JUDICIAL NOTICE. § 712. In claim and delivery, a judgment in a former action against a third person, which invested plaintiff with the title of such third In civil actions, see Evidence, §§ 20, 43. person to the property, was admissible as a link in plaintiff's title.-Mathews v. Hanson (N. D.) 1116. (C) Matters Concluded. § 719. Effect of judgment as res judicata stated.-Davis v. Davis (S. D.) 715. XV. LIEN. JUDICIAL OFFICERS. See Judges; Justices of the Peace. JUDICIAL POWER. See Constitutional Law, §§ 67-74. JUDICIAL PROCESS. Garnishment lien, see Garnishment, § 105. Public Lands, § 140. Of execution, see Execution, § 129. 8764. While ordinarily a judgment is not a lien on personalty until levy thereon by execution, a chancery decree may, in terms, establish liens upon personalty as well as realty so as to bind all persons having notice thereof. -Kithcart v. Kithcart (Iowa) 305. § 787. A deed executed in performance of an oral agreement to hold an undivided half interest in real estate held to relate back to the date of the oral agreement, and to take precedence over an interest thereafter acquired against the trustee.-Blaha v. Borgman (Wis.) 1047. JUDICIAL SALES. Exemption of real property, see Homestead. Of property in possession of receiver, see Rcceivers, 142. Tax sales, see Taxation, §§ 627-685. To foreclose mortgages, see Mortgages, 88 510553. JURISDICTION. Amount or value in controversy, see Appeal and Error, § 52. Liability of mayor for imposing imprisonment in excess of jurisdiction, see False ImprisonOf courts in general, see Courts. ment, § 7. § 787. A contract for the sale of land held to vest in the purchaser an equitable interest consisting of the right to a conveyance in performance by him of the contract, and a convey-Jurisdiction of particular actions or proceedance vests a legal title as of the date of the ings. performance by him.-Blaha v. Borgman (Wis.) 1047. XVII. FOREIGN JUDGMENTS. § 819. While the findings and judgment of a court in another state were not as formal as required in South Dakota, yet held sufficiently formal to be valid.-Davis v. Davis (S. D.) 715. JUDICIAL ADMISSIONS. As evidence, see Evidence, § 207. JUDICIAL DISCRETION. See Quo Warranto, § 6. Abuse of discretion as ground for writ of prohibition by Supreme Court, see Courts, § 207. As to revival of action, see Abatement and Revival, 71. Cross-examination of witnesses, see Witnesses, § 267. Granting or refusing new trial, see Criminal Law, § 938. Opening or vacating judgment, see Judgment, $$ 139, 344. Review of discretion in civil actions, see Appeal and Error. §§ 941-984. Review of discretion in criminal prosecutions, JUDICIAL LEGISLATION. Encroachment by courts on legislative functions, see Constitutional Law, § 70. JUDICIAL MORTGAGE. See Judgment, §§ 764, 787. See Habeas Corpus, § 47. Bastardy proceedings, see Bastards, § 35. Criminal prosecutions, see Criminal Law, § 90. Preliminary proceedings in criminal prosecutions, see Criminal Law, § 207. Jurisdiction of particular species of property or Decedents' estates, see Executors and Administrators, 10. estates. Custody, conduct and deliberations, see Criminal Law, $858. In condemnation proceedings to assess compensation, see Eminent Domain, § 222. Instructions, see Criminal Law, §§ 772-789, 824, 829; Trial, §§ 194-296. Questions for jury in civil actions, see Trial, §§ 140, 142. Questions for jury in criminal prosecutions, see Criminal Law, §§ 736-741. Taking case or question from jury at trial, see Criminal Law, §§ 736-741; Trial, §§ 140. 142. Verdict in civil actions, see Trial, §§ 337-359. II. RIGHT TO TRIAL BY JURY. 12. The constitutional right of trial by jury which by Const. art. 1, § 9, is to remain inviolate, extends only to those cases where a jury was necessary according to common-law procedure.-State v. Henderson (Iowa) 767. 13. Issues of fact, in an action to compel defendant to close an opening in a lake, whereby plaintiff's land was flooded, held triable by the court, unless referred to a jury by the consent of the parties or order of court, under Rev. Laws 1905, § 4164.-Koeper v. Town of Laws 1889, c. 351, § 28.-Holmes v. Igo (Minn.) Louisville (Minn.) 218. 974. 13. Defendant, in an action to compel it to close an opening in a lake, which flooded plaintiff's land, to enjoin such flooding, and for incidental damages, held not entitled to a jury trial on the issues of damages.-Koeper v. Town of Louisville (Minn.) 218. 13. To determine on which side of the court, the jury or law side, or the court or equity side, an action is, reference must be had to the common law.-Grigsby v. Larson (S. D.) 856. § 14. Action to quiet title and cancel tax deed, where possession is not asked by either party, held equitable, so that a jury trial is not demandable as of right.-Peters v. Lohr (S. D.) 853. § 14. Complaint to quiet title held wholly on equity side of court, so that a jury was not demanded as of right.-Grigsby v. Larson (S. D.) 856. IV. SUMMONING, ATTENDANCE, DISCHARGE, AND COMPENSATION. § 66. Pol. Code, § 716, providing that, where sheriff is a party to a pending suit, the coroner shall serve in his place in drawing the jury, held mandatory.-Jones v. Woodworth (S. D.) 844. V. COMPETENCY OF JURORS, CHALLENGES, AND OBJECTIONS. $115. Challenge to array held to lie in a civil cause, though the Code of Civil Procedure makes no provision therefor.-Jones v. Woodworth (S. D.) 844. JUSTICES OF THE PEACE. III. CIVIL JURISDICTION AND AUTHORITY. $ 50. A judgment of a justice, rendered after a trial outside the territorial limits of his jurisdiction, is not void, where the trial was for the convenience of the parties or with their consent.-Holmes v. Igo (Minn.) 974. IV. PROCEDURE IN CIVIL CASES. § 87. Jurisdiction of a justice in garnishment held not lost by return of execution nulla bona (St. 1898, §§ 3700, 3723b).-Kremer v. Arians (Wis.) 1064. 887. Claim that judgment in garnishment was void because of absence of showing that sufficient property to levy on could not be found held fully met by return of the sheriff.-Kremer v. Arians (Wis.) 1064. § 107. A justice of the peace held to have lost jurisdiction by an adjournment.-Adams & Ford Co. v. Cullen (Mich.) 549. V. REVIEW OF PROCEEDINGS. $ 139. The decision by a justice of the peace, making special findings of facts to which there was no exception, held to involve a legal question only reviewable on writ of error under Code, § 4569.-A. A. Doolittle & Co. v. Porter (Iowa) 180. § 160. Notice of appeal from justice of peace to circuit court required by St. 1898, § 3754. held sufficient. Section 2767.-Kremer v. Arians (Wis.) 1064. § 161. An appeal from a justice to the municipal court of St. Paul held not brought on for trial within 20 days, as provided by Sp. § 164. Under Code, § 4574, the hearing on a writ of error to a justice of the peace must be had upon the return made by the justice.Schaefer v. C. W. Whitham & Son (Iowa) 763. 166. Under Rev. Laws 1905, § 3991, held, missing an appeal from a justice, may order the that the municipal court of St. Paul, in disjudgment affirmed, with costs.-Holmes v. Igo (Minn.) 974. § 183. Where no objection to a trial by a justice outside the territorial limits of his jurisdiction appears from the record, it will be presumed to have been with the consent of the parties, and therefore valid.-Holmes v. Igo (Minn.) 974. JUSTIFICATION. Defense to action for libel or slander, see Libel and Slander, §§ 94, 110. KEROSENE. Sale of colored kerosene oil, see Adulteration, § 4. KNOWLEDGE. Affecting competency of expert witness, see Evidence, 543. Element of estoppel in pais, see Estoppel, § 54. Of defect or danger as affecting assumption of risk by servant, see Master and Servant, § Of defect or danger as affecting contributory 217. negligence of servant, see Master and Servant, § 234. Of extent of authority of agent, see Principal and Agent, § 148. Opinion evidence founded on special knowledge as to subject-matter, see Criminal Law, § 452. Pleading want of knowledge in action against a minor, see Infants, § 92. Affecting or element of particular acts or trans actions. See Fraudulent Conveyances, § 163. Insurance or application therefor, see Insurance. $$ 377-379. Purchase of land, see Vendor and Purchaser, §§ 226-233. LABOR. See Master and Servant. Liens on logs for labor, see Logs and Logging, $ 25. Liens on real property for work and materials, see Mechanics' Liens. LACHES. Estoppel by acquiescence in sale of property, see Estoppel, § 94. Affecting particular rights, remedies, or proceedings. See Cancellation of Instruments, § 34; Mandamus, § 143. Action for fraud in exchange of property, see To confirm or try tax title, see Taxation, § 805. LANDLORD AND TENANT. Costs in proceedings to restrain liquor nuisance by lessees as lien on property, see Intoxicating Liquors, § 281. Lease of mines and mineral lands, see Mines and Minerals, § 64. Owner as necessary party to proceedings to re- II. LEASES AND AGREEMENTS IN the damages thereby sustained.-Norris v. MeFadden (Mich.) 54. VIII. RENT AND ADVANCES. (A) Rights and Liabilities. § 182. Where a lease contained an absolute Lease of mines and mineral lands, see Mines covenant to pay rent, other independent and and Minerals, § 64. (A) Requisites and Validity. § 28. A lessor of a building for a theater held liable for failing to disclose to the lessee defects in the building, because of a failure to comply with regulations adopted by the public authorities for the safety of the public.-Norris v. McFadden (Mich.) 54. IV. TERMS FOR YEARS. (C) Extensions, Renewals, and Options to Purchase or Sell. severable covenants, if invalid, will not affect the validity of the covenant to pay rent.-Cohen v. Conrad (Minn.) 992. § 187. A lessor of a building for a theater, suing for rent after the lessee vacated the premises on the ground of his inability to book performances on account of the condition of the building, may not rely on the fact that firemen placed by the fire marshal on the premises were trespassers.-Norris v. McFadden (Mich.) 54. $196. A tenant who remained in possession Parol evidence of agreement as to effect of after the expiration of his written lease, and without obtaining his landlord's consent to a holding over, see Evidence, § 445. modification of the lease held liable for rent for an additional term.-Waterman v. Le Sage (Wis.) 1041. $ 90. A printed form on the back of rent receipts held not to alone constitute a new contract for a renewal of the lease.-Waterman v. Le Sage (Wis.) 1041. $ 90. The presumption that a tenant who holds over renews the prior lease on like terms cannot be rebutted by proof of a contrary intention on his part.-Waterman v. Le Sage (Wis.) 1041. § 90. Where the tenant, after the expiration of the term, continues to occupy the leased premises without a new contract, it is a renewal of the prior lease on like terms.-Waterman v. Le Sage (Wis.) 1041. VII. PREMISES AND ENJOYMENT (D) Repairs, Insurance, and Improve- § 157. An agreement by a lessee of a building for a theater held not to bind him to make changes therein in conformity with orders of the city authorities.-Norris V. McFadden (Mich.) 54. (E) Injuries from Dangerous or Defective Condition. 8 164. In an action for injuries to a tenant by falling into a' partly filled cistern by the breaking of a sidewalk, evidence held to authorize an instruction on the landlord's duty with reference to repairs.-Carlon v. City Sav. Bank of Omaha (Neb.) 91. § 164. Repairs on rented premises accomplished by the landlord held so negligently done as to make the landlord liable for injuries to the tenant occasioned thereby.-Carlon v. City Sav. Bank of Omaha (Neb.) 91. § 169. Evidence, as to a landlord's negligence in refastening a loose porch railing connected with leased premises, held insufficient to present a question for the jury in a suit for personal injury to an employé of a tenant.-Potter v. Hourigan (Iowa) 884. (F) Eviction. 8177. Where premises under a lease were to be used for a restaurant only, and the sublessee undertook to sell cigars therein, that the plaintiff compelled him to discontinue such sales did not constitute a constructive eviction.-Cohen v. Conrad (Minn.) 992. § 178. A tenant by his action held to have waived the right to claim an actual eviction from part of the premises.-Cohen v. Conrad (Minn.) 992. (B) Actions. § 217. In action on a written contract to pay rent, where execution is denied, plaintiff, if pleading justifies, can recover as on a quantum meruit.-Stoddard v. Baker (Neb.) 159. (C) Lien. Protection of landlord's lien by injunction, see $248. Under Code, §§ 2992, 4008, held not error prejudicial to an intervener in attachment for alimony, claiming a lien for rent, to direct the satisfaction of a judgment lien out of the attached property.-Stoaks v. Stoaks (Iowa) 757. LANDS. Conveyances, see Deeds; Vendor and Pur chaser. Mortgage, see Mortgages. LANGUAGE. of statute; see Statutes, § 188. LARCENY. See Receiving Stolen Goods. Receiving deposits after insolvency of bank, see I. OFFENSES AND RESPONSIBILITY § 17. Sufficiency of the removal of property to constitute asportation stated.-State v. Rozeboom (Iowa) 783. II. PROSECUTION AND PUNISH MENT. (B) Evidence. Admissions by accused, see Criminal Law, § 406. Declarations, see Criminal Law, § 417. Testimony of accomplices, see Criminal Law, § 507. § 50. On a trial for larceny, evidence that ac cused made no defense in an action of replevin § 180. A lessee surrendering the premises because of the default of the lessor may recover LIBEL AND SLANDER. WORDS AND ACTS ACTIONABLE, § 1. In libel actions, "character" is synonymous with "reputation."-Lydiard v. Daily News Co. of Minneapolis (Minn.) 985. $ 7. As under Code, § 4831, a note which has been paid and returned to the maker is the subject of the larceny, to charge one with steal Former decision on appeal, see Appeal and Er- ing such a note is actionable per se.-Davis v. ror, §§ 1097, 1099. LAWYERS. See Attorney and Client. LEASE. See Landlord and Tenant. Mohn (Iowa) 206. $ 10. A publication concerning a member of Congress, charging that he was a falsifier of public documents, held not free from defamatory signification as a matter of law.-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. $ 10. An article charging a member of Congress with falsifying records held libelous per se. -Tawney v. Simonson, Whitcomb & Hurley Co. Of mines and mineral lands, see Mines and (Minn.) 229. LETTERS. $10. The word "falsifier" carries with it the ordinary meaning of "one who falsifies or deceives; a liar."-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. $ 19. That construction of alleged libelous words must be adopted which will give to the matter, construed as a whole, its natural and obvious meaning.-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. $ 19. Words susceptible of a libelous meaning may be intensified in that quality, or may be deprived of it, by construction in connection with other parts of the context.-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. § 32. The gist of a libel action is the damage to the reputation of the person attacked by the publication.-Lydiard v. Daily News Co. of Minneapolis (Minn.) 985. II. PRIVILEGED COMMUNICATIONS, AND MALICE THEREIN. § 42. Mere private investigations by officers or public authorities held to confer no more right upon a newspaper publisher to comment thereon than upon a private individual.—Williams v. Black (S. D.) 728. § 48. Private business affairs of citizen, not a public officer or candidate, held not within Admissibility of letters containing self-serving the rule of privileged communications.-Wildeclarations, see Evidence, § 271. liams v. Black (S. D.) 728. § 49. Newspaper held without greater priv-|To physician or surgeon, see Physicians and ilege to comment upon private citizen than a Surgeons, 5. private individual.-Williams v. Black (S. D.) 728. § 51. In an action for libel, express malice destroys the right of fair comment or criticism. Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. IV. ACTIONS. (B) Parties, Preliminary Proceedings, and Pleading. Aider by verdict, see Pleading, § 433. Demurrer to pleading good in part, see Pleading, 204. Judgment on pleadings, see Pleading; §. 345. Striking out amended pleading, see Pleading, § 356. 894. In an action for libel, the defense of truth held not made out, as a matter of law, on the face of the pleadings.-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. § 94. Justification of the truth of a libel, in order to constitute a defense, must be as broad as the charge.-Tawney v. Simonson, Whitcomb & Hurley Co. (Minn.) 229. 95. Answer in libel held to state facts sufficient to show mitigating circumstances that might prevent exemplary damages.-Williams v. Black (S. D.) 728. (C) Evidence. § 101. Where slanderous words are actionable per se, they are presumed to have been understood in their ordinary sense.-Davis v. Mohn (Iowa) 206. § 103. Refusal to strike out certain testimony of plaintiff in an action for slander held not error.—Weicherding v. Krueger (Minn.) 225. § 104. Previous utterances of slanderous words may be introduced, to show malice and to aggravate damages.-Weicherding v. Krueger (Minn.) 225. $110. Defendant in libel may, in defense and in mitigation of damages, prove plaintiff's bad character. Lydiard v. Daily News Co. of Minneapolis (Minn.) 985. § 110. Where one is charged in a publication with the commission of a specific offense, the publisher may show in defense that the offense was committed.-Lydiard v. Daily News Co. of Minneapolis (Minn.) 985. (D) Damages. Judgment on pleadings, see Pleading, § 345. § 119. Mental pain and suffering may be considered, in an action for slander, in determining the amount of damages.-Davis v. Mohn (Iowa) 206. (E) Trial, Judgment, and Review. § 124. In an action for slander in charging plaintiff with stealing a note, held not necessary to instruct that the slanderous words must be taken in the sense in which they were understood.-Davis v. Mohn (Iowa) 206.. LIBERTY. Constitutional guaranty of liberty to choose occupation, see Constitutional Law, § 88. Deprivation of personal liberty without due process of law, see Constitutional Law, § 257. LICENSES. I. FOR OCCUPATIONS AND PRIVI LEGES. § 1. A tax on the privilege of keeping dogs levied under Rev. Codes 1905, § 2864, subd. & is in the nature of a license.-Village of Literville v. Hanson (N. D.) 1119. II. IN RESPECT OF REAL PROP. ERTY. Injuries to licensees on or about railroads, se Railroads, §§ 275, 282. To cut and remove timber, see Logs and Logging, § 4. (A) Accrual of Right of Action or Defense. § 55. Cause of action for injury to crops of the injury, not from the date of the conby railroad embankment arises from the date struction of the embankment.-Reed v. Chicago, B. & Q. R. Co. (Neb.) 917. (B) Performance of Condition, Demand, and Notice. § 66. Limitations begin to run against assessments levied against members and policy holders of an insurance company by its receiver from the mailing of the notice thereof.-Pratt v. Broadwell (Mich.) 44. § 66. Where money is payable only on demand, the statute of limitations ordinarily gov erns the time for making the demand.-In re Fallon's Estate (Minn.) 994. § 66. Where money is payable only upon demand, limitations do not run until actual deSale of intoxicating liquors, see Intoxicating mand is made.-In re Fallon's Estate (Minn.) Liquors, 88 14, 15, 55, 58. 994. |