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ADMINISTRATORS AND EXECUTORS.
Administration, expenses of, must be paid out of estate of de
ceased which he was owner of. Hill vs. Hill, 517(2). Attorney; barred claims in hands of administrator as an attorney,
sureties not entitled to credit for, in suit against them by
heirs. Crabtree vs. Graham, 290(2). Barred, debt becoming so after death of intestate, administrator
may revive. Ibid. 292(1).
ment not set aside. Ibid. Bond, since code can any court but ordinary require executor to
give ? Quere. Powell vs. Hammond, 567(4). Executor de son tort, assignee under void assignment not liable as,
who administers in good faith after death of assignor.
Chattanooga Store Co. vs. Adams, 319. Fraud between administrator and first vendee, not affect title of
subsequent one without notice. King vs. Cabaniss, 662(3). Injunction, effect of, which is to restrain executor from using or
disposing of assets except as will directs, left to stand.
as his by gift of testator, proper, when. Ibid. 567(2). Misrepresentation by, before sale, as to title, or quality or quantity,
fix no liability on estate or himself. Wells 08. Harper, 194. Negligence, administrator losing money of estate by, (pickpockets);
liable. Tarver vs. Torrance, 261(1). Partition, administrators may represent heirs in proceedings for,
intimated. King vs. Cabaniss, 666. Purchaser of heir's interest in land, if sold by administrator and
he buys, entitled to her part of proceeds of sale. James 28,
on purchase money note. Ibid. Removal threatened by superior court unless executor give bond,
not reviewable until done. Powell vs. Hammond, 567(3). Same: Since code can executor be removed except by ordi
nary? Quere. Ibid. 567(4). Revoke letters, can superior court do so since code, 3331, par. 2?
Ibid. 579. Sale advertised full legal period after general leave to sell granted,
sufficient, though special order fixing place less than twenty days before sale. King vs. Cabaniss, 661(1).
Sale by two executors when there were three, discussed. Ware 18.
Barlow, 8. Sale, purchaser at takes subject to rule careat emptor. Wells vs. Har
Sale, special order fixing place of, may be any time before actual
sale. King vs. Cabaniss, 661(1). Sale by administrator of “south half” of lot which intestate owned
as tenant in common, divested title of heirs. Ibid. 661(2). Same: Whether there was a legal partition before sale, not
decided. Ibid. Sureties liable to distributees for amount paid by administrator on
debt barred by the judgment of a court. Crabtree vs. Gra-
trator's hands as attorney. Ibid. 290(2).
when, Ibid. 292. Title obtained from agent of two executors, not knowing there was
a third, purchaser protected, when. Ware vs. Barlow, 1(a). Warrant title, executor or administrator cannot. Wells vs. Harper,
194. Witness; opposite party not competent to anything, when admin
istrator or executor a party. Hardman vs. Nowell, 748.
ADMISSIONS. See Title.
ADULTERY AND FORNICATION. See Criminal Law,
ADVERTISEMENT. See Administrators and Executors, and there
ADVICE OF COUNSEL. See Attorney and Client.
ALLEYS. See Streets and Sidewalks.
Parol evidence admissible to explain ambiguity in submission to
an award. Riley vs. Hicks, 265(2).
Texas rust-proof oats. Ibid.
AMENDMENT. See Pleadings.
contract, it being in nature of a memorandum fixing
prices, sizes, etc. Fla. Mid. Railroad vs. Varnedoe, 175(1).
vs. De Vaughn, 226(1).
pany vs. County, 47(3).
steamer by river bridge. Ibid.
road vs. Jackson, 478.
court, not error. Skellie vs. Central Railroad, 56(2a).
error because nullified by charge. McKamy vs. Cooper, 679.
ment setting up, in aid of suit on note, is a. Ibid.
Lytle vs De Vaughn, 226(2).
Dismissal of, by plaintiff, who was cast in county court, he may
begin anew. Fagan vs McTier, 73.
is affirmed. Ibid.
is affirmed. Ibid.
case goes out, and plaintiff may begin anew. Ibid.
brought by guardian. Mayor vs. Caldwell, 79.
APPROXIMATION. See Wills.
ARBITRATION AND AWARD.
Bar, award plead in, no ground for excluding that referees denied
one party proper hearing. Riley vs. Hicks, 265(4).
Estopped by his own conduct to deny award, party was here,
though he did not sign submission. Johnson vs. Cochran, 39, Same: Judge failing to submit this issue, new trial granted,
Ibid. Misnomer in middle name of referee not vitiate award. Riley rs.
Same: Especially where the one selected acted. Ibid. Submission, award here, construed in the light of parol evidence.
follows. Ibid. 265(3). Submission, " the purchase and settlement of a horse," not toc
vague. Ibid. 265(2).
Justification, plea of, filed, defendant has right to open and con.
clude.. Johnson vs. Bradstreet Co. 425.
general issue filed and insisted on also. Ibid. Mortgages attacked for fraud by creditors, semble that they would
have right to open and conclude. Moore vs. Brown, 11(3). Open account, suit on, no plea, and service personal; no error to
refuse. Stephens vs. Gate City Gas Co. 150(2). Open and conclude, right accorded to wrong side, not work rever
sal where verdict undoubtedly correct. Moore vs. Brown, 11(3a).
ARREST OF JUDGMENT.
New trial, overruling motion in, no ground for. Gardner vs. State,
ASSAULT AND BATTERY. See Criminal Law.
Railroad not liable for battery of licensee of right to sell lunches by
competitor in trade. Fluker vs. Georgia Railroad, 461(4). Servant, master cannot sue for battery of, unless service lost. Ibid.
ASSAULT WITH INTENT TO MURDER. See Criminal Law.
Bill of lading, assignee of, has no greater right than assignor. Haas
v8. Kansas City Railroad, 792(3a). V 81-52
Assignee administering in good faith, not liable as executor de son
tort, though assignment void and assignor dead. Chatta
nooga Stove Co. vs. Adams, 319. Creditors, void for want of proper list of. Ibid.
Fraudulent debtor: goods sold by debtor subject to, under this sec
tion. Manheim vs. Claflin, 134 2). Rescission of sale, attachment levied after, falls. Steen vs. Harris,
ATTORNEY AND CLIENT. See Argument ; Attorney's Fees.
not of justice of the peace. Rigden vs. Jordan, 675(5). Advice of counsel, to mitigate damages, must be given upon a full
and fair statement of the facts. Shores vs. Brooks, 169(3). Witness, attorney competent as, unless he got his information from
client by virtue of that relation. Skellie vs. James, 419,2).
Forthcoming bond, suit on, fees properly embraced in judgment,
when. Bowden vs Taylor, 204(2).
Exceptions rulings of judge made in writing on exceptions filed
to report, will be considered by Supreme Court, though final judgment not excepted to. Parker vs. Waycross Railroad, 387(1).
AUTRE FOIS CONVICT. See Criminal Law, and thereunder,
Capital stock subscribed, reduced by resolution to actual amount
paid in, all stockholders assenting, released them from
part, discussed. Ibid.