$61. A telegraph company held not to avoid
liability for mistake in a telegram on the theo-
ry that notice to one partner was notice to all.
-Western Union Telegraph Co. v. Robertson
(Tex. Civ. App.) 629.

$65. Under a complaint merely charging neg-
ligence at a relay station, evidence of negligence
at the place of delivery is inadmissible.-West-
ern Union Telegraph Co. v. Webb (Ark.) 1072.

$60. A claim of a person for damages for See Injunction, §§ 143, 163.
failure to deliver a message filed pursuant to
stipulations indorsed on the message was not a
claim for damages to such person's mother.—
Western Union Telegraph Co. v. Swearengen
(Ark.) 1071.

TENDER.

§ 12. Where plaintiff did not ask for attor
ney's fees, defendants on offering to pay the
claim sued on need not tender them.-Ball v.
Belden (Tex. Civ. App.) 20.

§ 67. A telegraph company held to have no
defense to liability arising from a mistake in
a telegram in the fact that the telegram re-
ferred to an option, and the loss occurred
through a sale of the property by the exercise
of that option.-Western Union Telegraph Co.
v. Robertson (Tex. Civ. App.) 629.

867. A telegraph company held liable for
an option which was put up by reason of a
mistake in telegram.-Western Union Telegraph
Co. v. Robertson (Tex. Civ. App.) 629.

§ 73. In an action against a telegraph com-
pany for failure to deliver a message advising
plaintiff that yellow fever was prevalent in a
town to which he was going, it could not be
said as a matter of law that one of ordinary
have suffered mental anguish by having to re-
firmuess, intelligence, and courage would not
main in a community in which the disease had
appeared.-Western Union Telegraph Co. V.
Rich (Tex. Civ. App.) 686.

§ 67. A telegram reading, "Can get option
for one twenty-five per acre for forty days
putting up five hundred dollars," shows on its
face, and is notice to the company, that pecu-
niary loss will result if not correctly trans-
mitted. Western Union Telegraph Co. v. Rob-
ertson (Tex. Civ. App.) 629.

§ 74. In an action against a telegraph com-
pany, refusal to give a charge not material to
the issues held not erroneous.-Western Union
Telegraph Co. v. Price (Ky.) 1100.

§ 74. In an action against a telegraph com-
pany for error in transmitting a message, cer-
tain instructions held misleading, as leading the
jury to believe that it is the absolute duty of a
telegraph company to transmit and deliver_me-
sages accurately.-Postal Telegraph-Cable Co. v.
S. A. Pace Grocery Co. (Tex. Civ. App.) 1172.

TEMPORARY INJUNCTION.

§ 73. Whether a telegraph company exercised
ordinary care in attempting to deliver a message
held for the jury.-Western Union Telegraph
Co. v. Price (Ky.) 1100.

§ 24. In a suit on a note, where defendants
came into court and offered to pay it, this ten-
der was sufficient, although no money was paid
into court.-Ball v. Belden (Tex. Civ. App.) 20.

TERM.

Of trust, see Wills, § 686.

TERMINATION.

Of employment, see Master and Servant, § 32.
Of homestead, see Homestead, § 164.
Of marriage relation, see Marriage, §§ 58, 60.
Of trust, see Wills, § 686.

TESTAMENT.

§ 68. If plaintiff went to a town through de-
fendant telegraph company's failure to deliver
to him a message stating that yellow fever was See Wills.
there prevalent, and suffered mental anguish
from a reasonable apprehension that he would

TESTIMONY.

contract the disease, that it subsequently ap- See Depositions; Evidence; Witnesses.
peared that he was in no actual danger was
immaterial.-Western Union Telegraph Co. v.
Rich (Tex. Civ. App.) 686.

THEFT.

§ 68. Certain mental anguish held to be re- See Burglary; Embezzlement; Larceny.
garded as reasonably within the contemplation
of the parties as the probable result of defend-
ant telegraph company's failure to deliver a
message.-Western Union Telegraph Co. v.
Rich (Tex. Civ. App.) 686.

THREATS.

Evidence of, in prosecutions for homicide, see
Homicide, § 190.

TIMBER.

71. A verdict, in an action for negligent
delay in the delivery of a message, held not ex-
cessive.-Western Union Telegraph Co. v. Price On public lands, see Public Lands, § 173.
(Ky.) 1100.

TIME.

Computation of period of limitation, see Limi-
tation of Actions, §§ 55-127.

Motion or application to open or vacate judg-
ment, see Judgment, § 153.
Objection to record on appeal or writ of error,
see Appeal and Error, § 643.
Presentation, allowance, and filing of bill of ex-
ceptions, see Criminal Law, § 1092; Excep-
tions, Bill of, § 42.

Sentence on plea of guilty, see Criminal Law,
§ 980.

Taking appeal, see Criminal Law, § 1069.
Tax sale, see Taxation, § 656.
Transmission and filing of record on appeal or
writ of error, see Appeal and Error, § 622.

For particular acts not judicial. Delivery of goods sold, see Sales, § 81. Extension of time for payment or other performance as discharge of surety, see Principal and Surety, § 104. Payment of interest, see Interest, § 46. Rescission by vendor, see Vendor and Purchaser, § 100.

TITLE.

After-acquired title, estoppel to assert, see Es-
toppel, 88 37-45.
Appellate jurisdiction in cases involving title
to real property, see Courts, § 231.
By adverse possession, see Adverse Possession,
§ 108.
Color of title, see Adverse Possession, §§ 73,
100.
Conclusiveness of judgment as to title or claim
to property in general, see Judgment, § 743.
Doubt or dispute as to title ground for relief
by injunction, see Injunction, § 38.
Jurisdiction of actions involving title to land,
see Courts, § 231.

Of purchaser at execution sale, see Execution,
§ 290.

Of purchaser at mortgage sale, see Mortgages,
§ 372.

Of vendor, sufficiency to support contract of
sale, see Vendor and Purchaser, §§ 129-137.
Removal of cloud, see Quieting Title.
Tax titles, see Taxation, § 734.

Particular matters affecting title.
See Adverse Possession; Dedication; Deeds;
Descent and Distribution; Escheat; Mort-
gages.

Estoppel to assert title, see Estoppel, §§ 37-45.
Sale of personal property in general, see Sales.
Sale of real property in general, see Vendor and
Purchaser.

TORTS.

See Carriers, §§ 103-105, 110-134, 147, 280Liabilities of particular classes of persons. 321; Clerks of Courts, § 72; Municipal Corporations, & 744-835; Railroads, §§ 222, 259, 274, 305-351, 356-401, 413-447, 454-484; Street Railroads, §§ 70-118.

Agents, see Principal and Agent, §§ 147-159.
Banks, see Banks and Banking, § 148.
Electric light or power companies, see Electrici-
ty, §§ 14, 19.

Employers for injuries to employés, see Master
and Servant, §§ 88-296.

Employés, for injuries to third persons, see
Master and Servant, § 302.

Fellow servants, see Master and Servant, §§
180-201.
Telegraph or telephone companies, see Tele-
graphs and Telephones, §§ 27-74.
Liabilities respecting particular species of prop-

erty or instrumentalities.

See Electricity. §§ 14, 19; Explosives, § 7; Rail-
roads, §§ 222, 259, 274, 305-351, 356-401,
413-447, 454-484; Street Railroads, §§ 70-
118; Telegraphs and Telephones, §§ 27-74.
Carrier's premises, see Carriers, § 286.
Conveyances and other means for transporta-
tion of passengers, see Carriers, § 298.
Injuries from defects or obstructions in streets,
see Municipal Corporations, §§ 777-822.
Sewers, drains, or water courses, in cities, see
Municipal Corporations, § 835.
Streets and highways, see Municipal Corpora-
tions, §§ 777-822.

Tools, machinery, appliances, and places for work, see Master and Servant, §§ 101–129.

Injuries from operation of street railroads, see
Street Railroads, $$ 70-118.

Particular species of property or rights.
See Bills and Notes, §§ 358-378.

Injuries incident to production or use of elec-
tricity, see Electricity, §§ 14, 19.
Injuries to passengers, see Carriers, §§ 280-321.
Injuries to servants, see Master and Servant,
§§ 88-296.

Title necessary to maintain particular actions.
See Ejectment, § 9; Quieting Title, §§ 10, 22;
Trespass to Try Title, § 11.

Titles of particular acts or proceedings.

Loss of or injury to goods by carrier, see Car-
riers, §§ 110-134, 147.
Payment by bank of forged or altered check,
see Banks and Banking, § 148.

See Statutes, §§ 107-120.
Municipal ordinances or by-laws, see Municip- Wrongful conversion, see Trover and Conver-
al Corporations, § 112.
sion.

(A) Right of Action and Defenses.
§ 20. An action for cutting and removing
timber held an action for permanent injury to
See Counties; Municipal Corporations; Schools the freehold maintainable by the holder of the
and School Districts, §§ 22-176.

Combinations in restraint of trade, see Monopo- Consolidation of action, see Action, § 57.
lies, 88 10-31.

From one state court to another, see Courts, dence of title in some one anterior to the com-
§ 488.

tiff, in so far as it awarded title to half the property, he could not complain of that part awarding plaintiff one-half the rental value. Sarro v. Bell (Tex. Civ. App.) 24.

§ 59. If defendant in trespass to try title was equitably entitled to an allowance for improvements and the rents growing out of the same, he should have made claim therefor in his pleading, and cannot have the allowance where he failed to do so.-Sarro v. Bell (Tex. Civ. App.) 24.

TRIAL.

Of right of property garnished, see Garnish-
ment, § 225.

Of right of property levied on, see Execution,
§ 179.
Surprise at trial as ground for continuance, see
Continuance, § 31.

Trial de novo on appeal, see Justices of the
Peace, 174.

Witnesses, see Witnesses.

Trial of particular civil actions or proceedings.
See Trover and Conversion, § 66.
For causing death, see Death, § 104.
For delay in transportation or delivery of live
stock, see Carriers, § 230.
For injuries at railroad crossings, see Rail-
roads, $$ 350, 351.

For injuries caused by operation of railroad,
see Railroads, § 222.

For injuries from defects or obstructions in
streets, see Municipal Corporations, § 822.
For injuries from explosion, see Explosives,
$ 7.

For injuries from fires caused by operation of
railroads, see Railroads, § 484.
For injuries from flowage, see Waters and Wa-
ter Courses, § 123.

For injuries from negligence, see Negligence, 8

136.

For price or value of goods sold, see Sales, §
364.
For purchase price of land, see Vendor and
Purchaser, § 317.

on insurance policies, see Insurance, § 826.
Trial of right of property, see Execution, § 179;
Garnishment, § 225.

Trial of criminal prosecutions. See Burglary, § 46; Criminal Law, §§ 260, 656-878; False Pretenses, § 52; Homicide, §§ 281-310; Larceny, § 72. Violations of liquor laws, see Intoxicating Liquors, § 239.

I. NOTICE OF TRIAL AND PRELIMI-
NARY PROCEEDINGS.

Consolidation of actions, see Action, § 57. Review of proceedings involving discretion of lower court, see Appeal and Error, §§ 966979.

II. DOCKETS, LISTS, AND CALEN-
DARS.
Transfer of causes from one state court to an-
other, see Courts, § 488.

§ 10. Where the reply in an action at law joined in a single count a legal and an equitable defense, and asked affirmative relief on the equitable defense, the matter, in the absence of objection to the pleading, must be heard and determined by the court.-Laswell v. National Handle Co. (Mo. App.) 969.

III. COURSE AND CONDUCT OF
TRIAL IN GENERAL.

In criminal prosecutions, see Criminal Law, §
656.

Presumptions on appeal or writ of error, see
Appeal and Error, § 925.

Review of proceedings as dependent on preju-
dicial nature of error, see Appeal and Error,
§ 1046.
Review of proceedings as dependent on taking
of exception in lower court, see Appeal and
Error, § 259.

IV. RECEPTION OF EVIDENCE.

Examination of witnesses, see Witnesses, §§

236-275.

In criminal prosecutions, see Criminal Law, § 673.

Review of rulings as dependent on taking_of exception in lower court, see Appeal and Error, § 260.

(A) Introduction, Offer, and Admission of

Evidence in General.

§ 55. As it is the province of the jury to recshould not reject testimony on account of cononcile the inconsistencies in testimony, the court Co. v. Seeger (Tex. Civ. App.) 1170. tradictions therein.-Achison, T. & S. F. Ry.

(B) Order of Proof, Rebuttal, and Reopening Case.

$ 60. Mere reversal of the order of proof in fore proving its loss held not ground for reshowing the contents of a lost instrument be

For injuries from negligence or default in transversal.-Felker v. Breece (Mo.) 424.

mission or delivery of telegraph or telephone (C) Objections, Motions to Strike Out, and message, see Telegraphs and Telephones, §§ 73, 74.

Exceptions.

In criminal prosecutions, see Criminal Law, §
695.

Necessity of taking exception for purpose of re-
view, see Appeal and Error, § 260.
Objections to admission of deposition, see Depo-
sitions, §§ 103, 107.

For injuries to animals on or near railroad
tracks, see Railroads, §§ 446, 447.
For injuries to passengers, see Carriers, §§
320, 321.

For injuries to persons on or near railroad
tracks, see Railroads, §§ 400, 401.
For loss of or injury to live stock in course of
transportation, see Carriers, § 230.
For negligence of physician, see Physicians and
Surgeons, § 18.

§ 83. Statement of when the objection to evidence, "Incompetent, immaterial, and irrelevant,' is sufficient.-Missouri, K. & T. Ry. Co. of Texas v. Johnson (Tex. Civ. App.) 672.

Negligence of master causing injury to serv-
ant, see Master and Servant, § 286.

Review as dependent on specification in assign-
ment of errors, see Appeal and Error, § 730.