using a street are reciprocal.-Pankey v. Little
Rock Ry. & Electric Co., 174 S. W. 1170.
93 (Ark.) Rule as stated in instruction as
to right of motorman to assume that person
would get off street car track and to act upon
of the law. l'ankey v. Little Rock Ry. & Elec-
such assumption held not a correct statement
tric Co., 174 S. W. 1170.
See Appeal and Error, 21, 646; Carriers,
218; Telegraphs and Telephones, 54.
14 (Tex.Civ.App.) In action to recover val112 (Ark.) Where street car tracks were
ue of land, admission in agreed statement held nearer north curb than south curb, driving west
to support judgment, though there was an ad- on south track held not to raise a presumption
mission therein that at one time certain attor- of negligence.-Pankey v. Little Rock Ry. &
neys had an interest in the land.-White v. Electric Co., 174 S. W. 1170.
Love, 174 S. W. 913.
117 (Ark.) Relation between failure of
street car to sound gong for street crossing and
injury to driver of mail cart in a collision held
33. a question for the jury.-Pankey v. Little Rock
Ry. & Electric Co., 174 S. W. 1170.
Judgment,
Municipal
36; Tri-
II. REGULATION AND OPERATION.
74 (Ark.) Ordinance regulating speed of au-
tomobiles, locomobiles, or horseless vehicles pro-
pelled by electricity, gasoline, or steam held not
to apply to street cars.-Pankey v. Little Rock
Ry. & Electric Co., 174 S. W. 1170.
75 (Ark.) City ordinance requiring street
cars to sound gong when approaching or pass-
ing street crossings held applicable to place
where street ran into, but did not cross, another
street.-Pankey v. Little Rock Ry. & Electric
Co., 174 S. W. 1170.
85 (Ark.) Subject to a street car company's
paramount or preferential right of way when-
ever it or a traveler must yield, the duties of all
In action for injuries to driver of mail cart in
collision with street car, contributory negli
gence held properly submitted to the jury.-1d.
Where street car tracks were nearer north
curb than south curb, act in driving west on
south track held not negligence as a matter of
law.-Id.
See Marshaling Assets and Securities, 9.
SUBSCRIPTIONS.
See Corporations, 88.
15 (Tex. Civ.App.) Committee of citizen sub-
scribers defaulting in its contract undertaking
to furnish railroad with title to right of way,
so that injunction had restrained completion of
grade work within the contract time, held not
entitled to possession and cancellation of its
promissory notes.-Crawford v. Wellington Rail-
road Committee, 174 S. W. 1004.
Citizens' committee of subscribers to railroad
by its pleadings repudiating liability upon any
of its aid notes held not entitled to recover for
any further failure of performance on part of
railroad.-Id.
Railroad's performance of its contract to
grade and build railroad held excused by express
repudiation of liability upon aid notes made and
delivered under contract in its aid.-Id.
MENT AGAINST PERSONS OR
PERSONAL PROPERTY.
21 (Tex.Civ.App.) Pleadings of committee | VIII. COLLECTION AND ENFORCE-
of subscribers impleaded in action by con-
tractors against the railroad held to evidence
an intention to rescind its aid contract.-Craw- (A)
ford v. Wellington Railroad Committee, 174 S.
W. 1004.
SURETYSHIP.
See Principal and Surety.
SURVEYS.
See Boundaries, 3, 37, 54.
40; Constitutional Law,
55, 143, 229, 230; Executors and Admin-
istrators, 3; Licenses, 1, 7, 32, 40;
Mandamus, 116, 151; Municipal Corpo-
rations, 51, 112, 957; Pleading, 36;
Schools and School Districts, 99-110;
Vendor and Purchaser, 92.
II. CONSTITUTIONAL REQUIRE-
MENTS AND RESTRICTIONS.
40 (Ark.) Const. art. 16, § 5, requiring tax-
able values to be uniform, held satisfied by as-
sessments and fixed methods of collection ac-
cording to same rate and proportionate valua-
tion, and to apply to prospective statutes only.-
State v. Kansas City & Memphis Ry. & Bridge
Co., 174 S. W. 248.
45 (Ark.) Acts 1887, p. 33 (Kirby's Dig. §§
7204-7213), providing for collection of overdue
taxes from corporations, and the procedure
therefor, held not to violate Const. art. 16, § 5,
requiring equality of taxation.-State v. Kansas
City & Memphis Ry. & Bridge Co., 174 S. W.
III. LIABILITY OF PERSONS AND
PROPERTY.
(A) Private Persons and Property in Gen-
eral.
98 (Ky.) Accounts receivable by a domestic
corporation from its branches or selling agents
in other states, who deposited sales' receipts in
local banks, held not subject to taxation in the
state.-Commonwealth v. B. F. Avery & Sons,
174 S. W. 518.
IV. PLACE OF TAXATION.
254 (Ky.) Where a person abandoned his
former home and went to F. with a view of
remaining there indefinitely or until he pur-
chased property elsewhere and transacted busi-
ness there for nearly three years, he acquir-
ed a residence there for the purpose of taxa-
tion.-Saunders v. City of Flemingsburg, 174 S.
W. 51.
V. LEVY AND ASSESSMENT.
(C) Mode of Assessment in General.
3624 (Ky.) In assessment proceeding, held
on answer, proof, and stipulation that there
was no error in not rendering judgment assess-
ing certain items of personal property.-Com-
monwealth v. B. F. Avery & Sons, 174 S. W.
518.
(G) Review, Correction, or Setting Aside
452 (Ark.) While general jurisdiction of
courts of equity to correct errors in assessments
is confined to cases of fraud or mistake, the
power of the Legislature in that respect is not
limited. State v. Kansas City & Memphis Ry.
& Bridge Co., 174 S. W. 248.
Collectors and Proceedings for Col-
lection in General.
549 (Mo.) Under Rev. St. 1889, §§ 7640,
7688, a tax collector is entitled to a commis-
sion of 4 per cent. on collection for back taxes
in addition to the general commissions provided
in section 7640.-Dameron v. Hamilton, 174 S.
W. 425.
(B) Summary Remedies and Actions.
573 (Ark.) Acts 1887, p. 33 (Kirby's Dig. §§
7204-7213), providing for collection of overdue
taxes from corporations, and Kirby's Dig. §
7204, as amended by Acts 1911, p. 324, § 1,
and Acts 1913, p. 724, held retrospective from
date of last amendment.-State v. Kansas City
& Memphis Ry. & Bridge Co., 174 S. W. 248.
Acts 1887, p. 33 (Kirby's Dig. §§ 7204–7213),
providing for collection of overdue taxes from
corporations, and the procedure therefor, held
constitutional.-Id.
Acts 1887, p. 33 (Kirby's Dig. §§ 7204–7213),
providing for collection of overdue taxes from
corporations, and providing judicial hearing and
appeal, held not objectionable as setting aside
judicial acts of assessors and boards in correc-
tion of errors in taxation.-Id.
592 (Ark.) Under Acts 1887, p. 33 (Kirby's
Dig. §§ 7204-7213), providing for collection of
overdue taxes from corporations, complaint filed
by attorney general held to state cause of ac-
tion.-State v. Kansas City & Memphis Ry. &
Bridge Co., 174 S. W. 248.
IX. SALE OF LAND FOR NONPAY-
MENT OF TAX.
642 (Mo.) Where title stands in full name
of owner, tax judgment in proceeding brought
by publication in which she is designated only
by her initials, held void.-Stevenson v. Brown,
734 (Mo.) Where title stands in full name
of owner, tax judgment in proceeding brought
by publication in which she is designated only
by her initials, and the deed thereunder, held
void. Stevenson v. Brown, 174 S. W. 414.
Person designated in a tax proceeding by ini-
tials only held not estopped to deny validity
of judgment from fact that she has taken title
to other land by such designation.-Id.
(C) Actions to Confirm or Try Title.
799 (Mo.) In an action to quiet title, where
defendant claimed under tax deeds, a judgment
for him held erroneous.-Williams v. Grudier,
174 S. W. 387.
TELEGRAPHS AND TELEPHONES.
See Commerce, 28; Constitutional Law,
101, 134; Evidence, 501; Licenses,
52, 7; Trial, 243.
II. REGULATION AND OPERATION.
30 (Tex.Civ.App.) If poles of a telephone
company used for long distance are not subject
to ordinance imposing annual fee of $2 per pole
in its streets, the company sued for the fee
must make known the poles so used.-South-
western Telegraph & Telephone Co. v. City of
Dallas, 174 S. W. 636.
37 (Tex.Civ.App.) A telegraph company
must take notice of the relationship of an ad-
dressee to a person whose illness or death is
announced in the telegram.-Western Union
Telegraph Co. v. McMillan, 174 S. W. 918.
was ill, did not prevent it being notice to the
company of the nature of the message.-Id.
68 (Tex.Civ.App.) Relation of grandfather
and grandchild is not so remote as to prevent a
recovery by the grandfather for mental anguish
from inability to attend the grandchild's funeral,
because of negligent delay in delivering a tele-
gram to him.-Western Union Telegraph Co. v.
McMillan, 174 S. W. 918.
37 (Tex.Civ.App.) A telegraph company not
negligent in transmitting a telegram addressed
to plaintiff, but which, with notice of probable
damage, was negligent in not delivering it to
him, although, as received, the middle initial was
different, was liable in damages.-Western
Union Telegraph Co. v. Gorman & Wilson, 17470 (Ark.) Telegraph company held not
S. W. 925.
53 (Mo.App.) Mistake of telegraph
pany in transmitting and delivering message
from plaintiff's consignee offering certain figure
for grain held not the proximate cause of loss
from plaintiff's subsequent sale at lower figure.
-Harrington v. Western Union Telegraph Co.,
174 S. W. 169.
54 (Ark.) Under rules of defendant tele-
graph company, approved by Interstate Com-
merce Commission, liability of such company for
mental suffering caused by delay in delivering an
interstate message held limited to $37.50.-
Western Union Telegraph Co. v. Holder, 174 S.
W. 552.
54 (Tex.Civ.App.) Action held presentation
of a claim, within stipulation that a telegraph
company will not be liable where the claim is
not presented within a specified time.-Western
Union Telegraph Co. v. McMillan, 174 S. W.
918.
Where a telegraph company fraudulently mis-
represented to a sendee the date of the message,
the time within which notice of claim for dam-
ages must be given did not begin to run until
discovery of the facts.-Id.
56 (Ark.) The addressee of a telegram may
sue the telegraph company for delay in its de-
livery.-Western Union Telegraph Co. v. Hold-
wholly absolved from liability for delay in deliv-
ery of interstate message, since their rules,
when approved by the Interstate Commerce
Commission, prescribe a liability depending
upon the price paid for the message.-Western
Union Telegraph Co. v. Simpson, 174 S. W. 232.
71 (Tex.Civ.App.) Verdict for $1,200 for
mental anguish for delay in sending sick mes-
sage held to be reduced to $600.-Western
Union Telegraph Co. v. Riviere, 174 S. W. 650.
74 (Tex.Civ.App.) In action for damages
for failure to deliver telegram, instruction as-
suming that certain stock had been offered to
plaintiff at $25 a head held not at variance with
evidence.-Western Union Telegraph Co. v. Gor-
man & Wilson, 174 S. W. 925.
Requested instruction as to agency of one
who had received message from sender over tele-
phone held properly refused.-Id.
TENANCY IN COMMON.
II. MUTUAL RIGHTS, DUTIES, AND
LIABILITIES OF CO-TENANTS.
15 (Ky.) On death of life tenant, posses-
sion of tenant in common in remainder became
adverse as against cotenant whose ineffectual
deed had been delivered to him, since the deed
itself was notice of his adverse holding.-Par-
sons v. Justice, 174 S. W. 725.
65 (Tex.Civ.App.) Variance between the pe-15 (Mo.) A tenant in common dealing with
tition in an action against a telegraph company
for delay in delivering a message and the proof
held not substantial.-Western Union Tele-
graph Co. v. McMillan, 174 S. W. 918.
66 (Ark.) In an action for damages from
failure to promptly deliver a telegram, evidence
held sufficient to support finding that defendant
negligently failed to deliver it.-Western Union
Telegraph Co. v. Simpson, 174 S. W. 232.
66 (Ark.) Evidence held sufficient to show
that defendant telegraph company was negli-
gent in delaying the delivery of a dispatch.-
Western Union Telegraph Co. v. Holder, 174
S. W. 552.
66 (Tex.Civ.App.) Evidence held to justify
a finding of negligent delay in the delivery of
a telegram.-Western Union Telegraph Co. v.
McMillan, 174 S. W. 918.
property as owner and conveying to the public
the impression that he is holding adversely to
his cotenants may acquire title by adverse pos-
session in 10 years.-Hart v. Eldred, 174 S. W.
380.
In a suit by tenants in common against one
claiming through conveyances and incumbranc-
es made by a cotenant, evidence held not to
show title by adverse possession.-Id.
III. RIGHTS AND LIABILITIES OF
COTENANTS AS TO THIRD.
PERSONS.
45 (Tex.Civ.App.) A conveyance by plain-
tiffs' brothers and sisters, who were tenants in
common, of a particular tract of land, held to
bar plaintiffs from recovering that parcel; the
grantees having made improvements, and the
whole tract being of similar character.-Rami-
rez v. Lasater, 174 S. W. 706.
66 (Tex.Civ.App.) Evidence, regardless of
negligence in transmission, held to show negli-
gence in failing to deliver a telegram addressed
to plaintiff, although, as received, the middle
initial was different from plaintiff's.-Western See Judgment, 145.
Union Telegraph Co. v. Gorman & Wilson, 174
S. W. 925.
67 (Ark.) Physical discomfort and suffering See Officers, 52, 59.
from a cold held not proper elements of dam-
age for delay in delivering a telegram, defend-
ant not being chargeable with notice of prob-
ability of such a result.-Western Union Tele- See Principal and Agent, 41.
graph Co. v. Holder, 174 S. W. 552.
68 (Ky.) Damages for mental suffering
from failure of one, because of delay in deliver- See Carriers, 256, 355, 357.
ing a telegram, to reach his dying brother, are
not recoverable; the message, "Come at once,'
giving no notice of the illness.-Bagby v. West-
ern Union Telegraph Co., 174 S. W. 738.
68 (Tex.Civ.App.) Contents of a telegram
held sufficient to put the telegraph company on
notice that it related to illness.-Western
Union Telegraph Co. v. Riviere, 174 S. W. 650.
That a delayed telegram relating to illness
did not mention the name of **. >erson who
See Criminal Law, 1092, 1095, 1102; Depo
sitions, 55; Drains, 14; Exceptions,
Bill of, 40.
9 (Ky.) Under the mandatory provisions of
Civ. Code Prac. § 342, the day on which the ver-
dict was rendered and that on which the motion
for a new trial was made must both be count-
ed in determining whether the motion was in
time.-Roberts' Cotton Oil Co. v. Dodds & John-
ston, 174 S. W. 485.
See False Imprisonment; Fraud; Husband and
Wife. 102; Municipal Corporations,
733-837; Nuisance; Receivers, 174;
Trespass; Trover and Conversion; Venue,
See Adverse Possession, 112; Limitation
of Actions, 118; Public Lands, 175.
27 (Tex.Civ.App.) In trespass to try title
against party occupying the land, his wife held
not a necessary party, the homestead right not
being a defense.-Nunez v. McElroy, 174 S. W.
829.
39 (Tex.Civ.App.) Evidence that land al-
lotted in partition to plaintiff was absorbed in
conflict with a league grant held admissible.-
Robertson v. Talmadge, 174 S. W. 627.
40 (Tex.Civ.App.) A certified copy of an
unsigned report of commissioners to partition
land held admissible, in connection with other
evidence in trespass to try title, to show parti-
TRADE-MARKS AND TRADE-NAMES. tion. Robertson v. Talmadge, 174 S. W. 627.
IV. INFRINGEMENT AND UNFAIR
(B) What Competition Unlawful.
68 (Mo.App.) A merchant who fraudulently
represents that customers dealing with him are
dealing with a rival merchant, held guilty of
unfair competition.-Joseph S. Baum Mercan-
tile Co. v. Levin, 174 S. W. 442.
79 (Mo.App.) Under Rev. St. 1909, § 2534,
a merchant who shows unfair competition by a
rival merchant may obtain injunctive relief to
avoid a multiplicity of actions at law for dam-
ages.-Joseph S. Baum Mercantile Co. v. Levin,
174 S. W. 442.
84 (Mo.App.) Act of manager of a merchant
suing to restrain a rival merchant from unfair
competition, in sending a female into the rival
merchant's store on a wager that she would be
insulted held not to deprive the merchant of eq-
uitable relief.-Joseph S. Baum Mercantile Co.
v. Levin, 174 S. W. 442.
Act of manager of plaintiff suing for equitable
relief in paying for a dinner for a witness dur-
ing the trial held not misconduct justifying
denial of relief.-Id.
A merchant suing to restrain a rival from un-
fair competition held not guilty of conduct jus-
tifying denial of relief, though he villified the
rival merchant.-Id.
86 (Mo.App.) Delay of two years before a
merchant sought relief by injunction against a
competing merchant representing that his store
was plaintiff's store held not laches.-Joseph S.
Baum Mercantile Co. v. Levin, 174 S. W. 442.
TRESPASS.
See Railroads, 355, 381.
II. ACTIONS.
(C) Evidence.
44 (Ky.) In suit by holder of patent men-
tioning no exclusions to recover for cutting tim-
ber on land within its exterior lines burden
held to be on defendant to show that his senior
patent covered the land.-Louisville Property
Co. v. Lawson, 174 S. W. 29.
III. CRIMINAL RESPONSIBILITY.
78 (Tenn.) Possession of land in prosecutor
held to sustain a criminal prosecution for tres-
pass.-Clark v. State, 174 S. W. 1137.
All persons must take notice of open, adverse
possession of land, and of the registered claim
of title of which such possession is notice, wheth-
er the holding is personally or by tenant.-Id.
80 (Tenn.) A criminal trespass is willful
whenever there is a heedless disregard of the
rights of others.-Clark v. State, 174 S. W.
1137.
41 (Tex.Civ.App.) In trespass to try title
against party in possession, finding that his
possession was not under a claim of right or
title held not to be disturbed in view of the
evidence.-Nunez v. McElroy, 174 S. W. 829.
See Accord and Satisfaction, 27; Adverse
Possession, 115; Appeal and Error.
215, 216, 699, SS2, 1031, 1033, 1041, 1046-
1069; Carriers, 320, 383; Chattel Mort-
gages, 40; Compromise and Settlement,
24; Continuance; Corporations, 433,
521; Costs; Criminal Law, 689-884,
1038, 1043, 1122, 11662, 1172, 1173; Dam-
ages, 216; Death, 104; Deeds,
119; Electricity, 19; Execution, ~197;
Evidence, 382, 546; Execution, 196;
Executors and Administrators, 451; False
Imprisonment, 39; Forgery, 47, 48;
Gas, 20; Highways, 213; Homicide,
221, 286-314; Husband and Wife,
235; Insurance, 668; Intoxicating Liq-
uors, 239; Judgment, 217-256, 921;
Jury; Larceny, 68, 70; Libel and Sland-
er, 123, 124; Master and Servant,
285-293; Negligence, 136; New Trial;
Parent and Child, 2; Perjury, 36;
Principal and Agent, 124; Prostitution,
4; Railroads, 273, 350, 351, 400;
Sales, 161, 387, 421; Stipulations; Street
Railroads, 117; Taxation, ~3621⁄44;
Telegraphs and Telephones, 74; Venue,
27; Waters and Water Courses, 179.
I. NOTICE OF TRIAL AND PRELIMI-
NARY PROCEEDINGS.
2 (Ky.) The court may permit several ac-
tions by different plaintiffs against one defend-
ant involving the same issues to be tried to-
gether, but not where a trial together would
place an objecting party at a disadvantage.-
Benge's Adm'r v. Fouts, 174 S. W. 510.
Order for trying together two separate ac-
tions against an administrator for services ren-
dered his decedent, which would place objecting
administrator at disadvantage, held an abuse of
trial court's discretion.-Id.
3 (Mo.App.) The owner, in a mechanic's
lien action by a subcontractor against him and
the principal contractor, is not entitled to a
separate trial.-Henry Weis Cornice Co. v. J.
B. Neevel & Sons, 174 S. W. 159.
The owner in a subcontractor's action need
not be given a separate trial on his claim that
the principal contractor, alleged in the petition
to be a corporation, is a partnership.-Id.
III. COURSE AND CONDUCT OF
TRIAL IN GENERAL.
28 (Tex.Civ.App.) In an action for death
of plaintiff's decedent at a railroad crossing, re-
fusal of court to allow jury to view premises
|