APPENDIX I. CASES DISPOSED OF ON MOTION. Lottie T. Jackson v. George Anderson; Washington Circuit Court; J. S. Maples, Judge; appeal dismissed March 19, 1917, for non-compliance with rule nine; per curiam. J. D. Via v. A. J. Dorris; Mississippi Circuit Court, Osceola District; W. J. Driver, Judge; appeal dismissed March 19, 1917, for non-compliance with rule nine; per curiam. J. H. Dilday v. Town of Osceola; Mississippi Circuit Court; J. F. Gautney, Judge; motion for rule on clerk to file transcript overruled March 26, 1917, the transcript having been tendered out of time; per curiam. W. E. Templeton, W. E. Leyden and J. B. Strickland v. Joe Mama; Sebastian Circuit Court, Fort Smith District; Paul Little Judge,; appellee's motion to affirm superseded judgment overruled April 9, 1917, for want of jurisdiction, the time for appeal having expired; but the appeal was dismissed and ordered certified down for enforcement of the judgment and for action against the supersedeas bond if necessary; per curiam. E. S. Miller and Olive Budd Miller v. Effie U. Corley, Alice Stockton, Lottie Lee and Lena Miller; Benton Chancery Court; T. H. Humphreys, Chancellor; compromised and appeal dismissed April 30, 1917, on appellants' motion; per curiam. II. OPINIONS NOT REPORTED. Meadows v. State; appeal from Miller Circuit Court; George R. Haynie, Judge; affirmed March 12, 1917, per McCulloch, C. J. Hudgins v. Hence; appeal from Montgomery Chancery Court; J. P. Henderson, Chancellor; affirmed March 19, 1917, per Smith, J. Field v. Lucchesi; appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; affirmed March 19, 1917, per Humphreys, J. Chattanooga Roofing and Foundry Company v. Porter; appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; affirmed March 26, 1917, per Wood, J. A. L. Clark Lumber Company v. Pickett; appeal from Montgomery Circuit Court; Scott Wood, Judge; affirmed March 26, 1917, per Smith, J. Oliver v. Moseley; appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; reversed March 26, 1917, per Smith, J. Jones v. Little; appeal from Miller Chancery Court; James D. Shaver, Judge; reversed March 12, 1917, per McCulloch, C. J. Johnson v. Chicot Bank & Trust Company; appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; affirmed March 26, 1917, per McCulloch, C. J. Davis v. Dawson; appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; affirmed March 26, 1917, per Smith, J. Anthony v. Ring & Sons; appeal from Mississippi Chancery Court, Chickasawba District; Chas. D. Frierson, Chancellor; affirmed April 2, 1917, per Smith, J. Cooper v. Lyman; appeal from Lonoke Circuit Court; Thomas C. Trimble, Judge; affirmed April 2, 1917, per Wood, J. American Life Association of Campbell, Mo. v. Howard; appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; affirmed April 16, 1917, per Hart, J. Pope v. Wilson; appeal from Conway Chancery Court; Jordan Sellers, Chancellor; affirmed April 23, 1917, per Hart, J. White v. State; appeal from Woodruff Circuit Court, Southern District; J. M. Jackson, Judge; affirmed April 2, 1917, per Wood, J. Karr v. Bowen; appeal from Mississippi Circuit Court, Osceola District; J. N. Thompson, Special Judge; affirmed April 16, 1917, per Hart, J. Farmers Union Mercantile Company v. Pinkerton; appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; affirmed April 23, 1917, per Wood, J. INDEX. ACCIDENT INSURANCE: burden of proof under plea of suicide. Aetna Life Ins. Co. v. Taylor, presumption of suicide, when. Id. where deceased was found dead. Id. attorneys' fees. Id. waiver of proof of injury. Eminent Household, Etc., v. Gaunt, 626. ACCOMPLICE: definition. Spencer v. State, 452. ACTIONS: wrong forum; demurrer treated how. Ford v. Collison, 119. ACTUARIAL BUREAU: validity of rates fixed by. Nat'l Union Fire Ins. Co. v. Dickinson, ADMINISTRATION: appeal from order of probate court. Armstrong v. Lawson, Admr., 39. conveyance of land of deceased by administrator in pursuance of control of estates by probate courts. Id. statute of frauds cannot be plead, when. Id. conveyance by administrator, valid, when. Id. claim barred by statute of non-claim, when. Georgia State Savings sale where record title is not in deceased, purchaser is on notice. Zeigler v. Daniel, 403. suit for administrator, attorneys' fees. Carpenter v. Hazel, 416. ADVERSE POSSESSION: sufficiency of the proof. Greer v. Vaughan, 331. title may be acquired by, how. Briggs v. Moore, 390. APPEAL AND ERROR: practice where one side asks an instructed verdict, only. Webber v continuance account absent witness. Alexander v. State, 35. multiplication of instructions. Id. cannot instruct jury to draw inferences from facts in proof. Id. appeal from order of probate court. Armstrong v. Lawson, Admr., reversal of judgment where a lien has been declared. Arkansas practice were decree is reversed with directions. Id. trial court is without jurisdiction after final judgment and appeal sale of stock given as security, right to object. Id. cause will not be reversed for error, where the appellant suffered no remand of cause, tried upon erroneous theory in lower court. Selig effect of failure to plead defense in the answer. Co-Operative Stores oral amendment to instruction by trial court. Hale & Scott v. Lusk, practice where both parties request instructed verdict only. Miell- credibility of witness; weight of testimony. Triplett v. Wesson, 233. exceptions to instructions must be made how and when. Ark.- instruction on the preponderance of the testimony. Martin v. continuance for absent witness. Starnes v. State, 302. effect of failure to object to instructions. Id. testing the sufficiency of the evidence to support a verdict. Karr v. where bill of exceptions has been stricken from the record, judgment will be affirmed. Foster v. State, 316. bill of exceptions held to contain all the evidence, when. Simmons v. conflicting instructions constitute error, when. Id. conflict in testimony makes a case for the jury. Bodine v. Penn duty to object to incompetent evidence in lower court. Scott v. exceptions to the trial court's rulings must be brought into the bill of APPEAL AND ERROR-Continued. failure to instruct on vital issue. Spencer v. State, 452. general exceptions may be saved, how; practice. Huffman, Admr., v. Sudbury, Admr., 559. specific objections must be made, when. Id. effect of harmless error. Van Veneer Co. v. Jones, 594. objection to instruction; duty to ask correct instruction. Id. ARSON: negligent setting out of fire. Karr v. Bowen, 307. ATTACHMENTS: damages for improper attachment. Harrison v. Fulk, 229. remedy, where plaintiff's goods have been sold. Id. ATTORNEY AND CLIENT: agreement as to fees; settlement of claim by client behind attorney's back. St. L., I. M. & S. Ry. Co. v. Hays & Ward, 471. lien for fees. Id. right of client to settle claim. Id. lien on roadbed and equipment of railway. Id. extent of lien. Id. residence of plaintiff in divorce suit; competency of attorney as ATTORNEY'S FEES: action to collect on accident policy. Aetna Life Ins. Co. v. Taylor, by an administrator who has brought suit for the benefit of estate. lien for. St. L., I. M. & S. Ry. Co. v. Hays & Ward, 471. BILLS AND NOTES: failure of holder to sue maker promptly does not release surety. effect of payment to person other than holder. Manley Carriage Co. BROKERS: commissions for sale of lands. Harnwell v. Arnold, 10. revocation of authority of, to sell. Bodine v. Penn Lbr. Co., 347. |