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For cases In Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
Exclusion of cross-questions to state mine for facts beyond such opinion.--Ex parte
Priester, 102 So. 376.
(K) Subsequent Appeals.
come law of case and are no longer open for
Whorter v. Draughn, 102 So. 567.
XVII. DETERMINATION AND DISPOSI-
TION OF CAUSE.
(A) Decision in General.
Wilson, 102 So. 885.
Omo I 140(1) (Fla.) Remittitur permitted,
personal injuries is excessive, remittitur will
m1058(2) (Ala.) Error in excluding testi- Ow1 201 (2) (Miss.). Chancery court, after re-
decree.-People's Bank in Liquidation v. Pen-
People's Bank in Liquidation v. Pennington,
view of evidence.-Feore V. Brossier v. Brigbam Realty & Investment Co.,
102 So. 634.
Com 19(4) (La.) Nonresident defendants filing
tion of court.-Stringfellow v. Nowlin Bros.,
102 So. 869.
ARGUMENT OF COUNSEL.
See Criminal Law, 699-730; Trial,
II. ON CRIMINAL CHARGES.
068 (La.) One merely notified to appear be.
Bass, 102 So. 76.
ARREST OF JUDGMENT.
alleged and proved in prosecution for burning
with such intent.--Latham v. State, 102 So. 551.
ASSAULT AND BATTERY.
I. CIVIL LIABILITY.
cm3 (Ala.) Statutes giving extra compensa-
II. IN CRIMINAL PROSECUTIONS.
49 (Ala.App.) One indicted for murder
properly admitted to bail, though circumstanc-
es pointed to guilt.-State v. Gilbert, 102 So.
en 18(3), (La.) One supplying watchman for
property in possession of another not entitled
to privilege.- Boylan's Detective Agency & Pro-
tection Police v. Arthur A. Brown & Co., 102
Statutory privilege granted only to one in pos-
session and incurring expense for preservation
32" (Miss.) Measure of damages for delay
in preparing and delivering property to owner
to be put on market, stated; showing necessary
by one suing for special damages for delay
in preparing and delivering personal property
to be put on market, stated.--Attala Ware-
V. RIGHTS, REMEDIES, AND DISCHARGE
418(3) (Ala.App.) Referee's order рег-
mitting creditor to sue in state court on pror.
able debt superseded by final discharge in
431 (La.) Discharge in bankruptcy in pro-
ceedings begun after liability of surety on ap-
pellate court, held not ground for plea in abate-
ment.-Wertham Bag Co. v. Roanoke Mercan-
TORNEY TO CLIENT.
BANKS AND BANKING.
I. CONTROL AND REGULATION IN
cense tax without traversing sworn statement
Failure to state specifically amount of bank's
Tax on banks and trust companies based on
Oma 15 (Miss.) Liquidating agent of bank
bonds or money deposited under statutes.- Mis-
Cm 15 (Miss.) Depositor who received bonus
ed by certificates of deposit bearing 4 per
cent. interest, held within protection of Guar-
anty Law:-Pitts v. People's Bank of Baldwin,
102 So. 279.
Receipt of interest in excess of 4 per cent.
to deprive funds evidenced by new certificate
II. BANKING CORPORATIONS AND
plies assent of owner to statutory conditions
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
When sexual acts with another several years
previous may be shown stated.-Id.
Defendant may show prosecutrix's associa-
larations of prosecutrix.-Id.
Cross-examination of prosecutrix as to when
Immaterial who has had intercourse with
Prosecutrix's intimacy with other men during
Prosecutrix's attendance at churches and pics
missible.-Bembo v. State, 102 So. 786.
ble.-Bembo v. State, 102 So. 786.
63 (Ala. App.) Profert of child to show re-
semblance to defendant, competent.-Bembo v.
Ow70 (Ala.App.) Evidence held sufficient for
submission of case to jury.-Bembo v. State,
BILLS AND NOTES.
I. REQUISITES AND VALIDITY.
will defeat recovery.-Blackshear Mfg. Co. v.
IV. NEGOTIABILITY AND TRANSFER.
(A) Instruments Negotiable.
attached to lease.- First State Bank & Trust
Co. of Bogalusa v. Crain, 102 So. 513.
ww163 (La.) Mere statement in note of trans-
& Savings Bank, 102 So. 325.
That note shows on face that consideration
Note held not made nonnegotiable by recital
Pedigree being shown by common repute of Cw165 (La.) “As per contract,” so placed in
not render it nonnegotiable.-Tyler v. White
(B) Transfer by Indorsement.
Cu 188 (La.) Notes indorsed in blank payable
to bearer.--Tyler v. Whitney-Central Trust &
Savings Bank, 102 So. 325.
V. RIGHTS AND LIABILITIES ON
DORSEMENT OR TRANSFER.
(C) Assignment or Sale.
Cum 315 (Ala.) Assignee of usurious nonnego-
(D) Bona Fide Purchasers.
337 (La.) Requirements to constitute one
"holder in good faith" stated.-Tyler v. Whit-
does not make indorsee holder not in due Survey not in agreement with former govern.
Recital that notes were given in considera-eww37. (Ala.) County, failing to take a guar-
of builder for defects therein.-Phillips v. Tus-
liable.-Phillips v. Tuscaloosa County, 102 So.
County not liable for injuries for negligent
failure of employé to use barrier though no
E36 (La.) Brokers procuring sale of prin-
by mortgagee purchasing it on foreclosure,
IV. COMPENSATION AND LIEN.
Commissions held contingent on consummation
of sale in view of interpretation of brokers'
contract and contract of sale.--Id.
Stipulations in contract of sale and in bro-
82(4) (Fla.) Plaintiff alleging compliance
show contract relied on by plaintiff was com-
Om4 (La.) Storeroom of theater held
(A) In General.
lic Service Cominission.-Crowell & Spencer
mission, 102 So. 866.
em 10 (La.) Public Service Commission held
inarily whether railroads were common carri-
Proceedings of Public Service Commission
made only perfunctory defense because of in-
being fixed by Railroad Commission.- Aleman
II. CARRIAGE OF GOODS.
(B) Bills of Lading, Shipping Receipts,
and Special Contracts.
of bills of lading as absolute owner of syrup
For cases in Dec.Dig. & Am.Dig. Key-No.Sories & Indexes see same topic and KEY-NUMBER
Alford v. Leonard, 102 So. 885.
Property retaken by defendant held to re-
themselves liable to decree for amount of debt.
final decree.--Alford v, Leonard, 102 So. 885.
deem from alleged mortgage in form of con-
tract of sale held improperly sustained.-Rags-
dale v. Miami Cadillac Co., 102 So. 494.
See Municipal Corporations.
CLERKS OF COURTS.
--Conner v. State, 102 So, 809.
COLLEGES AND UNIVERSITIES.
son University v. Hunt, 102 So. 637.
Ow9 (Fla.) Private institution of learning
may prescribe requirements for admission and
rules for conduct of its students; persons en-
conform to rules of governinent of institution;
College authorities stand in loco parentis,
and may make regulation which courts will not
Courts will not annul or revise regulations
afford relief against enforcement of regulations
unless arbitrary and for fraudulent purpose.
Relation between student and private institu-
tractual in character; student accepted im-
pliedly agrees to conform to rules and regula-
tions for breach of which he may suffer suspen-
sion or expulsion.-Id.
Pupils owe duty of obedience, subordination,
civil deportment, respect for right of other pu-
pils, and fidelity to duty.-Id.
Court will not interfere with exercise by
Private institution of learning held not re-
quired to prescribe charges and prove them at
good faith of school authorities: recovery for