PLEADING:

objection to complaint for uncertainty waived when. Pekin Stave

& Mfg. Co. v. Ramey, 1.

demurrer waived by going to trial when. Evins v. St. Louis & S.
F. Rd. Co., 79.

effect of insufficiency of complaint. Id.

effect of insufficiency of answer.

when demurrer waived.

Id.

Id.

effect of filing substituted complaint. American Bonding Co. v.
Morris, 276.

Id.

effect of leaving answer to original complaint on file. Id.
when leave to file substituted answer not granted.
method of substituting lost pleading not prejudicial when. Spadra
Creek Coal Co. v. Eureka Anthracite Coal Co., 359.

error in sustaining motion to make complaint specific waived
when. Swift v. Erwin, 459.

exhibits to complaint in chancery controlling. Id.

effect of demurring to complaint. Keopple v. National Wagon-
stock Co., 466.

amendment to complaint held not to state new cause of action.
Kansas City So. Ry. Co. v. Anderson, 500.

amendment of complaint increasing demand is permissible. Id.
compound bills permissible in equity when. Long v. Long, 562.

PRINCIPAL AND SURETY:

surety not discharged by failure to take out insurance when.
Roland v. Lindsey, 49.

PROBATE COURT:

jurisdiction in matters of administration.

Hall v. Cox, 303.

RAILROADS: See CARRIERS; MASTER AND SERVANT; EMINENT Do-
MAIN; CONSTITUTIONAL LAW.

proof of injury by running of train raises presumption of negli-
gence. Chitwood v. St. Louis, I. M. & S. Ry. Co., 38.

when contributory negligence for jury. Id.

liability for fires caused by locomotive.

F. Rd. Co., 79.

Evins v. St. Louis & S.

power of Board of Railroad Incorporators to extend period for
construction. St. Louis, I. M. & S. Ry. Co. v. Fort Smith & V.
B. Ry. Co., 344.

when liable for injuring person loading car. Missouri & N. A.

Rd. Co. v. Duncan, 409.

instructions held not to be conflicting. Id.

RAILROADS:-Continued.

railroad traffic agreement construed. Doniphan, K. & S. Rd. Co.
v. Mo. & N. A. Rd. Co., 475.

presumption where animal is killed by train. Kansas City So.
Ry. Co. v. Anderson, 500.

RAPE:

when complaint by prosecuting witness admissible in evidence.
Hamer v. State, 606.

REAL PROPERTY:

alienation, transmission and descent governed by law of place
where land is situated. Crossett Lumber Co. v. Files, 600.

REFORMATION OF INSTRUMENTS:

when instrument reformed for mistake. Doniphan, K. & S. Rd.
Co. v. Mo. & N. A. Rd. Co., 475.

not reformed for mistake of one party when.

Id.

when party may not claim that he was deceived. Id.

court can not supply omissions when. Id.

REPLEVIN:

verdict not responsive to issues when. Southern Lumber Co. v.
Colvin, 130.

SALES OF CHATTELS:

right of vendor of chattel to retake for balance of purchase
money. Southern Lbr. Co. v. Colvin, 130.

agreement as to price not necessary when. Dilby v. Corbell, 250.
how meaning of written contract determined. Yellow Jacket
Mining Co. v. Tegarden, 573.

contract for sale of second-hand machinery construed. Id.

no implied warranty as to quality or condition. Id.

when breach of warranty not waived. Id.

necessity of petition for formation of new district. Stephens v.
School Dist. No. 85, 145.

petition for formation of new district properly denied when. Id.
pleadings in such case liberally construed. Id.

SHERIFFS AND CONSTABLES:

constable may be suspended for any criminal conduct amounting

to felony. Jones v. State, 261.

SPECIFIC PERFORMANCE:

when contract made by agent enforced. Swift v. Erwin, 459.

STATUTES:

when act takes effect. Rhea v. State, 162.

when rule of construction ejusdem generis inapplicable. Jones v.
State, 261.

punctuation and grammar as affecting rules of construction. Id.
validity of statute releasing collector from liability for stolen
county funds. Newton County v. Green, 270.
adopted construction in case of adopted statute.

cabees v. Anderson, 417.

Knights of Mac-

construction of statute authorizing county or municipality to
initiate legislation. Hodges v. Dawdy, 583.

in case of ambiguity, inconvenience or absurdity should be avoided.
Id.

courts may not supply omissions when.
general terms yield to specific ones. Id.

Id.

jurisdiction of equity to correct returns of election as to road
tax. ru.

right of minor to redeem from tax sale runs with land. Bradbury

V. Johnson, 108.

such right liberally construed. Id.

vendee of tax purchaser is not bona fide purchaser. Id.

TRESPASS:

plaintiff seeking to recover for cutting timber must recover on
strength of his own title. Glasscock v. Nat. Bor Co., 154.

TRIAL:

misconduct of attorney in argument prejudicial when. Pekin
Stave & Mfg. Co. v. Ramey, 1.

TRIAL:-Continued.

expectancy of life reckoned from appearance when. Helena Gas

Co. v. Rogers, 59.

when argument of counsel improper. Denison v. Keiser, 94.
when not error to refuse to reopen case. Rhea v. State, 162.
argument of prosecuting attorney not error when. Id.

applause of audience not prejudicial when. Id.

when court's duty to direct verdict. Brigham v. Dardanelle & R.
Ry. Co., 267.

when verdict too indefinite to be basis of judgment. Keller v.
Sawyer, 375.

argument of appellee's counsel held not improper. St. Louis S. W.
Ry. Co. v. Leflar, 528.

verdict of jury amendable when.

effect of attorney treating jurors.

Hamer v. State, 606.
Bealmear v. State, 616.

when allowing trial to proceed in judge's absence harmless.
McVay v. State, 629.

TRUSTS:

parol evidence inadmissible to engraft trust upon absolute deed.
Carpenter v. Gibson, 32.

sufficiency of evidence to establish resulting trust. Hall v. Cox,
303.

will held not to create spendthrift trust. Booe v. Vinson, 439.
when trust vested. Id.

right to follow trust funds. Covey v. Cannon, 550.

jurisdiction of equity to construe. Booe v. Vinson, 439.
purpose of construction.

Id.

when charitable trust created by will too vague. Id.
will held not to create spendthrift trust.

Id.

presumption of intent to dispose of entire estate. Id.

time of vesting estate. Id.

when trust estate created by will vested. Id.

wills of land situated in this State governed by laws of this State.
Crossett Lumber Co. v. Files, 600.

effect of will omitting to name child. Id.

WITNESSES:

admissibility of impeachment of accused on cross examination.
Rhea v. State, 162.

statement of witness as to what deceased said as to defendant's
complicity in killing rebutted how. Id.