"After an honorable career as a justice court he resumed the practice and continued of the supreme it, with the ex ception of two years' service as governor, to the end of his life. When I became judge of the circuit in which he resided, he practiced in my court, and it is due to his memory to say that no member of the bar was more observant of the rules prescribed for the conduct of the public business, no man more courteous to bench and bar, and no one more respectful to litigants and witnesses. "In 1880 he was elected governor of Tennessee and served the constitutional term of two years. He was an honorable chief magistrate of the State, he was clean in his great office, and under all circumstances he obeyed the mandate of his oath of office that he would 'see that the laws were faithfully executed.' "I attended the funeral of this eminent citizen and saw him borne to his grave by neighbors and friends with whom he had spent a long life. "I now move the honorable court that the memorial of his associates be entered on the minutes and published in accordance with their wishes." In allowing the motion and ordering the resolutions aforesaid to be spread upon the minutes of the supreme court, Chief Justice Beard, speaking for the court, said: "The distinguished service which the late ex-Governor Hawkins rendered the State in his long and varied career makes it proper that there should be preserved memorials of his character and work. It is especially proper that this be done in the records of this court, of which he was for a number of years a member. Coming to the bench, as he did, immediately after the civil war, while the jealousies and the bitterness engendered by it were still rife, yet he so bore himself that neither lawyer nor litigant, whose cause came before this tribunal, ever had occasion to question the impartiality of his rulings. It can be said of him and also of his eminent associates in this judicial work-Judges Andrews and Milligan-that when they laid off the ermine it was unstained as when it was assumed by them. "It is deemed fit, therefore, that these resolutions of the bar of West Tennessee, commemorating the life and services of ex-Governor Hawkins, should be entered of record in this court, and it is ordered that this be done." ACCIDENTS. INDEX.* 1. In an action for personal injuries, it is not permissible to show that defendant has indemnity insurance against loss by accidents caused by his negligence 605 ...... 2. Owner of wagon in charge of a skillful driver is not liable for injuries to a child thereon at driver's invitation, when 688 ACCORD AND SATISFACTION. Must be specially pleaded to be available as a defense.... 376 ACTIONS. ..... ..... 1. Joinder of causes of 172 2. Single tort can be made the basis of but one action.... 172 3. By parent for injury to minor child is not maintainable. 720 ACTS CITED AND CONSTRUED. 1. Common law in its entirety and as a distinctive system was never in force in Tennessee, but only what was in force in North Carolina. 1789, ch. 3 ....... 2. Marriage must be solemnized under the statute; common law marriages are void. 1715, ch. 1; 1715, ch. 38, sec. 15; 1741, ch. 1, secs. 1, 3, 4, and 6; 1766, ch. 9, secs. 3, 6, 7, and 8; 1778, ch. 7, secs. 3-5; 1815, ch. 47 12 12 ..... 3. Interest on United States bonds cannot be taxed as such 52 64 5. Statute against monopolies, conspiracies, combinations, and trust is declared to be constitutional and valid. 1903, ch. 140 138 .... 6. Indictment for violation of the anti-trust statute must state the terms of the agreement, the particular articles, and which are imported or of domestic growth or manufacture, when. 1903, ch. 140...... 138 *This index was prepared by R. T. Shannon, Esq., of the Nashville bar, and it affords me pleasure to acknowledge my obligation therefor.-Reporter. (749) [115 Tenn. ACTS CITED AND CONSTRUED-Continued. 7. Assessment for taxation and lists of tax sales must show ...... ...... 150 156 8. Costs adjudged against a county in a tax suit are not re- ........ ....... ..... 11. City board of education enumerators of scholastic popu- ...... 14. Dissolution of educational corporation by conveyance of 156 175 185 234 238 266 15. Surrender of charter and dissolution of a corporation is 309 18. Statute limiting suit for usury to two years construed. 349 ACTS CITED AND CONSTRUED-Continued. 19. One diagnosing diseases by microscopic examination of ....... 427 21. Statute requiring a prescribed license for the practice of 445 .... 23. Master's obligation to furnish safe working places in 543 543 ..... 26. No inquisitorial power in respect to the violation of liq- 639 725 ...... 725 ADMINISTRATION. .... 1. Jurisdiction for sale of lands to pay debts of decedents in 596 2. Suggestion of insolvency is not effective or operative, ...... 3. Jurisdiction in chancery to sell lands to pay debts, though ...... 3. Realty and personalty specifically willed must contribute AFFIRMANCE. Not rested on recitals in chancery decree AMENDMENT OF STATUTES. See Statutes. ANTI-TRUST STATUTE. See Monopolies, Conspiracies, and Trusts. 596 596 596 .... 560 APPEALS. 1. In equity cases vacate the decrees and open the whole 2. Affirmance will not be rested on the recitals in a chan- ....... 560 .... 560 588 3. Statute denying appcal from city court judgments not ex- ARSON. 1. Sufficient description of property in indictment 722 ...... 722 2. Not necessary to allege value of building, when ..... 1. Indictment for, includes what offenses 357 357 That there is no evidence to sustain the judgment raises 125 ATTORNEY FEES. Breach of covenant against incumbrances does not entitle .... 1 BANKRUPTCY. 1. Liens obtained by legal proceedings within four months 494 2. Trustee is entitled to proceeds of attached property, if it 494 BANKS AND BANKING. 1. Negligence in drawee bank to pay forged check, when 3. Drawee bank paying forged check is estopped to deny the ...... ...... 64 64 .... 64 4. Drawee bank, by accepting check, becomes the guarantor |