For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
from that designated in information.-Larson
v. State, 981.
44(4) (Neb.) Evidence held to prove em-
bezzled check to have been property of corpo-
ration named in indictment.-Larson v. State,
981.
Formal proof of incorporation of corporation
from which defendant was alleged to have em-
bezzled not necessary.-Id.
1. NATURE, EXTENT, AND DELEGATION
2(1) (Wis.) Village liable for damages in
putting property into a residence district.-Pera
v. Village of Shorewood, 623.
2(11) (Neb.) Taxing in excess of benefits
of local improvements constitutes taking prop-
erty without just compensation.-Futscher v.
City of Rulo, 536.
(A) Creation and Operation in General.
29(1) (Iowa) Grantee not estopped by
deed unless claiming thereunder.-Hess Mas-
ters, 6.
III. EQUITABLE ESTOPPEL.
(A) Nature and Essentials in General.
52 (Wis.) "Waiver" is voluntary relin-
quishment of a known right.-Nelson v. Caddo-
Texas Oil Lands Co., 155.
53 (Iowa) Party estopped must intend acts
to be relied on.-Hess v. Masters, 6.
62(6) (Neb.) When city may be estopped
as to matters within its governmental and pro-
prietary capacities stated.-Nebraska City v.
Nebraska City Speed & Fair Ass'n, 374.
(B) Grounds of Estoppel.
70(2) (Mich.) No estoppel against director
Iclude his claim in annual report.-Spence v.
Sturgis Steel Go-Cart Co., 393.
III. PROCEEDINGS TO TAKE PROPERTY suing corporation for services by failure to in-
238 (6) (Wis.) In suit for damages in dis-76 (Iowa) Husband not estopped to claim
tricting a village, validity of the statute may ownership as against wife's creditor.-Hess v.
not be attacked on appeal.-Pera v. Village of
Masters, 6.
Shorewood, 623.
256 (Wis.) Taxpayer may appeal from
agreement as to damages in laying out high-
way: "award of damages."-State v. Lear, 1014.
262(5) (Minn.) On appeal from council's
proceedings for establishing restricted district,
admission or rejection of expert's testimony as
to damages or benefits held harmless.-In re
Establishment of Restricted Residence Dist.,
263 (Minn.) Appellants held entitled to
final award of damages by appraisers appointed
by court where they had made timely objections
to assessments by appraisers appointed by city
council.-In re Establishment of Restricted
Residence Dist., 292.
265(3) (Minn.) Law intends costs and ex-
penses of establishing restricted district to be
paid by assessments.-In re Establishment of
Restricted Residence Dist., 292.
IV. REMEDIES OF OWNERS OF PROP-
269 (Wis.) Where damage to land may
not have resulted from construction of dam,
order appointing commissioners will be re-
versed without prejudice to right to sue.-In
re Gehrke, 1020.
93 (7) (Neb.) Riparian proprietors held es-
topped to object to grant of permission to city
Card, 350.
to increase water supply.-City of Chadron v.
(D) Matters Precluded.
106 (Iowa) Defense of laches, acquies-
quo warranto.-State v. Kinkade, 662.
cence, or estoppel available to defendants in
(E) Pleading, Evidence, Trial, and Re-
119 (Wis.) "Waiver" is voluntary relin-
quishment of a known right, and a question
of fact.-Nelson v. Caddo-Texas Oil Lands
Co., 155.
120 (Iowa) Held properly submitted to ju-
ry, though not so styled.-Miller v. Conn, 902.
See Cancellation of Instruments: Discovery;
Injunction; Partition; Quieting Title: Refor-
mation of Instruments; Specific Perform-7 (Iowa) Judicial notice taken of unas-
ance; Subrogation; Trusts.
I. JURISDICTION, PRINCIPLES, AND
(A) Nature, Grounds, Subjects, and Extent
of Jurisdiction in General.
certainable causes of crack in cast iron.-First
Nat. Bank v. Royal Indemnity Co., 934.
20(1) (Wis.) Judicially known that insur-
ance agents act jointly.-Diefenbach v. Jarett,
189.
45 (N.D.) Court will take judicial notice
that Walker D. Hines ceased to be director
39(1) (Iowa) Should retain jurisdiction of general of railroads, and appointment of suc-
suit for complete settlement of all disputes.-cessor.-Asch v. Washburn Lignite Coal Co.,
Blankenhorn v. Edgar, 893.
58 (Mich.) Persons presumed capable of
having issue as long as they live.-Rozell v.
Rozell, 489.
65 (Iowa) Buyer of land from husband
and wife presumed to know homestead law.-
Pagel v. Tietje, 938.
76 (Iowa) Jury can draw unfavorable in-
ferences from failure of defendant to testify
in action for fraud.-Henderson v. Ball, 668.
77 (4) (Iowa) Jury can draw unfavorable
inferences from failure of defendant and his
brother to testify in action for fraud.--Hender-
son v. Ball, 668.
·IV. RELEVANCY, MATERIALITY, AND
COMPETENCY IN GENERAL.
(A) Facts in Issue and Relevant to Issues.
113(22) (Neb.) In damage action for delay
in shipment, market reports in journals are
not the only competent evidence of the state of
the market.-Trennt v. Chicago, B. & Q. R. Co.,
322.
missible as part of conversation showing ad-
mission of negligence.-McDermott v. Johnson,
630.
edness held of little effect.-Dexter v. Lichten-
265(3) (N.D.) Letter acknowledging indebt-
walter, 279.
VIII. DECLARATIONS.
117 (Iowa) Evidence of skid marks, blood,|(A) Nature, Form, and Incidents in Gen-
etc., after accident held admissible.-Reming-
ton v. Machamer, 32.
122(6) (N.D.) In a fireman's personal in-
jury action engineer's statement just before
collision held admissible as part of res gestæ.
-Asch v. Washburn Lignite Coal Co., 757.
271 (20) (Iowa) Exclusion of pleadings held
proper, when petition not signed by plaintiff,
and answer a self-serving declaration.-Welp-
ton v. Marshall, 854.
320 (N.D.) Testimony founded on hearsay,
inadmissible.-Asch v. Washburn Lignite Coal
Co., 757.
(C) Similar Facts and Transactions.
134 (Iowa) Testimony as to conduct un-323 (4) (Neb.) Market reports in journals
der prior similar releases held admissible in held competent evidence of market in damage
determining intent.-Babb v. Herring Motor action against carrier for delay.-Trennt v. Chi-
Co., 672.
cago, B. & Q. R. Co., 322.
135(2) (Iowa) Evidence of similar fraud-323 (4) (N.D.) Testimony of market value
ulent representations admissible to show fraud- based on reports neither offered nor proved
ulent intent.-Farmers' Nat. Bank of Kingsley trustworthy is incompetent.-Schnitz Bros. v.
v. Pratt, 924.
Bolles & Rogers Co., 96.
137 (Iowa) Evidence of similar fraudu-
lent representations admissible to show knowl-
edge. Farmers' Nat. Bank of Kingsley v. Pratt,
924.
142(3) (N.D.) Evidence of individual sales 340(1) (Iowa) Certified copy is sufficient
before and after tendered delivery is incom- evidence.-Harvey v. Phillips, 910.
petent, unless under conditions sufficiently
similar to show market value.-Schnitz Bros.
v. Bolles & Rogers Co., 96.
V. BEST AND SECONDARY EVIDENCE.
158(27) Iowa) Oral testimony is not best
evidence of written assignment.-Harvey v.
Phillips, 910.
X. DOCUMENTARY EVIDENCE.
Exemplifications, Transcripts, and
Certified Copies.
(D) Production, Authentication, and Ef-
376(9) (Iowa) Corporation books of ac-
count held admissible, although bookkeeper had
no personal knowledge of correctness thereof.
Farmers' Nat. Bank of Kingsley v. Pratt,
924.
166 (Iowa) Testimony of expert examin-383 (3) (Iowa) Records of weather service
ing corporation books of account held admissi-held not to render testimony as to condition of
ble as to financial condition disclosed.-Farm- sidewalk untrue.-Buffalo v. City of Des Moines,
ers' Nat. Bank of Kingsley v. Pratt, 924.
844.
178(3) (Neb.) Where engineer's estimate
was filed, approved, and adopted, parol evi-
dence is admissible to prove lost estimate.-
Hull v. City of Humboldt, 78.
XI. PAROL OR EXTRINSIC EVIDENCE AF-
FECTING WRITINGS.
(A) Contradicting, Varying, or Adding to
Terms of Written Instrument.
183 (3) (Mich.) Exhibit testified to as kind
of baggage check issued to passengers not con- 387 (2) (Neb.) Parol evidence may
not
sidered, where loss of original not sufficiently supplement legislative record where merely
accounted for.-Vanderberg v. Detroit & C. silent.-Hull v. City of Humboldt, 78.
Nav. Co., 477.
397(2) (Iowa) Written contract presumed
185(1) (Neb.) Where plaintiff denies ex- to contain entire agreement.-Security Sav.
istence of a contract defendant testifies plain- Bank v. Capp, 927.
tiff had, secondary evidence is admissible, with-408 (9) (Wis.) Express company's receipt
out notice to produce.-Dold v. Munsor, 353. for money received for transmission explain-
able by parol.-Slivick v. American Express
Co., 185.
VI. DEMONSTRATIVE EVIDENCE.
194 (Neb.) In action for damages for death 419(11) (S.D.) Parol evidence of actual
from wrongful sale of intoxicating liquors, emp-consideration admissible unless it changes con-
ty bottles and labels from defendant's drug tract.-Independent Harvester Co. v. Anderson,
store held admissible.-Thamann v. Merritt,
1003.
(A) Nature, Form, and Incidents in Gen-
eral.
208 (4) (lowa) Exclusion of pleadings held
proper, when petition not signed by plaintiff.-
Welpton v. Marshall, 854.
(C) By Grantors, Former Owners, or Priv-
ies.
230(3) (Iowa) Deceased grantor's declara-
tions inadmissible to invalidate deed in gran-
tee's possession.--Mathers v. Sewell, 636.
(D) By Agents or Other Representatives.
249(3) (Iowa) Admissions of partner after
dissolution are not competent as against an-
other partner.-Scott v. Mundy & Scott, 207.
262 (Iowa) Testimony that defendant ad-
vised plaintiff to sue liability insurer not ad-
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
ment of other party to procure lessor's con- of defendants in former trial greater.-Freeby
sent. Shinners v. Ford, 704.
v. Incorporated Town of Sibley, 685.
XIV. WEIGHT AND SUFFICIENCY.
441 (4) (Neb.) Lessor's declarations as to
suitability of premises for lessee's business in-
admissible, in absence of warranty of suitabil-588 (Wis.) Testimony that express com-
ity.-Lowe v. Payne, 320.
441(11) (Minn.) Allegation of agreement
to extend date until there was sufficient money
in maker's treasury held not a defense to note.
-Naftalin v. La Salle Holding Co., 128.
pany during World War agreed to transmit
money to Russia in 10 days held not incredible.
-Slivick v. American Express Co., 185.
591 (Iowa) Adverse party's testimony,
both favorable and unfavorable to party calling
same, can be considered.-Harvey v. Phillips,
910.
441(11) (Minn.) Parol evidence of agree-
ment as to mortgage on property exchanged
orally held not to offend parol evidence rule.-596(1) (Iowa) While plaintiff must estab-
-Tiedt v. Johnson, 779.
lish case by preponderance of evidence, he is
not required to sustain his claim by eyewit-
nesses.-First Nat. Bank v. Royal Indemnity
Co., 934.
441 (15) (Minn.) Parol evidence as to mort-
gage agreement in exchange of property held
not to vary terms of written contract.-Tiedt
v. Johnson, 779.
442(1) (Iowa) Option contract cannot be
transformed into listing contract by parol evi-
dence or contemporaneous instrument.-Bar-
nett v. Lovejoy, 1.
442(1) (S.D.) Extrinsic evidence as
agreement between contractor and his bonds-
man held admissible.-Interstate Surety Co. v.
Thompson, 115.
443 (2) (Neb.) Parol testimony inadmis-
sible to show oral agreement made at time of
and inducing writing.-Schuster
American Hotel Co., 87.
596 (2) (Neb.) In action for damages from
unlawful sale of intoxicating liquors, prepon-
derance of evidence is sufficient. Thamann v.
Merritt, 1003.
EXCEPTIONS, BILL OF.
See Appeal and Error, 544-555.
I. NATURE, FORM. AND CONTENTS IN
GENERAL.
V. North 14 (Neb.) Certified transcript from report-
er of affidavits not necessary on bill of excep-
tions to rulings on motion for new trial.-
State v. Colby, 355.
444(6) (Iowa) Parol evidence is admis-
sible to show a note was not to become en-
forceable until performance of a condition
precedent by the obligee.-City Nat. Bank of
Auburn, Ind., v. Mason, 30.
(D) Construction or Application of Lan-
guage of Written Instrument.
450(5) (S.D.) Stock subscription contract
held so ambiguous as to authorize parol evi-
dence. Independent Harvester Co. v. Ander-
son, 112.
(E) Showing Discharge or
of Obligation.
468 (Minn.) Oral testimony held not to
vary terms of written contract for sale of
flour.-Pillsbury Flour Mills Co. v. Pittlekow,
II. SETTLEMENT, SIGNING, AND FILING.
40 (4) (Mich.) Time for settling cannot be
extended by application made after 20 days
from judgment or new trial.-Miley v. Grand
Traverse Circuit Judge, 398.
40(5) (Mich.) Illness of counsel may au-
thorize extension of time, but cannot excuse
failure to comply with statute and rule.-Mi-
ley v. Grand Traverse Circuit Judge, 398.
40(5) (Neb.) Refusal of extension of time
for presenting bill of exceptions held not an
abuse of discretion.-State v. Colby, 355.
EXCHANGE OF PROPERTY.
8(4) (Iowa) Evidence insufficient to show
false representation as to area of lots conveyed
(A) Conclusions and Opinions of Wit- plaintiffs.-Johnson v. Ford, 906.
489 (Neb.) In damage action for delayed
shipment, testimony that witness and another
felt at the time that they could have gotten
more money on the previous day held incompe-
tent.-Trennt v. Chicago, B. & Q. R. Co., 322.
(B) Subjects of Expert Testimony.
508 (N.D.) Permitting physician to explain
X-ray plates in personal injury action held not
error. Asch v. Washburn Lignite Coal Co.,
757.
509 (N.D.) Testimony of medical experts
as to nature and extent of injury held proper.
-Asch v. Washburn Lignite Coal Co., 757.
(F) Effect of Opinion Evidence.
8(4) (Mich.) Evidence held insufficient to
establish fraud.-Zimmerman v. Feldman, 495.
8(4) (Minn.) In action for rescission of a
contract, evidence held insufficient to establish
fraud.-Eurich v. Bartlett, 138.
92 (Iowa) Proper assignment of corporate
568 (4) (Iowa) Court not bound by undis- stock by administrator may be required to com-
puted opinion evidence as to value. Thomp-plete transfer by deceased.-In re Stockham's
son v. Clausen, 20.
571(9) (Minn.) Opinions of medical ex-
perts are of great value, but not conclusive as
to result of personal injury.-Posch v. Payne,
132.
V. ALLOWANCES TO SURVIVING WIFE,
HUSBAND, OR CHILDREN.
180 (lowa) Widow's right to allowance
not defeated by her nonresidence.-Caldwell v.
XIII. EVIDENCE AT FORMER TRIAL OR Caldwell, 58.
IN OTHER PROCEEDING.
580 (Iowa) Transcript of evidence in for-
mer trial held not inadmissible because number
185 (Iowa) Antenuptial contract held not
a bar to widow's allowance under statute.-
Caldwell v. Caldwell, 58.
194(7) (Iowa) Widow's allowance not dis-
turbed on appeal except for abuse of discre- See Frauds, Statute of; Fraudulent Convey-
tion.-Caldwell v. Caldwell, 58.
199 (Iowa) $1,200 allowance to widow held
not abuse of discretion.-Caldwell v. Caldwell,
58.
VI. ALLOWANCE AND PAYMENT OF
CLAIMS.
I. DECEPTION CONSTITUTING FRAUD,
AND LIABILITY THEREFOR.
4 (Wis.) Vendor's false representations as
to_boundaries actionable regardless of intent.
-Lee v. Bielefeld, 587.
(A) Liabilities of Estate.
12 (Iowa) Mere false promise not fraud.-
2022 (Minn.) Plaintiff not entitled to re- City Nat. Bank of Auburn, Ind., v. Mason, 30.
cover on deceased's obligation to pay certain 12 (Wis.) Alleged promises inducing neg-
notes.-Martin Market v. Samels' Estate, 698. lect to sue in time held not actionable.-Gau-
205 (1) (Wis.) Manager making improvi- thier v. Atchison, T. & S. F. Ry. Co., 619.
dent investments estopped from claiming com-27 (Iowa) Shortage in acreage on sale in
pensation. In re Austin's Estate, 595.
gross actionable.-Miller v. Conn, 992.
214 (Iowa) Funeral expenses charged
against estate of minor.-Remington v. Ma-
chamer, 32.
221(2) (N.D.) Presumption against agree-
ment of parent to pay child for board held not
applicable.-Krapp v. Krapp, 754.
221(5) (N.D.) Evidence held to sustain
verdict for board of deceased father-in-law.-
Krapp v. Krapp, 754.
221 (5) (Wis.) Claim for gratuitous serv-
ices disallowed. In re Austin's Estate, 595.
XII. FOREIGN AND ANCILLARY ADMIN-
ISTRATION.
521 (Wis.) County court having ancillary
jurisdiction may allow claims of nonresident
creditors. In re Hanreddy's Estate, 744.
522 (Wis.) Assets in separate jurisdic-
tions not sufficient to pay debts will be treated
as one fund to be prorated among all creditors.
-In re Hanreddy's Estate, 744.
Ancillary administration in treating assets in
both jurisdictions, as one fund for creditors
will retain proper percentage of assets to as-
sure pro rata payment of claims allowed in
such administration.-Id.
(A) Rights of Action and Defenses.
31 (Iowa) Remedies available.-Miller v.
Conn, 902.
36 (Iowa) Vendee not estopped to claim
for damages for misrepresentation by failure to
disclose knowledge thereof to vendor.-Thomp-
son v. Clausen, 20.
54 (Iowa) Evidence of similar transactions
admissible.-Henderson v. Ball, 668.
58(2) (Iowa) Evidence held to show false
representations as to land.-Thompson v. Clau-
sen, 20.
(D) Damages.
59(1) (Wis.) Measure of damages for
false representation as to location of land.—
Lee v. Bielefeld, 587.
62 (Iowa) Damages for shortage in acre-
age held excessive.-Miller v. Conn, 902.
(E) Trial, Judgment, and Review.
65(1), (Iowa) Issue of fraud in sale in
gross held properly submitted.-Miller v. Conn,
902.
FRAUDS, STATUTE OF.
VII. SALES OF GOODS.
(C) Giving Earnest or Part Payment.
95(1) (Iowa) Oral agreement by which a
pre-existing debt was discharged at the time
held a payment taking contract out of statute.
-Scott v. Mundy & Scott, 207.
FRAUDULENT CONVEYANCES.
I. TRANSFERS AND TRANSACTIONS
INVALID.
(A) Grounds of Invalidity in General.
14 (Iowa) Fraud may be inferred from
circumstances.-Harvey v. Phillips, 910.
(C) Property and Rights Transferred.
43 (2) (Iowa) Conveyance to wife of prop-
erty purchased with her money is not fraudu-
lent.-Harvey v. Phillips, 910.
(D) Indebtedness. Insolvency, and Intent
of Grantor.
69(1) (Iowa) Subsequent creditor must
show an intent to defraud such creditors.--Har-
vey v. Phillips, 910.
(F) Confidential Relations of Parties.
102 (Wis.) Mortgaging property to mort-
gagor's father and to his mother-in-law was not
in itself fraud as to creditors.-Fernhaber v.
Cream City Cartage Co., 175.
104(1) (Iowa) Husband can convey prop-
erty to wife in satisfaction of bona fide debt.-
Harvey v. Phillips, 910.
104 (2) (Iowa) Wife may give earnings to
husband as against creditors. Hess v. Mas-
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(J) Knowledge and Intent of Grantee.
158(2) (Wis.) Requirements of proof that I. NATURE AND GROUNDS OF REMEDY.
mortgages were in fraud of creditors stated.-
Fernhaber v. Cream City Cartage Co., 175.
162(1) (Iowa) Intent must be mutual,
where the transfer is for consideration.-Har-
vey v. Phillips, 910.
III. REMEDIES OF CREDITORS AND
PURCHASERS.
278(2) (lowa) Plaintiff has burden of
proving fraud.-Harvey v. Phillips, 910.
295(1) (Iowa) Proof must be clear and
convincing.-Harvey v. Phillips, 910.
298(4) (Iowa) Contracting large indebt-
edness after conveyance is evidence of fraud.
-Harvey v. Phillips, 910.
299 (12) (Iowa) Less proof required to
overthrow conveyance to wife.-Harvey v. Phil-
lips, 910.
Evidence held not to show conveyance to
wife was fraudulent as to subsequent creditors.
-Id.
II. PERSONS AND PROPERTY SUBJECT
TO GARNISHMENT.
4 (Wis.) Petitioner having a remedy by writ
of error or by appeal, merits of an erroneous
conviction not considered.-Ex parte Carlson,
722.
30 (2) (Wis.) Will not reach judgment not
beyond or without the court's jurisdiction, al-
though based on defective information.--Ex
parte Carlson, 722.
1. ESTABLISHMENT, ALTERATION, AND
(B) Establishment by Statute or Statu-
tory Proceedings.
64 (Wis.) Landowner suing to enjoin
opening of road held not entitled to assert any
claim on account of deviations of the highway
as laid out on his lands.-Genske v. Veith, 1013.
III. CONSTRUCTION, IMPROVEMENT, AND
42 (Minn.) Where insurer assumes to de-
fend under indemnity policy, judgment is gar-
nishable debt owing by insurer to insured.—|—105(2) (Minn.) State may pay for construc-
Reilly v. Linden, 121.
14(1) (Mich.) Consumers held not author-
ized to invoke jurisdiction of Commission.
Taylor v. Michigan Public Utilities Commis-
sion, 485.
Commission not without jurisdiction because
application not made by municipality.-Id.
Commission not compelled to act on petition
to fix rates pending negotiations between city
and company.-Id.
tion of trunk highways through villages and
cities.-State v. Babcock, 688.
118 (Minn.) Legislature may require coun-
ty to improve at its own expense roads within
its limits.-State v. Babcock, 688.
village for expenditures in road building and
County may be required to reimburse city or
may itself be reimbursed by state.-Id.
V. REGULATION AND USE FOR TRAVEL.
(B) Use of Highway and Law of the
184(1) (Iowa) Driver suing for injuries in
automobile collision must allege and prove free-
dom from contributory negligence.-McDermott
v. Johnson, 630.
17 (Iowa) Delivery with intent to pass ti-
tle necessary-In re Stockham's Estate, 650.184(3) (Iowa) In suit for injuries in an au-
21 (Iowa) Delivery to third person for tomobile collision contributory negligence held
use and benefit sufficient.-In re Stockham's for jury.-McDermott v. Johnson, 630.
Estate, 650.
In a suit for injuries in an automobile colli-
31 (3) (Iowa) Delivery and acceptance of sion, defendant driver's negligence held for ju-
bonds held sufficient. In re Stockham's Estate,184(4) (Neb.) Instruction as to violation of
ry.-Id.
36 (Iowa) Immaterial that suicide
law as to automobile lights or speed as consti-
contemplated. In re Stockham's Estate, 650. tuting negligence held erroneous.-Taylor v.
Koukal, 339.
7 (Neb.) District courts may call grand
jury whenever public business requires.-Pinn
v. State, 544.
8 (Neb.) Statutory procedure for calling
grand jury inapplicable after commencement
of term.-Pinn v. State, 544.
II. CONSTRUCTION AND OPERATION.
II. TRANSFER OR INCUMBRANCE.
110 (Iowa) No conveyance or release of
homestead unless mode pointed out by stat-
ute pursued.-Pagel v. Tietje, 938.
118(5) (Minn.) Contract to convey void
where not signed by wife; deed valid, although
no joinder in contract by wife.-Lussnig v. In-
vestors' Security Ass'n, 574.
122 (Iowa) Evidence insufficient to estop
wife from claiming homestead in land sold un-
der contract by husband.-Pagel v. Tietje, 938.
27 (Neb.) Contract strictly construed.-W.128 (Iowa) Purchaser may elect to take
T. Rawleigh Co. v. Bunning, 331.
II. APPOINTMENT, QUALIFICATION, AND
TENURE OF GUARDIAN.
other property when claim of homestead is
made. Blankenhorn v. Edgar, 893.
131 (Howa) Purchaser of land including
homestead cannot avoid obligation, in absence
of plea of homestead.-Blankenhorn v. Edgar,
893.
92 (Wis.) Existence of ward is jurisdic-133 (Minn.) Evidence held to show joinder
tional fact essential to validity of county of husband and wife.-Lussnig v. Investors'
court's order in guardianship proceedings.-In Security Ass'n, 574.
re Reeve's Guardianship, 736.
18 (Wis.) Court, on discovery of fraud in
passing off baby as decedent's issue, properly
canceled guardian's release of ward's claim to
land and refunded amount received.-In re
Reeve's Guardianship, 736.
HOMICIDE.
III. MANSLAUGHTER.
39 (Minn.) Heat of passion may be caused
by fright.-State v. Miller, 803.
|