ADULTERY. In prosecution for, after a denial of guilt by the particeps criminis, this Title by, must be under claim of title to the land, and not merely to Must, to perfect title, be actual, clear, definite and hostile for full period. AGREED CASE. Submission on, no pleadings necessary. (Iowa, 52.) 662. (Mich. 450.) 250. Election to pay in land. Reference to set off. School taxes in, must be spread on city roll. (Mich. 551.) 857. Held proper, and no abuse of discretion. (Iowa, 61.) 471. Refusal to allow, held no abuse of discretion. (Iowa, 238.) 670. Allowable in cases appealed from justice. (Iowa, 279.) 723. Failure to object to allowance of, is a waiver of such objections. (Iowa, ANTE-NUPTIAL AGREEMENT. To convey lands must be in writing and signed. (Iowa, 684.) 64. From order of probate court allowing an account against a deceased per- Questions not raised in court below cannot be considered on appeal. Decision of court below, if correct, will not be reversed because an un- Application on, to deny execution of promissory note, denied. (Mich. Will not lie from disallowance of certain items in administrator's ac- From reference to set off land, dismissed for want of error. (Mich. Cannot be taken from an interlocutory order upon which no final judg- Service of notice and transmission of copy essential and cannot be Reversal upon grounds applicable to all defendants, should extend to From mayor's co urt in criminal case. (Iowa, 119.) 529. In divorce case the record must present all the evidence, or only error (Iowa, 203.) 635. Only questions raised in court below will be considered on appeal. (Iowa, 204.) 636. Order of district court directing judgment not appealable. (Minn. Order staying proceedings until payment of costs not appealable. (Wis. 731.) 825. Parties to an action for partition may appeal. (Wis. 737.) 831. General appearance discussed. (Wis. 669.) 439. On appeal in partition proceedings, effect of. (Wis. 733.) 831. ARBITRATION. Other than statutory, must be enforced by action. (Mich. 430.) 200. Rendered void by failure of assessors to exercise their judgment. (Wis. Work done, held an improvement for which an assessment was proper, ASSIGNMENTS FOR BENEFIT OF CREDITORS. Surety on bond of assignce must be freeholder. (Wis. 673.) 443. Chattel mortgage given on the day of assignment to prefer creditor, Not equally for the benefit of all creditors, is invalid. (Iowa, 114.) 524. Defective verification of a petition in attachment, is amendable. (lowa, Liability for wrongful suing out writ of. (Mich. 476.) 246. Plaintiff in, when not liable for officer's acts after order of restoration. Liability of surety on attachment bond where wrongfully sued out. Upon traverse of the affidavit in, defendant must move to vacate the Issue on traverse to attachment, when triable. (Wis. 722.) 770. Not good as against prior unrecorded deed. (Mich. 639.) 945. Having attached to judgment, cannot be destroyed by stipulation of ATTORNEY'S FEES. See PROMISSORY NOTES. BAILMENT. See GARNISHMENT. BASTARDY. Note given in settlement of, contains a sufficient consideration. (Mich. Need not be proved beyond reasonable doubt. (Mich. 534.) 304. Must be presented and allowed by the judge at the trial term in crimi- nal cases. (Wis. 602.) 14. Should contain all the evidence the party intends to move on. (Wis. General, to instructions insufficient. (Iowa, 769.) 149. (Mich. 535.) 305. Record must show it to have been properly settled. (Dak. 57.) 329. Waiver of refusal to give a fair bill. (Iowa, 722.) Operation of, as an assignment of debt due drawer. BOND. 102. Surety on injunction, may purchase the judgment. (Iowa, 1.) 395. (Iowa, 672.) 52. 667. Foreclosure of. Sale and redemption where service is made on a por- BOND TO CONVEY-Continued. Statutory and equitable redemption from a sale under, distinguished. BROKER. Notice to, of defective condition of goods sold good notice to his prin- BURGLARY. Certain evidence held proper in a prosecution for. (Mich. 535.) 305. CARRIERS. Prima facie negligence on the part of common carrier of passengers. CERTIFICATE OF DEPOSIT. See NEGOTIABLE INSTRUMENTS. CERTIORARI. Dismissed for unexplained laches. (Mich. 512.) 282. CHAMBER OF COMMERCE OF MILWAUKEE. Under its charter has power to confer upon a board of directors the CHANGE OF GRADE. Damages for, do not include mere incldental expenses. (Iowa, 148.) CHANGE OF VENUE. Application for, in mayor's court. (Iowa, 119.) 529. CHATTEL MORTGAGE. Renewal affidavit must be recorded to preserve lien. (Mich. 461.) 231. Given for greater sum than was actually due does not vitiate mort- Consideration of intent in giving question for the jury. (Wis. 604.) 16. On certain mill machinery, held to be a valid lien thereon. (Iowa, 137.) 547. Party purchasing property subject to, cannot afterwards deny its valid- Measure of mortgagee's right to recover for goods converted. (Mich. CHECK. Effect of want of payee therein. (Minn. 231.) 983. Extent of creditor's right to recover on refusal to sign, after agreement Title does not pass until conditions are complied with. (Mich. 407.) 177. CONTINUANCE. Motion for, when must be made. (Iowa, 243.) 673. Affidavit for, in criminal case, held sufficient. (Iowa, 17.) 411. An agreement not to practice law in a certain town is valid. (Iowa, For the payment of certain money, construed and found binding. Agreement by owner to replace certain machinery, void for want of consideration. (Mich. 392.) 162. In contract to convey, conditions to be performed by vendor held not On verbal agreement to convey land, held was sufficient part perform- CONTRACT-Continued. Replevin for logs cut under a stumpage contract. (Mich. 453.) 223. Certain, to sell and deliver ore, held to have been performed. (Mich. Liability of owner for work done on building destroyed before comple- To grade street and convey premises, measure of damages for failure to Evidence of contract to convey, held insufficient to show a valid con- Right of party to discontinue personal contract and form partnership. Evidence subsequent to consummation of, held incompetent. (Iowa, 67.) 477. Party to an agreement to do paving, including payment of royalty, held To provide for support of parents by a son, held to obligate him to CONTRACTOR. Agreement to pay for material furnished sub-contractor. (lowa, 337.) CONTRIBUTORY NEGLIGENCE. Certain acts held not to constitute. (Mich. 403.) 173. Where a passenger, by the negligence of the carrier, is placed in a posi- CONVERSION. Assignee of chattel mortgage liable as for conversion, when. (Mich. Direction of verdict for plaintiff in action for, held proper. (Minn. 207.) CORPORATION. Lands of, cannot escape taxation by failing to be certified under land Presumption of incorporation of religious corporation from use of Stockholders of, not liable as sureties on notes indorsed by others at The power of state courts over its own corporations stated. (Wis. 712.) Cannot fine a member in his absence and without notice. (Wis. 712.) Certain rules of a corporation held not to be unreasonable or an unlaw- The rule that one dealing with a corporation is estopped from denying To create a corporation under the general COSTS. laws the statutory require- What costs are taxable in an action in the form of partition. (Iowa. On appeal from judgment in favor of defendant in justice court to the COSTS-Continued. Proceedings may be stayed until the costs in a former appeal are paid. COUNTY. Liability of auditor for giving false certificate of receipt of moneys. Liability of, for medical attendance on pauper, includes watching, nurs- Failure of county treasurer to file new bond within 10 days after the COURTS. Superior court of Detroit has jurisdiction of action removed from Act continuing judge of Grand Rapids police court in office valid Jurisdiction of circuit court, is confined to the county for which it was Denial of motion for change of venue in mayor's court. (Iowa, 119.) 529. COVENANT. See LIMITATIONS. Failure to remove encumbrance chargeable to covenantor, action lies When statute of limitations commences to run against. (Mich. 502.) 272. CREDITOR'S BILL. Defective character of chapter 203, Comp. Laws, in regard to proceed- On trial of indictment for arson proof that defendant has committed Pregnancy must be proved beyond a reasonable doubt in the trial of an Where exceptions are not allowed the remedy is by writ of error. (Wis. Defendant entitled to examination before a proper officer before amena- 411. Counter-affidavits not admissible on a motion for a continuance. (Iowa, On indictment for assault, with murderous intent, defendant may be On verdict of guilty of assault, with intent to do great bodily injury, Evidence on which warrant is granted is sufficient to hold party arrested Possession of stolen property is not prima facie evidence the possessor CUSTOM. Decision in adjudged cases not proof of local custom. (Mich. 499.) 269. |