MASTER AND SERVANT-Continued.

personal injuries, comparative negligence rule. Id.

injury to locomotive engineer; duty to keep engine under control;
effect of excessive speed. Id.

proof of abrogation of rule. Id.

servant held to have assumed what risks. St. Louis, I. M. & S. Ry.
Co. v. Howard, 588.

negligent use of appliances; question for jury. Id.

duty to inspect appliances for defects. Id.

injury to locomotive fireman due to to defective appliance. Id.
condition of working place; lights. Id.

injury to plaintiff through defective appliance; admissibility of
evidence of custom of all railroads concerning such appliance.
St. Louis & S. F. Rd. Co. v. Keathley, 410.
injury to locomotive fireman.

MORTGAGES:

Id.

failure to make endorsements of payments upon the record will not
defeat the mortgage. Mullins v. Wilcox, 17.

subsequent written agreement that the mortgage be kept alive. Id.
personal liability of purchaser of mortgaged property. Mott v.
American Trust Co., 70.

rights inter se of the mortgagee and the purchaser of lands covered
by the mortgage. Huffman v. Fudge, 208.

foreclosure against widow and heirs; right of minor heirs to attack
decree collaterally. Evans v. Williams, 271.

release of lien after transfer of the security. Coffin v. Planters Cot-
ton Co., 360.

nature and extent of indebtedness is covered by the language used.
Livingston v. Pugsley, 432.

lien of mortgagee in possession; repairs and improvements; charg-
able with rents. Morgan v. Mahony, 483.

sufficiency of consideration for verbal release of lien.
Thompson, 545.

MUNICIPAL CORPORATIONS:

Horton v.

authority to impose occupation tax. Laprarie v. City of Hot Springs,
346.

occupation tax in Independence County. Id.

NEGLIGENCE:

personal injuries; comparative negligence; action against railroad
company. St. Louis, I. M. & S. Ry. Co. v. Stewart, 437.

NON-CLAIM, STATUTE OF: See ADMINISTRATION.

PARTIES:

all the partners are proper and necessary parties plaintiff in an action
to enforce a partnership claim. Cannon v. Harmon, Trustee, 344.

PARTNERSHIP:

proof of the partnership relation, where A and B undertook to do
certain work together. Reeves Lbr. Co. v. Davis, 143.

where one of two partners refuses to join in an action accruing to the
partnership, the other may join him as a defendant. Id.

all the partners are proper and necessary parties plaintiff in an
action to enforce a partnership claim. Cannon v. Harmon, Trustee,
344.

purchase of stallion; joint purchase, not a partnership; joint lia-
bility. Harrison v. Walker, 555.

PERJURY:

the evidence held to warrant a conviction of. Beavers v. State, 38.
the materiality of the false statement is for the court. Id.
sufficiency of indictment.

Id.

PLEADING AND PRACTICE:

cure of defects in complaint; presumption when court has jurisdic-
tion of both the subject matter and of the defendant. Clow v.
Watson, 388.

in an action for personal injury, the complaint will be treated as
amended to conform to the proof after judgment, when. Prescott
& Northwestern Ry. Co. v. Henley, 118.

refusal of one partner to join in an action accruing to a partnership,
the other partner may join him as a defendant, when. Reeves
Lumber Co. v. Davis, 143.

proof of a tort cannot be admitted under a complaint stating a cause
of action for breach of contract. Grist v. Lee, 206.
discretion of trial court to allow amendments to pleadings during
the trial. Butler County Railroad Company v. Exum, 229.
right of plaintiff to amend complaint during trial in personal injury
action. Id.

PRINCIPAL AND AGENT:

termination of contract of agency. Security Life Insurance Co. v.
McCray, 202.

termination under the terms of the contract. Id.

erroneous finding as to commissions due. Evans v. Williams, 271.
ratification of agent's act. Coffin v. Planters Cotton Co., 360.

what constitutes ratification of an unauthorized act. Id.

release of lien in trust deed, ratification. Id.

PRINCIPAL AND AGENT-Continued.

counterclaim by principal in action of agent for wages due. Neely
v. Wilmore, 460.

collection by agent of obligation due principal; may accept money
only, when. Darragh Co. v. Goodman, 532.

nature of the relationship between the parties; seller of medical
goods. The J. R. Watkins Medical Co. v. Williams, 539.

PRINCIPAL AND SURETY:

release of one of two sureties, effect of failure on right of one surety
to contribution, where he fails to plead the aforesaid release. Lash-
brooke v. Cole, 48.

PROHIBITION, WRIT OF:

will not lie to prevent further proceedings by the chancellor, when.
Parker v. Frierson, 238.

PROPERTY: See TITLE.

a vendor's lien is not merged in the title, when the property is retrans-
ferred to the original vendor, and by him transferred to an inno-
cent purchaser. Driver v. Lacer, 150.

purchaser of land is bound by all instruments in his chain of title.
Driver v. Lacer, 150.

possession and payment of taxes under color of title. Brandon
V. Parker, 379.

right of heir of one holding under donation deed. Id.

devise of life estate with power of appointment over the fee. State
ex rel. McDaniel v. Gaughan, Exr., 548.

PROSECUTING ATTORNEYS:

right of, to fees for obtaining injunction to prohibit a nuisance.
Hickey v. State, 18.

RAILROADS:

no lien against property of, where action for personal injuries is
brought after the lapse of one year. St. Louis, I. M. & S. Ry. Co.
v. Ingram, 298.

powers of State Board of Railroad Incorporation. Bryant Lumber
Co. v. Fourche River Lumber Co., 313.

a contract whereby appellee acquired a right of way over appellant's
land in consideration of reduced freight charges to appellant is
void.

Id.

RAILROADS-Continued.

duty of railroad to maintain sidewalks where right-of-way crossed
a public street. Chicago, R. I. & P. Ry. Co. v. Redding, 368.
liability for injury to pedestrian caused by failure to maintain side-
walk over right-of-way. Id.

injury to horse on right-of-way; duty of care.

Rd. Co. v. Morse, 376.

Arkansas L. & G.

yard rules, abrogation of. St. Louis, I. M. & S. Ry. Co. v. Stewart,
437.

injury to person on track; failure to maintain proper lookout.
Chicago, R. I. & P. Ry. Co. v. Jones, 523.

duty to trespasser on track. Id.

REAL ESTATE BROKERS:

action for commissioners; proof by seller of list price. Hight v. Mar-
shall, 512.

negotiations for sale at reduced price; fidelity of broker. Id.

condemnation of lands by. Young, Admr., v. Red Fork Levee District,
61.

REMOVAL OF COUNTY SEAT: See ELECTIONS.

RES ADJUDICATA:

action on a mortgage. Livingston v. Pugsley, 432.

ROAD DISTRICTS:

formation of, necessity for filing certain plats and estimates. Griffin
v. Boswell, 234.

effect of failure to comply with the statute (Act 338, Acts of 1915).
Id.

SALES:

rights of vendee where title is retained. Fears v. Watson, 341.
reservation of title, parol proof to vary. Id.

effect of attachment to the land of chattels purchased subject to a
reservation of title.

Id.

purchase of stallion; community of interest does not create a part-
nership. Harrison v. Walker, 555.

definition of. Scoggin v. Morrilton, 585.

may be proved, how. Id.

SCHOOL DISTRICTS:

change of boundaries in Greene County. Special School District v.

Howard, 475.

authority of county court to dismember. Id.

legislative authority to form and dissolve school districts. Id.

SERVICE OF SUMMONS:

validity of service of summons upon defendant out of court in county
other than that of his residence. Seelbinder v. Witherspoon, 331.
a judgment rendered upon improper service will be reversed and the
cause dismissed, when. Id.

STATUTES:

construction of where there is an ambiguity. Payne v. State, Use City
of Booneville, 20.

interpretation, right to look at title. Laprarie v. City of Hot Springs,