페이지 이미지
PDF
ePub

(B) Form and Contents of Instruments. yet incomplete, where engines used in inter47 (Mo.App.) The description of pianos in state commerce had been run into it and there chattel mortgage held sufficient to give one deal- stored.-Thompson v. Cincinnati, N. O. & T. ing therewith constructive notice.-Williams v. P. Ry. Co., 176 S. W. 1006. W. W. Kimball Co., 176 S. W. 478.

[blocks in formation]

(D) Lien and Priority.

138 (Mo.App.) One who exchanged new pianos for old ones covered by a chattel mortgage which permitted the exchange on condition that the new ones be subject to the mortgage is estopped to deny the superior rights of the prior mortgage.-Williams v. W. W. Kimball Co., 176 S. W. 478.

IV. RIGHTS AND LIABILITIES OF
PARTIES.

A carpenter injured while working on an extension to a railroad repair shop, held engaged in work in aid of interstate commerce where the old structure was already in use as an instrumentality of such commerce.-Id.

33 (Tex.Civ.App.) A shipment from point in the state to point in sister state is interstate shipment, though initial carrier obligated itself to transport wholly in the state.-Galveston, H. & S. A. Ry. Co. v. Carmack, 176 S. W. 158. COMMERCIAL PAPER.

See Bills and Notes.

COMMISSION AND COMMISSIONERS.
See Drains, 2, 35; Public Lands, 175.
COMMISSIONS.

176 (Tex. Civ.App.) In a suit for converting mortgaged property, held, that answers to special issues were not overturned by the general verdict, and judgment should be for plaintiff.-Farmers' State Bank of Newlin v. Bell, See Brokers, 56-86; Insurance, 84. 176 S. W. 922.

The measure of damages for the conversion of mortgaged property is the market value of the property taken, with interest from the See date of conversion.-Id.

[blocks in formation]

CITIES.

See Municipal Corporations.

COLLATERAL ATTACK.

See Judgment, 471-585, 818: Justices of the Peace, 129; Levees, 28.

COLOR OF TITLE.

See Adverse Possession, 80, 100.

COMBINATIONS.

See Monopolies, 10-26.

COMMERCE.

See Shipping.

COMMON CARRIERS.

Carriers.

COMMON SCHOOLS.

See Schools and School Districts, 24, 27.
COMPARATIVE NEGLIGENCE.

See Negligence, 101.

COMPENSATION.

See Brokers, 56-86; Drains.
nent Domain, 71-164, 270;
84; States, 60.

49; EmiInsurance,

COMPENSATORY DAMAGES.

See Damages, 40-62.

COMPETENCY.

See Evidence, 155; Jury, 83, 127; Witnesses, 40-159.

COMPLAINT.

See Indictment and Information.

COMPOSITIONS WITH CREDITORS.
See Carriers, 94, 156; Husband and Wife,
11.

COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction; Contracts,
68: Executors and Administrators, 513;
Guardian and Ward, 182.

6 (Mo.App.) Retention and cashing by plaintiff of a check marked "in full settlement" held an accord and satisfaction between the parties, where their rights under the contract, from which defendant's liability, if any, arose, were bona fide in dispute.-Bartley v. Pictorial Re

I. POWER TO REGULATE IN GEN- view Co., 176 S. W. 489.

ERAL.

20 (Tex.Civ.App.) A contract for the settle8 (Mo.App.) The Carmack amendment to ment of pending actions held to have been the Hepburn Act, which requires a written ship-breached in its inception so as to give no right to recover against one of the parties, who therement contract for interstate shipments and after prosecuted one of the pending actions prescribes uniform rules for liability of carriers growing out of such contracts, supersedes to judgment. Ferguson v. Sanders, 176 S. W. all other regulations applying to such shipments. -Kent v. Chicago, B. & Q. R. Co., 176 S. W. 1105.

782.

COMPUTATION.

See Limitation of Actions, 44; Time, 8.

CONDEMNATION.

II. SUBJECTS OF REGULATION.
27 (Ky.) An extension to railroad repair

CONDITIONAL SALES.

See Sales, 477, 480.

CONDITIONS PRECEDENT.

See Fraudulent Conveyances, 241; Guardian and Ward, 182; Highways, 90.

[blocks in formation]

as does Vernon's Sayles' Ann. Civ. St. 1914, art. 4689, is in the power of the Legislature, and invades no rights of property.-Campbell v. Peacock, 176 S. W. 774.

X. EQUAL PROTECTION OF LAWS.

233 (Ky.) Drainage Act of 1912, providing for the imposition of special assessments to pay for the construction of drains, does not violate Const. U. S. Amend. 14, relating to equal protection of the laws.-Williams v. Wedding, 176 S. W. 1176.

238 (Tex.Civ.App.) Rev. St. 1911, art. 6645, abrogating to an extent the defense of assumption of risk, is not unconstitutional as denying to an employing railroad the equal protection of the laws and as making an ar 147; bitrary classification based upon no just and proper relation or difference.-Consolidated Kansas City Smelting & Refining Co. v. Schulte, 176 S. W. 94.

See Bills and Notes, 97, 106: Breach of Marriage Promise, 5; Contracts, ~5074; Deeds, 15; Fraudulent Conveyances, 158; Sales, 19-21; Vendor and Purchaser, 18; Wills, 59.

CONSPIRACY.

See Monopolies, 10-26.

I. CIVIL LIABILITY.

(B) Actions.

18 (Mo.App.) Petition by broker held not to state a cause of action, as against a demurrer, for a money judgment for a conspiracy between the owner and purchaser procured by the broker. Frye v. Warren, 176 S. W. 289.

CONSTABLES.

See Sheriffs and Constables.

CONSTITUTIONAL LAW.

See Corporations, 99; Counties, 150;
Courts, 207, 231; Criminal Law,

245 (Ark.) The Railroad Employers' Liability Act does not deprive the railroads of the equal protection of the laws, contrary to Const. U. S. Amend. 14.-St. Louis, I. M. & S. Ry. Co. v. Ingram, 176 S. W. 692.

XI. DUE PROCESS OF LAW.

290 (Ky.) Drainage Act held in violation of Const. Ky. §§ 2, 14, and Const. U. S. Amend. 14, as authorizing the deprivation of property without due process in so far as it makes assessments by the board of drainage commissioners absolute.-Williams v. Wedding, 176 S. W. 1176.

[blocks in formation]

13; Drains, 2, 18, 67, 69; Eminent See Criminal Law, 576-614, 1166. Domain 71, 167; Intoxicating Liquors, 11, 14; Jury, 17-25; Justices of the 14 (Ark.) In an action against railroad rePeace, 53: Monopolies, 10; Statutes, 22-123; Taxation, 40, 184, 195.

II. CONSTRUCTION, OPERATION,
AND ENFORCEMENT OF CON-
STITUTIONAL PROVISIONS.
42 (Tex.Civ.App.) The state may not assail
the validity of Vernon's Sayles' Ann. Civ. St.
1914, art. 7566, as discriminatory against own-
ers of real estate.-State v. Cage, 176 S. W. 928.
48 (Mo.) A statute will not be declared un-
constitutional unless its invalidity appears
yond a reasonable doubt.-State ex rel. Chris-
tian County v. Gordon, 176 S. W. 1.

III. DISTRIBUTION OF GOVERN-
MENTAL POWERS AND
FUNCTIONS.

ceivers for injuries to a passenger, denial of postponement of trial to defendants after plaintiff cured a misjoinder of parties by entering nonsuit as to another defendant, held proper, Kirby's Dig. § 6191, having no application.Biddle v. Riley, 176 S. W. 134.

16 (Ky.) Denial of continuance to defendant, on ground that he had been unable to take plaintiff's deposition, held proper on account of defendant's laches.-Home Ins. Co. of New York v. Crowder, 176 S. W. 344. be-26 (Ky.) A defendant is not entitled to a continuance to secure the testimony of a codefendant, where it exercised no diligence to secure his presence, and it was improbable that he would be present.-Paducah Wharfboat Co. v. Mechanics' Trust & Savings Bank, 176 S. W. 190.

(C) Executive Powers and Functions. 80 (Ky.) Drainage Act does not violate Const. § 109, in delegating judicial powers, because it authorizes the drainage commissioners to spread the assessment, etc.-Williams v. Wedding, 176 S. W. 1176.

V. PERSONAL, CIVIL, AND POLITI-
CAL RIGHTS.

87 (Tex.Civ.App.) Granting authority to enjoin crime, as the keeping of a bawdyhouse, i

CONTRACTS.

See Accord and Satisfaction; Account Stated;
Assignments; Bailment; Bills and Notes;
Breach of Marriage Promise; Cancellation
of Instruments; Carriers, 156, 159, 218;
Champerty and Maintenance; Commerce,
8; Compromise and Settlement; Corpora-
tions, 76-90, 121, 377-521; Counties,
182; Crops, 3; Customs and Usages;
Damages, 40, 124, 157; Deeds; Deposi-
taries; Drains, 49, 82; Evidence,

254, 397-461, 508; Exchange of Property; 323 (Ark.) Testimony by contractor that he
Frauds, Statute of; Guaranty; Highways, put additional concrete in the foundation be-
113; Husband and Wife, 34; Indem- cause of a change in the plans held sufficient,
nity; Insurance; Interest; Logs and Logging, though contradicted and weakened, to take to
3; Lost Instruments; Mines and Min- the jury his right to recover for that item.—
erals, 64-78; Mortgages, 118, 295; Hatfield Special School Dist. v. Knight, 176
Municipal Corporations, 339-362; Nova- S. W. 701.
tion; Parties, 16; Pleading, 186;
Principal and Agent, 146, 149, 155, 163-
170; Principal and Surety; Public Lands,
173; Railroads, 102, 469, 479; Ref-
ormation of Instruments; Religious Socie-
ties, 9; Sales; Set-Off and Counterclaim,
34; Shipping, 49; Stipulations; Sub-
rogation; Trial, →356; Trusts, 70;
Vendor and Purchaser; Waters and Water
Courses, 254; Wills, 58-67.

I. REQUISITES AND VALIDITY.
(D) Consideration.

In an action for the balance due on a contract
for the construction of a building and for ex-
tras, undisputed evidence held to entitle defend-
ant to a peremptory instruction denying recov
ery as to certain items.-Id.

Evidence for the contractor held sufficient to
sustain his burden of showing that the architect
arbitrarily and fraudulently refused to approve
the work, so as to justify the refusal of a per-
emptory instruction for the owner.-Id.

VI. ACTIONS FOR BREACH.

346 (Mo.App.) When a contract contains
provisions not affecting a provision which be-
omit reference to such other provisions in the
comes a subject of suit, it is no variance to
176 S. W. 466.
petition. Petershagen v. Star Clothing Co.,

50 (Mo.App.) Agreement of defendant to
take back from the father of its customer,
whose business it had reorganized, incorporat-
ing it, certain stock in such business at par,
held to be unsupported by consideration as mere
indirect method of discharging customer's liabil-350 (Tex.Civ.App.) In action for damages
ity on a note, unless supported by detriment to for breach of contract to shell streets, silent as
plaintiff under the reorganization contract. to amount to be done, evidence held insuffi-
Fuller v. Tootle-Campbell Dry Goods Co., 176 cient to sustain finding of an agreement as to
S. W. 1091.
quantity of shell to be placed upon streets.-
Greater Houston Suburban Corporation
Dupuy & Mullen, 176 S. W. 668.

52 (Mo.App.) Detriment to the promisee is
as efficacious as a consideration as a benefit to
the promisor.-Fuller v. Tootle-Campbell Dry
Goods Co., 176 S. W. 1091.

CONTRIBUTORY NEGLIGENCE.

68 (Tex.Civ.App.) A compromise of a claim See Negligence, 66-101.
made in good faith, and with reasonable grounds,
is a good consideration for a promise, though
CONVERSION.
the claim in fact could not be enforced in court.
-Missouri, K. & T. Ry. Co. of Texas v. Ed- See Trover and Conversion.
wards, 176 S. W. 60.

74 (Mo.App.) Benefit to a third person se-
cured by a contractual promise is sufficient con-
sideration for such promise.-Fuller v. Tootle-
Campbell Dry Goods Co., 176 S. W. 1091.

(F) Legality of Object and of Consid-
eration.

130 (Tex.Civ.App.) An agreement that one
of the parties should purchase property at a
judicial sale and sell it to the other, which was
not intended to stifle competition or prevent the
property bringing a fair price, does not invali-
date the sale.-Evans v. Carter, 176 S. W. 749.
II. CONSTRUCTION AND OPERA-

TION.

CONVEYANCES.

v.

See Chattel Mortgages; Deeds; Logs and Log-
ging, 3; Mines and Minerals, 55;
Mortgages.

CORPORATIONS.

See Banks and Banking; Bills and Notes,
342, 343, 375, 485; Carriers; Evidence,
80, 121, 317; Gifts, 65; Insurance;
bel and Slander, 73, 125; Monopolies,
20; Municipal Corporations; Negligence,
54; Principal and Agent, 23; Quo War-
ranto; Railroads; Street Railroads; Subro-
gation, 33; Taxation, 113, 114; Tele-
graphs and Telephones.

I. INCORPORATION AND ORGAN-

IZATION.

(A) General Rules of Construction.
164 (Tex.Civ.App.) A deed, bill of sale, notes
for part of the purchase price, and a mortgage
on the property conveyed, executed simultane-30 (Tex. Civ.App.) The promoters of a cor-
ously, must be construed as but one and the
same agreement.-Dicken v. Cruse, 176 S. W.
655.

IV. RESCISSION AND ABANDON-
MENT.

261 (Tex.Civ.App.) One assuming liabilities
of defunct bank held not entitled to treat con-
tract as abrogated by depositors' nonperform-
ance with respect to assignment
of interests in
the bank, and findings respecting such nonper-
formance did not entitle him to judgment.-
Grove v. Keeling, 176 S. W. 822.

270 (Ky.) One failing to make prompt elec-
tion of remedies loses his right to rescind a
contract in equity for fraud, and may sue only
for damages for the deceit.-Central Life Ins.
Co. v. Taylor, 176 S. W. 373.

V. PERFORMANCE OR BREACH.

303 (Mo.App.) A refusal to permit perform-
ance of a contract is equivalent to performance
for the purpose of suing for the contract price.

poration cannot procure the payment of a bonus
to themselves as commissions and charge it to
the corporation when formed.-Commonwealth
Bonding & Casualty Ins. Co. v. Thurman, 176
S. W. 762.

IV. CAPITAL. STOCK, AND DIVI-
DENDS.

(B) Subscription to Stock.

76 (Mo.App.) A contract to subscribe to
the stock of a corporation to be thereafter
formed is a trilateral contract and enforceable.
-De Giverville Land Co. v. Thompson, 176
S. W. 409.

78 (Mo.App.) Where a corporation was
scribers to the stock of the company to be
organized by a committee appointed by sub-
formed, defendant, who signed the subscription
contract, is estopped to deny his liability.-De
Giverville Land Co. v. Thompson, 176 S. W.
409.

Persons who signed agreement to subscribe
to the stock of a corporation held incorporators

ing they did not sign the articles of agreement, | V. MEMBERS AND STOCKHOLDERS.
as provided by Rev. St. 1909, §§ 3339, 3340, (C) Suing or Defending on Behalf of Cor-
3341.-Id.

78 (Tex.Civ.App.) The provisions of a stock
subscription contract for payment for the stock
and for expenses of organization held severable,
so that the corporation was not liable for the
money paid to the organizers upon rejecting
the subscription.-Commonwealth Bonding &
Casualty Ins. Co. v. Thurman, 176 S. W. 762.

80 (Ky.) In action to rescind purchase of
corporate stock for false representations, peti-
tion held insufficient for failure to allege in
what way the representations were false or
any fact indicating that plaintiff was injured.
-Central Life Ins. Co. v. Taylor, 176 S. W.

373.

Where plaintiff suing to rescind contract to
buy corporate stock merely proved making of
representations without proving their falsity or
resulting damages, held that petition should
have been dismissed.-Id.

90 (Mo.App.) An action by a corporation
on a stock subscription may be maintained
though no certificate has been delivered: such
not being due until payment for the stock is
made.-De Giverville Land Co. v. Thompson,

poration.

[blocks in formation]

In a suit to rescind purchase of stock, evi-312 (Tex.Civ.App.) Directors of a corpora-
dence held insufficient to show falsity of repre- tion stand in a fiduciary relation to it, and their
sentation that a dividend had already been paid purchase of corporate property may be set aside
on the stock.-Id.
at the option of the corporation.-Canadian
Country Club v. Johnson, 176 S. W. 835.
Directors and stockholders of a corporation
acquiring real estate of the corporation held not
entitled to recover for temporary improvements
320 (Tex.Civ.App.) Stockholders held au-
as against dissenting stockholders.-Id.
thorized to sue for property of the corporation,
claimed adversely by a majority of the directors
and some stockholders, without first requesting
the officers to sue.-Canadian Country Club v
Johnson, 176 S. W. 835.

176 S. W. 409.

Though the amount of a stock subscription
had been advanced to a corporation by another,
and used as part of its capital, held that under
Rev. St. 1909, §§ 1729, 1730, the corporation
might maintain a suit against the delinquent

subscriber.-Id.

(C) Issue of Certificates.

99 (Tex. Civ.App.) Under Const. art. 12, §
6, and Rev. St. 1911, art. 1146, the issuance
and delivery of the stock of a foreign corpora-
tion in consideration of a note was an illegal
transaction.-Sturdevant v. Falvey, 176 S. W.

908.

That defendant, who had given his nonnego-
tiable note in a transaction whereby stock was
illegally delivered therefor, afterwards substi-
tuted his negotiable note, did not validate the
illegal transaction.-Id.

(D) Transfer of Shares.

121 (Ky.) Evidence that inclusion, in plain-
tiff's contract of sale of stock, of his interest
in certain stock, was through fraud or mistake,
held insufficient within the rule as to overcom-
ing terms of a written agreement.-Ferguson v.
Akers, 176 S. W. 1149.

121 (Mo.App.) In an action for breach of
contract to take back stock at par value, an-
swer alleging that "said contract was wholly
without consideration to this defendant" held to
be understood in full legal sense, not as mean-
ing merely that no benefit moved to defendant.
-Fuller v. Tootle-Campbell Dry Goods Co., 176

S. W. 1091.

[blocks in formation]

to

Stockholders, suing
protect corporate
rights in land claimed by a majority of its offi-
cers and some stockholders, held not required
to tender payment of a lien on the land.-Id.

Minority stockholders held not estopped from
suing for the corporation for real estate in pos-
session of a majority of the oflicers and some
stockholders.-Id.

(D) Liability for Corporate Debts and

Acts.

348 (Tex.Civ.App.) The judgment rendered
against a corporation held admissible in an ac-
tion against the directors to hold them person-
ally liable on the same matter.-McCollom v.
Dollar, 176 S. W. 876.

The findings, in an action against a corpora-
tion in which judgment was rendered against
it, are admissible, against its directors, in an
action to hold them personally liable on the
same matter.-Id.

VII. CORPORATE POWERS AND

LIABILITIES.

(A) Extent and Exercise of Powers in
General.

377 (Mo.App.) Contract of wholesale dry
goods corporation to pay agreed price for stock
taken by plaintiff in furtherance of the reorgan-
ization of his son's business, brought about by
defendant to aid in settling such son's debt
to it, held not ultra vires.-Fuller v. Tootle-
Campbell Dry Goods Co., 176 S. W. 1091.

tion is not necessary to a valid transfer of a
384 (Tex. Civ.App.) The seal of a corpora-
note payable to it.-Forster v. Enid, O. & W. R.
Co., 176 S. W. 788.

(B) Representation of Corporation by Of-
ficers and Agents.

121 (Tex. Civ.App.) In an action to cancel
a contract for the purchase of corporate stock 404 (Tex. Civ.App.) Action of a majority of
and a note given for the price, evidence held the stockholders of a corporation in transfer-
sufficient to show that defendant, in procuring ring real estate of the corporation subject to
the note and contract, made false representa- a vendor's lien held not to pass title.-Canadian
tions as to the amount of the corporation's capi- Country Club v. Johnson, 176 S. W. 835.
tal stock and his right to sell it, and that the 406 (Mo.App.) The secretary of a trading
note and contract were unsupported by consid- corporation has no power as such to bind the
eration.-Le Master v. Hailey, 176 S. W. 818. corporation to the payment of money.-Fuller

v. Tootle-Campbell Dry Goods Co., 176 S. W. 1091.

withstanding the guaranty.-American
Bank v. Warner, 176 S. W. 863.

VI. TAXATION.

Nat.

406 (Tex. Civ.App.) The president of a manufacturing company had authority to bind the company by a contract for repairs on a build-214 (Mo.App.) Court held to have erred in ing if entered into by him for the benefit of the entertaining motion to retax costs by surety company.-Texas Mfg. Co. v. Fitzgerald, 176 S. on deceased plaintiff's cost bond without notice W. 891. to defendant, and without any proceedings under Rev. St. 1909, §§ 1916-1922.-Lopp v. Prather, 176 S. W. 476.

426 (Ky.) Where the proceeds of an unauthorized corporate note were deposited in a bank and checked out by an authorized officer, the corporation knowingly received the benefit of the proceeds and is liable on the_note.Paducah Wharfboat Co. v. Mechanics' Trust & Savings Bank, 176 S. W. 190.

428 (Ark.) Actual knowledge of the equities of seller of standing timber, on part of the general manager and the treasurer and landman of a subsequent corporation purchaser, held imputable to the corporation.-GraysoniaNashville Lumber Co. v. Saline Development Co., 176 S. W. 129.

(F) Civil Actions.

VII. ON APPEAL OR ERROR, AND
ON NEW TRIAL OR MOTION
THEREFOR.

246 (Tex. Civ.App.) A defendant appealing from an adverse judgment of justice's court held not entitled to compel plaintiff to give a cost bond.-Trinity County Lumber Co. v. Conner, 176 S. W. 911.

COTENANCY.

See Tenancy in Common.

COUNTIES.

COUNTERCLAIM. 521 (Mo.App.) In an action against a wholesale dry goods company on a contract to See Set-Off and Counterclaim. take back stock at par, signed by its secretary and credit man, instructions held to properly present the question of the officer's authority by estoppel to make the contract.-Fuller v. Tootle-Campbell Dry Goods Co., 176 S. W. 1091. VIII. INSOLVENCY AND RECEIVERS.

546 (Tex.Civ.App.) Rev. St. arts. 1201 et seq. relating to insolvent corporations and the right of stockholders to sue, held not to provide an exclusive remedy where a corporation has failed to pay its franchise tax.-Canadian Country Club v. Johnson, 176 S. W. 835.

XI. DISSOLUTION AND FORFEITURE
OF FRANCHISE.

592 (Tex.Civ.App.) Failure of a corporation to pay its franchise tax is not an act of dissolution.-Canadian Country Club v. Johnson, 176 S. W. 835.

621 (Tex.Civ.App.) Under Rev. St. art. 2128, the court held authorized to appoint a receiver to wind up the affairs of an insolvent corporation which has forfeited its rights to do business for nonpayment of its franchise tax.-Canadian Country Club v. Johnson, 176 S. W. 835.

630 (Tex. Civ.App.) A corporation, which fails to pay the franchise tax under Vernon's Sayles' Ann. Civ. St. art. 7379, may not do any business, or sue or defend a suit.-Canadian Country Club v. Johnson, 176 S. W. 835.

Where a corporation has forfeited its right to do business because of its failure to pay its franchise tax, equity will entertain a suit by stockholders when necessary to protect the interests of the corporation.-Id.

XII. FOREIGN CORPORATIONS.

673 (Tex. Civ.App.) In an action by a foreign corporation, evidence held to show that plaintiff was not doing business within the state so as to be required to secure a permit.-Latham Co. v. Louer Bros., 176 S. W. 920.

Where a foreign corporation's petition and proof show that it was not doing business in the state, the burden is on the defendant to prove that plaintiff cannot maintain the action under Vernon's Sayles' Ann. Civ. St. 1914, art. 1318. -Id.

See Ejectment,

COSTS.

123; New Trial, 5.

V. AMOUNT, RATE, AND ITEMS. 172 (Tex.Civ.App.) Bank which delivered to M. money and notes placed with it in escrow on his guaranty against loss held properly al

See Adverse Possession, 7; Appeal and Er-
ror, 877; Evidence, 10; Highways;
Judgment, 702; Public Lands, 175.
II. GOVERNMENT AND OFFICERS.
(D) Officers and Agents.

98 (Ky.) Sureties on bond of county court clerk who held over after expiration of his term held not liable to successor for emoluments of the office collected by him while holding over, notwithstanding Ky. St. 1915, § 374.-Trammell v. Myrick, 176 S. W. 1185.

III. PROPERTY, CONTRACTS, AND

LIABILITIES.

(B) Contracts.

113 (Tex. Civ.App.) Under Rev. St. 1911, art. 7707, commissioners' court may employ counsel to sue in the name of the state for de

linquent drainage taxes.-Holt v. State, 176
S. W. 743.

IV. FISCAL MANAGEMENT, PUBLIC
DEBT, SECURITIES, AND
TAXATION.

150 (Mo.) Laws 1913, p. 121, providing for setting aside of a building fund, held in violation of Const. art. 10, § 12, limiting amount of indebtedness so as to render refusal of state auditor to register and certify county building fund bonds not erroneous. State ex rel. Christian County v. Gorden, 176 S. W. 1.

178 (Ky.) Under Const. Amend. § 157a, and Laws 1914, c. 80, § 21, held, that election on question of issuing road improvement bonds need not be held on the regular election day.Albright v. Ballard, 176 S. W. 185.

Under the act of 1914, election on question of issuing road improvement bonds held not invalid because called the day the petition was filed instead of waiting until the next term of the county court. Id.

Under act of 1914, held, that voters on question to issue road improvement bonds need not be given opportunity to pass upon the rate of interest or the length of time the bonds are to run.-Id.

182 (Tex. Civ.App.) A county is not prohibited from selling road construction bonds to road contractors, provided there is no evasion of the statute forbidding sale of bonds for less than par value and accrued interest.-Ogg v. Dies, 176 S. W. 638.

A contract for road construction work and a sale of road district bonds to the contractor

« 이전계속 »