*At a highway crossing a railroad company is , turn it to the owner, provided his purpose was
bound to exercise ordinary care to avoid in- also to secure a reward therefor.-State v.
juring persons on the crossing, and the duty of Denny (N. D.) 869.
persons using the crossing is to use the same

*The standard by which to impute guilty
care to avoid an injury by collision with trains.

knowledge that property received had been
--Pendroy v. Great Northern Ry. Co. (N. D.)

stolen is not that of a man of ordinary intelli-
531.

gence, but a personal test of defendant.-State
*In an action for injuries to an automobile v. Denny (N. D.) 869.
in a railroad crossing accident, certain instruc-

*Instruction on a trial for receiving stolen
tions defining contributory negligence and proxi-

property held not open to the objection that
mate cause held not error.-Pendroy v. Great

the jury might have understood therefrom that
Northern Ry. Co. (N. D.) 531.

they could convict defendant, even though they
A railway company held not negligent as to found that he committed the larceny or was
a pedestrian struck, while walking along the an accomplice thereto.-State y. Denny (N. D.)
side of a track, by a bucket attached to the 869.
side of a freight car on a passing train.-Ban-! *Instruction held erroneous as in effect in-
dekow v. Chicago, B. & Q. Ry. Co. (Wis.) 812. forming the jury that an intent to commit a

wrongful act which "might" result in receive
RAPE.

ing stolen property constituted a felonious in-

tent within the law relating to that offense.-
Competency of evidence in general, see Crim- Stat

etency of evidence in general see Crim., State V. Denny (N. D.) 809.
inal Law, $ 3.
Relevancy of evidence in general, see Criminal

RECEPTION.
Law, $ 3.
Res gestæ, see Criminal Law, 8 3.

Of evidence at trial, see Trial, $ 3.

REFERENCE.

RATIFICATION.

RECORDS.
Of act of agent, see Principal and Agent, $ 3. Of particular facts, acts, instruments, or pro

ceedings not judicial.
REAL ACTIONS.

See Wills, $ 3.

Corporate records, see Corporations, $ 2.
See Ejectment.

Of judicial proceedings.

Abstract for purpose of review, see Appeal
REAL ESTATE AGENTS.

and Error, $ 4.

Transcript on appeal or writ of error, see Ap-
See Brokers.

peal and Error, § 4; Criminal Law, $ 6.

Records as evidence, and eridence relating to
REAL PROPERTY.

matters of record.

As evidence, see Evidence, $ 7.
See Property.

REDEMPTION.
REBUTTAL.

From mortgage, see Mortgages, g 7.
Evidence, see Trial, $ 3.

From tax sales, see Taxation, 7.
RECEIVERS.
Of insolvent bank, see Banks and Banking, $ 1.

3,8 t. See Arbitration and Award.

..
$1. Actions.

An action held to lie against the receiver of
a railroad, under Comp. Laws, $ 6235, requiring

| REFORMATION OF INSTRUMENTS.
railroads to transport freight, and imposing a
penalty for their violation to do so, and the

§ 1. Right of action and defenses,
federal statutes relating to suing receivers.--

Evidence held to justify reformation of con-
Robinson v. Harmon (Mich.) 664.

tract to express the meaning given it at the
| time of its execution.-Blair V. Kingman Im-

plement Co. (Neb.) 773.
RECEIVING STOLEN GOODS.

*Equity held authorized to reform a contract
* Evidence on a trial for receiving goods held for the sale of real estate by adding terms omit-
to sufliciently establish that the goods were stol- ted therefrom by mistake.-Hughes V. Payne
en, and that they were received by defendant (S. D.) 308.
with knowledge thereof.--State v. Gordon

8 2. Proceedings and relief.
(Minn.) 483.

Evidence held to support a finding to reform a
*On a trial for receiving goods, proof that written contract.-Blair v. Kingman Implement
they were taken to defendant at an unusual bour Co. (Neb.) 773.
of the night is a circumstance indicating guilty *Evidence held to establish the omission of a
knowledge.-State v. Gordon (Minn.) 483.

reservation of certain rights in a river by mu-
To sustain a conviction for buying goods know.tual mistake, authorizing the court to reform
ing them to have been stolen, the state held to the contract.–Tossini v. Donahoe (S. D.) 148.
have the burden to prove certain facts.--State *Parol evidence held admissible to show that
v. Gordon (Minn.) 483.

la reservation of all rights in a river adjacent to
*On a trial for receiving goods, knowing the land to be conveyed was omitted froin the
them to have been stolen, guilty knowledge need written contract by mutual mistake.-Tossini
not be directly proved, but may be shown by | v. Donahoe (S. D.) 148.
circumstances.-State v. Gordon (Minn.) 483. *Where the reformation of a written contract

*A person may be convicted of receiving stolen is sought for mistakes resulting in the omission
property, though he received the property to re-, therefrom of certain terms, parol evidence is

* Point annotated. See syllabus.

admissible to prove the mistake and the omit- identify defendant and petitioner as the same
ted terms.-Hughes v. Payne (S. D.) 363. party.-Wisecarver & Reynard v. Chicago, R. I.
Where a mistake is made in a contract by

& P. Ry. Co. (Iowa) 961.
the omission of certain terms, equity may re- A removal petition alleging that petitioner
form it and then specifically enforce it.-Hughes was a citizen of Illinois and a nonresident of
v. Payne (S. D.) 363.

Iowa was not defective for failure to allege that
defendant was not a citizen of Iowa.– Wise.

carver & Reynard v. Chicago, R. I. & P. Ry.
REHEARING.

Co. (Iowa) 961.
See New Trial.

A petitioner for removal of a cause is not re-
quired to negative any defense that may be

made to the petition.- Wisecarver & Reynard v.
REINSURANCE.

Chicago, R. I. & P. Ry. Co. (Iowa) 961.

*A state court has no jurisdiction to try an
See Insurance, $ 10.

issue of fact arising on a removal petition.-

Wisecarver & Reynard v. Chicago, R. I. & P.
RELEASE.

Ry. Co. (Iowa) 961.

*A petition by defendant for removal of a
See Accord and Satisfaction; Compromise and cause to the federal court held insufficient.-
Settlement; Payment.

O'Connor v. Chicago, R. I. & P. Ry. Co. (Iowa)
Of dower, see Dower, 2.

979.
§ 1. Construction and operation.

REMOVAL OF CLOUD.
Where, by force of the provisions of a bene-
fit certificate, the widow and children of a de- See Quieting Title.
ceased member are entitled to the insurance,
though the mother of deceased was designated
as beneficiary in the certificate, a release given

RENEWAL.
by the widow without consideration to the
mother held of no effect.-Knights of Columbus

Of bill of exchange or promissory note, see
v. McInerney (Mich.) 166.

Bills and Notes, Š 2.

Of lease, see Landlord and Tenant, 8 3.
RELEVANCY.

RENT.
Of evidence in civil actions, see Evidence, $ 3..
Or evidence in criminal prosecutions, see Crim-See Landlord and Tenant, 8 0.

im: | See Landlord and Tenant, $ 5.
inal Law, $ 3.

REPAIRS.
REMAINDERS.

Of highway, see Highways, $ 2.
See Life Estates.

Of premises demised, see Landlord and Tenant,

§ 4.
REMAND.

REPEAL.
Of cause on appeal or writ of error, see Ap- of statute, see Statutes, 8 6.
peal and Error, $ 25.

REPLEVIN.
REMITTITUR.

Harmless error, see Appeal and Error, $ 16.

Relevancy of evidence in general, see Evidence,
Of cause on appeal or writ of error, see Ap $ 3.
peal and Error, $ 25.

Transfer of cause for trial, see Trial, $ 1.

§ 1. Right of action and defenses.
REMONSTRANCE.

*Replevin will not lie to recover property

which came lawfully into defendant's posses-
To grant of liquor license, see Intoxicating Liq-sion, in the absence of a demand upon him
uors, $ 3.

therefor.-Anderson v. Pendl (Mich.) 326.

Plaintiff held to have sufficient possession
REMOVAL.

and special property in logs to maintain re-
Of city officers, see Municipal Corporations, $ 3. | Lockery (Wis.) 1060.

plevin therefor against a stranger.-Rohrer v.
Of fixtures, see Fixtures.

$ 2. Pleading and evidence.

Under Code, g 3991, which protects an officer
REMOVAL OF CAUSES.

from liability by reason of a levy until he re-

ceives notice of claim of ownership in a third
Change of venue or place of trial, see Venue, person, if the officer proceeds to trial, in re-
§ 1.

plerin by the owner to recover the property on
Conclusion in pleading, see Pleading, $ 1. the sole issue of ownership, he waives the pro-

tection and cannot plead it in defense.-People's
$ 1. Citizenship or alienage of parties.

Light Co. v. Eckerhardt (Iowa) 970.
*To render an action removable to the federal
court on the ground of diversity of citizenship,

Where the vendor and vendee under a land
such diversity must exist at the beginning of the contract agreed that the vendee should cut cer-
suit, and when the petition for removal is filed. tain timber on the land and deliver it to a
-O'Connor v. Chicago, R. I. & P. Ry. Co.

| mill, the vendor to pay the expense of sawing,
(Iowa) 979.

and dispose of the lumber, and apply the pro-

ceeds upon the purchase price, the previous con-
$ 2. Proceedings to procure and effect versation and conduct of the parties held ad-
of removal.

| missible to show the purpose of the delivery of
Record of a petition for the removal of a the logs in deciding whether there was a sale.
cause to the federal courts held to sufficiently 1 --Rohrer v. Lockery (Wis.) 1060.

*Point annotated. See syllabus.

§ 3. Trial, judgment, enforcement of

REVERSIONS.
judgment, and review.
*Whether property sought to be taken by or lessor, see Landlord and Tenant, $ 2.
replevin had been sold by plaintiff to defend-
ant held under the evidence for the jury.-An-
derson v. Pendl (Mich.) 326.

REVIEW.

See Appeal and Error; Certiorari: Criminal
REPLICATION.

Law, $ 6; Justices of the Peace, $ 3.
See Pleading, $ 3.

REVIVAL.

Of judgment, see Judgment, g 11.
See Pleading, $ 3.

REVOCATION.
REQUESTS.

Of will, see Wills, $ 2.
For instructions in civil actions, see Trial, g 10.

RIGHT OF WAY.
For instructions in criminal prosecutions, see
Criminal Law, $ 5.

See Easements.

REPLY.

RESCISSION.

RIPARIAN RIGHTS.
Of contract for sale of goods, see Sales, $ 3. I See Navigable Waters. § 1.
Of contract for sale of land, see Vendor and

Purchaser, $ 3.
Of insurance policy, see Insurance, $ 4.

RISKS.
RESERVATIONS.

Assumed by employé, see Master and Servant,

$8 7, 10, 13, 14.

Within insurance policy, see Insurance, $$ 2, 7.
In deeds, see Deeds, $ 2.

ROADS.
RES GESTÆ.

See Highways.
In criminal prosecutions, see Criminal Law, Streets in cities, see Municipal Corporations,
§ 3.

88 7, 8.
RESIDENCE.

RULES.
See Domicile.

For guidance of employés, see Master and Serv.
For purpose of divorce, see Divorce, $ 2. ant, & 4.

SALES.
RES IPSA LOQUITUR.

Amendment of pleading in action for breach
Application of doctrine to injuries to servant, of warranty, see Pleading, $ 5.
see Master and Servant, g 10.

Arguments and conduct of counsel in action

for price, see Trial, $ 4.
RES JUDICATA.

Declarations as evidence in action for price of

goods, see Evidence, 8 6.

Opinion evidence in action for price, see Evi-
See Judgment, $$ 7, 8.

dence, $ 9.

Parol evidence in action for price of goods, see
RESTRAINT OF TRADE.

Evidence, & 8.

Requirements of statute of frauds, see Frauds,
Trusts and other combinations, see Monopolies.

Statute of, $ 2.
Under power in mortgage, see Chattel Mort-

gages, $ 3.
RESTRICTIONS.

Sales of particular species of, or estates or in-
In deeds, see Deeds, $ 2.

terests in, property.

See Intoxicating Liquors.
RESULTING TRUSTS.

Realty, see Vendor and Purchaser.

Sales on judicial or other proceedings.
See Trusts, $ 1.

See Judicial Sales.

Of property of decedent under order of court,
RETAINER.

see Executors and Administrators, $ 4.
On foreclosure of mortgage, see Mortgages, $$

5, 6.
Or attorney, see Attorney and Client, & 2.

Tax sales, see Taxation, $ 6.
RETURN.

§ 1. Requisites and validity of con.

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.
ters held not to show the quantity and qual-

In an action for the price of a horse, defend-
ity of the pickles purchased with sufficient cer-

ants held entitled to give direct testimony wheib-
tainty to constitute a contract.-Jordan Bros.

er they relied on alleged false representations
Co. v. Walker (Mich.) 912.

inducing them to buy.-City Nat. Bank of
Where defendant agreed on Sunday to sell | Columbus, Ohio, v. Jordan (Iowa) 7J8.
plaintiff, on credit, a car load of potatoes,

An account filed in a creditors' suit held to
which were examined and unloaded on Monday, I show under strict rules of pleading a claim for
defendant could recover therefor on a quantum

the purchase price of goods sold and delivered,
meruit, the void Sunday contract not govern-

and not for damages based on refusal to perform
ing as to price.-King v. Graef (Wis.) 1058.

a contract.---Forest City Steel & Iron Co. ,
§ 2. Construction of contract.

Detroit & T. S. L. R. Co. (Mich.) C15.
*A subsequent contract held to state its own In an action for the price of a cultivator sold
terms of payment, and not to adopt the provi- defendant, plaintiff held not entitled to rely on
sions of the original contract as to payment.- a note given by defendant for the price to a
G. S. Blakeslee & Co. v. Reinhold Mfg. Co. third party.--Ruthruf v. Faust (Mich.) 902.
(Mich.) 92.

*In an action on a note for the price of a
*A writing certifying the sale of plaintiff's | horse, the fact that the horse had not been
tobacco crop held an executory contract, and returned to the payee, and the contract of sale
not a present sale.—Grenawalt v. Roe (Wis.) rescinded, held immaterial.-Mee v. Carlson
1017.

(S. D.) 1033.
§ 3. Modification or rescission of con *Complaint in an action for goods sold and
tract.

delivered held to state a cause of action.-
Where a contract is executory, one party can Rosebud Lumber Co. v. Serr (S. D.) 1012.
stop performance, subject to the damage caused *In an action for the breach of an executory
thereby.-Backes v. Schlick (Neb.) 707.

contract to sell tobacco, by which plaintiff
Where the vendor in an executory contract agreed to deliver it in January, in sound pack-
for the sale of goods receives notice from the ing condition, with all damaged tobacco exclud-
vendee that he will not accept the delivery, he ed, the burden was on plaintiff to show such a
cannot deliver and recover either the purchase delivery.-Grenawalt v. Roe (Wis.) 1017.
price or damages sustained by breach of the | In an action on original notes for the price
contract.-Backes v. Schlick (Neb.) 707.

of machinery, evidence held to show a waiver
§ 4. Performance of contract.

by defendants of the substitution of new notes
*Where property is delivered to the buyer

for the old ones, under an agreement made on
pursuant to an executory contract, and it ob- |

| the return of part of the machinery to the
viously fails to comply with the terms thereof,

sellers.--Swedish-American Bank of Minneapolis
the buyer waives the objection, if he does not

v. Koebernick (Wis.) 1020.
refuse to accept the property tendered.--kenis. 18 8. Remedies of buyer.
ton v. Todd (Iowa) 674.

In an action on a note given for the price of a
*A delivery of goods by a seller to a carrier threshing machine, held error to allow the jury
for transportation to the buyer is in law a de- to find that the machine was worthless, and
livery to the buyer, subject to the right of stop- that the consideration for the note had failed.-
page in transitu.- People v. Andre (Mich.) 55. Keniston v. Todd (Iowa) 674.

*Where an executory contract of sale certified *Where defendant agreed to furnish and sell
the sale of plaintiff's tobacco crop, to be de exclusively to the plaintiff a certain brand of
livered in January, and to be packed, etc., as ice choppers at stated prices, the evidence held
specified, substantial performance by plaintiff to show the noncompliance by plaintiff with the
required delivery in the manner and at the time I terms of the contract as to payment.G. S.
prescribed by the contract.-Grenawalt v. Roe Blakeslee & Co. v. Reinhold Mfg. Co. (Jlich.)
(Wis.) 1017.

92.
$ 5. Operation and effect.

In an action on a contract to furnish plain-
*The rule that a vendee is not a bona fide tiff certain ice choppers for its exclusive sale,
purchaser until he has paid the price cannot be where plaintiff has refused to comply with the
invoked against one who has promised to give terms of the contract as to payment, a charge
a consideration for the transfer unless it will that plaintiff was entitled to recover the protit
hinder or delay the vendor's creditors.-Everitt it would have made upon the ice machines that
v. Farmers' & Merchants’ Bank of Elm Creek defendant refused to furnish under the contract
(Neb.) 401.

was properly refused.-G. S. Blakeslee & Co. v.

Reinhold Mfg. Co. (Mich.) 92.
§ 6. Warranties.

*The remedy for the breach of a warranty
*A partial payment of the price of goods sold
under warranty held not a waiver of the buyer's

against incumbrances in the sale of a span of
right to counterclaim for damages for breach

horses is either trespass on the case for the
of warranty in an action by the seller for the

false warranty or assumpsit for the breach.-

Arnold v. White (Mich.) 164.
balance due.-Keniston v. Todd (Iowa) 674.
Provision in contract to erect mining

* Essential allegations of a pleading where a
roasting plant held a warranty that it would

breach of warranty is relied on declared.-Seger

strom v. Swenson (Minn.) 478.
accomplish its purpose in a reasonably proper
manner, and so breached by its wasting ore. In an action for the price of goods sold, an
Trego v. Roosevelt Min. Co. (Wis.) 855. answer held sufficient as setting up a breach of

* In an action for a seller's breach of war, warranty:-Segerstrom v. Swenson (Minn.) 478
ranty of the quality of potatoes, evidence held Assays of ore held, under the circumstances,
to justify a finding of an express warranty of not competent evidence to show that a mining
quality and a breach thereof.-King v. Graef roasting plant complied with a warranty as
W IS.) 10.8.

to work it would do.-Trego v. Roosevelt Min.

Co. (Wis.) SJJ.
$ 7. Remedies of seller.

*In an action for the price of a horse, an 8 9. Conditional sales.
answer held to allcge false representations of a Under a contract for the sale of bar fixtures,
material character justifying a rescission.- | the seller held entitled to take possession of

*Point annotated. See syllabus.

SATISFACTION.

review Droc

s to eni

the property for nonpayment of interest on the use without just compensation, on the theory
purchase price.-A'Hern v. Lipsett (Mich.) 577. that no adequate tribunal for the division of

| assets and liabilities was provided for, in view
Acts 31st Gen. Assem, (Laws 1906, p. 99) C.
136, § 13 (Code Supp. 1907, § 2802).-Staté v.

Grefe (Iowa) 13.
See Accord and Satisfaction; Compromise and
Settlement; Payment; Release.

Acts 32d Gen. Assem. (Laws 1907, p. 153)

c. 155, authorizing the consolidation of all the
Of legacy, see Wills, & 5.

territory within certain cities of the first class
Of mortgage, see Mortgages, $ 4.

into one independent school district held not to

have the effect to take private property for
SCHOOLS AND SCHOOL DISTRICTS. | public use without just compensation.--State v.

Grefe (Iowa) 13.
Admissions in pleading in action by teacher

Act 19th Gen. Assem, p. 111, c, 118, declar-
for breach of contract, see Pleading, $ 2.

ling all territory of a city to be part of its in-
Certiorar

!? dependent school district, held not unconstitu-
ance of school district bonds, see Certiorari, / tional as affecting vested rights of another
$ 1.

school district.--Independent School Dist. of
Law relating to school districts as impairing

Fairview v. Independent School Dist. of Bur-
obligation of contract, see Constitutional

lington (Iowa) C68.
Law, § 1.
School fund as preferred claim against insolv Acts 19th Gen. Assem. p. 111, c. 118, declar-
ent bank, see Banks and Banking, $ 1.

ing all territory of a city to be part of its in-

dependent school distict, held not retroactive
§ 1. Public schools.

as applied to the facts of the case.- Independent
Code Supp. 1907, $ 2793, held to obviate the School Dist. of Fairview v. Independent School
objection, even if otherwise tenable, that no Dist, of Burlington (Iowa) 668.
provision is made by Acts 32d Gen. Assem.
(Laws 1907, p. 153), c. 155, for extending the

The rules applicable to ordinary contracts of
limits of a consolidated school district embrac-

employment as to measure of damages obtain in
ing all the territory within a city with the ex-

cases of breach of contract to teach a public
pansion of the city limits.-State v. Grefe

school.-Byrne v. Independent School Dist. of

Struble (Iowa) 983.
(Iowa) 13.
Acts 32d Gen. Assem. (Laws 1907, p. 153)

*Where a contract to teach a public school is
c. 155, authorizing the consolidation of all the

| breached by the district, the teacher's damages
territory within the limits of certain cities of

are not to be diminished for his failure to

| secure other employment in another locality or
the first class into one independent school dis- |

of a different grade.-Byrne v. Independent
trict, held not a deprivation of local control or
self-government.-State v. Grefe (Iowa) 13.

School Dist. of Struble (Iowa) 983.
To determine the particular school district

ot! Under Rev. Laws 1905, $8 425, 2668, the

county commissioners have no power to remove
having the largest number of voters within

a county superintendent of schools.-State V.
Acts 32d Gen. Assem. (Laws 1907, p. 153) c.

| Hays (Minn.) 615.
15.), $ 2, requiring a petition for the establish-
ment of a consolidated independent school dis- | Rev. Codes 1905, § 911, providing that school
trict to be presented to the school corporation boards shall issue school district bonds if a
of a city having the largest number of voters, majority of electors shall be in favor thereof,
the school registrar prepared in pursuance of held mandatory.-Schouweiler V. Allen (N. D.)
Code, Š 2755, held properly received.-State v. 866.
Grefe (Iowa) 13.

Stipulation in an action to enjoin issuance
To determine the particular school district of school district bonds to enter judgment for
having the largest number of voters within

| plaintiff held a legal fraud upon the school dis-
Acts 320 Gen. Assem. (Laws 1907. D. 153) ctrict and the court, and to furnish no basis
15), $ 2, requiring a petition for the establish-| for the judgment entered.-Schouweiler v. Allen
ment of a consolidated independent school dis- | (N. D.) 800.
trict to be presented to the school corporation. Where school district has voted to issue
of a city having the largest number of voters. bonds, school district officers held required to is-
certain evidence held properly received.-State sue the same.--Schouweiler V. Allen (N. D.)
v. Grefe (Iowa) 13.

866.
*Acts 320 Gen. Assem. (Laws 1907, p. 153),

SEAMEN.
c. 135, $ 2, held not to require that the "corpo-
ration therein having the largest number of
voters" to which the petition for consolidation

1 Judicial notice of wages of, see Evidence, $ 1.
of school districts shall be presented to be en-
tirely within the city limits, but it is sufficient
if the corporation is partly within and partly
without the city limits.-State v. Grefe (Iowa)

i) | In, civil actions, see Evidence, $ 4.
13.

In criminal prosecutions, see Criminal Law,
The census of the state taken in pursuance of $ 3.
Acts 30th Gen. Assem. (Laws 1904, p. 7) c. 8,
held competent evidence in determining the par-

SECURITY.
ticular school district of a city having the
largest number of voters within Acts 32 Gen. For costs, see Costs, $ 2.
Assem. (Laws 1907, p. 153) c. 155, $ 2, re-
quiring a petition for the establishment of a

SEDUCTION.
consolidated independent school district to be
presented to the school corporation in the city ( 8 1. Civil liability.
having the largest number of voters.-State v. *Under Comp. Laws, $ 10,418, an action for
Grefe (Iowa) 13.

seduction on behalf of the seduced female may
Acts 320 Gen. Assem. (Laws 1907, p. 153)

be maintained, though the intercourse was had
c. 1.5.), authorizing the consolidation of all the

by force and against her will.-Velthouse v. Al-
territory in certain cities of the first class into

to derink (Mich.) 76.
one independent school district, held not to have Where the declaration in a seduction action
the effect to take private property for public' counts on Comp. Laws, 8 10,418, held, that the

* Point annotated. See syllabus.

SECONDARY EVIDENCE.