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For cases in Dec.Dlg. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER until state undertakes work.-Shaver v. Rice, men of City of Frankfort v. Morris, 273 S. W. 273 S. W. 48.

443, Ons 276 (Tex.Civ.App.) Natatorium "public 407 (2) (Tex.Civ.App.) Requirement of uniutility" authorized.--City of Belton v. Harris form taxation not violated by assessments for Trust & Savings Bank, 273 S. W. 914.

local improvement.--Blair v. City of Houston, On 282(1) (Ky.). Necessary concrete repair 273 S. W. 345. work on one-fourth of width of street at city's 413(2) (Ky:) Abutting property expense done without ordinance or resolution, cannot complain because improvement ordiheld not election of city to adopt general plan nance provides for constructing street intersecfor other streets.-Board of Common Council- tion at city's expense.--Shaver v. Rice, 273 S. men of City of Frankfort v. Morris, 273 S. W. W. 48. 443.

Cw414(1) (Ky.) City constructing entire sys. Street committee held entitled to make nec tem of streets under one plan may thereafter re.. essary repairs, in cases of emergency, upon construct them under another authorized plan.-worn-out streets without adopting general plan. Shaver v. Rice, 273 S. W. 48. -Id.

Om439 (Mo.) Charter construed in connection 288(1) (Ky.) Construction of part of street with organic law limiting assessments of beneunder unauthorized plan cannot affect validity fits.-In re Oak St., 273 S. W. 105. of improvement ordinance proceeding under Om. 450 (2) (Mo.) No presumption benefit disstatutory plan.-Shaver v. Rice, 273 S. W. 48. trict does not embrace all property benefited.

In re Oak St., 273 S. W. 105. (B) Preliminary Proceedings and Ordi. Property in immediate locality of improvement nances or Resolutions.

presumptively receives benefit different from m293(1). (Ky.) No lien for improvements public at large.--Id. created, where city council did not comply with Om 484 (3) (Mo.App.) Burden on defendant to statute.-Wait v. Southern Oil & Tar Co., 273 show objection to presumptive force of tax bill. S. W. 473.

--City

of Maplewood ex rel. and to Use of CitiEn 304(5) (Ky.) Paving improvement ordi- zens' Bank of Maplewood v. Johnson, 273 S. W. nance held not to restrict material to reinforced

237. concrete for base, with sheet asphalt surface. S 485(1) (Mo.App.) Assignment of tax bill --Board of Common Councilmen of City of | --City of Maplewood ex rel. and to Use of

inferred from sale without written assignment. Frankfort v. Morris, 273 S. W. 443. Om 316 (ķy.) Statute regarded as directory, Citizens' Bank of Maplewood v. Johnson, 273 where ordinance authorizing street improve

S. W. 237. ments is passed by two-thirds vote of council. Cw485(2) (Tex.Civ.App.) Improvement --Wait v. Southern Oil & Tar Co., 273 S. W. tificate, referring to extrinsic evidence by which 473.

land can be identified, not void for uncertainty.Errors of city council, after acquiring ju- Blair v. City of Houston, 273 S. W. 345. risdiction of proceedings for proposed street

Improvement certificate held not void for unimprovements, will not invalidate proceedings. certainty as to land. -Id. -Id.

Om488, 489(1) (Ky.). Property owners, fail(C) Contracts.

ing to petition for designated material for im

provement, estopped to complain of city's desAm 330(1) (Ky.) Contract for improvements | ignation.-Board of Common Councilmen of held invalid, where let without competitive bid- City of Frankfort v. Morris, 273 S. W. 443. ding.–Wait v. Southern Oil & Tar Co., 273 S. m 524 (Ky.) Contractor held entitled to reW. 473.

cover penalty for nonpayment of cost of street Valid ordinance and contract essential to ju- improvement.---Peters v. Horn, 273 S. W. 519. risdiction of council to charge property owner with improvement.-Id.

(F) Enforcement of Assessments and Spe331 (Ky.) Failure of treasurer to sign no

cial Taxes, tice calling for bids, harmless.-Wallace v. City 567 (3) (Ky.) Ordinance and contract for of Louisa, 273 S. W. 720.

improvements should be ordered filed with peww332 (Ky.) Improvement work held to have tition to enforce lien.-Wait v. Southern Oil been done according to plans and specifications. & Tar Co., 273 S. W. 473. -Wallace v. City of Louisa, 273 S. W. 720. 567(4) (Ky.) Answer in suit to enforce w333 (Ky.) Amount of deposit with bids for lien for improvements held insufficient.-Wait improvements immaterial, where contract made v. Southern Oil & Tar Co., 273 S. W. 473. according to accepted bid.—Wallace v. City of Burden on defendant to allege facts renderLouisa, 273 S. W. 720.

ing officer's determination in connection with om 335(2) (Ky.) Council held to have accept-improvements invalid.-Id. ed bid for improvement.-Wallace v. City of 567 (6) (Tex.Civ.App.) Description of land Louisa, 273 S. W. 720.

in petition to foreclose lien held not at fatal variConditions attached to bid for improvement ance with improvement certificate.-Blair v. could be waived by successful bidders or their City of Houston, 273 S. W. 345. assignee.-Id. 339(3) (Ky.) That bond guaranteeing im

XI. USE AND REGULATION OF PUBLIC provement work not filed until after comple

PLACES, PROPERTY, AND WORKS. tion of work, immaterial.--Wallace v. City of (A) Streets and Other Public Ways. Louisa, 273 S. W. 720.

em 705(1) (Mo. App.) Throwing newspaper 358(1) (Ky.) Objection that improvement bundle from moving automobile, against pedeswork not done under supervision of city en-trian on sidewalk, negligence.-Semper v. Amergineer held without merit.-Wallace v. City of ican Press, 273 S. W. 186. Louisa, 273 S. W. 720.

C705(2) (Ky.) Automobile driver required to

sound horn.-Wener v. Pope, 273 S. W. 92. (E) Assessments Benefits, and Spe-705(5) (Mo.App.) Motorist approaching incial Taxes.

tersection must have automobile under control; Cm405 (Ky.) Collection of taxes for general negligence."—D'Wolf v. Stix-Baer & Fuller fund, under guise of street assessment, unau- Dry Goods Co., 273 S. W. 172. thorized.-Peters v. Horn, 273 S. W. 519. Om706(2) (Tex.Civ.App.) Petition held to warOm 407 (1) (Mo.) Ordinance may provide for rant evidence automobile driver violated speed ascertainment of public and private benefits limit.--Dollar Dodge Rent Service v. McEwen, from street improvement.-In re Oak St., 273 S. 273 S. W. 889. W. 105.

Ow706(3) (Tex.Civ.App.) Burden on plaintiff CW407 (2) (Ky.) Exemption of railway from to prove operation of automobile at speed forpaving street held not discrimination against bidden by ordinance.-Dollar Dodge Rent Seryabutting owners.-Board of Common Council- ice v. McEwen, 273 S. W. 889.

for

706(5) (Mo.App.) Finding that automobile City held. not to have sustained burden of driver entering street intersection was not guilty proving invalidity of original warrants on which of contributory negligence held justified.-Wen-refunding warrants based.-Id. gert v. Lyons, 273 S. W. 143.

Issuance of two refunding warrants for $500 Ow706(5) (Mo.App.) Throwing bundle from instead of one for $1,000 mere irregularity noć vehicle in direction of pedestrian on sidewalk affecting validity.-id. proved by result.-Semper v. American Press, 273 S. W. 186.

(C) Bonds and Other Securities, and SinkOm 706(5), (Tex.Civ.App.) Finding automobile

ing Funds. driver violated speed limit sustained.—Dollar Dodge Rent Service v. McEwen, 273 S. W. 889.

On907 (Tex.Civ.App.) Limitation on total Ow706(6) (Ky.) Reasonableness of speed of amount of municipal bond issues held not reautomobile for jury, where there is some evi- pealed.-City of Belton v. Harris Trust & Sar. dence.-Wener v. Pope, 273 S. W. 92.

ings Bank, 273 S. W. 914. Om 706 (6) (Mo.App.) Proximate cause of ac- 915 (Tex.Civ.App.) Limitation of bond is. cident held for jury.-Wengert v. Lyons, 273 s. sues by city under charter stated.-City of BelW. 143.

ton v. Harris Trust & Savings Bank, 273 S. 706 (6) (Mo.App.) Slight discrepancy, as to

W. 914. time between testimony of plaintiff and his wit-w917(2) (Tex.Civ.App.) Certificate of Atness, not ground for sustaining demurrer to evi- torney General approving bond issue conclusive dence.-Semper v. American Press, 273 S. W. against city:-City of Belton v. Harris Trust 186.

& Savings Bank, 273 S. W. 914. 70607 (Mo.App.) Automobile driver's con

ww918(1) (Ky.) Submission of question of tributory negligence held for jury.-D’Wolf v. bond issue for street improvement held not reStix-Baer & Fuller Dry Goods Co., 273 s. w.quired where improvement at exclusive cost of 172.

abutting owners.-Shaver v. Rice, 273 S. W. em706(8) (Ky.) Evidence held not to warrant | 48. instruction on question of speed of automobile.

MURDER. -Wener v. Pope, 273 S. W. 92.

See Homicide, 706 (8) (Ky.) Instruction as to rate of speed held properly refused as incorrect.

MUTUAL BENEFIT INSURANCE. Wight v. Rose, 273 S. W. 472. Ow706(8) (Mo.App.) Refusal of declaration of See Insurance, Om697–800. law as to right of way at street intersections held erroneous.-Wengert v. Lyons, 273 S. W.

NAMES. 143. Ow706(8) (Mo.App.) Instruction on rate of 10 (Tex.Civ.App.) Failure to file certificate speed being proximate cause of collision held by parties doing business under assumed name warranted.-D'Wolf v. Stix-Baer & Fuller Dry made their contract void.-Bristol v. Chas. F. Goods Co., 273 S. W. 172.

Noble Oil & Gas Co., 273 S. W. 946. Om706 (8) (Mo.App.) Instruction, submitting Operating single gas well and sale of gas negligence in throwing bundle from vehicle, held to single purchaser held transacting business' not broader than petition.-Semper v. Ameri- within assumed name statute.-Id. can Press, 273 S. W. 186.

Action on contract, executed by plaintiffs unem 706(8) (Mo.App.) Petition held sufficiently der assumed name without filing of certificate, specific to warrant instruction submitting issue held not maintainable on theory that they of negligence in language thereof.-Gallagher v. could establish case without aid of illegal transS. Z. Schutte Lumber Co., 273 S. W. 213. action.-Id. Ow707 (Mo.) Information charging accused with recklessly running down child held valid.

NAVIGABLE WATERS.
-State v. Winkler, 273 S. W. 1040.
Instruction as to culpable negligence in run-

1. RIGHTS OF PUBLIC. ning down another with auto held proper.-Id. Como 16 (Ky.) Right to navigation paramount to

Evidence held sufficient to sustain conviction other rights.---Paducah Sand & Gravel Co. v. for recklessly running down child.--Id.

Central Home Telephone & Telegraph Co., 273

S. W. 481.
XII. TORTS,

Om 22(6) (Ky.) Paramount right to navigation

held not to authorize dredging crew to injure (A) Exereise of Governmental and Cor

property of another.–Paducah Sand & Gravel porate Powers in General.

Co. v. Central Home Telephone & Telegraph 736 (Mo.) City not relieved of liability for Co., 273 S. W. 481. drowning of boys because pond was on pri Dredging company required to exercise ordivate property.-Davoren v. Kansas City, 273 nary care not to injure cable in dropping anS. W. 401.

chor.-Id.

Dredging company required to exercise orXIII. FISCAL MANAGEMENT, PUBLIC dinary care in selecting place to drop anchor.

DEBT, SECURITIES, AND TAXATION. -Id. (A) Power to Incur Indebtedness and Ex

Willful injury by dredging company to tele. penditures.

phone cable, held not test of liability.-Id.

Instruction on dredging company's duty to Om 864 (4) (Ky.) Special assessments

not avoid injury to telephone cable held proper. "taxes" within constitutional provisions as to

-Id. municipal tax rate and limit of indebtedness.-Shaver v. Rice, 273 S. W. 48.

NEGLIGENCE.

See Master and Servant, 95-332; Munici(B) Administration in General, Appropriations, Warrants and Payment.

pal Corporations, w736; Railroads,

276-351; Street Railroads, Om83-118. Om902 (Tex.Civ.App.) Municipal warrants not negotiable instruments.-City of Belton v. Harris Trust & Savings Bank. 273 S. W. 914.

1. ACTS OR OMISSIONS CONSTITUTING

NEGLIGENCE. Com 903 (Tex.Civ.App.) Holders of refunding warrants in same position as holders of orig

(A) Personal Conduct in General. inals.-City of Belton v. Harris Trust & Sav-m2 (Ky.) Duty essential.- Louisville Trust ings Bank, 273 S. W. 914.

Co. v. Horn, 273 S. W. 549. Recitals' in ordinances authorizing refunding Cum 6 (Mo.App.) Violation of ordinance not warrants held to make prima facie case placing negligence as to persons not intended to be burden on city.-Id.

benefited.-Anderson v. Wells, 273 S. W. 233.

on

or

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (C) Condition and Use of Land, Buildings, One 136(25) (Ky.) Proximate cause of injury and Other Strpctures,

question for jury.---Louisville &.N. R. Co. v. On 28 (Mo.) Care required_of keepers of Goodman, 273 s. W. 526. pleasure resorts.-Davoren v. Kansas City, 273 C 136 (26) (Ky.), Contributory negligence for S. W. 401.

jury.-Rice's Adm’rs v. Kentucky Traction & Reasonable care required of property owner. Terminal Co., 273 S. W. 78. -Id. Em32(4) (Ky.) Boys skating on railroad sta

NEGOTIABLE INSTRUMENTS. tion platform not licensees or invitees.-Louis- See Bills and Notes. ville Trust Co. v. Horn, 273 S. W. 549. Patrons of railroad depot not charged with

NEW TRIAL. same duty toward licensees as company.-Id. Om33(1) (Ky.) Invitee's duty to licensee no See Criminal Law, Om918-959. greater than duty of owner of premises.-Lou I. NATURE AND SCOPE OF REMEDY. isville Trust Co. v. Horn, 273 S. W. 549. 33(3) (Ky.) Driver backing wagon at de- m8 (Mo.App.) That court granted new trial pot held not under duty to look for trespass as to one of defendants held not to require ers.-Louisville Trust Co. v. Horn, 273 S. W. granting of new trial as to other, where their 549.

liability was several.-Mount Arbor Nurseries On 39 (Ky.) Railroad station platform, v. New York, C. & St. L. R. Co., 273 S. W. which boys accustomed to skate, not attractive 410. nuisance.-Louisville Trust Co. v. Horn, 273

II. GROUNDS. S. W. 549.

(E) Irregularities or Defects in Verdict 39 (Mo.) City officers chargeable with

or Findings. knowledge ponds are attractive to children.

Om 60 (Tex.Civ.App.) Inconsistent or contraDavoren v. Kansas City, 273 S. W. 401.

dictory findings of jury should be set aside, Child attracted to pond not guilty of tres- and new trial granted. Crow v. Monroe, 273 pass barring recovery for death. ---Id.

S. W. 886. Instruction to find pond was attractive to children held without error.-Id.

(F) Verdict or Findings Contrary to Law 41 (Mo.) Person creating dangerous con

Evidence. dition must use reasonable precaution to pre-m70 (Tex.Civ.App.) Neither trial court nor vent injury.-Davoren v. Kansas City, 273 S. Court of Civil Appeals authorized to disturb W. 401.

finding of jury on fact question supported by

pleadings and evidence.-Mansfield v. Rigsby, II. PROXIMATE CAUSE OF INJURY.

273 S. W. 290. 56(1) (Mo.App.) “Proximate cause" de-72 (Tex.Civ.App.) Special findings for fined. - Wengert v. Lyons, 273 S. W. 143.

plaintiff held not so clearly wrong as to require Omw 61(1) (Mo.App.) Negligence, if contribut- trial court to set them aside.--Galveston, H. ing element, actionable despite act of God.- & S. A. Ry. Co. v. Freeman, 273 S. W. 979. Meadows y. Wabash Ry, Co., 273 S. W. 130.

(G) Surprise, Accident, Inadvertence, or

Mistake.
IV. ACTIONS.

Ow97 (Tex.Civ.App.) Party surprise, by fail(A) Right of Action, Parties, Preliminary sing to withdraw announcement of readiness for Proceedings, and Pleading.

trial, waives right further to investigate matter 110 (Mo.App.) Petition held to state cause pertaining to surprise.-Thetford v. Modern of action in tort for breach of duty to invitee. Woodmen of America, 273 S. W. 666. -Smith v. Anderson Motor Service Co., 273 S.

Party will not be permitted to speculate upW. 741.

on verdict of jury with full knowledge of status 119(1) (Ky.) Recovery authorized if ei

of testimony.-10. ther act of negligence is established.-Louisville

(H) Newly Discovered Evidence. & N. R. Co. v. Goodman, 273 S. W. 526. Om 119(1) (Mo.App.) Only enough of acts al 99 (Ky.) Denial of new trial on ground of leged to make case need be proved.-Semper v. newly discovered evidence held not error.American Press, 273 S. W. 186.

Stevens v. Potter, 273 S. W. 470. Om 119(4) (Mo.App.) Recovery limited to spe- ww99 (Tex.Civ.App.) Granting of new trials cific negligence averred.-Rogue v. Grunden for newly discovered evidence largely within Martin Mfg. Co., 273 S. W. 782.

discretion of trial court.-Wright v. Stone, 273 i 19(7) (Mo.) Plaintiff can only recover on S. W. 937. proof of negligence pleaded.-Bonnarens v. Lead Trial court held not to have abused its disBelt Ry. Co., 273 S. W. 1043.

"cretion in denying new trial for newly dis

covered evidence.--Id. (B) Evidence.

102(3) (Tex.Civ.App.) Facts set up in moOno 121(1) (Mo.App.) Burden of proof on par- tion for new trial held not sufficient to set aside ty alleging negligence. Mount Arbor Nurseries trial court's action in overruling motion. v. New York, C. & St. L. R. Co., 273 S. W. 410. Thetford v. Modern Woodmen of America, 273

121(2) (Mo.App.) Rule of res ipsa loquitur S. W..666. inapplicable on proof of specific acts.-Carpen-C! 08(1) (Ky.) Newly discovered evidence to ter v. Burmeister, 273 S. W. 418.

justify new trial must be such as would likely Omw 134 (I) (Tex.civ.App.) Evidence held not produce different result.-Stevens v. Potter, to sustain finding injury to pedestrian from 273 S. W. 470. fall of materials from building did not occur through negligence.-Margules v. Terry, 273 S.

III. PROCEEDINGS TO PROCURE NEW W. 690.

TRIAL

143(1) (Ark.) Verdict of jury returned in(C) Trial, Judgment, and Review. to and accepted by court held not subject to im. Pro 136(7) (Mo.App.) Credibility of evidence peachment by jurors.-White Co, v. Bragg, 273 as to manner of injury held for jury.--Smith v.

S. W. 7.
Anderson Motor Service Co., 273 Š. W. 741.
C136(18) (Mo.App:) Hiring of truck caus- See Dismissal and Nonsuit.

NONSUIT,
ing injury held for jury.-Smith y. Anderson
Motor Service Co., 273 S. W. 741.
Negligence in furnishing truck held for jury.

NOTES.
-Id,

See Bills and Notes,

NUISANCE.

II. ACTIONS FOR PARTITION.
I. PRIVATE NUISANCES.

(A) Right of Action and Defenses. (A) Nature of Injury, and Liability There Omil (Tex.Civ.App.) Partition statute held to for.

have authorized partition of mineral rights, cm3 (1) (Ark.) Permitting creosote to flow on

both before and after 1917 amendment.-Henland injuring crops actionable.--Ayer-Lord Tie derson v. Chesley, 273 S. W. 299. Co. v. Puckett, 273 S. W. 715.

w 12(!). (Tex.Civ.App.) Owner of undivided Omw3(3) (Ark.) Recovery for noxious odors one-half interest in mineral rights and owner from outlet of sewer warranted.-Ayer-Lord of fee and remaining mineral rights held "joint Tie Co. v. Puckett, 273 S. W. 715.

owners," within partition statute.-Henderson

v. Chesley, 273 S. W. 299. (D) Actions for Damages.

Owner of undivided interest in mineral rights

has a separate and distinct "interest" in land, Com 53 (Ark.) Evidence held not to warrant

authorizing partition.-Id. submission of issue whether creosote allowed Owner of undivided one-half interest in minto flow on land. -Ayer-Lord Tie Co. v. Puckett, eral rights held to have sufficient interest to 273 S. W. 715.

compel partition.-Id.

ww23 (Tex.Civ.App.) Defendants, making imOBLIGATION OF CONTRACTS.

provements on land, knowing, of plaintiff's inSee Constitutional Law, Em137-140.

terest in mineral rights, not entitled to defeat

plaintiff's right to partition thereof.-Henderson OBSTRUCTING JUSTICE.

v. Chesley, 273 S. W. 299. 21 (Ky.) $1,000 fine and 12 months' im.

(B) Proceedings and Rellet. prisonment not too severe for inducing witnesses not to appear.–Loving v. Commonwealth. ?7(1) (Tex.Civ.App.) Law favors partition 273 S. W. 56.

in kind.-Henderson v. Chesley, 273 S. W. 299.

Om92 (Tex.civ.App.) În partitioning undividOFFICERS.

ed interest in mineral rights, assumed that See Clerks of Courts; District and Prosecut- each acre contains equal amount of minerals.ing Attorneys;

Judges; Justices of the Henderson v. Chesley, 273 S. W. 299. Peace; Receivers; Sheriffs and Constables. ww95 (Tex.Civ.App.) Partition decree held to

refer to identical land described in inventory.1. APPOINTMENT, QUALIFICATION, AND Moore v. Unknown Heirs of Gilchrist, 273 s. TENURE.

W. 308.

Partition decrees, when read as a whole, to(B) Appointment.

gether with record of proceedings, held to idenOm 15 (Mo.App.) Appointment by nomination | tify land as that claimed by plaintiffs.-Id. and confirmation not complete, until action by all bodies concerned.-Schulte v. City of Jeffer

PARTNERSHIP. son, 273 S. W. 170.

(II. MUTUAL RIGHTS, DUTIES, AND LIAPARENT AND CHILD.

BILITIES OF PARTNERS,

(A) Firm Property and Business. See Adoption; Infants.

Om83 (Ky.) Partner cannot recover for partm2(3) (Tex.Civ.App.) Welfare of child held nership services, in absence of express agree. paramount_to right of father to custody.

ment.-Luke v. Burgess, 273 S. W. 452. Joseph v. Puryear, 273 S. W. 974. On 17 (6) (Mo.App.) Conviction of nonşupport of child held not sustained by evidence.-Statem 120 (Ky.) Answer in suit by partner for

(C) Actions Between Partners. v. Young, 273 S. W. 1106.

State must prove accused's ability to provide partnership services based on alleged contract for child to authorize conviction for nonsup

held not demurrable.-Luke v. Burgess, 273 S. port.-Id.

W. 452. Om 18 (Ky.) Father entitled to legal redress for wrongful inducement or persuasion of minor

IV. RIGHTS AND LIABILITIES AS TO

THIRD PERSONS. child to leave him.-Meredith v. Buster, 273 S. W. 454.

(A) Representation of Firm by Partner. PARTIES.

145 (Ark.) Borrowing money by one party, For parties on appeal and review of rulings as to be used in purchase of interest in firm, does to parties, see Appeal and Error.

not create firm obligation.-Garner v. Hallum, For parties to particular proceedings or instru- 273 S. W. 1025. ments, see also the various specific topics.

Eww157 (1) (Ark.) Silence by other member of

copartnership not ratification of loan to III. NEW PARTIES AND CHANGE OF

member thereof so as to bind firm.-Garner v. PARTIES.

Hallum, 273 S. W. 1025. C51(4) (Tex.Com.App.) Suit by depositor against bank for cashier's defalcations held (D) Actions by or Against Firms or Partproperly joined with bank's cross-action against cashier's surety.-National Surety Co.

217(1) (Ark.) Burden was on holder of Atascosa Ice, Water & Light Co., 273 S. W.

note to show it was partnership liability.-Gar821.

ner v. Hallum, 273 S. W. 1025.

Ow217(3) (Ark.) Evidence held not to show V. DEFECTS, OBJECTIONS, AND money loaned either to partnership or for its AMENDMENT.

use.-Garner v. Hallum, 273 S. W. 1025. ww95(3) (Mo.App.) Amendment during trial for substitution of defendant's real name not

PERJURY. error.-Hirsch v. Hirsch, 273 S. W. 151.

II. PROSECUTION AND PUNISHMENT. PARTITION.

33(6) (Tex.Cr.App.) Evidence held insuf

ficient to show materiality of alleged false tes1. BY ACT OF PARTIES,

timony.-Kelly V. State, 273 S. W. 818. Cm8 (Tex.Civ.App.) Partition agreement held Saw 36 (Tex.Cr.App.) Question of materiality to convey equitable interest to decedent's son. of alleged false testimony in perjury case is ---Fikes v. Buckholts State Bank, 273 S. W. usually question of law.-Martin v. State, 273 957.

S. W. 855.

one

ners.

V.

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

opportunity to amend, if desired.-Stodghill v.

Crafton, 273 S. W. 466. For pleadings in particular actions or proceedings, see also the various specific topics.

VI. AMENDED AND SUPPLEMENTAL For review of rulings relating to pleadings, see

PLEADINGS AND REPLEADER. Appeal and Error.

Con 229 (Mo.) Trial courts should be liberal in

allowing amendments.-Scullin Steel ('o. I. FORM AND ALLEGATIONS IN GEN

Mississippi Valley Iron Co., 273 S. W. 95. ERAL.

On 236() (Tex.Civ.App.) Discretion of trial 8(5) (Ky.) Allegation that cross-defendant court to allow amendments to pleading should was liable held a conclusion; cross-petition by not be exercised to defeat justice.-Sorenson v. surety against cosurety held insufficient. City Nat. Bank, 273 S. W. 638. Stodghill v. Crafton, 273 S. W. 466.

Cm 262 (Mo.) Denying defendant right to file Cm8(17) (Mo.App.) Allegation of petition that amended answer and counterclaim held not aremployer was negligent in employing 15 year Vitrary:-Scullin Steel Co. v. Mississippi Valley old plaintiff, without alleging absence of em Iron Co., 273 S. W. 95. ployment certificate, held mere conclusion.-fw276 (Tex.Civ.App.) Consent of court to filBuifum v. F. W. Woolworth Co., 273 S. W. 176. ing supplemental pleadings required.—Childress Om 2! (Mo.) Averment in amended petition v. Wolf, 273 S. W. 274. held inconsistent with claim deed absolute on face was in fact mortgage.-Stevens v. Stevens,

XI. MOTIONS. 273 S. W. 1066.

Cm367 (2) (Ark.). When language of complaint On 32 (Ky.) Cross-petition, alleging that form sufficient by fair inference to constitute cause er cosurety signed and executed contract of of action, motion to make more definite, and suretyship, without setting out terms, held bad not demurrer, is remedy.--Penix v. Shaddox, on general demurrer.--Stodghill v. Crafton, 273 273 S. W. 361. S. W. 466.

On 369(1) (Mo.App.) Sustaining oral motion Cam 34(3) (Tex.Civ.App.) Every intendment

at close of plaintiff's case, requiring it to elect indulged in favor of petition, where not at

on which cause of action it would proceed, held tacked by special 'exception.-Alcorn v. Means, not error.--State ex rel, Athletic Tea Co. v. 273 S. W. 1016.

Cameron, 273 S. W. 746. Cmo 34(4) (Ky.) Presumption that indemnity

Plaintiff must elect upon which of one or policy, not alleged to have been in effect at

more repugnant counts he will proceed.-Id. time of injury, had expired or was inoperative at such time.-Transylvania Casualty Ins. Co. XII. ISSUES, PROOF, AND VARIANCE. v. Williams, 273 S. W. 536.

w34(6) (Mo.App.) On objection to intro-On382(1) (Mo.App.) General denial ordinariduction of evidence under petition, petition will ly authorizes evidence of any facts tending to be upheld if by fair implication or reasonable disprove any of essential facts alleged in peintendment essential allegation may be pieced tition.- Pecher v. Howd, 273 s. W. 752. out.-Smith v. Anderson Motor Service Co.

, Omw397 (Tex.Civ.App.) Where defendant's an273 S. W. 741.

swer puts new issue in case, plaintiff entitled to judgment on allegations thereof if sustain

ed.-Neal v. Ellison, 273 S. W. 931. III. PLEA OR ANSWER, CROSS-COMPLAINT, AND AFFIDAVIT OF

XIII. DEFECTS AND OBJECTIONS, WAIVDEFENSE.

ER, AND AIDER BY VERDICT (A) Defenses in General.

OR JUDGMENT. ww96 (Mo.App.) Where

insufficient Cw403(1) (Tex.Com.App.) Admission of anand same as though defendant filed no pleading swer aid, as against general demurrer, averat all, it amounts to confession of material al ments of cross-action.-Hoffman V. Magnolia legations of petition.-Franklin Bank v. Inter- Petroleum Co., 273_S. W. $28. national Hospital Equipment Co., 273 S. W.m403 (5) (Ky.) Failure of petition to set 197.

aside transfer of note to aver assignee's knowl

edge of assignor's fraudulent intent held cured (E) Set-off, Counterclaim, and Cross-Com by answer and other pleadings.-Whitaker v. plaint.

Davidson, 273 S. W. 485, @mw 142 (Ky.) Answer in suit by partner for Com 420 (2) (Mo.) Appellants' conduct during partnership services based on alleged contract trial held waiver of right to complain of action held not demurrable as constituting counter

of trial court permitting amendment.-Naclaim.-Luke v. Burgess, 273 S. W. 452.

tional Bank of Rolla v. Leonard, 273 S. W.

723. V. DEMURRER OR EXCEPTION.

428 (4) (Mo.App.) Where demurrer over

ruled, party may object to introduction of evi193() (Ark.) When language of complaint dence at trial, and predicate error sufficient by fair inference to constitute cause ruling thereof.-Smith Anderson Motor of action, motion to make more definite, and Service Co., 273 S. W. 741. not demurrer, is remedy.-Penix v. Shaddox, C-433(2) (Mo.App.) In absence of demurrer 273 S. W. 364.

challenging its sufficiency, petition held good em 205(2). (Tex.Civ.App.) Issue of fact can- after judgment.-Steffen v. Stahl, 273 S. W. not be raised by general demurrer.-Houston | 118. Belt & Terminal Ry. Co. y. Davis, 273 S. W.

PLEDGES. 676. Om 214(1) (Tex.Civ.App.) Allegations in peti-eww2! (Tex.civ.App.) One cannot give better tion accepted as true on demurrer.-Chicago, title by pledge than he has himself.-Climber R. I. & G. Ry. Co. v. Duncan, 273 S. W. 908. Motor Corporation v. Fore. 273 S. W. 281.

ww21413) (Ky.) Allegation of petition taken C30 (5) (Tex.Civ.App.) Pledgees by neglias true on demurrer. --Whitaker v. Davidson, gent failure to collect notes as they matured 273 S. W. 485,

became liable to plexigor for amount thereof.wa 225(1) (Ky.) On failure of pleader to re- | Gray v. llafale, 273 S. W. 647. quest opportunity to amend pleading to which

Whether pledgees were negligent in collectgeneral demurrer is sustained, dismissal of ing notes held fact issue error.-Id. pleading is proper.-Stodghill v. Crafton, 273 S. W. 466.

PRACTICE. Cm 225(2) (Ky.) On sustaining general de For practice in particular actions and proceedmurrer, court should give pleader reasonable ings, see the various specific topics.

273 S.W.-74

answer

on over

V.

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