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III. CRIMINAL RESPONSIBILITY. Em 18 (Tex.Cr.App.) Time for challenge of

(B) Prosecution and Punishment. grand juror.-Staton v. State, 356. w97 (4) (Tex.Cr. App.) Testimony of general juror waived when not urged before trial.

19 (Tex.Cr.App.) Disqualification of grand reputation of house inadmissible.-Sherman y. State, 370.

Connelly v. State, 340.
GARNISHMENT.

GUARANTY.
I. NATURE AND GROUNDS.

IV. REMEDIES OF CREDITORS.
Om2 (Tex.Civ.App.) Garnishment proceedingsm78(1) (Tex.Civ.App.) Guarantor may in.
strictly 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.

GUARDIAN AND WARD. Cw87 (Tex.Civ.App.) Affidavit not aided by

III. CUSTODY AND CARE OF WARD'S record.-Barker v. Security State Bank of

PERSON AND ESTATE. Bowie, 478. www88' (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 Owo 64 (Tex.civ.App.) Note by guardian and state whether garnishee was corporation or others to replace money converted binding on partnership.-Id.

cosigners though not approved by probate court.

--Fidelity & Deposit Co. of Maryland v. Risien, V. LIEN OF GARNISHMENT AND LIABIL-1105. ITY OF GARNISHEE.

HABEAS CORPUS. mw 105 (Tex.Com.App.) Service of writ im- 1. NATURE AND GROUNDS OF REMEDY. pounds only debts garnishee owes defendant.-92 (Tex.Cr.App.) Statutes construed most Adams v. Williams, 673.

favorably to writ.-Ex parte Meador, 348. VI. PROCEEDINGS TO SUPPORT OR

33 (Tex.Cr.App.) If bail is denied or exENFORCE.

cessive, habeas corpus will be granted.-Ex

parte Meador, 348. Owl 19 (Ark.) No special form of pleading required. --Wilson v. Overturf, 898.

II. JURISDICTION, PROCEEDINGS, AND 146 (Tex.Civ.App.) Amended answer filed

RELIEF. without substituting lost original answer can-m65 (Tex.Cr.App.) Where to determine not be disregarded.-Garrison & Westfall v. right to bail, writ is properly made returnable Paine, 1098.

to county where crime committed.-Ex parte Om 178 (Ark.) Final judgment may be render- Meador, 348. ed against garnishee upon default.-Wilson v. Overturf, 898.

HARMLESS ERROR. Cmw 178 (Tex.civ.App.) Evidence by consent See Appeal and Error, ew1030–1071; Criminal as to contents of lost answer precludes judgment by default.-Garrison & Westfall v. Paine,

Law, C1166–1173. 1098.

HEALTH. ww181 (Ark.) Final judgment may be rendered against garnishee on trial when indebted 1. BOARDS OF HEALTH AND SANITARY to defendant on original judgment.-Wilson v.

OFFICERS. Overturf, 898.

ww3 (Ky.) County health department could GAS.

not be created by order appropriating money at w 14(1) (Ky.) Public interest in preventing tempted to be created at special term.-Daviess

regular term for support of department at. bankruptcy of gas company is consideration for County Board of Health v. McFarland, 179. granting increase of rates.-Johnson County Gas Co. v. Stafford, 515.

HIGHWAYS. Evidence held to show increased rate granted by board of trustees was just.-Id.

II. HIGHWAY DISTRICTS AND OFFICERS. Factors entering into determination of rea-Om90 (Ark.) Appeal from disallowance of sonable rate stated.-Id.

claim against district abolished by statute held Fair return on investment and percentage of subject to dismissal for not being prosecuted replacement vary with localities.--Id.

within time limited.-McIlroy v. Baird, 1. C 14(2) (Ky.) Town board of trustees can 90 (Ark.) Election to approve act crcating contract with gas company to increase rates district held to be premature and void.-Gaster permitted by franchise. --Johnson County Gas v. Dermott-Collins Road Improvement Dist., 2. Co. v. Stafford, 515.

ww90 (Ark.) Description of lands included in Board of trustees for town of sixth class road improvement district held not vague.has power to fix reasonable gas rates.-Id. Bacon v. Road Improvement Dist. No. 1 of Om 14(3) (Ky.) Franchise can permit charge Howard County, 267. for meter service.-Johnson County Gas Co. Statute dismembering road improvement disv. Stafford, 515.

trict after bond obligations incurred held in

valid.--Id. GOOD WILL.

C-90 (Ark.) Method of assessment to pay cm 5 (Ark.) Stockholder selling stock to cor: plated by special act creating district is aban

preliminary expenses, if improvement contemporation may agree not to engage in same business.-0. K. Travsfer & Storage Co. v. Crabdoned, held valid.-Western Crawford Road Im. tree, 271.

provement Dist. v. Missouri Pac. R. Co., 563. Contract by seller of stock not to engage expense of improvement abandoned by improve

Legislative determination as to preliminary again in same business held invalid.--Id.

ment district conclusive. unless prima facie

arbitrary and unreasonable.-Id. GRAND JURY. C5 (Tex.Cr. App.) Grand juror not disquali

IV. TAXES, ASSESSMENTS, AND WORK fied because he was joint owner of stolen prop

ON HIGHWAYS. erty.-Staton v. State, 356.

Cow I 22 (Ark.) Legislative determination as to Cm 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,

L.

For cases in Doc.Dig. & Am.Dig. Key-No.Series & Indexes sce same topic and KEY-NUMBER
Improvement Dist. v. Missouri Pac. R. Co., ticular reference.-Burns v. Commonwealth,
563.

848.
Om 13072 [New, vol. 12A Key-No. Series] General threat uttered short time before

(Tex.civ. App.) County held necessary homicide held admissible.-Id. party in action to restrain performance of a 163(2) (Ky.) Proof of business of deceascounty commissioners' contract for road con- ed_held not incompetent as character witness. struction work.--Allison v. Ellis, 814.

-Daniel v. Commonwealth, 511. Casa 148 (Ark.) Section of act creating district Om 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. -Gaster v. Dermott-Collins Road Improvement ma 166(3) (Tex.Cr.App.) Evidence held adDist., 2.

missible to show motive.-Sagu v. State. 390.

w 166(8) (Ark.) Evidence of victim's wife V. REGULATION AND USE FOR TRAVEL. that defendant had ravished her two years be(B) Use of Highway and Law of the Rond. fore tragedy which caused quarrel that never Cm.176 (Ky.) Auto driver held not liable for abated was admissible.-Spier v. State, 281. collision on theory that his stopping caused m 166 (10) (Tex.Cr.App.) Where robbery mocar in his rear to change its course.—Moore v. prior to homicide deceased carried considerable

tive relied upon, evidence that four months Wilson, 874.

money on person admissible.-Lovel v. State, HOMESTEAD.

349. III. RIGHTS OF SURVIVING HUSBAND,

174(6) (Ky.) Evidence of bullet hole, if WIFE, CHILDREN, OR HEIRS. supporting theory that defendant intended to em 146 (Tex.Civ.App.) Independent of debts Clem v. Commonwealth, 1036.

fire over deceased's head, was competent. surviving spouse may sell homestead. Adem 174(8) (Mo.) Defendant's statements after vance-Rumely Thresher Co. v. Blevins, 1086. Survivor, qualified as community administra- admissible.-State v. Delcour, 606.

the killing, connected with the offense, charged tor, may sell homestead, though estate insol.184 (Ky.) Evidence as to place of killing vent.-Id. 153 (Tex.Civ.App.) Community homestead

held erroneous as not affecting defendant's right property does not become subject to debt by 196 (Tex.Cr.App.) Evidence of death of

to make arrests.-Partin v. Commonwealth, 489. 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.

w198 (Ky.) Proof of reputation of deceased II. MURDER.

as violent and dangerous properly admitted.7 (Tex.Cr.App.) Unexplained killing mur- Howard v. Commonwealth, 1059. der.-Bowlin v. State, 396.

Proof of specific acts of bad conduct or gen

to character w20. (Ky.) Killing of officer who was at- eral reputation of deceased as tempting to make legal arrest is murder, if properly excluded.-Id. character was known.-Cornett v. Common

(C) Dying Declarations. wealth, 540.

Com 203(3) (Ky.) Declaration held bave III. MANSLAUGHTER.

been made in extremis.-Daniel v. Common34 (Ky.) "Involuntary manslaughter” de- wealth, 511, fined.-Člem v. Commonwealth, 1036.

215(4) (Ky.) Dying declaration defendant 39 (Tex.Cr.App.) Passion making killing shot without cause is incompetent.--Helphenmanslaughter.--Bowlin v. State, 396.

stine v. Commonwealth, 497.
ww49. (Tex.Cr.App.) Slaying on first meeting

(E) Weight and Sufficiency.
after learning of improper relations with wife
manslaughter.-Bowlin v. State, 396.

250 (Tex.Cr.App.) Evidence held to sustain

conviction for murder.--Forrester v. State, 40. V. EXCUSABLE OR JUSTIFIABLE

www 250 (Tex.Cr.App.) Circumstantial evidence HOMICIDE.

held sufficient to sustain conviction for murder. Ows 105.(Ky.) Peace officer has no right to kill -Lovel y. State, 349. one resisting arrest for misdemeanor. -Partin 250 (Tex.Cr.App.) Evidence held sufficient

to support conviction of murder.--Olivares y. v. Commonwealth, 489.

Officer may without warrant arrest one for State. 366.
felony in officer's presence, and may take his Paw 250 (Tex.Cr.App.) Evidence held to war-

rant finding of murder.-Bowlin v. State. 396.
life if necessary.--Id.
Plll (Ky.) Resistance to person claiming Em 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- Cw255(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 a 255(2) (Ky.) Conviction of manslaughter misdemeanor theft not justifiable.-Howard v. reversed as flagrantly against evidence.--ParCommonwealth, 1059.

tin v. Commonwealth, 489. VI. INDICTMENT AND INFORMATION.

Com 255(2) (Ky.) Evidence held to sustain con

viction of voluntary manslaughter. --Daniel v.
135(4) (Mo.) Information for first degree Commonwealth, 511.
murder held not insufficient as omitting word
“with."-State v. Baird, 596.

VIII. TRIAL.
Om 137 (Mo.) Information for first degree

(B) Questions for Jury.
murder held not defective as to-statement of 268 (Ky.) Evidence held sufficient to make
time of death.-State v. Baird. 596.
En 141(2) (Mo.) Information held to charge question for jury.-Pharris v. Commonwealth,
commission of felonious assault with intent to

230. kill.-State v. Walker, 947.

Com 271 (Tex.Cr.App.) State of slayer's mind

for jury.--Bowlin v. State, 396. VII. EVIDENCE.

(C) Instructions. (B) Admissibility in General.

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

1

as

v.

Omm 295(2) (Tex.Cr.App.) Instruction to

X. APPEAL AND ERROR. passion including facts not in evidence er- 329 (Ky.) Dying declaration erroneously roneous.-Bowlin v. State, 396.

excluded cannot be considered on appeal. Cm 298 (Ky.) Evidence held to require in- Daniel v. Commonwealth, 511. structions as to rights of officer making ar com 338(2) (Tex.Cr.App.) Admission of immarest 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, held am338 (2) (Tex.Cr.App.) Statements of witliable 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-om 338(3) (Ark.) Evidence of insanity of vicwealth, 540.

tim admitted without prejudice to defendant. Om 300(12) (Ky.) Qualification of right of-Spier v. State, 281. self-defense in resisting officer held erroneous. Omw 338(5) (Tex.Cr.App.) Admission of evi--Cornett v. Commonwealth, 540.

dence held not prejudicial.-Keith v. State. Om301 (Ky.) Evidence held to require in: 384. struction as to right of defendant to defend 0m 339 (Tex.Cr.App.) Refusal to permit proof third person as well as himself.-Partin v. Com- of reputation not error where admitted.-Bowlin monwealth, 489.

v. State, 396. On 303 (Ky.) Instruction as to killing in re- 340(I) (Mo.) Form of instruction on selfsisting robbery properly refused when evidence defense held under the facts not reversible erdid not show robbery.-Howard v. Common- ror.-State v. Delcour, 606. wealth, 1059.

Om 340 (3) (Ark.) Instructions on manslaughC304 (Ky.) Instruction on accidental shoot- ter favorable to accused where evidence shows ing unnecessary, where defendant testified he either self-defense or murder.-Pendergrass v. intentionally fired his pistol.-Daniel v. Com- State, 914. monwealth, 511.

Com 340 (3) (Ky.) Instruction requiring finding Evidence held not to warrant instruction as of malice in killing officer held favorable to acto accidental shooting.-Id.

cused.-Cornett v. Commonwealth, 540. Os 305 (Ky.) Evidence insufficient to justify ou348 (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.) Ev lence held to warrant

HOSPITALS. instruction on murder.-Spier v. State, 281. ww309(I) (Ky.) Proper instruction on invol-Comm? (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 Common- Dunn v. Central State Hospital, 216. wealth, 1036.

Damages for personal injuries for negligence Cws 309 (4) (Ky.) Instruction on manslaughter recoverable against employees of state instiheld warranted. --Clem v. Commonwealth, 1036. tution.--Id. 309 (6) (Tex.Cr.App.) Issue of manslaugh

HUSBAND AND WIFE. ter should have been submitted on theory of defense untrammeled by connection with other See Divorce. conditions.-Shirley v. State, 692.

I. MUTUAL RIGHTS, DUTIES, AND LIA

BILITIES. (D) Verdict.

Omw (Tex.) Husband's income subject to m315 (Ky.) Finding of guilt under instruc- maintenance of wife and children.-Hedtke v. tion on theory of conspiracy not tantamount to Hedtke, 21. acquittal on theory that defendant alone was concerned in the crime.-Pharris v. Common-IV. DISABILITIES AND PRIVILEGES OF wealth, 230.

COVERTURE.

(C) Contracts. IX. NEW TRIAL.

87(4) (Tex.Civ.App.) Married woman not

liable on joint note executed by son for his preC319 (Ark.) Newly discovered evidence re- vious debt.-Sandoval v. Eagle Pass Lumber lating to collateral matters held not to require Co., 132. new trial.-Pendergrass v. State, 914. Evidence only cumulative of that of defend

(E) Torts. ant and his witnesses does not require a new C 105 (Tex.Civ.App.) Married woman not liatrial.-Id.

ble in action for fraudulent deceit growing out 319 (Ky.) Affidavit of absent witness which of attempted illegal contracts.-Sandoval v. defendant might have read considered as in evi- Eagle Pass Lumber Co., 132. dence in determining whether new trial should be granted for cumulative evidence.-Daniel v. V. WIFE'S SEPARATE ESTATE. Commonwealth, 511.

(A) What Constitutes. Cumulative evidence as to threats generally does not require new trials.--Id.

Om 129(3) (Ky.). Whether wife's equity from New evidence as to threats by deceased held which funds were derived to pay for property not to require new trials.-Id.

in question was subject to husband's debts Ciw319. (Tex.Cr.App.) Overruling motion for held immaterial.-Deboe v. Brown, 855. new trial for newly discovered evidence of re- Emas 133(7) (Ky.) Evidence held to show wife mark of person not in such proximity to crime paid for property, and title was taken in husas would warrant inquiry into his motive to

band's name without her consent.--Deboe v. commit it not erroneous.-Lovel v. State, 349.

Brown, 855. 319 (Tex.Cr.App.) Newly discovered evidence as to prosecuting witness' possession

(C) Liabilities and Charges. of pistol held sufficient to authorize new trial. Em 156 (Ky.) Facts' held not to show detri--Anderson v. State, 681.

ment to promisee.-Beauchamp F. Beauchamp, 319 (Tex.Cr.App.) Refusal of new trial for 502. newly discovered evidence held not an abuse of C 171(3) (Ky.) Wife's voluntary assumption

on

For cases in Doc.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER note and mortgage.-Beauchamp v. Beauchamp, ww125(3) (Ky.) Indictment charging defend502.

ant with owning and controlling moonshine still Claim against estate not satisfied by note of and assisting in its operation was duplicitous. widow unsupported by consideration.-Id. -Jackson v. Commonwealth, 242. em 174 (Tex.Civ.App.) Married woman cannot www ! 25(3) (Ky.) Indictment charging both posbe held liable for tort growing out of antecedent session and operation of still is demurrable.contract.-Sandoval v. Eagle Pass Lumber Co., Dennison v. Commonwealth, 880. 132.

Cu 125(3) (Mo.) Statute forbidding possession VI. ACTIONS.

of forged instrument with intent to defraud by Cars 229 (3) (Tex.Civ.App.) Petition joint

utterance inapplicable to information charging note not averring debt contracted for benefit of forgery and uttering and selling note.--State v.

Collins, 599, wife's separate property states no cause against her.-Fisk v. Warren, 406.

Information charging in one count the utter

ing and selling of a forged note held bad for duVII. COMMUNITY PROPERTY.

plicity.-Id.

Em 125(3) (Tex.Cr. App.) Indictment charging pm 262(1) (Tex.Civ.App.) Land conveyed to manufacture and possession of liquor held dumarried woman presumed 'community property, plicitous.-Melley v. State. 367. in absence of stipulation or evidence to con- Cm 125(40) (Ky.) Operation and assistance in trary.-Evans v. Smoot, 742. ww268 (2) (Tex.civ.App:). Community proper: Commonwealth, 880.

operation of still are one offense.--Dennison v. ty liable for community debts except as exempt m/28 (Ark.) Counts charging commission of from forced sale.-Advance-Rumely Thresher crime and being "accessory after the fact” Co. v. Blevins, 1086. 273(8) (Tex.civ.App.) Independent of com-1132(1) (Mo.) Refusal to require state to

should not be joined.-Wood v. State, 568. munity debts surviving spouse may sell com- elect upon count error in absence of request to munity homestead.-Advance-Rumely Thresher bave state elect.-State v. Whitman, 937. Co. y. Blevins, 1086.

www132(2) (Mo.) Refusal to require election Omw276(1) (Tex.Civ.App.) Invalid administration of community property not void, but void between forgery in third and fourth degrees, able only in direct

charged in same count, held error.-State v. proceeding.-Advance

Collins, 599. Rumely Thresher Co. v. Blevins, 1086. Cm276(6) (Tex.Civ.App.) Community admin- cm 132(3) (Mo.) Refusal to require state to istrator has full power to sell.-Advance-elect upon count before introducing evidence Rumely Thresher Co. v. Blevins, 1086.

held pot error.-State v. Whitman, 937. Survivor, qualified as community administra-132(5) (Mo.) Election between counts, suf

ficient before evidence introduced, held unnector, may sell community homestead, though estate insolvent.-Id.

essary.-State v. Collins, 599. Community homestead property does not be- C132(5) (Tex.Cr.App.) State need not elect come subject to debt by reason of administra- between counts charging threats in same contion and sale.-Id.

versation to injure character and person of

prosecuting witness.- Simmons. v. State, 392. VIII. SEPARATION AND SEPARATE MAIN- Omw 132(6) (Ark.) Counts charging commission TENANCE,

of crime and being "accessory after the fact" Om 299 (4) (Ky.) Discharge of insolvent debtor Wood v. State, 568.

should not be joined, and election is required.-from imprisonment prevents subsequent imprisonment under decree.---Napier V. Napier, VII, MOTION TO QUASH OR DISMISS, AND 529.

DEMURRER. Decree for separate maintenance is judg. 133(10) (Tex.Cr.App.) Question of dupliciment for debt.-Id.

ty can be raised by motion to quash, to require, ILLEGITIMATE CHILDREN.

election, or by exception.--Melley v. State, 367. See Bastards.

INFANTS.

See Guardian and Ward; Parent and Child. IMPROVEMENTS. See Municipal Corporations, www406-552.

1. DISABILITIES IN GENERAL.

COW 10 (Tex.Civ.App.) Married minor held enINDEMNITY,

titled to rescind purchase contract of home. See Guaranty.

|--Newberry v. Johnson, 456.

III. PROPERTY AND CONVEYANCES. INDICTMENT IND INFORMATION. See Homicide, C-135-141.

Cm 24 (Tex,Civ.App.) Evidence held sufficient to negative minority of owner during prescrip

tive period.--Smith v. Lancaster, 472. v. REQUISITES AND SUFFICIENCY OF ACCUSATION.

ww39 (Ky.) Cannot be plaintiffs in action for

sale of interests in land.--Hicks v. Winn, 499. Cm79 (Tex.Cr.App.) Misspelling word “years”. Appearance as plaintiffs does not excuse failin referring to age of prosecutrix held not to

are to serve process for sale of land.-Id. vitiate indictment for seduction.--Rhodes V. Sale of infants' lands, in action in which they State, 679.

were plaintiffs, is void.--Id. Cm91(1) (Mo.) Information for larceny failing to allege felonious taking or intent held

INJUNCTION, fatally defective.--State v. Bennett, 924. Comlig (Ky.) Allegations of assisting in oper

II. SUBJECTS OF PROTECTION AND RE

LIEF. ation of still held surplusage.-Dennison V. Commonwealth, 880.

(C) Contracts.

ww57 (Tex.Civ.App.) Threatened breach of VI. JOINDER OF PARTIES, OFFENSES, contract will not be restrained where contract AND COUNTS, DUPLICITY, AND could not be enforced by specific performance. ELECTION.

-Texas Farm Bureau Cotton Ass'n v. Stovall, 125(1) (Mo.) Defendant cannot be convict- 1109. ed of two different crimes at the same trial.State v. Collins, 599.

III. ACTIONS FOR INJUNCTIONS. Om 125(1) (Tex.Cr.App.) Duplicity not funda- 1 c118(2) (Tex.civ.App.). Entire contract mental error.-Melley v. State, 307.

should be set out in petition to enjoin entry

under terms thereof.-Chas. F. Noble Oil & held not controlled by statute passing title to Gas Co. v. American Refining Co., 451.

spouse with guardianship.-Id. Requisites of petition for injunction stated. -Id.

VI. CONTRACTS. Cuma 18(3) (Tex.Civ.App.) Granting temporary Em75 (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 cm 130 (Tex.Civ.App.) Defendants not requir- by lender.-Jones v. Meyer, 777. ed to answer or stand trial on merits, when Items constituting "necessaries” for insane cited to appear to show cause why injunction person stated.-Id. should not be granted.--Fort Worth Acid Works v. City of Fort Worth, 822.

IX. ACTIONS. Motion by defendants to postpone hearing on 98 (Tex.Civ.App.) Burden of proving moninjunction until next term held to preserve ey loaned to insane person was used for necesright to the time allowed to answer and stand saries on lender.-Jones v. Meyer, 777. trial on merits.-Id.

99 (Tex.civ.App.) Whether money loaned Filing answer few days before motion to to insane person was used for necessaries held postpone hearing held not waiver by defend- for jury under evidence.-Jones v. Meyer, 777. ants of statutory time to answer and stand trial Reasonableness of items claimed to be neceson merits.-Id.

saries for jury.-Id. IV. PRELIMINARY AND INTERLOCUTORY

INSOLVENCY. INJUNCTIONS. (A) Grounds and Proceedings to Procure. See Assignments for Benefit of Creditors;

Bankruptcy. 135 (Tex.Civ.App.) Refusal to issue temporary injunction without notice discretionary

INSTRUCTIONS. with trial judge.- Mahaney v. City of Cisco, 420. See Criminal Law, 757-829; Trial, w186Om 143(1) (Tex.Civ.App.) Right to temporary

296. injunction granted on ex parte hearing must be clearly established.--Chas. F. Noble Oil & Gas

INSURANCE. Co. v. American Refining Co., 451.

1. CONTROL AND REGULATION IN Om143(2) (Tex. Civ. App.) Granting tempo

GENERAL. rary injunction against entry on lease without om 17 (Tex.Civ.App.) Foreign insurance comopportunity for hearing held error.--Chas. F. pany, obtaining permit to do business in state, Noble Oil & Gas Co. v. American Refining Co., is subject to laws thereof.-Ætna Life Ins. Co. 451.

of Hartford, Conn., v. Dunken, 165. Showing of irreparable injury insufficient to warrant temporary injunction without opportu

II. INSURANCE COMPANIES. nity to defendant for hearing.-Id.

(A) Stock Companies. Oma 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 company entitled to receive pro rata share of v. City of Fort Worth, 822.

premium earned before insolvency.-Magnet

Coal Co. v. Donaldson, 195. VI. WRIT, ORDER OR DECREE, SERV Reinsurance of policies by insurer held not to ICE, AND ENFORCEMENT.

show insolvency.-Id. w204 (Tex.Civ.App.) Held bad for uncertain

Accident must have been one insured against, ty:-Fort Worth Acid Works v. City of Fort for insured to recover from insolvent insurer's

Id Worth, 822.

Showing that claim was covered by policy INNKEEPERS.

held insufficient to warrant recovery from in. Om 9 (Ky.) May eject obnoxious guests.-Raid- solvent insurer's receiver.-Id. er v. Dixie Inn, 229. Petition held not to show manner of ex

III. INSURANCE AGENTS AND BROKERS. ercising right to exclude guest was unlawful.

(A) Agency for Insurer. -Id. mil(12) (Tex.Civ.App.) Finding of negli- tions with knowledge of both.-Rogers v. Ra

81 (Ky.) Agent can serve two corporagence as to theft of goods sustained by evi

mey, 251. dence.-Worley v. Morgan, 1101.

Cm95 (Tex. Civ. App.) Insurer held chargea

ble with knowledge of agent delivering policy INSANE PERSONS.

without collection of premium.-.Etna Life Ins. II. INQUISITIONS.

Co. of Hartford, Conn., v. Dunken, 165. 19 (Mo.App.) Confinement of feeble-mind

V. THE CONTRACT IN GENERAL. ed person held without authority of law.-Ex parte Griggs, 609.

(A) Nature, Requisites, and Validity,

On 125(4) (Tex.Civ.App.) Policy, through nonV. PROPERTY AND CONVEYANCES. resident agent of nonresident insurance comww59 (Tex.Civ.App.) Claimant need not prove pany, held Texas contract.-Ætna Life Ins. Co. owner's sanity during prescriptive period, nor of Hartford, Conn., v. Dunken, 165. that he was not under disability of insanity, Cupa 1 36(4) (Tex. Com. App.) Stipulation, that since sanity is presumed.-Smith v. Lancaster, policy not effective unless delivered while in472.

sured in good health valid.-Wright v. Federal 66 (Tex.Civ.App.) Return of consideration Life Ins. Co., 325. still possessed prerequisite to rescission of Statute providing that no settlement be made transaction.-Jones r. Meyer, 777.

for less than amount insured effective only as Prayer for general equity may take place of to policy delivered while insured in good health. tender or money or property as prerequisite to -Id. recovery.-Id.

Statutes held not to invalidate stipulation Upon rescission of contract to borrow money, that policy sued on should not take effect unlender must be placed in statu quo as to all less insured was in good health at time of demoney used for necessaries.-Id.

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

(B) Construction and Operation, ries.--Id.

146(3) (Tex.Civ.App.) Conditions of forfei

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