MISREPRESENTATION.

§ 2. Proceedings to perfect.

Code, § 357, held not to permit amendment of a mechanic's lien affidavit as against a subsequent bona fide mortgagee.-McGillivray v. Case (Iowa) 483.

An affidavit to a statement for a mechanic's lien claimed by a partnership is insufficient if signed in the firm name.-McGillivray v. Case (Iowa) 483.

To entitle subcontractor to lien, he must file sworn claim with register of deeds of proper county.-Watkins v. Bugge (Neb.) 83.

The expressions "filed in the office of the register of deeds" and "filed with the register of deeds" are equivalent.-Watkins V. Bugge (Neb.) 83.

Proper filing of claim consists in placing sworn statement in custody of, and leaving same with, proper officer for record.-Watkins v. Bugge (Neb.) 83.

Failure of register of deeds to record sworn statement filed does not affect the lien.-Watkins v. Bugge (Neb.) 83.

Delivery of materials at different times held, under the evidence, to have been done under a single contract.-Watkins v. Bugge (Neb.) 83.

§ 3. Operation and effect.

A decree of foreclosure of a mechanic's lien held to establish a lien on an equitable interest. -Sheppard v. Messenger (Iowa) 515.

MINES AND MINERALS.

§ 1. Public mineral lands. Co-tenant of mining claim, who, on work not being done, relocates it, holds it as trustee for co-tenants.-McCarthy v. Speed (S. D.) 590. Owner of unpatented placer claim can locate a lode claim within the boundaries of his placer claim.-McCarthy v. Speed (S. D.) 590. § 2. Title, conveyances, and contracts. Citizenship and right to maintain claim dependent thereon cannot be questioned in an action with other persons to determine adverse claims to mining property.-McCarthy v. Speed (S. D.) 590.

One locating a lode claim, and recording certificate, held estopped, as against one to whom he sold an interest, to assert that there was no discovery to support the location.-McCarthy v. Speed (S. D.) 590.

§ 3. Operation of mines, quarries, and wells.

Under How. Ann. St. § 8408, lien for labor against mining company held superior to mortgage lien prior in time.-Atlantic Dynamite Co. v. Ropes Gold & Silver Co. (Mich.) 938; Ishpeming Nat. Bank v. Johnson, Id.

See "Infants."

MINORS.

MODIFICATION.

Of judgment or order on appeal, see "Appeal and Error," § 28.

MONEY RECEIVED.

Recovery of payment in general, see "Payment," § 3.

of tax paid, see "Taxation," § 3. Evidence in action for money received held to justify verdict for plaintiff.-Backus v. A. H. Barber & Co. (Minn.) 959.

MONTH.

Tenancy from month to month, see "Landlord and Tenant," § 4.

MORTGAGES.

Discharge of mortgage as consideration for note, see "Bills and Notes," § 1.

Mortgages of particular species of property. Personal property, see "Chattel Mortgages." § 1. Requisites and validity.

Words of conveyance in a mortgage, being inoperative, are unnecessary.-Morrill v. Skinner (Neb.) 375.

Discharge of a debtor and extension of time for paying the debt held a consideration to support a note of a third person for the debt and a mortgage securing it.-Morrill v. Skinner (Neb.) 375.

The promise of one to assume a debt of another in consideration of a conveyance by the other to the promisor supports a note and mortgage made by the promisor to the creditor in fulfillment of the promise.-Morrill v. Skinner (Neb.) 375.

mortgage.-Huston v. Canfield (Neb.) 763; CanA quitclaim deed given to secure a debt held a field v. Same, Id.

§ 2. Recording and registration.

An unrecorded mortgage is not void as to creditors generally, but only as to those whose transfers have been first recorded.-Blair State Bank v. Stewart (Neb.) 370.

§ 3.

Construction and operation.

A mortgage held not to secure payment for services in trying to obtain extension of the time for paying the principal debt, it not being obtained.-Steckel v. Standley (Iowa) 489.

beneficiaries for legal services to be performed A mortgage securing the mortgagee or his does not secure a stranger performing them, as against a purchaser of the land, though the stranger afterwards acquire the mortgage.— Steckel v. Standley (Iowa) 489.

An assumption of a mortgage held not a part of the consideration for land conveyed as security merely, and the second mortgagee was not personally liable on the first mortgage.Webber v. Lawrence (Mich.) 266.

An unrecorded mortgage held fraudulent as against a judgment creditor who extended credit on the faith of the apparently unincumbered title.-Belcher v. Curtis (Mich.) 310.

Extension of mortgage by executors of mortgagee without knowledge of second mortgage held not a release from the lien of the first mortgage.-Norton v. Myers (Minn.) 298.

Knowledge of testator of second mortgage on property on which he holds first mortgage held

not knowledge of his Myers (Minn.) 298.

executors.-Norton

V.

Mortgages executed on the same day to different mortgagees held co-ordinate.-Terry v. Moran (Minn.) 777.

Conveyance of legal title will not defeat a prior mortgage of an equitable estate, where rights of innocent purchaser without notice are not involved.-Arlington Mill & Elevator Co. v. Yates (Neb.) 677.

Under 2 How. Ann. St. § 7847. a mortgage is a mere security, and the title to the mortgaged premises remains in the mortgagor.-Dawson v. Peter (Mich.) 997.

Defendant held to occupy the position of second mortgagee, so that as such he owed the first mortgagee no duty to pay taxes.-American Baptist Missionary Union v. Weeks (Minn.) 36.

Right of second mortgagee to hold tax title as security for reimbursement by the first mortgagee held not extinguished by his failure to pay taxes which accrued after he became owner, subject to the first mortgage.-American Baptist Missionary Union v. Weeks (Minn.) 36. Where a second mortgagee purchased a tax title to protect his interest, and the purchase inured to the first mortgagee's benefit, the second mortgagee was entitled to reimbursement.American Baptist Missionary Union v. Weeks (Minn.) 36.

As between first and second mortgagee, one cannot acquire tax title on the mortgaged property as against the other.-Norton v. Myers (Minn.) 298.

Possession of portion of mortgaged property by subsequent grantee held not notice to executors of first mortgagee of existence of second mortgage.-Norton v. Myers (Minn.) 298.

Mortgagee held entitled to reimbursement for taxes and insurance premiums paid and interest thereon.-Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

Bond and mortgage providing for payment on default of taxes and assessments held to include special assessments by law made liens on mortgaged property.-Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

The fact that a first mortgagee was induced to agree to pay a second mortgage by threats of the mortgagors either to convey or lease the land held not to constitute fraud or duress.Goos v. Goos (Neb.) 687.

Mortgagor in possession held entitled to rents and profits, which right descends to his grantee or subsequent mortgagee in possession.-Huston v. Canfield (Neb.) 763; Canfield v. Same, Id.

§ 5. Assignment of mortgage or debt. Assignment of mortgage carries with it implied warranty of genuineness.-Waller v. Staples (Iowa) 570.

A person who holds an assignment of a mortgage as collateral security has authority to receive payments and discharge it, and especially so when the assignment so empowers him.Lowry v. Bennett (Mich.) 935.

§ 6. Transfer of property mortgaged or of equity of redemption. The fact that a grantee withholds a portion of the price claimed by a mortgagee as security against the claim does not prevent him from disputing the validity of the claim.-Steckel v. Standley (Iowa) 489.

Evidence held to show that land was conveyed by a husband to the wife in consideration of her assuming as a charge thereon a debt which he had ineffectually attempted to secure by mortgage thereof.-Morrill v. Skinner (Neb.) 375.

77 N.W.-74

687.

Conveyance of premises to the mortgagee, and the giving of the note for the debt, held a consideration for the mortgagee's assuming a subsequent incumbrance.-Goos v. Goos (Neb.) 687. § 7. Payment or performance of condition, release, and satisfaction. A purchaser of lands held protected as a bona fide purchaser from a foreclosure of a mortgage erroneously discharged of record.-Lowry v. Bennett (Mich.) 935.

Evidence held insufficient to sustain finding that consideration of mortgage was not paid to mortgagor.-Dart v. Minnesota Loan & Trust Co. (Minn.) 288.

been paid in full to authorized agents of mortFinding of trial court that a mortgage had gagee held justified by the evidence.-Bailey v. Anderson (Minn.) 414.

Evidence held insufficient to show payment of mortgage note to mortgagee's agent.-Dwight v. Lenz (Minn.) 546.

Evidence held to show payment of note and mortgage sued on.-Lynn v. Hanson (Minn.) 976.

Where mortgagor pays debt to supposed agent, without production of note and mortgage, he assumes risk of establishing authority of agent to receive such payment.-Budd v. Broen (Minn.) 979.

Evidence held not to show an unconditional payment of a mortgage.-Gage v. Gage (S. D.) 109.

§ 8. Foreclosure by exercise of power of sale.

A foreclosure of the whole of the mortgage premises for an installment of the mortgage debt exhausts lien of mortgage.-Darelius v. Davis (Minn.) 214.

In action to recover surplus in hands of mortgagee after foreclosure, held, that the burden was on mortgagee to show that he had made certain payments for taxes, as alleged.--Simmer v. Blabon (Minn.) 233.

In action by assignee of second mortgage to recover surplus on foreclosure of first mortgage, where execution of second mortgage was denied, held, that note referred to in mortgage must be introduced in evidence, or its absence accounted for.-Gray v. Blabon (Minn.) 234.

Surplus remaining after payment of debt on foreclosure sale belongs to the same persons, and is subject to the same liens, as the land at the time of the sale.-Perkins v. Stewart (Minn.) 434.

Mortgagee foreclosing under power of sale, failing to ascertain to whom the surplus belongs, and pay it over, held chargeable with interest.-Perkins v. Stewart (Minn.) 434.

Gen. St. 1894, § 6051, requiring party foreclosing by advertisement to file, 10 days after foreclosure, affidavit of expenses, is constitutional.-Perkins v. Stewart (Minn.) 434.

That mortgagee assigns his certificate of foreclosure, on being paid the amount due thereon. to third person at request of mortgagor, does not estop the latter from recovering surplus which mortgagee retains.-Johnson v. Stewart (Minn.)

435.

An officer, who sells mortgaged property for an amount in excess of that due, cannot ex

cuse himself for not paying the excess to the mortgagor on demand, by showing that the excess went into the hands of the mortgagee.First Methodist Episcopal Church v. Fadden (N. D.) 615.

A grantee of the premises is not required on foreclosure to pay the attorney's fee specified in the mortgage when it exceeds that allowed by law. First Methodist Episcopal Church v. Fadden (N. D.) 615.

When the person making a foreclosure sale states in his affidavit that he is a deputy sheriff, the affidavit is prima facie evidence of that fact.-First Methodist Episcopal Church v. Fadden (N. D.) 615.

An affidavit of foreclosure sale must show on its face that the sale was made by a person authorized so to do by law.-First Methodist Episcopal Church v. Fadden (N. D.) 615.

§ 9. Foreclosure by action-Nature and form of remedy.

Under Code Civ. Proc. § 847 et seq., as existing before 1897, an action could be brought on a debt secured by a mortgage, or a suit brought to foreclose, but not both at the same time without leave.-Maxwell v. Home Fire Ins. Co. (Neb.) 681. $ 10.

Right to foreclose and defenses. Evidence held to show that mortgagee had authorized foreclosure of mortgage.-Darelius v. Davis (Minn.) 214.

Notice of election to treat whole mortgage debt due on default held unnecessary before suit brought.-Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

Acceptance of interest due held not to waive default in payment of matured_installments of principal.-Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

That owner of mortgaged property improves it, believing the mortgage to be invalid, held no defense on foreclosure where no fraud is shown.-Arlington Mill & Elevator Co. v. Yates (Neb.) 677.

§ 12.

Pleading and evidence. Mortgage introduced held sufficiently identified as the one in suit.--Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

An action to foreclose a mortgage securing a note is not founded on an instrument for the unconditional payment of money only, within Code Civ. Proc. § 129, requiring a copy of such an instrument to be set out in the pleading. First Nat. Bank v. Engelbercht (Neb.) 685.

An action to foreclose a mortgage securing a note is founded on a written instrument as evidence of a debt within Code Civ. Proc. § 124, requiring a copy of the instrument to be filed with the pleading.-First Nat. Bank v. Engelbercht (Neb.) 685.

In an action to foreclose a mortgage securing a note, a copy of the mortgage need not be attached to the petition, but only a copy of the note, and the note need not be made a part of the pleading by express averment.-First Nat. Bank v. Engelbercht (Neb.) 685. $13.

Receivers.

In foreclosure, the rents and profits cannot be diverted from tenant in possession under mortgagor, except by receiver appointed under Code Civ. Proc. $266.-Huston v. Canfield (Neb.) 763; Canfield v. Same, Id.

Master commissioner appointed to make judicial sale can administer oath to appraisers.George v. Keniston (Neb.) 772.

Master commissioner appointed to make foreclosure sale need not subscribe and file an oath.-George v. Keniston (Neb.) 772. $ 16.

ity.

Deficiency and personal liabil

A first mortgagee held entitled, under the statute, to a personal judgment against a second mortgagee, on the latter's agreement with the mortgagor to assume the first mortgage, only when the mortgagor could enforce the agreement.-Webber v. Lawrence (Mich.) 266.

Holder of a note secured by mortgage may sue on the note where there are no stipulations making mortgaged property primarily liable.— Grable v. Beatty (Neb.) 49.

In absence of agreement by mortgagee to look primarily to his security, foreclosure is not condition precedent to an action on the claim.-Grable v. Beatty (Neb.) 49.

Inadequacy of price for land sold at a foreclosure sale held no defense to a subsequent action for a deficiency due on the mortgage note.-Hollister v. Buchanan (S. D.) 103. § 17.- Disposition of proceeds and

surplus.

Procedure adopted by the second mortgagee to assert a claim to a surplus arising on a sale under the first mortgage held proper.-Moss v. Robertson (Neb.) 403.

A junior mortgagee held entitled to the surplus on foreclosure of the senior mortgage as against the owner of the equity of redemption.-Moss v. Robertson (Neb.) 403. $ 18.

Costs and expenses.

Stipulation in mortgage for payment of expenses in procuring and continuing abstract for purpose of foreclosure held unenforceable.Northwestern Mut. Life Ins. Co. v. Butler (Neb.) 667.

$ 19.

Operation and effect.

A decree foreclosing a mortgage securing a note given as collateral held not a bar to an action on the note to which it was collateral.— Maxwell v. Home Fire Ins. Co. (Neb.) 681. $ 20. Redemption.

absolute title, unless premises are redeemed Purchaser at mortgage sale has a right to within the statutory time.-Hughes v. Olson (Minn.) 42.

Purchaser at foreclosure sale may dispute the right of a proposed redemptioner to redeem.-Hughes v. Olson (Minn.) 42.

In tendering the amount of a judgment against the husband so as to defeat the judg ment creditor's right to redeem from a mortgage foreclosure sale of the husband's property, held, that the wife was not a mere volunteer.-Roberts v. Meighen (Minn.) 139.

Where mortgagor conveys subject to mortdemption by assignee under second mortgage and takes back second mortgage, a regage, from foreclosure of first within five days after the year to redeem expired is made as creditor, and does not annul foreclosure sale.-Darelius v. Davis (Minn.) 214.

On foreclosure of whole of mortgage property for installment of mortgage debt, neither second mortgagee nor his assignee held estopped to redeem.-Darelius v. Davis (Minn.) 214.

Where, through fraud by owner of realty and holder of certificate on foreclosure sale by first mortgagee, trustee of subsequent mortgages was prevented from redeeming, held, that he could sue in equity for relief.-Nolan v. Dyer (Minn.) 786.

MOTIONS.

Arrest of judgment in civil actions, see "Judgment," § 4.

Change of venue in civil actions, see "Venue," $ 3.

Direction of verdict in civil actions, see "Trial," $ 4.

Dismissal or nonsuit on trial, see "Trial," § 4. New trial in criminal prosecutions, see "Criminal Law," § 7.

Opening or setting aside default judgment, see "Judgment," § 3.

Presentation of objections for review, see "Appeal and Error." § 3.

Relating to pleadings, see "Pleading," § 8.
Striking out evidence, see "Trial," § 2.

A notice of hearing of a motion to tax costs held to have been unnecessary.-Manning v. Nelson (Iowa) 503.

Rule 2 of practice of the district judges (McClain's Ann. Code, p. lvii., preface), relating to notice of trial in any case once continued where an answer is on file to bring the cause to trial, does not apply to hearing of motions.-Manning v. Nelson (Iowa) 503.

MUNICIPAL CORPORATIONS.

See, also, "Counties"; "Schools and School Districts," § 1; "Towns."

Injunctions affecting, see "Injunction," § 1.
Mandamus, see "Mandamus," § 1.
Ordinances relating to intoxicating liquors, see
"Intoxicating Liquors."

Street railroads, see "Street Railroads."

1. Creation, alteration, existence, and dissolution.

To publish ordinances in book form is to record them "in a book kept for that purpose," as required by the city's charter.-Allen v. City of Davenport (Iowa) 532.

Proceedings of council appointing street commissioner held invalid. - State V. Alexander (Iowa) 841.

3. Officers, agents, and employés. Street commissioner held to hold over by failure of council to appoint successor at time fixed by ordinance.-State v. Alexander (Iowa) 841. § 4. Contracts in general.

City council of Little Falls held to have authority to make time contract with water company for hydrants to supply water for fire protection.-Flynn v. Little Falls Electric & Water Co. (Minn.) 38.

Thirty years held an unreasonable length of time to bind city to take water supply for fire protection.-Flynn v. Little Falls Electric & Water Co. (Minn.) 38.

Where a village retains benefits under a contract which it has power to make, but which is void because irregularly executed, a recovery may be had on a quantum meruit without showing a ratification by the village.-Lincoln Land Co. v. Village of Grant (Neb.) 349.

Where a village retains substantial benefits under a contract which it is authorized to make, but which is void because irregularly executed, it is liable for the reasonable value of the benefits.-Lincoln Land Co. v. Village of Grant (Neb.) 349.

That mayor and member of council were subscribers to corporation, and liable for unpaid subscription in event of insolvency, does not make contract between city and corporation invalid, they being no longer stockholders.-City of Broken Bow v. Broken Bow Waterworks Co. (Neb.) 1078.

§ 5. Public improvements - Power to make improvements.

Under Code, §§ 641, 680, wards of city must be changed by ordinance, and not by resolution. --Cascaden v. City of Waterloo (Iowa) 333.

Under 1 McClain's Code, §§ 569, 570, providing for proceedings before the district court for the incorporation of a town, the petition must be presented to the court, and not the judge. State v. Council (Iowa) 474.

One not a party to proceedings to incorporate a town is not prevented, by recital in the order appointing commissioners to call an election that they were had before the court, to show they were had before the judge.-State v. Council (Iowa) 474.

2. Proceedings of council or other governing body.

Resolution of city council not adopted by majority of whole number of council, as required by Code, § 683, is void.-Cascaden v. City of Waterloo (Iowa) 333.

Where ordinance divides city into four wards, resolution changing two of them, and creating fifth, is void, under Code, § 681, when not containing "the entire ordinance or section revised or amended.-Cascaden v. City of Waterloo (Iowa) 333.

The failure of a city to record its ordinances as directed by its charter does not make them void. Allen v. City of Davenport (Iowa) 532.

Ordinances published in book form are presumed to have been signed by the mayor.-Allen v. City of Davenport (Iowa) 532.

§ 6.

Ordinances and resolutions. An ordinance held valid, though made under a statute that had been repealed by another statute containing similar provisions.-Allen v. City of Davenport (Iowa) 532.

Notice of the sitting of the city council as a board of equalization, under Comp. St. 1887, c. 12a, §§ 73, 85, is a prerequisite to legal action.Medland v. Connell (Neb.) 437.

8 7.

A paving assessment was sustained, though the grade of the street was established after the contract for paving was made.-Allen v. City of Davenport (Iowa) 532.

A paving contract requiring the contractor to not to provide for an expenditure for repairs of replace defective materials at his expense held streets, within Code 1873, § 465.-Allen v. City of Davenport (Iowa) 532.

A contract to pave a street "40 feet wide, less car tracks, 15 feet," held to include space of Detroit (Mich.) 307. between the flanges of the rails.-Grant v. City

caused by construction and permanent maintenance of the grade.-City of Omaha v. Flood (Neb.) 379.

Abutting owner's cause of action for injuries on change of grade accrues on the completion of the grade.-City of Omaha v. Flood (Neb.) 379.

Right of action for damages to abutting owner by use of street for highway by railway arises immediately on such use.-Kuhl v. Chicago & N. W. Ry. Co. (Wis.) 155.

Construction of railroad in street by consent of abutting owner gives him immediate right of action for consequential damages.-Kuhl v. Chicago & N. W. Ry. Co. (Wis.) 155. § 9.

Recitals in ordinance declaring new street open held not competent to establish jurisdiction of city council to levy special tax.-Merrill V. Shields (Neb.) 368.

A city council of a metropolitan city cannot pass an ordinance levying a special tax until, as a board of equalization, it has determined the sum to be assessed.-Medland v. Connell (Neb.) 437.

An assessment for a completed sewer will not be set aside on certiorari, where the charter was substantially complied with, and relator knowingly remained silent during the construction of the work.-State v. City of La Crosse (Wis.) 167.

532.

A special assessment for paving is not a "tax for city purposes," within the statute exempting lands used for agricultural purposes from such taxes.-Allen v. City of Davenport (Iowa) 532.

A paving assessment is invalid where the contract for the paving is void.-Allen v. City of Davenport (Iowa) 532.

A paving assessment held valid, though illegal charges for grading and interest were included therein. Allen v. City of Davenport (Iowa) 532. The front-foot rule is proper in making assessments for street paving.-Allen v. City of Davenport (Iowa) 532.

Record in condemnation proceedings considered, and held, that certain numbers should read $560 and $1,860, respectively, and not $56 and $186.-State v. Hunt (Minn.) 301.

and special taxes. City charter construed, and held, that lien of assessment for local improvements is paramount to all other interests therein.-Morey v. City of Duluth (Minn.) 829.

§ 11. Torts.

Where a city indirectly receives pay for the use of a steam road roller, it cannot escape liability for negligence in operating it on the ground that it was performing a public duty.-McMahon v. City of Dubuque (Iowa) 517.

Distinction between actions on corporate contracts in excess of the powers of a city and actions against corporations for injuries by torts of officers in the course of its business in excess of its powers stated.-Sacks v. City of Minneapolis (Minn.) 563.

City maintaining water plant for use of fire department held not liable for negligence of its officers in permitting hydrants to become clogged.-Miller v City of Minneapolis (Minn.) 788.

Under Sp. Laws 1891. c. 35. § 26, where assessment for special benefits by a public park is not confirmed within four months, jurisdiction to confirm is lost.-State v. District Court of Ramsey County (Minn.) 968.

Sp. Laws 1891, c. 35, where part of a lot is taken for public purposes, does not provide for assessing double benefits on the balance of the tract.-State v. District Court of Ramsey County (Minn.) 968.

Under Sp. Laws 1891, c. 35, property specially benefited by a park cannot be assessed for more than actual benefits.-State v. District Court of Ramsey County (Minn.) 968.

The cost of a public park, to the extent that it is a special benefit, may be assessed on property specially benefited.-State v. District Court of Ramsey County (Minn.) 968.

Where work on a public improvement was never completed and wholly abandoned by a city, an abutting owner paying an assessment thereon is entitled to recover the amount

SO

paid from said city.-McConville v. City of St. Paul (Minn.) 993.

City council of a city of the metropolitan class cannot sit as board of equalization to levy special taxes for improvement of street until report of freeholders assessing damages has been confirmed.-Merrill v. Shields (Neb.) 368. Burden of proof is on one asserting a lien under a special tax to show compliance with statutory requirements. · Merrill V. Shields (Neb.) 368.

Comp. St. c. 13a, § 67, subd. 6, making the duty of abutting owners to repair sidewalks, held not to relieve the city from that duty and consequent responsibility.-City of Lincoln v. O'Brien (Neb.) 76.

City charged with duty of maintaining sidewalks held liable for injuries to traveler caused by city's negligence. - City of Lincoln O'Brien (Neb.) 76.

Special findings in action against city and contractor for injuries caused by defective sidewalk held inconsistent.-Benson v. City of Madison (Wis.) 161.

Evidence held insufficient to show that a city sidewalk covered with snow, on which plaintiff fell and was injured. was defective, or to entitle her to recover.-Hyer v. City of Janesville (Wis.) 729.

The stoppage of surface water by grading streets, causing an overflow of contiguous property, held not an act on which an action for damages against the city can be predicated.→ Harp v. City of Baraboo (Wis.) 744.

The arrangement of ditches by a city in grading its streets, causing surface water to flood contiguous property, held not actionable.-Harp v. City of Baraboo (Wis.) 744.

§ 12. Fiscal management, public debt, securities, and taxation. Taxpayer has right of action to restrain city from holding election in new ward claimed to have been illegally created, and from expending public revenues in defraying expenses thereof.-Cascaden v. City of Waterloo (Iowa) 333.

A city held powerless to contract to pay for street paving after its constitutional limit of indebtedness was reached, though it expected to reimburse itself from special assessments.-Allen v. City of Davenport (Iowa) 532.