Insufficiency of evidence to show negligence in killing stock on track. (Ala.) 200.
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.
Riparian Rights.
See "Navigable Waters."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
See "Landlord and Tenant."
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.
See "Quieting Title." Tax titles, see "Taxation."
See "Death by Wrongful Act;" "Libel and Slander:" "Malicious Prosecution;" "Negli- gence;" "Replevin;" "Trespass;" "Trover and Conversion.'
Of servants, see "Master and Servant."
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.
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.)
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.
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.
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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