A stipulation held to presume a waiver of all questions but one stated.-City of Menominee v. S. K. Martin Lumber Co. (Mich.) 704. Where all parties to action but one stipulate for judgment ignoring rights of such other party, judgment rendered accordingly is erroneous. -State v. Merchants' Bank of Lake City (Minn.) 31. STOCKHOLDERS. Of corporations, see "Corporations," § 2. STORAGE. See "Warehousemen." STREET RAILROADS. See, also, "Railroads." § 1. Construction and maintenance. City ordinance granting street railway right to operate its street-car system held to authorize it to lay and operate tracks and curves on streets leading to its barn.-Romer v. St. Paul City Ry. Co. (Minn.) 825. error.-Wilson (Minn.) 238. V. Minneapolis St. Ry. Co. In action for injuries by collision of street car with vehicle, instruction that street cars have only equal rights with traveling public in the streets, and must use as much care to avoid collision as owners of vehicles, held erroneous.-Wilson v. Minneapolis St. Ry. Co. (Minn.) 238. Evidence in action for injuries on track considered, and held to show plaintiff guilty of contributory negligence.-Downs v. St. Paul City Ry. Co. (Minn.) 408. Admission of rules of street-railway company, imposing a higher degree of care on the motoneer than the law requires, held prejudicial error.-Isaackson v. Duluth St. Ry. Co. (Minn.) 433. Evidence in action for injuries to person on track held sufficient to take the question of defendant's negligence and plaintiff's contributory negligence to the jury.-Isaackson v. Duluth St. Ry. Co. (Minn.) 433. The rule to look and listen before going on any electric railway is a rule of law, and nonobservance is negligence per se.-Cawley v. La Crosse City Ry. Co. (Wis.) 179. Evidence in action to recover for injuries on street-car track held to show contributory negligence on part of plaintiff.-Cawley v. La Crosse City Ry. Co. (Wis.) 179. 2. Regulation and operation. Instruction that driver of vehicle approaching street railway, and seeing car approaching, has a right to cross if he thinks he can safely, without looking a second time at the car, held See "Highways." STREETS. SUBROGATION. Of insurer, see "Insurance," § 14. Facts held not to entitle a purchaser at execution sale of the interest of the holder of an equitable interest to be subrogated to the rights of the holder of the legal title on paying a debt due the latter.-Sheppard v. Messenger (Iowa) 515. TAXATION. See, also, "Internal Revenue." Local or special taxes. See "Highways," §§ 2, 3; Municipal Corpora- Occupation or privilege taxes. Where bill of lading for wheat provided that deficiency in cargo should be paid for by carrier, and excess paid for by shipper, held that, when See "Intoxicating Liquors," § 1. carrier paid for such deficiency, it was subro§ gated to rights of shipper to recover deficiency from elevator.-Vega S. S. Co. v. Consolidated Elevator Co. (Minn.) 973. SUMMARY PROCEEDINGS. Collection of taxes, see "Taxation," § 4. Recovery of possession by landlord, see "Landlord and Tenant," § 7. See "Process." SUMMONS. SUNDAY. 1. Constitutional requirements and restrictions. Contract of city with plaintiff to furnish water for city purposes, in consideration of payment of taxes by city on plaintiff's waterworks, held in violation of Const. art. 9, §§ 1, 3, relating to taxation.-Little Falls Electric & Water Co. v. City of Little Falls (Minn.) 40. Sp. Laws 1887, providing that the county of Ramsey shall pay to each of the judges of the district court therein $1,500 annually, is constitutional.-Steiner v. Sullivan (Minn.) 286. Method provided for collecting amount loaned by state under the seed-grain act of 1893 held not taxation, but method of foreclosing Deering & Co. v. Peterson (Minn.) 568. statutory lien for money borrowed.-William Laws 1889, c. 14, § 15, subd. 3, providing for artesian well assessment, held unconstitutional. -Turner v. Hand County (S. D.) 589. § 2. Levy and assessment. The failure of a township board of review to meet on the first of two days fixed by Pub. estab-Acts 1893, No. 206, for hearing protests against assessments, held not to make the tax void.Wright v. Auditor General (Mich.) 11. The state may, as a police regulation, lish the first day of the week as a day of rest, and prohibit all labor or business except works of necessity or charity.-State v. Petit (Minn.) 225. Gen. St. 1894, § 6513, prohibiting barber shops from opening on Sunday, held not class legislation.-State v. Petit (Minn.) 225. Under the common law, all business except judicial proceedings could lawfully be transacted on Sunday.-Ward v. Ward (Minn.) 965. Gen. St. 1894, § 6517, prohibiting public selling and offering for sale publicly on Sunday, does not affect sales privately made nor forbid business transactions privately conducted.-Ward v. Ward (Minn.) 965. SUPERSEDEAS. Money received by a railroad company for services in switching is a part of its gross income, within Pub. Acts 1897, No. 228.-Detroit, G. R. & W. R. Co. v. Commissioner of Railroads (Mich.) 631. its loans and deposits is gross income, within Interest received by a railroad company on Pub. Acts 1897, No. 228.-Detroit, G. R. & W. R. Co. v. Commissioner of Railroads (Mich.) 631. road company, within Pub. Acts 1897, No. 228. The rent of tracks is gross income of a rail-Detroit, G. R. & W. R. Co. v. Commissioner of Railroads (Mich.) 631. On appeal or writ of error, see "Appeal and Er- tracks over which the company runs its trains, ror," § 7. SUPPLEMENTAL PLEADING. See "Equity," § 2; "Pleading," § 5. SUPPLEMENTARY PROCEEDINGS. See "Execution," § 6. SUPREME COURTS. See "Courts," § 6. SURETYSHIP. See "Principal and Surety." SUSPENSION. Of benefit insurance, see "Insurance," § 16. SWINDLING. See "False Pretenses." In fixing the mileage operated by a railroad company, under Pub. Acts 1897, No. 228, but in conjunction with other companies, should not be included.-Detroit, G. R. & W. R. Co. v. Commissioner of Railroads (Mich.) 631. An assessment to "S. K. M.," instead of S. K. Martin Lumber Co., held not to invalidate the tax, under Pub. Acts 1885, No. 153, § 89.City of Menominee v. S. K. Martin Lumber Co. (Mich.) 704. A taxpayer who is dissatisfied with the assessment should apply to the board of equalization. Medland v. Connell (Neb.) 437. Description of property in tax receipt held insufficient within Comp. Laws, § 1544.-Turner v. Hand County (S. D.) 589. § 3. Recovery of tax paid. Where second mortgagee pays taxes, held he is entitled to reimbursement, where his rights are cut off by expiration of redemption on foreclosure of first mortgage.-Norton v. Myers (Minn.) 298. § 4. Collection and enforcement against persons or personal property. The person to whom a nonresident's property is assessed under Laws 1893, Act No. 206, § 14, par. 8, held not entitled, in view of How. Ann. St. § 8318, to replevy property taken on a warrant for the assessment.-Forster v. Brown (Mich.) 646. A city held entitled, under Pub. Acts 1893, No. 206, § 40, to maintain assumpsit for taxes due, though its treasurer could not, because defendant was not the person against whom the tax was assessed.-City of Menominee v. S. K. Martin Lumber Co. (Mich.) 704. Evidence held to establish that a levy of coun ty taxes was fraudulent and excessive.-Medland v. Connell (Neb.) 437. Personal taxes cannot be collected by action where the only method authorized by statute is distress and sale.-Brule County v. King (S. D.) 107. An action on an agreement to submit distress liability for personal taxes to a court held an action to recover the taxes, notwithstanding the agreement is pleaded.-Brule County v. King (S. D.) 107. An agreement to submit the question of distress liability and the liability of property seized for the payment of personal taxes to a court for determination, held void, since it is not authorized by statute.-Brule County v. King (S. D.) 107. § 5. Sale of land for nonpayment of tax. Affidavit of publication of order and petition in tax-sale proceeding which does not allege that order preceded petition, as required by law, but which has attached to it single clipping containing complete publication in proper order, is sufficient.-Spaulding v. O'Connor (Mich.) 323. Affidavit of publication of order and petition in tax-sale proceeding held sufficient, though it merely referred to them as a "notice.”—Spaulding v. O'Connor (Mich.) 323. The state has an interest in lands struck off to it at a tax sale, to the extent of all delinquent taxes, including state, county, and city taxes.Dawson v. Peter (Mich.) 997. A sale for taxes due for one year does not discharge those levied and delinquent for previous years.-Medland v. Connell (Neb.) 437. A tax sale is invalid where it is not made for all delinquent taxes against the land, with interest and costs.-Medland v. Connell (Neb.) 437. In a suit to foreclose a tax lien, the defense that the levy exceeded the constitutional limit must be presented by answer.-Medland v. Connell (Neb.) 437. A private sale for taxes is invalid where the treasurer has failed to make return to the coun ty clerk of the public sale required by statute. -Medland v. Connell (Neb.) 437. § 6. Redemption from tax sale. A tax deed held properly canceled by the auditor, within Pub. Acts 1893, No. 206, § 98, subd. 2, on the ground that the tax had been seasonably redeemed.-Youngs v. Auditor General (Mich.) 5. Notice of expiration of time for redemption from tax sale, fixing the time at 90 instead of 60 days, as prescribed by statute, is insufficient.-Kipp v. Robinson (Minn.) 414. § 7. Tax titles. Under Pub. Acts 1893, p. 389, § 70, tax sales cannot be set aside for irregularity after confirmation except in cases where taxes were paid or property was exempt.—Spaulding v. O'Connor (Mich.) 323. Under Pub. Acts 1897, p. 288, § 70, leave to file bill of review to set aside tax sale after confirmation can only be allowed where total want of jurisdiction is shown, or where taxes were paid, or property was exempt.-Berkey v. Burchard (Mich.) 635; Burchard v. Berkey, Id.; Lord v. Dix, Id. When bill of review has been granted to set aside tax sale for cause mentioned in Pub. Acts 1897, p. 288, § 70, hearing must be confined to such cases.-Berkey V. Burchard (Mich.) 635; Burchard v. Berkey, Id.; Lord v. Dix, Id. state for taxes held sufficient, under 2 How. An auditor's tax deed of lands bid in by the Ann. St. § 5729.-Dawson v. Peter (Mich.) 997. A tax deed is not prima facie evidence of title, without proof of the regularity of all anterior proceedings.-Dawson v. Peter (Mich.) 997. Pub. Acts 1889, No. 195, § 67, and Pub. Acts 1893, No. 206, § 72, making tax deeds conclusive evidence of title in fee in the grantee, are unconstitutional.-Dawson v. Peter (Mich.) 997. Action by owner of land after entry of tax judgment, to have a part thereof declared void on the ground that the assessment was illegal, cannot be maintained.-Davis v. Board of Com'rs of Grant County (Minn.) 548. Judgment in proceedings to collect delinquent taxes held final, under Gen. St. 1894, §§ 1582. 1589, except as therein provided.-Davis v. Board of Com'rs of Grant County (Minn.) 548. Action to enforce tax lien is barred in five years.-Carson v. Broady (Neb.) 80. Where a tax sale is invalid, the purchaser is subrogated to the rights of the public.—Medland v. Connell (Neb.) 437. A tax deed of record for more than the full time limited by law for action to set it aside held effective to cut off all interest under prior tax deed.-Meldahl v. Dobbin (N. D.) 280. Void tax deeds held to constitute color of title. Parker v. Vinson (S. D.) 1023. that the proper seal was affixed to the deed.Complaint on tax deed held to sufficiently show Hunt v. Milier (Wis.) 874. held not demurrable, because stating gross sum Complaint on tax deed to bar former owner paid for taxes on several lots after issue of certificate.-Hunt v. Miller (Wis.) 874. A tax deed of tracts sold to the county and an individual held not to show that they were illegally sold to the county and the individual jointly.-Hunt v. Wenger (Wis.) 901. A tax deed, including tracts sold to different purchasers, need not show what particular tracts were sold to each, nor that the grantee who has acquired the certificates of sale by purchase took direct from the purchasers, nor name the suc cessive assignees, where there were more than one.-Hunt v. Wenger (Wis.) 901. TEACHERS. Where a person obtains a state assignment of See "Schools and School Districts," § 1. lands bid off by state at tax sale, he must pay interest on subsequent delinquent taxes, and owner who redeems must pay interest from the assignment on this interest as well as on all other sums.-McLachlan v. Carpenter (Minn.) 436. Notice of expiration of redemption from tax sale held not to comply with Gen. St. 1894, § 1654.-Mather v. Curley (Minn.) 957. TELEGRAPHS AND TELEPHONES. § 1. Operation. A principal held not guilty of contributory negligence in acting on a telegram changed in transmission, received from his agent, where the telegraph company informed him that it had been repeated and was correct.-Hasbrouck v. on short notice, a refusal to accept is a waivWestern Union Tel. Co. (lowa) 1034. er of its production.-Steckel v. Standley (Iowa) 489. A principal who authorized a settlement because of a telegram from his agent changed in transmission held not bound to attempt to rescind the settlement before suing for damages.Hasbrouck v. Western Union Tel. Co. (Iowa) 1034. A complaint held to show that a tender was kept good.-Dunn v. Dewey (Minn.) 793. by a demand for change, held sufficient when A tender of too large an amount, accompanied refused as insufficient in amount. People's Furniture & Carpet Co. v. Crosby (Neb.) 658. TERMS. Evidence of a principal that he would not have authorized a settlement had a message from his agent been delivered as sent held admissible in an action against the telegraph company for erroneous transmission.-Hasbrouck v. Western Of courts, see "Courts," § 2. Union Tel. Co. (Iowa) 1034. Where an agent effected a settlement because of an erroneous telegram, an instruction, in an TESTAMENTARY CAPACITY. action against the telegraph company, that his See "Wills," § 1. sioned the loss, held correct.-Hasbrouck V. See "Larceny." § 2. Mutual rights, duties, and liabilities of co-tenants. Petition for contribution between co-tenants held not by implication to state that they were partners.-Koboliska v. Swehla (Iowa) 576. Where co-tenant, at request of the other, pays mortgage, he is entitled to contribution, and to a lien on the other's interest.-Koboliska v. Swehla (Iowa) 576. Facts held to establish title by adverse possession by a tenant in common against his co-tenants. Casey v. Casey (Iowa) 844. Declarations of sole ownership by a tenant in common in possession are admissible to show intent to hold adversely, though not made in presence of co-tenants.-Casey v. Casey (Iowa) 844. Purchase by tenant in common of outstanding title held to inure to common benefit.-Carson v. Broady (Neb.) 80. Acquisition of outstanding title before becoming tenant in common does not inure to common benefit.-Carson v. Broady (Neb.) 80. Tenant in common leasing interest of co-tenant, and remaining in possession after the term, will be presumed to be holding under the lease. -Carson v. Broady (Neb.) 80. Co-tenants are liable inter se for liens against the common estate in proportion to their respective interests.-Oliver v. Lansing (Neb.) 802. Where tenant has paid more than his share of a charge on common property, he is to the extent of excessive contribution subrogated to rights of lien creditors. - Oliver v. Lansing (Neb.) 802. § 3. Rights and liabilities of co-tenants as to third persons. Where tenant in common is subrogated to rights of lien creditor because of incumbrance paid, the right does not pass under a mortgage conveying his undivided interest in the common property.-Oliver v. Lansing (Neb.) 802. THEFT. For carriage of passengers, see "Carriers,” § 2. TIME. For holding court, see "Courts," § 2. Gen. Laws 1889, c. 87, re-enacting the liquor law of 1878, providing for closing places where liquor is sold at 11 o'clock p. m., held to refer to standard time, as established at the time of its passage.-State v. Johnson (Minn.) 293. TITLE. Color of title, see "Adverse Possession." Particular species of property or rights. Titles of particular acts or proceedings. Statutes, see "Statutes," § 2. TOOLS. Liability of employer for defects, see "Master and Servant," §§ 3-8. TORTS. Measure of damages, see "Damages," § 2. Particular torts. See "False Imprisonment," § 1; "Forcible Entry and Detainer," § 1; "Fraud"; "Libel and Slander"; "Malicious Prosecution"; "Negligence"; "Nuisance"; "Trover and Conversion." Civil damages from sale of liquors, see "Intoxicating Liquors," § 6. Baker v. Anglim (Minn.) 45. Evidence held insufficient to sustain action. Rights of parties on surrender of lease determined.-Baker v. Anglim (Minn.) 45. TOWNS. See, also, "Counties"; "Schools and School Districts," § 1. § 1. Government and officers. The two oldest justices holding office at the time held to be members of township boards, under How. Ann. St. § 744, providing that such boards shall include two justices whose terms of office soonest expire.-Laroue v. Conway (Mich.) 11. TRANSCRIPTS. As evidence, see "Evidence," § 10. TRESPASS. To the person, see "False Imprisonment." TRESPASS TO TRY TITLE. See "Ejectment." TRIAL. of jury.-Rudiger v. Chicago, St. P., M. & O. Ry. Co. (Wis.) 169. § 4. Taking case or question from jury. A directed verdict cannot be sustained unless reasonable men could not differ as to the facts established by the evidence.-Morey v. Laird (Iowa) 835. Where evidence constituted a defense to a note sued on, if believed, it was error to direct a verdict for plaintiff.-Morey v. Laird (Iowa) 835. The weight of a concession entered in one trial held, in another action against another party, to be for the court.-Taylor v. State Ins. Co. (Iowa) 1032. Where there is no evidence of waiver of conditions in an insurance policy, held error to submit the question of waiver to the jury.-Cronin See, also, "New Trial"; "Reference"; "Wit- v. Fire Ass'n of Philadelphia (Mich.) 648. nesses. Proceedings incident to trials. Place of trial, see "Venue," § 3. Trial of particular civil actions or proceedings. Criminal prosecutions, see "Criminal Law," § 6. Trial of particular criminal prosecutions. § 1. Course and conduct of trial in general. Where a judge was taken sick after the testimony was in and closing arguments made, and was unable to charge the jury, it should have been discharged.-Rossman v. Moffett (Minn.) 960. For the court, on motion to direct a verdict for defendant, to first announce nonsuit granted, and, after noon recess, withdraw decision, and direct verdict, held harmless error.-Portance v. Lehigh Val. Coal Co. (Wis.) 875. § 2. Reception of evidence. An objection held insufficient to raise the objection that the witness was disqualified by Code, § 4604, prohibiting certain persons from testifying as to transactions with persons thereafter deceased. Burdick v. Raymond (Iowa) 833. An objection to an agent's admission for incompetency held insufficient.-Detzur v. B. Stroh Brewing Co. (Mich.) 948. An objection to a question for incompetency does not advise the court that its form is objectionable. Detzur v. B. Stroh Brewing Co. (Mich.) 948. Where testimony is received without objection, the disposition of a motion to strike it out for incompetency is discretionary with the trial court.-McClellan v. Hein (Neb.) 120. Admission of evidence in rebuttal which was proper in chief held in the discretion of the trial court.-McClellan v. Hein (Neb.) 120. It is proper to reject an offer of proof not within the limits of the question on which the offer is based.-Barr v. Post (Neb.) 123. Evidence held admissible in rebuttal.-Union Stock-Yards Co. v. Goodwin (Neb.) 357. §3. Arguments and conduct of counsel. Misconduct of plaintiff's counsel held no ground for new trial.-Barr v. Post (Neb.) 123. Improper remarks of counsel held not cured by ruling, excluding them from consideration Directing verdict on conflicting evidence held error.-Morton v. Harvey (Neb.) 808. A party held to have submitted all questions of fact for the determination of the court.First Methodist Episcopal Church v. Fadden (N. D.) 615. motion to dismiss for insufficient evidence held In action to recover for injuries to employé, improperly granted.-Cameron v. Great Northern Ry. Co. (N. D.) 1016. Where a verdict for one party would have to be set aside, a verdict for the other could properly be directed.-Fisher v. Porter (S. D.) 112. The weight to be given to particular evidence is for the jury.-Kuenster v. Woodhouse (Wis.) 165. Where the evidence is not susceptible of conflicting inferences, motion to direct verdict should be granted as of right.-Cawley v. La Crosse City Ry. Co. (Wis.) 179. Plaintiff must prove the manner and cause of an accident by which she was injured, and, if the circumstances are as consistent with a theory not actionable as otherwise, defendant is entitled to the direction of a verdict.-Hyer v. City of Janesville (Wis.) 729. § 5. Instructions to jury. Instruction in action on contract held erroneous, as a departure from issues.-Pitstick v. Osterman (Iowa) 815. Objection that instruction is not sufficiently comprehensive is insufficient, in absence of request on point involved. - Ware Cattle Co. v. Anderson (Iowa) 1026. Division of a requested interrogatory into two, containing all that was in the one, is not prejudicial error.-Pratt v. Chicago, R. I. & P. Ry. Co. (Iowa) 1064. insurance company to take affirmative action in Instructions held not defective as requiring an annulling an agent's bond in order to release sureties. Union Cent. Life Ins. Co. v. Smith (Mich.) 706. has already been given in substance.-Nye & It is proper to refuse an instruction which Schneider Co. v. Snyder (Neb.) 118. A positive misstatement of the law in an instruction is not cured by a further correct statement.-Missouri Pac. Ry. Co. v. Fox (Neb.) 130. An instruction that contributory negligence presupposes defendant's negligence held not prejudicial to defendant.-Union Stock-Yards Co. v. Goodwin (Neb.) 357. Instructions which leave the jury at liberty to find facts of which there is no evidence are erroneous.-State v. Bartley (Neb.) 438. Error in instruction excluding from consideration material issues held not cured by other |