DISTRICTS. Drainage or reclamation districts, see Drains, See Wharves. $14. School districts, see Schools and School Dis DOCKS. DOCTORS. tricts, §§ 22–176. Taxing and assessment districts, see Taxation, See Physicians and Surgeons. § 275. DISTURBANCE OF PUBLIC AS SEMBLAGE. See Drains. Breach of the public peace, see Breach of the Best and secondary evidence, see Criminal Law, Peace. § 400; Evidence, §§ 162–178. DITCHES. (F) Judgment or Decree. Bar of cause of action by limitations as ground for opening default, see Judgment, § 145. V. ALIMONY, ALLOWANCES, AND DISPOSITION OF PROPERTY. Actions for separate maintenance, see Husband and Wife, § 286. § 199. Under Rev. St. 1895, art. 2972, held, that a wife may have set aside to her proper support a sufficient portion of the proceeds from her separate land, where the husband does not furnish it and may restrain the husband from exercising the control given him by statute over her separate lands.-Burns v. Burns (Tex. Civ. App.) 333. $201. Application for divorce gives the court jurisdiction to hear the question of alimony.Burns v. Burns (Tex. Civ. App.) 333. (D) Evidence. § 133. In a suit for divorce on the ground of desertion under Rev. St. 1899, § 2921 (Ann. St. 1906, p. 1678), evidence held to sustain decree for plaintiff.-Hamberg v. Hamberg (Mo. See Bills and Notes. App.) 808. --- § 249. The district court has jurisdiction to try a divorce proceeding, and, if the divorce is granted, to decree as to the property rights of the parties; but, if divorce is denied, the court has no power to adjust the property rights of the parties otherwise than fixed by law.-Burns v. Burns (Tex. Civ. App.) 333. DOCUMENTS. As evidence, see Evidence, § 341-382. DOCKET FEES. Imposition of liability for docket fee as depriva- DOING BUSINESS. In state, by foreign corporation, see Corporations, § 642. See Curtesy. DRAFTS. DRAINS. In cities, injuries from defects or obstructions, I. ESTABLISHMENT AND MAIN TENANCE. Action in name of state to recover lands for use of levee district, see States, § 202. § 2. Acts 1903, p. 235, and Acts 1905, p. 185, amending Rev. St. 1899, § 8292 (Ann. St. 1906, p. 3922), relating to the organization of drainage districts, applies to proceedings pending at the time of their enactment.-Western Tie & Timber Co. v. Naylor Drainage Dist. No. 1 (Mo.) 499. § 14. Where, under Rev. St. 1899, § 8292 (Ann. St. 1906, p. 3922), as amended by Acts 1903, p. 235, and Acts 1905, p. 185, relating to drainage districts, the affidavit of appeal to the circuit court does not contain the grounds of appeal mentioned by the statute, the circuit court acquires no jurisdiction.-Western Tie & Timber Co. v. Naylor Drainage Dist. No. 1 (Mo.) 499. §14. Under Rev. St. 1899, § 8292 (Ann. St. 1906, p. 3922), as amended by Acts 1903, p. 235, and Acts 1905, p. 185, held, that on an appeal to the circuit court there were only two questions reviewable.-Western Tie & Timber Co. v. Naylor Drainage Dist. No. 1 (Mo.) 499. DRAMSHOPS. Special laws imposing liability for docket fees, See Intoxicating Liquor see Statutes, § 76. DRUNKARDS. Intoxication as affecting validity of contracts, see Contracts, § 92. DOCKETS. Of civil causes for trial, see Trial, § 10. I. RIGHT OF ACTION AND DE- § 9. In an action to recover possession of land, plaintiffs must recover upon the sufficiency of their own title without reference to the title of defendant.-Winn v. Campbell (Ark.) 1059. III. PLEADING AND EVIDENCE. Amendments regarded as made in appellate court, see Appeal and Error, § 889. IV. TRIAL. JUDGMENT, ENFORCEMENT OF JUDGMENT, AND REVIEW. Matters concluded by judgment, see Judgment, § 645. V. DAMAGES, MESNE PROFITS, IMPROVEMENTS, AND TAXES. § 146. In a suit for recovery of land, held, that improvements, to be recoverable, must be prayed for.-Rucker v. Martin, Phillips & Co. (Ark.) 1062. ELECTION. Between counts in indictment or information, see Indictment and Information, § 132. ELECTIONS. VII. BALLOTS. § 168. Ky. St. § 1453 (Russell's St. § 4012). held directory only, and an election is not invalid because the ballots contained no figure or device to designate the candidate or principle represented. Thompson v. Yowell (Ky.) 1102. ELECTRICITY. Electric railroads, see Street Railroads. Injuries to employés, see Master and Servant, §§ 150, 235, 236. Liability of master for injuries to servant from defective electrical apparatus and structures, see Master and Servant, §§ 119, 123. Telegraph and telephone lines, see Telegraphs and Telephones. § 14. The duty of a telephone company putting in a telephone to guard against lightning stated.-Southwestern Telegraph & Telephone Co. v. Abeles (Ark.) 724. § 19. In an action for injuries to a person using a telephone by lightning being conducted over the wires, certain evidence held admissible to show that the absence of ground wires was dangerous. Southwestern Telegraph & Telephone Co. v. Abeles (Ark.) 724. § 19. In an action against a telephone company for injuries sustained by lightning while using a telephone, evidence held to show that the failure of the defendant to attach a ground wire to its lightning arrester, to the telephone, was negligence proximately causing the injury. -Southwestern Telegraph & Telephone Co. v. Abeles (Ark.) 724. EMBEZZLEMENT. See False Pretenses; Larceny. Civil liability for conversion, see Trover and Conversion. § 23. In a prosecution for embezzlement from a foreign insurance company, it was no defense that the money embezzled was collected for insurance written illegally.-State v. Blakemore (Mo.) 429. § 26. An indictment for embezzlement from a foreign corporation held not defective for failure to allege the character of the corporation's business, or that it was authorized to do business in Missouri.-State v. Blakemore (Mo.) 429. § 32. An indictment for embezzlement held sufficient under Rev. St. 1899, § 1912 (Ann. St. 1906, p. 1304).-State v. Blakemore (Mo.) 429. EMINENT DOMAIN. Dedication of property to public use, see Ded ication. Public improvements by municipalities, see Municipal Corporations, §§ 304-531. II. COMPENSATION. (A) Necessity and Sufficiency in General. $69. Exercise of the right of eminent domain given to railroads under conditions specified in Const. art. 2, § 21 (Ann. St. 1906, p. 148), and by statutes by which private property may be taken for public use, requires a just compensation to the owner.-Robinson v. Springfield Southwestern Ry. Co. (Mo. App.) 994. $79. Plaintiffs held estopped by laches from claiming damages for a railroad company's anpropriation of certain land for which plaintiffs claimed as accretions to certain city property owned by them.-Withers v. Kansas City Suburban Belt R. Co. (Mo.) 432. (B) Taking or Injuring Property as Ground for Compensation. § 106. Right conferred by municipal authorities to lay a railroad track on a highway requires that the grade of the street or highway be conformed to, and, if embankments are raised above such grade, the company is liable in damages for obstructing access to property.Robinson v. Springfield Southwestern Ry. Co. (Mo. App.) 994. § 106. An additional use of a highway for a railroad held to render the company responsible for loss to an abutting landowner to the extent of the diminished value of his property.-Robinson v. Springfield Southwestern Ry. Co. (Mo. App.) 994. $ 70. Const. art. 1, § 17, providing that private property shall not be taken for public use without compensation, has no reference to proceedings under Paris City Charter, §§ 138, 147, relating to public improvements.-City of Paris v. Brenneman (Tex. Civ. App.) 58. | § 222. In a condemnation proceeding, the omission of the word "evidence" or "testimony," or similar expressions, from the instructions on the measure of damages, held not erroneous.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. § 119. Under Const. art. 1. § 17, a property owner may recover damages for construction of a telegraph and telephone line in the street in front of his home.-Southwestern Telegraph & Telephone Co. v. Smithdeal (Tex. Civ. App.) 942. (C) Measure and Amount. $134. The market value of land taken in condemnation proceedings is to be determined by its value for all the purposes to which it is adapted. St. Louis, I. M. & S. R. Co. v. Theodore Maxfield Co. (Ark.) 83. $136. Witnesses in determining the value of land taken and the depreciation of adjoining land held entitled to consider its value for town lots.-St. Louis, I. M. & S. R. Co. v. Theodore Maxfield Co. (Ark.) 83. § 141. Measure of damages for construction of telegraph and telephone line in front of property stated.-Southwestern Telegraph & Telephone Co. v. Smithdeal (Tex. Civ. App.) 942. $ 145. In proceedings to condemn land, the damages held not subject to diminution by benefits to the residue of the land under Const. art. 12.9 (Kirby's Dig. § 2953).-St. Louis, I. M. & S. R. Co. v. Theodore Maxfield Co. (Ark.) 83. § 146. In a proceeding to condemn land for a railroad right of way, an instruction on the subject of special benefits held proper in view of the evidence.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. III. PROCEEDINGS TO TAKE PROP- § 202. The value of land, though fixed by the owner when assessed for taxation, forms no criterion of its value in a proceeding to condemn it.-Crystal City & U. R. Co. v. Isbell (Tex. Civ. App.) 47. § 203. On the issue of damages, evidence that the owners intended to divide a portion of the land into lots for immediate use was ad missible. Crystal City & U. R. Co. v. Isbell (Tex. Civ. App.) 47. § 222. The court, in condemnation proceedings, must direct the jury what they are to consider upon the issue of damages.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. § 222. An instruction in a condemnation proceeding held not to assume that the land taken was adapted to other uses than those to which it had been applied.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. § 222. An instruction in a condemnation proceeding held not objectionable for failing to refer to market value in determining the value of the property.-Crystal City U. R. Co. v. Boothe (Tex. Civ. App.) 700. § 222. An instruction, in a condemnation proceeding, on the measure of damages, held not erroneous because of the use of a certain word.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. $239. The jury, on appeal from the damages awarded by the board of commissioners in condemnation proceedings, should not consider for any purpose the amount awarded by the board.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. § 241. A railroad condemning land held to have the right to have the judgment reformed so as to include a tract of land omitted from the petition by mistake.-Getzendaner v. Trinity & B. V. Ry. Co. (Tex. Civ. App.) 328. § 242. Judgment in proceedings for opening a street held not subject to collateral attack for irregularities.-Zeilda Forsee Inv. Co. v. Phoenix Brick & Construction Co. (Mo. App.) 788. IV. REMEDIES OF OWNERS OF § 273. Where interference of defendant's telegraph and telephone lines with trees in front of plaintiff's premises could be obviated without great expense or inconvenience, the issue of a mandatory injunction is proper. Southwestern Telegraph & Telephone Co. v. Smithdeal (Tex. Civ. App.) 942. EMPLOYÉS. See Master and Servant. § 146. The jury, in a condemnation proceeding for a railroad right of way, held required to estimate the damages which the land sustains by reason of the railroad running through it, less peculiar benefits.-Crystal City & U. R. Co. v. Boothe (Tex. Civ. App.) 700. ENACTMENT. Of municipal ordinances, or by-laws, see Municipal Corporations, §§ 106-114. ENCROACHMENT. I. JURISDICTION, PRINCIPLES, AND By judiciary on Legislature, see Constitutional (A) Nature, Grounds, Subjects, and ExLaw, § 70. tent of Jurisdiction in General. By Legislature on judiciary, see Constitutional Grounds for injunction, see Injunction, § 14. On highway, see Highway, § 164. MAXIMS. §3. The power of a court of equity is not to be exercised to relieve a party or other person from the consequences of his own inexcuseable neglect.-Betzler v. James (Mo.) 1007. $ 39. When a court of equity once acquires jurisdiction of a cause. it will not relax its grasp till it shall have decided a multiplicity of suits by doing full, adequate, and complete justice between the parties.-School Dist. No. 1 v. Holt (Mo.) 462. II. LACHES AND STALE DEMANDS. confirm or try tax title, see Taxation, §§ 805, 816. To recover compensation for land taken for public use, see Eminent Domain, § 79. IV. PLEADING. In suit for injunction, see Injunction, § 118. In suits for injunction, see Injunction, § 118. In particular proceedings. See Injunction, § 128. For divorce, see Divorce, § 133. To enforce specific performance, see Specific To reform written instrument, see Reformation To set aside transfers in fraud of creditors or subsequent purchasers, see Fraudulent Conveyances, §§ 298, 301. VIII. HEARING, SUBMISSION OF IS- IX. MASTERS AND COMMISSIONERS, X. DECREE AND ENFORCEMENT In suit to quiet title, see Quieting Title, § 52. § 429. A decree quieting title without adjudicating the claim for improvements under Kirby's Dig. § 2754 et seq., held final on all the issues, precluding the court from modifying it by declaring a lien against the land for the improvements.-Gaither v. Campbell (Ark.) 1061. ERROR, WRIT OF. See Appeal and Error. ESCAPE. Homicide in preventing escape, see Homicide, § 105. Resisting or obstructing arrest, see Obstructing Justice. ESCHEAT. 4. Title to land sold by the state to the board of levee inspectors elected under Act Jan. Relief from judgment, see Judgment, § 447. Review on appeal. Scope and extent of review in equitable actions, 7. 1857, held not to escheat to the state, on the see Appeal and Error, § 1009. board ceasing to exist, but to pass to its succes 1255 § 38. A quitclaim deed held to contain no special warranty or representations such as would work an estoppel against grantor, so as to prohibit him or his subsequent grantees from claiming under an after-acquired title.-Breen v. Morehead (Tex. Civ. App.) 650. § 39. A deed construed to be a quitclaim. Breen v. Morehead (Tex. Civ. App.) 650. § 53. That defendant, who conveyed property to another, who in turn conveyed to defendto state that it should be her separate property ant's wife, intended the conveyance to his wife held not to estop him from claiming that he did not intend to give her the property, but conveyed it to her to avoid claims of creditors.Du Perier v. Du Perier (Tex. Civ. App.) 10. $39. The principle of estoppel may be invoked though grantor's deed is without covenant of warranty, if it purports to convey a particular estate which he afterwards acquires. -Breen v. Morehead (Tex. Civ. App.) 650. $56. Estoppel cannot be invoked to protect a person from the legal consequences of his act or omission, where such act or omission was in no wise induced by the act or omission of the as constituting the esother party relied on toppel.-Head v. Pacific Express Co. (Tex. Civ. App.) 682. 41. Where a deed expressly or impliedly falsely represents grantor when conveying was possessed of title which his deed purported to convey, whether he committed a fraud or acted under an honest mistake, he is estopped to deny he has title and cannot set up an after-acquired title.-Breen v. Morehead (Tex. Civ. App.) 650. § 56. To constitute an estoppel in pais, the matters claimed to constitute an estoppel must have in some material respect influenced the conduct of the other party.-Gose v. Coryell (Tex. Civ. App.) 1164. § 45. If a subsequent purchaser of an afteracquired title received no notice of the prior deed, the estate in his hands is freed from the estoppel.-Breen v. Morehead (Tex. Civ. App.) (B) Grounds of Estoppel. § 63. A railroad company held estopped from claiming that it was not bound to rebuild a fence destroyed by its employés.-Illinois Cent. R. Co. v. Doss (Ky.) 349. § 63. A railroad company held estopped, by its promise to an adjacent owner, from claimway fence.-Illinois Cent. R. Co. v. Doss (Ky.) ing that it was not bound to rebuild a right of 349. § 69. An engineer, suing for injuries in a rear-end collision, held entitled to plead a habitual disregard of a rule regulating the operation of trains, with the knowledge of the rail road. International & G. N. R. Co. v. Brice (Tex. Civ. App.) 613. § 94. The owner of a team, who left it in another's possession after learning of latter's a subsequent purchaser from the bailee, to claim attempts to dispose of it, held estopped as against title to the team.-Busby v. Altes (Mo. App.) 968. (C) Persons Affected. § 98. The vendee of one estopped from claiming title is also estopped.-Allen v. Daniel (Ark.) 384. |