158(2) (Tex. Civ.App.) Resolution of school board excluding unvaccinated children from schools held not unreasonable where there was smallpox within the district and danger that it would spread and be communicated from one person to another.-Staffel V. San Antonio School Board of Education, 201, S. W. 413. SCINTILLA. See Trial, 139. SEARCHES AND SEIZURES. 7 (Mo.) The provisions of St. Louis City Ordinance No. 24751, § 1605, that junk merchants shall keep a book of registration, etc., open for inspection and examination by police .or "any citizen" means a citizen, whose property has been stolen, and is not in violation of Const. art. 2, § 11, providing against unreasonable searches and seizures.-City of St. Louis v. Baskowitz, 201 S. W. 870. SECONDARY EVIDENCE. See Evidence, 157-179. SECRET LIENS. versible error.-Reeves v. Avina, 201 S. W. 729. Where sale of automobile was negotiated by agent, buyer paid in counterfeit currency, and seller paid agent $100 therein, which agent exchanged for United States currency, in seller's action against buyer for title and possession, in alternative for price, buyer can predicate no rights on amount of United States currency received by agent.-Id. 21 (Tex.Civ.App.) In a suit for damages for the wrongful sequestration of personal property shown to have a particular use to the owner, his peculiar damage from its seizure and detention was recoverable.-Keppler v. Kelly, 201 S. W. 447. On evidence in a suit for damages for wrongful sequestration of personal property, judgment for plaintiff for $419.70, in view of the restoration of the property to plaintiff, held grossly excessive.-Id. SERVANTS. See Master and Servant. SERVICE. See Process, 134, 147. SERVITUDE. See Easements. SET-OFF AND COUNTERCLAIM. See Judgment, 253; Pleading, 146. II. SUBJECT-MATTER. 35(1) (Tex. Civ.App.) Under Rev. St. arts. 1325, 1329, in suit on notes evidencing balance due on price of land, vendee could not plead in offset unliquidated damages for misrepresentations of agent who sold land.-Binder v. Millikin, 201 S. W. 239. 35(1) (Tex.Civ.App.) In suit on note, where defendant counterclaimed for plaintiff's breach of agreement to pay reasonable value of time in performance of services and expenses, value of the time and amount of expenses being alleged, items so claimed were not unliquidated.-McKinney v. Southwestern Liquor Co., 201 S. W. 1162. SETTLEMENT. See Accord and Satisfaction; Payment; Release. reciting that affiant, who was described as See Drains. plaintiff in specified suit, was sworn and stated he was owner of property "sued for as afore SEWERS. SEX. said," held sufficient, since quoted words, by See Names, 12. to state that he fears defendant or person in W. 702. Under statute requiring sequestration affiant See Ferries. possession of property will remove it from fendant would do so held sufficient, although property was then in another's possession.-Id. Where clerk of court files sequestration bond SHIPPING. SITUS. SMOKE STACK. county, etc., an affidavit stating he feared de- See Taxation, 98. and issues process thereon, his approval, See Insurance, 162. SOFT DRINKS. See Commerce, 64. SPECIAL VENIRE. 16 (Tex.Civ.App.) In suit to recover automobile, in alternative for purchase price, with foreclosure of lien, plaintiff suing out writ of See Jury, 82. sequestration and car being later replevied by defendant, failure of verdict and judgment for plaintiff against defendant and sureties on re SPECIFICATION OF ERRORS. plevin bond to find value of automobile was re- See Appeal and Error, 725-733. II. CONTRACTS ENFORCEABLE. 102 (Ark.) An action for possession of personal property, where only question was whether defendant was agent in purchasing the property, was not one for specific performance of a contract for the sale and purchase of chattels. -Euart v. Alling, 201 S. W. 803. IV. PROCEEDINGS AND RELIEF. 121(4) (Mo.) To warrant specific performance of an oral contract to convey real estate, the proof must leave no reasonable doubt that the contract was made.-McCune v. Graves, 201 S. W. 894. STATEMENT. See Appeal and Error, 907. STATES. See Public Lands, 170. I. POLITICAL STATUS AND RELA TIONS. 6 (Tenn.) Under Const. U. S. art. 1, § 10, el. 3, the formal assent of Congress to a state's agreement or compact with another state need not be formally given, but may be implied.Russell v. American Ass'n, 201 S. W. 151. IV. FISCAL MANAGEMENT, PUBLIC DEBT, AND SECURITIES. 131 (Tex. Civ.App.) In view of past construction, held that provision of Acts 35th Leg. c. 190, § 23, that funds derived by state highway commission from license fees for motor vehicles, etc., should be deposited in treasury in special fund was valid appropriation under Const. art. 8, § 6.-Atkins v. State Highway Department, 201 S. W. 226. STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. See Limitation of Actions. STATUTES. For statutes relating to particular subjects, see the various specific topics. I. ENACTMENT, REQUISITES, AND VALIDITY IN GENERAL. license fees for commercial vehicles, held, in view of section 27, not to invalidate; those provisions imposing licenses on noncommercial vehicles. Atkins v. State Highway Department 201 S. W. 226. Invalidity of provision of Acts 35th Leg. c. 190, § 16, authorizing state highway department to formulate rules of determination of weights governing license fees for commercial vehicles, does not affect fees prescribed by act.-Id. As license fees on motor vehicles provided by Acts 35th Leg. c. 190, would, if not validly appropriated, be covered into state treasury and await appropriation by some future Legislature, provisions for collection of fees cannot be attacked on ground that there was no valid appropriation.-Id. II. GENERAL AND SPECIAL OR LOCAL LAWS. 94(1) (Tex.) Under Const. art. 3, § 56, article 8, § 9, as amended, and Vernon's Sayles' Ann. Civ. St. 1914, arts. 3870, 6901, held, that Bexar County Road Law (Loc. & Sp. Acts 33d Leg. c. 77, § 5) providing for annual salary for commissioners of county for acting in all ca pacities, is unconstitutional as an attempted regulation of county affairs by local and special act.-Altgelt v. Gutzeit, 201 S. W. 400. III. SUBJECTS AND TITLES OF ACTS. 119(3) (Tex. Civ.App.) Title of Acts 35th Leg. c. 190, declaring that fees and charges should constitute part of fund for support of state highway commission, held sufficient under Const. art. 3, § 35, to support appropriation of license fees for use of highway department.-Atkins v. State Highway Department, 201 S. W. 226. 1 (Tex.Civ.App.) Penal statutes authoriz-195 (Mo.) The maxim "Expressio unius est ing recovery of penalty imposed at suit of private individual have no extraterritorial effect, and cannot be made the basis of a suit in another state.-Clay v. Atchison, T. & S. F. Ry. Co., 201 S. W. 1072. 39 (Ark.) The mere fact that the House journals disclosed that a bill had been read as required by law, and the title in each case in the record was correct, but the number of the bill was erroneously set down on its third reading, did not invalidate the enactment; such erFor being a clerical misprision.-Marshall v. Baugh, 201 S. W. 808. exclusio alterius," has no application to a statute which shows a contrary intention upon its face.-City of St. Louis v. Baskowitz, 201 S. W. 870. 205 (Tex. Civ.App.) Intent of statute must be determined from construction of all of its provisions.-Atkins v. State Highway Department, 201 S. W. 226. 207 (Ky.) Two sections of a statute should be read together and construed so that they will harmonize.-Louisville Ry. Co. v. Dugan, 201 S. W. 324. 218 (Mo.) Actual construction given statinute for long time by those charged with its administration, acquiesced in by courts and Legislature, is strong evidence of its true meaning. -State ex rel. Chick v. Davis, 201 S. W. 529. 64(8) (Tex.Civ.App.) Any invalidity Acts 35th Leg. c. 190, § 16, delegating to state highway department authority to formulate rules for determination of weights governing 225 (Tenn.) Statutes in pari materia will be construed together, and whole statute considered in determining its true meaning.-Stately v. Louisville & N. R. Co., 201 S. W. 738. (B) Particular Classes of Statutes. 236 (Mo.App.) Rev. St. 1909, § 2535, providing that in suits to determine title court may hear and finally determine all rights of parties, is remedial and beneficial and should be liberalconstrued.-Talbert v. Grist, 201 S. W. 906. VII. PLEADING AND EVIDENCE. 281 (Tex. Civ.App.) It is necessary to plead law of other state.-Kinney v. Tri-State Telephone Co., 201 S. W. 1180. 1915, p. 432, § 16. 949 1917, p. 41. 294 1917, p. 46, § 7. 1917, pp. 50, 52, §§ 15, 19 823 1917, p. 229 595 1908, April 22, ch. 149, 35 Stat. 65.. ..131, 596 1917, p. 814.. STATUTES AT LARGE. 1887, Feb. 4. ch. 104, § 20, 24 Stat. 386. Amended by Act 1906, June 29, ch. 3591, § 7(11), (12), 34 Stat. 595.... .131. 596 1898, July 1, ch. 541, § 67e, 30 Stat. 564.. 1903, Feb. 19, ch. 708, 32 Stat. 847.. 1906, June 29, ch. 3591, § 7(11). (12), 34 Stat. LAWS. 1851, p. 102. 1907, p. 336, § 1. 1909, p. 830, § 1. 1909, p. 956. 1913, p. 527, § 1. 1915, p. 347, § 10. 1915, p. 423.. 1915, p. 427, § 4. 1915, p. 431, § 15. 1915, p. 432. 334 2 .312, 456 456 497 472 116 § 3720b, subsecs. 27, 28, 51 310 $3720b, subsec. 52. $ 3720b, subsec. 58. 479 .... 310 108 $3720b, subsec. 59...310, 479 111 $8 3878, 3880, 3882. 116 $$ 4281a-4281t.. 20 .11134244.. 324 456 512 $4828. 482 1917, pp. 814, 831, §§ 1, 12 808 Art. 10, § 3. .870, 1122 Art. 10, § 4. .1122 128, 270, 927, 1049, 1076 1910, June 18, ch. 309, 36 Stat. 539.. Art. 11. 531 KENTUCKY. Art. 11, §§ 1, 6.... 531 273 CONSTITUTION. 1911, March 3, ch. 231, § 28, 36 Stat. 1094. $110.. § 241.. 20 REVISED STATUTES. § 5...... CIVIL CODE OF PRACTICE. (COURTS OF AP PEALS). REVISED STATUTES 1835. .903, 912 307 $96. 310 § 1010.. 787 $ 125. 334 REVISED STATUTES 1909. $1214. 903 $342. $$ 8597-8599. 294 $ 343. 318210. 387 $$ 8657-8665... $$ 8604a, 8604aa..... .131, 596 § 463. 128, 270, 927, 1049, 1076 $518. $491 302474.. .1150 § 9651.. 949 $ 522. 982 1917, p. 102.. .1150 $739. 465 476. ..1150 4491729. 897 § 1751. 361 CRIMINAL CODE OF PRAC $ 1754. 940 TICE. $$ 1763, 1785.. 618 811 § 13, subsecs. 5, 6.... 473 $ 1812.. 375 ..1114 § 207. 500 $1834.. 631 KIRBY'S DIGEST. §§ 271, 274. 318 $8 1846-1865. 361 $ 362. 473 § 1848. 919 125 § 1884. 524 315 $1987. §§ 544, 564. 1909, p. 956.. 116 $656.. $ 1889. 336 $ 2022. 3262100. .1138 640 368 906 For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER 43 § 2119. 312 $ 2546-2555. 976 § 2783. 42 $2784. 339 § 2787. 473 $2793. 307 § 2878. 972 324 §§ 2401-2405, 2535, 2536.. 906 361 651 943 103 906 949 72 681 2891... 58 1859-60, ch. 89. Art. 6423. 256 145 3079. 927 §§ 4205, 4214, 4218-4220, 1899, ch. 94, § 16. 756 Art. 6625. 718 1905, ch. 376.. 751 Art. 7312 et seq.. 991 4226, 4230, 4231. 529 $ 4481. 62 1905, ch. 376, § 2. 751 Art. 7507, subds. 1, 6.... 669 1911, ch. 32. 150 $4504. 58 $4585. 100 1911, ch. 58. VERNON'S SAYLES' ANNO- 520, 741, 743, 771 §§ 4631, 4673, 4875. 58 1911, ch. 58, § 10. UTES 1914. 771 $$ 4903, 4994. 62 Art. 740. 433 1915, ch. 101.. 737 $$ 4920, 5314, 5316.. 80 Art. 1612. 233 § 5440.. 375 1915, ch. 101, §§ 8, 10.... 738 Art. 1678. 986 1917, ch. 70. 773 $$ 5448, 5449. 635 Arts. 1832, 1833. 671 $ 5707 538 Art. 1852. .1102 $6383. 58 TEXAS. Art. 1869. 438 § 6950. 919 Art. 1906, subd. 8. .1065 $ 7020. CONSTITUTION. 958 Art. 1970. 194 § 7042. § 7099. .851, 852, 940 .1122 7196. § 7420. $$ 7574, 7580. § 7886.. $$ 8304, 8307-8309. $ 9481.. § 9516. $$ 10022, 10026. § 10029. Art. 1, § 11. Art. 1, § 19. 599 Art. 3, § 35. 595 Art. 3, § 56. 564 Art. 5, § 16. 635 Art. 5, § 28. 72 Art. 7, §§ 1-5. 359 Art. 8, § 1. 383 Art. 8, § 6. 603 Art. 8. § 9. 996 Art. 1971. 194, 247, 687 413 Art. 1973. 194 226 Arts. 1984a, 1985. 247 400 Art. 2098. .1101 .1093 Arts. 2099, 2101, 2106....1051 986 Arts. 2157-2163.. 265 413 Arts. 2395-2397, 2400. 664 226 Art. 2874. 659 .226, 669 Art. 3690. .712, 1083 226 Art. 3700. 1027 400 Art. 3710. 1065 986 Art. 3870. 400 §§ 10178, 10181 955 Art. 16, § 23. 991 Arts. 4096, 4391. 433 § 10282. 558 Art. 16, § 37 681 Arts. 5246h-5246zzzz. 705 $$ 10290-10294. 547 Art. 5246k.. 686 §§ 10433-10665. 890 § 10611. 52 CODE OF CRIMINAL PROCEDURE 1911. Arts. 5407, 5410, 5423a 5423f .1156 $10612 added by Laws Art. 148... .1053 Art. 5694. 725 1913. p. 678.. 52 Art. 321. 994 Arts. 5904b, 5904c.. 171 § 11031. 531 Arts. 416, 425-428, 570... 184 Art. 634. Art. 6901. 400 .1009, 1014 Arts. 7314-7314e... 991 CITY CHARTERS. Art. 661.. 172 Kansas City, arts. 6. 7... Art. 845.. 996 541 Art. 903.. 411 St. Louis, art. 3, § 26... 870 St. Louis, art. 3, § 26, sub Art. 904.. 176 VERNON'S ANNOTATED CIVIL STATUTES SUP PLEMENT 1918. sec. 5. Art. 1974.. ..1103 1911. St. Louis, art. 6, § 25.. 933 Arts. 2749a-2749c, 27491.. 659 Arts. 74, 75.. .1014 Arts. 2779a-2779h. 413 LAWS. Art. 635.. 177 Art. 2849b.. 659 Art. 694.. 1903, p. 200.. 1150 .1053 Arts. 5420a, 5420c. 401 Art. 750.. 1913, p. 567, §§ 21, 57, 62 74 Art. 754. 1913, p. 678. 52 183 Art. 5475. .183, 1053 Art. 7730%. 200 .1072 Art. 755.. 1913, pp. 721-724. 1053 910 Arts. 815, 816. 1917, p. 102.. 271 .1150 CITY CHARTERS. Art. 1147. 1917, p. 246. 58 986, 1009 Art. 1351.. 1917, p. 246, §§ 1, 2. 186 El Paso, §§ 54, 71....... 714 80 TENNESSEE. VERNON'S ANNOTATED CODE OF CRIMINAL PROCEDURE 1916. CONSTITUTION. Art. 788.. 409 LAWS. Art. 790.. Art. 2. § 29. 748 173 1887, ch. 24.. 256 Art. 811.. Art. 6, § 1. 139 409 1899, ch. 74. 994 Art. 865b. 188, 409 1905, ch. 103, § 6. 401 CODE 1858. Art. 865c.. 188 1907 (1st Called Sess.) ch. $ 51. 738 Art. 865e.. 409 20, $ 6. 401 SHANNON'S CODE. VERNON'S ANNOTATED 1909 (4th Called Sess.) ch. 718 PENAL CODE $$ 3749-3752. 1911, ch. 26. 762 1916. Amended by §§ 4203, 4207. 779 Arts. 498, 506a. Laws 1915, ch. 36, §§ 2 990 5. 15... 659 Art. 606e... 177 1913, ch. 136. 233 THOMPSON'S SHANNON'S CODE. REVISED STATUTES 1913, ch. 160. 1156 1911. §§ 221, 493. § 1574, subsec. 3. 1913, ch. 169. 991 139 Arts. 1325, 1329... 239 1913, ch. 169, § 3. 991 134 Art. 1612.. 2549. § 3142, subsec. 5. 445 1913, ch. 173, §§ 3, 4. 171 145 Art. 1612. Amended by 1913, ch. 179. 705 145 Laws 1913, ch. 136.. 233 1915, ch. 36, §§ 2-5, 15. 659 3516a48. §§ 4515, 4516, 4539-4546 145 § 4902a1.. 135 Arts. 1830, 1902, 1909, 1915, ch. 38. 200 1910 256 1915, ch. 49. 413 150 Art. 1971. 445 § 4922. 5093. 1915, ch. 150, §§ 1, 3. 401 777 Art. 1994. 431 1917, ch. 156.. .1072 160 Art. 2061. 445 1917, ch. 177. .1103 145 Art. 2115. 211 1917, ch. 190.. 226 743 Arts. 2899-2901 139 Art. 4653. §§ 6063, 6072, 6321a, 6329 741 PRIVATE LAWS. 1917, chs. 295, 479....... 748 256 1917, ch. 207. Art. 4663. Art. 5420. 413 413 1917, ch. 190, §§ 16, 23, 27 226 by Laws 1917 (1st Call Amended 401 Art. 5475. Amended by Laws 1915, ch. 38... 200 ed Sess.) ch. 31.. 1917 (1st Called Sess.) ch. 31 226 226 I. ESTABLISHMENT, CONSTRUCTION, Subrogation of motorman that he did not see deceased, together with circumstances, held to make certain that deceased was lying in excavation when car passed, in such position that he could not have been seen by motorman.-Smith v. Metropolitan St. Ry. Co., 201 S. W. 569. Where motorman, plaintiff's witness, testified that he was on lookout and did not see intestate, it must be accepted as a fact, in absence of contrary evidence, that intestate could not have been seen in time to have stopped car. -Id. al injuries, evidence held sufficient to sustain a 114(9) (Tex.Civ.App.) In action for personfinding that a street car actually struck a wagon loaded with hay and caused it to turn over.Corpus Christi Street & Interurban Ry. Co. v. Kjellberg, 201 S. W. 1032. STREETS. See Municipal Corporations, 705. SUBROGATION. See Master and Servant, 389. (Mo.App.) Subrogation is usually granted, where a person at the request of the debtor pays off the mortgage debt; where one interested in the property pays off a mortgage to proin the relation of a surety to the debt and pays tect his own interest; where a person stands it off; and in other cases where a denial of the right would be contrary to equity and good conscience.-State Sav. Trust Co. v. Spencer, 201 S. W. 967. 52 (Mo.) Public Service Commission Act, § 21, relating to fees for approving corporate bond issues of carriers and prohibiting fees for refunding bond issues, does not authorize issu- (Tex.Civ.App.) Subrogation is of two ance of bonds, and cannot enlarge section 57, kinds, one by operation of law, other by constating the purposes for which bonds may be tract.-International & G. N. Ry. Co. v. Conissued, nor section 62, making reorganization crete Inv. Co., 201 S. W. 718. of railroad corporations subject to control of 17 (Ark.) Where joint owners sold subject the commission.-Kansas City Rys. Co. v. Public Service Commission of Missouri, 201 S. W. 74. to mortgage to one who gave a second mort- Under Public Service Commission Act, § 57. authorizing the issuance by common carriers of bonds for discharge or lawful refunding, "of its obligations," and section 21, providing that as to such bonds the commission shall charge no approval fees, bonds issued by a new company to purchase at foreclosure the properties of several old companies were not "refunding bonds,"23 (2) (Mo.App.) That status of other lienand costs therefor were taxable.-Id. II. REGULATION AND OPERATION. 103(1) (Tex.Civ.App.) No recovery can be had under the last clear chance doctrine in the absence of proof that defendant's motorman discovered deceased's peril in time, by the exercise of due care and the use of the means at hand, to have prevented injury.-Southern Traction Co. v. Rogers, 201 S. W. 199. son In action against railroad for death of a peron the track, under the discovered peril doctrine, negligence in failing to discover deceased's perilous situation is immaterial.-Id. 103(2) (Mo.) Where, after pedestrian had run into slowly moving car, and had been knocked down, he grabbed fender, and was dragged from 8 to 38 feet in plain view of motorman who, with ordinary care, could have stopped or slackened speed in time to avert injury, but failed to do so, humanitarian doctrine applied.-Hill v. Harvey, 201 S. W. 535. 103(2) (Mo.App.) Where reliance is placed wholly on humanitarian rule, it must be shown that defendant's motorman saw deceased on track, or could, if on lookout, have seen him, in time to have avoided injury.-Smith v. Metropolitan St. Ry. Co., 201 S. W. 569. 114(7) (Mo.App.) In action for death of plaintiff's intestate, killed, while in state of intoxication, by defendant's street car, testimony ors will not be affected does not entitle one who has paid a first lien at debtor's request to be subrogated to the rights of the first lienor, ing the claim to subrogation.-State Sav. Trust though such fact may be considered in determinCo. v. Spencer, 201 S. W. 997. lienors had consented that their liens should Where bank on false representations that two be subject to a new trust deed which should be a first lien loaned money to pay the amounts the first trust lienor as against the holder of due, it was entitled to subrogation to rights of the third mortgage whose rights were not prejudiced by the transaction.-Id. quest of the debtors, was not a volunteer, so Plaintiff, who paid lien obligations at the reas to cut off the right to subrogation.-Id. Where a bank paid off a first trust deed unthird trust deed had agreed that his lien should der false representations that the holder of a be subject to the new trust deed to the bank, if the transaction with the bank was usurious, it would not defeat subrogation.-Id. representations of grantor in trust deed, that |