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Insufficiency of evidence to show negligence
in killing stock on track. (Ala.) 200.

RAPE.

Sufficiency of indictment for assault with in-
tent to rape. (La.) 181.

Under statute providing a punishment for
any person who "abuses" any female under 10
"in an attempt to have carnal knowledge of
her," an indictment charging that defendant
"assaulted" a girl under 10, "with intent to
carnally know her," is bad. (Ala.) 403.

On trial for assault with intent to ravish,
evidence that defendant took a girl under 10
by the hand, led her into the woods, and laid
her down, is insufficient to go to the jury. (Ala.)
403.

The fact of complaint by prosecuting witness,
and her appearance at the time, may be shown.
(La.) 181.

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Riparian Rights.

See "Navigable Waters."

SALE.

See, also, "Fraudulent Conveyances;" "Vendor
and Purchaser.'

the owner of a building for material furnished
A personal judgment cannot be had against
to contractor on his own account. (Ala.) 768.

advanced buyer shall pay amount of advance
Provision in contract that if freight rate is
does not entitle latter to benefit of reduction in
rates. (Ala.) 672.

Conditional sales of chattels are void as to
possession for three years, unless recorded.
creditors and purchasers of one remaining in
(Miss.) 259.

The seller of a chattel on condition has no
prior right against a creditor of the purchaser,
where purchaser has had possession for three
years, and the conditional sale was not record-
ed. (Miss.) 259.

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amount of forged checks, in ignorance that it
A bank that makes good to a depositor the
has been paying forged checks for a period of
six months, may counterclaim the amount made
good in action against it by the depositor.
(Ala.) 335.

debtor has just claims against him, equity will
Where judgment creditor is insolvent, and
direct set-off. (Ala.) 898.

Surety may in equity show his principal's in-
solvency, and set off the latter's claim against
a creditor. (Ala.) 552.

A set-off is not available as a defense to an
action of tort. (Ala.) 790.

A set-off is not available under a plea of the
general issue. (Ala.) 790.

Settlement.

See "Payment;" "Release and Discharge."
By executors, see "Executors and Administra-
tors."

SHERIFFS AND CONSTABLES.
Suit to remove sheriff, evidence, see "Office and
Officer."

May be removed from office for malfeasance
in former term. (La.) 28.

An officer selling property on execution, which
he knows does not belong to the judgment
debtor, is not protected by the writ. (Ala.) 205.

A sheriff is not liable for actions committed
by direction of a court of competent jurisdic-
tion. (La.) 122.

Acts in no way connected with official con-
duct, no cause for removal. (La.) 28.

Slander.

See "Libel and Slander."

SPECIFIC PERFORMANCE.

Amendment of bill, see "Equity."

A city that owes a gas company for gas fur-
nished it under a contract cannot maintain an
action to specifically enforce a provision in
the contract for erection of more lamps. (Fla.)
826.

A state bond that has been altered by the
treasurer, without authority, is void even in the
hands of an innocent holder for value. (La.)
507.

Statute of Frauds.

See "Frauds, Statute of."

Statute of Limitation.
See "Limitation of Actions."

STATUTES.

Retroactive effect, see "Appeal."

A statute authorizing election contest is in
force the whole day of its approval by the gov
ernor. (Ala.) 377.

Act Feb. 12, 1891, entitled "An act to reg-

Right to performance of contract to convey
land on payment of a certain price, when plain-ulate the trial of misdemeanors in Shelby coun-
tiff did not aver when price was to be paid, and ty, and Act Feb. 21, 1893, amending the same,
this did not appear from contract. (Ála.) 541. sufficiently show their intent in their titles.
(Ala.) 762.
Complainant vendee need not offer to perform
or tender a deed before filing bill for perform-
ance. (Ala.) 541.

STATES AND STATE OFFI-
CERS.

A cross bill seeking affirmative relief against
a state cannot be maintained. (Ala.) 51.

The "Agricultural and Mechanical College"
bonds of Louisiana are void. (La.) 430.

Under an act entitled "An act to enact the
Revised Statutes, and to provide for the print-
ing, selling, and distribution thereof," the leg
islature may provide that certain provisions
of the law omitted in the revision should be
added thereto. (Fla.) 725.

Act No. 418 of 1892-93, entitled "An act to
regulate the pay of state witnesses and to set
apart fines collected to the payment of witness-
es, clerk and sheriff of court," is void, as con-
taining more than one subject. (Ala.) 355.

An act entitled "An act to declare inoper-
One who collects from state interest on cou-ative an act entitled," etc., violates a constitu-
pons clipped from void bonds, with knowledge
of their invalidity, must make restitution to
the state. (La.) 430.

The fact that bondholders are given an option
to surrender their holdings and receive other
bonds in exchange does not impair the validity
of the bonds. (La.) 340.

tional provision that no law shall be amended or
extended by reference to its title only. (Ala.)
655.

Act No. 3 of 1874. Act No. 58 of 1877, and
Act No. 77 of 1877 were not repealed by the
adoption of the constitution of 1879, and the
debt ordinance appended thereto. (La.) 340.

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Surety.

See "Principal and Surety."

SURFACE WATER.

Where one uses dam for 10 years to raise
surface water collected partly on another's land,
he obtains right to maintain water at that
stage. (Miss.) 444.

The occasional letting out of dammed water
does not destroy continuity of use of land, as
against one whose land is flooded thereby.
(Miss.) 444.

Change in the height of one's dam, by which
he raises surface water collected on another's
land, does not affect his prescriptive rights.
(Miss.) 444.

Liability of railroad company for injury
caused by building embankment with knowl-
edge of probable results thereof. (Miss.) 87.

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Moneys standing to the credit of a nonresi- Redemption.
dent firm on the books of a bank are not taxa-
ble. (La.) 306.

A tax collector is prima facie chargeable with
the tax rolls and licenses issued to him. (La.)
126.

A certified statement from the books of the
auditor of the public accounts is prima facie
evidence of the state of a collector's accounts
with the auditor's office. (La.) 126.

Exemption.

Capital, machinery, and property which were
once exempt, because employed in manufacture,
become liable to taxation when the manufactur-
ing is abandoned. (La.) 231.

Capital of a manufacturing establishment
actually employed for a part of the year only
is not liable to assessment for the whole year.
(La.) 231.

The products of a manufacture are exempt
so long as the business is continued. (La.) 231.

Assessment and levy.

In case of a tax sale, prior to April 1, 1892
the right to redeem expires in one year. (Miss.)
455.

Where land sold for taxes was bought for the
benefit of the owner, and redeemed by the own-
er, it did not free the land from the lien of
taxes accruing prior to the sale. (Ala.) 659.

Where land sold for taxes was redeemed by
the delinquent, it became subject to a lien of
prior delinquent taxes. (Ala.) 659.

TELEGRAPH COMPANIES.

Taxation of wires, see "Constitutional Law."

prepayment, the company cannot escape liabil
Where the agent accepted a message without
ity for delay by showing that its rule required
prepayment, where the sender knew of no such
rule. (Ala.) 579.

Where, by delay in transmitting a message,
plaintiff was unable to be present at the death-
bed of his mother, damages for mental suffer-
prop-ing are recoverable. (Ala.) 579.

An assessment of a number of distinct
erties belonging to different individuals to one
of the owners, is void. (La.) 848.

Insurance company is not entitled to reduc-
tion of assessment on capital stock because part
thereof is invested in capital stock of state
bank. (Ala.) 490.

An assessment which contains insufficient de-
scription of the property is void, and beyond the
power of curative act. (La.) 228.

Sales under an assessment roll_not_completed
and delivered by the assessor to the clerk of the
board of supervisors before the first Monday
of July are void. (Miss.) 258.

Payment.

A receipt for taxes assessed for a certain
year discharges the tax for such year, though
the assessment was illegal. (Fla.) 796.

Sale for nonpayment.

The act of a collector in adjudicating certain
distinct properties belonging to different in-
dividuals in block to the state, in enforcement
of delinquent taxes, is void. (La.) 848.

Where property of one person is sold con-
fusedly with others to the state, the transferee
from the state is not protected by prescription
of three or five years. (La.) 848.

Property of one person cannot be sold con-
fusedly with that of others, where there is no
privity of estate. (La.) 848.

A sale for an assessment, part of which is
illegal, vitiates the sale. (Fla.) 796.

Sale of 300-acre lot in parcel is void, though
section has never been subdivided. (Miss.) 437.

Tax titles.

A tax deed issued in 1875, under statute mak-
ing it prima facie evidence of title in the gran-
tee, is prima facie evidence that such grantee
owned the land in 1877, in absence of showing
that he had alienated it. (Fla.) 822.

Tax deed is completely destroyed when clerk
marks it canceled, and sends it to one who, un-
der mistaken idea that he owns land, has of-
fered to redeem. (Miss.) 462.

Description in tax deed, "West part section 7,
wnship 7, range 2, 300 acres,' is sufficient.
§ R) 437.

$396 it against a tax-title holder to quiet
Laws ant's claim to reimbursement should
$ 453, subay cross bill. (Miss.) 258.
88 1144-1147.

$ 1179

cancel another's tax title must
$8 1205-1207 .... (Miss.) 442.

One who sends a telegram to his sister, in-
quiring as to the health of his mother, may re-
cover for delay in transmitting a reply sent by
a brother. (Ala.) 579.

A statute imposing penalty for failure to
"transmit correctly" does not require an exact
reproduction of the message. (Miss.) 452.

A person to whom a telegram is sent can sue
for legal damages resulting from negligence in
its delivery. (Fla.) 148.

failure to deliver telegram are nominal, where
The only damages that can be recovered for
the only damages resulting are mental pain and
suffering. (Fla.) 148.

message, no more than sum paid for trans-
Damages for failure to transmit a cypher
mission and delivery. (Fla.) 1.

Five hundred dollars for delay in delivering
message, whereby the receiver was unable to
be present at the deathbed of his mother, are
not excessive. (Ala.) 579.

TENANCY IN COMMON.

Where a tenant in common buys a tax title,
it extinguishes such title as against all the co-
tenants. (Miss.) 734.

A tenant may sue for injury to his occupancy
without joining his cotenants. (Ala.) 373.

Tenant.

See "Landlord and Tenant."

TENDER.

defendant "now brings the money into court,"
A plea of tender, though failing to allege that
is good where the proof is conclusive that the
money was paid into court. (Ala.) 374.

Title.

See "Quieting Title."
Tax titles, see "Taxation."

Torts.

See "Death by Wrongful Act;" "Libel and
Slander:" "Malicious Prosecution;" "Negli-
gence;" "Replevin;" "Trespass;" "Trover and
Conversion.'

Of servants, see "Master and Servant."

TRESPASS.

It is no defense to a prosecution for tres-
pass, after being warned off, that defendant
claimed a superior title to the land. (Ala.)
$70.

In action for carrying away goods, evidence
is admissible that they were seized under an
attachment, to mitigate damages, though the
goods were exempt. (Ala.) 742.

Entering bedroom-Sufficiency of justification.
(Ala.) 373.

A complaint alleging trespasses to have been
continuous during a certain time is not demur-
rable because it fails to state the time when
the several trespasses were committed. (Ala.)
401.

In trespass for injuries done by contractors
to lands over which a railroad has a right of
way, evidence of injuries caused by construct-
ing defective stock gaps, through which cattle
went upon land adjoining a right of way, is
incompetent. (Ala.) 401.

In action for joint and several trespass, a
charge that whatever judgment is rendered, "if
against defendant, must be joint against both
defendants," is properly refused. (Ala.) 373.

It is not necessary for plaintiff to prove a
charge of trespass on land where it is also
charged that defendant took from the land the
goods of plaintiff, copying substantially the

form for trespass in taking goods. (Ala.) 111.
In action for penalty for willfully cutting
trees, an instruction that defendant was liable
for what the trees are worth, though he did

not know they were on plaintiff's land, is prop-
erly refused. (Ala.) 364.

Criminal prosecution.

An indictment under Cr. Code, § 3790, for will-
fully cutting trees on another's land, need not
aver that defendant cut with an intent to con-
vert the timber to his own use. (Ala.) 761.

Cr. Code, § 3790, punishing a willful cutting
of trees on the land of another, embraces all
growing trees. (Ala.) 761.

Where tenants of the owner of land used it
in common with him as a pasture, one entering
under the owner's direction, and driving away
cattle belonging to him, is not guilty of crim-
inal trespass on the land of another. (Miss.)
261.

TRIAL.

See, also, "Appeal;" "Certiorari:" "Evidence;"
"Exceptions, Bill of;" "Judgment;" "Jury"
"New Trial" "Pleading;" "Practice in Civil
Cases;" "Witness."

On a controversy as to the admissibility of
a receipt claimed to be a waiver of the tort
sued on, it is error for the court, in the hearing
of the jury, to say that he does not attach
enough importance to the receipt to exclude it.
(Ala.) 109.

An answer responsive to an interrogatory
cannot be stricken out in the absence of an ob-
jection to the latter. (Ala.) 495.

An exception by a defendant cannot be sus-
tained unless his legal interest to take such ex
ception appears. (La.) 843.

It was error to permit counsel to read to jury
and comment on adverse counsel's affidavit for
continuance at a former term. (Miss.) 267.

Where plaintiff amends by joining his partner,
and suit is prosecuted by partnership, verdict
can stand for partnership claim only. (Miss.)

438.

Instructions.

The giving of argumentative instructions is
not cause for reversal unless injury is shown.
(Ala.) 854.

A charge intimating that conversations of
party to action, admitted in evidence, were in-
consistent, is improper. (Fla.) 805.

A charge that the jury must find for defend-
ant, if they believe his evidence, was properly
refused, as it confined them to consideration of
a part of the evidence only. (Ala.) 639.

Erroneous instruction assuming negligence on
the part of one of defendants. (Ala.) 495.
dence are properly refused. (Ala.) 209.
Instructions ignoring material facts in evi-

Where the evidence is conflicting, it is error
to instruct the jury as to the weight thereof.
(Fla.) 157.

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A resulting trust does not arise where one
buys land, and tells another that he bought it
for him, and he can have it for a certain price,
though the proposition is accepted, and the mon-
ey paid. (Äla.) 644.

Liability of assets of insolvent bank as a
trust fund for payment of drafts deposited.
(Miss.) 456.

Deposit by sheriff of taxes collected-Priority
of payment out of assets of insolvent banks.
(Miss.) 84.

The provisions of a will which directs the
conversion of realty into personalty cannot
validate a parol agreement for a trust in land,
which is no part of the will. (Ala.) 780.

A bill to enforce a parol trust in land devised
by will cannot be maintained under Code, §
1845. (Ala.) 780.

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Usury can only be interposed as a defense by
An instruction not based on the evidence is the borrower or his legal representatives.
properly refused. (Ala.) 171, 286.
(Ala.) 412.

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