compel specific performance.-Edwards v. Wat- son, 167 S. W. 1119.
II. CONTRACTS ENFORCEABLE.
§ 25 (Mo.) A contract of sale of real estate which does not describe the property and a con- temporaneous deed and check for part of the price, when construed together, disclose a con- tract of sale of described lands for a stipulated price, and equity can specifically enforce it.- Edwards v. Watson, 167 S. W. 1119.
$ 28 (Ky.) A contract to be specifically en- forced, must be certain, and its terms must be so expressed as to enable the court to frame its decree in accordance with the intent of the parties.-Tharp University School v. Komus Realty Co., 167 S. W. 136.
$30 (Ky.) A contract for the sale of real es- tate which recites that the purchaser shall pay $3,000 in cash or $3,750 in second lien on the property, but which does not fix any time for the maturity of the second lien, nor state the amount of the first lien, is too indefinite to be specifically enforced.-Tharp University School v. Komus Realty Co., 167 S. W. 136.
III. GOOD FAITH AND DILIGENCE.
§ 97 (Mo.) In a suit to enforce an option in a will to purchase certain real estate, a tender of the amount, required under the option, prior to suit brought, held waived.-Tevis v. Tevis, 167 S. W. 1003.
§ 97 (Mo.) A purchaser in a contract for sale of real estate, which binds the vendor to perfect title, and which gives the purchaser a reasona- ble time in which to perfect loan and abstract, may compel specific performance without tender- ing the price or showing his financial ability to pay, where the vendor refused to perfect the title.-Edwards v. Watson, 167 S. W. 1119.
IV. PROCEEDINGS AND RELIEF.
§ 11634 (Ky.) A demurrer to a petition for specific performance, which petition averred that defendant refused to complete the contract for fear of an attack upon the title, was properly overruled, as the defense attempted to be inter- posed by such demurrer was not even sufficient to put plaintiffs upon exhibition of their title.- McCrocklin v. O'Donaghue, 167 S. W. 901.
SPIRITUOUS LIQUORS.
See Intoxicating Liquors.
STANDING TIMBER.
See Frauds, Statute of, §§ 72, 129.
See Appeal and Error, §§ 557, 559, 664; Wit- nesses, §§ 379-414.
See Corporations, § 636; Navigable Waters, 19, 36; Public Lands, § 158; Taxation, 730.
STATUTE OF USES.
See Trusts, §§ 17, 18.
See Appeal and Error, § 170; Constitutional Law, § 309; Limitation of Actions, §§ 4-33. For statutes relating to particular subjects, see the various specific topics.
II. GENERAL AND SPECIAL OR LO- CAL LAWS.
§ 8 (Mo.) Where a contract for sale of real es- § 76 (Mo.) Const. art. 4. § 53, par. 32, pro- tate was not tainted by fraud or overreaching. hibits a statute which, while wholly local, con- the court should at the suit of the purchasertains provisions for classification which will
make the act artificially a general law.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
Const. art. 4, § 53, par. 32, imposes on the courts the duty to determine whether a statute is local, though it contains provisions for a classification; and a statute containing a mere classification for purpose of legislation, without regard to necessity therefor, must be adjudged local.-Id.
Where the Legislature has adopted a general law applicable to a subject, the court, in de- termining the validity of a subsequent special law on the subject, need not determine the necessity of a special law, or the applicability or lack of applicability of a general law.-Id. The nonpartisan judiciary act, providing for the manner of nominating and electing candi- dates for judges for the circuit courts in coun- ties and cities having 350,000 inhabitants or more, is a local and special law for the filling of a public office, and is violative of Const. art. 4, § 53, par. 32.-Id.
28, to justify provisions for counties and cities which may subsequently have the requisite pop- ulation, and provisions repealing conflicting laws.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
VI. CONSTRUCTION AND OPERA-
(A) General Rules of Construction. § 206 (Mo.) The court, in construing a stat- ute, must, if possible, give effect to the whole and every part thereof, provided the interpreta- tion reached is reasonable, and not in conflict with the legislative intent.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.'
§ 206 (Mo.App.) Limitations by implication are not favored, and statutes should be con- strued so as to give all parts an operative ef- fect if possible; this being particularly true where a new remedy is provided which, it is claimed, impliedly takes away an existing rem- edy.-Joplin Supply Co. v. Smith, 167 S. W. 649.
III. SUBJECTS AND TITLES OF ACTS. § 109 (Mo.) Under Const. art. 4, § 28, the ti- § 207 (Mo.) The general provisions of a stat- tle of an act must refer in a comprehensive to the subject-matter, but need not is a conflict, and where the general expressions ute yield to special provisions, where there necessarily refer to subordinate matters con- in one part are inconsistent with the more spe- nected therewith or reasonably within the pur-cific provisions in another part.-State ex rel. view of the statute.-State v. Hurley, 167 S. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
§ 109 (Mo.) The object of Const. art. 4, § 28, is to have the title of the bill to indicate the general contents thereof.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.'
§1102 (Mo.) Laws 1911, p. 89, entitled “An act to amend section 794 of article 6 of chapter 6 of the Revised Statutes of 1909 of Missouri, entitled 'Herding by nonresidents,' by adding certain words thereto," and which contains pro- visions applying to residents, as well as nonres- idents, violates Const. art. 4, § 28.-State v. Sloan, 167 S. W. 500.
$1102 (Mo.) Laws 1893, p. 173 (Rev. St. 1909, §§ 6539 to 6544, inclusive), held to con- tain provisions amounting to a general statute regulating the dealing in and use of explosives, with no connection with the title or other provi- sions of the act relative to the protection and preservation of fish, and hence to violate Const. art. 4, § 28.-State v. Hurley, 167 S. W. 965. § 125 (Mo.) The title of the nonpartisan judi- ciary act is sufficient, within Const. art. 4, §
§ 226 (Mo.App.) Where a statute is adopted from another state, it is presumed that it was intended to adopt the construction there made, and hence decisions of the state from which
the statute was adopted are at least very per- suasive, if not binding.-Joplin Supply Co. v. Smith, 167 S. W. 649.
§ 228 (Mo.App.) The purpose of a proviso in an act is not to create new rights or to take away old rights already existing, but to restrict the preceding portion of the statute of which it forms a part.-Joplin Supply Co. v. Smith, 167 S. W. 649.
A proviso should be construed with reference. to the immediate preceding parts of the clause to which it is attached.-Id.
VII. PLEADING AND EVIDENCE.
§ 279 (Tex.Civ.App.) The charter powers of a city granted to it by public act need not be pleaded in an action by it.-O'Connor v. City of Laredo, 167 S. W. 1091.
by Act 1906, June 29, ch. 3591, § 7 (11), (12), 34 Stat. 595. 1898, July 1, ch. 541, § 64a, 30 Stat. 563. 1906, June 29, ch. 3591, § 7 (11), (12), 34 Stat. 595 1908, April 22, ch. 149, 35
Stat. 65.. ..83, 279, 933 Page 1325
1908, April 22, ch. 149, § 1, 35 Stat. 65. 1908, April 22, ch. 149 (§ 9 added by Act 1910, April, 5, ch. 143, § 2, 36
make the act artificially a general law.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
Const. art. 4, § 53, par. 32, imposes on the courts the duty to determine whether a statute is local, though it contains provisions for a classification; and a statute containing a mere classification for purpose of legislation, without regard to necessity therefor, must be adjudged local.-Id.
Where the Legislature has adopted a general law applicable to a subject, the court, in de- termining the validity of a subsequent special law on the subject, need not determine the necessity of a special law, or the applicability or lack of applicability of a general law.-Id. The nonpartisan judiciary act, providing for the manner of nominating and electing candi- dates for judges for the circuit courts in coun- ties and cities having 350,000 inhabitants or more, is a local and special law for the filling of a public office, and is violative of Const. art. 4, § 53, par. 32.-Id.
28, to justify provisions for counties and cities which may subsequently have the requisite pop- ulation, and provisions repealing conflicting laws.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
VI. CONSTRUCTION AND OPERA-
(A) General Rules of Construction. § 206 (Mo.) The court, in construing a stat- ute, must, if possible, give effect to the whole and every part thereof, provided the interpreta- tion reached is reasonable, and not in conflict with the legislative intent.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
§ 206 (Mo.App.) Limitations by implication are not favored, and statutes should be con- strued so as to give all parts an operative ef- fect if possible; this being particularly true where a new remedy is provided which, it is claimed, impliedly takes away an existing rem- edy.-Joplin Supply Co. v. Smith, 167 S. W.
III. SUBJECTS AND TITLES OF ACTS. § 109 (Mo.) Under Const. art. 4, § 28, the ti- tle of an act must refer in a comprehensive ute yield to special provisions, where there § 207 (Mo.) The general provisions of a stat- manner to the subject-matter, but need not is a conflict, and where the general expressions necessarily refer to subordinate matters con- in one part are inconsistent with the more spe- nected therewith or reasonably within the pur-cific provisions in another part.-State ex rel. view of the statute.-State v. Hurley, 167 S. Garesche v. Roach, 167 S. W. 1008; Same v.
§ 109 (Mo.) The object of Const. art. 4, § 28, is to have the title of the bill to indicate
the general contents thereof.-State ex rel. Garesche v. Roach, 167 S. W. 1008; Same v. Drabelle, Id. 1016.
81102 (Mo.) Laws 1911, p. 89, entitled "An act to amend section 794 of article 6 of chapter 6 of the Revised Statutes of 1909 of Missouri, entitled 'Herding by nonresidents,' by adding certain words thereto," and which contains pro- visions applying to residents, as well as nonres- idents, violates Const. art. 4, § 28.-State v. Sloan, 167 S. W. 500.
$1102 (Mo.) Laws 1893, p. 173 (Rev. St. 1909, §§ 6539 to 6544, inclusive), held to con- tain provisions amounting to a general statute regulating the dealing in and use of explosives, with no connection with the title or other provi- sions of the act relative to the protection and preservation of fish, and hence to violate Const. art. 4, § 28.-State v. Hurley, 167 S. W. 965. § 125 (Mo.) The title of the nonpartisan judi- ciary act is sufficient, within Const. art. 4, §
§ 226 (Mo.App.) Where a statute is adopted from another state, it is presumed that it was intended to adopt the construction there made,
and hence decisions of the state from which
the statute was adopted are at least very per- suasive, if not binding.-Joplin Supply Co. v. Smith, 167 S. W. 649.
§ 228 (Mo.App.) The purpose of a proviso in an act is not to create new rights or to take away old rights already existing, but to restrict the preceding portion of the statute of which it forms a part.-Joplin Supply Co. v. Smith, 167 S. W. 649.
A proviso should be construed with reference. to the immediate preceding parts of the clause to which it is attached.-Iď.
VII. PLEADING AND EVIDENCE.
§ 279 (Tex.Civ.App.) The charter powers of a city granted to it by public act need not be pleaded in an action by it.-O'Connor v. City of Laredo, 167 S. W. 1091.
1908, April 22, ch. 149, 35 Stat. 65..... .83, 279, 933 1908, April 22, ch. 149, § 1, 35 Stat. 65. 1908, April 22, ch. 149 (§ 9 added by Act 1910, April, 5, ch. 143, § 2, 36
REVISED STATUTES 1889. 891 § 1996
395 REVISED STATUTES 1899.
871 REVISED STATUTES 1909.
794. Amended by Laws § 1760
.1119 1913 (2d Ex. Sess.) ch. 1 867 552 1913 (2d Ex. Sess.) ch. 2 689
.643, 1155 1913 (2d Ex. Sess.) ch. 2,
898 $$ 2868, 2869. 685 $ 3145
§ 3163
124 § 4462 148 4472 1244496
CODE OF CRIMINAL PROCEDURE 1895.
.598, 612 Art. 606 598 Art. 750
.1155 REVISED STATUTES 1911.
CONSTITUTION.
573 .573, 631 999 28....500, 965, 1008
Art. 4, 53, subsec. 32...1008
REVISED STATUTES 1855.
Ch. 2, art. 3, § 25....... 533
Art. 1521, subd. 6. Amend-
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