*INDEX.

ABANDONMENT.

Of homestead right is strongly presumed against .... ... 189

ABATEMENT.

1. Actions abate and cannot be revived upon defendant's death, if the cause of action does not survive or continue 588 2. Inquisition of lunacy does not survive the defendant's death, not even as to cost; case in judgment

ACCIDENT INSURANCE.

.... 588

1. Policy insuring directly against employer's liability and one insuring against loss or damage by reason of liability distinguished; availability of proceeds ...

2. Employee is not in privity with the parties

592

592

....

3. Policy construed to be one of indemnity and not one in-
suring directly against liability; case in judgment
4. Under a policy of indemnity, insurance cannot be im-
pounded by employee

592

......

592

ACKNOWLEDGMENT.

1. Privy examination of a married woman taken before a deputy, with a certificate made by him in the name of the principal clerk of the county court, is valid

.... 237

2. Before a deputy clerk of the county court, with the certificate in his own name, is valid

ACTS CITED AND CONSTRUED.

237

1. Amendment of a statute by reciting its title in the caption of the amended act. 1879, ch. 11; 1903, ch. 366 .... 20 2. Special and local laws are not repealed by general legislation, when. 1903, chs. 258 and 366

3. Right of occupancy of streets by railroads. 1875, ch. 142 53 4. Railroads incorporated under statutes can condemn property under the eminent domain laws. 1875, ch. 142, sec. 6 ..

96

*This index was prepared by R. T. Shannon, Esq., of the Nashville bar, and it affords me pleasure to acknowledge my obligation therefor.-Reporter.

ACTS CITED AND CONSTRUED-Continued.

5. Railroad may be circular or polygonal in shape, with ini-
tial and final termini at the same place. 1875, ch. 142,
sec. 6

...

96

6. Amendment of charter extending route of an incorporated
railroad company. 1875, ch. 142, sec. 19; 1897, ch. 116 .. 96
7. Parks beyond a city's limits, and compensation therefor
1879, ch. 11; sec. 20; 1899, ch. 142, secs. 2 and 5 ...... 142
8. Privilege tax back assessed or reassessed by the clerk
of the county court. 1903, ch. 258, secs. 30, 31 and 46;
1901, ch. 174, sec. 31; 1899, ch. 435, sec. 432

9. Back assessment or reassessment of privilege tax is not
prerequisite to collection by distress warrant or other-
wise. 1903, ch. 258, sec. 28; 1903, ch. 257, sec. 14; 1901,
ch. 128, sec. 18; 1901, ch. 174, secs. 28 and 48; 1899, ch.
435, secs. 29 and 31; 1899, ch. 432, sec. 15

10. Privilege tax for three years back may be collected by
distress warrant or otherwise by the clerk of the county
court. 1903, ch. 258, sec. 28; 1903, ch. 257, sec. 14; 1901,
ch. 128, sec. 18; 1901, ch. 174, secs. 28 and 48; 1899, ch.
435, secs. 29 and 31; 1899, ch. 432, sec. 15

......

167

167

167

11. Sale of intoxicating liquors on a steamboat east of the
center of the Mississippi river within the jurisdictional
limits of Tennessee subjects the seller to a privilege tax.
1903, ch. 257, p. 615; 1901, ch. 128, p. 214; 1899, ch. 432, p.
1032
167
12. Retail of intoxicating liquors on a steamboat engaged in
interstate commerce is not itself interstate commerce, and
subjects the seller to a privilege tax. 1903, ch. 257, p.
615; 1901, ch. 128, p. 214; 1899, ch. 432, p. 1032
13. Power to hold elections is vested exclusively in the com-
missioners of registration. 1897, ch. 16

.....

... 167

. 174

189

14. Minors left here by their parent going to another State are
entitled to homestead. 1867-68, ch. 85; 1870-71, ch. 71.. 182
15. Actual occupancy of land is not essential to homestead.
1879, ch. 171 .....
16. Sale of intoxicating liquors on boat engaged in interstate
commerce while in jurisdiction of this State subjects the
seller to a privilege tax. 1903, ch. 251, sec. 4, p. 615 .... 224
17. Administrator, who is a nonresident, cannot prosecute a
suit upon the pauper oath. 1897, ch. 133; 1901, ch. 126.
(See 20, infra.)

246

18. Statutory discretion in circuit court as to abatement of
nuisances applies to the chancery court. 1901, ch. 139.. 331
19. Lien on railroad for explosives as materials used in blast-
ing, and notice thereof. 1883, ch. 220; 1891, ch. 98...... 382

ACTS CITED AND CONSTRUED-Continued.

20. Nonresident qualified here as personal representative may
sue upon pauper oath. 1897, ch. 133; 1901, ch. 126; 1903,
ch. 501. (See 17, supra.)

464

21. Title or substance of the law sought to be amended is
not recited by reference to it in Shannon's Code or that
of Milliken and Vertrees. 1899, ch. 213; 1903, ch. 43 .... 464
22. Clerk's fee for redemption receipt for the redemption of
several pieces of land sold for taxes. 1901, ch. 174, sec.
57.....

........

......

500

500
23. Statute providing penalty recoverable in a civil action is
not repealed by implication by a statute imposing a fine
for the misdemeanor. 1901, ch. 174, sec. 72
24. Statute for the purity of elections, and compelling offend-
ers to testify with immunity from prosecution, applies to
criminal cases only; no contempt, when. 1897, ch. 14 .. 517
25. Term of office of incumbent county attorney cannot be
extended by the legislature directly or by implication or
inference. 1899, ch. 352; 1903, ch. 576 ...

561

26 One subject of statute to be expressed in title; additional
and severable subject in body eliminated, preserving the
rest of the act, when. 1903, ch. 576 ..

27. Time for a statute to take effect may be fixed by legisla-
ture. 1903, ch. 576

28. Negotiable bank check, indorsed in blank, passes by de-
livery. 1899, ch. 94, secs. 9 (5), 57, 185

561

561

... 574

29. Purchaser of lost negotiable instrument, before maturity,
without actual knowledge of infirmity and without bad
faith, acquires title, when. 1899, ch. 94, sec. 56

574

30. Statute validating, ratifying, and curing irregularities and
defects in election and subscription for stock in a rail-
road by a city is constitutional, when. 1903, ch. 276 .... 697
31. Statutes authorizing subscription for stock in railroads by
cities and counties, and authorizing bonds for the pay-
ment thereof, are constitutional. 1851-52, ch. 117; 1866-67
(Private), ch. 48, sec. 6; 1867-68 (Private), ch. 6;
1887, ch. 3; 1890 (ex. ses.), ch. 24; 1903, ch. 276
ADMINISTRATORS.

697

1. Nonresident cannot prosecute a suit upon the pauper
oath.....

246

2. Nonresident qualified here as personal representative may
sue upon pauper oath

464

AFFIRMANCE.

1. Remittitur as a condition of affirmance of a judgment erro-
neous alone for excessiveness, when

488

1. Defendant cannot be required to waive or abandon appeal
upon condition of plaintiff's acceptance of remittitur.... 488
2. Do not lie from the judgment of a city council in contested
election cases, when ....

ARREST OF JUDGMENT.

639

1. After verdict for failure to state cause of action

464

2. Suit dismissed where motion in, is sustained by supreme
court.....

464

ASSIGNMENT.

1. Of funds accrued and to accrue subsequently under an
existing contract may be validly made

446

2. Right of assignee is not affected by assignor's bankruptcy
so far as subsequent creditors are concerned

446

ATTACHMENT.

1. Insufficiency of affidavit for...

1

2. Levy and publication are essentials as against. nonresi-
dents

1

3. Failure to record a sufficient order of publication does not
vitiate...

1

4. May be issued by the clerk of the court, when ...

1

5. Bona fide purchaser of a negotiable instrument is not af-
fected by attachment bill as a lis pendens ...

... 605

6. Garnishment of a negotiable note, not actually seized and
levied on under attachment, will not warrant a judgment
against the garnishee, when ...

... 605

7. Statutes authorizing attachment, and declaring void
transfers, have no extraterritorial effect to defeat a bona
fide purchaser of a negotiable instrument

BAGGAGE.

605

1. Husband's suit for the loss of his wife's baggage is not
affected by his traveling with her without paying his own
fare, when

205

BAGGAGE Continued.

2. Husband's suit for the loss of his wife's baggage is not

affected by her joinder with him as plaintiff, when

3. Includes what; but cannot be defined

......

205

205

205

4. For "the purpose of the journey" includes what; but not
household goods

........

....

5. Of a female passenger may include the clothes of her
children and her husband, fancy work, ornaments, key,
etc.

........

6. Of a married woman does not include household goods,
though moving with her husband

BANK CHECKS.

205

205

..........

... 574

1. Negotiable, indorsed in blank, pass by delivery
2. Loser of bank check, indorsed in blank, cannot recover
from the drawee bank paying it to a bona fide purchaser
after notice of loss to the bank
3. Purchaser of a lost negotiable instrument, before maturity,
without actual knowledge of infirmity and without bad
faith, acquires title, when

4. Purchaser of a lost negotiable instrument indorsed in
blank, from an unknown holder, acquires title, when;
case in judgment

574

BANKRUPTCY.

Right of assignee of choses in action is not affected by
assignor's bankruptcy so far as subsequent creditors are
concerned

BANKRUPTS.

446

1. Effect of confirmation of composition with creditors.... 288
2. Subsequent promise to pay debt included in composition
is without consideration

BENEFIT ASSOCIATIONS.

288

1. Suits by different beneficiaries on benefit certificate.. 40
2. Consolidation of such suits is proper, when ...

3. By-law against suicide is valid, and applies to substituted
certificate issued after it is made

4. Evidence held sufficient to prove intentional suicide.... 40
BILLS AND NOTES.

1. Negotiable bank check, indorsed in blank, passes by de-

livery

.....

574