II.

OPINIONS NOT REPORTED.

Nance v. Polk; appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; affirmed December 21, 1914, per McCulloch, C. J.

Winter . Humble; appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; reversed December 21, 1914, per Wood, J.

Chicago, R. I. & P. Ry. Co. v. Hawkins; appeal from Saline Circuit Court; W. H. Evans, Judge; affirmed December 21, 1914, per Wood, J. Lee v. State; appeal from Union Circuit Court; C. W. Smith, Judge; affirmed January 4, 1915, per Wood, J.

First National Bank of Corning v. McNeill; appeal from Clay Chancery Court, Western District; Charles D. Frierson, Chancellor; affirmed January 4, 1915, per Wood, J.

Glover v. State; appeal from Pulaski Circuit Court; Robert J. Lea, Judge; affirmed January 11, 1915; per Hart, J.

Lee v. State; appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; affirmed January 18, 1915; per Wood, J.

Cox v. State; appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; affirmed January 25, 1915; per Smith, J.

Avant v. State; appeal from Crittenden Circuit Court; W. J. Driver, Judge; affirmed February 1, 1915; per Hart, J.

III.

CASES DISPOSED OF ON MOTION.

J. H. Adams, G. H. Adams and L. H. Adams v. J. R. Jackson; Ouachita Circuit Court; Charles W. Smith, Judge; affirmed under rule 7, December 21, 1914; per curiam.

Sam A. Clark & Company v. M. Baum; Washington Circuit Court; J. S. Maples, Judge; appeal dismissed on appellee's motion January 18, 1915, the same not having been granted by the clerk within one year from rendition of judgment by the lower court; per curiam.

Chicago, Rock Island & Pacific Railway Company v. W. L. George, administrator of the estate of John Merriwether, deceased; Perry Circuit Court; W. G. Hendricks, Judge; settled, and appeal dismissed on appellant's motion, January 18, 1915; per curiam.

A. P. Gunther r. Fort Smith Cotton Oil Company; Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; appeal dismissed for noncompliance with rule 9, February 8, 1915; per curiam.

INDEX

ACCOUNT:

effect of failure of defendant to plead or deny the correctness of an
account in an action thereon, after a demurrer to the complaint
has been overruled. Stiel & Co. v. Ide & Co., 244.

ACTIONS:

what constitutes a penal action. State ex rel. Attorney General v.
Arkansas Cotton Oil Company, 74.

what constitutes a remedial action. Id.

ground for transfer to equity. Rogers v. Ogburn, 233.

actions in which a husband and wife are joint plaintiffs may be
consolidated under the act of May 11, 1905, p. 798. Little Rock
Gas & Fuel Co. v. Coppedge, 334.

effect of erroneous transfer from law to equity, where a proper
judgment is rendered by the chancery court. Eagle v. Oldham,
565.

ADMINISTRATION:

jurisdiction of probate court to adjust partnership accounts be-
tween an executor or administrator of the deceased and his sur-
viving partner. Fowler v. Frazier, 350.

ANIMALS:

right of owner to recover for negligent killing of dog. Taylor v.
St. Louis, I. M. & S. Ry. Co., 47.

liability of railroad for transporting tick infected cattle into quar-
antined territory. St. Louis, I. M. & S. Ry. Co. v. Campbell, 119.
in criminal prosecution admissibility of evidence of performance
of bloodhounds. Holub v. State, 227.

liability of principal where plaintiff is bitten by a vicious dog in the
custody of its agent. Holt et al., Receivers, v. Leslie, 433.
liability for injuries done by a vicious dog kept with knowledge
of its vicious habits. Id.

liability and duty of bailee of vicious dog. Id.

sale of stallion with guarantee as to breeding qualities. Holland
Banking Co. v. Hearn, 238.

stallion as nuisance to neighbor of owner. Jackson v. Columbia
'County, 386.

APPEALS:

where appellant's amended complaint is stricken out as to appellee,
the order is a final judgment from which an appeal may be taken.
Hastings v. United States Fidelity & Guaranty Co., 220.

order of probate court granting an appeal to the circuit court, is
jurisdictional. Williams v. Bowen, Executor, 266.

appeal from probate court, failure to file affidavit or petition for;
waiver. Id.

prosecuting an appeal by the defendant from a justice to the circuit
court operates as a general appearance, and waives the want of
process or any defect therein. Linn-McCabe Co. v. Williams, 307.
agreement of council as to bill of exceptions, when complete.
Hodges v. Collision, 420.

APPEAL AND ERROR:

failure to abstract record as to measure of damages; practice
where cause is reversed. Hall v. Gage, 50.

presumption of court where appellant fails to abstract the record.
Crane v. Jackson, 100.

assumption of risk, harmless error in instruction on issue of.
Jones & Harrington v. Scott, 108.

right of court in prosecution for larceny, to refuse to give a re-
quested instruction after having read the statute to the jury.
Lucius v. State, 260.

objection to wording of an instruction must be made specifically.
Garretson-Greeson Lumber Co. v. Goza, 277.

effect of submission by the court, of issues not supported by any
proof. St. Louis, I. M. & S. Ry. Co. v. Middleton, 284.

effect of failure to state ground for motion for a new trial, in the
motion. Linn-McCabe Co. v. Williams, 307.

chancery cases are tried de novo on appeal. Dyer v. Dyer, 487.
force given to finding of chancellor on question of fact, on appeal.
Id.

in an action for damages caused by negligence, right of court in
instructing the jury to read from the statutes. St. Louis, I. M. &
S. Ry. Co. v. Elrod, 514.

effect of erroneous transfer to equity, where a proper judgment is
there rendered. Eagle v. Oldham, 565.

AUTOMOBILES:

corresponding rights of automobiles and teams to the use of pub-
lic highways. Butler v. Cabe, 26.

duty of drivers of automobiles with reference to frightening ani-
mals on public highways. Id.

BANKS AND BANKING:

liability of stockholders of bank receiving deposit of funds belong.
ing to a public school district. Black v. Special School Dist. No.
2, 472.

BIGAMY:

in prosecution for crime of, testimony of minister who performed
the second marriage is admissible, when. Tanner v. State, 452.
proof of authority of justice of the peace to perform the first
marriage. Tanner v. State, 452.

right of wife of bigamous marriage to dower. Cooper v. McCoy, 501.

BILLS AND NOTES:

certified check; right to stop payment, on. Merchants & Planters
Bank of Camden v. New First National Bank of Columbus, O., 1.
effect of certification of a check; duty of drawee bank. Id.
rights of bona fide purchaser of check payable at a future date. Id.
rights of bona fide purchaser of certified check. Id.

liability of endorser of note before delivery to payee. Hodges v.
Collision, 420.

authority of officer of corporation to execute negotiable paper.
C. L. Kraft & Co. v. Grubbs, 520.

BILL OF EXCEPTIONS:

signature of judge may be dispensed with, when. Hodges v. Col-
lison, 420.

BLOODHOUNDS:

admissibility of evidence of performance of, when pursuing per-
son charged with the commission of a crime. Holub v. State, 227.

BROKERS: See REAL ESTATE BROKERS.

CERTIORARI:

is the appropriate method of bringing up for review, the record of
the circuit court in an action contesting a county seat election.
Bowden v. Webb, 310.

CIRCUIT COURTS: See CIRCUIT JUDGES.

creation of a new circuit, causes a vacancy in the office of judge,
when. State ex rel. Wood v. Cotham, 36.

CIRCUIT JUDGES:

tenure of office. State ex rel. Wood v. Cotham, 36.

vacancy in office of, when created, and how filled. Id.
term of office of, under the Constitution of 1874. Id.

Eighteenth Judicial Circuit; term of office of judge of. Id.

may exercise what judicial powers, in vacation. Bowden v. Webb,
310.

CONDEMNATION:

necessity for deposit in court. Fort Smith & Western Rd. Co. v.
Hare, 10.

money deposited in condemnation proceedings, is subject to the
court's order. Id.

where money is deposited in condemnation proceedings, effect of
improper application thereof. Id.

CONFLICT OF LAWS:

where sale of personal property is made in another State with
delivery to take place here, what law governs. Summers, Re-
ceiver, v. Carbondale Machine Co., 246.

right of foreign guardian of nonresident ward to sell ward's real
estate in this State. Landreth v. Henson, 361.

domicile of infant whose parents are dead, how determined. Id.
domicile of infant may be changed, how. Id.

jurisdiction of foreign court granting a divorce to a wife to award
Idower in lands of husband in this State. Kendall v. Crenshaw,
427.

CONTRACTS:

effect of marriage on contract between the parties. McKie v. Mc-
Kie, 68.

construction of repugnant clauses. English v. Shelby, 212.
repugnancy between general and special provisions. Id.

construction, admissibility of evidence of contemporaneous agree-
ment. Id.

rescission of contract for exchange of lands on the grounds of mis-
representations. Loveless v. Davis, 443.

parol agreement to convey lands, not enforceable, when. Dyer v.
Dyer, 487.

an agreement between the insured and the beneficiary in a life
policy, held to be a wagering contract, when. Langford v. Na-
tional Life & Accident Co., 527.

where a note is given to secure a debt, it will
dence of the same, when, and to what extent.
Ventilator Co. v. Hutton, 545.

be treated as evi-

The J. K. Siphon