TAX DEEDS.

See Adverse Possession, 79, 100.
TELEGRAPHS AND TELEPHONES.
See Master and Servant, 233; Principal
and Agent, 22; Taxation, 114.
II. REGULATION AND OPERATION.

of incorporation as to create substantially a new corporation, is liable to the taxes on its original stock imposed by Ky. St. § 4225.-Id. A railroad corporation which accepts the Constitution of 1891, and which amends its articles so as to obtain power to operate telegraph and telephone systems for hire is not subject to tax under Ky. St. § 4225, on its original stock.-Id. (C) Public Property and Institutions. 184 (Ky.) The property of the waterworks 53 (Ark.) Nondelivery of a telegram held system of a city which supplied other cities not to have prevented a son from attending the and towns, as permitted by Ky. St. § 3058, funeral of his father, and he could not recover subd. 4, is exempt from taxation, under Const. for mental anguish.-Western Union Telegraph § 170, since the income therefrom must be ap- Co. v. Mulkey, 176 S. W. 120. plied to a public purpose, under Ky. St. § 3104.68 (Ark.) One deprived of privilege of send-District of Highlands v. City of Covington, 176 S. W. 192.

(D) Exemptions,

195 (Tex.Civ.App.) Vernon's Sayles' Ann. Civ. St. 1914, art. 7566, authorizing assessment of omitted property, held not in conflict with the Constitution, prohibiting the Legislature from exempting property from taxation or extinguishing indebtedness for taxes.-State v. Cage, 176 S. W. 928.

241 (Ky.) Hospital held a public charity and exempt from taxation as such, though some patients able to pay were charged more than the actual cost of their care and treatment.City of Dayton v. Trustees of Speers Hospital, 176 S. W. 361.

V. LEVY AND ASSESSMENT. (B) Assessors and Proceedings for As

sessment.

317 (Tex. Civ.App.) An assessor has only the powers expressly given by statute.-State v. Cage, 176 S. W. 928.

ing his brother-in-law money for use to enable him to attend funeral of his father, caused by nondelivery of message asking for money, held not to suffer mental anguish.-Western Union Telegraph Co. v. Mulkey, 176 S. W. 120.

TENANCY IN COMMON.

II. MUTUAL RIGHTS, DUTIES, AND
LIABILITIES OF COTENANTS.

19 (Mo.) Where defendants, tenants in common with plaintiffs, in pursuance of a conspiracy, procured the sale of the land on execution and its purchase by one for their benefit, the transaction will be set aside.-Siela v. Kneib, 176 S. W. 1052.

III. RIGHTS AND LIABILITIES OF
COTENANTS AS TO THIRD
PERSONS.

55 (Tex.Civ.App.) A tenant in common may sue in trespass to try title for the whole tract, against a trespasser, without joining cotenants. Lane v. Miller & Vidor Lumber Co., 176 S. W. 100.

TENDER.

(C) Mode of Assessment in General. 327 (Tex.Civ.App.) Vernon's Sayles' Ann. See Accord and Satisfaction, 11. Civ. St. 1914, art. 7566, providing for the assessment of omitted property, is not repealed by article 7661.-State v. Cage, 176 S. W. 928.

362 (Tex.Civ.App.) A general statute for the assessment of property does not authorize assessments for prior years when other assessors were in office.-State v. Cage, 176 S. W. 928.

VII. PAYMENT AND REFUNDING OR
RECOVERY OF TAX PAID.

534 (Ark.) Where, on account of the tax collector's mistake, taxes for any year are refused when tendered by the owner, he is entitled to redeem the land, if sold for nonpayment.-Fleischer v. Wappanocca Outing Club, 176 S. W. 312.

THEATERS AND SHOWS.

6; Master and

See Exchange of Property,
Servant, 129, 209, 217, 276.

See Larceny.

THEFT.

TIMBER.

See Logs and Logging.

TIME.

See Exceptions, Bill of, 39; Jury, ~127;
New Trial, 117; Sales, 81.

VIII. COLLECTION AND ENFORCE-8 (Ky.) Under Civ. Code Prac. §§ 565, 567,
MENT AGAINST PERSONS OR
PERSONAL PROPERTY.

(B) Summary Remedies and Actions. 586 (Tex.Civ.App.) Under Vernon's Sayles' Ann. Civ. St. 1914, art. 7661, a right of action for taxes does not exist without an assessment. -State v. Cage, 176 S. W. 928.

592 (Tex. Civ.App.) In an action for taxes defendant may not urge want of authority to sue because of the absence of authorization by the commissioners' court of the county, in the absence of a verified plea and of proof.-State v. Cage, 176 S. W. 928.

XIII. LEGACY, INHERITANCE, AND
TRANSFER TAXES.

885 (Tenn.) Devisees in remainder held not entitled to the enjoyment of the estate so as to be liable for inheritance taxes within Shannon's Code, $$ 726, 727; their interest being liable to be divested.-McLemore v. Raine's Estate,

571, depositions need not be taken upon interrogatories where the distance to be traveled can be covered in 14 hours, and 2 days' notice has been given, the word "day," as used in the statute meaning 24 hours.-Fireman's Ins. Co. of Newark v. McGill, 176 S. W. 27.

TITLE.

See Adverse Possession; Appeal and Error,
38; Courts, 231; Ejectment, 9; In
surance, 328; Landlord and Tenant,
62, 63; Municipal Corporations, 112;
Property, 9; Quieting Title; Sales,
477; Statutes, 123; Stipulations, 18;
Trespass, 19.

TORTS.

See Assault and Battery, 10-43; Conspiracy; Death; Fraud; Libel and Slander; Master and Servant, 103-129, 204-211, 233; Municipal Corporations, 742-838;

per cent. joint interest in such notes and the stock pledged to secure them.-Mutual Loan & Investment Co. v. Matthews, 176 S. W. 924.

50 (Tex.Civ.App.) Measure of damage for conversion, while maker was solvent, of notes given to cover purchase price of stock sold by plaintiff, in which notes he held a 15 per cent. interest as commission, held 15 per cent. of the face of such notes.-Mutual Loan & Investment Co. v. Matthews, 176 S. W. 924.

In an action for conversion of notes given for the price of stock sold by plaintiff, in which notes he had a 15 per cent. interest as commission, converted by defendant, his principal, by transferring them to liquidate its own debt, judgment for plaintiff for 15 per cent. of face of notes, less credit arising through individual dealings between him and purchaser of stock, held proper.-Id.

See Executors and Administrators, 111;
Monopolies, 10-26; Wills, 681.

I. CREATION, EXISTENCE, AND VA- See Carriers, 211.

44 (Tex.Civ.App.) Evidence held not to show See Corporations, 377. that plaintiff had authorized his Co-owner of notes secured by second vendor's lien to protect his interest at a judicial sale of the premises, so as to entitle him to share in the See Wills, 155–166. profits.-Evans v. Carter, 176 S. W. 749.

II. CONSTRUCTION AND OPERA-
TION OF CONTRACT.

53 (Tex.Civ.App.) A deed, bill of sale, notes, and mortgage on the property conveyed, executwith superior title in the grantor.-Dicken v. ed at the same time, are an executory contract, Cruse, 176 S. W. 655.

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(B) Rescission by Vendor.

(C) Constructive Trusts. 102 (Ky.) Person borrowing ward's money 98 (Tex.Civ.App.) Before a vendor can rẻfrom guardian, and loaning it to the guardian scind a contract for the sale of land on account individually, held a quasi trustee, and liable of the purchaser's nonperformance, he must

132 (Mo.App.) Prejudicial effect of improp- | defendant negligently failed to give plaintiff iner argument of counsel held cured by the court's structions.-Dunman v. Raney, 176 S. W. 339. admonition, and by a statement that a part of 191 (Mo.App.) In an action for damages it was improper, and withdrawal of same by caused by defendant's automobile running into counsel.-German-American Bank v. Camery, plaintiff's wagon and horse on a city street, an 176 S. W. 107. instruction held erroneous as assuming that the automobile struck the wagon, and that plaintiff was thereby injured.-Flannigan v. Nash, 176 S. W. 248.

133 (Ky.) In railroad's condemnation proceedings, instruction that jury should not consider statements of the road's counsel as to amount of damages reported by commissioners192 (Tex.) Since the state treasurer's reand as to that being the second trial held to ceipt for the money paid by a purchaser of sufficiently cure the misconduct of counsel.school land was dated July 13th did not conStafford v. Big Sandy & K. R. Ry. Co., 176 trovert positive evidence afforded by an entry S. W. 14. on the treasurer's account that the payment was made on June 28th, it was not error for the court to assume in an instruction that payment was made on June 28th.-Houston Oil Co. of Texas v. McGrew, 176 S. W. 45.

133 (Ky.) Improper argument of counsel held not harmful, where the court admonished the jury to disregard it.-Central Kentucky Natural Gas Co. v. Salyer, 176 S. W. 183.

133 (Mo.App.) Court's action in withdrawing remarks of plaintiff's counsel from jury held to have cured any error therein.-Whelan v. United Zinc & Chemical Co., 176 S. W. 704.

VI. TAKING CASE OR QUESTION
FROM JURY.

An instruction on acquisition of title by adverse possession held not objectionable, in view of the undisputed evidence, as invading the province of the jury.-Id.

194 (Tex.Civ.App.) A request to charge directly on the weight of the evidence is properly rejected.-Magnolia Paper Co. v. Duffy,

(A) Questions of Law or of Fact in Gen- 176 S. W. 89.

eral.

139 (Tex.Civ.App.) The weight of evidence is for the jury.-Gulf, C. & S. F. Ry. Co. v. Green, 176 S. W. 63.

140 (Tex.Civ.App.) The jury alone could pass upon the credibility of witnesses, and though the trial judge doubted the testimony he had no authority to discard it.-Zeigel v. Magee, 176 S. W. 631.

143 (Ky.) It was the province of the jury to pass on conflicting evidence.-Campbell v. Chitwood, 176 S. W. 36.

(B) Demurrer to Evidence.

156 (Mo.App.) In determining defendant's demurrer to the evidence, the plaintiff is entitled to the benefit of all the inferences which the jury can legitimately and properly draw from the evidence.-Pfeifer v. Supreme Tribe of Ben Hur, 176 S. W. 710,

(D) Direction of Verdict.

169 (Ky.) To authorize a peremptory instruction for defendant, it must appear that, admitting plaintiff's testimony to be true, with every inference fairly deducible therefrom, he has failed to support his cause of action.-Kentucky Traction & Terminal Co. v. Wilson, 176 S. W. 991.

210 (Mo.App.) Where there was a sharp conflict in the testimony of the witnesses as to a material fact, it was proper to give the ordinary instructions as to the credibility of the witnesses, though no witness was impeached. -Schuler v. Metropolitan Life Ins. Co., 176 S. W. 274.

219 (Ky.) In an action for slander in saying that plaintiff had committed fornication and was a lewd woman, where the answer admitted such words or their substance, an instruction held not objectionable for failing to explain the meaning of such words.-Compton v. Wilkins, 176 S. W. 36.

(C) Form, Requisites, and Sufficiency.

234 (Ark.) In an action to recover possession of land, an instruction that the burden was upon plaintiff to establish his case was not erroneous, although one of the issues was that of defendant's adverse possession.-Newman v. Peay, 176 S. W. 143.

169 (Tex. Civ.App.) Where plaintiff charged two distinct grounds of negligence, and abandon- An instruction that the burden of proof is ed the first at the trial, but supported the second upon defendant to prove adverse possession by sufficient evidence, defendant was not enti- held rightly refused as being misleading.-Id. tled to a directed verdict, in that its plea of con-234 (Mo.App.) Modification of requested intributory negligence as to the first ground was struction on burden of proof held not error.confessed by failure to traverse.-International Barnard v. Waverly Brick & Coal Co., 176 S. & G. N. Ry. Co. v. Woldert Grocer Co., 176 S. W. 1108.

W. 613.

a

176 (Ark.) Where defendant requested peremptory instruction, but thereafter requested other instructions on the issues, it did not waive its right to have the issues submitted so that a peremptory instruction could be granted for plaintiff on his motion.-St. Louis, I. M. & S. Ry. Co. v. Ingram, 176 S. W. 692.

177 (Ark.) Though there is a substantial conflict in the testimony, each party, by requesting a directed verdict for himself, without requesting other instructions, waives the right to decision by jury, so that the court's direction had the effect of a verdict.-Hill v. Kavanaugn, 176 S. W. 336.

VII. INSTRUCTIONS TO JURY. (A) Province of Court and Jury in Gen

eral.

191 (Ark.) In action against physician for malpractice instruction on contributory negli

243 (Ark.) In action against church and its building committee to recover for architect's plans for building to cost more than committee was authorized to build, instructions as to liability of church and of committee held conflicting.-Swearingen v. C. W. Bulger & Son, 176 S. W. 328.

243 (Mo.App.) In an action against carrier for negligently delaying a shipment of live stock, instructions of plaintiffs and defendant held not contradictory as desiguating different destinations.—Sikes v. St. Louis & S. F. R. Co., 176 S. W. 255.

244 (Tex.Civ.App.) An instruction emphasizing evidence is properly refused.-Texas & P.

attention thereto by a specific request.-Dunman v. Raney, 176 S. W. 339.

250 (Ky.) In action for price of goods 256 (Tex. Civ.App.) Where a party desires a bought by defendant's husband as her agent, in more complete instruction, he should prepare the absence of either pleading or evidence on and request an instruction to that effect.-Liverthe subject, an instruction that a novation ef- pool & London & Globe Ins. Co. v. Lester, 176 fected by plaintiffs' acceptance of the husband's S. W. 602. individual note would discharge the defendant 260 (Ark.) In an action to recover goods, held properly refused as abstract.-Howard V. Strawbridge & Clothier, 176 S. W. 977.

251 (Mo.) In employé's action for injuries, instruction held erroneous as submitting negligent act not alleged to have been the cause of the injury. State ex rel. National Newspapers' Ass'n v. Ellison, 176 S. W. 11.

251 (Mo.App.) Instructions must be framed with regard to the issues made by the pleadings. -Silverthorne v. Summit Lumber Co., 176 S. W.

441.

251 (Tex.Civ.App.) An issue not raised by the pleading should not be submitted.-World's Special Films Corporation v. Fichtenberg, 176

S. W. 733.

sold conditionally, from one holding under a mortgage given by the buyer, a requested charge on the issue of estoppel of the seller to question the mortgage held not covered by a given charge as to his ratification of the mortgage.Holiman v. Roush, 176 S. W. 127.

260 (Ark.) In action against physician for malpractice defendant's requested instructions on contributory negligence held covered by those given.-Dunman v. Raney, 176 S. W. 339.

for death of brakeman under federal Employers' 260 (Ark.) In an action against a railroad Liability Act, amended by Act April 5, 1910, instruction on assumption of extraordinary risks held properly refused as covered, so far as correct, by another charge given.-St. Louis, I. M. & S. Ry. Co. v. Rodgers, 176 S. W. 696.

252 (Ark.) Abstract instructions, without evidence to support them, were properly refused. -Dunman v. Raney, 176 S. W. 339. 252 (Mo.App.) Written admission by insur-260 (Ky.) In an action for the death of a ed as to connection with fire held not such di- tion held not prejudicial, in view of instructions pedestrian, at a crossing, refusal of an instrucrect evidence as rendered inapplicable an instruction as to circumstantial evidence.-Rice given.-Chesapeake & O. Ry. Co. v. Hoskins' v. Detroit Fire & Marine Ins. Co. of Detroit, Adm'r, 176 S. W. 29. Mich., 176 S. W. 1113.

252 (Tex.Civ.App.) Where the defense to a purchase-money note was fraud, but there was no evidence as to the market value of the goods, it was error to give an instruction authorizing recovery, for the difference between the value as represented, and the market value.-Latham Co. v. Snell, 176 S. W. 917.

260 (Mo.) Error in refusing defendant's requested instruction as to plaintiff's right of recovery held not cured by instruction given, where jury might have found for defendant under its requested instruction, although finding against it under given instruction.-Northam v. United Rys. Co. of St. Louis, 176 S. W.

227.

253 (Ark.) In an action to recover goods 260 (Mo.App.) In an action on a life inconditionally sold, instructions held erroneous surance policy, an instruction defiring vexaas ignoring the issue of ratification by the tious delay held sufficient, so that it was propseller of a subsequent mortgage of the goods.- er to refuse an instruction requested by deHoliman v. Roush, 176 S. W. 127. fendant defining it.-Schuler v. Metropolitan Life Ins. Co., 176 S. W. 274.

253 (Mo.App.) An instruction held erroneous, being in effect a peremptory instruction to find for plaintiff, whether defendant was negli gent or not.-Davis v. Metropolitan St. Ry. Co., 176 S. W. 1067.

253 (Tex. Civ.App.) An issue clearly raised by the evidence should be submitted to the jury. -World's Special Films Corporation v. Fichtenberg, 176 S. W. 733.

260 (Mo.App.) A requested instruction covered by those given was properly refused.-German-American Bank v. Camery, 176 S. W. 1076.

260 (Tex.Civ.App.) It is no error to refuse special instructions where the substance thereof has been covered by other instructions.Magnolia Paper Co. v. Duffy, 176 S. W. 89. 253 (Tex.Civ.App.) A charge that if the ju-260 (Tex.Civ.App.) Error could not be predry found that a corporation's manager acting for the corporation made the false representations, they should find against it, held erroneous under the pleading and evidence as not requir; ing a finding that the manager was authorized by the corporation.-Latham Co. v. Snell, 176 260 (Tex.Civ.App.) Charges covered by the S. W. 917.

(E) Requests or Prayers.

255 (Mo.App.) In salesman's action for commission, where his only instruction was that, if jury found for him, they should find that he was entitled to a certain percentage, defendant could not object on ground that there should have been other instructions as to facts to be believed to find for plaintiff.-Petershagen v. Star Clothing Co., 176 S. W. 466.

255 (Mo.App.) Plaintiff in a negligence action should present instructions informing the jury of the theory upon which he seeks to recover.-Davis v. Metropolitan St. Ry. Co., 176

S. W. 1067.

255 (Tex.Civ.App.) Defendant desiring a charge on contributory negligence should request it. Andrews v. Viraldo, 176 S. W. 737.

icated on the refusal of a requested instruction, where one was given on the same point more favorable to the objecting party.-Lone Star Canal Co. v. Broussard, 176 S. W. 649.

charge given are properly refused.-World's Special Films Corporation v. Fichtenberg, 176 S. W. 733.

260 (Tex.Civ.App.) In an action against a light company and a city for personal injury from an electric shock, defendant company's requested charges held properly refused, where the general charge affirmatively submitted the facts included in the requested charges.-McKinney Ice, Light & Coal Co. v. Montgomery, 176 S. W. 767.

city for personal injury from an electric current, In an action against a light company and a the company's requested charge on active negligence held properly refused because covered by a charge submitting the facts on which the city would be solely liable.-Id.

city for personal injuries from an electric curIn an action against a light company and a rent, the refusal of the company's charge on liability in the event of accident held proper, where such liability was covered by the general charge.

256 (Ark.) Defendant, if believing that an instruction permitted recovery for injury not set up in the complaint, was bound to call court's-Id.

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

of Vernon's

(B) Parties and Persons Interested in Event.

(M) Operation and Effect. 434 (Tex.Civ.App.) Purpose Sayles' Ann. Civ. St. 1914, arts. 7875, 7877,106 (Ky.) The husband of one of two deis to permit one owning land under will probat- fendants, who must succeed or fail together, ined in sister state to preserve muniment of competent under Civ. Code Prac. § 606, subsec. title without probating will, under article 3276. 1, to testify for his wife, cannot testify for the -Lane v. Miller & Vidor Lumber Co., 176 S. other.-Dunbar v. Meadows, 176 S. IV. 1167.

W. 100.

(B) Designation of Devisees and Legatees and Their Respective Shares. 525 (Mo.App.) A will directing payment to husband of testatrix of a sum monthly during administration, and a greater sum after settlement of administration, held to give him only a specified sum monthly until administration is closed, though extended beyond to statutory two years' period.-In re Jamison's Estate, 176 S. W. 271.

A will held to confer on the executor discretionary power to pay to the husband of testatrix, in case of sickness, a sum in addition to the monthly sum provided for by the will so that no additional sum could be claimed as a right because of sickness.-Id.

(E) Nature of Estates and Interests Created.

600 (Ky.) On devise of all testator's estate to his wife "in fee simple to dispose of as she wishes," the words relating to disposition added nothing to the estate, as without them, the wife was vested with the fee and full right of disposition.-Hinton v. Hinton, 176 S. W. 947.

601 (Ky.) On bequest of fee to wife with direction that after her death there be paid to certain named persons certain sums out of the estate, the charges were payable after her death, and were not void as a limitation on the fee.Hinton v. Hinton, 176 S. W. 947.

(F) Vested or Contingent Estates and Interests.

634 (Ky.) A will giving the income of testator's estate to his wife and fee in remainder to a daughter, subject to right of executor to sell to support the wife, held to give the daughter a defeasible fee in remainder.-Robb's Guardian v. Orm's Ex'r, 176 S. W. 221.

(H) Estates in Trust and Powers.

In

(C) Testimony of Parties or Persons terested, for or against Representatives, Survivors, or Successors in Title or Interest of Persons Deceased or Incompetent.

140 (Mo.App.) Rev. St. 1909, § 6354, does not render incompetent testimony by the state factory inspector as to a conversation with a mill superintendent, since deceased, as to a dangerous machine which killed plaintiff's intestate.-Daniels v. Goeke, 176 S. W. 301.

140 (Tex. Civ.App.) Rev. St. 1911, art. 3690, does not disqualify an interested person, not a party to a suit between heirs, from testifying to a transaction with the ancestor.-Dicken v. Cruse, 176 S. W. 655.

141 (Mo.App.) Evidence of a conversation between the agent, who solicited insurance, and the beneficiary, the husband of insured, is not admissible against the company after the death of the agent.-Schuler v. Metropolitan Life Ins. Co., 176 S. W. 274.

150 (Ky.) One of two grantees incompetent under Civ. Code Prac. § 606, subsec. 2, to testify for herself, as to transaction with or declarations of deceased grantor, cannot, in an action against them to avoid the deed for nondelivery, testify for the other.-Dunbar v. Meadows, 176 S. W. 1167.

154 (Mo.App.) Permitting defendant to testify as to conversations with agents of the plaintiff bank other than its cashier, since deceased, held not error, where he was not permitted to testify to transactions with the cashier.-German-American Bank v. Camery, 176 S.

W. 1076.

159 (Ky.) Under Civ. Code Prac. § 606, subsec. 2, indemnitor, suing contractor's surety, held not competent to testify that surety's deceased agent told him to complete the contract, and that the surety would do what was right.Title Guaranty & Surety Co. v. Hay, 176 S W. 957.

III. EXAMINATION.

(A) Taking Testimony in General.

234 (Tex.Civ.App.) By express provision of Vernon's Sayles' Ann. Civ. St. 1914, art. 3647, a party may, like any other person, be examined as a witness by the opposing party.-Campbell v. Peacock, 176 S. W. 774.

252 (Mo.App.) A sketch of the place of an 681 (Tex.Civ.App.) Where a will express-accident, made from a photograph and used ly or by necessary implication creates trusts and imposes on the executor duties performed merely to illustrate the testimony, held admisby trustee, he takes such title as is requisite. sible, though there was no proof as to when or how the photograph was taken.-Daniels v. -Lane v. Miller & Vidor Lumber Co., 176 S. Goeke, 176 S. W. 301. W. 100.

Will duly probated in a sister state held to vest title to real estate in executor, as trustee, and he could, as trustee, maintain trespass to try title and for damages. Id.

WITNESSES.

See Continuance, 26; Criminal Law, 600, 614; Depositions: Evidence; Trial, 140, 210; Wills, 295.

II. COMPETENCY.

(A) Capacity and Qualifications in Gen

eral.

(B) Cross-Examination and Re-Examina

tion.

IV. CREDIBILITY, IMPEACHMENT,
CONTRADICTION, AND COR-

ROBORATION.

40 (Tex.Cr.App.) Admitting testimony of prosecutrix aged six, who stated that she knew what was meant when she took the oath, and who detailed the transaction very intelligently, (D) Inconsistent Statements by Witness. was not an abuse of trial court's discretion.379 (Tex.Cr.App.) In a murder trial, evidence in rebuttal of statements purporting to Brown v. State, 176 S. W. 50.