examination at the hands of the insurance commissioner will apply to compel the appellee association, representing an aggregation of insurance companies in conducting their business, to submit its books and papers to him for examination.
We, therefore, conclude that the Insurance Commissioner had a right to make the examination of the appellee's books and papers demanded by him, and that it was the duty of appellee to submit them to such examination.
For the reasons indicated, the judgment is reversed and cause remanded, with direction to the lower court to enter such judgment as will conform to the opinion. Whole court sitting.
ACCOMPLICE-See Criminal Law, 1—
Unsupported Testimony of an Accomplice.-An accessory cannot
be convicted on the unsupported testimony of an accomplice,
and the corroboration is not sufficient if it merely shows that
the accomplice committed the offense and does not connect
the defendant with it. Deboe v. Commonwealth..
Evidence.-Williams sued Justice upon an account and the latter
interposed an answer, set off and counter claim which the
court dismissed and rendered judgment on the account sued on.
Held, that the evidence justified the finding of the chancellor.
Justice v. Williams.
ACKNOWLEDGMENT-See Mortgages, 3.
ACTIONS-See Counties; Misjoinder; Timber, 3, 4.
ADVANCEMENTS-See Mortgages, 1; Wills, 3, 4.
ADVERSE POSSESSION-See Land.
AFFIDAVIT-See Continuance.
AGENCY-See Agents; Principal and Agent-
Single Act of Bringing Buyer and Seller Together-Violation
of Anti-trust Statute.-The mere fact that one who brings
a buyer and seller together in a single transaction, though
he receives pay therefor, does not thereby become an agent
for the seller in other and different matters. No claim is
made that there is any evidence of a continuing or even spor-
adic course of dealing between the parties, on the contrary in
this single transaction a commission was paid, for the aid
and information given. Good Roads Machinery Company v.
Commonwealth
690
Specific Contract.-It is not the presence or absence of a spe-
cific contract of agency or a specific execution of a commis-
mission of agency, but the acts and facts proven in each par-
ticular case which determine the existence or non-exist-
ence of the agency. Idem..
AGENTS-CONTRACT WITH-See Agency-
Contract With Real Estate Agent-Construction of.-A real
estate agent had for sale a coal yard owned by M. C., the
owner of a farm said to the agent "if you will sell my farm,
I will buy the coal yard," nothing being said about commis-
sion for selling the farm; afterwards, the agent succeeded in
selling C's farm to M. and C. bought the coal yard; Held,
the agent was not entitled to recover commissions from C.,
as the only obligation that C. assumed was to buy the coal
yard in the event the agent sold his farm, and this he did.
Gudgel v. Cook .
Implied Contracts.-When the owner of property places it in
the hands of an agent for sale, and through his agency it is
sold, the law in the absence of an express contract will imply
a promise upon the part of the owner of the property to pay
the agent the usual compensation for such service. Idem.... 439
Agent for Both Parties.-The rule that it is against public
policy to permit an agent who is acting for both parties to re-
cover compensation against either, will not relieve a party
from paying the usual compensation who places his property
in the hands of the agent with full knowledge of the fact that
he is at that time acting as the agent of the other party to
whom the property is subsequently sold. Idem....
ANTI-TRUST STATUTE-See Agency.
APPEALS-See Bastardy Cases, 1-
1. Appeals in Criminal Cases.-A writ of error does not lie in
behalf of the Commonwealth to reverse an acquittal of the
defendant unless the right is expressly given by statute, in
the absence of express constitutional pohibition, to allow an
appeal or writ of error to the prosecution in criminal cases.
Commonwealth v. Prall ......
Constitutional Law-Former Jeopardy.—The statute giving an
appeal to the Commonwealth in penal actions and indict-
ments for misdemeanors which subject the defendant to a
fine only, and authorizing a new trial after the reversal of an
acquittal in the trial court, is not in conflict with the con-
stitutional provision that no person shall for the same of-
fense, be twice put in jeopardy for his life or limb. Idem..... 110
Jurisdiction-Does Not Relate to Possession or Interest in
Land. An appeal from a judgment for $100.00 which does not
relate to the possession, or interest in land, must be dismiss-
ed. The fact that it was for deceit in the sale of land does
not make it relate to possession or interest in land. Moreland
v. Fryar, et al.
Second Appeal.-Where the facts on the second trial are the
same as on the first trial, there being no substantial change in
the testimony, and no materially new evidence introduced, the
opinion upon the former appeal is the law of the case; and
the judgment having been then reversed because the verdict
was palpably against the evidence, it will be reversed for
the same reason upon the second appeal. Illinois Central R.
R. Co. v. Long
170
5. Error in Filing Appeals-Where Error to Dismiss Appeals-
Where the Clerk of the Circuit Court and his deputy made a
mistake in filing transcripts of appeals, the lower court was
correct in refusing to permit the record to be changed so
as to show they were filed on a certain day, but erred in dis-
missing them, as they were filed within sixty days from the
time the judgments were rendered in the County Court. Com-
monwealth, by, et al v. Evans; Same v. Warner; Same v. Fritz 229
Appeal and Error.-In equity cases where the evidence is
conflicting some weight will be given by this court to the
findings of the chancellor. Applegate, et al v. Moore......... 267
Jurisdiction-Reduction of Judgment.-Where the amount of
the judgment was reduced by the lower court to $150.00, this
court is without jurisdiction, and the appeal must be dismiss-
ed. Cumberland Telephone & Telegraph Co. v. Curtis, et al... 286
The Court of Appeals can not review a judgment of the Cir-
cuit Court from which no appeal has been taken. First State
Bank of Nortonville v. Morton, et al......
... 288
Appeals from County Courts to Circuit Courts.-Where the
party appealing from the judgment of a county court produces
to the clerk of the Circuit Court within sixty days there-
after, a certified copy of the judgment of the county court,
and the amount of costs, as required by section 724 of the
Civil Code, the appeal is taken in time. Commonwealth, by,
et al v. Thompson
10. Court Records-Correction of.-The record
showing the date upon which the transcript of an appeal
was filed, should not be changed or corrected, in the ab-
sence of fraud, accident or mistake. Idem..
11. Jurisdiction-Contested Part of Debt Less Than $200.-The
Court of Appeals has no jurisdiction of an appeal from a judg-
ment rendered for the contested part of a debt which was
less than $200, although there had been a demurrer to the
petition which was overruled, and judgment was then ren-
dered for the uncontested part of the claim, the appeal being
taken from the judgment of the contested part. Renaker,
et al. v. Adam's Admr...
12. Former Appeal-Law of Case-Evidence.-The opinion de-
livered on the former appeal is the law of the case, and the
evidence in one aspect of the case on which it was held that
the case should go to the jury being the same as on the
former trial, the court properly refused to instruct the jury
peremptorily to find for the defendant, although on another
matter the evidence was different. New York Life Insur-
ance Company v. Evans.
13. Former Appeal-Law of Case-Burden of Proof.-The opin-
ion on the former appeal is the law of the case, and it hav-
ing been then determined that there was but one issue in the
case, and that the burden of proof on this issue was on the
defendant, the Circuit Court properly so held on the second
trial of the case under the same pleadings. Junior Order
United American Mechanics v. Ringo....
14. Dismissing Appeal-Failure to File Transcript-Provision of
Code. This appeal is dismissed because of the failure of ap-
pellant to file, as required by Section 336, Criminal Code, a
transcript of the record in the clerk's office of this court,
within sixty days after the trial court's judgment was render-
ed. Smith v. Commonwealth
15. Provision of Code Mandatory-Extension of Time for Filing
Transcript. The provisions of Section 336 are mandatory
and if, as claimed by appellant, his failure to file the trans-
cript within the required sixty days after the judgment,
was because of the inability of the clerk of the Circuit
Court to copy the record within that time, appellant's rem-
edy was to ask of this court an extension of time beyond
the sixty days for filing the transcript, which he did not
do. Idem
ARSON-See Criminal Law, 9.
ASSUMED RISK-See Master and Servant, 1-15.
ATTORNEYS-See Husband and Wife, 9; Infants, 1, 2—
Argument of Counsel.-Argument of counsel should be confined
to the law and facts. It is improper for a county attorney
to urge the jury to find for the county in order to save the
money of the county and their money as taxpayers. Cherry
Bros. v. Christian Co... . .
Action Upon Warranty-Evidence-Witnesses Not Experts.-In
an action by the purchaser of an automobile against the
company, upon a warranty, while the witnesses that appear-
ed for the plaintiff were not expert machinists, they had all
had some experience in handling machines like the one
complained of, and it was proper to allow the jury to hear
and accept their testimony for what it was worth. E. M.
F. Company v. Davis
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