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OF THE

SUPREME COURT OF ARKANSAS

FROM 1906 TO 1913

REPORTED IN THE ARKANSAS REPORTS, VOLUMES 78-105

BY

T D. CRAWFORD

FORMERLY REPORTER OF THE SUPREME COURT OF ARKANSAS

VOL. V

MACHINERY TO WRONGFUL ATTACHMENT

ST. LOUIS, MISSOURI

THE F. H. THOMAS LAW BOOK COMPANY

1914

[blocks in formation]

A DIGEST

OF

ARKANSAS REPORTS.

1037

MACHINERY.

Opinion as to construction, repair and operation of, see EVIDENCE, 104, 105.

See FIXTURES.

Duty of master as to, see MASTER AND SERVANT, 15-17, 19, 23-25, 68.

Defective machinery, see

4, 11a.

MAILS.

NEGLIGENCE,

Presumption as to, see EVIDENCE, 10.

MAIL SACK.

Passenger injured by, see CARRIERS, 88c, f, 97h.

MAINTENANCE.

Right of wife to, see HUSBAND AND WIFE, 29.

MAJORITY.

Powers of majority of partners, see PARTNERS, 8a.

MALICE.

See HOMICIDE, 22; LIBEL AND SLANDER, 17d.

MALICIOUS MISCHIEF.

1. KILLING OF DOG.-Under Kirby's Digest, § 1821, providing "that larceny is the felonious stealing, taking and conveying, riding and driving away the personal prop

1038

erty of another," a dog may be the subject of larceny, and therefore of malicious mischief, under Kirby's Digest, § 1893, denouncing a punishment against any person who shall maliciously kill, maim or wound an animal "which it is made larceny to steal." State v. Soward, 83 Ark. 264, 103 S. W. 741.

* * *

2. KILLING OF ANIMAL DAMAGES ΤΟ OWNER TO WHOM PAYABLE.-Under Kirby's Digest, §§ 1892-3, providing that if any person shall maliciously kill, maim or wound another's animal, the jury "shall assess the amount of damages, if any actual damage has occurred, and the court shall render judgment in favor of the party for three-fold the amount so assessed by the jury," the judgment in favor of the owner of an animal so killed or wounded is intended as compensation to such owner, and is not payable into the county treasury nor in county warrants. Baker v. Nanny, 92 Ark. 91, 122 S. W. 109.

MALICIOUS PROSECUTION.

1. Want of Probable Cause, 1. II. Defenses, 2. III. Actions.

A. Pleading, 3.

B. Evidence, 4.

C. Instructions, 5.

I. WANT OF PROBABLE CAUSE. 1a. Where the facts relied upon to constitute probable cause are undisputed, the question is one of law for the court to determine, and should not be submitted to the jury. Whipple v. Gorsuch, 82 Ark, 252, 101 S. W. 735.

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