IDEM SONANS. If names are, difference in spelling is immaterial. (Mich. 475.) 245. Security should be required for money paid out of court to general Joint note of, given in settlement of bastardy proceedings, is voidable Suit on completed contract of, must be brought in infant's name. INFORMATIONS. Should be instituted in the circuit court. (Mich. 489.) 259. Order granting temporary, held not appealable. (Dak. 30.) 322. Premature motion to question collection of deficiency on foreclosure Petition held sufficient to authorize. (Iowa, 78.) 488. Motion to vacate, held not to raise question as to sufficiency of affidavit. Dissolution of an injunction as an adjudication of the parties' rights. INSURANCE. SEE INSURANCE, FIRE. Stipulation in policy restricting powers of agent, held binding. (Dak. Provision in policy that house should not become vacant-vacation of Dissenting opinion of Taylor, J., in Taylor v. Phanix Insurance Company. Failure to disclose encumbrances in application for, will avoid the pol- Effect of transfer of title as to avoiding policy. (Wis. 695.) 595. Policy not vacated by additional insurance where the company's agent Claim on proof of loss made in good faith for goods destroyed not cov- Certain policy construed. (Minn. 202.) 346. Husband having a policy on his life payable to his own order, dying INTEREST. Presumption that verdict includes. (Wis. 701.) 749. Claim against estate of, for board and services rendered by a member of INTOXICATING LIQUOR. Defendant liable in damages only for injuries to which he has contrib- Vendor of, is bound only to the exercise of good faith and due diligence Note given on illegal sale of, is wholly void. (Iowa, 227.) 659. Action on note given for, and open account, proper application of pay- JOINT DEBTORS. Cannot set off to claim sued upon anything but joint demands. (Mich. JORDAN, VILLAGE OF. Power of village council to punish for assault and battery. (Minn. 213.) 695. JUDGE. SEE COURTS. JUDGMENT. Will not be reversed for purely technical error. (Wis. 604.) 16. Held not supported by the evidence. (lowa, 692.) 72. 463.) 233. (Mich. On transcript, cannot be reviewed by bill in chancery. (Mich. 515.) (Minn. 201.) 345. Reversed for exclusion of cross-examination. Proper judgment against garnishee claiming liens on defendant's prop- JUDICIAL SALE. Cannot be vacated unless purchaser has an opportunity to be heard. Purchaser at, not necessary party to a bill to re-examine original pro- Failure of sheriff to file return within the year of redemption. (Iowa, If debtor is credited with the amount bid at sale he cannot complain that Decree ordering sale of buildings and lands as an entirety held errone- JURISDICTION. Of appellate court, not restricted by rule 12. (Iowa, 776.) 156. Where a regular summons is legally served the court acquires jurisdic- JURY. Failure to object to imperfect jury before retirement a waiver of the Officer in charge of, cannot be present at their deliberations. (Mich. JUSTICE OF THE PEACE. Payee may direct application of payment to certain judgment. (Mich. Satisfaction of judgment by, not conclusive. (Mich. 399.) 169. Entry of discharge of judgment in justice docket is not conclusive. Appeal from, in the city of St. Paul, must be to the district court. Fees on appeal rom. (Iowa, 334.) SOS. Place for transaction of judicial business and making process returna- LAND GRANT. Construction of grant to C. R. & M. R. Ry. Co. (Iowa, 312.) 786. Landlord may assign lease and right to fature crops. (Iowa, 678.) 58. Tenaut cannot bind property of third person by agreement with land- Where the surrender of a portion of the premises does not impair the LEASE. Acccepting the keys and leasing the property to another tenant, held Forfeiture for failure to comply with covenants. (Mich. 417.) 187. Amount to be paid under an agreement to pay for improvements. Interest of landlord in, may be assigned. (Iowa, 135.) 545. Parol, void under the statute of frauds, may be good as a lease from LEVY. Should so identify the property as to make the same chargeable to the Charge assuming the validity of certain levy held erroneous. (Mich. Description in, upon real estate, insufficient to charge public with con- On crops raised on farm claimed to have been transferred in fraud of In an action to recover property levied upon, section 3058, Code, held Upon property of third person in bulk with property of judgment LIBEL. Certain evidence held proper to defeat exemplary damages. (Mich Certain matter held libelous. (Wis. 660.) 392. Privileged communications do not extend to false statements mali- LIEN. See ATTORNEY'S LIEN; MECHANIC'S LIEN. Of landlord attaches for rent to become due in the future. (Iowa, Taking of mortgage for purchase money is a waiver of vendor's lien. (Iowa, 137.) 547. Priority of certain liens determined. (Wis. 699.) 599. Right of redemption of, not affected by section 3102 of Code. (Iowa, LIMITATIONS. Statute of, to recover premises under tax decd, not applicable to an Effect of payment by one of two joint obligors. (Mich. 413.) 183. Commences to run against dower, when. (lowa, 160.) 570. * Held to have run against defence to tax deed. (Lowa, 172.) 604. LICENSE. Only authorizes sale of liquors at place of business where licensed. LOCOMOTIVE ENGINEERS. Standard of ordinary care and prudence required of. (Wis. 641.) 376. MALICIOUS PROSECUTION. Conviction not conclusive as to probable cause. (Iowa, 177) 609. : MANDAMUS. Will not lie to compel the establishment of a highway. (Iowa, 181.) Demurrer to relator's answer to return to an alternative writ, treate Will not restore member of corporation found guilty of the offence MARRIED WOMEN. Fraudulent representations to procure a release of dower. (Mich. 424.) May maintain action for damages therefor. (Mich. 421.) 194. Employe knowingly working with dangerous or defective machinery When master not liable for negligence of co-servant. (Mich. 470.) 240. Liability of master for injuries to servant resulting from failure to fur- MAYOR. Power to act as magistrate does not entitle him to fees allowed a justice MECHANIC'S LIEN. Owner protected, on payment to original contractor in good faith and Mechanic's, held to attach to certain property. (Iowa, 137.) 547. Evidence held insufficient to show a contract for the transfer of. (Iowa, Use made of material may be shown by parol. (Iowa, 305.) 779. 779. MERCANTILE AGENCY. Liability of, under receipt for account for collection. (Wis. 656.) 388. Action cannot be dismissed for. (Iowa, 71.) 481. MISTAKE. To warrant reformation of a deed, on the ground of a mistake, the mis- 676. When no personal judgment against mortgagor is allowable. (Iowa, Second mortgagee may redeem from prior mortgage. (Mich. 434.) 204. Lien, released by proper tender. (Mich. 517.) 287. In foreclosure of, improper notice of sale held fatal. Minn. 633.) 365. Mortgagee, permitting judgment to be entered and sale made to cover Certain charge as to payment of note and alteration of mortgage, held MORTGAGE-Continued. Rights of mortgagee as purchaser at tax sale. (Iowa, 263.) 707. Construed to be one for payment, and not indemnity. (Mich. 570.) 876. Foreclosure for instalment, destroys lien for balance of debt not in- Sale of fixtures a part of the realty, though described in the mortgage When mortgage given by heirs will take precedence of prior unrecorded Evidence held sufficient to sustain findings of insanity of mortgagor. Conveyance held valid as a mortgage to trustees, rather than an assign- Purchasers of mortgaged property take subject to the mortgage provis- Land can be sold but once under the same mortgage, where the foreclos- MOTION. To strike out testimony which includes proper as well as improper evi- MUNICIPAL CORPORATIONS. Right of lot owner to recover damages for change of grade. (Wis. Where work of filling lot is done by owner under the belief of legality Measure of damages resulting from injury for change of grade. (Iowa, NATIONAL BANK. 349. (Iowa, 84.) 494. May take mortgage to secure contemporaneous debt and future ad- NEGLIGENCE. See CONTRIBUTORY NEGLIGENCE; CARRIERS. Owners of unsafe mine not liable to one who is a mere visitor. (Iowa, Certain findings held not to establish. (Wis. 644.) 376. NEGOTIABLE INSTRUMENTS. See CHECK; PROMISSORY NOTES; Certificate of deposit payable in currency, held negotiable. (Wis. 625.) Draft drawn without specifying time for payment is payable on demand Liability of agent for failure to present draft for payment. (Iowa, 207.) Indorsement of a negotiable instrument is a warranty of the genuine- |