REPLEVIN.

See Appeal and Error, §§ 323, 485; Appear-
ance, 10; Detinue; Pleading, § 45.

IV. PLEADING AND EVIDENCE.
§ 67 (Fla.) An objection that the declaration
in replevin fails to specify the county in which
the property is detained should be presented by
demurrer.-Henry v. Spitler, 64 So. 745.

REPLICATION.

See Pleading, § 182.

REPORT.

See Receivers, § 100.

REQUESTS.

See Trial, §§ 255, 256.

RESCISSION.

See Cancellation of Instruments; Contracts, 88
255-273; Vendor and Purchaser, § 85.

RES GESTÆ.

Infants, $$ 31-41; Intoxicating Liquors; Ju-
dicial Sales; Landlord and Tenant, § 252:
Limitation of Actions, § 36; Mortgages, §§
336-379, 504; Sunday, §§ 12, 13; Trial, §
253; Vendor and Purchaser.

I. REQUISITES AND VALIDITY OF
CONTRACT.

§ 17 (Ala.) If defendant, acting through her
husband, promised to pay for certain materials,
and they were furnished on her sole credit,
though used by a contractor, she was liable for
the price thereof, without regard to the outcome
of the contract, or whether she owed the con-
tractor anything.-Beitman
V. Birmingham
Paint & Glass Co.. 64 So. 600.

§ 52 (Miss.) In an action for damages for
breach of a contract to sell ice to plaintiff dur-
ing the season, plaintiff's evidence held to show
a completed contract between the parties.-
Crystal Ice Co. v. Holliday, 64 So. 658.

IV. PERFORMANCE OF CONTRACT.
(C) Delivery and Acceptance of Goods.
§ 166 (La.) Where the buyer agrees to pay a
sound price for a sugar cane crop, he cannot
be compelled to accept frozen cane under the
So. 974.

RES JUDICATA.

§ 177 (Miss.) Where a seller delivers the
goods ordered and goods not ordered, the buy-
balance.-Hutchins v. Smith, Harrison & Co.,
64 So. 789.

VII. REMEDIES OF SELLER.

(E) Actions for Price or Value.

§ 345 (La.) Delivery of the thing sold is es-
sential to the right to recover the price.-E. A.

219.

ROADS.

See Highways; Private Roads.

ROBBERY.

See Criminal Law, § 783.

So. 690.

§ 363 (Ala.) In an action upon the common
counts to recover for a dray sold, where there
was a controversy, after the receipt of the dray,
as to its fitness for the work intended, whether
an agent whom plaintiff sent to adjust the mat-
ter made a new contract with plaintiff was a
question for the jury.-Garnett v. Parry Mfg.

SAFE PLACE TO WORK.

See Master and Servant, §§ 101-125.

SALES.

See Appeal and Error, § 1064; Brokers;
Chattel Mortgages, §§ 262-265; Corporations,
§ 121: Executors and Administrators, §§
365-391: Frauds, Statute of, § 91; Hawk-

§ 364 (Ala.) In action for purchase price of
building materials, instruction to find for de
fendant if they were charged to and delivered to
a contractor, without hypothesizing plaintiff's
reliance on the contractor's credit, or on his
credit, plus the security afforded by the statute
conferring a lien, held properly refused.-Beit-
man v. Birmingham Paint & Glass Co., 64 So.
600.

(F) Actions for Damages.

§ 377 (Ala.) A count in a complaint held to

tract of sale to avoid a demurrer.-Norton v. Allaire Woodwood & Co., 64 So. 609.

VIII. REMEDIES OF BUYER.
(C) Actions for Breach of Contract.

8418 (Miss.) One who purchased ice for the season for the purpose of reselling it in an established retail business, to the seller's knowledge, could, in an action for the seller's breach of contract by failing to furnish the ice, recover profits he would have realized by its resale.-Crystal Ice Co. v. Holliday, 64 So. 658. In an action for damages for breach of contract to sell plaintiff ice for the season, plaintiff cannot recover, in addition to loss of profits, the expense incurred by him in preparing to handle and sell the ice.-Id.

(D) Actions and Counterclaims for Breach

of Warranty.

SEQUESTRATION.

§ 12 (Miss.) Under Code 1906, § 565, a forthcoming bond for sequestered property need be only double the amount of the debt when the value of the property greatly exceeds the debt; but where the debt is equal to or exceeds the value of the property, it must be in double the value of the property.-Bomer v. Meeks, 64 So. 833.

$20 (Miss.) Where property was sequestered in an action for its possession and rental, defendant's forthcoming bond, under Code 1906, § 565, is governed by that section, and not section 4233, authorizing recovery on a bond given by a defendant in replevin, under section 4223, for wrongful detention, and the court could not give judgment thereon for wrongful detention, though substantially in the form prescribed by section 4223.-Bomer v. Meeks, 64 So. 833.

SERVANTS.

IX. CONDITIONAL SALES.

§ 450 (Miss.) Lenders of money with which to buy a mule, who took borrower's note, reciting that it was for a mule, and that title was to remain in the lenders until the note was paid, held the owners and entitled to possession of the mule on default in payment.-Burkhalter v. Mitchell & McLendon, 64 So. 967.

§ 467 (Ala.) Buyer's defense to further liability on notes for property transferred by condi tional sale, on destruction thereof before payment of the price, may be barred by provision in the notes that, if the property is lost or destroyed, the buyer, nevertheless, promises to pay

for the same.-Hoobler v. International Harvester Co. of America, 64 So. 567.

§ 473 (Miss.) A bona fide and actual conditional sale is enforceable even against innocent purchasers for value without notice.-Burkhalter v. Mitchell & McLendon, 64 So. 967.

§ 474 (Ala.App.) Code 1907, § 3394, does not affect a claim of the seller of property levied on under execution against the buyer when the judgment on which the execution was issued was rendered before such conditional sale was made, and before the defendant had possession of or any connection with the property levied on.-Elliott v. Palmer, 64 So. 182.

SERVICES.

See Master and Servant, § 80.

SET-OFF AND COUNTERCLAIM. See Banks and Banking, §§ 134, 135; Sales, § 446.

I. NATURE AND GROUNDS OF
REMEDY.

§ 14 (Ala.App.) Under Code 1907, § 5858, a defendant sued by a carrier for freight may set off any demand which could be otherwise set off under the statute.-Central of Georgia Ry. Co. v. Birmingham Sand & Brick Co., 64 So. 202.

II. SUBJECT-MATTER.

831 (La.) Under Code Prac. art. 375, as amended by Act No. 50 of 1886, a defendant may reconvene and claim from a railroad company residing out of the state, or in the state in a different parish from defendant, for any cause, though not connected with, or incidental to, the main cause of action.-Texas & P. Ry. Co. v. Chatwin Bros., 64 So. 1017.

As used in Code Prac. art. 375, providing that a demand in reconvention must be connected with the main action, unless plaintiff resides out of the state or within the state in a different parish from defendant, the word "resides" refers to the corporation's general office or place of business, or to the place in the state where it has an authorized agent upon whom process may be served.-Id.

§ 52 (La.) An indorser on a note, with waiver of demand, protest, and notice of protest, is unconditionally bound on the note, within Nego

tiable Instruments Act (Acts 1904, No. 64) § 3, and he may plead in compensation notes against the payee acquired before the payee protested the note as holder.-Lewy v. Wilkinson, 64 So. 1003.

SETTLEMENT.

See Accord and Satisfaction; Executors and Administrators, §§ 500-504; Payment.

SHERIFFS AND CONSTABLES.

II. COMPENSATION.

§ 57 (Ala.) Under Acts 1898, p. 1168, § 14, part of the act to establish the inferior criminal court of Mobile, held, the sheriff of Mobile county is not entitled to fees for taking bonds from defendants arrested by him under process from that court.-State v. Smith, 64 So. 364.

§ 68 (Ala.) Though fees of a sheriff for subpœnaing witnesses before a grand jury, in cases in which no indictment is found, cannot be taxed

III. POWERS, DUTIES, AND LIABILI-
TIES.

8137 (Ala.App.) In trespass against a con-
stable for the seizure of plaintiff's household
furniture under execution against a third per-
son, proof that the writ was issued in the case
of Fisher v. "G." B. McCracken is not a fatal
variance from the allegation that the writ was
issued in the case of Fisher v. "C." B. Mc-
Cracken.-Ewton v. McCracken, 64 So. 177.

§ 138 (Ala.App.) In trespass against a con-
stable for the seizure of plaintiff's household
furniture under execution against another per-
son, evidence that some of the furniture was
broken, and that some of it never got back, in
the absence of explanation, will support a find-
ing that this was due to intentional misconduct
of the levying officer.-Ewton v. McCracken, 64
So. 177.

§ 139 (Ala.App.) Where household furniture,
taken under an execution directed against an-
other person, is intentionally damaged by the
attaching officer, punitive damages may be
awarded.-Ewton v. McCracken, 64 So. 177.

§ 20 (Fla.) Where, in a suit for specific per-
formance, it appears that the vendor, though
without title, can obtain it, the court will re-
tain the bill and require him to acquire title,
and then decree specific performance.-Beekman
v. Sonntag Inv. Co., 64 So. 948.

§ 22 (Fla.) Where realty is purchased with
notice that a grantor is obligated to convey it
to another, the purchaser, in the absence of a
countervailing equity, may be compelled to make
such conveyance.-Drake Lumber Co. v. Bran-
ning, 64 So. 263.

II. CONTRACTS ENFORCEABLE.
§38 (Ala.) Notwithstanding Code 1907, §
4492, an agreement by a wife to convey her land
cannot, under section 4494, be specifically en-
forced, where it is only orally assented to by
the husband.-Morris v. Marshall, 64 Sp. 312.

§ 49 (Ala.) A parol agreement for the use of
the lower floor of a certain building as a place
of worship by Christian denominations, Mormon
and Catholic excluded, not based on a valuable
consideration, would not be specifically enforc
ed.-Christian Church at Pilgrims' Rest v. Lit-
tleville Camp, No. 258, Woodmen of the World,
64 So. 9.

§ 64 (La.) By reason of the nature of the work
and consequent inability of the court to super-
vise the undertaking, a contract to drill oil wells
will not be specifically enforced.-Caddo Oil &
Mining Co. v. Producers' Oil Co., 64 So. 684.

IV. PROCEEDINGS AND RELIEF.
§ 105 (Fla.) Mere delay by a purchaser in
possession with the vendor's consent in bring-
ing suit to compel a conveyance or in paying the
balance, will not bar relief, where time is not
an essence of the contract, and the vendor has
not sought to limit or rescind it.-City of West
Palm Beach v. Lakeside Cemetery Ass'n, 64
So. 751.

$114 (Ala.) Averment and proof of a specific
declination to execute title is unnecessary to the
equity of a bill for specific performance, but
can only affect costs.-Eason v. Roe, 64 So, 55.

§ 126 (Ala.) A decree in suit for specific per-
formance of a contract of sale of land by de-
fendants' ancestor will be made vesting defend-
ants' title in complainants; some of the de-
court's jurisdiction, they being present by their
solicitors.-Eason v. Roe, 64 So. 55.

SODOMY.

§1 (Ala.App.) Under Code 1907, § 6746, the
"crime against nature, either with mankind or
with beast," extends to an attempt to have the
boy named in the indictment take into his mouth
the private parts of the defendant.-Woods v.
State, 64 So. 508.

§ 2 (Ala.App.) An attempt to commit sodomy
is a misdemeanor.-Woods v. State, 64 So. 508.
§ 5 (Ala.App.) An indictment charging that
defendant, against the order of nature, attempt
ed to carnally know a certain named boy, held
sufficient.-Woods v. State, 64 So. 508.

§7 (Ala.App.) Where there was some evi-
dence that defendant was guilty of an attempt
to commit sodomy, an affirmative charge for him
held properly refused.-Woods v. State, 64 So.
508.

SPECIFIC PERFORMANCE.

See Equity, §§ 143, 144, 148.

SPLITTING CAUSES OF ACTION.
See Action, § 53.

STATES.

See Extradition; Limitation of Actions, § 11.
II. GOVERNMENT AND OFFICERS.
$41 (Fla.) Where the Governor actually
calls the Legislature together under Const. 1885,
art. 4, § 8, and art. 3, § 2, what he may have
thought of his action is immaterial to the valid-
ity of the extra session thus called.-Lasseter v.
State, 64 So. 847.

IV. FISCAL MANAGEMENT, PUBLIC
DEBT, AND SECURITIES.

§ 145 (Fla.) That the coupons of municipal
bonds were made acceptable for taxes or other
dues to the city held not to constitute them bills
of credit or currency.-Lasseter v. State, 64 So.

STATIONS.

STATUTES.

See Limitation of Actions.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

§19 (Fla.) Where the journals of the House
of Representatives show that, on final passage of
a bill, a large majority voted for it, it is not
essential to a compliance with Const. art. 3, §
17, that the journals show that six members not
accounted for refused to vote or voted in the
negative, or that there were no negative votes.-
Lasseter v. State, 64 So. 847.

§ 32 (Miss.) Const. § 153, as amended (see
Laws 1910, c. 358), providing that judges of the
circuit and chancery courts shall be elected in
a manner to be provided for by the Legislature,
contemplates action by the entire legislative ma-
chinery, including the Governor, and an act ve-
toed by the Governor is of no effect, unless pass-
ed over his veto.-State v. Jones, 64 So. 241.

§ 47 (Ala.) Code 1907, § 5887, construed in
connection with sections 471-488, held to pro-
vide an intelligible and practicable system of
procedure and for necessary parties for a stock
law election contest.-Hutto v. Walker County,
64 So. 313.

847 (Ala.) Acts 1898-99, p. 1517, providing
for a petition, for an election in any precinct
in Fayette county to determine whether the ma-
jority of the electors desire a "stock law," and
providing for relief to persons injured by stock
running at large, etc., held indefinite and inef-
fectual; the "stock law" referred to being whol-
ly indeterminate.-Pendley v. Commissioners'
Court of Fayette County, 64 So. 592.

§ 47 (Fla.) Charter Act of City of Lakeland,
870, as amended by Sp. Laws 1913, c. 6711,
held not void for uncertainty, though it does not
prescribe the details of the commission form of
government which it authorizes the city to es-
tablish.-Munn v. Finger, 64 So. 271.

51 (Ala.) Where a statute specifies the pro-
cedure for a special proceeding, but is not com-
plete in itself, it may by reference adopt the
procedure specified in other statutes.-Hutto v.
Walker County, 64 So. 313.

$64 (La.) Where a taxing ordinance is un-
constitutional in so far as it taxes interstate
commerce, but constitutional in so far as it tax-
es intrastate commerce, and the valid and in-
valid parts are separable, the valid part will be
enforced. Hunter v. Wells Fargo Express Co.,
64 So. 139.

III. SUBJECTS AND TITLES OF ACTS.
§ 120 (Fla.) Title to Laws 1911, c. 6237, rel-
ative to proceedings to validate municipal bonds,
held to sufficiently indicate the nature of the
act and its true effect.-Lasseter v. State, 64 So.
847.

IV. AMENDMENT, REVISION, AND

CODIFICATION.

§ 147 (Ala.) Alteration of phraseology or the
omission or addition of words in the codification
of a statute does not change the legislative in-
tent, unless language is employed which is not
susceptible of any other reasonable construction.
-Fuller v. American Supply Co., 64 So. 549.

of a specified contingent event.-City of Jack-
sonville v. Bowden, 64 So. 769.

Where the intent that one statute shall super-
sede another on a stated contingent event clearly
appears, the courts will give effect to such in-
tent, provided the organic law is not thereby
plainly violated.-Id.

VI. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.
ienti" will not justify a court in extending the
§ 181 (Ala.) The "argumentum ab inconven-
language of a statute beyond its reasonable im-
port to embrace a supposed necessity, though
such reasoning may determine the court to a
liberal rather than narrow interpretation of
the statute.-State v. Birmingham Waterworks
Co., 64 So. 23.

§ 188 (Ala.) If nothing appears to the con-
trary, words and phrases employed in stat-
utes should be interpreted as having the mean-
ing public signification accorded to them when
appropriated for expression.-Ex parte Pepper,
64 So. 112.

§ 206 (Ala.App.) A statute must be construed
as a whole, and every provision effectuated, if
possible.-Lee v. State, 64 So. 637.

limited extent, be transposed when necessary to
§ 208 (La.) Words of a statute may, to a
make clear the legislative intent.-Smythe v.
Home Life & Accident Ins. Co., 64 So. 142.

§ 214 (Ala.) Where the meaning of a statute
is doubtful, interpretation by the Attorney Gen-
eral and popular interpretation, as exemplified
in the practice for a number of years will be giv-
en weight.-Shepherd v. Sartain, 64 So. 57.

$225 (Ala.) Statutes in pari materia must be
construed together.-Railroad Commission of Al-
abama v. Alabama Great Southern R. Co., 64
So. 13.

§ 22534 (Ala.) The re-enactment of a statute is
an adoption of the settled construction which
the judiciary has placed upon the law.-Ex
parte Pepper, 64 So. 112.

§ 231 (Ala.) The addition of new words in a
revision of a statute does not necessarily alter
the construction of the former statute, but it
will be construed to do so if the legislative pur-
pose to make a change clearly appears.-Ex
parte Lawler, 64 So. 102.

§ 232 (Ala.) Where a statute, not complete in
itself, by reference adopts the procedure speci-
fied in other statutes, it adopts the statutes as
they then exist, and is not affected by the subse-
quent amendment or repeal thereof.-Hutto v.
Walker County, 64 So. 313.

(B) Particular Classes of Statutes.

§ 236 (Ala.) A remedial statute is entitled to
receive liberal construction.-Railroad Commis-
sion of Alabama v. Alabama Great Southern R.
Co., 64 So. 13.

§ 241 (Ala.) Penal statutes are to be strict-
ly construed but not so strictly as to defeat the
obvious intention of the Legislature.-Railroad
Commission of Alabama v. Alabama Great
Southern R. Co., 64 So. 13.

(D) Retroactive Operation.

§ 267 (Miss.) Laws 1912, c. 215, providing
that the proof of injury from the running of

CONSTITUTION.

Amend. 7...
Amend. 14..

Art. 4, § 2, subsec. 2.

STATUTES CONSTRUED.

§ 2485..

$ 2490.

$8 2590, 2593.

504 $2830..
4612837.

282846. Amended by Laws
1911, p. 198.

2931.

553

2940.

561

3019.

.69, 168, 651

557 | 1909 (Sp. Sess.) p. 76, §
44 22, subsec. 6a...
185
366 1909 (Sp. Sess.) p. 92, § 32
.317, 589
509, 510, 637, 639
960 1909 (Sp. Sess.) p. 258.
1909 (Sp. Sess.) p. 312,
645 17
1909 (Sp. Sess.) pp. 312,
314, §§ 18, 20, 21.
1909 (Sp. Sess.) p. 315, §

192

530

102

3020.

522, 530

3078.

308

Stat. 544..

293

3310.

1906, June 29, ch. 3591,

3374.

1909 (Sp. Sess.) p. 317. §
311 29

958 1909 (Sp. Sess.) p. 317, §

80. 530

3394.

182 32

.80, 530, 537, 653

3513.

Stat. 65....

23 1911, p. 192.

958

3665.

36 1911, p. 198.

645

44 1911, p. 316.

112

3910..

557, 753

3910, subsecs. 1, 2.

78

1911, p. 348, § 19.
1911, p. 370, § 2.

301

525

$$ 3911, 3912..

557 1911, p. 587.

533

$$ 3973, 3974.

647

$4057.

112

13

$4091.

4140.

537

Page 3418..

§ 4192.

CONSTITUTION.

293

549

$4324.

Page 3597..

2

$$ 4492, 4494.

312 Art. 3, § 20...

769

$$ 4562, 4579.

196

Art. 3, § 24.

271

§§ 4594, 4595.

Amended

SUPP. 1909.

Page 1153..

Page 1171..

Art. 4, 8.

847

by Laws 1911,

p. 316... 112

Art. 5, § 17.

237

202

$ 4734..

554

Art. 8, § 8...

.271, 775, 847

71

Art. 10, § 1.

440

§ 4984.

268

$5007.

82

SUPP. 1911.

$5014.

82, 561 GENERAL STATUTES 1906.

366142..

945

$5340.

202

.343, 366

1320.

942

$ 5360
5361.

510 8 1693, 1694.

.274, 504, 782

173

1707..

504

$5364.

639 $ 2273, 2295,

2306-2309 426

.177, 338

2390..

237

$ 5415.

472

2739.

433

$$ 5450-5472.

$ 5473.

1125476.

23 $8 2893, 2896.

564, 604 3105..

564 $83145, 3146.
133147.

3053228.

443

433

504

274

501

3304...

3628.

946

454

5819 311

202

§ 227.

6065887.

313

§§ 259, 280.

57 $ 6035.

153

$$ 6060, 6102.

960

$$ 6189, 6190.

88

345

§ 6646.

1911, ch. 6363.

Amend-

364

637, 639

$ 6746.

ed by Sp. Laws 1913, ch.
6711

508

271

$$ 6754, 6755.

112

317

6770..

SPECIAL LAWS.

646

110

& 6870.

168 1913, ch. 6705..

769

$ 6916.

534 1913, ch. 6711..

271

$ 7086.

.200, 320, 527

158 $$ 7133, 7148.

534

LAWS.