INDEX-DIGEST

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

Courts

VII. ON APPEAL OR ERROR, AND ON
NEW TRIAL OR MOTION THEREFOR.

562 (2) (Minn.) Vacation of order for assessment of stockholders to allow hearing as to amount in discretion of court.-Hosford v. Cuy-238(1) (Mich.) No costs allowed on afuna Minneapolis Iron Co., 1025. La Pree v. De Pew's Estate, 36. firmance, where no brief is filed by appellee.

Notice of application to levy assessment on stockholders may be by publication if court directs.-Id.

Refusal to vacate order for assessment of stockholders held proper.-Id.

X. CONSOLIDATION.

COUNTERCLAIM.

See Set-Off and Counterclaim.

COUNTIES.

583 (Iowa) Consent to merger held to bar I. CREATION, ALTERATION, EXISTENCE, action for irregularity in organization of original corporation.-Lohr v. Faber, 806.

AND POLITICAL FUNCTIONS. (Neb.) Do not possess double govern

XI. DISSOLUTION AND FORFEITURE OF mental and private character.-State v. Board of Com'rs of Douglas County, 639.

FRANCHISE.

613(1) (S.D.) Suit to forfeit charter can only be brought by state.-In re Mee, 675.

II. GOVERNMENT AND OFFICERS.

(A) Organization and Powers of Govern

ment in General.

621 (1) (Neb.) Misconduct by officers not ground for appointment of permanent receiver to wind up affairs of solvent corporation at 24 (Neb.) State can direct use, manageinstance of minority stockholders.-Furrer v. ment, and disposition of county's property acNebraska Bldg. & Inv. Co., 359. State v. Board of Com'rs of Douglas County, quired by funds raised through taxation.

Appointment of permanent receiver to wind up solvent corporation without statutory notice to interested persons is void.-Id.

639.

(C) County Board.

621(3) (Neb.) Proceedings under void order appointing a receiver to wind up solvent 39 (Wis.) Sewerage commissions and discorporation without statutory notice to stock-posal work held not to violate constitutional proholders are void.-Furrer v. Nebraska Bldg. & vision for conferring powers on county boards tan Sewerage Commission, 484. or provision for one uniform system of town and county government.-Thielen v. Metropoli

Inv. Co., 359.

a

622(2) (Neb.) Receiver's sale of solvent corporation's property at suit of some stock-49 (N.D.) Commissioners must act as holders without notice to others void.-Furrer board at proper meetings.-State v. Larson, v. Nebraska Bldg. & Inv. Co., 359.

(A) Public Buildings and Other Property. nish offices in county courthouse for municipal 106 (Neb.) Statute requiring county to furcourts held not to appropriate property of one taxing district for use of another.-State v. Board of Com'rs of Douglas County, 639.

Statute providing for housing of municipal courts in county courthouse held not invalid. -Id.

IV. FISCAL MANAGEMENT, PUBLIC DEBT,
SECURITIES, AND TAXATION.

XII. FOREIGN CORPORATIONS. 642(42) (Mich.) Foreign maintaining agent in state and shipping pig corporation iron to state pursuant to contract, engaged in 196(4) (Wis.) Taxpayer held to have suf"interstate commerce," and not "doing busi- ficient interest to enable him to sue to enjoin ness within state."-Toledo Furnace Co. v. publication of delinquent tax list in unauthorLansing Co., 864. ized newspaper.-Dawley v. Callahan, 149.

COURTS.

C642(42) (Mich.) Foreign corporation, having branch office in the state in charge of manager from which it did business, held "doing business in the state."-Republic Acceptance See Contempt; Criminal Law, 102; JudgCorporation v. Bennett, 901.

es; Justices of the Peace; Prostitution.

657(3) (Mich.) Contract by foreign corporation held "made in the state" within stat-II. ute as to incapacity to contract without compliance therewith.-Republic Acceptance Corpora- (B) tion v. Bennett, 901.

That foreign corporation,

ESTABLISHMENT, ORGANIZATION, AND

Terms, Vacations, Place and Time of
Holding Court, Courthouses, and

PROCEDURE IN GENERAL.

Accommodations.

657(7) (Wis.) purchaser of insolvent corporation's assets, was 62 (Neb.) Statute requiring county comnot licensed to do business, held not ground for missioners to furnish suitable room for accomsetting aside sale.-Goodwin v. Milwaukee Lith-modation of the "several courts of record" ographing Co., 136. 668(15) (Minn.) Foreign corporation can- courts in the courthouse held not inconsistent. and statute requiring them to house municipal not be served by service of summons on its-State v. Board of Com'rs of Douglas County, president, a resident of the state, unless the 639. corporation is doing business within the state. 72 (Neb.) Statute requiring county com-Louis F. Dow Co. v. First Nat. Bank, 653. National bank engaged in banking business commodation of "courts of record" held inapmissioners to provide suitable rooms for acin other state held not engaged in business plicable to municipal courts.-State v. Board within the state by reason of contracts entered of Com'rs of Douglas County, 639. into.-Id. (D) Rules of

COSTS.

I. NATURE, GROUNDS, AND EXTENT OF
RIGHT IN GENERAL.

32(1) (Minn.) Costs and disbursements. taxable, under statute, go to party ultimately prevailing.-Cardoff v. Cardoff, 124.

Decision,

Adjudications,

97(5) (Mich.) Construction of interstate
Opinions, and Records.
berg & Sons v. Wabash R. Co., 1018.
shipment contract a federal question.-H. Gins-

97(5) (Wis.) State Supreme Court will
not differ from Supreme Court of the United

States on construction of the federal Constitu-167 (Wis.) Trying accused in upper branch tion.-State v. Emery, 564.

99(1) (Iowa) Denial of motion to dismiss not adjudication preventing setting up of defense of limitations.-Gardner v. Beck, 962.

IV. COURTS OF LIMITED OR INFERIOR

of municipal eourt after a plea of guilty in lower branch thereof held illegal as constituting former jeopardy.-Belter v. State, 270. Attempt to bind accused over to upper branch of municipal court by lower branch after plea of guilty held to entitle accused to discharge. Id. 188(1) (Neb.) Municipal courts of city 168 (Wis.) That which discharges a deheld a branch of judicial system of state.-fendant in a criminal proceeding may be sucState v. Board of Com'rs of Douglas County, cessfully pleaded in bar to a second attack for 639. the same offense.-Belter v. State, 270.

JURISDICTION.

176 (Wis.) Proceeding before lower branch of municipal court held not a preliminary hearing.-Belter v. State, 270.

V. COURTS OF PROBATE JURISDICTION. 200 (Neb.) County court has exclusive original jurisdiction in probate matters.-Pinn 177 (Minn.) Dismissing indictment for clerv. Pinn, 371.

VIII. CONCURRENT AND CONFLICTING
JURISDICTION, AND COMITY.

(A) Courts of Same State, and Transfer of

Causes.

ical error, without decision on demurrer, held not an "order" precluding prosecution under other indictment.-State v. Lightheart, 408.

179 (Wis.) Accused is in jeopardy after plea of guilty.-Belter v. State, 270.

195(1) (Wis.) Increase in penalty on plea 481 (Iowa) Order of a probate court held of guilty in upper branch of a municipal court not affected by a subsequent order touching the held not a part of substantive offense.-Belter same matter, entered by different judge.-In202(3) (Minn.) Conviction for keeping inv. State, 270. re Dodge's Estate, 759.

(D) Covenants Running with the Land.

72 (Mich.) Residential building restrictions covering large area not invalidated by change of character of surrounding territory.-Bohm V. Silberstein, 899.

74 (Mich.) Release of some lots from restrictions does not bind prior purchasers of other lots.-Harvey v. Rubin, 17.

toxicating liquor for sale not a bar to a prosecution for the unlawful sale of liquor.-State v. Oberman, 444.

(A) Judicial Notice, Presumptions, and Burden of Proof.

74 (Mich.) That grantor sells abutting property without restrictions held not to prevent purchaser of restricted area from en-317 (S.D.) Requested instruction negativforcing restriction.-Bohm v. Silberstein, 899. ing presumption from failure to testify held proper. State v. Wimpsett, 983.

III. PERFORMANCE OR BREACH.

103 (2) (Mich.) Exceptions from restrictions in certain cases held not to defeat general scheme of restricting buildings.-Harvey v. Rubin, 17.

Facts held not to show change rendering restrictions unreasonable.-Id.

361(1) (Mich.) Admission of statement of witness to prosecutor as to cause of change of testimony held competent.-People v. Prevost, 92.

103(2) (Mich.) Restriction to residence 365(1) (Wis.) Evidence as to withdrawn purposes must be observed, though adjoining charge included in main charge admissible as street has become business thoroughfare.- part of res gestæ.-Williams v. State, 268. Benzing v. Harmon, 69.

(C) Other Offenses, and Character of Accused.

369(1), (Mich.) Evidence of other offenses inadmissible in felony cases except as to intent.-People v. Trudell, 910.

369(6) (Mich.) Evidence of defendant's possession of liquor six months prior to date charged not admissible to show probability of possession on date charged.-People v. Skrypczak, 854.

374 (Mich.) Showing as to time necessary before admitting testimony as to other sales of liquor.-People v. Trudell, 910.

(E) Best and Secondary and Demonstra

tive Evidence.

403 (Neb.) Testimony that both sender and receiver of telegram treated it as genuine and acted under it held a sufficient foundation for admission of telegram.-Ridings v. State, 372.

404(3) (Neb.) Where defendant pleads not guilty, shotgun and shell used in committing homicide are admissible.-Maddox v. State, 398.

eral.

For cases in Dec. Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER (H) Documentary Evidence and Exclusion (B) Course and Conduct of Trial in Genof Parol Evidence Thereby. 429(1) (Neb.) Public records kept by county treasurer admissible as evidence of his act.-Heilman v. State, 303.

(I) Opinion Evidence.

656 (1) (S.D.) Admonition of accomplice. witness by court held not error.-State v. Drapeau, 305.

(C) Reception of Evidence,

448 (1) (Minn.) Whether sufficient founda-661 (Neb.) Defendant, pleading not guilty tion laid to permit statement of conclusion by to first degree murder, cannot limit state's witness discretionary with trial court.-State proof to defense of insanity or degree of v. Green, 711. crime.-Maddox v. State, 398.

456 (Neb.) Nonexpert witness who observ-6662 (Mich.) Application to defendant's ed defendant's appearance at time of homicide attorney of regulation that witnesses should may testify as to whether he appeared rational not talk with any one during cross-examination or irrational.-Maddox v. State, 398. held proper.-People v. Prevot, 92.

494 (Minn.) Instruction referring to testi-678(1) (Minn.) Refusal to require an elecmony of particular witness held not ground for tion between act committed on date charged reversal.-State v. Mulroy, 441, and other earlier acts shown by evidence, but not relied on for conviction, held not error.State v. Lightheart, 408.

(J) Testimony of Accomplices and Code

fendants.

511(2) (S.D.) Evidence held sufficient to corroborate testimony of accomplice.-State v. Drapeau, 305.

511(2) (S.D.) Evidence corroborating accomplices' testimony need not be direct or sufficient to warrant conviction, but must show more than commission of. offense.-State v. Odle, 515.

511(5) (S.D.) Evidence held insufficient to corroborate accomplice's testimony.-State v. Odle, 515.

(K) Confessions.

(D) Objections to Evidence, Motions to Strike Out. and Exceptions.

695 (5) (Minn.) Objection to testimony as incompetent, irrelevant and immaterial held not sufficient as against hearsay testimony.-State v. Pearson, 404.

(E) Arguments and Conduct of Counsel.

706 (Neb.) Rejected offer of state to introduce in evidence a hat knocked from deceased's head by fatal shot held not erroneous or prejudicial.-Maddox v. State, 398.

721(1) (S.D.) Reversible error for prosecution to call attention to failure to testify.State v. Wimpsett, 983.

517(1) (Wis.) Confessions made under duress held not admissible.-Lang v. State, 558. 519(2) (Wis.) Admission of confession730(13) (Wis.) Remark of district attorsubsequent to a prior confession secured by use ney held not reversible error.-Schiner of force held error.-Lang v. State, 558. State, 261.

531 (3) (Wis.) Evidence held sufficient to show that a confession was made under duress. -Lang v. State, 558.

V.

753 (2) (S.D.) Reversible error cannot be (L) Evidence at Preliminary Examination predicated upon refusal to advise acquittal.— State v. Drapeau, 305.

or at Former Trial.

543(1)(Mich.) Testimony of absent wit-753 (3) (Mich.) Charge held not direction ness at former trial held admissible, where witness has disappeared.-People v. Harvey, 925.757(1) (S.D.) Instruction that defendant

(M) Weight and Sufficiency. 549 (S.D.) Jury may base verdict on portion of evidence deemed true, and finding is conclusive on appeal.-State v. Drapeau, 305. 564 (1) (Mich. ) Evidence held to establish venue. People v. Rimkus, 30.

564(1) (Wis.) Proof of venue held sufficient. Schiner v. State, 261.

566 (Minn.) Evidence held to prove fendant's identity.-State v. Mason, 452.

to convict.-People v. Chyc, 70.

cannot be convicted, where prosecutrix's testimony is unreliable, held properly refused.State v. Fehr, 942.

763, 764(7) (Mich.) Court can admonish jury undisputed facts show guilt.-People v. Chyc, 70.

(G) Necessity, Requisites, and Sufficiency of Instructions.

de-781 (6) (Wis.) Instruction as to force of confession held error.-Lang v. State, 558. 571 (Mich.) Evidence held to show that offense of malicious mischief was within jurisdiction of circuit court.-People v. Rimkus, 30.

XI. TIME OF TRIAL AND CONTINUANCE.

785(4) (Minn.) Statement in charge as to detectives' testimony held not error.-State v. Oberman, 444.

787 (1) (S.D.) Requested instruction negativing presumption from failure to testify held proper, and erroneously refused.-State

586 (Neb.) Continuance discretionary with Wimpsett, 983. presiding judge.-Ridings v. State, 372.

XII. TRIAL.

(A) Preliminary Proceedings. 625 (Minn.) Court may inquire into mental condition of defendant claimed to be insane at time of trial, without a jury or appointment of commission.-State v. Hagerty, 411.

V.

Not reversible error for court to refer to failure to testify in charging on right not to testify.--Id.

787 (2) (Mich.) Charge on court's own motion that defendant's failure to testify should not be considered as an admission of guilt held not error.-People v. Ferrise, 56.

Instruction as to defendant's right to "decline" to testify held not erroneous. Id.

Method of determining whether accused is insane when case is called for trial discretion-traordinary argument" held not ground for reary with court.-Id.

Finding of insanity, by commission appointed by probate court subsequent to commitment of accused to await action of grand jury, not binding on district court.-Id.

799 (Minn.) Instruction referring to "exversal; instruction that every safeguard was thrown around defendant to protect his rights held not ground for reversal; instruction that it was federal officer's duty to destroy all liquor not wanted for evidence held not ground for reversal.-State v. Mulroy, 441.

628(5) (Neb.) District court may in its discretion permit names of additional witness-814(3) (S.D.) Requested instruction must es to be indorsed on information during prog- state law correctly in its application to eviress of trial.-Ridings v. State, 372. dence.-State v. Wimpsett, 983.

(H) Requests for Instructions.

1159(4) (S.D.) Truth or falsity of testi824 (4) (Mich.) Failure to charge on alibi mony of prosecutrix held for the jury.-State held not reversible, in absence of request.-V. Fehr, 942. People v. Griffin, 5.

829(9) (S.D.) Requested instruction negativing presumption from failure to testify held not sufficiently covered.-State v. Wimpsett, 983. 829(17) (Mich.) Instructions as to matters covered properly refused.-People v. Trudell,

910.

829(18) (Mich.) Failure to instruct as to reasonable doubt held not error.-People v. Trudell, 910.

1160 (Minn.) Circumstantial evidence, though not strong, may support conviction approved by court.-State v. Green, 711.

rors

1162 (Neb.) Immaterial and harmless ernot ground for reversal.-Heilman

State, 303.

V.

1165(1) (Minn.) Conviction not reversed if it appears that defendant could not have been prejudiced.-State v. Mulroy, 441.

11662 (6) (Minn.) Restriction of examination of jurors held harmless in view of conclusive proof of guilt.-State v. Mulroy, 441.

XIV. JUDGMENT, SENTENCE, AND FINAL 11662 (6) (Minn.) Restriction of defendant's examination of prospective jurors held not ground for reversal.-State v. Oberman,

COMMITMENT.

995 (2) (Minn.) When court had jurisdic-444. tion of accused and offense, failure to show com-1168(2) (Mich.) Refusal to permit certifiplaint sworn to did not invalidate judgment.-cate of conviction of a witness to be heard held State v. Rudin, 710. error. but not a cause for reversal where fact established by other evidence.-People v. Prevost, 92.

XV. APPEAL AND ERROR, AND CER

TIORARI.

1169(1) (Mich.) Testimony by defendant

(B) Presentation and Reservation in Low-held to waive error in admission of testimony that he had refused to testify in proceedings prior to trial.-People v. Prevost, 92.

er Court of Grounds of Review.

on

1028 (Wis.) Failure to present plea of 1169(2) (Neb.) Admission of incompetent former jeopardy does not prevent raising it testimony harmless where fact is established appeal.-Belter v. State, 270. by other sufficient uncontradicted evidence.Watson v. State, 620.

1032(5) (Mich.) Objection to sufficiency of indictment too late on appeal.-People v. Grif-1169(11) (Mich.) Wrongful admission of fin, 5. evidence not ground for reversal, where other competent undisputed evidence sustained conviction.-People v. Skrypczak, 854.

1036(1) (Mich.) Objection to testimony that a person not a witness refused to testify at prior proceedings on constitutional grounds 1170 (3) (Mich.) Defendant, who was givnot raised at trial cannot be raised on appeal. en a copy of testimony at John Doe proceedings -People v. Prevost, 92. before close of trial, not prejudiced by prior refusal of court to give such testimony.-Peo

1036(1) (Minn.) Objections to testimony cannot be raised for the first time on appeal.ple v. Prevost, 92. -State v. Pearson, 404.

1036(7) (Mich.) Objection to authenticity of minutes of testimony at former trial cannot be first raised on appeal.-People v. Harvey,

925.

117012 (1) (Mich.) Impeaching witness discredited by conviction, at former trial on collateral matter held error, but harmless.---People v. Harvey, 925.

1053 (S.D.) Action of court in admonish- examination not reversible error where subject 11702(5) (Minn.) Restriction of crossing accomplice witness is not reviewable, where is of minor importance.-State v. Oberman, not excepted to.-State v. Drapeau, 305.

444.

1068 (Minn.) Question as to effect of probate court's order of insanity of accused sub-1171(3) (Mich.) Improper remarks of sequent to commitment for action of grand prosecuting attorney on attack by defendant held not reversible error.-People v. Prejury cannot be certified by district court to Suvost, 92. preme Court.-State v. Hagerty, 411.

(E) Assignment of Errors and Briefs.

(H) Determination and Disposition of Cause.

1129(1) (G.D.) Assignment upon insuffi-1186 (4) (Mich.) Defects in information for ciency of evidence must appear in the record. running lottery which can be amended not re-State F. Winne, 119. versible error.-People v. Jacobs, 11.

1129(1) (S.D.) Action of court in admon-1186(4) (Wis.) Failure to file informaishing accomplice witness is not reviewable tion before change of venue was granted held where not excepted to or assigned as error.- not prejudicial error.-Thies v. State, 539. State v. Drapeau, 305.

(G) Review.

XVI. SUCCESSIVE OFFENSES AND HABIT-
UAL CRIMINALS.

1144 (7) (Minn.) Failure to try case' fol-1200 (Wis.) Act authorizing additional lowing return of indictment held not ground for reversal.-State v. Lightheart, 408.

1144(12) (Mich.) Evidence as to other sales presumed competent.-People v. Trudell, 910.

1144(14) (S.D.) Where no exceptions were taken, instructions presumed proper.-State v. Drapeau, 305.

1151 (Neb.) Supreme Court will not interfere with ruling in absence of abuse of discretion.-Ridings v. State, 372.

1153(6) (Wis.) Decision of trial court to admit evidence of confession should control unless clearly against the evidence.-Lang v. State, 558.

1159(2) (S.D.) Jury may base verdict on portion of evidence deemed true, and finding is conclusive on appeal.-State v. Drapeau, 305.

penalty for second offense does not authorize imposing penalty unless a prior conviction was proved.-State v. Faull, 274.

Imposing additional penalty for conviction under second count held error.-Id.

XVII. PUNISHMENT AND PREVENTION OF
CRIME.

1211 (Wis.) Increase of penalty for former conviction without notice to defendant of reliance thereon held error.-Belter v. State, 270.

1216(2) (Wis.) Former sentence and sentence for second offense committed during parole run concurrently, and latter sentence cannot be made cumulative by board of control.Ex parte McDonald, 1029.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

III. GROUNDS AND SUBJECTS OF COM-I. EVIDENCE OF DEATH AND OF SURVIPENSATORY DAMAGES. VORSHIP. (B) Aggravation, Mitigation, and Reduc-5 (Iowa) Survivorship to be proved by party asserting it.-Graybill v. Brown, 726. 6 (Iowa) Evidence of survivorship insufficient.-Graybill v. Brown, 726.

(C) Interests, Costs, and Expenses of Liti- (B) Jurisdiction, Venue, and Limitations. gation.

105 (Iowa) Measure of damages for ship- See Mortgages. ment of peaches condemned stated.-E. N. Emery & Co. v. American Refrigerator Transit

113 (Iowa) Measure of recovery for dam-60 (Iowa) No delivery though grantee had ages to peaches shipped stated.-E. N. Emery possession.-Bousselot v. Bousselot, 947. & Co. v. American Refrigerator Transit Co., 824.

130(3) (Mich.) $7,500 for injuries resulting in severe nervous shock held not excessive.124(1) (Iowa) Words "heirs and assigns" -Bruman v. Yellow Taxicab Co., 887.

187 (Iowa) Evidence as to earning money generally, not necessary in action for perma-211(1) (Mich.) Evidence held insufficient nent injuries.-Morris v. La Bahn, 797. to show grantor was mentally incompetent at 188(1) (Iowa) No recovery in absence of time of making deed.-Phillips v. Phillips, 42. showing of loss.-E. N. Emery & Co. v. Ameri-211(4) (lowa) Evidence held not to aucan Refrigerator Transit Co., 824.

6 (N.D.) Statute section held not to repeal 208 (3) (Iowa) Evidence as to permanency powers of county commissioners to designate of injuries held sufficient to go to jury.-Mor-legal depositaries.-State v. Larson, 626. ris v. La Bahn, 797.