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48 (Ky.) The courts will not declare an act unconstitutional unless it is plainly so, and, in case of doubt, will resolve the doubt in favor of its validity.-Dwiggins Wire Fence Co. v. Patterson, 179 S. W. 224.

III. DISTRIBUTION OF GOVERN-
MENTAL POWERS AND
FUNCTIONS.

(A) Legislative Powers and Delegation
Thereof.

207 (Tex.Cr.App.) An ordinance regulating the use of jitneys held not class legislation in violation of Const. U. S. Amend. 14, though it did not apply to the street car system and other automobiles or vehicles carrying passengers for hire. Ex parte Bogle, 179 S. W. 1193.

208 (Tenn.) Acts 1915, c. 60, regulating. jitneys as common carriers, is not violative of constitutional rights, as creating an arbitrary classification between jitneys and privately owned automobiles.-City of Memphis v. State, 179 S. W. 631.

60 (Ark.) Whether a statute is invalid as delegating legislative authority depends upon Acts 1915, c. 60, is not violative of the Conwhether the power to make the law is delegat-stitution, as making an arbitrary classification ed or whether authority as to its execution is between jitney busses and street railway cars, delegated.-Nall v. Kelley, 179 S. W. 486. since the jitney runs upon no track, and is less substantial and more dangerous than the street car.-Id.

63 (Ark.) A special statute creating a road improvement district giving the improvement board power to appoint a board of assessment held not invalid as constituting a delegation of legislative authority.-Nall v. Kelley, 179 S.

W. 486.

63 (Tex.Civ.App.) An ordinance of a city attempting to except bawdyhouses from the operation of a general statute is void, since the Legislature cannot delegate its power to except a class from the operation of a general statute.-Coman v. Baker, 179 S. W. 937.

Act 1915, c. 60, is not violative of the Constitution, in making an arbitrary classification of operation being so different as to afford a between jitneys and taxicabs; the conditions valid basis for classification of either.-Id. Under the constitutional provisions prohibiting class legislation, it is not sufficient, to invalidate a statute, merely to show points of similarity in the thing classified and thing excluded; but it must be shown that the classification is unreasonable and impracticable.-Id.

(B) Judicial Powers and Functions. 68 (Tenn.) Whether nonresident merchants should be allowed to compete for local trade by employing solicitors without paying a merchant's license fee is a political question for the Legislature, with which the courts have no con-208 (Tex. Civ.App.) The Legislature cern.-Lowenthal v. Underdown, 179 S. W. 129. V. PERSONAL, CIVIL, AND POLITI

208 (Tex.Cr.App.) An ordinance regulating the use of jitneys held not class legislation, in violation of Const. art. 1, § 3, though it did not apply to the street car system and other automobiles or vehicles carrying passengers for hire.-Ex parte Bogle, 179 S. W. 1193.

CAL RIGHTS.

83 (Mo.App.) A judgment for alimony is a debt barring imprisonment for nonpayment thereof.-Francis v. Francis, 179 S. W. 975.

may

classify persons or subjects for taxation or regulation which right includes the right to exempt; the test being whether it operates equally and uniformly upon all persons in the class.-Booth v. City of Dallas, 179 S. W. 301.

X. EQUAL PROTECTION OF LAWS.

83 (Tenn.) The issuance of a writ of ne211 exeat under Shannon's Code, §8 6246, against a nonresident, held not an imprisonment for debt, contrary to Const. art. 1, § 18.-Caughron v. Stinespring, 179 S. W. 152.

211 (Tenn.) Under Const. U. S. Amend. 14, and Const. Tenn. art. 1, § 8, and article 11, § 8, the same rules will be applied to classifications as to the classifications made in legislative enactments, so that the basis for a classification must be natural, and not arbitrary or capricious.-City of Memphis v. State, 179 S. W. 631.

87 (Ky.) The state has power to regulate the acquisition, enjoyment, and disposition of property and to prevent fraud, and police regulations are not invalid because they may incidentally affect a constitutional right.-Dwig-229 (Ky.) Ky. St. §§ 4226, 4230a, imposing gins Wire Fence Co. v. Patterson, 179 S. W. a tax on premiums collected by life companies 224. and authorizing the collection of the tax after such a company has voluntarily ceased to do business in the state, are not in violation of the fourteenth amendment to the federal Constitution.-Washington Life Ins. Co. v. Commonwealth, 179 S. W. 591.

The Sales in Bulk Act §§ 1-4, enacted to prevent fraudulent sales and to protect a merchant's creditors, is not invalid as an unreasonable interference with the right of property. Id.

88 (Tex.Civ.App.) Provision of ordinance requiring licensed motor bus to run at least six hours a day, and making it unlawful to operate it on any route not designated by its license certificate, held not in derogation of the right to pursue any lawful occupation.-Booth v. City of Dallas, 179 S. W. 301.

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IX. PRIVILEGES OR IMMUNITIES, AND CLASS LEGISLATION. 206 (Ky.) Ky. St. §§ 4226, 4230a, imposing a tax on premiums collected by life companies, and authorizing the collection of the tax after such a company has voluntarily ceased to do business in the state, are not in violation of the fourteenth amendment to the federal Constitution. Washington Life Ins. Co. v. Common

240 (Ky.) The Bulk Sales Act, §§ 1-4, applying only to merchants, held not discriminatory within the fourteenth amendment to the federal Constitution or any provision of the Kentucky Constitution.-Dwiggins Wire Fence Co. v. Patterson, 179 S. W. 224.

240 (Ky.) Ky. St. §§ 3915-3921, prohibiting combines or pools to regulate or fix prices of any kind of commodity, held not unconstitutional as being discriminatory.-Gay v. Brent, 179 S. W. 1051.

241 (Tenn.) Acts 1915, c. 60, regulating jitneys as common carriers, is not violative of constitutional rights, as creating an arbitrary classification between jitneys and privately owned automobiles.-City of Memphis v. State, 179 S. W. 631.

Acts 1915, c. 60, is not violative of the Constitution, as making an arbitrary classification between jitney busses and street railway cars, since the jitney runs upon no track, and is less substantial and more dangerous than the street car.-Id.

Acts 1915, c. 60, is not violative of the Constitution, in making an arbitrary classification

operation being so different as to afford a valid basis for classification of either.-Id.

XI. DUE PROCESS OF LAW.

283 (Ky.) Ky. St. §§ 4226, 4230a, imposing a tax on premiums collected by life companies, and authorizing the collection of the tax after such a company has voluntarily ceased to do business in the state, are not in violation of the fourteenth amendment to the federal Constitution.-Washington Life Ins. Co. v. Commonwealth, 179 S. W. 591.

290 (Ky.) Ky. St. § 3643, providing for local assessments for street improvements, held not to deprive one of property without due process of law.-Vogt v. City of Oakdale, 179 S.

W. 1037.

296 (Ky.) Ky. St. § 3941a, authorizing combination to pool crops of wheat and tobacco held void, as violating the fourteenth amendment of the federal Constitution, notwithstanding it is construed in connection with Const. § 198, and Ky. St. §§ 3915-3921.-Gay v. Brent, 179 S. W. 1051.

CONSTRUCTION.

See Contracts, 147, 169; Deeds, 100,
101, 143; Indemnity, 6; Insurance,
146;
Pleading, 34; Statutes,
241; Trial, 296, 343, 365; Wills,
439-692.

CONSTRUCTIVE TRUSTS.

See Trusts, 110.

CONTEMPT.

ute of; Guaranty; Husband and Wife,
87; Indemnity; Infants, 57, 58; Insur-
ance, 74; Joint Adventures; Landlord
and Tenant; Limitation of Actions, 46;
Mechanics' Liens; Money Received; Mort-
gages; Municipal Corporations, 226-247,
352-366, 446; Novation; Partnership; Pat-
ents, 211; Payment; Reformation of In-
struments; Sales: Subscriptions; United
States, 74; Usury; Vendor and Pur-
chaser.

I. REQUISITES AND VALIDITY.
(A) Nature and Essentials in General.

10 (Ark.) A contract providing that one party shall pay purchase money for real estate as it matures by the terms of the contract, and that the other party shall execute deeds for the land at a rate stipulated in the contract, is not void for want of mutuality.-Federal Realty Co. v. Evins, 179 S. W. 344.

executed by

10 (Tex.Civ.App.) Warranty seller without knowledge and consent of buyers held to have no binding effect.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

(E) Validity of Assent. 181-94 (Tex.Civ.App.) Defendant's statement to plaintiff upon assignment of contract held merely the expression of an opinion on a question of law upon which plaintiff did not rely, and plaintiff could not rescind his contract with defendant.-Kinchen v. Austin, 179 S. W. 924.

(F) Legality of Object and of Consideration.

See Attorney and Client, 49; Habeas Cor-108 (Ky.) An advertising popularity conpus, 85.

II. POWER TO PUNISH, AND PRO

CEEDINGS THEREFOR.

test, based on deceitful methods in counting votes, making nominations, etc., is fraudulent, and a contract based thereon is against public policy.-American Mfg. Co. v. Crittenden Record-Press, 179 S. W. 456.

52 (Ark.) An attorney's contempt in attempting to deceive the court by a false waiv-116 (Ky.) Executory contract to suppress er of service, being one committed within the presence of the court, the written charge made upon the record, of which the attorney was notified and given an opportunity to answer, is sufficient.-Dickerson v. State, 179 S. W. 324.

CONTEST.

See Elections, 269-299.

CONTINUANCE.

See Criminal Law, 589-608, 1151.

26 (Tex.Civ.App.) Denial of continuance held not error, where no diligence to procure the absent witnesses was shown, though the adverse party did not comply, until the case was called for trial, with an order requiring a bond for costs.-Etheridge v. Campbell, 179 S. W. 1144.

30 (Tex.Civ.App.) Where defendants in a foreclosure suit were not surprised or misled by a trial amendment correcting a misdescription of the note as to date and amount, it was not error to refuse to permit them to withdraw their announcement of ready for trial and grant a continuance.-Memphis Cotton Oil Co. v. Gist, 179 S. W. 1090.

CONTRACTS.

competition in the purchase and sale of bluegrass seed, held unenforceable as being in restraint of trade, unaffected by Const. § 198, or Ky. St. §§ 3915-3921.-Gay v. Brent, 179 S. W. 1051.

128 (Tex.Civ.App.) An agreement by a creditor who had charged the debtor with crime to receive the amount of the debt and stop prosecution would be illegal and void.Western Union Telegraph Co. v. Smith, 179 S. W. 548.

II. CONSTRUCTION AND OPERA

TION.

(A) General Rules of Construction.

147 (Mo.App.) A contract must be construed as a whole, regarding its general tenure and purpose, and giving rational effect, if possible, to all of its provisions.-Watkins v. Donnell, 179 S. W. 980.

169 (Mo.App.) A contract is to be read in the light of the surrounding circumstances, in order, if necessary, to more perfectly reach the understanding and intention of the parties.-Lemaire v. Strassberger Conservatories of Music Co., 179 S. W. 959.

V. PERFORMANCE OR BREACH.

278 (Ark.) Where defendant entered into See Adoption; Alteration of Instruments; As- contract with plaintiff imposing obligations upsignments; Bailment: Bills and Notes: on plaintiff and conferring certain rights, he Boundaries, 46; Breach of Marriage Prom cannot insist upon the enforcement of his rights ise; Cancellation of Instruments; Chattel without performing his obligations.-Federal Mortgages; Compromise and Settlement: Con- Realty Co. v. Evins, 179 S. W. 344. tribution; Corporations, 447-482, 657; 303 (Ark.) Provision in a contract reviving Counties, 114; Covenants; Customs and a previous contract, and providing that the Usages; Damages, 23, 175; Deeds; Evi- bondsmen thereunder shall be sufficient without dence, 397-462; Fixtures; Frauds, Stat- the furnishing of any new or additional bond,

II. CORPORATE EXISTENCE AND

FRANCHISE.

held to justify refusal of defendant to perform upon withdrawal of plaintiff's bondsmen.-J. R. Watkins Medical Co. v. Haynes, 179 S. W. 349.34 (Ky.) Person executing obligation to cor317 (Mo.App.) Forfeitures are not favored, poration held not entitled to deny corporate and are to be avoided, rather than created by existence.-Yellow Chief Coal Co.'s Trustee v. construction.-Stout v. Missouri Fidelity & Cas- Johnson, 179 S. W. 599; Same v. Preston, Id. ualty Co., 179 S. W. 993. 602.

319 (Mo.App.) Correspondence school which failed to furnish defendant instruction papers in a course of electrical engineering, as contracted, could not recover payment for the course. -International Text-Book Co. v. Schwickrath, 179 S. W. 723.

VI. ACTIONS FOR BREACH.

IV. CAPITAL, STOCK, AND DIVI-
DENDS.

(C) Issue of Certificates.

95 (Ky.) A provision on the face of a certificate of preferred stock that it bore interest at the rate of 7 per cent. did not require its construction as a certificate of indebtedness rather than of stock.-Smith v. Southern Foundry Co., 179 S. W. 205.

(D) Transfer of Shares.

328 (Mo.App.) In action for damages for breach of written contract concerning the assets and business management of a corporation, entitling plaintiff to purchase defendant's interest, defendant, after breach, could not de- 143 (Tex.Civ.App.) The transfer of the capfend on the ground that plaintiff would not ital stock of a railroad does not operate ipso have found a purchaser.-Powell v. Batchelor, facto as a transfer of the physical properties 179 S. W. 751. thereof. Continental Trust Co. v. Brown, 179 S. W. 939.

332 (Tex. Civ.App.) In absence of exception, petition in action by contractor held to authorize charge and verdict either upon quantum (E) Interest, Dividends, and New Stock. meruit or for balance of contract price.-King 152 (Ky.) Dividends are payable from the v. Collins, 179 S. W. 899.

349 (Mo.App.) In action for breach of con tract concerning the assets and management of a corporation, held, in view of the contract's release of plaintiff from liability for representations to defendant, that evidence thereof was inadmissible.-Powell v. Batchelor, 179 S. W.

751.

CONTRADICTION.

See Appeal and Error, 667; Witnesses, 405.

CONTRIBUTION.

See Tenancy in Common, 29.

profits and surplus funds of a corporation as the directors, in the exercise of a sound discretion, declare, with which discretion the courts will not interfere except for the directors' bad faith or willful abuse.-Smith v. Southern Foundry Co., 179 S. W. 205.

156 (Ky.) Where directors declare a dividend, or where the company has earned profits and the directors wrongfully refuse to declare a dividend, a preferred stockholder occupies the position of a corporate creditor to the extent of the accumulated profits due him.-Smith v. Southern Foundry Co., 179 S. W. 205.

V. MEMBERS AND STOCKHOLDERS. (A) Rights and Liabilities as to Corporation.

5 (Ky.) Where a telephone lineman was electrocuted through the negligence of the telephone company and a light company, no contribution can be enforced between the wrong-170 (Ky.) The charter and the recitals of a doers; their negligence being concurrent.-Cumberland Telephone & Telegraph Co. v. Mayfield Water & Light Co., 179 S. W. 388.

CONTRIBUTORY NEGLIGENCE. See Negligence, 68, 83, 122, 141.

CONVERSION.

See Trover and Conversion.

CONVEYANCES.

See Assignments; Chattel Mortgages; Corporations, 437; Deeds; Mortgages.

CORPORATIONS.

preferred stock certificate must be construed with the statutory law to determine whether the holder was a creditor or a stockholder.-Smith v. Southern Foundry Co., 179 S. W. 205.

Holder of a certificate of preferred stock which on its face carried interest in the way of dividends at the rate of 7 per cent., with a provision for progressive redemption, held a stockholder, and not a creditor, of the corporation.-Id.

178 (Ky.) Except as to preference in dividends and distribution of assets, when, authorized by statute, the holders of common and preferred stock have the same rights and are under the same liabilities.-Smith v. Southern Foundry Co., 179 S. W. 205.

(D) Liability for Corporate Debts and

Acts.

See Banks and Banking; Beneficial Associa-216 (Tenn.) So far as not penal, courts of tions; Building and Loan Associations, Tennessee will enforce laws of another state 4; Carriers; Citizens, 2; Commerce, creating a liability on the part of a single 40, 80; Electricity; Evidence, 352, 459; stockholder for the unpaid balance of his stock, Executors and Administrators, 164, 167; although Tennessee laws require that all holdGas; Injunction, 64-67; Insurance; Lim- ers of unpaid stock shall be made parties.itation of Actions, 121; Mines and Miner- Sullivan v. Farnsworth, 179 S. W. 317. als, 105; Municipal Corporations; Rail-228 (Tenn.) Holder of corporation_stock is roads; Street Railroads; Taxation, 113, liable for interest on unpaid balance from day 169, 387; Telegraphs and Telephones. he receives stock, although he is not liable for interest on any amount in excess of unpaid balance, since such liability is penal.-Sullivan v. Farnsworth, 179 S. W. 317.

I. INCORPORATION AND ORGANIZA

TION.

and holds stock certificates is liable for the unpaid balance thereon, although he never formally subscribed for the stock.-Sullivan v. Farnsworth, 179 S. W. 317.

13 (Tenn.) Rev. St. Me. 1903, c. 47, § 6.243 (Tenn.) One who receipts for, accepts, merely limits the right of corporations of Maine to do business in states whose laws also permit their operation, and is not void as creating a corporation in one state for operation wholly within another.-Sullivan v. Farnsworth,

Actual taking of shares of stock will support

recovering the unpaid balance on the stock only in case of "subscription to or agreement for" the stock.-Id.

VII. CORPORATE POWERS AND

LIABILITIES.

(A) Extent and Exercise of Powers in General.

374 (Ark.) Powers essential to those expressly granted are necessarily implied.-Gregg v. Little Rock Chamber of Commerce, 179 S. W. 658.

388 (Ky.) Person executing obligation to corporation held not entitled to deny corporate power to contract, unless contract be expressly forbidden by law.-Yellow Chief Coal Co.'s Trustee v. Johnson, 179 S. W. 599.

foreclose held not to constitute collusion for the purpose of covering up the debts of the corporation by the appointment of a receiver.Hart-Parr Co. v. Alvin-Japanese Nursery Co., 179 S. W. 697.

553 (Tex.Civ.App.) The mere fact that a corporation is insolvent is not sufficient ground for the appointment of a receiver therefor, without ants.-Continental Trust Co. v. Brown, 179 S. a showing of some equity in favor of complainW. 939.

The fact that the creditor of a corporation attempts to assert an unjust debt and to charge usury does not justify the appointment of a receiver.-Id.

557 (Tex.Civ.App.) Petition for appointment of receiver held to state a cause of action under Vernon's Sayles' Ann. Civ. St. 1914, art. 2128, corporation is in imminent danger of insolvency. -Hart-Parr Co. v. Alvin-Japanese Nursery Co., 179 S. W. 697.

(B) Representation of Corporation by of- authorizing such appointment where defendant

ficers and Agents.

425 (Tex.Civ.App.) When officers of a corporation make a contract for it, which inures to its benefit, and the results are enjoyed by it, it is estopped to deny the officers' authority to make the contract.-Bankers' Trust Co. of Amarillo v. Cooper, Merrill & Lumpkin, 179 S.

W. 541.

ceiver for a corporation, on the verge of insolIn proceedings for the appointment of a revency, petition held not to show that certain creditors were attempting to hinder the collection of debts of others.-Id.

426 (Tex.Civ.App.) After rights of attor-565 (Mo.App.) Claim against receiver of neys to compensation for services performed manufacturing corporation by sales agent for for a corporation have accrued, it cannot avoid breach of his contract of employment held sufliability by placing the matter of disbursing ficient.-Watkins v. Donnell, 179 S. W. 980. funds and employing attorneys in the hands of 566 (Ky.) Person conveying land to corporaa finance committee.-Bankers' Trust Co. of tion for mortgage bonds held not entitled to Amarillo v. Cooper, Merrill & Lumpkin, 179 priority over creditors and other bondholders S. W. 541. because more bonds were issued than were necessary to pay for land.-Yellow Chief Coal Co.'s Trustee v. Johnson, 179 S. W. 599; Same v. Preston, Id. 602.

432 (Tex.Civ.App.) Authority of a corporation's president to employ an attorney can be presumed where its directors thereafter meet and confer with the attorney on legal matters. -Bankers' Trust Co. of Amarillo v. Cooper, Merrill & Lumpkin, 179 S. W. 541.

(C) Property and Conveyances.

XII. FOREIGN CORPORATIONS.

642 (Mo.App.) Conduct of sales agency in South Carolina for a Missouri manufacturing 437 (Ky.) Conveyance to corporation held corporation by an agent as such was unlawful valid as between the parties, though made be- for him, unless the Missouri corporation comfore organization of the corporation was complied with South Carolina law relating to forplete.-Yellow Chief Coal Co.'s Trustee v. Johnson, 179 S. W. 599; Same v. Preston, Id. 602.

(D) Contracts and Indebtedness. 447 (Ark.) The power of a corporation to contract is restricted to the purposes for which it is created.-Gregg v. Little Rock Chamber of Commerce, 179 S. W. 658.

Little Rock Chamber of Commerce, incorporated under Kirby's Dig., §§ 937-943, in view of the provisions of its constitution and by-laws, held not to exceed its powers by aiding navigation of river to Memphis, with a view to lowering freight rates.-Id.

eign corporations doing business.-Watkins v. Donnell, 179 S. W. 980.

Missouri company could appoint agent in Missouri for transaction of its business in South Carolina without complying with that state's laws relative to the doing of business by foreign corporations.-Id.

657 (Mo.App.) Where a Missouri corporation appointed a South Carolina sales agent, the company's subsequent failure to comply with the laws of that state regulating the doing of business by foreign corporations did not render the contract of appointment void ab initio.Watkins v. Donnell, 179 S. W. 980.

South Carolina sales agent, failed to comply Missouri corporation, which, after appointing with that state's laws relative to doing business with that state's laws relative to doing business by foreign corporations, thus rendering the agent's contract impossible of performance, became liable for breach.-Id.

4802 (Mo.App.) Where a corporate bond secured by a mortgage aptly incorporated the provision of the mortgage regarding acceleration of the maturity of the debt at the trustee's election for default in the payment of interest, etc., a purchaser of such bond took with notice of the provisions of the mortgage duly recorded.-657 (Tex. Civ.App.) A foreign corporation Brinsmade v. Johnson, 179 S. W. 967. can incur liability on a contract of employ482 (Mo.App.) Promissory note or bond se- ment of an attorney made in the state, before cured by deed of trust containing provisions au- it obtains a permit to do business in the state. thorizing foreclosure for default in payment of Bankers' Trust Co. of Amarillo v. Cooper, interest, making no reference to the deed to in- Merrill & Lumpkin, 179 S. W. 541. corporate such provision, does not mature the bond, but only the indebtedness for foreclosure; but it is otherwise where the bond incorporates the mortgage provision.-Brinsmade v. Johnson, 179 S. W. 967.

VIII. INSOLVENCY AND RECEIVERS.

CORPUS DELICTI.

See Criminal Law, 535; Homicide, 228.

CORROBORATION.

553 (Tex. Civ.App.) That the managers of a corporation notified its creditors that the cor- See Criminal Law, 510, 511, 534, 535; Witporation would become insolvent if they should

nesses, 414.

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See Guardian and Ward, 162; Partnership, See Appeal and Error, 185, 493; Constitu346.

I. NATURE, GROUNDS, AND EXTENT OF RIGHT IN GENERAL.

32 (Tex.Civ.App.) Where defendant recovered both in respect to the general partnership set up by plaintiff and the special partnership set up by himself, he was entitled to recover all costs, though plaintiff recovered some items in controversy in the accounting.-Hall v. Ray, 179 S. W. 1135.

42 (Mo.App.) Under the statute, offer of judgment in an action for breach of a contract for services in an amount equal to that recovered stopped the running of costs against defendant from the time of the offer.-Lemaire v. Strassberger Conservatories of Music Co., 179 S. W. 959.

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114 (Ark.) Claim of attorneys, under order of county judge appointing them special counsel for county to defend suits to restrain erection of new courthouse, held to be dismissed. (Affirmed by divided court.)-Oglesby v. Ft. Smith District of Sebastian County, 179 S. W. 178, 1199.

(C) County Expenses and Charges and Statutory Liabilities.

tional Law, 102; Contempt; Corporations, 216; Criminal Law, 84, 87; Divorce, 62; Equity, 39; Executors and Administrators, 11; Infants, 18; Injunction, 164; Judges; Judgment, 17; Justices of the Peace; Removal of Causes; Statutes, 82, 64.

I. NATURE, EXTENT, AND EXERCISE OF JURISDICTION IN GENERAL.

7 (Tenn.) Right of action for wrongful death held transitory, and, with certain exceptions, ordinarily enforceable wherever defendant may be found.-Howard v. Nashville, C. & St. L. Ry. Co., 179 S. W. 380.

24 (Tex.Civ.App.) Jurisdiction of the subject-matter cannot be conferred by the consent of parties.-Josey v. Masters, 179 S. W. 1134.

25 (Tex.Civ.App.) Where the court has jurisdiction of the subject-matter, the parties may by_consent confer jurisdiction over their persons. -Josey v. Masters, 179 S. W. 1134.

II. ESTABLISHMENT,

ORGANIZATION, AND PROCEDURE IN

GENERAL.

ness.

(C) Rules of Court and Conduct of Busi78 (Tex.Cr.App.) The Constitution and laws authorize the Supreme Court to adopt rules for the government of all the courts of the state, and such rules govern when not in conflict with statute.-Vinson v. State, 179 S. W. 574.

(D) Rules of Decision, Adjudications, Opinions, and Records.

nunc pro tunc at a subsequent term upon clear 116 (Ark.) A court may amend its record oral testimony alone.-Bottoms v. Borah, 179 S. W. 996.

IV. COURTS OF LIMITED OR INFERIOR JURISDICTION.

184 (Ark.) A county court could only make a valid order in term time at the county seat, so that no order could be made at another point 139 (Ark.) Under Kirby's Dig. §§ 990, 7183, in the county where the court was not legally in held, that county was not liable to sheriff and session.-Bottoms v. Borah, 179 S. W. 996. circuit clerk for mileage service, fees, etc., in 185 (Ark.) Under Acts 1901, p. 143, dividprosecutions in name of state against railroad for the penalty imposed by Acts 1911, p. 11.Chicot County v. Matthews, 179 S. W. 1002.

IV. FISCAL MANAGEMENT, PUBLIC DEBT, SECURITIES, AND TAXATION.

165 (Ark.) Where the county court has made an appropriation, though not a sufficiently large one to discharge all expenditures for bridge purposes, warrants issued for bridge purposes are not void.-Watkins v. Finger, 179 S. W. 653.

190 (Tenn.) Act 1915, providing salary for judge of the juvenile court held not invalid for violating Const. art. 2, § 29, limiting levy of taxes to county purposes.-State v. Brown, 179 S. W. 321.

196 (Ark.) After county warrants have been accepted by the treasurer, held that under Kirby's Dig. §§ 1165, 1169, taxpayers cannot secure cancellation; it appearing that the warrants were only voidable in part.-Watkins v. Finger, 179 S. W. 653.

COUNTY BOARDS.

See Counties, 57, 114.

COUNTY COURTS.

ing a county into two judicial districts, in one of which was located the county seat, where the county court was held, appeals from the county court lie only to the circuit court of the district in which the county seat is situated.Chicago Mill & Lumber Co. v. Drainage Dist. No. 16, 179 S. W. 998.

189 (Ky.) That judgment in a police court on a note of over $50 was obtained without written petition, the proper practice under Civ. Code Prac. § 705, does not render it void, so as to authorize enjoining its collection.Ross v. Ross, 179 S. W. 454.

$50 is not void, so as to authorize enjoining Judgment in a police court on a note of over its collection because rendered less than ten days after service of summons.-Id.

VI. COURTS OF APPELLATE JURIS

DICTION.

(A) Grounds of Jurisdiction in General.

207 (Tex.Civ.App.) Under Const. art. 5, § 6, and Vernon's Sayles' Ann. Civ. St. 1914, art. 1592, the Court of Civil Appeals has power to issue a writ of prohibition to protect its jurisdiction. Cattlemens Trust Co. of Ft. Worth v. Willis, 179 S. W. 1115.

Under Vernon's Sayles' Ann. Civ. St. 1914, art. 1591, a judgment of affirmance, with damages for delay, held a judgment of the Court of

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