895(3) (Iowa) On appeal in equity incom-997(3) (Neb.) Motion by both parties for
petent evidence ignored.-Tusant v. Grand directed verdict submits case to court, and its
Lodge, A. O. U. W., 195.

(E) Presumptions.

901 (Iowa) Appellant must show error.-
Henry v. Henry, 639.

907(3) (Neb.) In absence of bill of ex-
ceptions findings will be presumed sustained
by competent evidence.-Amos v. Eichenberger,
330.

907 (3) (N.D.) In the absence of settled
case, findings must be accepted, and the evi-
dence is presumed to support material facts
alleged.-Ryan v. Bremseth, 818.

In the absence of a settled case, findings,
conclusions, and judgment of strict foreclosure
of contract for deed with liquidated damages

held not error.-Id.

909 (6) (Iowa) Official acts presumed regu-
lar in support of judgment.-Remington v.
Machamer, 32.

finding has force of verdict and not set aside
unless clearly wrong.-Riverton State Bank v.
Walker, 1011.

1001 (1) (Neb.) Verdict supported by evi-
dence not disturbed.-Simpson v. Omaha & C.
B. St. Ry. Co., 1001.

of witnesses

1001(1) (S.D.) Credibility
for jury.-Polluck v. Minneapolis & St. L. R.
Co., 830.

1001 (1) (Wis.) Verdict not disturbed
where evidence was sufficient for submission of
case to jury.-Isgro v. Plankinton Packing Co.,
606.

cause court disagrees with theory of jury.-
1001 (2) (Iowa) Verdict not set aside be-
First Nat. Bank v. Royal Indemnity Co., 934.
1002 (Iowa) Verdict
on conflicting evi-
52; Hanson v. Jeffries, 419.
dence conclusive.-Farr v. Mackie Motors Co.,

1002 (Neb.) Verdict on conflicting evidence
not disturbed.-Edwards v. Hastings Distribut-

927(7) (Iowa) On review of grant of mo-
tion for directed verdict for defendant, testi-ing Co., 980.
mony construed favorably to plaintiff.-Wool-1003 (Neb.) Verdict for defendant in dis-
soncroft v. Rogers, 13.
regard of material facts will be set aside.-
Urban v. Novotny, 337.

927 (7) (Mich.) Evidence must be consider-
ed most favorably to plaintiff against whom ver-
dict is directed.-Oleszek v. Ford Motor Co.,

719.

928(4) (Iowa) In absence of showing in
abstract to the contrary, that party had op-
portunity to ask for additional instructions will
be presumed.-Kerns Bros. v. Delacy, 774.

set

1004 (3) (Wis.) Verdict reluctantly
aside as excessive, especially where approved
by trial court.-Heintz v. Schenck, 610.

1010(1) (Iowa) Finding that husband was
owner of property not disturbed in suit by wife's
creditor.-Hess v. Masters, 6.

1010(1) (Iowa) Trial court's finding has
930(1) (Iowa) On appeal in passing on effect of verdict where supported by some evi-
sufficiency of evidence to support judgment, it dence.-Baker v. Palmer, 419.
must view it most favorably to support judg-1010(1) (Iowa) Findings supported by
ment.-Evans v. Corley, 883.
sufficient evidence not disturbed.-Farm Lands

930 (2) (Iowa) Assumed that jury obeyed Development Co. v. Taft, 431.
instructions. Spiker v. City of Ottumwa, 465.1010(1) (Iowa) Findings based on evidence
933 (4) (Wis.) Order setting aside verdict conclusive.-In re Stockham's Estate, 650.
for plaintiff on condition he pay costs pre-1010(1) (Iowa) Trial court's finding of
sumed granted on ground of weight of evidence. fact conclusive so far as supported by evidence.
-John v. Pierce, 600.
-Caldbeck Tool & Mfg. Co. v. Omnigraph Mfg.
Co., 900.

933(6) (S.D.) Record and certificate pre-
sumed to have been before judge on motion
for new trial, though certificate not attached to
record. Haaser v. Englebrecht, 572.

939 (Iowa) Abstract presumed to contain
entire record.-Kubli v. First Nat. Bank, 421.
Amended abstract presumed to be correct if
not denied.-Id.

discretion.-Brock
Bank, 3.
961 (Neb.) Refusal of physical examina-
tion after commencement of trial held discre-
tionary, and ruling not disturbed except for
abuse of discretion.-O'Brien v. Sullivan, 532.

1011(1) (Iowa) Where evidence conflicting
on fact question, judgment will be affirmed.-
Mace v. Bruce, 838.

1012(1) (Mich.) Findings not disturbed
unless against clear weight of evidence.-Ithaca
Roller Mills v. Ann Arbor R. Co., 516.

(H) Harmless Error.

1031(1) (Minn.) Presumption as to preju-
dice not being absolute.-Rennie v. Skellett Co.,
130.
1033 (5) (Mich.) Where charge full and
favorable to defendant, he could not complain
thereof.-In re Turner's Estate, 402.

1033 (5) (Mich.) Instruction as to proof of
riage held not prejudicial to carrier.-Vander-
special damages for breach of contract of car-
berg v. Detroit & C. Nav. Co., 477.

1033 (5) (Minn.) Erroneous instructions fa-
vorable to appellant not ground for appeal.-
Carlson v. Payne, 291.

1033 (5) (Wis.) Error in instruction on
proximate cause prejudicial only to plaintiff.-
Kausch v. Chicago, Milwaukee Electric Ry.
Co., 257.

965 (N.D.) Application for change on
ground that impartial trial cannot be had is
within court's discretion; denial held not an
abuse thereof.-Langer v. Courier News, 102.
977(3) (Iowa) Granting of new trial not
disturbed, in absence of abuse of discretion.-1033 (5) (Wis.) Instruction to disregard
Sinkey v. O'Connell, 405.
testimony known to be false held erroneous,
lant.-Heintz v. Schenck, 610.
but not prejudicial, where favorable to appel-

new trial on

979(2) (Wis.) Granting
ground verdict against weight of evidence not
abuse of discretion, where opposite conclusions
may be drawn.-John v. Pierce, 600.

(G) Questions of Fact, Verdicts, and Find-
ings.

994 (2) (Iowa) Inconsistent statements on
prior trial present question of impeachment for
jury. Shuck v. Conway. 858.

997 (3) (Neb.) Verdict on evidence on
which reasonable minds cannot differ not dis-

1033 (6) (Mich.) Where charge full and
favorable to defendant, he could not complain
thereof, or of the refusal of requested charges.
-In re Turner's Estate, 402.

1036(4) (N.D.) Amending complaint by
adding name of Director General not prejudicial
error.-Asch v. Washburn Lignite Coal Co., 757.

1041 (2) (N.D.) Amending complaint by
further specification as to injuries, not preju-
dicial error.-Asch v. Washburn Lignite Coal

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
1041(2) (S.D.) Defendant not prejudiced damages to fix date of breach.-Maguire v. Wm.
by rulings as to value of property awarded to Grettenberg Grain Co., 644.
plaintiff.-Hoven State Bank v. Acker, 954.

1048 (6) (Iowa) Instruction that there was
no dispute about lost assignment of claim for
goods sold not error.-Rumelhart v. Schnoebel-1097 (1) (Iowa) Questions on former ap-
en, 641.
peal are foreclosed.-Kiple v. Incorporated
Town of Clermont, SS9.

1048(6) (N.D.) Calling witness for cross-
examination held not prejudicial error.-Asch 1097 (1) (S.D.) Opinion on former appeal
v. Washburn Lignite Coal Co., 757.
law on subsequent appeal.-Alatalo v. Shaver,
872.

Change in judicial rule not amounting to a
rule of property becomes effective at once.
-Id.
1119 (Neb.) No order or judgment could be
made as to a defendant not appearing and mere-
1054(1) (Iowa) Testimony of incompetently denying a codefendant's cross-petition below.
witness held not prejudicial.-In re Stockham's Coon v. O'Brien, 340.
Estate, 650.

1060(1) (Iowa) Unfounded argument im-1176(5) (Wis.) Supreme Court in revers-
puting bribery to witnesses reversible error.-
Riggins v. Chicago, M. & St. P. Ry. Co., 856.

1064 (4) (Iowa) Use in court's instruction
of the word "specially" for the word "specific-1194(3): (Minn.) Defeated defendant after
ally" held not prejudicial.-Maguire v. Wm. remand held entitled to contest issues in trial
Grettenberg Grain Co., 644.
court. Ricker v. J. L. Owens Co., 702.

In statutory action for restitution of prop- See Drains, 71-82; Municipal Corporations,
erty sold on execution under a judgment after-
wards vacated, further proceedings as to
judgment immaterial, and evidence showing sec-
ond judgment and its payment held properly re-
jected.-Id.

1221 (S.D.) Statute authorizing vacation
of dismissal does not apply after remand.-Moe 49 (Minn.) Facts held to sustain finding of
v. Goodroad, 967.

22 (Neb.) Appearance for objection to ju- See Master and Servant,
risdiction of subject-matter waives objection to
jurisdiction of defendant's person.-State v.
Westover, 998.

ATTORNEY AND CLIENT.

See Criminal Law, 720-730; Trial,
110-133.

I. THE OFFICE OF ATTORNEY.
(A) Admission to Practice.

6 (S.D.) Applicant for admission to bar
110- presumed morally fitted.-Petition of Morri-
son, 556.

2 (Wis.) Surgical operation without pa-practice, but does not revoke disbarment.-Id.
tient's consent is technical assault.-Throne v.
Wandell, 146.

35 (Wis.) Evidence held sufficient to sup-
port finding that dentist extracted patient's
teeth without her consent.-Throne v. Wan-Morrison, 556.
dell, 146.

4u (Neb.) Evidence held to support a $1,-
500 judgment for plaintiff.-O'Brien v. Sulli-
van, 532.

40 (Wis.) $3,500 held excessive by $1,500
for extraction of six broken teeth without pa-

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

16 (Mich.) While a dormant local grange
(Neb.) Owner held to have leased thresh-association retained its charter, it could at any
time resume its functions by act of members in
er.-Gillispie v. Bohling, 85.
21 (Neb.) Owner held to have leased good standing.-Palmer v. Patrons' Mut. Fire
thresher, and hence not liable for injuries from Ins. Co., Limited, of Michigan, 511.
its negligent operation.-Gillispie v. Bohling,

(D) Administration of Estate.
250(1) (Mich.) When property for which
stock issued was not transferred to corpora-25 (Minn.) Consignee accepting and sell-
tion, trustee in bankruptcy held entitled to pro- ing consignment with notice of consignor's bill
ceeds of sale thereof.-Brooks v. Buys, 472. of exchange in favor of drawee is liable as for
Dealings between original incorporators and money had and received.-First Nat. Bank v.
purchasers held not to prevent trustee in bank- Rogers-Amundson-Flynn Co., 575.
ruptcy from recovering payment for stock is-
sued.-Id.

(A) Instruments Negotiable.
155 (Iowa) Note reciting waiver of de-
304 (Wis.) Evidence of fraudulent intent mand and agreement for extension not negotia-
in mortgaging property, and subsequent trans-ble.--Security Sav. Bank v. Capp, 927.
actions, held sufficient to go to jury-Fern- v. RIGHTS AND LIABILITIES ON INDORSE-
haber v. Cream City Cartage Co., 175.

497 (2) (Iowa) Holder of check held under 26 (Minn.) Mental anguish an element of
burden of establishing claim as innocent holder damages.-Bukowski v. Kuznia, 311.
by preponderance of evidence.-Wilson v. Mid-27 (Minn.) Defendant's financial condition
West State Bank, 891.
may be considered.-Bukowski v. Kuznia, 311.
31 (Minn.) $1,100 held not excessive for
breach of promise of marriage.—Bukowski v.
Kuznia, 311.

497 (5) (Neb.) Indorsee suing on note pro-
cured by fraud upon maker must allege and
prove himself bona fide holder.-Auld v. Walk-
er, 1008.

497 (5) (Neb.) Indorsee suing on note
shown to have been fraudulently procured re-
quired to prove it took note in good faith with-
out notice of defense or infirmity.-Riverton
State Bank v. Walker, 1011.

518(1) (N.D.) Verdict for defendant held
not supported by evidence.-Merchants' State
Bank of Velva v. Streeper, 98.

524 (Iowa) Production of note makes
prima facie case.-Security Sav. Bank v. Capp,

927.

525 (Iowa) Holder held to have failed to
show a holding in good faith.-Wilson v. Mid-
West State Bank, 891.

525 (Neb.) Evidence held insufficient to
prove that bank took note in good faith with-
out notice of fraud.-Riverton State Bank v.
Walker, 1011.

527(1) (Neb.) Evidence held sufficient to
support verdict for defendant maker.-Cox v.
Kee, 974.

35 (Neb.) Instruction that jury might con-
sider defendant's property and financial stand-
ing held not erroneous.-Higgins v. Doty, 315.
BRIDGES.

II. REGULATION AND USE FOR TRAVEL.

38 (Neb.) Liable under statute for damag-
es to person and property from want of re-
pairs of highway or bridge.-Higgins v. Gar-
field County, 347.

a

40(2) (Neb.) Liable for maintaining
bridge, though mode of travel may have chang-
ed.-Higgins v. Garfield County, 347.

42 (Neb.) Notice of defective condition of
bridge held not necessary.-Higgins v. Garfield
County, 347.

46(6) (Neb.) Evidence held not to show
contributory negligence as to damages to a
truck from the collapse of a bridge.-Higgins v.
Garfield County, 347.

46 (7) (Neb.) Evidence held to sustain
537(4) (Neb.) Questions of fraud in incep- judgment of $275 damages to automobile truck.
tion held matter for the jury.-Bank of Com--Higgins v. Garfield County, 347.
merce & Savings v. Randell, 70.

BRIEFS.

537(6) (lowa) Failure to make inquiry be-
fore acquiring note may make good faith ques- See Appeal and Error, 760-766.
tion for jury.-City Nat. Bank of Auburn, Ind.,
v. Mason, 30.

Submission to jury of good faith of holder
held proper.-Id.

See Factors.

BROKERS.

IV. COMPENSATION AND LIEN.

537(6) (lowa) Holder's testimony that he
received note without notice insufficient to es-
tablish bona fides as matter of law.-Farmers' 43(3) (Neb.) Contract "subscribed" by
Nat. Bank of Kingsley v. Pratt, 924.
placing signatures at bottom, top, or in body
of instrument sufficient.-Dollarhide v. James,
989.

Bona fides in possession of note for corporate
stock held for jury.-Id.

537(6) (Neb.) Questions of fraud in in-49(1) (Minn.) What broker must do to
ception and knowledge thereof by purchaser earn commission for sale of land stated.-
held matters for the jury.-Bank of Commerce Igo v. Brinkman, 297.
& Savings v. Randell. 70.

537(6) (Neb.) Whether indorsee took note
with notice of fraud held for jury.-Auld v.
Walker, 1008.

BONDS.

II. CONSTRUCTION AND OPERATION.

54 (S.D.) Party on whose behalf bond is
executed did not become jointly liable by ex-
ecuting it.-Palmer v. Baker, 951.

BOUNDARIES.

II. EVIDENCE, ASCERTAINMENT, AND

ESTABLISHMENT.

37(4) (Minn.) Official government survey
held prima facie evidence that meander line
marked actual shore line. In re County Ditch
No. 67, Murray County, 711.

No compensation in absence of meeting of
minds of parties on terms of sale.-Id.

56 (2) (Wis.) Owner who has given agent
nonexclusive right to sell or lease may in good
faith sell or lease to one he believes not pro-
cured by agent.-Ballard v. Archambault, 622.

Owner in good faith giving option to person
not known to have connection with brokers
having nonexclusive right to lease land not li-

46 (1) (Wis.) Mere agreement to have sur-able for commission.-Id.
vey made not binding agreement to abide there-
by.-Pionke v. Washburn, 1012.

63(1) (Minn.) Facts held insufficient to
entitle agents to recover a commission where
owner declared land deal off and refused to
accept purchaser.-Richter v. McGregor, 796.

V. ACTIONS FOR COMPENSATION.

82 (2) (Minn.) Only issue raised by plead-
ings in broker's action held defense of pay-
ment.-Stannard v. National Land Agency, 792.

86(1) (Iowa) Evidence held sufficient to
support finding for broker suing for commis-
sion.-Evans v. Corley, 883.

86(4) (Minn.) Evidence held to show bro-
ker procured purchaser and earned commission.
-Shinners v. Peterson, 239.

86(4) (Minn.) Evidence held not to sustain
a finding that broker procured purchaser.-
McNally v. Taft, 240.

BREACH OF MARRIAGE PROMISE.
14 (Minn.) Action governed by law applica.
ble to tort actions.-Bukowski v. Kuznia, 311.
21 (Neb.) Evidence as to defendant's state-
ments of his financial condition admissible.-88(7) (Minn.) Submission of issues as to