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THE

SOUTHWESTERN REPORTER,

VOLUME 11,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MISSOURI, ARKANSAS, AND TEN-
NESSEE, COURT OF APPEALS OF KENTUCKY, AND
SUPREME COURT AND COURT OF APPEALS

(CRIMINAL CASES) OF TEXAS.

PERMANENT EDITION.

APRIL 1-AUGUST 19, 1889.

With TABLES OF SOUTH WESTERN CASES PUBLISHED IN Vols. 50, ARKANSAS REPORTS; 86,
KENTUCKY REPORTS; S6 AND 97, MissOURI REPORTS; 3, PICKLE'S REPORTS ;

71, TEXAS (SUPREME COURT) REPORTS; 27, Texas APPEALS.

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COPYRIGHT, 1889,

BY

WEST PUBLISHING COMPANY.

PUBLISHERS' PREFACE, .

The publishers take pleasure in making public acknowledgment of their indebtedness, first, to the judges of the several courts reported in the SOUTH WESTERN REPORTER, and, second, to the attorneys directly interested, for assistance in securing the accurate reporting of the cases contained in this volume. The judges have very generally availed themselves of the opportunity now afforded them for revising their opinions as printed in the advance sheets, and securing the incorporation of desired corrections and emendations in the permanent or bound-volume edition. Many of the attorneys of record in the cases reported, and others of our subscribers, have also kindly interested themselves in examining the cases as published, and advising us of typographical and other inaccuracies. This investigation has brought out many testimonies to the remarkable accuracy of our work, but the new method of publication furnishes an additional safeguard against mistake. The subscribers for the SOUTHWESTERN are to be congratulated on the added value which will be given to the set, as a permanent series of reports, by this judicial and professional supervision, which will prevent the perpetuation of errors such as may sometimes creep in under the most careful system of publication.

Volume 11, herewith submitted, is the first volume of the SOUTHWESTERN REPORTER issued in the enlarged form, and on the plan of publishing two separate editions, -one for temporary use and the other for permanent preservation. It contains the reports of 807 cases,-more than double the number in volume 10, which contains 383. This represents a saving in shelf-room of nearly 50 per cent., while the convenience of reference is increased twofold by putting twice as much matter under a single index. The typography is much improved, the shorter lines rendering the matter more easily legible. As the edition is printed especially for the bound volumes, it is trimmed but once, (instead of twice, as when the weekly pamphlets had to be rebound,) and this gives much better margins to the books.

The publishers have no doubt that a little practical experience will be sufficient to demonstrate to the subscribers the many advantages incident to the new plan of publication. If the SOUTHWESTERN and the other Reporters are made more convenient to the use of the profession, and more permanently valuable as a set of law reports, the objects for which the new departure was made will be fully accomplished. St. Paul, Minn., October, 1889.

(iii)

COURT RULE-ARKANSAS.

RULE 22. No argument: brief, or motion filed or made in this court, shall contain language showing disrespect for or contempt of the trial court,

Any violation of this rule will be treated and punished as a contempt of this court. Adopted July 3, 1888.

(iv)

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COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

KENTUCKY-Court of Appeals.

JOSEPH H. LEWIS, CHIEF JUSTICE.

JUDGES.
WILLIAM H. HOLT.

WILLIAM S. PRYOR.
CASWELL BENNETT.

TENNESSEE-Supreme Court.

PETER TURNEY, CHEF JUSTICE.

ASSOCIATE JUSTICES.
H. H. LURTON.

W. C. CALDWELL.
D. L. SNODGRASS.

W. C. FOLKES.

MISSOURI-Supreme Court.

ROBERT D. RAY, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
THOMAS A. SHERWOOD, THEODORE BRACE.
FRANCIS M. BLACK.

SHEPARD BARCLAY.

ARKANSAS-Supreme Court.

STERLING R. COCKRILL, CHIEF JUSTICE,

ASSOCIATE JUSTICES.
BURRILL B. BATTLE. MONTI H. SANDELS.
SIMON P. HUGHES.

WILSON E. HEMMINGWAY.

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