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375

871 REVISED STATUTES 1909.
.871 88 99, 240, 241.
463
§§ 498-500
..1182
Laws

871
942

.674, 919
415

$794. Amended by
1911, p. 89.

§ 1760

426

§ 1795, 1800..

§ 3219. Amended by Laws
1906, ch. 79..

$ 3705

3720b, subsec. 184.
3860

4077

88 4148, 4151, 4152,
§§ 4226, 4230a...
4303

4372

4426a, subsec. 3.
§ 4643

LAWS.

1912, ch. 146..
1914, ch. 1..

414

891

384

REVISED STATUTES 1889.
891 § 1996
..1026

381

395 REVISED STATUTES 1899.
146
973
§ 6433

427

1894, ch. 76.
1906, ch. 79.

1910, ch. 44. Amended by
Laws 1914, ch. 1....
1912, ch. 48.
1912, ch. 137, §§ 26,
29, 31.

28,

375

426

420

875

132 § 2389
411 § 2415
381 $2543
893 § 2778
.404, 426, 9282783

MISSOURI.

CONSTITUTION.

872

1848

1864

§ 1890

427 $8 1905, 1912.

REVISED STATUTES 1879. | 1911, pp. 286, 292, §§ 9,
$ 669
.1026

22

.......

396

426
683

685
384

375
§ 2784
411 2859
898 88 2868, 2869.
$ 3145
3163
1244462
1484472
1244496
3744530
131 § 4572
§ 4579
3965115
.139, 6765231

1485243
1245263
409 5285

4154 905 $$ 5308, 5309, 5313..
.872, 9095862

910

396

687 6283
6383

396

374

937

Art. 2, § 22.
Art. 2, 28.
Art. 2, 30.
Art. 4,

573
.573, 631
999
28....500, 965, 1008
Art. 4, 53, subsec. 32...1008

$1921
§ 1961

§ 2029. Amended by Laws
1191, p. 140..
$2038
§ 2048
S$ 2074, 2078.

2081

2082

§ 2294, subsec. 7..
2344

6537-6544, 6546.
6948

7068

§ 7109

§§ 7238, 7239.

8 7404

$ 7412

7413

937

7615

905 § 7828

$ 8304

$$ 8862, 9110..

$$ 9241, 9254, 9255..

$ 9347

§ 9403

$ 9407

§ 9619

10085

535
.443, 1182

LAWS.
173.
89.

1893, p.
1911, p.
1911, p.
1911, p. 140.

139.

1913, p. 163, §§ 1, 2.
1913, p. 334..

500
.1042

$$ 5078, 5088.
593 $$ 5090, 5111.
.1142 $5919

..1123

1039

LAWS.

.1042 1897, ch. 78. Amended by
.1119 Laws 1905, ch. 414.
582 1905, ch. 414.

1907, ch. 82, § 8.

1907, ch. 602, § 2, sub-
sec. 2...

113

429

1911, ch. 32.

859

.1119 1913 (2d Ex. Sess.) ch. 1 867
552 1913 (2d Ex. Sess.) ch. 2 689
.643, 1155 1913 (2d Ex. Sess.) ch. 2,
649
8 4..
649

689

532

593

974

645

TEXAS.
CONSTITUTION.
.447, 1176, 1198 Art. 1, § 17..
Art.
$ 19..
Art. 3, § 44..
Art. 5, 8..
Art. 5, 11..
Art. 10, & 1..

.1176
974
447
.1160
153

535

Art. 16, § 23..

573

526

516

591

TENNESSEE.

CONSTITUTION.

Art. 2, § 28....
Art. 6, § 14....

§§ 10180, 10181, 10692,
10712
§ 11323

SHANNON'S CODE.

§ 1574, subsec. 3..
§ 4702

Art. 16, §§ 50, 52.

Art. 16, 58...

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587
649
.1008

PENAL CODE 1911.

CODE OF CRIMINAL
PROCEDURE 1895.

...

995 Arts. 986-988

Art. 1068

608
.1166

Art. 1194

1139
.1186

658 Art. 1585

955

by

113
867

CODE OF CRIMINAL
PROCEDURE 1911.

688

695

111

Arts. 1231, 1235.

Art. 1521, subd. 6. Amend-
ed by Laws 1913, ch. 55

965
500 Art. 1830, subd. 26.
663 Art. 1833

535 Art. 1882

695

689

864
864

474

170
192

219

173

308

822

....

363

210

776

.1155 REVISED STATUTES 1911.
..1145

727

727

342

366

353
.1112
301

733

360

244

56

348
292
1
183

Art. 1589, subd. 3.
Arts. 1636, 1639.
Art. 1829. Amended by
Laws 1913, ch. 127.... 792
Art. 1830

1
801
209
199

REVISED STATUTES 1855.
Ch. 2, art. 3, § 25....... 533

35
1
6
35

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See Receiving Stolen Goods.

See Carriers, § 74.

Arts. 6695, 6696.

Art. 6802

Arts. 7692, 7693.
Arts. 7802, 7805.

STAY.

STIPULATIONS.

§ 14 (Tex.) In trespass to try title to land, a portion of which defendant claimed by limitation, held that, by the different agreements of the parties, it was admitted that, when plaintiff's predecessor in title took possession before limitations had run in defendant's favor, he was the owner of the record title.-Combes v. Stringer, 167 S. W. 217.

STOLEN GOODS.

Dallas, art. 8.
1907, ch. 71.

§ 17 (Tex.Civ.App.) Although agreements of parties for a time, beyond that allowed by the law or the court, to file their briefs are not binding on the court, yet they are binding upon the parties to the extent at least of preventing either from asking for a dismissal on the ground that the other's brief was not filed within the time allowed.-Alexander v. Garcia, 167 S. W. 1102.

SAYLES' ANNOTATED
CIVIL STATUTES 1897.
Arts. 1869, 2046, 2055,
2060, 2061..

STOCKHOLDERS.

See Corporations, §§ 170-189; Companies.

CITY CHARTERS.
Dallas, art. 2, §§ 2, 5.
Laws 1907, ch. 71..... 308
Dallas, art. 3, § 11. Laws
1907, ch. 71.

308

Laws

308

STOCK IN TRADE.

See Fraudulent Conveyances, §§ 47, 228.

Joint-Stock

STOPPAGE IN TRANSITU.

199 Laredo. Sp. Laws 1911, 776 ch. 10..

805

STREET RAILROADS.

See Carriers; Evidence, § 506; Railroads. II. REGULATION AND OPERATION. $ 93 (Ky.) Street car motorman, approaching street crossing, held bound to have the car under reasonable control, give timely warning, and keep a lookout and use ordinary care to avoid injuring persons.-Louisville Ry. Co. v. Vessels' Adm'x, 167 S. W. 924.

The rule that a street car motorman is not required to check the speed of his car until by ordinary care he can discover a person's peril does not apply where the car is being operated at an unreasonable rate of speed.-Id.

.1091 808

§ 93 (Mo.App.) Evidence that a street which struck a pedestrian at a crossing apcar

STOCK.

See Corporations, §§ 94-150; Joint-Stock Com- St. Louis, 167 S. W. 1070. panies.

822

SPECIAL LAWS. 192 1911, ch. 10............1091

304

771

.....

.1091

LAWS.

1870, ch. 81, & 250...

22

1907, ch. 71, art. 2, §§ 2, 5 308 1907, ch. 71, art. 3, § 11 308 1907, ch. 71, art. 8.

308

1909 (2d Called Sess.) ch. 10

192

776

1911, ch. 23.

1913, ch. 7.. 1913, ch. 55.

40 360 35

1913, ch. 59.....180, 321, 814 1913, ch. 74, § 11. 1913, ch. 127..

294 792 1913, ch. 138...63, 360, 1110 1913 (Ex. Sess.) ch. 5... 349

1909 (4th Called Sess.) ch. 10.

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$117 (Ky.) In an action for death caused by a collision between a street car and a milk wagon which deceased was driving, evidence held to make questions for the jury as to defendant's negligence and deceased's contributory Adm'x, 167 S. W. 924. negligence.-Louisville Ry. Co. V. Vessels'

§ 117 (Mo.App.) In an action for injuries to evidence held sufficient to take to the jury the a pedestrian while crossing a street car track, question whether plaintiff was negligent in not looking after she did.-Moloney v. United Rys. Co. of St. Louis, 167 S. W. 471.

he looks and sees no car approaching within
One approaching a street railway crossing, if
such distance that he would not have time to
cross before one going at a lawful rate of
speed could reach the crossing, he is not negli-
without looking again.-Id.
gent, as a matter of law, in attempting to cross

STREETS.

See Municipal Corporations, §§ 278, 282, 304, 314, 443-568, 705, 706, 763-822.

SULPHUR.

See Mines and Minerals, § 58.

SUPERSEDEAS.

$2 (Tenn.) Under Acts 1907, c. 82, § 8, providing for the review by the Supreme Court upon certiorari of the cases appealed to the Court of Civil Appeals, the Supreme Court can take jurisdiction only by certiorari after final decree or judgment in the Court of Civil Appeals, and has no jurisdiction to issue a writ suspending a supersedeas granted by the Court of Civil Appeals.-Walker v. Lemma, 167 S. W. 474.

SUPREME COURTS.

See Courts, §§ 207-247, 366.

SURETYSHIP.

See Principal and Surety.

SURVEYS.

See Evidence, § 83.

SURVIVING PARTNERS.

See Partnership, §§ 251, 252, 336.

SURVIVORSHIP.

See Wills, § 533.

SUSPENDED SENTENCE.

See Criminal Law, § 982.

SUSPENSION.

See Insurance, §§ 748-756.

TAXATION.

See Dower, § 116; Intoxicating Liquors, § 50; Licenses, $87, 40; Municipal Corporations, $$ 443-568, 956-978; Schools and School Districts, § 103.

I. NATURE AND EXTENT OF POWER IN GENERAL.

§ (Ark.) Payment required of corporations for removing sand and gravel from the beds of navigable streams within the state, by Acts 1913, p. 1088, held not a tax but a method of utilizing common property of the state for the benefit of citizens.-State v. Southern Sand & Material Co., 167 S. W. 854.

III. LIABILITY OF PERSONS AND PROPERTY.

(B) Corporations and Corporate Stock and Property.

§ 113 (Ky.) Under Ky. St. 1909, § 4226, originally enacted as a part of the revenue law of 1902, and virtually the same as a part of the revenue law of 1892, carried into Ky. St. 1899, as section 4227, a foreign life insurance company making contracts of insurance before and after June 15, 1906, the date of the taking effect of section 4226, is liable to the tax on premiums thereafter collected on policies procured prior to June 15th.-Commonwealth v. Washington Life Ins. Co., 167 S. W. 872.

Ky. St. 1909, §§ 4226, 4230a, imposing a tax on premiums collected by life insurance companies, though they withdraw from the state, are valid.-Id.

8113 (Ky.) Ky. St. 1909, §§ 4226, 4230a, imposing a tax on premiums collected by life insurance companies, are constitutional.-Commonwealth v. Illinois Life Ins. Co., 167 S. W. 909.

§ 165 (Ky.) Ky. St. § 4077, imposing a franchise tax on public service corporations, applies only to corporations which have their franchise or property within the state or are doing business therein.-Commonwealth v. Lee Line Co., 167 S. W. 409.

A foreign corporation engaged in interstate commerce along the Ohio and Mississippi rivers, which owns no property within the state and does business therein only by landing and receiving passengers and freight, is not taxable under Ky. St. § 4077, imposing a franchise tax upon public service corporations.-Id.

§ 168 (Ky.) A foreign life insurance company, having been admitted to do business in the state, and having effected contracts of insurance within the state, cannot, by its subsequent withdrawal from the state, escape liability for the tax on renewal premiums collected by it after withdrawal.-Commonwealth v. Washington Life Ins. Co., 167 S. W. 872.

§ 168 (Ky.) A foreign life insurance company, having been admitted to do business in the state and effecting insurance contracts in the state, is liable for the tax on premiums collected on such insurance after its withdrawal from the state. Commonwealth v. Illinois Life Ins. Co., 167 S. W. 909.

A foreign life insurance company, admitted to do business in the state and reinsuring the risks of a domestic life insurance company, while authorized to effect insurance in the state, is liable for the tax on premiums collected on the reinsurance after its withdrawal from the state. -Id.

(D) Exemptions.

§ 242 (Tenn.) The words "educational institution" as used in Acts 1907, c. 602, § 2, subsec. 2, exempting the property of such institution from taxation, construed in connection with Const. art. 2, § 28, held to mean a school seminary, college, or educational establishment, and not necessarily a chartered institution, and whether owned privately or otherwise, and used hence property of an educational institution, exclusively for educational purposes, is exempt from taxation.-Ward Seminary for Young Ladies v. City of Nashville, 167 Š. W. 113.

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For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER

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(B) Summary Remedies and Actions. § 592 (Ky.) In an action against a foreign insurance company to recover a tax on premiums on policies transferred to it by another foreign insurance company, an answer failing to disclose when defendant company assumed the contracts or whether the other foreign insurance company was authorized to do business in the state, or whether it affected the contracts within the state, was insufficient.-Commonwealth v. Illinois Life Ins. Co., 167 S. W. 909.

XI. TAX TITLES. (A) Title and Rights of Purchaser at Tax

Sale.

§ 730 (Ky.) Where the state bids in land at tax sale, as provided by Ky. St. §§ 4151, 4152, it acquires a lien for the tax and penalty until the expiration of two years, at which time, if the land has not been redeemed, the fee-simple title is made by section 4154 to vest absolutely, in the state. Heath v. Hazelip, 167 S. W. 905.

(C) Actions to Confirm or Try Title.

$791 (Ky.) An action of ejectment by the

holders of a tax deed, commenced within about
seven months after the taking effect of act of
March 12, 1912 (Laws 1912, c. 48), and more
than two years before it would have been barred
under the previous statute, was
within a reasonable time after the new statute
commenced
took effect, and was not barred thereby, though
the period therein prescribed had expired.-
Heath v. Hazelip, 167 S. W. 905.

§ 803 (Ky.) Where the, state bids in land at a tax sale, as provided by Ky. St. §§ 4151, 4152, it acquires a lien for the tax and penalty until the expiration of two years, at which time, if the land has not been redeemed, the statute of limitations begins to run against the state's title.-Heath v. Hazelip, 167 S. W. 905.

I. ESTABLISHMENT, CONSTRUCTION,
AND MAINTENANCE.

C. to H. did not reach H. till after office hours
§ 38 (Tex.Civ.App.) That a telegram sent from
furnishes no excuse for failure to seasonably
deliver it; the company's agent having in fact
received it when it arrived and undertaken to
Taylor, 167 S. W. 289.
deliver it.-Western Union Telegraph Co. v.

any is bound to know of the rules of the office to
The transmitting agent of a telegraph compa-
which a message is to be sent, and, not inform-
ing the sender that the message will not reach
there till after office hours, such fact furnishes
no excuse for delay in its delivery.-Id.

$3 (Ark.) Telegraph and telephone companies are instruments of commerce, and are common carriers of news.-Western Union Telegraph Co. v. Flannagan, 167 S. W. 701.

$10 (Tex.Civ.App.) Rev. St. 1191, arts. 1231, 1235, relating to the use of streets and roads by telegraph companies, applies only to companies organized to construct and maintain telegraph or telephone lines.-Acme Cement Plaster Co. v. American Cement Plaster Co., 167 S. W. 183.

811 (Tex.Civ.App.) A railroad company which has an easement in a right of way over plaintiff's land cannot authorize the establishment. of a private telephone line over such way.Acme Cement Plaster Co. v. American Cement Plaster Co., 167 S. W. 183.

A county which has an easement in a public road cannot authorize the establishment of a private telephone line thereon.-Id.

II. REGULATION AND OPERATION. § 27 (Ark.) Where a telegram is sent in this state, where damages for mental anguish are recoverable, to be delivered in another state, where such damages are not recoverable, and the company transmits it, but negligently fails to deliver it, either the sender or the addressee may, in an action in this state, recover damages for mental anguish. Western Union Telegraph Co. v. Flannagan, 167 S. W. 701.

8810 (Ky.) Evidence in ejectment by the holders of a tax deed or for the establishment of a lien for the amount paid therefor if their title be held invalid, held to support the court's conclusions of fact as to the taxes not having been paid, the sale therefor to the state and county, the failure to redeem, and the purchase by plaintiffs from the state and county.-Heath v. Hazelip, 167 S. W. 905.

TEACHERS. See Witnesses, § 255.

§ 56 (Ky.) A wife not mentioned in a message, and whose relation to the subject-matter was in no way disclosed to the telegraph company, cannot recover for mental anguish suffered for failure to promptly deliver a tele

TELEGRAPHS AND TELEPHONES. gram requesting her husband to come at once

as was desperately ill.-Western See Contracts, § 26; Eminent Domain, § 47; Union Telegraph Co. v. Crutcher, 167 S. W. Frauds, Statute of, 139; Injunction, $138. 49, 118; Negligence, 22; Trial, § 194.

transmit a message and deliver it beyond its A telegraph company having undertaken to free delivery limits, it is immaterial, as regards

liability for delay in delivery, that the charg

es were not prepaid but only guaranteed.-Id.

telegram, announcing a death and time and $ 51 (Tex.Civ.App.) Because on arrival of a place of funeral, too late for the regular train, deceased's sister did not take a roundabout drive by night over muddy roads, was not contrain route unknown to her, or take a 40-mile tributory negligence, preventing recovery for delay in delivery of the message.-Western Union Telegraph Co. v. Taylor, 167 S. W. 289.

§ 54 (Tex.Civ.App.) When a telegraph company for an extra charge undertakes to deliver a message beyond its free delivery limit, it is bound to exercise reasonable diligence, and cannot avoid liability for negligent failure in that respect by the printed provision on the back of of the sender without liability.-Western Union the message that such undertaking is as agent Telegraph Co. v. Taylor, 167 S. W. 289.

forwarding a message from a connecting rail$55 (Ark.) Telegraph company accepting and road and telegraph company, which had contracted to transmit held in privity of contract with the sender.-Western Union Telegraph Co. v. Flannagan, 167 S. W. 701.

§ 56 (Tex. Civ.App.) A telegraph company may the message for her mental suffering resulting be liable to one not appearing on the face of from delay in its delivery, where the company's agent was apprised, when the message was received, of the relationship of the parties.-Western Union Telegraph Co. v. Taylor, 167 S. W.

289.

§ 66 (Tex.Civ.App.) A finding of negligence in not seasonably delivering a telegram in the country, beyond the free delivery limit, as had been contracted for, held authorized by the evidence.-Western Union Telegraph Co. v. Taylor, 167 S. W. 289.

§ 68 (Ark.) A message addressed to a man in Kansas City, Mo.: "Leave here in morning. Arrive in Kansas City Saturday morning. Meet me. [Signed] Maude"-was sufficient to

put the company on notice that a near relationship existed between the parties, that there was a good reason for the sender being met at the station, and that mental anguish might naturally follow from failure to deliver it.-Western Union Telegraph Co. v. Flannagan, 167 S. W. 701.

A woman in delicate health, without money or other acquaintance in a large city, whose message to her husband to meet her was not delivered, and who was obliged to search for him, and to accept shelter from his employer until he returned two days later, held entitled to damages for mental anguish.-Id.

§ 68 (Tex.Civ.App.) Addressee of telegram informing him of his mother's death, delayed in delivery, held entitled to damages for mental anguish where, if delivered promptly, he would have procured the funeral to be postponed so that he could have attended it.-Johnston v. Western Union Telegraph Co., 167 S. W. 272.

$71 (Ark.) Verdict of $1,000 for mental anguish from failure to deliver a message, whereby plaintiff's husband failed to meet her when she arrived alone, and without money in a large city, held excessive, and to be reduced to $100. -Western Union Telegraph Co. v. Flannagan, 167 S. W. 701.

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$73 (Tex.Civ.App.) That addressee of telegram informing him of his mother's death had received another shortly before advising him that she was paralyzed and speechless, but had See Maritime Liens, § 11.

TOWAGE.

TOWNS.

not gone to see her, held merely to make a question for the jury whether he would have attended the funeral, and whether he suffered mental anguish from the delay in delivery of the second telegram.-Johnston v. Western Union Telegraph Co., 167 S. W. 272.

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See Evidence, § 471; Fraud, § 53.

THREATS.

TIMBER.

See Frauds, Statute of, §§ 72, 129; Logs and
Logging.

TIME.

See Depositions, § 79; Exceptions, Bill of, $$ 43, 54; Indictment and Information, 132; Insurance, § 186; Taxation, § 791.

TITLE.

See Adverse Possession; Deeds, § 165; Ejectment, 9; Execution, § 271; Judicial Sales, § 61; Officers, §§ 81, 82; Public Lands, § 158; Quieting Title; Sales, § 61; Specífic Performance, § 97; Statutes, §§ 109-125; Taxation, 88 730-810; Trespass to Try Ti tle; Trusts, § 1; Vendor and Purchaser, § 261.

TORTS.

See Assault and Battery, §§ 27, 39; Death;
Dismissal and Nonsuit, § 26; Electricity;
Fraud; Husband and Wife, §§ 102, 214;
Intoxicating Liquors, §§ 285-317; Libel and
Slander; Malicious Prosecution; Master
and Servant. §§ 88-311; Municipal Corpora-
tions, §§ 733-845; Negligence; Nuisance;
Trespass; Trover and Conversion.

See Counties; Municipal Corporations; Schools and School Districts.

TRANSCRIPTS.

See Criminal Law, §§ 1086-1122.

TREES.

See Logs and Logging.

TRESPASS.

See Assault and Battery, §§ 27, 39; Carriers, $92; Electricity, § 15; Railroads, §§ 356, 400.

II. ACTIONS.

(C) Evidence.

§ 46 (Mo.App.) In an action against defendant for damages for entering upon plaintiff's land finding by the jury that the timber cut was on and cutting timber, evidence held to sustain a plaintiff's land.-Falloon v. Fenton, 167 S. W. 591.

TRESPASS TO TRY TITLE.

See Adverse Possession, § 41; Assignments, § 109; Boundaries, § 33; Evidence, § 273; Judgment, §§ 256, 405, 408, 451, 717; Stipulations, § 14; Vendor and Purchaser, § 187; Venue, § 5.

I. RIGHT OF ACTION AND DEFENSES.

§ (Tex.Civ.App.) An action involving title to land, whatever its form, or a suit to recover title to land, whether upon legal or equitable grounds, is in effect an action of "trespass to try title."-Lester v. Hutson, 167 S. W. 321.

II. PROCEEDINGS.

832 (Tex.Civ.App.) Under allegations of a petition, held, that a suit, though designated as a suit to quiet title, was in effect a suit in the nature of trespass to try title founded upon an equitable title to the land.-Lester v. Hutson, 167 S. W. 321.

$35 (Tex.Civ.App.) In an action in the nature of an action of trespass to try title, where the fact that defendant had paid the cash for

See Weapons, § 13.

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