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*At a highway crossing a railroad company is , turn it to the owner, provided his purpose was
*The standard by which to impute guilty
knowledge that property received had been
stolen is not that of a man of ordinary intelli-
gence, but a personal test of defendant.-State
*Instruction on a trial for receiving stolen
property held not open to the objection that
the jury might have understood therefrom that
they could convict defendant, even though they
wrongful act which "might" result in receive
ing stolen property constituted a felonious in-
tent within the law relating to that offense.-
etency of evidence in general see Crim., State V. Denny (N. D.) 809.
Of evidence at trial, see Trial, $ 3.
ceedings not judicial.
See Wills, $ 3.
Corporate records, see Corporations, $ 2.
Of judicial proceedings.
Abstract for purpose of review, see Appeal
and Error, $ 4.
Transcript on appeal or writ of error, see Ap-
peal and Error, § 4; Criminal Law, $ 6.
Records as evidence, and eridence relating to
matters of record.
As evidence, see Evidence, $ 7.
From mortgage, see Mortgages, g 7.
From tax sales, see Taxation, 7.
3,8 t. See Arbitration and Award.
An action held to lie against the receiver of
| REFORMATION OF INSTRUMENTS.
§ 1. Right of action and defenses,
Evidence held to justify reformation of con-
tract to express the meaning given it at the
plement Co. (Neb.) 773.
*Equity held authorized to reform a contract
8 2. Proceedings and relief.
Evidence held to support a finding to reform a
reservation of certain rights in a river by mu-
la reservation of all rights in a river adjacent to
*A person may be convicted of receiving stolen is sought for mistakes resulting in the omission
* Point annotated. See syllabus.
admissible to prove the mistake and the omit- identify defendant and petitioner as the same
& P. Ry. Co. (Iowa) 961.
Iowa was not defective for failure to allege that
carver & Reynard v. Chicago, R. I. & P. Ry.
Co. (Iowa) 961.
A petitioner for removal of a cause is not re-
made to the petition.- Wisecarver & Reynard v.
Chicago, R. I. & P. Ry. Co. (Iowa) 961.
*A state court has no jurisdiction to try an
issue of fact arising on a removal petition.-
Wisecarver & Reynard v. Chicago, R. I. & P.
Ry. Co. (Iowa) 961.
*A petition by defendant for removal of a
O'Connor v. Chicago, R. I. & P. Ry. Co. (Iowa)
REMOVAL OF CLOUD.
Of bill of exchange or promissory note, see
Bills and Notes, Š 2.
Of lease, see Landlord and Tenant, 8 3.
im: | See Landlord and Tenant, $ 5.
Of highway, see Highways, $ 2.
Of premises demised, see Landlord and Tenant,
Harmless error, see Appeal and Error, $ 16.
Relevancy of evidence in general, see Evidence,
Transfer of cause for trial, see Trial, $ 1.
§ 1. Right of action and defenses.
*Replevin will not lie to recover property
which came lawfully into defendant's posses-
therefor.-Anderson v. Pendl (Mich.) 326.
Plaintiff held to have sufficient possession
and special property in logs to maintain re-
plevin therefor against a stranger.-Rohrer v.
$ 2. Pleading and evidence.
Under Code, g 3991, which protects an officer
from liability by reason of a levy until he re-
ceives notice of claim of ownership in a third
plerin by the owner to recover the property on
tection and cannot plead it in defense.-People's
Light Co. v. Eckerhardt (Iowa) 970.
Where the vendor and vendee under a land
| mill, the vendor to pay the expense of sawing,
and dispose of the lumber, and apply the pro-
ceeds upon the purchase price, the previous con-
| missible to show the purpose of the delivery of
*Point annotated. See syllabus.
§ 3. Trial, judgment, enforcement of
See Appeal and Error; Certiorari: Criminal
Law, $ 6; Justices of the Peace, $ 3.
Of judgment, see Judgment, g 11.
Of will, see Wills, $ 2.
RIGHT OF WAY.
Purchaser, $ 3.
Assumed by employé, see Master and Servant,
$8 7, 10, 13, 14.
Within insurance policy, see Insurance, $$ 2, 7.
88 7, 8.
For guidance of employés, see Master and Serv.
Amendment of pleading in action for breach
Arguments and conduct of counsel in action
for price, see Trial, $ 4.
Declarations as evidence in action for price of
goods, see Evidence, 8 6.
Opinion evidence in action for price, see Evi-
dence, $ 9.
Parol evidence in action for price of goods, see
Evidence, & 8.
Requirements of statute of frauds, see Frauds,
Statute of, $ 2.
gages, $ 3.
Sales of particular species of, or estates or in-
terests in, property.
See Intoxicating Liquors.
Realty, see Vendor and Purchaser.
Sales on judicial or other proceedings.
See Judicial Sales.
Of property of decedent under order of court,
see Executors and Administrators, $ 4.
Tax sales, see Taxation, $ 6.
§ 1. Requisites and validity of con.
In an action for breach of defendant's contract
to furnish a quantity of pickles, certain ex-
pressions in the letter of acceptance, as to the
capacity of the casks, held not a conditional ac-
ceptance of the contract, but merely a trade
manner of measurement.-Jordan Bros. Co. V.
| Walker (Mich.) 942,
In an action for breach of defendant's cor-1 City Nat. Bank of Columbus, Ohio, y. Jordan
sell a quantity of pickles, certain let- (Iowa) 758.
In an action for the price of a horse, defend-
ants held entitled to give direct testimony wheib-
er they relied on alleged false representations
inducing them to buy.-City Nat. Bank of
An account filed in a creditors' suit held to
the purchase price of goods sold and delivered,
and not for damages based on refusal to perform
a contract.---Forest City Steel & Iron Co. ,
Detroit & T. S. L. R. Co. (Mich.) C15.
*In an action on a note for the price of a
(S. D.) 1033.
delivered held to state a cause of action.-
contract to sell tobacco, by which plaintiff
of machinery, evidence held to show a waiver
by defendants of the substitution of new notes
for the old ones, under an agreement made on
| the return of part of the machinery to the
sellers.--Swedish-American Bank of Minneapolis
v. Koebernick (Wis.) 1020.
In an action on a note given for the price of a
*Where an executory contract of sale certified *Where defendant agreed to furnish and sell
In an action on a contract to furnish plain-
was properly refused.-G. S. Blakeslee & Co. v.
Reinhold Mfg. Co. (Mich.) 92.
*The remedy for the breach of a warranty
against incumbrances in the sale of a span of
horses is either trespass on the case for the
false warranty or assumpsit for the breach.-
Arnold v. White (Mich.) 164.
* Essential allegations of a pleading where a
breach of warranty is relied on declared.-Seger
strom v. Swenson (Minn.) 478.
* In an action for a seller's breach of war, warranty:-Segerstrom v. Swenson (Minn.) 478
to work it would do.-Trego v. Roosevelt Min.
Co. (Wis.) SJJ.
*In an action for the price of a horse, an 8 9. Conditional sales.
*Point annotated. See syllabus.
s to eni
the property for nonpayment of interest on the use without just compensation, on the theory
| assets and liabilities was provided for, in view
Grefe (Iowa) 13.
Acts 32d Gen. Assem. (Laws 1907, p. 153)
c. 155, authorizing the consolidation of all the
territory within certain cities of the first class
into one independent school district held not to
have the effect to take private property for
Grefe (Iowa) 13.
Act 19th Gen. Assem, p. 111, c, 118, declar-
ling all territory of a city to be part of its in-
!? dependent school district, held not unconstitu-
school district.--Independent School Dist. of
Fairview v. Independent School Dist. of Bur-
lington (Iowa) C68.
ing all territory of a city to be part of its in-
dependent school distict, held not retroactive
as applied to the facts of the case.- Independent
The rules applicable to ordinary contracts of
employment as to measure of damages obtain in
cases of breach of contract to teach a public
school.-Byrne v. Independent School Dist. of
Struble (Iowa) 983.
*Where a contract to teach a public school is
| breached by the district, the teacher's damages
are not to be diminished for his failure to
| secure other employment in another locality or
of a different grade.-Byrne v. Independent
School Dist. of Struble (Iowa) 983.
ot! Under Rev. Laws 1905, $8 425, 2668, the
county commissioners have no power to remove
a county superintendent of schools.-State V.
| Hays (Minn.) 615.
Stipulation in an action to enjoin issuance
| plaintiff held a legal fraud upon the school dis-
1 Judicial notice of wages of, see Evidence, $ 1.
i) | In, civil actions, see Evidence, $ 4.
In criminal prosecutions, see Criminal Law,
seduction on behalf of the seduced female may
be maintained, though the intercourse was had
by force and against her will.-Velthouse v. Al-
to derink (Mich.) 76.
* Point annotated. See syllabus.