was estopped to assert title or right to redeem. I not be made without written charges filed by -Purcell v. Thornton, 150 N. W. 899. § 600 (N.D.) Though the person conducting a mortgage foreclosure sale is an agent to receive the redemption money, he cannot waive payment of any part thereof.-Heitsch v. Minneapolis Threshing Mach. Co., 150 N. W. 457. Where a prior redemptioner or purchaser has paid taxes since foreclosure of the mortgage, he is entitled, in case of redemption from him, to payment of the taxes in addition to the principal debt, and a certificate of redemption issued without such payment is ineffective.-Id. § 6082 (Minn.) Where a deed to defendant is declared a mortgage, it is error for the judgment to require enough of the amount paid to redeem to be held in court pending creditor's suit against defendant's husband.-Tenvoorde v. Tenvoorde, 150 N. W. 396. § 6082 (Neb.) Evidence, in a suit to declare a deed absolute in form to be a mortgage and to be allowed to redeem, held to require denial of the relief sought.-Minick v. Reichenbach, 150 N. W. 1001. § 614 (S.D.) The right of redemption conferred by Civ. Code, § 2034, is barred in ten years. -Froelich v. Swafford, 150 N. W. 476, 893. $ 615 (S.D.) Service on the one from whom redemption is sought by a junior mortgagee is not necessary to give the court jurisdiction to protect the junior mortgagee's rights as redemptioner.-Froelich v. Swafford, 150 N. W. 476, 893. MOTIONS. See Appeal and Error, § 212; Criminal Law, §§ 576, 925-968; Pleading, § 356; Trial, 69, 96, 159, 166, 420. MUNICIPAL CORPORATIONS. See Adverse Possession, §§ 3, 8. 29, 68, 112; I. CREATION, ALTERATION, EXIST- (C) Amendment, Repeal, or Forfeiture of Charter, and Dissolution. § 48 (Minn.) The commission charter of the city of St. Paul adopted in 1912, sustained as against the contention that by reason of its educational features its adoption was not authorized by Const. art. 4, § 36, relating to home rule charters.-State v. City of St. Paul, 150 N. W. 389. the chief of police or some elector.-State v. Board of Police & Fire Com'rs of La Crosse, 150 N. W. 493, 896. A writing filed for the removal of a policeman held to constitute merely charges by the board of police commissioners itself, which would have entitled it to the position of an adversary prosecuting the charges and at the same time hearing them.-Id. IX. PUBLIC IMPROVEMENTS. (B) Preliminary Proceedings and Ordi$ 304 (S.D.) A resolution for paving a street, which names proposed materials in the alternative, held sufficient within Pol. Code, § 1303, as amended by Laws 1911, c. 95, and Laws 1913, c. 126.-Pettigrew v. City of Sioux Falls, 150 N. W. 772. nances or Resolutions. § 306 (S.D.) Under Pol. Code, §§ 1299-1332, a street may be paved and the cost thereof assessed against the adjacent property without an ordinance to divide assessments, under sections 1333-1339.-Pettigrew v. City of Sioux Falls, 150 N. W. 772. 8318 (Iowa) An objection to the change of the grade of a street before paving is waived if not presented before the council.-F. M. Hubbell, Son & Co. v. City of Des Moines, 150 N. W. 701. (C) Contracts. § 345 (Mich.) Under Detroit charter, the city may properly in letting contracts for paving require a guaranty bond for ten years.-Newberry v. City of Detroit, 150 N. W. 838. § 347 (Iowa) In an action on a contractor's bond held that the city could attack the original performance as not being in conformity narily acceptance of the work estopped the city. with the plans and specifications, though ordiCity of Ottumwa v. McCarthy Improvement Co., 150 N. W. 586. (E) Assessments for Benefits, and Special Taxes. § 408 (S.D.) The authority to assess abutting property for street improvements is statutory, and the statute will be strictly construed. -Pettigrew v. City of Sioux Falls, 150 N. W. 772. § 443 (Iowa) A variance between the grade established by the council and that on which the pavement is laid does not invalidate the special assessment to pay for the paving.-F. M. Hubbell, Son & Co. v. City of Des Moines, 150 N. W. 701. § 444 (Iowa) The resolution, advertisement for bids, and contract for street paving held to comply substantially with the requirements of IV. PROCEEDINGS OF COUNCIL OR the ordinance as to repair of the pavement.OTHER GOVERNING BODY. (B) Ordinances and By-Laws in General. $108 (Neb.) Where a petition for an ordinance is filed under Rev. St. 1913, § 3844, and the mayor and council are convened, the clerk cannot submit the ordinance to the voters with out first presenting it to the mayor and council. -In re Doerr, 150 N. W. 625; In re Frey, Id. 627; In re Abbott, Id. Under Rev. St. 1913, § 5237, an ordinance adopted under the initiative statute does not go into effect until 30 days after its adoption. -Id. V. OFFICERS, AGENTS, AND EMPLOYÉS. (B) Municipal Departments and Officers Thereof. $185 (Wis.) Under St. 1913, § 959-45, held, that the board of police and fire commissioners had power to suspend a policeman on its own initiative summarily, but removal could F. M. Hubbell, Son & Co. v. City of Des Moines, 150 N. W. 701. § 446 (Iowa) The extension of time for the completion of street paving as authorized by the contract does not invalidate the assessments therefor unless unreasonable.-F. M. Hubbell. Son & Co. v. City of Des Moines, 150 N. W. 701. An extension by the council of the time fixed by contract for the completion of street paving from December 1st to May 1st following is not so unreasonable as to invalidate the assessments.-Id. § 449 (S.D.) Under Pol. Code, §§ 1333, 1337, an ordinance for the division of an assessment for a street improvement, authorized by sections 1299-1332, must be passed prior to, or at the time of, the resolution for the improvement.Pettigrew v. City of Sioux Falls, 150 N. W. 772. A city may pass a general ordinance providing for the payment in installments of assessments for street improvements.-Id. $460 (Mich.) Under Detroit charter where the city does its own paving, it may properly assess against abutting owners the amount nec essary for maintenance for 10 years.-Newberry v. City of Detroit, 150 N. W. 838. Under Detroit charter, where city in paving street did the asphalt work, item for estimated profits not used for the maintenance of the city's asphalt plant held illegally assessed against abutting property.-Id. §§ 488, 489 (Iowa) An objection that an assessment for a street paving was excessive is waived if not made before the city council. F. M. Hubbell, Son & Co. v. City of Des Moines, 150 N. W. 701. § 502 (Iowa) Evidence that earth along one side of the pavement had washed out does not establish that the pavement was not permanent in character.-F. M. Hubbell, Son & Co. v. City of Des Moines, 150 N. W. 701. § 513 (Wis.) Where special benefits had been deducted, under St. 1913, § 899, in awarding damages for land taken, injunction will lie to restrain an assessment for special benefits, levied under section 903.-Stoughton State Bank v. City of Stoughton, 150 N. W. 418. § 523 (Mich.) Payment of assessment for public improvement after it had become a lien under Detroit charter held made under legal duress and not voluntary, so that it could not be recovered back.-Newberry v. City of Detroit, 150 N. W. 838. § 663 (Mich.) An owner of land abutting on a street may exercise jurisdiction over the street not interfering with the easement.-Crosby v. City of Greenville, 150 N. W. 246. § 683 (Iowa) Code Supp. 1907, § 1056A37, authorizing submission to the voters of the question of the passage of a proposed ordinance, is not applicable to the enactment of a franchise ordinance such as is contemplated by section 1056A30.-Des Moines City Ry. Co. v. Susong, 150 N. W. 6. § 703 (Iowa) A motorist operating his machine within the maximum fixed by ordinance is justified in assuming that drivers of other cars will do likewise, unless he has knowledge to the contrary.-Pilgrim v. Brown, 150 N. W. 1. intersecting streets, the driver of the vehicle not having the right of way is not charged with keeping a lookout at his peril for approaching vehicles operated at unlawful speed. -Pilgrim v. Brown, 150 N. W. 1. $705 (Neb.) It is actionable negligence to so drive a horse as to injure a pedestrian on the sidewalk.-James v. Hayden Bros., 150 N. W. 1013. § 705 (Wis.) The driver of an automobile upon a city street who collided with a wagon, held contributorily negligent.-Pietsch v. McCarthy, 150 N. W. 482. § 706 (Iowa) In an action for damages from a collision with defendant's car, whether plaintiff was exercising due care for his own safety held for the jury.-Pilgrim v. Brown, 150 N. W. 1. $706 (Iowa) Whether the driver of a horse, which was injured in a collision with an automobile, was guilty of contributory negligence, held for the jury.-Menefee v. Whisler, 150 N. W. 1034. action for the death of plaintiff's intestate from § 706 (Minn.) Under conflicting evidence in an a collision on a street between defendant's wagon and a wagon driven by deceased, held, that the questions of negligence and contributory negligence were for the jury.-Gronlund v. Cudahy Packing Co., 150 N. W. 176. XII. TORTS. (C) Defects or Obstructions in Streets and Other Public Ways. streets free from obstructions cannot be evaded $762 (Neb.) The duty of a city to keep its or cast on another by any act of the city.Cushman Motor Works v. City of Lincoln, 150 N. W. 821. Under Comp. St. 1909, c. 13, art. 1, § 129, to pass over its streets should see that it consubd. 61, a city permitting a railroad company structs and keeps in repair ditches, sewers, and culverts along or under the tracks.-Id. Where a railroad company constructs its road over a city street under a permit from the city, a person whose property is injured by its negligence may recover from the city or the company or both.-Id. § 775 (Neb.) A city must use reasonable diligence to keep its streets free from obstructions. 150 N. W. 821. -Cushman Motor Works v. City of Lincoln, keep its streets in repair, held bound to exer§ 794 (Iowa) A city, by statute required to cise ordinary care in guarding travelers against injury, by barricades or lights, where sewer excavations were made by licensees or independent contractors.-Frohs v. City of Dubuque, 150 N. W. 62. § 796 (Iowa) Where lights would have warned a traveler on a street of a sewer excavation, other barriers were not required.-Frohs v. City of Dubuque, 150 N. W. 62. § 803 (Wis.) A city is not liable for damages to one who fell into a ravine when he attempted to sit upon a defective railing along the sidewalk over the ravine.-Carlson v. City of Washburn, 150 N. W. 976. § 806 (Iowa) A traveler may walk or drive Under Laws 34th Gen. Assem. c. 72, § 21, upon the assumption that a municipality is an ordinance fixing the maximum speed for the maintaining its streets in a reasonably safe operation of motor vehicles is not void because condition, and need only exercise ordinary care. signs notifying travelers of the speed limit-Frohs v. City of Dubuque, 150 N. W. 62. were placed a short distance within the city limits.-Id. § 703 (Mich.) Pub. Acts 1909, No. 318, § 9, prohibiting municipal corporations from regulating the speed of automobiles, etc., on the streets, held invalid under Const. art. 8, § 28.People v. McGraw, 150 N. W. 836. § 705 (Iowa) Where an ordinance provided a method for the passing of vehicles meeting at § 819 (Iowa) Evidence held to show that a city was not negligent in warning or guarding travelers against a sewer excavation.-Frohs v. City of Dubuque, 150 N. W. 62. § 819 (Minn.) Evidence, in an action against a city and a railroad company for the death of plaintiff's intestate from falling down a bluff by the giving way of a curb, held to sustain a verdict for plaintiff against both defendants. Kimball v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 379. $819 (Wis.) Evidence held not to show that defects in the railing along a sidewalk across a ravine were the proximate cause of injuries received by one who fell therefrom.-Carlson v. City of Washburn, 150 N. W. 976. § 821 (Iowa) Whether the city was charged with notice of a defect was for the jury.-Frohs v. City of Dubuque, 150 N. W. 62. $ 821 (Minn.) In an action for death from falling down a bluff, held, that the question whether the support of the curbing was so weak as to create a dangerous defect in the street was for the jury.-Kimball v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 379. § 822 (Minn.) In an action against a city and a railroad company for the death of plaintiff's intestate from falling down a bluff by the giving way of a curb, held, that an instruction to return the same verdict as to both defendants was correct.-Kimball v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 379. XIII. FISCAL MANAGEMENT, PUBLIC DEBT, SECURITIES, AND TAXATION. (D) Taxes and Other Revenue, and Application Thereof. $956 (Neb.) A village has no inherent power to levy taxes.-Union Pac. R. Co. v. Heuer, 150 N. W. 259. $956 (N.D.) Under Comp. Laws 1913, § 3888, an incorporated village has the same power to enforce collection of poll taxes within its borders as has the ordinary township.-Village of Page v. Farmery, 150 N. W. 471. § 962 (Neb.) Laws 1885, c. 20, as amended by Laws 1887, c. 12, and Laws 1893, c. 8, construed with Rev. St. 1913, § 5108, does not take away the power of villages to levy tax for water supply under existing contracts or to maintain existing works.-Union Pacific R. Co. v. Heuer, 150 N. W. 259. § 978 (N.D.) Under Comp. Laws 1913, § 3888, the complaining witness in a village's action for poll taxes pursuant to Comp. Laws 1913, § 1426 et seq., need not state whether he is road overseer or street commissioner.-Village of Page v. Farmery, 150 N. W. 471. No formality is required in the pleadings in proceedings by a village under Comp. Laws 1913, § 2022, to enforce payment or working out of poll taxes.-Id. (E) Rights and Remedies of Taxpayers. § 993 (Mich.) A bill to enjoin a village from collecting any tax for a public improvement exceeding 5 per cent. of the value of the premises, and offering to pay a tax of 5 per cent., is not demurrable.-Harris v. Village of Highland Park, 150 N. W. 108. XV. ACTIONS. § 1038 (Mich.) An execution cannot issue against a municipal corporation.-WatermanWaterbury Co. v. School Dist. No. 4 of Cato Tp., 150 N. W. 104. MURDER. See Homicide, §§ 163-254, 287. MUTUAL BENEFIT INSURANCE. See Insurance, §§ 694-825. NAMES. See Partnership, § 64. § 2 (Iowa) A person's name is composed of the Christian name and a surname, and a Christian name may consist of letters only.-Riley v. Litchfield, 150 N. W. 81. §3 (Iowa) Where two or more Christian names are used, the middle name or names or letter is generally disregarded.-Riley v. Litchfield, 150 N. W. 81. Where a given name is written, the middle name or letter may be disregarded in identifying the person.-Id. § 16 (Iowa) Where names signed to a consent to the sale of liquors though spelled differently from the names in the pollbooks would be pronounced the same, the doctrine of idem Sonans applies.-Riley v. Litchfield, 150 N. W. 81. §18 (Iowa) Where the names on a consent to the sale of liquor and on the pollbooks are the same, there is a rebuttable presumption of the identity of the signers.-Riley v. Litchfield, 150 N. W. 81. $20 (Neb.) Under Rev. St. 1913, $$ 53155318, requiring sufficient and reasonable cause for a change of name, a decree is a matter of judicial discretion.-In re Taminosian, 150 N. W. 824. NAVIGABLE WATERS. I. RIGHTS OF PUBLIC. § 22 (Minn.) Defendant lumber company held to have a right to accumulate so much water by flooding dams as was reasonably necessary to drive with reasonable efficiency logs floated by it, though such detention lessened the supply available to run plaintiff's mill.-Johnson v. Wild Rice Boom Co., 150 N. W. 218. III. RIPARIAN AND LITTORAL § 39 (Minn.) In a millowner's action for damages against a logging corporation, organized under Gen. St. 1913, § 6263, held error to instruct that defendant had no rights in a navigable river superior to those of plaintiff.-Johnson v. Wild Rice Boom Co., 150 N. W. 218. NEGLIGENCE. See Animals, § 74; Appeal and Error, §§ 1001, 1029, 1062; Bridges, § 46; Carriers, §§ 83. 176-347; Insurance, § 143, 388; Landlord and Tenant, § 164; Master and Servant, §§ 85-330; Municipal Corporations, §§ 703–706, 762-822; New Trial, § 85; Physicians and Surgeons, § 18; Railroads, §§ 225-381; Street Railroads, §§ 81-118; Telegraphs and Telephones, §§ 51-73; Trial, §§ 219, 350. I. ACTS OR OMISSIONS CONSTITUTING NEGLIGENCE. (A) Personal Conduct in General. §3 (Iowa) While due care must be exercised in every instance, what is due care in one case may be the grossest negligence in another, depending upon circumstances.-Merchants' Transfer & Storage Co. v. Chicago, R. I. & P. Ry. Co., 150 N. W. 720. (B) Dangerous Substances, Machinery, and Other Instrumentalities. § 18 (Wis.) St. 1913, § 1494-57, requiring engines, etc., to be equipped with spark arresters, held applicable to all traction, portable, or other engines, except railway locomotives.-Legro v. Carley, 150 N. W. 985. A wire screen cone spark arrester, the apex of which had burned or rusted off, leaving a hole therein, held not a proper arrester, requir ed by St. 1913, § 1494-57.-Id. (C) Condition and Use of Land, Buildings, and Other Structures. 8 39 (Minn.) Owner of millpond held not liable for death of child from falling into a hole in the ice, caused by the ordinary operation of the mill.-Kohler v. W. J. Jennison Co., 150 N. W. 235. III. CONTRIBUTORY NEGLIGENCE. (C) Imputed Negligences § 93 (Minn.) Negligence of a driver of a vehicle is not imputed to a passenger riding therein, who exercises reasonable care for his own safety.-Carnegie v. Great Northern Ry. Co., 150 N. W. 164. IV. ACTIONS. (A) Right of Action, Parties, Preliminary Proceedings, and Pleadings. § 119 (Minn.) That each allegation of fact was not proved as alleged in a negligence case held not a fatal variance.-Bombolis v. Minneapolis & St. L. R. Co., 150 N. W. 385. (C) Trial, Judgment, and Review. 136 (Iowa) What is proximate cause is ordinarily one of fact for the jury.-Albrook v. Western Union Tel. Co., 150 N. W. 75. § 136 (Minn.) A mere gratuitous passenger is not guilty of contributory negligence as a matter of law, unless he actively participates in the negligence of the driver, or is aware that the driver is incompetent, and is not taking proper precautions, and then fails to warn him, or take steps to preserve his own safety.-Carnegie v. Great Northern Ry. Co., 150 N. W. 164. § 136 (Neb.) That the relationship between the driver of a wagon and the person riding therein is that of mother and child does not, as a matter of law, make the negligence of the driver imputable to the mother.-Craig_v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 648. On conflicting evidence as to whether a son was the agent of his mother, so that his negligence will be imputed to her, question is for the jury.-Id. § 139 (Wis.) In an action for fire set out by a threshing engine, an instruction held erroneous. -Legro y. Carley, 150 N. W. 985. NEGOTIABLE INSTRUMENTS. See Bills and Notes. NEWLY DISCOVERED EVIDENCE. See New Trial, § 102. NEWSPAPERS. See Libel and Slander, §§ 9, 66. NEW TRIAL. See Appeal and Error, §§ 294, 977, 1005, 1177, 1178; Criminal Law, 88 925-968; Trial, § 133. II. GROUNDS. (C) Rulings and Instructions at Trial. § 39 (Iowa) An order granting a new trial, because the court thought the jury had been misled by a failure to instruct on one point held a proper exercise of discretion. Rosche v. Bet tendorf Axle Co., 150 N. W. 663. § 39 (Minn.) Where a cause of action for deverting more water than agreed and one for detaining waters unreasonably were tried as one cause, held that an error in an instruction as to one of the causes necessarily required a new trial.-Johnson v. Wild Rice Boom Co., 150 N. W. 218. (D) Disqualification or Misconduct of or Affecting Jury. § 42 (Wis.) Denial of new trial because juror, who had ordered automobile from plaintiff, testified that he owed plaintiff nothing, owned no car, and was not negotiating for one, held not error.-Dishmaker v. Heck, 150 N. W. 951. See Appeal and Error, § 909; Constitutional Law, 149; Corporations, §§ 194, 429; Customs and Usages, § 12; Drains, §§ 14, 79; Eminent Domain, § 235; Grand Jury, § 42 Guaranty, 88 7, 21, 46; Insurance, § 353 Landlord and Tenant, § 172; Master and Servant, 252; Mortgages, 88 95, 414, 592; Municipal Corporations, § 821; Partnership, 64: Religious Societies, § 23; Taxation, 708; Vendor and Purchaser, § 231. § 11 (S.D.) The want of an additional affidavit within Pol. Code, § 1849, does not render a publisher's affidavit incompetent as evidence, unless filing or recording thereof is a prerequisite to its receipt in evidence.-State v. Pound, 150 N. W. 287. NUISANCE. See Intoxicating Liquors, §§ 264, 273. I. PRIVATE NUISANCES. (C) Abatement and Injunction. § 26 (Iowa) One who assisted a city to construct a dam, and thereafter purchased land thereby flooded, cannot elect to treat the dam as a nuisance and have it abated.-Irvine v. City of Oelwein, 150 N. W. 674. (D) Actions for Damages. III. RIGHTS, POWERS, DUTIES, AND §116 (Wis.) A ministerial officer is required to interpret a statute imposing a duty upon him at his peril.-Reichert v. Milwaukee County, 150 N. W. 401. OLEOMARGARINE. See Constitutional Law, § 46; Criminal Law, § 304; Food, § 8. OPENING STATEMENT. OPINION EVIDENCE. § 50 (Iowa) Where a permanent nuisance is See Trial, § 109. injurious only because of its use, or is a mere trespass, the owner can elect whether to sue for damages as a whole or for continuing damages to the time of the trial and the abatement of the nuisance.-Irvine v. City of Oelwein, 150 N. W. 674. OBJECTIONS. See Appeal and Error, §§ 185-236; Trial, § 83. OBLIGATION OF CONTRACTS. See Constitutional Law, §§ 119-149. OBSTRUCTIONS. See Waters and Water Courses, §§ 51-55. OFFICERS. See Criminal Law, §§ 452-489; Evidence, § 471-574. OPTIONS. See Husband and Wife, § 80; Insurance, § 130; ORDERS. See Appeal and Error, §§ 78, 91; Towns, § 61. ORDINANCES. See Municipal Corporations, §§ 108, 592. PARENT AND CHILD. See Adoption; Bastards; Divorce, §§ 299-312; See Clerks of Courts; Constitutional Law, § 306; Corporations, §§ 399-433; Counties, §§$ 202, 702; Elections, § 260; Injunction, §§ 74, 75, 85; Judges; Justices of the Peace; §4 (Mich.) A son held under no legal obligaLibel and Slander, § 80; Municipal Corpora- tion to support his indigent parent until an ortions, § 185; Notaries; Quo Warranto, $$ 34, der has been obtained against him in proceed49, 55; Receivers; Schools and School Dis-ings under Comp. Laws 1897, § 4487 et seq.tricts, §§ 62, 63; Sheriffs and Constables; Pinel v. Rapid Ry. System, 150 N. W. 897. States, 88 68, 75; Towns, § 38. I. APPOINTMENT, QUALIFICATION, AND TENURE. (B) Appointment. § 11 (Mich.) The health board of the city of Detroit is a state governmental agency, and its employés need not pass the examination required by the civil service act of the city.-Civil Service Commission of City of Detroit v. Engel, 150 N. W. 1081. (C) Eligibility and Qualification. § 27 (Wis.) Const. art. 13, 83, declaring a "defaulter" ineligible to office, does not include a defaulter who has repaid the money.-State v. Evenson, 150 N. W. 984. (F) Term of Office, Vacancies, and Holding Over. PAROL EVIDENCE. See Evidence, 88 387-444. PARTIES. See Account, § 16; Assignments, § 114; Interpleader; Jury, § 96; Vendor and Purchaser, § 279. III. NEW PARTIES AND CHANGE OF PARTIES. § 58 (Mich.) The granting or refusing of a right to amend the declaration by substituting Blair, 150 N. W. 134. a party defendant is discretionary.-Daly v. § 59 (Mich.) A declaration against the receivers of a railroad may be amended to substitute the company as defendant, where the § 49 (Wis.) St. 1913, c. 5, undisturbed by process was served upon an agent of the comLaws 1911, c. 328, inserted in the former chap-pany, and was sufficient to apprise him that ter at section 86, subsec. 1, does not authorize the cause of action was against the company, any change which would probably prevent of and not the receiver.-Daly v. Blair, 150 N. ficers elected at the November election from tak- W. 134. ing their offices on the first Monday in January. PARTITION. -State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. § 52 (Wis.) Under Const. art. 13, § 1, all constitutional officers elected at the November election in any year must take their respective offices on the first Monday in January of the succeeding year.-State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. (G) Resignation, Suspension, or Removal. § 72 (Wis.) Action by an administrative board without written charges against a person proceeded against held without jurisdiction and void-State v. Board of Police & Fire Com'rs of La Crosse, 150 N. W. 493, 896. See Wills, § 744. II. ACTIONS FOR PARTITION. (A) Right of Action and Defenses. §14 (Minn.) Under Gen. St. 1913, §§ 8028. 8041, a cotenant's right to compel partition is absolute, unless suspended or waived by agreement.-Hunt v. Meeker County Abstract & Loan Co., 150 N. W. 798. The right of a cotenant to compel partition is not suspended by an interest in, or a right to use, the property, which may be effective notwithstanding partition.-Id. § 22 (Minn.) An agreement between cotenants as to the use of the common property does not constitute a partition, unless it contem |