« AnteriorContinuar »
*In an action against a street railroad com- resentatives are not parties.—Dyer v. Jacoway
Creditors, seeking subrogation to sureties
rights under indemnity mortgage, held guilty of
laches.--Dyer v. Jacoway (Ark.) 901.
*An indorser on notes who has paid only a
etteville v. Lorwein (Ark.) 919.
Liquors," 88 3, 4.
In an action against a street railroad company
Question of contributory negligence of plain- | In pleading, see "Pleading," $ 1.
Woman, who was struck by a street car, See “Public Lands,” $ 1.
an approaching street car held super-
see “Adverse Possession," $ 1.
Local or special taxes.
tions," $ 9.
Occupation or privilege taxes.
ant or his grantors, and that a forfeiture of the
land and sale for taxes was void. did not estop
defendant from acquiring the void tax title and
setting up adverse possession thereunder.-Car-
The personal property received by an assignee
for the benefit of creditors is subject to the un-
paid taxes on the assignor's real and personal
property before the real estate can be subjected
thereto.-Phoenix Brewing Co.'s Assignee v.
* Point annotated. See syllabus.
quent taxes held fatally defective.-Alexander | Parol or extrinsic evidence of telegram, see
“Evidence," § 8.
Kirby's Dig. $ 7946, prescribing a penalty
message. -State v. Western Union Telegraph
the message, he would have complied with the
destination station, after hours when it had
-McCaul V. Western Union Telegraph Co.
TENANCY IN COMMON.
“Homestead," § 1.
ties of co-tenants.
A co-tenant cannot, by buying in an outstand-
ing incumbrance, acquire title as against his
§ 2. Rights and liabilities of co-ten-
ants as to third persons.
tion paid.-Mahoney y. Nevins (Mo. Sup.) 731.
Failure to record a deed to certain land be-
Creation, see "Wills," $ 3.
accused in trial for homicide, see "Homicide,"
For carriage of passengers, see "Carriers,” $ 4.
Of record for purpose of review, see "Criml-
nal Law," 8 24.
See “Taxation," $ 3.
strument, see "Lost Instruments.
make a formal claim of his rights under the
treaty.--Ehrlich v. Weber (Tenn.) 188.
see "Appeal and Error," 8 3.
See "Logs and Logging."
Injuries to trespassers, see "Negligence," § 1;
“Railroads," 89 5, 7.
To the person, see “Assault and Battery," § 1.
In an action for trespass on lands, evidence
considered, and held insufficient to show that
plaintiff had paid taxes on the lands in three
payments before the date of the trespass, and
after March 18, 1899, when Acts 1899, p. 177,
No. 66, in relation to possession acquired by
payment of taxes under color of title, toox
In an action for trespass on lands, held, that
the verdict could not be sustained under the evi-
dence. -Price v. Greer (Ark.) 985.
In action for trespass on land, held, that the
answer sufficiently denied plaintiff's allegation
of payment of taxes on the land.-Price v.
Greer (Ark.) 985.
*In actions for trespass on land, it is not
but only necessary for him to allege that he is
the owner or in possession.-Price v. Greer
*In an action for trespass on land, plaintiff
must show either title or possession, and mere
color of title is not sufficient.-Price v. Greer
*One showing only a sheriff's deed on execu-
trespass.-Phillips v. Beattyville Mineral &
Timber Co. (Ky.) 1058.
In trespass for cutting and removing timber
TRESPASS TO TRY TITLE.
Between landlord and tenant, see "Landlord
Equitable defenses, see “Equity," $ 1.
Harmless error, see “Appeal and Error," $ 24.
8 1. Right of action and defenses.
In trespass to try title, plaintiff, claiming on-
titled to recover without discharging the ven-
dor's lien to secure the purchase money, which Corporations," § 8; “Railroads," $ 6; "Street
For wrongful death, see "Death,” $ 1.
On bill or note, see "Bills and Notes," $ 6.
On insurance policy, see "Insurance,” 8 7.
“Fraudulent Conveyances," $ 2.
"Trespass to Try Title.”
Trial of criminal prosecutions.
1; “Criminal Law, 88 14-18; "False
Pretenses"; "Homicide," $ 10; "Larceny,'
§ 2; “Perjury," $ 2; "Rape," § 2; "Seduc-
tion," $ 1.
For establishing lottery, see “Lotteries,” $ 1.
For offense against liquor laws, see "Intoxicat-
ing Liquors,” $ 4.
court in the presence of the jury, in ruling on
"Dam- an objection to the examination of a juror as
to his qualifications in the presence of the en-
tire panel, held not error.-Alexander V. Mc-
Gaffey (Tex. Civ. App.) 462.
Under Kirby's Dig. $8 2743, 3190, exceptions
see “Carriers," $ 7.
be determined before final submission.-Boyn-
Where a question is proper, but the answer
is improper and prejudicial, an objection im-
Waddell v. Metropolitan St. Ry. Co. (Mo. App.)
Objection to improper answer to proper ques-
tion held to have fulfilled the purpose of a mo-
tion to strike.- Waddell v. Metropolitan St.
“Judgment," $ 4.
Where it appeared on the examination of a
witness for plaintiff in rebuttal that if the ex-
would again have to go at large into testimony
in chief, it was proper to refuse to permit
v. Hunton (Tenn.) 182.
In an action against several defendants to
recover property transferred by a bankrupt in
fraud of his creditors, certain testimony, ad-
certain of the defendants, held not harmful to
gence of contractor, see “Building and Loan Civ. App.) 286.
Evidence of false statements of vendor, ad-
mitted on a claim by the purchaser for dam-
developed, shows the purchaser was not war-
ranted in relying on them, or did not rely on
establish plaintiff's case should not be excluded,
burg Plate Glass Co. v. Roquemore (Tex. Civ.
Argument of counsel, unsupported by the evi-
to constitute reversible error. - English v. An-
On an issue as to whether an alteration had
for counsel to have called the jury's attention
to the fact that the contract was in several
* Point annotated. See syllabus.
Where no objection was made to the allow- | the character of any witness, held proper. -
Where the testimony of a witness is wholly
has willfully sworn falsely, etc., is proper. -
An instruction, in action for slander, author-
consider the facts and circumstances admitted
in evidence as produced by both parties, held
An instruction held bad for giving promi-
nence to certain evidence.- Louisville Ry. Co.
v. Hoskins' Adm'r (Ky.) 1087.
Applicability to pleadings and
A charge requested, which is not justified by
In an action on an insurance policy, where the Kansas City (Mo. Sup.) 714.
Where there was substantial evidence intro- Co. (Tex. Civ. App.) 300.
his employment, he assumed the risk, held error.
-Wood v. Texas Cotton Product Co. (Tex. Civ.
withdrawing from the jury an essential element
8 9. Requests or prayers.
In an action for damages for breach of con-
tract, the request of an incorrect instruction
In an action for injuries, an instruction on
damages held not objectionable.-Smith v. For-
Where defendant, in an action for injuries
A charge requested, which is covered by the
v. Kansas City (Mo. Sup.) 714.
Omission in a charge held not to be com-
plained of by one asking a special charge in
omission therein without having requested a
charge to supply it.-Freeman v. Slay (Tex.
charge, where the issue to which it relates was
fully covered by the general charge and another
In an action for injuries, an instruction,
though defective, held sufficient to direct the
An instruction that the jury, in determining cumbent to charge in reference thereto.-Ray
* Point annotated. See syllabus.