INDEX.

ACTIONS-RIGHT AND CAUSE.

1. Insurance. Death from blood poisoning caused by infection from pulled tooth not "accidental."

Death through injury to gum, caused by pulling of a tooth which made port of entry for bacteria into the circulatory system and directly resulted in blood poisoning, was not within a policy insuring against bodily injury, through accidental means exclusive of all other causes, and the beneficiary's complaint, alleging such acts, was demurrable. Ramsey v. Fidelity & Casualty Co., 42. 2. Municipal Corporations. Service on mayor of notice of accident on strect must be alleged.

3.

The notice prescribed by Public Acts 1913, chapter 55, to be served on the mayor of a city, stating time and place where injury was received in street, must be alleged, to entitle injured party to maintain his suit and offer proof of notice. Thompson et al. v. City of Chattanooga, 477.

Insurance.

Misrepresentations as to matters not contributing to insurer's death held not to defeat action on certificate. Representation that applicant had not consulted a physician during the preceding five years held insufficient to defeat action on benefit certificate though during such time he had summoned a doctor during an attack of asthma from which he promply recovered, and though during such time he had procured a prescription from a doctor to reduce his flesh at a time when he was not sick, where death was caused by influenza, since representations were as to matters which in no way contributed either directly or indirectly to his death. Hale v. Sovereign Camp Woodmen of the World, 555. 4. Contracts. Beneficiary of contract, though not party thereto, may sue in own name.

The beneficiary, though not a party to the contract, may maintain. an action directly in his own name against the promisor, where such promise between the promisor and promisee is made upon sufficient consideration for the benefit of the third party. Title Guaranty & Trust Co. v. Bushnell et al., 682.

ACTS CITED AND CONSTRUED.

Acts 1811, ch. 1, secs. 2, 3. Forgery. Obtaining signature by fraud held not "forgery." Austin v. State, 300.

ACTS CITED AND CONSTRUED.

ACTS CITED AND CONSTRUED Continued.

Acts 1829, ch. 23, sec. 2. Homicide. Punishment for murder in the
first degree to be determined by jury. Gohlston v. State, 126.
Acts 1829, ch. 23, sec. 40. Forgery. Obtaining signature by fraud held
not "forgery" Austin v. State, 300.

Acts 1837, ch. 29. Homicide. Punishment for murder in the first
degree to be determined by jury. Gohlston v. State, 126.
Acts 1839, 1840, secs. 1-3, ch. 83. Embezzlement. Restitution is no
defense to fraudulent breach of trust. Raine v. State, 168.
Acts 1843-44, ch. 190, sec. 1, ch. 82, secs. 1, 2, 3. Embezzlement.
Private embezzler cannot obtain immunity by re-payment. State
v. Matthews, 463.

Acts 1845-46, ch. 122. Highways. Imployment of counsel by commi3-
sion not in violation of code. Miller v. Washington Co., 488.
Acts 1845-46, ch. 216. Insurance. Statute as to exemption of bene-
fit payable by mutual society from attachment, etc., construed.
Allen v. Cunningham, 13.

Act 1875, ch. 83, Statutes Repeal by implication adjudged only where
acts cannot be harmonized. State v. Selman, 31.

Acts 1875, ch. 142. Insurance. Statute as to exemption of benefit
payable by mutual Society from attachment, etc., construed. Allen
v. Cunningham, 13.

Acts 1877, ch. 97. Jury. No absolute right in original chancery suit,
Miller v. Washington Co., 488.

Acts 181, ch. 105. Statutes. Repeal by implication adjudged only
where acts cannot be harmonized. State v. Selman, 31.

Acts 1891, chs. 22, 105, Costs. State liable for costs where defendant
committed to county jail. State v. Selman, 31.

Acts 1891, chs. 22, 123, sec. 12. Statutes. Repeal by implication
adjudged only where acts cannot be harmonized. State v. Selman,
31.

Acts 1891, ch. 132. Schools and School Districts. Child of sixteen years
and six months required to attend school. Covell v. State, 571.
Acts 1899, ch. 182. Highways. Surety on contractor's bond liable
for food furnished animals and workmen. Carter Co. v. Oliver-Hill
Const. Co., 650

Acts 1901, ch. 96.

ed, if possible.
Acts 1901, ch. 144,

Statutes. Construction making act invalid avoid-
State v. McEwen, 591.

Eminent Domain. Supplying of electric current is
a "public use." Webb v. Knox Co. Transmission Co. 423.
Acts 1905, ch. 447. Statutes. Construction making act invalid avoid-

ed if possible. State, v. McEwen, 591.

Acts 1907, ch. 82, sec. 7. Courts. County court's decree in partition
appealable to Court of Civil appeals as decree in equity; "Court of
equity." Mooney v. Hicks, 413,

ACTS CITED AND CONSTRUED.

ACTS CITED AND CONSTRUED-Continued.

Acts 1909, ch. 127, 151. Eminent Domain. Supplying of electric cur-
rent is a "public use." Webb v. Knox Co. Transmission Co., 423.
Acts 1913, ch. 9. Schools and School Districts. Child of sixteen years
and six months required to attend school. Covell v. State, 571.
Acts 1913, ch. 31, Licenses. Blue Sky Law applies to corporation
engaged in wholesale drug business in State. Goodyear v. Meux,
287.

Acts 1913, ch. 36. Homicide. Punishment for murder in the first
degree to be determined by Jury. Gohlston v. State, 126.
Acts 1913, ch. 55. Municipal Corporations. Service on mayor of
notice of accident on street must be alleged. Thompson v. City
of Chattanooga, 477.

Acts 1915, ch. 11. Schools and School Districts.

Office of school

director is an "office of trust" within Ouster Act. State cx rel. v.
Jones, 575.

Acts 1915, ch. 113.

Appeal and Error. Complainant repelled on
court's own motion for unclean hands, regardless of absence of
ruling on demurrer. Osborne v. Allen, 343.

Acts 1915, ch. 151.

Appeal and Error. No review of evidence in

absence of bill of exceptions. Jackson v. Bell, 452.

Acts 1915, ch, 181, Homicide. Punishment for murder in the first
degree to be determined by jury. Gohlston v. State, 126.
Acts 1917 (Pub.). License. Vehicle tax not double taxation on motor
vehicle. Wilson v. State, 55.

Acts 1917, ch. 14. Homicide, Punishment for murder in the first
degree to be determined by jury. Gohlston v. State, 126.
Acts 1917, ch. 25. Highways. Employment of counsel by commis-
sion not in violation of Code, Miller v. Washington Co., 488.
Acts 1917, ch. 25. Highways. Under statute commission empower-
ed to bring action and employ attorney. Ib.

Acts 1917, ch. 62. Usury. Money lender not obtaining license can-
not escape prosecution for usury on the ground that statute re-
pealed the usury laws. McWhite v. State, 222.

Acts 1917, ch. 74. Highways. Act providing means to co-operate
with federal government in highway building held not repealed.
Williamson Co. v. Turnpike Co. 629.

Acts 1917, ch. 74. Statutes. Provision for revenue for use in road
building, etc., held included in title of acts. Williamson Co..
v. Turnpike Co., 629.

Acts 1917, ch. 80, sec. 2, Schools and School Districts. Child of
sixteen years and six months required to attend school. Covell
v. State, 571.

Acts 1919 (Priv.). License. Vehicle tax not double taxation on
motor vehicle. Wilson v. State, 55.

ACTS CITED AND CONSTRUED.

ACTS CITED AND CONSTRUED Continued.

Acts 1919, ch. 5. Homicide. Punishment for murder in the first
degree to be determined by jury. Gohlston v. State, 126.

Acts 1919, ch. 5. Homicide. Verdict imposing less than death
penalty need not state mitigating circumstances. Mays v. State,
443.

Acts 1919, ch. 5. Homicide. Jury must assess punishment and
verdict not doing so is a nullity. Ib.

Acts 1919, ch. 9. Indictment and Information. When too late to
recommit defective indictment, a new one may be found and the
first quashed. Holder v. State, 229.

Acts 1919, ch. 9. Criminal Law. Quashing unintelligible indictment
permissible. Duncan v. State, 235.

Acts 1919, ch. 46, secs. 2, 3, Taxation. Exemption of $1000 proper
in case of collaterals. State ex rel. v. Branham, 292.
Acts 1919, ch. 46, secs. 2, 3. Taxation. In care of collaterals and
direct descendants, etc., transfers to each class should be consider-
ed as one. State ex rel. v. Branham, 292.

Acts 1919, ch. 90, secs. 1-3. Jury. No absolute right in original
chancery suit. Miller v. Washington Co., 488.

Acts 1919, ch. 90. Highways. Employment of counsel by commis-
sion not in violation of Code. Ib.

Acts 1919, ch. 123. Master and Servant.

Compensation act not

coercive in abolishing common-law defenses. Scott v. Nashville
Bridge Co., 86.

Acts 1919, ch. 123. Master and Servant. "Employer" within com-
pensation act need not have ten persons working at a fixed price.
Vantreace v. Smith, 254.

Acts 1919, ch. 123. Master and Servant. Injury while doing
laundry work for co-employee after working hours held not one
"arising out of and in course of employment" within workmen's
compensation act. Hinton Laundry Co. v. DeLozier, 399.
Acts 1919, ch. 123. sec. 30, subsecs. 9-13. Master and Servant, Con-
clusive presumption, of dependency on father does not exclude
proof of actual dependency on mother. Johnson Coffee Co. v.
McDonald, 505.

Acts 1919, ch. 123. Master and Servant. Injury while returning
with lunch to employer's premises held to "arise out of and in
course of employment" within Compensation Law. Johnson Cof-
fee Co. v. McDonald, 505.

Acts 1919, ch. 123. Master and Servant. Finding supported by evi-
dence in compensation case final. Milne v. Sanders, 603.

Acts 1919, ch. 126. Statutes Act removing disabilities of covert-
ure, and exempting married woman's homestead, held not to
contain two subjects. Bell v. Hart, 587.