« ForrigeFortsett »
Telegraphs and Telephones, $$ 34, 65; Trial, See Chattel Mortgages, & 138; Constitutional
88 89, 95, 136, 191, 219, 244; Usury, $$ 2
80, 115;' Vendor and Purchaser; Venue, & Law, $8 40–48; Contracts, $$ 153, 175;
21; Warehousemen; Waters and Water Deeds, 88 93, 97; Guaranty, § 36; Insur Courses, 183; Witnesses, 144; Work and ance, 88 146–17942.
I. REQUISITES AND VALIDITY. See Habeas Corpus, $ 92.
(A) Nature and Essentials in General.
$ 10 (Ky.) A want of mutuality in the terms I. ACTS OR CONDUCT CONSTITUT
of a contract is no defense in the case of an ING CONTEMPT OF COURT.
executed contract.–Victoria Limestone Co. v. § 10 (Tex.Cr.App.) The mere act of the coun- Hinton, 161 S. W. 1109. ty attorney in stating in the presence of the $10 (Tex.Civ.App.) A stipulation, in a concourt that he severed his connection with the veyance of trees on certain land, that the case held not to justify a fine for contempt.- agreed time for removing them may be extendEx parte Coffee, 161 S. W. 975.
ed as long as the buyer "may want” upon pay.
ment of a certain rental, is not unilateral.II. POWER TO PUNISH, AND PRO
Davis V. Conn, 161 S. W. 39. CEEDINGS THEREFOR. § 36 (Ark.) The mayor of an incorporated
(D) Consideration. city, under Kirby's Dig: $ 5586, merely giving 871 (Ark.) An agreement not to exercise a him the powers and jurisdiction of a justice of legal right is a sufficient consideration to supthe peace, has no power to punish for contempt port a contract.-Brinkley Car Works & Mfg. except that committed in the presence of the Co. v. Cook, 161 S. W. 1065. court or in disobedience of its process, under section 726, relating to all inferior courts in
(E) Validity of Assent. the absence of statute conferring more.-Ex $ 94 (Mo.App.) To warrant setting aside a parte Patterson, 161 S. W. 173.
written obligation on the ground of fraud there $ 44 (Tex.Cr. App.) It is essential to the pow. should be real fraud to excuse the signer from er to punish for contempt that the court have the failure to know the contents of the instrujurisdiction of the subject matter and the per- ment.-Avery Co. v. Powell, 161 S. W. 335. son and authority to render a judgment upon $ 96 (Ky.) A transfer of property by persons the facts.-Ex parte Coffee, 161 S. W. 975. mentally or physically infirm to those having
8 66 (Tex.Cr.App.) Appeal will not lie from custody of them will be set aside in equity, a judgment in proceedings in accordance with where influence has been acquired and abused, Code Cr. Proc. 1911, art. 528 et seq., fining one or confidence reposed and betrayed.-McDowell for contempt of court in refusing to obey a v. Edwards' Adm'r, 161 S. W. 534. subpæna.-Pegram v. State, 161 S. W. 458. $ 99 (Ky.) Evidence held to require a finding
that a transfer of all of decedent's property a CONTINUANCE.
few days before his death, to the husband of his
niece, in consideration of care, had been obtainSee Criminal Law, 88 594-600, 1052, 1151.
ed by undue influence, and was therefore void.§ 12 (Ky.) It was not error to overrule de McDowell v. Edwards' Adm'r, 161 S. W. 534. fendant's motion for a continuance for the sickness and absence of its chief counsel, where it (F) Legality of Object and of considerwas ably represented by two other attorneys.Louisville, H. & St. L. Ry. Co. v. Wilson's § 101 (Mo.App.) Where the parties intended Ex'x, 161'S. W. 513.
that a contract should be governed by the law § 33 (Ky.) Denial of a motion for continu- of a particular state, the rule that it will be ance for absence of a witness was not error, presumed that the contract was made with ref. when the affidavit was read as the witness' erence to the law which recognizes it as valid deposition and substantially the same facts does not obtain.-J. I. Case Threshing Mach. were proven by other witnesses. -Chesapeake & Co. v. Tomlin, 161 S. W. 286. 0. Ry. Co. v. Weddington's Adm'r, 161 S. W. SIIT (Mo.A pp.) Any agreement for divorce. 208.
or any collateral bargaining promotive of it, § 33 (Ky.) Under Civ. Code Prac. $ 315, the is void. -McDonald v. McDonald, 161 S. W. 850. trial court did not abuse its discretion in re
$ 117 (Tenn.) Provision of a contract of sale fusing a continuance, where the affidavit was of a stock of goods and store fixtures, that read as the deposition of the absent witness.- seller will not in that town for five years enLouisville, H. & St. L. Ry. Co. v. Wilson's Ex'x, gage in business in competition with the buy161 S. W. 513.
er, does not "tend to lessen free and full com
petition," in violation of Acts 1903, c. 140, $ 1. CONTRACTS.
-Baird v. Smith, 161 S. W. 492. See Alteration of Instruments; Appeal and surrounding the making of a contract indicated
8 142 (Mo.App.) Where the acts of parties Error, $ 173; Bills and Notes; Cancellation that they intended it to be governed by the of Instruments; Carriers, $$ 55, 194; Chat-law of Missouri and not of Kansas, and the tel Mortgages; Compromise and Settlement; testimony was not conflicting, the question was Constitutional Law, $$ 42, 115–129; Corpora- for the court.-J. I. Case Threshing Mach. Co. tions, $$ 309, 327, 482, 657, 659; Counties, ss
v. Tomlin, 161 S. W. 286. 113-127, 196; Covenants; Damages, 8862, 124; Deeds; Estoppel, § 107; Evidence, $$ II. CONSTRUCTION AND OPERA441, 448; Exchange of Property; Frauds,
TION. Statute of; Guaranty; Husband and Wife, § 25; Indemnity; Injunction, $ 59; Insur
(A) General Rules of Construction. ance; Interest; Justices of the Peace, § 91; $ 153 (Ky.) A construction of a written con. Landlord and Tenant, $ 223; Lotteries, Š 12; tract which will make it binding upon the parMaster and Servant, &$ 20–41; Mechanics' ties will be preferred to one making it not bind. Liens ; Money Lent; Monopolies, $ 12; ing:-First Nat. Bank v. Doherty, 161 S. W. Mortgages; Novation; Partition, 88 22, 114; 211. Partnership; Payment; Pledges; Principal $ 175 (Tex.Civ.App.) Evidence as to terms of and Agent; Principal and Surety; Reforma- a contract for construction of a dam across a tion of Instruments; Release ; Sales ; creek to form a fishpond, held sufficient to sus. Schools and School Districts, g 135; Specific tain a finding that it did not require the con: Performance; Stipulations; Subrogation; I tractor to build a foundation of such depth and
nature as to prevent the water escaping below tract as modified.-Goller v. Henseler Mercanit.-Lattimore v. Puckett & Wear, 161 S. W. tile Oil & Supply Co., 161 S. W. 584. 951.
8 346 (Tex.Civ.App.) Under allegations of (B) Parties.
fraud or mutual mistake in the execution of a § 187 (Ky.) A bank could sue on a contract, contract, evidence would be admissible to show made for its benefit by corporate officers, to that it did not express the real agreement of be jointly bound to the bank on the corpora- the parties and to show what the agreement in tion's obligation, even if it was a stranger to fact was.-Conn v. Rosamond, 161 S. W. 73. the consideration.-First Nat. Bank v. Doherty, 161 S. W. 211.
CONTRADICTION. 8 187 (Mo.App.) A bank may enforce a con- See Witnesses, 88 379-410. tract whereby third persons agreed to assume payment of a note defendants had executed in
CONTRIBUTORY NEGLIGENCE. its favor.-Citizens' Bank of Senath v. Douglass, 161 S. W. 601.
See Negligence, 88 85–101. (D) Place and Time.
CONVERSION. $216 (Ky.) When the time of service, under See Trover and Conversion. a contract for the hauling of stone by barge, was left indefinite, either party could terminate
§ 15 (Mo.) Under a will which bequeathed it at any time.- Victoria Limestone Co. v. Hin- $1,000 to each of testator's three children, and ton, 161 S. W. 1109.
provided that the personal property and cerIn an action upon a contract for the hauling tain farms be sold, and that after the three chil. of stone by barges to average three barge loads dren got their shares an equal share should go a week, indefinite as to time of service, but ex
to each living grandchild, etc., held that testaecuted from June 28 to November 4, 1912, when tor's intention was that the property be sold, plaintiff exercised his right to terminate it, and the bequest to the children paid and the agreement as to the average number held prop-residue.be equally divided among testator's erly construed as applying to the time for which grandchildren.-Griffith v. Witten, 161 S. W. the contract was executed, instead of for a
708. longer time.--Id.
If testator clearly intended that all of his es
tate be converted into cash and be distributed III. MODIFICATION AND MERGER.
under the will, equity will consider the real es
tate as money.-Id. $ 237 (Mo.App.) A new contract made in the place of an existing contract must be supported tor's realty into money continues until by the
819 (Mo.) The equitable conversion of testaby a consideration.-Goller v. Henseler Mer beneficiary's election there has been a reconvercantile Oil & Supply Co., 161 S. W. 584.
sion, which may take place at any time before 8 238 (Mo.App.) A written contract may be the actual conversion; the constructive or eqsubsequently modified by a new parol contract. uitable conversion taking place as of the date -Goller v. Henseler Mercantile Oil & Supply of the will or testator's death, and the actua! Co., 161 S. W. 584.
conversion taking place as of the date of the $ 245 (Mo.App.) All prior negotiations as to sale of the realty.-Griffith v. Witten, 161 S. W. the subject-matter are merged in a written con- 708. tract in absence of fraud, accident, or mis- $ 22 (Mo.) Where equity considers real estate take.-Goller v. Henseler Mercantile Oil & as money as authorized by the intent of testaSupply Co., 161 S. W. 584.
tor, the beneficiaries may elect to reconvert.
Griffith v. Witten, 161 S. W. 708. V. PERFORMANCE OR BREACH. While in case of adult beneficiaries there $ 323 (Tex.Civ.App.) In action for refusal to must be an election to reconvert the proceeds of permit plaintiff to perform contract, evidence land, directed to be sold and distributed unheld to make question for jury as to plaintiff's der the will, into realty, a court of eqạity may abandonment of the contract before defendant's make such election for infant beneficiaries if the cancellation thereof.-Waterman Lumber & case requires it for the infant's best interest.
-Id. Supply Co. v. Holmes, 161 S. W. 70.
CONVEYANCES. VI. ACTIONS FOR BREACH.
See Executors and Administrators, $ 397 ; 8328 (Tex.Civ.App.) In an action for ex.
Mortgages; Partition; Partnership, § 246; tracting turpentine on lands on which defend
Vendor and Purchaser. ants were not entitled to enter by their lease, the answer, alleging that the land leased con
COPY. tained less acreage than was represented, held See Appeal and Error, $ 586; Criminal Law, 8 to state a good defense.-Conn v. Rosamond,
403. 161 S. W. 73. $ 335 (Tex.Civ.App.) Petition, in an action by
CORPORATIONS. a materialman against the owner of a building See Abatement and Revival, § 22; Account on an order given by the contractor, held not fa- Stated, ss 12, 19; Banks and Banking; Cartally defective for failure to aver that the con- riers ; Certiorari, $ 64; Drains; Electricity tractor had obtained and furnished receipts for Judgment, ş 138; Limitation of Actions, s materials used in the construction of the build- 123; Malicious Prosecution, SS 58, 67; Muing so as to entitle him to the amount specified
nicipal Corporations, $ 586; Pleading, 88 35, in the order.-Sweetwater Lumber Co. v. Ham- 403; Railroads; Religious Societies; Street ner, 161 S. W. 1075.
Railroads; Taxation, Š 117; Telegraphs and $ 342 (Tex.Civ. App.) In an action for the Telephones; Waters and Water Courses, $ breach of a contract, defendant's allegation that 183. he intended that a deposit should be the extent of his liability, and that if the contract did I. INCORPORATION AND ORGANpot show that, it was a mistake of the parties,
IZATION. held not sufficient_as an allegation of mutual § 18 (Ky.) Both stockholders and officers of mistake.-Conn v. Rosamond, 161 S. W. 73. a corporation are chargeable with knowledge
$ 346 (Mo.App.) While the parties may modis of the provisions of the articles of incorporafy the terms of an existing written contract, tion which are a contract between the stockrecovery must be had upon the original con- holders and the corporation.-Croninger v.
For cases in Dec. Dig.
Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER
Bethel Grove Camp Ground Ass'n, 161 S. W. Croninger v. Bethel Grove Camp Ground Ass'a, 230.
161 S. W. 230.
$ 313 (Ark.) A director of a corporation, also IV. CAPITAL, STOCK, AND DIVI
employed by it on a salary to purchase rice for DENDS.
it, was bound to deal with it in the utmost good (D) Transfer of Shares.
faith, and to buy rice for it and not for himself. § 116 (Mo.App.). Where defendants gave notes Loewer v. Lonoke Rice Milling Co., 161 S. for stock in a mining corporation without ex
W. 1042. acting any warranty in connection therewith $ 314 (Ark.) A person employed by a corporaand with knowledge of the property which the tion to buy rice for it could not act for it in the corporation owned, together with the incum- sale of rice owned by him.-Loewer v. Lonoke brances thereon, the fact that the property was Rice Milling Co., 161 s. W. 1042. not as valuable as expected and did not turn A person employed by a corporation to buy out to be profitable did not show a failure of rice and who purchased a crop of rice for it consideration for the notes.-Hill v. Dillon, 161 could not resell it to the corporation at a profit S. W. 881.
unless it repudiated his purchase and affirm§ 121 (M0.App.) In an action on a note given atively consented to treat it as a purchase by for the price of certain mining stock, evidence of him personally.-Id. a third person tending to show that he had been defrauded by false representations of one con
(D) Liability for Corporate Debts and
Acts. nected with the payee of the note in a similar transaction held inadmissible.-Ilill v. Dillon, $ 327 (Ky.) An agreement by corporate offi161 S. W. 881.
cers of a corporation, in consideration of loans
already made and to be made by a bank to the V. MEMBERS AND STOCKHOLDERS. corporation, to be jointly bound on all obliga(D) Liability for Corporate Debts and
tions of the corporation indorsed by them is Acts.
valid if the bank in fact granted renewal notes $ 279 (Ark.) A court of equity is the appro- First Nat. Bank v. Doherty, 161 S. W. 211.
or accepted new notes on the faith thereof.priate forum to enforce the right of a stockholder who has paid his subscription against an indorsement to be made upon the instrument
Under Negotiable Instruments Act, requiring one who has not paid, where the corporation bas ceased to perform its functions.–Bank of signed by corporate officers agreeing, in con
or an attached paper, a separate instrument Des Arc v. Moody, 161 S. W. 134.
sideration of loans made to the corporation by VI. OFFICERS AN AGENTS.
a bank, to be jointly bound to the bank on
the corporation's obligations did not make the (C) Rights, Duties, and Liabilities as to signers liable merely as indorsers.-Id. Corporation and Its Members.
8 361 (Ky.) In an action on an instrument $ 308 (Ark.) Where employé was to have one- signed by corporate officers, evidence held to half of profits on sales up to the date of his con- show that it was executed for plaintiff's benetract, held, that he was entitled to the amount fit, and not merely as a memorandum of a pri. shown to be due by a statement prepared by the vate agreement among themselves.-First Nat. employer's bookkeeper, where there was no tes- Bank v. Doherty, 161 S. W. 211. timony showing that this was not the correct amount of his profits up to that date.-Loewer
VII. CORPORATE POWERS AND v. Lonoke Rice Milling Co., 161 S. W. 1042.
LIABILITIES. Person employed to buy rice and render other assistance from July 1st to April 1st, who dis (A) Extent and Exercise of Powers in charged his duties as buyer during the buying
General, season, and who was not thereafter asked to
8 391 (Ky.) Power to grant a franchise to a render other assistance, held entitled to his sal- corporation carries with it the power to imary for the full time, though he entered the em
pose such reasonable regulations as will efployment of a third person.-Id.
fectuate the purposes for which it is granted.A person employed to buy rice and render oth- Christian-Todd Telephone Co. v.
Commoner assistance, who by his contract was to re-wealth, 161 S. W. 543. ceive 25 per cent. of the net profits on seed rice, was only entitled to such percentage of the (B) Representation of Corporation by 0fprofits on seed rice sold by him, and not on seed
ficers and Agents. rice sold by the employer through other em
$ 413 (Ky.) Where a contract with a corpo. ployés.-Id.
ration provided that one advancing money to it $ 308 (Mo.App.) One who though called should be repaid "out of the first surplus retreasurer, and secretary and treasurer, of a maining from the earnings, after provisions for corporation, was neither a director nor stock-current expenses and interest on bonded debt." holder, but' merely a hired employé, held enti- such creditor was only entitled to repayment tled to recover the reasonable value of his from any surplus remaining from the earnings services, rendered with the knowledge and con
and could not enforce his claim against any sent of the company's officers, and directors, other fund.-Croninger v. Bethel Grove Camp notwithstanding a resolution that no salary | Ground Ass'n, 161 S. W. 230. should be paid.--St. Louis Sanitary Co. v. Reed, 161 S. W. 315.
8 432 (Ark.) In action by corporation against $ 309 (Ky:) Contract between a director and person formerly employed to buy rice, eridence a corporation held ultra vires.-Croninger_v.
held to show that corporation's manager, who Bethel Grove Camp Ground Ass'n, 161 S. w. purchased defendant's interest in a crop of rice
at a higher price than that paid for the other 230.
A corporation cannot retain the benefits of interest therein, was authorized to make the an ultra vires contract and also refuse to per- | 161 S. W. 1042.
purchase.-Loewer v. Lonoke Rice Milling Co., form, but the rule is not applicable to the case of a director, who, knowing that the company
(D) Contracts and indebtedness. is indebted up to the legal limit, advances money to it, agreeing to repayment only out of $ 482 (Ky.) Application of surplus after the surplus earnings.-Id.
sale of corporate property under a mortgage to $ 310 (Ky.) A corporation director is a trus- payment of a general claim against the corpotee for the stockholders, and he is responsi- ration held violative of provision of the artible for failure to conduct the corporate busi- cles of incorporation exempting property of ness according to the rules relating to such stockholders on corporate debts.-Croninger v. trust and is liable to the stockholders for loss Bethel Grove Camp Ground Ass'n, 161 Š. W. resulting from failure to perform his duties.- | 230.
(F) Civil Actions.
ed.-S. B. Reese Lumber Co. v. Licking Coal & $514 (Mo.App.) In an action by a supposed Lumber Co., 161 S. W. 1124. corporation, Rev. St. 1909, § 1985, declaring
8 691 (Tenn.) Chancery will not, at the inthat it shall not be necessary to prove the fact stance of resident stockholders, dissolve a forof incorporation, unless put in issue by af eign corporation domesticated in the state, fidavit filed with the pleadings, does not make where all of its assets are in a foreign jurisdicthe affidavit part of the answer, so as to render tion, regardless of its authority to act, for its deunnecessary a denial of corporate existence in cree would be unenforceable.-Adams v. Chatthe answer.-Iroquois Mfg. Co. v. Annan-Burg tanooga Co., 161 S. W. 1131. Milling Co., 161 S. W. 320.
Shannon's Code, $8 5187, 6103, 6104, refer$ 518 (Mo.App.) In an action by a corporate ring to the distribution of a corporation's propplaintiff, where there was no issue as to its erty, apply not only to domestic but to foreign incorporation, evidence tending to show that it corporations, and authorize the court to dissolve
them as to their property within the jurisdiction. was not incorporated is inadmissible.-Iroquois
-Id. Mfg. Co. v. Annan-Burg Milling Co., 161 S.
A foreign corporation cannot be dissolved unW. 320.
der Shannon's Code, $ 5187, where it was not 8519 (Ark.) Evidence held to show that a insolvent, and was authorized by its foreign crop of rice on which person employed by cor. charter to carry on the business of holding stocks poration to buy rice claimed a profit, as against of other companies, and is so doing.-Id. the corporation, was purchased for it and that it did not repudiate the purchase.-Loewer v. Lonoke Rice Milling Co., 161 S. W. 1042.
See Appeal and Error, $8 301, 1028; Executors XII. FOREIGN CORPORATIONS. and Administrators, $ 456; Injunction, $
188; Justices of the Peace, $ 158; Partition, 8 634 (Tenn.) A foreign corporation domes
§ 114. ticated under Acts 1877, c. 31, Acts 1891, c. 122, and Acts 1895, c. 81, is not a new entity, L. NATURE, GROUNDS, AND EXTENT distinct from the foreign organization, and is
OF RIGHT IN GENERAL. domestic only as to property and acts within the jurisdiction. -Adams v. Chattanooga Co., 161 § 32 (Mo.App.) Under Rev. St. 1909, 88 2263, S. W. 1131.
2275, held that plaintiff prevailing in a suit $ 642 (Tenn.) Engaging in booking theatrical | join defendant from selling the land in ques
to cancel a note and deed of trust, and to encompanies with theaters in the state as agent tion, was entitled to costs.-Bridwell v. Spenfor the owners held "doing business" within the
cer, 161 S. W. 874. state, within Acts 1877, c. 31, Acts 1891, c. 122, and Acts 1895, c. 81.-Interstate Amuse
$ 60 (Ark.) In a suit between a crop mortment Co. v. Albert, 161 S. W. 488.
gagee and the lessor, who had a lien on the A foreign corporation is "doing business" | crop for his rent, held, that costs were impropwithin the state when it transacts therein some erly assessed solely against the lessor, who substantial part of its ordinary business, and claimed more than was due; it not appearing its operations within the state do not consist that the mortgagee tendered him rent.-Storthz of mere casual or occasional transactions.-Id. v. Smith, 161 S. W. 183.
8 645 (Ky.) Ky. St. 8 571, requiring all cor- $71 (Ky.) Under the direct provisions of Civ. porations doing business in the state to show, Code Prac. $ 93, a defendant who fails
to demur by statement filed with the Secretary of State, to a petition which does not state a cause of aca regular place of business and the name of an
tion is liable for all costs after the filing of agent to receive service of process, held intend the answer, though judgment on the pleadings ed as a police regulation for the protection of was directed in its favor after the close of the the people of the state, who have a right to case.-Farnsley's Adm'r V. Philadelphia Life know whether parties with whom they deal are
Ins, Co., 161 S. W. 1111. individuals or corporations.-Oliver Co. v. Louisville Realty Co., 161 S. W. 570.
COTENANCY. $ 657 (Ky.) Under Ky. St. § 571, requiring corporations doing business in the state to have See Tenancy in Common. a known place of business and an agent to receive service of process, and requiring a state
COUNCIL. ment thereof to be filed with the Secretary, of See Municipal Corporations, g 110. State, and making noncompliance therewith a misdemeanor, but not in terms declaring contracts made in violation thereof to be illegal,
COUNTERCLAIM. held that a contract in violation thereof was See Set-Off and Counterclaim. void.-Oliver Co. v. Louisville Realty Co., 161 S. W. 570. 8 659 (Ky.) One contracting with a corpora
COUNTIES. tion which had violated Ky. St. § 571, held See Eminent Domain, $ 317; Estoppel, $ 35; not estopped from setting up such violation Highways; Telegraphs and Telephones, § 10. thereof in defense to an action on the contract. -Oliver Co. v. Louisville Realty Co., 161 S. W. II. GOVERNMENT AND OFFICERS. 570.
(B) County Seat. § 661 (Tenn.) A foreign corporation, which does not comply with Acts 1877, c. 31, Acts 1891, $ 34 (Ark.) The county court has exclusive c. 122, and Acts 1895, c. 81, cannot maintain original jurisdiction to determine the result of an action arising out of business transacted an election on the question of the removal of a within the state, even though the illegality of county seat.-Schuman v. George, 161 S. W. such transactions only appears from the proof,
1039. and not from the pleading.-Interstate Amuse
(D) Officers and Agents. ment Co. v. Albert, 161 S. W. 488.
$ 64 (Tenn.) Under Const. art. 2, $ 25, making 3 668 (Ky.) Under Ky. St. § 571, relating to a defaulting collector or bolder of public monthe appointment of process agents by foreign eys ineligible to oflice, and Shannon's Code, 8 corporations, service of process on the agent 1069, declaring the election of defaulters to the whose name was filed with the Secretary of treasury void, held, that defendant's disqualifiState is good as against the foreign corpora- cation by reason of default existing at the time tion, even though the agency had been terminat-1 of a popular election operated as a disqualifi
For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER
cation for the entire term of office, so that, after the default was settled, the county court could not elect him for the remnant of the term.-Day v. Sharp, 161 S. W. 994.
II. ESTABLISHMENT, ORGANIZA-
III. PROPERTY, CONTRACTS, AND 878 (Tex. Civ.App.) When a rule prescribed LIABILITIES.
by the Supreme Court conflicts with the statute, (B) Contracts.
the rule must yield.-Conn v. Rosamond, 161 S.
W. 73. $ 113 (Ky.) The fiscal court has only limited
8 85 (Tex.Civ.App.) Under Sayles' Ann. Cir. jurisdiction, and can do only such things as the Sť. 1897, art. 947, authorizing the Supreme statute permits.-Taylor v. Riney, 161 S. W. Court to make and enforce rules, court rules 203. Ky. St. § 1840, giving the fiscal court juris effect of statutes.-Childress v. Robinson, 161
adopted by that tribunal have the force and diction "to regulate and control the fiscal af
S. W. 78. fairs and property of the county,” authorized it to contract for the employment of an accountant for the purpose of investigating the
(D) Rules of Decision, Adjudications,
Opinions, and Records. affairs of county officers.-Id. $116 (Ky.) If the fiscal court could employ
8 89 (Ky.) Unless there is something mani. an accountant for investigating the affairs of festly erroneous, or the rule of decision has county officers, they could, in their discretion, I been changed by statute, the court will, under accept the proposal of the particular bidder the doctrine of stare decisis, follow 'earlier for the work who, in their judgment, was best precedents:-McCormack v. Louisville & N. R. qualified, though his bid was higher than that Co., 161 S. W. 518. of others.-Taylor v. Riney, 161 S. W. 203.
$ 89 (Ky.) Rule of stare decisis in relation $ 127 (Ark.) Notwithstanding Const. art. 19, ing more than the application of the doctrine
to its effect upon private affairs held to be noth$ 16, and the statutes requiring public contracts of estoppel to court decisions.-Oliver Co. v. to be let to the lowest bidder, commissioner held Louisville Realty Co., 161 S. W. 570. to have power, in the absence of bad faith, to In view of Ky. St. & 571, requiring & corpora. authorize changes in a contract for the construction doing business in the state to have a known tion of an annex to a courthouse which in the place of business and an agent to receive sert: course of the work appeared necessary.-Shack- ice of process, and making a violation thereof leford v. Campbell, 161 S. W. 1019.
a misdemeanor, held that a corporation, know
ingly and in bad faith en ing into a IV. FISCAL MANAGEMENT, PUBLIC tract in violation thereof, could not rely on the DEBT, SECURITIES, AND
doctrine of former decisions that the other party TAXATION.
to the contract could not defend on the ground
of its violation of the statute.-Id. 8160 (Ky.) Though there was no tax levy for that purpose, the fiscal court could order the erately declared, it ought not to be disturbed
8 90 (Ky.) When a rule has once been delibamount of a contract made by it for services unless by a court of appeal or review, and never to be paid out of the general fund of the coun- by the same court, except for very cogent reaty, which presumably consists of the surplus sons and upon a clear manifestation of error.-remaining from funds appropriated for other Oliver Co. v. Louisville Realty Co., 161 S. W. purposes.-Taylor v. Riney, 161 S. W. 203.
570. $ 190_(Mo.) Laws 1911, p. 130, § 8, as amend The rule of stare decisis does not positively ed by Laws 1913, p. 143. et seq., creating the forbid the questioning of prior decisions under tuberculosis hospital district of B. county, and any circumstances, but where the uture public providing for a tax equal to 25 cents on the benefit is of greater moment than any former $1.00 valuation, held violative of Const. art. erroneous decision, or where a correction can 10, § 11, limiting the tax rate for county pur- be made without working more harm than good, poses, and was invalid.-Board of Com’rs of it may be the duty of the court to overrule its Tuberculosis Hospital Dist. of Buchanan Coun- own previous decision.-Id. ty v. Peter, 161 S. W. 1155.
$ 95 (Tex.Civ.App.) While all courts may § 196 (Ark.) In a taxpayers' suit to restrain change their decisions, the court, in determinperformance of a contract for erection of court- ing the law of a foreign state, must presume house annex, evidence as to fraud or good faith that an authoritative announcement of the law in authorizing modifications in the contract held will not be changed. --Stamp v. Eastern Ry. Co. to support chancellor's finding for defendants. of New Mexico., 161 S. W. 450. -Shackleford v. Campbell, 161 S. W. 1019. 896 (Tex.Civ.App.) The binding effect of de
cisions of the Supreme Court upon the terriCOUNTS.
tory of New Mexico was not changed by act of
Congress of March 3, 1911, providing that the See Indictment and Information, $ 130.
amount in controversy, upon which the right to appeal to the federal Supreme Court depend
ed, should be ascertained under oath; that beCOURTS.
ing a mere matter of pleading and procedure.See Appeal and Error, $$ 742, 743, 748, 767, S. W. 450.
Stamp v. Eastern Ry. Co. of New Mexico, 161 773, 894; Constitutional Law, $$ 70,_75; Contempt;. Counties, &$ 34, 113, 116; Emi
$100 (Ky.) Where cases holding that one connent Domain, 172; Executors' and Admin tracting with a corporation which had not comistrators, $ 519; Ferries, $ 31; Highways, ss plied with Ky. St. & 571, requiring it to have 99, 118, 165; "Jury, $ '24 ; Justices of the a known place of business and an agent to rePeace; Telegraphs and Telephones, 26; ceive service of process in this state, was esTrial, $$ 191, 194, 349, 370, 397.
topped from defending on the ground of the
corporation's noncompliance therewith were not I. NATURE, EXTENT, AND EXERCISE which a similar action arose, the corporation
overruled until after the transaction out of OF JURISDICTION IN GENERAL.
was not deprived of its right to rely on the doc8:36 (Mo.) The presumptions in favor of the trine of stare decisis.-Oliver Co. v. Louisville action of the probate court over matters with Realty Co., 161 S. W. 570. in its jurisdiction are the same as arise in $ 106 (Ky.) Where the opinion of the lower case of courts of general jurisdiction.--Norton court is contained in the record, the appellate v. Reed, 161 S. W. 842.
court may, without impropriety, adopt it as