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XIV. CONCLUSIXENESS OF ADJUDI

of abstract furnished is not equivalent of non- On735 (Mo.App.) Where several persons insuit, which does not bar further action.-Id. dorsed a note for accommodation, which a bank

564(1) (Mo.App.) In a suit for purchase accepted as collateral, and in settling the esmoney due on a sale of land defended solely on tate of one indorser the original note was althe ground that the abstract did not show clear lowed as a claim, held, that the judgment altitle, and wherein defendant averred willingness lowing the claim was not res judicata as to to pay for such a title, a judgment in his favor such estate; the defense of payment having held not res judicata as to a subsequent suit on

later arisen.-Ollis v. Farmers' & Merchants' petition setting forth substantially the same

Bank, 201 S. W. 947. facts.-Hobson v. Lenox, 201 S. W. 961. Om735 (Tex.Civ.App.) Judgment is not res ad

judicata to prior suit, where matter in issue (B) Causes of Action and Defenses Merg- in subsequent suit was not in issue in prior ed, Barred, or Coheluded.

suit.-International & G. N. Ry. Co. v. ConOmw 603 (Mo.App.) Where landlord sued in jus- crete Inv. Co., 201 S. W. 718. tice court for rent due, and summons was made 739 (Tex.Civ.App.) Claims against a railreturnable in nine days instead of ten, as re- road company under Rev. St. 1911, art. 6625, quired by Rev. St. 1909, § 7420, and alias sum- enacted September 1, 1910 (Acts 31st Leg. mons then issued returnable in due time, the [4th Called Sess.] c. 4), could not have been fact that another month's rent fell due

before adjudicated in receivership proceedings had the issuance of the alias summons did not pre- prior to the enactment of such statute, and clude recovery for such month in a second suit. therefore prior to the existence of the pur-Plonsky v. Morrison, 201 S. W. 595.

chasing corporations.-International & G. N. m606 (Ky.) Recovery for temporary injury Ry. Co. v. Concrete Inv. Co., 201 S. W. 718. to land by flooding is not a bar to an action for 740 (Ky.) That wife in former suit assertdamages for subsequent flooding.–Stahr v. Chi-cd homestead rather than dower rights would cago, M. & G. R. Co., 201 S. W. 451.

in no way affect or defeat dower awarded in Cw619 (Mo. App.) Where contract erect such suit.-Johnson v. Boggess, 201 S. W. 42. school building was basis of judgment for Sal-w743(2) (Mo.App.) In suit against bank for ance due thereon, its validity could not be at- fund, wherein bank interpleaded another with tacked in mandamus to enforce it on ground plaintiff, resulting in judgment that bank pay that contractor had entered into contract with money into court, where no appeal from such knowledge that existence of district had been judgment was taken, it became final, and in attacked by quo warranto, as contract was merg- disposing of rights of interpleaders to fund ed in the judgment and defenses should have there can be no reaching back past judgment, been made in the contract case.-State ex rel. and no disturbance of issues settled by it. Hentschel v. Cook, 201 S. W. 361.

Youngs v. People's Sav, Bank, 201 S. W. 632.

JUDICIAL NOTICE.
CATION.

See Criminal Law, em 304; Evidence, Em5(B) Persons Concluded.

29. Oma 682(3) (Mo.) Decree of Supreme Court on

JUDICIAL POWER. appeal in partition proceedings involving title See Constitutional Law, em70. to real estate is res judicata as to party to such suit who bought under sale ordered by lower court.-Brown v. Simpson, 201 S. W.

JUDICIAL SALES. 898.

See Execution, ww266–315; Executors and AdOw705 (Mo.App.) Where a factor was gar

ministrators, 349; Judgment, em 682; nished for proceeds of goods, and a bank inter- Life Estates; Partition, m109. pleaded and claimed it was owner of the goods, if the bank proves its claim, the factor cannot

JUNK DEALERS. hold out an amount due it from the shipper, where it did not appear in the action except See Constitutional Law, @mw287; Licenses, fra by answer to the garnishor.-Cochrane v. First 7, 16; Searches and Seizures, Om7 State Bank of Pickton, Tex., 201 S. W. 572.

JURISDICTION. (C) Matters Concluded. Om713(2) (Tex.Civ. App.) That claim under

See Appeal and Error, 456, 493. 840: CanRev. St. 1911, art. 6625, could have been as

cellation of Instruments, Omw32; Courts; serted by amendment of plea of intervention filed

Criminal Law, 83–94; Death, 34, 35; prior to enactment of such statute did not make

Equity. Om8, 24; Landlord and Tenant, determination of plea res adjudicata as to such

291; Mandamus, m 142. claim.-International & G. N. Ry. Co. y. Concrete Inv. Co., 201 S. W. 718.

JURY. Em714(1) (Tex.Civ.App.) In order for judg. See Appeal and Error, w994; Criminal Law, ment to be res adjudicata, it must have litigat- Om740-764; Grand Jury. ed same claim as that involved in second action.-International & G. N. Ry. Co. v. Con

II. RIGHT TO TRIAL BY JURY. crete Inv. Co., 201 S. W. 718.

em 19(1) (Ark.) Under Kirby's Dig. $$ 449, w719 (Tex.Civ.App.). In passing on plea of 4480, and 4485, relating to summary procedure res adjudicata, issues involved in actions are by client to recover money received by an atdetermined from pleadings therein.-Interna- torney, where the attorney files a verified antional & G. N. Ry. Co. v. Concrete Iny. Co., swer setting up a good defense, he is entitled 201 S. W. 718.

to a regular jury trial.-Davies & Davies v. Cm720 (Tex.Civ.App.) Where decree dividing Patterson, 201 S. W. 504. land between owners contained call for dis-C32 (4) (Ark.) Acts 1917, p. 229, providing tance, and also incorporated therein prior par- that the verdict of any nine of the jurors in a tition deeds and subdivision map, held, distance civil case shall be accepted as the verdict of call could not be selected from among such de- the jury, is void as offending against the conscriptions, so as to render the decree conclu- stitutional guaranty of the right of trial by sive as to adjoining tracts' common boundary jury.-Davis v. H. A. Nelson & Son, 201 S. W. line.-Wilson v. Hutcheson, 201 S. W. 1158. '511.

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

201 S.W.-79

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V.

IV. SUMMONING, ATTENDANCE, DIS- IV. PROCEDURE IN CIVIL CASES. CHARGE, AND COMPEN

Cm 86(6) (Ark.) Under Kirby's Dig. $ 385, purSATION.

chaser at attachment sale in justice court, m70(8) (Tex.Cr.App.) Where there were 84 held to become a party to the proceeding and jurors selected for term of court and 60 were bound by subsequent order sustaining excepdischarged without being drawn or serving on tions and setting aside the sale.—Henry Quella venire, the drawing of the remaining 24 and malz Lumber & Mfg. Co. v. Day, 201 S. W. 125. the adding of 24 names by the sheriff, in a

Cm 90 (Mo.App.) Since a court of the justice capital case, was not a compliance with Code of the peace is not a court of record, Rev. St. Cr. Proc. 1911, art. 661, relating to drawing of 1909, 8-1831, prescribing the forms of pleading special venire, and a conviction cannot stand. in courts of record, does not apply to actions -Clayton v. State, 201 S. W. 172.

originating before the courts of justices of the 72(3) (Ark.) Special venire selected from peace.-City of La Grange ex rel. Palmer v. list of conveniently located persons prepared Carnival City Packet Co., 201 S. W. 6:1. by judge and sheriff

, held chosen from bystand-C 91(2) (Mo. App.) Statement for material ers within Kirby's Dig. $ 4520, authorizing furnished defendant by plaintiff, filed before special venire to be selected from bystanders justice of peace, held fatally defective and inwhen regular panel is disqualified.-Rogers v. sufficient to support judgment for plaintiff.State, 201 S. W. 845.

Gillings v. Chapple, 201 S. W. 620. Cw82 (3) (Ark.) Accused cannot complain of Cm91(2) (Mo. App.) Complaint in justice court manner in which special venire was selected, alleging that the plaintiff was a municipal corwhere he did not exhaust his peremptory chal- poration, duly organized under the laws of lenges, and did not show that any juror was dis- Missouri and located in Union township. Lewis qualified or biased.-Rogers v. State, 201 S. W. county, Mo., sufficiently identified the city, and 845.

was sufficiently specific to bar another action on Om 82(3) (Tex.Cr.App.) That jury imposed im- the claim involved.-City of La Grange ex rel. prisonment. instead of death in capital case, Palmer v. Carnival City Packet Co., 201 S. W. does not affect the right of the defendant to a 631. venire in accordance with law relating to capi- Cow 92 (Mo.App.) Though case arises before tal cases.-Clayton v. State, 201 S. W. 172. justice of peace, when defendant does file an

swer, it should contain all defenses relied on.-V. COMPETENCY OF JURORS, CHAL- Sutton v. Libby, 201 S. W. 615. LENGES, AND OBJECTIONS.

www!30 (Tex. Civ. App.) Justices' courts have -90 (Ky.) Where a juror was in fact relat- sperial and exclusive jurisdiction under Constied to deceased, one convicted by the jury of tution, and other courts cannot review trials which he was a member was entitled to rever- therein except upon appeal, and, where no apsal, unless the juror was in fact ignorant of peal is allowed, judgments rendered therein are the relationship.-Leadingham Common- conclusive.- Mann v. Brown, 201 S. W. 438. wealth, 201 S. W. 500.

135(3) (Tenn.) The levy of an execution www.99 (1) (Ky.) Where a juror had expressed from a justice's judgment upon land creates a an opinion as to accused's guilt, and falsely lien in favor of the judgment creditor.-Hamstated on his examination that he had not done mock v. Qualls, 201 S. W. 517. so, accused, when convicted by jury of which such juror was a member, was entitled to re- V. REVIEW OF PROCEEDINGS. versal.-Leadingham v. Commonwealth, 201 S. W. 500,

(A) Appeal and Error. www 103(3) (Ky.) Unless a juror who had pre-141(4) (Tex.Civ.App.) County court on apviously formed or expressed an opinion with peal from justice has jurisdiction to adljudiregard to accused's guilt qualified by stating on cate claim for additional damages from dehis voir dire examination as provided in Cr. terioration of attached goods since appeal, Code Prac. $ 207, that he believed he could though this raised amount involved above $200. fairly and impartially render a verdict, one con- --Hegman v. Roberts, 201 S. W. 268. victed by a jury of which such person was a mos 150(1) (Mo.App.) Advantage may be taken member was entitled to reversal.-Leading bam of fatally deficient statement filed in justice v. Commonwealth, 201 S. W. 500.

court at any stage of case, even in Court of C 103(14) (Ark.) A juror who had formed Appeals.-Gillings v. Chapple, 201 S. W. 620. an opinion from newspaper accounts of a rape www 156 (Mo. App.) Where transcript filed by case, who expressed a fixed willingness and justice in circuit court showed that bond and ability to disregard such opinion, was not dis- affidavit required by statute were duly filed, qualified.-Crawford v. State, 201 S. W. 784. and justice did in point of fact return such apVI. IMPANELING FOR TRIAL AND diction, though no actual allowance of appeal

peal to circuit court, circuit court had jurisOATH.

appeared in record of justice, in view of Rev. C 149 (Mo.App.) Mere fact that practically St. 1909, § 7574.—Hatfield v. Watson, 201 S. at close of trial two jurors read, but stated W. 564. they were not influenced by, a newspaper ac-Com 157 (4) (Mo.App.) Under Rev. St. 1909. S count of a delay in the suit did not show an 7580, providing that no appeal allowed by jusabuse of discretion of the court in refusing to tice shall be dismissed for defective affidavit, discharge the jury:-Shafer v. Kansas City Rys. held, where affidavit lacked jurat, appellants Co., 201 S. W. 611.

were properly allowed to amend before motion

to dismiss was determined.-Hatfield v. WatJUSTICES OF THE PEACE. son, 201 S. W. 564.

Cmw 159 (3) (Mo.App.) A suit injustice court See Execution, 266.

based on memorandum entitled "W., Debtor to

H. in McDonald case, P. Trustee," was against III. CIVIL JURISDICTION AND AU

W. alone, so that appeal bond signed by him THORITY.

alone was not defective.-Hatfield v. Watson, ww 43(1) (Ark.) Action for value of baggage | 201 S. W. 564. deposited in station and never delivered, valim 164 (3) (Tex.Civ.App.) Althougn, under ue of which was less than $100, was for negli- Vernon's Sayles' Ann. Civ. St. 1914, art. 2396, gent breach of contract, within Const. art. 7, upon granting appeal to county court, justice $ 10, giving justices of peace concurrent ju- shall immediately make and transmit tranrisdiction with circuit court in matters of con- script, and under article 2395 appeal is pertract not exceeding $300.-Jonesboro, L. C. & fected upon filing bond, appellant must cause E. R. Co. y. Davenport, 201 S. W. 1114. transcript to be filed as required by article

2397.-Houston & T. C. R. Co. V. Aycock, 201, plaintiff's title.-Russell v. McIntosh, 201 S. S. W. 661.

W. 33. Owne 166(2) (Tex.Civ.App.) Upon failure of justice of peace to make and transmit tran

IV. TERMS FOR YEARS. script upon appeal to county court, as requir-(C) Extensions, Renewals, and Options to ed lig Vernon's Sayles' Ann. Civ. St. 1914, art.

Purchase or Sell, 2396, and within time required by article 84 (Tenn.) While tenant in possession 2397, appellant must compel, same failure to whose lease contains no provision for renewal do which for several subsequent terms is neg cannot compel renewal, he has such likelihood ligence justifying dismissal.-Houston & T. Č. of procuring renewal, which is called “tenantR. Co. v. Aycock, 201 S. W. 664.

right of renewal,” that equity will protect it. Failure to file appeal transcript from justice -Fine v. Lawless, 201 S. W. 160. with county court within time prescribed in Vernon's Sayles' Ann. Civ. St. 1914, art. 2397, VII. PREMISES AND ENJOYMENT will not always be ground for dismissal, since

AND USE THEREOF. article 2400 provides mode of procedure in (B) Possession, Enjoyment, and Use. district and county courts shall control in justice's courts, unless procedure is otherwise no 139(1), (Ark.) The rights of parties where prescribed, where for good cause more than crops on leased land in another state were 90 days may be allowed.-Id.

there converted by a third person are governed Cm 166 (3) (Tex.Civ.App.) Upon appeal from Trust Co. v. Bond, 201 S. W. 820.

by the law of that state.--Security Bank & justice of peace to county court, appellee cannot file motion to dismiss until transcript has Cw139(5) (Ark.). While right of action, which been filed.-Houston & T. C. R. Co. v. Aycock, became complete in another state, of landlord 201 S. W. 664.

against third person who converted the tenant's C 174 (22) (Mo.App.) Objection ore tenus in crop, is enforceable in Arkansas, the remedy circuit court to statement of cause of action Bank & Trust Co. v. Bond, 201 S. W. 820.

depends on the law of Arkansas.-Security filed before justice of peace, held not entitled to as favorable consideration as if made by

Remedy of landlord, having lien on tenant's written motion to dismiss timely“ filed.-Gil. crops, for conversion by third person, is aclings v. Chapple, 201 S. W. 620.

tion against tenant for debt, with attachment,

or suit in equity against third person.-Id. JUVENILE COURTS.

Ono 139 (5) (Tex.Civ.App.) Evidence held suffi

cient to support finding that lessor agreed to See Infants, 18.

furnish lessee necessary water for irrigating

rice crop.-Hudson v. Salley, 201 S. W. 605. JUVENILE DELINQUENTS.

(F) Evietion. See Infants, m 16, 18.

180(4) (Ark.) The measure

of damages LACHES.

for unlawful eviction is the difference between

the agreed rent and the fair rental value, and See Equity, Omw84; Fraudulent Conveyances, not the profits that would have resulted from 249.

making the lease.-Reeves v. Romines, 201 S.

W. 822.
LANDLORD AND TENANT.

Where lessee based his sole right to recover

for eviction on profits he would have realized See Eminent Domain, 155; Fixtures, from making a crop, and not the true measure 15; Judgment, 603; Use and Occupation. of damages, which is the difference between

the rent agreed on and the rental value, he canI. CREATION AND EXISTENCE OF

not recover nominal damages.-Id. THE RELATION. Oml (Mo.App.) Tenant is one who holds or VIII. RENT AND ADVANCES, possesses lands or tenements by any kind of

(A) Rights and Liabilities. title, either in fee, for life, for years, or at will; in popular sense he is one who has temporary tion for use and occupation of land is "rent.”

181 (Mo.App.) Fixed charge as compensause and occupation of lands belonging to another.-Young v. Home Telephone Co., 201 s. - Young v. Home Telephone Co., 201 S. W. W. 635.

635.

w 183 (Mo.App.) Payment of rent is incident II. LEASES AND AGREEMENTS IN to every tenancy, where relation of landlord GENERAL.

and tenant subsists, except as to mere ten(A) Requisites and Validity.

ancy at will or by sufferance, where relation enn 20 (Mo.App.) It is only in character and phone Co., 201 S. W. 635.

cannot be said to exist.-Young v. Home Tele status of landlord that owner of premises can contract with reference to compensation for

(C) Lien. their use and occupation by another:-Young w246(5) (Tenn.) A lease clause, retaining v. Home Telephone Co., 201 S. W. 635.

lien on future acquired property brought on (B) Construction and Operation,

premises, was good as between lessor and

lessee, regardless of whether property became 44(1) (Ark.) Lessee held obligated by a fixtug.-Hart v. Appalachian Washed Coal lease only to cultivate 10 acres first year, and Co., 201 S. W. 515. to have full term of lease within which to burn 248(1) (Tenn.) Rights of conditional selllogs, brush, etc., and otherwise to perform

er to whom was due balance for purchase price covenants.--Stanley v. White, 201 S. W. 804.

of machinery sold to a lesse?, but not perIII. LANDLORD'S TITLE AND RE

manently affixed. held superior to those of VERSION.

lessor under lease giving lien for rent on fu

ture acquired property hrought on premises. (B) Estoppel of Tenant.

- Hart v. Appalachian Washed Coal Co., 201 61 (Ky.) If defendant's remote ancestor S. W. 515. entered on the land as a tenant of the owner agreeing to purchase it from him later and

IX. RE-ENTRY AND RECOVERY OF such owner granted it to plaintiff's remote an

POSSESSION BY LANDLORD. cestor, defendant's remote ancestor and like-290(2) (Ky.) Ky. St. & 2327, embraces tenwise defendant were estopped to question lancy where tenant agrees to make improve

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

ments in place of paying cash rent, and a land

LEASE. lord is immediately entitled to a writ of forcible entry where tenant does not do as agreed. See Landlord and Tenant; Mines and MinerHickman v. Fordyce, 201 S. W. 307.

als, w78; Railroads, 131, 133. ww290(3) (Tenn.) Under Thompson's Shannon's Code, $ 5093, landlord may sue to dis

LEAVE OF COURT. possess assignee of tenant holding over, though See Pleading, am 237. such landlord had lost control of the reversion by demising the premises to another for term to commence at expiration of term of

LEGISLATIVE POWER. holding over tenant.-Fine v. Lawless, 201 S. See Constitutional Law, Em58, 62. W. 160. 291(4) (Ky.) Where one rents land in his

LEVEES. own name, he can prosecute forcible entry proceedings in his own name, either under Civ. See Constitutional Law, Ow70, 328. Code Prac. $ 21, or because the tenant cannot cm 131/2 (Mo.) After officers of levee company deny that he is the landlord.-Hickman v. For- refused to serve, and company became defunct, dyce, 201 S. W. 307. em 29/(10) (Ky.) Variance in description be- land and constructed new levees integral with

when plaintiff and adjacent owners furnished tween writ of forcible entry and judgment held old, they could not, when new levee distriet immaterial where, by further recitals in both, the place was called "Blue Grass Inn," a name of old levee, under Rev. St. 1909, § 5707.

was organized, have compensatiou as owners by which the premises were generally known.- Voss v. Des Moines & Mississippi Levee Dist. Hickman v. Fordyce, 201 S. W. 307.

No. 1, 201 S. W. 538. 308 (3) (Ark.) In action of unlawful de- Nor could they have_compensation as pertainer by successor of lessor against lessee, sons interested under Rev. St. 1909, § 5707. plaintiff's testimony held insufficient to take to-Id. jury question whether or not defendant had Rev. St. 1909, § 5707, created no liability cleared and put into cultivation 10 acres during against the defunct company on ground of acfirst year of lease; several witnesses for de- ceptance and use of benefits.-Id. fendant testifying he did so.-Stanley v. White, em 14 (Ark.) Where it was necessary to close 201 S. W. 804.

a levee gap outside Chicot county in order to

prevent overflow, such closure was a part of X. RENTING ON SHARES.

the levee system created by Acts 1915, p. 423, cm321 (Tex.Civ.App.) Rev. St. 1911, art. 5475, as to levees in Chicot county.-Alcorn v. Blissas amended in 1915 (Acts 31th Leg. c. 38 Cook Oak Co., 201 S. W. 797. [Vernon's Ann. Civ. St. Supp. 1918, art. 5475)); m 22 (Ark.) Acts 1915, p. 423, § 15, providlimiting share rental of agricultural lands, held ing for a maximum levee tax in C. county not inapplicable where landlord furnished house, to exceed 10 cents per acre, is not invalid garden, pasturage, etc., besides furnishing as disproportionate taxation, though various everything needed to raise the crop.-Green y.

acreages vary in value.-Alcorn v. Bliss-Cook Prince, 201 S. W. 200.

Oak Co., 201 S. W. 797.

ww25 (Ark.) The Legislature may act directLANDS.

ly in determining the amount of benefits to the

land in a levee district, or it may empower a See Public Lands.

board to act for it.-Alcorn v. Bliss-Cook Oak

Co., 201 S. W. 797.
LARCENY.

The determination of the Legislature, or of

the board of levee inspectors, fixing taxes and See Receiving Stolen Goods.

benefits in a levee district, will not be reviewed,

in the absence of an arbitrary abuse of discreII. PROSECUTION AND PUNISH- tion, nor for mere mistakes of judgment.-Id.

MENT.
(A) Indictment and Information,

LEVY.
Cm 37 (Tex.Cr.App.). Indictment under Pen. See Execution, w145; Levees, em 25.
Code 1911, art. 1351, for theft from person,
must allege that property was taken from
person of another, and it is not sufficient to al-

LEWDNESS. lege that it was taken from the posses- See Prostitution. sion of the person" of another.-White v. State, 201 S. W. 186.

-9 (Tex.Cr.App.) On trial under indictment

for living together and having carnal inter(C) Trial and Review.

course, where state's witnesses had testified w68(1) (Mo.) In prosecution for larceny of to seeing accused with the woman in very cow, question of guilt held for jury.-State v. secreted place near certain mail box, evidence Nave, 201 S. W. 88.

that the woman frequently went to mail box In prosecution for larceny, of cow, question and remained there from 20 minutes to 2 hours of the identity of cow which plaintiff drove away was admissible.-Green v. State, 201 S. W. 182. with one charged to have been stolen held for jury.-Id.

LIBEL AND SLANDER. LAST CLEAR CHANCE DOCTRINE. V. SLANDER OF PROPERTY OR

TITLE. See Street Railroads, Owo 103.

am 136 (Mo.App.) Const. art. 2, § 14, guar

anteeing privilege of saying, writing, and pubLAW OF THE CASE.

lishing whatever citizen desires, subject to See Appeal and Error, Omw 853, 1097, 1195. liability for any abuse, and providing that in

all suits and prosecutions truth may be given LAW OF THE ROAD.

in evidence, applies to actions for slander of

title.--Nat. L. McGuire Oil & Supply Co. v. See Highways, Omw184.

Marvin, 201 S. W. 628.

If statements alleged to have been slanderLEADING QUESTIONS.

ous of plaintiff's title were true, defendant was

permitted to publish them where, when, and as See Witnesses, Om240.

often as he desired.-Id.

en 139 (Mo.App.) Petition held grounded on | Producing Co. V. Davidson County, 201 S. slander of title, and not on unfair competition | W. 737. and interference with plaintiff's business.- Nat. Om 16(11) (Mo.) One dealing in bottles, chief. L. McGuire Oil & Supply Co. v. Marvin, 201 S. ly new, but handling large quantities of used W. 628.

bottles, is a "junk merchant" within St. Louis The remedy for slander of title is by action City Ordinance No. 24751.- City of St. Louis at law, and not by suit for injunction.-Id. v. Baskowitz, 201 S. W. 870.

are

V.

LICENSES.

LIENS. See Constitutional Law, w 48, 287; Food; See Chattel Mortgages, Om138; Execution, com

Mines and Minerals, 6; Physicians and 108-146; Justices of the Peace, C135; Surgeons; Statutes, m119.

Landlord and Tenant, Om 246, 248; Mechan

ics' Liens; Mortgages, cm149; Municipal I. FOR OCCUPATIONS AND PRIVI

Corporations, em975; Pledges; States, LEGES.

131. al (Tenn.) Revenue Act 1915, $$ 8 and 10, 15 (Tenn.) Secret liens are not favorites taxing transfers of realty and corporations of the law.-Hammock v. Qualls, 201 S. W. 517. acquiring property of another corporation, impose privilege taxes.--State v. Louisville & N. R. Co., 201 S. W. 738.

LIFE ESTATES. Com 6(13) (Mo.) Under Charter of St. Louis, art. 3, § 26, cl. 5, giving power to license, regu- See Dower; Wills, Ow614. late, or tax certain named occupations "and all other business trades, avocations or professions Cu24 (Tenn.) Where life tenant mortgaged whatever." applies to one dealing in used bot- land assigned to him under a void partition detles, whether his occupation be specifically nam

cree, the mortgage was valid as against his ined or not.-City of St. Louis v. Baskowitz, 201 terest, although void as against remaindermen. S. W. 870.

--Chickamauga Trust Co. v. Lonas, 201 S. W. Cm7(1) (Mo.) The business of junk and sec.

777. ondhand dealers being of such character as to C27(2) (Ky.) In action by life tenant under warrant police regulation. St. Louis City Ordi- Civ. Code Prac. $ 491, to sell land and reinvest, nance No. 24751, § 1605, providing for such remaindermen are necessary parties. but conregulation, is a valid exercise of such police tingent remaindermen not.-Walden power, as conferred by Charter, article 3, § 26. Smith, 201 S. W. 302. -City of St. Louis V. Baskowitz, 201 S. W.

Under Civ. Code Prac. $ 491, circuit court of 870.

county in which land held by life tenant is loThe conduct of the business of a junk mer- cated bas jurisdiction to decree sale of land and chant is not an inalienable right, and may be reinvestment in land in another county.-Id. forbidden, and a junk merchant cannot com

Where life tenant, with her children as replain that an ordinance, requiring him to keep maindermen, were living at distance from land a registry, etc., is oppressive, particularly not containing farm buildings, and could not when made burdensome by the size of his busi. conveniently farm it, court properly ordered sale ness.--111.

of the land and reinvestment near their place C7(1) (Ter.Civ.App.) Acts 35th Leg. c. 190,

of abode.-Id. and chapter 207, as amended by First Called Sess, 35th Leg. c. 31, creating state highway

LIMITATION OF ACTIONS. department and providing for licensing of motor vehicles, held not a revenue measure. --Atkins See Adverse Possession; Municipal Corporav. State Highway Department, 201 S. W. 226.

tions, Om564. That amounts realized from license fees provided for by Acts 35th Leg. c. 190, and chapter 207, as amended by Kirst Called Sess. 35th

I. STATUTES OF LIMITATION. Leg. c. 31. greatly exceed expense of administer. (B) Limitations Applicable to Particular ing law, held not to show that Legislature pro.

Actions. vided for tax.--Id.

Cum 21(5) (Ark.) Negligent lending of money by Cm7(2) (Tex.Civ.App.) License fees for opera- bank officers to a local factory created no liation of motor may be fixed according to horse bility enforceable at the suit of a stockholder power, though Const. art. 8, 8$ 1, 2, requires who knew of the loans, but did not bring suit uniformity of taxation and forbids assessment for more than three years, in view of Kirby's of property for taxes elsewhere than in county Dig. $ 3064, requiring actions on any unwritten where it is situated.-Atkins v. State Highway contract to be brought within three years.-Department, 201 S. W. 220.

Magale v. Fomby, 201 S. W. 278. Cm7(3) (Mo.) The provisions of St. Louis 32(3) (Mo.App.) An action for damages for City Ordinance No. 24701. § 1605, relating to li- overflow caused by the construction of city censing of junk dealers, is not in conflict with and railroad improvements is barred under the Const. art. 10, $ 3, providing taxes shall be five-year statute.-Frederick y. City of Joplin, uniform upon the same class of subjects, be- 201 S. W. 1147. cause it divides an occupation into different com 34(7) (Ky.) Action to recover inheritance classes, if uniform as to each class.-City of tax is barred in five years under Ky. St. § 2515, St. Louis v. Baskowitz, 201 S. W. 870.

providing such limitation period for statutory Cm7(8) (Mo.) Where one has paid a liabilities where no other time is fixed, and chant's tax, both state and city, the exaction section 2523, making such limitation period of a junk merchant's occupation tax also is not applicable to actions by commonwealth.violative of the provisions against double tax- Ritcher v. Commonwealth, 201 S. W. 456. ation.-City of St. Louis v. Baskowitz, 201 S. 35(1) (Mo.) Kansas Reciprocal Demurrage W. STO

Act (Gen. St. Kan. 1909, 88 7201--7203), subcw 16(9) (Tenn.) Revenue Law, imposing tax jecting railroad to exemplary damages to shipon persons having oil tanks, etc., for purpose per for delay in furnishing cars, held penal of selling, delivering, or distributing oil, is in- statute within section 5610, Gen. St. Kan. 1909, applicable to petroleum manufacturer and re- providing that action for penalty must be finer maintaining storage tanks merely as part brought within one year.-Frizell Grain & Supof its manufacturing establishment and making ply Co. v. Atchison, T. & S. F. Ry. Co., 201 only manufacturer's profit.--General Refining & S. W. 78.

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

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