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INDEX-DIGEST

For cases in Dec.Dig. & Am. Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

XVII. DETERMINATION AND DISPOSI-

TION OF

CAUSE.

(A) Decision in General.

1106(4) (L.) Motion to remand to take
new evidence held unreasonable because of de-
lay. Givens v. De Soto Bldg. Co., 534.

22 (Ala.App.) Ownership of property
burned of no moment. -Cobb v. State, 463.

34 (Ala.App.) Competent to prove unusual
solicitousness with reference to insurance on
adjoining building.-Cobb v. State, 463.

ASSAULT AND BATTERY.

1123 (Fla.) Judgment affirmed when appel-
late court equally divided.-Muller & Auerback See Homicide.
v. Cowart, 156.

1123 (Fla.) Judgment affirmed where ap-
pellate court equally divided.-James v. Mach,
271.

I. CIVIL LIABILITY.

(A) Acts Constituting Assault or Battery
and Liability Therefor.

1123 (Fla.) Judgment affirmed where court
equally divided.-Colman v. Macha, 796; State (Ala.) Pointing pistol may constitute as-
v. Hamwey, 796.

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1149 (Ala.) Appellate court, if having
proper data, could amend judgment to allow
costs to party struck out.-Richardson v. Stin-
son, 209.

(D) Reversal.

sault.-John R. Thompson & Co. v. Vildibill,
139.

2 (Ala.) Licensee wrongfully ejected may
recover for an assault committed upon him.-
Brookside-Pratt Mining Co. v. Booth, 240.
15 (Ala) Merchant may withdraw invita-
tion to trade and thereafter eject person from
whom invitation withdrawn. - Brookside-Pratt
Mining Co. v. Booth, 240.

(B) Actions.

24(1) (Ala.) Complaint held to state cause
of action. Harris v. Harris, 333.

1173(1) (Miss.) Judgment against all part-24 (2) (Ala.) Replication held sufficient as
ners when evidence authorizes judgment
against only one reversed in part and affirmed 26 (Ala.) Physical pain, mental pain, or
in part. Wise v. Cobb, 189.

against demurrer. Harris v. Harris, 333.
anguish inferred from fright from assault with
pistol. John R. Thompson & Co. v. Vildibill,
139.

1175 (7) (Ala.) Decree overruling demurrer
improperly sustained below entered by, Supreme
Court. Thompson v. Menefee, 107; Frazier v. 31 (Ala.) Answer of defendant, "I knew
Frazier, 118.

1178(6) (Miss.) Case remanded for trial
merely as to damages. where Supreme Court
has determined that defendant is liable.-F. W.
Woolworth Co. v. Volking, 3.

(F) Mandate and Proceedings in Lower

Court.

I had not hurt her," held admissible as within
probable knowledge.-Harris v. Harris, 333.
38 (Ala.) Refusal of charge denying recov-
ery for abusive or profane language held prop-
er.-John R. Thompson & Co. v. Vildibill, 139.

39 (Ala) Punitive damages may be award-
ed for assault, accompanied by insulting words.
-John R. Thompson & Co. v. Vildibill, 139.
1203(5) (Ala.) On remand bill held prop-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.

XVIII. LIABILITIES ON BONDS AND

UNDERTAKINGS.

1232 (Miss.) Rule as to liability on super-

v. Vildibill, 139.

II. CRIMINAL RESPONSIBILITY.
(B) Prosecution and Punishment.

sedeas bond on affirmance as to one and rever-85 (Ala.App.) 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 damages86 (Fla) Exclusion of evidence that of-

in action for possession of life policy will be
rendered on appeal stated.-Garner v. Townes,
20.

APPEARANCE.

(3) (Ala.) Filing of demurrer and pro-
ceeding to hearing thereon held appearance.-
Forrester v. Granberry, 551.

ficer charged with assault had reasonable
ground to believe that prosecuting witness ar-
rested without warrant had committed felony
held erroneous.-Osborne v. State, 365.

96(3) (Ala.) Charge on self-defense held
properly refused for failure to define degree
of force permissible.-Burge v. Scarbrough,
653.

ASSESSMENT.

24(5) (Ala.) Filing of demurrer and pro-
ceeding to hearing thereon held_appearance,
waiving objection to service. Forrester v. See Drains, 91; Municipal Corporations,
Granberry, 551.

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365(1) (La.) Defenses available against
original payee cannot be urged against bona
fide holder for value. City Sav. Bank & Trust

43 (Ala.App.) Granting automobilist in- Co. v. Goodman, 66.
dicted for murder in first degree bail held not365(2) (Miss.) Maker of note bearing date
error.-State v. Massey, 625.

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363 (Ala.) Proof and filing of claim

of secular day estopped as against innocent
holder to show execution on Sunday. Currie-
McGraw Co. v. H. & J. Friedman, 273.

369 (Miss.) Payee's negotiation of instru-
ment in violation of agreement with payer no
defense as against innocent purchaser for val-
ue without notice. - Currie-McGraw Co. v. H. &
J. Friedman, 273.

370 (a.) Absence or failure of considera-
tion not defense against bona fide holder in due
course. City Sav. Bank & Trust Co. v. Good-
man, 66.

VIII. ACTIONS.

452 (2) (La.) Defendant held not entitled
to contest title of holder of notes. Quick v.
Littlejohn, 531.

476(1) (Fla.) Plea of want of considera-
tion, merely averring that note was without
consideration, insufficient. Davis v. American
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-
inal debtor. Tuscaloosa Lumber Co. v. Trop-
ical Paint & Oil Co., 236.

BANKS AND BANKING.

I. CONTROL AND REGULATION IN
GENERAL.

15 (Miss.) Cashier's check guaranteed.-
Anderson v. Bank of Tupelo, 179.

15 (Miss.) State funds deposited in bank
which has not qualified as depository protected
by guaranty fund.-Love v. Murry, 277.

III. FUNCTIONS AND DEALINGS.
(F) Exchange, Money, Securities, and In-

vestments.

189 (Miss.) "Cashier's check" defined.-
Anderson v. Bank of Tupelo, 179.
Instrument held cashier's check.-Id.

BENEFICIAL ASSOCIATIONS.

See Insurance,690-817.

BILL OF EXCEPTIONS.

See Exceptions, Bill of.

BILL OF REVIEW.

See Equity, 445-460.

BILLS AND NOTES.

I. REQUISITES AND VALIDITY,

(C) Execution and Delivery.

54 (Ala.App.) Failure of execution of note
to constitute waiver of exemptions, or mort-
gage, held not to affect liability on promise
to pay.-Planters' Chemical & Oil Co. v. Mor -
ris, 200.

Execution of notes by mark held sufficient as
promise to pay.-Id.

III. MODIFICATION, RENEWAL, AND

RESCISSION.

ducing indorsements of notes held relevant un-
der defense of conditional indorsement.-Lang-
ham v. Jackson, 757.

489(3) (La.) Maker must challenge hold-
er's good faith before proving fraud or want
or failure of consideration.- City Sav. Bank &
Trust Co. v. Goodman, 66.

Answer held insufficient to admit evidence of
defects in property for which note sued on
given.-Id.

504 (Ala.) Interest in bank of persons se-
curing defendants' indorsement on notes and
its affairs held provable.-Langham v. Jackson,
757.

537 (1) (Ala.) Manner of perpetration of
fraud on indorsers of draft held for jury.-
Moore v. First Nat. Bank, 349.

Negligence of indorsers of draft, to which
draft for smaller amount was pasted, held for
jury.-Id.

BOUNDARIES.

I. DESCRIPTION.

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37 (1) (La.) Evidence held to show good
faith of party to boundary dispute. Davis v.
Moore, 691.

54(1) (Fla.) Corners marked in surveys
returned by Surveyor General established as
proper corners of sections or subdivisions.-
Kirch v. Persinger, 166. Kirch v. Florida High-
lands Co., 169.

Boundary lines run and marked in surveys re-
turned by Surveyor General established as
139(1) (Ala.) Partial payment before matu- boundary lines of sections or subdivisions.-Id.
rity is consideration for extension.-Ray v. 54 (4) (Fla.) Grantee in patent from gov-
Summerlin, 482.
ernment takes according to original survey.-

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.

Description and plat filed in General Land
Office made by Surveyor General conclusive as
to section lines and corners.-Id.

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IV. COMPENSATION AND LIEN.

40(L) Claim that stock was purchased
at unauthorized price could not be made after
acquiescence.-Interstate Trust & Banking Co.
v. Laplace, 544.

46 (L.) Principal's right to sell without
agent's intervention, stated.-Grace Realty Co.
v. Peytavin Planting Co., 62.

AS TO THIRD PERSONS.

(La.) Power held to authorize broker's
acceptance for principal of offer to purchase.
-Fassbender v. Ghergich, 436.

That offer to purchase made subject to lease
held not to affect vendor's liability after ac-
ceptance.-Id.

Stipulation as to notary public before whom
sale to be passed held not to affect vendor's lia-
bility to convey.-Id.

105 (L.) Knowledge of broker as to il-
legality of price held imputable to both buyer
and seller.-J. & G. Lippman v. Rice Millers'
Distributing Co., 685.

BURGLARY.

II. PROSECUTION AND PUNISHΜΕΝΤ.

31 (Ala.App.) Acts of vandalism on porch
of burglarized house held admissible.-Hasty v.
State, 561.

38 (Ala. App.) That stolen chickens were
seen in defendant's yard held admissible in
burglary prosecution.-Hasty v. State, 561.

CANCELLATION OF INSTRUMENTS.
II. PROCEEDINGS AND RELIEF.

37(4) (Ala.) Bill to cancel contract held
not demurrable for failure to offer to place de-
fendants in statu quo.-Frazier v. Frazier, 118.

CARRIERS.

I. CONTROL AND REGULATION OF

COMMON CARRIERS.

(A) In General.

(L.) Penal statute

as

to adjusting
claim strictly construed.-Daniel v. Louisiana
Ry. & Nav. Co., 684.

48 (Ala.) Broker producing customer ready, 20(1) (La.) Failure to file claim at place.

able, and willing to buy within time allowed
entitled to commissions. Wheelock v. Dillard,
840.

55(1) (La.) Principal may deny agent ex-
clusive right of sale.--Grace Realty Co. v. Pey-
tavin Planting Co., 62.

56(3) (a.) Purchaser could not terminate
relations and protect vendor.-Grace Realty Co.
v. Peytavin Planting Co., 62.

Principal held not entitled to sell to pur-
chaser produced by agent so as to deprive him

of commission.-Id.

57(2) (L.) Brokers held entitled to full
commissions on sale consummated by princi-
pal.-Grace Realty Co. v. Noel, 51.

57(2) (L.) Broker entitled to proportion
of agreed commission where principal himself
has consummated transaction for less than
price fixed.-Grace Realty Co. v. Peytavin
Planting Co., 62.

ing both vendor and purchaser held to defeat

prescribed in statute precludes recovery of
statutory penalty for delay in payment.-Dan-
iel v. Louisiana Ry, & Nav. Co., 684.

II. CARRIAGE OF GOODS.
(H) Limitation of Liability.

147 (Fla.) May contract to diminish com-
mon-law liability.-American Ry. Express Co.
v. Johnson, 743.

May by contract protect themselves from
hardships of rules of law requiring impossible

deliveries.-Id.

1492 (Fla) Contractual provision, limit-
ing liability for delays in interstate shipments
due to strikes, binding on shipper.-American
Ry. Express Co. v. Johnson, 743.

156(1) (Fla.) Word "strike" in contract,
limiting carrier's liability for interstate ship-

ment, held to include "outlaw" strikes.-Amer-
ican Ry. Express Co. v. Johnson, 743.

65(4) (Ala.) Broker's fraud in represent-162 (Fla) Carrier's plea alleging impos-
action for commissions. Gray v. Pankey, 880. sibility of expeditious delivery due to strike

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

Duty of broker authorized to sell to disclose
to principal he is acting for purchaser.-Id.

held sufficient.-American Ry. Express Co. v.
Johnson, 743.

IV. CARRIAGE OF PASSENGERS.

(B) Fares, Tickets, and Special Contracts.
256 (Ala.) Carrier may exact extra charge
for passenger's failure to purchase ticket.-
Southern Ry. Co. v. Blackwell, 215.

72 (L.) Agreement to purchase stock to
support price thereof construed.-Interstate
Trust & Banking Co. v. Laplace, 544.
Directors of defunct bank held personally lia-
ble under agreement for commissions and in-
terest on purchase of stock of such bank.-Id.
Liability for interest under agreement for 300 (La.) Negligence of chauffeur in fail-

purchase of bank stock held to terminate when
bank ceased to be going concern.-Id.

(D) Personal Injuries.

ing to see automobile coming out of alley held
to make owner of taxicab liable for injuries
to passenger.-Wilkins v. Featherstone Trans-
fer Co., 732.

V. ACTIONS FOR COMPENSATION.
78 (Ala.) Bill for commissions held not of car inspectors as to condition of car step
prematurely filed.-Erswell v. Ford, 96.

317(5) (Ala.) Excluding irrelevant report
not error.-Bradley v. Lewis, 324.

84(1) (La.) Burden on principal to estab-318(7) (La.) Finding that taxicab com-

lish termination of agency by limitation. Grace
Realty Co. v. Noel, 51.

86(1) (La.) Evidence held to support judg-
ment. Gerth's Realty Experts v. Kracke, 41.

pany and owner of colliding automobile were
both at fault sustained in passenger's action
for injuries.-Brook V. Interurban Motor
Transp. Co., 428.

319(3) (Miss.) Liable in substantial dam-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. 150(1)(Ala.) Must be recorded in county
R. Co. v. Cox, 520.

Courts will limit damages for insulting pas-
senger in enforcement of separate coach law;
verdict in excess of $1,000 for offensive and in-
sulting manner of enforcement of separate
coach law by conductor held excessive.-Id.

of mortgagor's residence to constitute con-
structive notice in another county.-Gay &
Bruce v. W. B. Smith & Sons, 633.

155 (Ala.) Purchaser of cotton with
knowledge of mortgage takes no title which
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

357 (Ala.) Demand of excess fare held not
justified by conductor's ignorance of lack of
opportunity to purchase ticket.-Southern Ry.
Co. v. Blackwell, 215.

381(1) (Ala.) Carrier has burden of show-
ing that it afforded passenger reasonable op-
portunity to purchase ticket to justify extra
charge. Southern Ry. Co. v. Blackwell, 215.

381(4) (Ala.) Evidence held not to show
reasonable opportunity afforded passenger to
buy ticket. Southern Ry. Co. v. Blackwell, 215

CERTIORARI.

I. NATURE AND GROUNDS.

12(Fla.) Lies only to review actions of
courts, boards, or officers exercising judicial
or quasi judicial functions. Sirmans v. Owen,
734.

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

21 (Fla) Lies only to review actions of
courts, boards, or officers exercising judicial
or quasi judicial functions.-Sirmans v. Owen,
734.

finding defendant became claimant's tenant aft-
er chattel mortgage lien was created.-Gilles-
pie v. Bartlett & Byers, 858.

157 (3) (Ala.) Whether name in mortgage
was mortgagor's own, and whether he was so
generally known, held for jury.-Ingram v. Wat-
son, 557.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

159 (Ala) Mortgagee of crop has legal ti-
tle and is entitled to possession after crop
gathered.-Gay & Bruce v. W. B. Smith &
Sons, 633.

172(8) (Ala.) Instruction as to applica-
tion of money paid held erroneous. -Monroe
Stock & Exchange Co. v. Thames, 348.

VII. REMOVAL OR TRANSFER OF PROP-
ERTY BY MORTGAGOR.

(A) Rights and Liabilities of Parties.

229(1) (Ala.) Instruction as to recording
of mortgage and sale by mortgagor without
landlord's consent held improperly denied.-
Gay & Bruce v. W. B. Smith & Sons, 633.

23 (Miss.) Order of Railroad Commission229(3) (Ala.) Burden of showing recorda-

fixing rates not reviewable on certiorari. Cum-
berland Telephone & Telegraph Co. v. State,
378.

25(Fla.) Appointment of municipal offi-
cers not judicial proceeding.--Sirmans v. Ow-
en, 734.

II. PROCEEDINGS AND DETERMINATION.

tion in county of mortgagor's residence on
plaintiff mortgagee. -Gay & Bruce v. W. B.
Smith & Sons, 633.

Evidence held admissible to show good title
of defendant purchaser from mortgagor.-Id.

VIII. PAYMENT OR PERFORMANCE OF
CONDITION, RELEASE, AND
SATISFACTION.

40 (Ala.) Petition not filed within 15 days 235 (Ala.) Proceeds of mortgaged prop-
too late. Ex parte Taylor, 331.

42(6) (La.) Affidavit to petition for cer-

tiorari held sufficient.-Kinchen v. Redmond,

607.

See Equity.

CHANCERY.

CHATTEL MORTGAGES.

I. REQUISITES AND VALIDITY.
(C) Execution and Delivery.

erty or that charged with lien applied to debt
secured, in absence of contrary agreement.-

Monroe Stock & Exchange Co. v. Thames, 348.

CHILDREN.
See Infants; Parent and Child.
CITIES.

See Municipal Corporations.

CLASS LEGISLATION.

68 (Ala.) Admission by one joint and sev-
eral mortgagor held sufficient to charge him, See Constitutional Law, 212-253.
without producing or accounting for attesting
witness.-Gillespie v. Bartlett & Byers, 858.

III. CONSTRUCTION AND OPERATION.
(D) Lien and Priority.

138(3) (Ala.) Lien crops held superior to
landlord's lien, where relation of landlord and
tenant was subsequently created.-Gillespie v.
Bartlett & Byers, 858.

150(1) (Ala.) Recording of mortgage given
under name other than mortgagor's own not
notice to subsequent mortgages.-Ingram v.
Watson, 557.

Instruction as to effect of recordation of
mortgage under name other than mortgagor's
own held proper.-Id.

Instruction as to effect of use by mortgagor
of name not his own held proper.-Id.

Instruction as to mortgagor's use of name
not his own as constituting notice to subse-
quent mortgagee held proper.-Id.

CLERKS OF COURTS.

65 (L.) Statute authorizing clerks to or-
der family meetings and homologate their pro-
ceedings held valid. Cole v. Richmond, 419.

66 (La.) Clerk held authorized to appoint
members of family meeting. -Cole v. Richmond,
419.

COMMERCE.

I. POWER TO REGULATE IN GENERAL.
(1) (Miss.) Statutes and regulations of
Interstate Commerce Commission binding on
both federal and state courts. Stoner & Co, v.
Blocton Export Coal Co., 5.

8(13) (Fla.) Carrier's contractual rela-
tions to shipper in interstate shipments fed-
eral question.-American Ry. Express Co. v.
Johnson, 743.

II. SUBJECTS OF REGULATION.

Instruction as to effect of recording mortgage27(2) (Ala.) Under federal Employers'
under nickname held proper.-Id.

Instruction as to rights of mortgagee dealing
with mortgagor under name different than used
in prior mortgage, held properly refused.-Id.

Liability Act plaintiff must show defendant en-
gaged in interstate commerce.-Southern Ry.
Co. v. Dickson, 665.

27(6) (Miss.) Action governed by federal

Instruction as to effect of recording of mort-Employers' Liability Act where employee and

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.

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-56 (La.) Statute authorizing clerks to or-
merce. -City of Birmingham v. Hoover Suction der family meetings and homologate their pro-
Sweeper Co., 83.

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88 (Miss.) Preferential car service order

ceedings held valid. Cole v. Richmond, 419.
56 (La) When Legislature may add to ju
risdiction of Supreme Court and decrease ju-
risdiction of courts of appeal stated.-Perez v.
Cognevich, 444.

60 (Fla.) Lawmaking function of Legisla-
ture may not be abdicated.-Pursley v. City of
Ft. Myers, 366.

63(1)(La.) State may delegate to munic-
ipal corporation or commission rate-making
powers. Baton Rouge Waterworks Co. v. Lou-
isiana Public Service Commission, 710.

of Interstate Commerce Commission, con- 63(2) (Fla.) Delegation of legislative pow-
strued.-Stoner & Co. v. Blocton Export Coal
Co., 5.

COMMERCIAL PAPER.

See Bills and Notes.

COMMISSIONERS.

See Public Service Commissions.

COMMON LAW.

er to municipality in matters forming appro-
priate subjects of municipal regulation valid.-
Pursley v. City of Ft. Myers, 366.

(B) Judicial Powers and Functions.
70(1) (Ala.App.) Courts without author-
ity to vary written statutory law. Wilson v.
State, 914.

70(1) (Fla.) Legislative determination
as to whether notice of application for local or
special legislation has been given is conclusive.
-State v. Fearnside, 256.

14(Fla) Common law may be changed by 70(3) (Ala.) Court cannot question wis-
statute.-State v. Parker, 260.

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dom of legislation or limit legislative power.-
Bouchelle v. State Highway Commission, 884.

IV. POLICE POWER IN GENERAL.
81 (Ala) Power to regulate rates of pub-
lic utilities is within police power.-Alabama
Water Co. v. City of Attalla, 490.

Police power cannot be abridged or suspend-
ed by contract between citizens of state or mu-
nicipality and citizen.-Id.

81 (Ala.) Police power as to nuisances
limited to prohibition or regulation of acts in-
terfering with another's rights. -Alabama
Great Southern R. Co. v. Cummings, 553.

X. EQUAL PROTECTION OF LAWS.

212 (Fla) When principles of nonliability
and damnum absque injuria inapplicable.-Max-
well v. City of Miami, 147.

XI. DUE PROCESS OF LAW..

(La) Life insurance companies held not253 (Fla.) Unreasonable or unnecessary

liable for refusing to have business dealings
with plaintiff insurance solicitor.-McGee v.
Collins, 430.

II. CRIMINAL RESPONSIBILITY.
(B) Prosecution and Punishment.
47 (Ala.App.) Provable by circumstantial
evidence.-Dawkins y. State, 619.

CONSTITUTIONAL LAW.

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For validity of statutes relating to particular
subjects, see also the various specific topics.

II. CONSTRUCTION, OPERATION, AND EN-
FORCEMENT OF CONSTITUTIONAL
PROVISIONS.

12(Ala) Principles of constitutional con-
struction stated.-Bouchelle v. State Highway
Commission, 884.

15 (Ala.) Interpreted in light of laws ex-
isting at time of its formulation.-Bouchelle v.
State Highway Commission, 884.

exertion of municipal authority or police pow-
er impairing private rights unconstitutional.-
Maxwell v. City of Miami, 147.

When principles of nonliability and damnum
absque injuria inapplicable.-Id.

277(1) (Ala.) Right to use property not
arbitrarily taken.-Alabama Great Southern R.
Co. v. Cummings, 553.

Abandoned well held property enjoyment of
which protected.-Id.

292 (Fla.) Ordinance prohibiting operation
of motor vehicles while intoxicated held not
violative of due process clause.-State v. Par-
ker, 260.

CONTINUANCE.

See Criminal Law, 586-600

CONTRACTS.

See Bills and Notes; Compromise and Settle-
ment; Covenants; Frauds, Statute of; Guar-
anty; Indemnity; Novation; Sales; Spe-
cific Performance; Vendor and Purchaser.

I. REQUISITES AND VALIDITY.
16(Ala.) Extraneous representations by
(A) Nature and Essentials in General.
newspapers, public officials, etc., not considered 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
Highway Commission, 884.

party. Rape v. Mobile & O. R. Co., 585.

(C) Formal Requisites.

17 (Fla.) Adoption of organic law relates
to statutes changing common law. -State v. 42 (Ala.) Nonnegotiable instrument to be
Parker, 260.

delivered to obligee only on securing signature,

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