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ADULTERY.

In prosecution for, after a denial of guilt by the particeps criminis, this
denial cannot be impeached by other witnesses. (Mich. 621.) 927.
ADVERSE POSSESSION.

Title by, must be under claim of title to the land, and not merely to
improvements. (Iowa, 9.) 403.

Must, to perfect title, be actual, clear, definite and hostile for full period.
(lowa, 9.) 403.

AGREED CASE.

Submission on, no pleadings necessary.
ALIMONY.

(Iowa, 52.) 662.

(Mich. 450.) 250.

Election to pay in land. Reference to set off.
ALPENA, CITY OF.

School taxes in, must be spread on city roll. (Mich. 551.) 857.
AMENDMENT. SEE ATTACHMENT.

Held proper, and no abuse of discretion. (Iowa, 61.) 471.

Refusal to allow, held no abuse of discretion. (Iowa, 238.) 670.
To pleadings, are discretionary with the court, (Iowa, 279.) 723.
In the granting of an amendment the court will be presumed to have
properly exercised its discretion. Iowa, 279.) 723.

Allowable in cases appealed from justice. (Iowa, 279.) 723.

Failure to object to allowance of, is a waiver of such objections. (Iowa,
346.) 820.

ANTE-NUPTIAL AGREEMENT.

To convey lands must be in writing and signed. (Iowa, 684.) 64.
APPEAL. See CITY OF ST. PAUL.

From order of probate court allowing an account against a deceased per-
son's estate, held, erroneous. (Wis. 589.) 1.

Questions not raised in court below cannot be considered on appeal.
(lowa, 698.) 78.

Decision of court below, if correct, will not be reversed because an un-
sound reason is given. (lowa, 754.) 134.

Application on, to deny execution of promissory note, denied. (Mich.
406.) 176.

Will not lie from disallowance of certain items in administrator's ac-
count. (Mich. 423.) 193.

From reference to set off land, dismissed for want of error. (Mich.
480.) 250.

Cannot be taken from an interlocutory order upon which no final judg-
ment has been entered. (Dak. 35.) 307.

Service of notice and transmission of copy essential and cannot be
waived. (Dak. 39.) 311.

Reversal upon grounds applicable to all defendants, should extend to
all where the appeal is taken by one. (Wis. 641.) 373.
Certificate should contain question certified. (Iowa, 51.) 461.
Instructions and evidence not in the records not reviewable. (Iowa,
87.) 497.

From mayor's co urt in criminal case. (Iowa, 119.) 529.

In divorce case the record must present all the evidence, or only error
excepted to can be reviewed. (Iowa, 126.) 536.
Abstract must show service of notice of appeal.

(Iowa, 203.) 635.

Only questions raised in court below will be considered on appeal.

(Iowa, 204.) 636.

Order of district court directing judgment not appealable. (Minn.
213.) 695.

Order staying proceedings until payment of costs not appealable.

(Wis. 731.) 825.

Parties to an action for partition may appeal. (Wis. 737.) 831.
APPEARANCE.

General appearance discussed. (Wis. 669.) 439.

On appeal in partition proceedings, effect of. (Wis. 733.) 831.

ARBITRATION.

Other than statutory, must be enforced by action. (Mich. 430.) 200.
ASSESSMENT.

Rendered void by failure of assessors to exercise their judgment. (Wis.
623.) 35.

Work done, held an improvement for which an assessment was proper,
and not mere repairs. (lowa, 704.) 84.

ASSIGNMENTS FOR BENEFIT OF CREDITORS.

Surety on bond of assignce must be freeholder. (Wis. 673.) 443.
Cannot be avoided by contradictory affidavits of sureties on assignee's
bond. (Wis. 673.) 443.

Chattel mortgage given on the day of assignment to prefer creditor,
held part of the assignment. (lowa, 114.) 524.

Not equally for the benefit of all creditors, is invalid. (Iowa, 114.) 524.
ATTACHMENT.

Defective verification of a petition in attachment, is amendable. (lowa,
671.) 51.

Liability for wrongful suing out writ of. (Mich. 476.) 246.

Plaintiff in, when not liable for officer's acts after order of restoration.
(Mich. 476.) 246.

Liability of surety on attachment bond where wrongfully sued out.
(Iowa, 235.) 667.

Upon traverse of the affidavit in, defendant must move to vacate the
judgment before trial. (Wis. 722.) 770.

Issue on traverse to attachment, when triable. (Wis. 722.) 770.
Vacation of attachment sustained. (Minn. 226.) 978.

Not good as against prior unrecorded deed. (Mich. 639.) 945.
ATTORNEY'S LIEN.

Having attached to judgment, cannot be destroyed by stipulation of
party to vacate judgment. (lowa, 325.) 799.

ATTORNEY'S FEES. See PROMISSORY NOTES.

BAILMENT. See GARNISHMENT.

BASTARDY.

Note given in settlement of, contains a sufficient consideration. (Mich.
497.) 267.

Need not be proved beyond reasonable doubt. (Mich. 534.) 304.
BILL OF EXCEPTIONS.

Must be presented and allowed by the judge at the trial term in crimi-

nal cases. (Wis. 602.) 14.

Should contain all the evidence the party intends to move on.
604.) 16.

(Wis.

General, to instructions insufficient. (Iowa, 769.) 149.
Should contain all the evidence or charge presumed justified.

(Mich.

535.) 305.

Record must show it to have been properly settled. (Dak. 57.) 329.
Shuld identify evidence with certaintity. (Iowa, 278.) 722.
Verdict will be sustained where the bill contains only part of the evi-
dence. (Wis. 710.) 758.

Waiver of refusal to give a fair bill. (Iowa, 722.)
BILL OF EXCHANGE.

Operation of, as an assignment of debt due drawer.
Party must show demand of payment and notice
drawer of an accepted bill. (Iowa, 284.) 728.
BILL TO QUIET TITLE. See EQUITY.

BOND.

102.

Surety on injunction, may purchase the judgment.
To stay execution. (Iowa, 327.) 801.
Liability of surety on attachment bond. (Iowa, 235.)
BOND TO CONVEY.

(Iowa, 1.) 395.
to recover against

(Iowa, 672.) 52.

667.

Foreclosure of. Sale and redemption where service is made on a por-
tion of defendants. (lowa, 225.) 657.

BOND TO CONVEY-Continued.

Statutory and equitable redemption from a sale under, distinguished.
(Iowa, 225.) 657.

BROKER.

Notice to, of defective condition of goods sold good notice to his prin-
cipal. (Mich. 401.) 171.

BURGLARY.

Certain evidence held proper in a prosecution for. (Mich. 535.) 305.

CARRIERS.

Prima facie negligence on the part of common carrier of passengers.
(Minn. 189.) 333.

CERTIFICATE OF DEPOSIT. See NEGOTIABLE INSTRUMENTS.

CERTIORARI.

Dismissed for unexplained laches. (Mich. 512.) 282.

CHAMBER OF COMMERCE OF MILWAUKEE.

Under its charter has power to confer upon a board of directors the
power of suspending a member. (Wis. 712.) 760.

CHANGE OF GRADE.

Damages for, do not include mere incldental expenses. (Iowa, 148.)
558.

CHANGE OF VENUE.

Application for, in mayor's court. (Iowa, 119.) 529.
Affidavit for, held sufficient. (Wis. 712.) 760.

CHATTEL MORTGAGE.

Renewal affidavit must be recorded to preserve lien. (Mich. 461.) 231.
Assignment after taking possession of mortgage property. (Mich.
521.) 291.

Given for greater sum than was actually due does not vitiate mort-
gage. (Wis. 604.) 16.

Consideration of intent in giving question for the jury. (Wis. 604.) 16.
On certain property replevied, held not subject to any rights acquired
by the officer. (Iowa, 76.) 486.

On certain mill machinery, held to be a valid lien thereon. (Iowa, 137.)

547.

Party purchasing property subject to, cannot afterwards deny its valid-
ity. (Mich. 562.) 868.

Measure of mortgagee's right to recover for goods converted. (Mich.
668.) 974.

CHECK.

Effect of want of payee therein. (Minn. 231.) 983.
COMPOSITION DEED.

Extent of creditor's right to recover on refusal to sign, after agreement
so to do and execution of the deed. (Wis. 692.) 592.
CONDITIONAL SALE. See SALE.

Title does not pass until conditions are complied with. (Mich. 407.)

177.

CONTINUANCE.

Motion for, when must be made. (Iowa, 243.) 673.

Affidavit for, in criminal case, held sufficient. (Iowa, 17.) 411.
Counter-affidavits, not admissible on motion for. (Iowa, 17.) 411.
CONTRACT.

An agreement not to practice law in a certain town is valid. (Iowa,
698) 78.

For the payment of certain money, construed and found binding.
(Iowa, 754.) 134.

Agreement by owner to replace certain machinery, void for want of

consideration. (Mich. 392.)

162.

In contract to convey, conditions to be performed by vendor held not
waived. (Mich. 419.) 189.

On verbal agreement to convey land, held was sufficient part perform-

CONTRACT-Continued.

Replevin for logs cut under a stumpage contract. (Mich. 453.) 223.
For sale of ore, claim for rent held proper offset. (Mich. 468.) 238.
Services rendered on contract to live in common, on the same farm.
(Mich. 478.) 248.

Certain, to sell and deliver ore, held to have been performed. (Mich.
499.) 269.

Liability of owner for work done on building destroyed before comple-
tion. (Mich. 508.) 278.

To grade street and convey premises, measure of damages for failure to
grade. (Minn. 204.) 348.

Evidence of contract to convey, held insufficient to show a valid con-
tract. (lowa, 44.) 454.

Right of party to discontinue personal contract and form partnership.
(Iowa, 55.) 465.

Evidence subsequent to consummation of, held incompetent. (Iowa, 67.)

477.

Party to an agreement to do paving, including payment of royalty, held
not entitled to amount authorized to be retained. (Mich. 539.) 845.
Certain payments under, held to have been gratuitously made. (Mich.
625.) 931.

To provide for support of parents by a son, held to obligate him to
furnish such support at his own house, and not elsewhere. (Mich.
635.) 941.

CONTRACTOR.

Agreement to pay for material furnished sub-contractor. (lowa, 337.)
$11.

CONTRIBUTORY NEGLIGENCE.

Certain acts held not to constitute. (Mich. 403.) 173.

Where a passenger, by the negligence of the carrier, is placed in a posi-
tion of great peril, his attempt to escape the danger is not contribu-
tory negligence. (Minn. 189.) 333.

CONVERSION.

Assignee of chattel mortgage liable as for conversion, when. (Mich.
521.) 291.

Direction of verdict for plaintiff in action for, held proper. (Minn. 207.)
351

CORPORATION.

Lands of, cannot escape taxation by failing to be certified under land
grant. (Iowa, 660.) 40.

Presumption of incorporation of religious corporation from use of
franchises. (Mich. 437.) 207.

Stockholders of, not liable as sureties on notes indorsed by others at
their request. (Iowa, 213.) .645.

The power of state courts over its own corporations stated. (Wis. 712.)
760.

Cannot fine a member in his absence and without notice. (Wis. 712.)
760.

Certain rules of a corporation held not to be unreasonable or an unlaw-
ful restraint upon trade. (Wis. 712.) 760.

The rule that one dealing with a corporation is estopped from denying
its existence, not applicable, when. (Mich. 662.) 968.
What is a sufficient exemplification of the articles of incorporation.
(Mich. 662.) 968.

To create a corporation under the general
ments must be strictly complied with.

COSTS.

laws the statutory require-
(Mich. 662.) 968.

What costs are taxable in an action in the form of partition. (Iowa.
680.) 60.

On appeal from judgment in favor of defendant in justice court to the
circuit court, resulting in favor of plaintiff, he is entitled to full
costs. (Wis. 647.) 379.

COSTS-Continued.

Proceedings may be stayed until the costs in a former appeal are paid.
(Wis. 731.) 825.

COUNTY.

Liability of auditor for giving false certificate of receipt of moneys.
(Iowa, 88.) 498.

Liability of, for medical attendance on pauper, includes watching, nurs-
ing, etc. (Iowa, 194.) 626.

Failure of county treasurer to file new bond within 10 days after the
commissioners require the same, vacates his office. (Minn. 232.) 984.
Failure to file new bond not excused by board not being in session.
(Minn. 232.) 984.

COURTS.

Superior court of Detroit has jurisdiction of action removed from
Wayne circuit court, when. (Mich. 436.) 206.

Act continuing judge of Grand Rapids police court in office valid
(Mich. 488.) 258.

Jurisdiction of circuit court, is confined to the county for which it was
created. (Wis. 637.) 369.

Denial of motion for change of venue in mayor's court. (Iowa, 119.)

529.

COVENANT. See LIMITATIONS.

Failure to remove encumbrance chargeable to covenantor, action lies
against him to recover for money paid. (Mich. 389.) 159.
Covenantor liable for nominal damages only, when. (Mich. 389. 159.
Against encumbrances, when broken. (Mich. 502.) 272.

When statute of limitations commences to run against. (Mich. 502.)

272.

CREDITOR'S BILL.

Defective character of chapter 203, Comp. Laws, in regard to proceed-
ings in the nature of a creditor's bill, considered. (Mich. 653.) 959.
CRIMINAL LAW.

On trial of indictment for arson proof that defendant has committed
the crime of forgery and larceny, admissible when. (Wis. 614.) 31.
Exceptions must be presented to the judge and allowed during trial
term. (Wis. 602.) 14.

Pregnancy must be proved beyond a reasonable doubt in the trial of an
indictment for abortion. (Iowa, 719.) 99.

Where exceptions are not allowed the remedy is by writ of error. (Wis.
602.) 14.

Defendant entitled to examination before a proper officer before amena-
ble to prosecution upon a criminal information. (Mich. 391.) 161.
Affidavit for continuance in criminal case held sufficient. (Iowa, 17.)

411.

Counter-affidavits not admissible on a motion for a continuance. (Iowa,
17.) 411.

On indictment for assault, with murderous intent, defendant may be
convicted of assault with intent to inflict great bodily injury. (Iowa.
200.) 632.

On verdict of guilty of assault, with intent to do great bodily injury,
defendant may be sentenced for assault only. (Iowa, 200.) 632.
To review the question of excessive punishment the record must con-
tain all the testimony. (Iowa, 246.) 678.

Evidence on which warrant is granted is sufficient to hold party arrested
when he waives examination. (Mich. 557.) 863.

Possession of stolen property is not prima facie evidence the possessor
committed the burglary when they were stolen. (Mich. 557.) 863.
CROSS-EXAMINATION. See FRAUDULENT SALE: JUDGMENT.

CUSTOM.

Decision in adjudged cases not proof of local custom. (Mich. 499.) 269.

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