DAMAGES. See EMINENT DOMAIN. Not recoverable for breach of agreement by attorney to place accounts Measure of, for injury to property resulting from change of grade. For change of grade, do not include mere incidental expenses. (Iowa, Burden of proof is on defendant where he attempts to show damages Measure of, for non-performance of certain contract to grade street. Measure of, for breach of warranty. (Iowa, 133.) 543. DECISION. An unsound reason for correct decision no ground for reversal. (Iowa, DEED. See TAX DEED. Purchaser without knowledge of certain deed held a purchaser in good Trust, for charitable uses, discussed. (Mich. 437.) 207. Evidence insufficient to show delivery. (Mich. 514.) 284. Procured by a superior party occupying trust relation cancelled. (Iowa, Held to be for a good consideration. (Iowa, 229.) 661. Evidence held insufficient to show fraud and undue influence in pro- DEPOSITION. On behalf of one defendant rejected on application of co-defendant. DIVORCE. Court may provide for custody of children pending proceeding. (Iowa, Action for, cannot be tried de novo unless the record presents all the Claim to homestead must be asserted where alimony is made a lien DOMESTIC RELATIONS. See FAMILY. DOWER. Widow accepting provision in lieu of, cannot revoke her acceptance by Married woman may sue for fraudulent representation to procure re- Release of, will constitute a valuable consideration for conveyance. Statute of limitations commences to run against action to recover, when. How estimated. (Iowa, 160.) 570. EJECTMENT. Facts held sufficient to establish complainant's right to an injunction to EMBEZZLEMENT. Effect of conviction of, in certain proceedings for malicious prosecution. EMINENT DOMAIN. Measure of damages in condemnation proceedings, how determined. EMINENT DOMAIN-Continued. Damages for right of way of railroad through a farm, held not excessive. EQUITY. The rule that he who asks equity must do equity, applied. (Iowa, Will grant relief, though an action might have been had at law. (Iowa, Possession necessary to bill to quiet title. (Mich. 437.) 207. Practice in, where an administrator is the sole complainant. (Mich. A bill of review is proper after enrollment to correct decree. (Mich. ERROR. Purely technical error no ground for reversal of judgment. (Wis. Certain, held immaterial, and no ground for reversal of judgment. What will be considered on appeal. (Iowa, 47.) 457. Assignment of, held sufficiently specific. (Lowa, 67.) 477. (Iowa, 153.) 563. Certain errors held to be without prejudice. (lowa, 153.) 563. ESTATE OF DECEASED PERSON. Appeal from order of probate court allowing account against, held erro- Suit to recover personalty where there has been no administration. Interest on claim against, denied, when. (Mich. 396.) 166. Setting off distributive share of surviving husband or wife in homestead Effect of death of surviving husband or wife pending distribution. Petition held sufficient to warrant consideration of claim against. Construction of contract constituting claim against. (Mich. 625.) 931. Expert testimony to prove the signature of a written instrument. Comparison of handwriting must be with papers already in evidence. Papers cannot be admitted in evidence simply for the purpose of com- What is competent evidence to show value of land in controversy. Omission to take material evidence in proceeding under chapter 8, Laws Held not to authorize a vacation of verdict on the ground of excessive Declarations of vendor affecting title of fraudulent vendee not admissi- 149. Of custom as to notice of defective condition of goods sold, held proper In action for personal injuries, evidence of plaintiff's business held Confidential communications made to a physician are personal privi- Jurors are judges of the weight of evidence. (Mich. 403.) 173. Held sufficient to support findings. (Mich. 426.) 196. Certain evidence in an action of libel, held proper to defeat exemplary EVIDENCE-Continued. Of assertion of ownership in an action of replevin is admissible. (Mich. Of vicious habits of horse admissible, when, in action of warranty. Held insufficient to show delivery of deed. (Mich. 514.) 284. Competency of, as to value of certain wearing apparel. (Mich. 536.) Waiver of formal proof of, where offence was committed. (Minn. 201.) 345. Of fraudulent transfer of certain premises in an action of conversion, Of delivery, held insufficient. (Iowa, 37.) 431. Held insufficient to show a valid contract to convey. (Iowa, 44.) 454. Held, not sufficient to show possession of original owners of land at In action on note for intoxicating liquors illegally sold, an indictment As to the ordinance book of the city of Ottumwa held proper. (Iowa, 29. Improper evidence admitted without objection. (Iowa, 154.) 564. Of marriage, seizin and death in action for dower. (Iowa, 160.) 570. Held sufficient to warrant findings of the court. (Iowa, 203.) 635. Held insufficient to show fraud and undue influence in procuring deed. When, under section 3639, Code, a wife of party to transaction is a com- Insufficient to support contract for an annuity. (Iowa, 229.) 661. Of damage for property taken by railroad company. (Wis. 701.) 749. In action on an official bond the judgment against the principal is prima 35. Secondary evidence admitted without objection deemed sufficient. Possession of stolen goods is not prima facie evidence the possessor Given on a former trial, when not admissible. (Mich. 562.) 868. Privileged communications are a personal right, and may be waived. Expert testimony as to mental capacity considered. (Mich. 576.) 882. The ground of exception to charge of jury need not be stated. (Iowa, To review instructions to jury, must be taken. (Iowa, 318.) 792. EXECUTION. (Mich. 463.) 233. And levy on unauthorized transcript is invalid. Cannot issue to another county until after judgment is docketed therein. Certain property held subject to levy of. (Iowa, 327.) 801. EXECUTOR. Foreign, may sue on note payable to bearer in his own name. (Mich. EXEMPTION. Receiver will not be appointed for rents of the homestead. (Minn. 197.) Widower held to be head of family and entitled to exemption. (Iowa, Certain delivery wagon held exempt from execution. (lowa, 322.) 796. Services rendered by a member of the family voluntarily does not entitle Services rendered by member of, on behalf of the matters of such family, FEES. On appeal from justice. (Iowa, 334.) 808. If evidence is conflicting will not be disturbed. (Iowa, 333.) S07. In an action de bonis asportatis, held not sufficient. (Wis. 736.) 830. Certain salt well machinery held not to be. (Mich. 392.) 162. The character of, as part of the realty, is not changed, though described FORCIBLE ENTRY AND DETAINER. For holding over after foreclosure is not an action involving thet itle Restitution under chapter 84, Rev. St., cannot be had against a tenant FORECLOSURE. Demanding personal judgments only against assignee assuming debt. Improper notice of sale held fatal. (Wis. 633.) 365. Pro tanto defence to foreclosure proceeding must be pleaded. (Iowa, Of mortgage for an instalment exhausts the lien of the mortgage upon FORFEITURE. Vendor of certain property held not entitled to. (Mich. 419.) 189. Summons served in action where defendant has been induced to come FRAUDS, STATUTE OF. SEE STATUTE OF FRAUDS. FRAUDULENT CONVEYANCE. Certain conveyance, claimed to have been in consideration of marriage, Certain transfer held to be in fraud of creditors. (Mich. 621.) 927. In action for, defendant may recoup damages resulting to him from FRAUDULENT SALE. Question of, improperly taken from the jury. (Mich. 497.) 267. FRAUDULENT SALE-Continued. Great latitude of cross-examination allowed in-sufficiency of proof. GARNISHMENT. What necessary to authorize. (Iowa, 672.) 52. Surplus of chattels piedged, subject to. (Iowa, 672.) 52. Effect of garnishment of joint makers of a promissory note. (Mich. Claim due defendant and another jointly cannot be garnished. (Mich. Payment of money into court by garnishee. (Mich. 530.) 300. Jurisdiction of the proceeding of, in certain case, resting on execution. Proper judgment against a garnishee where he claims a lien on defend- Party has a right to have garnishee appear personally and submit to an GIFT. Delivery essential to validity of. (Iowa, 772.) 152. (Iowa, 772.) 152. Delivery essential to validity of. (Iowa, 37.) 431. Destruction of note held a valid gift, causa mortis. (Iowa, 100.) 510. 510. GRAND RAPIDS POLICE COURT. See COURTS. GROWING CROP. Sale of, must be in writing, acknowledged and recorded. 631. GUARANTY. (Lowa, 199.) By partner after dissolution, when binding. (lowa, 27.) 421. Relation of parent and child considered a guardianship, and relief HANDWRITING. Expert witnesses may compare signature with genuine signatures in HIGHWAY. In the village of Paw Paw, who has authority over. (Mich. 394.) 164. Proceeding to remove fence encroaching upon-suspension of 30 days' Record of opening proceedings held sufficient (Dak. 57.) 329. Resurvey of, can only be of highway already existing. (Lowa, 263.) 709. Where one commissioner reports adverse to the vacation of a highway, HOMESTEAD. Receiver for rents of, will not be appointed. (Minn. 197.) 341. A surviving husband or wife is entitled to occupy until his or her dis- HUSBAND AND WIFE. Wife is personally liable for a debt incurred for family expenses. (Iowa, The stock of wife is not liable for the debts of her husband. (Iowa, |