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The court in the reported case (LUTTON V. BAKER, ante, 1696) seems to regard its decision as supported by earlier Iowa decisions to the effect that where the purchaser of a bill or note bearing a revenue stamp knew that such stamp was placed on the note after it was executed and delivered, the omission of the stamp could be pleaded against him (First Nat. Bank v. Dougherty (1810) 29 Iowa, 260), and by other cases in which a purchaser of a post-stamped note has been held to be a bona fide holder, and in which his character as such is expressly based upon the fact that he had no knowledge that the note was not stamped until after it was issued

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(Blackwell v. Denie (1867) 23 Iowa, 63; Gage v. Sharp (1867) 24 Iowa, 15; Anderson & Co. v. Starkweather (1869) 28 Iowa, 409; Speery v. Horr (1871) 32 Iowa, 184; and see Robinson v. Lair (1870) 31 Iowa, 9), notwithstanding that the view in force in Iowa at the time these cases were decided, that the omission of the stamp, even if inadvertent, invalidated the instrument, was overruled by later cases. It is to be observed that the omission of the stamp was relied upon in the LUTTON CASE, not as a ground of defense to the note, but as defeating the bona fides of the purchaser and thus letting in an independent defense. W. A. E.

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Presumption of negligence from, see Evi-

DENCE.

Insurance against, see INSURANCE.

ACTION OR SUIT.

In general.

Abatement of action, see Abatement AND
REVIVAL.

Action by stockholder of corporation, see
CORPORATIONS.

As to costs and fees, see COSTS AND FEES.
Independent suit for alimony or support,
see DIVORCE AND SEPARATION.

Action by husband or wife, see HUSBAND
AND WIFE.

Limitation of

or

TION OF ACTIONS Suit, see LIMITA-

Parties to action, see PARTIES.
See also PRIVATE ACTION.

The dash in each citation stands for A.L.R.

1703

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Estoppel by, see ESTOPPEL.

By demurrer, see PLEADING.

ALLOWANCE.

Making of allowance to wife by husband
as defense to civil suit by her for
support. 6-63.

Heavy italic type is used for annotations; roman type for cases.

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Duties and liabilities of owner of, to ten-
ants or person having business with
tenants, see LANDLORD AND TENANT.

What constitutes. 6-459.
License to enter. 6-459.

APPEAL AND ERROR.

As to bill of review, see REVIEW.

Cross errors.
Refusal to review rulings against appellee
which are not brought up by cross
appeal. 6-135.

Briefs.

Duty of party to present all questions in
his original brief. 6-166.

Rules of decision.

Resolving in favor of plaintiff for whom
judgment has been entered any con-
flict of evidence. 6-1145.

Presumptions.

Presumption that trial court submitted
an issue under proper instructions.
6-456.
Presumption that trial court discharged
its duty to warn prisoner before ac-
cepting plea of guilty. 6-687.
Presumption that court did not abuse its
discretion in denying prisoner's mo-
tion to withdraw plea of guilty.
6-687.

Sufficiency of evidence. 6-146.

Discretionary matters.

Amendment of pleading. 6-456.

Admission of evidence of reputation of
witness for truth and veracity in re-
buttal of evidence contradicting state-
ments made by him. 6-859.

Questions not raised below.
Jurisdiction of equity. 6-1182.
Right of complainant failing to appeal
from decree awarding interest to him
to ask appellate court to increase the
amount. 6-1182.

Errors waived or cured below.
Trial of case on merits without contention
that any traversable allegations in
the pleadings had been admitted, as
waiver of failure to deny affirmative
allegations in the answer. 6-676.
Cure of error in refusing to permit de-
fendant to be cross-examined as to
statements made out of court by per-
mitting other persons to testify in
regard to them. 6-981.

Curing by instruction error in rejecting
evidence. 6-1476.

Review of facts.

As to excessive or inadequate damages,
see DAMAGES.

Review on appeal of evidence as to gen-
uineness of disputed documents.
6-507 (case p. 500).

General rule as to disturbing findings,
6-1426.

Review of finding by jury on conflicting
evidence as to whether note was pro-
cured from maker by fraud. 6-456.
Refusal to overrule findings of fact which
cannot be said to be without warrant.
6-613.

Conclusiveness of special verdict fixing
value of use of property in replevin.
6-476.

Reversal of finding which is inherently
improbable. 6-669.

The dash in each citation stands for A.L.R.

Finding as to contributory negligence.

6-586.

Findings of trial court upon disputed
questions of fact. 6-549.

Right of New York court of appeals to
examine the evidence upon appeal
from a decision of the appellate divi-
sion which is not unanimous. 6-581.
Conclusiveness of findings by court sitting
without jury. 6-1503.

Findings of master on reference. 6-1340.

Reversible error-as to evidence.
Error in admission of evidence which
could only affect the amount of the
verdict. 6-1291.

Error in admission of opinion evidence
where there was other testimony as
to subject-matter of opinion and suf-
ficient competent evidence to sustain
finding. 6-1242.

Exclusion of evidence which would not
have changed result. 6-396.
Refusal to permit witness to answer a
question involving an argument.
6-1031.

Excluding testimony that insanity is
hereditary on question of insanity of
particular persons whose relatives
are shown to have been insane,
6-1476.

as to instructions.
Effect of predicating authority of local

council of mutual benefit society to
waive conditions upon the wrong sec-
tion of the by-laws, in submitting to
jury question whether council had
waived such conditions. 6-591.
Refusal of request for proper charge al-
ready covered by instructions given.
6-1031.

— submission of issues.
Reversible error in refusal to permit jury
to consider punitive damages where
verdict was for defendant. 6-1048.
- as to findings, verdict, or judgment,
Proceedings to fix the degree of the crime
upon entry of the plea of non vult
contendere in homicide case. 6-690.
Wrong reasons. 6-789.

Judgment.

Refusal to direct final judgment where

justice requires further evidence.
6-135.

Necessity of new trial on reversal of a
judgment in the appellate court which
reversed that of the trial court.
6-1291.

Directions to trial court upon reversal of
conviction of murderer because of ac-
ceptance of plea of non vult conten-
dere as a confession of guilt. 6-690.
Conclusiveness of decision, on later ap-
peal. 6-1503.

Rehearing.

Right of party to present in petition for
rehearing, points not presented in his
original brief. 6-166.

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Cause of action for assault and battery
upon wife as community property.
6-1059 (case p. 1056).

Right of one spouse to maintain an ac-
tion against the other for assault and
battery under the Married Woman's
Acts. 6-1038 (case p. 1031).
Civil liability growing out of mutual
combat. 6-388 (case p. 386).
Civil action for assault upon female per-
6-985 (case p. 981).
Admissibility of evidence of the bad
moral character of the parties to a
civil action for an indecent assault
upon a female. 6-1051 (case p.
1048).

son.

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Joinder of cause of action for assault with
one for injunction. 6-459.
Necessity of joining husband as party
plaintiff in action by wife for assault
on her. 6-1056.

Evidence in action by wife against her
husband for assault. 6-1031.
Instructions in action by wife for assault
by husband. 6-1031.

Instructions in action for indecent as-
sault upon female. 6-1048.
Evidence that parties had engaged in a
mutual combat in civil action for as-
sault. 6-386.

By landlord on one attempting to exer-
cise his implied license to deliver sup-
plies to tenant. 6-459.

Defenses; justification.

Justification for assault upon female
person. 6-997.

Waiver of right to recover for assault.
6-527.

Heavy italic type is used for annotations; roman type for cases.

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