1. Death of plaintiff in action for personal injuries, abates
after two terms without revivor by administrator...... 540
2. No revivor by heirs or next of kin, unless it is shown
that no one will administer
3. Suit cannot proceed in the name of the deceased, unless
he died of the injury sued for
See Misjoinder of Actions.
ACTS CITED AND CONSTRUED.
1. Lien of levy of justice's execution is continued or pre-
served, how. 1899, ch. 39
2. Omission of the words "in the name of the State" in the
prescribed form of scire facías is not fatal. 1897, ch. 47.. 76
3. Turnpike companies created by special acts are not sub-
ject to limitations of the Code, as to tolls nor to the pro-
visions of subsequent general laws. 1859-60 (Private),
ch. 3; 1851-52, ch. 266, secs. 8-11; 1831, ch. 46; 1829
(Private), ch. 255; 1875, ch. 142, sec. 7
4. Turnpikes cannot take toll from one going to mill on
horseback, when. 1875, ch. 142, sec. 7; 1899, ch. 369, sec.
2....
5. Lien for taxes against whole estate, including remainder
estate though land is assessed to life tenant only. 1897,
ch. 1, secs. 4 (1), 27; 1899, ch. 435, secs. 5 (1), 33; 1901,
ch. 174, secs. 5 (1), 32; 1903, ch. 258, secs. 5 (1), 32...... 156
6. Statutes providing for assessment of mineral, timber,
and other interests in land do not require a remainder es-
tate to be assessed separately to the remainderman.
1895, ch. 120, secs. 6 (7); 1897, ch. 1, sec. 4 (6); 1899, ch.
435, sec. 5 (5); 1901, ch. 174, sec. 5 (5); 1903, ch. 258, sec.
5 (5)......
7. Statutes making taxes assessed to a life tenant a lien on
the remainder estate are constitutional. 1897, ch. 1,
secs. 4 (1), 27; 1899, ch. 435, secs. 5 (1), 33; 1901, ch. 174,
secs. 5 (1), 32; 1903, ch. 258, secs. 5 (1), 32.
*This index was prepared by R. T. Shannon, Esq., of the Nash-
ville bar, and it affords me pleasure to acknowledge my obligation
therefor.-Reporter.
ACTS CITED AND CONSTRUED-Continued.
8. Penalty on taxes against life tenant do not attach to re-
mainder estate for nonpayment by life tenant. 1897, ch.
1, secs. 59, 66; 1899, ch. 435, sec. 50; 1901, ch. 174, sec. 49;
1903, ch. 258, sec. 49.......
9. Foreign corporations not complying with statutes as con-
dition of doing business are not entitled to affirmative
relief, though failure was through mistake or inadver-
tence. 1877, ch. 31; 1891, ch. 122
10. Ouster will not be adjudged against a foreign corpora-
tion for omission to comply with statute as to local bus-
iness, where the statute imposes no such penalty. 1877,
ch. 31; 1891, ch. 122
11. Telephone Company's purchase of competing companies
is not ground for forfeiture or ouster. 1887, ch. 198...... 194
12. The mere purchase of property by a foreign corporation,
without registration of its charter, is not unlawful, but is
valid as against every one save the State. 1877, ch. 31;
1891, ch. 122; 1895, ch. 81...
.... 213
13. Process cannot be served on the resident attorney of a
foreign corporation acting in that capacity alone. 1887,
ch. 226
14. Plea in abatement to jurisdiction is not waived by answer
to the merits, when. 1897, ch. 121....
15. Pleas in abatement and in bar may be filed simultan-
eously or plea in abatement may be filed independently,
and if overruled then a plea in bar may be filed. 1897,
ch. 121 ...
16. Statute redistricting Cumberland county contains but one
subject, and is constitutional. 1903, ch. 599
17. Affirmance of justice's judgment for his failure to file the
papers, on production thereof by the appellee. 1809
(Sept. ses.), ch. 63, sec. 2; 1811, ch. 119, sec. 2..426, 428, 429
18. Statute construed as legislative acceptance of the trust
for the Goodwyn Institute. 1903, ch. 353
19. Purchaser of time certificates of deposit in the name of
one as trustee acquires no title against the beneficiary,
where such trustee had no power to dispose of them,
when. 1899, ch. 94, sec. 56......
20. A stock law or no fence law is not unconstitutional be-
cause applicable to counties of a certain population only
according to the federal census. 1903, ch. 499........... 531
21. Statutes specifically defining credits for a good conduct
of convicts, in existence at date of conviction, is not an
invasion of the pardoning power. 1869-70, ch. 59, sec. 7;
1885 (ex. ses.), ch. 15; 1891, ch. 123, sec. 18.
ACTS CITED AND CONSTRUED—Continued.
22. Statute authorizing commutation of sentences in the
discretion of a board, without prescribing the schedule of
specific credits for good conduct, is an unconstitutional
delegation of legislative authority. 1891, ch. 123, sec. 18.. 646
23. Statute unconstitutional and void in part may be valid in
other parts, when. 1891, ch. 123, sec. 18.......
646
24. Property taken in kind by a widow in payment of a be
quest of one-half of the residue of the estate is not sub-
ject to the collateral inheritance and succession tax,
when. 1893, ch. 174, secs. 1, 10; 1893, ch. 89, sec. 7...... 677
25. Clear or net value of share of estate after deduction of
debts, etc., is subject to collateral inheritance and suc-
cession tax. 1893, ch. 89, sec. 7; 1893, ch. 174, sec. 1...... 677
26. Payment of bank check may be stopped by the drawer
before its acceptance. 1899, ch. 94, sec. 189.....
27. Widow failing to dissent from her husband's will is ex-
cluded from the intestate personalty. 1766, ch. 3, sec. 1;
1784 (April ses.), ch. 22, sec. 8; 1859-60, ch. 3, sec. 1......
28. Statutes on subject of aliens superseded by other stat-
utes. Acts 1875, ch. 2, superseding secs. 1998-2000 of Code
(1858)
29. Statute applying only where all the heirs are aliens.
1883, ch. 250
1. Jurisdiction of circuit court is appellate and revisory only
as to their appointment.
2. Jurisdiction to revoke or cancel letters of administration
is in the county court ...
3. Right of next of kin to nominate an administrator.... 289
4. Right of next of kin to nominate another after court's
refusal to appoint first nominee
5. Attorney representing bulk of estate, but obligated to
carry into effect certain agreements requiring the sanc-
tion of the chancery court is ineligible......
6. Right of next of kin to make second nomination is not
waived by his appeal and decision against first nominee.. 289
7. Court to decide between next of kin of same degree ap-
plying for administration
In unsworn pleadings by innocent mistake do not conclude
the parties, when
Actual possession of part of land under registered assur-
ance of title extends adverse possession to the whole
tract, enabling such adverse possessor to maintain a re-
plevin suit for the timber felled and removed therefrom.. 117
ADVICE OF COUNSEL.
See Malicious Prosecution.
Of justice's judgment for his failure to file the papers, upon
production thereof by the appellee....
1. Their children born in this country are citizens of this
country...
2. Presumption that alienage continues
3. Upon marriage of an alien woman to a citizen of this
country, she and her minor children become citizens... 711
4. Where alien heirs cannot inherit the citizen heirs will
take the whole inheritance
711
5. Capacity to inherit depends upon statutes or treaties... 711
6. Statutes on subject superseded by other statutes.......... 711
7. Acts 1853, ch. 250, applies only where all the heirs are
aliens
1. Remandment for, refused where justice has been done..
2. Remandment for, refused if party asking is guilty of cul-
pable negligence
Act amending prior act "so as to read as follows" takes
effect from date of amendment
Facts in, taken to be true, where the cause is set down for
hearing upon the bill and answer
1. Not until final decision
2. Allowed by statute before final decision in equity cases
3. Will not lie where trial judge sustains one ground of de-
murrer, directed to one part of declaration, and overrules
other grounds to the whole declaration in an action to
recover damages for deceit in a sale and purchase of
land
1. Affirmance of justice's judgment for the justice's failure
to file the papers, upon production thereof by the ap-
pellee
2. Errors reviewable and correctible in the supreme court.. 632
APPEAL BONDS.
Surety liable for costs adjudged against his principal to
amount of
1. For permitting a lease to be used as an absolute criterion
for value is too general, when
2. Rule in supreme court limiting errors assignable to the
ground for new trials set out in the motion, when ...... 632
3. In the supreme court limited to errors assigned on motion
for new trial under rule of lower court, when.... ... 632
4. Demurrer not acted on in the lower court cannot be as-
signed as error in the supreme court...
Not to be resorted to when personal service can be had,
when
1. Exoneration of sureties will not be granted without sur-
render of principal, when ...
2. Exoneration of sureties will not be granted except in ex-
treme cases
1. Payment may be stopped by drawer before acceptance.. 693
2. Drawer is precluded from stopping payment where it was
the intention to assign the specific fund, when......
3. Payment by drawee bank after stoppage of payment is
not ratified by drawer's suit against the payee, when.... 693
See Bills and Notes.
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