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160 (Ky.) Credits on standing of parties held to suspend running of 21 (Mo. App.) Contract (C) Termination and Discharge. limitations.-Kennedy v. Kennedy, 182.

V. PLEADING, EVIDENCE, TRIAL, AND
REVIEW.

178 (Tex.Civ.App.) Surety's suit on note executed by guardian to replace money converted held not barred.-Fidelity & Deposit Co. of Maryland v. Risien, 1105.

195(6) (Ky.) If payments suspending running of limitations are denied, burden of proof on holder.-Kennedy v. Kennedy, 182.

LIQUOR SELLING.

See Intoxicating Liquors.

LOGS AND LOGGING.

1158

of held for indefinite period terminable at will.employment Ogden v. Atlas Brewing Co., 644.

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(E) Fellow Servants.

180(1) (Mo.) Defense of fellow employee's negligence not available, where employee injured in interstate commerce.-Laughlin v. Missouri Pac. R. Co., 949.

safe machinery nondelegable. Green River 185(9) (Ky.) Duty to furnish reasonably Light & Water Co. v. Beeler, 201.

(F) Risks Assumed by Servant.

3(13) (Ark.) Conduct of vendors in failing to declare forfeiture held to estop vendors from asserting a lien upon logs manufactured into lumber by purchaser from vendee.-Henry Quellmalz Lumber & Mfg. Co. v. Briney, 290. Where vendor of timber is estopped from as-204(1) (Mo.) Defense of assumption of serting lien against purchaser of lumber from risk not available, where employee injured in vendee, purchaser derives right to possession interstate of lumber manufactured out of such timber Pac. R. Co., 949. commerce.-Laughlin V. Missouri from vendee, and not from quitclaim deed from 217(2) (Ky.) Appreciation of risk, and vendor.-Id. not knowledge of defect, bars recovery.-Webb v. Elkhorn Mining Corporation, 844.

(H) Actions.

3(14) (Ky.) Purchaser of trees has no right to those not removed within time prescribed by contract.-Maynard v. Farley, 1022. Purchaser of trees cannot recover consideration paid for those he failed to remove in time.264 (2) (Mo.App.) Pleading held to render admissible evidence of master's knowledge of defect.-Laemore v. Lehrack, 639.

-Id.

3(15) (Ky.) Answer to petition to quiet title to trees held insufficient.-Maynard v. Far-265(13) (Ky.) Operator of machine preley, 1022. sumed to assume risks.-Webb v. Elkhorn Mining Corporation, 844.

LUNATICS.

See Insane Persons.

MALICIOUS MISCHIEF.

9 (Tex.Cr.App.) Evidence held sufficient to warrant conviction for defacing "public building" while confined in jail.-Haag v. State,

1075.

MALICIOUS PROSECUTION.

V. ACTIONS.

49 (Ark.) Complaint must allege want of probable cause.-Sonsee v. Jones & Green, 289. 66 (Ark.) Measure of damages for detention of attached property stated.-Sonsee v. Jones & Green, 289.

67 (Ark.) Compensatory wrongful attachment recoverable only in acdamages for tion to dissolve.-Sonsee v. Jones & Green, 289. Damages for injury to credit recoverable in separate action.-Id.

See Homicide.

MANSLAUGHTER.

MARRIAGE.

See Breach of Marriage Promise;
Husband and Wife.

MASTER AND SERVANT.

See Trade Unions.

I. THE RELATION.

276(1) (Mo.) Evidence held sufficient to show employee and railroad engaged in interstate commerce.-Laughlin v. Missouri Pac. R. Co., 949.

276(3) (Ky.) Presence of refuse under coal cutting machine held not proximate cause of injury.-Webb v. Elkhorn Mining Corporation, 844.

278(18) (Mo.) Evidence held sufficient to establish negligence of engineer after being signaled by switchman to stop for purpose of boarding engine.-Laughlin v. Missouri Pac. R. Co., 949.

284(3)(Mo.App.) Negligence of employee' acting outside the scope of employment in picking up defective insulated wire held question for jury.-Hollis v. Kansas City Light & Power Co., 634.

held a jury question.-Hollis v. Kansas City 286 (20) (Mo. App.) Negligent insulation Light & Power Co., 634.

288 (5) (Ky.) Testimony servant did not appreciate risk of operating unguarded coal cutting machine does not take case to the jury. -Webb v. Elkhorn Mining Corporation, 844.

289 (4) (Mo.App.) Employé may rely upon superior knowledge of master.-Laemore v. Lehrack, 639.

Divorce;289 (19) (Mo.App.) Contributory negligence in picking up defective insulated wire held question for jury.-Hollis v. Kansas City Light & Power Co., 634.

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(A) Creation and Existence. 3(2) (Ky.) Ambiguous contract can be en meaning given it by parties.-Piercy v. Louisville & N. Ry. Co., 1042. Interdivisional rule held construed by parties as contended for by plaintiff.-Id. 7 (Ky.) Order affecting one modification of seniority rights of conductors. run held not -Piercy v. Louisville & N. Ry. Co., 1042.

293(19) (Mo.) Charge on negligence of ento board engine held not erroneous.-Laughlin gineer in failing to stop on signal of switchman v. Missouri Pac. R. Co., 949.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
IV. LIABILITIES FOR INJURIES TO
THIRD PERSONS.

(A) Acts or Omissions of Servant.
302(1) (Mo.App.) Whether act of servant
within scope of employment determined by facts
in particular case.-Noland v. Morris & Co.,
627.

permit held entitled to subsequent permit covering same land.-Id.

Public land commissioner issuing oil and gas lease presumed to waive failure to develop under permit.-Id.

II. TITLE, CONVEYANCES, AND
CONTRACTS.

(A) Rights and Remedies of Owners.

Fact that employee's act hindered, rather than aided, master's business, immaterial as to whether done within scope of employment. -Id. 306 (Mo.App.) Master liable for malicious tort of servant acting within scope of employ-acquisition of title to minerals.-Id. ment.-Noland v. Morris & Co., 627.

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49 (Ky.) Possession of minerals separate from surface such as the nature of the property admits is sufficient.-Asher v. Gibson, 862. Interruptions of possession held to prevent Possession of surface under absolute deed is not adverse possession of severed minerals. -Id.

332 (2) (Mo.App.) Whether servant's tort 50 (Ky.) Petition held to allege ownership within scope of employment held for jury.-No- of coal by plaintiffs.-Asher v. Gibson, 862. land v. Morris & Co., 627.

Fact that employee's tort result of erroneous

(B) Conveyances in General.

execution of foreman's order cannot affect ques-55(1) (Ky.) May be separated from surtion of whether within scope of employment, as face by reservation.-Asher v. Gibson, 862. question for jury.-Id.

VI. WORKMEN'S COMPENSATION ACTS. (A) Nature and Grounds of Master's Liability.

375(2) (Tex.Com.App.) Injury to employé boarding train to return home held in "course of employment," within Compensation Act.Western Indemnity Co. v. Leonard, 655.

(C) Proceedings.

405 (5) (Ky.) Evidence held to sustain board's finding parents were not dependent on deceased employee.-Hagan v. Mason-Hanger Const. Co., 896.

417(7) (Ky.) Board's finding parents were not dependent on deceased employee conclusive on courts.-Hagan v. Mason-Hanger Const. Co., 896.

MECHANICS' LIENS.

II. RIGHT TO LIEN.

(C) Agreement or Consent of Owner. 71 (Ky.) Married woman, knowing of improvement on separate property, bound for material ordered by husband.-Mingo Lime & Lumber Co. v. Parsley, 169.

73 (3) (Ky.) Materialman's lien may be enforced against property of married woman, although written contract therefor not signed by her.-Mingo Lime & Lumber Co. v. Parsley, 169.

III. PROCEEDINGS TO PERFECT.

a

(C) Leases, Licenses, and Contracts. 58 (Ky.) Receipt and retention for month of deed conveying land as part consideration for lease held to create presumption of acceptance.-Hogg v. Forsythe, 1008.

58 (Tex.Civ.App.) Evidence held not to show agency between lessees so as to impute to one knowledge of other as to mistake in lease. -Dale v. Simon, 703.

Agency or partnership between signers of lease held not to work estoppel to deny validity.-Id.

66 (Ky.) Coal lease held to permit forfeiture only on concurrence of three conditions. -Hogg v. Forsythe, 1008.

Statute authorizing forfeiture of term for assignment does not apply to coal lease with option to buy.-Id.

68(1) (Ky.) Answer alleging lessor's consent to assignment and release of lessee held to state defense to action for rent, in lieu of operation.-Lockhart v. Atwood, 843.

70(4) (Ky.) Lessor held to have waived right to forfeit coal mining lease.-Hogg v. Forsythe. 1008.

70(5) (Ky.) Royalties on coal mined by lessee are rents.-Caudill Coal Co. v. Solner Mining Co., 533.

four months applies to liens of third parties. Priority of statutory lien for rent for past

-Id.

732 (Ky.) Oil "produced," to continue lease, must be in quantity susceptible of division.-Enfield v. Woods, 842,

136(1) (Tex.Civ.App.) Affidavit need not 78 (2) (Tex.Civ.App.) Oil and describe land on which personalty situated.-held not ambiguous so as to prevent construcgas lease Moore v. Carey Bros. Oil Co., 470. tion by court as to rentals to be paid to prevent forfeiture.-Dale v. Simon, 703. 78(3) (Ky.) Notice to develop held sufficient where lessee was holding for speculation.

IV. OPERATION AND EFFECT.
(C) Priority.

197 (Tex.Civ.App.) Purchaser before lien-United Fuel Gas Co. v. Adams, 841. fixed takes subject to lien.-Moore v. Carey Bros. Oil Co., 470.

VII. ENFORCEMENT.

III. OPERATION OF MINES, QUARRIES,
AND WELLS.

(C) Rights and Liabilities Incident to
Working.

304(1), (Ky.) Materialman held entitled to 109 (Ky.) In action for breach of mining personal judgment against married woman.-contract, instructions held as favorable to deMingo Lime & Lumber Co. v. Parsley, 169.

MINES AND MINERALS.

I. PUBLIC MINERAL LANDS. (A) Reservation and Disposal in General. 5 (Tex.Civ.App.) Invalidity of oil and gas permits and leases on public school land held not shown.-Bynum v. Colquitt, 720.

Purchaser of public school land could not take advantage of defective previous relinquishment of oil and gas permit the state not complaining.-Id.

fendant as it could ask.-Mammoth Blue Gem Coal Co. v. Elswick, 240.

Evidence as to profits which would have been made on broken contract held to sustain verdict.-Id.

109 (Ky.) Petitions held to sustain judgment for lost profits from drilling wells.-Cadillac Oil & Gas Co. v. Robert Lovelace & Co., 883.

Extra work under well-drilling contract held not to include drilling out plugged hole.-Id.

Evidence held to sustain amount of damages awarded for breach of contract to drill wells.

Persons interested in relinquished oil and gas-Id.

See Infants.

MINORS.

MONEY PAID.

(Tex.Civ.App.) Liability for money paid another for repair bill of locomotive held not established.-Lancaster v. Faskin, 754.

MONEY RECEIVED.

6(6) (Tex.Civ.App.) Plaintiff held entitled to recover payments made to regain possession of railroad equipment.-Lancaster v. Faskin, 754.

18(3) (Ark.) Evidence held to sustain finding that plaintiff had not purchased bonus and War Savings Stamps as alleged.-Weaver v. First Nat. Bank, 556.

18(3) (Tex. Civ. App.) Evidence held to show privity of contract to deliver railroad equipment.-Lancaster v. Faskin, 754.

fatally defective.-State ex inf. Barrett ex rel. Ryan v. Huffman, 985.

18 (Mo.App.) Relators in proceedings to test validity of incorporation of town held not estopped by fact that they voted at city election.-State ex inf. Barrett ex rel. Ryan v. Huffman, 985.

V. OFFICERS, AGENTS, AND EMPLOYÉS.
(A) Municipal Officers in General.
124(1) (Ark.) Act providing that board of
improvement district shall appoint collector
therefor not repealed by later act.-Etna Cas-
ualty & Surety Co. v. City of North Little
Rock, 294.

173(1) (Ark.) On collector's defalcations fund from different accounts jointly divided pro rata.-Etna Casualty & Surety Co. v. City of North Little Rock, 294.

19(2) (Tex.Civ.App.) Charge held suffi-173(3) (Ark.) City collector held not to be ciently to submit case under pleadings and evi- "collector for improvement districts" as regards dence.-Lancaster v. Faskin, 754.

MONOPOLIES.

II. TRUSTS AND OTHER COMBINATIONS
IN RESTRAINT OF TRADE.

liability on official bond.-Etna Casualty & Surety Co. v. City of North Little Rock, 294.'

IX. PUBLIC IMPROVEMENTS. (E) Assessments for Benefits, and Special Taxes.

17(1) (Tex.Civ.App.) Contract to sell products of manufacturer in restricted territory for 406(1) (Tex.Civ.App.) City has only power stipulated portion of selling price held agency to assess as is expressly or impliedly granted contract, and not violative of Anti-Trust Act. in charter.-Texas Bitulithic Co. v. Dallas Con-McConnon & Co. v. Powell, 428. sol. Electric St. Ry. Co., 746.

17(1) (Tex.Civ.App.) Contract binding retailer to sell wholesaler's goods exclusively at prices fixed by him held void.-Dickerson v. Me Connon & Co., 1084.

17(2) (Tex.Civ.App.)

Contract between

412 (Tex.Civ.App.) City has authority to declare what kinds of work constitute part of local improvement for which local assessment can be made.-Texas Bitulithic Co. v. Dallas Consol. Electric St. Ry. Co., 746.

manufacturer and buyer of goods held monopo-417(1) (Tex.Civ.App.) Charter authorizing listic.-W. T. Rawleigh Co. v. Marshall, 153.

21 (Tex.Civ.App.) Evidence held sufficient to support findings of restrictions of business of buyer by manufacturer of goods.-W. T. Rawleigh Co. v. Marshall, 153.

21 (Tex.Civ.App.) Existence of monopolistic contract held for jury.-Dickerson v. McConnon & Co., 1084.

MORTGAGES.

See Chattel Mortgages.

III. CONSTRUCTION AND OPERATION. (D) Lien and Priority.

178 (Ky.) Tax provision held to give lien for taxes paid regardless of statute.-Morganfield Nat. Bank v. Union County Bank & Trust Co., 846.

VI. TRANSFER OF PROPERTY MORT-
GAGED OR OF EQUITY OF
REDEMPTION.

280 (3) (Tex.Civ.App.) Verbal promise to pay and assume mortgage is valid.-Holland v. W. C. Belcher Land Mortg. Co., 803.

street improvements, impliedly authorizes construction of storm sewers and drains and asDallas Consol. Electric St. Ry. Co., 746. sessment therefor.-Texas Bitulithic Co. v.

Charter provision for general assessment for sewers does not prohibit local assessment for sewers part of street improvement.-Id.

425 (3) (Tex.Civ.App.) Street railway liable to assessment for proportion of cost of storm sewer lying under track.-Texas Bitulithic Co. v. Dallas Consol. Electric St. Ry. Co., 746.

460 (Tex.Civ.App.) Cost of storm sewers and drains part of street paving, and properly included in local assessment.-Texas Bitulithic Co. v. Dallas Consol, Electric St. Ry. Co., 746.

(F) Enforcement of Assessments and Special Taxes.

551 (Ky.) Setting out proceedings in petition to enforce lien for improvements is unnecessary.-Bailey Const. Co. v. Cornett, 235.

Failure of resolution and ordinances filed with petition as exhibits to show adoption and publication does not invalidate petition.-Id. Agreement of assumption may be incorporat-552 (Ky.) After work is accepted, property ed in deed or be outside conveyance.-Id. owner must show defense to lien.-Bailey

292 (5) (Tex.Civ.App.) In action on note Const. Co. v. Cornett, 235. secured by mortgage, neither prior grantor nor subsequent grantee necessary parties.-Holland v. W. C. Belcher Land Mortg. Co., 803.

292(6) (Tex.Civ.App.) Petition sufficiently alleged defendant's promise to pay note.-Holland v. W. C. Belcher Land Mortg. Co., 803.

MUNICIPAL CORPORATIONS.
See Counties; Schools and School Districts;
Street Railroads.

AND DISSOLUTION.

XI. USE AND REGULATION OF PUBLIC
PLACES, PROPERTY, AND WORKS.
(A) Streets and Other Public Ways.
683(2) (Ky.) Constitution does not require
advertisement for bids before contracting with
reference to franchise.-Johnson County Gas
Co. v. Stafford, 515.

Increase of rates permitted by franchise is not "grant of franchise" within Constitution. -Id.

I. CREATION, ALTERATION, EXISTENCE, 706 (6) (Ky.) Evidence held to take issue of defendant's negligence in operating automo(A) Incorporation and Incidents of Ex-bile to jury.-Robson v. Zumstein Taxicab Co., 872.

istence.

12(3) (Mo.App.) Petition for incorporation 707 (Tex.Cr.App.) Evidence held insuffiof town as city of fourth class, not separately cient to support conviction for failure to render describing commons, or, if none, so stating, held aid.-Bitgert v. State, 1073.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

XII, TORTS.

(C) Defects or Obstructions in Streets and Other Public Ways.

762(1) (Tex.Com.App.) Liability of city for injuries in highways does not extend to consequences of extraordinary occurrences.-City of Dallas v. Maxwell, 667.

should not deprive injured party of remedy.Henderson v. St. Louis & S. F. Ry. Co., 987. 10 (Tex.Com.App.) Consequences which are to be anticipated.-City of Dallas v. Maxwell, 667.

II. PROXIMATE CAUSE OF INJURY.

763(1) (Tex.Com.App.) Ordinary care re-56(1) (Ky.) "Proximate cause" and "redefined.-Dunn v. Central State quired in construction and maintenance of high-mote cause' ways.-City of Dallas v. Maxwell, 667. Hospital, 216. 764(1) (Tex.Com.App.) Liability of city 59 (Tex.Com.App.) What is actionable may extend to injury from conditions not lo- negligence.-City of Dallas v. Maxwell, 667. cated in street itself.-City of Dallas v. Maxwell, 667.

III. CONTRIBUTORY NEGLIGENCE. (A) Persons Injured in General.

796 (Tex.Com.App.) City not negligent as to passenger in jitney for failure to erect bar-66(1) (Mo.App.) Knowledge of danger obrier.-City of Dallas v. Maxwell, 667. tainable from exercise of ordinary care is imputable to person.-Henderson v. St. Louis & S. F. Ry. Co., 987.

800(1) (Tex.Com.App.) Injury from loss of control of automobile within domain of unusual and extraordinary.-City of Dallas v. Maxwell, 667.

800 (5) (Tex. Com. App.) Negligence of driver of jitney no defense to action by passenger for injury.-City of Dallas v. Maxwell, 667.

(D) Defects or Obstructions in Sewers, Drains, and Water Courses.

843 (Ky.) City held not liable for damages from defective drain.-Huss v. City of Ludlow, 185.

XIII. FISCAL MANAGEMENT, PUBLIC
DEBT, SECURITIES, AND TAXA-

TION.

(D) Taxes and Other Revenue, and Application Thereof.

(C) Imputed Negligence.

93(2) (Ark.) Wife's negligence in driving husband's automobile imputable to him.-Wisconsin & Arkansas Lumber Co. v. Brady, 278.

95(1) (Ky.) Father's negligent failure to procure competent physician not imputable to child.-H. T. Whitson Lumber Co. v. Upchurch, 243.

(D) Comparative Negligence.

101 (Mo.) Contributory negligence of employee in interstate commerce may only be considered in mitigation of damages.-Laughlin v. Missouri Pac. R. Co., 949.

IV. ACTIONS.
(B) Evidence.

966(5) (Tex.Com.App.) Mortgage bonds deposited by insurance company with state treas-122(1) (Mo.App.) Every reasonable inurer taxable in city.-City of Waco v. Amicable Life Ins. Co., 332.

972 (2) (Tex.Civ.App.) Assessment at less than actual market value is valid when uniformly applied to all taxable property.-City of El Paso v. Howze, 99.

tendment to be drawn in favor of plaintiff in determining his contributory negligence as matter of law.-Henderson v. St. Louis & S. F. Ry. Co., 987.

(C) Trial, Judgment, and Review.

972(3) (Tex.Civ.App.) Valuation for taxa-136 (25) (Ky.) Proximate cause ordinarily tion is quasi judicial act requiring exercise of question for jury.-Dunn v. Central State Hosjudgment and discretion.-City of El Paso v.pital, 216. Howze, 99.

974(2) (Tex.Civ.App.) Increase in valuation without notice is invalid.-City of El Paso v. Howze, 99.

136 (25) (Ky.) Evidence held not to show defendant's negligence was proximate cause of plaintiff's injury from falling from ladder.Martin v. Louisville Gas & Electric Co., 868. Increase in valuations for taxation without 139(1) (Tex.Civ.App.) Where negligence notice and hearing by city council as board of equalization held invalid.-Id.

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must be alleged and proved and evidence is con-
flicting, court must define negligence and sub-
mit question to jury.-St. Louis Southwestern
Ry. Co. of Texas v. Cox, 1101.

NEGOTIABLE INSTRUMENTS.
See Bills and Notes.

NEW TRIAL.
See Criminal Law, 913-957.

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42 (2) (Tex.Com.App.) Jurors in personal injury case held to exhibit bias and prejudice, Rhoades v. El Paso & S. W. Ry. Co., 1064. depriving plaintiff of impartial trial by jury.

44(3)(Tex.Civ.App.) Jury's discussion of plaintiff's counsel fees held not to influence verdict.-Davis v. Christmas, 126.

52 (Tex.Civ.App.) Jury's determining that plaintiff could recover something before deciding special issues not indicative that special issues were not fairly answered.-Davis Christmas, 126.

(G) Surprise, Accident, Inadvertence, or Mistake.

V.

90 (Tex.Civ.App.) Refusal of new trial on

6 (Mo.App.) Want of knowledge of ordi- ground of surprise held not error.-Lancaster nance, requiring watchmen at railroad crossing, I v. Faskin, 754.

(H) Newly Discovered Evidence. 99 (Tex.Civ.App.) Refusal to grant new trial held not an abuse of discretion of trial court. Ferguson v. Jackson, 66.

Granting a new trial for newly discovered evidence is within discretion of trial court.-Id. 100 (Ky.) That witness testifying on the trial will now modify his testimony does not make evidence newly discovered.-Cooper v. Williamson, 245.

104(3)(Ky.) Alleged newly discovered evidence of matter gone into on the trial held cumulative.-Cooper v. Williamson, 245.

108(2) (Ky.) Evidence of transmission of title from one whose own title was not proved does not require new trial.-Cooper v. Williamson, 245.

When case went off on question of paper title, newly discovered evidence that successful party never had possession insufficient.-Id.

108(2) (Tex.Civ.App.) Newly discovered testimony held insufficient to authorize new trial. Two States Telephone Co. v. Hurley, 424.

III. PROCEEDINGS TO PROCURE NEW
TRIAL.

143(5) (Tex.Civ.App.) Verdict of jury cannot be impeached by ex parte affidavit of juror.-Jacobsen v. Van Syckel, 124.

167(1) (Ky.) Action for new trial is independent equity action, and tried as similar actions.-Cooper v. Williamson, 245.

NONSUIT.

See Dismissal and Nonsuit.

NOTES.

See Bills and Notes.

NOVATION.

PARENT AND CHILD.

See Guardian and Ward; Infants.

3(1) (Ky.) Father is not liable for necessaries furnished to emancipated child.-Simmons v. Stewart, 892.

Infant who works for wages or otherwise supports himself and pays his expenses with parent's consent is "emancipated."-Id.

5(3) (Ky.) Father is not entitled to wages of emancipated child.-Simmons v. Stewart, 892. 16 (Ky.) Child held emancipated.-Simmons v. Stewart, 892.

Infant too young to take care of himself cannot be emancipated.—Id.

PARTIES.

For parties on appeal and review of rulings as
to parties, see Appeal and Error.
For parties to particular proceedings or instru-
ments, see also the various specific topics.

III. NEW PARTIES AND CHANGE OF

PARTIES.

51(1) (Tex.Civ.App.) Statute providing for suit in county of either defendant permissive only.-H. W. Williams & Co. v. TurnerMyers Drug Co., 825.

51(4) (Ark.) Refusing to permit assignor of claim to be made party not error where cause of action barred by limitation.-National Fire Ins. Co. v. Pettit-Galloway Co., 262. 51(4) (Tex.Civ.App.) Defendant's right under alleged creditors' agreement not that of surety or contractee requiring appearance of creditors in defendant's county.-H. W. Williams & Co. v. Turner-Myers Drug Co., 825.

53 (Tex.Com.App.) Incumbent upon defendant to plead facts showing third party a partner who should be brought into suit.-Fowler Commission Co. v. Charles Land & Co., 314. V. DEFECTS, OBJECTIONS, AND

AMENDMENT.

5 (Tex.Civ.App.) Third party's assumption of debt by mutual assent of parties constitutes novation.-Continental Gin Co. v. Gardner, 92. 97(2) (Tex.Civ.App.) Joinder of mere nominal partner not necessary party to suit for brokerage.-South Dakota-Texas Oil Co. v. Hackworth, 813.

Creditor's agreement to accept third party as payor, and to discharge original debtor, sufficient to constitute novation.-Id.

testimony

12 (Tex.Civ.App.) Defendant's held sufficient to establish novation.-Continental Gin Co. v. Gardner, 92.

NUISANCE.

II. PUBLIC NUISANCES.

(C) Abatement and Injunction. 77 (Mo.) Equity courts have power to abate public nuisances although they may entail violation of criminal law.-State ex rel. Burns v. Shain, 591.

OBLIGATION OF CONTRACTS. See Constitutional Law, 143-166.

OFFICERS.

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14 (Tex.Civ.App.) Any cotenant may demand partition.-Caldwell v. Farrier, 425.

22 (Ky.) Interest in dower tract held released by deed to interest in estate except part conveyed by other heirs to grantor.-Gray v. Gray, 172.

(B) Proceedings and Relief.

43 (Tex.Civ.App.) "Cotenancy" used without regard to distinction between different forms of tenancy in statute as to venue of partition

See District and Prosecuting Attorneys; Judg suits.-Caldwell v. Farrier, 425. es; Sheriffs and Constables.

III. RIGHTS, POWERS, DUTIES, AND
LIABILITIES.

94 (Ky.) Additional duties may be imposed without additional compensation.-Board of Drainage Com'rs of McCracken County v. Alliston, 850.

PARDON.

4 (Ky.) Lawmaking body can confer on mayor power to pardon violators of ordinances. -Moore v. City of Newport, 837.

Power is not inherent in any department or officer.-Id.

Mayor cannot pardon violator of state law convicted in police court.-Id.

Venue lies in any county in which any defendant resides.-Id.

77(4) (Ky.) 183-acre farm held indivisible under evidence.-Gray v. Gray, 172.

PARTNERSHIP.

IV. RIGHTS AND LIABILITIES AS TO THIRD PERSONS. (A) Representation of Firm by Partner. 139 (Tex.Com.App.) Contracts joint and several.-Fowler Commission Co. v. Charles Land & Co., 314.

(B) Nature and Extent of Firm Liabilities. 165 (Tex.Civ.App.) Creditor held not estopped to hold partner for full amount of firm

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