FINDINGS, FORMS OF ACTION. Review on appeal or writ of error, see "Ap- See "Action." § 2; "Assumpsit, Action of"; peal and Error," § 24. "Ejectment"; "Replevin"; "Trover and ConSpecial findings by jury, see "Trial," § 6. FIXTURES. Machinery which may or may not become attached to the freehold will retain character of personalty under contract between vendor and vendee to that effect.-Arlington Mill & Elevator Co. v. Yates (Neb.) 677. Where engine is purchased for flouring mill, and chattel mortgage given to secure price, the engine will be regarded as personalty, where rights of innocent third parties are not prejudiced.-Edwards & Bradford Lumber Co. v. Rank (Neb.) 765. FOLLOWING TRUST PROPERTY. See "Trusts," § 2. FOOD. In a prosecution under Pub. Acts 1897, No. 71, for selling an improper standard of vinegar, the prosecution need not furnish accused with a sample of the vinegar in question.-People v. Worden Grocer Co. (Mich.) 315. even Pub. Acts 1897, No. 71, is violated by a sale of vinegar of an improper standard though the seller did not know that it was not of the required standard.-People v. Worden Grocer Co. (Mich.) 315. The question whether Pub. Acts 1897, No. 71, is void, because unreasonable, is not one of fact to be determined from evidence.-People v. Worden Grocer Co. (Mich.) 315. Under Pub. Acts 1897, No. 71, §§ 1, 2, cider vinegar is required to have a stated per cent. of ash or pure mineral matter, the product of apples, as well as a stated per cent. of vinegar solids of apple.-People v. Worden Grocer Co. (Mich.) 315. FORECLOSURE. Of lien, see "Mechanics' Liens," § 4. version." See Assignments for Benefit of Creditors." Actions. Party alleging fraud must establish it by clear and satisfactory evidence.-Hampton v. Webster (Neb.) 50. Statements by defendant to commercial agencies and their reports held admissible where relied on by plaintiff in making the loan.-National Bank of Merrill v. Illinois & W. Lumber Co. (Wis.) 185. On an issue of the truth of a statement that a corporation was making money in 1895 and 1896, a voluntary assignment in 1897 held admissible.-National Bank of Merrill v. Illinois & W. Lumber Co. (Wis.) 185. FRAUDS, STATUTE OF. 1. Promises to answer for debt of an other. Agreement for novation held not within statute.-Martin v. Curtis (Mich.) 690. Promise to pay debt of another cannot be Fisher v. Donovan (Neb.) 778. enforced unless in writing signed by the party. § 2. Sales of goods. Evidence held sufficient to sustain a finding of delivery after sale sufficient to satisfy the statute of frauds.-Ward v. Ward (Minn.) 965. An oral agreement for the sale of goods equaling $50 in value is not validated by a mere delivery of the goods. They must be accepted as well.-Dinnie v. Johnson (N. D.) 612. Evidence held not to show an acceptance of the goods.-Dinnie v. Johnson (N. D.) 612. FRAUDULENT CONVEYANCES. By insolvent, see "Insolvency," § 2. § 1. Transfers and transactions invalid. Where conveyance from husband to wife is not made to hinder or defraud subsequent creditors, it will not be set aside in favor of Of mortgage, see "Chattel Mortgages," § 8; such creditors although made without adequate "Mortgages," § 8. consideration.-King v. Wells (Iowa) 338. Transaction between husband and wife examined, and held not fraudulent.-Everist v. Pierce (Iowa) 508. A payment by insolvent debtor of claim of one of his creditors is not void as to others, where it is not part of general assignment.First Nat. Bank v. Garretson (Iowa) 856; Beloit State Bank v. Same, Id.; North Granville Nat. Bank v. Same, Id. One purchasing mortgaged property from assignee in insolvency cannot avoid mortgage as fraudulent to insolvent's creditors.-Olson v. Hanson (Minn.) 231. free from fraud, are valid, except in insolvency. Preferential mortgages given by insolvent, if -Dyson v. Johnson (Minn.) 236. Verdict that a sale of personalty was made Evidence held to sustain finding that property with intent to defraud creditors, to the knowl- taken by garnishment was that of defendant. edge of the purchaser, held sustained by the evi--Peterson v. Herber (Minn.) 418. dence.-Benson v. Nash (Minn.) 991. To show want of good faith in purchaser of personalty, it may be shown that he did not search the record as to title, and that at time of purchase there was a chattel mortgage on the property, of which he claimed to have no knowledge.-Benson v. Nash (Minn.) 991. A creditor fairly collecting a debt justly due can dispose of the proceeds as he sees fit, without making himself trustee in his own wrong for other creditors.-Solomon v. C. M. Schneider & Co. (Neb.) 65. Rev. St. 1878, § 2320, avoids every fraudulent conveyance, whether made to hinder existing or subsequent creditors.-Zimmerman v. Bannon (Wis.) 735. A conveyance made in fraud of creditors, with the grantee's knowledge, is none the less void because given to secure a valid debt.Zimmerman v. Bannon (Wis.) 735. Facts held sufficient to show that a mortgage was given with intent to hinder and delay the mortgagor's creditors, and was therefore void.Zimmerman v. Bannon (Wis.) 735. § 2. Remedies of creditors. Petition to set aside mortgage as fraudulent should show the debtor's property is not sufficient above the mortgage to pay his debts.-Hill v. Denneny (Iowa) 472. Evidence held not to show that conveyance from debtor to creditor of company was fraudulent.-First Nat. Bank v. Garretson (Iowa) 856; Beloit State Bank v. Same, Id.; North Granville Nat. Bank v. Same, Id. Parol evidence held admissible to prove oral waiver of performance of contract to sell land by extending time of payment.-Scheerschmidt v. Smith (Minn.) 34. Gift of property used in going concern, where donor continues in possession, cannot be challenged by one who has not parted with property on the faith of appearance of ownership, or prejudiced except by incurring costs in action. Frei v. McMurdo (Wis.) 915. FREIGHT. See "Carriers," § 1. GAMING. § 1. Gambling contracts and transac tions. A party to a wager held not entitled to recover where he had not revoked the transaction and notified the stakeholder before payment of the money.-Trenery v. Goudie (Iowa) 467. § 2. Criminal responsibility. Complaint held to sufficiently charge defendants with keeping a gambling house, contrary to city ordinance.-State v. Grimes (Minn.) 4. Evidence held to sustain conviction for keeping a gambling house. - State V. Grimes (Minn.) 4. Where defendant was indicted for keeping gaming tables, he cannot be convicted on evidence that he aided and abetted another in so doing.-Oerter v. State (Neb.) 367. § 2. Proceedings to procure. Any number of parties may be included as garnishees in the same summons.-Northwestern Fuel Co. v. Kofod (Minn.) 206. Summons held to sufficiently designate the court or officer before whom it was returnable. -Northwestern Fuel Co. v. Kofod (Minn.) 206. § 3. Lien of garnishment and liability of garnishee. Where plaintiff elects to take money judgment against garnishee, it discharges the property from equitable lien.-Maxwell v. Bank of New Richmond (Wis.) 149. A reversal on appeal of a judgment discharging garnishee does not revive equitable lien of garnishment, or entitle plaintiff to judgment against garnishee.-Maxwell v. Bank of New Richmond (Wis.) 149. § 4. Proceedings to support or enforce. Garnishee held not bound by its first disclosure. Dunn v. Swan (Mich.) 6. Disclosure of garnishee may be amended after submission of issues, but before judgment, to show claim by mortgagee, so as to permit intervention.-Dunn v. Swan (Mich.) 6. Judgment in favor of garnishee extinguishes lien, and protects garnishee and those dealing with him pending appeal.-Maxwell v. Bank of New Richmond (Wis.) 149. § 5. Claims by third persons. A court held, under 2 How. Ann. St. § 8085, to have properly made an order in a garnishee proceeding interpleading defendant and another, as co-partners, and framed an issue between plaintiff and garnishee.-Marx v. Grove (Mich.) 449. An order made under 2 How. Ann. St. § 8085, on plaintiff's ex parte application to interplead a party claiming a fund in the garnishee's possession, held not void if irregular, and not subject to vacation, except for a meritorious reason.-Marx v. Grove (Mich.) 449. Where evidence at disclosure shows a third party had asserted ownership, held proper to proceed, under Gen. St. 1894, § 5318, to compel claimant to appear and maintain his rights. -King v. Carroll-Porter Boiler & Tank Co. (Minn.) 409. Plaintiff in garnishment held entitled to personal judgment against garnishee, or injunction to restrain him from parting with the property, and a right to follow the property as against purchasers from garnishee with notice.-Maxwell v. Bank of New Richmond (Wis.) 149. § 6. Operation and effect of garnish ment. Service of process creates equitable lien on property of defendant in hands of garnishee as against purchaser from garnishee with notice. -Maxwell v. Bank of New Richmond (Wis.) 149. GIFTS. 1. Causa mortis. Evidence held to show no such delivery at the time of the donation as to constitute a gift causa mortis.-Allen v. Allen (Minn.) 567. GOOD FAITH. Of purchaser, see "Bills and Notes," § 4; "Vendor and Purchaser," § 3. GRAND JURY. Action of grand jury in bringing accused before it held not error, he being fully apprised of his right to retire, and that he need not make a statement.-State v. Trauger (Iowa) 336. GRANTS. Of public lands, see "Public Lands." GUARANTY. See, also, "Principal and Surety." § 1. Requisites and validity. The surrender of a guaranty securing exist- In civil actions, see "Evidence," § 9. ing loans held a consideration for a new guaranty covering the same and future loans.Home Sav. Bank v. Hosie (Mich.) 625. Extension of time to principal debtor held sufficient consideration to support guaranty by stranger.-Faulkner v. Gilbert (Neb.) 1072. § 2. Construction and operation. HEIRS. See "Descent and Distribution." § 1. HIGHWAYS. A contract of guaranty held to be a continuing Accidents at railroad crossings, see "Railroads," one, not affected by the death of a co-obligor. -Home Sav. Bank v. Hosie (Mich.) 625. One who purchased a note in ignorance of a general guaranty of payment is not deprived of its benefit merely because of such ignorance. -Tidioute Sav. Bank v. Libbey (Wis.) 182; First Nat. Bank v. Same, Id. A guaranty held general, and not special, so as to inure to the benefit of an assignee of the guarantee.-Tidioute Sav. Bank v. Libbey (Wis.) 182; First Nat. Bank v. Same, Id. 3. Discharge of guarantor. A payee of a note secured by a chattel mortgage is not bound to protect guarantors from loss by resorting to the mortgaged property, which never was placed in his custody.-Blanding v. Wilsey (Iowa) 508. Facts held to show such failure to enforce legal remedies against maker of note as to re lease guarantors.-Getty v. Schantz (Wis.) 191. GUARDIAN AND WARD. § 1. Establishment, alteration, and discontinuance. A road between two townships used and jointy maintained for 10 years, and considered by both as a town-line road, must be so considered. -Bigelow v. Brooks (Mich.) 810. A town-line road between two townships, used and recognized as such for 10 years, cannot be discontinued except by the act of both towns.Bigelow v. Brooks (Mich.) 810. Verdict as to amount of damages sustained evidence. - Anderson v. Board of Sup'rs of in laying out a highway held justified by the Town of Decoria (Minn.) 229. Evidence held to show that an owner of a farm over which a highway was laid out had, by appearance, waived failure to serve notice of hearing.-Anderson v. Board of Sup'rs of Town of Decoria (Minn.) 229. §§ 2, 3. Taxes, assessments, and work on highways. County officers held liable to repay money junction. Webster v. Douglas County (Wis.) 885. Proceedings for appointment of guardian for in- fraudulently paid out in anticipation of an incompetent person, see "Spendthrifts." § 1. Sales and conveyances under order of court. A guardian selling the ward's right to enter a soldier's additional homestead, given by Rev. St. U. S. § 2306, may insert in the assignment a power of attorney to make the entry, leaving the name of the attorney blank.-Pardoe v. Merritt (Minn.) 552. The right to enter a soldier's additional homestead, given by Rev. St. U. S. § 2306, is personal property, and hence may be sold by a general statutory guardian without an order of court appointing him.-Pardoe v. Merritt (Minn.) 552. HABEAS CORPUS. 1. Jurisdiction, proceedings, and relief. Under Rev. Codes, § 8651, as amended by Sess. Laws 1897, c. 85, a petitioner for habeas corpus, who has been remanded, can apply to the supreme court for the writ.-Carruth v. Taylor (N. D.) 617. Good practice requires that the state should be made a party in entitling the papers.-Carruth v. Taylor (N. D.) 617. Procedure under the habeas corpus act is not governed by that regulating special proceedings enumerated under Code Civ. Proc. c. 39.-Carruth v. Taylor (N. D.) 617. The circuit court cannot review a decision of the municipal court having jurisdiction, overruling a legislator's plea of privilege from ar Rev. St. 1878, § 1308, limits expenditures for roads to $8,000 per year, which amount must have been first raised by taxation.-Webster v. Douglas County (Wis.) 885. work held to permit only the making of necesA modification of an injunction against road sary repairs in order to make roads safe for travel.-Webster v. Douglas County (Wis.) 885. 8 4. Regulation and use for travel. A defect having existed from original preparation of highway for public use, the town was bound to know thereof.-Boltz v. Town of Sullivan (Wis.) 870. Accidental deviation from traveled way, causing wheel to run outside track for a few inches, and reach an obstruction, does not excuse the municipality.-Boltz v. Town of Sullivan (Wis.) 870. Where town officers knew, or with due diligence could have known, of defect near traveled track, the town is liable to traveler injured while exercising due care.-Boltz v. Town of Sullivan (Wis.) 870. A defect not being so far outside the traveled track that traveler would have to leave the track to reach it, it was not, as a matter of law, too far to render highway actionably defective.-Boltz v. Town of Sullivan (Wis.) 870. Special findings held not so inconsistent as to justify court in returning verdict to jury.Stricker v. Town of Reedsburg (Wis.) 897. Evidence as to where fences along highway by user would come, if continued to point in con (Iowa) 498. Evidence held to sustain a finding that tract of land claimed as homestead is urban in its character, and within platted portion of city. Mead v. Marsh (Minn.) 138. Where a debt is for materials furnished in erecting a building on a homestead, the creditor can, under ordinary money judgment, sell the property on execution.-Nickerson v. Crawford (Minn.) 292. An executory contract for the sale of real estate may be enforced as security for payment of the price, though not signed by the wife of the purchaser, and the property was bought for, and immediately occupied as, a homestead.Jackson v. Phillips (Neb.) 683. § 2. Rights of surviving husband, wife, children, or heirs. Gen. St. 1894, § 4470, relating to descent of homesteads, refers only to cases where testator leaves a surviving spouse at the time of his or her death.-Penstock v. Hewitt's Estate (Minn.) 420. vey § 1. Conveyances and contracts to conEvidence held to show that a husband acted as his wife's agent in selling land to which she had the record title.-Hirsch v. Schlenker (S. D.) 106. 2. Wife's separate estate. That notes transferred by wife as her separate property in payment of land had been made payable to her husband for convenience will not give husband's creditor a claim against land.-King v. Wells (Iowa) 338. Where a wife paid for property largely with her own labor, the fact that the husband contributed his labor towards purchase will not give his subsequent creditors a claim against property.-King v. Wells (Iowa) 338. Where real estate of married woman was sold on execution, and there was no redemption, and she died, leaving a husband, the third interest descended to the husband subject to the payment of such debts of the wife as were not paid from the personal estate as provided by Gen. St. 1894, § 4471.-Dayton's Estate v. Johnson (Minn.) 421. In action to foreclose homestead mortgage, finding that wife's signature was obtained by fraud of her husband, and that agent of plaintiff mortgagee was a party thereto, held unsupported by the evidence.-First Nat. Bank of Brainerd v. Flynn (Minn.) 961. Where testator had a statutory homestead, and his surviving wife, for whom his will pro- husband, and to prevent the creditor from enA pledge by a wife to secure a debt of the vided, lived for two years after the six months forcing immediate payment, will not, of itself, fixed in Gen. St. 1894, § 4472, for the widow to entitle the creditor to hold the property as seelect, without exercising her option, the sur-curity for further advances.-First Nat. Bank viving children have no interest in homestead devised to another.-In re Jones' Estate (Minn.) 551; Jones v. Jones, Id. § 3. Forfeiture. A wife's right to a homestead is not defeated by the husband's abandoning her.-Morrill v. Skinner (Neb.) 375. § 1. Assault with intent to kill. "Malice" means any willful or corrupt intention of mind.-McVey v. State (Neb.) 1111. § 2. Indictment and information. v. Goodman (Neb.) 756. A widow does not become personally liable on note of her deceased husband by making voluntary partial payment.-Fellers v. Penrod (Neb.) 1085. 3. Abandonment. It is no defense to a prosecution for nonsupport of a wife that the husband left her to serve his father, hoping to thereby succeed to his father's home on the latter's death.-People v. Malsch (Mich.) 638. 1 How. Ann. St. § 1985, held not to require a complaint for nonsupport of a wife to allege that she became a public burden.-People v. Malsch (Mich.) 638. ILLEGITIMATE CHILDREN. See "Bastards." Information held to charge both an assault and IMPAIRING OBLIGATION OF CONshooting to have been done with a pistol loaded as described.-McVey v. State (Neb.) 1111. 3. Evidence. On an issue whether accused was concerned in a prior attempt to murder deceased, evidence that she expected an accident to happen to him held proper.-State v. Smith (Iowa) 499. TRACT. See "Constitutional Law," § 5. IMPANELING JURY. See "Jury," § 4. Subjects of protection and relief. An injunction will lie to restrain a combination of persons from boycotting complainant's business.-Beck v. Railway Teamsters' Protective Union (Mich.) 13. A decree restraining a boycott by violent means, but permitting the use of peaceable Allowance or recovery of compensation, see means, held erroneous, since both should have "Ejectment," § 4. Liens, see "Mechanics' Liens." INCORPORATION. See "Municipal Corporations," § 1. INDEMNITY. See "Principal and Surety." INDICTMENT AND INFORMATION. For particular offenses. See "Burglary," § 1; "Larceny," § 1. § 1. Formal requisites of indictment. The term "junior" is not part of a name, and hence its omission from a name in an indictment is not a variance.-State v. Dankwardt (Iowa) 495. Facts held to justify court's refusal to indorse witness' name on an information during the trial.-People v. Williams (Mich.) 248. Under 2 How. Ann. St. § 9549, an indorsement of witnesses' names on an information seven days before trial is in time, accused not then objecting.-People v. Williams (Mich.) 248. § 2. Requisites and sufficiency of accusation. Indictment held not to inform accused of the nature and cause of his accusation, as provided by the constitution.-State v. Nelson (Minn.) 223. § 3. Issues, proof, and variance. INDORSEMENT. been restrained.-Beck v. Railway Teamsters' Protective Union (Mich.) 13. The publication of a libel will be restrained by injunction, where its circulation will result in irreparable injury to proprietary rights.Beck v. Railway Teamsters' Protective Union (Mich.) 13. An injunction will lie to restrain the circulation of boycotting circulars, and to prevent the interception of the complainants' customers by picketing, though both are peaceably done. -Beck V. Railway Teamsters' Protective Union (Mich.) 13. Where land on which license had been granted to cut timber was sold under the mistaken belief that the timber had been removed, and the purchase was not bona fide, licensee held entitled to an injunction restraining an action of trespass by the purchaser against him.-Oconto Co. v. Lundquist (Mich.) 950. Grantee in deed containing reservation of right of way held entitled to injunction restraining railroad from fencing in more land than actually occupied.-Heinzman v. Winona & St. P. Ry. Co. (Minn.) 956. Injunction will not be granted to restrain prosecution of forcible detainer because district court might proceed by writ of assistance.-Green v. Morse (Neb.) 925. An injunction held to lie against county officers to prevent unauthorized road work and payment of illegal warrants therefor.-Webster v. Douglas County (Wis.) 885. § 2. Actions for injunctions. District judge at chambers cannot finally determine action for injunction.-Johnson v. Bouton (Neb.) 57. District judge cannot enter order out of term dismissing a cause.-Johnson v. Bouton (Neb.) 57. Taxpayers held not guilty of laches in suing to enjoin future illegal road work and payment of money for it, though contracts had been made. -Webster v. Douglas County (Wis.) 885. Of bill of exchange or promissory note, see 3. Violation and punishment. "Bills and Notes," § 4. INFANTS. See, also, "Adoption"; "Guardian and Ward"; 1. Actions. A minor may be brought into an action as an additional party defendant by the service of an order reciting the summons, as provided by Gen. St. 1894, § 5178.-Markell v. Řay (Minn.) 788. INFERIOR COURTS. See "Courts," § 4. INHERITANCE. See "Descent and Distribution." INJUNCTION. Restraining particular acts or proceedings. Violation of liquor laws, see "Intoxicating Liquors," § 5. Illegal and irregular road work, done in disobedience of an injunction, cannot be in good faith, nor can it be cured by ratification or estoppel.-Webster v. Douglas County (Wis.) 885. County officers who disobeyed and evaded an injunction against doing road work, illegally paying out money therefor, as well as contractors who received such money, are liable for its repayment to the county.-Webster v. Douglas County (Wis.) 885. § 4. Liabilities on bonds or undertakings. Action on temporary injunction bond will not lie until adjudication of injunction cause on the merits.-Johnson v. Bouton (Neb.) 57. In action on injunction bond, held error to submit evidence of expenses on unsuccessful attempt to dissolve injunction.-Pollock v. Whipple (Neb.) 355. IN PAIS. Estoppel, see "Estoppel," § 1. INSOLVENCY. See, also, "Assignments for Benefit of Creditors." |