DIVORCE:

sufficiency of complaint where divorce is sought on grounds of cruel

and barbarous treatment. Dunn v. Dunn, 516.

proof of offending acts; sufficiency of the evidence a question for the jury. Id.

where divorce is sought on grounds of cruelty, what proof is necessary. Id.

ELECTRICITY:

See PUBLIC SERVICE CORPORATIONS.

right of electric company to change the character of current to be furnished to its subscribers. Hunt v. Marianna Electric Co., 498.

EMINENT DOMAIN:

benefits; increased value of land after the taking of a portion thereof. City of Paragould v. Milner, 334.

rule for measuring the benefit to land by reason of the taking of a portion thereof for a public purpose. Id.

compensation where land is taken by a municipal corporation for a public use. Id.

EQUITY JURISDICTION:

where jurisdiction is assumed for one purpose equity will grant complete relief, when. Hall v. Huff, 206.

jurisdiction of action to recover excessive fees paid to employees of improvement district. Seitz v. Meriwether, 289.

jurisdiction over acts of board and engineer of improvement district. Id.

EVIDENCE:

admissibility of involuntary exclamations of plaintiff, in personal injury action. Prescott & Northwestern Railroad Co. v. Thomas, 56.

admissibility of self-serving declarations by way of narrative of plaintiff in personal injury action. Id.

possession of land as evidence of grant from the State. Carter v. Goodson, 62.

privileged communication; attending physician. St. Louis, I. M. & S. Ry. Co. v. Fuqua, 112.

when evidence is conflicting a question is made for the jury, when. Id.

scintilla rule. Id.

proof by circumstantial evidence; question for jury. Id.

prosecution for vagrancy, admissibility of evidence of similar acts. Cannon v. State, 263.

EVIDENCE:-Continued.

narrative of past events, when admissible. Spivey & Lynch v. State,
267.

letters indicating proposed movements of deceased not part of res
gestae, when. Id.

narrative of past events written in diary, not part of res gestae,
when. Id.

statements of deceased as to why he went to defendant's house not
part of res gestae, when. Id.

evidence of telephone conversation between deceased and defend-
ant. id.

inadmissibility of evidence in a collateral proceeding in prosecution
of defendant for homicide. Id.

pleadings as evidence. Id.

in prosecution for homicide, admissibility of pleadings in divorce
suit previously pending between defendant and deceased. Id.
relationship between deceased and defendant; admissibility of proof
of pendency of divorce proceedings between defendant and de-
ceased as showing motive. Id.

conspiracy in homicide case, how shown. Id.

where premises are entered by permission, presumption how over-
come. Gee v. Hatley, 376.

in action to try title involving adverse possession as against a
church, evidence of payment of taxes by claimant, admissible,
when. Id.

witness may be impeached on cross-examination. Paxton v. State,
393.

credibility of witnesses, question for jury, when. Id.

discretion of court in limiting the extent of cross-examination, re-
marks of court, as constituting prejudicial error. Quertermous
v. State, 452.

right to contradict own witness. Williams v. Cantwell, 542.
testimony of expert witness taken on deposition admissible, when.
Id.

EXECUTION SALE:

effect of sale after the return date.

sale under invalid execution.

FINES:

Cowling v. Britt, 175.
Winkler v. Baxter, 422.

fines imposed by mayor's court, to whom payable. Incorporated
Town of Pocahontas v. State, Use of Randolph County, 448.
fines imposed under municipal or State law, question for jury, when.

Id.

FIXTURES:

fences which are unattached to the ground, and other articles used
in cultivating land, which are not attached, are not fixtures and
do not pass with a sale of the land. Harrell v. Taylor, 111.

FOREIGN CORPORATIONS:

limitations upon right to do business within the State. State ex
rel. Kimberlite, etc., Co. v. Hodges, Secretary of State, 155.
revocation of license of, for failure to comply with State laws. Id.
nature and extent of the right of the State to control foreign cor-
porations not doing interstate commerce. Id.

FORGERY:

necessary allegations in indictment charging. Quertermous v. State,
452.

material parts of instrument forged, must be set out in indictment,
Id.

alteration of claim on an administrator. Id.

alteration of endorsement disallowing claim. Id.

effect of alteration of disallowance of claim on an administrator by
erasing word "not" from the words "not allowed," where later the
administrator paid the claim. Id.

FRAUDULENT CONVEYANCES:

necessary allegations in action to set aside. Baxter County Bank
v. Copeland, 316.

conveyance of exempt property does not constitute, when. Id.

GARNISHMENTS:

necessary parties. Smith v. Spinnenwebber, 384.

necessity for judgment against defendant. Id.

where principal debtor is not made a party to the action, the gar-
nishee is not discharged pending the making of the principal
debtor a party. Id.

overdue promissory note subject to garnishment, when. Id.

note fraudulently transferred subject to garnishment, when. Id.

HOMICIDE:

inadmissibility of evidence of mood of deceased just prior to the
killing. Whitley v. State, 243.

sufficiency of evidence to warrant conviction of. Price v. State, 398.
provocation, mere words. Id.

plea of self-defense, defendant as aggressor. Id.

on issue of self-defense, effect of failure of trial court to instruct as
to retreat. Id.

degree of homicide as affected by provocation and intent; irresisti-
ble passion.

Id.

in prosecution for, sufficiency of evidence to warrant a conviction
of first degree murder. Dewein v. State, 472.

HUSBAND AND WIFE:

rights of wife to dower where she subsequently contracts a biga
mous marriage. Evatt v. Miller, 84.

rights of second wife of man who contracts a bigamous marriage.
Id.

IMPERSONATING AN OFFICER:

elements of crime of. Martin v. State, 230.

IMPROVEMENT DISTRICTS:

jurisdiction of equity to provide a remedy for a taxpayer whose
interests are involved by the acts of board of. Seitz v. Meri-
wether, 289.

where board of, has right of appointment of employees, courts will
not interfere with appointments. Id.

jurisdiction of court to prevent illegal acts of board or engineer of.
Id.

board and engineer of, right of court to control. Id.

right of property owner to compensation when his materials are
used by the district in the construction of the improvement.
Casey v. Trout, 359.

method of securing allowance for materials used by. Id.

effect of laches in asking compensation for materials used by im-
provement district. Id.

nature, powers, duties and limitations upon, of an improvement
district. Lewis v. Rieff, 366.

right of municipal corporation to establish an alley. Id.

INDICTMENTS:

requisite allegations of. State v. Scott, 38.

INSTRUCTIONS:

effect of refusal to give all of a series of requested instructions,
where anyone is erroneous. Hastings Industrial Co. v. Copeland,
415.

argumentative instructions, not prejudicial, when. Id.

multiplication of instructions upon same issue; duty of court. St.
Louis, I. M. & S. Ry. Co. v. Fuqua, 112.

INSURANCE:

effect of failure of agent of insurance company to collect full
amount of premium; personal liability of agent for amount un-
collected. Phoenix Insurance Co. v. Banks et al., 18.

INTERSTATE COMMERCE: See CARRIERS.

JUDGMENTS:

judgment in justice court, when lien on real property in another
county. Winkler v. Baxter, 422.

motion to vacate, effect of failure to show diligence. Trumbull v.
Harris, 493.

right to attack jurisdiction collaterally. Price v. Gunn, 551.
validity of, upon constructive service. Id.

where decree is attacked collaterally for want of jurisdiction, affi-
davits in proof of publication of notice, not part of record, when.
Id.

JURORS:

selection of, in homicide case; competency as controlled by opinion
of. Dewein v. State, 472.

JUSTICES OF THE PEACE:

jurisdiction of, as to amount, in matters involving installment con-
tracts. Stroud v. Conine, 304.

effect where justice sets aside judgment and grants a new trial. Id.
test of jurisdiction of. Id.

practice on appeal where judgment of, was rendered without juris-
diction.

Id.

LACHES: See IMPROvement DISTRICTS:

"laches" defined. Casey v. Trout, 359.

LEASES:

condition of premises, right of abandonment. Little Rock Ice Co.
v. Consumers Ice Co., 532.

covenant to repair a boiler in case of explosion does not require
lessor to repair when boiler is merely dangerous. Id.