On property insured, see Insurance, § 330.

substantially the language of the statute, is sufficient.-State v. Miller (Iowa) 167.

§ 110. On a prosecution for practicing medicine without having recorded the required certifisufficient.-State v. Yates (Iowa) 174. cate, under Code, § 2580, the indictment held

110. An indictment held substantially in the language of Code, § 4943, and therefore sufficient. State v. Burns (Iowa) 600.

§ 110. Rule stated as to charging an offense in statutory language.-People v. Glazier (Mich.) 582.

$110. Under Comp. Laws, § 11,612, an indictment charging the unlawful appropriation to the use of a savings bank of money by the State Treasurer held sufficient.-People v. Glazier (Mich.) 582.

§ 119. An allegation in an information charging murder designating the offense as murder in the first degree is mere surplusage.-State v. Noah (N. D.) 1121.

INDEBTEDNESS.

Of intestate, liability of heirs and distributees, see Descent and Distribution, § 149. Of municipal corporations, see Municipal Corporations, § 870.

Of railroad companies, see Railroads, §§ 159197.

'INDEMNITY.

See Guaranty; Principal and Surety. Against mechanics' liens, see Mechanics' Liens, §§ 313-317.

To sheriff or constable, see Sheriffs and Constables, 88 148, 149.

§ 9. As a general rule, exemplary damages are not recoverable on an indemnifying bond, unless expressly so provided by the bond or by statute.-Constantine v. Rowland (Iowa) 189.

INDEPENDENT CONTRACTORS.

Liability of master for injuries to servant, see
Master and Servant, § 106.
Nature of relation, see Master and Servant,
§ 88.

INDICTMENT AND INFORMATION. See Grand Jury.

Review of questions as dependent on prejudicial nature of error, see Criminal Law, § 1167. For particular offenses.

See Homicide, § 139; Nuisance, § 91. Violations of liquor laws, see Intoxicating Liquors, §§ 221, 223.

Violations of municipal ordinances, see Municipal Corporations, § 639.

V. REQUISITES AND SUFFICIENCY OF ACCUSATION.

§ 122. Under Rev. Codes 1905, § 9792, disthe alleged offense as a second offense, though the complaint in justice court does not charge a second offense.-State v. O'Neal (N. D.) 68. § 122. Where complaint in justice's court charges that accused maintained a liquor nuisance in a building on a certain farm in a county named, the district attorney may file an information charging the offense as committed on a specifically described tract of land.-State v. O'Neal (N. D.) 68.

VI. JOINDER OF PARTIES, OFFENSES,
AND COUNTS, DUPLICITY,
AND ELECTION.

Election between acts of accused, proof of which is offered under one count, see Criminal Law, § 678.

$ 125. An indictment for practicing medicine without authority held not open to the objec tion of duplicity. Code, §§ 2579, 2580.-State v. Yates (Iowa) 174.

$ 125. Different acts enumerated disjunctively in a statute as constituting a specified crime may be conjunctively charged, or may be charg ed in different counts of the same indictment. -State v. Yates (Iowa) 174.

$127. Under Comp. Laws. § 11.614, an indictment charging a state treasurer with appropriating money to the use of a savings bank is not objectionable because it charges that the money was deposited at various times.-People v. Glazier (Mich.) 582.

VII. MOTION TO QUASH OR DISMISS, AND DEMURRER.

§ 137. Under Comp. Laws, §§ 11,919, 11,936, a variance as to date of committing offense held not ground for quashing information.-People v. Nichols (Mich.) 25.

IX. ISSUES, PROOF, AND VARIANCE. In prosecution for violations of liquor laws, see Intoxicating Liquors, § 223.

INDIGENT PERSONS.

Paupers.

INDIVISIBLE CONTRACTS.

INDORSEMENT.

INDUCEMENT.

In contracts, see Contracts, §§ 79, 88.

To confess to commission of offense, see Criminal Law, § 520.

INFANTS.

See Guardian and Ward.

Allowance for support of children from estate, of decedent, see Executors and Administrators, §§ 179–185.

Care required of master as to infant servant,
see Master and Servant, § 153.
Liability for false imprisonment of child, see
False Imprisonment, § 7.

Master's liability for injuries to infant employé, see Master and Servant, §§ 95, 129.

II. CUSTODY AND PROTECTION. Custody and support on divorce of parents, see Divorce, 88 303, 312. Habeas corpus to determine right to custody, decision of issue, see Habeas Corpus, § 99. Unauthorized employment as negligence, see Master and Servant, § 95.

Unlawful employment as affecting liability of master for injury to infant servant, see Master and Servant, § 95.

§ 14. Laws 1907, p. 405, c. 523, § 1728a, held to prohibit the employment of minors under 16 in certain occupations notwithstanding a permit from the commissioner of labor or other officer. Sharon v. Winnebago Furniture Mfg. Co. (Wis.) 299.

VII. ACTIONS.

$89. Under Code, § 3482, where a minor is properly served, and a guardian ad litem appointed, no further service is necessary, though the regular guardian be appointed before the return day.-Dillivan v. German Sav. Bank (Iowa) 350.

$ 89. Under Code, § 3533, held that return of service on a minor was insufficient.-Dillivan v. German Sav. Bank (Iowa) 350.

$92. Under Code, § 3567, an answer by a guardian ad litem that he has no knowledge as to the truth of the matters set up in the petition, and praying that the court protect the infant's rights, is sufficient.-Dillivan v. German Sav. Bank (Iowa) 350.

§ 102. An instruction on damages held not erroneous.-Sharon V. Winnebago Furniture Mfg. Co. (Wis.) 299.

§ 111. Under Code, §§ 3775, 4091, par. 6, a minor within one year after arriving at age may sue to set aside a decree shown by the record to be unauthorized.-Dillivan v. German Sav. Bank (Iowa) 350.

111. Under Code, §§ 3775, 4091, par. 6, an infant cannot come in with a new defense, or present new evidence and try the case anew. -Dillivan v. German Sav. Bank (Iowa) 350.

INFERIOR COURTS.

See Courts, §§ 188, 189.

INFLUENCE.

Undue influence affecting validity of will, see Wills, §§ 155, 166.

INFORMATION.

INFORMATION AND BELIEF.

Allegations on pleading on information and belief, see Injunction, § 144.

INFRINGEMENT.

Of patent, see Patents, §§ 265, 275.

INHERITANCE.

See Descent and Distribution.

INHERITANCE TAX.

See Taxation, §§ 860-895.

INJUNCTION.

Payment of attorney's fees from township funds in proceedings against township officer, see Towns, § 60.

Relief against particular acts or proceedings. See Nuisance, § 86.

Assessment for public improvements, see Municipal Corporations, § 513.

Assessment for taxation, see Taxation, § 498. Closing private railroad crossing, see Railroads, 102.

Enforcement of judgment, see Judgment, § 416. Violations of liquor laws, see Intoxicating Liquors, §§ 271-281.

Wrongful acts of trustees of religious society, see Religious Societies, § 9.

II. SUBJECTS OF PROTECTION AND RELIEF.

(A) Actions and Other Legal Proceedings. strain defendant from prosecuting or defend§ 26. An action cannot be maintained to reing any action on the ground that it would cause expense to plaintiff and the general public.-Hall v. Chicago, B. & Q. R. Co. (Iowa) 1073.

§ 26. In a suit to restrain an action for breach of a contract, where complainant claimed that the writing in question was not the agreement between the parties, which provided that the other party should not enter into the elevator business, held immaterial whether the motive requiring such a restriction was against public policy and in restraint of trade; the public not being a party.-Grand Trunk Ry. Co. of Canada v. Wolcott (Mich.) 530.

§ 27. Injunction held not to be issued to restrain entry of judgment for an excessive amount on judgment note where defendant is solvent.-Eller v. Miller (Wis.) 258.

(B) Property, Conveyances, and Incumbrances.

§ 36. In an action to restrain interference with a water course and trespass to land, held, that a bona fide dispute as to the fee would not prevent the court from passing upon the title, nor granting equitable relief.-Baldwin v. Fisher (Minn.) 1094.

(C) Contracts.

§ 57. A contract by which defendant became the special agent for the sale of plaintiff's patterns held sufficiently certain to sustain an action to restrain a breach thereof.-Butterick Pub. Co. v. Rose (Wis.) 647.

§ 58. Where there is mutuality of obligation under a contract injunction for the enforcement of a negative agreement will not be denied because the affirmative obligation could not be enforced by the same remedy.-Butterick Pub. Co. v. Rose (Wis.) 647.

(B) Continuing, Modifying, Vacating, or Dissolving.

Effect of appeal or other proceeding for review,
see Appeal and Error, § 447.
Effect of supersedeas or stay, see Appeal and
Error, § 488.

§ 161. The dissolution of a preliminary injunction is largely within the discretion of the trial court.-Hulan v. Murfin (Mich.) 574. VI. WRIT, ORDER OR DECREE, SERVICE, AND ENFORCEMENT.

Order in suit to restrain judgment, see Judgment, § 466.

§ 211. An injunction, staying proceedings at law in a pending case, does not affect the jurisdiction of a law court, nor affect the validity of the judgment therein obtained in disobedi ence to the injunction.-Hulan v. Murfin (Mich.) 574.

v. Rose (Wis.) 647.

859. Injunction held maintainable to prevent the violation by a railroad company of a switching contract; the remedy at law being inadequate.-Cedar Rapids & I. C. Ry. & Light Co. v. Chicago, R. I. & P. Ry. Co. (Iowa) 323. 8.60. Where the complaint shows a cause of action for restraining breach of contract, it is no defense that the injunction would amount to an attempt to compel defendant to perform personal services.-Butterick Pub. Co. v. Rose (Wis.) 647.

INJURIES.

INNOCENT PURCHASERS.

Mortgagees, see Mortgages, § 154. Of bills or notes, see Bills and Notes, § 362. of public lands, see Public Lands, § 89. of railroad, see Railroads, § 129.

IN PAIS.

Estoppel, see Estoppel, §§ 54-110.

INSANE PERSONS.

(E) Public Officers and Boards and Municipalities.

§ 84. An injunction will not issue to enjoin passage of alleged unauthorized resolution or ordinance.-Chicago, R. I. & P. Ry. Co. v. City of Lincoln (Neb.) 142.

III. ACTIONS FOR INJUNCTIONS.

§ 127. In an action to restrain trespass upon land and interference with a water course, evidence was admissible to show that plaintiff had sustained substantial damage from the obstruction of the water course and consequent overflow of his land. Baldwin v. Fisher (Minn.) 1094.

IV. PRELIMINARY AND INTERLOCUTORY INJUNCTIONS.

(A) Grounds and Proceedings to Procure. § 136. Right to temporary injunctional orders stated under St. 1898, § 2774.-St. Hyacinth Congregation v. Borucki (Wis.) 284.

§ 142. That the common vendor of lots subject to building restriction is not made a party to a bill by the purchaser of certain lots against the purchaser of others held not to justify refusal of preliminary injunction.-Allen v. Murfin (Mich.) 581.

§ 144. A bill for injunction on information and belief held sufficient on order to show cause if supported by proper evidence.-Allen v. Murfin (Mich.) 581.

§ 144. A bill on information and belief held alone not to justify preliminary injunction.Allen v. Murfin (Mich.) 581.

Criminal Law, § 452.

I. DISABILITIES IN GENERAL. Evidence of competency of testator, see Wills, § 53.

II. INQUISITIONS. Admissibility of record in criminal prosecution as affected by identity of names, see Names, $ 14. Judgment as evidence of competency of testator, see Wills, § 53.

III. GUARDIANSHIP.

§ 37. If a person for whom a guardian was appointed because of unsoundness of mind was not still of unsound mind when application was made to discharge the guardian, the application should have been granted.-In re Hall (Iowa) 621.

§ 37. The discharge of a guardian appointed for one of unsound mind did not necessarily imply a finding that the guardianship was not properly granted in the first instance.-In re Hall (Iowa) 621.

37. The fact that one for whom a guardian was appointed because of unsoundness of mind still believed that her children had not treated her properly, which belief she also held when the guardian was appointed, would not justify the continuance of the guardianship if she had recovered her sanity. In re Hall (Iowa) 621.

VIII. CRIMES.

Insanity as defense in criminal prosecutions, see Criminal Law, § 354.

II. INSURANCE COMPANIES.

(B) Mutual Companies. Accrual of cause of action to recover assessments, see Limitation of Actions, § 66.

§ 59. A dividend certificate issued by an insurance company held not a script dividend merely, to be rebated on premium when called for, without interest.-Hazelton v. New York Life Ins. Co. (Wis.) 1014.

§ 59. In an action on a dividend certificate

Estoppel by deeds and other instruments, see Estoppel,

32.

Parol or other extrinsic evidence, see Evidence, $$ 419-465.

Reformation, see Reformation of Instruments. Requisites and sufficiency of writing to satisfy statute of frauds, see Frauds, Statute of, §§ 103-118.

Verification of pleadings in actions on written instruments in general, see Pleading, § 291.

Particular classes of written instruments. See Assignments for Benefit of Creditors; Bills and Notes; Chattel Mortgages; Compromise and Settlement; Indictment and Information; Insurance; Mortgages; Release; Wills. Checks, see Banks and Banking, § 142. Contracts in general, see Contracts, §§ 42, 144217, 238.

Contracts of sale, see Sales, § 28.
Deeds, see Deeds.

INSULTING LANGUAGE.

In brief on rehearing as contempt of court, see Contempt, § 6.

INSURANCE.

Insurance on property as evidence of value, see Evidence, § 113.

I. CONTROL AND REGULATION IN GENERAL.

§ 16. A foreign life insurance company, which has surrendered its license and withdrawn its agencies from the state, held not "doing business" within St. 1898, § 1954, as amended by Laws 1907, c. 597.-State v. Columbian Nat. Life Ins. Co. (Wis.) 502.

27. No penalty can be recovered for violation of St. 1898, § 1953n, as amended by Laws 1907, c. 584, as no penalty is therein prescribed, and it is uncertain whether it was intended that the penalty provided by section 1954, as amended by Laws 1907, c. 597, or the penalty provided by section 19550-5 (Laws 1907, c. 483) should be imposed.-State v. Columbian Nat. Life Ins. Co. (Wis.) 502.

in the certificate, and whether the money or plaintiff's interest was so used as to charge defendant with interest or profits, held necessary. Hazelton v. New York Life Ins. Co. (Wis.) 1014.

V. THE CONTRACT IN GENERAL. (B) Construction and Operation.

§ 150. A printed indorsement on the back of a policy as to the nature of the insurance is not part thereof, and it is not to be presumed insured relied thereon rather than on his contract.-Hill v. Travelers' Ins. Co. of Hartford, Conn. (Iowa) 898.

§ 150. An insurance policy in usual form and paper attached thereto held together to constitute the contract.-Timlin v. Equitable Life Assur. Society of United States (Wis.) 253.

VI. PREMIUMS, DUES, AND ASSESS

MENTS.

(B) Matters Relating to Property or Interest Insured.

§ 327. A loss occurring eight miles distant from the place described in a policy insuring live stock held within the terms of the policy. -Cottrell v. Munterville Mut. Fire & Lightning Ins. Ass'n (Iowa) 612.

§ 328. A tornado policy held void at its issue, or became void on the transfer of the title, unless the knowledge of the soliciting agent was binding on insurer.-Dull v. Royal Ins. Co. (Mich.) 533.

§ 330. Where a fire policy provided that, if the property was or became incumbered, it should be void unless otherwise agreed, the subsequent execution of a mortgage thereon by the owner without the company's consent avoided the policy.-Moore v. Crandall (Iowa) 812. (E) Nonpayment of Premiums or Assess

ments.

$ 350. Under Code, §§ 1727, 1741, liability of an insurance company held not affected by

failure to pay premium notes, where the notes were not attached to the policy.-Robey v. State Ins. Co. (Iowa) 775.

§ 350. A form of life insurance policy providing that, if any premium or any note or part thereof is not paid when due, the policy shall be void, held inconsistent with Pub. Acts 1907, No. 187, § 1, subds. 1, 2, and unauthorized. Franklin Life Ins. Co. v. Commissioner of Insurance (Mich.) 522.

XI. ESTOPPEL, WAIVER, OR AGREEMENTS AFFECTING RIGHT TO AVOID OR FORFEIT POLICY.

§ 377. Knowledge of one soliciting a policy held not binding on insurer.-Dull v. Royal Ins. Co. (Mich.) 533.

§ 378. Where the agents of an insurance company knowingly made a false statement in an application for insurance, the insurance company was estopped to claim the policy invalid because of this false statement.-Eckert v. Century Fire Ins. Co. (Iowa) 170.

$378. Where an agent is personally interested in the property insured, no policy issued by him thereon, or act done by him in connection therewith, binds the insurer unless it knew and assented to it.-Dull v. Royal Ins. Co. (Mich.) 533.

$379. Where the agents of an insurance company filled out an application for insurance on plaintiffs' property from information furnished by plaintiffs, it was not negligence on plaintiffs' part to sign the application without reading it. -Eckert v. Century Fire Ins. Co. (Iowa) 170.

§ 382. Insurer held not to have waived stipulations in the policy.-Dull v. Royal Ins. Co. (Mich.) 533.

§ 388. A life insurance company held not to have waived condition of policy as to payment of premium and delivery of policy.-Dennis v. Fidelity Mut. Life Ins. Co. (Mich.) 575.

§ 395. A life insurance company held not estopped to rely on a condition of the policy that it should not be effectual till payment of first premium and delivery of policy.-Dennis v. Fidelity Mut. Life Ins. Co. (Mich.) 575. XII. RISKS AND CAUSES OF LOSS.

(E) Accident and Health Insurance. § 454. A limited health policy construed not to insure against death.-Hill v. Travelers' Ins. Co. of Hartford, Conn. (Iowa) 898.

XIII. EXTENT OF LOSS AND LIABILITY OF INSURER.

(D) Life Insurance.

522. The nature of the obligation of an insurance company to a policy holder under the tontine dividend periods is that of a debtor and creditor under the stipulations of the agreement. -Timlin v. Equitable Life Assur. Society of United States (Wis.) 253.

XIV. NOTICE AND PROOF OF LOSS. $559. A denial of liability on an insurance policy held to have waived the right to insist on a strict compliance with the terms of the certificate exacting preliminary notice and proof of loss.-Cottrell v. Munterville Mut. Fire & Lightning Ins. Ass'n (Iowa) 612.

XV. ADJUSTMENT OF LOSS. $572. Referees, adjusting losses under standard policy, must give interested parties opportunity to be heard.-Schoenich v. American Ins. Co. (Minn.) 5.

574. Failure to comply with provision of Rev. Laws 1905, § 1645, that referee appointed

to adjust losses under standard policy must be a resident of the state, renders the award void.Schoenich v. American Ins. Co. (Minn.) 5.

XVII. PAYMENT OR DISCHARGE, CONTRIBUTION, AND SUBROGATION.

Assignment to plaintiff of rights of insurance company after commencement of action for loss of property by fire, see Action, § 65.

XVIII. ACTIONS ON POLICIES. Positive and negative evidence, see Evidence, Right of action by husband in dividend certifi § 586.

cate issued to wife, see Husband and Wife, § 207.

§ 651. Evidence, in action on a life policy that the first premium was charged by the company to its agent, held immaterial.-Dennis v. Fidelity Mut. Life Ins. Co. (Mich.) 575.

§ 651. Where a life policy was not delivered till after death, held evidence of its return under threats was immaterial.-Dennis v. Fidelity Mut. Life Ins. Co. (Mich.) 575.

§ 651. Evidence that the agent of a life insurance company had given it a bond held immaterial on the question of payment or settlement of the first premium on a policy.-Dennis v. Fidelity Mut. Life Ins. Co. (Mich.) 575.

§ 665. The verdict in an action against an insurance company to recover for a mare found dead in a pasture held sustained by the evidence.-Cottrell v. Munterville Mut. Fire & Lightning Ins. Ass'n (Iowa) 612.

$665. Evidence held to sustain a finding that plaintiff had no knowledge that a referee selected by defendant insurance company was a nonresident.-Schoenich v. American Ins. Co. (Minn.) 5.

$665. In an action on a life policy, evidence held sufficient to show that a certain writing was delivered to insured attached to the policy. -Timlin v. Equitable Life Assur. Society of United States (Wis.) 253.

§ 668. The verdict in an action against an insurance company to recover for a mare found dead in a pasture held sustained by the evidence. Cottrell v. Munterville Mut. Fire & Lightning Ins. Ass'n (Iowa) 612.

XX. MUTUAL BENEFIT INSURANCE. (A) Corporations and Associations.

§ 693. Fraternal benefit association held not to have a representative form of government within Cobbey's Ann. St. 1909, § 6635 et seq.Briggs v. Royal Highlanders (Neb.) 911.

§ 693. Laws 1897, c. 47, did not by its own force amend the edicts of a fraternal benefit association so as to make its government representative in form.-Briggs v. Royal Highlanders (Neb.) 911.

§ 693. A fraternal insurance company cannot have the benefit of its by-laws and amendments unless certified copies thereof have been filed with the Auditor of Public Accounts.Metzger v. Royal Neighbors of America (Neb.) 913.

(B) The Contract in General.

§ 723. Expression "intemperate use of intoxicating liquors," in contract of insurance, defined.-O'Connor v. Modern Woodmen of America (Minn.) 454.

$723. Incomplete answer to question in application for life insurance held not to vitiate the policy.-O'Connor v. Modern Woodmen of America (Minn.) 454.