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"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
by the State. 1903, ch. 258, secs. 8 and 16
4. Holder of negotiable instrument defined. 1899, ch. 94,
sec. 52.....

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
items and amounts in dollars and cents; mere figures
without more are insufficient, and render the tax sale
void. 1889, ch. 435, sec. 55

......

......

150

156

8. Costs adjudged against a county in a tax suit are not re-
quired to be certified by the district attorney and presid-
ing judge. 1897, ch. 29, sec. 1
9. Statute making tax assessor liable for costs on account
of double assessment does not apply to assessment pre-
vious to its enactment; remedy against tax assessor for
costs on account of double assessment is not exclusive,
and county is liable, when. 1891 (ex. ses.), ch. 26, sec.
18
... 156
10. Statute exempting State, county, or city from costs in
tax suits does not apply to dismissal for double assess-
ment, when; and the provision applies to deliquent tax-
es for 1894 and 1895 only. 1901, ch. 174, secs. 75 and 78;
1895, ch. 120, sec 80

........

.......

.....

11. City board of education enumerators of scholastic popu-
lation are the agents of the city. 1873, ch. 25, secs. 2 and
51; 1885 (ex. ses.), ch. 8, secs. 63, 64, and 66
12. Statute authorizing improvement districts in a city, and
special assessments to pay for the local improvements,
is constitutional. 1905, ch. 278
13. Collection of collateral inheritance and succession tax is
barred by the statute of limitation of five years, and the
statute of limitation of six years is not applicable. 1885,
ch. 24; 1893, ch. 174

......

14. Dissolution of educational corporation by conveyance of
its property and franchises to another educational cor-
poration, for the payment of its debts, after which it can-
not sue, when. 1875, ch. 142

156

175

185

234

238

266

15. Surrender of charter and dissolution of a corporation is
not rendered void as a combination, because induced by
a competing corporation, when. 1903, ch. 140
16. County judge, or chairman of the county court, has all
the jurisdiction belonging to the county court, except
what is devolved upon the quarterly court. 1889, ch. 153. 303
17. Notice of lien against a railroad must be given by the
claimant himself, and not by the assignee of the claim.
1891, ch. 98

309

18. Statute limiting suit for usury to two years construed.
1903, ch. 439

349

ACTS CITED AND CONSTRUED-Continued.

19. One diagnosing diseases by microscopic examination of
blood, and treating patients with electric arc lights, is
not an optician, when. 1901, ch. 78, secs. 1, 18, and 19 427
20. One is engaged in the practice of medicine in the sense
statute prohibiting the same without a license, when,
1901, ch. 78, secs. 1, 18, and 19

.......

427

21. Statute requiring a prescribed license for the practice of
medicine is constitutional and valid. 1901, ch. 78........ 427
22. Stock laws applicable to Rhea county construed. 1903,
ch. 177; 1905, ch. 316 ...

445

....

23. Master's obligation to furnish safe working places in
mines cannot be delegated so as to escape liability. 1881,
ch. 170, sec. 8
24. Employment of competent mining boss does not exoner-
ate the mining operator from the negligence of such boss.
1881, ch. 170, sec. 8. But see Acts 1901, ch. 37.....
25. Statute requiring bond of a contractor of public works
to protect materialmen and laborers construed on sever-
al points. 1899, ch. 182

543

543

.....

26. No inquisitorial power in respect to the violation of liq-
uor dealer's oath. 1865, ch. 29
27. Provision in statute omitted in the Code is inoperative.
1845-46, ch. 90, sec 4.

639

725

......

725

ADMINISTRATION.

....

1. Jurisdiction for sale of lands to pay debts of decedents in
chancery and circuit courts, and concurrent in county
court....

596

2. Suggestion of insolvency is not effective or operative,
unless publication is made ...

......

3. Jurisdiction in chancery to sell lands to pay debts, though
estate is worth less than one thouand dollars, where
there has been no suggestion of insolvency and publi-
Ication thereof

......

3. Realty and personalty specifically willed must contribute
equally to the payment of debts

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

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2. Affirmance will not be rested on the recitals in a chan-
cery decree

.......

560

.... 560

588

3. Statute denying appcal from city court judgments not ex-
ceeding ten dollars is not unconstitutional

ARSON.

1. Sufficient description of property in indictment

722

......

722

2. Not necessary to allege value of building, when
ASSAULT WITH INTENT TO COMMIT MURDER IN THE FIRST
DEGREE.

.....

1. Indictment for, includes what offenses
2. Verdict of "guilty as charged" is sufficiently certain,

357

357

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That there is no evidence to sustain the judgment raises
question of fact and law

125

ATTORNEY FEES.

Breach of covenant against incumbrances does not entitle
the covenantee to counsel fees as damages

....

1

BANKRUPTCY.

1. Liens obtained by legal proceedings within four months
before, are void ..

494

2. Trustee is entitled to proceeds of attached property, if it
is still in the hands of the officer making the sale....... 494
3. Attaching creditor cannot hold, if proceeds were received
by him before the petition was filed

494

BANKS AND BANKING.

1. Negligence in drawee bank to pay forged check, when
2. Check payable to a certain person or bearer need not be
indorsed, nor need the holder be identified, and not neg-
ligence for failure to require identification

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3. Drawee bank paying forged check is estopped to deny the
genuineness of the signature of the drawer as against a
prior indorser

...... ......

64

64

.... 64

4. Drawee bank, by accepting check, becomes the guarantor
thereof

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