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Friedlander & Oliven Company v. John Gyulia; Ashley Chancery Court; Z. T. Wood, Chancellor; compromised and settled, and appeal dismissed, April 22, 1912; per curiam.

Cul L. Pearce v. Independence Chancery Court; George Humphries, Chancellor; affirmed under rule seven, April 29, 1912; per curiam.

Ed LeLaurin v. The State of Arkansas; Jefferson Circuit Court; Antonio B. Grace, Judge; appeal dismissed for failure to comply with condition prescribed by statute, April 29, 1912; per curiam.

C. E. Heckler et al. v. Price Shofner; Pulaski Chancery Court, John E. Martineau, Chancellor; appeal dismissed on appellant's motion, May 6, 1912; per curiam.

N. R. Pollan v. Peycke Brothers Commission Company; Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; affirmed under rule seven, May 13, 1912; per curiam.

Will Lynn ex parte; certiorari to Lee Circuit Court; Hance N. Hutton, Judge; order of circuit court denying bail affirmed, May 20, 1912; per curiam.

INDEX

ACTION:

authority to bring, question for court when. Bearden v. St. Louis,

1. M. & S. Ry. Co., 341.

limitation to right to revive. Peay v. Pulaski County, 601.

ADMINISTRATION:

validity of order of sale of land. Long v. Hoffman, 574.
validity of second offering for sale for debts. Id.

AGENCY:

authority of general agent. Oakleaf Mill Co. v. Cooper, 79.
presumption as to agent's authority. Id.

effect of agent selling to himself. Am. Mtge Co. v. Williams, 484.
such purchase voidable.

Id.

when acquiescence and ratification by principal established
when principal barred by laches. Id.

APPEAL AND ERROR:

Id.

when bill of exceptions unnecessary. Queen of Arkansas Ins. Co.
v. Bramlett, 1.

presumption on appeal. Id.

when jury's verdict conclusive. Hydrick v. State, 4.

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effect of amendment thereof in accused's absence. Id.

time within which bill of exceptions must be filed. Madison
County v. Maples, 44.

presumption as to time of filing. Id.

conclusiveness of jury's finding. St. Louis, I. M. & S. Ry. Co. v.
Owens, 61.

necessity of objection to evidence. Williams v. State, 70.

admission of incompetent evidence harmless when. Benson v.
State, 87.

effect of general objection to evidence. Strickland v. Strickland,
183.

effect of objections to form of instructions.
conclusiveness of former opinion.

Id.

Williams v. Fulkes, 196.

erroneous instruction harmless when. Robinson & Son Contracting
Co. v. Twin City Bank, 219.

when verdict conclusive on appeal. Vaughan v. Cooper, 260.

questions not raised on original hearing waived on rehearing. Id.

APPEAL AND ERROR-Continued.

appellant bound by bill of exceptions when. Grayson-McLeod
Lumber Co. v. Johnson, 266.

conclusiveness of recitals of bill of exceptions. Id.
when erroneous modification of instruction harmless.
V. Reinsch, 307.

Thielman

errors abandoned by failure to make abstract when. Id.
effect of omitting error from motion for new trial. Id.
when error in sustaining demurrer to complaint harmless. Id.
admission of dying declaration harmless when. Crowley v. State,
315.

necessity of bringing forward exception to counsel's argument in
motion for new trial. St. Louis, I. M. & S. Ry. Co. v. Earle, 356.
verdict for nominal damages set aside when. Bothe v. Morris, 370.
question not raised on appeal for first time when. Planters' Fire
Ins. Co. v. Nichols, 387.

waiver of assignments of error by omission from brief.
State, 391.

Reed v.

effect of failure to comply with rule 9. Reeves v. Hot Springs, 430.
presumption in favor of authority of county court to contract for
county bridge. Watkins v. Stough, 468.

conclusiveness of chancellor's finding. Kissire v. Plunkett-Jarrell
Gro. Co., 473.

necessity of objection in capital case. Alexander v. State, 505.
admission of hearsay evidence to establish undisputed fact held
harmless. Kansas City So. Ry. Co. v. Morrison, 522.

when error in admitting evidence cured by instruction. Id.
refusal of continuance not reversible error when. Newhouse Mill
& Lumber Co. v. Keller, 538.

time for filing bill of exceptions. Early & Co. v. Maxwell & Co., 569,
how time for filing bill of exceptions computed. Id.

effect of failure to raise objection below. Kansas City So. Ry. Co.
v.Crossen, 613.

evidence held harmless. Sligo Iron Store Co. v. Guist, 618.

ASSAULT WITH INTENT TO KILL:

elements of the offense. Hankins v. State, 28.

instruction as to presumption that one intends the consequences
of his acts approved. Id.

not error not to give instruction as to lower degrees when. Id.
instruction as to aggravated assault properly refused when. Id.

ATTACHMENT:

damages recoverable on dissolution of attachment. Rodgers v.
Cades, 187.

ATTORNEY AND CLIENT:

lien of attorney enforced in trial court. May v. Ausley, 306.

attorney employed by attorney entitled to compensation when.
Boynton v. Brown, 513.

when attorney not guilty of negligence. Id.

AUTOMOBILE: See LABORER'S LIEN.

BAILMENT: See INNKEEPERS.

whether gratuitous bailee exercised due care question for jury
when. Baker v. Bailey, 12.

BANKRUPTCY:

four motnhs' limitation inapplicable to action to cancel fraudulent
conveyance. Boyd v. Arnold, 105.

trustee's suit held not to displace creditor's lien when. Id.

BILLS AND NOTES: See PRINCIPAL AND SURETY.

effect of indorsing note before it was put in circlatiou. Kissire
V. Plunkett-Jarrell Gro. Co., 473.

BRIDGES:

validity and effect of contract for building county bridge. Wat-
kins v. Stough, 468.

authority of county court to contract for bridge. Id.

CARNAL ABUSE: See RAPE AND CARNAL ABUSE.

CARRIERS:

what is baggage question for jury when. St. Louis, I. M. & S. Ry.
Co. v. Miller, 37.

baggage defined. Id.

what is not baggage.

Id.

liability of carrier for articles received as baggage. Id.

liability for freight shipped as baggage. Id.

duty in delivery of freight. Chicago, R. I. & P. Ry. Co. v. Lewis,
99.

duty toward persons unloading freight. Id.
negligence question for jury when.

Id.

when contributory negligence for jury. Id.

when risk not assumed. Id.

way-bill defined. Berry v. State, 153.

liability for unlawful shipment of game. Eager v. Jonesboro, L.
C. & Eastern Express Co., 288.

when relation of carrier and passenger exists. St. Louis, I. M. &
S. Ry. Co. v. Whitacre, 332.

CARRIERS-Continued.

duty to give notice of arrival of freight. Kansas City So. Ry. Co.
v. Morrison, 522.

right to special damages for delay in shipment. Id.
burden of proof in such case. Id.

negligence in putting off passengers at wrong station as proximate
cause of injuries received. Louisiana & Ark. Ry. Co. v. Rider,
558.

erroneous instruction as to forcible ejection of passenger harmless
when. Id.

when award of damages excessive. Id.

when not excessive. Id.

CASES OVERRULED, ETC.:

Bowman v. Worthington, 24 Ark. 522, modified. Ex parte Helmert,
573.

CONSTITUTIONAL LAW:

when constitutional provision self-executing. Arkansas Tax Com-
mission v. Moore, 48.

initiative and referendum amendment held self-executing. Id.
authority of Legislature to delegate powers. Lee Wilson & Co. v.
Wm. R. Compton Bond & Mtge. Co., 452.

statute held not to impair obligation of contract.
Texarkana, 529.

CONTINUANCE:

Sanderson v.

when application properly denied. Peters v. State, 119.
discretion of court to grant. Morris v. State, 352.

when discretion not abused. Id.

discretion of court to grant. Fi. Smith & V. B. Dist. v. Scott, 405.
when application properly denied.

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for absent witness properly denied when. Chicago, R. I. & P. Ry.
Co. v. Harris, 509.

pendency of suit in Federal case not ground for continuance in
suit pending in State court. Boynton v. Brown, 513.

refusal of continuance not reversible error when. Newhouse Mill
& Lumber Co. v. Keller, 538.

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act forbidden by statute or common law can not be foundation
of valid contract. Egger v. Jonesboro, L. C. & E. Exp. Co., 288.

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