rebuild- See Action, Em57. ing, which insured testified he mailed to him properly addressed, held a question for the jury. II. PROCEEDINGS AND RELIEF. --Milwaukee Mechanics’ Ins. Co. v. Fuquay, le 23 (Tex.Civ.App.) That defendants pleaded 179 S. W. 497.

Whether the adjuster waived forfeiture be-on information and belief that money was due cause of oil being kept on the premises in great- H. and not plaintiff held not to show such parer quantity than permitted held a question for tiality as prevented them from interpleading H. the jury on evidence that he, having a list of Pulkrabeck v. Griffith & Griffith, *179 S. W. the articles kept in the house, directed insured

282. to send estimates of cost of rebuilding.-Id.

INTERSTATE COMMERCE. ww668 (Ky.) Whether answer that it was good, in application for insurance, to question See Carriers, Omn32; Commerce. as to mental and physical condition, was truthful, held for jury.-Massachusetts Bonding &

INTERVENTION. Insurance Co. v. Duncan, 179 S. W. 472.

See Parties, m 40. cm 669 (Tex.Civ.App.) A requested charge that, the market value after the fire of the piano in

INTOXICATING LIQUORS. sured not having been shown, no recovery could be had, held properly refused, under the evi- See Carriers, ww45, 90-92; Commerce, Cm 8; dence.-Occident Fire Ins. Co. v. Linn, 179 S. Criminal Law, On 27, 147, 507; Indians. Om 1257

INDEX-DIGEST

Judges

I. POWER TO CONTROL TRAFFIC. dence held to warrant conviction.-Winterman Om6 (Mo.App.) The traffic in intoxictaing liq- v. State, 179 S. W. 704.

convicuors derives its authority only from statute, and O236 Tex.Cr.App.) To warrant a shipper's right to an express company's per- tion of pursuing the business of selling intoxformance of its contract to deliver intoxicating icating liquor in local option territory, the liquors C. O. D. is always subject to the police state must prove at least two sales.-Brice v. power of the state.-Danciger v. American Ex- State, 179 S. W. 1178.

Evidence held insufficient to warrant a conpress Co., 179 S. W. 797.

viction.-Id. Om 10 (Ark.) Under Kirby's Dig. $ 5438, a city may impose a license fee upon both wholesale Cm 238 (Tex.Cr.App.) In a prosecution for unand retail selling, although both are conducted lawfully selling intoxicating liquor in a prohiby the same person in the same room, and bition county, the positive testimony of the though the state and county tax under sections state's witness that defendant sold him intoxi5109-5111 does not require a wholesale tax in cating liquor as charged, denied by defendant, such a case.-Gunther v. City of Hot Springs, made the offense a question for the jury 179 S. W. 505.

Grisham v. State, 179 S. W. 1186.
IV. LICENSES AND TAXES.

INTOXICATION.
46 (Ark.) Where the statute authorizing See Carriers, On284.
municipalities to license, tax, or suppress re-
tailers and wholesalers of liquor fixes no maxi-

INVESTMENT.
mum fee which may be charged, an ordinance
fixing the license fee cannot be void because the See Remainders, Om 16.
amount is unreasonable.-Gunther v. City of
Hot Springs, 179 S. W. 505.

INVITEES.
V. REGULATIONS.

See Negligence, 32.
em 1 1242 [New, vol. 20 Key-No. Series]
(Ky.) The Webb-Kenyon Act prohibits

ISSUES.
the shipment of intoxicating liquor into states
in which its sale is unlawful, only when the See Appeal and Error, ww171-179.
liquor is intended for an unlawful use.-Com-
monwealth v. White, 179 S. W. 469.

JEOPARDY.
VI. OFFENSES.

See Criminal Law, Ow170–200.
Om 139 (Ky.) In spite of Ky. St. 1915, § 2569
et seq., one may lawfully have in his possession

JITNEYS. liquor purchased where its sale is lawful.-Com- See Carriers, Em2, 4; Constitutional Law, Canon monwealth v. White, 179 S. W. 469.

207, 208; Injunction, em 65; Licenses, m7; Om 141 (Tex.Cr. App.) That defendant

may

Municipal Corporations, 121, 697, 703. have been in some other business would not prevent him from pursuing the occupation of selling liquor to all who applied to him.-Bag

JOHNSON GRASS. ley v. State, 179 S. W. 1167.

See Agriculture, mm 8. Om 150 (Tex.Cr. App.) Under Pen. Code, art. 611, the offense denounced is the sale of intoxicants without a license, and not engaging in the

JOINDER. business of selling without a license.-Winter-See Indictment and Information, em 128. man v. State, 179 S. W. 704. VIII. CRIMINAL PROSECUTIONS.

JOINT ADVENTURES. ww223 (Tex.Cr.App.) On a trial for selling 5 (Ky.) In an action on a contract for the whisky in prohibition territory, the time and purchase and sale of timber whereby plaintiff place where the prosecuting witness claimed to was to have half the profits less purchase money have bought the whisky from accused were di- advanced by defendants, the charge to the jury rectly in issue and properly shown.--Engman held good.- Daniel v. Daniel, 179 S. W. 5. v. State, 179 S. W. 569. On 224 (Ky.) The commerce clause of the Unit

JOINT CONTRACTS. ed States Constitution attaches to lawful shipments of liquor, and courts will not presume, See Insurance, Ow74. in the absence of proof, that a record of interstate liquor shipments kept as required by Ky.

JOINT TENANCY. St. 1915, § 2569b, subsec. 3, contains a record of unlawful shipments.-Commonwealth v. See Tenancy in Common. White, 179 S. W. 469. Ow226 (Tex.Cr.App.) On trial for selling whisky, state held properly permitted to show lo

JUDGES. cation of building in which accused had a room, See Counties, Om 190; Courts, Om 184; and the furniture in such room when a witness Justices of the Peace. was in it.- Engman v. State, 179 S. W. 569. On 236 (Tex.Cr.App.) In a prosecution for vi. III. RIGHTS, POWERS, DUTIES, AND olating the prohibition law, evidence held suffi

LIABILITIES. cient to sustain a conviction.-Sloan v. State, em 22 (Ky.) One is disqualified by interest to 179 S. W. 111.

vote as a member of a county's fiscal court on a enn 236 (Tex.Cr.App.) Evidence, on a prosecu- motion to fix salaries, including his own as tion for pursuing the business of selling intoxi-county judge.-Hurt v. Morgan County, 179 S. cating liquor in prohibition territory, held to W. 255. support a conviction, especially when aided by 22 (Tenn.) Judge of juvenile court applea of guilty.-Luttrell v. State, 179 S. W. 566. pointed under Priv. Laws 1913, c. 277, which cm 236 (Tex.Cr.App.) In a prosecution for sell provided no salary, held entitled to salary creing intoxicating liquor without a license in a ated by Act of 1915, under Const. art. 6, $ 7.county where prohibition was not in force, evi-State v. Brown, 179 S. W. 321.

JUDGMENT.

ed could not be made in vacation.-Moore v.

Toyah Valley Irr. Co., 179 S. W. 550.
See Appeal and Error, Omw 493, 907; Courts,
Cm184; Divorce, en 152; Execution.

IX. OPENING OR VACATING.
For judgments in particular actions or pro-C391 (Ark.) In order to vacate a judgment

ceedings, see also the various specific topics. for fraud practiced by the successful party, it is For review of judgments, see Appeal and Error. necessary that the defense of the action be suf

ficiently alleged and that such defense be adI. NATURE AND ESSENTIALS IN judged a valid one.-Smith v. Minter, 179 S. W. GENERAL.

341. Om l (Tex.Civ.App.) The “judgment” of a court is what the court pronounces; its “rendition"

X. EQUITABLE RELIEF. is the judicial act by which the court settles and (A) Nature of Remedy and Grounds. declares the decision of the law upon the mat-lom 416 (Ky.) That a note was not assigned in ters at issue; and its "entry” is the ministeri- writing by the payee does not render void the al act by which the enduring evidence of the ju- default judgment obtained thereon by another, dicial act is afforded.—Moore v. Toyah Valley so as to authorize enjoining its collection.Irr. Co., 179 S. W. 550.

Ross v. Ross, 179 S. W. 454. Om 17 (Ky.) Under Civ. Code Prac. § 135, plaintiff, whose petition in an action to enforce (B) Jurisdiction and Proceedings. à vendor's lien note alleged a cause of action m 461 (Ky.) Evidence in a suit to have a judgon other notes not then due, was entitled to a ment for sale by way of partition set aside for judgment on the notes maturing after the peti- fraud in procuring it held to show no fraud, tion was filed, without other process.-Stone v. but abandonment of an agreement for division Daniels, 179 S. W. 831.

through disinterested persons.-Jordan v. Crom

well, 179 S. W. 407. IV. BY DEFAULT.

XIII. MERGER AND BAR OF CAUSES (B) Opening or Setting Aside Default.

OF ACTION AND DEFENSES. Om 138 (Ky.) In action to enforce vendor's lien

(A) Judgments Operative as Bar. notes, answer, tendered after judgment, filed with motion to set aside judgment, setting up em 540 (Mo.App.) Where two actions present deficiency and claim of set-off, without showing the same parties or their privies, the same subwhy the deficiency could not have been sooner ject-matter, and the same claim or demand, a discovered, held to show on its face lack of dili- judgment in the first action, if rendered on the gence.-Stone v. Daniels, 179 S. W. 831. merits, constitutes an absolute bar to a second

action.-Danciger v. American Express Co., 179 VI. ON TRIAL OF ISSUES.

S. W. 806.

Ow559 (Ky.) That plaintiff, in a suit on a (A) Rendition, Form, and Requisites in fire policy, has been convicted of arson in setGeneral.

ting fire to the insured building, is not a bar to mw 199 (Tex.Civ.App.) The court had no pow- his recovery.–Liverpool & London & Globe er to render judgment in disregard of the jury's Ins. Co. v. Wright, 179 S. W. 49. findings; its power being limited to, setting aww 570 (Mo.App.) Where demurrer to the eviaside the verdict and granting new trial.- Post-dence was sustained and an involuntary nonal Telegraph Cable Co. of Texas v. De Krekko, suit taken which the court refused to set aside, 179 S. W. 525.

judgment held not to bar a new action under

Rev. St. 1909, $ 1900.-Woods v. Missouri Pac. (B) Parties.

Ry. Co., 179 S. W. 727. Om 240 (Tex.Civ.App.) Where the verdict found a joint liability, against defendants, there was (B) Causes of Action and Defenses Merg

ed, Barred, or Concluded. no error in a judgment decreeing a joint and several liability: -San Antonio U. & G. Ry. Co. Pm592 (Mo.App.), Where a demand arises out v. Yarbrough, 179 S. W. 523.

of separate and distinct causes of action, the

rule against splitting causes of action obviously (C)_ Conformity to Process, Pleadings,

does not apply; and, where the respective deProofs, and Verdict or Findings.

mands grow out of independent acts, contracts, On 256 (Tex.Civ.App.) Under Rer. St. arts. or transactions, they cannot be treated as parts 1986, 1990, 1994, the court must conform the of a single cause.—Danciger v. American Exjudgment to the special findings of the jury.-press Co., 179 S. W. 806. McLemore v. Bickerstaff, 179 S. W. 530.

Om597 (Mo.App.) Shipper's recovery against 256 (Tex.Civ.App.) The issues found by the express company for conversion of number of jury should respond to the pleadings, and if shipments of intoxicating liquors held not a bar they do not the issues so found should be re- to a subsequent action for the conversion of garded as immaterial, and not be considered in other shipments made under separate contracts. l'endering the judgment.--Morris v. McSpadden, --Danciger v. American Express Co., 179 S. W. 179 S. W. 554.

806. In a suit for partnership accounting, finding

XV. LIEN. as to funds not divided by agreement held im-w769 (Tex.Civ.App.) Indexing of an abstract material, no division by agreement having been of a judgment duly recorded is, under Vernon's pleaded, and not to render judgment on the oth- Sayles' Ann. Civ. St. 1914, arts. 5614-5616, iner findings erroneous.-Id.

dispensable to the creation of a lien.-Whitaker

v. Hill, 179 S. W. 539. VIII. AMENDMENT, CORRECTION,

Oww788 (Tex.Civ.App.) Judgment creditor may, AND REVIEW IN SAME

notwithstanding unrecorded deed, acquire a lien COURT.

by complying with Vernon's Sayles' Ann. Civ. 297 (Tex.Civ.App.) Court held to have au- St. 1914. arts. 5614-5616, or by levy of exethority to correct its minutes to make judgment cution without notice under articles 6827, 6828, dispose of the rights of all parties, as was done of a third person's ownership, and under artiby the judgment as actually rendered.-- Moore cle 6824, subject the land to his judgment.v. Toyah Valley Irr. Co., 179 S. W. 550. Whitaker v. Hill, 179 S. W. 539. Om 299 (Tex.Civ.App.) Under Rev. St. 1911,

XVII. FOREIGN JUDGMENTS, arts. 2015, 2016, held that, where judgment as entered did not dispose of rights of certain par-m822 (Ark.) Former judgment in another 1259

INDEX-DIGEST

Jury

ground of grantor's incompetency and grantee's 13 (Ky.) Where a distinct legal issue is undue influence, held res judicata in a subse- made in an equitable action, either party may quent suit between the same parties involving have such issue decided by a jury.- Procter v. the same issues.-Fromholz v. McGahey, 179 S. Tubb, 179 S. W. 620. W. 360. Pleadings and orders in suit in another state tractor to remodel a house, to cancel a lien,

Om 13 (Ky.) In owner's action against a conheld sufficient to sustain a plea of res judicata. such owner claiming damages by defective re-Id.

construction, the contractor had the right to a Om 822 Tex.Civ.App.) Under Const. U. S. art. jury trial as to whether there was anything 4, § 1, judgment of Wisconsin court having due him.-Scott v. Kirtley, 179 S. W. 825. jurisdiction of subject-matter and parties held entitled to same force and effect in Texas as in Omw 14 (Mo.App.) Petition, seeking a disaffirmWisconsin.--American Express Co. v. North Ft. ance of contract entered into during minority Worth Undertaking Co., 179 S. W. 908.

and the return of the consideration paid, held

to show a case of equitable jurisdiction, not XXI. ACTIONS ON JUDGMENTS.

interfered with by Rev. St. 1909, § 2786, re

lating to the ratification of minors' contracts. (B) Foreign Judgments.

Moser v. Renner, 179 S. W. 970. On 944 (Tex.Civ.App.) Evidence held to show in 25 (Ky.) The right to a jury trial as to legal that Wisconsin judgment against plaintiffs, in issues in an equitable action depends upon action in which defendant was sued as gar- whether application is seasonably made.-Procnishee, was valid, though plaintiffs were sued ter v. Tubb, 179 S. W. 620. in their firm name.-American Express Co. v. The application for the submission of legal isNorth Ft. Worth Undertaking Co., 179 S. W. sues to a jury in an equitable action must be 908.

made when the answer is filed, or within a rea

sonable time.-Id. XXII. PLEADING AND EVIDENCE OF What is a reasonable time for a party to an JUDGMENT AS ESTOPPEL OR equitable action to apply for a jury trial as to DEFENSE.

legal issues is a matter within the sound discreOm 951 (Tex.Civ.App.) In suit to foreclose a tion of the trial court.-Id. vendor's lien, where the only objection to the

Where defendant in equity suit waited several original judgment of partition, admitted in evi- months, after filing answer and until after the dence to show that title to the purchase notes case had been referred on his motion, application was vested in plaintiff's wards, was that such for a jury trial as to the legal issues was too judgment affected title to land and had never

late.-Id. been recorded, its admission was proper.-Stewart v. Thomas, 179 S. W. 886.

IV. SUMMONING, ATTENDANCE, DIS

CHARGE, AND COMPEN-
JUDICIAL ADMISSIONS.

SATION.
See Evidence, Ow211.

w75 (Ky.) Under Ky. St. $ 2261, trial courts

are without authority to discharge a second JUDICIAL NOTICE.

jury impaneled after the discharge of the reguiSee Evidence, Om5, 32.

lar first panel after a week's service, to im

panel a third jury for the succeeding week, and JUDICIAL POWER.

to continue the practice for the term.-Imperial

Jellico Coal Co. v. Fox, 179 S. W. 1032. See Constitutional Law, Omm 68.

V. COMPETENCY OF JURORS, CHALJUDICIAL SALES.

LENGES, AND OBJECTIONS, See Appeal and Error, om 708; Guardian and

97 (Mo.App.) In suit for death of two year Ward, Om77-107; Remainders.

old girì, overruling defendant's challenge for Om 31 (Ky.) Though written exceptions to judi- cause to a juror who stated that if the evicial sale were not traversed in writing, they dence were evenly balanced his sympathies are not admitted, and the exceptor is not en- would probably influence him in favor of plaintitled to have them sustained for that reason. tiff, unless otherwise instructed, held proper.-Graves' Committee v. Lyons, 179 S. W. 413. Albert v. St. Louis Electric Terminal Ry. Co., Omw 35 (Ky.) A judicial sale should not be set

179 S. W. 955. aside except for cause interfering with bringing Om99 (Ark.) Opinion formed and expressed as the reasonable value of the property sold, the to guilt of defendant held not to disqualify court taking into consideration the rights of all. juror to sit in subsequent trial of defendant's -Bethurum v. Baker, 179 S. W. 436.

sanity at the time of trial for the crime. —

Dewein v. State, 179 S. W. 346.
JURISDICTION.

Om 103 (Ark.) A juror is not disqualified be

cause persons had detailed to him the facts as See Courts; Justices of the Peace, Ow58. testified to in the justice court, and thought

he had formed an opinion therefrom, where he

says he can and will disregard all this and JURY.

fairly try defendant on the evidence.-Tisdale v. See Appeal and Error, em 685, 922; Criminal State, 179 S. W. 650.

Law, 185, 854, 866, 925, 928, 1148;
Equity, On377–385; New Trial, Om49;
Trial, On 370-374.

VI. IMPANELING FOR TRIAL AND

OATH. II. RIGHT TO TRIAL BY JURY. Om 146 (Tex.Cr.App.) Where veniremen failed Om 10 (Ky.) The constitutional right of jury

to appear and answer as their names were calltrial exists only where by the common law à ed in impaneling the jury, but were later called jury trial was customarily had, and the right to and examined, and the defendant exhausted trial by jury means a trial according to the only 12 of his 15 peremptory challenges, there course of the common law.–Stearns Coal & is no error in proceeding with the trial. T'hompLumber Co. v. Commonwealth, 179 S. W. 1080. I son v. State, 179 S. W. 561.

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