cution on judgment.-Reed v. Bryant, 291 S. lessee or licensee (Rev. St. 1919, §§ 9879, W. 605. 9880).-Swain v. Terminal R. R. Ass'n of St. Louis, 291 S. W. 166. II. JURISDICTION, PROCEEDINGS, AND RELIEF. 17 (Mo.) Prohibition will lie to prohibit relator's prosecution, though he did not challenge trial court's jurisdiction, where judge and prosecuting attorney admit they will proceed, unless prohibited.-State ex rel. Burton v. Montgomery, 291 S. W. 472. 28 (Ark.) Filing of petition for removal to federal court on day of filing petition for writ prohibiting entry of decree was too late and hence unimportant in prohibition proceeding.-Winn v. Dodge, 291 S. W. 992. That petitioners for writ prohibiting entry of decree filed petition for removal of cause in which rendered to federal court cannot be considered. Id. PROMISSORY NOTES. V. RIGHT OF WAY AND OTHER INTERESTS IN LAND. 82(2) (Ky.) On conveyance by railroad of land granted for certain purposes, land was abandoned and reverted to grantor's successors.-Barton v. Jarvis, 291 S. W. 38. Attempt to convey by railroad is conclusive evidence of intent to abandon ground conveyed to it for definite purpose.-Id. 82(5) (Ky.) When purposes for which land was conveyed to railroad are abandoned, land reverts.-Barton v. Jarvis, 291 S. W. 38. X. OPERATION. (C) Companies and Persons Liable for In juries. 259(6) (Mo.App.) Railroad. leasing track (F) Accidents at Crossings. 307 (4) (Tex. Civ.App.) Railroad held not negligent in failing to have watchman at crossing, unless it knew of dangerous_condition.Galveston, H. & S. A. Ry. Čo. v. Burr, 291 S. W. 299. 334 (Ky.) Automobile driver is not contributorily negligent for error of judgment in escaping from danger created by railroad's negligence.-Thurman v. Kentucky Traction & Terminal Co.. 291 S. W. 1037. 338 (Tex.Civ.App.) Contributory negligence of pedestrian held immaterial, where train fireman discovered peril in time to avoid injury. -Galveston, H. & S. A. Ry. Co. v. Wagner, 291 S. W. 664. Fireman, discovering danger to pedestrian, must use every means to stop train.-Id. 346(1) (Tex.Civ.App.) Pedestrian, injured by car door of passing freight train, must show railroad's negligence.-Texas & P. Ry. Co. v. Greene. 291 S. W. 929. 346 (3) (Tex.Civ.App.) Pedestrian's injury by car door of passing freight train raised inference of negligence under rule of res ipsa loquitur.-Texas & P. Ry. Co. v. Greene, 291 S. W. 929. mm 348 (4) (Tex.Civ.App.) Evidence held to support finding of railroad's negligence in moving cars without warning pedestrian.-Davis v. Hill, 291 S. W. 681. 350(1) (Tex.Civ.App.) Liability of railroad company for death of pedestrian held for jury.Davis v. Hill, 291 S. W. 681. 350(1) (Tex.Civ.App.) Railroad's negligence in operating freight car in condition permitting door to swing outward and strike pedestrians held for jury.-Texas & P. Ry. Co. v. Greene, 291 S. W. 929. 351 (2) (Ky.) Instruction that failure of guests in automobile to use ordinary care to avoid interurban car would bar recovery held proper under evidence.-Thurman v. Kentucky Traction & Terminal Co., 291 S. W. 1037. RAPE. II. PROSECUTION AND PUNISHMENT. (A) Indictment and Information. 27 (Ky.) Indictment for carnally knowing female under 18, not alleging defendant was over 21, charged misdemeanor only.-Alderson v. Commonwealth, 291 S. W. 1012. (B) Evidence. 44 (Tenn.) Excluding testimony that defendant, contending illicit relations were voluntary, had, prior to accusation, discussed relations with witness, held error.-Sutton v. State, 291 S. W. 1069. 48(1) (Tex.Cr.App.) Introduction of prosecutrix's statement, on reaching home after assault, that defendant tried to rape her held not error.-Taylor v. State, 291 S. W. 904. 53 (3) (Tex.Cr.App.) Evidence held not to show that accused had specific intent necessary to sustain conviction for assault with intent to commit rape.-Williams v. State, 291 S. W. 893. 54(1) (Tex.Cr.App.) Evidence held insufficient to support conviction for assault to rape. -Munoz v. State, 291 S. W. 550. (C) Trial and Review. 59(4) (Ky.) In trial of boy under 21 for having sexual intercourse with female under 16, instruction under statute held error (Ky. St. Supp. 1926, § 1155, subds. 2, 5).-Bertram v. Commonwealth, 291 S. W. 358. 59(20, 21) (Ky.) Indictment for carnally knowing female under 18, not alleging defendant was over 21, charged misdemeanor only, and felony instruction was error.-Alderson v. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (D) Sentence and Punishment. 64 (Tex.Cr.App.) 20-year penitentiary sentence for statutory rape should be reformed to not less than 5 nor more than 20 years (Code Cr. Proc. 1925, art. 847).-Ables v. State, 291 S. W. 554. REAL ACTIONS. See Ejectment; Partition; Quieting Title; Trespass to Try Title. RECEIVERS. II. APPOINTMENT, QUALIFICATION, AND TENURE. 59 (Ky.) Order appointing receiver cannot be attacked in independent action to recover damages for failure properly to carry out receivership.-Mitchell Machine & Electric Co. v. Sabin, 291 S. W. 381. IV. MANAGEMENT AND DISPOSITION OF PROPERTY. (A) Administration in General. 81 (Ky.) Creditor joining in receivership proceeding held not liable to another creditor for failure of receiver to pay royalties causing termination of lease.-Mitchell Machine & Electric Co. v. Sabin, 291 S. W. 381. (D) Sale and Conveyance or Redelivery of Property. 133 (Ky.) Judgment ordering receiver's sale, free of nonresident's claim, without proof thereof or bond, held error, where service was constructive (Civ. Code Prac. § 126, subd. 3, and § 410).-Continental Supply Co. v. Sandy River Oil Co.'s Receiver, 291 S. W. 49. V. ALLOWANCE AND PAYMENT OF CLAIMS. ing interest only from maturity.-White's Ex'r v. Manning, 291 S. W. 1026. 45(15) (Ky.) Evidence of alleged omission of provision permitting return of machines purchased, if not sold, held insufficient to warrant reformation of contract.-Brenard Mfg. Co. v. Hager, 291 S. W. 355. REMOVAL OF CAUSES. III. CITIZENSHIP OR ALIENAGE OF PARTIES. (B) Separable Controversies. 49(3) (Mo.) Foreman's failure to warn plaintiff before starting machine causing injuries was act of misfeasance, for which he was jointly liable with employer, as regards right of removal to federal court.-State ex rel. Hancock v. Falkenhainer, 291 S. W. 466. VI. PROCEEDINGS TO PROCURE AND EF. FECT OF REMOVAL. 86(5) (Mo.) Petition held to show resident foreman was jointly liable with nonresident employer for injuries precluding removal of cause.-State ex rel. Hancock v. Falkenhainer, 291 S. W. 466. 89(2) (Mo.) On issue of removal to federal court because cause is separable, issue must be determined by state law.-State ex rel. Hancock v. Falkenhainer, 291 S. W. 466. ~149 (Ky.) Court had no jurisdiction of claim not filed, though claimant had joined in Petition for removal, showing resident and motions. Continental Supply Co. v. Sandy Riv-nonresident defendant jointly liable for injuries, er Oil Co.'s Receiver, 291 S. W. 49. precluded removal to federal court.-Id. Judgment dismissing unfiled claim of one not party to proceeding is void.-Id. 151 (Ky.) Judgment sustaining claim in re- See Taxation. ceivership proceeding affirmed, in absence of REVENUE. REVIEW. record showing that claim was traversed.-Con- See Appeal and Error; Certiorari. VII. ACCOUNTING AND COMPENSATION. REVIVAL. See Abatement and Revival, 72. RISKS. 199 (Ky.) Allowance of compensation_to receiver in absence of affidavit held error (Ky. St. § 396).-Continental Supply Co. v. Sandy See Master and Servant, 217-219. River Oil Co.'s Receiver, 291 S. W. 49. Allowance of fees to receiver's attorney in absence of showing as to services, held improp- See Highways. er.-Id. RECEIVING STOLEN GOODS. ROADS. ROBBERY. 26 (Ky.) Evidence in robbery prosecution 8(4) (Tex.Cr.App.) That one receiving stol-held sufficient to go to jury.-Meredith v. Comen property knew it was stolen may be implied monwealth, 291 S. W. 745. from circumstances.-Sears v. State, 291 S. W. 547. Evidence held sufficient to show that one receiving stolen property knew that it had been stolen.-Id. RECORDS. SALES. See Judicial Sales: Taxation, ~614-674; Vendor and Purchaser. I. REQUISITES AND VALIDITY OF CONTRACT. See Appeal and Error, 494-716; Criminal 482 (Mo.App.) Sale of registered automoLaw, 1086-1126. REFORMATION OF INSTRUMENTS. II. PROCEEDINGS AND RELIEF. 45(2) (Ky.) Evidence to warrant reformation of contract must be clear and convincing, and establish mistake beyond controversy.Brenard Mfg. Co. v. Hager, 291 S. W. 355. 45(7) (Ky.) Evidence held insufficient to show mutual mistake in executing deed requiring interest only from maturity.-White's Ex'r v. Manning, 291 S. W. 1026. bile without assignment of certificate of title is void (Motor Vehicle Act, § 18).-Quinn v. Gehlert. 291 S. W. 138. 482 (Tex.Com.App.) Failure to deliver bill of sale on transfer of secondhand automobile, as required by statute, held not to avoid sale (Pen. Code 1925, arts. 1434, 1435).-Sabine Motor Co. v. W. C. English Auto Co., 291 S. W. 1088, reversing judgment (Civ. App.) 283 S. W. 224. II. CONSTRUCTION OF CONTRACT. 45(8) (Ky.) Evidence held insufficient to 81 (2) (Tex.Civ.App.) Delivery under conshow mutual mistake in executing note requir-tract for purchase and sale of commodity must 959. be in reasonable time, when no date is speci-33 (Mo.) Statute held to require consolidatfied.-Border Rubber Co. v. Turney, 291 S. W. ed school district of certain area "or" enumeration of children, not both (Rev. St. 1919, § 11258 [Laws 1913, p. 722, § 21, and as re-enacted by Laws 1925, p. 331).-State ex inf. Gentry v. Lamar, 291 S. W. 457. 88 (Ark.) Court must determine whether unambiguous contract is one of purchase and sale or of agency.-Furst & Thomas v. Hartzell, 291 S. W. 828. Whether contract for disposal of plaintiffs' goods to consumers was contract of agency or contract of purchase and sale held for jury.-Id. School district organization acts, fixing minimum requirement of both enumeration and area, held inapplicable to consolidation of districts (Rev. St. 1919, § 11258, as re-enacted by Laws 1925, p. 331).-Id. 38 (Mo.) Election to form consolidated school district held not invalidated by county superintendent's failure to call it within statutory time; provision being directory (Rev. St. 1919, § 11259, as amended by Laws 1921, 654)-State ex inf. Gentry V. Lamar, 291 S: W. 457. V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 212 (Tex.Com.App.) Under contract by grower to sell to hay association all hay grown during certain years, sale was complete when hay was stored in barn.-Texas Hay Ass'n v. Angleton State Bank, 291 S. W. 846, reversing judgment (Civ. App.) Angleton State Bank v. (C) Government, Officers, and District Texas Hay Ass'n, 285 S. W. 911. Meetings. Contract to sell growing hay was sale when 47 (Tex.Civ.App.) Legislature held to have hay was stored, even though grower could mort-placed educational affairs under jurisdiction of gage crop upon notifying buyer.-Id. department of education, under statute (Rev. Contract to sell all hay grown was sale when St. 1925, arts. 2656, 2657).-Johnson v. City of hay was stored, even though contract, permit- Dallas, 291 S. W. 972. ted seller to sell neighbors what they needed.48(3) (Ky.) Under statute providing that board should appoint county superintendent for term not exceeding four years, appointment for two years was valid (Acts 1920, c. 36, c. 10).-Caudill v. Bowen, 291 S. W. 44. -Id. Hay stored in warehouse of grower who had sold all hay grown to hay association could not be attached by one suing grower, since title had passed to association when hay was stored. -Id. VII. REMEDIES OF SELLER. (E) Actions for Price or Valne. 359(3) (Ark.) Verdict for purchase money due held supported by evidence, as against contention that plaintiff agreed to accept other goods in part payment.-George E. Shelton Produce Co. v. Lena Lumber Co., 291 S. W. 430. (F) Actions for Damages. 377 (Tex.Civ.App.) General allegation of damage held sufficient in seller's suit against buyer for refusing to accept goods.-Border Rubber Co. v. Turney, 291 S. W. 959. VIII. REMEDIES OF BUYER. (D) Actions and Counterclaims for Breach of Warranty. Where county superintendent's term expired in 1923, her successor had to be elected in 1923, and only members of board then in office had power to elect (Acts 1920, c. 36, § 10; Acts 1922, c. 39; Acts 1924, c. 52).—Id. One reappointed county superintendent for four years under statute limiting term to four years held entitled to office during term of aplimiting term of two years (Acts 1920, c. 36, § pointment, notwithstanding amended statute 10; Acts 1924, c. 52) --Id. 53(4) (Tex.Civ.App.) Trustees of independent school district, selected pursuant to election ordered outside district in disregard of regularly held election, held not entitled to office.-Keyker v. Watson, 291 S. W. 957. (D) District Property, Contracts, and Li abilities. 85 (Ky.) Board of education was responsi 445(5) (Ky.) In truck company's action ble for materials furnished on its orders, after against dealer, evidence, failing to show return undertaking to complete schoolhouse which confailed to of defective axle as required by contract, held tractor complete.-Knott County insufficient to go to jury on counterclaim. Board of Education v. Martin, 291 S. W. 1062. Williams v. Dearborn Truck Co., 291 S. W. 86(2) (Ky.) Board of education was not 388. responsible for building materials furnished as446(1) (Ark.) Instruction to find for plain-sociation which contracted to build schooltiff for sale price, if apple juice sold for vine-house.-Knott County Board of Education v. gar making was reasonably suitable for vinegar Martin, 291 S. W. 1062. making, held not error.-O. L. Gregory Vinegar Co. v. National Fruit Canning Co., 291 S. W. 58. SCHOOLS AND SCHOOL DISTRICTS. (A) Establishment. School Lands and General. 20 (Tex.Civ.App.) Appeal to higher department of education officials from order of local board of education held condition precedent to remedy in court (Rev. St. 1925, arts. 2656, 2657).-Johnson v. City of Dallas, 291 S. W. 972. (B) Creation, Alteration, Existence, and Dissolution of Districts. 22 (Tex.Civ.App.) Legislature could empower trustees to organize rural high school by annexing common school districts, as legislative power regarding school districts is plenary (Rev. St. 1925, arts. 2922a-29221; Const. art. 7. § 3, and art. 11. § 10).-County School Board of Angelina County v. Homer Common School (E) District Debt, Securities, and Taxa tion. on 90 (Mo.) Directors borrowing money own credit in excess of district's power to borrow could not recover therefor against district. though money was used to complete school building (Const. art. 10, § 12).-Strickler v. Consolidated School Dist. No. 1 of Knox County, 291 S. W. 136. Constitutional limitation on district's borrowing power prevented district's binding itself to repay loan of directors (Const. art. 10, § 12).-Id. School directors, advancing money in excess of district's borrowing power to complete school, could not have title vested in them to part for which they paid (Const. art. 10, § 12). -Id. Directors advancing money to complete schoolhouse, where district's borrowing power had been exhausted, held mere volunteers.-Id. 110 (Ark.) Taxes distributed to and consumed by school district cannot be recovered by district entitled thereto.-Lepanto Special School Dist. v. Marked Tree Special School 1185 For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER Rule that taxes consumed by school district (H) Pupils, and Conduct and Discipline of Schools. duty to prevent injury.-Mallory S. S. Co. v. 132(5) (Tex.Com.App.) Steamship com- SPECIAL LAWS. 158(1) (Tex.Civ.App.) Requiring vaccina- SENTENCE. See Criminal Law, 982-998. SEPARATE PROPERTY. See Husband and Wife, 138-171, SEQUESTRATION. 20 (Tex.Civ.App.) Where irregularities on SPECIFIC PERFORMANCE. IV. PROCEEDINGS AND RELIEF. 115 (Mo.) Defendant's pleading in eject- STATES. II. GOVERNMENT AND OFFICERS. See Frauds, Statute of. STATUTE OF LIMITATIONS. 21 (Tex.Com.App.) Persons contributing as 61 (Tex.Com.App.) Sheriff removing pris: Sheriff serving subpoenas on witnesses in nu- III. POWERS, DUTIES, AND LIABILITIES. STATUTES. For statutes relating to particular subjects, see 1. ENACTMENT, REQUISITES, AND VA- 64(10) (Tex.Com.App.) Statute so far as II. GENERAL AND SPECIAL OR LOCAL LAWS. 76 (6) (Tex.Com.App.) Charter and ordi- III. SUBJECTS AND TITLES OF ACTS. 79 (Ky.) Deputy sheriff held to have duty109 (Ky.) Any provision of statute relat- 291 S. W. 1. na 98(5) (Tex.Com.App.) Sheriff, taking prop- 152 (Tenn.) Defendant cannot recover pen-Apparatus Co., 291 S. W. 782. SHIPPING. VII. CARRIAGE OF GOODS. 128 (Tex.Com.App.) Steamship company is IV. AMENDMENT, REVISION, AND CODIFI- 146 (Tex.Com.App.) Invalidity of statute |