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PARTNERSHIP.

ing all costs against defendant partner who fraudulently or negligently had kept books so See Evidence, 442, 589: Joint Adventures; that appointment of an auditor was necessary Judgment, 256; Pleading, 290; Trial, to determine amount of personal funds defend251, 255, 350. ant had mingled with firm funds.-Navarro v. Lamana, 179 S. W. 922.

IV. RIGHTS AND LIABILITIES AS TO THIRD PERSONS.

(D) Actions by or Against Firms or Partners.

PART PERFORMANCE.

See Frauds, Statute of, 129.

PASSENGERS.

199 (Mo.App.) Plaintiff, suing railroad for damage to live stock, part of which had been owned by a partnership of which he was a See Carriers, 247–382. member, who showed no transfer by his partner to him of former's interest in the cattle or claim for damages, could not maintain his action for damage to the partnership stock.

PASSWAYS.

Hardesty v. Atchison, T. & S. F. Ry. Co., 179 See Private Roads, 2.

S. W. 725.

No formal assignment by a partner of his interest in firm property is necessary to enable

PATENTS.

TRACTS.

another partner to sue alone for injury there- X. TITLE, CONVEYANCES, AND CONto. Any action showing an intent to transfer the interest to the suing partner is sufficient. -Id.

(C) Licenses and Contracts.

200 (Tex.Civ.App.) Subject to the power of 211 (Ky.) Where a contract transferred the Legislature to otherwise provide, all members of a partnership must be made parties to authorize a judgment against the partnership and its property.-American Express Co. v. North Ft. Worth Undertaking Co., 179 S. W. 908.

VII. DISSOLUTION, SETTLEMENT, AND ACCOUNTING.

(B) Rights, Powers, and Liabilities after Dissolution.

296 (Tex. Civ. App.) In action by former member of partnership for share in commissions on a deal completed after the dissolution, evidence held to support findings in his favor.Daniel v. Lane, 179 S. W. 906.

The court, in submitting issue as to whether a deal, on which commissions were claimed was pending when partnership was dissolved, held not to have erred in its definition of "pending."-Id.

That plaintiff participated in fee earned by firm prior to March 1st held not conclusive that jury's finding that he became a member of the firm on March 1st was not sustained by the

evidence.-Id.

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patents to defendants for their use, the use contemplated was the right to use, and not actual physical employment, so that retention of the patents constituted "use" within the contract.Hudson Engineering Co. v. Shaw, 179 S. W. 1083.

PAYMENT.

See Appeal and Error, 1180; Bills and Notes, 430, 499, 511; Compromise and Settlement; Electricity, 11; Insurance,

740; Limitation of Actions, 37; Master and Servant, 79; Vendor and Purchaser, 175, 334-341.

I. REQUISITES AND SUFFICIENCY.

7 (Tex. Civ.App.) A creditor, extending a past-due indebtedness, by accepting the 60 and 90 day notes of the debtor conclusively bound himself not to collect the debt until the maturity of the notes.-Bonner Oil Co. v. Gaines, 179 S. W. 686.

9 (Tex. Civ.App.) A creditor is not required his account and to assume the incumbrance, to accept incumbered property in settlement of but need accept nothing but a legal tender.Scruggs v. E. L. Woodley Lumber Co., 179 S. W. 897.

PENAL STATUTES.

336 (Tex.Civ.App.) On accounting between partners, where the books had been incorrectly kept, so that it was impossible to determine See Statutes, 241. in what proportion partnership and personal funds had been commingled by defendant, it became incumbent upon him to show the amount

PENALTIES.

of credit to which he was entitled.-Navarro v. See Carriers, 20. Lamana, 179 S. W. 922.

PERPETUITIES.

336 (Tex.Civ.App.) Testimony of attorney who had acted for both parties and was familiar with their dealings with each other that he did 6 (Ky.) Reasonable restraint on alienation not know or hear of plaintiff's ownership of the land in controversy held admissible in a partnership accounting.-Hall v. Ray, 179 S. W. 1135.

held valid, though deed or will passes fee-simple title.-Chappell v. Frick Co., 179 S. W. 203.

Condition of deed that grantee should not sell or convey to any one except grantor's heirs held void as an unreasonable restraint of alienation.

Where, in action for partnership accounting, defendant denied existence of the general part--Id. nership, and claimed that he and plaintiff had been interested in several land trade contracts, held, that defendant's testimony relative to such trades and division of profits was admissible.-Id.

In an action for an accounting in respect to a general partnership, wherein defendant denied the existence of such partnership, the burden of proof was on plaintiff.-Id.

PERSONAL INJURIES.

32, 25;

See Carriers, 280-382; Damages, 130-132; Explosives, 8; Food, Gas; Husband and Wife, 209; Master and Servant, 89-333; Negligence.

PETITION.

346 (Tex. Civ.App.) Under Rev. St. 1911, arts. 2035, 2048, in action for accounting, the See Pleading; Removal of Causes, 86; court properly exercised its discretion in tax- Schools and School Districts, 44.

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2 (Tex.Cr.App.) The medical practice act is not unconstitutional.-Hyroop v. State, 179 S. W. 878.

6 (Tex. Cr. App.) Evidence of methods of treatment of disease by one claiming to be a masseur held admissible in a prosecution of such person for unlawfully practicing medicine. -Hyroop v. State, 179 S. W. 878.

to deny such allegation.-Levy v. Dunken Realty Co., 179 S. W. 679.

IV. REPLICATION OR REPLY AND
SUBSEQUENT PLEADINGS.

180 (Ky.) Under Civ. Code Prac. § 98, subsecs. 1, 2, 3, and 4, a reply should not set up a cause of action against an intervening defendant which was not contained in the original petition.-Hodge Tobacco Co. v. Sexton, 179 S. W. 36.

183 (Tex. Civ.App.) Where a supplemental petition consisted solely of exceptions and denials, and alleged no new matter, there was no place in the pleadings for a supplemental answer.-City of Brownsville v. Tumlinson, 179 S.

W. 1107.

V. DEMURRER OR EXCEPTION.

Under Rev. St. 1911, art. 5745, one professing to be a masseur is yet a "physician," where he professes to cure diseases or disorders.-Id. Under Rev. St. 1911, art. 5745, it is not nec-193 (Ky.) Where a petition states a cause essary to complete the offense that the defend- of action, a general demurrer will not lie beant shall have held himself out as practicing cause of indefiniteness in the statement of facts; medicine.-Id. the remedy being by motion to make the petition more specific under Civ. Code Prac. § 134. -Daniel v. Daniel, 179 S. W. 5.

PISTOLS.

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196 (Ky.) Where a cause of action is attempted to be set up by reply instead of amended petition, the defect can be reached by motion. to strike and not demurrer.-Hodge Tobacco Co. v. Sexton, 179 S. W. 36.

199 (Tex.Civ.App.) If a general demurrer is well taken, it should be sustained at any stare of the proceedings.-City of Brownsville v. Tumlinson, 179 S. W. 1107.

205 (Tex. Civ.App.) Exception, though directed specially to a particular paragraph of the answer, held a general demurrer, as it set up no specific reason why the answer failed to set up a defense.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

As against general demurrer, answer pleading alteration of note held good, though not alleging that alteration was without defendant's consent and by a party to the note.-Id.

8 (Ky.) An allegation of a petition in ejectment that a prior sale of the land was by order in an action "seeking a sale and division of the proceeds" held a mere conclusion, and insufficient to rebut the presumption in favor of the judgment that the action was under Gen. St. c. 63, art. 6.-Johnson v. Whitcomb, 179207 (Ky.) An affirmative defense may not S. W. 821. be asserted by special demurrer.-Pete Sheeran, Bro. & Co. v. Tucker, 179 S. W. 426.

9 (Tenn.) Under Rev. St. Me. 1903, c. 47, § 50, a bill charging the issuance of stock to defendant to be without consideration sufficiently charges fraud, although the word "fraud" is not used.-Sullivan v. Farnsworth, 179 S. W. 317.

34 (Mo.App.) Every intendment will be in34 (Mo.App.) Every intendment will be indulged in favor of the sufficiency of the petition where defendant fails to object. State ex rel. Williams v. Stipp, 179 S. W. 723.

In action on attachment bond, petition, when not objected to by demurrer or otherwise, held to sufficiently allege that plaintiff's property

was attached.-Id.

34 (Tex.Civ.App.) In passing on a pleading as against demurrer, the court must consider everything as properly alleged which by any reasonable construction may be embraced within the allegations made.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

214 (Tenn.) On demurrer the allegations of a bill must be taken as true.-Alexander v. Elkins, 179 S. W. 310.

216 (Ark.) Under Kirby's Dig. § 6128, bond of local agent of insurance company securing performance of his duties, filed as an exhibit to the company's complaint in suit thereon, could be considered on demurrer to the complaint.-Security Ins. Co. v. Jaggers, 179 S. W.

1008.

which asserted that defendant was not bound
228 (Tex.Civ.App.) A special exception
by the contract sued on, because it was an oral
one, and that plaintiff therefore stated no cause
Tumlinson, 179 S. W. 1107.
of action, was general.-City of Brownsville v.

VI. AMENDED AND SUPPLEMENTAL
PLEADINGS AND REPLEADER.

II. DECLARATION, COMPLAINT, PE-236 (Ky.) Permission to file an amended TITION, OR STATEMENT.

pleading is a matter in the sound discretion of the court, which it may exercise in furtherance of justice, upon proper terms.-Hodge Tobacco Co. v. Whaley, 179 S. W. 840.

66 (Ky.) A complaint, in an action for breach of contract for failure to account to plaintiff for sales of timber which alleged that the purchasers' names were unknown to plain-236 (Mo.App.) In suit on a life policy, tiff, held not indefinite.-Daniel v. Daniel, 179 S. W. 5.

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court's refusal to grant insurer leave to amend the answer to set up one of its by-laws to rethe instructions been passed upon was not an duce recovery after both sides had rested and abuse of discretion.-Jennings v. National American, 179 S. W. 789.

(C) Traverses or Denials and Admissions.245 (Tex.Civ.App.) In proceedings for the 129 (Tex.Civ.App.) In broker's action for appointment of a receiver, it was not error to commissions, allegations of petition that the permit the plaintiffs to file a trial amendment other party to the contract of exchange did not after the evidence was closed and argument break it held admitted, where the answer failed had begun, and to consider such amendment as

a basis for the appointment.-Hart-Parr Co. v. Alvin-Japanese Nursery Co., 179 S. W. 697. 245 (Tex. Civ.App.) Where in foreclosure a misdescription of the note sued on as to date and amount is corrected by trial amendment, an assignment or error will not lie thereto, where defendants were not misled or surprised, the record showing that they were only expected to defend against one note and mortgage. Memphis Cotton Oil Co. v. Gist, 179 S. W. 1090. 258 (Tex.Civ.App.) Defendant was not entitled to amend his answer during the trial to set up a deed of trust, with a defense based thereon, where the circumstances put him on inquiry.-Ablon v. Wheeler & Motter Mercantile Co., 179 S. W. 527.

261 (Ark.) Amendment of pleading introducing new defense after the case is called for trial held within the discretion of court.-Kansas City Southern Ry. Co. v. Bull, 179 S. W. 172.

Failure to plead a defense in the original answer is no waiver of the right to subsequently insist upon it by amending the answer. Id. VII. SIGNATURE AND VERIFICATION.

290 (Tex.Civ.App.) Where defendants did not deny under oath, as required by statute, plaintiff's allegation that they were partners, evidence to disprove such allegation held properly excluded.-Levy v. Dunken Realty Co., 179 S. W. 679.

XI. MOTIONS.

355 (Ky.) Where a cause of action is attempted to be set up by reply instead of amended petition, the defect can be reached by motion to strike and not demurrer.-Hodge Tobacco Co. v. Sexton, 179 S. W. 36.

406 (Tex. Civ.App.) Where, though allegation charging defendants with fault in connection with contract negotiated by brokers was general, it was not excepted to for that reason, held that it had standing as a plea fixing responsibility on defendants.-Levy v. Dunken Realty Co., 179 S. W. 679.

408 (Mo.App.) Though insufficiency of petition to state cause of action may be raised at any time, every intendment will be indulged in favor of its sufficiency where defendant fails to object.-State ex rel. Williams v. Stipp, 179 S. W. 723.

433 (Ky.) An averment that the policy sued on was alive and in force since its execution and delivery must be held sufficient after verdict for plaintiff, though not specifically averring payment of premiums.-Pacific Mut. Life Ins. Co. v. Taylor, 179 S. W. 199.

433 (Mo.App.) Petition, in action for malicious prosecution of a civil suit, held not open to attack after verdict as failing to aver that plaintiff was the owner of certain realty when defendant instituted the alleged malicious suit questioning his title.-Rivers v. Norman, 179 S. W. 990.

Where a petition utterly fails to state facts either directly or inferentially sufficient to constitute a cause of action, it is open to attack after answer or verdict.-Id.

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POLICE POWER.

367 (Ky.) Where a petition states a cause of action, a general demurrer will not lie because of indefiniteness in the statement of facts; the remedy being by motion to make the peti- See Municipal Corporations, 591. tion more specific under Civ. Code Prac. § 134. -Daniel v. Daniel, 179 S. W. 5.

369 (Ky.) In an action for damages by fire from sparks from a locomotive, plaintiff held properly not required to elect as to whether to prosecute the company owning the roadbed or the company operating the trains.-Louisville & N. R. Co. v. Feeney, 179 S. W. 826.

See Insurance.

POLICY.

POLITICAL RIGHTS.

POOLING.

See Elections.

369 (Tex. Civ.App.) In an action by the widow of a railroad employé for his death, pleadings intended to meet proof of his engagement either in intrastate or interstate commerce at See Constitutional Law, 240, 296.

death held not improper as an attempt to recover under federal and state statutes at once, so as to require an election.-International & G. N. Ry. Co. v. Reek, 179 S. W. 699.

XII. ISSUES, PROOF, AND VARIANCE.

See Infants, 13.

POOLROOMS.

POPULARITY CONTEST.

376 (Mo.App.) In an action for injuries to the occupant of a wagon struck by a street car See Contracts, 108.

POSSESSION.

at a street crossing, evidence as to the ownership of the car was not necessary, where both sides assumed that defendant's servants were in charge thereof.-Ingino v. Metropolitan St. See Embezzlement, 9; Fraudulent ConveyRy. Co., 179 S. W. 771.

XIII. DEFECTS AND OBJECTIONS, WAIVER, AND AIDER BY VERDICT OR JUDGMENT.

403 (Ky.) Whether or not the petition in a servant's action for injury was defective in not negativing his contributory negligence, it was cured by answers affirmatively alleging that plaintiff was guilty of contributory negligence.Mason & Hurst Co. v. Feltner, 179 S. W. 222.

ances, 132, 133.

See Wills, 692.

POWERS.

PRACTICE.

For practice in particular actions and proceedings, see the various specific topics.

PREFERRED STOCK.

403 (Tenn.) Failure of plaintiff to plead See Corporations, 156. and prove the statutes of another state is cured by defendant's pleading them and agreeing that they shall govern.-Sullivan v. Farnsworth, 179 S. W. 317.

PREMATURE APPEAL.

See Criminal Law, 1069.

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PRESUMPTIONS.

prior to such sale.-Holmes v. Tyner, 179 S. W. 887. Taxa-42 (Mo.App.) Subsequent insanity of codefendant, who had authorized defendant to enter into a contract concerning the assets and management of a corporation, held not to terminate defendant's authority, or to release him from liability for defendant's acts as his agent. -Powell v. Batchelor, 179 S. W. 751.

III. RIGHTS AND LIABILITIES AS TO
THIRD PERSONS.

(A) Powers of Agent.

See Appeal and Error, 907-936; Evidence, 100 (Ky.) Contract between owners of land mm 67.

PRIMARY ELECTIONS.

See Elections, 146, 280.

PRINCIPAL AND ACCESSORY. See Criminal Law, 59, 792; Homicide, 281, 305.

PRINCIPAL AND AGENT.

and H., giving him supervision over a large tract of land, held not to authorize him to lease it, except to squatters then on the land.-Geary v. Taylor, 179 S. W. 426.

100 (Tex. Civ.App.) Scope of general manager's authority held coextensive with the business intrusted to him to do what is usual and customary in such business.-Holmes v. Tyner, 179 S. W. 887.

Agent having apparent general authority in a given business has implied authority to do usual, ordinary, and reasonably necessary acts. -Id.

See Attorney and Client; Brokers; Corpora-103 (Tex.Civ.App.) Implied intention of autions, 425-432; Evidence, 248, 253; tomobile dealer to authorize demonstrator to Husband and Wife, 234; Insurance, sell cars held as a business necessity to create 74-93; Municipal Corporations, 747. an implied authority to sell.-Holmes v. Tyner, 179 S. W. 887.

I. THE RELATION.

Sale of car made by salesman employed by wife with implied authority so to employ held binding on automobile dealer. Id.

In general, the power of an agent to sell does not include the power to barter.-Id.

(A) Creation and Existence. 3 (Mo.App.) Contract between manfacturing company and resident of South Carolina, placing a "sales agency" in the latter's charge, held to create the relation of principal and 123 (Tex.Civ.App.) In an action by an auagent, and not to effectuate a sale of goods.-tomobile dealer to recover the value of a car Watkins v. Donnell, 179 S. W. 980. bartered by a demonstrator, evidence held insufficient to show authority to barter.-Holmes V. Tyner, 179 S. W. 887.

14 (Tex. Civ.App.) Relation of principal and agent may arise by implication from words and acts of parties and the circumstances of the 137 (Tex.Civ.App.) Liability of principal particular transactions.-Holmes v. Tyner, 179 for act of servant based upon estoppel arises S. W. 887. when a third person relies in good faith on words or conduct of the principal indicating authority in the agent to do such act.-Holmes v. Tyner, 179 S. W. 887.

22 (Tex.Civ.App.) The statements of an agent as to the existence of the relation of principal and agent are inadmissible to bind his principal.-McConnon & Co. v. McCormick, 179 S. W. 275.

(B) Undisclosed Agency

23 (Ky.) Where sureties who were compel-140 (Ark.) That a commission led to pay the debt of an agent sought to hold the agent's undisclosed principal, evidence held insufficient to show the agent's authority to borrow, or in fact his agency at the time of negotiating the loan.-Hodge Tobacco Co. v. Sexton, 179 S. W. 36.

company,

which had the exclusive sale of butter shipped by a creamery company, sold all the butter at cost to its employé, did not make him an undisclosed principal, as to the creamery company, which had no knowledge of the transaction.Beatrice Creamery Co. v. Garner, 179 S. W. 160.

23 (Mo.App.) Evidence held to justify a143 finding that a third person acted as agent for 143 (Ark.) Insurance company, not disclospayee in procuring usurious notes.-Riepe v. ed as principal obligee in the bond of its local agent for performance of his duties, the bond Vette, 179 S. W. 952. being executed to the general agent of the company, could bring suit thereon.-Security Ins. Co. v. Jaggers, 179 S. W. 1008.

23 (Tex.Civ.App.) Evidence, in an action for the value of an automobile sold by one representing himself as agent for plaintiff, held sufficient to support finding of agency.-Holmes v. Tyner, 179 S. W. 887.

25 (Ky.) An undisclosed principal held not liable on ground of estoppel to his agent's sureties who did not know of his existence.-Hodge Tobacco Co. v. Sexton, 179 S. W. 36.

(B) Termination.

34 (Tex. Civ.App.) Powers are irrevocable by the principal when they form part of an act deemed valuable in law, or which forms part of the contract and is a security for money or for the performance of any act deemed valuable.Quanah, A. & P. Ry. Co. v. Dickey, 179 S. W. 69.

40 (Tex.Civ.App.) In an action by an automobile dealer to recover the value of a car procured by defendant through barter with plaintiff's sales agent, evidence held insufficient to show revocation of the agent's authority

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145 (Ky.) Persons giving credit to the agent of an undisclosed principal may recover from the business of his agency.-Hodge Tobacco Co. v. principal moneys furnished the agent for the Sexton, 179 S. W. 36.

145 (Ky.) A principal may be charged upon his agent's contract within his authority, though the principal's name does not appear in the instrument and was not disclosed.-Geary v. Taylor, 179 S. W. 426.

145 (Tex. Civ.App.) One dealing with agent under either express or implied authority held not bound to show knowledge of such authority or a dependence on the faith thereof in order to

bind principal.-Holmes v. Tyner, 179 S. W. est due, did not discharge his surety.-Ward v. 887. Nutt, 179 S. W. 667.

(C) Unauthorized and Wrongful Acts.

152 (Tex. Civ.App.) One who barters for an automobile with a reputed sales agent, in the absence of express or implied authority in agent to barter, held to act at his peril.-Holmes v. Tyner, 179 S. W. 887.

(D) Ratification.

115 (Ky.) A surety on a note was discharged, where the holder without the surety's consent surrendered collateral security, regardless of the value of the collateral.-Elsey v. People's Bank of Bardwell, 179 S. W. 392.

That surety and maker were directors, and brothers of the director and president, of a bank, held not to revive surety's liability on note after his release by the bank's surrender of collateral.

-Id. 166 (Ky.) Owners of land held not to have ratified the unauthorized act of an agent in leasing it; it not appearing that they knew thereof, or received the rent for one month, which was paid.-Geary v. Taylor, 179 S. W.

426.

Bank's surrender of collateral security to maker of note held to discharge surety, though the collateral was its own stock, contrary to Ky. St. § 581.-Id.

IV. REMEDIES OF CREDITORS. 171 (Tex.Civ.App.) Principal held not entitled to retain advantage secured by agent's 156 (Tex.Civ.App.) In action against surefraud and accept benefits without adopting the ty on note, answer relating to agreement as to means employed by him, though unknown to collateral held not a defense to the note.-First the principal.-Lockney State Bank v. Damron, State Bank of Amarillo v. Cooper, 179 S. W. 179 S. W. 552.

PRINCIPAL AND SURETY.

See Attachment, 337-343; Bail; Evidence, 471, 472; Guaranty; Husband and Wife, 87; Mortgages, 283; Principal and Agent, 143; Subrogation, 1; United States, 74.

I. CREATION AND EXISTENCE OF RELATION.

(A) Between Individuals.

23 (Ky.) A surety who signs a note upon condition that other sureties also sign held liable, though the others do not sign, in absence of notice of such condition to obligee.-Peal v. Cairo Nat. Bank, 179 S. W. 10.

27 (Tex.Civ.App.) Two signers of a note as principals had the right to sign and deposit it with the payee on condition that it should not become valid until other principals had signed it.-First State Bank of Amarillo v. Cooper, 179 S. W. 295.

35 (Tex.Civ.App.) A creditor's extension of the payment of a past-due indebtedness from a corporation upon receiving its 60 and 90 day notes would support a contract of suretyship evidenced by the indorsement of its president. -Bonner Oil Co. v. Gaines, 179 S. W. 686.

II. NATURE AND EXTENT OF LIABILITY OF SURETY.

82 (Ark.) A surety on a building contract, which completed the work on the contractor's failure, held entitled to recover from the owner of the building payments made by him to the contractor in violation of the contract.-Fidel ity & Deposit Co. v. Merchants' & Farmers' Bank, 179 S. W. 1019.

86 (Ark.) Completion of building contract by surety, after knowledge that the owner of the building had made payments to the contractors in violation of the contract, held not not a waiver of such breach.-Fidelity & Deposit Co. v. Merchants' & Farmers' Bank, 179 S. W. 1019.

III. DISCHARGE OF SURETY.

295.

In action against surety on note, answer held not too indefinite and uncertain, as failing to particularize the collateral alleged to have been misapplied.-Id.

163 (Tex.Civ.App.) In action against corporation on its notes and against its president as surety thereon, where the surety's pleadings sought no such relief, it was not necessary that a judgment against him be framed to subject the corporation's property to satisfaction before proceeding against him.-Bonner Oil Co. v. Gaines, 179 S. W. 686.

PRIORITIES.

See Corporations, 566; Judgment, 788; Vendor and Purchaser, 260.

PRISONS.

10 (Tenn.) Superintendent of county workhouse, whose office was created under Priv. Acts 1913, c. 264, held acting in an official capacity in employing a guard, and where he was not present when the guard against his orders shot and wounded a prisoner, was not liable in damages.-Lunsford v. Johnson, 179 S. W. 151.

PRIVATE ROADS.

See Easements; Statutes, 123.

2 (Ky.) Under Ky. St. 1909, § 4348, subsecs. 2-4, and section 4351, held, that no appeal lies in proceeding to establish passways until final judgment in the county court.-Exall v. Holland, 179 S. W. 241.

In proceeding to establish private passway, held, that necessity of passway cannot be determined on the application for the appointment of commissioners, but on exceptions to the commissioners' report.-Id.

In proceeding to establish passway, held, that court may have jury's advice on question of necessity, but is not conclusively bound by its verdict.-Id.

PRIVILEGED COMMUNICATIONS. See Libel and Slander, 148; Witnesses, 198-219.

PROBABLE CAUSE.

104 (Ark.) Surety on note containing stipulation that parties consented to extension of See Malicious Prosecution, 21. time of payment held not discharged by such an extension.-Ward v. Nutt, 179 S. W. 667.

106 (Ark.) An agreement, upon valid consideration, by a creditor, without the consent of the surety, not to sue the principal debtor for a stated time, discharges the surety.-Ward v. Nutt, 179 S. W. 667.

108 (Ark.) Agreement extending time for payment of note, made when maker paid inter

PROBATE.

See Wills, 230.

PROCESS.

See Appeal and Error, 424; Attachment; Execution; Garnishment; Justices of the Peace, 80; Mandamus, 34.

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