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DESCENT AND DISTRIBUTION.
See “Executors and Administrators"; "Home-
stead," $ 3; “Wills."
Inheritance and transfer taxes, see “Taxa-
tion," $ 3.
§ 1. Persons entitled and their respec-
A widow held in equity to have title to per-
sonal property left by her husband, not exceed-
Mahoney y. Nevins (Mo. Sup.) 731.
see "Carriers," $ 2.
Of land partitioned, see "Partition," $ 1.
Of property conveyed, see “Deeds," $$ 1, 2.
Liability of railroad for assault by detective,
see "Principal and Agent," $ 2.
Duty of carrier, see “Carriers," $ 2.
Of aliens, see "Aliens," $ 1.
by carrier, see "Carriers."
been withdrawn as ground for continuance, tion"; "Release.
From liability as guarantor, see "Guaranty,"
Of judgment, see "Judgment," 8 11.
DISCRETION OF COURT.
Continuance in criminal
**Criminal Law," $ 14.
ror," $ 20.
DISMISSAL AND NONSUIT.
Dismissal of appeal or writ of error, see
“Appeal and Error," & 8; "Criminal Law,"
“Eminent Domain," $ 2.
surance," $ 7.
See “Breach of the Peace."
Drunkenness, see "Drunkards."
Of judge, see "Judges," $ 1.
An ordinance declaring drunkenness in a pub-
lic place a nuisance held not to conflict with
Kirby's Dig. 882550, 2552, 2553, authorizing
arrest by a peace officer of the state of a drunk
en person in a public place.—Town of Dewitt
v. La Cotts (Ark.) 877.
As a defense to criminal prosecution, see “Crimi.
tribution"; "Executors and Administrators," As contributory negligence of person sitting
on end of railroad cross-tie, see “Railroads,
See “Dedication"; "Highways."
Of passenger, see “Carriers,” | 8.
See “Trespass to Try Title.”
§ 1. Right of action and defenses.
*In ejectment, the plaintiff must rely on the
§ 2. Pleading and evidence.
Min. & Nav. Co. v. Langston (Ark.) 971.
ceded by plaintiffs.-Kessner v. Phillips (Mo.
of action in pleading, see
"Pleading," $ 7.
rights, see "Wills," $ 4.
ELECTION OF REMEDIES.
As against principal and agent, see “Principal
and Agent," 8 2.
In an action on a contract between railroad
companies for the protection of a right of way,
defendant company, electing to stand on the
contract, cannot recover on a quantum meruit.
- Missouri Pac. Ry. Co. v. Kansas City & Air
Line Co. (Mo. Sup.) 3.
Best and secondary evidence of vote cast, see
"Evidence,' § 3.
Local option elections, "Intoxicating
School Districts," $ 1.
§ 1. Election districts or precincts and with reference to business, the demand for
property, and any increase or development rea-
In a proceeding to condemn land near a
entitled to consider the contemplated construc.
Property owner held entitled to recover dam-
ages sustained by personal annoyance and in
convenience suffered by her and her family on
In an action against a railroad for damages
to plaintiff's property from the use of a right
of way granted defendant over a street, plain-
tiff's recovery held limited by allegations and
proof to certain damages.-Oklahoma City &
Under Kirby's Dig. $8 2947, 2952, 2954, 2955,
a court, on petition by a railway company to
titled to try the issues raised by the answer
of the owner of the land questioning the com-
pany's right to condemn the land.-Mountain
In an action against a railroad company for
damages caused by the appropriation of a right
of way, defendant held not entitled to complain
of a verdict on the ground that the market
Rock & Ft. S. R. Co. v. Evans (Ark.) 992.
In the absence of statutory regulations to
titled to abandon condemnation proceedings at
owners.-In re Seventeenth St. (Mo. Sup.) 45;
"Municipal Corporations," 5.
et seq., relating to proceedings to condemn
bly of the report of the commissioners appointed
does not of itself operate as a dismissal of
Under Kirby's Dig. $$ 3001, 6681, a railroad the proceeding.-City of St. Louis v. Lawton
--St. Louis Southwestern Ry. Co. v. Royall was not examinable.-Union Ry. Co. v. Hun-
ton (Tenn.) 182.
-Brooks, Neely & Co. v. Yell County (Ark.) In condemnation proceedings it was
not to permit petitioner to show that a lease
Under Sayles' Ann. Civ. St. art. 4447, a pe-
quired to allege the amount of defendant's land
• Point annotated. See syllabus.
In proceedings to condemn land for a railroad
Of lost instruments, see “Lost Instruments."
Of railroads, see “Street Railroads," $ 1.
Created by will, see “Wills," $ 3.
bution"; "Executors and Administrators."
full value of the property.--City of El Paso Tenancy in common, see "Tenancy in Com-
cipal and Agent," $ 2.
surance," $ 2.
To deny corporate existence, see "Corpora.
tions," $ 2.
To set up tax title, see "Taxation," $ 1.
§ 1. Equitable estoppel.
A municipality held not estopped from assert-
ing the invalidity of a franchise.-Little Rock
Rock (Ark.) 826.
Creditor held not estopped to deny authority
of attorney who collected a certain claim.-
Bank of Batesville v. Maxey (Ark.) 968.
*Certain facts held not to constitute estoppel.
-Fox y. Commercial Press Co. (Ky.) 1063.
Oftenant of demised premises, see “Land-
lord and Tenant," $ 3.
See “Affidavits"; "Depositions”; “Witnesses."
Harmless error in rulings on, see “Appeal and
Error," § 24; "Criminal Law," § 27.
trial, see “Criminal Law," 8 19; "New
Trial," 8 1.
Objections for purpose of review, see "Appeal
and Error," $ 2; "Criminal Law," $ 22.
Questions presented for review, see "Appeal
Review on appeal or writ of error, see "Ap-
peal and Error," $ 21.
Tax deed as evidence, see “Taxation,” 8 2.
“New Trial," $ 1.
As to particular facts or issues.
"Fraudulent Conveyances," $ 2; “Judgment,'
8 13; “Partnership," 1; "Trusts," $ 1.
Agency, see "Principal and Agent,” $8 1, 2.
Authority, of corporate agent, see "Corpora-
tions," $ 4.
Criminal intent, see "Robbery.”
Customs of railroad as affecting release by in-
jured employé, see "Release," $ 1.
roads," 8 9.
Giving of signals, at railroad crossings, see *In an action against a street railway for in-
juries to a passenger, evidence of plaintiff's
Prosecution," $ 1.
In condemnation proceedings, it was error to
other lots in the neighborhood of the lot in
taking of the land involved.—Union Ry. Co. v.
Hunton (Tenn.) 182.
On the issue of the market price of goods
on a resale is admissible, but is not conclusive.
-Hardwick v. American Can Co. (Tenn.) 797.
Evidence of purchases of certain land by a
railroad right of way held inadmissible without
proof of similarity.-Kirby v. Panhandle & G.
Evidence material only on a question, issue
as to which is not raised, held improperly ad-
In an action for personal injuries, the admis-
"Eminent sion in rebuttal of certain evidence relative to
a different accident held proper.—Texas & P.
§ 3. Best and secondary evidence.
*When the original deed is lost and was
Carpenter v. Jones (Ark.) 871.
Testimony of election commissioners as to
in the absence of a showing of a loss of orig.
$ 4. Admissions.
failure to furnish cars to a shipper, the state-
pany's officers, held admissible.-Choctaw, 0.
"Master and Servant,” 8 9; "Railroads,
Where plaintiff's pleadings admitted that
a certain person was its agent, it was not error
to admit in evidence the conversations of such
agent, ut evidence of the agency.-Nicola
In an action for injuries to cattle shipped, a
statement of defendant's couductor to plaintiff
admission against interest.--Missouri, K. & T.
An application for a continuance, made by
plaintiffs through their attorney, containing an
admission contradicting plaintiffs' testimony, is
admissible for that purpose.-W. Scott & Co.
$ 1; “Criminal w," $$ 6-13; "Homicide," In a suit by a trustee in bankruptcy to re-
"Rape," $ 2; "Robbery"; "Seduction," § 1. pursuant to a conspiracy to defraud creditors,
ed to witness that the property was his, and
that he placed it in his wife's name to prevent
his creditors from subjecting it to the payment
$ 5. Declarations.
In an action against a carrier for the death
of plaintiff's wife, held that her declarations
were admissible against plaintiff to show her
western Ry. Co. of Texas (Tex. Civ. App.) 440.
car, evidence of certain experiments injured were not admissible in favor of plain-
(o. of Texas (Tex, Civ, App.) 440.