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ADMINISTRATORS AND EXECUTORS.

Administration, expenses of, must be paid out of estate of deceased 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).

Aliter, if court has adjudged claim barred, and this judg

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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 Stove 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. Powell vs. Hammond, 567(1).

Same: Restraining sale of assets which executor claimed 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 vs. 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 vs. Hutcherson, 452(a).

Same: Purchaser failing to receive may set off to her suit 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 ordinary? Quere. Ibid. 567(4).

Revoke letters, can superior court do so since code, 2331, 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 vs.

Barlow, 8.

Sale, purchaser at takes subject to rule caveat emptor. Wells vs. Harper, 194.

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.

ham, 290(1).

Crabtree vs. Gra

Same: Not entitled to credit for barred claims in administrator's hands as attorney. Ibid. 290(2).

Same: Not bound by judgment against administrator, 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 administrator or executor a party. Hardman vs. Nowell, 748.

ADMISSIONS. See Title.

ADULTERY AND FORNICATION. See Criminal Law.

ADVERTISEMENT. See Administrators and Executors, and thereunder, Sales.

ADVICE OF COUNSEL. See Attorney and Client.

ALLEYS. See Streets and Sidewalks.

AMBIGUITIES.

Parol evidence admissible to explain ambiguity in submission to an award. Riley vs. Hicks, 265(2).

Same: In memorandum of sale. Wilson vs. Coleman, 297.
Same: 3 "C. L. R. P. oats" shown to mean 3 car-loads
Texas rust-proof oats. Ibid.

AMENDMENT. See Pleadings.

Account for cross-ties cut and delivered amendable by setting out
contract, it being in nature of a memorandum fixing
prices, sizes, etc. Fla. Mid. Railroad vs. Varnedoe, 175(1).
Bonds taken in course of judicial proceedings are amendable. Lytle
vs. De Vaughn, 226(1).

Cause of action, none stated, nothing to amend by. White Com-
pany vs. County, 47(3).

Same: Action was against county for damages for detaining
steamer by river bridge. Ibid.

Certiorari, petition for, is not amendable.

road vs. Jackson, 478.

Western and Atlantic Rail-

Denial of, to declaration, which would have put plaintiff out of
court, not error. Skellie vs. Central Railroad, 56(2a).

New cause of action, improperly allowed because a, held harmless
error because nullified by charge. McKamy vs. Cooper, 679.
New cause of action, minor fraudulently represented age, amend-
ment setting up, in aid of suit on note, is a. Ibid.

Time, is in, though after court had orally announced its judgment.
Lytle vs De Vaughn, 226(2).

APPEAL.

Dismissal of, by plaintiff, who was cast in county court, he may
begin anew. Fagan vs McTier, 73.

Dismissing the appeal, and dismissing the case on appeal, distin-
guished. Ibid.

Same: When the appeal is dismissed, the judgment below
is affirmed. Ibid.

Same: When the appeal is dismissed, the judgment below

is affirmed. Ibid.

Same: When the case on appeal is dismissed, the whole
case goes out, and plaintiff may begin anew. Ibid.

Lunatic prima facie competent to make pauper affidavit, when suit
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).

Same: This was question for jury. Ibid.

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 v8.
Hicks, 265(1).

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).

Same: Ambiguity explainable by parol. Ibid.

ARGUMENT.

Justification, plea of, filed, defendant has right to open and conclude. Johnson vs. Bradstreet Co. 425.

Same: And this, though special damages claimed, and 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).

Moore vs. Brown,

Open and conclude, right accorded to wrong side, not work reversal where verdict undoubtedly correct. 11(3a).

ARREST OF JUDGMENT.

New trial, overruling motion in, no ground for.

144(1).

ASSAULT AND BATTERY. See Criminal Law.

Gardner vs. State,

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.

461(5).

ASSAULT WITH INTENT TO MURDER. See Criminal Law.

ASSIGNMENT.

Bill of lading, assignee of, has no greater right than assignor. Haas vs. Kansas City Railroad, 792(3a).

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ASSIGNMENTS.

Assignee administering in good faith, not liable as executor de son tort, though assignment void and assignor dead. Chattanooga Stove Co. vs. Adams, 319.

Creditors, void for want of proper list of. Ibid.

ATTACHMENT.

Fraudulent debtor: goods sold by debtor subject to, under this section. Manheim vs. Claflin, 134 2).

Rescission of sale, attachment levied after, falls. Steen vs. Harris, 681(4).

ATTORNEY AND CLIENT. See Argument; Attorney's Fees.

Advice of counsel admissible in suit for malicious prosecution, but 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, 469(3). Witness, attorney competent as, unless he got his information from client by virtue of that relation. Skellie vs. James, 419,2).

ATTORNEY'S FEES.

Forthcoming bond, suit on, fees properly embraced in judgment, when. Bowden vs Taylor, 204(2).

AUDITORS.

Exceptions to 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, Former conviction.

BANKS.

Capital stock subscribed, reduced by resolution to actual amount paid in, all stockholders assenting, released them from further liability to bank or to each other. Hill vs. Silvey, 501(1).

Same: Rights of creditors to go on stockholders for unpaid part, discussed. Ibid.

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