Assessment of bank stock by county officers, | struction of an additional building for the care see "Taxation," § 3. County courts, see "Courts," § 4. of insane patients.-Superintendents of Poor of Wayne County v. Board of Auditors of Wayne County (Mich.) 1080. § 4. Actions. Certiorari to review the action of a court in setting aside the grand and petit jury lists will not lie in favor of the county wherein the_lists were selected.-Polk County v. District Court of Polk County (Iowa) 1054. Liability of county for costs on change of venue of criminal prosecution, see "Costs," § 7. Where a question in a suit between the suMandamus to require county commissioners to perintendents of the poor of the county and the restore commissioner to office, see "Manda-board of auditors thereof is one of public inmus," § 1. Omission of county officers affecting tax titles, § 1. 1. Government and officers. No valid certificate by the board of county commissioners, to the effect that a proper petition has been filed, can be issued by the board until after a hearing duly had pursuant to the notice required by Rev. Laws 1905, p. 71, § 396.-Kaufer v. Ford (Minn.) 364. terest, no costs will be awarded by the Supreme Court on affirming the judgment of the circuit court.-Superintendents of Poor of Wayne County v. Board of Auditors of Wayne County (Mich.) 1080. COUNTS. In indictment or information, see "Indictment and Information," § 3. COUNTY BOARD. *Under Gen. Election Law, Laws 1879, p. 243, providing that a county treasurer is disquali- See "Counties," § 1. fied to be elected to office for more than two consecutive terms, an appointment to complete the term of another is not an election to office.-Dodson v. Bowlby (Neb.) 698. Under Rev. Pol. Code, §§ 810, 1802, as amended by Laws 1905, a county commissioner held not disqualified by removal to a different commissioner district from that in which he was elected within the same county.-Gray v. Board of County Com'rs of Beadle County (S. D.) 36. § 2. Property, contracts, and liabilities. Where a board of supervisors had no authority to purchase road machines or issue certain void warrants therefor, the creditor could not recover against the county either on the warrants or on a quantum meruit.-Harrison County v. Ogden (Iowa) 32. Admission of a county auditor that he knew of the use of road machines by the county would not estop the latter from insisting that the purchase thereof was without authority.— Harrison County v. Ogden (Iowa) 32. Comp. Laws, § 2494, held not to authorize a board of supervisors to contract for the removal of obstacles in a navigable stream not arising from the erection of booms or the collection of logs or rafts in such stream by any individual.-Gainer v. Nelson (Mich.) 511. § 3. Fiscal management, public debt, securities, and taxation. *County warrants issued for future installments of the price of certain road machines purchased by the supervisors held illegal.-Harrison County v. Ogden (Iowa) 32. That a board of supervisors directed the county auditor to issue warrauts for interest on certain other void warrants held not such a ratification of the latter as rendered them effective against the county.-Harrison County v. Ogden (Iowa) 32, COUNTY SEATS. See "Counties," § 1. COURTHOUSES. Injunction to restrain construction, see "Injunction," § 2. COURTS. Clerks, see "Clerks of Courts." Judicial power, see "Constitutional Law," § 3. Justices' courts, see "Justices of the Peace." Province of court and jury, see "Trial," § 6. Review of decisions, see "Appeal and Error." § 1. Nature, extent, and excercise of ju- *A probate court held to have jurisdiction to determine whether a woman claiming an interest as the widow of testator had in fact been married to him.-Bechtel v. Barton (Mich.) 935. Certiorari to review the action of a court in setting aside the grand and petit jury lists as having been illegally selected will not lie in favor of taxpayers of the county.-Polk County y. District Court of Polk County (Iowa) 2. Establishment, organization, and 1054. *An insane hospital building held a building of a county, within Const. art. 10, § 9, and a sum in excess of $1,000 cannot be raised by tax, without a vote of the electors, for the con procedure in general. *The judge of a district court may call a special term for the transaction of general business, if deemed necessary, under Cobbey's Ann. St. 1903, § 4735.-Russell v. State (Neb.) 380. *Point annotated. See syllabus. The judge of the district court has power to § 3. Courts of general original jurisdic- Under Pub. Acts 1903, p. 260, No. 183, 81, Under Comp. Laws 1897, § 435, the court has § 4. Courts of limited or inferior juris- Proceedings in error from a county court *Where two courts have concurrent jurisdic- The circuit court of one county held without COVENANTS. In insurance policies, see "Insurance," § 7. Costs in criminal prosecutions, see "Costs," Habeas corpus for release of accused, see Indictment, information, or complaint, see Retrospective laws relating to indeterminate Subjects and titles of statutes relating to pun- Offenses by particular classes of persons. Particular Offenses. See "Burglary"; "Conspiracy," § 1; "Con- Offenses against election laws, see "Elec- Practice of medicine without certificate, see 1. Venue. *Under Rev. Code Cr. Proc. § 72, prosecution § 1. Construction and operation. § 2. Performance or breach. A conveyance construed, and held that the COVERTURE. See "Husband and Wife." CREDIBILITY. Of witness, see "Witnesses," § 3. CREDITORS. See "Bankruptcy"; "Fraudulent Conveyances." CREDITORS' SUIT. Collateral attack on judgment in, see "Judg- Remedies in cases of fraudulent conveyances, CRIMINAL LAW. Constitutional power of Legislature to provide *The acquittal of one jointly charged with a *One found guilty of manslaughter on a trial 3. Preliminary complaint, affidavit, *A county court or county judge may enter- § 4. Arraignment and pleas, and nolle Where a so-called plea in abatement does not *Where a plea in abatement in a criminal 5. Evidence. Mere evidence that defendant had a revolver when arrested two months after commission of the offense held inadmissible to connect him with it.-State v. Kehr (Iowa) 149. In prosecution for seduction, testimony of prosecutrix that at a certain time she determined thereafter to lead a virtuous life was not objectionable as a conclusion.-State v. Bennett (Iowa) 150. Evidence held to sufficiently establish loss of letter to authorize oral proof of its contents.State v. Bennett (Iowa) 150. Though statements in medical books are not admissible as independent evidence, held, on a trial for rape, that witnesses could be interrogated in relation thereto on cross-examination. -State v. Blackburn (Iowa) 275. *The admission in evidence of certain testimony given by defendant on a former trial held proper.-State v. Kendig (Iowa) 463. *On a trial of a physician of murder by abortion committed on decedent pursuant to a conspiracy between accused and a physician, a letter written by a third person to decedent held admissible as against a particular objection.-State v. Crofford (Iowa) 921. *The declarations of a female on whom an abortion has been committed in pursuance of a conspiracy between herself and a physician held admissible on a trial of a physician for murder by abortion.-State v. Crofford (Iowa) 921. removal of the cause.-Steiner v. State (Neb.) 723. 86. Trial. *Charging on the weight of evidence in a criminal case held error.-State v. Kehr (Iowa) 149. *Code, § 5373, held not to require that letters to be introduced in evidence should be referred to in the minutes attached to the indictment. or that notice that they would be introduced be served on defendant.-State v. Bennett (Iowa) 150. In prosecution for uttering a forged check. inquiry by county attorney whether daughter of witness, who was to have married defendant. had a child, held improper.-State v. Waterbury (Iowa) 328. Where identity of accused was in issue, remark of county attorney directing attention to eyes and face of defendant held proper.-State v. Waterbury (Iowa) 328. An instruction not to allow the magnitude of the punishment prescribed by law affect the judgment of the jurors held not an agreement against defendant, and not to show biasState v. Baldes (Iowa) 440. In a prosecution for having burglar's tools in possession, defendant held not prejudiced by an instruction which erroneously assumed that the tools in question were burglar's tools.-State v. Hanley (Iowa) 914. Certain words in an instruction in a criminal held not objectionable.-State v. Crofford (Iowa) 921. On a trial for murder by abortion, the declara-case tions of a third person held admissible under the evidence establishing a prima facie case of conspiracy between accused and a third person.State v. Crofford (Iowa) 921. On a trial for murder by abortion, a letter written by decedent held admissible to establish a conspiracy between her and accused and another to procure an abortion on her.-State Crofford (Iowa) 921. V. *On a trial for homicide, the testimony of a witness held proper in view of other evidence identifying accused as the one witness testified to having seen at a particular place.-State v. Walker (Iowa) 925. An instruction on a trial for murder by abor tion held not objectionable as not supported by the evidence.-State v. Crofford (Iowa) 921. On a trial for murder by abortion, an instruc tion relating to evidence of a conspiracy held sufficiently favorable to accused.-State v. Crof ford (Iowa) 921. Where parts of letters were admissible in a criminal case, the court properly admitted them in the absence of specific objections to separate were inadmissible.-State v. portions which Crofford (Iowa) 921. *An instruction in a criminal case held not obIn a prosecution for rape held no error to re-jectionable as making an improper distinction fuse to permit the jury during the trial to privately examine the private parts of accused. State v. Stevens (Iowa) 1037. In prosecution for homicide, evidence as to what occurred at accused's home in his presence about two hours after the homicide held admissible. People v. Tubbs (Mich.) 132. In a prosecution for embezzlement, the admissions and contradictory statements of prosecutor cannot be introduced as affirmative or original evidence.-People v. Peck (Mich.) 495. between direct and circumstantial evidence.State v. Walker (Iowa) 925. *An instruction as to the weight to be given to the testimony of accused in a criminal case held proper.-State v. Walker (Iowa) 925. Certain acts of the county attorney in the examination of a hostile witness held not erroneous.-State v. Walker (Iowa) 925. *Where, in a prosecution for homicide, the jury were not misled by the charge considered as a whole, it was not erroneous.-People v. Tubbs (Mich.) 132. A requested charge as to trespass held properly refused in prosecution for homicide, in absence of evidence of such trespass.-People In a prosecution for larceny from the person, it was error for the court to permit a witness to detail a conversation had between witness and a police officer concerning defendant and his companions, not in defendant's presence.-v. Tubbs (Mich.) 132. People v. Cahill (Mich.) 520. *In criminal prosecution, argument of prosecuting attorney held not reversible error.People v. Tubbs (Mich.) 132. Where physicians were introduced as experts, the attack of counsel on their testimony should have been directed to its weight, credibility, and *Statements by a prosecuting attorney with probative effect, rather than its competency.-reference to a witness who had testified in supMcConnell v. State (Neb.) 666. port of an alibi held prejudicial error.-People v. Cahill (Mich.) 520. Municipal courts will take judicial notice of the ordinances of the city, and, on an appeal therefrom from a conviction of a violation of an ordinance, the district court will upon a trial de novo take notice of whatever facts the municipal court was required to notice judicially before the *Under Comp. Laws, § 10,211, it was prej. udicial error for the prosecuting attorney to refer to the fact that accused had not seen fit to testify in his own behalf.-People v. Cahill (Mich.) 520. *Point annotated. See syllabus. *Where spectators at a trial for rape are *The state is not required to call all the per- *Failure of either party to call witnesses If defendant is a witness in his own behalf, *An instruction in a prosecution for assault to 666. On trial for larceny of certain cattle, an in- An instruction as to reasonable doubt is not *Requested instructions covered by instruc- ment and resubmit the matter to the grand *The allowance of leading questions on the No prejudice could result from tendering the Determination of trial court that defendant The statement of the attorney of one convict- *In view of Code, § 5462, the Supreme Court, *An accused withdrawing exceptions saved A waiver by defendant convicted of crime *The error, if any. in admitting evidence in Under the statute, a statement of the county § 7. Motions for new trial and in ar- not erroneous.-State v. Walker (Iowa) 925. rest. A motion for a new trial in a criminal case on *Accused held not entitled to a new trial be- *A new trial should not be granted for newly 8. Judgment, sentence, and final Sentence for 15 years for rape, under Comp. pay for a transcript so as to be entitled to it, Appeal held to lie from an order denying *Where there was evidence. though it was The county attorney on the second trial, after In criminal prosecution, the propounding of *Discretion of trial court as to argument of *Error, if any, in the admission of stenogra- his appeal, he must submit to a new trial on make preliminary proof of the accuracy of the *The discretion of the trial court as to the *Point annotated. See syllabus. CUSTOMS AND USAGES. Effect of customs on validity of marriage, see "Marriage." On appeal to the Supreme Court from a judgment of the district court in a prosecution begun in municipal court, the case is not triable de novo, and the court will not take notice of municipal ordinances nor search the records for evidence of their passage, but the party re- *Under Code Supp. 1902, § 3060-a71, the uslying upon them must make them a part of age of banks in presenting checks for payment the bill of exceptions, or in some manner pre-held relevant to the question whether the check sent them as a part of the record.-Steiner v. was presented within a reasonable time, reState (Neb.) 723. gardless of the indorser's knowledge of the usage.-Plover Sav. Bank v. Moodie (Iowa) 29. *In the absence of the evidence held that it will be presumed that instructions were refused because not justified by the evidence.-State v. Allen (S. D.) 92. and prevention of § 10. Punishment crime. *Under Code, §§ 5468, 5703, held, that one imprisoned pending his appeal, and thereafter convicted on the new trial ordered, was entitled to have deducted from the maximum period of imprisonment which could be imposed on the second conviction, not only the time served pending the appeal, but the deduction then earned by good behavior.-State v. Barr (Iowa) 280. Under Const. art. 4, § 47, authorizing provision for indeterminate sentences, Pub. Laws 1903, p. 168, No. 136, held constitutional.Manaca v. Ionia Circuit Judge (Mich.) 75. *Indeterminate sentence law (Pub. Acts 1905, p. 268, Act No. 184) held not objectionable as authorizing the imposition of cruel or unusual punishment.-People v. Cook (Mich.) 514. *Laws 1889, p. 66, c. 20, relating to the mode of inflicting the punishment of death, and providing that no account of the details of the execution beyond the statement of the fact shall be published in any newspaper, is not in violation of Const. art. 1, § 1, guarantying to the accused the right to a public trial.-State v. Pioneer Press Co. (Minn.) 867. The customs of banks with reference to the general custom, of which knowledge on the presentation of checks for payment held a part of persons dealing with such institutions will be presumed.-Plover Sav. Bank v. Moodie (Iowa) 29. DAMAGES. As alternative relief to cancellation of contract, see "Cancellation of Instruments," § 1. Compensation for property taken for public See "Death"; "Fraud,” § 2. Breach by buyer of contract for sale of goods, see "Sales," § 7. Breach by seller of contract for sale of goods, see "Sales," § 8. Breach of warranty, see "Sales," § 8. Injuries from wrongful use of street, see “Municipal Corporations." § 10. Injuries to wife from defective street, see "Husband and Wife." § 2. Loss of or injuries to live stock in transporta Pollution of stream, see "Waters and Water tion, see "Carriers," § 2. Courses," 1. Recovery in particular actions or proceedings. See "Ejectment," § 3; "Malicious Prosecution," § 2. On injunction bond, see "Injunction," § 4. § 1. Grounds and subjects of compensatory damages. *To entitle one to recover, in an action for breach of contract, it must be shown that the damages suffered were the natural and proximate consequence of the wrongful act complained of.-Bahr v. Manke (Neb.) 300. Under the facts, the damages to which a party to a contract was entitled to recover for a breach determined.-Gardner v. Welch (S. D.) 110. § 2. Measure of damages. *Party held entitled to recover for breach of contract the contract price, less the cost to him of completing the work.-Spafford v. MeNally (Wis.) 387. § 3. Inadequate and excessive damages. *In action for injuries to a section hand, a verdict of $12,500 held excessive.-Mastellar v. Great Northern Ry. Co. (Minn.) 869. *In an action for personal injuries, a verdict of $3,500 was not excessive.-Koepsel v. Minneapolis, St. P. & S. S. M. Ry. Co. (Minn.) 974. awarded for destruction of growing trees was *Evidence examined, and held that damages not excessive.-Alberts v. Husenetter (Neb.) 657. *A verdict in a personal injury action held not excessive. Ferguson v. Truax (Wis.) 395. *A verdict in a personal injury action held not excessive.-Parker v. Fairbanks-Morse Mfg. Co. (Wis.) 409. Point annotated. See syllabus. |