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out then drawing the names as

provided in the rule. Id.
4. Venire will not be quashed be-

cause sheriff did not
the jurors in strict accordance
with Civil Code 1902, sec. 2923,
conceding that it was rendered
applicable by Civil Code 1912,
sec. 4026. State v. Tidwell, 84

S. E. 778, 100 S. C. 248.
5. A town's chief of police, not

having witnessed defendant's
disorderly conduct, but merely
started him to the guardhouse
for refusal to give bail, held
not disqualified by bias to make
up the jury list. State
Byrnes, 84 S. E. 822, 100 S. C.
230.

V.

JURISDICTION.

LANDLORD AND TENANT.

1. Where a Court having jurisdic-

tion of the subject matter has
acquired jurisdiction of the per-
son, it retains such jurisdiction
notwithstanding the subsequent
imprisonment of defendant in
the State prison; and such de-
fendant waives his right to ap-
pear by guardian ad litem, by
neglecting to apply for such
appointment, and after his re-
lease from imprisonment ap-
pearing by counsel and contest-
ing the action upon its merits.
('obb v. Garlington, 81 S. E. 302,
100 S. C. 51.

JURY.

See New Trial.

1. A tenant by the month with

the privilege of substitution is
liable for the rent for the en-
tire month, where the landlord
objected to the substituted ten-
ant, and no tender was made of
the rent due after the substitu.
tion. Walker v. Spartanburg
Realty Co., 84 S. E. 869, 100 S.

C. 308.
2. Property may be distrained for
rent when possession can

be
peaceably acquired, and, when
so acquired, the tenant cannot
forceably retake the property.
McC'raw v. killian, 84 S. E. 868,

100 S. C. 320.
3. Where a lessor reserved a rent

lien und before the rent was due
the land was sold under fore-
closure, the reni lien passed to
the purchaser. Ex parte Owens,

81 S. E. 875, 100 S. C. 324.
4. Where before rent became due,

the land was sold under fore-
closure, the purchaser became
entitled to the entire rent

re-
served. Id.
5. In an action by a mill employee

for wrongful dispossession from
a millhouse, testimony by the

1. Excusing from the panel jurors

who stood up when the Court
asked if any were in defendant's
employ held in the discretion of
the Court. Yarborough v. Co-
lumbia Ry., Gas and Electric

Co., 84 S. E. 308, 100 S. C. 33.
2. Under Civil Code 1912,

4023, where a sheriff served all
those named in a venire who
could be found, Court, after the
panel was exhausted, held war-
ranted in directing the issuance
of a venire for additional ju-

State v. Tidwell, 84 S. E.
778, 100 S. C. 218.

sec.

rors.

1

Jims v. A. C. L. R. R. Co., 85
S. E. 372, 100 S. C. 375.

LEGISLATIVE JOURNALS.

a

1. Resolutions in Senate Journal

held, in effect, to declare that
record of previous day was
mistake, and to correct such
mistake, and hence the journal
did not show confirmation of
appointment. State v. Tollison.

84 S. E. 819, 100 S. C. 165.
2. In determining from its jour-

nal what was or was not done
by the Senate, the journal must
be considered as a whole, as any
other record would be. Id.

sec.

LICENSEES.

by another that she paid the
rent for plaintiff is admissible
if proof of the payment of rent

was competent. Id.
7. In an action for wrongful

eviction of a mill employee from
a mil.house, evidence that other
families which furnished only
on hand occupied similar houses
held admissible to contradict
evidence of a company rule to

the contrary. Id.
8. Under Civil Code 1912,

3509, giving a tenant wrongfully
discharged an action for dam-
ages against a landlord, puni-
tive damages may be allowed.

Id.
9. A purchaser of lands at a judi-

cial sa e acquires the rights to
all rents maturing, and becom-
ing due after the purchase. Ex
parte Owens, 84 S. E. 875, 100

S. C. 324.
10. Where landlord instituted

proceedings under Civil Code
1912, sec. 4166, to seize certain
cotton, as subject to his land-
lord's lien for rent, and this
claim being denied by a sub-
tenant, the question whether or
not the landlord had waived his
lien on half of the crop in favor
of the subtenant, was submit-
ted to a jury, and a verdict ren-
dered in favor of the landlord
for only one-half of the crop;
this was in effect a verdict in
favor of the subtenant, the pre-
vailing party, for the other half
of the crop. Baird v. Weather-
ford, 85 S. E. 59, 100 S. C. 490.

a

cars

some

1. Where an employee of con-

signee engaged in unloading
cars of coal placed by a rail-
road company on a spur track
at an industrial plant is injured
in an accident occasioned by the
from

unexplained
cause becoming uncoupled and
running off the end of the track,
and the testimony does not tend
to support the allegations that
the defendant either negligently
provided defective stop block on
the track, negligently failed to
have the cars on engine pushing
equipped with

proper
brakes, or negligently operated
the cars on the track or did
anything which caused the un-
couping of the cars, a nonsuit
was properly granted. Burford
v. S. d. L. Ry., 84 S. E. 712, 100
S. C. 177.

same

LIENS.

а

LARCENY AFTER BREACH

OF TRC'ST.
1. Evidence held sufficient to take
to the jury the question whether

partnership existed between

1. Where

landlord instituted
proceedings under Civil Code
1912, sec. 4166, to seize certain
cotton, as subject to his land-

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LOCATION.

prevailing party, for the other
half of the

crop.

Baird
Weatherford, 85 S. E. 59, 100

S. C. 490.
2. The prevailing party in pro-

ceedings for the enforcement of
agricultural liens is entitled to
recover costs, which are to be
paid out of the funds in Court,
before the net proceeds are ap-
plied to payment of the amounts
found due the parties. Baird v.
Weatherford, 85 S. E. 59, 100

S. C. 490.
8. Under Civil Code 1912, secs.

3062-3064, providing for fore-
closure of agricultural liens and
requiring the clerk to issue his
warrant and the sheriff to seize
the crop and sell it for cash and
pay over the net proceeds in ex-
tinguishment of amount due, the
officers should be paid for their
services out of the proceeds and
the balance applied to the debt

due. Id.
4. In equity and under Code Civil

Proc. 1902, sec. 326, a defendant,
in a proceeding to foreclose an
agricultural lien, who claims
one-half of the crops free from
the lien and makes out his case
and shows that he was without
fault in bringing about the liti-
gation, was entitled to his costs.
Id.

1. In a boundary suit, testimony

of plaintiff's surveyor that, if
the boundary line claimed by
defendant were projected, it
would cut off property conced-
edly belonging to plaintiff, is ad-
missible. Holden v. Cantrell, 81

S. E. 826, 100 S. C. 265.
2. Where, in a boundary suit,

plaintiff testifies as to physical
objects outside the land in dis-
pute, which was in form a tri-
angle, to show the true boundary
line, and a plat agreed upon by
the surveyors as correctly rep-
resenting the lines as claimed
by the respective parties, and
showing the physical objects tes-
tified to by plaintiff, testimony
of the surveyors as to the loca-
tion of the physical objects was

properly received. Id.
3. Though quantity, as a matter

of description, is ordinarily one
of the lowest in the scale of im-
portance, there may be circum-
stances in which it would be

controlling. lll.
4. In

action involving the
boundary line of two tracts of
land, which were part of an
original tract containing three
tracts, testimony as to the acre-
age of the three tracts is not

Id.
5. In a boundary case, admission

of testimony of surveyor that he
could not run a straight line 52
chains long through hilly wood-
land without aid of an instru-
ment is not error, as it was a
fact which needed no testimony
to prove it. Id.

an

error.

LIMITATION OF ESTATES.

1. A deed conveying land to A for

his uses and benefits, and for
the maintenance and support of
his children (he having no chil-
dren at the date of the deed)
during the term of his natural
life, and to said children imme-
diately after the death of A, to
have and to hold to the said
children, their heirs and assigns
forever, conveys the land therein

MAGISTRATES.

1. On appeal from magistrate's

Court, Circuit Court held not to
have erred in granting a

new

A

til huse testimony

Yes

not
V.

employer. Bridgman v. Southern
Bell Telephone Telegraph ('0.,

84 S. E. 711, 100 S. C. 204.
5. In an action for injuries to an

employee, a charge on the law
of fellow servant held authorized
by pleadings and evidence.
Bridgman Southern Bell
Telephone & Telegraph ('0., 84

power to direct new trial where
it was unwilling to render final

judgment for either party. Id.
3. The term “punishment" in the

constitutional provisions as to
the jurisdiction of magistrate's
Courts, does not include "for-
feitures” prescribed by the
criminal law. State v. II ondros,
81 S. E. 781, 100 S. C. 242.

MANDAMUS.

1. Mandamus will not issue to

compel a county superintendent
to honor a claim by the trustees
of a school district of another
county for the support of a
joint school, since there is an
adequate remedy by appeal to
the State board of education.
Rouse v. Benton, 81 S. E. 583,

100 S. C. 150.
2. Mandamus will not issue to

compel a county superintendent
to approve a warrant, where it
does not appear that the county
treasurer had sufficient funds to
pay it. Rouse v. Benton, 84 S.
E. 533, 100 S. C. 150.

S. E. 711, 100 S. C. 201.
6. Where contract relations exist

between an active corporation
and a passive corporation, and
where both have servants, the two
corporations may not contract
to relieve active corporation
from responsibility for injury
from its negligence to servants
of passive corporation. Carter
v. Southern Rwy.-Carolina Di-
vision, 84 S. E. 999, 100 S. C.

103.
7. Contract of Pullman employee

ratifying contracts of Pullman
company with defendant road
and agreeing to hold road harm-
less for any damages it might
have to pay him for injury, held
invalid, so that for injury from
road's negligence employee might

Id.
8. Evidence, in action for services

under contract to buy cotton
seed oil at instructed prices,
held to make rescission of con-
tract question for jury. Moore
v. Marion Cotton Oil ('0., 85 S.

E. 52, 100 S. C. 499.
9. In action for services under

contract to buy cotton seed oil
at instructed prices, evidence
held to make plaintiff's excuse
for nonperformance question for

jury. Id.
10. Where plaintiff alleged con-

tract for services, and defendant
alleged rescission, burden was
upon defendant to show rescis-

MASTER AND SERVANT.

recover.

1. A complaint alleging that plain-

tiff worked with a bridge force
as bridge carpenter on an inter-
state railroad states a cause of
action, under Federal Employ-
ers' Liability Act. Camp v. At-
lanta & C. d. L. Ry. Co., 84 S.

E. 825, 100 S. C. 294.
2. In an action by an employee

for injuries, evidence held to re-
quire submission to the jury of
the issue of employer's negli-
gence. Camp v. Atlanta 4. C. A.
L. Ry. Co., 84 S. E. 825, 100 S.

C. 291.
3. Where the issue was whether

the l.

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Hime

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law. Jims Atlantic Coast,
Line R. Co., 85 S. E. 372, 100

S. C. 375.
13. On the second trial of a death

action, defendant cannot, after
the close of plaintiff's evidence,
show, without amending, that
deceased was engaged in inter-
state commerce at his death, so
that the Federal Employers'
Liability Act was applicable.
Jims v. Atlantic Coast Line R.

Co., 85 S. E. 372, 100 S. C. 375.
14. Testimony of a servant that

he quit his master's work to at-
tend to his personal enterprise
is not prejudicial to the master.
Williams v. Columbia Mills Co.,

85 S. E. 160, 100 S. C. 363.
See Eridence. Smith v. Union-

Buffalo Mills Co., 84 S. E. 422,
100 S. C. 115.

a

MISTAKE.

or

may

1. The Court will reform an in-

strument where there is a mu-
tual mistake as to the facts on
which it is based, or as to the
stipulations therein, where
one of the parties acted under a
mistake induced by the fraud,
deceit, or imposition of the
other. Forrester v. Moon, 84

S. E. 532, 100 S. C. 157.
2. Where only one of the parties

to an instrument was under a
mistake as to the facts or stipu-
lations in the instrument, equity
will not reform it except under
very strong and extraordinary
circumstances showing imbecility
or something which would make
it a wrong to enforce the agree-
ment. Forrester v. Moon, 84

S. E. 532, 100 S. C. 157.
3. Where a grantee bargained for

the land actually conveyed by
the grantor and the grantee
acted in good faith and was in
no way responsible for an error
of the grantor who possessed
capacity, equity would not re-
form the deed at the suit of the
grantor. Forrester v. Moon, 84
S. E. 532, 100 S. C. 157.

See Chattel Mortgages.
1. Where a note secured by a

mortgage bore eight per cent.
interest, it was error to compute
interest at that rate after matu-
rity in

suit to foreclose.
Gibbes Machinery Co. v. llam-

ilton, 84 S. E. 296, 100 S. C. 57.
2. Where a lessor reserved a rent

lien and before the rent was due
the land was sold under fore-
closure, the rent lien passed to
the purchaser. Ex parte Owens,

84 S. F. 875, 100 S. C. 324.
3. Where before rent became due,

the land was sold under fore-
closure, the purchaser became
entitled to the entire rent re-

served. Ud.
4. A conveyance intended as a se-

curity for a debt is a “mort-
gage," whatever

be its
form. Bryan v. Boyd, 84 S. E.

992, 100 S. C. 397.
5. A conveyance absolute in form

is presumed to be an absolute
conveyance, and, to establish its
character as

a mortgage, the
evidence must be clear, unequivo-
cal, and convincing. Bryan v.
Boyd, 84 S. E. 992, 100 S. C.

397.
6. Evidence, in mortgagor's

action to redeem land purchased
by a mortgagee on foreclosure,
held not sufficient to show that
the sheriff's deed was a mort-
gage, so that plaintiff might re-
deem. Bryan v. Boyd, 84 S. E.

992, 100 S. C. 397.
7. A written agreement reciting

a purchase of preferred stock
and agreement by the corpora-
tion

to pay interest to the
holder on the purchase money ;
and providing that at time
named, either party might, after

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