Jurisdiction-Laches.

JURISDICTION-Continued.

by garnishment, a debt due to a non-resident defendant by a non-
resident corporation doing business in this State. Pittsburg,
C., C. & St. L. Ry. Co. v. Bartels
...216
2. Jurisdiction Franklin Circuit Court.-As the Franklin Circuit
Court, at the time of the adoption of the present Constitution,
had jurisdiction, co-extensive with the State, of actions against
clerks of courts, to recover payments illegally made to them out
of the State treasury, that jurisdiction continues by virtue of
Constitution, section 126, which provides that the jurisdiction
of each Circuit Court "Shall be and remain as now established,
hereby giving to the General Assembly the power to change it,"
notwithstanding Constitution, section 59, sub-section 1, which
prohibits the passage of local or special acts, to regulate the ju-
risdiction, or the practice, or the circuits of courts of justice.
Commonwealth v. J. A. Lyddane.....

.503

JUDICIAL SALES. (See Taxation, 9; Fraudulent Contracts, 6.)—
1. Identification of Property by Judgment.-When a judgment for
the sale of real property, taken in connection with the petition,
identifies the property with such certainty that the purchaser
will know what he has bought, and that the judgment can be
executed without difficulty, it is sufficient. Neff v. Covington
Stone & Sand Co......

...458
2. Held in Extended Opinion in Same Case.-A judgment should be
certain as to the description of real property ordered to be sold,
as well as to the time, place and terms of sale; and it is not suf-
ficient that the property may be identified by a reference to the
pleadings, or that the time and terms of sale are fixed by a
rule of court referred to in the judgment. Idem..........458
3. The judgment should be so explicit that the commissioner should
not be required to look to any other paper for direction.
Idem
..458

JUDICIAL NOTICE-

See Taxation, 4.

JURY TRIAL-

See Municipal Corporations, 10, 11.

JURY WHEEL-

See Criminal Law, 10.

LACHES-

See Criminal Law, 4; Contracts, 1; Negligence, 17, 18, 19.

Legislative Journals-Limitation.

LEGISLATIVE JOURNALS-

See Elections, 1, 3, 4.

LIENS. (See Common Carrier, 4, 5; Sureties, 6; Taxation, 9; Di-
vorce, &c., 1, 4, 5; Judgments, 3, 4; Municipal Corporations,
14, 15.)-

1. Grazing Cattle-Constitutionality of Statute.-Sections 2500 and
2501, Kentucky Statutes, which gives persons a lien on cattle,
for their reasonable charges for grazing them, and authorizing
a warrant to be sued out and levied on such cattle for such
charges, are not unconstitutional. Griffith v. Gross.......160
2. Notice is not required to be given before sale of the property
where one has actual notice, that his property has been seized
under such warrant. Idem.

...160

3. Vendor and Purchaser-Waiver.-Where the vendor surrendered
the purchaser's note for the price, and accepted in lieu thereof,
the joint note of the purchaser and W., embracing therein also
the price of land sold to W., he waived his lien, as against a sub-
sequent purchaser, who took an assignment of the title bond,
which failed to show that any part of the purchase money re-
mained unpaid. Brown v. Blankenship.....
..464
LIMITATION. (See Sureties, 3, 4; Peremptory Instruction, 1; Negli-
gence, 19; Husband and Wife, 3; Taxation, 13, 19; Deed, 2;
Railroads, 1, 2, 3.)—

1. Recovery for Deficiency in Sale of Land.-A purchaser's right to
relief on account of a deficit in the boundary, being based on an
implied promise to refund the money paid by mistake, his cause
of action for the recovery of the over-payment does not accrue
until the last of the purchase price is paid, and limitation runs
only from that time, and not from the time the deed was made.
Nave v. Price ....
....105
2. Delay in Discovering Mistake.-Under Kentucky Statutes, sec.
tion 2515, providing that an action for relief for fraud or mis-
take shall be commenced within five years next after the cause
of action accrued, and section 2519, providing that "the cause
of action shall not be deemed to have accrued until the dis-
covery of the fraud or mistake, but no such action shall be
brought ten years after the time of making the contract or the
perpetration of the fraud," an action by a purchaser to recover
for a deficit in the boundary conveyed, brought almost ten years
after the last of the purchase price was paid, is barred by limi-
tation, though the mistake was discovered within a year be-
fore the action was brought, as plaintiff might, by the exercise

Limitation-Mistake.

LIMITATION-Continued.

.....

of ordinary diligence in having a survey made, have discovered
the mistake sooner. Idem....
...106
3. Pleading.-The defendant in pleading limitation to an action for
relief on the ground of mistake, need not aver that the plaintiff
might, by the exercise of ordinary diligence, have sooner dis-
covered the mistake, when the facts alleged by the plaintiff in
his petition affirmatively show that fact. Idem............106
4. Fraud-Discovery-Diligence. It is not sufficient for plaintiff to
show that the action was brought within five years after the
discovery of the fraud. He must establish a state of facts show-
ing that he could not, with ordinary diligence, have discovered
the fraud until within five years before the action was institu-
ted. Exchange Bank of Kentucky v. Trimble.

...230

1. Right of Appeal-Amount in Controversy Under $200.-It has al-
ways been held by this court, that an appeal will lie from the
judgment of the Circuit Court, awarding a mandamus, regard-
less of the amount in controversy. (See Barbour's Digest, divis-
ion 111, "Mandamus." County of Warren v. Daniel, 2 Bibb,
573; also Justices of Spencer County v. Harcourt, 4 B. Mon.,
499.) Stone, Auditor v. Craft.....
20
2. Same.

The language of the statute regulating appeals to this
court, after enumerating judgments for the recovery of personal
property or many of the value or amount of $200, and the like
is as follows: "In all other civil cases the court of appeals shall
have appellate jurisdiction over the final orders and judgments
of all courts." An order or judgment awarding a mandamus
is certainly a final order in such other cases contemplated by
the statute. Idem
20

MASTER AND SERVANT—

See Negligence, 8, 9..

MISJOINDER OF ACTIONS-

See Pleading, 2, 3.

MISJOINDER OF PARTIES-

See Common Carrier, 1.

MISTAKE-

See Limitations, 1, 2, 3, 4; Taxation, 2.

Mechanic's Lien-Municipal Corporations.

MECHANIC'S LIEN-

1. Constitutionality of Statutes.-Section 2463, Kentucky Statutes,
giving a lien to a person who performs labor or furnishes mate-
rial in the erection of a building by contract with "the owner,
contractor, sub-contractor, architect or authorized agent," is
not unconstitutional, though it provides a lien for persons with
whom the owner is supposed to have no contractural relations.
Hightower v. Bailey, &c...
.198
2. Material Men.-A lien is not given for the price of material fur-
nished by one material man to another, but only for material
furnished by contract with "the owner, contractor, architect,
sub-contractor or authorized agent." Idem....

MORTGAGES, POWER TO EXECUTE

See Corporations, 7.

MUNICIPAL CORPORATIONS. (See Office, &c., 1-2.)—

..198

1. Excessive Levy for School Purposes.-The fact that the fiscal
agents of the city of Paducah may have levied and collected more
money than was shown to be due for school purposes by the
report made to them by the appellant, does not affect the rights
of appellant or authorize the payment of such excess to appel-
lant by appellee. Board of Education of City of Paducah v.
City of Paducah

......209
2. Same. When the board of education has received the money esti
mated by it to be necessary for school purposes for any given
year, the obligation of the city to it for that year has been
discharged. Idem. ...
....209

3. May Contract by Other Name.-A corporation may contract by
a name other than its corporate name, provided it is apparent
that it is the contracting party. Neff v. Covington Stone &
Sand Co.
...458
4 Streets.-A town of the sixth class is not required to improve
a street throughout its entire length, but may limit the improve-
ment to the necessities of the town at that time. Idem.....458
5. Constitutionality of Sixth Class Charter.-The charter of towns
of the sixth class is not unconstitutional in that it allows the
trustees a discretion as to how street improvements are to be
paid for. Idem.
458

6. Street Improvement-Town Records.-While a contract for a
street improvement must be let to the lowest bidder, it will not
be held that this was not done when there is enough in the
record to raise the presumption that the trustees did their
duty, the same strictness not being required in the records of
towns as is required in courts of record. Idem.
.458

Municipal Corporations.

MUNICIPAL CORPORATIONS-Continued.

7. Void Ordinance.-A city ordinance declaring that it shall be
unlawful for any woman to go in and out of a building where a
saloon is kept for the sale of liquor, or to frequent loaf or
stand around said building within fifty feet thereof and provid-
ing for the punishment of any saloon keeper who shall permit
a violation of that provision of the ordinance, is void, as being
an unreasonable interference with individual liberty.-Gastenau
v. Commonwealth ...

.....

...474

8 Validity of Ordinance.-Under sections 3490, 3495 and 3513, Ken-
tucky Statutes, an ordinance providing that "whoever shall be
guilty of any boisterous or disorderly conduct in the city shall
be fined not less than five nor more than twenty dollars, is
valid. City of Newport v. Holly
.621
9. Penalty Less Than That Fixed by Statute.-Though the ordi-
nance prescribes a less penalty for the offense of disorderly
conduct than is prescribed by Kentucky Statutes, section 1268,
for the offense of breach of the peace, &c., it does not violate the
Constitution, section 168, providing that "no municipal ordi-
nance shall fix a penalty for a violation thereof at less than
that imposed by the statute for the same offense," as the of
fenses are not the same. Idem.

.....

.....621
10. Right of Trial by Jury.-Criminal Code of Practice, section 319,
providing that accused may have a jury trial in all cases in
which a fine of more than $16 may be imposed was repealed as
to prosecutions in the police court in a city of the fourth class,
by Kentucky Statutes, section 3530, empowering the police
judge in cities of that class to hear and determine cases within
his jurisdiction, except where the fine may be more than $20.
Idem.
.621
11. Same. Under the Constitution, section 7, providing that the
"ancient mode of trial by jury shall be held sacred and the
right thereof remain inviolate," and section 11, providing that
the "accused in prosecutions by indictment or information shall
have a speedy public trial by an impartial jury of the vicinage,"
minor offenses may be tried by a police judge without a jury, as
such offenses were not, either at the time of the adoption of
the Constitution or at common law, required to be tried by a
jury. Idem.
......621
12. Construction of Tax Ordinance.—A city ordinance levying tax
for the fiscal year beginning May 1, 1893, on all taxable prop-
erty in the city as of its value November 1, 1892, as assessed by
the city assessor and equalized by the board of equalization,
embraces all property in the city liable for ad valorem taxa-