INDEX

ACCOMPLICES:

corroboration held insufficient. Cook v. State, 540.

ACCORD AND SATISFACTION:

acceptance of lesser for greater sum, witnessed by written receipt,
held binding. Dreyfus v. Roberts, 354.

ADMINISTRATION:

administrator not permitted to purchase lands sold by sheriff under
execution in favor of estate. Montgomery v. Black, 184.

when contract implied to pay for services of nurse of decedent. Lewis
v. Lewis, 191.

purchaser at administration sale may have deed executed to another.
West v. Burgie, 516.

ADOPTION:

judgment of adoption amendable after 15 years to show residence
of child. Ward v. Magness, 12.

ADVERSE POSSESSION:

extent of title acquired by railroad company by adverse possession
or prescription. St. Louis S. W. Ry. Co. v. Davis, 283.

adverse possession of tenant added to landlord's. Cor v. Daugherty,

395.

exercise of fitful acts of ownership held not to constitute. Boynton
v. Ashabranner, 415.

possession of part under color of title to whole extends to entire
tract. Boynton v. Ashabranner, 514.

no presumption of abandonment of land where cultivation is stopped
by overflow. Robinson v. Nordman, 593.

title acquired by adverse possession for seven years. Id.
possession by privies counted. Id.

AGENCY: See INSURANCE.

liability of corporation for tort of employee. St. Louis, I. M. & S.
Ry. Co. v. Grant, 579.

ANIMALS: See RAILROADS.

owner of impounded stock cannot recover without paying expenses
incurred. White v. Clarksville, 340.

de facto town marshal may recover such expenses. Id.

APPEALS:

Cook v. Martin, 40.
Norman v. Pugh, 52.

no presumption that deed was reformed, where no such relief was
asked, when. Landon v. Morris, 6.
appellant can not take inconsistent positions.
conclusiveness of chancellor's finding of facts.
conclusiveness of order confirming judicial sale. Du Hadaway v.
Driver, 9.

conclusiveness of court's finding that jury were not exposed to im-
proper influence. Hooker v. State, 67.

conclusiveness of chancellor's finding of facts. Goerke v. Rodgers, 72.
necessity of bringing up all the evidence. Western Coal & Mining
Co. v. Jones, 76.

presumption if all the evidence is not brought up. Id.

assignment of error in motion for new trial held too general. McClin-
tock v. Frohlich, 111.

effect of assignment that verdict was contrary to law. Id.

conclusiveness of verdict on appeal. Id.

writing treated as transcript of record, though designated as "bill of
exceptions," when. Colvin v. Finch, 154.

effect of failure to preserve exceptions in motion for new trial.
Young v. Stevenson, 181.

effect of general exception to refusal of several instructions. Id.
conviction of murder reduced to manslaughter, when. Noble v. State,
246.

appellant cannot complain of incompetent evidence introduced to
meet similar evidence introduced by him. German-Am. Ins. Co.
v. Brown, 251.

insufficiency of general objection to instruction. Brinkley Car Works
& Mfg. Co. v. Cooper, 325.

giving of erroneous instruction harmless if verdict right upon undis-
puted evidence. Woods v. Carl, 328.

objection to competency of evidence held not raised in motion for
new trial. Kansas City So. Ry. Co. v. Short, 345.

errors not assigned in motion for new trial held waived. Id.
presumption as to court's charge where abstract is silent. Id.
case not affirmed for insufficiency of evidence if not fully developed.
Boynton v. Ashabranner, 415.

no reversal for error in admitting evidence if not shown who intro-
duced it. Johnson v. State, 427.

conclusiveness of opinion as to matter of fact on former appeal. Love-
well v. Bowen, 453.

effect of order granting new trial upon special findings. St. Louis &
S. F. Rd. Co. v. Fayetteville, 534.

ojection to instruction waived when. Id.

effect of appellant's failure to abstract instructions and evidence.

Shorter University v. Franklin, 571.

objection not raised on appeal, when. Id.

ARCHITECT:

when entitled to recover fee. Hight v. Klingensmith, 218.

ASSAULT AND BATTERY:

liability of one committing assault for damage caused by second
assault contemporaneously made by another. LeLaurin v. Murray,
232.

admissibility of abusive language in reduction of damage. Id.

when defamatory language admissible. Id.

extent to which damages reduced by provocation. Id.

ATTACHMENT:

judgment in attachment suit based on constructive service not void
for want of affidavit for warning order and attachment, when.
Williams v. Bennett, 312.

inference of fraud in sale justifiable, when. Farris v. Gross, 391.
bringing attachment held a waiver of pledge when. Hudson v. Bank
of Pine Bluff, 493.

ATTORNEY AND CLIENT:

liability of infant for fee of attorney of guardian ad litem. Owens
v. Gunther, 37.

attorney not entitled to lien on infant's estate when. Id.

notice to attorney held notice to client when. Allison v. Falconer, 343.
fee of attorney ad litem held excessive. Jenkins v. Bailey, 524.
BANKRUPTCY:

power of trustee to sue to avoid transfer by debtor. Sharp v. Fitz-
hugh, 562.

validity of conveyance of homestead by bankrupt to wife. Id.

effect of husband improving wife's property. Id.

effect of purchase by bankrupt in wife's name. Id.

BANKS AND BANKING:

sale of bank stock to cashier in good faith upheld. Corn v. Skillern,
148.

effect of such sale with knowledge of bank's insolvency. Id.
stock dividend paid by insolvent bank recoverable. Id.

BILLS AND NOTES: See PATENTS.

terms of written acceptance of bill not varied by parol. Fletcher v.
Simms, 162.

sufficiency of payment of note to bank at which it is made payable,
State National Bank of St. Louis v. Hyatt, 170.

giving check is not payment unless accepted as such. Sharp v. Flem-
ing, 556.

drawers of lost check not discharged by delay of payee when. Id.
BOND FOR TITLE: See SALES OF LAND.

BOUNDARIES:

adjacent land owners may adopt conventional boundaries.
Daugherty, 395.

jurisdiction of equity to settle. Deidrich v. Simmons, 400.

Cox v.

adjacent proprietors estopped to deny established boundary lines. Id.

BUILDING AND LOAN ASSOCIATIONS:

distribution of assets upon insolvency of association. Fort Smith
Bldg. Assoc. v. Cohn, 497.

BURDEN OF PROOF:

on claimant of homestead. Steele v. Robertson, 228.

on one who claims to be an innocent purchaser. Id.

of disproving notice to two persons not met by disproving notice to
one. Id.

CANCELLATION OF INSTRUMENTS:

evidence required to establish mutual mistake. Willingham v. Jordan,
266.

CARNAL ABUSE: See RAPE AND CARNAL ABUse.

CARRIERS: See RAILROADS; STREET RAILROADS.

complaint against railroad company for failure to furnish car de-
murrable when. St. Louis, I. M. & S. Ry. Co. v. Moss, 64.
complaint for delay in shipment held good on demurrer, though de-
fectively stated. Id.

delivery to, held sufficient. Pine Bluff & A. R. Ry. Co. v. McKenzie,

100.

liability of connecting carrier for damage to freight due to condition
of car. St. Louis S. W. Ry. Co. v. Myer, 159.

liability for misleading passenger by calling station prematurely.
Davis v. Kansas City So. Ry. Co., 165.

not liable for delay of connecting carrier in furnishing ticket. Brese-
witz v. S. Louis, I. M. & S. Ry. Co., 242.

passenger cannot recover for discomfort of riding in smoking car
when. Id.

indictment of railroad for failure to furnish separate waiting rooms
for two races held defective. Choctaw, O. & G. Rd. Co. v. State,
279.

sufficiency of accommodations furnished. Id.

duty to accept drunken passenger. Price v. St. Louis, I. M. & S. Ry.
Co., 479.

authority of conductor to accept drunken passenger. Id.
liability of carrier for safety of drunken passenger. Id.
when contributory negligence of passenger no defense. Id.
when doctrine of res ipsa loquitur applicable. Id.

CASES OVERRULED, DISTINGUISHED, ETC.

Pope v. Tunstall, 2 Ark. 209, overruled. Dreyfus v. Roberts, 363.
Reynolds v. Reynolds, 55 Ark. 369, overruled. Id. p. 363.
Heaslet v. Spratlin, 54 Ark. 185, overruled. Id. p. 363.
Gordon v. Moore, 44 Ark. 349, distinguished. Id. p. 363.

CLOUDS ON TITLE:

title required to support a suit to remove. Williams v. Bennett, 312.
in suit to remove tax title as cloud nonpayment of taxes by plaintiff
no defense when. Id.

COLLATERAL SECURITY: See PLEDGE.

COMPROMISE:

of disputed claim binding when. Willingham v. Jordan, 266.
CONFIRMATION: See JUDGMENTS.

CONSTITUTIONAL LAW: See PATENTS.

Legislature is judge as to whether notice of local or special bill was
published. Waterman v. Hawkins, 120.

presumption from silence of legislative journals. Id.

statutes establishing or abolishing separate courts are not local or
special. Id.

statute construed to be constitutional if possible. Id.

statute abolishing separate court not void for postponing cases. Id.
right to jury trial in quo warranto proceedings. Louisiana & N. IV.
Rd. Co. v. State, 435.

peddling act held an unconstitutional discrimination. Ex parte Deeds,

542.

valid and invalid provisions held inseparable. Id.
courts cannot amend statute.

CONTINUANCE:

Id.

on account of absence of witness to prove general reputation properly
refused when. Pratt v. State, 350.

for absence of cumulative evidence held properly refused. Id.

CONTRACTS: See DEEDS.

construction of, a question of law. Dugan v. Kelly, 55.

admissibility of oral evidence. Id.

construction of contract for excavation and removal of earth. Id.

parol evidence admitted to prove consideration. St. Louis & N. A.