III. CRIMINAL RESPONSIBILITY. (B) Prosecution and Punishment.

97(4) (Tex.Cr.App.) Testimony of general reputation of house inadmissible.-Sherman v. State, 370.

GARNISHMENT.

I. NATURE AND Grounds.

18 (Tex.Cr.App.) Time for challenge of grand juror.-Staton v. State, 356.

juror waived when not urged before trial.-19 (Tex.Cr.App.) Disqualification of grand Connelly v. State, 340.

GUARANTY.

IV. REMEDIES OF CREDITORS.

2 (Tex.Civ.App.) Garnishment proceedings78(1) (Tex.Civ.App.) Guarantor may instrictly construed. Barker v. Security State terpose invalidity of contract though principal Bank of Bowie, 478. did not.-Dickerson v. McConnon & Co., 1084.

III. PROCEEDINGS TO PROCURE. 87 (Tex.Civ.App.) Affidavit not aided by record.-Barker v. Security State Bank of Bowie, 478.

GUARDIAN AND WARD.

III. CUSTODY AND CARE OF WARD'S
PERSON AND ESTATE.

88 (Tex.Civ.App.), Affidavit held fatally de-42 (Ky.) Guardian's contract to sell ward's fective for failure to name all defendants.- property at specified price if decree for sale is Barker v. Security State Bank of Bowie, 478. secured is invalid.-Cox v. Burrus, 239. Affidavit held fatally defective for failure to state whether garnishee was corporation or partnership. Id.

V. LIEN OF GARNISHMENT AND LIABIL-
ITY OF GARNISHEE.

64 (Tex.Civ.App.) Note by guardian and others to replace money converted binding on cosigners though not approved by probate court. -Fidelity & Deposit Co. of Maryland v. Risien, 1105. HABEAS CORPUS.

105 (Tex.Com.App.) Service of writ im- I. NATURE AND GROUNDS OF REMEDY. pounds only debts garnishee owes defendant.-2 (Tex.Cr.App.) Statutes construed most Adams v. Williams, 673.

VI. PROCEEDINGS TO SUPPORT OR
ENFORCE.

119 (Ark.) No special form of pleading required.-Wilson v. Overturf, 898.

146 (Tex.Civ.App.) Amended answer filed without substituting lost original answer cannot be disregarded.-Garrison & Westfall v. Paine, 1098.

178 (Ark.) Final judgment may be rendered against garnishee upon default.-Wilson v. Overturf, 898.

178 (Tex.Civ.App.) Evidence by consent as to contents of lost answer precludes judgment by default.-Garrison & Westfall v. Paine, 1098.

favorably to writ.-Ex parte Meador, 348.

33 (Tex.Cr.App.) If bail is denied or excessive, habeas corpus will be granted.-Ex parte Meador, 348.

II. JURISDICTION, PROCEEDINGS, AND

HEALTH.

181 (Ark.) Final judgment may be rendered against garnishee on trial when indebted I. BOARDS OF HEALTH AND SANITARY to defendant on original judgment.-Wilson v. Overturf, 898.

GAS.

14(1) (Ky.) Public interest in preventing bankruptcy of gas company is consideration for granting increase of rates.-Johnson County Gas Co. v. Stafford, 515.

OFFICERS.

3 (Ky.) County health department could not be created by order appropriating money at regular term for support of department attempted to be created at special term.-Daviess County Board of Health v. McFarland, 179. HIGHWAYS.

Evidence held to show increased rate grant- II. HIGHWAY DISTRICTS AND OFFICERS. ed by board of trustees was just.-Id. Factors entering into determination of rea-90 (Ark.) Appeal from disallowance of sonable rate stated.-Id.

Fair return on investment and percentage of replacement vary with localities.-Id.

14(2) (Ky.) Town board of trustees can contract with gas company to increase rates permitted by franchise.-Johnson County Gas Co. v. Stafford, 515.

Board of trustees for town of sixth class has power to fix reasonable gas rates.-Id. 14(3) (Ky.) Franchise can permit charge for meter service.-Johnson County Gas Co. v. Stafford, 515.

GOOD WILL.

claim against district abolished by statute held subject to dismissal for not being prosecuted within time limited.-McIlroy v. Baird, 1.

90 (Ark.) Election to approve act creating district held to be premature and void.-Gaster v. Dermott-Collins Road Improvement Dist., 2.

90 (Ark.) Description of lands included in road improvement district held not vague.Bacon v. Road Improvement Dist. No. 1 of Howard County, 267.

Statute dismembering road improvement district after bond obligations incurred held invalid.-Id.

90 (Ark.) Method of assessment to pay 5 (Ark.) Stockholder selling stock to cor- preliminary expenses, if improvement contemporation may agree not to engage in same busi-plated by special act creating district is abanness.-O. K. Transfer & Storage Co. v. Crab-doned, held valid.-Western Crawford Road Improvement Dist. v. Missouri Pac. R. Co., 563. expense of improvement abandoned by improveLegislative determination as to preliminary ment district conclusive, unless prima facie arbitrary and unreasonable.-Id.

tree, 271.

Contract by seller of stock not to again in same business held invalid.-Id.

GRAND JURY.

engage

5 (Tex.Cr.App.) Grand juror not disqualified because he was joint owner of stolen property. Staton v. State, 356.

IV. TAXES, ASSESSMENTS, AND WORK
ON HIGHWAYS.

122 (Ark.) Legislative determination as to 10 (Ky.) Trial at special term of one in- method of determining benefits from an imdicted by special grand jury held proper.-Sow-provement conclusive, unless shown arbitrary, ders v. Commonwealth, 187.

and not so shown.-Western Crawford Road

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
Improvement Dist. v. Missouri Pac. R. Co., | ticular reference.-Burns v. Commonwealth,
General threat uttered short time before
homicide held admissible.-Id.

563.

848.

163(2) (Ky.) Proof of business of deceas-
ed_held not incompetent as character witness.
-Daniel v. Commonwealth, 511.

1302 [New, vol. 12A Key-No. Series]
(Tex.Civ.App.) County held necessary
party in action to restrain performance of
County commissioners' contract for road con-
struction work.-Allison v. Ellis, 814.
148 (Ark.) Section of act creating district 166 (2) (Tex.Cr.App.) Evidence of defend-
held not available in defense to suit to restrain ant's statements shortly before killing held
collection of assessments, selling bonds, etc., pertinent as bearing on cause.-Shirley v. State,
where act has not become effective by election. 692.
Evidence held ad-
-Gaster v. Dermott-Collins Road Improvement 166(3) (Tex.Cr.App.)
Dist., 2.
missible to show motive.-Sagu v. State, 390.
166 (8) (Ark.) Evidence of victim's wife
that defendant had ravished her two years be-
fore tragedy which caused quarrel that never
abated was admissible.-Spier v. State, 281.

V. REGULATION AND USE FOR TRAVEL.
(B) Use of Highway and Law of the Road.
176 (Ky.) Auto driver held not liable for
collision on theory that his stopping caused
car in his rear to change its course.-Moore v.
Wilson, 874.

HOMESTEAD.

III. RIGHTS OF SURVIVING HUSBAND,
WIFE, CHILDREN, OR HEIRS.

vent.-Id.

166(10) (Tex.Cr.App.) Where robbery mo-
tive relied upon, evidence that four months
prior to homicide deceased carried considerable
money on person admissible.-Lovel v. State,
349.

174(6) (Ky.) Evidence of bullet hole, if
supporting theory that defendant intended to
fire over deceased's head, was competent.-
Clem v. Commonwealth, 1036.

146 (Tex.Civ.App.) Independent of debts
surviving spouse may sell homestead. Ad174(8) (Mo.) Defendant's statements after
vance-Rumely Thresher Co. v. Blevins, 1086.
Survivor, qualified as community administra- the killing, connected with the offense, charged
admissible.-State v. Delcour, 606.
tor, may sell homestead, though estate insol-184 (Ky.) Evidence as to place of killing
held erroneous as not affecting defendant's right
153 (Tex.Civ.App.) Community homestead
to make arrests.-Partin v. Commonwealth, 489.
property does not become subject to debt by 196 (Tex.Cr.App.) Evidence of death of
reason of administration and sale. Advance- one who accused claimed to be defending held
Rumely Thresher Co. v. Blevins, 1086.
admissible on issue of self-defense.-Forrester
v. State, 40.

HOMICIDE.

II. MURDER.

7 (Tex.Cr.App.) Unexplained killing mur-
der.-Bowlin v. State, 396.

198 (Ky.) Proof of reputation of deceased
as violent and dangerous properly admitted.-
Howard v. Commonwealth, 1059.

Proof of specific acts of bad conduct or gen-
20 (Ky.) Killing of officer who was at-eral reputation of deceased as to character
tempting to make legal arrest is murder, if properly excluded.—Id.
character was known.-Cornett v. Common-
wealth, 540.

HOMICIDE.

(C) Dying Declarations.
203 (3) (Ky.) Declaration held to have
been made in extremis.-Daniel v. Common-
wealth, 511.

215(4) (Ky.) Dying declaration defendant
shot without cause is incompetent.-Helphen-
stine v. Commonwealth, 497.

(E) Weight and Sufficiency.
250 (Tex.Cr.App.) Evidence held to sustain
conviction for murder.-Forrester v. State, 40.
250 (Tex.Cr.App.) Circumstantial evidence
held sufficient to sustain conviction for murder.

105 (Ky.) Peace officer has no right to kill-Lovel v. State, 349.
one resisting arrest for misdemeanor.-Partin
v. Commonwealth, 489.

Officer may without warrant arrest one for
felony in officer's presence, and may take his
life if necessary.-Id.

250 (Tex.Cr.App.) Evidence held sufficient
to support conviction of murder.-Olivares v.
State, 366.

250 (Tex.Cr.App.) Evidence held to war-
rant finding of murder.-Bowlin v. State. 396.
(Ky.) Resistance to person claiming 250 (Tex.Cr.App.) Evidence held sufficient
to sustain conviction.-Todd v. State, 695.
to be officer, without giving opportunity to
produce authority, is at defendant's risk.-Cor-255(2) (Ark.) Evidence held to warrant
conviction of voluntary manslaughter.-Spier v.
nett v. Commonwealth, 540.
State. 281.

124 (Ky.) Killing to prevent trespass or
misdemeanor theft not justifiable.-Howard v.
Commonwealth, 1059.

VI. INDICTMENT AND INFORMATION.

135(4) (Mo.) Information for first degree
murder held not insufficient as omitting word
"with."-State v. Baird, 596.

137 (Mo.) Information for first degree
murder held not defective as to statement of
time of death.-State v. Baird, 596.

141(2) (Mo.) Information held to charge
commission of felonious assault with intent to
kill. State v. Walker, 947.

VII. EVIDENCE.

(B) Admissibility in General.

255 (2) (Ky.) Conviction of manslaughter
reversed as flagrantly against evidence.-Par-
tin v. Commonwealth, 489.

255(2) (Ky.) Evidence held to sustain con-
viction of voluntary manslaughter.-Daniel v.
Commonwealth, 511.

294(1) (Tex.Cr.App.) Exception to charge
158(3) (Ky.) General threats by accused on insanity held without merit.-Todd v. State,
are admissible when circumstances show par-695.

as to

X. APPEAL AND ERROR.

295 (2) (Tex.Cr.App.) Instruction
passion including facts not in evidence er-329 (Ky.) Dying declaration erroneously
roneous.-Bowlin v. State, 396.

excluded cannot be considered on appeal.-

298 (Ky.) Evidence held to require in- Daniel v. Commonwealth, 511.
structions as to rights of officer making ar338(2) (Tex.Cr.App.) Admission of imma-
rest and of rights of one about to be arrested. terial evidence held harmless.-Bowlin v. State,
-Partin v. Commonwealth, 489.
396.

298 (Ky.) Instruction as to shooting_es- Admission of evidence held harmless.-Id.
caping prisoner, though abstractly correct, held338 (2) (Tex.Cr.App.) Statements of wit-
liable to be misunderstood.-Clem v. Common- ness as to reason for deceased being in his
wealth, 1036.
300 (8) (Ky.) Defendant held entitled to affect plea of self-defense.-Shirley v. State,
store just before meeting defendant held not to
have submitted issue of right to resist assault 692.
by apparent robbers.-Cornett v. Common-338 (3) (Ark.) Evidence of insanity of vic-
tim admitted without prejudice to defendant.
Spier v. State, 281.

wealth, 540.

300 (12) (Ky.) Qualification of right of
self-defense in resisting officer held erroneous.
-Cornett v. Commonwealth, 540.

301 (Ky.) Evidence held to require in-
struction as to right of defendant to defend
third person as well as himself.-Partin v. Com-
monwealth, 489.

338 (5) (Tex.Cr.App.) Admission of evi-
dence held not prejudicial.-Keith v. State.
384.
339 (Tex.Cr.App.) Refusal to permit proof
of reputation not error where admitted.-Bowlin
v. State, 396.

303 (Ky.) Instruction as to killing in re-340(!) (Mo.) Form of instruction on self-
sisting robbery properly refused when evidence defense held under the facts not reversible er-
did not show robbery.-Howard v. Common- ror.-State v. Delcour, 606.
wealth, 1059.

304 (Ky.) Instruction on accidental shoot-
ing unnecessary, where defendant testified he
intentionally fired his pistol.-Daniel v. Com-
monwealth, 511.

Evidence held not to warrant instruction as
to accidental shooting.-Id.

340(3) (Ark.) Instructions on manslaugh-
ter favorable to accused where evidence shows
either self-defense or murder.-Pendergrass v.
State, 914.

340 (3) (Ky.) Instruction requiring finding
of malice in killing officer held favorable to ac-
cused. Cornett v. Commonwealth, 540.

305 (Ky.) Evidence insufficient to justify 348 (Tex.Cr.App.) Erroneous instruction
submission of question of conspiracy.-Pharris held not reversible error.-Bowlin v. State, 396.
v. Commonwealth, 230.

308 (4) (Ark.) Evidence held to warrant
instruction on murder.-Spier v. State, 281.

HOSPITALS.

309(1) (Ky.) Proper instruction on invol-7 (Ky.) State hospital for insane held not
untary manslaughter in shooting to frighten es- liable for negligence of officers or servants.—
caping prisoner stated.-Clem V.
Dunn v. Central State Hospital, 216.
Common-
wealth, 1036.
Damages for personal injuries for negligence
recoverable against employees of state insti-
tution.-Id.

309 (4) (Ky.) Instruction on manslaughter
held warranted.-Clem v. Commonwealth, 1036.
309 (6) (Tex.Cr.App.) Issue of manslaugh-
ter should have been submitted on theory of de-
fense untrammeled by connection with other See Divorce.
conditions.-Shirley v. State, 692.

(D) Verdict.

315 (Ky.) Finding of guilt under instruc-
tion on theory of conspiracy not tantamount to
acquittal on theory that defendant alone was
concerned in the crime.-Pharris v. Common-
wealth, 230.

IX. NEW TRIAL.

319 (Ark.) Newly discovered evidence re-
lating to collateral matters held not to require
new trial.-Pendergrass v. State, 914.

Evidence only cumulative of that of defend-
ant and his witnesses does not require a new
trial.-Id.

319 (Ky.) Affidavit of absent witness which
defendant might have read considered as in evi-
dence in determining whether new trial should
be granted for cumulative evidence.-Daniel v.
Commonwealth, 511.

Cumulative evidence as to threats generally
does not require new trials.-Id.

New evidence as to threats by deceased held
not to require new trials.-Id.

319 (Tex.Cr.App.) Overruling motion for
new trial for newly discovered evidence of re-
mark of person not in such proximity to crime
as would warrant inquiry into his motive to
commit it not erroneous.-Lovel v. State, 349.

319 (Tex.Cr.App.) Newly discovered evi-
dence as to prosecuting witness' possession
of pistol held sufficient to authorize new trial.
-Anderson v. State, 681.

319 (Tex.Cr.App.) Refusal of new trial for
newly discovered evidence held not an abuse of
trial court's discretion.-Todd v. State, 695.

HUSBAND AND WIFE.

1151

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER note and mortgage.-Beauchamp v. Beauchamp, 125(3) (Ky.) Indictment charging defendant with owning and controlling moonshine still 502. and assisting in its operation was duplicitous. -Jackson v. Commonwealth, 242.

Claim against estate not satisfied by note of widow unsupported by consideration.-Id.

174 (Tex.Civ.App.) Married woman cannot be held liable for tort growing out of antecedent contract.-Sandoval v. Eagle Pass Lumber Co.,

132.

VI. ACTIONS.

on joint 229 (3) (Tex.Civ.App.) Petition note not averring debt contracted for benefit of wife's separate property states no cause against her.-Fisk v. Warren, 406.

VII. COMMUNITY PROPERTY.

125(3) (Ky.) Indictment charging both possession and operation of still is demurrable.Dennison v. Commonwealth, 880.

125(3) (Mo.) Statute forbidding possession of forged instrument with intent to defraud by utterance inapplicable to information charging forgery and uttering and selling note.-State v. Collins, 599.

Information charging in one count the uttering and selling of a forged note held bad for duplicity.-Id.

125(3) (Tex.Cr.App.) Indictment charging manufacture and possession of liquor held duplicitous.-Melley v. State, 367.

262(1) (Tex.Civ.App.) Land conveyed to married woman presumed community property, in absence of stipulation or evidence to con-125(40) (Ky.) Operation and assistance in trary.-Evans v. Smoot, 742.

268 (2) (Tex.Civ.App.) Community property liable for community debts except as exempt from forced sale.-Advance-Rumely Thresher Co. v. Blevins, 1086.

273(8) (Tex.Civ.App.) Independent of community debts surviving spouse may sell community homestead.-Advance-Rumely Thresher Co. v. Blevins, 1086.

276(1) (Tex.Civ.App.) Invalid administration of community property not void, but voidable only in direct proceeding. AdvanceRumely Thresher Co. v. Blevins, 1086.

276(6) (Tex.Civ.App.) Community administrator has full power to sell. AdvanceRumely Thresher Co. v. Blevins, 1086.

operation of still are one offense.-Dennison v. Commonwealth, 880.

128 (Ark.) Counts charging commission of crime and being "accessory after the fact" should not be joined.-Wood v. State, 568. 132(1) (Mo.) Refusal to require state to elect upon count error in absence of request to have state elect.-State v. Whitman, 937.

132(2) (Mo.) Refusal to require election between forgery in third and fourth degrees, charged in same count, held error.-State v. Collins, 599.

132(3) (Mo.) Refusal to require state to elect upon count before introducing evidence held not error.-State v. Whitman, 937. C132(5) (Mo.) Election between counts, sufficient before evidence introduced, held unnecessary. State v. Collins, 599.

Survivor, qualified as community administrator, may sell community homestead, though estate insolvent.-Id. Community homestead property does not be-132(5) (Tex.Cr.App.) State need not elect come subject to debt by reason of administra- between counts charging threats in same conversation to injure character and person of tion and sale.-Id. prosecuting witness.-Simmons v. State, 392.

TENANCE.

VIII. SEPARATION AND SEPARATE MAIN-132(6) (Ark.) Counts charging commission of crime and being "accessory after the fact" should not be joined, and election is required.Wood v. State, 568.

299(4) (Ky.) Discharge of insolvent debtor from imprisonment prevents subsequent imprisonment under decree.-Napier v. Napier, 529.

VII. MOTION TO QUASH OR DISMISS, AND

DEMURRER.

Decree for separate maintenance is judg-133 (10) (Tex.Cr.App.) Question of duplici

ment for debt.-Id.

125(1) (Mo.) Defendant cannot be convicted of two different crimes at the same trial.State v. Collins, 599.

ty can be raised by motion to quash, to require, election, or by exception.-Melley v. State, 367. INFANTS.

See Guardian and Ward; Parent and Child.

I. DISABILITIES IN GENERAL. 10 (Tex.Civ.App.) Married minor held entitled to rescind purchase contract of home. -Newberry v. Johnson, 456.

III. PROPERTY AND CONVEYANCES. 24 (Tex.Civ.App.) Evidence held sufficient to negative minority of owner during prescriptive period.-Smith v. Lancaster, 472.

39 (Ky.) Cannot be plaintiffs in action for sale of interests in land.-Hicks v. Winn, 499. Appearance as plaintiffs does not excuse failare to serve process for sale of land.--Id. Sale of infants' lands, in action in which they were plaintiffs, is void.-Id.

125(1)(Tex.Cr.App.) Duplicity not funda-118(2) mental error.-Melley v. State, 367.

under terms thereof.-Chas. F. Noble Oil & Gas Co. v. American Refining Co., 451. Requisites of petition for injunction stated.

-Id.

held not controlled by statute passing title to spouse with guardianship.-Id.

VI. CONTRACTS.

118(3) (Tex.Civ.App.) Granting temporary75 (Tex.Civ.App.) Attorney's fees in action injunction held error.-Chas. F. Noble Oil & to cancel conveyance are necessaries, so that Gas Co. v. American Refining Co., 451. borrowed money spent therefor is recoverable by lender.-Jones v. Meyer, 777. Items constituting "necessaries" for insane person stated.-Id.

130 (Tex.Civ.App.) Defendants not required to answer or stand trial on merits, when cited to appear to show cause why injunction should not be granted.-Fort Worth Acid Works v. City of Fort Worth, 822.

Motion by defendants to postpone hearing on injunction until next term held to preserve right to the time allowed to answer and stand trial on merits.-Id.

Filing answer few days before motion to postpone hearing held not waiver by defendants of statutory time to answer and stand trial on merits.-Id.

IV. PRELIMINARY AND INTERLOCUTORY
INJUNCTIONS.

(A) Grounds and Proceedings to Procure.

IX. ACTIONS.

98 (Tex.Civ.App.) Burden of proving money loaned to insane person was used for necessaries on lender.-Jones v. Meyer, 777.

99 (Tex.Civ.App.) Whether money loaned to insane person was used for necessaries held for jury under evidence.-Jones v. Meyer, 777. Reasonableness of items claimed to be necessaries for jury.-Ia.

INSOLVENCY.

See Assignments for Benefit of Creditors;
Bankruptcy.

INSTRUCTIONS.

135 (Tex.Civ.App.) Refusal to issue temporary injunction without notice discretionary with trial judge.-Mahaney v. City of Cisco, 420. See Criminal Law, 757-829; Trial, 186143(1) (Tex.Civ.App.) Right to temporary injunction granted on ex parte hearing must be clearly established.-Chas. F. Noble Oil & Gas Co. v. American Refining Co., 451.

143(2) (Tex. Civ. App.) Granting temporary injunction against entry on lease without opportunity for hearing held error.-Chas. F. Noble Oil & Gas Co. v. American Refining Co., 451.

Showing of irreparable injury insufficient to warrant temporary injunction without opportunity to defendant for hearing.-Id.

296.

INSURANCE.

I. CONTROL AND REGULATION IN
GENERAL.

17 (Tex.Civ.App.) Foreign insurance company, obtaining permit to do business in state, is subject to laws thereof.-Etna Life Ins. Co. of Hartford, Conn., v. Dunken, 165.

II. INSURANCE COMPANIES.
(A) Stock Companies.

144 (Tex.Civ.App.) Court cannot grant temporary injunction where petition prays only for 43 (Ky.) Receiver of insolvent insurance permanent injunction.-Fort Worth Acid Works v. City of Fort Worth, 822.

VI. WRIT. ORDER OR DECREE, SERV-
ICE, AND ENFORCEMENT.

204 (Tex.Civ.App.) Held bad for uncertainty.-Fort Worth Acid Works v. City of Fort Worth, 822.

INNKEEPERS.

company entitled to receive pro rata share of premium earned before insolvency.-Magnet Coal Co. v. Donaldson, 195.

Reinsurance of policies by insurer held not to show insolvency.-Id.

Accident must have been one insured against, for insured to recover from insolvent insurer's

receiver.--Id.

Showing that claim was covered by policy held insufficient to warrant recovery from in

9 (Ky.) May eject obnoxious guests.-Raid-solvent insurer's receiver.-Id. er v. Dixie Inn, 229.

Petition held not to show manner of exercising right to exclude guest was unlawful. -Id.

(12) (Tex.Civ.App.) Finding of negligence as to theft of goods sustained by evidence.-Worley v. Morgan, 1101.

INSANE PERSONS.

II. INQUISITIONS.

19 (Mo.App.) Confinement of feeble-minded person held without authority of law.-Ex parte Griggs, 609.

V. PROPERTY AND CONVEYANCES.

59 (Tex.Civ.App.) Claimant need not prove owner's sanity during prescriptive period, nor that he was not under disability of insanity, since sanity is presumed.-Smith v. Lancaster, 472.

66 (Tex.Civ.App.) Return of consideration still possessed prerequisite to rescission of transaction.-Jones v. Meyer, 777.

Prayer for general equity may take place of tender or money or property as prerequisite to recovery.-Id.

Upon rescission of contract to borrow money, lender must be placed in statu quo as to all money used for necessaries.-Id.

Lender of money to insane person held entitled to recover only portion used for necessaries.-Id.

95 (Tex. Civ. App.) Insurer held chargeable with knowledge of agent delivering policy without collection of premium.-Etna Life Ins. Co. of Hartford, Conn., v. Dunken, 165.

V. THE CONTRACT IN GENERAL. (A) Nature, Requisites, and Validity. 125(4) (Tex.Civ.App.) Policy, through nonresident agent of nonresident insurance company, held Texas contract.-Etna Life Ins. Co. of Hartford, Conn., v. Dunken, 165.

136(4) (Tex. Com. App.) Stipulation that policy not effective unless delivered while insured in good health valid.-Wright v. Federal Life Ins. Co., 325.

Statute providing that no settlement be made for less than amount insured effective only as to policy delivered while insured in good health. -Id.

Statutes held not to invalidate stipulation that policy sued on should not take effect unless insured was in good health at time of delivery.-Id.

(B) Construction and Operation. 146(3) (Tex.Civ.App.) Conditions of forfei

Action to cancel conveyance of insane person ture strictly construed against insurer.-Phoe