FUNERAL EXPENSES. GRAND JURY. Liability of estate of decedent, see Executors See Indictment and Information. GARNISHMENT. See Attachment. GAS. 13. Under the rule of a gas company requiring an advance deposit from irresponsible persons to cover charges made, in the absence of evidence to the contrary, it will be presumed that the consumer was responsible.-Phelan v. Boone Gas Co. (Iowa) 208. § 13. Where a gas company was not acting in good faith in refusing to supply a consumer with gas until he made an advance deposit, the company will be compelled to furnish it without the deposit.-Phelan v. Boone Gas Co. (Iowa) 208. 13. A gas company may adopt reasonable rules and regulations for the management of its affairs.-Phelan v. Boone Gas Co. (Iowa) 208. $ 14. The duty of a gas company to furnish gas to the inhabitants of the city without discrimination stated.-Phelan v. Boone Gas Co. (Iowa) 208. GATES. Duties as to gates across ways of necessity, see Easements, § 44. GEOGRAPHICAL FACTS. Judicial notice of, see Evidence, § 10. GIFTS. See Deeds. GRANTS. Of public lands, see Public Lands. Adverse possession of submerged lands, see Adverse Possession, § 7. GUARANTY. See Principal and Surety. Application of statute of frauds, see Frauds, Statute of, § 33. I. REQUISITES AND VALIDITY. § 1. "Guaranty" and "guarantor" defined.Northern State Bank of Grand Forks v. Bellamy (N. D.) 888. II. CONSTRUCTION AND OPERATION. § 35. The liability of a guarantor of a note is secondary within Rev. Codes 1905, § 6494, relating to release of parties secondarily liable. -Northern State Bank of Grand Forks v. Bellamy (N. D.) 888. $35. The remedy against a guarantor is not primary and direct, but collateral and secondary, within Rev. Codes 1905, § 6494.Northern State Bank of Grand Forks v. Bellamy (N. D.) 888. III. DISCHARGE OF GUARANTOR. § 57. A guarantor of a note extended without his consent held released under Rev. Codes Forks v. Bellamy (N. D.) 888. By testator as ademption of legacy, see Wills, 1905, § 6422.-Northern State Bank of Grand $ 766. Charitable gifts, see Charities. $57. Under the law in force prior to Laws Of intoxicating liquor, see Intoxicating Liquors, 1899, c. 113, an extension of time by the hold§ 156. To counties, see Counties, § 104. I. INTER VIVOS. 849. Evidence in a proceeding to establish a gift of land after the death of the grantor held insufficient to show that the deed was intended to operate as a present delivery or consummation of the gift.-Creveling v. Brown (Iowa) 807. GOOD FAITH. Of mortgagee, see Mortgages, § 155. Of party asking equitable relief, see Specific Performance, § 99. er of a note releases the guarantor, which rule is still in force unless changed by Rev. Codes 1905, § 6422.-Northern State Bank of Grand Forks v. Bellamy (N. D.) 888. IV. REMEDIES OF CREDITORS. Separate causes of action against maker and guarantor of note, see Action, § 38. Service of process, see Process, 62. § 85. The petition in an action on a guaranty contract held not to state a cause of action.Rapp v. H. Linebarger & Son (Iowa) 209. GUARDIAN AD LITEM. Of purchaser of bill or note, see Bills and In action by or against infant, see Infants, § Notes, §§ 327-356. 84. GUARDIAN AND WARD. See Parent and Child. Guardian ad litem, see Infants, § 84. Guardianship of insane persons, see Insane Persons, § 36. Matters relating to infants and their property irrespective of guardianship, see Infants. HABEAS CORPUS. II. JURISDICTION, PROCEEDINGS, AND RELIEF. § 99. A divorced mother of an infant child held not entitled to recover custody.-Ex parte Collins (Mich.) 389. § 113. Appeals by two defendants held to be one case on appeal, so that affirmance of the judgment is upon the merits as to both appel- | Streets in cities, see Municipal Corporations, }} lants.-Ex parte Urban (Neb.) 543. HABITUAL DRUNKARDS. See Drunkards. HABITUAL INTEMPERANCE. Ground for divorce, see Divorce, § 22. HANDWRITING. Opinion evidence, see Evidence, § 480. HARMLESS ERROR. In civil actions, see Appeal and Error, §§ 10321071. In criminal prosecutions, see Criminal Law, 1169; Homicide, § 340. HAWKERS AND PEDDLERS. Constitutionality of license laws, see Licenses, § 7. Imposition of fine for violation of peddler's license act, as imprisonment for debt, see Constitutional Law, § 83. $ 2. The amendment of the peddler's license act (Sess. Laws 1903, c. 190, § 7) by Sess. Laws 1905, c. 147, held not to affect the constitutionality of the law.-State v. Thompson (S. D.) 567. HEALTH. 657-706. I. ESTABLISHMENT, ALTERATION, AND DISCONTINUANCE. Dedication, see Dedication. (B) Establishment by Statute ог Statu tory Proceedings. § 34. The dismissal of a petition for the establishment of a public road held not to exhaust the jurisdiction of the supervisors to order the establishment of a road on the same route on a new petition.-Lawrence v. Williams (Iowa) 656. 41. Under Code, § 1488, an adverse report of the commissioner appointed in proceedings to establish a road held to work a dismissal of the proceedings.-Lawrence v. Williams (Iowa) 656. Regulation of manufacture, sale, and use of ar- Special interrogatories to jury in action for inticles of food or drink, see Food. juries on highway, see Trial, § 350. Use of street as highway, see Municipal Cor porations, §§ 705, 706. 175. Defendant operating an automobile on a highway held negligent whether he ran into a wagon going in the opposite direction by turning into it or by running upon the wrong side of the highway.-Anderson v. Sparks (Wis.) 925. § 184. In an action for injuries received by plaintiff through defendant's negligent operation of an automobile on a highway, the admission of evidence as to another automobile at or near the place of the accident was not erroneous.-Neidy v. Littlejohn (Iowa) 198. § 184. A declaration, in an action for inju ries to a team and vehicle caused by the negligent operation of an automobile, held sufficiently broad to cover a neglect of duty imposed by Pub. Acts 1905, No. 196.-Matla v. Rapid Motor Vehicle Co. (Mich.) 708. § 184. Evidence in an action for injuries from a collision on a highway as to the tracks on the highway held admissible.-Anderson v. Sparks (Wis.) 925. § 184. In an action for injuries from a collisustain the jury's findings on certain questions. sion on a highway, evidence held sufficient to Anderson v. Sparks (Wis.) 925. § 184. In an action for injuries from a collision on a highway, an instruction as to contrib utory negligence held proper.-Anderson v. Sparks (Wis.) 925. $ 184. Instructions in an action for injuries from a collision on a highway as to answering special interrogatories held not misleading.-An- to the widow.-In re Robertson's Estate (Neb.) derson v. Sparks (Wis.) 925. 1093. 58. HOMICIDE. § 184. In an action for injuries caused by plaintiff's horse being frightened by defendant's automobile in a public highway, evidence held Civil liability for causing death, see Death, § to sustain a finding that defendant was negligent in turning the machine to the left side of the road, and driving it closely to plaintiff's horse.-Pfeiffer v. Radke (Wis.) 934. § 184. In an action for injuries by plaintiff's horse being frightened by defendant's automobile and overturning the buggy, evidence held to sustain a finding that defendant's negligence in turning his car to the left side of the road, and driving closely to the horse and buggy, proximately caused the injury.-Pfeiffer v. Radke (Wis.) 934. (C) Injuries from Defects or Obstructions. Effect of opinion evidence, see Evidence, § 571. In bridges, see Bridges, §§ 40, 44. In streets, see Municipal Corporations, §§ 791821. Submission of special interrogatories to jury, see Trial, § 351. § 210. In an action for the loss of a horse, resulting from a defect in the highway, evidence as to the existence of other defects held competent.-Kortendick V. Town of Waterford (Wis.) 945. § 211. In an action for injuries from a defect in a highway, evidence held to sustain a finding by the jury that defendant had actual knowledge of the defect before the accident.Kortendick v. Town of Waterford (Wis.) 945. the word "accident" in an instruction in an ac IV. ASSAULT WITH INTENT TO KILL. § 96. Prosecutor held the aggressor so that accused was justified in defending himself.State v. Butler (Iowa) 196. VII. EVIDENCE. (B) Admissibility in General. Experiments, see Criminal Law, § 388. § 166. In a prosecution for murder, certain evidence held admissible to show motive.-People v. Droste (Mich.) 87. § 189. On a trial for assault with intent to murder, evidence of prosecutor's previous ill will towards accused was competent on the issue of which one of the two was the aggressor.State v. Butler (Iowa) 196. murder, evidence of threats made by prosecutor § 190. On a trial for assault with intent to was competent on the issue of which one of the two was the aggressor.-State v. Butler (Iowa) VIII. TRIAL. 196. (C) Instructions. Requests for instructions, see Criminal Law, § 824. 540. § 214. An instruction as to the meaning of defense to one in the lawful pursuit of his busi§ 300. A charge, limiting the right of selftion to recover for the loss of a horse, occasion-ness, held erroneous.-Clarence v. State (Neb.) ed by a defect in highway, held not erroneous. -Kortendick v. Town of Waterford (Wis.) 945. $214. An instruction as to what constitutes a defect in a highway held not erroneous.-Kortendick v. Town of Waterford (Wis.) 945. II. TRANSFER OR INCUMBRANCE. § 118. A mortgage of a homestead of a husband and wife not signed by the wife is utterly void.-Justice v. Souder (N. D.) 1029. $133. Rights of a wife under Rev. Codes 1905, § 5054, as an attaching creditor of a divorced husband, to set aside his mortgage of the homestead void because not signed by her, stated.-Justice v. Souder (N. D.) 1029. III. RIGHTS OF SURVIVING HUS- § 141. Where a woman while living with her husband and children on certain real estate as the family homestead became insane, and remained so until after her husband's death, her husband had no power to divest her of her interest in the homestead by will.-In re Robertson's Estate (Neb.) 1093. § 141. An executor is not entitled to possession of the homestead as against a surviving spouse. In re Robertson's Estate (Neb.) 1093. § 150. The county court has jurisdiction to appoint appraisers and to set aside a homestead i § 309. In a homicide case the court held to have properly charged on manslaughter as well as murder.-People v. Droste (Mich.) 87. § 309. In a homicide case a charge that to make it manslaughter the reason should be so disturbed at the time of the killing by passion or "an excitement of any cause" so as to make an ordinary man liable to act without deliberation held not erroneous.-People v. Droste (Mich.) 87. X. APPEAL AND ERROR. $340. Any error in a charge on manslaughter held favorable to accused so that he cannot complain thereof.-People v. Droste (Mich.) 87. § 340. A certain charge held prejudicial error.-Clarence v. State (Neb.) 540. HORSES. Frightening, see Highways, § 181. Injuries to horses on railroad tracks, see Railroads, §§ 419-446. HOSTILE POSSESSION. Of occupant of real estate holding adversely, see Adverse Possession, §§ 63-85. HUSBAND AND WIFE. See Divorce; Dower; Marriage. Allowance to survivor from estate of decedent, see Executors and Administrators, § 194. Competency of married woman to execute will, see Wills, § 28. Contracts to marry, see Breach of Marriage Promise. Joinder of wife in transfer or incumbrance of homestead, see Homestead, § 118. Liability of estate of married woman for funeral expenses, see Executors and Administrators, § 214. Resulting trusts from payment of consideration for conveyance to wife, see Trusts, § 81. Right of survivor to exemptions, see Homestead, 88 141, 150. Time for redemption of property of married woman from tax sale, see Taxation, § 699. I. MUTUAL RIGHTS, DUTIES, AND Liability of estate for funeral expenses, see $ 17. Under Code, § 3165, neither the husband nor wife is surety for the other.-In re Skillman's Estate (Iowa) 343. § 19. At common law, every husband was bound to bury his deceased wife in a suitable manner and defray all necessary expenses.-In re Skillman's Estate (Iowa) 343. 25. A husband contracting with another in his own name is personally bound thereby, and his wife is not bound unless she authorized him to make the contract for her, or unless she ratified the contract when made.-Young v. Inman & Nelson (Iowa) 177. II. MARRIAGE SETTLEMENTS. IX. ABANDONMENT. where defendant admitted the desertion, but § 313. In a prosecution for wife desertion, claimed to have good cause therefor, evidence held admissible as bearing upon his intent.State v. Morgan (Iowa) 166. § 313. In a prosecution for wife desertion, evidence held sufficient to support a verdict of guilty.-State v. Morgan (Iowa) 166. § 318. Under Code Supp. 1907, § 4775c, the court is not bound to release a defendant, convicted of wife desertion, where he offered a bond for $1,000, conditioned as required by statute, but signed by himself alone.-State v. Morgan (Iowa) 166. HYPOTHECATION. See Chattel Mortgages; Pledges. HYPOTHETICAL QUESTIONS. In examination of expert witnesses, see Evidence, § 552. ICE HOUSES. Effect on right of election under will, see Wills, As fixtures, see Fixtures, §§ 32, 35. Requirements of statute of frauds, see Frauds, § 29. Antenuptial agreement cutting off rights which otherwise the man would have acquired by marriage in the property of the woman held valid.-Weis v. Bach (Iowa) 211. § 29. Marriage is a sufficient consideration for the assignment of a fully paid life insurance policy.-Graves v. Von Below (Mich.) 379. § 31. Statement of property covered by antenuptial agreement.-Weis v. Bach (Iowa) 211. III. CONVEYANCES, CONTRACTS, AND OTHER TRANSACTIONS BETWEEN HUSBAND AND WIFE. IDEM SONANS. See Names, § 16. IDENTITY. Of causes of action or defenses as affecting operation of former judgment as bar, see Judgment, $$ 584-622. Of issues or subject-matter of action as affecting_conclusiveness of judgment, see Judgment, §§ 713-728. IDIOTS. See Insane Persons. ILLEGAL IMPRISONMENT. $36. Under Code, §§ 3154, 3157, husband and wife held entitled to contract with each other as See False Imprisonment. to their property so as to affect marital rights, though the inchoate rights which each spouse has in the property of the other by virtue of the marriage are not the subject of direct transac ILLEGALITY. tions between them in relation thereto.-Baker Of contracts, see Contracts, §§ 102, 121. v. Syfritt (Iowa) 998. ILLEGITIMATE CHILDREN. § 40. Under Code, § 3165, payment by the husband or the wife of family expenses confers See Bastards. no right of recovery or of contribution from the other. In re Skillman's Estate (Iowa) 343. ILLNESS. 15. Deeds executed by Indians are not recognized by the government, and were not recognized by the British government.-State v. Venice of America Land Co. (Mich.) 770. INDICTMENT AND INFORMATION. For violations of liquor laws, see Intoxicating Liquors, §§ 200, 236. Indorsement of names of witnesses, see Criminal Law, § 628. V. REQUISITES AND SUFFICIENCY OF ACCUSATION. § 87. Time is not a material ingredient of In general, see Drunkards; Indians; Insane statutory rape within Code Cr. Proc. § 225.Persons. To make will, see Wills, §§ 28-55. To marry, see Marriage, § 10. INCEST. Privilege of witness, see Witnesses, § 297. INCHOATE DOWER. See Dower, §§ 30, 49. INCOMPETENCY. See Drunkards; Insane Persons. INCONSISTENCY. In defenses alleged, see Pleading, § 93. State v. Sysinger (S. D.) 879. VI. JOINDER OF PARTIES, OFFENSES, AND COUNTS, DUPLICITY, AND ELECTION. Election between acts of accused, proof of which is offered under one count, see Criminal Law, § 678. INDIGENT PERSONS. See Paupers. INDISPENSABLE PARTIES. See Parties, § 19. INDIVISIBLE CONTRACTS. Of alternative remedies, see Election of Reme- See Sales, § 62. dies, § 3. Statements by witnesses inconsistent with testimony as ground for impeachment, see Witnesses, $$ 380-396. INCORPORATION. In general, see Corporations, §§ 22, 30. Of municipalities, see Municipal Corporations, $ 8. INCRIMINATION. Compelling witness to criminate himself, see Witnesses, § 297. INCUMBRANCES. See Liens; Mechanics' Liens; Mortgages. On exempt property, see Homestead, §§ 118, 133. On property of married woman's separate estate, see Husband and Wife, § 151. INDEBTEDNESS. Charge on married woman's separate property, Injuries to minor employés, see Master and see Husband and Wife, § 151. Servant, § 95. |