Special covenant in a deed held not to limit the effect of prior general covenants.-Duroe v. Stephens (Iowa) 610.

Right of grantee of mortgaged premises as defendant in a suit to foreclose, to recover against his grantor for breach of covenant against incumbrances, without paying incumbrance.-Duroe v. Stephens (Iowa) 610. COVERTURE.

Under St. 1888-89, county treasurers of counties of 25,000 inhabitants must collect and remit to state treasurer moneys arising from sale of See "Husband and Wife." school lands in such county.-Bedwell v. Custer County (Neb.) 945.

The establishment of a precinct by the county commissioners held without jurisdiction, as being Of witness, see "Witnesses." contrary to the statute.-Morton v. Carlin (Neb.) *966.

Where the establishment of a precinct was invalid, held, that a county-bond election held See "Insurance." therein was void.-Morton v. Carlin (Neb.) 966.

A village which has paid its health officer a reasonable compensation for caring for indigent persons during an epidemic may recover the amount so paid from the county.-Village of St. Johns v. Board of Sup'rs of Clinton County (Mich.) 131.

A claim of damages arising from filling in a street held not required to be presented to the county board before action thereon.-County of Douglas v. Taylor (Neb.) 27.

and the jury was discharged, held not to constitute former jeopardy.-Davis v. State (Neb.) 984.

Evidence,

Confession of an accused that he committed the crime held insufficient to sustain conviction. -Davis v. State (Neb.) 984.

Confession of prisoner held competent to be considered with other circumstances in determining his guilt.-Davis v. State (Neb.) 984.

It is error to charge that the burden of proof is on accused to establish an alibi by preponderance of evidence.-Beck v. State (Neb.) 498.

It is not essential that the proof of an alibi should include the entire period during which the offense might have been committed.-Henry v. State (Neb.) 924.

Evidence held to sustain a finding that a railway wreck and the death of a passenger were caused by the malicious displacement of the fixtures of the track by defendant.-Davis v. State (Neb.) 984. Trial.

Where an indictment was filed at September term, 1894, and defendant was put on trial at the next term, in February, 1895, and the jury failed to agree, the prisoner was not entitled to a discharge because not brought to trial before the end of the second or third term in which his case was pending.-Davis v. State (Neb.) 984.

It is not error for the court, on its own motion, to refuse to permit a witness to answer a question calling for immaterial evidence.-Davis v. State (Neb.) 984.

The order of introduction of evidence held discretionary with the court.-Davis v. State (Neb.) 984.

Presence of a witness during the trial, in violation of an order excluding witnesses, is not ground for rejecting his testimony, unless the party calling him connives at his disobedience.State v. King (S. D.) 1046.

A person convicted of felony cannot insist, as a matter of right, on being present on the argument or ruling on motion for new trial.-Davis v. State (Neb.) 984.

State will not be compelled to call persons indicted for the same offense as witnesses.-People v. Baker (Mich.) 431.

Instruction held erroneous as discrediting a particular defense.-Henry v. State (Neb.) 924. An instruction as to reasonable doubt held proper.-Davis v. State (Neb.) 984.

An instruction defining a crime held not erroneous because the language employed was different from the language of the statute.-Davis v. State (Neb.) 984.

Where an instruction is incorrect, the error is not cured by one correctly stating the law.-Beck v. State (Neb.) 498.

A written instruction to the jury to disregard certain evidence held not necessary.-State v. Bigelow (Iowa) 600.

Where the instructions as a whole are correct, an objection to a particular paragraph will not be considered unless it contains some affirmative error.-State v. Urie (Iowa) 603.

Instruction embodied in those already given held properly refused.-State v. Smith (Iowa) 604.

New trial.

Refusal of a motion for new trial for newlydiscovered evidence held not error.-Davis v. State (Neb.) 984.

Motion for new trial held made too late.-Frazer v. Chapin (Mich.) 1042. Appeal and error.

Case will not be reversed because of limitation of cross-examination of witness as to bias unless defendant was prejudiced thereby.-Davis v. State (Neb.) 984.

Improper remarks of the county attorney will not be reviewed on affidavits not made part of the record.-State v. Bigelow (Iowa) 600.

Exceptions to argument of prosecuting attorney will not be reviewed where the argument is not shown in the record. - People v. Baker (Mich.) 431.

Admission of incompetent evidence held harmless where the party objecting introduced proof of the same matter.-Davis v. State (Neb.) 984.

all, in the manner provided by statute.-State Bill of exceptions must be corrected, if at v. Dorman (S. D.) 848.

CROPS.

Motion to compel prosecution to call witness Mortgage on, see "Chattel Mortgages." who did not see the homicide held properly denied.-People v. Savant (Mich.) 576.

Indorsement of name of witness on information

after trial commenced held proper.-People v. Ba- See "Equity." ker (Mich.) 431.

Objection to witness because his name is not indorsed on indictment is waived by permitting him to be examined without objection.-State v. Hurd (Iowa) 613.

Witnesses whose names are not indorsed on the information may testify, in the absence of a showing that they were known to the state's attorney before the trial.-State v. King (S. D.) 1046.

Instructions.

Instruction as to direct and circumstantial evidence held proper.-Davis v. State (Neb.) 984.

The court is not obliged to repeat in every instruction the degree of proof required, when it has charged that the state must make out its case beyond a reasonable doubt.-Davis v. State (Neb.) 984.

An instruction on the weight of evidence and credibility of witness held not prejudicially erroneous.-Davis v. State (Neb.) 984.

An erroneous instruction is not necessarily cured by the mere giving of another on the same subject contradicting it.-Henry v. State (Neb.) 924

CROSS BILL.

CROSS-EXAMINATION.

See "Witnesses."

CROSSINGS.

Accidents at, see "Railroads."

CUSTOMS AND USAGES.

A party to a contract is not bound by a custom of which he has no knowledge.-Milligan v. Sligh Furniture Co. (Mich.) 133.

A verdict held not to be the result of passion |
or prejudice.-Omaha Fire Ins. Co. v. Thomp-
son (Neb.) 30.

Measure for breach of contract.

Measure of damages in action to recover for
breach of contract to furnish a stipulated num-
ber of gallons of water within a limited space
of time to a city determined.-Godfrey v. City
of Beatrice (Neb.) 914.

Measure of damages for breach of contract to
grade lots is cost of grading.-Grady v. Sullivan
(Mich.) 1040.

Measure of damages for breach of contract of
sale of a machine held to have been sufficiently
stated, in the absence of a request for further
instructions.-Hanson v. Gaar, Scott & Co.
(Minn.) 853.

Face value of notes and mortgages is presum-
ed to be real value, under Comp. Laws, § 4615.
-Grigsby v. Day (S. D.) 881.

Measure of damages stated in given case for
landlord's failure to furnish live stock to ten-
ant.-Chesmore v. Barker (Iowa) 701.
Measure for torts.

Measure of damages for overflowing plain-
tiff's land determined.-Fremont, E. & M. V.
R. Co. v. Harlin (Neb.) 263.

Plaintiff in an action for personal injuries
may recover the reasonable value of medical
treatment, not to exceed the actual expense.
Golder v. Lund (Neb.) 379.

Measure of damages in an action to recover
for an alleged conspiracy to defraud by fraud-
ulent purchase of goods determined.-John V.
Farwell Co. v. Wolf (Wis.) 289.

In an action ex delicto, where expenses incur-
red by reason of the tort are recoverable, plain-
tiff need not have actually paid the money.-
Minneapolis Threshing-Mach. Co. v. Regier
(Neb.) 934.

An instruction in personal injury suit to give
plaintiff such damages as will make him whole
in dollars held error.-Guinard v. Knapp, Stout
& Co. Company (Wis.) 671.

DECREE.

See "Equity"; "Judgment."

DEDICATION.

Of railroad right of way, see "Railroads."

Where E. duly records a plat with a park
designated therein, the use of the term "E.'s
Park" does not imply a reservation of the land
for his private use.-Ehmen v. Village of Goth-
enburg (Neb.) 237.

Under Comp. St. c. 14, art. 1, § 106, a plat
duly acknowledged and recorded with a block
designated as a park held to operate as a dedi-
cation of that block for such purpose.-Ehmen
v. Village of Gothenburg (Neb.) 237.

DEEDS.

See, also, "Fraudulent Conveyances"; "Vendor
and Purchaser."

As mortgages, see "Mortgages."
Between husband and wife, see "Husband and
Cancellation of, see "Cancellation of Instru-
Wife."
ments."

Creation of life estates, see "Life Estates."
Estoppel by, see "Estoppel."
Of homestead, see "Homestead."
Reformation in equity, see "Reformation of In-
struments."

ing v. Birney (Mich.) 1006.
Nature of estate conveyed determined.-Down-

Deed construed, and held to give children in
let in those afterwards born.-Lariverre v.
esse a vested remainder, subject to open and
Rains (Mich.) 583.

Breach of condition subsequent to the deed
legal title.-Gilchrist v. Foxen (Wis.) 585.
under entry of the grantor held to revest the

Deed construed, and held, that persons taking
thereunder took subject to provisions therein.
-Gilchrist v. Foxen (Wis.) 585.

DE FACTO OFFICERS.

See "Officers."

DEFAULT.

In an action for breach of contract made in
settlement for injuries to an employé, held that
the condition of plaintiff's health was admissible
on the question of damages.-Brighton v. Lake Judgment by, see "Judgment."
Shore & M. S. Ry. Co. (Mich.) 432.

Evidence as to what deceased servant could
have earned at his prior employment held admis-

DEFECTIVE APPLIANCES.

sible.-Grimmelman V. Union Pac. Ry. Co. See "Master and Servant."
(Iowa) 90.

In an action for breach of contract, evidence
that when plaintiff was compelled to stop he
could get no other work was admissible.-Mounce
v. Kurtz (Iowa) 119.

To recover for medical treatment of his in-
juries, plaintiff need not show by the record
that the physician was licensed to practice.—
'Golder v. Lund (Neb.) 379.

DANGEROUS PREMISES.

See "Landlord and Tenant."

DECEDENTS.

DEFECTIVE SIDEWALKS.

See "Municipal Corporations."

DELIVERY.

Of note, see "Bills and Notes."

DEMAND.

Before action, see "Replevin."

DEMURRER.

DEPOSIT.

DECLARATIONS.

As evidence, see "Criminal Law"; "Evidence." See "Banks and Banking."

70 N.W.-73

DEPOSITARIES.

An approval of a state depositary's bond by
any two of the three officers appointed to approve
the same held sufficient.-In re State Treasurer's
Settlement (Neb.) 532.

The deposit of an amount in excess of one-
half the amount of the penalty of a state depos-
itary's bond, held not to release principal or
sureties. In re State Treasurer's Settlement
(Neb.) 532.

DEPOSITIONS.

Objections to a deposition held to have been
waived.-Pioneer Savings & Loan Co. v. St.
Paul Fire & Marine Ins. Co. (Minn.) 979.

DESCENT AND DISTRIBUTION.

Notes of a son paid by iestator as surety there-
on, held advancements.-In re Pickenbrock's Es-
tate (Iowa) 1094; In re Jordan, Id.

DISORDERLY CONDUCT.

Complaint charging defendant with insulting
conduct by peeking into the window of a house
held sufficient.-City of Grand Rapids v. Wil-
liams (Mich.) 547.

DISORDERLY HOUSE.

A house in which people abide and disturb
the order and tranquility of the neighborhood is
a disorderly house.-Hawkins v. Lutton (Wis.)
483.

DISSOLUTION.

Of attachment, see "Attachment."
Of corporation, see "Corporations."
Of municipal corporation, see "Municipal Cor-
porations."

DISTRIBUTION.

Decree that money paid to legatee was an ad- See "Descent and Distribution.”
vancement held not supported by the evidence.-
Carmichael v. Lathrop (Mich.) 575.

DISTRICT.

Finding as to value of advancement to legatee See "Schools and School Districts."
held not supported by pleadings and evidence.-
Carmichael v. Lathrop (Mich.) 575.

Heirs of a guardian who misappropriated
funds held liable to account to the ward to the
extent of the property received by them.-Al-
len v. Conklin (Mich) 339.

See "Courts."

DISTRICT COURT.

DITCHES.

See "Drains."

DIVORCE.

Decree of divorce held properly set aside on
account of fraud practiced by the successful
party.-Hard v. Hard (Neb.) 1122.

In divorce for desertion, where defendant asks
for divorce for cruelty, evidence of cruelty prior
to a former action by defendant for divorce,
where judgment was rendered against her, was
inadmissible without proof that condonation
was in issue in the former action which had
been determined against her.-Peterson v. Pe-
terson (Minn.) 865.

Rule for allowance of alimony under Gen.
St. 1894, § 4807, determined.-Wilson v. Wil-
son (Minn.) 154.

See "Trial."

DOCKET.

DOCUMENTS.

As evidence, see "Evidence."

DOUBLE LIABILITY.

Proceedings under Pub. Acts 1895, No. 181, Of stockholders, see "Banks and Banking."
held governable by the rules applying to discov-

ery. Mulhern v. Grove (Mich.) 15.

Pub. Acts 1895, No. 181, relating to discovery,
is not unconstitutional, as discriminating be-
tween suitors.-Mulhern v. Grove (Mich.) 15.

DISCRETION OF COURT.

See "Appeal and Error."

DISMISSAL.

Of appeal, see "Appeal and Error."

DISMISSAL AND NONSUIT.

For insufficiency of evidence, see "Trial."

DOWER.

A stipulation on decree in divorce held to bar

a wife from dower in lands of defendant.-Me-

Kelvey v. McKelvey (Mich.) 582.

DRAFT.

Effect as assignment, see "Assignments."

DRAINS.

in proceedings to establish a drain, the county
board must find whether the lines in the peti
tion are the best for the proposed ditch.-State
v. Board of Com'rs of Colfax County (Neb.) 500.

Construction on a public street of an electric railroad for transportation of merchandise and Wife's separate estate, see "Husband and Wife." express matter, as well as passengers, held to impose an additional burden, entitling abutting owner to compensation.-Chicago & N. W. Ry. Co. v. Milwaukee, R. & K. Electric Ry. Co. (Wis.) 678.