§ 10. Mutual benefit insurance. *The death of an insured by suicide held *Stipulation in accident insurance policy, ex- INTERNAL REVENUE. Effect of omission of stamp from mortgage *The question of the want of a revenue INTERPLEADER. An accident insurance policy held an Iowa INTERROGATORIES. An application for accident insurance held to To jury, see "Trial," § 6. The secretary of local lodge in receiving V. In an action on a certificate of a mutual INTERSTATE COMMERCE. Regulation, see "Commerce." INTOXICATING LIQUORS. Act relating to sale of, as encroachment on Information for maintaining liquor nuisance, Motion for new trial as condition to review of Sale by traveling salesman without license, see Validity of ordinance prohibiting opening of *A certificate of a mutual benefit associa- 1066. In an action on a benefit certificate by a *A holder of a benefit certificate held not INTENT. As element of embezzlement, see "Embezzle- In action for assault, see "Assault and Battery," Of bankrupt in making transfers, see "Bank- INTEREST. Disqualification as witness by pecuniary inter- INTERLOCUTORY INJUNCTION. 104 N.W.-76 Licenses and taxes. City liquor tax paid by plaintiff held not paid Under Code 1897, § 2455, a mulct tax im- Comp. Laws, § 5386, held not to authorize determined, as required by Comp. Laws, § 5386, The act of 1895 (Laws 1895, p. 122, c. 22) is A city council held authorized to refuse to retailing intoxicating liquors held sufficient.- An ordinance relative to a city license for * Point annotated. See syllabus. an instruction that a sale of patent medicine See "Patents." INVENTION. INVENTORY. *A place kept as a liquor nuisance, in viola- Of property insured, see "Insurance," § 3. Under Rev. Pol. Code, §§ 2834, 2838, 2852, 4. Criminal prosecutions. An information against a saloon keeper for IRRIGATION. See "Waters and Water Courses," § 4. ISSUES. In civil actions, see "Pleading," § 8. JOINDER. Of causes of action, see "Action," § 1. JOINT TENANCY. In a prosecution for violation of a municipal Evidence held to sustain conviction of of- *Whether a sale of patent medicine is made 546. An information which alleges that defendant Burden of proof in cases involving violation § 6. Civil damage laws. *One selling intoxicating liquor is liable, not In an action by a wife to recover for dam- Where a husband becomes a habitual drunk- § 7. Rights of property and contracts. JUDGES. See "Courts"; "Justices of the Peace." JUDGMENT. Certified judgment as evidence, see "Evidence," Conclusiveness of on assignment pendente lite, Liability of attorneys for proceeds of judgment Motion for judgment on pleadings, see "Plead- Names of parties to, see "Names." Priority between judgment and mortgage, see Review, see "Appeal and Error." In actions by or against particular classes of Trustee in bankruptcy, see "Bankruptcy," § 1. In particular civil actions or proceedings. * Point annotated. County seat removal contest, see "Counties," For separate maintenance, see "Husband and On appeal or writ of error, see "Appeal and Personal judgment for deficiency on foreclosure, In criminal prosecutions. 1. By default. Denial based on want of information held in- 677. 2. On trial of issues. *Setting aside a verdict for one party and V. *The dismissal of a bill without prejudice A judgment in a suit to enjoin the transac- § 7. Conclusiveness of adjudication. A decree dissolving a temporary injunction is § 8. Foreign judgments. A foreign justice's judgment cannot be im- § 3. Entry, record, and docketing. open court will not invalidate it in the absence § 4. Opening or vacating. Where by his misconduct an attorney secured rendered. Morrison Mfg. Co. v. Rimerman A judgment in garnishment in one state JUDICIAL NOTICE. In civil actions, see "Evidence," § 1. JUDICIAL. POWER. In an action to have a judgment set aside adduced at the trial.-Dart v. Richardson JUDICIAL SALES. *To justify a trial court in setting aside a if facts and circumstances are proven from § 5. Equitable relief. In an action to set aside a decree affecting City held not entitled to equitable relief *Where mistake, etc., is relied upon as ground Administrators," § 5. Amount in controversy, see "Appeal and Error," Jurisdiction of particular actions or proceedings. Annulment of marriage, see "Marriage." Jurisdiction of particular subjects. * Point annotated. See syllabus. Review of proceedings. Justices' courts in civil cases, see "Justices of appeal from a justice the justice's docket must the Peace," § 1. Particular courts, see "Courts." See "Grand Jury." JURY. Amendment and revision of statutes, see "Statutes," § 3. Custody and conduct, see "Criminal Law," $ 14. Deficiency in number of names in jury box at time of drawing indictment as ground for motion to quash, see "Indictment and Information," § 4. Instructions in civil actions, see "Trial," § 5. Instructions in criminal prosecutions, see "Criminal Law," §§ 6-14. Questions for jury in civil actions, see "Trial," § 4. | show affirmatively, under Code Civ. Proc. § 1086, 1087, not only that proper undertaking was executed within the prescribed time, but that it was entered on justice's records.-Caster v. Scheuneman (Neb.) 152. *Under Rev. Codes 1895, § 6776, regulating ap peals in justices' courts, the undertaking must be served within 30 days after judgment.Lough v. White (N. D.) 518. *That the undertaking on appeal from a justice was presented to the clerk of the district court and approved before the notice of appeal and undertaking was served held not irregularity, invalidating the appeal.— Thompson v. Fargo Plumbing & Heating Co. (N. D.) 525. an was validly appealed from the justice, and the Under Rev. St. 1898, § 3769, where a cause Statutory provisons relating to time for draw-question of the justice's jurisdiction was raised. ing of jurors as repugnant to constitutional the circuit court, finding that the justice had provision relative to terms of court, no jurisdiction, was bound to dismiss the ac"Courts," § 1. tion. Miltimore v. Hoffman (Wis.) 841. see Taking case or question from jury at trial, see "Trial," § 4. Verdict in civil actions, see "Trial," § 6. 1. Right to trial by jury. Acts 30th Gen. Assem. p. 62, c. 68, § 6, relating to appeals from orders establishing drainage districts, held not in conflict with Const. art. 1, § 9, relating to trial by jury.-Sisson v. Board of Sup'rs of Buena Vista County (Iowa) 454. A justice's return on appeal held not defective for failure to certify the person by whom the notice was delivered to the justice. -Miltimore v. Hoffman (Wis.) 841. A notice of appeal from a justice of the peace, entitled the same as the action was entered on the justice's docket, held sufficient.Miltimore v. Hoffman (Wis.) 841. JUSTIFICATION. § 2. Summoning, attendance, discharge, Of homicide, see "Homicide,” § 2. and compensation. Under Pub. Acts 1903, p. 37, No. 31, jury Competency of jurors, challenges, *The objection that a juror is disqualified because of having been convicted of a felony held waived.-Turley v. State (Neb.) 934. JUSTICES OF THE PEACE. KNOWLEDGE. Actual or constructive knowledge, see "Notice." LACHES. In suing to set aside deed, see "Cancellation of Instruments," § 1; "Deeds," § 1. LAKES. Certified judgment of as evidence, see "Evi- See "Waters and Water Courses," § 1. dence," § 8. Conclusiveness of judgment by foreign justice of the peace, see "Judgment," § 8. Garnishment proceedings in general, see "Garnishment," § 3. Record on appeal from intermediate court, see § 1. Civil jurisdiction and authority. § 2. Procedure in civil cases. *Rev. Codes 1899, § 5297, allowing the correction of mistakes in pleading, process, or proceeding, is applicable to a justice court.Morgridge v. Stoefer (N. D.) 1112. Summons in a justice court not showing the Christian name of each partner is an irregularity which may be cured by amendment.Morgridge v. Stoefer (N. D.) 1112. Where a justice transferred a cause to another specified justice, in the absence of a further showing, another justice could acquire no jurisdiction under such order to try the cause.-Miltimore v. Hoffman (Wis.) 841. LANDLORD AND TENANT. See "Use and Occupation." Abandonment of easement, see "Easements," § 1. Claim and delivery by landlord for portion of tenant's crop, see "Replevin," § 5. Compensation for injury to demised premises under power of eminent domain, see "Eminent Domain," § 2. Creation of easements by lease, see "Ease ments," § 2. Indictment of tenant for larceny, see "Indictment and Information," § 3. Lease of homestead, see "Homestead," § 2. Railroad leases, see "Railroads," § 2. § 1. Leases and agreements in general. The rule that, where a lease is susceptible of two constructions, the one most favorable to the lessee must prevail, is not invoked when the intention of the parties is determi nable from the language of the lease.-Pere * Point annotated. See syllabus. Marquette R. Co. v. Wabash R. Co. (Mich.) 650. It is sufficient ground for refusal by a lessee to accept the premises that material changes were made in their condition between the execution of the lease and the time of delivery.Rosenstein v. Cohen (Minn.) 965. § 2. Terms for years. A provision in a lease of lodge rooms between two lodges requiring the consent of both to the renting of the rooms to any other lodge held not waived.-Portage Grange, Patrons of Husbandry, No. 16, v. Free & Accepted Masonic Lodge, No. 340 (Mich.) 667. Where owner of certain premises leased it to two tenants as joint lessees with the privilege of an additional term, held necessary for both tenants to exercise the option to continue the lease on its expiration.-Tweedie v. P. E. Olson Hardware & Furniture Co. (Minn.) 895. *Where a tenant denies his landlord's title, the latter may treat it as a disseisin, and the tenancy is thereby terminated without notice to quit.-Schwoebel v. Fugina (N. D.) 848. § 3. Premises, and enjoyment and use thereof. The owner of an apartment house must exercise ordinary care to maintain in repair the railings around the porches, where children of tenants were allowed to play.-Widing v. Penn Mut. Life Ins. Co. (Minn.) 239. Where the owner of an apartment house rented the flats therein for housekeeping purposes, 1205 *A contract for farming of land for a share of the crops rendered the parties tenants in common of the crops.-Rector V. Anderson (Minn.) 884. LARCENY. See "Embezzlement"; "False Pretenses"; "Receiving Stolen Goods." Conviction of larceny under indictment for conspiracy, see "Conspiracy," § 2. Disposal of crops subject to landlord's lien, see "Landlord and Tenant," § 4. Indictment for, see "Indictment and InformaInstructions in general, see "Criminal Law," tion," § 3. Review of rulings, see "Criminal Law," § 18. §§ 9, 11. § 1. Prosecution and punishment. In prosecution for larceny, nonconsent of owner to taking may be shown by testimony of agent's nonconsent and by confessions of defendant.-State v. Bjelkstrom (S. D.) 481. LAW OF THE CASE. Decision on appeal, see "Appeal and Error," § 19. Rulings not excepted to, see "Appeal and Error," §§ 12-19. LAW OF THE ROAD. and the children of occupants played on the See "Highways," § 3. LEASES. In an action for injuries to a child of a ten- See "Landlord and Tenant." ant of an apartment house by the breaking of a defective porch railing, whether defendant was liable was a question for the jury.-Widing v. Penn Mut. Life Ins. Co. (Minn.) 239. In an action to recover for injuries caused by failure of a landlord to repair, evidence held not to show plaintiff guilty of contributory negligence. Barron v. Liedloff (Minn.) 289. See "Wills." LEGACIES. LEGACY TAX. LEGISLATIVE POWER. See "Taxation," § 10. *In an action by plaintiff to recover for injuries sustained by the alleged negligence of a landlord in making and failing to make repairs, evidence held to sustain a verdict that defendants were guilty of negligence.-Barron v. See "Constitutional Law," § 2. Liedloff (Minn.) 289. LETTERS PATENT. *Where a landlord agrees to repair the leased premises, if his negligence results in an unsafe condition of the premises, he is liable for in- For inventions, see "Patents." juries caused to persons lawfully on the premises, not guilty of contributory negligence.Barron v. Liedloff (Minn.) 289. § 4. Rent and advances. Under Acts 29th Gen. Assem. p. 106, c. 146, § 1. making it larceny for a tenant of farm lands to dispose of crops subject to a landlord's lien, an indictment failing to charge that the tenancy was of farm lands is fatally defective. State v. Ashpole (Iowa) 281. § 5. Renting on shares. A tenant, cultivating a farm under a contract by which he is entitled to one-half the crops, may, before a division, mortgage his interest therein.-Denison v. Sawyer (Minn.) 305. LEVEES. Construction of dikes by private persons, see Creation of easement for in deed, see "Deeds," "Waters and Water Courses," § 2. § 2. LEVY. Of taxes, see "Taxation," § 4. LIBEL AND SLANDER. § 1. Criminal responsibility. Where a newspaper mailed copies of a paper containing a libel to subscribers in other counties, he was punishable either in the county where the paper was published or in any county to which copies were sent, under Rev. Code Gr. Proc. §§ 72, 73.-State v. Huston (S. D.) 451. Point annotated. See syllabus. Where parties were tenants in common in crops, a landowner could not be guilty of converting the crops, unless he sold, destroyed, or removed them from the farm.-Rector v. Anderson (Minn.) 884. |