For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
III. RIGHTS OF SURVIVING HUSBAND,
(B) Admissibility in General.
WIFE, CHILDREN, OR HEIRS.
156(2) (La.) Declaration of accused
135 (Ala.) Law as to homestead in effect shortly after shooting held admissible on issue
at death of ancestor held to apply to suit by of malice.-State v. Poole, 613.
heir to recover land.-Bodeker v. Tutwiler, 776. ~158(1) (Ala.) Defendant's statement of
141(1) (Ala.) Residence in state of a dece-purpose to have "reckoning" with deceased held
dent husband at time of death necessary to properly admitted.-Husch v. State, 321.
give homestead to widow.-Lucky v. Roberts, 158(1) (Ala.) Evidence of threat
878.
Husband is "nonresident" on ceasing to dwell
within state for uncertain period, without defi-
nite intention of returning.-Id.
drawing of gun some hours previous admissi-
ble.-Davidson v. State, 641.
~158(1) (Ala.App.) Statements of defendant
held inadmissible as not showing threat.-Sav-
age v. State, 919.
Failure to require petitioner for homestead
to answer interrogatories as to residence and 163(1) (Ala.App.) Admission of evidence
purpose to sell lands, not error.-Id.
as to accused's violent character held error:-
Brown v. State, 616.
Interrogatories as to residence of deceased
owner of lands held pertinent.-Id.
142(1) (Ala.) Residence in state of a de-
cedent husband at time of death necessary to
give homestead to minor children.-Lucky v.
Roberts, 878.
Husband is "nonresident" on ceasing to dwell
within state for uncertain period, without defi-
nite intention of returning.-Id.
144 (Ala.) Sum paid to widow in lieu of
homestead held hers absolutely.-Matthews v.
Lovelady, 855.
146 (Ala.) Homestead of widow destroyed
by conveyance.-Bodeker v. Tutwiler, 776.
~150(1) (Ala,) Bill held not to aver facts
bringing it within statute as to exemption in lieu
of homestead.-Frazier v Frazier, 118.
Persons held necessary parties to widow's
suit to have land set apart to her as homestead.
-Id.
Widow's bill to set apart homestead held
sufficient to show that she and son were. de-
ceased's only heirs.-Id.
That parties to widow's suit to set apart
homestead were all of deceased's heirs and next
of kin held sufficiently averred.-Id.
150(1) (Ala.) In establishing domicile of
deceased as affecting widow's right to home-
stead, burden was on contestant.-Lucky v.
Roberts, 878.
Evidence as to domicile held insufficient to
sustain contestant's burden of proof.-Id.
152 (Ala.) Widow held entitled to have
property set aside as homestead.-Davis v.
Davis, 345.
163(1) (Ala.App.) Whether deceased had
had previous difficulty held irrelevant.-Savage
v. State, 919.
163(2) (Ala.App.) On issue of character
of deceased for peace and quiet, question as to
general character held properly excluded.-Mc-
Gimpsey v. State, 628.
169(8) (Miss.) Rule stated as to admissi-
bility of statements of deceased prior to killing.
-Cain v. State, 578.
174 (7) (Ala.App.) Testimony as to wheth-
er accused passed himself off as a preacher
held irrelevant, immaterial.-Gilbert v. State,
566.
180 (Ala.) Exclusion of testimony as to
fear of wife to stay with husband after homi-
cide because of drunken condition held not er-
roneous.-Cagle v. State. 318.
188(1) (Ala.App.) Proof of deceased's rep-
utation as "overbearing" held admissible.-
Savage v. State, 919.
190 (1) (La.) Evidence of threats by de-
ceased. few minutes before killing, held inad-
missible.-State v. Poole, 613.
192 (Ala.App.) Testimony of company man-
ager that he had instructed deceased to co-
operate with defendant, a deputy sheriff, held
admissible.-Savage v. State, 919.
(C) Dying Declarations.
203 (3) (Ala.) Statement held properly ad-
mitted as dying declaration.-Husch v. State,
321.
203(3) (Ala.) Dying declaration held prop-
erly admitted.-Davidson v. State, 641.
VIII. TRIAL.
(B) Questions for Jury.
17 (Ala.App.) Killing one while intending
to kill another does not change offense.-Gil-276 (Ala.App.) Questions as to fault, pos-
bert v. State, 566.
22(1) (Ala.App.) Conditions under which
automobilist may be guilty of murder in first
degree for death in railroad crossing collision.
-State y Massey, 625.
23(1) (Fla.) "Murder in second degree"
defined.-Cruce v. State, 264.
III. MANSLAUGHTER.
62 (Ala.App.) Automobilist, accidentally
driving into train while in commission of un-
lawful act, guilty of manslaughter for death of
occupant.-State v. Massey, 625.
77 (Ala.App.) "Manslaughter in first de-
gree" defined.-Savage v State, 919.
81 (Ala.) Drunkenness not defense to
either degree of manslaughter.-Cagle v. State,
318.
V. EXCUSABLE OR JUSTIFIABLE
HOMICIDE.
112(4) (Miss.) Aggressor resisting evic-
tion by owner of premises not entitled to plead
self-defense.-Cotton v. State, 383.
(A) Presumptions and Burden of Proof.
151(3) (Ala.) Instruction as to burden of
proving necessity for taking life held reversible
error.-Perry v. State, 842.
sibility of retreat, and necessity to shoot, held
for jury.-Savage v. State, 919.
286(1) (Ala.) Requested charge that de-
fendant could not be convicted if no intent to
kill decedent held properly refused.-Scott v.
State, 211.
295(1) (Ala.App.) Refusal of instruction
that, if killing was result of passion aroused
by blow, accused was not guilty of murder, held
error.-Brown v. State, 616.
300(3) (Ala.App.) Instruction as to ele-
ments of self-defense and burden to prove
defendant at fault held properly denied.-Bell v.
State, 196.
300 (3) (Ala.App.) Refusal of instruction
as to self-defense held error.-Brown v. State,
616.
300(7) (Fla.) When refusal to charge on
law of self-defense not error stated.-Cruce v.
State, 264.
300 (11) (La.) Instruction concerning duty
to retreat when attacked at home or place of
residence held properly refused.-State
Poole, 613.
300 (12) (Ala.) Charge submitting self-de-
fense properly refused as omitting considera-
tion of evidence.-Husch v. State, 321.
300(12) (Ala.) Charge for acquittal if
jury has reasonable doubt whether accused act-
ed in belief of peril held properly refused.-
Davidson v. State, 645.
(C) Liabilities and Charges.
159 (Ala.) Wife's note in payment of hus-
band's debt held void under statute.-Trost v.
Beck, 472.
300(12) (Ala.App.) Requested instruction
as to defendant's right to shoot in self-defense
held properly denied.-Bell v. State, 196.
300(14) (Ala.) Charge on self-defense, (D) Conveyances and Contracts, to Con-
omitting necessity for killing, properly re-
fused. Husch v. State, 321.
182 (Ala.) Requisites of dedication of land
300(14) (Ala.App.) Instruction on self-owned jointly by husband and wife stated.-
defense omitting doctrine of apparent danger Alabama Power Co. v. Cornelius, 207.
held not erroneous.-Erwin v. State, 79.
308 (3) (Ala.App.) Where conviction was
for manslaughter, denial of charge pertinent
to murder only not error.-Bell v. State, 196.
309 (1) (Ala.) Charge on manslaughter
held properly refused as not excluding malice,
and as argumentative.-Husch v. State, 321.
319 (La.) Court held not to have abused
discretion in denying new trial for newly dis-
covered evidence.-State v. Poole, 613.
X. APPEAL AND ERROR.
338(1) (Ala.App.) Defendant cannot com-
plain of cross-examination eliciting statement
beneficial to him.-Erwin v. State, 79.
338 (2) (Ala.App.) Testimony as to wheth-
er accused passed himself off as a preacher
held irrelevant, immaterial, and prejudicial.
Gilbert v. State, 566.
205 (2) (Ala.) After voluntary separation,
wife may sue husband for forceful taking of
child from manual possession.-Harris v. Har-
ris, 333.
205(2) (Miss.) Neither husband nor wife
can sue the other for personal tort.-Austin v.
Austin, 591.
VII. COMMUNITY PROPERTY.
249 (La.) Notes in settlement of first com-
munity held to belong to wife's separate estate.
-Rodriguez v. Succession of McFettridge, 68.
255 (La.) Property purchased by husband
with funds borrowed on wife's security held to
belong to community.-Rodriguez v. Succession
of McFettridge. 68.
255 (La.) Possession of wife existing for
one year to be protected.-Baptiste v. Southall,
338 (4) (Ala.App.) Admission of evidence 256 (La.) Property acquired during mar-
of dangerous character of accused held reversi- riage becomes community property unless na-
ble error.-Brown v. State, 616.
ture of lands used and intent stated in act.-
340(1) (Miss.) In prosecution for murder, Rodriguez v. Succession of McFettridge, 68.
instruction advising jury of penalty for man-262(1) (La.) Property acquired during
slaughter held not reversible error.-Stevenson marriage presumed community property.-Rod-
v. State, 525,
riguez v. Succession of McFettridge, 68.
340 (3) (Miss.) Instruction authorizing con-273 (8) (La.) Widow's conveyance of land
viction of manslaughter held harmless where constituting community asset held not to divest
evidence would authorize conviction of mur- husband's heirs of their title.-Kinchen v. Red-
der-Stevenson v. State, 525.
mond, 607.
341 (Ala.App.) Requested instruction held
incorrect law and its denial harmless.-Bell v.
State, 196.
XI. SENTENCE AND PUNISHMENT.
354 (Ala.) Discretion of jury in fixing pun-
ishment for second degree stated.-Scott v.
State, 211.
HUSBAND AND WIFE.
See Divorce; Dower.
1. MUTUAL RIGHTS, DUTIES, AND LIA-
VIII. SEPARATION AND SEPARATE MAIN-
TENANCE.
295 (Ala.) Allowances for maintenance
pendente lite properly made by interlocutory
orders-Thomas v. Thomas, 766.
Husband held liable for maintenance for time
between service of process and final decree
only.-Id.
296 (Ala.) Allegation of lawful marriage in
bill for separate maintenance interpreted as
meaning marriage to each other.-Thomas v.
Thomas, 766.
Cohabitation after marriage presumed, if nec-
essary to sustain bill for separate maintenance.
Cohabitation after marriage implied from al-
3(2) (Miss.) Husband cannot inflict cor- legation of abandonment of bed and board.-Id.
poral punishment on wife.-Gross v State, 177. 297 (Ala.) Husband's ability or future abil-
4 (Ala.) Husband and father not required ity to furnish maintenance presumed.-Thomas
to exhaust corpus of his estate to provide in-v. Thomas, 766.
come for wife, with whom he is not living as
husband.-Cairnes v Cairnes, 317.
3(1) (Ala.App.) Nervousness and excita-
bility of wife held not to justify her leaving-Id.
domicile.-Young v. State, 200.
4 (Ala.) Duty of future maintenance de-
pendent on earning powers and probability of
being able to earn support demanded.-Thomas
v. Thomas, 766.
IV. DISABILITIES AND PRIVILEGES OF
COVERTURE.
(C) Contracts.
298(3) (Ala.) Allowance of fourth of hus-
band's earnings for permanent maintenance of
wife held not excessive.-Thomas v. Thomas,
766.
IX. ABANDONMENT.
304 (Ala.App.) Offense of vagrancy not
proved; "sufficient means."-Young v. State,
200.
C90 (La.) Vendor held not authorized to at- See Municipal Corporations, 266-516.
tack contract because signed by married wo-
man.-Cavell v. Trichell, 249.
V. WIFE'S SEPARATE ESTATE.
(A) What Constitutes.
129(1)(Ala.) Wife held not estopped by
signing of her name by husband on deed of
right of way.-Alabama Power Co. v. Corne-
lius, 207.
133(7) (La.) Evidence held to show that
wife paid for tax title out of separate earnings.
10 (Fla.) Indictment held sufficient; "un-
cle:" "niece."-Capps v. State, 172.
13 (Ala.App.) Testimony as to occurrence
several years before held error.-Wright v.
State, 458.
INDEMNITY.
6 (Miss.) Contract conveying timber in
For cases in Dec.Dig. & Am.Dig. Key-No. Series & Indexes see same topic and KEY-NUMBER
grantee's land held contract of indemnity.-
Hunter v. Hughes, 371.
III. PROPERTY AND CONVEYANCES.
29 (Ala.App.) Not estopped because of
of surety liable, failure to assert rights in property at time of
levy.-Cheek v. Odom, 782.
where surety liable on building construction
contract.-First Nat. Bank v. Hudson Const.
Co., 451.
INDICTMENT AND INFORMATION.
III. FORMAL REQUISITES OF IN-
DICTMENT.
19 (Ala.App.) Indictment in Code form
held sufficient.-Bullock v. State, 195.
21 (Ala.App.) What constitutes "caption
of indictment."-Williams v. State, 573.
111 (Miss.) When suit to annul decree
against minor defendants must be brought stat-
ed. Adams v. Belt, 191.
Principle of concealed fraud held not applica-
Record entries that may be looked to to sup-ble to things openly done or which appear of
ply defect in caption or heading.-Id.
32(3) (Miss.) Indictment not concluding
with words "against the peace and dignity of
the state" is void.-Clingan v. State, 185.
AND SUFFICIENCY
ACCUSATION.
112 (Aia.) Decree held binding on infants
represented by guardian ad litem.-Matthews
v. Lovelady, 855.
II. SUBJECTS OF PROTECTION
RELIEF.
87(1) (Ala.App.) Indictment for manufac-
turing liquor not demurrable for failure to al-
lege date of offense.-Williams v. State, 573. (A) Actions and Other Legal Proceedings.
110(31) (Ala.App.) Indictment in statuto-26 (9) (La.) Married woman entitled to in-
ry language for manufacturing prohibited liq- junction restraining disturbance of possession
of realty by separated wife.-Baptiste v. South-
uors and possessing still sufficient.-Myrick v.
State, 455.
all, 674.
121 (1) (La.) Defendant entitled to bill of
particulars as to place of offense.-State v. La-
rocca, 720.
VI. JOINDER OF PARTIES, OFFENSES,
AND COUNTS, DUPLICITY,
AND ELECTION.
128 (Ala.) Indictment for murder not sub-
ject to demurrer for designating decedent by
different names in each count.-Scott v. State,
211.
129(1) (Ala.App.) Charges of distilling
and possessing still may be joined in separate
counts.-Myrick v. State, 455.
130 (Ala.App.) Different offenses of same
nature may be charged in separate counts.-
Myrick v. State, 455.
VII. MOTION TO QUASH OR DISMISS, AND
to indictment
133(6) (Fla.) Objections
based on irregularities as to form should be
made by demurrer or motion to quash and not
motion in arrest of judgment.-Capps v. State,
172.
IX. ISSUES, PROOF, AND VARIANCE.
164 (Ala.App.) Accused required to answer
only specific charge.-Brown v. State, 616.
INFANTS.
See Guardian and Ward; Parent and Child.
I. DISABILITIES IN GENERAL.
6 (Ala.) Minor authorized to act as agent
for brother could so act.-Cornelius v. Moore,
.895.
10 (Ala.App.) Marriage during parole, of
inmate of State Training School for Girls,
held to remove her disability of minority and to
entitle her to discharge.-State v. De Marco.
574.
VIII. LIABILITIES ON BONDS OR UNDER-
TAKINGS.
248 (Ala.) No misjoinder of parties in suit
on injunction bond.-McCord v. Bridges, 469.
251 (Ala.) Evidence admissible in action
on bond.-McCord v. Bridges, 469.
252(4) (Ala.) Damages recoverable in ac-
tion on injunction bond.-McCord v. Bridges,
469.
253 (Ala.) Requested charges held proper-
ly refused in action on bond.-McCord v. Bridg-
es, 469.
16 (Miss.) Fraudulent obtaining of board
involves fraudulent intent, manifested by dis-
play of baggage.-Robinson v. State, 377.
INSANE PERSONS.
I. DISABILITIES IN GENERAL.
II. CUSTODY AND PROTECTION.
16 (Miss.) Child not convicted of violation
of law involving moral turpitude cannot be com-2 (La.) Evidence insufficient to show that
mitted to industrial school.-Holden v. Smith,
girl was feeble-minded within statute.-Milne
27.
Asylum for Destitute Orphan Girls v. Reilly,
18 (La.) Minors; district court held with-
out jurisdiction to try for offense which when
a delinquency.—
committed constituted but
State v. Malone, 788.
19 (Miss.) On petition for commitment of
child to industrial school evidence must show
existence of conditions specified in statute; or-
der committing child to industrial school with-
out evidence to support it reversed on appeal.
-Holden v. Smith, 27.
IV. CUSTODY AND SUPPORT.
49 (La.) What may be urged in defense of
action to have girl declared feeble-minded with-
in statute, stated.-Milne Asylum for Desti-
tute Orphan Girls v. Reilly, 438.
Home surroundings of alleged feeble-minded
girl held not to require her commitment to or-
phan asylum.—Id.
V. THE CONTRACT IN GENERAL.
(B) Construction and Operation.
146 (2) (Fla.) Language given popular and
usual significance, unless context requires dif-
ferent construction.-Etna Casualty & Surety
Co. v. Cartmel, 802.
Facts held to constitute "collision" within
automobile policy clause; "object."―Id.
424 (Fla.) "Collision," as used in automo-
bile insurance contract; defined.-Etna Casu-
alty & Surety Co. v. Cartmel, 802.
Facts held not to establish "collision" under
automobile insurance contract.-Id.
XIII. EXTENT OF LOSS AND LIABILITY
OF INSURER.
(C) Guaranty and Indemnity Insurance.
514 (Fla.) Effect stated of provision in li-
ability insurance policy as to necessity of ac-
tual payment by insured before recovery there-
on.-Elliott v. Belt Automobile Ass'n, 797.
XVI. RIGHT TO PROCEEDS.
580(1) (Ala.) Lessor of machines held en-
titled to portion of proceeds of fire policy.
Houston Canning Co. v. Virginia Can Co., 104.
Held to arise under principle of treating that
as done which should have been done.-Id.
146(3) (Ala.) Collision clause in automo-
XVIII. ACTIONS ON POLICIES.
bile policy, as all insurance contracts, con-
624 (7) (Ala.) Person claiming lien
strued against insurer.-St. Paul Fire & Mar-
ine Ins. Co. v. American Compounding Co., Property held proper party in suit to
tablish equitable lien on insurance proceeds.
146(3) (Fla.) Interpretation giving great-Houston Canning Co. v. Virginia Can Co.,
er indemnity will prevail.-Elliott v. Belt Au-
640 (2) (Ala.) Lapse for nonpayment of
tomobile Ass'n, 797.
premiums must be pleaded.-Watts v. Metro-
politan Life Ins. Co., 812.
146(3) (Fla.) Contracts liberally construed
in favor of insured.-Etna Casualty & Surety
Co. v. Cartmel, 802.
646(3) (Ala.) Burden on insurer to plead
and prove forfeiture.-Watts v. Metropolitan
Burden of proof as to nonpayment of pre-
miums on insurer.-Id.
VII. ASSIGNMENT OR OTHER TRANSFER Life Ins. Co., 812.
OF POLICY.
222 (Miss.) Statute held not to prohibit
proof that assignment of life policy, absolute
in form, intended as collateral security; "prop-
erty."-Garner v. Townes, 20.
XX. MUTUAL BENEFIT INSURANCE.
(A) Corporations and Associations.
690 (Ala.) Fraternal benefit society held
Brothers of America and Sisters of True Love,
830.
IX. AVOIDANCE OF POLICY FOR MISREP-exempt from license tax.-State v. United
RESENTATION, FRAUD, OR BREACH
OF WARRANTY OR CONDITION.
(B) Matters Relating to Property or In-
terest Insured.
282 (8) (La.) Holder of contract for deed
not owner of "fee-simple title."-Campbell v.
Richmond Ins. Co., 679.
X. FORFEITURE OF POLICY FOR BREACH
OF PROMISSORY WARRANTY, COVE-
NANT, OR CONDITION SUBSEQUENT.
(E) Nonpayment of Premiums or Assess-
ments.
362 (Ala.) Notice of lapse of policy for
nonpayment of premiums held not to excuse
failure to tender subsequent premiums.-Watts
v. Metropolitan Life Ins. Co., 812.
WAIVER, OR AGREE-
MENTS AFFECTING RIGHT TO AVOID
OR FORFEIT POLICY.
I. RIGHTS AND LIABILITIES IN GENERAL.
13 (Ala.) Begins to run after maturity.
-Scott v. Thomas, 778.
372 (Ala.) Conditions for benefit of insur-17 (La.) Not recoverable on sum due for
er may be waived.-Watts v. Metropolitan Life
Ins. Co., 812.
384 (Fla.) Insurer held not estopped from
relying on express provisions of policy as to ad-
ditional insurance because of failure to fill in
blanks on additional insurance clause.-Adjust
ment Bureau Tampa Ass'n of Credit Men v.
Equitable Fire & Marine Ins. Co., 161.
388(3) (Ala.) Insurer may be estopped to
insist on forfeiture.-Watts v. Metropolitan
Life Ins. Co., 812.
395 (Ala.) Insurer, having denied liability
one ground, waived all other grounds.-
Watts v. Metropolitan Life Ins. Co., 812.
XII. RISKS AND CAUSES OF LOSS.
(B) Insurance of Property and Titles.
interest, in absence of express contract.-In-
terstate Trust & Banking Co. v. Laplace, 544.
III. TIME AND COMPUTATION.
46(1) (La.) Interest held due on commis-
sions on bank stock purchases from judicial
demand.-Interstate Trust & Banking Co. v.
Laplace, 544.
IV. RECOVERY.
61 (Ala.) Attaches as incident to debt or
money demand.-Scott v. Thomas, 778.
INTOXICATING LIQUORS.
VI. OFFENSES.
137 (Ala.) Statute would be violated if de-
fendant possessed articles for purpose of man-
424 (Ala.) "Collision" within automobile ufacturing.-Ex parte State ex rel. Davis, 917.
policy clause defined; "impact"; "object."-St. 137 (Ala.App.) Manufacture of beer con-
Paul Fire & Marine Ins. Co. v. American Com-taining alcohol held violation of statute.-Glaze
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
138 (Miss.) Taxicab driver who takes liq-248 (Ala.) Description of property sought
to be condemned held sufficient.-Conner v.
uor in car to drink not guilty of unlawful trans-
portation; "to any person."-Strickland v. State, 474.
State, 184.
139 (Ala.App.) Temporary custody suffi-
cient "possession."-Bridgeforth v. State, 564.
248 (Miss.) Search warrant, issued on affi-
davit alleging only good reason to believe, etc.,
illegal.-Porter v. State, 377.
249 (Miss.) City clerk has no authority to
issue search warrant.-Porter v. State, 377.
VIII. CRIMINAL PROSECUTIONS.
198 (Ala.App.) Affidavit charging posses-250 (Ala.) Proof held to put burden on
sion of "prohibed" liquors insufficient.-Bridge- owner of confiscated car to show he had no
notice of intended illegal use.-May v. State,
forth v. State, 564.
780.
Car owner's lack of knowledge or notice of
intended illegal use of car by hirers held not
shown.-Id.
209 (Ala.App.) Indictment held to charge
felony on face.-Williams v. State, 573.
act making
222 (Miss.) Exceptions, in
possession of still or integral part thereof of
fense, must be negatived.-Dawsey v. State, 251 (Ala.) Burden of proving bona fide
purchase of condemned automobile and want
526.
of notice of probable unlawful use by bailees
224 (Ala.) Statute providing that
plained possession of apparatus used in manu- is on claimant.-Bearden v. State, 93.
facture of prohibited liquors shall be prima
facie evidence of violation of act construed.-
Ex parte State ex rel. Davis, 917.
224 (Ala App.) Statute providing that un-
explained possession of apparatus used in man-
ufacture of prohibited Equors shall be prima
facie evidence of violation of act construed.-
Wilson v. State, 914.
233(1) (Ala.App.) Proof that defendant
smelled of whisky held relevant.-Carter v.
State, 199.
Proof of claimant's residence in county dur-
ing month in which automobile was seized held
admissible.-Id.
Proof that claimant's relatives in possession
of condemned automobile had bad reputation
held competent.-Id.
254 (Ala.App.) General act providing for
payment of fees in enforcing prohibition law
held applicable to Jefferson county.-Jefferson
County v. Sandefer, 71.
JEOPARDY.
235 (Ala.App.) Evidence of buyer's pos-
session of other whisky than that purchased See Criminal Law, 201.
from defendant held properly excluded.-Rock
v. State, 455.
236(1) (Ala.App.) Guilt of accused must
be proved beyond reasonable doubt.-Hobdy v.
State. 571.
236(1) (Ala.App.) Liquor cases tried upon
same rules of evidence and law as other crimes.
-Berry v. State, 922.
See Justices of the Peace.
I. APPOINTMENT, QUALIFICATION, AND
4 (Ala.) Judge of county court of misde-
meanors presumed to be licensed attorney at
law.-Dent v. De Arman, 122.
236 (19) (Ala.App.) Evidence held to sus-
tain conviction.-Dickey v. State, 630.
236(19) (Ala.App.) Possession of still held 4 (Fla.) Municipal court judge need not be
not to make a prima facie case without proof of attorney at law.-State v. Parker, 260.
general use in manufacture of.-Wilson v.
State, 914.
236(19) (Ala.App.) Possession of part of
still is prima facie evidence of possession of
whole. Berry v. State, 922.
Finding of still, and defendant exercising
dominion over it, justifies finding of posses-
sion.-Id
238(1) (Ala.App.) Evidence of distilling
held sufficient for jury.-Chappell v. State, 75.
238(1) (Ala.App.) Refusal of affirmative
charge for defendant in liquor prosecution
held erroneous.-Gray v. State, 81.
Affirmative charge
238(1) (Ala.App.)
properly refused where evidence in conflict.
-Simpson v. State, 82.
238 (1) (Ala.App.) General affirmative
charge held properly refused.-Haynes v. State,
575.
238(1) (Ala.App.) Evidence held to make
case for jury.-Glaze v. State, 629.
238(1) (Ala.App.) Verdict for defendant
properly directed on count without testimony
to sustain.-Wilson v. State, 914.
238(1) (Ala.App.) Evidence held sufficient
for jury on question of possession.-Nix v.
State, 918.
238(2) (Ala.App.) Accused connected with
offense only by suspicion entitled to affirmative
charge.-Hobdy v. State, 571.
239(1) (Ala.App.) Requested charge as to
reasonable doubt properly refused.-Forsythe
v. State, 198.
Charge as to distilling held properly refused.
-Id.
242 (La.) Penalty may be imposed for each
offense of manufacturing.-State v. Sharp, 707.
IX. SEARCHES, SEIZURES, AND FOR-
FEITURES.
246 (Ala.) Automobile used by hirer to il-
legally transport, confiscated notwithstanding
his promise not to so use.-May v. State, 780.
II. SPECIAL OR SUBSTITUTE JUDGES.
16(1) (Ala.) Special judge held de facto
judge whose order continuing motion not void.
-Ex parte Webster, 909.
III. RIGHTS, POWERS, DUTIES, AND
LIABILITIES.
30 (Ala.) Judicial officer can only perform
judicial acts within territorial limits.-Luther v.
Luther, 497.
Judicial acts of probate judgé out of county
void.-Id.
IV. DISQUALIFICATION TO ACT.
56 (Ala.) Disqualified probate judge must
perform ministerial duties.-Luther v. Luther,
497.
See Equity, 418-430; Execution.
For judgments in particular actions or pro-
ceedings, see also the various specific topics.
For review of judgments, see Appeal and Er-
I. NATURE AND ESSENTIALS IN
GENERAL.
of sum-
17(1) (Ala.) Personal service
mons or appearance essential to judgment
against person.-Morrison v. Covington, 124.
17(10) (Ala.App.) Return under statute
is prima facie evidence of service sufficient to
sustain judgment by default.-Green v. Nu-
Grape Co., 84.
18(2) (Ala.) Bill insufficient in form will
support decree, but bill not stating cause of
action will not.-Agee v. Agee's Cash Store
No. 2, 809.
III. ON CONSENT, OFFER, OR ADMISSION.
87 (Miss.) When consent judgment in re-
plevin is void on face.-Starling v. Sorrell, 10.
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