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Col. V. K, C. S, Ry, Co., 463.
organization of rural community may be attacked^ when. Id.
may levy tax upon telegraph poles on railway right-of-way. Maekay

Tel. & Cable Co. v. lAUU Roek, 306.
change of boundaries of, effect on contracts, etc. Id.

NEGLIGENCE:

duty of driver of team of houses as to pedestrians at street crossings.

Cooper V. Kelly, 6.
overflow of lands. Mitchell v. Hahn, 286.
vis major. Id.
co-operating causes. Id.

injury to passenger on train. Bush, Reevr., v. Snow, 341.
injury to patient in hospital; death; proof of suffering. Durfee

V. Dorr, 369.
treatment of patient. Id.
leaving patient unattended. Id.



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ABK.] Index. 611

NEW TRIAL:

right of aggrieved party to complain; must complain, when. Etcher'^
son V. Hamil, 87.

NONSUIT:

may be taken, when. HaU, Admr., v. Chess & Wymond Co., ^6.

OFFICERS:

presumption of validity of official acts of public officers. Cotion v.
WkUe, $7S.

OVERFLOW OF LANDS:

former judgment; res adjudieaia. Bush, Recvr, of St. L., I. M. &

S. Ry. Co. V. Stephens, 133.
from improper construction of dam; instructions from engineer and

commissioners. MUehell v. Hahn, 286.

PERJURY: See Subornation op Perjury.
Davis V. Stale, 542.

PERSONAL INJURY CASES:

examination of veniremen as to connection with insurance company*

Cooper V. Relief, 6.
as to bias. Id.

injury to pedestrian by driver of team. Id.
non-suit may be taken, when. HaU, Admr., v. Chess & Wymond Co.,

36.
where conductor knocked trespasser ofF of train. C, R. I. A P. Ry,

Co. V. WomhU, 411.
injury to passenger resulting from scuffle with another passenger who

refused to give up his ticket. Bush, Reevr., v. Snow, 341.

PLEADING AND PRACTICE:

non-suit may be taken, when. HaU, Admr., v. Chess & Wymond Co.,

86.
ejectment; sufficiency of answer. Ballard v. K. C. & M. Farms Co.,

88.
arrest of judgment. Dams v. Stale, 542.



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612 Index. [131

PRINCIPAL AND AGENT:

proof of relationship; sale of cattle. Vaughan v. HinkU, 197.
belief of one party as to existence of relationship. Id.
agreement to sell plaintiff's peach crop. 'Coffue Bros. v. Ledie, 486.
niisconduct of agent in overdrawing account. Nedy v. WUmore, 328.
action by agent for salary due; defense of negligence; ratification of

agent's acts. Id,
salary unpaid, interest thereon. Id,
action for salary; counterclaim. Id,

PRINCIPAL AND SURETY:

surety on stay bond, where he signs as a volunteer. MeCabe v.

Montgomery, 528.
rights and liabilities of surety on appeal bond of assignee of insurance

policy. GaretaorirGreason Lbr, Co. v. Home Life and AceidetU

Co., 625.

PROMOTERS:

duty to reveal true facts concerning business in which they sdl
stock. Porter v. Morris, 882.

PROPERTY:

adverse possession; covenants of warranty and quiet enjoyment.

Smith V. Boynton, Land & Lbr. Co., 22.
sale of land subject to mortgage; assumption by grantee. Nakdimen

V. Brazil, 144.
taken under void process; remedy of owner. Cherry v. DiUard, 246.

PROPERTY CASES:

easements. Kahn v. Cherry, 49.

wall between adjacent lots; knowledge of purchaser of encumbrance.

Id.
action to try title; documentory evidence; part of record; certificates

of entry. WaUaee v. Gleeener, 869.

RAILROADS:

penalty for failure to pay employee, does not accrue, when. Bush,

Recvr., v. Coleman, 379.
regulations governing payment of wages. Id.
demand must be made upon whom. Id.



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ABK.] Indbx. 613

RAILROADS— C(m<tnii6(i.

injury to trespasser on train. C, R. I. & P. Ry. Co. v. WanibU,

411.
overcharge of passenger fare. SL L., J. M. & S. Ry. Co. v. WiUiama,

442.
duty to screen windows. Batte v. St. L. S. W. Ry. Co., 568.
duty to keep engine in repair. Id.
injury caused by flying cinders. Id.
judgment against receiver; right to enforce against company. Diek'

inaon, Reevr., v. Wornble, 591.

REAL ESTATE BROKERS:

commissions. Lasher-Morris Bank & Trust Co. v. Jones, 576. ^
receipt by broker of larger sum than price fixed by seller. Id.

RECEIPT IN FULL:

not binding, when. NaVl Union Fire Ins. Co. v. School Dist. No. 60,
547.

RECEIVERS:

not liable for tort conmiitted by corporation prior to appointment.

Bush, Reetr., v. Stephens, 133.
amicable and adversary proceedings; attorney's fees and costs. Vol*

ley OH Co. v. Ready, 531.
judgment against receiver of railway; right to enforce against railway

after discharge of receiver. Dickinson, Reevr., v. Womble, 591.

REPLEVIN:

property ta!ken under void process. Cherry v. DiUard, 245.

RES ADJUDICATA:

overflow of land; former recovery of damages. Bush, Reevr. of St. L.,

I. M. & S. Ry. Co. V. Siephens, 133.
daim for preliminary expenses against an improvement district.

Brookfield v. Joneshoro Trust Co., 356.

RESCISSION OF CONTRACTS: See Sales.
ROBBERY:

allegation of ownership of property taken. Jenkins v. State, 312.
money taken; indictment Knd proof. Id.



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614 Indbx. [131

SABBATH BREAKING:

motion pictures on Sunday; expediency. Rotenbaum v. State, 251.

SALES:

medical supplies to be resold. Lange Med. Co, v. Johnson, 15.

rescission of sale; question of fact. Vaughan v. Hinkle, 197.

sale of mortsaged chattel, permission. Id.

sale ol cattle, failure to pay, right to impound. Id.

bond unnecessary. Id.

employment of agent to sell peach crop. Coyne Bros, v. Leslie, 435.

negligence in making sales. Id.

on execution; caveat emptor. Fulbright v. Morton, 492.

buyer may rely upon representations of seller in absence of opportunity

to inspect. Iowa City State Bank v. Biggadike, 514.
^sale of articles to be resold; innocent purchaser of note. Id.
payment for purchase by draft will take sale out of statute of frauds.

Summers v. Woods, 345.
sale on credit; non-payment; remedy of seller. Jones v. Bank of

Commerce, 362.

SPECIFIC PERFORMANCE:

lands in another State. Nakdimen v. BragU, 144.

STATUTE OF FRAUDS:

contract of lease. Hinson v. GiUespie, 240.

execution sale, memorandum of selling officer. Fulbright v. Morton,

Sheriff, 492.
payment for piu-chase by draft. Summers v. Wood, 345.

STATUTES:

rules of construction; parts of relating to same subject. State v.

Hanna, 129.
repeal of general act by special one. Rice Belt Telephone Co. v.

Malcomb, 227.
act 1913, p. 192, does not repeal Acts, 1909, p. 293. Id.
validity of passage by Legislature. Harrington v. White, 291.
presumption as to validity of passage. Id.
reference to other acts. Id.



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ABK.]



I]!a)BX.



615



STATUTES CITED:
KiRBY's Digest:

Chap. 83 220

Chap. 101 200

i 731 66

1188 90

1238 90

1463 214

1487 214

1676-6-7^ 130

1683 109

1602 189

1609 674

1662 108

1973 646

2030 262

2413 109

2423 319

2680 128

2697 226

2720 223

310^ 303

3283 496

3666 348

3900 119

4009 219

4492 408

4627 624

4670 390

4807 282

4926 433

6044 246

6067. 26

6241 676

6362 666

6439 106

6676 468

6664-6742 63

6002 668

6133 630

6167 38

6190 303

6196 303

6207 368-620

6208 368

6620 443

6773 671



KiBBY's DlGEBT - CanHnued.

§ 6902 42

7022 284

7668 460

7924 624

8063 368

8067 363

Sandbls & Hill's Digest:

i 1464 181

ACTS OF ARKANSAS:
Acts:

1881, p. 63 360

1897, p. 88 86

1906, p. 807 428

1906, p. 489 116

1906. p. 637 380

1907, p. 323 674

1907, Act 443 364

1909, Act 260 364

1909, Act 279 367

1909, p. 293 229

1911, Act 112 364

1911, Act 221 367

1913, p. 162 671

1913, Act 176 668

1913, p. 192 229

1913, p. 270 619

1913, p. 627 438

1916, p. 676 292

1916, Act 243, p. 903. . . 671
1916, p. 1346 63

Acts op Congress:

Act of Congress, April 29,
1898, 30 U. S. St. L.
367, Ch. 229, 7 Fed.
Stat. Ann. 126 86

Constitution op Arkansas:

Art. 2, §22 469

23 469

5, 23 296

7, 28 213

9, 6 119

19, 27 30,69



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616 Inpbx* [131

STAY BOND:

suretieB on a note, not liable on, when. MeCabe v. Mantgwnerif, 628.
right of surety, where he signs as volunteer. Id,

STOCK LAWS:

restraint of stock from running at large. Harrington ▼. White, 291.
compliance with; publication of notice. Id.
election; who may vote. Id,

SUBORNATION OF PERJURY:

sufficiency of the indictment. Dans ▼• StaU, 542.
SURETYSHIP: See Principal and Surety.

SWAMP LANDS:

h

effect of the compromise of 1897. Battard ▼. K. C. A if. Farwu
Co., 83.

TAXATION

taking private property without compensation by taxation. fTo^

drop V. K. C. S. Ry. Co., 468.
illegal tax may be restrained. Id.
right to tax can not accrue by pr^cription. Id.
return of capital stock for taxation by domestic corporation. State

ex rel. v. Fort Smiih Lbr. Co., 40.
surplus invested in stock of other companies. Id.

TAX SALES:

void for wrong description. Cotton v. White, 278.

right of holder of void tax deed. Id.

person in possesifion can not forfeit and purchase to perfect hit

title. Id.
valid sale; lien of State for taxes of other yean. Id.
redemption from void sale is void. Id.
lack of jurisdiction; collateral attack. WaUaee v. Gleetnerp 869.

TELEPHONE COMPANIES:

failure to give service; effect of wilful or negligent act. Riee BeU
Telephone Co. v. Makomb, 227.



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•] Inpbx. 617

TENDER:

effect of, upon coets. Walden ▼. Kirkiandp 466.
TORNADO INSURANCE: See Insurangb.

Natn Union Fire In$. Co. v. School Diit. No. 60, 647.
TRIAL:

peraonal injury action; right to question veniremen on voir dire as

to connection with insurance company. Cooper v. KeUy, 6.
extent of examination of veniremen. Id.
allowing jury to separate during trial is reversible error, when. HoU

V. SUUe, 891.
bias of juror; practice where juror with bias has been accepted*

Van Hooter v. BuOer, 404.
duty to grant new trial. Id.
argument of counsel in criminal trial; admonition of the court.

WiUiame v. SiaU, 264.
open and close; burden of proof. Eminent Houeehold of Columbian

Woodmen v. Howie, 299.

TRUSTS:

merger of estates not recognised when same defeats a trust. Bowlin

V. CUizene Bank and Truet Co., 97.
spendthrift trusts; validity. Id.

VENDOR AND PURCHASER:

contract for sale of medical supplies to be resold. Lange Med. Co.
V. Johneon, 16.

VERDICT:

general finding; presumption. Iowa CUy State Bank v. Biggadike,

614.
inconsistency between general and special findings; presumption. Id.
impeachment of. Jenkins v. SUUe, 812.

VOID PROCESS:

property taken under; remedy of owner. Cherry v. DiMard, 246.



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618 Insbz. [131

WARRANTY, COVENANT OF:

breach of; eviction; damagee. Smith y» Boyntan Land A Lbr.
Co., 22.

WILLS:

proof of execution; testimony of beneficiary. Strickland, Admit.,

y. Smiih, 360.
probate; appeal to circuit court; will may be read to jury. StritiH

land V. Smiih, 860.

WITNESSES:

defendant as witness in criminal case; credttbilxty. D^nUm v. SUU, 1.



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Online LibraryArkansas. Supreme CourtArkansas reports : cases determined in the Supreme Court of the state of Arkansas, at the .. → online text (page 53 of 53)