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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
XVII. DETERMINATION AND DISPOSI Om 22 (Ala. App.) Ownership of
TION OF CAUSE.

property
burned of no moment.--Cobb v. State, 463.
(A) Decision in General.

34 (Ala. App.) Competent to prove unusual
cm 1106(4) (La.) Motion to remand to take solicitousness with reference to insurance on
new evidence held unreasonable because of de-adjoining building.-Cobb v. State, 463.
lay..Givens v. De Soto Bldg. Co., 534.
1123 (Fla.) Judgment affirmed when appel-

ASSAULT AND BATTERY.
late court equally divided.-Muller & Auerback
v. Cowart, 156.

See Homicide.
Om 1123 (Fla.) Judgment affirmed where ap-

I. CIVIL LIABILITY.
pellate court equally divided.--James v. Mach,
271.

(A) Acts Constituting Assault or Battery
1123 (Fla.) Judgment affirmed where court

and Liability Therefor.
equally divided.-Colman v. Macha, 796; State Om2 (Ala.) Pointing pistol may constitute as-
v. Hamwey, 796.

sault.-John R. Thompson & Co. v. Vildibill,

139.
(B) Attirmance.

2 (Ala.) Licensee wrongfully ejected may
114013) (Ala.) Error in judgment including recover for an assault committed upon him.--
an item of damage_cured by voluntary remit- Brookside-Pratt Mining Co. v. Booth, 240.
titur.-Edwards v. Beard, 101.

15 (Ala.) Merchant may withdraw invita-

tion to trade and thereafter eject person from
(C) Modification.

whom invitation withdrawn.-Brookside-Pratt
| 149 (Ala.) Appellate court, if having Mining Co. v. Booth, 240.
proper data, could amend judgment to allow
costs to party struck out.-Richardson v. Stin-

(B) Actions.
son, 209.
(D) Reversal.

On 24(1) (Ala.) Complaint held to state cause

of action.-Harris v. Harris, 333.
Om 1173(1) (Miss.) Judgment against all part. Cm24(2) (Ala.) Replication held sufficient as

when evidence authorizes judgment against demurrer.-Harris v. Harris, 333.
against only one reversed in part and affirmed C 26 (Ala) Physical pain, mental pain, or
in part.-Wise v. Cobb, 189.

anguish inferred from fright from assault with
1175(7) (Ala.) Decree overruling demurrer pistol.-- John R. Thompson & Co. v. Vildibili,
improperly sustained below entered by, Supreme 139.
Court.-Thompson v. Menefee, 107; Frazier v. am 31 (Ala.) Answer of defendant, "I knew
Frazier, 118.

I had not hurt her," held admissible as within
Om 1178(6) (Miss.) Case remanded for trial probable knowledge.-Harris v. Harris, 333.
merely as to damages, where Supreme Court om 38 (Ala.) Refusal of charge denying recov-
has determined that defendant is liable.-F. W. ery for abusive or profane language held prop-
Woolworth Co. v. Volking, 3.

er.-John R. Thompson & Co. v. Vildibill, 139.
(F) Mandate and Proceedings in Lowered for assault, accompanied by insulting words.

39 (Ala.) Punitive damages may be award-
Court.

- John R. Thompson & Co. v. Vildibill, 139.
a 1203(5) (Ala.) On remand bill held prop-On 43(6) (Ala.) Refusal of charge as to plain-
erly dismissed for failure of complainant to tiff's physical or mental pain or mental anguish
observe directions of Supreme Court as to held without error.-John R. Thompson & Co.
amendment.-Crowson v. Cody, 821.

Vildibill, 139.
XVIII. LIABILITIES ON BONDS AND
UNDERTAKINGS.

II. CRIMINAL RESPONSIBILITY.
Cm1232 (Miss.) Rule as to liability on super-

(B) Prosecution and Punishment.
sedeas bond on affirmance as to one and rever 85 (Ala.Anp.) Injured party in prosecu-
sal as to other principal stated.-Wise v. Cobb, tion for assault may testify as to his age.-
189.

Sampson v. State, 305.
1236 (Miss.) When judgment for damages om 86 (Fla.) Exclusion of evidence that of-
in action for possession of life policy will be ficer charged with assault had reasonable
rendered on appeal stated.-Garner v. Townes, ground to believe that prosecuting witness ar-
20.

rested without warrant had committed felony

held erroneous.--Osborne v. State, 365.
APPEARANCE.

a96(3) (Ala.) Charge on self-defense held
Fw8 (3) (Ala.) Filing of demurrer and pro- properly refused for failure to define degree
ceeding to hearing thereon held appearance. of force permissible.-Burge v. Scarbrough,
Forrester v. Granberry, 551.

653.
Em 24(5) (Ala.) Filing of demurrer and pro-
ceeding to hearing thereon held_appearance,

ASSESSMENT.
waiving objection to service.--Forrester See Drains, Oman1; Municipal Corporations,
Granberry, 551.

Cmw516; Taxation, m421-493.
Cm 27 (Ala.App.) Where appearance and plead-
ings have been filed under misapprehension,
court may permit their withdrawal.-Green v.

ASSISTANCE, WRIT OF.
NuGrape Co., 84.

Cwl (La.) Judgment on merits interpreting
ARGUMENT OF COUNSEL.

previous judgment rendered on exception would

not support writ of possession.-Baptiste v.
See Criminal Law, Em 699–723; Trial, em 110- Southall, 674.
131.

ASSOCIATIONS.
ARREST.

See Insurance, en 690-817.
II. ON CRIMINAL CHARGES.
Om63(4) (Fla.) Officers may arrest without

ATTACHMENT.
warrant persons whom they believe to have

XI. WRONGFUL ATTACHMENT.
committed felony.-Osborne v. State, 365.

ww365 (Ala.App.) All parties assisting in
ARSON.

wrongful levy held proper parties defendant.-

Cheek v. Odom, 782.
19 (Ala.App.) Intent to burn adjacent Cum 380 (Ala.App.) Refusal of charge as to ti-
building need not be alleged.-Cobb v. State, tle not error in action for wrongful levy.-
463.

Cheek v. Odom, 782.

V.

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ATTORNEY AND CLIENT.

IV. NEGOTIABILITY AND TRANSFER.
See Criminal Law, Om699–723; Trial, @m110-

(A) Instruments Negotiable.
131.

149 (Miss.) Postdated instrument Degoti.

able.-Currie-McGraw Co. v. H. & J. Fried.
IV. COMPENSATION AND LIEN OF man, 273.
ATTORNEY.

Failure to place federal revenue stamps on
(A) Fees and Other Remuneration. instrument does not affect negotiability.-Id.
Omw 144 (La.) Contract for half interest as

V. RIGHTS AND LIABILITIES ON IX.
compensation for obtaining patent to state

DORSEMENT OR TRANSFER.
lands construed.—Liverman v. Hungerbeeler,
425.

(D) Bona Fide Purchasers.
BAIL.

365(1) (La.) Defenses available against

original payee cannot be urged against bona
II. IN CRIMINAL PROSECUTIONS. fide holder for value.-City Sav. Bank & Trust
C43 (Ala.App.) Granting automobilist in- Co. v. Goodman, 66.
dicted for murder in first degree bail held not (m 365(2) (Miss.) Maker of note bearing date
error.-State v. Massey, 625.

of secular day estopped as against innocent
holder to show execution on Sunday.-Currie-

McGraw Co. v. H. & J. Friedman, 273.
BAILMENT,

Om369 (Miss.) Payee's negotiation of instru-
See Pledges.

ment in violation of agreement with payer no
Ermal (Ala.) Relation of bailor and bailee ex- defense as against innocent purchaser for ral.
ists between husband owning car and wife us-

ue without notice.-Currie-McGraw Co. v. H. &
ing saine.-Bradley y. Ashworth, 663.

J. Friedman, 273.
Oma 21 (Ala.) Bailor liable only for negligence 370 (La.) Absence or failure of considera.
in permitting incompetent bailee to

tion not defense against bona fide holder in due
---Bradley v. Ashworth, 663.

course.-City Sav. Bank & Trust Co. v. Good-
man, 66.

VIII. ÀCTIONS,
BANKRUPTCY.

Om452(2) (La.) Defendant held not entitled
III. ASSIGNMENT, ADMINISTRATION, to contest title of holder of notes.-Quick F.
AND DISTRIBUTION OF BANK-

Littlejohn, 531.
RUPT’S ESTATE.

m476(1) (Fla.) Plea of want of considera-
(F) Claims Against and Distribution of tion, merely averring that note was without
Estate,

consideration, insufficient.-Davis v. American
Omm 363 (Ala.) Proof and filing of claim Agr. Chemical Co., 741.
against bankrupt estate and acceptance of div-489(3) (Ala.) Facts entering into and in-
idend held not novation or payment as to orig- ducing indorsements of notes held relevant un-
inal debtor.-Tuscaloosa Lumber Co. v. Trop- der defense of conditional indorsement.-Lang-
ical Paint & Oil Co., 236.

ham v. Jackson, 757.

Om 489(3) (La.) Maker must challenge hold-
BANKS AND BANKING.

er's good faith before proving fraud or want

or failure of consideration.- City Sav. Bank &
1. CONTROL AND REGULATION IN Trust Co. v. Goodman, 66.
GENERAL,

Answer held insufficient to admit evidence of
w 15 (Miss.) Cashier's check guaranteed.- defects in property for which note sued on
Anderson v. Bank of Tupelo, 179.

given.-Id.
Owo 15 (Miss.) State funds deposited in bank Ow504 (Ala.) Interest in bank of persons se-
which has not qualified as depository protected curing defendants' indorsement on notes and
by guaranty fund.-Love v. Murry, 277.

its affairs held provable.-Langham y. Jackson,

757.
III. FUNCTIONS AND DEALINGS.

ww537(1). (Ala.) Manner of perpetration of
(F) Exchange, Money, Securities, and In- fraud on indorsers of draft held for jury.
vestments.

Moore v. First Nat. Bank, 349.
Om 189 (Miss.) “Cashier's check" defined.-

Negligence of indorsers of draft, to which
Anderson v. Bank of Tupelo, 179.

draft for smaller amount was pasted, held for
Instrument held cashier's check.-Id.

jury.-Id.

BOUNDARIES.
BENEFICIAL ASSOCIATIONS.

I. DESCRIPTIOX.
See Insurance, em 690-817.

Oml (La.) Intention of parties governs in

controversies arising from descriptions in
BILL OF EXCEPTIONS,

deeds.--Nattin v. Glassell, 609.

Ow3(3) (La.) Natural or fixed monuments
See Exceptions, Bill of.

prevail over artificial guides.-Nattin v. Glas-

sell, 609.
BILL OF REVIEW.

Cw13 (La.) Nonnavigable stream as bound-

ary.---Nattin v. Glassell, 609.
See Equity, em 445–460.

Om 14 (La.) Deed giving certain quantity of

land held not to include water.- Vattin y. Glas-
BILLS AND NOTES.

sell, 609.
I. REQUISITES AND VALIDITY.

II, EVIDENCE, ASCERTAINMENT, AND
(C) Execution and Delivery.

ESTABLISHMENT.
ww54 (Ala.App.) Failure of execution of note 37(1) (La.) Evidence held to show good
to constitute waiver of exemptions, or mort- faith of party to boundary dispute.-Davis F.
gage, held not to affect liability on promise Moore, 691.
to pay.--Planters' Chemical & Oil Co. v. Mor- m 54 (1) (Fla.) Corners marked in surveys
ris, 200.

returned by Surveyor General established as
Execution of notes by mark held sufficient as

proper corners of sections or subdivisions.-
promise to pay.-Id.

Kirch v. Persinger, 166: Kirch v. Florida High-

lands Co., 169.
III. MODIFICATION, RENEWAL, AND Boundary lines run and marked in surveys re-
RESCISSION.

turned by Surveyor General established as
Omw 139(1) (Ala.) Partial payment before matu- boundary lines of sections or subdivisions.-Id.
rity is consideration for extension.-Ray v. Ca 54 (4) (Fla.) Grantee in patent from gor.
Summerlin, 482.

ernment takes according to original surrey.-

.

as

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
Kirch v. Persinger, 166; Kirch v. Florida High-, VI. RIGHTS, POWERS, AND LIABILITIES
lands Co., 169.

AS TO THIRD PERSONS.
Description and plat filed in General Land om 94 (La.) Power held to authorize broker's.
Office made by Surveyor General conclusive as acceptance for principal of offer to purchase.
to section lines and corners.-Id.

-Fassbender v. Ghergich, 436.

That offer to purchase made subject to lease
BRIDGES.

held not to affect vendor's liability after ac-

ceptance.-Id.
II, REGULATION AND USE FOR TRAVEL. Stipulation as to notary public before whom
Ein 40(2) (La.) Town held not liable for in- sale to be passed held not to affect vendor's lia-
juries through breaking of bridge under weight emi05 (La.) Knowledge of broker as to il-
of heavy tractor.-Carter v. Town of Minden, legality of price held imputable to both buyer
536.

and seller.-J. & G. Lippman v. Rice Millers'
BRIEFS.

Distributing Co., 685.
See Appeal and Error, w761.

BURGLARY.
BROKERS.

II. PROSECUTION AND PUNISHMENT.

Om31 (Ala.App.) Acts of vandalism on porch
See Pawnbrokers and Money Lenders.

of burglarized house held admissible.-Hasty v.

State, 561,
III. DUTIES AND LIABILITIES TO

Fww38. (Ala.App.) That stolen chickens were
PRINCIPAL.

seen in defendant's yard held admissible in
Cam 31 (Ala.) That owner listing land for sale burglary prosecution.-Hasty v. State, 561.
gave option weld not to preclude proof land
sold on owner's aceount.-Jackson v. Berry CANCELLATION OF INSTRUMENTS.
Snellings Realty Co., 111.

II. PROCEEDINGS AND RELIEF.
Cu 37 (Ala.) Evidence held to warrant finding
that realty corporation sold land as owner's Enw 37(4) (Ala.) Bill to cancel contract held
agent.-Jackson v. Berry-Snellings Realty Co., not demurrable for failure to offer to place de-
111.

fendants in statu quo.-Frazier v. Frazier, 118.
IV. COMPENSATION AND LIEN.

CARRIERS.
Oww40 (La.) Claim that stock was purchased 1. CONTROL AND REGULATION OF
at unauthorized price could not be made after

COMMON CARRIERS.
acquiescence.-Interstate Trust & Banking Co.

(A) In General.
v. Laplace, 544.

w 46 (La.) Principal's right to sell without Cam 2 (La.) Penal statute to adjusting
agent's intervention, stated.-Grace Realty Co. claim strictly construed.—Daniel v. Louisiana
v. Peytavin Planting Co., 62.

Ry. & Nav. Co., 684.
Om 48 (Ala.) Broker producing customer ready, 20(1), (La.) Failure to file claim at place
able, and willing to buy within time allowed prescribed in statute precludes recovery of
entitled to commissions.-Wheelock v. Dillard, statutory penalty for delay in payment.--Dan-
840.

iel v. Louisiana Ry, & Nav. Co., 084.
Cm 55(1) (La.) Principal may deny agent ex-
clusive right of sale.-Grace Realty Co. v. Pey-

II. CARRIAGE OF GOODS.
tavin Planting Co., 62.

(H) Limitation of Liability.
Em 56(3) (La.) Purchaser could not terminate em 147 (Fla.) May contract to diminish come
relations and protect vendor.-Grace Realty Co.

mon-law liability.-American Ry. Express Co.
v. Peytavin Planting Co., 62.
Principal held not entitled to sell to pur-

v. Johnson, 743.
chaser produced by agent so as to deprive him hardships of rules of law requiring impossible

May, by contract protect themselves froin
of commission.-Id.
Cam 5772) (La.) Brokers held entitled to full am 1491/2 (Fla.) Contractual provision, limit-

deliveries.-Id.
commissions on sale consummated by princi- ing liability for delays in interstate sbipments
pal.-Grace Realty Co. v. Noel, 51.
w 57(2) (La.) Broker entitled to proportion Ry. Express Co. v. Johnson, 743.

due to strikes, binding on shipper.-American
of agreed commission where principal himself 156(1) (Fla.) Word "strike" in contract,
has consummated transaction for less than limiting carrier's liability for interstate ship-
price fixed.-Grace Realty Co. v. Peytavin ment, held to include "outlaw” strikes.--Amer-
Planting Co., 62.
mm 65(4) (Ala.) Broker's fraud in represent. 162 (Fla.) Carrier's plea alleging impos-.

ican Ry. Express Co. v. Johnson, 743.
ing both vendor and purchaser held to defeat sibility of expeditious delivery due to strike
action for commissions.-Gray v. Pankey, 880held sufficient. -American Ry. Express Co. v.

Broker or agent cannot represent vendor and
Vendee.-Id.

Johnson, 743.
Duty of broker authorized to sell to disclose IV. CARRIAGE OF PASSENGERS.
to principal he is acting for purchaser.-Id. (B) Fares, Tickets, and Special Contracts.
Cm72 (La.) Agreement to purchase stock to
support price thereof construed.-Interstate Cm 256 (Ala.)Carrier may exact extra charge
Trust & Banking Co. v. Laplace, 544.

for passenger's failure to purchase ticket. -
Directors of defunct bank held personally lia Southern Ry. Co. v. Blackwell, 215.
ble under agreement for commissions and in-
terest on purchase of stock of such bank.-Id.

(D) Personal Injuries.
Liability for interest under agreement for uw 300 (La.) Negligence of chauffeur in fail-
purchase of bank stock held to terminate when ing to see automobile coming out of alley held
bank ceased to be going concern.--Id.

to make owner of taxicab liable for injuries

to passenger:-Wilkins v. Featherstone Trans-
V. ACTIONS FOR COMPENSATION.

fer Co., 732.

Om 317 (5) (Ala.) Excluding irrelevant report
Em78 (Ala.) Bill for commissions held not of car inspectors as to condition of car step
prematurely filed.--Erswell v. Ford, 96.

not error.--Bradley v. Lewis, 324.
Swas 84(1). (La.) Burden on principal to estab-m318(7) (La.) Finding that taxicab com-
lish termination of agency by limitation.-Grạce pany and owner of colliding automobile were
Realty Co, v. Noel, 51.

both at fault sustained in passenger's action
Om 86(1) (La.) Evidence held to support judg- for injuries.-Brooks V. Interurban Motor
ment.-Gerth's Realty Experts v. Kracke, 41. Transp. Co., '428.

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OR

OF

w319(3) (Miss.) Liable in substantial damn- , gage given under name other than mortgagor's
ages for conductor's enforcement of separate own held properly denied.--Id.
coach law in offensive manner.-Illinois Cent. Em 150(1) (Ala.) Must be recorded in county
R. Co. y. Cox, 520,

of mortgagor's residence to constitute
Courts will limit damages for insulting pas-structive notice in another county.-Gay &
senger in enforcement of separate coach law; Bruce v. W. B. Smith & Sons, 633.
verdict in excess of $1,000 for offensive and in- Como 155 (Ala.) Purchaser cotton with
sulting manner of enforcement of separate knowledge of mortgage takes no title which
coach law by conductor held excessive.-Id. will defeat action by mortgagee.-Gay & Bruce

v. W. B. Smith & Sons, 633.
(F) Ejection of Passengers and Intruders. 157(2) (Ala.) Evidence held to warrant
C357 (Ala.) Demand of excess fare held not finding defendant became claimant's tenant att-
justified by conductor's ignorance of lack of er chattel mortgage lien was created.-Gilles-
opportunity to purchase ticket.-Southern Ry. pie v. Bartlett & Byers, 858.
Co. v. Blackweli, 215.

Om 157 (3) (Ala.) Whether name in mortgage
Can381 (1) (Ala.) Carrier has burden of show- ( was mortgagor's own, and whether he was so
ing that it afforded passenger reasonable op- generally known, held for jury.-Ingram y. Wat-
portunity to purchase ticket to justify extra son, 557.
charge.-Southern Ry. Co. y. Blackwell, 215.
Com 381(4) (Ala.) Evidence held not to show

IV. RIGHTS AND LIABILITIES OF

PARTIES,
reasonable opportunity afforded passenger to
buy ticket.-Southern Ry. Co. v. Blackweil, 215. Cars 159 (Ala.) Mortgagee of crop has legal ti-

tle and is entitled to possession after crop
CERTIORARI.

gathered.-Gay & Bruce v. W. B. Smith &

Sons, 633.
I. NATURE AND GROUNDS.

Om 172(8) (Ala.) Instruction as to applica-
Om 12 (Fla.) Lies only to review actions of tion of money paid held erroneous.-Monroe
courts, boards, or officers exercising judicial Stock & Exchange Co. v. Thames, 348.
or quasi judicial functions.-Sirmans v. Owen, VII. REMOVAL OR TRANSFER OF PROP-
734.

ERTY BY MORTGAGOR.
Exercise of judgment not only criterion in
determining whether proceeding judicial.-Id.

(A) Rights and Liabilities of Parties.
21 (Fla.) Lies only to review actions of Cwm 229(1) (Ala.) Instruction as to recording
courts, boards, or officers exercising judicial of mortgage and sale by mortgagor without
or quasi judicial functions.-Sirmans v. Owen, landlord's consent held improperly denied.-
734.

Gay & Bruce v. W. B. Smith & Sons, 633.
C23 (Miss.) Order of Railroad Commission Cm 229(3) (Ala.) Burden of showing recorda-
fixing rates not reviewable on certiorari.--Cum- tion in county of mortgagor's residence on
berland Telephone & Telegraph Co. v. State, | plaintiff mortgagee.-Gay & Bruce v. W. B.
378.

Smith & Sons, 633.
25 (Fla.) Appointment of municipal offi- Evidence held admissible to show good title
cers not judicial proceeding.--Sirmans v. Ow- of defendant purchaser from mortgagor.-Id.

VIII. PAYMENT

PERFORMANCE
II. PROCEEDINGS AND DETERMINATION.

CONDITION, RELEASE, AND

SATISFACTION.
40 (Ala.) Petition pot filed within 15 days 235 (Ala.) Proceeds of mortgaged prop-
too late.-Ex parte Taylor, 331.
Cm 42(6) (La.) Affidavit to petition for cer-

erty or that charged with lien applied to debt
tiorari held sufficient.--Kinchen v. Redmond, Monroe Stock & Exchange Co. v. Thames, 318

secured, in absence of contrary agreement.-
607.
CHANCERY.

CHILDREN.
See Equity.

See Infants; Parent and Child.
CHATTEL MORTGAGES.

CITIES.
I. REQUISITES AND VALIDITY.

See Municipal Corporations.
(C) Execation and Delivery.
C 68 (Ala.) Admission by one joint and sev-

CLASS LEGISLATION,
eral mortgagor held sufficient to charge him, See Constitutional Law, em 212–253.
without producing or accounting for attesting
witness.-Gillespie v. Bartlett & Byers, S5S.

CLERKS OF COURTS.
III. CONSTRUCTION AND OPERATION.

em 65 (La.) Statute authorizing clerks to or-

der family meetings and homologate their pro-
(D) Lien and Priority.

ceedings held valid.-Cole v. Richmond, 419.
Cam 138(3) (Ala.) Lien crops held superior to (ww66 (La.). Clerk held authorized to appoint
landlord's lien, where relation of landlord and members of family meeting.--Cole v. Richmond,
tenant was_subsequently created.--Gillespie v. 419.
Bartlett & Byers, 858.

COMMERCE.
cm 150(1) (Ala.) Recording of mortgage given 1. POWER TO REGULATE IN GENERAL.
under name other than mortgagor's own not
notice to subsequent mortgages.-Ingram v. Cw8(1) (Miss.) Statutes and regulations of
Watson, 557.

Interstate Commerce Commission binding on
Instruction as to effect of recordation of both federal and state courts.--Stoner & Co. v.
mortgage under name other than mortgagor's Blocton Export Coal Co., 5.
own neid proper.--Id.

Cm8(13) (Fla.) Carrier's contractual rela-
Instruction as to effect of use by mortgagor tions to shipper in interstate shipments fed-
of name not his own held proper.-Id.

eral question.-American Ry. Express Co. F.
Instruction as to mortgagor's use of name Johnson, 713.
not his own as constituting notice to subse-
quent mortgagee held proper.-Id.

II. SUBJECTS OF REGULATION.
Instruction as to effect of recording mortgage ww27 (2) (Ala.). Under federal Employers'
under nickname held proper.--Id.

Liability Act plaintiff must show defendant en-
Instruction as to rights of mortgagee dealing gaged in interstate commerce.-Southern Ry.
with mortgagor under name different than used Co. v. Dickson, 665.
in prior mortgage, held properly refused.--Id. (w27 (6) (Miss.) Action governed by federal
Instruction as to effect of recording of mort-| Employers' Liability Act where employee and

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For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
railroad were engaged in interstate commerce.

III. DISTRIBUTION OF GOVERNMENTAL
-New Orleans & N. E. R. Co. v. Penton, 521.

POWERS AND FUNCTIONS.
Om 40(1) Ala.App.) Foreign corporation's (A) Legislative Powers and Delegation
sale to retailer interstate commerce, but as-

Thereof.
sisting retailer to resell goods domestic com- m56 (La.). Statute authorizing clerks to or-
merce.--City of Birmingham v. Hoover Suction der family meetings and homologate their pro-
Sweeper Co., 83.

ceedings held valid.—Coie v. Richmond, 419.
III. MEANS AND METHODS OF REGULA- risdiction of Supreme Court and decrease ju-

-56 (La.) When Legislature may add to ju.
TION.

risdiction of courts of appeal stated.-Perez v.
69 (Ala.App.) Foreign corporation's as- Cognevich, 444.
sisting retailer to resell goods domestic com- 60 (Fla.) Lawmaking function of Legisla-
merce, subject to municipal license tax.-City ture may not be abdicated.-Pursley v. City of
of Birmingham y. Hoover Suction Sweeper Co., Ft. Myers, 366.
83.

Cw63(1) (La.) State may delegate to munic-
IV. INTERSTATE COMMERCE COM- ipal corporation or commission rate-making
MISSION.

powers.-- Baton Rouge Waterworks Co. v. Lou-
88 (Miss.) Preferential car service order isiana Public Service Commission, 710.
of Interstaté Commerce Commission, con-

Cum 63(2) (Fla.) Delegation of legislative pow.
strued.-Stoner & Co. v. Blocton Export Coal er to municipality in matters forming appro-
Co., 5.

priate subjects of municipal regulation valid.

Pursley v. City of Ft. Myers, 366.
COMMERCIAL PAPER.

(B) Judicial Powers and Functions.
See Bills and Notes.

Ow70(1) (Ala.App.) Courts without author.
COMMISSIONERS.

ity to vary written statutory law.-Wilson v.

State, 914.
See Public Service Commissions.

Ow70(1), (Fla.). Legislative determination

as to whether notice of application for local or
COMMON LAW.

special legislation has been given is conclusive.

-State v. Fearnside, 256.
Om 14 (Fla.) Common law may be changed by m70(3) (Ala.) Court cannot question wis-
statute.--State y. Parker, 260.

dom of legislation or limit legislative power.--

Bouchelle v. State Highway Commission, 884.
COMMUNITY PROPERTY.

IV. POLICE POWER IN GENERAL.
See Husband and Wife, ww249–273.

Om81 (Ala.) Power to regulate rates of pub-

lic utilities is within police power.-Alabama
COMPROMISE AND SETTLEMENT. Water Co. v. City of Attalla, 490.
See Accord and Satisfaction.

Police power cannot be abridged or suspend-

ed by contract between citizens of state or mu-
Cw5(3) (La.) Compromise between heirs nicipality and citizen.-Id.
must be in writing.-Succession of Derigny, C81(Ala.) Police power as to nuisances
251.

limited to prohibition or regulation of acts in-

terfering with another's
CONDEMNATION.

rights.--Alabama

Great Southern R. Co. y. Cummings, 553.
See Eminent Domain.

X. EQUAL PROTECTION OF LAWS.
CONSPIRACY.

Oma 212 (Fla.) When principles of nonliability

and damnum absque injuria inapplicable.-Max-
I. CIVIL LIABILITY.

well v. City of Miami, 147.
(A) Acts Constituting Conspiracy and Li-
ability Therefor.

XI. DUE PROCESS OF LAW.
w8 (La.) Life insurance companies held not 253 (Fla.) Unreasonable or unnecessary.
liable for refusing to have business dealings exertion of municipal authority or police pow-
with plaintiff insurance solicitor.-McGee v. er impairing private rights unconstitutional.-
Collins, 430.

Maxwell v. City of Miami, 147,

When principles of nonliability and damnum
II. CRIMINAL RESPONSIBILITY. absque injuria inapplicable.-Id.
(B) Prosecution and Punishment.

~277(1) (Ala.) Right to use, property not

arbitrarily taken.--Alabama Great Southern R.
Ow47 (Ala.App.) Provable by circumstantial Co. v. Cumminga. 553.
evidence.-Dawkins y. State, 619.

Abandoned well held property enjoyment of

which protected.-Id.
CONSTITUTIONAL LAW.

Cum292" (Fla.) Ordinance prohibiting operation

of motor vehicles while intoxicated held not
See Statutes, 97-125.

violative of due process clause.--State v. Par-
For validity of statutes relating to particular | ker, 260.
subjects, see also the various specific topics.

CONTINUANCE.
II, CONSTRUCTION, OPERATION, AND EN- | See Criminal Law, 586-600.
FORCEMENT OF CONSTITUTIONAL
PROVISIONS.

CONTRACTS.
O 12 (Ala.) Principles of constitutional con See Bills and Notes; Compromise and Settle-
struction stated.-Bouchelle v. State Highway ment; Covenants; Frauds, Statute of; Guar-
Commission, 884.

anty; Indemnity; Novation; Sales; Spe-
Om 15 (Ala.) Interpreted in light of laws ex- cific Performance; Vendor and Purchaser.
isting at time of its formulation.-Bouchelle v.
State Highway Commission, 884.

I. REQUISITES AND VALIDITY.
Can 16 (Ala.) Extraneous representations by

(A) Nature and Essentials in General.
newspapers, public officials, etc., not considered Curs 10(2) (Miss.) Contract for permanent em-
in construing constitutional amendment author- ployment held terminable at pleasure of either
izing road construction.-Bouchelle v. State party.--Rape v. Mobile & O. R. Co., 585.
Highway Commission, 884.
Om 17 (Fla.) Adoption of organic law relates

(C) Formal Requisites.
to statutes changing common law.-State y. -42 (Ala.) Nonnegotiable instrument to be
Parker, 260.

delivered to obligee only on securing signature,

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