Stark Cty. Bar Assn. v. Mark

<p>Appeal from Lafayette Circuit Court. — Hon. C. W. Sloan, Special Judge.</p> <p>(1) There was no express grant on the right of way. The deed from Samuel Wilson to Caroline Mitchell described the ground by metes and bounds. A grant of land to or bounded by a street or alley, when there is none, where the strip is owned by the grantor, will give a right of way over the strip to the grantee. This we admit to be law. Moses v. Bock Co., 84 Mo. 242; Carlin v. Paul, 11 Mo. 32; O’Linda v. Lothrop, 21 Pick. 292; Toby v. Taunton, 119 Mass. 404; Lewis v. Beatie, 105 Mass. 410; Bodge v. Railroad,’ 43 N. J. Eq. 351. This claim under a grant is effectually disposed of by'the production of the deed from Samuel Wilson, claimed by plaintiff as lost. (2) A way by necessity can only arise where land is sold and there is no way of reaching it, except over the land of the grantor. Snyder v. Warford, 11 Mo. 514; Trash v. Patterson, 29 Me. 499; Perman v. Mead, 2 Mass. 203; Wisler v. Hershey, 23 Pa. St. 333; Kripp v. Curtis, 71 Cal. 62. (3) But here the land conveyed fronted sixty feet on a public street on one side, and forty feet on another on a- public alley. Mere convenience and usefulness will not establish a right of way of necessity. Colville v. Judy, 73 Mo. 651; Cox v. Tipton, 18 Mo. App. 450; Oliver v. Pitman, 98 Mass. 46; Anderson v. Buchanan, 8 Ind. 132; Moses v. Bates, 74 Ala. 376. (4) Nor does the right exist when one can get to his land by going over his own land, no matter how inconvenient it may be; or when the highway can otherwise be reached. McDonald v. Tindall, 3 Rawle, 492; Ogden v. Grove, 38 Pa. St. 487; Francis’s Appeal, 96 Pa. ' St. 200; Parsons v. Phillips, 68 N. Y. 62; Pentland v. Keep, 41 Wis. 490; Gayetty v. Bethune, 14 Mass. 49; Bussell v. Jackson, 2 Pick. 574. (5) When lot runs from one street to another and is then divided, no right of way, from one part over the other to street from which it is cut off, exists. Schyniser v. Phelps, 62 How. Pr. 1; Nicholas

Attorneys at law—Misconduct—One-year suspension stayed—Violating a Disciplinary Rule—Engaging in conduct adversely reflecting on ability to practice law—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Failing to withdraw from employment when continued employment will violate a Disciplinary Rule—Neglecting an entrusted legal matter—Failing to carry out contract of employment for professional services—Failing to promptly pay or deliver to client property or funds to which client is entitled.

Attorneys at law—Misconduct—Indefinite suspension—Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation—Engaging in conduct adversely reflecting on fitness to practice law—Neglect of an entrusted legal matter – Failing to seek lawful objectives of client—Failing to carry out contract of employment—Causing prejudice or damage to client during course of professional relationship—Failing to deposit client funds in an account in which no funds of attorney are deposited—Failing to promptly deliver to client funds client is entitled to receive—Failing to cooperate in disciplinary investigation.

Attorneys at law—Misconduct—Two-year suspension with one year stayed on conditions—Neglect of an entrusted legal matter—Failing to carry out contract for professional services—Failing to obtain permission from tribunal to withdraw from a case, when such permission is required—Withdrawing from employment without taking reasonable steps to avoid prejudicing a client—Failing to return promptly, when requested, property client is entitled to receive—Prejudicing or damaging client during course of professional relationship—Failing to assist in disciplinary investigation.

Mandamus—Public-records requests—Relator failed to show that the only named respondent, a mail-room employee, had a clear legal duty to provide requested public records—Court of appeals improperly dismissed complaint after granting summary judgment to respondent—Court of appeals' judgment modified, and writ and request for statutory damages denied.