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THE

SOUTHWESTERN REPORTER,

VOLUME 60,

CONTAINING ALL THE CURRENT DECISIONS OF THE

SUPREME COURTS OF MISSOURI, ARKANSAS, AND TENNESSEE, COURT
OF APPEALS OF KENTUCKY,SUPREME COURT,COURT OF CRIM-
INAL APPEALS, AND COURTS OF CIVIL APPEALS
OF TEXAS, AND COURT OF APPEALS

OF INDIAN TERRITORY.

PERMANENT EDITION.

JANUARY 21-MARCH 18, 1901.

WITH TABLE OF SOUTAWESTERN CASES IN WRICH REHEARINGS HAVE BEEN DENIED.

A TABLE OF STATUTES CONSTRUED IS GIVEN

IN THE INDEX.

KF 샤
135
.37

ST. PAUL
WEST PUBLISHING CO.

1901.

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SOUTHWESTERN REPORTER, VOLUME 60

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME

ARKANSAS-Supreme Court.

HENRY G. BUNN, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
BURRILL B. BATTLE

CARROLL D. WOOD.
SIMON P. HUGHES.

JAMES E. RIDDICK.

INDIAN TERRITORY.

WM. H. H. CLAYTON, CHEF JUSTICE.

ASSOCIATE JUSTICES.
JOHN R. THOMAS.

HOSEA TOWNSEND.
JOSEPH A. GILL.

KENTUCKY-Court of Appeals.

JAMES H. HAZELRIGG, CHIEF Justice. 1
THOMAS H. PAYNTER, CHIEF JUSTICE.2

JUDGES.
THOMAS H. PAYNTER 2

GEORGE DU RELLE.
A. R. BURNAM.

J. D. WHITE.
B. L. D. GUFFY.

J. P. HOBSON.
ED. C. O'REAR. 3

MISSOURI-Supreme Court.

JAMES B. GANTT. CHIEF JUSTICE. 4
GAVON D. BURGESS, CHIEF JUSTICE.5

Division No. 1.

THEODORE BRACE, PRESIDING JUDGE.

ASSOCIATE JUSTICES.
W. M. ROBINSON.

WILLIAM C. MARSHALL
LEROY B. VALLIANT.

Division No. 2.
JAMES B. GANTT, PRESIDING JUDGE 4
THOMAS A. SHERWOOD, PRESIDING JUDGE. 6

ASSOCIATE JUSTICES.
THOMAS A. SHERWOOD. 6 GAVON D, BURGESS. 5

JAMES B. GANTT. 7

1 Term expired January 7, 1901.
2 Became Chief Justice January 7, 1901.
* Term began January 7, 1901.
• Term expired January 7, 1901.

3 Became Chief Justice January 7, 1901.
& Became Bresiding Judge January 7, 1901.
* Term began January 7, 1901.

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COURT RULES.

SUPREME COURT OF TEXAS

It is ordered that the following additional | The motion will be filed, and, together with rules for the government of the practice in the petition and argument, if any, will be this court be adopted, to take effect immedi- sent at once to the consultation room for the ately:

action of the court. If the court should be CERTIFIED QUESTIONS.

clearly of opinion that upon the facts stated 14. When a certified question from a court in the petition the writ should not be awardof civil appeals is presented to the clerk of ed, the motion will be denied by an order this court, he will tile and docket it and send made in open court and entered upon the it at once to the consultation room. If the minutes. Should the court not be of that court should determine that the question is opinion, an order will be passed and entered, not properly certified under the statute, so as requiring the petition to be filed and fixing a to give jurisdiction to answer it, it will be day for the hearing of the cause. dismissed without a hearing. Otherwise it The relator shall also file with his motion will be set down for argument on a day to be a bond, with two or more good and sufficient fixed by the court in regular session. sureties, to be approved by the clerk of this

court, in the sum of fifty dollars; or, in case MANDAMUS.

he be unable to pay the costs, or give security 15. Parties desiring a writ of mandamus therefor, an affidavit in lieu of such bond. from this court are required to cause the peti- Such bond shall be conditioned, or, in case of tion therefor to be presented to the clerk of an affidavit, the affidavit shall be such, as is the court, accompanied with a motion that the required by the statutes for cost bonds or same be filed and set down for a hearing, and affidavits in lieu thereof in suits in the disalso accompanied with such written argument trict court. in behalf of the motion as may be desired. Adopted' February 7, 1901. 60 S.W.

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