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lative of Const. U. S. Amend. 14, § 1, forbid

CONSTRUCTION. ding any state to deny to any person equal protectiin of the law.-Williams v. City of St. See Bonds, $ 50; Chattel Mortgages, $ 116; Paul, 142 N. W. 886.

Contracts, $g 170-221; Statutes, šs 181-231;

Street Railroads, $ 74. $ 249 (Mich.) Pub. Laws 1909, No. 307, permitting either party calling as a witness in his

CONTEMPT. behalf the opposite party, or one who is, or at the time of the happening or transaction out of See Depositions, & 83. which the suit grew was, an employé or agent of the opposite party, to cross-examine him as

CONTEST. if called by the opposite party, does not deny See Elections, &$ 293-305. the equal protection of the laws.—Maki v. Mohawk Mining Co., 142 N. W. 780.


§ 14 (Iowa) In an action against a railroad

company for wrongful death, it is not improper 8 251 (Wis.). “Due process of law" excludes to deny a continuance for surprise following interference with personal or property rights, ex

the amendment of plaintiff's petition, where the cept according to established rules of justice.- amendment stated no new cause of action, but Ekern v. McGovern, 142 N. W. 595.

merely specifically stated the nature of the Except as otherwise provided by constitutional crossing at which deceased_was killed.-Wilson statute, every person is entitled, before condem- v. Chicago, M. & St. P. Ry. Co., 142 N. W. nation, to a hearing after reasonable notice of 54. the charges against him and reasonable oppor 8 26 (Iowa) As the granting of a continuance tunity to defend himself, and is entitled to have for absence of witnesses is largely discretionary, the final determination grounded on evidence. it was not improper for the trial court to deny -Id.

a continuance asked on that ground, where, “Due process of law" means according to the though defendant's counsel knew of the assignlaw of the land; due process according to the ment of the case on Thursday, he did nothing principles of natural justice by the rules of the toward procuring the witness or her testimony common law, except as constitutionally changed until the following Monday, and failed to proby statute.-Id.

cure her attendance in time to testify.-Wilson

v. Chicago, M. & St. P. Ry. Co., 142 N. W. 54. $ 277 (Wis.) The right to an office is within the protection of the due process provisions of continuance for absent witnesses, the affidavit

$ 47 (Mich.) Where defendant asked for a the state and federal Constitutions.-Ekern v.

making out a prima facie case, the filing of a McGovern, 142 N. W. 595.

cross-affidavit that the absent witness was $ 287 (Neb.) An ordinance providing a fine plaintiff's husband, and that he could not be and imprisonment to enforce a license tax is examined as a witness against her, will not aunot violative of Const. art. 1, $ 3, providing thorize the denial of a continuance, it not apthat no person shall be deprived of life, liberty, pearing on what subject the witness would tesor property without due process of law.-- Nor- | tify, and Comp. Laws, 8 10213, containing ris v. City of Lincoln, 142 N. W. 114.

many exceptions which were not negatived.

Snyder v. Berrien Circuit Judge, 142 N. W. § 290 (Minn.) St. Paul City Charter, $ 23, as 767. amended in 1912, providing for the enforcement of local assessments, is not violative of Const.

CONTRACTS. Minn. art. 1, § 7, or Const. U. S. Amend. 14, 8 See Alteration of Instruments; Assignments; 1, though by the judgment therein provided for Attachment, s 366; Attorney_and Client, the land on which an installment is adjudged a 44; Bills and Notes, $ 369; Bonds; Breach fien becomes a city's property at the end of the of Marriage Promise; Bridges, 8820, 21; year without a sale; the owner having his day Brokers; Cancellation of Instruments; Carin court on application for judgment and hav riers, $$ 154, 159; Chattel Mortgages; Coming a right to redeem.-Williams v. City of St. promise and Settlement; Constitutional Law, Paul, 142 N. W. 886.

8$ 121-149; Corporations, &$ 76–88, 285, 407, $ 318 (Minn.) A rescaling of timber sold by

429, 432, 448, 579; Counties, $_113; Cove

nants; Customs and Usages; Damages, $$ the state, as provided by Laws 1895, c. 163, $ 27, without affording defendant an opportunity

23, 40; Deeds; Descent and Distribution,

82; Drains, 88 9, 29, 49; Electricity, § 142; to be heard before the rescalers, held not vio

Equity, $ 239; Escrows, 12; Evidence, 38 lative of the due process of law_provision of 397-465; Exchange of Property; Frauds, Const. U. S. Amend. 14.-State v. Brooks-Scan

Statute of; Gaming, $ 19; Highways, 95; lon Lumber Co., 142 N. W. 717.

Husband and Wife, $ 279; Injunction, $$ 59, 8318 (Wis.) Where the statute specifies no

62, 137; Insane Persons, $ 66; Insurance; proceeding for removing an officer for canse, the

Interpleader, 7; Joint Adventures; Judgdue process of law provision of the Constitution

ment, $ 736; Landlord and Tenant; Limitaguarantees the common-law method, which ac

tion of Actions, $8 105, 182; Logs and Logcords a hearing before condemnation.-Ekern

ging, $ 10; Mechanics' Liens; Mines and v. McGovern, 142 N. W. 595.

Minerals, $ 56; Money Received; Mortgages;

Municipal Corporations, SS 231-255, 340–371, Where the statute prescribes a proceeding for the removal of an officer for cause, such pro

663; Partnership, § 242; Payment; Physi

cians and Surgeons, $ 18: Pleading, $ 143; ceeding is the “due process of law' guaranteed

Principal and Agent, $ 103; Reformation of by the Constitution.-Id.

Instruments; Release ; Rewards; Sales ; The statutory right to remove an officer is

Schools and School Districts, $$ 81, 86; Spepresumptively to be exercised under the restric

cific Performance; States, $8 95, 102; Subtions of due process of law in the common-law rogation; Taxation, $ 107; Torts, $$ 12, 27, sense, unless the contrary expressly or by nec 28; Usury, $8 6–95 ; Vendor and Purchaser; essary implication appears to have been the leg Warehousemen; Waters and Water Courses, islative intent.-Id.

$ 230; Wills, $ 212. The power vested in the Governor under St. 1911, § 970, to remove an officer, is subject to

I. REQUISITES AND VALIDITY. the constitutional guaranty of "due process of

(D) Consideration. law,” requiring a hearing and determination ac $71 (Mich.) Mere forbearance to

press cording to the principles of natural justice.-Id. claim is not sufficient consideration for the

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER


promise of one who had accepted a conveyance, changed by a subsequent parol agreement withof land with an agreement to pay the grantor's out any new consideration.-Easton v. Snyder. debts, to pay a debt contracted subsequent to the Trimble Co., 142 N. W. 695. execution of the deed, where there was no promise to forbear, or grant of any favor on account

V. PERFORMANCE OR BREACH. of the promise to pay.-In re Rohrig, 142 N. W. $ 303 (Mich.) The refusal of complainant to 561.

carry out an oral agreement to apply the pro(E) Validity of Assent.

ceeds of a sale of his property towards the $ 99 (Neb.) Evidence, in an action to rescind a construction of a new house on his farm would contract for fraud in its procurement, held to not furnish a legal excuse for defendant's failsustain a verdict for plaintiff.-J. C. York & Co. ure to carry out a prior independent written v. Boomer, 142. N. W. 689.

contract to support complainant for life in con

sideration of his executed conveyance of the (F) Legality of Object and of Consider- farm.-Ebling v. Ebling, 142 N. W. 1066.

ation. $ 105 (S.D.) A contract which is expressly

VI. ACTIONS FOR BREACH. prohibited by law is unenforceable as a general $ 346 (Neb.) In a broker's action on a conrule.- Werbeck & Nicholson Co. v. State, 142 N. tract for a commission, he cannot recorer upon W. 817.

a quantum meruit without first amending his $ 116 (Iowa) A seller of a wagon and team petition.-Starbird v. J. H. McShane Timber cannot, by condition in the contract of sale, re- Co., 142 N. W. 683. quire the purchaser to use them solely in connection with the seller's business.-Elijah & Winne v. Mottinger, 112 N. W. 1038.

CONTRIBUTION. $ 138 (S.D.) Where one of the parties thereto $ 3 (Minn.) Where one of two persons jointly has performed in whole or in part a contract interested in a fund is required to sue to prewhich is expressly prohibited by law, he can

serve such fund, equity will compel all interest. not avoid the contract and recover reasonable ed to contribute to the cost in proportion to compensation.-Norbeck & Nicholson Co. v. their respective interests.-Hodgdon v. Peet, 142 State, 142 N. W. 817.

N. W. 808. The rule that where a contract is prohibited by law there can be no recovery does not apply CONTRIBUTORY NEGLIGENCE where the law provides for a recovery, or where the contract is not declared void, and does not See Negligence, 8870–101, 122, 136. relate to a penal matter.-Id. The person for whose benefit a contract is

CONVERSION. prohibited may waive the prohibition or by acts estop himself from asserting the invalidity, in See Trover and Conversion. which case the court will authorize a recovery $ 15 (Iowa) Land devised with directions to on quantum meruit, or quantum valebat, but sell and distribute the proceeds is to be treated this rule is not available when the contract is as personalty.-Blain v. Dean, 142 N. W. 418. in contravention of public policy.-Id. $ 139 (S.D.) The rule that where a contract

CONVEYANCES. is prohibited by law there can be no recovery does not apply where the parties are not in See Assignments; Assignments for Benefit of pari delicto.-Norbeck & Nicholson Co. v. State,

Creditors; Deeds; Fraudulent Conveyances; 142 N. W. 817.

Homestead, § 118; Mortgages; Public Lands,

8 136; Vendor and Purchaser. II. CONSTRUCTION AND OPERATION.

CORPORATIONS. (A) General Rules of Construction. See Abatement and Revival, $ 83; Banks and $ 170 (Neb.) The practical interpretation giv Banking; Carriers; Drains, $$ 2, 5, 13–15; en contracts by the parties thereto before any Insurance; Municipal Corporations; Partcontroversy has arisen will generally be en nership, § 213; Railroads; Sales, $ 23: forced.-Cady v. Travelers' Ins. Co., 142 N. W. Street Railroads; Taxation, $S 37114-391: 107.

Telegraphs and Telephones; Torts, *27.

28; Waters and Water Courses, $$ 183-230. (B) Parties. & 187 (Minn.) To authorize a stranger to a IV. CAPITAL, STOCK, AND DIVIcontract to sue thereon, it must appear that the

DENDS. promisor undertook to perform some duty due

(B) Subscription to Stock. from the promisee to such stranger, and the contract was made for his benefit.-Clark v. P.

$76 (Mich.) One who subscribes in the artiM, Ilennessey Const. Co., 142 N. W. 873. cles of association for shares of stock of the $ 187 (S.D.) Under Civ. Code, $ 1193, pro- subscription.-Campbell v. Raven, 142 N. W.

corporation is, as a general rule, bound by his viding that a contract made expressly for the

355. benefit of a third person may be enforced by him, a contractor cannot enforce a contract

$ 83 (Mich.) Where a person, who signed the

submade by a lumber dealer for his own benefit original articles of incorporation as with the owner of a house, which provided that scriber for stock, acted in the place of a third the contractor should be employed to make the person, and it was understood that he should repairs for which the lumber dealer advanced not be liable, and before the corporation was money.-Hollister v. Sweet, 142 N. W. 255.

authorized to do business he assigned the stork

and withdrew from the board of directors, and (E) Conditions.

subsequently substituted articles, signed by the

third person and those actually interested, were $ 221 (Minn.) A contract held not an absolute filed, he was not liable on the subscription.promise to pay money, but an agreement to pay Campbell v. Raven, 142 N. W. 355. out of the proceeds of a claim against the city only when such claim should be paid, and to ration which is a going concern is liable to the

$ 88 (N.D.) A purchaser of stock in a corp make the parties jointly interested in such claim.--Hodgdon v. Peet, 142 N. W. 808.

corporation for such part of the value of the

stock as has not been paid for in cash or its III. MODIFICATION AND MERGER.

equivalent.--German Mercantile Co. Wan

ner, 142 N. W. 463. $ 237 (Neb.) While executory and before a A note given a corporation in exchange for breach, the terms of a written contract may be its capital stock is a promise to pay for the

stock, and does not constitute payment therefor, (pany name, although they sold shares, where nor relieve the stockholder, or the party entitled they made no attempt to incorporate and asto the stock, from his obligation to make actual sumed no corporate functions.-Schumacher v. payment as provided by Rev. Codes 1905, 8 Sumner Telephone Co., 142 N. W. 1034. 4196.-Id.

8 229 (Minn.) The intent of the parties, or Rev. Codes 1905, § 4196, providing that no the absence of fraudulent intent, is immaterial note given by a stockholder "shall be consider- upon the question of stockholder's liability, uned" as payment, means that when a note is der Rev. Laws 1905, 8 3069, rendering corporate given it shall not in law effect a payment.-Id. stockholders liable to creditors to the extent of

withdrawals and refundments of amounts paid (C) Issue of Certificates.

for stock.-Preiss v. Zins, 142 N. W. 822. 8 99 (N.D.) A note for shares of capital stock

$ 268 (Minn.) The complaint in an action to is property, and not included in the prohibition enforce a stockholder's liability under Rev. Laws of Const. $ 138, forbidding a corporation from 1905, 8 3069, rendering corporate stockholders issuing stock except for money, labor, or prop- liable to creditors to the extent of refundments, erty actually received.-German Mercantile Co. held sufficiently to allege that plaintiff, the corv. Wanner, 142 N. W. 463.

poration's trustee in bankruptcy, was the repV. MEMBERS AND STOCKHOLDERS. time of the refundment complained of.–Preiss v.

resentative of creditors who were such at the (C) Suing or Defending on Behalf of Cor- Zins, 142 N. W. 822.

poration. $ 204 (Minn.) Where a corporation commences VI. OFFICERS AND AGENTS. an action to cancel stock issued by a corporate

(A) Election or Appointment, Qualificaofficer in fraud of the corporation and its stock

tion, and Tenure. holders, and thereafter collusively plans to dismiss it, the stockholders may intervene and con

$ 285 (Mich.) That the incorporators of a tinue the action.–National Power & Paper Co. manufacturing corporation agreed that one of

them should have charge of a department of v. Rossman, 142 N. W. 818. $22.

Where an action is brought by a corporation the business does not render invalid a subseto cancel certain fraudulent stock, stockholders quent oral agreement for the employment by cannot continue the action without becoming the corporation of such person to have charge parties to it; but after judgment of dismissal of that department at a specified salary and for they may procure a vacation of the judgment wheel & Windshield Co., 142 N. W. 742.

a specified period.-Galvin v. Detroit Steering and become parties.-Id. While directors may ordinarily control an ac

VII. CORPORATE POWERS AND tion by the corporation, and may dismiss it

LIABILITIES. without consulting the stockholders, yet such board has no right to dismiss the action through (B) Representation of Corporation by 08collusion with the defendant, and if it does so

ficers and Agents. the dismissal may be properly set aside at the $ 401 (Iowa) The fact that one person owns instance of stockholders.-Id.

the controlling interest in both corporations Where an action has been brought by a cor does not make a transfer of all the assets from poration to set aside a fraudulent issue of stock, one company to the other void per se, but it is and is collusively dismissed at the instance of a a circumstance requiring the court to scruticorporation's directors, stockholders are not nize the transaction carefully.-Beidenkopf v. obliged to resort to an independent action, but Des Moines Life Ins. Co., 112 N. W. 434. may avail themselves of the original action and 8 407 (Mich.) The president and general manthe preparation made for the trial thereof by ager of a corporation has authority to make a the corporation.-Id.

contract for the corporation for the employ$ 206 (Minn.) Stockholders may maintain an ment of one for a year at an annual salary to action against a corporate officer and those in perform specified services for the corporation. collusion with him to cancel stock acquired in -Galvin v. Detroit Steering Wheel & Windfraud of the corporation and its stockholders, shield Co., 142 N. W. 742. if the corporation refuses to sue.-National Pow 8 429 (Neb.) The manager of sales of a maner & Paper Co. v. Rossman, 142 N. W. 818, ufacturing corporation has power to contract 822.

for the selling of its wares, and persons conA stockholder of a corporation cannot ordi- tracting with such corporation are not bound to narily maintain an action to set aside a fraud- know of a by-law limiting the power of such ulent issue of stock until demand and refusal manager to make the customary contracts.by the corporation; but such demand and refus- Monarch Portland Cement Co. v. P. J. Creedon al are not required where it is manifest that & Sons, 142 N. W. 906. demand, if made, would be futile.-Id.

8 432 (Neb.) Evidence held to show a ratifica$ 207 (Iowa) A stockholder, who sues for him- tion of a written contract by a sales manager self and others similarly situated, to restrain a corporation.-Monarch Portlard Cement Co. an insurance company from disposing of its v. P. J. Creedon & Sons, 142 N. W. 906. assets and winding up its business, cannot claim to represent those whom he alleges were fraud

(D) Contracts and Indebtedness. ulently induced to part with their stock for $ 448 (Mich.) A corporation organized under inadequate consideration prior to the sale, and Public Acts 1903, No. 232, section 9 of which who are not themselves objecting: --Beidenkopf provides that before any corporation shall comv. Des Moines Life Ins. Co., 142 N. W. 434. mence business the president shall cause the

$ 212 (Minn.) In a suit by stockholders of a articles to be recorded, has authority to make corporation to cancel an alleged fraudulent issue

a binding contract of employment after the exeof the corporation's stock, evidence held to show cution of the articles of incorporation.-Galvin that at least one of the complaining stockholders

v. Detroit Steering Wheel & Windshield Co., was a stockholder at the time of the wrongdoing 142 N. W. 742. complained of.- National Power & Paper Co. v. Rossman, 142 N. W. 818, 822.

(F) Civil Actions.

$ 505 (Mich.) Under Comp. Laws, 8 10473, a (D) Liability for Corporate Debts and mistake in the name of defendant corporation Acts.

can only be raised by plea in abatement and, if $ 221 (Iowa) Code, $ 1616, relative to indi- not so pleaded, is waived.—Hoben v. Citizens' vidual liability of stockholders in corporations Telephone Co., 142 N. W. 1070. defectively organized, held not to apply to one $ 507 (Mich.) A return of service of summons or more persons doing business under a com held not to import that the summons was serv

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER

ed upon a certain person as agent of defendant this state, so as to prevent a corporation of corporation or that such person was defend- such sister state from maintaining an action in ant's agent.-Hoben v. Citizens' Telephone Co., this state, where the courts of the sister state 142 N. W. 1070.

have held that a default in the payment of the A jurisdictional defect in the service of sum- license tax does not of itself forfeit the corpormons upon the agent of defendant corporation ate charter.-Gulledge Bros. Lumber Co. v. was not aided by the statute of amendment Wenatchee Land Co., 142 N. W. 305. (Comp. Laws, SS 10272, 10273), since such de Though a corporation of a sister state, after fect "was against the right and justice of the its dissolution in such state, cannot maintain matter of the suit, and since the right of an action in this state, it will not be denied the amendment does not extend to matters of juris- right to sue in this state merely because it has diction.-Id.

failed to comply with a revenue statute of such iş 513 (Minn.) In a suit on a contract against | sister state, where no proceedings had been a corporation, plaintiff's failure to allege de taken in such state to enforce a dissolution fendant's corporate powers, so as to show au

for such default.-Id. thority to make the contract, is not ground for $ 685 (Minn.) In an action by a receiver of a demurrer.-Klemik v. Henricksen Jewelry Co., foreign corporation, who enforced a stockhold142 N. W. 871.

er's liability, the complaint, showing that plainA complaint against a Maine corporation on tiffs were duly authorized to sue upon claims contract held not demurrable for failure to al due the corporation, it not appearing therefrom lege that the laws of Maine authorized the cor- that domestic creditors would be prejudiced, poration to make the contract in question.-Id. was not subject to demurrer.-Stevens y. Tilden,

142 N. W. 315; Same v. Dore-Redpath Co., ld. IX. REINCORPORATION AND REOR- 316. GANIZATION.

The rule of comity permitting receivers of $ 579 (Mich.) Where defendants, who pur state is not affected by the fact that plaintiffs

foreign corporations to maintain actions in this chased plaintiff's business, after receiving notice not to continue using his name, dissolved were appointed by a federal court.-Id. the corporation, and organized a new one for the purpose of evading the obligations of the

CORROBORATION. contract, the dissolution will not discharge the i contract, and the unauthorized use of plaintiff's

See Criminal Law, $ 511. name will be enjoined.-George v. Rollins, 142 N. W. 337.


See Appeal and Error, $8 1151, 1189; MortXI. DISSOLUTION AND FORFEITURE gages, 8 581; New Trial, $ 161; Receivers, OF FRANCHISE.

8 189. $ 5921/2 (Iowa) The provisions of Code 1897, $ 1617, that a corporation may be dissolved by

III. PERSONS, PROPERTY, AND unanimous consent of its stockholders, or in

FUNDS LIABLE. accordance with its articles, are not so restric 8 96 (Minn.) In the absence of express stattive as those of Code 1873, $ 1066, that no cor ute to the contrary, public officials performning poration can be dissolved except by unanimous duties expressly imposed by law are not per consent of its stockholders, unless a different sonally liable for costs and disbursements in an rule has been adopted in the articles.-Beiden- action to which they are parties.-In re School kopf v. Des Moines Life Ins. Co., 142 N. W. Dists. Nos. 2, 3, and 4, in Nobles County, 142 434.

N. W. 928. $ 596 (S.D.) The placing by a corporation, organized for the purpose of maintaining a pub

V. AMOUNT, RATE, AND ITEMS. lic library in a city, of its books, etc., after § 189 (N.D.) Where a trial judge in equity closing its reading room in the city, in the appoints a stenographer to take and report the library of a technical school one mile from the testimony, it is proper to allow him the fees alpost office held not a maintenance of a public lowed by Rev. Code 1905, § 2608, and to tax library as contemplated by its charter.-State the same as costs and disbursements.-Investe v. Rapid City Library Ass'n, 142 N. W. 973. ors' Syndicate v. Pugh, 142 N. W. 919.

$ 597 (S.D.) Where a corporation was chartered for the purpose of maintaining a public

VII. ON APPEAL OR ERROR, AND library in a city, the leasing of part of its

ON NEW TRIAL OR MOTION building for shows, entertainments, and public

THEREFOR. meetings held not a misuse of its corporate § 222 (N.D.) Rev. Code 1905, $8 4156, 4457, powers.-State v. Rapid City Library Ass'n, authorizing the giving of surety company boods 142 N. W. 973.

on appeal and the taxing of costs therefor, are $ 602 (Iowa) The sale of the assets and wind- not unconstitutional.-Investors' Syndicate F. ing up the business of a corporation is not Pugh, 142 N. W. 919. equivalent to a dissolution.-Beidenkopf v. Des

$ 240 (Mich.) Where relator was appointed Nioines Life Ins. Co., 112 N. W. 434.

city attorney by the city council and the presi$ 613 (s.D.) Evidence, in a proceeding by the dent alone refused to sign salary orders, the state to annul the charter of defendant corpo- village clerk signing the same, costs upon the ration, held not to sustain a finding by the court appeal by the clerk and the president from a that the corporation was exercising its fran- judgment awarding a writ of mandamus to com chises.-State v. Rapid City Library Ass’n, 142 | pel payment of relator's salary will be assessed N. W. 973.

against the president alone.--Gansser v. Van

der Veen, 142 N. W. 744. XII, FOREIGN CORPORATIONS.

§ 251 (N.D.) Though the giving of surety $ 642 (Wis.) A sale by a foreign corporation of company bonds on appeal is authorized by Rev. an outfit, consisting of several parts, to be ship-Code 1905, $$ 4456, 4457, and the costs may be ped into the state by the seller and installed by included in the taxable costs and disbursements, him, is not affected by St. 1911, $ 1770b, provide the amount cannot exceed 1 per cent. of the ing that no foreign corporation shall do business liability, no matter how much was necessary to until it has obtained a license.-S. F. Bowser & be paid for such bonds.-Investors' Syndicate i. Co. v. Savidusky, 142 N. W. 182.

Pugh, 142 N. W. 919. $ 661 (Minn.) A statute of a sister state, pro $ 254 (N.D.) An allowance for disbursements vided that corporations shall not be permitted in making a transcript is made under Rev. Code to sue where they are in default in the payment 1905, § 7177, as taxable disbursements, and is of annual license taxes, will not be enforced in not covered by section 7174, which relates to

statutory costs, and not to disbursements.-In-, termined by contract or statute.-Hoyt v. vestors' Syndicate v. Pugh, 142 N. W. 919. Hughes County, 142 N. W. 471.

An allowance of $534.50 for printing briefs 8 206 (S.D.) In particular cases, boards of and abstracts is not unreasonable, where of the county commissioners are invested with dis1,032 pages 800 are devoted to a reproduction of cretionary powers of investigating facts and the pleadings, direct testimony, cross-examina- acting with reference thereto, which powers tion, and exhibits of the counplaining party, they exercise in a quasi judicial manner, and though the court on appeal decided the case on in such case their action can only be reviewed plea of res judicata, but the trial court did on appeal in the legal manner; and, if no methnot, and therefore all the issues in the proceed-od of appeal is provided, their action is final, ings, were raised de novo on appeal.-Id.

and not reviewable by the court in a direct ac$ 256 (Iowa) Where appellee filed amend- tion.-Hoyt v. Hughes County, 142 N. W. 471. ments to the abstract consisting of 38 pages, Since, under Pol. Code, $ 252, providing that and everything material therein could have been the superintendent of the county board of health presented in 10 pages, the cost for the addi- shall receive a certain mileage, and such other tional 28 pages will be taxed against the appel- sum as the board of county commissioners may lee, though he is successful.-Carpenter v. Mod- allow, the board of commissioners should allow ern Woodmen of America, 142 N. W. 411. him compensation for services after they are

$ 260 (S.D.) Where an appeal was not frivo- rendered, if it did not fix any compensation lous, the counsel preparing it was not actuated which could form the basis of an independent by any purpose of delay, and respondent did action against the county, the superintendent not ask in his brief for damages for delay, the cannot maintain a direct action against it for Supreme Court will not award them because of such compensation, but must appeal from the a threat by the defeated party before judgment action of the board in disallowing his claim. that he would defeat the successful party by an

-Id. appeal and because appellant's counsel by fail

COURTS. ing to place the case on the calendar of a term of the court delayed the determination for about See Abatement and Revival, $ 83; Appeal and two months.-Brewster V. Miller, 142 N. W.

Error, 88 757, 773, 782; Appearance; Con467.

stitutional Law, $ 73; Criminal Law, 1017; 8 262 (S.D.) The Supreme Court, on applica Dismissal and Nonsuit, 8 43; Executors and tion for 10 per cent. damages for delay by the Administrators, § 337; Garnishment, $ 104; appeal, cannot consider verbal stipulations and Intoxicating Liquors, $$ 37, 273, 278; Judgunderstandings between counsel.-Brewster V. es; Judgment, $$ 135, 419, 464; Justices of Miller, 142 N. W. 467.

the Peace; Mandamus, § 16; Notice, g 10;

Officers, $ 82; Schools and School Districts, COUNCIL.

8 39; Trial, $8 384-404; Venue, $ 22. See Municipal Corporations, 88 120, 131, 205. I. NATURE, EXTENT, AND EXERCISE


88 (Minn.) Whether a statute is penal in an

international sense, so that it cannot be enSee Forgery.

forced in the courts of another state, depends

upon whether its purpose is to punish an ofCOUNTIES.

fense against the public justice of the state, or See Adoption, $ 10; Bridges, 8% 21, 43-46; by the wrongful act.-Gulledge Bros. Lumber

to afford a private remedy to a person injured Constitutional Law, 88 103, 121; Courts, Co. v. Wenatchee Land Co., 142 N. W. 305. SS 205, 206; Drains, g 2; Highways, $8 30, 95,

$ 21 (Iowa) Where a defendant does not ap

pear in a proceeding, the jurisdiction of the II. GOVERNMENT AND OFFICERS. person is to be shown by proof of service of a

notice sufficient to satisfy the statutory and (C) County Board.

constitutional requirements.-Blain V. Dean, $ 47 (Neb.) County commissioners have not 142 N. W. 418. only the powers expressly conferred by statute $ 35 (Iowa) To support a judgment in apbut such powers as

are requisite to enable parent due form entered by a court of record, it them to discharge their official duties.-Ember- is presumed that there was sufficient notice to or son v. Adams County, 142 N. W. 294.

appearance by the defendant, but the presump

tion is not conclusive.--Blain v. Dean, 142 N. III. PROPERTY, CONTRACTS, AND

W. 418.

$ 40 (Wis.) Where, though the trial court has (B) Contracts.

jurisdiction to act, it is its duty not to do so, 8113 (Neb.) The county commissioners have out of deference to some other branch of the power to employ clerical assistance to the coun- government, the wrong in acting so approaches ty attorney necessary to enable that officer to jurisdictional error that it may be attacked at perform his duties.--Emberson v. Adams Coun any time while the order or judgment could be ty, 142 N. W. 294.

so attacked for judicial error.-State v. Dulutb

St. Ry. Co., 142 N. W. 184. (D) Torts. § 141 (S.D.) Counties are public or state

II. ESTABLISHMENT, ORGANIZAagencies, and are not liable for damages caused

TION, AND PROCEDURE IN by omission to perform a duty, unless the cause

GENERAL. of action is expressly given by statute.-- Plumb- (A) Creation and Constitution, and Court ing Supply Co. v. Board of Education of Independent School Dist. of City of Canton, 142 N. $ 57 (S.D.) Under Laws 1313, c. 178, § 6, W. 1131.

providing that, if no mode is provided for the

settlement of the record, it shall be settled and V. CLAIMS AGAINST COUNTY.

certified in such manner as the Supreme Court $ 204 (S.D.) A board of county commission- may direct, the trial court must, on the death of ers, in the rejection and allowance of clains and the official stenographer, appoint some compebills against the county, usually acts in an tent stenographer as the official reporter, who, executive or ministerial capacity without any after qualifying, shall prepare the transcript discretionary power in determining the right to and bill of exceptions.--Ilenry v. Meade Counor amount of the claim which is usually de-Ity Bank of Sturgis, 142 N. W. 1130.

For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (3) NUMBER


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