The Weekly Tallahasseean., 1902-03-07
pAwLs VS.. TALLAHASSEE HOTEL
Co. ct al.
(supreme Court of Florida. Nov. 2e.
1901

pAWLS VS.. IALLAdASSEE HOTEL
Co. ct al.
(supreme Court of Florida. Nov. 26,
1901.
Embellishments of error-Waiv-
er-Streets-Title to soil-Wife's
separate estate-Defect of parties
Reversal.
Assignments of error must be ar
mod or they will be deemed abandon
The proprietor of lots abutting on
nubIic street is presumed, in the abb
aopce of evidence to the contrary, to
oUTn the soil to the centre of the street.
. Hinder section 2071 OF the Revised
ctatutes, the care and management of
= wife's separate statutory property is
committed to her husband, and decree
oornetually enjOining him from making
l,co of her property, or portion there
~ in a particular manner, beneficial to
tho nroperty, necessarily affects the in
toroct of the wife adversely, so as to re-
Ou;re that she be made party to the
q vi in which such decree Is sought.
IA decree rendered in the absence of
IN indispensable party will be reversed,
"nd an objection of this character can
o. % urged for the first time in the appel
Ioto court. or be considered by the court
of its own motion.
Syllabus by the COurt.)
AnDeal from circuit court, Leon cOun-
~. John w. Malone, Judge.
RiI bv the Tallahassee Hotel Com
nsnv and others against William A.
pawls, Decree for comp1ainants, and
defendant appeals. Reversed.
On April l, 1895, the appellees, the
Tallahassee hotel Company Ga corpor-
otion) Sarah S. Lewis, George Lewis,
Edward Lewis, and William C. Lewis,
fled their bill of complaint in the cir
cuit court of Leon county against the
anpellant, William A. Rawls, alleging,
among other things, that during or
ohout the month of January, 1887, with
tbn consent of the legal authorities of
the CITY of Tallahassee" they con
structei and laid a sewer pipe extend
ing from the Leon Hotel, which hotel
is situated in said city, on McCarty
street, between Monroe . and Adams
streets. along said McCarty street east
erlv. crossing said Monroe street, Cal
boun street, and Gadsden street, to the
eastern end of said McCarty street."
and thence through the private lands
of the said George, Edward, and Will
liam G. Lewis, for a distance of about
200 feet, to the St. Augustine Branch;
that this sewer pipe was laid by them
for the exclusive use of said Leon Hotel
and the family residences of Sarah S.,
George, and William C. Lewis; that
they owned, were in possession of, Oc-
cupied, and used all the city lots and
tracts of land along McChrty street be-
tween the Leon Hotel aGd the eastern
end of said street, whichtw the east
ern boundary of the citt of Tallahas-
see, thence to the said ISt. Augustine
Branch, except those city lots between
Monroe and Calhoun st1sets; that the
entire expense of said sewer was paid
by them, and "tl.e said Sewer, and all
the rights and privileges attached
thereto, and its use" were their private
property.
The bill then alleged t3lat the appel
liant, William A. Rawls, had given no
tice to eomplainants that he intended
to, and would, notwithstanding their
objection, tap said sewer pipe" and
cOnect Herewith a sewer pipe for his
own use; that they had refused to per-
NIT such use of their solver pipe, and
notified RaWlS that he must not use it,
but he persisted in his determination
to do so; that Rawls threatened and
was about to tap their S Sid sewer pipe,
which would be an injury to them, and
cause the casting of vase, refuse, and
other matter upon theirfpremises; and
that Rawls threatened to cast and
empty and to deposit quantities of rub
bish, waste, refuse, ant other matter