LICENSES.

Authorizing sale of homestead by executor or administrator, see "Executors and Administrators," § 5.

Authority of agent giving license, see "Principal and Agent," § 3.

For sale of intoxicating liquors, see "Intoxica-
ting Liquors," § 1.
Places of amusement, see "Theaters and
Shows."

Power of city to exact license fee from tele; phone company, see "Municipal Corporations," $ 4.

§ 1. For occupations and privileges. Pub. Acts 1901, pp. 345, 348, No. 222, §§ 4, 12, held not to authorize a city board of plumbing examiners to collect fees for their services regulated by the cost of new plumbing work as a condition to the issuance of a permit therefor.-People v. Decker (Mich.) 615.

LIENS.

Effect of proceedings in bankruptcy, see "Bankruptcy," § 1.

Particular classes of liens.

See "Mechanics' Liens."

Landlord's lien for rent, see "Landlord and Tenant," § 4.

Mortgage, see "Chattel Mortgages," § 2; "Mortgages," § 2.

LIFE ESTATES.

See "Homestead," § 3.

Creation by will, see "Wills," § 4.

A suit to enforce a mortgage and the mortgagee's guaranty of payment held not defeated because children interested in the fund secured may come into being.-Miller v. McLaughlin (Mich.) 777; Same v. Walker, Id.

LIFE INSURANCE.

See "Insurance."

LIMITATION.

Of municipal indebtedness, see "Municipal Corporations," § 9. Self-executing limitation on municipal indebtedness, see "Constitutional Law," § 1.

LIMITATION OF ACTIONS.

See "Adverse Possession."

Answer as plea of confession and avoidance, see "Pleading," § 3.

Effect of taking tax title by tenant in common on statute of limitations, see "Tenancy in Common."

Particular actions or proceedings.

See "Execution," § 1.

*Where certain charges sued for were part been made within six years prior to the comof a running account on which payments had mencement of the suit, such items were not barred by limitation.-Brazel v. Thompson Smith's Sons (Mich.) 1097.

An amended petition setting up a new cause of action, barred when the amended petition is filed, is demurrable.-Clifford v. Thun (Neb.) 1052.

*Where an injury to the crops and lands of one is caused by the negligent construction of a railway embankment, which arrested and held upon said lands the flood waters of a natural stream, such party's cause of action accrues at the date of the injury.-Chicago, B. & Q. R. Co. v. Mitchell (Neb.) 1144.

§ 3. Operation and effect of bar by limitation.

try and detainer is barred as against a grantor, If the right to bring an action of forcible enso likewise is it as against the grantee.-Weatherford v. Union Pac. R. Co. (Neb.) 183.

LIMITATION OF LIABILITY.

In contract of employment, see "Master and
Servant," § 3.
Of insurer, see "Insurance," § 6.

LIQUIDATED DAMAGES.

See "Damages," § 2.

LIQUOR SELLING.

See "Intoxicating Liquors."

LIS PENDENS.

On alienation of lands, pendente lite depositions taken after the alienation and before the alienee became a party to the cause may be used against him.-Morris v. Linton (Neb.) 927; Linton v. Morris, Id.

The assignee of a judgment under an assignment made after the commencement of a garnishment action is a stranger to the garnishment action, and the judgment therein is not conclusive in his favor.-Allen v. Ellis (Wis.) 739.

LIVE STOCK.

Injuries from operation of railroads, see "Railroads," § 6.

LOAN COMPANIES.

§ 1. Statutes of limitation.

An action to recover for timber taken from state lands, for damages above its value, under Laws 1895, c. 163, § 7, is for a penalty, and must be commenced within three years, under Gen. St. 1894, § 5136.-State v. Buckman (Minn.) 240.

LOCAL ACTIONS.

See "Venue," § 1.

LOGS AND LOGGING.

Authority of agent giving license to cut standing timber, see "Principal and Agent," § 3.

Estoppel of purchaser of standing timber to deny abandonment of contract, see "Estoppel," § 1.

Limitation of action to recover damages to state land by removal of timber, see "Limitation of Actions," § 1.

*Where logs were sold for a certain price per foot, the number of feet to be ascertained by scaling, the parties were not bound by the scale, if erroneous.-Robinson v. Ward (Mich.) 373.

In an action to recover the price of logs sold, held, that a finding that the parties did not agree that the scale of the logs by the Surveyor General should bind the parties as to the quantities delivered was sustained by the evidence. Nelson v. Charles Betcher Lumber Co. (Minn.) 833.

LOST INSTRUMENTS.

Indictments, see "Indictment and Information," § 1. Mandamus to compel certification of copies of lost or stolen indictments, see "Mandamus," § 2.

Sufficiency of delivery of deed as affecting action to reestablish, see "Deeds," § 1.

Under Comp. Laws 1897, § 448, not restricting the jurisdiction of courts of chancery in matters before cognizable, a bill seeking to have a lost or destroyed deed restored, and for a record of the decree for complainant's protection, presented a cause of equitable cognizance. -Blackford v. Olmstead (Mich.) 47.

LOTTERIES.

Mandamus to compel carrier's acceptance of packages from persons engaged in lottery business, see "Mandamus," § 2.

1. Regulation and prohibition. A company distributing money collected from its patrons, less a percentage retained as a commission, in accordance with priority in the number of certificates given each so-called investor, held in a lottery business.-State v. United States Express Co. (Minn.) 556.

LUMBER.

See "Logs and Logging."

LUNATICS.

See "Insane Persons."

MACHINERY.

Evidence on a prosecution for maliciously severing and carrying away fruit trees held insufficient to support a conviction.-State v. Roscum (Iowa) 800.

An instruction on a trial for severing and carrying away fruit trees, with reference to the weight of the evidence showing identified fruit trees on accused's land, held not prejudicial.-State v. Roscum (Iowa) 800.

MALICIOUS PROSECUTION.

See "False Imprisonment."

1. Termination of prosecution.

*The complaint for malicious prosecution held not to show, as is necessary, that the prosecution was terminated in plaintiff's favor before commencement of the action.-Schaefer v. Cremer (S. D.) 468.

MANDAMUS.

Previous decisions in mandamus proceeding as To compel admission of pupil to school, see To compel issuance of warrant for money paid to "Schools and School Districts," § 1. redeem from tax sale, see "Taxation," § 8. 8 1. Nature and grounds in general. circuit judge to dissolve an injunction held not An applicant for mandamus to compel a entitled to the writ on the ground of delay in the trial of the injunction suit, where such_delay was procured by himself.-Chatfield v. Lenawee Circuit Judge (Mich.) 45.

law of case, see "Courts," § 1.

*Mandamus will be granted only when failure of justice would result if the writ were refused.-State v. (Minn.) 556. United States Express Co.

*Mandamus will not issue where it does not appear that there is a legal right in the relator to the thing demanded, nor to an imperative duty on the part of defendant to perform the act.-State V. United States Express Co. (Minn.) 556.

*Mandamus will not lie to compel the doing of an act which without its command would not be lawful.-State v. United States Express Co. (Minn.) 556.

§ 2. Subjects and purposes of relief. *Applicant for an office entitled to a preference under the law of the Thirtieth General Assembly (Laws 1904, p. 8, c. 9), providing for a preference in favor of the soldiers and sailors of the Civil War, held entitled to mandamus to compel his appointment.-Shaw v. City Council of Marshalltown (Iowa) 1121.

Mandamus will not lie to require a judge to dissolve a temporary injunction, which he has

MAINTENANCE.

See "Champerty and Maintenance."

MALICE.

See "Malicious Mischief."

As element of crime of arson, see "Arson."

MALICIOUS MISCHIEF.

there is equity in the bill for an injunction.Chatfield v. Lenawee Circuit Judge (Mich.) 45.

Relator held not entitled to mandamus to compel the certification of a special drain assessment roll to the supervisor of a township prior to the complete construction of the drain.Sherwood v. Rynearson (Mich.) 392.

Mandamus to compel vacation of order denying motion for leave to file amended declaration will not lie.-Jones v. Mandell (Mich.) 692.

A circuit court, having failed and refused to certify certain copies of lost or stolen indictments on sufficient proof of authenticity, might be compelled by the Supreme Court to do so by mandamus.-State v. Circuit Court in and for Beadle County (S. D.) 1048.

3. Jurisdiction, proceedings, and re

lief.

MASTER AND SERVANT.

See "Work and Labor."

Act declaring restriction of railroad's liability for injuries illegal, as violation of liberty to contract, see "Constitutional Law," § 3. Availability of defense of assumption of risk in action for personal injuries against person who is not an employer, see "Negligence," § 2. Harmless error in action for injuries to servant, see "Appeal and Error," § 18.

Instructions as to credibility of employé as witness in action against employer, see "Trial," § 5. Persons entitled to allege error in action for injuries to servant, see "Appeal and Error," § 13.

Submission of interrogatories to jury in action for injuries to servant, see "Trial," § 6. View of premises by jury in action for injuries, see "Trial," § 1.

§ 1. The relation.

A contract between a baseball club and a player construed, and held not simply one for personal services, subject to the rule that the illness of the party who has obligated himself to render such services terminates the contract.-Egan v. Winnipeg Baseball Club (Minn.) 947.

*If a contract of employment by the year has been entered into for a definite period, continued service of the same nature, rendered from year to year after this period has expired, will be presumed to have been performed under the original contract.-Fitch v. Martin (Neb.) 1072.

§ 2. Services and compensation.

In an action to recover salary due under a baseball contract, evidence held to sustain verdiet for plaintiff.-Egan v. Winnipeg Baseball Club (Minn.) 947.

general.

Contract between railroad and brakeman held restricting a railroad's liability for injuries to to violate Code, § 2071, declaring contracts Chicago, R. I. & P. Ry. Co. (Iowa) 1135. employés or others illegal.-Mumford

§ 4.

V.

Tools, machinery, appliances, and places for work.

Master is not liable for injuries to a servant from appliances not recognized in their nature as dangerous.-Lynn v. Glucose Sugar Refining Co. (Iowa) 577.

In an action by a servant for injuries, facts considered, and held insufficient to show negligence of defendant in the selection of tools. -Lynn v. Glucose Sugar Refining Co. (Iowa) 577.

A contractor held not liable for injury to employé through negligence of another contractor's employé.-Penner v. Vinton Co. (Mich.) 385.

The doctrine of safe place to work held to have no application, where the place is merely made unsafe by the negligent act of a third person, for which the employer is not liable.Penner v. Vinton Co. (Mich.) 385.

the fall of a staging, held, under the evidence, *In an action for injuries to an employé by that the duty of the master should have been controlled by the hazardous character of the work, and that his duty to furnish a reasonably safe place to work would not be avoided by authorizing any co-employé to select the material for the scaffolding without making him a representative of the master. - Carlson v. Haglin (Minn.) 297.

Anterior negligence of one defendant held not to shield the other defendant from responsibility for its own negligence.-Campbell v. Railway Transfer Co. (Minn.) 547.

$ 5.

Fellow servants.

A railroad construction company, operating a temporary track along the grade, held "operating a railroad," within Code 1897, § 2071. making companies so engaged liable for injuries Mace v. H. A. Boedker & Co. (Iowa) 475. to employés by the neglect of fellow servants.

*A foreman placed in charge of the work held a vice principal.-Barrett v. Reardon (Minn.) 309.

while operating a steam shovel on a temporary In an action for personal injuries received truck, held, that the plaintiff and his fellow servants were not at the time of the accident Great Northern Ry. Co. (Minn.) 1079. engaged in operating a railway.-Jemming v.

In an action for injuries received while operating a steam shovel, held, that the danger was not one of the hazards peculiar to the operation of a railroad, and therefore was not within section 2701, Gen. St. 1894.-Jemming v. Great Northern Ry. Co. (Minn.) 1079.

In an action for injuries received while operating a steam shovel, held, that the engineer low servant of the plaintiff.-Jemming v. Great whose negligence caused the injury was a felNorthern Ry. Co. (Minn.) 1079.

jury of the question whether defendant was guilty of negligence.-Berg v. United States Leather Co. (Wis.) 60.

Where the evidence shows ordinary care might be wanting on the part of two employés of defendant railroad, it was insufficient to authorize a submission of the question of their wanton negligence, occasioning the death of a brakeman from a collision with an engine. McGillis v. Duluth & N. M. Ry. (Minn.) 231.

*In an action for injuries by the fall of a staging, whether by appointment of a co-employé to select the material the master fulfilled his obligation to the servant, furnishing him a safe place to work, was a question for the jury. -Carlson v. Haglin (Minn.) 297.

*Whether an employé assumed the risk held, under the evidence, a question for the jury. Barrett v. Reardon (Minn.) 309; Campbell v. Railway Transfer Co., 547.

*Whether an employé was injured by negligence of the foreman held a question for the jury.-Barrett v. Reardon (Minn.) 309.

juries.

In an action against a railroad for injuries held sufficient in the absence of request for to a brakeman, charge as to rule of defendant more specific charge.-Mumford v. Chicago, R. I. & P. Ry. Co. (Iowa) 1135.

In an action for injuries to a servant, charge on the question of negligence held not erroneous in failing to take the questions of contributory negligence, etc., into consideration.-Mumford v. Chicago, R. I. & P. Ry. Co. (Iowa) 1135.

Charge on the issue of whether the partition of a bin in which a servant was working was reasonably safe or not held proper.-Mueller v. Northwestern Iron Co. (Wis.) 67.

Charge on master's duty in furnishing safe and suitable appliances held general, misleading. and properly refused.-Mueller v. Northwestern Iron Co. (Wis.) 67.

§ 11. Liabilities for injuries to third

persons.

Servant held not as a matter of law to have assumed the risk.-Shalgren v. Red Cliff Lumber Co. (Minn.) 531.

Evidence examined, and held that the question of negligence as to both defendants was for the jury. Campbell V. Railway Transfer Co. (Minn.) 547.

In an action by a servant for personal injuries, evidence held sufficient to take the case to the jury on the question of defendants' alleged negligence.-Kohout v. Newman (Minn.) 764.

*Where there is a dispute of fact as to whether the employment was with an independent contractor or the employer of such contractor, the question is for the jury.-Caron v. Powers-Simpson Co. (Minn.) 889.

In an action to recover for personal injuries caused by alleged negligence, held there was such a dispute of fact as to the party employing plaintiff as should have been submitted to the jury.-Caron v. Powers-Simpson Co. (Minn.) 889.

ter v. Grand Rapids Ry. Co. (Mich.) 380.

Where a disorderly person is arrested by a police officer, the presumption is that the officer is acting in his official capacity, and not as al agent of the party who pays him.-Foster v. Grand Rapids Ry. Co. (Mich.) 380.

*Where a special deputy sheriff, paid by a street railroad company, acts solely in his capacity as an officer in assaulting a passenger. the street railway company is not liable.-Fos ter v. Grand Rapids Ry. Co. (Mich.) 380.

One who is interested in the work to be per formed, and, to expedite it, assists the servants of another at their request, has a right to be protected against the carelessness of the other's servants.Meyer v. Kenyon-Rosing Mach. Co. (Minn.) 132.

Plaintiff, representing himself and the purchasers of a threshing machine, and assisting to adjust certain parts thereof at the request of de Meyer v. Kenyon-Rosing Mach. Co. (Minn.) 132 fendant's servant, held not a mere volunteer.

The master is liable for the acts of his serv ant within the general scope of his employment.-Chicago, R. I. & P. Ry. Co. v. Ker (Neb.) 49.

MATERIALITY.

*Where, in an action by a servant. for

MAXIMS.

MEASURE OF DAMAGES. See "Damages," § 3.

From flowage, see "Waters and Water Courses." § 3.

MECHANICS' LIENS.

Foreclosure by foreign corporation, see "Corporations," § 9.

§ 1. Right to lien.