(B) Meetings.

198 (Tex.Civ.App.) In corporation's action on note given for stock issued, where defendant set up abandonment of business by sale of the assets, he could testify that one holding general proxy was instructed to vote against the sale. Shield v. Lone Star Life Ins. Co., 202 S. W. 211.

A general proxy does not authorize the holder to vote for sale of the entire assets.-Id.

VI. OFFICERS AND AGENTS. (D) Liability for Corporate Debts and Acts.

thority to do so does not inherently exist in any officer.-Peyton v. Sturgis, 202 S. W. 205.

425(4) (Tex.Civ.App.) Where, from inception of corporate existence, secretary-treasurer was in active and exclusive management of corporation's affairs until its assets were disposed of, corporation would be estopped to deny authority of such officer to execute a chattel mortgage to secure a note representing a preexisting corporate debt.-Peyton v. Sturgis, 202 S. W. 205.

426(9) (Mo.App.) Where it appears that of ficers of a corporation were acting for the corporation in employing an agent to sell land and it was conveyed by the corporation, the corporation is liable for the agent's commission although authority of officers was not shown.Rowland v. Progressive Inv. Co., 202 S. W. 257.

335 (Tex. Civ.App.) Corporate directors are personally liable for damages sustained by reason of insolvency of corporation, when a person is induced to extend credit by false representations, either knowingly made, or which in exercise of ordinary care the directors should 432(1) (Tex.Civ.App.) Execution of morthave known were false.-Durham v. Wichita gages by president or vice president of a corMill & Elevator Co., 202 S. W. 138. poration to secure payment of corporate debts will be presumed to be a corporate act.-Peyton v. Sturgis, 202 S. W. 205.

In an action against corporate directors by plaintiff which extended credit to corporation, though insolvent, relying on false financial statements given out to mercantile agencies, recovery cannot be defeated because credit was not wholly extended in reliance upon representations.-Id.

In action against corporate directors by plaintiff which extended credit to corporation when insolvent, relying on false statements issued to mercantile agencies, defendants cannot escape liability because identical statements rendered to commercial agencies were not transmitted; it appearing that material contents were made known to plaintiff.-Id.

(D) Contracts and Indebtedness.

448(1) (Mo.App.) A corporation formed August 6th, electing a promoter president August 25th, is responsible under his contract with another promoter, member of a firm of architects to receive bids for the corporation's building, for such firm's failure to return to a bidder, upon rejection of such bid, a certified check received August 14th.-Fairbanks, Morse & Co. v. Merchants' & Consumers' Market House Ass'n, 202 S. W. 596.

(E) Torts.

491 (Tex. Civ.App.) Undertaking of furniture company, which sold porch swings, to hang swing sold customer, was not ultra vires, so that no liability could attach to company for damages from negligent hanging.-Rick Furniture Co. v. Smith, 202 S. W. 99.

360(1) (Tex.Civ.App.) Where plaintiff, haying extended credit to corporation in reliance on false financial statements made by corporation to commercial agencies, sued directors on theory that they were guilty of fraud or negligence in permitting false statements, it was unnecessary for petition to allege that either corporation or directors were subscribers to mercantile agencies, or that it was deceived.Durham v. Wichita Mill & Elevator Co., 202 519(2) (Mo.App.) In an action against a S. W. 138.

(F) Civil Actions.

corporation to recover bidder's deposit after bid was rejected held by architects who acted for a promoter afterwards made president of corporation, the admission of newspaper article concerning building to be erected, facts for which were gathered from architect, held proper.-Fairbanks, Morse & Co. v. Merchants' & Consumers' Market House Ass'n, 202 S. W. 596.

Petition of plaintiff which, having extended credit to corporation on faith of false statements made to commercial agencies, sought to recover against corporate directors, properly alleged that dividends in bankruptcy amounted only to 19 per cent. of plaintiff's claim.-Id. 361 (Tex.Civ.App.) In an action against corporate directors by plaintiff which extended credit to the corporation on faith of false state-519(3) (Mo.App.) Evidence held sufficient ments given to commercial agencies, evidence to warrant finding that a promoter, afteras to dividends paid on subsequent bankruptcy wards president of defendant company, had of the corporation was admissible.-Durham v. knowledge that architects employed by him and Wichita Mill & Elevator Co., 202 S. W. 138. later by company were getting bids and requiring guaranty deposits, to be returned if bids were rejected.-Fairbanks, Morse & Co. v. Merchants' & Consumers' Market House Ass'n, 202 S. W. 596.

VII. CORPORATE POWERS AND

LIABILITIES.

(A) Extent and Exercise of Powers in General.

378 (Tex.Civ.App.) Two corporations separately organized held not in law identical because they had common president, or in certain transactions acted one for the other.-Planters' Oil Co. v. Gresham, 202 S. W. 145.

(B) Representation of Corporation by officers and Agents.

399(8) (Tex. Civ.App.) The signing of a chattel mortgage by secretary-treasurer of a corporation is not with apparent authority, since such officer is not ordinarily the one to perform such acts.-Peyton v. Sturgis, 202 S. W. 205.

415 (Tex. Civ.App.) While under Vernon's Sayles' Ann. Civ. St. 1914, arts. 1159, 1162, a corporation may mortgage its property to secure payment of its debts when solvent, au

Evidence held not only sufficient to sustain the charge of petition that architects' firm who failed to return certified check on rejection of bid were agents of defendant company, but that one of the firm participated as promoter of the company.-Id.

X. CONSOLIDATION.

582 (Ark.) Where two companies consolidated, it was competent for each of them to contract with the other that it should give an indemnity bond with different conditions.Nashville Lumber Co. v. Grayson-McLeod Lumber Company, 202 S. W. 694.

Where two corporations merge, there is no legal objection to exaction of indemnity bond from one corporation without any such exaction being made from other.-Id.

Indemnity bond given by lumber company which consolidated with other held to cover

Where lumber companies consolidated and exchanged indemnity bonds, costs incurred by consolidated company in successfully defending suits against one of companies to recover timber lands were not chargeable against latter company's bond.-Id.

Where lumber companies consolidated, and exchanged indemnity bonds, bond of one held not chargeable with sum paid in satisfaction of judgment against consolidated company in favor of a third company which had contract with obligor.-Id.

A lumber company consolidating with another and giving a bond for deficiency of assets held not entitled to pay judgment against it on its indemnity bond with depreciated stock of consolidated corporation.-Id.

XII. FOREIGN CORPORATIONS.

650 (Mo.App.) Rev. St. 1909, § 3037, makes every foreign corporation which accepts provisions of statute enabling it to do business in state amenable and subject to an inspection of its books at instance of a stockholder, as provided by section 3349.-State ex rel. Smalley v. Sterns Tire & Tube Co., 202 S. W. 459.

Under Rev. St. 1909, § 3349, where directors of foreign corporation, duly licensed to do business in state, passed specific resolution authorizing relators to make inspection of certain audits, as well as books covering a certain period, relators were entitled to inspection of books.

-Id.

656 (Mo.) The word "etc." in a corporation's statement of corporate purposes held not to include the right to purchase and sell realty. -State on Inf. of Haw v. Three States Lumber Co., 202 S. W. 1083.

IV. SECURITY FOR PAYMENT.

144 (Tex. Civ.App.) Under Vernon's Saycourt final judgment must expressly recite the les' Ann. Civ. St. 1914, art. 2051, the justice liability of the sureties on the bond given for costs, in order to support an execution theresuit on the bond being otherwise the proper on against the property of the sureties; a remedy. Ramsel v. Miller, 202 S. W. 1050.

145 (Tex.Civ.App.) The officers of a justice court may sue on a cost bond; execution not being the proper remedy, where the final judgment does not contain an adjudication against the sureties on the bond.-Ramsel v. Miller, 202 S. W. 1050.

VII. ON APPEAL OR ERROR, AND
ON NEW TRIAL OR MOTION
THEREFOR.

241 (Ky.) A party asserting a partnership in real property and only recovering compensation as agent held entitled to half the costs on appeal by both parties. Fertig v. Fertig, 202 S. W. 313.

260(5) (Ky.) Though, under Civ. Code Prac., § 764, providing on affirmance of judgment for money which has been superseded 10 per cent. damages shall be awarded, damages on affirmance will not be given except where judgment is one that might be enforced by execution, Court of Appeals has no right to withhold damages because enforcement of judgment by execution against property of defendant-appellant carrier is suspended by Federal Control of Railroads Bill.-Louisville & N. R. Co. v. Steel, 202 S. W. 878.

IX. IN CRIMINAL PROSECUTIONS.

claim his fee as witness in misdemeanor case; 310 (Tex.Cr.App.) Salaried policeman may Vernon's Ann. Code Cr. Proc. 1916, art. 1137b, forbidding such fees to peace officers, applying only to felony cases in which state pays fees.Lay v. State, 202 S. W. 729.

COTENANCY.

See Tenancy in Common.

657(3) (Mo.App.) That foreign corporation to whom city let contract for street improveCOUNTERCLAIM. ment had not at time of execution of contract See Set-Off and Counterclaim. and filing of bond complied with statute authorizing it to do business in state would not invalidate contract where statute was com

COUNTERFEITING.

plied with before work was begun.-Frazier See Forgery.

v. City of Rockport, 202 S. W. 266.

657 (3) (Tex.Civ.App.) Where defendant

COUNTIES.

II. GOVERNMENT AND OFFICERS. (A) Organization and Powers of Government in General.

gave order for machinery to a third person, See Contracts, 108. who without authorization transmitted it to foreign corporation, and after the machine arrived defendant agreed to and did give a new order "on the terms stipulated in the original order," there was a ratification of the inter-23 (Tex.Civ.App.) Courts cannot go into state contract which permitted recovery by the foreign corporation, although it had received no permit to do business within the state.Dempster Mill Mfg. Co. v. Humphries, 202 S.

W. 981.

CORROBORATION.

See Criminal Law, 511; Perjury.

COSTS.

See Garnishment, 191.

I. NATURE, GROUNDS, AND EXTENT
OF RIGHT IN GENERAL.

32(3) (Ky.) A party asserting a partnership in real property and only recovering compensation as agent held entitled to costs in the trial court from and including the date of a reference as to the amount of his compensation.-Fertig v. Fertig, 202 S. W. 313.

the question of the necessity for improvements made by the commissioners' court, under Vernon's Sayles' Ann. Civ. St. 1914, art. 2241.Lasater v. Lopez, 202 S. W. 1039.

(D) Officers and Agents.

71 (Tex.) Acts 25th Leg. (Sp. Sess.) c. 5, approved June 16, 1897, as amended by acts 25th Leg. (Sp. Sess.) c. 15, approved June 19, 1897, fixing maximum amounts of fees to be retained by certain county officers, construed to declare in section 17, officers named in section 10, in counties having population of 15,000 or less, need not make report of fees provided in section 11, or keep statement as provided in section 16, population to be determined up to 1902 by presidential vote, thereafter by census. -Moorman v. Terrell, 202 S. W. 727.

74(3) (Tex.Civ.App.) The order of the commissioners fixing compensation of county treasurer at a stated salary is void.-Rusk County v. Hightower, 202 S. W. 802.

123 (Tex. Civ.App.) A surety bond to secure the performance of a contract to build a courthouse for a county held a bond of indemnity to the county alone, and not to give ma-196(3) (Tex.Civ.App.) If proposition on terialmen a right of action thereon in their own names.-Equitable Surety Co. v. Mosher Mfg. Co., 202 S. W. 788.

183(1) (Tex.Civ.App.) Under Rev. St. 1911, arts. 606, 627-633, the purpose of an election for issuance of county bonds for roads can be determined only from order of commissioners' court for election and from the notices there- 74 (Ark.) In prosecution for assault with for, and commissioners' campaign statements cannot be considered.-Grayson County v. Harrell, 202 S. W. 160.

(D) Rules of Decision, Adjudications, Opinions, and Records.

91(1) (Mo.App.) The appellate court must follow the last ruling opinion of the Supreme Court on the question of what constitutes interstate commerce.-Mergenthaler Linotype Co. v. Hays, 202 S. W. 300.

91(1) (Mo.App.) Appellate court is bound to follow last decision of Supreme Court even in division, though earlier decision in banc was to contrary.-Lampe v. United Rys. Co. of St. Louis, 202 S. W. 438.

92 (Ark.) Statements in opinion, responsive to question put and treated by court as decisive, are not dicta, but authority.-State v. Bank of Commerce, 202 S. W. 834.

95(1) (Tex.Civ.App.) In applying laws of another state authorizing recovery for mental anguish for negligence in delivery of an interstate telegraph message, held that a decision of the Supreme Court of this state, that state laws were not superseded by Congress, contrary to a decision in the other state, would be lowed and recovery allowed.-Western Union Telegraph Co. v. Brown, 202 S. W. 1049.

202 (5) (Mo.App.) Creditor of decedent or other interested party cannot wait until final settlement of administration of estate is made and approved, and then appeal from all matters that have transpired during administration; appeals given by Rev. St. 1909, § 289, being seriatim, not in solido.-Keet & Rountree Dry Goods Co. v. Williams, 202 S. W. 620.

Creditor's appeal does not bring up entire probate proceedings as to decedent's estate, but only such parts as relate to particular decision appealed from.-Id.

VI. COURTS OF APPELLATE JURIS

DICTION.

(B) Courts of Particular States. 231(1) (Mo.App.) If reasonable doubt exists touching jurisdiction of Supreme Court on appeal, proper course is to transfer case to that court; it having ultimate decision in regard thereto.-Fred A. H. Garlichs Agency Co. v. Anderson, 202 S. W. 260. fol-231(4) (Mo.App.) Where decision of Court of Appeals announces rule contrary to that previously announced by another Court of Appeals, first court must transfer case to Supreme Court for final adjudication. Donohue V. Southwestern Surety Ins. Co., 202 S. W. 272.

107 (Mo.App.) Where Supreme Court cites former opinion in support of its decision, such citation is judicial construction of former opinion.-Lampe v. United Rys. Co. of St. Louis,

202 S. W. 438.

231(6) (Mo.App.) Where judgment was for amount within jurisdiction of Court of Appeals, Supreme Court has no jurisdiction of appeal unless constitutional question has been raised, and Court of Appeals has none if such Majestic Milling Co., 202 S. W. 622. question was raised and kept alive.-Berry v.

231 (21) (Mo.App.) Only when validity of statute of, or authority exercised under, United States, is drawn in question, is jurisdiction of appeal' lodged in Supreme Court of Missouri by Const. art. 6, § 12.-Hawkins v. St. Louis & San Francisco Ry. Co., 202 S. W. 1060.

121(3) (Tex.Civ.App.) The district court is without jurisdiction of an action for conver231(23) (Mo.App.) In minor's action for insion, based on seizure of property under an juries under Laws 1911, p. 136, § 1726b, proinvalid execution, for exemplary damages inhibiting employment of children under 16 in sum of $50, and for an injunction restraining mills, company in answer having challenged sale, as the amount involved is within the ex- constitutionality of section as violative of clusive jurisdiction of the county court.-Ram- Const. art. 4, § 28, held, that jurisdiction of sel v. Miller, 202 S. W. 1050. appeal was in Supreme Court.-Berry v. Majestic Milling Co., 202 S. W. 622.

121(5) (Tex. Civ. App.) Under Vernon's Sayles' Ann. Civ. St. 1914, art. 4977, interest, although prayed for, was not recoverable in suit for damages under contract providing for $500 liquidated damages for breach, and district court had no jurisdiction, amount in controversy being exactly $500.-Escue v. Hartley, 202

S. W. 159.

231 (25) (Mo.App.) Judgment dismissing bill in two counts, one seeking divorce and custody of children, second asking to have deed set aside and canceled, etc., held to involve title to real estate, question of divorce having been practically abandoned on trial, so that jurisdiction of appeal was in Supreme Court.-Powell v. Powell, 202 S. W. 601.

122 (Tex.Civ.App.) In suit to rescind contract for purchase of land and to recover 231(49) (Mo.App.) Relative to amount in amount paid as part of price, though undisputed controversy to give Supreme Court jurisdicevidence showed such part was only $400, peti- tion on appeal, form or nature of proceeding tion alleging it was $500, sum sued for was is immaterial, where right in dispute is suscepwithin jurisdiction of district court.-Rascoe v. tible of pecuniary valuation in excess of $7,Myre, 202 S. W. 780. 500.-Fred A. H. Garlichs Agency Co. v. Anderson, 202 S. W. 260.

V. COURTS OF PROBATE JURISDIC-
TION.

198 (Mo.App.) In Missouri, probate courts have no inherent powers, their powers being entirely derivative, and they exercising such powers only as are conferred by or implied in legislation.-Peck v. Fillingham's Estate, 202 S. W. 465.

231(50) (Mo.App.) Under constitutional provision giving Supreme Court appellate jurisdiction when amount in controversy exceeds $7,500, action to enjoin insurance agent from carrying on business in violation of a contract conditioned that he should not carry on business for five years after termination of contract held to involve a right in dispute exceeding $7,500.-Fred A. H. Garlichs Agency Co. v. Anderson, 202 S. W. 260.

Though probate courts, in administering justice in proceedings over which they have jurisdiction, may apply equitable and common-247(1) (Tex.) Supreme Court has jurisdic law principles in reaching their conclusions, they have no common-law or chancery jurisdiction. Id.

202(5) (Mo.) On appeal from order of probate court, circuit court acquires jurisdiction only over matters litigated and fought out in probate court.-In re Campbell's Estate, 202 2. W. 1114.

tion to grant writs of error in appeals from interlocutory orders granting injunctions under Vernon's Sayles' Ann. Civ. St. 1914, arts. 4644, 4645, 4646, such not being of that class of cases in which determination of the Court of Civil Appeals is final under article 1521 as amended 1913.-Houston Oil Co. of Texas v. Village Mills Co., 202 S. W. 725.

VIII. CONCURRENT AND CONFLICT- ty by reason of the statute which fixes that ING JURISDICTION, AND COMITY. place as the location of the Court of Civil Ap(A) Courts of Same State, and Transfer of peals.-Sherman v. State, 202 S. W. 93.

Causes.

472 (4) (Mo.App.) Suit to construe testatrix's will as to her intention whether or not incumbrances on realty devised should be paid off out of funds of estate must originate in circuit, not in probate, court.-Peck v. Fillingham's Estate, 202 S. W. 465.

COVENANTS.

II. CONSTRUCTION AND OPERA

TION.

(D) Covenants Running with the Land. 71 (Tex.Civ.App.) Covenant of warranty runs with the estate till broken by eviction. Shannon v. Childers, 202 S. W. 1030.

W. 1030.

338(7) (Tenn.) In prosecution for murder, held, that record in a divorce case brought against defendant should not be read to jury, since charges made in bill were calculated to prejudice defendant's case.-Dickason v. State, 202 S. W. 922.

361(1) (Tex.Cr.App.) If defendant introduced isolated portions of witness' examining trial testimony as impeachment or in contradiction of her testimony on final trial, state had right to introduce such portions of her examining trial testimony as were explanatory of those put in evidence by defendant, but such portions as did not throw light on those introduced by defendant would not be admissible.-Earnest v. State, 202 S. W. 739.

363 (Ark.) It was competent for one who was not present at killing, but was in hearing distance, to testify as to what he heard said during shooting, although he could not identify speaker.-Kelley v. State, 202 S. W. 49.

III. PERFORMANCE OR BREACH. 100(1) (Tex.Civ.App.) Complete failure of title does not amount to mere shortage in acreage, for which action for breach of covenant will not lie.-Shannon v, Childers, 202 S. 102(2) (Tex. Civ.App.) Action of state in 365 (3) (Tex.Cr.App.) In prosecution for asforfeiting a survey which entirely conflicted had received injuries, and had fallen, his brothsault to murder, that after assaulted person with prior surveys amounts to a constructive eviction, breaching a covenant of warranty in a er engaged in encounter with defendant, durdeed thereof.-Shannon v. Childers, 202 S. W. ing which defendant's brother entered and stab1030. bed assaulted person's brother, was admissible as res gesta.-White v. State, 202 S. W. 737.

COVERTURE.

See Husband and Wife; Limitation of Actions, 368(1) (Tex.Cr.App.) In prosecution for ag

73.

gravated assault, testimony held admissible as showing acts and declarations of persons present and participating in difficulty, on ground of res gastæ.-Bennett v. State, 202 S. W. 730. (E) Best and Secondary and Demonstra

tive Evidence.

404(1) (Ky.) In a prosecution under Ky. St. § 1214, for seduction under promise of marriage, held, that exhibition of a child born to monwealth, 202 S. W. 896. prosecutrix was incompetent.-Jordan v. Com

See Abortion; Arrest; Assault and Battery; Bail, 65; Burglary; Continuance; Con-404(1) (Tex.Cr.App.) In prosecution for asstitutional Law, 263; Costs: Courts, 74 Disorderly House; Elections, 311-sault to murder brother of assaulted person 330; Forgery; Gaming; Homicide; Incest; exhibit it to jury, indicating where it was cut was improperly permitted to take off coat and Indictment and Information; Intoxicating Liquors, 205-239; Judges, 56; Lar- and blood which resulted from wounds he receny; Nuisance, 92; Perjury: Rape; ceived from defendant's brother.-White v. Robbery; Seduction; Vagrancy; Witnesses. State, 202 S. W. 737.

IV. JURISDICTION.

404(3) (Tex.Cr.App.) Where defendant in murder case set up self-defense, the knife with which the killing was done was admissible to show intent, under Vernon's Ann. Pen. Code 1916, art 1147, where not shown to be a deadly weapon per se.-Houston v. State, 202 S. W. 84.

95 (Tex.Cr.App.) Courts of this state have no jurisdiction to punish Mexican soldiers kill ing a United States soldier incidental to a battle in Texas between Mexican and United States troops during a state of war between this country and Mexico.-Arce v. State, 202 S. W. 951.404(4) (Tex.Cr.App.) It is only permissible to introduce garments worn by one who has received injuries, when the evidence serves to illustrate or solve some question in controversy. -White v. State, 202 S. W. 737.

X. EVIDENCE.

(A) Judicial Notice, Presumptions, and Burden of Proof.

304 (2) (Tex.Cr.App.) The courts know as a matter of history of current events attending

the recent trouble between the United States and Mexico wherein a column of troops under Gen. Pershing invaded that country and incidental fights and battles occurred in connection with the invasion.-Arce v. State, 202 S. W. 951.

It is a matter for judicial cognizance and 408 (Tex.Cr.App.) In prosecution for sellknowledge that the battle at San Ygnacio which occurred during the recent trouble between this country and Mexico was never disavowed by the Mexican de facto government.

ing intoxicating liquor in violation of statute, evidence that accused told witness, a grand juryman, he had sold beer and would plead guilty if witness would aid him in getting suspended sentence, held not inadmissible, as being 304(6) (Tex.Cr.App.) The court judicially compromise proposition.-Goss v. State, 202 S. knows that the city of Dallas is in Dallas coun- W. 956.

-Id.