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constitutional.-Citizens' State Bank of Tren- f and not so as to defeat it.-Mitchell y, German ton v. Shanklin, 161 S. W. 341.

Commercial Accident Co., 161 S. W. 362. Where defendant was not notified, his mere Where the language employed in a policy is presence in court at a subsequent proceeding in the least doubtful, it is to be more strictly wherein he was declared sane is not a judicial construed against the insurer, and in such a admission of the validity of the first inquisi- way as to protect the insured.-Id. tion; it appearing that the second was not in $ 146 (Mo.App.) In case of ambiguity, a constituted by him.-Id.

tract of insurance should be construed most $ 26 (Mo.App.) A proceeding without notice is strongly against the insurer.–Century Realty subject to collateral attack.-Citizens' State Co. v. Frankfort Marine Accident & Plate Glass Bank of Trenton v. Shanklin, 161 S. W. 341. Ins. Co., 161 S. W. 624, 631; Same v. Travel

ers' Ins. Co., Id. 630. IV. CUSTODY AND SUPPORT.

$ 146 (Tex.Civ.App.) Insured is ordinarily $ 54 (Mo.App.) An unauthorized person, act bound by the terms of the policy, whether he ing as guardian for a lunatic, is not entitled reads it or not.-Indiana & O. Live Stock Ins. to credits for any expenditures except for Co. v. Keiningham, 161 S. W.384. necessaries for the insane person or his family. Every doubt must be resolved against the com-Citizens' State Bank of Trenton v. Shanklin, pany in case of inconsistent provisions in an in161 S. W. 341.

surance policy.--Id. One appointed as guardian of a defendant in $ 151 (Tex.Civ.App.) Where a live stock pola void inquisition as to his sanity is not enti- icy made the application a part of it, the applitled to a credit for moneys furnished defend- cation would control if the policy provided that ant's adult son to enable him to move to Cali- the horse should be insured only while it remainfornia, it not appearing how the sums furnish- ed in a certain county and the application did ed could be considered necessaries.--Id.

not so limit the liability.-Indiana & 0. Live Nor is, he entitled to credits for sums furnish- Stock Ins. Co. v. Keiningham, 161 S. W. 384. ed defendant's adult daughter to defray neces $ 1791/2 (Mo.App.) An express promise being sary expenses during her last illness.-Id.

made by the insured to repay a loan and redeem V. PROPERTY AND CONVEYANCES. ed a personal obligation on the insured, and,

the policy pledged therefor, the contract creat$ 65 (Mo.App.) Where the guardian of de- though the pledge was void, the personal obligafendant, appointed in an inquisition wherein tion remained.-Gillen v. New York Life Ins. Co., he was held insane, expended money to keep | 161 S. W. 667. up life policies previously taken out by defendant, the guardian is entitled to a credit for VIII. CANCELLATION, SURRENDER, such expenditures even though his appoint ABANDONMENT, OR RESCISment was void.-Citizens' State Bank of Tren

SION OF POLICY. ton v. Shanklin, 161 S. W. 341. $ 66 (Tex.Civ.App.) Plaintiff was not entitled

$ 239 (Mo.App.) Under Rev. St. 1899, § 7900, to a return of the consideration as a condition providing for the surrender of life policies for to the canceling of certain deeds executed by an adequate consideration, the insured could, aftan insane person in the absence of proof that

er default in premiums, surrender the policy on he had the money at the time of his death or cancellation of a personal indebtedness.-Gillen that it had been used to purchase necessaries

v. New York Life Ins. Co., 161 S. W. 667. or been invested by or for him for the benefit $ 240 (Mo.App.) A pledge of a life policy by of his estate and was still on hand.-Brown v. the insured to the company to secure a loan Brenner, 161 S. W. 14.

held not a surrender of the policy, under Rev.

St. 1899, $ 7900.-Gillen v. New York Life Ins. INSOLVENCY.

Co., 161 S. W. 667.

$ 241 (Mo.App.) The insured could consent to See Bankruptcy; Limitation of Actions, § 49;

a surrender of the policy and the application of Principal and Surety, $ 163.

its proceeds to the payment of his loan, either

directly or by way of estoppel.--Gillen v. New INSPECTION.

York Life Ins. Co., 161 S. W. 667.
See Appeal and Error, & 659; Carriers, & 290 ;
Municipal Corporations, 88 591, 611.

X. FORFEITURE OF POLICY FOR

BREACH OF PROMISSORY WARINSTRUCTIONS.

RANTY, COVENANT, OR CONDI

TION SUBSEQUENT.
To jury, see Criminal Law, $$ 75512-830;
Trial, $8 136, 191–296.

(E) Nonpayment of Premiums or AssessINSURANCE.

§ 367 (Mo.App.) Under Rev. St. 1899, $ 7897,

providing for purchase of extended insurance, a See Abatement and Revival, $ 39: Esecutors loan contract by which the insured agreed that and Administrators, $$ 57, 423, 434 : Fraudu. the net reserve should be applied to the payment lent Conveyances, 39: Insane l'ersons, $ of the loan held void.--Gillen v. New York Life 65; Judgment, $ 569 : Libel and Slander, Ins. Co., 161 S. W. 667. 80; Licenses, $ 7; Master and Servant, $ Where the insured was not sufliciently in340.

forined of his rights, his failure to reply to a V. THE CONTRACT IN GENERAL.

notice from the company and protest against the

application of the proceeds of the net reserve (A) Nature, Requisites, and Validity. of his policy to the satisfaction of a personal in$ 145 (Tex.Civ.App.) Where live stock insur-debitedness created by a loan was not an acquiance policies did not provide that the policy escence by estoppel to such action by the comwas in force only while the horse was in a cer- pany.-Id. tain town, and insured requested a similar renewal policy, insured could assume that the pol XII. RISKS AND CAUSES OF LOSS. iey issued did not contain a provision so limit

(E) Accident and Health Insurance. ing the company's liability.-Indiana & 0. Live Stock Ins. Co. v. Keiningham, 161 S. W. 381. $ 452 (Mo.App.) Accident policy held not to

cover the death of one killed while attempting (B) Construction and Operation. to board a street car, but who had not be$ 146 (Mo.App.) Language of a policy is to come a passenger.-Mitchell v. German Combe construed so as to effectuate the insurance. I mercial Accident Co., 161 S. W. 362.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

ments.

XVIII. ACTIONS ON POLICIES. it learned of insured's death on the day after § 646 (Ky.) The presumption that death by paying dues in arrears, but instead, requestdrowning was accidental, and not suicidal, aris- ing the appointment of an administrator for es only after evidence of the circumstances sur insured, knowing that she had no other proprounding the death compatible either with the erty, could be considered in determining wheththeory of accidental death, or with suicide, and taining her premiums prior to her death, as

er it had knowledge of her illness while recannot be based on mere proof of drowning: well as on the question of waiver of the forFarnsley's Adm'r v. Philadelphia Life Ins. Co., 161 S. W. 1111.

feiture after her death.-Id. 8 666 (Mo.App.) Though an indemnity policy waived where a benefit association, with koowl

A forfeiture for nonpayment of premiums is fixed $5,000 as the limit for any one injured, the edge of the cause of forfeiture, causes plaininsurer, being entitled to conduct the defense and tiff to incur additional expense in furnishing bound to pay the costs and expenses thereof, held bound to defray the interest accrued on a

proof.-Id.

By accepting and retaining back premiums judgment pending appeal in accordance with with knowledge of insured's ill health when Rev. St. 1909, $ 7181, though the judgment was they were paid, a mutual benefit association for $5,000.-Century Realty Co. v. Frankfort waived a forfeiture for nonpayment.-Id. Marine Accident & Plate Glass Ins. Co., 161 S. W. 624, 631; Same v. Traveler's Ins. Co., Id. know that its agent had accepted back premi

Though a mutual benefit association did not 630.

ums after the time within which they could 8 668 (Ky.) Where the defense was cancellation be paid, or while insured was in bad health, it by notice accepted by the insured's agent, and ratified the agent's act by retaining them after there was no evidence that the agent had any learning that she was in bad health when the authority other than to procure the policy, a per- agent received them, so as to waive the foremptory instruction was properly given for feiture as of the time the agent accepted the plaintiffs.-Dixie Fire Ins. Co. v. A. Layne & premiums.-Id. Bro., 161 S. W. 530.

$ 756 (Mo.App.) Under the by-laws held that XX. MUTUAL BENEFIT INSURANCE.

a suspension did not become effective, even

though the member was notified of his default. (B) The Contract in General.

until the council declared him to be suspended. $ 723 (Tex.Civ.App.) False statements that -Bange v. Supreme Council Legion of Honor one had never had dysentery or any disease of of Missouri, 161 S. W. 652. the genital organs or undergone a surgical op To sustain a forfeiture for nonpayment of eration are material to the risk, within Acts contributions, it must appear that the notice of 31st Leg. (1st Extra Sess.) c. 36.-Supreme suspension was received by the member in time Ruling of Fraternal Mystic Circle v. Hansen, for him to have acted upon it, where it was not 161 S. W. 54.

delivered to his regular address.-Id.

For the notice of suspension to conclude a for(D) Forfeiture or Suspension.

feiture, it must be an official one.--Id. 8 745 (Tex.Civ.App.) Acts 31st Leg. (1st Ex The question of the regular address of a memtra Sess.), c. 36, declaring untrue statements ber of an insurance order is not identical with in an application for membership in a frater that of domicile, which depends on intention, the nal beneficiary association shall not prevent re-expression "regular address” merely referring to covery on the benefit certificate unless shown the place where the member would be likely to be material, does not govern a certificate on to get his mail.-Id. a member reinstated before the act took ef For acquiescence in an illegal suspension to fect.-Supreme Ruling of Fraternal Mystic bind the beneficiary, it need not appear that the Circle v. Hansen, 161 S. W. 54.

member had official notice of his suspension.

-Id. $ 751 (Mo.App.) Where the by-laws required notice of contributions called to be mailed to 8 757 (Mo.App.) Where a member acquiesced the member at his regular address, the maíling in a suspension, his beneficiary is bound by of such notice was a condition precedent to the such acquiescence, even though the suspension right of the association to declare a forfeiture of was not legal.-Bange v. Supreme Council Leg. death benefits.- Bange v. Supreme Council Le-ion of Honor of Missouri, 161 S. W. 652. gion of Honor of Missouri, 161 S. W. 652. Parties to an insurance contract may agree instatement in a fraternal mutual benefit as

$ 761 (Tex.Civ.App.) An application for rethat the mailing of notices for contributions sociation held a warranty that the member shall constitute notice to the member.-Id.

had had none of the diseases mentioned in the $ 755 (Mo.App.) Waiver of · forfeiture of a original application after the certificate was benefit certificate for nonpayment of dues by issued.-Supreme Ruling of Fraternal Mystic the acceptance of a premium is not based on Circle v. Hansen, 161 $. W. 54. contract or actual intention, but on estoppel In the absence of a statute limiting the effect to insist on conditions inconsistent with the of a breach of warranty, on which one is reacceptance or rejection of the premium.-Keys instated to membership in a fraternal mutual v. National Council, Knights & Ladies of Se- benefit association which has issued a benefit curity, 161 S. W. 345.

certificate on his life, that he has not had cerA forfeiture of a benefit certificate once tain diseases, the breach works a forfeiture waived cannot afterwards be revived.-Id.

of the contract.-Id. As between the association and a beneficiary, the rule that actual knowledge of the cause of

(F) Actions for Benefits. forfeiture must be shown to work a waiver will not be applied, if it should have known of $ 818 (Mo.App.) In an action on a certificate the facts by proper attention to its business. defended on the ground of forfeiture for non--Id.

payment of premiums, evidence of the retenA waiver of a forfeiture of a mutual benefit tion of back premiums paid after actual nocertificate may be inferred when the association, tice of insured's ill health when paying them after knowledge of the cause of forfeiture, re was admissible upon the association's intenquires insured under the policy to do some act tion in originally receiving the premiums.-or incur some expense.--Id.

Keys v. National Council, Knights & Ladies of Knowledge of the local financial officer of a Security, 161 S. W. 345. mutual benefit association that insured

In an action on a certificate defended on the more than 60 days in arrears when she was ground of forfeiture by nonpayment of back zeinstated charged the association with such premiums until insured was ill, evidence that knowledge.--Id.

insured's neighbors knew that she was sick The conduct of a mutual benefit association was not admissible to show that the comin not unequivocally declaring a forfeiture when I pany had actual knowledge of her sickness.-Id.

was

V.

$ 819 (Mo.App.) Slight evidence showing an 8.169 (Tex.Cr.App.) Person who in procuring intention to waive a forfeiture of a mutual whisky acted merely as agent of purchaser held benefit certificate for nonpayment of premiums not guilty of selling it.-Cowley v. State, 161 S. will prevent a forfeiture.- Keys v. National W. 471. Council, Knights & Ladies of Security, 161 S. W. 345.

VIII. CRIMINAL PROSECUTIONS. In an action on a certificate defended on the

§ 224 (Mo.App.) Under Rev. St. 1909, 88 7227, ground of forfeiture by nonpayment of premi- 7228, every keeping for another of intoxicating ums until after sickness, evidence that the liquors in a local option county is prima facie association retained back premiums after no- unlawful and when admitted places the burden tice of insured's ill health when she paid them of explanation upon the accused.--State v. Galwas admissible, as showing a waiver of for-liton, 161 S. W. 848. feiture by ratifying the act of the association's agent in theretofore accepting back premiums for pursuing the

occupation of selling intoxicat

$ 230 (Tex.Cr.App.) The prosecution being without a health certificate, so as to show that ing liquors, testimony that defendant at various insured could rely on such a course.-Id.

other times, after selling to witness, solicited $ 819 (Mo.App.) Evidence held to make out a him to make purchases is admissible.—Miller v. prima facie case, casting on the defendant the State, 161 S. W. 128. burden of establishing its defense.-Bange v. Evidence of whisky and alcohol being freSupreme Council of Legion of Honor of Mis-quently shipped and delivered to defendant is souri, 161 S. W. 652.

admissible, on a prosecution for pursuing the $ 825 (Mo. App.) The question whether a fra- business of selling intoxicating liquors.--Id. ternal benefit association has followed a course

8 233 (Tex.Cr.App.) On trial for selling intox. of conduct as might waive a forfeiture of a icating liquors, evidence as to receipt by accused certificate for nonpayment of dues is usually of liquor about and prior to the alleged sale held for the jury.-Keys Knights & Ladies of Security, 161 S. W. 345. competent.-Cowley y: State, 161 s. w. 471.

Where accused testified that he procured whisIn an action on a mutual benefit certificate, ky from D, at request of prosecuting witness, exdefended on the ground of forfeiture by non, clusion of testimony that accused inquired for payment of premiums for three months, and D., was directed to him, started in that direcoffering to pay such arrears while ill, whether tion, and immediately thereafter delivered to the the association, by accepting such dues and re- prosecuting witness a half pint of whisky held questing the appointment of an administrator, erroneous.-Id. waived the forfeiture held a jury question.-Id. Evidence held to make it a jury question keeping for another intoxicating liquors, in vio

$ 236 (Mo.App.) Evidence in a prosecution for whether the forfeiture was waived by failing to lation of local option law (Rev. St. 1909, $ unequivocally declare a forfeiture on learning 7227), held to sustain a conviction.-State v. that the premiums were paid while insured was Galliton, 161 S. W. 848. sick.-Id.

8 239 (Tex.Cr.App.) The charge on prosecu$ 825 (Mo.App.) The question of the insured's tion for pursuing the occupation of selling inregular address held for the jury.–Bange v. Su-toxicating liquors held not to authorize a conpreme Council Legion of Honor of Missouri, viction merely for making two sales.-Miller 161 S. W. 632.

v. State, 161 S. W. 128. INTENT.

INTOXICATION. See Deeds, § 93; Homicide, 88 156, 286; Mortgages, $ 32; Wills, 88 104, 440-488. See Criminal Law, $ 53; Homicide, $ 294. INTEREST.

INVITED ERROR. See Appeal and Error, $ 1068; Malicious Pros- See Appeal and Error, $ 882. ecution, $ 67; Usury.

JOHNSON GRASS.
II. RATE.

See Agriculture, $ 8.
$31 (Tex.Civ.App.) Where an obligation pro-
riding for the return of money did not stipulate

JOINDER. any rate of interest, the obligee can recover only the legal rate of 6 per cent.-Willett v.

See Indictment and Information, $$ 124, 130; Herrin, 161 S. W. 26.

Parties, $ 14.
INTERMEDIATE COURTS.

JOINT TENANCY.

See Tenancy in Common.
See Appeal and Error, $ 1092.

JUDGES.
INTERPLEADER.

See Criminal Law, 88 634, 656; Exceptions, Bill See Attachment, $ 302; Garnishment, $ 217.

of, g 51; Justices of the Peace; Venue, 8 72. INTOXICATING LIQUORS.

JUDGMENT.

See Appeal and Error; Constitutional Law, 8 III. LOCAL OPTION.

312; Divorce, § 167; Equity, $$ 418, 430 ; $ 36 Tex.Cr.App.) Under Rev. Civ. St. 1911, Execution; Justices of the Peace, $$ 147art. 5728, objection to notice of local option 162, 189; Larceny, $$ 55, 65; Libel and election must be made by contest and cannot be Slander, $ 156; Limitation of Actions, $ 105 ; made on prosecution for selling intoxicating Partition, $ 63; Pleading, 88 345, 403-433; liquors in prohibition territory.-Miller v. State, Principal and Surety, 8 163; Process, $ 142; 161 S. W. 128.

Prostitution, SS 1, 4; Railroads, & 348; Rob

bery, & 24; Seduction, § 46; Trespass to Try VI. OFFENSES.

Title, $ 6; Trial, $ 397. § 146 (Tex.Cr.App.) Person who, on behalf

I. NATURE AND ESSENTIALS IN of himself and others, contributing part of the

GENERAL. purchase price, bought whisky which they then drank, held not guilty of selling whisky.--Mc- $ 17 (Tex.Civ.App.) A judgment awarding exLain v. State, 161 S. W. 117.

ecution as on a personal judgment is unauthor

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (8) NUMBER

ized in an action against a nonresident com VII. ENTRY, RECORD, AND DOCKmenced by substituted service and attachment.

ETING. - Baker v. Hahn, 161 S. W. 443. Under district court rules 13 and 14 (142 S. notice, this recital only refers to the facts ap

8 289 (Mo.) Where a judgment recites valid W. xviii), an original petition after amendment pearing in the judgment roll, when such facts is no longer part of the pleadings, and hence, are so preserved; and the recitals contained in an action against a non resident begun by in the roll may be used to overthrow those in attachment, the service upon the nonresident the judgment.-Norton v. Reed, 161 S. W. 842. of the original petition, after amendment, will not support a judgment.-Id.

XI. COLLATERAL ATTACK.

(B) Grounds. IV. BY DEFAULT.

$ 490 (Mo.) In a suit to quiet title as against (B) Opening or Setting Aside Default. a tax deed, plaintiffs held not entitled to ques$ 138 (Ky.) The failure of an agent, appoint- tion the sufficiency of a notice by publication ed by a foreign corporation to receive service of, on non resident owners on the ground that the process, to inform the corporation of the serv order of publication was not spread of record ice of a writ, is not an unavoidable casualty by the clerk.-Davidson v. Laclede Land & or misfortune within the meaning of Civ. Code Iinprovement Co., 161 S. W. 686. Prac. $ 518, subsec. 7.--S. B. Reese Lumber Co. v. Licking Coal & Lumber Co., 161 S. W. 1124. XIII. MERGER AND BAR OF CAUSES judgment against a foreign corporation will

OF ACTION AND DEFENSES. not be vacated because service was made on one (A) Judgments Operative as Bar. who, though not actually its agent to receive

$ 569 (Ky.) A judgment on the pleadings in service, was so designated in the statement an action on an accident policy, in favor of defiled with the Secretary of State.--Id.

fendant for plaintiff's failure to allege that the

death was accidental, is in effect a dismissal VI. ON TRIAL OF ISSUES.

for failure to state a cause of action and is (A) Rendition, Form, and Requisites in

not a bar to a future action.-Farnsley's Adm'r General.

v. Philadelphia Life Ins. Co., 101 S. W. 1111. 8 199 (Tex.Civ.App.) Judgment non obstante (B) Causes of Action and Defenses Mergveredicto is permissible only when there is un

ed, Barred, or Concluded. disputed evidence, outside of the facts found by

$ 622 (Mo. App.) Where a defendant urged a the jury, on which a verdict should have been set-off the judgment is an adjudication of the directed.-Mixon v. Wallis, 161 S. W. 907.

right to set-off, and that matter cannot be urged

in a subsequent action on the judgment.-Mal(B) Parties.

lory v. Patterson, 161 S. W. 306. $ 237 (Mo.) In ejectment, where the land sued for is held in separate possession by different XIV. CONCLUSIVENESS OF ADJUDI. defendants, the plaintiff may be compelled to

CATION. eleet against which he may proceed, but where

(B) Persons Concluded. such election is not required, judgnient may be rendered against each defendant.-Norton

$ 693 (Tex.Civ. App.) Where defendants in a

V. Reed, 161 S. W. 842.

previous action of trespass to try title recovered

a judgment against plaintiff's husband, the then (C) Conformity to Process, Pleadings,

owner of the land, that judgment was conclusive Proofs, and Verdict or Findings.

as to the question whether the land constituted

plaintiff's homestead.-Childress v. Robinson, $ 251 (Ark.) Plaintiffs held not entitled to a 161 S. W. 78. decree against a bank for an amount which had

$ 693 (Tex.Civ.App.) A judgment for plaintiff, been deposited to their credit and their right to which had not been disputed.; their action be conclusive on the rights of the wife, where the

in trespass to try title against a husband, is ing to recover a larger amount from the depositors.-Bank of Des Arc v. Moody, 161 s. w. property was community property: - Treadwell 134.

v. Walker County Lumber Co., 161 S. W. 397. $ 251 (Mo.) Where the pleadings in a suit to

$ 707 (Ark.) A decree of the chancery court, reform a deed of trust and to quiet title, under

in a suit instituted by courthouse commissionRev. St. 1909, $ 2535, did not raise any issue public, that such dedication was a mistake, and

ers against the dedicator of certain land to the as between defendants, a decree which not only that the owner intended to convey it to the granted the relief demanded by plaintiff but which purported to settle the rights of defend-aside such dedication, held not to affect the

county for courthouse purposes and setting ants as between themselves was erroneous be rights of the public or of any one not a party (ause beyond the issues.-Wolz v. Venard, 161

to the suit.-Schuman v. George, 161 S. W. S. W. 700.

1039. Cross-actions as between codefendants must

(C) Matters Concluded. be germane to plaintiff's bill and in the nature of a defense to give the court jurisdic-judgment was recovered for his fraud in obtain

$713 (Mo.App.) Defendant, against whom a tion to found a decree thereon.-Id. $ 251 (Tex.Civ.App.). In an action to foreclose for a greater amount than was agreed upon,

ing plaintiff's signature to a mortgage and notes vendor's lien notes, where the plea of intervencannot, in a subsequent action on the judgment, tion filed by the purchaser of the maker's interest set up as a partial defense his possession of one was stricken, the court could not in its judg- of the mortgage notes, where that defense was ment determine the rights of the intervener to

not urged.--Mallory v. Patterson, 161 S. W. 306. the surplus, if any, after foreclosure; such determination having no support in the pleadings. all matters which were or might have been set

A judgment of revivor is res adjudicata as to -Brown v. Bay City Bank & Trust Co., 161 S. up in the proceedings to revive, and hence a deW. 23.

fense raised in a proceeding to revive a judg. $ 252 (Tex.Civ.App.) If defendant prays for ment cannot be raised in a subsequent action on relief and shows himself entitled thereto by the the judgment revived.-Id. evidence, the court may grant it notwithstand 8713 (Tex.Civ.App.) Judgment against plaining the pleadings of the plaintiff do not request tifi on his note to the amount of $76 held conit.-Gutheridge v. Gutheridge, 101 S. W. 892. clusive as against his right to recover for dam

$ 253 (Mo.App.) A judgment in excess of the ages to that extent on the ground of fraud in amount claimed is improper, and will be re obtaining the note, as such claim could have versed.-Weller v. Missouri Lumber & Mining been interposed.—Edwards v. Dennington, 161 Co., 161 S. W. 853.

S. W. 929.

an

$ 715 (Ky.) Judgment reversing judgment for I have determined his guilt.-Ex parte Marshall, shipper in railroad's action for undercharges of 161 S. W. 112. freight and holding that the road was entitled to recover held a bar to the shipper's subsequent IV. SUMMONING, ATTENDANCE, DISsuit to recover the amount paid on the ground

CHARGE, AND COMPENthat the road had fraudulently furnished him the

SATION. lower rate intending to exact the lawful higher

$75 (Ark.) It is within the discretion of the rate.-Allen v. Louisville & N. R. Co., 161 S. W. trial court to excuse a juror on account of sick203.

ness.-Bruder v. State, 161 S. W. 1067. $715 (Mo.App.) In an action on a judgment, defenses set up and adjudicated in an action in V. COMPETENCY OF JURORS, CHALaid of the judgment are res adjudicata, and can

LENGES, AND OBJECTIONS. not be again urged.-Mallory v. Patterson, 161

$ 99 (Tex.Cr.App.) A juror in a trial for bigS. W. 306.

amy, who, before the trial, had said that in such

case he would convict the defendant, held incomXVII. FOREIGN JUDGMENTS.

petent by reason of his fixed and expressed opin$ 822 (Mo.App.) A judgment against an ion of defendant's guilt.--Harris v. State, 161 cillary administrator furnishes no cause of ac- S. W. 125. tion, and is not even evidence, against the $ 107 (Tex.Cr. Arp.) Where the state depended domiciliary executor or administrator.-First on circumstantial evidence, the court properly Vat. Bank of Corning, Ark., v. Dowdy, 161 S. sustained a challenge to jurors who had conW. S59.

scientious scruples against inflicting the death Where judgment was recovered against an penalty upon such evidence.-Borders v. State, ancillary administrator, the refusal of the court 161 S. w. 483. having charge of the domiciliary administration to permit the enforcement of the judgment

JUSTICES OF THE PEACE. against the estate was not a violation of the full faith and credit clause of the United States See Appeal and Error, $ 1092. Constitution.-Id.

III. CIVIL JURISDICTION AND AUXIX. SUSPENSION, ENFORCEMENT,

THORITY.
AND REVIVAL.

$36 (Tex.Civ.App.) An action for $137 rent $ 866 (Mo.) Under Rev. St. 1909, 88 2125- due from defendant, as plaintiff's tenant, is 2132, providing for the revival of judgments, a

within the jurisdiction of the justice court; the judgment can be revived only in the court ren- rule estopping a tenant from disputing the title of dering it, notwithstanding section 2535, au

his landlord rendering the question of title imthorizing suits to determine interest in real es

material.--Standley v. Currey, 161 S. W. 416. tate and quiet title thereto.-Wolz v. Venard, $ 44 Tex.Civ.App.) Where the petition stated 161 S. W. 760.

a cause of action for the recovery of $200 deliv

ered to defendant under an agreement that he XXI. ACTIONS ON JUDGMENTS. should repay on demand, the jurisdiction of the

justice court is not ousted by the general a ver(A) Domestic Judgments.

ment of $500 for the defendant's refusal to pay. $910 (Ky.). Where surety paid a judgment, - Willett v. Herrin, 161 S. W. 26. but his principal made no new promise to him. $ 44 (Tex.Civ.App.) Suit to cancel a note for and made no payment during the period of $65 secured by a chattel mortgage on property limitations, the judgment is barred vy the lapse valued at more than $200 with plea of a forof 20 years; it appearing that no execution mer judgment on the note for $76 and a reply was issued during that time.-Davis v. Strange, seeking damages in the amount of such judg. 161 S. W. 217.

ment held a suit for damages to the amount of

the judgment, within the original jurisdiction XXII. PLEADING AND EVIDENCE OF of the justice's court.-Edwards v. Dennington, JUDGMENT AS ESTOPPEL OR 161 S. W. 929. DEFENSE.

$ 45 (Tex.Civ. App.) Where defendant set up a $948 (Mo.App.) The conclusiveness of a prior counterclaim alleging several amounts, the total adjudication must ordinarily be pleaded. - Iro- of which exceeded $200, the counterelaim was quois Mfg. Co. ". Annan-Burg Milling Co., 161 beyond the jurisdiction of the justice, even S. W. 320.

though defendant prayed for a recovery of only

$200.--Willett v. Herrin, 161 S. W. 26. JUDICIAL NOTICE.

IV. PROCEDURE IN CIVIL CASES. See Evidence, 88 5–35.

$90 (Tex.Civ.App.) Pleadings are JUDICIAL SALES.

tial to make an issue in the justice court as in

a court of record.-Young Men's Christian Ass'n See Execution, 88 272, 275.

of Dallas v. Schow Bros., 161 S. W. 931.

$91 (Mo.App.) Statement of account filed in JURISDICTION.

justice's court held sufficiently definite and

specific.-Rundelman v. John O'Brien Boiler See Contempt, $$ 36, 44; Counties, 88 34, 113; Works Co., 161 S. W. 609. Courts; Criminal Law, § 1020 ; Eminent A very liberal rule prevails with respect to Domain, $ 172; Executors and Administra- statements filed before justices of the peace.-Id. tors, $ 519; Justices of the Peace, $$ 36- $91 (Mo. App.) A statement against a rail45, 91, 100, 141; Telegraphs and Telephones, road company for killing of animal on its track, $ 26.

alleging that the company by its employés negJURY.

ligently ran its train against the animal, and

that by ordinary care the accident could have See Appeal and Error, $ 170;. Criminal Law, been avoided, suiticiently stated a cause

of action. $8 755 12-830, 857-866, 1086; Highways, 8 -Martin v. Butler County R. Co., 161 S. W. 41; Trial, 88 136–296, 370.

631. II. RIGHT TO TRIAL BY JURY.

$91 (Tex.Civ.App.) A petition held to state a

cause of action on contract, and the claim, being $ 24 (Tex.Cr. App.) Constitutional right of tri- for interest eo nomine and not as damages, does al by jury does not entitle the accused to have not oust the justice of jurisdiction.--Willett v. the punishment assessed by the jury after they! Herrin, 161 S. W. 26.

as

essen

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

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