8865 (Ann. St. 1906, p.
812)

§ 592 (Ann. St.
612)

8 607 (Ann. St.
640)
§ 643 (Ann. St. 1906, p.
662)

114

§ 691, 694 (Ann. St. 1906, pp. 700, 703).. 8746 (Ann. St. 1906, p. 731)

p.

352

352

151

.1097

88 1820-2014 (St. 1909, §
3720b, subsecs. 1-195).. 114
88 1885-1887, 1921, 1928
(St. 1909, § 37206. sub-
secs. 25-27, 52, 59)...
§§ 2463, 2489 (St. 1909, §§
2725, 2739).

114

139

3717 (St. 1909, § 3915).. 352
3962 (St. 1909, § 4039).. 151
4012 (St. 1909, § 1453)..1102 § 1848 (Ann. St.

LAWS.
1889-90, ch. 1621..
1904, ch. 102, § 63.
1904, ch. 102, §§ 124, 125 131
1906, ch. 117...

352
356

8 776 (Ann. St. 1906, 751)

§ 806 (Ann. St. 1906, 769)

8 809 (Ann. St. 1906, 777)

§ 813 (Ann. St. 1906, 783)

p.

p.

p.

1278)
§ 1912 (Ann. St.
1304)
429
§ 1927 (Ann. St. 1906, p.
1312)
.406, 442
§§ 2176-2178 (Ann. St.
352
1906, p. 1396).
§ 2213 (Ann. St. 1906, p.
1410)
.406, 442
88 2337, 2338, 2342 (Ann.
St. 1906, pp. 1444-1446) 823
§ 2369 (Ann. St. 1906, p.
1457)

495

MISSOURI.
CONSTITUTION.

Art. 2, § 15 (Ann. St. 1906,
p. 137).

.1023

448, 478 1906, p.

Art. 2, § 21 (Ann. St. 1906, p. 148).

994

Art. 2, § 24 (Ann. St. 1906, p. 160).

1031

§ 2370 (Ann. St.
1458)
§ 2393 (Ann. St.
1466)
§ 2616 (Ann. St.
1550)
§ 2649 (Ann. St. 1906, p.
1576)

.1051

§ 2702 (Ann. St. 1906, p.
1591)

1051

159

Art. 2. § 28 (Ann. St. 1906,
p. 162).
Art. 2, § 30 (Ann. St. 1906,
p. 166)..
.466, 1051
Art. 4, 53 (Ann. St. 1906,
p. 198).
Art. 6, § 34 (Ann. St. 1906,
§ 2864. Amended by Laws
p. 238).
1905, p. 135 (Ann. St.
Art. 9, 7 (Ann. St. 1906,
1906, p. 1637). ...169, 209
p. 260)..
§ 2866 (Ann. St. 1906, p.
....466, 506
Art. 9, § 23 (Ann. St. 1906,
1646)
209
p. 271)....
§ 2869 (Ann. St. 1906, p.
1653)
REVISED STATUTES 1835. § 2870 (Ann. St. 1906,
Page 124, § 37...... ...10272921 (Ann. St. 1906, p.
REVISED STATUTES 1899. § 2938 (Ann. St. 1906, p.
1678)
§ 223 (Ann. St. 1906, p.
1694)
415)

495

999

p.

1654)

243

808

.1023

215 3410 (Ann. St. 1906, p.
1940)

§ 544 (Ann. St. 1906, p.
583)

.1002

999 $ 3418 (Ann. St. 1906, p.
1906, p.
1951)
.177, 184
.752, 8048 3650. Amended by Laws
1906, p.
1903, p. 200 (Ann. St.
1906, p. 2060).
§ 3785 (Ann. St. 1906, p.
2102)

999

159

524

218

§ 650 (Ann. St. 1906, p.
667)
.403, 424, 483
§ 660 (Ann. St. 1906, p.
679)

§ 3852 (Ann. St. 1906, p.
2135)
212

801

S$ 4074, 4075 (Ann. St.
1906, pp. 2217, 2220)..
§ 4078 (Ann. St. 1906, p.
2223)

432

524

§ 4160 (Ann. St. 1906, p.
2252)

804

§ 4273 (Ann. St. 1906, p.
2349)

§ 4611 (Ann. St. 1906, p.
2505)

984

749

§ 4646 (Ann. St. 1906, p.
2517)
§ 5222 (Ann. St. 1906, p.
2718)

1035

...

§ 866.

Amended by Laws
1903, p. 105 (Ann. St.
1906, p. 815)...
88 923, 924 (Ann. St. 1906,
pp. 845, 846)...

.1007

415

8 1059 (Ann. St. 1906, p.
913)

517

p.

524

§§ 1254-1256 (Ann. St.
1906. pp. 1028-1030). 773
§ 1678 (Ann. St. 1906, p.
1219)

.1021
§ 1817 (Ann. St. 1906, p.
1262). Amended by
Laws 1907, p. 236.. 1031
§ 1826 (Ann. St. 1906, p.
1267)

448

§ 1847 (Ann. St. 1906,
1277)

p.

961

1906, p.
.961, 996
1906, p.

§ 1060 (Ann. St. 1906,
915)

815

961
1906, p.
.961, 996
1906, p.

243

522

§ 5222. Amended by Laws
1905, p. 53 (Ann. St.
1906, p. 2718)...
88 5246-5251 (Ann. St.
1906, pp. 2728-2730)..
88 5252-5256 (Ann. St.
1906, pp. 2749, 2750)... 466.
88 5252-5262 (Ann. St.
1906,
pp. 2749-2753).
Repealed by Laws 1909,
p. 142.

400 478

88 5263-5488 (Ann. St.
1906, pp. 2756-2812).
Repealed by Laws 1909,
p. 142.
§ 5665. Amended by Laws
1903, p. 74 (Ann. St.
1906, p. 2888)..

788

$$ 5670, 5671 (Ann. St.
1906, pp. 2888, 2889)... 788
§ 6004 (Ann. St. 1906, p.
3032)

466

§ 6258 (Ann. St. 1906, p. 3129)

495

§ 6566 (Ann. St. 1906, p.
3283)

810

§ 6761 (Ann. St. 1906, p.
3328)

530

§§ 6790, 6792, 6793, 6796
(Ann. St. 1906, pp. 3336-
3338)

§ 8292. Amended by Laws
1903, p. 235; Laws
1905, p. 185 (Ann. St.
1906, p. 3922)..

§ 8978 (Ann. St. 1906, p.
4157)

§ 9472 (Ann. St. 1906, p.
4347)

1906.
Page 137, 15
Page 148, § 21
Page 160,
Page 162,
.1031

607

643

650

§ 660
$$ 691, 694.
746

ANNOTATED STATUTES

776 8 806

$ 809

§ 813

$ 865

§ 866

..1023 ... 994 24 ..1031 28 .1051 Page 166, § 30 .466, 1051 Page 198, § 53 .1051 Page 238, 34 159 Page 260, 7 .466, 506 Page 271, 23 495 Page 4818. § 26, cl. 12. 166 Pages 4820, 4833, 4834, §§ 32, 41, 45.. $223 $ 544

592

§§ 923, 924.

§ 1059

506

506

.1044

$$ 2337, 2338, 2342. 243 § 2369

499

773

197

397 215 999

752, 804 999 524

.403, 424, 483

801

432

524

804

984

749

1035

815

.1007 415

517

524

773

.1021

.1031

448

961

.961, 996.

429 .406, 442 .1030 495 406, 442 823 .448, 478

Arrest of judgment, see Judgment, §§ 259, 263. Live stock, carriage of, see Carriers, §§ 212-230.

See Burglary; Embezzlement; False Pretenses;
Larceny.

STREAMS.

Riparian rights, see Waters and Water Courses, $ 93.

STREET RAILROADS.

See Railroads.

§ 114. Evidence held not to show that a motorman saw the driver of a wagon was in peril in time to avoid a collision by exercise of ordiCarriage of passengers, see Carriers, §§ 248, juries to the driver whose negligence was connary care as was claimed in an action for in265-277, 280-321, 325-348. ceded.-Barnard v. Metropolitan St. Ry. Co. (Mo. App.) 516.

I. ESTABLISHMENT, CONSTRUCTION,
AND MAINTENANCE.
Appellate jurisdiction of action to restrain lay-
ing of tracks on street, see Courts, & 231.

$34. Provision of a street railway company's charter held not to authorize abutting property owners to dictate as to the maintenance and operation of the line.-Heidegger v. Metropolitan St. Ry. Co. (Mo. App.) 990.

II. REGULATION AND OPERATION.
Error in instructions cured by giving other in-
structions, see Trial, § 296.
Injuries to passengers, see Carriers, §§ 280-321,
325-348.

Instructions as to damages for wrongful death,
see Death, § 104.

§ 70. In a suit by abutting property owners to enjoin the re-routing of a street car line, evidence held not to show that the proposed new routing would tend to depreciate the service on the line.-Heidegger v. Metropolitan St. Ry. Co. (Mo. App.) 990.

§ 70. A street railroad company, whose franchise requires efficient service, can be compelled to render such service by the city if it fails to do so.-Heidegger v. Metropolitan St. Ry. Co. (Mo. App.) 990.

§ 70. An ordinance, containing an agreement between the city and a street railway company which reserved to the city the right to regulate the re-routing of all lines, was not contrary to public policy, nor unlawful.-Heidegger v. Metropolitan St. Ry. Co. (Mo. App.) 990.

§ 112. An injury caused by the derailment of a street car held to make out a prima facie case of negligence.-Baker v. Metropolitan St. Ry. Co. (Mo. App.) 764.

$ 70. If the re-routing of a street car line by a city, so as to require a change of cars where none was formerly required, would not prevent efficient service on the line, and subserves the interest of the general public, the property owners abutting thereon cannot enjoin the re-routing because of any depreciation in the value of their property caused thereby.-Heidegger v. Metropolitan St. Ry. Co. (Mo. App.) 990.

SUBSCRIPTIONS.

§ 79. Facts held to show that a street railroad company was liable for the negligent derailment of a street car, whereby a person on To corporate stock in general, see Corporations, a sidewalk was injured.-Baker v. Metropolitan $ 84. St. Ry. Co. (Mo. App.) 764.

SUBSTITUTES.

§ 81. A street railroad company is required

to exercise a much higher degree of care to re- For public officers, see Judges, § 16.
frain from injuring children on the streets than
it owes to adults.-Childress v. Southwest Mis-
souri R. Co. (Mo. App.) 169.

SUBSTITUTION.

Of parties, see Parties, § 59.

SUCCESSION.

$95. Where a street railway motorman sees a child approaching the track, he must slacken the speed of his car to get it under control so that if the child attempts to cross the track the See Descent and Distribution. motorman will be able to greatly lessen the chances of collision.-Childress v. Southwest Missouri R. Co. (Mo. App.) 169.

SUFFRAGE

§ 103. The application of the humanitarian In general, see Elections. doctrine to street railroads stated.-Parrish v. Metropolitan St. Ry. Co. (Mo. App.) 767.

SUIT.

§ 112. There is a strong presumption that cars operated on the tracks of a street railway See Action; Equity.

are being run by the authority of the company, and not by strangers or by employés acting beyond the scope of their duties.-Baker v. Metropolitan St. Ry. Co. (Mo. App.) 764.

SUMMARY PROCEEDINGS.

Criminal prosecutions, see Criminal Law, § 260.

IV. PLACE OF TAXATION.

$275. Under Kirby's Dig. § 6936, construed
in view of Act Feb. 16, 1899 (Laws 1899, p.
18; Kirby's Dig. § 825 et seq., including sec-

In indictment or information, see Indictment tion 828), held that the personalty of a for-
and Information, § 120.

SURPRISE.

Ground for continuance, see Continuance, § 31.

SURVEYS.

Of public lands, see Public Lands, § 151.

SURVIVORSHIP.

Construction of will, see Wills, § 545.

SUSPENSION.

Of running of statute of limitations, see Limi-
tation of Actions, §§ 95-104, 127.

SWAMP LANDS.

See Public Lands, § 61.

Drainage by public authorities, see Drains.

SWEARING.

False swearing, see Perjury.

SWINDLING.

See False Pretenses.

TAXATION.

For municipal improvements, see Municipal
Corporations, §§ 407, 449, 531.
License taxes, see Licenses, §§ 5, 7.
Lien on homestead for taxes paid by mortgagee,
see Homestead, § 128.

Payment of taxes to sustain adverse possession,
see Adverse Possession, §§ 86-95.

I. NATURE AND EXTENT OF POWER
IN GENERAL.

License taxes, see Licenses, § 5.

eign corporation was assessable for taxation
in the county in which its principal place of
business was, though part of it was used in
another county in the state.-McDaniel v. Tex-
arkana Cooperage & Mfg. Co. (Ark.) 727.

V. LEVY AND ASSESSMENT.

(E) Assessment Rolls or Books.

§ 421. In a suit by the state to recover past-
due taxes and to foreclose a tax lien, the de-
scription of the property in the assessment held
sufficient, though the assessor omitted to give
the survey number.-State v. Adams (Tex. Civ.
App.) 674.

8 446. Under Acts 1909, p. 769, § 11, de-
fining the duties of the state tax commissioner,
the board may not maintain a bill to enjoin
the county clerk from making changes in the
valuation of property in accordance with the
orders of the county court.-State v. Little
(Ark.) 713.

(G) Review, Correction, or Setting Aside

of Assessment.

§ 494. Except as they are specially empow-
ered by law so to do, neither the common-law
or equity courts may relieve against erroneous
assessments.-State v. Little (Årk.) 713.

§ 494. The Legislature having provided the
agencies for the assessment for taxation, the
action of its officers is conclusive in the ab-
sence of statute, and the courts may not cor-
rect the assessments.-State v. Little (Ark.)
713.

VII. PAYMENT AND REFUNDING OR
RECOVERY OF TAX PAID.

Lien on homestead for taxes paid by mort-
gagee, see Homestead, § 128.
Payment to sustain adverse possession, see Ad-
verse Possession, §§ 86-95.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

VIII. COLLECTION AND ENFORCE-
MENT AGAINST PERSONS OR
PERSONAL PROPERTY.
(C) Remedies for Wrongful Enforcement.
Jurisdiction of particular courts, see Courts, 8
155.

$ 608. Where national bank stock was assessed in a county at 85 per cent. valuation, while all other property was assessed at a 41 per cent. valuation, there was discrimination and the stockholders might enjoin the collection of the excessive tax.-Langley v. Smith (Tex. Civ. App.) 660.

§ 608. Under Kirby's Dig. § 3966, an injunction held to lie to restrain the collection of an illegal or unauthorized tax, irrespective of any legal remedy.-McDaniel v. Texarkana Cooperage & Mfg. Co. (Ark.) 727.

IX. SALE OF LAND FOR NONPAY-
MENT OF TAX.

§ 642. A sale for delinquent taxes under the overdue tax act of 1881 (Acts 1881, p. 64) held void for failure of the clerk to enter the warning order of record.-Taylor v. Leonard (Ark.)

387.

§ 648. Owners of land holding under recorded deeds and decree of partition are not unknown owners, and they are not bound by a judgment for delinquent taxes rendered in a suit against unknown owners.-Nunley v. Blanton (Tex.)

1110.

§ 656. A sale of land for delinquent taxes made on a date unauthorized by law is void.Belcher v. Harr (Ark.) 714.

TAX COMMISSIONS.
See Taxation, § 4462.

TEAMS.

Requisites of contract for hire for use on streets, see Municipal Corporations, § 244.

$ 16. A contract between two telephone companies requiring all messages arriving on the lines of either destined to points on the lines initial company, to be transmitted over the of the other not reached by the lines of the lines of the other company, held void both at common law and under Rev. St. 1899, § 1256 § 671. A tax sale of several tracts of land (Ann. St. 1906, p. 1030).-Home Telephone Co. for a lump sum for all the tracts held void.v. Granby & Neosho Telephone Co. (Mo. App.) Belcher v. Harr (Ark.) 714.

XI. TAX TITLES.

(A) Title and Rights of Purchaser at Tax Sale.

§ 734. A tax sale of a part of a tract of land held void for failing to definitely locate the part with reference to the remaining part of the tract.-King v. Booth (Ark.) 830.

$ 734. A purchaser at a tax sale must stand strictly on his legal title.-King v. Booth (Ark.) 830. (B) Tax Deeds.

§ 764. Description of land conveyed by tax deed held fatally defective so as to make the deed void.-Morris v. Eagle (Ark.) 382.

8816. A judgment for taxes, interest, and penalties, etc., in favor of a defeated purchaser at a tax sale under Sess. Laws 1872, p. 129, 220, held a judgment in rem and not in personam.-Jamison v. Harvey (Mo. App.) 513.

TECHNICAL ERRORS.

See Appeal and Error, § 1170.

TELEGRAPHS AND TELEPHONES. Combinations between telephone companies, see Monopolies, § 12.

Duty of telephone company to guard against injuries from lightning, see Electricity, § 14. Liability of telephone company for injuries caused by lightning, see Electricity, § 19.

I. ESTABLISHMENT, CONSTRUCTION,
AND MAINTENANCE.

Mandatory injunction to compel raising of tele-
graph and telephone wires, see Eminent Do-
main, 273.
Telephone company as employer, see Master
and Servant, §§ 119, 124, 150, 235, 236.

773.

§ 16. Under Rev. St. 1899, §§ 1254-1256 (Ann. St. 1906, pp. 1028-1030), a contract between two telephone companies held void for granting to each other the exclusive right of physical connection with their respective exchanges.-Home Telephone Co. v. Granby & Neosho Telephone Co. (Mo. App.) 773.

II. REGULATION AND OPERATION. Expert testimony as to care in transmission of messages, see Evidence, § 538.

§ 27. Where the contract for a telegram and the negligence occurred in states where no damages for mental anguish were recoverable, plaintiff could not recover such damages in Arkansas.-Western Union Telegraph Co. v. See (Ark.) 78.

34. While telephone companies are not common carriers so as to make them liable as insurers, they must furnish impartial service, and equal facilities for communication, without unjust discrimination, to all offering to comply with their reasonable rules.-Home Telephone Co. v. Granby & Neosho Telephone Co. (Mo. App.) 773.

§ 37. A telegraph company held to owe the duty to the public of exercising reasonable diligence in transmitting and delivering all messages received.-Western Union Telegraph Co. v. Price (Ky.) 1100.

§ 37. A telegraph company, having a telephone that will connect with the addressee of an important message received at night, held re§quired to exercise reasonable diligence to deliver the message over the telephone.-Western Union Telegraph Co. v. Price (Ky.) 1100.

TAX BILLS.

§ 37. A telegraph company, receiving for transmission a message in a foreign language, held not relieved from liability for negligent

Delegation of power to sign, see Municipal | failure to deliver the message, because the Corporations, § 531. agent receiving it did not understand the lan