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 ACTIONS: what constitutes a penal action. State ex rel. Attorney General v. 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 effect of erroneous transfer from law to equity, where a proper ADMINISTRATION: jurisdiction of probate court to adjust partnership accounts be- ANIMALS: right of owner to recover for negligent killing of dog. Taylor v. liability of railroad for transporting tick infected cattle into quar- liability of principal where plaintiff is bitten by a vicious dog in the liability and duty of bailee of vicious dog. Id. sale of stallion with guarantee as to breeding qualities. Holland stallion as nuisance to neighbor of owner. Jackson v. Columbia APPEALS: where appellant's amended complaint is stricken out as to appellee, order of probate court granting an appeal to the circuit court, is appeal from probate court, failure to file affidavit or petition for; prosecuting an appeal by the defendant from a justice to the circuit APPEAL AND ERROR: failure to abstract record as to measure of damages; practice presumption of court where appellant fails to abstract the record. assumption of risk, harmless error in instruction on issue of. right of court in prosecution for larceny, to refuse to give a re- objection to wording of an instruction must be made specifically. effect of submission by the court, of issues not supported by any effect of failure to state ground for motion for a new trial, in the chancery cases are tried de novo on appeal. Dyer v. Dyer, 487. in an action for damages caused by negligence, right of court in effect of erroneous transfer to equity, where a proper judgment is AUTOMOBILES: corresponding rights of automobiles and teams to the use of pub- duty of drivers of automobiles with reference to frightening ani- BANKS AND BANKING: liability of stockholders of bank receiving deposit of funds belong. BIGAMY: in prosecution for crime of, testimony of minister who performed right of wife of bigamous marriage to dower. Cooper v. McCoy, 501. BILLS AND NOTES: certified check; right to stop payment, on. Merchants & Planters liability of endorser of note before delivery to payee. Hodges v. authority of officer of corporation to execute negotiable paper. BILL OF EXCEPTIONS: signature of judge may be dispensed with, when. Hodges v. Col- BLOODHOUNDS: admissibility of evidence of performance of, when pursuing per- BROKERS: See REAL ESTATE BROKERS. CERTIORARI: is the appropriate method of bringing up for review, the record of CIRCUIT COURTS: See CIRCUIT JUDGES. creation of a new circuit, causes a vacancy in the office of judge, CIRCUIT JUDGES: tenure of office. State ex rel. Wood v. Cotham, 36. vacancy in office of, when created, and how filled. Id. Eighteenth Judicial Circuit; term of office of judge of. Id. may exercise what judicial powers, in vacation. Bowden v. Webb, CONDEMNATION: necessity for deposit in court. Fort Smith & Western Rd. Co. v. money deposited in condemnation proceedings, is subject to the where money is deposited in condemnation proceedings, effect of CONFLICT OF LAWS: where sale of personal property is made in another State with right of foreign guardian of nonresident ward to sell ward's real domicile of infant whose parents are dead, how determined. Id. jurisdiction of foreign court granting a divorce to a wife to award CONTRACTS: effect of marriage on contract between the parties. McKie v. Mc- construction of repugnant clauses. English v. Shelby, 212. construction, admissibility of evidence of contemporaneous agree- rescission of contract for exchange of lands on the grounds of mis- parol agreement to convey lands, not enforceable, when. Dyer v. an agreement between the insured and the beneficiary in a life where a note is given to secure a debt, it will be treated as evi- The J. K. Siphon |