effect of settlement of estate upon right to order land to be sold.
Abramson v. Rogers, 189.

sufficiency of complaint against an administrator. Wilkerson v. Eads,
296.

sufficiency of authentication of claim. Id.

effect of not presenting authenticated claim to administrator. Id.
sufficiency of complaint impeaching settlement in equity. Floyd v.
Newton, 459.

how settlement impeached. Id.

how settlement impeached as a whole. Id.

right of deceased's debtor to offset barred claim. Watkins v. Parker,
492.

what claims must be probated. Id.

when claims must be authenticated. Kaufman v. Redwine, 546.
immaterial that executor or administrator knows of claim. Id.
effect of repeal of statute of nonclaims. Id.

ADVANCEMENT:

presumption where father takes deed to son. Cotton v. Citizens' Bank,
568.

ADVERSE POSSESSION:

what constitutes. Watson v. Hardin, 33.

widow's possession of deceased husband's homestead not adverse
when. Id.

necessity of notice to render same adverse. Id.

adverse possession as authorizing removal of cloud. Wilson v. Rogers,
369.

continuity not broken when. Id.

AGENCY:

declarations of agent inadmissible against principal when. Caldwell v.
Nichol, 420.

APPEAL AND ERROR:

failure to charge as to measure of damages is harmless where jury
finds for defendant. First. Nat. Bank of Newark v. People's Nat.
Bank of Springfield, 15.

verdict supported by substantial testimony upheld. Cloth v. Chicago,
R. I. & P. Ry. Co., 86.

presumption that objection to deposition correctly stated facts when.
Ferguson & Wheeler Land, Lbr. & Handle Co. v. Good, 106.
appellant cannot complain of evidence not within the issues if he
introduced controverting evidence. Cleveland-McLeod Lumber Co.
v. Hopson, 109.

evidence held to be harmless. Id.

appeals in misdemeanors must be perfected within sixty days. Brom-
ley v. State, 116.

costs of appeal in divorce case adjudged against husband when. Cor-
ney v. Corney, 117.

presumption that chancellor did not consider incompetent testimony.
Prall v. Richards, 135.

former opinion is law of case. Lewis v. Jones, 147.

admission of incompetent evidence cured by instructions when. West-
ern Union Telegraph Company v. Gillis, 226.

variance between summons and complaint not raised on appeal.
Wilkerson v. Eads, 296.

refusal to give proper instruction is harmless when. A. L. Clark
Lumber Co. v. Bolin, 344.

presumption where evidence is not brought up. Robinson v. Wynne,
366.

effect of discharge of receiver pending an appeal from judgment in
his favor. O'Leary v. Brent, 372.

conclusiveness of verdict on appeal. St. Louis, I. M. & S. Ry. Co. v.
Coleman, 438.

rule as to determining sufficiency of evidence to support verdict on
appeal. Chicago, R. I. & P. Ry. Co. v. Grubbs, 436.

conclusiveness of chancellor's finding. Cunningham v. Toye, 537-
failure to bring up diagram used in evidence will not prevent reversal
when. Headrick v. H. D. Cooperage Co., 553.

defect of parties not raised on appeal. St. Louis, I. M. & S. Ry. Co.
v. Watson, 560.

necessity of showing on appeal what excluded testimony would have
proved. New Hampshire Fire Ins. Co. v. Blakely, 564.

conclusiveness of chancellor's finding. Cotton v. Citizens' Bank, 568.
necessity of exceptions and motions for new trial. Fourche River
Lbr. Co. v. Bryant Lbr. Co., 623.

ARBITRATION AND AWARD:

contract to submit difference to arbitration construed. Fourche River
Lbr. Co. v. Bryant Lbr. Co., 623.

ASSIGNMENTS: See SALES OF CHATTELS.

ATTACHMENT:

liability of sureties upon retaining bond. Lott v. Porter, 97.
effect of misrepresentation of obligee as to their liability. Id.

AUTOMOBILE:

right of pedestrian and driver of automobile to use of streets. Mill-
sapps v. Brogdon, 469.

no presumption of negligence from proof of injury. Id.

BAIL: See HABEAS CORPUS.

BAILMENT: See LIVERY STABLE.

BANKRUPTCY:

effect of bankrupt act upon State legislation. Roberts Cotton Oil Co.
v. F. E. Morse & Co., 513.

appointment of receiver by State court as act of bankruptcy. Id.
jurisdiction of State court to appoint receiver of insolvent corpora-
tion. Id.

effect of bankruptcy proceeding upon insolvency proceeding. Id.
validity of receiver's contracts. Id.

effect of vendee's insolvency upon his contracts. Id.

debtor held not to have made preference when. Parker v. Gates, 621.

BANKS AND BANKING:

bank not liable where customer's instructions were substantially carried
out. Petty v. Gacking, 217.

authority of county treasurer to deposit public funds. Warren v.
Nix, 374.

treasurer may sue bank for failure to return such funds. Id.

primary liability of bank and stockholders for deposit of public
funds. Id.

effect upon such liability of stockholders transferring stock. Id.
time when liability of bank and stockholders for such deposit accrues.
Id.

when transfer of stock in bank valid so as to release stockholders. Id.
BILLS AND NOTES:

who is bona fide purchaser. Cunningham v. Toye, 537.

BILL OF REVIEW:

as mode of procuring relief against decree after term. Terry v. Logue,
314.

when lies for new evidence. Id.

necessity of leave to file. Id.

when lies for newly discovered evidence. Jackson v. Becktold Ptg. &
Book Mfg. Co., 415.

effect of laches in applying for bill of review. Id.

BONDS:

construction of bonds of mutual fire insurance companies. Crawford
v. Ozark Ins. Co., 549.

construction of statutory bonds. Id.

BROKERS:

when commission of real estate broker earned. Poston v. Hall, 23.
BUILDING CONTRACTS: See CONTRACTS.

CARRIERS: See COM MERCE.

duty toward passengers. Mayfield v. St. Louis, I. M. & S. Ry. Co., 24.
authority of train conductor. Id.

when liable for wrongful arrest of passenger. Id.

duty to prevent arrest of passenger. Id.

authority of station agent to arrest passenger. Id.

when railway company not liable for false imprisonment of pas-
senger. Id.

when duty of carrier to feed and water livestock. St. Louis, I. M. &

S. Ry. Co. v. Davenport, 82.

error to submit question as to delay in shipment when. Id.

rights of persons on freight trains. Kruse v. St. Louis, I. M. & S.
Ry. Co., 137.

rights of persons riding free. Id.

no presumption that person on freight train is not a passenger. Id.
liability for damage by fire. Kansas City So. Ry. Co. v. Thomas, 287.
liability as warehouseman for passenger's trunk. Id.

shipper entitled to recover overcharges. Chapman & Dewey Lumber
Co. v. Jonesboro, L. C. & E. Rd. Co., 300.
authority of State to regulate charges. Id.

intrastate shipments may be regulated by State. Id.

when order of Railroad Commission applicable. Id.

Railroad Commission may regulate charges when. Id.

shipment held not to be joint when. Id.

right of initial carrier to recover freight charges against consignor.
St. Louis S. W. Ry. Co. v. Gramling, 353.

connecting carrier need not be party. Id.

connecting carrier as agent of initial carrier. Id.

right to sue consignee for freight. Id.

jurisdiction of State courts in matters of interstate traffic. Id.

mental damages recoverable for ejection of passenger when. St.
Louis, I. M. & S. Ry. Co. v. Brown, 505.

physical and mental suffering caused thereby may be considered. Id.

COMMERCE : See CARRIERS.

when article becomes an object of interstate commerce. Chapman &
Dewey Lbr. Co. v. Jonesboro, L. C. & E. Rd. Co., 300.

CONFESSION :

confession of infant inadmissible when. Garner v. State, 63.

CONSTITUTIONAL LAW:

act of May 13, 1909, imposing tax on money judgments in certain
counties, held unconstitutional. St. Louis, I. M. & S. Ry. Co. v.
Pritchard, 100.

unconstitutional act will not repeal prior valid act. Alexander v.
Board Dir. Crawford County Levec Dist., 322.

CONTRACTS:

test of legality. Carey v. Watkins, 153.

right to recover upon gambling contract. Id.

effect of substantial compliance with building contract. Mitchell v.
Caplinger, 278.

what is substantial performance. Id.

contract between man and woman enforced though tainted with ille-
gality when. Mitchell v. Fish, 444.

when contract for exclusive sale of oil in State not broken. Gay Oil
Co. v. Muskogee Refining Co., 502.

construed against party preparing contract. Ford Hardwood Lbr. Co.
v. Clement, 522.

courts may consider circumstances in construing contracts. Id.

party entitled to rescind when. Id.

CORPORATIONS: See BANKRUPTCY.

enforcement of mortgage not a preference by insolvent corporation.
Little v. National Bank of Mena, 57.

corporation purchasing another corporation's property not liable for
its debts when. Ferguson & Wheeler Land, Lumber & Handle
Co. v. Good, 106.

who may question corporation's existence. Jones v. Dodge, 248.
party contracting with corporation may not question its existence. Id.
liability of stockholder cannot be escaped when. Id.

effect of corporation failing to require stock subscription to be paid. Id.
stockholder cannot be released by corporation when. Id.

president may not pay for stock with property when. Ford Hardwood
Lbr. Co. v. Clement, 523.

liability of stockholder for corporate debts. Id.

COSTS:

right of successful party to recover costs in second action. Watkins
v. Parker, 492.

COUNTERCLAIM AND SETOFF:

evidence held insufficient to establish counterclaim. Cleveland-McLeod
Lumber Co. v. Hopson, 109.

burden of proving counterclaim is on defendant. Gay Oil Co. v.
Muskogee Refining Co., 502.