Mandamus to public officers in general, see Mandamus, §§ 63-77. OPTIONS. Mandamus to try title to office, see Mandamus, As property subject to descent or distribution, § 77. Regulation and conduct of elections in general, see Elections. see Descent and Distribution, § 8. (G) Resignation, Suspension, or Removal. See Mines and Minerals. ORGANIC LAW. ORGANIZATION. the relation of voters to remove a prosecuting See Constitutional Law. III. RIGHTS, POWERS, DUTIES, AND Of corporations in general, see Corporations, LIABILITIES. $30. OUTSTANDING TITLE. § 100. Under St. 1898, §§ 694, 698, and Laws 1903, c. 307, a county superintendent of schools As defense to ejectment, see Ejectment, § 25. held not entitled to an increase in his salary under an order of the county board made during the term of his office.-Sheboygan County v. Gaffron (Wis.) 542. § 110. As a general rule, the duties imposed by law on public officers are functions and attributes of the office, and not the officer.-State v. Johnson (Minn.) 479. OFFSET. See Set-Off and Counterclaim. OIL. Regulation of sale of flaxseed or linseed oil as denial of right of property, see Constitutional Law, 87. Right to question constitutionality of statute prohibiting discrimination in sale, see Constitutional Law, § 42. OPENING. Judgment, see Judgment, §§ 138, 163, 342. OPINION EVIDENCE. OVERFLOW. Of land in general, see Waters and Water OVERT ACT. Element of conspiracy, see Conspiracy, § 5. OWNERSHIP. Of land as affecting right to mechanic's lien for PAIS. Estoppel in pais, see Estoppel, §§ 56-110. PANAMA. Canal zone as territory beyond the seas within See Criminal Law, §§ 456-489; Evidence, 88 Liability of carrier for loss of goods, see Car471-568. OPINIONS. Formation and expression of opinion as to cause as affecting competency of jurors, see Jury. § 103. riers, 404. PARENT AND CHILD. See Guardian and Ward; Infants. Father as natural guardian of child, see Guard- | is merely formal.—Searles v. Northwestern Mut. ian and Ward, § 4. Life Ins. Co. of Milwaukee (Iowa) 801. Admissions by parties as evidence, see Evidence, § 226. Domicile or residence as determining venue, see Venue, § 19. Interpleading, see Interpleader. Joinder of causes of action as affected by parties involved, see Action, § 50. Laws relating to parties to actions as depriving of property without due process of law, see Constitutional Law, § 309. Political parties, see Elections, §§ 120, 126. Rights and liabilities as to costs, see Costs. In actions by or against particular classes of persons. See Corporations, § 319; Municipal Corporations, § 513. Corporate officers, see Corporations, § 319. In particular actions or proceedings. See Mandamus, §§ 151-160. In justice's court, see Justices of the Peace, § 77. On insurance policy, see Insurance, § 624. To set aside municipal assessment, see Munic-| ipal Corporations, § 513. Review as to parties, and parties to proceedings in appellate courts. Parties to appeal or writ of error, see Appeal and Error, § 327. Persons entitled to review, see Appeal and Error, § 150. To conveyances, contracts, or other transactions. Joint interests, see Joint Adventures. II. DEFENDANTS. Action to set aside municipal assessment, see Municipal Corporations, § 513. (B) Joinder. § 29. No notice will be taken of the omission of parties whose relation to the matter involved § 32. Scope of rule requiring all parties with Searles v. Northwestern Mut. Life Ins. Co. of interests in litigation to be brought in, stated. Milwaukee (Iowa) 801. § 34. Impossibility of bringing in necessary parties is an excuse for not doing so, even in equity.-Searles v. Northwestern Mut. Life Ins. Co. of Milwaukee (Iowa) 801. III. NEW PARTIES AND CHANGE OF PARTIES. Interpleading, see Interpleader. V. DEFECTS, OBJECTIONS, AND AMENDMENT. Amendment after remand by appellate court, see Appeal and Error, § 1201. Grounds for abatement, see Abatement and Revival, § 27. § 82. Suits held defeated through want of jurisdiction of necessary parties.-Searles v. Northwestern Mut. Life Ins. Co. of Milwaukee (Iowa) 801. § 84. Under Code, § 3466, remedy to bring in necessary parties, stated.-Searles v. Northwestern Mut. Life Ins. Co. of Milwaukee (Iowa) 801. PARTITION. II. ACTIONS FOR PARTITION. Collateral attack on judgment construing will, see Judgment, § 493. Collateral attack on partition proceedings, see Judgment, § 518. Pendency of other action as ground of abatement, see Abatement and Revival, § 6. (B) Proceedings and Relief. § 57. In an action by heirs for partition of property of their deceased mother, the latter's husband could allege facts by way of counterclaim showing that he was entitled to relief as tenant in common of the property.-Scheiner v. Arnold (Wis.) 17. § 114. Rule as to taxation of attorney's fees in partition, stated.-Hawk v. Day (Iowa) 955. PARTNERSHIP. See Joint Adventures. Admissions by partners, see Criminal Law, § 410. Payment of firm debts by note of individual partner, see Payment, § 67. IV. RIGHTS AND LIABILITIES AS TO THIRD PERSONS. (A) Representation of Firm by Partner. § 125. A member of a firm is not the agent of each partner individually, and cannot bind any member less than the whole as a firm.-State v. Burns (S. D.) 572. (B) Nature and Extent of Firm Liabilities. $ 175. One partner held not generally liable for the crime of a copartner.-State v. Burns" (S. D.) 572. (D) Actions by or Against Firms or Part ners. § 217. In an action against a firm for an amount received by them for cattle sold for plaintiff as commission merchants, in which the defense was payment by the individual note of a partner, a question to such partner whether he had authority to sign the firm name except as manager thereof held properly excluded.— PENDENCY OF ACTION. Another action pending as ground for abatement, see Abatement and Revival, § 6. PEREMPTORY INSTRUCTIONS. See Criminal Law, § 753; Trial, § 168. Time of performance of contracts as affecting application of statute of frauds, see Frauds, Statute of, § 43. Of particular classes of duties or obligations. Contract in general, see Contracts, §§ 274-324. Contract for transportation of passengers, see Carriers, 271. Contract of sale, see Sales, §§ 168-181; Vendor and Purchaser, §§ 135, 143. Contract within statute of frauds, see Frauds, Statute of, § 129. Contract with municipal corporation, see Municipal Corporations, §§ 356, 365. Principal contract for improvements on land as affecting right of contractor to mechanic's lien, see Mechanics' Liens, § 93. Services by broker, see Brokers, §§ 49-53. PERJURY. I. OFFENSES AND RESPONSIBILITY THEREFOR. 10. The addition of the words "So held you God," in administering an oath to a deponent, held not essential to a prosecution for perjury. -State v. Hulsman (Iowa) 700. § 12. A conviction for perjury could not be had in the absence of a finding that the material matters stated were untrue in fact.State v. Hulsman (Iowa) 700. II. PROSECUTION AND PUNISHMENT. § 29. Both an indictment for perjury and the proof thereunder must traverse the truth of the testimony claimed to be false.-State v. Hulsman (Iowa) 700. PERMANENT ALIMONY. See Divorce, § 240. PERPETUATION OF TESTIMONY. See Depositions. PERPETUITIES. § 6. Deeds held not void as violative of the statute against perpetuities.-Root v. Snyder (Mich.) 206. $ 8. Where a will making a gift for masses equitably converted the real estate into personalty, the statutes relating to perpetuities did not apply. In re Kavanaugh's Estate (Wis.) 672. PERSONAL INJURIES. Causing death, see Death, §§ 19, 64. Risks and causes of loss within accident insurance policy, see Insurance, §§ 451, 457. Particular causes or means of injury. See Assault and Battery; Explosives, § 9. Acts or omissions of carrier, see Carriers, §§ 316-321. Acts or omissions of municipality in general, see Municipal Corporations, §§ 751-821. Acts or omissions of municipal officers or agents, see Municipal Corporations, §§ 751, 752. Defects or obstructions in highways, see Highways, 187. Defects or obstructions in streets, see Municipal Corporations, §§ 763, 821. Malpractice or negligence of physician or surgeon, see Physicians and Surgeons, § 15. Negligence in general, see Negligence. Operation of railroads, see Railroads, §§ 282, 327-351, 360–398. Operation of street railroads, see Street Railroads, §§ 81-118. Particular classes of persons injured. Employés, see Master and Servant, §§ 90-297. Passengers, see Carriers, §§ 316-321, 347. Persons attending theaters or other places of public amusement, see Theaters and Shows, § 6. Travelers on highways, see Highways, § 187. Travelers on streets, see Municipal Corporations, 763, 821. See Damages. Remedies. Assignment of cause of action, see Assignments, § 24. Evidence admissible as part of res gestæ, see Evidence, 123. Release of claim for damages, see Release, §§ 16, 17, 21, 57. Right of action by infant, see Infants, § 72. PERSONAL JUDGMENT. Bar by limitations of right to personal judgment as affecting right to enforce claim against attached property, see Limitation of Actions, 170. PERSONAL PROPERTY. Assets of estate of decedent, see Executors and Administrators, § 52. Gift, see Gifts. In actions by or against particular classes of persons. See Counties, 196; Landlord and Tenant, $ 230; Master and Servant, § 262; Municipal Corporations, § 816. Insurance companies, see Insurance, §§ 629, 815. Railroad company, see Waters and Water Courses, 126. Taxpayers, see Counties, § 196. In particular actions or proceedings. See Attachment, § 212; Ejectment, § 76; Habeas Corpus, 88 54, 75, 79; Interpleader, § 23; Mandamus, § 160; Partition, § 57; Quieting Title, § 34; Replevin, § 57. For breach of contract in general, see Contracts, § 333-350. For breach of warranty of goods sold, see Sales, § 435. For fraud, see Fraud, § 47. For injuries from defects or obstructions in streets, see Municipal Corporations, § 816. For injuries, from negligence, see Negligence, §§ 111, 119. For injuries from sale of liquor, see Intoxicating Liquors, § 306. For injuries to servants, 'see Master and Serv ant, § 262. For interference with trade, see Torts, § 26. On bills or notes, see Bills and Notes, § 468. § 8. An allegation in a complaint that an ordinance annexing territory to a city was not published in accordance with law is a conclusion of law, and fails to sufficiently plead defective publication.-Lutien v. City of Kewaunee (Wis.) 662. § 34. A complaint demurred to as not stating a cause of action will be upheld, where it contains facts sufficient reasonably to apprise defendant of the nature of the claim against him. -Weber v. Lewis (N. D.) 105. In particular actions or proceedings. See Habeas Corpus, 8 54; Partition, § 57; Quieting Title, § 34; Replevin, § 57. For breach of contract, see Contracts, §§ 333350. For damages from sale of intoxicating liquors, see Intoxicating Liquors, § 306. For injuries from defects in sidewalk, see Municipal Corporations, § 816. For injuries from negligence in general, see Negligence, §§ 111, 119. For libel or slander, see Libel and Slander, § 80. For wrongful discharge of surface waters, see Waters and Water Courses, § 126. On bills or notes, see Bills and Notes, § 468. To enforce specific performance, see Specific Performance, § 114. To establish highway, see Highways, § 29. 8382. The function of a complaint is to inform defendant of the nature of plaintiff's demand, that he may prepare his defense.-Weber v. Lewis (N. D.) 103. § 46. In an action by one of a class on behalf of himself and others similarly situated, the complaint held required to allege that the action was brought on behalf of plaintiff and others similarly situated.-Thorndike v. City of Milwaukee (Wis.) 881. III. PLEA OR ANSWER, CROSS-COM- In action for injuries to servants, see Master and Servant, § 262. Operation and effect as appearance, see Appear ance. Return to writ of habeas corpus, see Habeas Corpus, §§ 75, 79. (A) Defenses in General. § 93. In view of St. 1898, § 2657, two defenses held not inconsistent.-Gerbig v. Bell (Wis.) 871. (E) Set-Off, Counterclaim, and Cross-Complaint. In partition suit, see Partition, § 57. § 149. In view of Code, § 3574, held that it was proper practice for a defendant in an action on a bond to secure corporate debts, to set up a certain matter by a cross-petition.-Minden Canning Co. v. Hensley (Iowa) 1115. IV. REPLICATION OR REPLY AND SUBSEQUENT PLEADINGS. In avoidance of defense of statute of limitations, see Limitation of Actions, § 189. V. DEMURRER OR EXCEPTION. Operation and effect as appearance, see Appearance, § 10. § 192. A demurrer held improper where substantial facts constituting a cause of action are stated in a complaint or can be inferred by reasonable intendment from matters set forth.-. Weber v. Lewis (N. D.) 105. § 192. Under the Code, allegations of a legal conclusion, instead of facts upon which it is based, do not ordinarily render a pleading bad on general demurrer.-Weber v. Lewis (N. D.) 105. § 205. Sufficiency of a petition as against general demurrer stated.-Hallstead v. Perrigo (Neb.) 1078. § 205. A general demurrer to the complaint on the ground that a cause of action is not not to raise the question of misjoinder of parstated against the demurring defendant held ties or causes of action (St. 1898, § 2649, subds. 4, 5, and section 2651).-Cummings v. Chicago, B. & Q. R. Co. (Wis.) 664. § 214. A general demurrer to a petition admits the truth of all allegations well pleaded therein.-Hallstead v. Perrigo (Neb.) 1078. VI. AMENDED AND SUPPLEMENTAL PLEADINGS AND REPLEADER. In ejectment, see Ejectment, § 76. In lower court after remand by appellate court, see Appeal and Error, § 1201. Review of decisions, see Appeal and Error, § 195. sessment, if it was error to admit proof of no§ 237. In a suit to set aside a sidewalk as tice to city that the walk was worthless, the complaint should have been amended to conform to the proof, and, if defendant was surprised, it should have been given reasonable opportunity to meet such proof.-Eiermann v. City of Milwaukee (Wis.) 53. $ 245. Plaintiff held entitled to amend before verdict, so as to increase the amount of damages claimed.-Delashmutt v. Chicago, B. & Q. R. Co. (Iowa) 359. VII. SIGNATURE AND VERIFICATION. $290. Effect of Code, § 3640, relating to pleading, stated.-Hoppes v. Des Moines City Ry. Co. (Iowa) 783. $290. Under Code, § 3640, the genuineness of a signature on a written assignment attached to a petition held admitted because not denied under oath.-Hoppes v. Des Moines City Ry. Co. (Iowa) 783. XI. MOTIONS. Decisions reviewable, see Appeal and Error, § 103. Review of decisions on motions, see Appeal and Error, § 103. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER |