페이지 이미지
PDF
ePub

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.

[blocks in formation]

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.
referring to recital, make recital substantially
sworn matter.-Richardson v. Cantrell, 201 S.

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.
though not indorsed on bond, will be presumed,
in absence of showing that he did not approve
bond and that the writ was improvidently is-
sued.-Id.

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.

[blocks in formation]

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.

[blocks in formation]

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..

[blocks in formation]

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

[blocks in formation]

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..
787 $$ 157-159.

[blocks in formation]

§ 241..

20

REVISED STATUTES.

§ 5......

[blocks in formation]

CIVIL CODE OF PRACTICE.

(COURTS OF AP

PEALS).

REVISED STATUTES 1835.

.903, 912

[blocks in formation]

307

[blocks in formation]

$96.

310

§ 1010..

787 $ 125.

334

REVISED STATUTES 1909.

$1214.

903 $342.

[blocks in formation]

$$ 8597-8599.

294 $ 343.

318210.

387

$$ 8657-8665...

$$ 8604a, 8604aa..... .131, 596 § 463.

128, 270, 927, 1049, 1076 $518.

[blocks in formation]

$491

302474..

.1150

[blocks in formation]

§ 9651..

949 $ 522.

982 1917, p. 102..

.1150

$739.

465 476.

..1150

[blocks in formation]

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

[blocks in formation]

315 $1987.

§§ 544, 564.

1909, p. 956..

116 $656..

$ 1889.

336 $ 2022.

3262100.

.1138

[blocks in formation]

640

368

906

[blocks in formation]

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

[blocks in formation]

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-
TATED CIVIL STAT-

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.
558 Art. 8, § 2.

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

[blocks in formation]

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.

[blocks in formation]

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.

[blocks in formation]

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.

[blocks in formation]

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

[blocks in formation]

I. ESTABLISHMENT, CONSTRUCTION,
AND MAINTENANCE.

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-
gage, and the first mortgagee foreclosed and
ficient to pay both mortgages, but insufficient
the second mortgagee purchased for a sum suf-
to pay costs of the first foreclosure, the sec-
ond mortgagee held not entitled to be subro-
gated to rights of the first mortgagee against
1105.
the joint owners.-Fry v. White, 201 S. W.

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
23(2) (Mo.App.) Where a bank, on false
two lienors had consented that their liens should
be subject to a new trust deed, which should
be a first lien, loaned money to pay amounts
due, it was entitled to subrogation to rights of
the first trust lienor, as against holder of third
mortgage.-Holland Banking Co.
201 S. W. 971.
v. Spencer,

« 이전계속 »