NEW TRIAL. Will not be granted for instructions not excepted to at the trial, unless Newly discovered evidence which is merely cumulative, no ground for. Newly discovered evidencc, held ground for. (Iowa, 246.) 678. Courts take judicial notice of acts of the legislature creating municipal corporations. (Minn. 201.) 345. Possession held to operate as constructive notice. (lowa, 6.) 400. ORDER. Modification of original, denied. (Minn. 206.) 350. OFFICIAL BOND. Judgment against principal on, admissible in an action against surety. PARENT AND CHILD. See GUARDIANSHIP. PARTIES TO ACTION. Non-joinder of parties occupying distinct portion of land no defence in Suit on completed contract of infant must be brought in infant's name. Party knowingly permitting his name to be used as plaintiff cannot PARTITION. Action in the form of, the attorney fees of plaintiff are not taxable as In pleading title to in, what sufficient to be alleged. (Minn. 216.) 698. Outgoing partner cannot be sued by firm for balance due from him to Commitment of two members of a firm under fraudulent debtor's act, Single partner cannot be committed under fraudulent debtor's act for After dissolution one partner cannot bind his former copartners by the Not liable under contract of one of the firm prior to the formation of. Dissolution of, by death of one member. (Iowa, 112.) 522. Liability of partners for unperformed contracts of firm, on death of one Finding of the court as to affairs of partnership and balance due af- Note of individual partner for money loaned to firm, is evidence that Contract of firm to guarantee notes-power of one partner to bind the Acceptance of note of one who denies partnership operates as a dis- Parties to partition suit may appeal and make the other parties re- One member of a firm cannot by his individual contract vary or change PART PERFORMANCE. See CONTRACT. PATENT. License, when valid consideration for promise to pay money. (Minn. Evidence of want of utility. (Minn. 194.) 338. PAUPER. Liability of county for medical attendance on pauper includes nursing PAW PAW, VILLAGE OF. Who has authority over certain highway in the village of. (Mich. PERSONAL INJURY. Action for, defendant is liable for the medical attendance, care and PLEADING. Sufficiency of complaint for damages caused by change of grade. (Wis. A denial of a signature by inference, held insufficient. (Wis. 614.) 26. Time to answer not shortened by defendants appearing on order to show A defective verification of a petition for attachment is amendable. (Iowa, 729.) 109. Allegations of petition held sufficiently specific. (Iowa, 94.) 504. Sufficiency of equitable defence in answer. General denial of value raises no issue. (lowa, 169.) 601. Certain answer to proceeding under tax sale construed. (Iowa, 172.) Are to be construed according to their evident intention, and their In pleading title to real estate, what should be alleged. (Minn. 216.) A complaint which shows the cause of action to be barred by the statute What should be alleged in an action against surety on attachment bond. Petition held sufficient to entitle p'aintiff to have his claim against A general denial in an action de bonis asportatis. (Wis. 736.) 830. Party in default cannot object to testimony offered. (Iowa, 667.) · 47. Case triable de novo, abstract must purport to contain all the evidence, PRACTICE-Continued. Attorneys appearing entitled to notice of subsequent proceeding, After appearance parties are entitled to notice of all proceedings. Stay of proceedings after trial commenced held improper. (Mich. 433.) 203. Reopening case on rebuttal is discretionary with the court. (Mich. Execution on judgment on transcript may issue, when. (Mich. 536.) 306. Objections to be reviewed must be excepted to. (Iowa, 33.) 427. Irregularity in jury must be excepted to before retirement. (Iowa, 154.) Amended abstract held properly served. (lowa, 169.) 601. Filing of amended abstract held unnecessary, and costs thereof disal- Case certified where less than $100 is involved, certificate should show Only questions raised in court below considered on appeal. (Iowa, Motion for continuance, when must be made. (Iowa, 243.) 675. PRINCIPAL AND AGENT. Signing a contract of principal by agent in his own name. (Iowa, 737.) 117. Stipulation in policy of insurance restricting power of agent, held bind- Presumption as to continuance of authority of special agent. (Iowa, PRIVILEGED COMMUNICATIONS. To physician, is privilege of patient. See LIBEL. See MALICIOUS PROSECUTION. PROHIBITION, WRIT OF. Defined-when the proper remedy. (Mich. 544.) 850. PROMISSORY NOTE. See BASTARDY; BILLS OF EXCHANGE; NEGOTI- ABLE INSTRUMENTS, What a sufficient denial of execution. (Wis. 614.) 26. Signature, when denied, may be proved by experts. (Wis. 614.) 26. Given for stock subscription. (Iowa, 747.) 127. Equities between the maker and payee of, arising after its transfer, will Application on appeal for leave to deny execution of note, denied. Effect of payment by one of two joint makers, within six years, is to Indorsement of, by one partner, after dissolution, does not bind his The consideration of certain notes held sufficient. (Iowa, 6.) 400. When party is entitled to attorney's fees in. (Iowa, 67.) 477 PROMISSORY NOTE-Continued. Given for intoxicating liquors sold in violation of law. (lowa, 104.) 514. Note described in mortgage, but never delivered. (Iowa, 109.) 519. Liability of accommodation maker, where the note is pledged as collat- Purchaser of accommodation note, after maturity, takes subject to all Consideration of a note held fraudulent as between the original parties When the holder of must show he is a bona fide purchaser. (Iowa, 287.) An indorser of, wishing to deny the receipt of notice of non-payment, PROTEST. When partners may waive notice and protest after dissolution. (Iowa, QUO WARRANTO. Attorney general has discretion in filing information for. (Mich. 435.) RAILROAD GRANT. After lands are certified it cannot be shown by parol that they belonged Have right to demand extra charge on passenger's failure to buy ticket. Company are released from all obligation to carry passenger who refuses Liability for failure to fence its road. (Minn. 209.) 353. Legislature may exercise a police power over, and compel the fencing Not entitled to tax voted to aid in the construction of, where it pur- Right of action for damages for trespass by. (Iowa, 52.) 462. Cannot contract to limit liability as carrier of blooded stock. (Iowa, Power of city to regulate right of, to occupy the streets. (Iowa, 292.) Liability of, for the violation of a city ordinance regulating them. RAPE. In a prosecution for, the natural and actual relation of the accused and Should show party entitled to some definite sum. (Mich. 526.) 296. RECOUPMENT. See FRAUDULENT REPRESENTATIONS. Certain proceedings in an action to redeem, and dismissal of bill. REFEREE. 14 REFEREE-Continued. Objection that referee had not been sworn, held not well taken. (Iowa, REFERENCE. Whiting v. Root, 3 N. W. REP. 134, (Iowa, 754,) followed, and reference RECEIVER. Practice as to appointment of, in proceeding supplemental. (Wis. The fact that no order for a receiver has been made, does not affect the To review appointment, abstract must contain all the testimony. (Iowa, REFORMATION OF DEED. In action by creditor for mistake to warrant, must be mistake of wife REHEARING. Questions not presented to the court below not reviewable on. (lowa, Petition for must be served on adverse party. (Iowa, 750.) 130. RELIGIOUS CORPORATIONS. See CORPORATION. REPLEVIN. Defendant not entitled to rely on title of third person. (lowa, 657.) 37. Title of officer to his office, making illegal levy, cannot be tried in an For goods levied upon, judgment of nonsuit. (Mich. 411.) 181. For logs cut under license. (Mich. 453.) 223. Evidence of assertion of ownership competent in an action of. (Mich.. Demand held not necessary before suit brought. (lowa, 33.) 427. Dismissal before issue joined no adjudication of ultimate right of pos- Plaintiff in, must recover upon his own title, not on the weakness of Death of stock replevied before judgment. (Iowa, 169.) 601. Measure of damages for refusal to accept an article to be manufactured. Notice of defective condition of goods sold held sufficient. (Mich. 401.) 171. Of growing crop must be in writing, acknowledged and recorded, when. Evidence of conditional sale held insufficient as constructive notice to Vendee not liable for goods shipped in excess of order. (Mich. 598.) When title to goods passes by sale from a general lot, without delivery. SALOON KEEPER. Liability of, for death of intoxicated man from exposure in consequence SET-OFF. Of joint debtors, must be joint demands. (Mich. 486.) 256. Burden of proof, upon the denial of. (Iowa, 220.) 652. |