Of amount required to redeem from tax sale, | Appeal in proceedings to establish drains, see see Taxation, § 710. Of conveyance as condition precedent to action to foreclose vendor's lien, see Vendor and Purchaser, § 273. § 14. Civ. Code, §§ 1164, 1165, considered, and a tender by the owner to a subcontractor, conditioned that the subcontractor give a satisfaction in full, held bad, where the amount due was disputed and the subcontractor claimed a greater sum than that tendered.-Pittsburg Plate Glass Co. v. Leary (S. D.) 271. TENDER OF CONSIDERATION. As condition of avoidance of release, see Release, § 24. Drains, § 36. Entry of judgment in justice's court, see Justices of the Peace, § 125. Filing affidavit of prejudice, see Judges, § 51. Objection to verdict, see Trial, § 345. 291. Rendition of judgment, see Judgment, § 210. Service of bill of exceptions, see Exceptions, Bill of, § 46. For particular acts not judicial. Attaching of attorney's lien, see Attorney and Client, § 183. Attack on ordinance annexing territory to city, see Municipal Corporations, § 33. Filing claim or statement of mechanic's lien, see Mechanics' Liens, § 132. Notice and proof of loss under insurance policy, see Insurance, § 539. Performance of contract of sale, see Vendor and Purchaser, § 77. Proof of loss under insurance policy, see Insurance, 789. Rescission of contract of sale, see Vendor and Purchaser, § 119. Review of proceedings to alter school district, see Schools and School Districts, § 39. § 4. Under Code. $ 48, par. 11, the word "year," in section 2450, held to mean a calendar year.-Sawyer v. Steinman (Iowa) 1123. TITLE. By dedication, see Dedication, §§ 54, 64. Jurisdiction of justices' courts of questions involving title to real property, see Justices of the Peace, § 36. Of lessor, see Landlord and Tenant, §§ 53-66. Of third person as defense to ejectment, see Ejectment, § 25. Of vendor, sufficiency to support contract of sale, see Vendor and Purchaser, §§ 135, 143. Removal of cloud, see Quieting Title. Retention of apparent title by grantor as element of fraud as to creditors or subsequent purchasers, see Fraudulent Conveyances, § 154. Tax titles, see Taxation, §§ 727-809. Particular matters affecting title. See Adverse Possession; Dedication; Deeds; Descent and Distribution; Mortgages. Estoppel by failure to assert title, see Estoppel, $ 70. Sale of personal property in general, see Sales. Sale of real property in general, see Vendor and Purchaser. Particular species of property or rights. See Bills and Notes, §§ 357, 467, 525. Title necessary to maintain particular actions. See Ejectment, § 9; Quieting Title, § 10. Titles of particular acts or proceedings. See Statutes, §§ 109-123. Municipal ordinances, or by-laws, see Municipal Corporations, § 112. TOOLS. Liability of master for injuries to servant from defects in or failure to furnish tools, see Master and Servant, §§ 101-111, 235. TORTS. Liabilities of particular classes of persons. See Carriers, §§ 105, 108-134, 159, 316-221 404-408; Corporations, $$ 492-498; Municipal Corporations, §§ 751-821; Railroads, §§ 282, 327-351, 360-398, 411-441; Street Railroads, §§ 81-118; Towns, § 45. Agents, see Principal and Agent, § 161. Employers, for injuries to employés, see Master and Servant, §§ 90-297. Employés, for injuries to third persons, see Master and Servant, § 304. Proprietors or managers of theaters or other places of public amusement, see Theaters and Shows, § 6. Telegraph or telephone companies, see Telegraphs and Telephones, §§ 15, 34-74. Liabilities respecting particular species of prop erty or instrumentalities. See Explosives, § 9; Railroads, §§ 282, 327351, 360-398, 411-441; Street Railroads, §§ 81-118; Telegraphs and Telephones, §§ 15, 34-74. Injuries from defects or obstructions in streets, see Municipal Corporations, §§ 763, 821. Streets and highways, see Highways, § 187; Municipal Corporations, §§ 763, 821. Tools, machinery, appliances, and places for work, see Master and Servant, §§ 101-111. Particular torts. produced by fear from their presence.-Beck v. Luers (Iowa) 811. § 10. One preventing sales by false representations held guilty of an unlawful act.Dunshee v. Standard Oil Co. (Iowa) 342. § 14. In an action on a note, a counterclaim setting up that the note was bought and the action brought thereon for the purpose of oppressing defendant held not to state a cause of action.-Buck v. Latham (Minn.) 278. § 26. A petition, in an action for unlawful interference with trade, held sufficiently broad to justify a recovery for interference with existing contracts.-Dunshee v. Standard Oil Co. (Iowa) 342. TOWNS. See Counties; Municipal Corporations; Schools and School Districts, §§ 39-46. Highways, see Highways. Injuries from defects or obstructions in highways, see Highways, § 187. III. PROPERTY, CONTRACTS, AND LIABILITIES. 845. A township held not liable for any tort of its highway commissioner in directing plaintiff to work certain land as a highway; so that there is no implied obligation of the township to reimburse plaintiff for the consequence See Assault and Battery, § 38; Conspiracy. §§ of his act.-Hoek v. Allendale Tp. (Mich.) 987. 8-21; Forcible Entry and Detainer, §§ 6-29; Fraud; Libel and Slander; Malicious Prosecution; Nuisance; Trespass; Waste. Causing death, see Death, §§ 19, 64. Civil damages from sale of liquor, see Intoxicating Liquors, §§ 285, 312. Delay in transportation or delivery of goods, see Carriers, § 105. Injuries by servants, see Master and Servant, & 304. Injuries from construction or maintenance of telegraph or telephone line, see Telegraphs and Telephones, § 15. Injuries from defects or obstructions in highways, see Highways, § 187. Injuries from flowage of lands, see Waters and Water Courses, § 171. Injuries from negligence, see Negligence. Injuries from negligence or default in transmission or delivery of telegraph or telephone message, see Telegraphs and Telephones, §§ 34-74. Injuries from negligent or wrongful use of street, see Municipal Corporations, § 706. Injuries from operation of railroads, see Railroads, §§ 282, 327-351, 360-398, 411-441. Injuries from operation of street railroads, see Street Railroads, §§ 81-118. Injuries to passengers, see Carriers, §§ 316-321. Injuries to servants, see Master and Servant, §§ 90-297. Loss of or injury to goods by carrier, see Carriers, §§ 108-134, 159, 404–408. Obstruction and detention of waters of natural water courses, see Waters and Water Courses, $ 55. Obstruction or repulsion of flow of surface waters, see Waters and Water Courses, § 118. Remedies for torts. See Damages; Trespass, §§ 26-59. Assignment of cause of action, see Assignments, § 24. Joint or several liability for trespass, see Trespass, § 30. See Towns. TOWNSHIPS. TRADE. Combinations in restraint of trade, see Monopolies, 88 10-20. Contracts in restraint of trade, see Contracts, § 117. Regulation of trade as denial of equal protec tion of laws, see Constitutional Law, § 240. Regulation of trade as deprivation of property without due process of law, see Constitutional Law, § 296. TRADE-MARKS AND TRADE-NAMES. I. MARKS AND NAMES SUBJECTS OF OWNERSHIP. adopted by a musical organization is the prop § 10. The name "Finney's Famous Ochestra” erty of those whose services, and its use by others is a fraud upon the public, which will be enjoined.-Finney Orchestra v. Finney's Famous Orchestra (Mich.) 198. IV. INFRINGEMENT AND UNFAIR COMPETITION. (B) What Competition Unlawful. § 71. Trade-names, such as "Finney's Famous Orchestra," as applied to a musical organization, are protected on the ground of unfair competition.-Finney Orchestra v. Finney's Famous Orchestra (Mich.) 198. TRADING STAMPS. Stamp enterprise as lottery, see Lotteries, $ 2, 14. TRAINS. See Carriers; Railroads. TRANSFER OF CAUSES. § 7. Certain persons who visited defendant to remonstrate to him concerning his abuse of a horse held not to be guilty of any unlawful assemblage or act, and hence were not liable Change of venue, see Criminal Law, §§ 119to plaintiff for damages on account of illness 145; Venue, § 72. TRANSFERS. See Assignments; Deeds; Sales; Vendor and Of bills or notes, see Bills and Notes, §§ 215, Of exempt property, see Homestead, §§ 110-128. Of mortgages or debts secured thereby, see Of personal property as security, see Chattel Of real property as security, see Mortgages. TRANSFER TAX. See Taxation, §§ 856-8862. TRANSITORY ACTIONS. See Venue, § 17. TRANSMISSION. Of telegraph or telephone messages, see Telegraphs and Telephones, §§ 34-74. TRANSPORTATION. Of animals, see Carriers, § 230. Of baggage of passenger, see Carriers, §§ 404- Of goods, see Carriers, §§ 13, 105-180. TRAVELERS. On highways, injuries from defects or obstructions, see Highways, § 187. On streets in general, see Municipal Corporations, § 706. On streets, injuries from defects or obstructions, see Municipal Corporations, §§ 763-821. TREES. Damages for destruction of shade trees, see Destruction of fruit trees as waste, see Waste, Liability of telephone company for injuries to trees along streets, see Telegraphs and Telephones, $$ 10, 15, 20. TRESPASS. Action for abandonment of condemnation pro- I. ACTS CONSTITUTING TRESPASS 10. Where a city conveyed real property to plaintiff, it was not a trespasser in continuing in possession thereof, prior to a refusal to deliver possession on demand.-Munkwitz Realty & Investment Co. v. City of Milwaukee (Wis.) 542. II. ACTIONS. $30. Defendant held not liable as having aided and abetted another in committing a trespass on plaintiff's land in cutting trees.-Gerbig v. Bell (Wis.) 871. 30. The owner of land on which timber was sold, and other adjoining owners who paid part of the expense of running a survey to determine the true boundaries of their land as well as to enable the purchaser of the timber to cut it, would not necessarily be liable for the trespasses of the purchaser of the timber, even though his purpose was unlawful.-Gerbig v. Bell (Wis.) 871. § 30. In an action against defendant for damages caused by trespasses upon plaintiff's land in cutting timber, by one to whom defendant sold timber on his own land, defendant held not to have aided or abetted such trespasses by introducing evidence to locate the line between his and plaintiff's land.-Gerbig v. Bell (Wis.) 871. $30. One conveying timber on his land would be liable for trespasses committed by the purchaser on adjoining land in cuttting the timber conveyed, only if he aided or abetted in committing such trespasses.-Gerbig v. Bell (Wis.) 871. (C) Evidence. § 44. Burden of proof held on defendant in trespass for the removal of a fence.-Danielson v. Kyllonen (Minn.) 404. TRESPASS TO TRY TITLE. See Ejectment; Forcible Entry and Detainer. Conformity of judgment to verdict, see Judgment, 256. 133. TRIAL. Of challenge to jurors for cause, see Jury, §. Proceedings incident to trials. Competency of and challenge to jurors, see Jury, Entry of judgment after trial of issues, see Examination of witnesses, see Witnesses, §§ Impaneling jury, see Jury, § 149. Right to trial by jury, see Jury, §§ 21-29. Trial of actions by or against particular classes of persons. See Carriers, §§ 230, 321, 347, 408; Master and Servant, §§ 284-297; Street Railroads, §§ 117, 118. Insurance companies, see Insurance, §§ 668, 669, 825. Telegraph or telephone companies, see Telegraphs and Telephones, §§ 73, 74, 20. Trial of particular civil actions or proceedings. Contempt proceedings, see Contempt, § 61. Conclusiveness of judgment, see Judgment, For conspiracy, see Conspiracy, § 21. (A) Right of Action and Defenses. 25. Certain persons who visited defendant to remonstrate to him concerning his abuse of a horse held not to have committed a trespass. -Beck v. Luers (Iowa) 811. For delay in transportation or delivery of live For injuries from negligence, see Negligence, §§ 136, 139. For injuries from negligence or default in transmission or delivery of telegraph or telephone message, see Telegraphs and Telephones, 88 73, 74. For injuries from negligent or wrongful use of street, see Municipal Corporations, § 706. For injuries from obstruction of surface waters, see Waters and Water Courses, § 126. For injuries to passengers, see Carriers, §§ 321, 347. For loss of baggage, see Carriers, § 408. For price or value of goods sold, see Sales, § 363. On insurance policies, see Insurance, § 825. On subscription to corporate stock, see Corporations, § 90. Probate proceedings and actions relating to wills or probate, see Wills, §§ 324-334. To recover damages from change in grade of street, see Municipal Corporations, § 404.. Trial of criminal prosecutions. See Criminal Law, §§ 622-895; Embezzlement, $ 48; Homicide, §§ 276-294. I. NOTICE OF TRIAL AND PRELIMINARY PROCEEDINGS. In criminal prosecutions, see Criminal Law, §§ 622-628. $ 53. Evidence introduced without restriction is available on any issue which it tends to prove, and which is within the pleadings.Malkowski v. Olfs (Mich.) 199. (B) Order of Proof, Rebuttal, and Reopening Case. $ 59. Where counsel, through some inadvertence, failed to prove some vital fact at the proper time, it is within the discretion of the court to allow such proof to be introduced out of its order.-Siemers v. Meeme Mut. Home Protection Ins. Co. (Wis.) 669. (C) Objections, Motions to Strike Out, and Exceptions. In criminal prosecutions, see Criminal Law, §§ 696, 698. § 83. In view of the objection to evidence, admission thereof held not error.-Hoek V. Allendale Tp. (Mich.) 987. § 105. An entry in the book of a party kept for that purpose, made in the presence of the adverse party and read over and assented to by him, held admissible in evidence against him. Tuffree v. Saint (Iowa) 373. V. ARGUMENTS AND CONDUCT OF COUNSEL. In criminal prosecutions, see Criminal Law, §§ 720-730. Review of proceedings as dependent on prejudicial nature of error, see Appeal and Error, § 1060. § 125. In an action for injuries to a pedestrian on a defective street, certain argument of plaintiff's counsel held prejudicial.-Hughes v. City of Detroit (Mich.) 214. VI. TAKING CASE OR QUESTION FROM JURY. In criminal prosecutions, see Criminal Law, §§ 740-761. Presumptions on appeal or writ of error, see Appeal and Error, § 927. Review of rulings as dependent on prejudicial nature of error, see Appeal and Error, § 1062. Review of rulings as dependent on presentation of question in lower court, see Appeal and Review of rulings involving questions of fact, Error, § 195. see Appeal and Error, § 997. (A) Questions of Law or of Fact in Gen eral. As to particular facts, issues, or subjects. Assignment of claim, see Assignments, § 138. Assumption of risk by servant injured, see Master and Servant, § 288. Construction of contract, see Contracts, § 176. Contributory negligence of person injured on Misrepresentation by applicant for insurance, see Insurance, § 825. Negligence in signing release, see Release, § 58. Negligence of carrier, see Carriers, § 408. Negligence of master causing injury to servNegligent use of street, see Municipal Corpora ant, see Master and Servant, § 286. tions, § 706. Notice of calls on subscription to corporate stock, see Corporations, § 90. In particular civil actions or proceedings. See Replevin, § 88. For conspiracy, see Conspiracy, § 21. For delay in transportation or delivery of live stock, see Carriers, § 230. For injuries at railroad crossings, see Railroads, 350. For injuries from defects or obstructions in street, see Municipal Corporations, § 821. For injuries from negligence, see Negligence, § 136. For injuries from negligence or default in transmission or delivery of telegraph or telephone message, see Telegraphs and Telephones, § 13. For injuries from obstruction of surface waters, see Waters and Water Courses, § 126. For injuries to passengers, see Carriers, §§ 320, 347. For injuries to persons on or near street railroad tracks, see Street Railroads, § 117. For injuries to servants, see Master and Serv ant, §§ 284-289. For injuries to trees by telephone company, see Telegraphs and Telephones, § 20. For loss of baggage, see Carriers, § 408. For price or value of goods sold, see Sales, { 363. On insurance policies, see Insurance, §§ 668, 825. Probate proceedings and actions relating to wills or probate, see Wills, § 324. $136. The question of waiver is one of fact | For injuries at railroad crossings, see Railfor the jury.-Currie v. Continental Casualty Co. (Iowa) 164. § 139. Where the facts are disputed or such that different minds might draw different conclusions, such issue must be submitted to the jury.-Bircher v. Modern Brotherhood of America (S. D.) 583. $140. Directing verdict on the ground that a witness is shown to be of so defective memory and so untruthful that his testimony is unworthy of belief held error.-Richards v. Watts (Iowa) 701. § 140. It is the jury's province to determine the credibility of witnesses.-Spray v. Ayotte (Mich.) 630. § 141. In an action for the price of goods, in which defendant counterclaimed for delay in delivery, held error, under the evidence, to submit to the jury the question of the cancellation by defendant of his orders for the goods.-Morgan & Wright v. Sutlive Bros. (Iowa) 175. roads, § 351. For injuries from flowage, see Waters and WaFor injuries from negligence, see Negligence, § ter Courses, § 179. 139. 74. For injuries from negligence or default in transmission or delivery of telegraph or telephone messages, see Telegraphs and Telephones, § For injuries from obstruction of surface waters, see Waters and Water Courses, § 126. For injuries to passengers, see Carriers, § 321. For injuries to persons on or near street railroad tracks, see Street Railroads, § 118. For injuries to servants, see Master and Servant, §§ 291–296. Probate proceedings and actions relating to On insurance policies, see Insurance, § 669. To recover damages from change in grade of wills or probate, see Wills, §§ 329, 330. street, see Municipal Corporations, § 404. (A) Province of Court and Jury in General. § 141. Where only one finding was possible under the evidence on a question of fact, the In criminal prosecutions, see Criminal Law, § question should be submitted to the jury.-Morgan & Wright v. Sutlive Bros. (Iowa) 175. § 141. Where material allegations of the petition are put in issue by the answer, the mere fact that plaintiff alone testified in relation thereto and was not contradicted held not as a matter of law to entitle him to have his evidence deemed conclusive.-Meardon v. Iowa City (Iowa) 939. § 143. Where there is much dispute in testimony as to material facts, the court is justified in submitting the same to the jury by proper instructions.-Du Bois v. Luthmer (Iowa) 147. (D) Direction of Verdict. In criminal prosecutions, see Criminal Law, § 753. Presumptions on appeal or writ of error, see Appeal and Error, § 927. Review of rulings involving questions of fact, see Appeal and Error, § 997. § 168. Where a party to an action failed to adduce evidence to sustain his contention on an issue when the burden of proof was upon him, a verdict was properly directed against him.-Doty v. Braska (Iowa) 1108. Review as dependent on taking of exceptions in lower court, see Appeal and Error, § 263. As to particular issues or subjects. Contributory negligence of servant injured, see Master and Servant, § 296. Damages, see Damages, §§ 215, 217. Fraud, see Frauds, § 65. 761. § 186. An instruction submitting the question of contributory negligence in being struck by a street car held not to invade the province of the jury.-Dow v. Des Moines City Ry. Co. (Iowa) 918. § 191. A requested instruction stating that plaintiff looked from a certain point, when the evidence as to that was conflicting, held objecCo. (Iowa) 1037. tionable.-Case v. Chicago Great Western Ry. (C) Form, Requisites, and Sufficiency. § 223. An oral instruction should be given only where the parties voluntarily assent thereto. Forszen v. Hurd (N. D.) 224. $233. A charge, containing no exposition of the principles on which the liability of a party depends and makes the law of the case dependent on the evidence, held insufficient.-Forszen v. Hurd (N. D.) 224. § 233. An instruction as to what was necessary to make out a defense held, in view of omitting to do so in alternative form.-Cox v. statement to jury, not objectionable because Cline (Iowa) 330. § 234. The recital in a charge of certain undisputed facts, while omitting others bearing on the same point, held not prejudicial.-Pilkins v. Hans (Neb.) 864. § 240. A requested instruction held objectionable as being argumentative.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037. § 244. An instruction submitting the question of contributory negligence in being struck by a street car held not to single out facts in plaintiff's favor.-Dow v. Des Moines City Ry. Co. (Iowa) 918. $244. A requested instruction held objectionable as singling out evidence.-Case v. Chicago Great Western Ry. Co. (Iowa) 1037. (D) Applicability to Pleadings and Evidence. § 251. An instruction in a servant's injury action which authorizes a verdict for plaintiff Incompetency or negligence of fellow servant, without respect to whether the negligence prov see Master and Servant, § 294. In particular civil actions or proceedings. See Libel and Slander, § 124. Assessment of damages, see Damages, §§ 215, 217. For conspiracy, see Conspiracy, § 21. For delay in transportation or delivery of live stock, see Carriers, § 230. For fraud, see Fraud, § 65. ed was alleged in the petition was erroneous. -Ashcraft v. Davenport Locomotive Works (Iowa) 1111. held not error where there was not sufficient § 252. Failure to instruct on a plea of fraud evidence to support a finding of fraud.-Houlette & Miller v. Arntz (Iowa) 796. § 252. Submitting several grounds of negligence where there is evidence authorizing it |