Evidence held to sustain a conviction of sell-
ing liquor without a license.-State v. Story
(Minn.) 26.

Where liquors were paid for and were to be
shipped with freight prepaid, and were guaran-
tied to be according to sample, the title passed
to the purchaser when they were consigned to
him and delivered to a common carrier.-Har-
ding v. State (Neb.) 194.

INTERROGATORIES.

To jury, see "Trial," § 10.

INTERSTATE COMMERCE.

Regulation, see "Commerce."

INTERVENTION.

In attachment proceedings, see "Attachment,"
§ 4.

INTER VIVOS.

See "Gifts," § 1.

INTESTACY.

See "Descent and Distribution."

INTOXICATING LIQUORS.

Amendment of statutes relating to liquor li-
censes, see "Statutes," § 4.
Taxation by state on the importation and sale
of liquors, as constituting an interference
with commerce, see "Commerce," § 1.

§ 1. Local option.

Under Code, §§ 2449, 2450, a new canvass of
a general statement of consent to sell intoxi-
cating liquors held necessary, where a town is
incorporated after a canvass thereof, before one
can engage in the liquor business therein.-
Schuneman v. Sherman (Iowa) 1064.

2. Licenses and taxes.

A bond executed under the mulct law, when
in fact the bond was not required, for the
principal was not engaged in the liquor busi-
ness under that law, is not rendered valid by
a subsequent law making the mulct law ap-
plicable to the principal in the bond.-Gorman
v. Williams (Iowa) 819.

The action of a village board of trustees in
approving a retail liquor bond will not be re-
viewed, where the board had jurisdiction.—
Briggs v. McKinlay (Mich.) 156.

The selling of liquor without a license, forbid
den by Comp. St. c. 50, § 11, is the transfer
and disposal of the liquor itself.-Harding v.
State (Neb.) 194.

In a prosecution under Laws 1901, c. 141,
§ 11, for furnishing liquor to one who was in
the habit of getting intoxicated, after written
notice, evidence held to justify a conviction.—
State v. Pritchard (S. D.) 583.

In a prosecution for furnishing liquor to one
who was in the habit of getting intoxicated,
where the information charged that the liquor
was "spirituous," and the proof was that it
was whisky, a reference to it in the charge as
"intoxicating" liquor is not cause for com-
plaint.-State v. Pritchard (S. D.) 583.

§ 4. Civil damage laws.

In an action for loss of support by the illegal
sale of liquor alleged to have caused the death
of plaintiff's son, where dcfendant claimed that
the death was caused by the negligent proxim-
ity of a telephone pole to the highway. proxi-
mate cause of the death held a question for
the jury. Jaroszewski v. Allen (Iowa) 941.

In an action for injury to plaintiff's means of
support by the alleged unlawful sale of liquor,
the burden was on defendant to show that the
sales were lawful.-Jaroszewski v. Allen (Iowa)
941.

Under Sess. Laws 1897, c. 72, a woman may
recover on a liquor dealer's bond for her hus-
band's death.-Stafford v. Levinger (S. D.) 462.

ISSUES.

In civil actions, see "Pleading," § 7.
Presented for review on appeal, see "Appeal
and Error," § 4.

JOINDER.

Of causes in bill in equity, see "Equity," § 2.
Of offenses in indictment, see "Indictment and
Information," § 2.

JOINT TENANCY.

See "Tenancy in Common."

JUDGES.

See "Courts"; "Justices of the Peace."
Remarks at trial, see "Criminal Law," §§ 8-10;
"Trial," § 2.

A county judge cannot recover for additional
duties performed for which the legislature has
provided no additional compensation.-Nuckolls
County v. Peebler (Neb.) 289.

JUDGMENT.

Decisions of courts in general, see "Courts,"
§ 2.
Enforcement by creditors' suit, see "Creditors'
Suit."

Proof of, see "Evidence," § 8.
Review, see "Appeal and Error."
Sales under judgment, see "Judicial Sales."

In actions by or against particular classes of
parties.

Partners, see "Partnership." § 5.

In particular civil actions or proceedings.
See "Attachment," § 2; "Creditors' Suit"; "Di-
vorce, § 3; "Forcible Entry and Detainer,"
§ 1; "Replevin," § 3.

Foreclosure, see "Mortgages," § 6.

On appeal or writ of error, see "Appeal and
Error." 20.

On insurance policies, see "Insurance," § 13.
Partnership accounting, see "Partnership," § 5.
Personal judgment for deficiency on foreclo-
sure, see "Mortgages," § 6.

1. Nature and essentials in general.
A judgment rendered by a district judge at
chambers in a mechanic's lien foreclosure is
void.-Conover v. Wright (Neb.) 545.

A judgment rendered in a county other than
that in which the cause was tried, unless there
has been a change of venue, is invalid.-Con-
over v. Wright (Neb.) 545.

§ 2. By default.

Action by landlord for rent and to enforce
his lien held still before the court, after de-
fault judgment, so as to justify granting a
motion to set aside. - First Nat. Bank v.
Flynn (Iowa) 784.

Code, § 3790, does not apply to the setting
aside of a default in a case in which it should
not have been rendered.-First Nat. Bank v.
Flynn (Iowa) 784.

$ 3. Entry, record, and docketing.
Where, in a suit to foreclose a mechanic's
lien, before making findings the court adjourn
ed, and the judge returned to his home in an-
other county, and on the date of adjournment
the clerk received memoranda of the findings
and decree, which he entered of record at the
next succeeding term, held error to overrule an
application to correct the record to show that
no decree was in fact entered.-Conover v.
Wright (Neb.) 545.

§ 4. Opening or vacating.

A district court has no jurisdiction to vacate
its judgment after term, except by petition in
equity, or in proceedings under Code Civ. Proc.
§ 602.-Sherman County v. Nichols (Neb.) 198.
85. Equitable relief.

be lost might be supplied.-City of Lincoln v.
Bell (Neb.) 287.

§ 6. Collateral attack.

In mandamus to compel the auditor general
to refund money paid for land sold for taxes
on the ground that the purchaser had been re-
fused a writ of assistance respondent held en-
titled to raise the question of error in denying
the writ.-Newton v. Auditor General (Mich.)
1030.

Mere irregularities in a judgment, which are
not jurisdictional, do not render it subject to
collateral attack.-Toogood v. Russell (Neb.)
249.

and defenses.

In an action in tort, the previous recovery
of a judgment against a joint tort feasor is no
bar to the action, so long as such judgment is
unsatisfied.-Cushing v. Hederman (Iowa) 940.
§ 8. Conclusiveness of adjudication.
Where a suit to foreclose is dismissed from
the circuit court of the United States for want
of jurisdiction, the record is not a bar to a sub-
sequent foreclosure in a state court.-Irwin v.
Gay (Neb.) 197.

Where a judgment is based on certain prem-
ises, they are equally conclusive in a subsequent
action between the same parties as the judg
ment itself.-Shelby v. Creighton (Neb.) 369.

fendant in attachment, who dies pending the
As between plaintiff and the estate of de-
attachment, all matters litigated are merged
in the judgment and order of sale.-First Nat.
Bank v. Tompkins (Neb.) 551.

A determination of the supreme court that
certain parties were entitled to hold the office
of fire and police commissioners of the city of
to prevent his appointment of commissioners
Omaha held not binding on the governor so as
under the provisions of the act of incorpora-
tion of metropolitan cities. - State v. Savage
(Neb.) 557.

§ 9.

Lien.

The lien of a judgment against a vendor, who
has given a bond for a deed, attaches only to
the unpaid purchase money.-First Nat. Bank
v. Edgar (Neb.) 404.

§ 10. Suspension, enforcement, and re-
vival.

Code, § 482, providing that a judgment shall
become dormant, does not apply to a decree for
the sale of specific reai estate on foreclosure.-
Herbage v. Ferree (Neb.) 408.

a

Equity held to have jurisdiction to cancel
void judgment which constitutes an ap-
parent lien on real property.-Iowa Savings &
Loan Ass'n v. Chase (Iowa) 807.

A proceeding in equity to cancel a judgment
void for want of jurisdiction held not barred
for failure to institute it within a year, as

provided by Code, § 4092.-Iowa Savings &
Loan Ass'n v. Chase (Iowa) 807.

A petition in equity for a new trial because
of the loss of the bill of exceptions in an ac-
tion at law held bad on demurrer.-City of Lin-
cola v. Bell (Neb.) 287.

A new trial in an action at law on a petition
in equity will not be granted, where it is not
made to appear that a lost bill of exceptions
cannot be supplied.-City of Lincoln v. Bell
(Neb.) 287.

A party cannot obtain a new trial for loss
of a bill of exceptions by a bill in equity, where
by a reasonable effort the record claimed to

Authority of sheriff to make sale, see "Sheriffs
and Constables." § 2.
Of property of decedent, see "Executors and
Administrators," § 5.

On execution, see "Execution," § 2.

When the return of the sheriff to an order
of sale showed the land sold to the plaintiff,
but failed to state that it was sold to him as

executor, a correction by an amended return
was no ground for objection to the confirmation
of the sale. - Campbell v. Gawlewicz (Neb.)
569.

Where at a judicial sale land is purchased
by the plaintiff, it is not necessary that the
sum bid should be actually paid in money.-
Campbell v. Gawlewicz (Neb.) 569.

JURISDICTION.

Effect of appearance, see "Appearance."
Jurisdiction of particular actions or proceedings.
See "Divorce," § 3; "Mandamus," § 3.
Relief against judgment, see "Judgment," § 5.
Special jurisdictions.

See "Bankruptcy," § 2; "Equity," § 1.

§§ 7343. 7358, subd. 2), held properly overrul-
ed.-State v. Hall (S. D.) 325.

3. Competency of jurors, challenges,
and objections.

There is no error in overruling a challenge
to a juror who heard part of the testimony
on a former trial, but who states that he can
lay aside the opinion formed therefrom.—
State v. Prins (Iowa) 758.

That a juror has a good opinion of one of
the parties to an action is no ground for a
challenge for cause.-Tolles v. Meyers (Neb.)
505.

JUSTICES OF THE PEACE.

Restraining proceedings before, see "Courts,"
§ 5.

1. Rights, duties, and liabilities.

In an action against a justice under Comp.
St. c. 28, § 34, for taking illegal fees, the pen-
alty provided applies not only to the taking of
greater fees than those specified, but also to the
taking of fees for services other than those

specified. Courier Printing & Publishing Co. v.
Leese (Neb.) 357.

Comp. St. c. 28, § 11, authorizing fees to a
justice for filing petition, bill of particulars, or
other papers necessary in a case, includes an
appeal bond.-Courier Printing & Publishing
Co. v. Leese (Neb.) 357.

The words, "Surety approved by me," follow-
ed by the official signature of the justice, in-
dorsed on an appeal bond, are not a certificate,
and an exaction of a fee therefor by such jus-
tice is illegal. Courier Printing & Publishing
Co. v. Leese (Neb.) 357.

Exaction by justice for fee for that part of
transcript showing the special appearance and

Particular courts, see "Courts."

JURY.

Assessment of damages by jury in condemna-
tion proceedings, see "Eminent Domain," § 3.
Custody and conduct, see "Criminal Law,"

10.

Grounds for reference instead of trial by jury,
see "Reference," § 1.

Instructions in civil actions, see "Trial," §§ 5-9.
Instructions in criminal prosecutions, see "Crim-
inal Law," § 9.

Questions for jury in civil actions, see "Trial,"
§ 4.

Taking case or question from jury at trial,
"Trial," 4.

Verdict in civil actions, see "Trial," § 10.

§ 1. Right to trial by jury.

In an action to restrain the sale of a note,
where counterclaims were set up, the defend-
ant is entitled to a jury trial of the issue of
damages.-Larrabee v. Given (Neb.) 504.

§ 2. Summoning, attendance, discharge,
and compensation.

It is no good ground of challenge for cause
under Code Civ. Proc. § 665, that a juror who
has been summoned in the regular panel, which
was quashed on a challenge to the array, has
again been summoned under a special venire at
the same term of court.-Randolph v. State
(Neb.) 356.

Under Comp. Laws, § 7334, a defendant is
required to exercise his right of peremptory
challenge against members of the regular pan-
el before talesmen can be called to complete
the jury.-State v. Wright (S. D.) 311.

Challenge to panel of jurors summoned on a
special venire, on the ground of actual bias of
the officer who summoned them (Comp. Laws,

Under Rev. St. Wis. 1898, §§ 3571, 3653,
diction, after the impaneling of a jury, to dis-
3659, held that a justice of the peace has juris-
miss a counterclaim for want of evidence to
support it.-Fuller v. Tubbs (Wis.) 660.

§ 4. Review of proceedings.

Where the jurisdiction of a justice appears on
the face of the record, error, to be available on
appeal, must appear affirmatively.-Martin v.
Mershon (Neb.) 180.

A more technically accurate statement of a
cause of action on appeal than that contained
in the bill of particulars in the justice court,
held not a departure.-Massillon Engine &
Thresher Co. v. Prouty (Neb.) 384.

An appeal bond in a case appealed from jus-
tice court held insufficient, under Comp. Laws,
§ 6133, in containing no provision for costs on
appeal.--Doering v. Jensen (S. D.) 343.

When the appeal bond on an appeal from
the justice court is insufficient. the circuit
court has no jurisdiction of the cause, and

§ 2. Prosecution and punishment.
On trial for the larceny of hogs carried by
team from the place of the theft, testimony
that a team found on defendant's father's
place made certain tracks from the place was
properly admitted. - State V. Wackernagel
(Iowa) 761.

On trial for the larceny of hogs, evidence
that the one who stole the hogs also stole
some harness the same night held inadmissi-
ble, in the absence of evidence to connect de-
fendant with either theft.-State v. Wacker-
nagel (Iowa) 761.

Indictment for larceny held to sufficiently
charge the offense.-State v. Halpin (S. D.)
605.

LIFE ESTATES.

Conveyance by deed, see "Deeds," § 2.
Creation by will, see "Wills," § 2.

A life tenant of lands may purchase at a
sale thereof under a power, though her consent
is required by the power for the exercise there-
of.-McLenegan v. Yeiser (Wis.) 682.

LIFE INSURANCE.

See "Insurance," § 8.

LIMITATION.

Of municipal indebtedness, see "Municipal Cor-
porations," § 8.

LIMITATION OF ACTIONS.

See "Adverse Possession."

Suits to set aside fraudulent conveyances, see
"Fraudulent Conveyances," § 3.

Particular actions or proceedings.
Confirmation of tax title, see "Taxation," § 12.
Criminal prosecutions, see "Criminal Law," § 4.
To recover tax paid, see "Taxation," § 8.
To vacate judgment, see "Judgment," § 5.
Trial of tax title, see "Taxation," § 12.

§ 1. Computation of period of limita-

tion.

A trustée ex maleficio of land repudiates his
trust, so as to initiate limitations, by selling
the land.-Blackledge v. Blackledge (Iowa)
818.

A suit by grantee of life estate to be de-
clared owner in fee held not barred by laches.-
Lampman v. Lampman (Iowa) 1042.

Where railroad claimed title to land under
a land grant, and defendant made application
to enter it as a homestead, and by successive
appeals kept the matter in litigation for 11
years, the time during which the contest was
thus pending was not to be counted against
railroad in determining whether its rights were
barred by limitations.-St. Paul, M. & M. Ry.
Co. v. Olson (Minn.) 294.

While a person is prevented from exercising
his legal remedy by some paramount author-
ity, the time should not be counted against
barred his right.-St. Paul, M. & M. Ry. Co.
him in determining whether limitations have
V. Olson (Minn.) 294.

Limitations begin to run against a creditor
from the discovery of the fraud on the part of
his debtor.-State Bank v. Frey (Neb.) 239.

In an action, brought more than four years
after the recording of a deed, to set it aside,
plaintiff must show himself entitled to additional
pleading and proof.-State Bank v. Frey (Neb.)
239.

On logs, see "Logs and Logging."
Statute making purchaser of logs liable for lien
as taking property without due process of
law, see "Constitutional Law," § 3.
Liens acquired by particular remedies or pro-

ceedings.

See "Judgment," § 9; "Taxation," § 7.

Particular classes of liens.

See "Mechanics' Liens."

Agister's liens, see "Animals."

The institution of a suit to foreclose a mort-
gage before the note is barred by the statute
tolls the statute on the note.-Harris v. Nye &
Schneider Co. (Neb.) 250.

Limitations do not run against an action to