V. RIGHTS AND REMEDIES OF
CREDITORS.
186 (Mo.App.) Saloon keeper's chattel mortgage of his stock and fixtures to secure a note held fraudulent as to creditors, where the mortgagee did not demand a list of the mortgagor's creditors, notify them, etc., as required by the Bulk Sales Law.-Semmes v. Ruediger, 187 S. W. 604.
110 (Tex. Civ.App.) A chattel mortgage, with a printed clause covering future indebtedness up to $150, held not to cover an indebtedness of $155 for a stump puller, where the parties intended the clause to cover future indebtedness for store supplies.-Jenkins v. Morgan, 187202 (Mo.App.) On holding chattel mortgage S. W. 1091.
(C) Property Mortgaged, and Estates and Interests of Parties Therein.
117 (Tex.Civ.App.) A mortgage of the crops to be grown and the rent note on a place for a year held to cover all interest of the mortgagor in the rents.-Spiller v. W. J. Mann & Co., 187 S. W. 1014.
(D) Lien and Priority.
138(1) (Tex. Civ.App.) Under Vernon's Sayles' Ann. Civ. St. 1914, art. 5644, in force when oil well's chattel mortgage on machinery, etc., was given, lien of laborers engaged in drilling well, if given by the statute, was prior to that of the chattel mortgage, article 5671 not applying. Barton v. Wichita River Oil Co., 187 S. W. 1043.
144 (Ark.) In absence of countervailing equities, rule as to priority between two mortgages on same property, given to different mortgagees, is that one first filed for record is a superior lien to the other, whether executed before or after.-Murray Co. v. Satterfield, 187 S. W. 927.
Where parties borrowed to purchase machinery, giving mortgage to secure lender, and manufacturer took back mortgages to secure price, lender filing his mortgage nine days after execution, whereas manufacturer waited from one to two months before recording its mortgages, mortgage of lender had priority.-Id.
150(1) (Ark.) By Kirby's Dig. § 5396, all mortgages, whether on realty or personalty, are a lien on the property as against third parties from the time filed for record.-Murray Co. v. Satterfield, 187 S. W. 927.
of saloon stock and fixtures fraudulent as to creditors for failure to comply with the Bulk Sales Law, the decree should constitute the mortgagee a receiver under section 2 thereof.Semmes v. Ruediger, 187 S. W. 604. VIII. PAYMENT OR PERFORMANCE OF CONDITION, RELEASE, AND
240 (Tex.Civ.App.) Where a creditor held chattel mortgages on a debtor's cotton and stump puller, a credit obtained by delivering some of the mortgaged cotton to the mortgagee should be applied on the cotton mortgage.Jenkins v. Morgan, 187 S. W. 1091.
244 (Ark.) It was a sufficient consideration for release of a team and wagon from the lien of a trust deed also covering other property, for the mortgagor to borrow money on the team and pay it to the trustee, although the entire debt was due and the payment equaled only one-half of it.-Horton v. Thompson, 187 S. W. 627.
IX. FORECLOSURE.
277 (Tex.Civ.App.) Where the petition sufficiently alleged the facts to entitle plaintiff to recover on note and mortgage, he was not required to anticipate defenses, but the burden was upon the defendant to plead and prove them.-Blount, Price & Co. v. Payne, 187 S. W. 990.
In an action to reform and foreclose a chattel mortgage, it is not necessary for the petition to allege that it was registered; for as between the parties it was a valid and binding obligation without registration.--Id.
152 (Ark.) Under Kirby's Dig. § 5396, as to recording chattel mortgages, an instrument creates no lien and is not effective against third See Bills and Notes, 527. persons until duly acknowledged and recorded. -Merchants' & Farmers' Bank v. Citizens' Bank, 187 S. W. 650.
155 (Ark.) The mere fact that the mortgagor of bank stock informed the bank, which under Kirby's Dig. § 853, had a lien thereon for his debts to it, of the giving of a mortgage thereon to plaintiff, and the bank did not object, would not estop it to assert its lien for money thereafter loaned the mortgagor, if the mortgage was never recorded.-Merchants' & Farmers' Bank v. Citizens' Bank, 187 S. W. 650.
See Divorce, 300-312; Electricity, 14; Guardian and Ward: Infants: Master and Servant, 95: Negligence. 85; Parent and Child; Railroads, 282.
CIRCUMSTANTIAL EVIDENCE.
See Criminal Law, 814; Husband and Wife, 333; Intoxicating Liquors, 236; Railroads, 482.
157(2) (Tex.Civ.App.) The assignee of claims of laborers engaged in drilling an oil well, who after foreclosure asserted a lien under Vernon's Sayles' Ann. Civ. St. 1914, art. 5644, superior to that of an existing chattel mortgage, had the See Municipal Corporations. burden of showing that such a lien was given by the statute.-Barton v. Wichita River Oil Co., 187 S. W. 1043.
IV. RIGHTS AND LIABILITIES OF
CIVIL RIGHTS.
See Constitutional Law, 209–247.
CLAIM AND DELIVERY.
173(3) (Tex.Civ.App.) A. petition alleging See Replevin.
that defendant wrongfully withheld possession
of mules which were the subject of the chattel
mortgage given by another defendant, which fail- See Executors and Administrators, 206-256;
ed to express the mutual intent of the parties, is sufficient as against general demurrer interposed by the defendant in possession of the mules.-Blount, Price & Co. v. Payne, 187 S. W. 990.
Mechanics' Liens, 157.
CLASS LEGISLATION.
See Constitutional Law, 208.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
III. MEANS AND METHODS OF REG-
69 (Tex.Civ.App.) The state cannot control
or regulate interstate commerce by requiring a
foreign corporation engaged in such business to
33 (Tex. Civ.App.) Vernon's Sayles' Ann. secure a permit to do business within the state.
Civ. St. 1914, arts. 3881, 3882, 3889, and 3893,-W. B. Clarkson & Co. v. Gans S. S. Line, 187
authorize the commissioners' court to allow the S. W. 1106.
clerk of the county court in counties having be-
tween 25,000 and 38,000 inhabitants compensa-
tion for ex officio services, where it with the
fees under articles 3881, 3882, and 3889, does
not amount to more than $3,650, and such com-
pensation for ex officio services cannot be re-
garded as "excess fees" of which officers can
retain only one-fourth, article 3888 not apply-
ing. Anderson County v. Hopkins, 187 S. W.
1019.
COMMISSION AND COMMISSIONERS.
See Carriers, 18.
COMMON CARRIERS.
COMPOSITIONS WITH CREDITORS.
See Compromise and Settlement.
13 (Tex.Civ.App.) Secret understanding be
tween one of largest creditors of partnership.
the party who was to take over its stock of
goods, and the partnership, that such creditor
should be paid its debt in full, was a fraud up-
on other creditors, which would defeat a com-
position agreement, if any had in fact been
made.-Abernathy Rigby Co. v. McDougle, Cam-
eron & Webster Co., 187 S. W. 503.
II. SUBJECTS OF REGULATION.
35 (Mo.App.) Where shipment of hogs was
consigned from one point in Missouri to an-
other, but route of connecting carrier went
into state of Kansas passing through several 27 (Tex.Civ.App.) In suit to recover bal-
towns therein, at which hogs were unloaded
and fed, it was an interstate shipment.-Bowles
v. Quincy, O. & K. C. R. Co., 187 S. W. 131.
Where shipper and succeeding carrier made
additional contract for transportation of ship-
ment of hogs, this did not change the shipment
from an interstate to an intrastate transaction,
but it became a part of original contract of
through shipment.-Id.
40(3) (Ark.) Where goods were shipped to a
point within the state, where defendant secured
them, broke the original packages, and peddled
the contents from house to house, his distribu-
tion constituted intrastate business.-J. R. Wat-
kins Medical Co. v. Williams, 187 S. W. 653.
ance due on a partnership note, facts held not
to show a composition agreement between debtor
and creditors, whereby the creditors were to
take 60 cents on the dollar.-Abernathy Rigby
Co. v. McDougle, Cameron & Webster Co., 187
S. W. 503.
COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction; Compositions
with Creditors; Evidence, 213; Release.
6(3) (Mo.) Where an injured railroad em-
ployé, after negotiating with the company's
representative, accepted $675 in money
compensation for his injuries, there was a set-
tlement of his claim unaided by his written | For validity of statutes relating to particular
release.-Reid v. St. Louis & S. F. R. Co., 187
S. W. 15.
COMPUTATION.
See Limitation of Actions, 45-127.
CONCLUSIVENESS.
See Account, Action on, 12; Appeal and
Error, 999, 1008; Judgment, 648-
743; Pleading, ~36.
CONCURRENT NEGLIGENCE.
See Master and Servant, 201, 226.
CONDEMNATION.
See Eminent Domain.
CONDITIONAL SALES.
See Bills and Notes, 132; Cancellation of
Instruments, 24; Executors and Admin-
istrators, 431; Insurance, 612; Mort-
gages, 292; Sales, 124, 347.
CONFESSION.
See Criminal Law, 520.
See Courts, 247.
CONFLICT OF LAWS.
See Arbitration and Award, 18; Carriers,
234; Insurance, 147, 712; Negli-
gence, 1032; Property.
CONNECTING CARRIERS.
See Carriers, 177.
CONSCIOUSNESS.
See Homicide, 219.
See Assignments, 58; Landlord and Ten-
ant, 75, 76; Larceny, 13; Release,
15.
II. CONSTRUCTION, OPERATION,
AND ENFORCEMENT OF CON-
STITUTIONAL PROVISIONS.
26 (Tex.Civ.App.) A state Constitution
should be liberally construed in contradistinc-
tion to a strict construction of the federal Con-
stitution. Terrell v. Middleton, 187 S. W. 367.
43(1) (Mo.App.) A constitutional question
should be raised as soon as it may be under
the circumstances of the given case, or it will
be waived.-Carradine v. Ford, 187 S. W.
285.
43(1) (Tex.Civ.App.) Acquiescence for no
length of time can legalize a clear usurpation
of power where the people have plainly express-
ed their will in the Constitution and appointed
judicial tribunals to enforce it.-Terrell
Middleton, 187 S. W. 367.
48 (Mo.) Courts resolve all doubt in favor
of the constitutionality of statutes.-Straughan
v. Meyers, 187 S. W. 1159.
The burden is upon one asserting the uncon-
stitutionality of a law to prove that fact.-Id.
Legislative acts and constitutional provisions
must be read together and so harmonized as to
give effect to both when this can be consistently
done.-Id.
48 (Tex. Civ. App.) Where the court has a
serious doubt whether the Legislature exceeded
its power by embracing more than one subject
in a bill, such doubt must be resolved in favor
of the validity of the law.-Altgelt v. Gutzeit,
187 S. W. 220.
III. DISTRIBUTION of GovERN-
MENTAL POWERS AND
FUNCTIONS.
(A) Legislative Powers and Delegation
Thereof.
50 (Tex.Civ.App.) A Legislature has ple-
nary powers subject only to constitutional lim-
itations.-Terrell v. Middleton, 187 S. W. 367.
52 (Ky.) Ky. St. § 829, touching the regu-
lation of transportation rates by Railroad Com-
mission, does not invest commission with judi-
cial powers in making an award in contraven-
tion of Const. §§ 27, 28, 109, 135, 209, con-
cerning separation of powers of government in-
to legislative, executive, and judicial depart-
ments and establishment of courts.-Louisville
& N. R. Co. v. Greenbrier Distillery Co., 187
See Accord and Satisfaction, 5; Contracts, S. W. 296.
57; Bills and Notes, 106, 503; Can- Under Const. § 28, allowing persons belong-
cellation of Instruments, 24; Compromise ing to one division of government to exercise
and Settlement, 6; Deeds, 19; Fraud- duties belonging to one of the others when di-
ulent Conveyances, 74-96, 277; Release, rectly permitted by the Constitution and Const.
24; Trusts, 77-89; Vendor and Pur- $ 209, authorizing Railroad Commission
perform certain duties, commission has power
chaser, 13.
to hear and determine claims by shipper for
amounts charged and collected in excess of the
rate thereafter fixed by commission.-Id.
CONSOLIDATION.
See Corporations, 590, 591,
CONSTABLES.
See Sheriffs and Constables.
CONSTITUTIONAL LAW.
See Appeal and Error, 170; Courts,
55 (Ark.) Acts 1915, p. 98, §§ 2, 3, touching
intoxicating liquors and providing a fixed pen-
alty for its violation, are not violative of con-
stitutional powers of judiciary in prohibiting
52. the suspension of sentence upon conviction.-
Wilson v. State, 187 S. W. 440.
(B) Judicial Powers and Functions.
67 (Tex.Civ.App.) When discretion is con-
fined to any one branch of the government, a
decision upon that particular point cannot be
questioned or revised.-Terrell v. Middleton, 187
S. W. 367.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
70(1) (Tex.Civ.App.) It is settled beyond re- |247 (Mo.) Rev. St. 1909, § 7068, providing
call that the courts, state and federal, have the that insurance companies vexatiously refusing
power to pass upon the constitutionality of to pay losses may be assessed punitive damages
statutes and the authority to ultimately destroy and attorney's fees, does not deny equal pro-
or enforce laws passed by the legislative branch tection of the laws.-Barber v. Hartford Life
of the government.-Terrell v. Middleton, 187 Ins. Co., 187 S. W. 867, 874.
S. W. 367.
70(3) (Tex.Civ.App.) It is not the province
of the court to declare a law invalid because it
is unwise or unjust, or because opposed to
public policy or the spirit of the Constitution,
but it must violate some express provision of
the Constitution.-Altgelt v. Gutzeit, 187 S.
W. 220.
V. PERSONAL CIVIL AND POLITI-
CAL RIGHTS.
82 (Ky.) Stat. § 829, is not violative of
Const. U. S. art. 4, § 4, guaranteeing a repub-
lican form of government.-Louisville & N. R.
Co. v. Greenbrier Distillery Co., 187 S. W. 296.
XI. DUE PROCESS OF LAW.
251 (Tex.) Acts 33d Leg. (Sp. Sess.) c.
39, § 34 (Vernon's Sayles' Ann. Civ. St. 1914,
art. 3174w), is not unconstitutional as violating
Const. art. 1, § 19, providing for due course
of law. Beene v. Waples, 187 S. W. 191.
290(3) (Mo.) Special tax bills for sewer con-
struction being legislative assessments, no notice
to property owners of proceedings resulting in
their issuance is necessary, within the inhibi-
tion against depriving one of property without
due process of law.-Mullins v. Mt. St. Mary's
Cemetery Ass'n, 187 S. W. 1169.
298(2) (Ky.) Ky. St. § 829, in limiting evi-
dence which can be heard in circuit court to
that heard before Railroad Commission, is not
violative of the Fourteenth Amendment of the
federal Constitution, in denying due process
of law.-Louisville & N. R. Co. v. Greenbrier
Distillery Co., 187 S. W. 296.
101 (Tex.Cr.App.) Where an individual ac-
quired pool hall and fixtures and licenses after
prohibitory penal statute was adopted and de-
clared valid by the Court of Criminal Appeals,
but after Supreme Court declared it invalid, he
had no vested property rights to entitle him to 303 (Mo.) Rev. St. 1909, § 7068, providing
enjoin enforcement of the statutes.-State v.
Clark, 187 S. W. 760; Same v. Nabers, 1d.
783, 784.
that insurance companies vexatiously refusing
to pay losses may be assessed punitive damages
and attorney's fees, does not deny due process
of law.-Barber v. Hartford Life Ins. Co., 187
S. W. 867, 874.
Where pool halls become inherently vicious
and properly subject to police power, the li-
cense granted them does not create a vested 306 (Tex.Civ.App.) Appointment of a tem-
right, since no one has a vested right to carry
on a business hurtful to public welfare.-Id.
VII. OBLIGATION OF CONTRACTS.
(C) Contracts of Individuals and Private
Corporations.
165 (Mo.) Rev. St. 1909, § 7068, providing
that insurance companies vexatiously refusing
to pay losses may be assessed punitive damages
and attorney's fees, does not unconstitutionally
impair the policy contract.-Barber v. Hartford
Life Ins. Co., 187 S. W. 867, 874.
porary administrator to take charge of all of
community property belonging to plaintiff and
estate of his deceased wife made under Rev. St.
art. 359, providing that an executor or admin-
istrator shall acquire possession of all common
property of a community estate, is not viola-
tive of Const. Tex. Bill of Rights, §§ 9 and 13.
or Const. U. S. Amend. 14, as to due process of
law.-Huth v. Huth, 187 S. W. 523.
XII. RIGHT TO JUSTICE AND REME-
DIES FOR INJURIES.
175 (Tex.Civ.App.) No person has a vested
right in the rules of evidence, which may be 326 (Mo.) Rev. St. 1909, § 7068, providing
that insurance companies vexatiously refusing
changed by the state, if its action relates only to pay losses are liable for punitive damages
to evidence, without violating the contract and attorney's fees, does not violate Const. art.
clause of the Constitution.-Sovereign Camp of 2. § 10, providing that justice shall be adminis
Woodmen of the World v. Robinson, 187 S. tered without sale, etc.-Barber v. Hartford
Life Ins. Co., 187 S. W. 867, 874.
IX. PRIVILEGES OR IMMUNITIES,
AND CLASS LEGISLATION.
208(3) (Mo.) Laws 1913, p. 323, relating to
votes by absent voters, is not class legislation,
since it applies alike to all voters unavoidably
absent.-Straughan v. Meyers, 187 S. W. 1159.
X. EQUAL PROTECTION OF LAWS.
209 (Tex.) Acts 33d Leg. (Sp. Sess.) c.
39, § 34 (Vernon's Sayles' Ann. Civ. St. 1914,
art. 3174w), is not unconstitutional as violating
Const. art. 1, § 3, relating to equal rights.-
Beene v. Waples, 187 S. W. 191.
225(1) (Mo.) Sess. Acts 1913, p. 721, pro-
viding for organization of consolidated schools
and rural high schools, and providing state aid
therefor, is not violative of the Fourteenth
Amendment of Const. U. S. § 1, as denying
equal protection of the laws, etc.-State ex
inf. Wright v. Morgan, 187 S. W. 54.
233 (Mo.) Issuance of special tax bills for
sewer construction against a cemetery as an en-
tirety, notwithstanding sale of some lots for
burial, held not to deny the cemetery company
equal protection of law, contrary to Const. U. S.
Amend. 14, § 1.-Mullins v. Mt. St. Mary's Cem-
etery Ass'n, 187 S. W. 1169.
328 (Ky.) Ky. St. § 829, is not violative of
Const. § 14, providing that all courts shall be
opened to every person, and that he shall have
a remedy by due course of law for any injury
done him.-Louisville & N. R. Co. v. Green-
brier Distillery Co., 187 S. W. 296.
See Contracts, 147-234; Arbitration and
Award, 18; Bills and Notes, 132;
Boundaries, 14; Chattel Mortgages,
108-157; Constitutional Law, 26-48; Cor
porations, 77; Criminal Law, 82;
Deeds, 90-139; Guaranty, 30-38: In-
demnity; Insurance, 146-179; Land
lord and Tenant, 79; Mortgages, 114
171; Pleading, 34; Release, 24, 28:
Statutes, 181-241; Trial, 296, 343;
Trusts, 151; Wills, 439-682.
CONSTRUCTIVE POSSESSION.
See Adverse Possession, 100.
CONSTRUCTIVE TRUSTS.
See Trusts, 100-110.
See Intoxicating Liquors, 279.
I. REQUISITES AND VALIDITY.
(A) Nature and Essentials in General.
9(2) (Ark.) Where an alleged contract for
not bind the railroad company to give plaintiff
its repair work for any length of time, did not
21 (Mo.App.) Where certain heirs of an es-
tate refused to indorse her collection drafts fix a price for the work, and it did not appear
payable to the estate for a fire loss on property who was to furnish materials, the contract was
of the estate, they could not be compelled by too indefinite to be enforceable.-Ashley, D. &
court order to do so, or sign receipts attached N. Ry. Co. v. Baggott & Boyd, 187 S. W. 649.
thereto, in view of Rev. St. 1909, § 9980, and 10(4) (Tex.Civ.App.) A contract for the sale
an order so to do will not sustain commitment of onion sets to be grown "subject to crops" is
for its violation.-In re Ziegenhein, 187 S. W. not unilateral, and will not excuse reasonable
efforts on the part of the seller, since contracts
893.
should provide against hardships and perform-
ance will not be excused if the hardship is not
anticipated.-Texas Seed & Floral Co. v. Chi-
I. ACTS OR CONDUCT CONSTITUT- the repair work of the defendant railroad did
ING CONTEMPT OF COURT.
See Elections, 291; Intoxicating Liquors, cago Set & Seed Co., 187 S. W. 747.
mm 37.
See Appeal and Error, 236; Criminal Law,
594-603, 917; New Trial, 34.
(Tex.Civ.App.) In a consolidated suit to
quiet title, request of defendants, made after
various dismissals and interlocutory judgment
against them, for permission to withdraw their
announcement of ready for trial and continue
the case that they might again add parties as to
whom they had dismissed, held properly refused.
-Brady v. Cope, 187 S. W. 678.
A contract for the sale of onion sets to be
grown, providing that the seller should not be
held to delivery if onion sets were damaged or
destroyed from any cause not resulting from its
negligence, was not a unilateral contract, but
a promise for a promise.-Id.
10(5) (Tex.Civ.App.) Contract for sale of
land which was an ordinary land sale contract
providing for earnest money, examination of
title, and making title good held not lacking in
mutuality.-Bender v. Bender, 187 S. W. 735.
(B) Parties, Proposals, and Acceptance.
30 (Tex.Civ.App.) Where defendant made 28(1) (Mo.App.) Burden of showing that
no showing that a continuance would enable proposed contract was accepted as made is on
it to secure evidence to rebut a reply to a de- plaintiff.-Crossley v. Summit Lumber Co., 187
fense urged, the denial of a continuance, though S. W. 113.
the reply was first made at trial, is not an
abuse of discretion.-New Jersey Fire Ins. Co.
v. Baird, 187 S. W. 356.
31 (Mo.) Where a case was once tried on
the theory that plaintiff was struck by cars at-
tached to a switch engine, introduction of evi-
dence at the second trial, tending to show that
he was struck by a single car shunted onto a
crossing, is not ground for continuance for sur-
prise, where the case was submitted on the
same theory as at the first trial.-McWhirt v.
Chicago & A. R. Co., 187 S. W. 830.
Continuance on the ground of surprise can
be granted only when the evidence introduced
is of such character or the circumstances of its
being withheld are such as to indicate that the
other party has not only been misled, but
prejudiced.-Id.
51(4) (Tex.Civ.App.) In action on note re-
fusal of defendant's second motion for a con-
tinuance held not an abuse of trial court's
discretion, where there was evidence in the
record entitling plaintiff to recover, and where
the testimony of defendant, if present, would
only have raised a conflict in the evidence.-
Ball v. Miller, 187 S. W. 688.
29 (Mo.App.) The legal effect of correspon-
dence between parties in question of law for
court and whether defendant accepted contract
as proposed may become question of fact for
jury.-Crossley v. Summit Lumber Co., 187 S.
W. 113.
57 (Ark.) Where defendant hired plaintiff
to haul logs at certain rates, as plaintiff alleged,
for an entire year, the contract was not enforce-
able where plaintiff was in no way bound to
perform; there being no mutuality of consid-·
eration.-Grayling Lumber Co. v. Hemingway,
187 S. W. 327.
(F) Legality of Object and of Considera-
127(1) (Tex.Civ.App.) A by-law of a frater-
nal beneficiary society declaring that a
ber's dissappearance should be no evidence of
his death, and that the by-law should be con-
strued as a waiver of any statute, etc., thereon,
held invalid, as a stipulation as to the admis-
sion of evidence ousting the court of its juris-
diction.-Sovereign Camp of Woodmen of the
World v. Robinson, 187 S. W. 215.
131 (Ark.) Under Kirby's Dig. §§ 6545,
6546, providing for the granting of railroad
charters, a contract whereby plaintiff, in con-
sideration of building of a railroad over its
land and hauling of its freight for a certain
price, was to grant defendant a right of way
and join with incorporation of railroad in their
efforts to procure a charter, held void as against
public policy, as being a purchase of influence
of officers.-Bryant Lumber Co. v. Fourche Riv-
er Lumber Co., 187 S. W. 455.
See Accord and Satisfaction; Alteration of In-
struments; Assignments; Bills and Notes;
Breach of Marriage Promise; Cancellation of
Instruments; Carriers, 13, 62, 158-160,
207, 218, 307; Chattel Mortgages; Compro-
Constitutional Law,
mise and Settlement;
165, 175; Corporations, 76, 77, 453;
Covenants; Customs and Usages; Damages,
23, 40, 62, 124; Evidence, 420-461,
Under Kirby's Dig. §§ 6802, 6803, a contract
471, 498; Executors and Administrators,
206; Frauds, Statute of; Guaranty; Hus- whereby plaintiff agreed to grant a right of way,
band and Wife, 278; Indemnity; Insur- in consideration in part of carrying of its lum-
ance; Judgment, 594; Landlord and Ten- ber then owned by railroad to be incorporated
ant; Limitation of Actions, 24, 46; Logs at a specificd rate, and after-acquired lumber
and Logging, 8; Novation; Partnership; at a rate to be fixed by arbitration, was void,
Payment; Pledges; Principal and Agent; in that it interfered with official action.-Id.
contract for the
Reformation of Instruments; Release; Sales; 134 (Tex.Civ.App.) If a
Set-Off and Counterclaim; Shipping, 108; sale of onion sets to be grown could be defeat-
Specific Performance; Subrogation; Vendor ed by failure of crops or destruction while being
held, was unilateral, part performance by the
and Purchaser.
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER
|