NEW TRIAL.

Will not be granted for instructions not excepted to at the trial, unless
prejudice is clearly shown. (Wis. 604.) 16.

Newly discovered evidence which is merely cumulative, no ground for.
(Iowa, 50.) 460.

Newly discovered evidencc, held ground for. (Iowa, 246.) 678.
NOTICE.

Courts take judicial notice of acts of the legislature creating municipal

corporations. (Minn. 201.) 345.

Possession held to operate as constructive notice. (lowa, 6.) 400.

ORDER.

Modification of original, denied. (Minn. 206.) 350.

OFFICIAL BOND.

Judgment against principal on, admissible in an action against surety.
(Wis. 741.) 835.

PARENT AND CHILD. See GUARDIANSHIP.

PARTIES TO ACTION.

Non-joinder of parties occupying distinct portion of land no defence in
action for recovery of land. (Mich. 511.) 281.

Suit on completed contract of infant must be brought in infant's name.
(Mich. 529.) 299.

Party knowingly permitting his name to be used as plaintiff cannot
deny he is a party in fact. (Wis. 649.) 381.

PARTITION.

Action in the form of, the attorney fees of plaintiff are not taxable as
part of the costs. (Iowa, 680.) 60.

In pleading title to in, what sufficient to be alleged. (Minn. 216.) 698.
Refusal to vacate sale on partition, held improper. (Wis. 737.) 831.
PARTNERSHIP.

Outgoing partner cannot be sued by firm for balance due from him to
firm. (Mich. 408.) 178.

Commitment of two members of a firm under fraudulent debtor's act,
held erroneous. (Mich. 466.) 236.

Single partner cannot be committed under fraudulent debtor's act for
acts of copartners. (Mich. 466.) 236.

After dissolution one partner cannot bind his former copartners by the
indorsement of promissory note in firm name. (Mich. 514.) 284.
Guaranty by partner after dissolution, when binding on copartners.
(Iowa, 27.) 421.

Not liable under contract of one of the firm prior to the formation of.
(lowa, 55.) 465.

Dissolution of, by death of one member. (Iowa, 112.) 522.

Liability of partners for unperformed contracts of firm, on death of one
partner. (Iowa, 112.) 522.

Finding of the court as to affairs of partnership and balance due af-
firmed. (Iowa, 164.) 574.

Note of individual partner for money loaned to firm, is evidence that
the loan was made to the firm. (Wis. 689.) 589.

Contract of firm to guarantee notes-power of one partner to bind the
firm thereunder. (lowa, 220.) 652.

Acceptance of note of one who denies partnership operates as a dis-
charge as to him. (Iowa, 337.) 811.

Parties to partition suit may appeal and make the other parties re-
spondents. (Wis. 737.) 831.

One member of a firm cannot by his individual contract vary or change
a firm contract. (Mich. 539.) 845.

PART PERFORMANCE. See CONTRACT.

PATENT.

License, when valid consideration for promise to pay money. (Minn.
194.) 338.

Evidence of want of utility. (Minn. 194.) 338.

PAUPER.

Liability of county for medical attendance on pauper includes nursing
and watching. (Iowa, 194.) 626.

PAW PAW, VILLAGE OF.

Who has authority over certain highway in the village of. (Mich.
394.) 164.

PERSONAL INJURY.

Action for, defendant is liable for the medical attendance, care and
nursing made necessary by the accident. (Iowa, 318.) 792.
PAYMENT. See PROMISSORY NOTES.

PLEADING.

Sufficiency of complaint for damages caused by change of grade. (Wis.
591.) 3.

A denial of a signature by inference, held insufficient. (Wis. 614.) 26.
Complaint in action to foreclose-tax certificate should contain what.
Wis. 618.) 30.

Time to answer not shortened by defendants appearing on order to show
cause for injunction. (lowa, 669.) 49.

A defective verification of a petition for attachment is amendable.
(Wis. 671.) 51.

(Iowa, 729.) 109.
(Iowa, 50.) 460.
(Iowa, 50.) 460.

Allegations of petition held sufficiently specific.
Demurrer does not admit legal conclusions.
Stipulation held to waive necessity of answer.
Plea in abatement is the proper remedy for a misnomner. (Iowa, 71.)
481.
Petition held sufficient to authorize the issuance of an injunction.
(Iowa, 78.) 488.

(Iowa, 94.) 504.
(Iowa, 128.) 538.

Sufficiency of equitable defence in answer.
Conclusions of law properly stricken out.
Complaint in action to recover for loan made to a firm, held suflicient.
(Wis. 689.) 589.

General denial of value raises no issue. (lowa, 169.) 601.

Certain answer to proceeding under tax sale construed. (Iowa, 172.)
604.

Are to be construed according to their evident intention, and their
meaning will not be changed because of the use of inaccurate ex-
pressions. (Iowa, 247.) 679.

In pleading title to real estate, what should be alleged. (Minn. 216.)
698.

A complaint which shows the cause of action to be
of limitations, does not state a cause of action.
Amendments to, are discretionary with the court.
An allegation of protest for non-payment, put in
denial. (Iowa, 284.) 728.

barred by the statute
(Minn. 218.) 700.
(Iowa, 279.) 723.
issue by a general

What should be alleged in an action against surety on attachment bond.
(Iowa, 235.) 667.

Petition held sufficient to entitle p'aintiff to have his claim against
estate of deceased person considered. (lowa, 344.) 818.

A general denial in an action de bonis asportatis. (Wis. 736.) 830.
Supplemental answer permitted to be filed, when. (Wis. 650.) - 382.
PRACTICE. See ABATEMENT: ACTION; AMENDMENT: APPEAL; AT-
TACHMENT; GARNISHMENT; JUDGMENT: JURY.

Party in default cannot object to testimony offered. (Iowa, 667.) · 47.
Petition for rchearing must be served on adverse party. (Iowa, 750.)
130.

Case triable de novo, abstract must purport to contain all the evidence,

PRACTICE-Continued.

Attorneys appearing entitled to notice of subsequent proceeding,
though plea be withdrawn. (Mich. 432.) 202.

After appearance parties are entitled to notice of all proceedings.
(Mich. 432.) 202.

Stay of proceedings after trial commenced held improper. (Mich. 433.)

203.

Reopening case on rebuttal is discretionary with the court. (Mich.
481.) 251.

Execution on judgment on transcript may issue, when. (Mich. 536.) 306.
Striking out improper evidence, admitted without objection, is discre-
tionary with the court. (Minn. 189.) 333.

Objections to be reviewed must be excepted to. (Iowa, 33.) 427.
Order requiring clerk to return tender made by defendant held proper.
(Wis. 672.) 442.

Irregularity in jury must be excepted to before retirement. (Iowa, 154.)
564,

Amended abstract held properly served. (lowa, 169.) 601.

Filing of amended abstract held unnecessary, and costs thereof disal-
lowed. (Iowa, 186.) 618.

Case certified where less than $100 is involved, certificate should show
what the question is. (Iowa, 202.) 634.

Only questions raised in court below considered on appeal. (Iowa,
204.) 636.

Motion for continuance, when must be made. (Iowa, 243.) 675.
Failure to file complaint as stated in the summons is an irregularity
which defendant must set aside on motion. (Minn. 218.) 700.
Abstract must be printed unless order is made dispensing therewith.
(Iowa, 271.) 715.

PRINCIPAL AND AGENT.

Signing a contract of principal by agent in his own name. (Iowa, 737.)

117.

Stipulation in policy of insurance restricting power of agent, held bind-
ing. (Dak. 41.) 313.

Presumption as to continuance of authority of special agent. (Iowa,
256.) 688.

PRIVILEGED COMMUNICATIONS.

To physician, is privilege of patient.
PROBABLE CAUSE.

See LIBEL.
(Mich. 446.) 216.

See MALICIOUS PROSECUTION.

PROHIBITION, WRIT OF.

Defined-when the proper remedy. (Mich. 544.) 850.

PROMISSORY NOTE. See BASTARDY; BILLS OF EXCHANGE; NEGOTI-

ABLE INSTRUMENTS,

What a sufficient denial of execution. (Wis. 614.) 26.

Signature, when denied, may be proved by experts. (Wis. 614.) 26.
Failure of promise to pay in note changes claim to a money demand.
(Iowa, 737.) 117.

Given for stock subscription. (Iowa, 747.) 127.

Equities between the maker and payee of, arising after its transfer, will
not affect the rights of the holder. (Iowa, 747.) 127.

Application on appeal for leave to deny execution of note, denied.
(Mich, 406.) 176.

Effect of payment by one of two joint makers, within six years, is to
take the same out of the statute of limitations. (Mich. 413.) 183.
Garnishment of joint makers. (Mich. 469.) 239.

Indorsement of, by one partner, after dissolution, does not bind his
former copartner. (Mich. 514.) 284.

The consideration of certain notes held sufficient. (Iowa, 6.) 400.
Payee cannot enforce, and deny agency of party procuring. (Iowa, 47.)

When party is entitled to attorney's fees in. (Iowa, 67.) 477

PROMISSORY NOTE-Continued.

Given for intoxicating liquors sold in violation of law. (lowa, 104.) 514.
The consideration of which was sale of intoxicating liquors, illegally
made, is void. (lowa, 104.) 514.

Note described in mortgage, but never delivered. (Iowa, 109.) 519.
Effect of failure to sue on note according to agreement. (lowa, 195.) 627.
A part consideration of which is an illegal sale of liquors, is wholly
void. (Iowa, 227.) 659.

Liability of accommodation maker, where the note is pledged as collat-
eral. (Iowa, 267.) 711.

Purchaser of accommodation note, after maturity, takes subject to all
equities. (Iowa, 267.) 711.

Consideration of a note held fraudulent as between the original parties
thereto. (Iowa, 287.) 731.

When the holder of must show he is a bona fide purchaser. (Iowa, 287.)
731.

An indorser of, wishing to deny the receipt of notice of non-payment,
should annex the statutory affidavit to his plea. (Mich. 543.) 849.
Partner, without knowledge or consent, held not liable on firm indorse-
ment of accommodation paper. (Mich. 638.) 944.

PROTEST.

When partners may waive notice and protest after dissolution. (Iowa,
27.) 421.

QUO WARRANTO.

Attorney general has discretion in filing information for. (Mich. 435.)
205.

RAILROAD GRANT.

After lands are certified it cannot be shown by parol that they belonged
to another grant. (Iowa, 58.) 468.
RAILROADS.

Have right to demand extra charge on passenger's failure to buy ticket.
(Iowa, 741.) 121.

Company are released from all obligation to carry passenger who refuses
to pay his fare on demand. (Iowa, 741.) 121.

Liability for failure to fence its road. (Minn. 209.) 353.

Legislature may exercise a police power over, and compel the fencing
of, its track. (Minn. 209.) 353.

Not entitled to tax voted to aid in the construction of, where it pur-
chases instead of constructs a road. (Iowa, 72.) 416.

Right of action for damages for trespass by. (Iowa, 52.) 462.

Cannot contract to limit liability as carrier of blooded stock. (Iowa,
183.) 615.

Power of city to regulate right of, to occupy the streets. (Iowa, 292.)
736.

Liability of, for the violation of a city ordinance regulating them.
(Iowa, 292.) 736.

RAPE.

In a prosecution for, the natural and actual relation of the accused and
prosecutrix may be laid before the jury. (Mich. 548.) 854.
Certain charges in a prosecution for rape. (Mich. 548.) 854.
RECORD.

Should show party entitled to some definite sum. (Mich. 526.) 296.
Held not to show any error. (Mich. 636.) 942.

RECOUPMENT. See FRAUDULENT REPRESENTATIONS.
REDEMPTION.

Certain proceedings in an action to redeem, and dismissal of bill.
(Mich. 434.) 204.

REFEREE.

14

REFEREE-Continued.

Objection that referee had not been sworn, held not well taken. (Iowa,
39.) 449.

REFERENCE.

Whiting v. Root, 3 N. W. REP. 134, (Iowa, 754,) followed, and reference
held proper. (lowa, 763-4.) 143-4.

RECEIVER.

Practice as to appointment of, in proceeding supplemental. (Wis.
663.) 433.

The fact that no order for a receiver has been made, does not affect the
continuance of an injunction. (Iowa, 78.) 488.

To review appointment, abstract must contain all the testimony. (Iowa,
198.) 630.

REFORMATION OF DEED.

In action by creditor for mistake to warrant, must be mistake of wife
as well as husband. (Iowa, 244.) 676.

REHEARING.

Questions not presented to the court below not reviewable on. (lowa,
750.) 130.

Petition for must be served on adverse party. (Iowa, 750.) 130.
Former decision affirmed. (Iowa, 299.) 743.

RELIGIOUS CORPORATIONS. See CORPORATION.

REPLEVIN.

Defendant not entitled to rely on title of third person. (lowa, 657.)

37.

Title of officer to his office, making illegal levy, cannot be tried in an
action of. (Iowa, 678.) 58.

For goods levied upon, judgment of nonsuit. (Mich. 411.) 181.
In replevin it is incumbent on defendant to prove a valid judgment exe-
cution. (Mich. 411.) 181.

For logs cut under license. (Mich. 453.) 223.

Evidence of assertion of ownership competent in an action of. (Mich..
481.) 251.

Demand held not necessary before suit brought. (lowa, 33.) 427.

Dismissal before issue joined no adjudication of ultimate right of pos-
session. (Iowa, 276.) 486.

Plaintiff in, must recover upon his own title, not on the weakness of
his adversary. (Wis. 699.) 599.

Death of stock replevied before judgment. (Iowa, 169.) 601.

Measure of damages for refusal to accept an article to be manufactured.
(Iowa, 716.) 96.

Notice of defective condition of goods sold held sufficient. (Mich. 401.)

171.

Of growing crop must be in writing, acknowledged and recorded, when.
(lowa, 199.) 631.

Evidence of conditional sale held insufficient as constructive notice to
purchaser. (Iowa, 269.) 713.

Vendee not liable for goods shipped in excess of order. (Mich. 598.)
904.

When title to goods passes by sale from a general lot, without delivery.
(Mich. 668.) 974

SALOON KEEPER.

Liability of, for death of intoxicated man from exposure in consequence
of being turned out of doors. (Iowa, 131.) 541.

SET-OFF.

Of joint debtors, must be joint demands. (Mich. 486.) 256.
SIGNATURE.

Burden of proof, upon the denial of. (Iowa, 220.) 652.