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completing a street improvement, on failure of (F) Enforcement of Assessments and Spea contractor, without advertising for further

cial Taxes. bids.-Bayes v. Town of Paintsville, 179 S. W. 562 (Ky.) An assessment for street im623.

provement held not invalidated by changing plan

and ordinance, and letting work under the new (D) Damages.

ordinance, after a contract for some of the en385 (Ark.) A city is liable for damages to work under the first ordinance has been comabutting owner from change of grade of street.-- pleted.-Bayes v. Town of Paintsville, 179 S. Eickhoff v. City of Argenta, 179 S. W. 367. W. 623. On 400 (Ark.) Kirby's Dig. $ 5672, providing

The property owner cannot, in an action by that street improvements shall be made with a municipality to enforce a lien for payment of reference to grades as fixed by the city ordinanc- an apportionment warrant for a street improvees, held to impose liability for damages caused ment, assert a counterclaim or set-off against it. by change of established grade on city, and not -Id. on improvement district.-Eickhoff v. City of m567 (Ky.) One must allege and prove a Argenta, 179 S. W. 367.

wrong basis of apportioning cost of a street imOn 404 (Ark.) Complaint against an improve-provement, and consequent damage, to have rement district held fatally defective for failure lief on that ground against his assessment.to allege that the district was created for the Bayes v. Town of Paintsville, 179 S. W. 623. purpose of grading the street in front of plaintiff's buildings.-Eickhoff v. City of Argenta, X. POLICE POWER AND REGULA179 S. W. 367.

TIONS. (E) Assessments for Benefits, and Special (A) Delegation, Extent, and Exercise of

Power. Taxes. ww406 (Ky.) Ky. St. $ 3706, expressly empow- licensing and regulating motor busses, requiring

On 591 (Tex.Civ.App.) Provision of ordinance ers trustees of a town of the sixth class to con- an inspection and a new certificate weekly, held property, not exceeding 50 per cent. of the value not objectionable, as a municipal delegation of property, not exceeding 50 per cent. of the value police power intrusted to it by the state.-Booth of the land.-Bayes v. Town of Paintsville, 179 v. City of Dallas, 179 S. W. 301. S. W. 623. Om 407 (Ky.) Assessment of cost of curbing XI. USE AND REGULATION OF PUBand guttering against abutting property held

LIC PLACES, PROPERTY, not double taxation, on theory that bonds issued

AND WORKS. for reconstruction of street was also intended to cover the curbing and guttering.-Shuey V.

(A) Streets and Other Public Ways. Trapp, 179 S. W. 578.

O 680, 681 (Ky.) Ky. St. § 3636, regulating cm 407 (Ky.) A local assessment for the cost municipal franchise grants, must be strictly of a local improvement held not a "tax" within followed.-Eastern Kentucky Home Telephone Const. 88 157, 171, limiting tax rate and re- Co. v. Hatcher, 179 S. W. 7. quiring uniformity of taxes.-Vogt v. City of 682 (Ky.) An exclusive franchise to electric Oakdale, 179 S. W. 1037.

light and power company held beyond the power Ky. St. § 3643, providing for local assessments of a city to grant.-City of Princeton v. Princefor street improvements, held constitutional. ton Electric Light & Power Co., 179 S. W. 1074. -Id.

A franchise for more than 20 years is beyond Om 413 (Ky.) Where its charter required a the power of the city to grant.-Id. street railroad company to conform its tracks A grant by a city of a franchise to an electric to the grade of the street and keep the portion light and power company for 10 years, to begin occupied in good repair, the cost of improving about 412 years later, is invalid.-Id. that portion should be assessed against the rail

. Om683 (Ky.) Purpose of Const. § 164, is to road company, and not abutting owners.-City prevent municipalities from granting franchisof Maysville v. Davis, 179 S. W. 463. Under Ky. St. $$ 3567, 3573, 3576, abutting them to receive bids after advertisement.-City

es without sufficient consideration, by compelling owners on street may be charged with an im- of Princeton v. Princeton Electric Light & Powprovement, notwithstanding that portion occupied by car tracks was left unimproved, and er Co., 179 S. W. 1074. the ordinance authorizing a change was invalid,

Under Const. § 164, a city, advertising for the engineer having authorized the change, and the sale of a franchise with the right to exerthe work having been accepted.-Id.

cise it for 10 years, cannot grant a valid fran

chise for a greater number of years.-Id. Om 414 (Ky.) Under Ky. St. $$ 3565, 3566,

An ordinance of a city granting a franchise cost of curbing and guttering held properly as- for 10 years, enacted without advertising and sessed against abutting property, though done in receiving bids as required by Const. § 164, is connection with reconstruction of the carriage- void.-Id. way of the street.—Shuey v. Trapp, 179 S. W. ww684 (Ky.) Any ambiguity in an ordinance 578.

granting a franchise as to the time in which it Cm430 (Ky.) The owner of a lot by convey- is to be enjoyed will be construed more strictly ing the front eight feet, reserving right to use against the grantee.-City of Princeton it for ingress and egress, with provision against Princeton Electric Light & Power Co., 179 S. construction thereon, cannot exempt the rest W. 1074. from assessment for street_improvement, as om 697 (Tenn.) Where a statute regulates jitnot abutting on the street.-Bayes v. Town of neys and prohibits their operation, except upon Paintsville, 179 S. W. 623.

conditions named, but they are operated in vioOm 446 (Ky.) Abutting owners held not en-lation of law, with danger to persons and proptitled to object to a change in the method of erty, they may be enjoined at the suit of an inimproving a street, where the city could not dividual showing special damage.- Memphis St. secure removal of car tracks, the change not Ry. Co. v. Rapid Transit Co., 179 S. W. 635. increasing the expense.-City of Maysville v. Relief by an injunction against a nuisance, obDavis, 179 S. W. 463.

structing the highway, need not be sought by an Cm 446 (Ky.) That by the plan of paying streets abutting owner, but may be had by any individand constructing sewers, the sewer pipes are ual who can show special damage to himself. smaller in some streets than others does not|--Id. invalidate the assessments in streets having the Cm703 (Tenn.) The Legislature, being endowlarger pipes, absent a showing of fraud in adopted with police power to regulate the use of ing the plan.-Bayes v. Town of Paintsville, 179 streets in public places, may prescribe the con1271

INDEX-DIGEST

Municipal Corporations

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der to operate.-City of Memphis v. State. 179 placed the obstruction in the street itself.-Gnau
S. W. 631.

V. Ackerman, 179 S. W. 217.
Omw 703 (Tenn.) Under Acts 1915, c. 60, a jitney

Where an obstruction placed in a street by a
company is altogether without right to do busi- property owner with the permission of the city
ness on the streets of a city, which has passed made the street unsafe, the city and the prop-
no ordinance pursuant to the act, and the de- erty owner were jointly and severally liable for
fendants have failed to procure any license or resulting injuries.-Id.
execute any_bond under the act.--Memphis St. Om762 (Ky.) Duty of city to keep streets and
Ry. Co. v. Rapid Transit Co., 179 S. W. 635. sidewalks reasonably safe extends to defects
Cm703 (Tex.Cr.App.) Under Austin city char- caused by acts of third persons.-Eagan v. City
ter, held, that the city could enact all reason of Covington, 179 S. W. 1026.
able ordinances necessary to regulate the han-w763 (Ky.) City held bound to exercise ordi-
dling of automobiles, including jitneys, and the nary care to keep streets reasonably safe for use
use of street by persons operating them in the by children as well as adults.-Gnau v. Acker-
carriage of passengers for hire.-Ex parte Bogle, man, 179 S. W. 217.
179 S. W. 1193.

If higher degree of care is required to keep A jitney ordinance requiring an indemnity streets safe for children than for adults, city bond or filing of insurance policy as prereq- held bound to exercise such higher degree of uisite to a license held not objectionable as

care.--Id. creating a liability against the licensee or his mm 767 (Mo.App.) A municipality need not bondsmen in favor of strangers to the licensee keep its streets free from ruts, and the fact and licensor.-Id.

that a truck driver's wheel went into a rut, he Om705 (Mo.App.) Ordinance limiting speed of being thrown out, did not render the city liable, automobiles to 12 miles an hour held not to unless the rut rendered the street not reasonably authorize such speed under all circumstances safe for travelers exercising ordinary care and not conclusive that speed of 10 miles an Morrill v. Kansas City, 179 Š. W. 759. hour

was not negligence.-Ginter v. O'Donoghue, Om788 (Ky.) Where city authorized obstruction 179 S. W. 732.

of street by building material, held actual noUnder Rev. St. 1909, § 8523, care required of tice was not necessary to make it liable for inautomobile driver held to be determined accord- juries.--Gnau v. Ackerman, 179 S. W. 217. ing to attending and surrounding circumstances ww788 (Ky.) City held not liable for injuries and the exigencies of the situation.-Id.

from defective sidewalk caused by act of third ww705 (Mo.App.). Owner of automobile, driven person, unless charged with knowledge of deby chauffeur negligent in failing to see boy fect.-Eagan v. City of Covington, 179 S. W.

1026.
approaching street crossing on roller skates
at a negligent rate of speed in time to stop the

City held not liable for injuries from defeccar to avoid a collision, held liable for the boy's tive sidewalk caused by overflow in the absence death.-Hopfinger v. Young, 179 S. W. 747.

of knowledge of defect.-Id. Cm706 (Ky.) Under Civ. Proc. $ 129, variance Cm 805 (Mo.App.) Where a walk is not glaringEmo 706 (Ky.) Under Civ. Proc. $ 129, variance ly dangerous, a pedestrian may use it exercising between petition and proof in action against au- ordinary care, but, if so glaringly dangerous tomobile owner and his chauffeur for injuries that an ordinary person would not use it, the sustained by plaintiff in collision with the car held immaterial.-Weil v. Hagan, 179 S. W. against the city.-Morgan v. City of Kirksville,

w. of 835.

179 S. W. 755. Ow706 (Mo.App.) Where an action for injuries 808 (Ky.) That property owner placing obto a person struck by an automobile is not sub- struction in the street obtained the right to do mitted specifically upon the theory of the human- so from the city held not to relieve him from itarian or last chance doctrine, contributory the duty of leaving the street in a safe condinegligence will defeat a recovery.-Ginter v. tion.—Gnau v. Ackerman, 179 S. W. 217. O'Donoghue, 179 S. W. 732.

Where an obstruction placed in a street by a Contributory negligence of person struck by property owner with the permission of the city conveyance not confined, like a street car, to made the street unsafe, the city and the proptracks suggesting danger, held ordinarily a ques. erty owner were jointly and severally liable for tion for the jury.-Id.

resulting injuries.-Id. Evidence held not to show conclusively that Property owner authorized to place building plaintiff failed to look for vehicles before cross- material in the street held liable for negligence ing street or looked so carelessly as not to see of contractors employed by him.-Id. what should have been seen.-Id.

mm 812 (Mo.App.) Under Laws 1913, p. 545, Act of crossing street at a place other than plaintiff truck driver, injured by defendant city's a crossing at a street intersection, though to be defective street, could maintain his action; his considered, held not negligence as a matter of petition being filed within 6 days of the 'accilaw.-Id.

dent, and the city's answer within 30 days.Plaintiff in walking 15 or 20 steps, or about Morrill v. Kansas City, 179 S. W. 759. 3312 feet, after looking for automobiles before m818 (Mo.App.) Where there was nothing to starting across street, held not negligent as a show that the condition of a sidewalk had not matter of law in failing to continually look be- changed, evidence of its condition at the time hind her.-Id.

of a second trial was inadmissible.—Morgan v.

City of Kirksville, 179 S. W. 755.
XII. TORTS.

Omw 821 (Ky.) Where but one inference can be
(B) Acts
Omissions of Officers

drawn from evidence as to liability of city on Agents.

constructive knowledge of street defect, quesOm747 (Ark.) Improvement district held not 179 S. W. 1026.

tion is for court.-Eagan v. City of Covington,
liable for damages occasioned by a change of
street grade, caused by negligence of its agents for injuries to plaintiff truck driver through

failing
Eickhoff v. City of Argenta, 179 S. W. 367.

the unsafe condition of a street, it was within

the jury's province to determine whether the (C) Defects or Obstructions in Streets

city had been negligent in the premises.-Morand Other Public Ways.

rill v. Kansas City, 179 S. W. 759. Om762. (Ky.) City granting property owner On 822 (Mo.App.) An instruction in an action permission to place obstruction or attractive by one injured in a fall on a walk held erronuisance in the street held liable as if it had I neous, as making a mere attempt to use a de

or

or

fective walk negligence without regard to the , and the probability of loss of rights.-Caughron manner of the use.-Morgan v. City of Kirks- v. Stinespring, 179 S. W. 152. ville, 179 S. W. 755. XIII. FISCAL MANAGEMENT, PUB

NEGLIGENCE. LIC DEBT, SECURITIES, AND See Bailment, 12; Carriers, cm 133, 136, TAXATION.

213-230, 280-382; Evidence, 5; Explo(A) Power to Incur Indebtedness and Ex

sives, 8; Food, C25; Gas; Homicide, penditures.

68: Master and Servant, em 89-333;

Municipal Corporations, C 705–822; RailOm> 871 (Tenn.) Priv. Acts 1913 (1st Ex. Sess.)

roads, 281-484; Street Railroads. c. 18, providing for improving the streets of Bristol and issuance of bonds held not in violation of Const. art. 2, § 29, as pledging the cred- 1. ACTS OR OMISSIONS CONSTITUT

ING NEGLIGENCE. it of the city for abutting owners who were specially assessed for part of the improvement. (B) Dangerous Substances, Machinery, -Imboden v. City of Bristol, 179 S. W. 147.

and Other Instrumentalities. (C) Bonds and Other Securities, and Sink- uw 23 (Ky.) City placing attractive nuisance ing Funds.

dangerous to children of immature years in the

streets held liable for injuries sustained by them. 918 Tenn.) Where the credit of a city or ---Gnau v. Ackerman, 179 S. W. 217. county is to be used for a proper city or corporation purpose, bonds may be issued, if due (C) Condition and Use of Land, Buildings, authority is given by the Legislature, without

and Other Structures. a submission of the matter_to a vote of the O29 (Mo.App.) Railroad company's failure to people.--Imboden v. City of Bristol, 179 S. W. keep gate of stock pen reasonably safe held not 147.

actionable unless it owed to injured person the XV. ACTIONS.

duty of keeping its stock pen and premises rea

sonably safe.- Woods v. Missouri Pác. Ry. Co., Om 1027 (Ky.) Where a city brought suit to 179 S. W. 727. protect its rights as against a public service w 32 (Mo. App.) Person selling live stock to corporation operating under a void franchise, Shipper and entering railroad stockyards for plaintiff

held properly rejected. --City of Prince- purpose of delivering them held an invitee to ton v. Princeton Electric Light & Power Co., whom the company owed the duty of ordinary 179 S. W. 1074.

care.-Woods v. Missouri Pac. Ry. Co., 179 S.

W. 727.
MUNICIPAL COURTS.

Omw32 Tenn.) A policeman, injured while ex

amining private premises without the owner's See Courts, 189; Criminal Law, Om 84. consent, is a mere licensee, as to whom the own

er need not keep the premises safe, but must MURDER.

only refrain from willful injury.—Burroughs

Adding Mach. Co. v. Fryar, 179 Š. W. 127. See Homicide.

III. CONTRIBUTORY NEGLIGENCE. MUTUAL AID SOCIETIES.

(A) Persons Injured in General. See Beneficial Associations.

Omw 68 (Tex.) It is a maxim that no one is

bound to anticipate another's negligence.-St. MUTUAL BENEFIT INSURANCE.

Louis Southwestern Ry. Co. of Texas v. Arey,

179 S. W. 860. . See Insurance, @mw 687–825.

Cum83 (Tex.Civ.App.) The doctrine of discover

ed periì has no application, in the absence of MUTUALITY.

actual knowledge by the person inflicting the See Contracts, m10.

injury of the peril of the person injured in time

to avoid the injury by use of the means at hand. MUTUAL WILLS.

-St. Louis Southwestern Ry. Co. of Texas v.

Aston, 179 S. W. 1128. See Death, m 5.

(C) Imputed Negligence. NAMES.

Om 93 (Mo.App.) The negligence of a driver of See Beneficial Associations; Building and Loan a wagon cannot be imputed to a person who is Associations, Cm 4.

injured while riding therein, at the driver's in

vitation.-Ingino v. Metropolitan St. Ry. Co. Om 14 (Mo.App.) Identity of name, in the ab- 179 S. W. 771. sence of proof to the contrary, is identity of em96 (Mo.App.) Father of two year old child, person.-Eaker v. Harvey, 179 S. W. 985.

who permitted her, upon becoming engrossed in

his newspaper, to run into the street, where NATIONAL BANKS.

she was struck by an electric car, held not See Banks and Banking, On 262.

negligent.-Albert v. St. Louis Electric Ter

minal Ry. Co., 179 S. W. 955. NECESSARIES,

(D) Comparative Negligence. See Husband and Wife, 19.

Om 101 (Ky.) The contributory negligence of

the injured servant will, under the federal EmNE EXEAT.

ployers' Liability Act, only reduce the recovery.

-Cincinnati, N. 0. & T. P. Ry. Co. v. Nolan, See Constitutional Law, Em 83.

179 S. W. 1046. cm3 (Tenn.) The writ of ne exeat will not is-m101 (Tex. Civ.App.) Contributory negligence sue for demands uncertain or contingent, and on part of an employé merely diminishes the either the demand or its enforcement must be amount of his recovery.-Pecos & N. T. Ry. Co. of an equitable nature.-Caughron V. Stine- v. Winkler, 179 S. W. 691. spring, 179 S. W. 152.

To diminish recovery by servant on account Omw 6 (Tenn.) A bill, praying the issuance of a of contributory negligence, the employer need writ of ne exeat, must, by positive allegations not show that the servant knew of the danger, or by facts showing the intention, set forth de- but it is sufficient to show that he did not exer1273

INDEX-DIGEST

Nuisance

IV. ACTIONS.

by lower court.-Beall v. Louisville Home Tele

phone Co., 179 S. W. 251. (B) Evidence. Omw 121 (Ky.) Negligence will not be presumed, (G) Surprise, Accident, Inadvertence, or but must be alleged and proven.-Lucas Land &

Mistake. Lumber Co. v. Cook's Adm'r, 179 S. W. 582.

97 (Ky.) A new trial for surprise will not On 122 (Ky.) The burden is on the defendant be granted, where no objection was made to to show contributory negligence.-Southern Min the evidence alleged to constitute surprise and ing Co. v. Lewis' Adm'r, 179 S. W. 1067. no motion was made for postponement or conOmo!34 (Ky.) It is not necessary to establish tinuance of the case.-Hudson Engineering Co. negligence by eyewitnesses ; circumstantial evi- v. Shaw, 179 S. W. 1083. dence is sufficient.-Southern Mining Co. v. Lewis' Adm'r, 179 S. W. 1067.

(H) Newly Discovered Evidence. Om 134 (Tex. Civ. App.) Negligence cannot be em 100 (Ky.) Where the defeated party negestablished by mere conjecture without evidence lected to call a witness solely because he said of actual negligence or of facts from which it he would not testify because of his privilege can be inferred.–St. Louis Southwestern Ry. against incriminating himself, his evidence is Co. of Texas v. Aston, 179 S. W. 1128.

not newly discovered so as to warrant a new

trial.- Liverpool & London & Globe Ins. Co. v. (C) Trial, Judgment, and Review. Wright, 179 S. W. 49.

136 (Mo.App.) In determining whether Om 102 (Ky.) Where defendant could easily plaintiff's negligence appears as a matter of have discovered certain evidence at the trial of law, plaintiff held entitled to all evidence favor- a case, which was pending for 312 years, but able to her and all reasonable inferences from he failed to produce it, he cannot have a new the facts in evidence.--Ginter v. O'Donoghue, trial on the ground of newly discovered evi179 S. W. 732.

dence.-Hudson Engineering Co. v. Shaw, 179

S. W. 1083. Om 136 (Tex.) Whether negligence of plaintiff contributed to injury held for the jury, unless !02 (Tex.Civ.App.) Defendant is not ensuch conclusion is irresistible.-Wells Fargo & titled to a new trial on the ground of newly disCo. v. Benjamin, 179 S. W. 513.

covered evidence, a deed of trust, of which the Where evidence conflicts as to plaintiff's an- circumstances put him on inquiry.-Ablon v. ticipation of danger, question of contributory Wheeler & Motter Mercantile Co., 179 S. W. negligence is for the jury.-Id.

527. Om141 (Tex.) In an action for personal in

NOMINATION. juries defendant is entitled to charge grouping See Elections, cm146, 156. facts relied upon to establish contributory negligence.-Wells Fargo & Co. v. Benjamin, 179

NON OBSTANTE VEREDICTO. S. W. 513.

See Judgment, Om 199. NEGOTIABLE INSTRUMENTS.

NOTES.
See Bills and Notes.

See Bills and Notes.
NEW TRIAL. .

NOTICE.
See Affidavits, mw5; Appeal and Error, Om See Appeal and Error, m424; Bills and

282-301, 501, 933, 977, 1177; Criminal Law, Notes, Omw 414, 421; Carriers, Om 159, 218; Om 922-957, 1064, 1124, 1156.

Elections, Own 280; Estoppel, Ow54; Evi

dence, On 185; Execution, Om 184; GuaranII. GROUNDS.

ty, 67; Insurance, 533–558; Master

and Servant, On 125, 217, 220, 252; Mort(B) Misconduct of Parties, Counsel, Witnesses.

gages, On 356; Municipal Corporations, One

788, 812; Principal and Agent, em 166; On 29 (Ky.) New trial will be granted when

Statutes, 812; Vendor and Purchaser, Om counsel misstated facts with the intention of 228, 232. influencing the jury improperly.- Liverpool &

NOVATION.
London & Globe Ins. Co. v. Wright, 179 S.
W. 49.

See Bills and Notes, Om430. (D) Disqualification or Misconduct of or

Om4 (Mo.App.) Where it is agreed that a subAffecting Jury.

stituted note shall be an absolute payment of em 49 (Ky.) New trial will be granted when extinguishment of the original indebtedness by

or will the jury is "treated” by, and converses severally with the attorney of one party: Liver Co. v. Shore, 179 S. W. 769.

way of novation.-Western Auction & Storage pool & London & Globe Ins. Co. v. Wright, 179 S. W. 49.

NUISANCE. (F) Verdict or Findings Contrary to Law See Negligence, em 23.

or Evidence. Om75 (Ky.) Civ. Code Prac. § 341, prohibiting

II. PUBLIC NUISANCES. new trials of personal injury actions for in- (A) Nature of Injury, and Liability Thereadequacy of damages, held not to prevent new

for. trial for errors causing inadequacy or for other errors, though the damages are inadequate. - Pmw 65 Tex.Civ. App.) Under Rev. St. 1911, art. Gnau v. Ackerman, 179 S. W. 217.

4689, plaintiff is not entitled to maintain his ac

tion to enjoin disorderly houses in the city of C75 (Mo.App.) In action for damages for Houston, where bawdy houses are restricted by breach of contract concerning assets and man- ordinance to a certain locality.-Coman v. agement of a corporation, where the evidence Baker, 179 S. W. 937. tended to show damages in a substantial amount, the trial court was within its discretion in set- (B) Rights and Remedies of Private Perting aside a verdict for plaintiff for $1.Powell v. Batchelor, 179 S. W. 751.

On72 (Tex.Civ.App.) Under Rev. St. 1911, art. Cm76 (Ky.) Setting aside a verdict for $12,000 4643, à property owner seeking an injunction held, under the evidence, not abuse of discretion against disorderly houses must show special

or

sons.

damage to entitle him to relief.-Coman v. III. RIGHTS, POWERS, DUTIES, AND Baker, 179 S. W. 937.

LIABILITIES.

On 100 (Ky.) While under Const. $$ 161, 235, NUNC PRO TUNC.

compensation of an officer not previously fixed

may be fixed after his election, it may not thereSee Courts, m 116.

after be changed.-Hurt v. Morgan County, 179 S. W. 257.

Om 100 (Ky.) Salary of county clerk as clerk OBJECTIONS.

of fiscal court, fixed before election of clerk,

cannot be reduced after his election, under See Appeal and Error, Omw185–242; Trial, Eu Const. $ 161, 235.-Fiscal Court of Mercer 273, 366.

County v. Gibbs, 179 S. W. 409.
OBSCENITY.

Om 101 (Tenn.) In a suit against a county for

salary due the clerk of the board of road comSee Carriers, 284.

missioners, plaintiff might show that the person who had been nominally elected as his successor,

and who had given bond and taken the oath of OFFICERS.

office, was a defaulter, and hence only a de facto See Banks and Banking, 262; Constitution officer.-Hogan v. Hamilton County, 179 S. W.

128. al Law, Omw102; Corporations, Omw 425–432; Highways, Ow95; Injunction, cm 80; Judg

OPEN AND CLOSE. es; Justices of the Peace; Municipal Cor- See Trial, 25. porations, Om747; Prisons ; Receivers ; Schools and School Districts, Om 53; Sheriffs and Constables.

OPINION EVIDENCE.

See Criminal Law, Om 448–478; Evidence, em I. APPOINTMENT, QUALIFICATION, 471-568. AND TENURE.

ORAL CONTRACTS. (C) Eligibility and Qualification. On 19 (Tenn.) Under the express provisions of See Municipal Corporations, Om 243. Const. art. 2, § 25, and Shannon's Code, s 1069, the election of a defaulter in the payment

ORDINANCES. of state revenue to the office of clerk of the See Municipal Corporations, w121, 302. county board of road commissioners was absolutely void.-Hogan v. Hamilton County, 179 S. W. 128.

PARENT AND CHILD. On 35 (Ky.) Under Const. § 236, and Ky. St. See Adoption; Bastards; Death, Om31, 99; SS 779a, 3755, held, that lapse of one year after Guardian and Ward; Infants; Negligence, the appointment of a special railway policeman w96; Slaves. before qualifying, raised the presumption that he did not execute the bond and take the oath 3 (Mo.App.) A father who leaves his home within the prescribed 30 days after notice of wrongfully is liable to his wife for necessaries appointment, so that the office was vacant.-Cin- furnished by her to the minor children during cinnati, N. 6. & T. P. Ry. Co. v. Cundiff, 179 his absence, even though he be divorced from S. W. 615.

her in a foreign state, and the decree does not

award the custody of the children to either.(D) De Facto Officers.

Assman v. Assman, 179 S. W. 957.

Where a wife, after leaving her husband, who en 43 (Ky.) A special railway police officer whose office had become vacant for failure to returned, and, without the husband's knowledge

was without fault, and going to a foreign state, take the oath and execute his bond within the or consent, induced her minor son to accompany time prescribed by the Constitution was not a her to such foreign state, her husband was not

de facto officer." – Cincinnati, N. O. & T. P. liable for such son's support by her thereafter. Ry. Co. v. Cundiff, 179 S. W. 615.

-Id. Omw 43 (Tenn.) The fact that one whose elec

That a father, after the mother had secretly tion as clerk of a county board of road commis- carried off their son to another state, sent on sioners was absolutely void was permitted by the boy's clothes with a letter of good advice to the county court to take the oath and to give him, did not show a consent to the removal. bond added nothing to his rights, and he mere- --Id. ly became a de facto officer and could assert no em 17 (Tex.Cr.App.) Under Acts 33d Leg; C. rights.-Hogan v. Hamilton County, 179 S. W. 128.

101, § 1, it was immaterial that the child

charged to have been deserted was born after (F) Term of Office, Vacancies, and Hold- defendant had deserted his wife.-Spicer v. ing Over.

State, 179 S. W. 712. Omw49 (Ky.) Under Const. § 93, and Ky. St. §

PAROL EVIDENCE. 779a, it was intended to create the office of special railway policeman for the constitutional See Criminal Law, em447; Evidence, On 397– four-year term, and failure to fix the term as 462. one not longer than four years did not render the statute invalid.--Cincinnati, N. 0. & T. P.

PARTIALITY. Ry. Co. v. Cundiff, 179 S. W. 615.

See Interpleader, Om 23. Omw 54 (Tenn.) The clerk of a county board of road commissioners entitled to hold over under

PARTIES. the Constitution, after the void election of his intended successor, was the de jure officer entitled For parties to particular proceedings or instruto serve and to receive the salary of the office.- ments, see the various specific topics. Hogan v. Hamilton County, 179 S. W. 128. Om55 (Ky.) Under Const. $ 93, and Ky. St. $ III. NEW PARTIES AND CHANGE OF 779a, succession in office of special railway po

PARTIES. lice officer was not contemplated, and, when the mw40 (Tex.Civ.App.) Interveners, under their term of officer expired the office ceased, and an allegation that they were jointly interested with other appointee was not a successor.–Cincin- plaintiff in lands and waters in controversy, nati, N. 0. & T. P. Ry. Co. v. Cundiff, 179 S. held proper parties.-Moore v. Toyah Valley

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