IDEM SONANS.

If names are, difference in spelling is immaterial. (Mich. 475.) 245.
INFANTS.

Security should be required for money paid out of court to general
guardians. (Mich. 489.) 259.

Joint note of, given in settlement of bastardy proceedings, is voidable
as to him. (Mich. 497.) 267.

Suit on completed contract of, must be brought in infant's name.
(Mich. 52.) 299.

INFORMATIONS.

Should be instituted in the circuit court. (Mich. 489.) 259.
INJUNCTION.

Order granting temporary, held not appealable. (Dak. 30.) 322.
Section 20, c. 31, Rev. St., authorizing the granting of temporary in-
junctions having the effect of writs of restitution, held valid.
(Dak. 50.) 322.

Premature motion to question collection of deficiency on foreclosure
judgment, dismissed. (Wis. 641) 373.

Petition held sufficient to authorize. (Iowa, 78.) 488.

Motion to vacate, held not to raise question as to sufficiency of affidavit.
(Iowa, 78.) 488.

Dissolution of an injunction as an adjudication of the parties' rights.
(Iowa, 299.) 743.

INSURANCE.

SEE INSURANCE, FIRE.

Stipulation in policy restricting powers of agent, held binding. (Dak.
41.) 313.

Provision in policy that house should not become vacant-vacation of
premises vitiates policy. (lowa, 90.) 500.

Dissenting opinion of Taylor, J., in Taylor v. Phanix Insurance Company.
(Wis. 684.) 584.

Failure to disclose encumbrances in application for, will avoid the pol-
icy. (Wis. 695.) 595.

Effect of transfer of title as to avoiding policy. (Wis. 695.) 595.
INSURANCE, FIRE. See INSURANCE.

Policy not vacated by additional insurance where the company's agent
is informed of such additional insurance. (Wis. 724.) 772.
Certain acts of agent of an insurance company considered as estoppel.
(Wis. 724.) 772.

Claim on proof of loss made in good faith for goods destroyed not cov-
ered by the policy, held not to vitiate policy. (Mich. 648.) 954.
INSURANCE, LIFE. See INSURANCE.

Certain policy construed. (Minn. 202.) 346.

Husband having a policy on his life payable to his own order, dying
without children, under section 1182, Code, the wife entitled to the
proceeds of such policy. (Iowa, 13.) 407.

INTEREST.

Presumption that verdict includes.
INTESTATE.

(Wis. 701.) 749.

Claim against estate of, for board and services rendered by a member of
the family, allowed. (Iowa, 254.) 686.

INTOXICATING LIQUOR.

Defendant liable in damages only for injuries to which he has contrib-
uted. (Iowa, 15.) 409.

Vendor of, is bound only to the exercise of good faith and due diligence
to see that the sale is lawful. (lowa, 104.) 514.

Note given on illegal sale of, is wholly void. (Iowa, 227.) 659.

Action on note given for, and open account, proper application of pay-
ments. (Iowa, 227.) 6.9.

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.
Where taken in the name of nominal party, a payment to the real owner
will operate to discharge. (Iowa, 669.) 49.

Held not supported by the evidence. (lowa, 692.) 72.
Execution and levy on unauthorized transcript of, is invalid

463.) 233.

(Mich.

On transcript, cannot be reviewed by bill in chancery. (Mich. 515.)
285.

(Minn. 201.) 345.
496.

Reversed for exclusion of cross-examination.
Held not to be against evidence. (Iowa, 86.)
No person not regularly before the court can be bound by the judgment.
(Mich. 653.) 959.

Proper judgment against garnishee claiming liens on defendant's prop-
erty in his hands. (Iowa, 108.) 51s.

JUDICIAL SALE.

Cannot be vacated unless purchaser has an opportunity to be heard.
(Mich 416.) 16.

Purchaser at, not necessary party to a bill to re-examine original pro-
ceedings. (Mich. 513.) 283.

Failure of sheriff to file return within the year of redemption. (Iowa,
128.) 538.

If debtor is credited with the amount bid at sale he cannot complain that
the money was not paid. (Iowa, 12.) 53s.

Decree ordering sale of buildings and lands as an entirety held errone-
ous. (Iowa, 137.) 547.

JURISDICTION.

Of appellate court, not restricted by rule 12. (Iowa, 776.) 156.

Where a regular summons is legally served the court acquires jurisdic-
tion. (Minn. 218.) 700.

JURY.

Failure to object to imperfect jury before retirement a waiver of the
irregularity. (Iowa, 154.) 564.

Officer in charge of, cannot be present at their deliberations. (Mich.
621.) 927.

JUSTICE OF THE PEACE.

Payee may direct application of payment to certain judgment. (Mich.
399.) 169.

Satisfaction of judgment by, not conclusive. (Mich. 399.) 169.

Entry of discharge of judgment in justice docket is not conclusive.
(Mich. 530.) 300.

Appeal from, in the city of St. Paul, must be to the district court.
(Minn. 199.) 343.

Fees on appeal rom.

(Iowa, 334.) SOS.

Place for transaction of judicial business and making process returna-
ble. (Minn. 239.) 591.

LAND GRANT.

Construction of grant to C. R. & M. R. Ry. Co. (Iowa, 312.) 786.
LANDLORD AND TENANT.

Landlord may assign lease and right to fature crops. (Iowa, 678.) 58.
Landlord's lien attaches for rent to become due in the future. (Iowa,
712.) 92.

Tenaut cannot bind property of third person by agreement with land-
lord. (Mich. 45.) 25.

Where the surrender of a portion of the premises does not impair the
value of the same, the la dlord may recover the entire rent. (Minn.

LEASE.

Acccepting the keys and leasing the property to another tenant, held
no surrender. (Iowa, 712.) 92.

Forfeiture for failure to comply with covenants. (Mich. 417.) 187.
What constitutes sufficient entry under, for failure to comply with
covenants. (Mich. 417.) 187.

Amount to be paid under an agreement to pay for improvements.
(Wis. 650.) 382.

Interest of landlord in, may be assigned. (Iowa, 135.) 545.

Parol, void under the statute of frauds, may be good as a lease from
year to year. (Wis. 706.) 754.

LEVY.

Should so identify the property as to make the same chargeable to the
officer if necessary. (Mich. 492.) 262.

Charge assuming the validity of certain levy held erroneous. (Mich.
492.) 262.

Description in, upon real estate, insufficient to charge public with con-
structive notice of such levy. (Mich. 523.) 293.

On crops raised on farm claimed to have been transferred in fraud of
creditors. (Minn. 207.) 351.

In an action to recover property levied upon, section 3058, Code, held
void and unconstitutional. (lowa, 340.) 814.

Upon property of third person in bulk with property of judgment
debtor, does not affect the title thereto. (Mich. 668.) 974.

LIBEL.

Certain evidence held proper to defeat exemplary damages. (Mich
446.) 216.

Certain matter held libelous. (Wis. 660.) 392.

Privileged communications do not extend to false statements mali-
ciously made. (Wis. 660.) 392.

LIEN. See ATTORNEY'S LIEN; MECHANIC'S LIEN.

Of landlord attaches for rent to become due in the future. (Iowa,
712.) 92.

Taking of mortgage for purchase money is a waiver of vendor's lien.
(Iowa, 136.) 546.

(Iowa, 137.)

547.
707.

Priority of certain liens determined.
Priority of certain liens determined. (lowa, 263.)
For work done, waived by unconditional delivery.
LIEN HOLDER.

(Wis. 699.) 599.

Right of redemption of, not affected by section 3102 of Code. (Iowa,
330.) 804.

LIMITATIONS.

Statute of, to recover premises under tax decd, not applicable to an
action to quiet title of owner of tax title in possession. (Iowa,
667.) 47.

Effect of payment by one of two joint obligors. (Mich. 413.) 183.
When commences to run against a covenant. (Mich. 502.) 272.
Extension of limitation provided by section 7158, C. L., applicable to
judgment, reversed on certiorari. (Mich. 518.) 288.

Commences to run against dower, when. (lowa, 160.) 570.

*

Held to have run against defence to tax deed. (Lowa, 172.) 604.
LETTERS OF ADMINISTRATION. See ADMINISTRATION.

LICENSE.

Only authorizes sale of liquors at place of business where licensed.
(Iowa, 104.) 514.

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.)
613.

Demurrer to relator's answer to return to an alternative writ, treate
as a demurrer to the relation. (Wis. 712.) 760.

Will not restore member of corporation found guilty of the offence
charged upon a fair trial. (Wis. 712.) 760.

MARRIED WOMEN.

Fraudulent representations to procure a release of dower. (Mich. 424.)
194.

May maintain action for damages therefor. (Mich. 421.) 194.
Failure to assert coverture as defence. (Mich. 515.) 285.
MASTER AND SERVANT.

Employe knowingly working with dangerous or defective machinery
deemed to have assumed the risks incident thereto. (Iowa, 663.) 43.
Master not liable for tort of servant without proof of the relation.
(Mich. 429.) 19.

When master not liable for negligence of co-servant. (Mich. 470.)

240.

Liability of master for injuries to servant resulting from failure to fur-
nish him with proper and safe appliances for the performance of
his duties. (Wis. 679.) 579.

MAYOR.

Power to act as magistrate does not entitle him to fees allowed a justice
of the peace. (Iowa, 701.) 81.

MECHANIC'S LIEN.

Owner protected, on payment to original contractor in good faith and
without notice, against lien of sub-contractor. (Iowa, 764.) 144.
What necessary to entitle the holder of, to redeem from prior encum-
brances. (Iowa, 61.) 471.

Mechanic's, held to attach to certain property. (Iowa, 137.) 547.
Draft drawn on fund secured by, is not an assignment of. (Iowa, 284.)
728.

Evidence held insufficient to show a contract for the transfer of. (Iowa,
284.) 728.

Use made of material may be shown by parol. (Iowa, 305.) 779.
Material men held entitled to lien for ties furnished, whether used or
not. (lowa, 305.)

779.

MERCANTILE AGENCY.

Liability of, under receipt for account for collection. (Wis. 656.) 388.
MISJOINDER.

Action cannot be dismissed for. (Iowa, 71.) 481.

MISTAKE.

To warrant reformation of a deed, on the ground of a mistake, the mis-
take must be shown to be both of husband and wife. (lowa, 244.)

676.
MORTGAGE.

When no personal judgment against mortgagor is allowable.
658.) 38.

(Iowa,

Second mortgagee may redeem from prior mortgage. (Mich. 434.) 204.
Duty of mortgagee making partial release as to subsequent purchasers.
(Mich. 465.) 235.

Lien, released by proper tender. (Mich. 517.) 287.

In foreclosure of, improper notice of sale held fatal. Minn. 633.) 365.
Assignee of mortgage, without consideration, held to have no rights he
can enforce. (Iowa, 109.) 519.

Mortgagee, permitting judgment to be entered and sale made to cover
an amount as attorney's fees greater than that paid, cannot recover
the excess. (Iowa, 153.) 563.

Certain charge as to payment of note and alteration of mortgage, held
incorrect. (Iowa, 258.) 690.

MORTGAGE-Continued.

Rights of mortgagee as purchaser at tax sale. (Iowa, 263.) 707.
Unfairly obtained by child from aged parents, set aside. (Mich. 537.)
843.

Construed to be one for payment, and not indemnity. (Mich. 570.) 876.
Held to be due on election, and foreclosure thereof authorized. (Mich.
570.) 876.

Foreclosure for instalment, destroys lien for balance of debt not in-
cluded in such foreclosure. (Mich. 612.) 918.

Sale of fixtures a part of the realty, though described in the mortgage
as personal property, held proper. (Mich. 615.) 921.

When mortgage given by heirs will take precedence of prior unrecorded
mortgage of ancestor. (Mich. 618.) 924.

Evidence held sufficient to sustain findings of insanity of mortgagor.
(Mich. 630.) 936.

Conveyance held valid as a mortgage to trustees, rather than an assign-
ment for the benefit of creditors. (Mich. 639.1 945.

Purchasers of mortgaged property take subject to the mortgage provis-
ions as to order of sale. (Mich. 655.) 961.

Land can be sold but once under the same mortgage, where the foreclos-
ure is by advertisement, for an instalment. (Minn. 234.) 986.
Where land is sold under a foreclosure for an instalment, the overplus
may be applied toward paying an instalment not yet due. (Minn.
234.) 986.

MOTION.

To strike out testimony which includes proper as well as improper evi-
dence should be denied. (Mich. 598.) 904,

MUNICIPAL CORPORATIONS.

Right of lot owner to recover damages for change of grade. (Wis.
591.) 3.

Where work of filling lot is done by owner under the belief of legality
of the proceedings, it will be presumed from his failure to appeal
that he assented to the assessment. (Wis. 591.) 3.

Measure of damages resulting from injury for change of grade. (Iowa,
743.) 123.
Cannot escape liability for injury done to property by change of grade
by annuling the assessment. (Iowa, 743.) 123.
Adoption of charter of, by a vote of electors. (Minn. 201.) 345.
Liability of, for defective street. (Minn. 205.)
Liability of, for the collection of an illegal tax.
Power of, to regulate right of railway company to occcupy the streets
of. (Iowa, 292.) 736.

NATIONAL BANK.

349.

(Iowa, 84.) 494.

May take mortgage to secure contemporaneous debt and future ad-
Vances. (Iowa, 137.) 547.

NEGLIGENCE. See CONTRIBUTORY NEGLIGENCE; CARRIERS.

Owners of unsafe mine not liable to one who is a mere visitor. (Iowa,
726.) 106.

Certain findings held not to establish. (Wis. 644.) 376.

NEGOTIABLE INSTRUMENTS. See CHECK; PROMISSORY NOTES;
BILLS OF EXCHANGE.

Certificate of deposit payable in currency, held negotiable. (Wis. 625.)
357.

Draft drawn without specifying time for payment is payable on demand
without grace. (Iowa, 207.) 639.

Liability of agent for failure to present draft for payment. (Iowa, 207.)
639.

Indorsement of a negotiable instrument is a warranty of the genuine-
ness of prior indorsements. (Mich. 543.) 849.