A board of directors of an independent dis-
trict may, on vote of the electors, appropriate
funds for highways for better access to school-
houses, and levy a tax therefor.-Bogaard v.
Independent Dist. of Plain View (Iowa) 859.
The power of the board of directors of a dis-
trict township to obtain a highway for access to
a schoolhouse is not limited to cases where the
schoolhouse is not situated on a highway.-—
Bogaard v. Independent Dist. of Plain View
(Iowa) 859.
SHERIFFS AND CONSTABLES.
The requirement of How. Ann. St. § 5040, as
to notice of intention by the board of school
A city marshal, in executing a warrant lawful
inspectors to change the boundaries of a frac- on its face, and issued by proper authority, is
tional school district, is jurisdictional.-Graves not liable in an action for false imprisonment.
v. Joint Board of School Inspectors of Benton-Atwood v. Atwater (Neb.) 574.
and Grant Townships (Mich.) 60.
Under Laws 1891. c. 56, a teacher cannot be
employed unless holding a lawful certificate.-
Hardy v. Purinton (S. D.) 158.
Where, after levy, but before sale, the debtor
pays the amount of a judgment and costs into
court, and the execution is recalled, the sheriff
is not entitled to fees for collecting the judg
ment.-Nordyke-Marmon Co. v. Jones (Iowa)
A constable will be protected in levying exe
cution on a void judgment entered in good faith
by a justice, unless the levy is willfully ex
cessive, and made with intent to oppress the
execution defendant. - Thompson v. Jackson
(Iowa) 1004.
A father may, in his own right, and for his
own benefit, sue for the seduction of his adult
daughter only if she is a member of his fam- See "Constitutional Law."
ily. Schmit v. Mitchell (Minn.) 140.
Where, after an indictment for seduction,
prosecutrix makes an affidavit that defendant
did not seduce her, and on the trial she testifies
that she was induced to make the affidavit by
threats and promises made by defendant, the
question of her veracity is for the jury.-State
v. Bradbury (Iowa) 192.
Sufficiency of evidence to sustain conviction,
the evidence of the prosecuting witness being
contradictory, and there being slight corrobora-
tion.-State v. Bollerman (Iowa) 183.
A widow will be enjoined from removing her
husband's remains because his daughter, who
owns the burial lot, refuses to permit the
widow to erect a monument thereon.-Thomp
son v. Deeds (Iowa) 842.
Where a daughter who owns a lot permits her
father's remains to be buried therein, she im-
pliedly gives his widow the right to erect a
monument, but not to inclose the lot with cop-
ing.-Thompson v. Deeds (Iowa) 842.
See "Master and Servant."
SET-OFF AND COUNTER-
CLAIM.
An objection to matters set up in the answer
as not constituting a counterclaim can be raised
only by setting up a demurrer.-First Nat. Bank
v. Laughlin (N. D.) 473.
Where a husband buys a decree of foreclosure
of a mortgage on land of his wife, and agrees
to hold the property for her, and, if she wants
to sell it, only to require payment of the ex-
penses, she is entitled to set off against the same
a debt due from the husband to her.-Moore v.
Smith (Mich.) 538.
SPECIFIC PERFORMANCE.
Right to compel specific performance of a
proposition made by defendant for the sale of
land, when there was a mere verbal agree-
ment by plaintiff to accept, and the payment
tendered by him was not in conformity with the
offer.-Naylor v. Butcher (Iowa) 989.
Spirituous Liquors.
See "Intoxicating Liquors."
STATES AND STATE OFFI-
CERS.
Expenses of militia, see "Militia."
Duty of auditor to draw his warrant on the
treasurer for the payment of indebtedness in-
curred for the sustenance and compensation of
troops ordered out by the governor.-Prime v.
McCarthy (Iowa) 220.
Statute of Frauds.
See "Frauds, Statute of."
Statute of Limitations.
See "Limitation of Actions."
Laws 1893, c. 206, authorizing reassessments
for local improvements, is constitutional.-In re
City of Duluth (Minn.) 678; Reynolds v. City
Scoville v. City of Duluth, Id.
of Duluth, Id.; In re Piedmont Ave. East, Id:
Comp. Laws, § 3111, relating to stockholder's
liability for corporate debts, is repealed by
Comp. Laws, § 2933.-Busby v. Riley (S. D
164.
Where an administrator mortgages the lands
of the estate, and purchases for the heirs the
widow's dower, though the mortgage is void,
he is subrogated to the lien of the dower inter-
est.-Campbell v. Smith (Mich.) 654.
Construction of subscription paper, providing
for payment of a sum to erect a hospital, and
of a further sum to support beds therein for the
use of soldiers, as to the sufficiency of consid-
eration therefor.-Cottage Hospital v. Merrill
(Iowa) 490.
Where one subscribed money to support beds
in the hospital for the use of soldiers, he is not
relieved from such subscription by the failure
of the hospital to give notice that such beds
were for soldiers, the subscription contract not
requiring this to be given.-Cottage Hospital v.
Merrill (Iowa) 490.
.1112
.1118 1889, ch. 184. subch. 7. §
.1125 25. Eau Claire City
565 Charter ...
our names," they form but one contract.-Da-
vis v. Campbell (Iowa) 1053.
Summary Proceedings.
See "Landlord and Tenant."
See "Writs and Notice of Suits."
It is no defense for negligent shooting that
plaintiff and defendant were unlawfully shoot-
ing on the Sabbath.-Gross v. Miller (Iowa) 355.
See "Principal and Surety."
Liability of railroad company for damages to
the owners of neighboring lands, caused by the
construction of an embankment so as to cause
surface water to flow upon such lands.-Bun-
derson v. Burlington & M. R. R. Co. (Neb.) 721.
Review of circumstances under which a land-
owner may drain surface water from his land
on that of another.-Sheehan v. Flynn (Minn.)
462.
One draining his land may deposit the sur-
face water in a natural drain, though it is
thereby conveyed on a neighbor's land, provided
it does not unreasonably injure the latter.-
Sheehan v. Flynn (Minn.) 462.
A landowner cannot collect surface water so
as to cause its flow on land of an adjoining own-
er in a manner different from its natural flow.-
Stinson v. Fishel (Iowa) 1063.
An averment that defendant notified plaintiffs
that he had canceled his subscriptions before
any money had been expended was properly
stricken out where there was no averment that
notice was given before plaintiffs accepted the For school purposes, see "Schools and School
contract.-Davis v. Campbell (Iowa) 1053.
Where separate papers containing a contract Of railroad, see "Railroad Companies."
of subscription were identical, except that one Of telegraph companies, see "Constitutional
contained the words "the amounts set opposite Law."
Evidence sustaining a finding that a bank
had no money of the shareholder with which to
pay the tax on his shares.-Farmers' & Trad-
ers' Nat. Bank v. Hoffmann (Iowa) 418.
Laws 1893, No. 206, § 53, does not authorize
the recovery of taxes paid to the county treas
urer under protest.-Weston v. Luce County
(Mich.) 15.
Sufficiency of warrant attached to one of two
books of which the tax list consisted as au-
thorizing collection of taxes in both books.
Reynolds v. Fisher (Neb.) 695.
The county treasurer has no authority to col-
lect taxes if no warrant is attached to the tax
list delivered to him.-Reynolds v. Fisher (Neb.)
695.
the validity of the deed under Code, § 897.-
Baird v. Law (Iowa) 1086.
Possession by a purchaser at tax sale for five
years does not bar an action by the former own-
er if the taxes for which the land was sold had
in fact been paid.-Rath v. Martin (Iowa) 941;
Block v. Same, Id.
Validity of sale for taxes levied according to
the legal description of the land, where taxes
levied under a different description, which was
sufficient to identify the property, had been paid.
-Rath v. Martin (Iowa) 941; Block v. Same,
Id.
Taxation of Costs.
Amount of recovery by plaintiff. under the
revenue law of 1879, on the foreclosure of a
valid tax-sale certificate.-Alexander v. Thacker See "Schools and School Districts."
(Neb.) 738.
An assessment on the capital stock of a bank
as the personal property of the bank, without
mention of the shareholders, is void.-Farm-
ers & Traders' Nat. Bank v. Hoffmann (Iowa)
418.
Taxable persons and property.
Surplus moneys and credits of a savings bank
are taxable as part of the paid-up capital, un-
der Acts 15th Gen. Assem. c. 60, § 28.-Iowa
State Sav, Bank v. City Council of Burlington
(Iowa) 851.
Unsurveyed portions of the Northern Pacific
land grant are exempt from taxation where the
survey fees have not been paid.-Northern Pac.
R. Co. v. McGinnis (N. D.) 1032.
Liability of bank under Code, § 819, for the
tax on shares of capital stock as the agent of
the shareholders.-Farmers' & Traders' Nat.
Bank v. Hoffmann (Iowa) 418.
The taxes assessed on personal property are
liens upon all personal property owned by the
person assessed.-Reynolds v. Fisher (Neb.) 695.
Right of county treasurer to bring replevin
for articles on which there is a lien for taxes,
there being no statutory remedy in the prem-
ises.-Reynolds v. Fisher (Neb.) 695.
The lien of taxes is paramount to an attach-
ment levied subsequent to the delivery of the
tax list to the county treasurer,-Reynolds v.
McMillin (Neb.) 699.
Taxation, see "Constitutional Law."
Where a message is sent under an agreement
that the company shall be liable for mistake or
delay in a message not repeated, the sender can-
not recover for delay in a message not repeated,
though the delay would have occurred if it had
been repeated.-Birkett v. Western Union Tel.
Co. (Mich.) 645.
Liability of telegraph company for delay of
several hours in the delivery of an unrepeated
message, owing to the temporary failure of an
operator, at a very small suburban station, to
make a connection.-Birkett v. Western Union
Tel. Co. (Mich.) 645.
A condition on a telegraph blank relieving the
company from liability for delay or mistake un-
less the message is repeated is valid.-Birkett
v. Western Union Tel. Co. (Mich.) 645.
TENANCY IN COMMON.
Where one tenant demands that the other pay
for his relief, and the latter refuses to do so.
and retains exclusive possession, there is such
an assertion of a hostile claim as to constitute
an ouster.-Cameron v. Chicago, M. & St. P.
Ry. Co. (Minn.) 814.
An action to foreclose a tax lien is barred
within five years after the time to redeem from See "Landlord and Tenant."
the tax sale has expired.-Alexander v. Thacker
(Neb.) 738.
On the foreclosure of a tax lien based on a
valid tax sale, the court should award the plain-
tiff an attorney's fee amounting to 10 per cent.
of the amount of the decree. Alexander v.
Thacker (Neb.) 738.
A creditor loses no rights by reason of a
tender made before the maturity of the debt.-
Moore v. Kime (Neb.) 736.
A valid tax deed cannot be executed under the
present revenue law, the legislature not having
provided for an official seal for county treas-
urers.-Alexander v. Thacker (Neb.) 738.
The 15-years statute of limitations applies to See "Powers."
the claim of a purchaser at a tax sale to re-
fundment on the declaration by a judgment of
court that the tax sale is void.-State v. Nor-
ton (Minn.) 458.
Possession under a void deed is not evidence
of title.-Baird v. Law (Iowa) 1086.
In an action to quiet title, where plaintiff re-
lies on a tax deed, defendant cannot plead lim-
itations without showing title in himself.-Baird
V. Law (Iowa) 1086.
In an action to quiet title under a tax deed,
defendant must show title before questioning
THREATS AND THREATEN-
ING LETTERS
Sufficiency of the complaint on a prosecu-
tion for threatening to accuse another of per
jury with intent to procure his signature to a
deed.-People v. Whittemore (Mich.) 13.
On trial for threatening to charge the pros-
ecuting witness with perjury, evidence that de-
fendant had procured his arrest for perjury is
admissible on the question of intent.-People
v. Whittemore (Mich.) 13.
On an issue as to the offense of threatening
one with a prosecution for perjury in order to
compel him to do an act against his will, the
question whether the latter was really guilty of
perjury is immaterial.-People v. Whittemore
(Mich.) 13.
Tax title, see "Taxation."
See "Deceit"; "Libel and Slander"; "Malicious
Prosecution"; "Negligence"; "Trespass";
"Trover and Conversion."
Measure of damages for, see "Damages."
Evidence showing that the loss of a scow
was due to the negligence of the owner there-
of, who was in charge of it, and not to the
mismanagement of those in charge of the tug.
-Wanner v. Mears (Mich.) 2.
See, also, "Bridges"; "Counties"; "Drainage";
"Highways"; "Municipal Corporations";
"Schools and School Districts."
It is the duty of the president and trustees of
a village to give notice of election of village offi-
cers, and prepare therefor, when under the char-
ter they are required to be elected annually.
State v. Young (S. D.) 165.
Transactions with Decedents.
See "Witness."
An issue arising on a motion may be tried
without formal pleadings.-Turner v. St. Clair
Tunnel Co. (Mich.) 72.
The refusal of the court to require the serv-
ice of a stenographic reporter on the trial is
not necessarily reversible error.- Home Fire
Ins. Co. of Omaha v. Galley (Neb.) 84.
Discretion of court as to the order in which tes-
timony shall be received. Studebaker Bros.
Manuf'g Co. v. Langson (Wis.) 773.
Right of court to refuse, after plaintiff had
rested, to allow defendant to amend his an-
swer so as to allow it to secure the opening
and closing of the case.
Manuf'g Co. v. Langson (Wis.) 773.
Studebaker Bros.
In an action against a railroad company for
an accident at a crossing, it is error to allow
the jury to view the premises, and observe from
different points the running of an engine over
the crossing.-Moore v. Chicago, St. P. & K. C.
Ry. Co. (Iowa) 992.
in an action on an accident insurance policy,
Where the answer admits due proof of death
but denies that the death was caused by acci-
dent, plaintiff may read the admission to the
jury without reading also the denial.-Jones T.
United States Mut. Acc. Ass'n of City of New
York (Iowa) 485.
The fact that plaintiff unnecessarily negatives
certain conditions does not place on him the
burden of proof to sustain such allegations.-
Jones v. United States Mut. Acc. Ass'n of City
of New York (Iowa) 485.
Objection to the action of the jurors in taking
notes of testimony, and carrying them to their
room, should be made before they retired, if the
complaining party knew of such action on their
part.-Watson v. Roode (Neb.) 625.
Harmless error in overruling a demurrer.
when defendant afterwards answered, and ev
ery question of law and fact relied upon by him
was fully presented.-State Bank Building Co.
v. Peirce (Iowa) 426.
Evidence examined, and held, that the verdict udicial where it was already in evidence→C1-
A striking out of an explanation is not prej-
for damages was excessive.-Mitchell v. Mitch-kins v. Chicago, M. & St. P. Ry. Co. (Iowa) 42.
ell (Minn.) 682.
Trespass will not lie by the grantee of land
against a railroad company occupying a part
of it under parol agreement, of which grantee
knew when he purchased.-Scarvell v. Grand
Rapids & I. R. Co. (Mich.) 534.
A settler on unoccupied public lands, who has
placed a timber culture title thereon, can re-
cover damages as against trespassers who have
forcibly excluded him therefrom. - Olson
Huntamer (S. D.) 479.
Where defendant continued to occupy land in
good faith after notice to quit, he is still liable
for treble damages.-Lane v. Ruhl (Mich.) 347.
In trespass against one holding possession
after termination of his lease and notice to sur-
render, interest on installments of rent, the
basis of the damages, is properly recovered.
Lane v. Ruhl (Mich.) 347.
Where defendants wrongfully dug a drain on
plaintiff's land, they may show that it was a
benefit, in reduction of damages.-Burtraw v.
Clark (Mich.) 552.
Where a drain was wrongfully dug, plaintiff
cannot recover the cost of filling it where it
does not appear that he intends to do so.-Bur-
traw v. Clark (Mich.) 552.
See, also, "Appeal"; "Certiorari"; "Continu-
ance"; "Evidence": "Judgment"; "Jury";
"New Trial"; "Pleading"; "Practice in Civil
Cases"; "Witness."
Right to jury trial, see "Jury.”
Reception of evidence.
Evidence valuable only when supported by an
agreement may be excluded until such agree
ment is proven.-Lungerhausen v. Crittenden
(Mich.) 270.
On an offer to prove, the question to be an-
swered must clearly show that a favorable an
swer would tend to establish some fact materia!
to the issue.-Cutting v. Baker (Neb.) 726.
It is proper to permit plaintiff. in case of
doubt, to repeat, in rebuttal, testimony given
on the opening of his case.-Chamberlain v. De
troit Stove Works (Mich.) 532.
The overruling of an objection to evidence
will not be reviewed where no ground for the
objection is stated.-Lungerhausen v. Crittenden
(Mich.) 270.
An objection to evidence, without stating the
grounds therefor, should be overruled.-Steven
son v. Chicago & N. W. Ry. Co. (lowa) 964.
A motion to strike out a witness' testimony
will be overruled where a part is competent.-
Totten v. Burhans (Mich.) 58.
Arguments of counsel.
Remarks by plaintiff's counsel, in an action
against a railroad company, as to its having
swallowed another smaller road, and its at-
tempt to dodge liability, which were held not
cause for reversal.-Williams v. Cleveland, C.,
C. & St. L. Ry. Co. (Mich.) 52.
Right of attorney to read an order of the
court to produce certain books, which defend-
ant failed to obey, and to comment on such fail-
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