been interposed held in the discretion of the trial judge.-State v. Bartley (Neb.) 438.

$ 4. Impaneling for trial.

An objection to the order in which talesmen are called to the jury box is waived if not made before acceptance of the jury.-State v. Minor (Iowa) 330.

JUSTICES OF THE PEACE.

§ 1. Civil jurisdiction and authority. Whether a justice in replevin should, for want of jurisdiction, certify the case to the district court, depends on the appraisement.Kilpatrick-Koch Dry-Goods Co. v. Rosenberger (Neb.) 770.

A justice is not ousted of jurisdiction in forcible entry by allegation that title is involved, until the fact is proven.-Green v. Morse (Neb.) 925.

§ 2. Procedure in civil cases.

Under Code 1873, § 3549, a new precept for a jury on discharge of the former one must be issued without delay, so that the parties at the time may take notice of it.-Gates v. Knosby (Iowa) 863.

In transferring action a justice should enter in docket the time and place of trial before the other justice, and if he, without consent, tries the case in some other place, the judgment is void.-Larson v. Dukleth (Minn.) 220.

Loss of jurisdiction of a justice of the peace held to have been waived.-Benoit v. Revoir (N. D.) 605.

Under Rev. Codes, § 6683, a justice of the peace may hold a case open for 24 hours for the purpose of considering questions that have been submitted to him.-Benoit v. Revoir (N. D.) 605.

Where, by consent, a nonresident plaintiff in justice's court deposits with the court an agreed sum in lieu of security for costs. defendant cannot, on a change of venue, demand other security.-Benoit v. Revoir (N. D.) 605.

Rev. St. § 4744, providing for change of venue in a criminal case before a justice, held waived by pleading.-State v. Merrick (Wis.)

719.

It is not essential to jurisdiction in case of adjournment that docket show that it was for cause.-State v. Merrick (Wis.) 719.

LANDLORD AND TENANT.

§ 1. Leases and agreements in general. Where a co-tenant, after knowledge of an unauthorized alteration of the lease, did not object thereto and did not deny his liability when rent was demanded, the issue of ratification was for the jury.-McPherson v. Pinch (Mich.) 321.

Lessees of a corporation's business held not entitled to a lien on the leased property for money advanced in payment of its corporate debts.-Viers v. Detroit Paper-Package Co. (Mich.) 700.

A lease void under the statute of frauds because being for more than one year governs the rights of the parties so far as executed.Peoples v. Evens (N. D.) 93.

§ 2. Landlord's title.

Landlord's ownership cannot be denied by tenant while in possession.-Carson v. Broady (Neb.) 80.

Tenant remaining in possession after expiration of lease, without repudiation of landlord's title, does not hold adversely.-Carson v. Broady (Neb.) 80.

§ 3.

Terms for years.

A landlord, after tenant has vacated without another, after notice, without creating a surcause, may resume possession, and re-lease to render by operation of law.-Brown v. Cairns (Iowa) 478.

§ 4. Tenancies from month to month. On facts found in action to recover rent for leased premises after tenant vacated, held, that landlord was entitled to recover for two months, whether tenant entered under written lease for twenty months or under a verbal lease for an indefinite period.-Prendergast v. Searle (Minn.) 231.

had been changed as to the amount of rent, Evidence held to support a finding that a lease and that the tenancy had been changed to one from month to month.-Ossowski v. Wiesner (Wis.) 184.

5. Premises, and enjoyment and use

thereof.

2 How. Ann. St. § 8295, authorizing summary proceedings for the possession of realty, does not contemplate action by a tenant, where the owner refuses to let him go in under his lease. -Freeborn v. La Londe (Mich.) 269.

§ 3. Review of proceedings.

A remand by the district court for a writ of error to a justice's judgment held proper, under Code 1873, § 3603.-Gates v. Knosby (Iowa) 863.

An allowance by a justice of a peremptory challenge of a juror may be reviewed by certiorari.-Eldridge v. Hubbell (Mich.) 631.

An appeal bond from a justice's court held effectual, though it contained additional matter sufficient to make it a stay of proceedings.Aultman, Miller & Co. v. Nelson (S. D.) 584. Where continuance is had on defendant's motion, he is estopped from objecting that no cause therefor was shown.-State v. Merrick (Wis.) 719.

The lessor of an elevator held liable for injuries to the lessee's servant, through a defect therein, because it was unknown to the latter and known by the former.-Anderson v. Hayes (Wis.) 891; Turnquist v. Same, Id.

§ 6. Rent.

Where the lease required the tenant to mortgage his goods as security, his wife's joining in the mortgage held evidence of a consideration for an agreement to reduce the rent.-Lamb v. Rathburn (Mich.) 268.

Evidence held insufficient to show relationship. -McDermott v. Carroll (S. D.) 579.

§ 7. Re-entry and recovery of possession by landlord.

KNOWLEDGE.

Tender of rent after action against tenant holding over for restitution must include costs. -Seeger v. Smith (Minn.) 3.

-Seeger v. Smith (Minn.) 3.

§ 1. Prosecution.

Questions as to the value of an animal held not objectionable in form, as calling for its value as meat instead of for breeding.-State v. McKeavitt (Iowa) 325.

Where defendant was accused of stealing a steer, and meat was found in his house, held proper to refuse to charge to acquit if the meat came from his own steer.-State v. Minor (Iowa) 330.

The corpus delicti may be established by circumstantial evidence.-State v. Minor (Iowa) 330.

A failure to charge that the intent to appropriate the property must be "felonious" held not error.-State v. Minor (Iowa) 330.

Failure to fully define the intent of taking held harmless, where defendant denied taking. -State v. Minor (Iowa) 330.

Evidence held sufficient to sustain a conviction.-State v. Minor (Iowa) 330.

Indictment charging defendant with larceny of "$22.50 in lawful money of the United States, of the value of $22.50," held to sufficiently describe the money alleged to be stolen. -State v. Fisher (Iowa) 456.

Evidence held to sustain conviction of larceny from the person.-State v. Fisher (Iowa) 456. Instructions held to sufficiently cover defense introduced.-State v. Fisher (Iowa) 456.

Exclusion of evidence of matters occurring after the alleged larceny held proper.-State v. Fisher (Iowa) 456.

Evidence examined, and held sufficient to sustain a conviction.-State v. Berndgen (Minn.) 408.

In a prosecution for converting timber taken from another's land, held, that evidence that defendant cut trees that would make 33,000 feet, worth $2 per 1,000 feet. is evidence of value. Golonbieski v. State (Wis.) 189.

A conviction of converting timber severed from the land of a certain company alleged to be incorporated will be sustained, though there is no evidence that such company is incorporated, in view of the statutes prescribing the essential allegations concerning the ownership of land on which an offense has been committed, and requiring a disregard of immaterial errors. -Golonbieski v. State (Wis.) 189.

Evidence held sufficient to show that a land

owner did not consent to a cutting and removal of timber from his land.-Golonbieski v. State (Wis.) 189.

It is proper to charge, substantially in the language of the statute, to find defendant guilty if he converted timber severed from another's land.-Golonbieski v. State (Wis.) 189.

LIBEL AND SLANDER.

§ 1. Words and acts actionable, and liability therefor.

A publication charging a jailer with accepting a stolen gold watch from a prisoner as security for a fine advanced held not libelous.-Steyskal v. Detroit Journal Co. (Mich.) 939.

The retraction, under the newspaper article retraction statute, must clearly refer to the article complained of, and recall the alleged false and defamatory statement.-Gray v. Times Newspaper Co. (Minn.) 204.

Retraction of libelous article held not full and

fair.-Gray v. Times Newspaper Co. (Minn.) 204.

Where station agent of telegraph company maliciously transmits a libelous message to another station agent, for delivery to a third per-Peterson v. Western Union Tel. Co. (Minn.) son, the company is liable for punitive damages. 985.

§ 2. Actions.

Pub. Acts 1895, No. 216, § 1, has not abrogated the common-law rule that, in action for slander, damages for injury to feelings are recoverable without being specially pleaded or proved. Cribbs v. Yore (Mich.) 927.

The question of bad faith, and whether the falsity of article was due to mistake, held one for the jury.-Gray v. Times Newspaper Co. (Minn.) 204.

The question whether retraction published was fair held a question for the court.-Gray v. Times Newspaper Co. (Minn.) 204.

In action for libel, where defense is publication in good faith and retraction, the burden is on defendant to establish the defense.-Gray v. Times Newspaper Co. (Minn.) 204.

Publication in newspaper that plaintiff's report of alleged assault on him was false held libelous per se.-Gray v. Times Newspaper Co. (Minn.) 204.

Any circumstances tending to overcome presumption of malice should be considered in mitigation of damages. - Sharpe v. Larson (Minn.) 233.

Under the evidence. verdict for plaintiff for $750 held excessive.-Sharpe v. Larson (Minn.) 233.

Verdict for $2,000 against telegraph company for transmitting libelous message held excessive. -Peterson v. Western Union Tel. Co. (Minn.) 985.

LICENSES.

For sale of intoxicating liquors, see "Intoxicating Liquors," § 1.

LIENS.

Effect of proceedings in insolvency, see "Insolvency," § 2.

Liens acquired by particular remedies or proceedings.

See "Garnishment," § 3; "Judgment," § 12.
Particular classes of liens. ■
See "Mechanics' Liens."
Mortgage, see "Chattel Mortgages," § 3; "Mort-
gages," § 3.

LIFE ESTATES.

There can be no adverse possession against remainder-man, by one claiming through life tenant, during life of life tenant.-Bowen v. Brogan (Mich.) 942.

A life tenant in mortgaged property cannot, by allowing mortgage to be foreclosed and pur

chasing property at foreclosure, cut off title of remainder-men.-Bowen v. Brogan (Mich.) 942. LIFE INSURANCE.

See "Insurance," § 7.

LIMITATION OF ACTIONS.

See "Adverse Possession."

§ 1. Statutes of limitation.

Code 1897, § 3439, in effect October 1, 1897,

tition in attachment was amended so as to state a different cause of action, and was held good, mortgagees could not, in independent action, attach the attachment.-Nagle v. First Nat. Bank (Neb.) 1074.

LIVE STOCK.

Injuries from operation of railroads, see "Railroads," § 1.

LOAN ASSOCIATIONS.

LOCAL ACTIONS.

LOCATION.

tion.

Where void tax deed is issued to lien claimant, a failure of title which it assumes to convey arises on the issuance of the deed.-Carson v. Broady (Neb.) 80.

Where petition in action against firm was amended to run against individual members, and limitations ran against the firm, a subsequent amendment to make the action against the firm was ineffectual.-Wigton v. Smith (Neb.) 772.

one

Action for relief for fraud is barred in four years after discovery.-Buerstetta v. Tecumseh Nat. Bank (Neb.) 1094.

Where facts incorporated in petition by way of amendment constitute a separate cause of action, limitations run against such cause until the filing of the amendment.-Buerstetta v. Tecumseh Nat. Bank (Neb.) 1094.

Where railroad company constructs its road without compensation, and conveys it to another, which does not assume the liability, limitations run from the time of the taking.-Kuhl v. Chicago & N. W. Ry. Co. (Wis.) 155.

Where railroad company constructs its line without making compensation, and assigns to one assuming its liabilities for injuries to owners of land, limitations run on such obligations from the agreement between the vendor and vendee.-Kuhl v. Chicago & N. W. Ry. Co. (Wis.) 155.

Facts held not to show an attempt to commence an action within Rev. St. 1898, § 4240, suspending limitations, where an unsuccessful attempt to commence an action is made.-Moulton v. Williams (Wis.) 918.

§ 3. Operation and effect of bar by limitation.

The statute can only be waived by defendant's failure to plead it and insist thereon.Moulton v. Williams (Wis.) 918.

The benefit of a statute held not waived by an appearance in response to a void service of a summons from a justice, followed by a sufficient service, where limitations had run against the action after the first, and before the second, service.-Moulton v. Williams (Wis.) 918.

LIQUOR SELLING.

See "Intoxicating Liquors."

LIS PENDENS.

One who, by voluntary transfer, acquires rights in property after attachment levied thereon, is bound by the adjudication in the attachment case.-Nagle v. First Nat. Bank (Neb.) 1074.

Where, after attachment levied, the debtor mortgages property to other creditors, and pe

LOGS AND LOGGING.

Corporation organized under Gen. St. 1894, § 2633, to improve a stream for driving logs, but not empowered to handle them, cannot collect tolls provided for in such section.-Northwestern Improvement & Boom Co. v. O'Brien (Minn.) 989.

To entitle corporation organized under Gen. St. 1894, § 2633, to collect tolls for driving logs, it is not necessary to improve the whole stream, but only that it take possession of a considerable portion thereof.-Northwestern Improvement & Boom Co. v. O'Brien (Minn.) 989.

Power to drive logs is not incidental to power given the corporation to improve a stream.Northwestern Improvement & Boom Co. V. O'Brien (Minn.) 989.

MACHINERY.

Liability of employer for defects, see "Master and Servant," §§ 3-8.

MALICE.

What constitutes, see "Homicide," § 1.

MALICIOUS PROSECUTION.

See, also, "False Imprisonment."

1. Actions.

Admission of evidence that defendant did not state all the facts on which the prosecution was based to the prosecuting attorney held error, where defendant stated that he did not rely on such attorney's advice.-McClay v. Hicks (Mich.) 636.

Evidence held sufficient to make a question for the jury whether there was probable cause.McClay v. Hicks (Mich.) 636.

If the facts are disputed, the court should charge hypothetically what facts would constitute probable cause. - McClay v. Hicks (Mich.) 636.

MANDAMUS.

8 1. Subjects and purposes of relief. Mandamus lies to compel an express company to discharge the duties imposed on it by law. Attorney General v. American Exp. Co. (Mich.) 317.

Mandamus is the proper remedy to compel highway commissioners of adjoining towns to rebuild a bridge on a town-line road.-Bigelow v. Brooks (Mich.) 810.

Gen. St. 1894, § 8041, relating to veteran soldiers, does not confer on any of them a right

221.

The district court may, by rule, compel county judge to make up record containing true history of proceedings before him.-New Home Sewing-Mach. Co. v. Thornburg (Neb.) 86. Mandamus may be maintained to reinstate a pupil if action of officer refusing admission was arbitrary.-Jackson v. State (Neb.) 662.

Mandamus lies to compel county commissioners to order special county seat election on proper petition presented.-Barry v. State (Neb.)

1096.

con

A sheriff's sale of employer's property held not of itself a breach by employer of a tract of hire.-Nash v. H. R. Gladding Co. (Mich.) 7.

§ 3. Master's liability for injuries to servant - Machinery and appli

ances

A servant who, without objection or promise to repair, operates a defective machine for three years, knowing it to be dangerous, cannot reMcCarthy v. Mulgrew (Iowa) 527. cover for injuries resulting from the defect.

Owner of steamer tied up for winter held not negligent in failing to have watchmen while Williams Transp. Line (Mich.) 633. crew were sleeping on board.-Lang v. H. W.

to

lief. A writ compelling an express company carry goods for all shippers within the state at the regular rates held not too broad, though the petition was on the relation of only a few shippers. Attorney General v. American Exp. Co. (Mich.) 317.

The word "corporation," as used in Cir. Ct. Rule No. 46, in regard to jurisdiction in mandamus proceedings, held synonymous with the term "joint-stock corporation."-Attorney General v. American Exp. Co. (Mich.) 317.

Where, on an application for mandamus to compel a county board to act on a claim, the sworn answer shows that, on receiving the order to show cause, the respondents disallowed the claim, held, the answer must be taken as true and the writ denied.-Gallagher v. Board of Sup'rs of Cheboygan County (Mich.) 930.

See "Mandamus."

MANDATE.

To lower court or decision on appeal or writ of error, see "Appeal and Error," § 30.

MARRIAGE.

See, also, "Divorce"; "Husband and Wife."

Under How. Ann. St. § 6224, the marriage of a minor is to be deemed void whenever, after he or she comes of age, the question of its validity arises, and there has been no cohabitation after removal of disability.-People v. Schoonmaker (Mich.) 934.

When there is no parent and no guardian of a minor applicant for a license, a guardian must be appointed before the probate judge can perform the ceremony, under Pub. Acts 1897. No. 180, § 1.-People v. Schoonmaker (Mich.) 934.

MARRIED WOMEN.

See "Husband and Wife.”

In an action for a wrongful discharge, an employé may prove that he received no compensation for work done for his father after the discharge.-Gwinn v. King (Iowa) 834.

A wrongfully discharged servant need not accept other employment from the master unless it be in the same line as the first, and the offer be so made as that the acceptance will not modify the original agreement.-Jackson v. Independent School Dist. of Steamboat Rock (Iowa) 860.

Hiring by agent of a servant for three months held not a hiring for an unreasonable length of time.-Drohan v. Merrill & Ring Lumber Co. (Minn.) 957.

Evidence in action for injuries to railroad employé held not to show defendant guilty of negligence.-Barrett v. Great Northern Ry. Co. (Minn.) 540.

A finding that a reasonably careful inspection of the brake of a car would have revealed its defective condition held justified.-Union StockYards Co. v. Goodwin (Neb.) 357.

In inspecting a car, such a test must be applied as would probably reveal a defect if one existed.-Union Stock-Yards Co. v. Goodwin (Neb.) 357.

A jury may draw rational inferences from the facts proved or admitted.-Union Stock-Yards Co. v. Goodwin (Neb.) 357.

A corporation using the cars of another corporation is charged with the same duty as to inspecting them, as against its employés, as if the cars were its own.-Union Stock-Yards Co. v. Goodwin (Neb.) 357.

Whether the master exercised due care in keeping appliances safe and adequate held a question for the jury.-Cameron v. Great Northern Ry. Co. (N. D.) 1016.

Evidence held not to show a master negligent Schiefelbein v. Badger Paper Co. (Wis.) 742. in not maintaining a guard on a revolving fan.

A master held liable for injuries received by a servant through a defective elevator, while riding thereon, in the course of his employment. -Anderson v. Hayes (Wis.) 903.

The danger of using a machine containing unguarded revolving iron rollers is so obvious that the master need not warn a servant of it.-McCarthy v. Mulgrew (Iowa) 527.

Master held not liable for injury to servant although he did not warn her of danger, where such danger was obvious.-Hanson v. Hammell (Iowa) 839.

Failure of man employed to give notice to other employés of movement of apparatus in unloading coal held not to render master liable for injuries resulting.-Portance v. Lehigh Val. Coal Co. (Wis.) 875.

Evidence of acts held admissible to show that a fellow servant did not have sufficient judgment to be competent for the other part of the work in which he was employed.-Morrow v. St. Paul City Ry. Co. (Minn.) 303.

Laws Wis. 1893, c. 220, providing for recovery by employé for injuries suffered, while operating "cars" of defendant, through negligence of other employé, held to include hand cars.Benson v. Chicago, St. P., M. & O. Ry. Co. (Minn.) 798.