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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).
Aliter, if court has adjudged claim barred, and this judg-

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.
Powell v8. 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 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,
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 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

per, 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. Crabtree vs. Gra-
ham, 290(1).
Same: Not entitled to credit for barred claims in adminis-

trator'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 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

under, 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 os. 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. Western and Atlantic Rail-

road vs. Jackson, 478.
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 rs.

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 con.

clude.. 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). 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,

144(1).

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.

461(5).

ASSAULT WITH INTENT TO MURDER. See Criminal Law.

ASSIGNMENT.

Bill of lading, assignee of, has no greater right than assignor. Haas

v8. Kansas City Railroad, 792(3a). V 81-52

ASSIGNMENTS.

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.

ATTACHMENT.

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,

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, 169(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 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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