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I. NATURE, ISSUANCE, REQUISITES, PROVINCE OF COURT AND JURY,

AND VALIDITY. C6 (Tenn.) Under Shannon's Code, s$ 4495. See Criminal Law, Cww737–764; Trial, Em191–

199. 4589, process to bring in defendant after an amendment substituting plaintiff as administra

PROXIMATE CAUSE. tor, instead of plaintiff in his own name, was See Railroads, mm 389, 425. not required, and a notification by the court's order was sufficient.–Studer v. Roberts, 179 S.

PUBLICATION. W. 131.

See Municipal Corporations, On 302, 683; PROFITS.

Wills, 119.
See Damages, Om40, 176.

PUBLIC DEBT.
PROHIBITION.

See Counties, Ow165; Municipal Corporations,

On 871. See Courts, em 207.

PUBLIC DOCUMENTS. I. NATURE AND GROUNDS. Om 3 (Ky.) The writ of prohibition may be is-See Evidence, 366, 383. sued by a circuit court against an inferior court, or by an appellate court against a circuit court,

PUBLIC IMPROVEMENTS. where the writ is the only adequate remedy to See Municipal Corporations, Cu265–567. which the party applying therefor can resort. -Speckert v. Ray, 179 S. W. 592.

PUBLIC LANDS. On 10 (Ky.) The writ of prohibition may be issued by a circuit court against an inferior court, III. DISPOSAL OF LANDS OF THE or by an appellate court against a circuit court,

STATES. where the inferior or circuit court is attempting Om 173 (Tex.) Under Rev. St. 1911, art. 5423, to act out of jurisdiction.-Speckert v. Ray, held. it is insufficient for forfeiture of public 179 S. W. 592.

school lands sold, for default in interest, to inOmw 12 (Tex.Civ.App.) Prohibition to prevent dorse, “Land forfeited," on the purchaser's obone district court from enjoining a judgment ligation, without an entry on his account.of another, affirmed by the Court of Civil Ap- Chambers v. Robison, 179 's. W. 123. peals, will' not, in view of Rev. St. 1911, arts, m 178 (Tex.Civ.App.) Public land awarded to 4643, 4653, be denied, because the court hear- a purchaser in accordance with the statute is the ing the injunction should properly administer subject of sale.—Hollis v. Myers, 179 S. W. 57. the law on the facts.-Cattlemens Trust Co. of

Failure to file conveyance by purchaser of Ft. Worth v. Willis, 179 S. W. 1115.

public land in General Land Office held not to

affect grantee's title, and if original purchaser II. JURISDICTION, PROCEEDINGS, obtains a patent, the legal title inures to the AND RELIEF.

benefit of his grantee.--Id. om 18 (Mo.App.) Act of circuit court, on mo

Grantee of original settler on public land, tion for order against justice of the peace com

who purchased with knowedge of former conveymanding correction of entries of judgment, held ance, held to acquire no greater right by oban assertion of jurisdiction, so that, if it was

taining a patent than the settler would have

obtained.-Id. without jurisdiction, a preliminary rule in prohibition was not prematurely issued.-State ex rel. Gardiner v. Wurdeman, 179 S. W. 964.

PUBLIC NUISANCE.

See Nuisance, 65, 72.
PROMISE OF MARRIAGE.

PUBLIC POLICY.
See Breach of Marriage Promise.

See Contracts, m 108.
PROMISSORY NOTES.

PUBLIC SCHOOLS.
See Bills and Notes.

See Schools and School Districts.
PROPERTY.

PUBLIC SERVICE CORPORATIONS. See Appeal and Error, Omw 493; Fixtures. See Carriers; Electricity; Gas; Railroads;

Street Railroads; Telegraphs and Telephones. PROSTITUTION.

PUBLIC USE. . Om l (Tex.Cr.App.) Under Pen. Code 1911, art. 498, providing that it shall be unlawful to in- See Eminent Domain. vite, solicit, or procure any female to have unlawful sexual intercourse, mere solicitation completes the offense.-Denman v. State, 179 S. W.

QUALIFICATIONS. 120.

See Officers, Om19, 35. Om 4 (Tex.Cr. App.) In a prosecution for soliciting a female to illicit sexual intercourse, an of

QUIETING TITLE. fense denounced by Pen. Code 1911, art. 498, evidence held sufficient to support a conviction. II. PROCEEDINGS AND RELIEF. -Denman v. State, 179 S. W. 120.

Omw 44 (Ark.) In action to quiet title, the deOmw 4 (Tex.Cr.App.) In a prosecution against fendant, claiming under a decree of divorce from defendant for unlawfully giving the name of his plaintiff's grantor and asserting that plaintiff's wife to another for the purpose of enabling the deed had been made in fraud of her marital latter to have sexual intercourse with her, evi- rights, had the burden of proving it, since dence held sufficient to sustain a conviction.- fraud' is never presumed.-West v. West, 179 Fletcher v. State, 179 S. W. 879.

S. W. 1017.

In action to quiet title as against the claim PROTEST.

of defendant under a decree of divorce from plain

tiff's grantor, and asserting that plaintiff's deed

1281

INDEX-DIGEST

Railroads

on

or

near

held insufficient to sustain a decree for the de- , mon law, the absolute liability imposed by secfendant.-Id.

tions 1575 and 1576 did not apply.--Whittaker

v. Louisville & N. R. Co., 179 S. W. 140. QUOTIENT VERDICT.

Om 344 (Tenn.) Count in action for injury at

railroad crossing, brought under Shannon's See Criminal Law, Om 866.

Code, $ 1574, subsec. 4, not alleging that the

train struck the plaintiff, was under the comRAILROAD COMMISSION. mon law, and the absolute liability imposed by

sections 1575 and 1576 did not apply.- WhitSee Carriers, Cum 13.

taker v. Louisville & N. R. Co., 179 S. W. 140.

Om 350 (Tenn.) In an action for personal inRAILROADS.

jury at a crossing brought under Shannon's See Agriculture, cm 8; Appeal and Error, Code, $ 1574, subsec. 4, held on the evidence 1070; Carriers;

Commerce, 27; Consti- that 'it was for the jury to say whether plaintutional Law, Cm241; Estoppel, Om 93; False instead of trusting

her safety to the speed of

tiff was negligent in jumping from the wagon Imprisonment, Omm15; Master and Servant, Om 112, 113, 198; Mines and Minerals, Om

the horses.-Whittaker v. Louisville & N. R. Co., 105; Pleading, 369; Receivers, Ow69;

179 S. W. 140. Statutes, Omw47; Street Railroads; Subscrip-On 351 (Tenn.) In action for personal injury at tions, m10, 12, 18; Trial, 250, 251. railroad crossing, brought under Shannon's

Code, $ 1574, subsec. 4, instruction as to comI. CONTROL AND REGULATION IN mon-law duty of railroad to avoid accident held GENERAL

proper.-Whittaker v. Louisville & N. R. Co., cm (Ark.) Order of the Railroad Commission, 179 S. W. 140. based on petition signed by 17 corporations, held invalid, as not in compliance with Acts 1907,

(G) Injuries to Persons

Tracks. p. 357, § 1, providing that the petition must be signed by 15 citizens.--St. Louis & S. F. R. 367 (Tenn.) Under Shannon's Code, $ 1574, Co. v. State, 179 S. W. 342.

railroad enginemen held not required to withCorporations held not to be citizens, within draw lookout from the track immediately ahead Acts 1907, p. 357, § 1, in the absence of any pro- to look across to the further end of a curve.vision fixing the method of corporate assent. Cincinnati, N. 0. & T. P. Ry. Co. v. Wright, -Id.

179 S. W. 641.

Om 372 (Tenn.) Railroad employés held not reVI. CONSTRUCTION, MAINTENANCE, quired to slacken speed of train when approachAND EQUIPMENT.

ing a curve though the curve be wholly or part97 (Ky.) A railroad company is a neces- ly in a cut or hidden from view by another sary party to a proceeding to change the loca- train.--Cincinnati, N. O. & T. P. Ry. Co. v. tion of a highway so as to abolish a grade cross- Wright, 179 S. W. 641. ing over its right of way and relocate the cross-Ow376 (Ky.) A pedestrian held a trespasser ing at another spot as an overhead crossing.- on railroad track entitled to demand that those Carrick v. Garth, 179 S. W. 609.

in charge of trains use all reasonable means to Om 113 (Ky.) Where a railroad company avoid injuring him after discovering his peril. builds its line on the right of way purehased Cincinnati, N. O. & T. P. Ry. Co. v. Jones' from a landowner, it is liable to the landown- Adm'r, 179 S. W. 851. er for damages to his remaining land only when

Where a railroad engineer discovers a tresguilty of negligence in construction.-Roberts passer on the track in a position of peril, and v. Sandy Valley & Elkhorn Ry. Co., 179 S. W. the distance is too short to stop the train, it is 228.

negligence for him to fail to give the alarm Om 14 (Ky.) In an action for damages to

signal.-Id. plaintiffs' lands by the improper construction 384 (Ky.) It was negligence for deceased to of defendant's roadbed, which caused a creek to go on track ahead of train in attempt to reach cut the lands, evidence held to warrant a find- station ahead of it, where the train was only ing that the damage was only temporary.-Rob- twice as far from station as he was.-Louisville erts v. Sandy Valley & Elkhorn Ry. Co., 179 & N. R. Co. v. Fentress' Adm'r, 179 S. W. 419. S. W. 228.

Cum 389 (Ky.) Negligence of plaintiff's intestate X. OPERATION.

is proximate cause of his death by being struck (D) Injuries to Licensees or Trespassers by train which he knew to be approaching, alin General.

though he thought he was on another track than 281 (Ky.) A railroad responsible for the ap- ville & N. R. Co. v. Fentress' Adm'r, 179 S.

that on which he was running to station.-Louispointment of a special police officer could not res W. 419. gard him as a de facto officer after his office was vacated by failure to take the oath, etc., since m390 (Ky.) Though a trespasser on a railit was bound to know that he was an officer de road track was guilty of contributory neglijure before he was given employment on its gence, recovery for his death may be had where trains.---Cincinnati, N. 0. & T. P. Ry. Co. v. those in charge of a train did not use reasonCundiff, 179 S. W. 615.

able care after discovering his position of peril. In view of Ky. St. § 3755, railroad held re- -Cincinnati, N. O. & T. P. Ry. Co. v. Jones' ' sponsible for acts of special railway police of Adm'r, 179 S. W. 851. ficer whose office had been vacated for failure Om 390 (Tex.Civ.App.) Where defendant's ento take oath, etc.-Id.

gine crew was negligent after discovery of one

on the track, it was immaterial that such person (F) Accidents at Crossings.

was negligent in entering thereon.--Chicago, am 312 (Tenn.) Under Shannon's Code, $ 1574, R. I. & G. Ry. Co. v. Loftis, 179 S. W. 930. subsecs. 1, 2, engineer held not required to sound 390 (Tex.Civ.App.) Where, after a pedeswhistle or bell on approaching railroad crossing trian's left leg had been cut off, the engineer, not designated by a lookout sign.-Whittaker v. acting on the supposition that he had not been Louisville & N. R. Co., 179 S. W. 140.

struck, released the emergency brakes, in con320 (Tenn.) Count in action for injury at sequence of which the train moved forward, and railroad ,

crossing, brought under Shannon's caused loss of the right leg, held, that the railCode, $ 1574, subsec. 4, not alleging that the road company was liable, under the doctrine train struck the plaintiff, being under the com- of discovered peril, for loss of the right leg.-

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

St. Louis Southwestern Ry. Co. of Texas V.

(I) Fires. Aston, 179 S. W. 1128. Facts held sufficient to charge engineer with caused by a spark from railroad locomotive held

m 460 (Tex.) Owner of barn destroyed by fire negligence under the doctrine of discovered debarred from recovery by his own contributory peril, where it showed that he knew of plain- negligence in leaving open a window facing the tiff's perilous position, though it did not show road; the interior being littered with straw.that he knew certainly that he would be in- St. Louis Southwestern Ry. Co. of Texas v. jured unless the train was stopped.-Id.

Arey, 179 S. W. 860. om 398 (Ky.) In an action against a railroad Cw479 (Ky.) In an action for setting fire by for a death near the track, evidence held insuf- sparks from defendant's locomotive, alleged to ficient to support verdict for plaintiff.-Cincinnati, N. 0. & T. P. Ry. Co. v. Frogg's evidence showing a defective spark arrester was

be due to the negligent operation of the train, Adm’r, 179 S. W. 1062.

not inadmissible because it was not pleaded.ww398 (Tex.Civ.App.) Evidence held to au- Louisville & N. R. Co. v. Feeney, 179 S. W. 826. thorize finding that defendant's engine crew. Om 481 (Tex.Civ.App.) In an action for the dediscovered the child on the track, unaware of struction of plaintiff's house by fire from dethe approaching train in time to have avoided fendant's locomotive evidence that said locomothe death.-Chicago, R. I. & G. Ry. Co. v. Loft- tive had set fire on the right of way the day is, 179 S. W. 930.

before held properly excluded.-Moose v. Misww400 (Ky.) Testimony by persons in posi- souri, K. & T. Ry. Co. of Texas, 179 S. W. 75. tion to hear it that a railroad whistle was not uw 484 (Ky.) In an action for the burning of heard, though of a negative character, presents a barn by sparks from defendant's locomotive, an issue of fact as to whether an alarm signal evidence

that such sparks caused the fire held was given.-Cincinnati, N. 0. & T. P. Ry. Co. sufficient to authorize the submission of defendV. Jones' Adm’r, 179 S. W. 851.

ant's negligence to the jury.-Louisville & N. R. Omw 400 (Tex.Civ.App.) In an action against a Co. v. Feeney, 179 S. W. 826. railroad for death of plaintiffs' minor son, em 484 (Tex.Civ.App.) In an action against a while walking on the tracks, whether defendant railway company for the destruction of plainnegligently operated its engine at a high rate of tiff's house by fire from the spark of a locomospeed held for the jury.--Chicago, R. I. & G. tive, evidence held to justify direction of verRy, Co. v. Loftis, 179 S. W. 930.

dict' for defendant.--Moose v. Missouri, K. & T. Ow40 (Tenn.) Instruction as to duty of em- Ry. Co. of Texas, 179 S. W. 75. ployés operating engine if they could have seen a person on the track before another train cut

RAPE. off their view held confusing.-Cincinnati, N. 0. & T. P. Ry. Co. v. Wright, 179 S. W. 641. See Criminal Law, 814, 945.

II. PROSECUTION AND PUNISHMENT. (H) Injuries to Animals on or near Tracks,

(B) Evidence. ww411 (Tex.Civ.App.) The fencing law,, Verw40 (Tenn.) In a prosecution for rape, evinon's Sayles’ Ann. Civ. St. 1914, art. 6603, has dence of previous acts of intercourse between grounds of a railroad company, where a fence the prosecutrix and other men held admissible would endanger employés.-Ft. 'Worth & D. c. on the probability of consent.-Lee v. State, 179 Ry.

Co. v. Decatur Cotton Seed Oil Co., 179 S. W. 145. S. W. 1104.

44 (Tenn.) In a prosecution for rape, eviOn 415 (Tex.Civ.App.) Where a municipal or- and accused is admissible to raise an implication

dence of prior intercourse between prosecutrix dinance prohibiting the running at large of of consent.-Lee v. State, 179 S. W. 145. . domestic animals is enforced, a railroad is under no obligation to keep a lookout for trespassing to sustain a finding that the defendant was the

held sufficient

Om51 (Tex.Cr.App.) Evidence animals in its switchyard.-Ft. Worth & D. C. Ry. Co. v: Decatur Cotton Seed Oil Co., 179 person that committed the crime.—Jernigan v. S. W. 1104.

State, 179 S. W. 1187. 425 (Tex.Civ.App.) The attempt of a horse

RATIFICATION. to recross a trestle, in doing which it fell and was injured, held the proximate cause of the See Infants, Om57; Principal and Agent, en injury, and not any negligence in the construc 166, 171. tion or maintenance of the trestle or the right

REAL ACTIONS. of way fences.—Missouri, K. & T. Ry. Co. of Texas v. Lovell, 179 S. W. 1111.

See Ejectment; Quieting Title; Trespass to

Try Title. C 442 (Tex.Civ.App.) In an action for the killing of cattle on railroad tracks, evidence as

REASONABLE DOUBT. to where they were struck, based on the evidences found on the ground, is admissible.-Ft. See Criminal Law, Om 561. Worth & D. C. Ry. Co. v. Decatur Cotton Seed Oil Co., 179 S. W. 1104.

REBATES. 443 (Tex.Civ.App.) Under Vernon's Sayles' Ann. Civ. St. 1914, art. 6603, there is no prima See Carriers, Om32. facie case against a railway for the death of a horse, which was not struck by its trains, but

REBUTTAL. which fell through a trestle on the defendant company's right of way.-Missouri, K. & T. Ry. See Criminal Law, Cw683; Witnesses, em Co. of Texas v. Lovell, 179 S. W. 1111.

376. Onw 447 (Tex.Civ.App.) In an action against a

RECEIVERS. railroad for the killing of cattle, a charge, au-See Appeal and Error, Om101, 1052; Corporathorizing verdict for plaintiff, held erroneous tions, C553-566; Pleading, Ou 245. under Vernon's Sayles' Ann. Civ. St. 1914, art. 6603, as authorizing verdict against the com

I. NATURE AND GROUNDS OF REpany though the cattle were killed at places

CEIVERSHIP. where it was not bound to fence.-Ft. Worth & D. C. Ry. Co. v. Decatur Cotton Seed Oil Co.,

(A) Nature and Subjects of Remedy. 179 S. W. 1104.

cm3 (Tex.Civ.App.) A bill which has for its A charge held erroneous in placing too great sole object the appointment of a receiver will a burden on the operatives of the railroad com- not be entertained.--Continental Trust Co. v.

1283

INDEX-DIGEST

Remainders

: REFORMATION OF INSTRUMENTS.

(B) Grounds of Appointment of Receiver. , stitute the lost papers.-Bennett v. State, 179 C24 (Mo.App.) On facts alleged in petition S. W. 713. for rescission of contract entered into during

In view of Code Cr. Proc. art. 482, lost papers minority and for cancellation of notes, chat can be substituted without notice served upon tel mortgage, etc., held that plaintiff had a the accused, and, in any event, his appearance right to apply for the appointment of a re- and answer to a motion to substitute without ceiver.-Moser v. Renner, 179 S. W. 970.

such service amounted to a waiver of notice.

-Id. II. APPOINTMENT, OTTALIFICATION,

REDIRECT EXAMINATION. AND TENURE. Om 32 (Tex.Ciy.App.) A bill for the appoint- See Witnesses, m286. ment of a receiver praying for time in which to pay indebtedness held not to state ground for appointment.-Continental Trust Co. v. Brown, See Limitation of Actions, Ow177. 179 S. W. 939.

I. RIGHT OF ACTION AND DEFENSES. III. TITLE TO AND POSSESSION OF PROPERTY.

w 18 (Ark.) Equity does not reform contracts

or deeds for a pure mistake of law.-Louis w 69 (Tex.Civ.App.) Receiver for purchaser of Werner Sawmill Co. v. Sessoms, 179 S. W. railroad stock under executory contract held 185. not entitled to obtain the stock without first 19 (Ark.) To justify a decree for reformapaying the purchase price.-Continental Trust tion of a deed on the ground of mistake, the Co. v. Brown, 179 S. W. 939. Receiver for corporation held to have no right ner Sawmill Co. v. Sessoms, 179 S. W. 185.

mistake must have been mutual.-Louis Werto compel the vendor, under an executory contract with the corporation for the purchase of an 19 (Tex.Civ.App.) It was not error to refuse land, to deliver possession without payment of to correct a deed of trust running to defendants the purchase price.-Id.

as to a misdescription, where it did not appear

that a mutual mistake as to such description V. ALLOWANCE AND PAYMENT OF Gist, 179 S. W. 1090.

had been made.- Memphis Cotton Oil Co. V. CLAIMS. O 155 (Tex.) Where the court takes charge of

II. PROCEEDINGS AND RELIEF. quasi public corporations, operating them 32 (Ark.) Lumber company's suit to reform through a receiver, it may make the necessary deeds to timber on ground of mistake as to time debts of operation a prior lien upon the income for removal, not brought within six years, held or the property itself.-Craver v. Greer, 179 s. barred by laches.-Louis Werner Sawmill Co. W. 862 on property of a private corporation or individu- fer of interest in business to include claim

sued Without some element of estoppel, vested liens ». Sessoms, 179 S. W. 185.

Om33 (Tex.Civ.App.) If reformation of transal cannot be postponed to the receiver's operat-on was desired, held that the transferor should ing expenses, and that one is a party to the re-have been made a party. --City of Brownsville ceivership suit is insufficient to produce that re

v. Tumlinson, 179 S. W. 1107. sult.-Id.

Plaintiff, in a suit to foreclose a mortgage, in w36 (Tex.Civ.App.) If reformation of transwhich a receiver was appointed to continue the fer of interest in business to include claim sued business on application of intervening creditors, on was desired, held that proper allegations held entitled to priority for his mortgage over should have been made.-City of Brownsville the receiver's operating expenses.-Id.

v. Tumlinson, 179 S. W. 1107. Presence of mortgage creditors at a creditors' Cw45 (Ark.) Reformation of bond given to semeeting at which a receivership to continue the cure return of mortgaged property with respect business was decided on, held not to estop them to the time for its return held properly denied; to assert the priority of their liens over the re- the evidence not being sufficiently clear, unceiver's operating expenses.-Id.

equivocal, and decisive.-Eureka Stone Co. v. Bank which was instrumental in procuring the Roach, 179 S. W. 499. appointment of a receiver to continue the busi To justify or authorize the reformation of a ness of a lumber concern held not entitled to ob- written instrument for fraud or mistake, the ject to the postponement of its mortgage to the evidence of such fraud or mistake must be receiver's operating expenses.-Id.

clear, unequivocal, and decisive.--Id. VI. ACTIONS.

REFRESHING MEMORY. Om 168 (Ky.) A receiver cannot be sued indi- See Witnesses, Omw 255. vidually upon a contract made by him as a receiver.-Avey v. Burnley, 179 S. W. 1050.

REHEARING. RECEIVING STOLEN GOODS.

See Appeal and Error, Om833, 835; Criminal

Law, Om1133.
See Criminal Law, Ow507.

REJOINDER.
RECOGNIZANCES.

See Pleading, C183.
See Bail.

RELEASE.
RECORDS.

See Chattel Mortgages, Cu241; Compromise

and Settlement; Mortgages, m 309; PaySee Appeal and Error, m 493–708; Courts,

ment; Principal and Surety, 115 ; VenOm 116; Criminal Law, m1090-1128; Evi

dor and Purchaser, On 267. dence, 318, 352, 383; Vendor and Purchaser, On 261.

REMAINDERS. Om 17 (Tex.Cr. App.) Where copies of the indictment, etc., certified on a change of venue

See Execution, 33; Life Estates; Wills, from F. county to M. county were lost, the

Omw 634. jurisdiction of the M. county district court at- cm 16 (Ky.) Gen. St. Ky. c. 63, art. 6, § 1, autached, and it might take proceedings to sub- thorizes the sale and reinvestment of estates of

persons taking vested remainders after a life es- could not be determined.—Couch v. Starks, 179 tate created by a will.—Johnson v. Whitcomb, S. W. 995. 179 S. W. 821.

72 (Ark.) Evidence in replevin for mules Children of remaindermen held barred from at-held to sustain a verdict for defendant.-Couch tacking sale under Gen. St. c. 63, art. 6, al- v. Starks, 179 S. W. 995. though not made parties thereto.-Id. A sale of property on petition of life tenant

REPLY. under Gen. St. c. 63, art. 6, is binding against contingent heirs whó might take the property See Pleading, Omw 180. should all remaindermen die before the life tenant.-Id.

REPORTS. Where sale is made under Gen. St. c. 63, art. 0, the sale and reinvestment cut off all rights of See Evidence, 366. contingent takers, who must then look to the fund derived from the sale for their share.-Id.

RESCISSION.

See Cancellation of Instruments; Sales, Om REMISSION.

124. See Appeal and Error, Om1140.

RESERVATIONS.

See Deeds, Cu143.
REMOVAL.
See Fixtures, m 33.

RES GESTÆ.
REMOVAL OF CAUSES.

See Criminal Law, m368; Divorce, w 62;

Evidence, On 128. III. CITIZENSHIP OR ALIENAGE OF

RESIDENCE.
PARTIES.
(A) Diverse Citizenship or Alienage in See Gaming.

General.
On 36 (Ky.) A nonresident defendant cannot re-

RES IPSA LOQUITUR. move a cause to the federal courts for diversity See Master and Servant, 265; Telegraphs of citizenship, in the absence of a showing of

and Telephones, Oww20. fraud in joining defendants, where the petition on its face states a good cause of action against both defendants.-Carter Coal Co. v. Prichard's

RES JUDICATA. Adm'r, 179 S. W. 1038.

See Judgment, nw 540-597, 822. Om 39 (Ky.) Where verdict was erroneously directed for the resident defendant, the case will

RESTITUTION. be treated thereafter as though the ruling were see Ejectment, w122. not made, and the nonresident defendant cannot remove to the federal court for diversity of citizenship.-Carter Coal Co. V. Prichard's

RESTRAINT OF TRADE. Adm'r, 179 S. W. 1038.

See Contracts, C116; Monopolies. Wherè verdict was properly directed for the resident defendant, he is still in the case until the appeal taken is decided, so that until then

RESULTING TRUSTS. the case cannot be removed to the federal court See Trusts, Om63, 89. for diversity of citizenship between the remaining defendant and the plaintiff.-Id.

RETROSPECTIVE LAWS. Cm 47 (Ky.) Petition, in an action for servant's wrongful death, held to state a good cause of

See Taxation, Om 861. action against both defendants so that neither was entitled to a transfer to the federal court

REVENUE. for diversity of citizenship to avoid which the plaintiff made the alleged fraudulent joinder of See Taxation. parties.-Garter Coal Co. v. Prichard's Adm'r,

REVIEW. 179 S. W. 1038.

See Appeal and Error; Criminal Law, Cum VI. PROCEEDINGS TO PROCURE AND

1134-1172; Justices of the Peace, O141. EFFECT OF REMOVAL. Om 86 (Ky.) Where the defendant moves to re

REVISION. move to the federal court for diversity of citizenship, alleging fraud in the joinder of par

See Statutes, 231. ties, he must set out the facts showing the fraud.-Carter Coal Co. v. Prichard's Adm'r,

REVOCATION. 179 S. W. 1038.

See Licenses, C58; Principal and Agent, Om RENT.

34–42; Subscriptions, 18. See Landlord and Tenant, Om 231.

RIGHT OF WAY. .

See Easements.
REOPENING CASE.

ROADS.
See Equity, On385.

See Highways; Private Roads.
REPLEVIN.

ROBBERY,
See Chattel Mortgages, Omw172.

See Criminal Law, Cm369. IV. PLEADING AND EVIDENCE.

Cm 24 (Tex. Cr. App.) In a prosecution for robOmw 69 (Ark.) In replevin formules, where it bery by putting complaining witness in fear of appeared that they were sold by plaintiff to one life and bodily harm, proof that he was terrorizwho gave his note for the purchase money and ed with a razor and despoiled held to warrant that on his own failure to pay the buyer pro- conviction, where death penalty was not assesscured defendant to indorse a note, the questioned though the razor be not a deadly weapon.

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