27 (S.D.) In action for damages by assault with pistol, cross-examination of defendant in attempt to show that he had had trouble with other tenants than plaintiff was not competent. -Hansen v. Boots, 168 N. W. 798. See Courts, 97; Statutes, 118; United 40 (S.D.) Size of verdict, $1,500, for assault States, 3; War, 4. and battery, held, in view of evidence, not to show passion and prejudice of jury.—Bartlett v. Bartlett, 168 N. W. 633. II. CRIMINAL RESPONSIBILITY. (A) Offenses. 40 (Minn.) Circulation in leaflet form of resolutions adopted by National Nonpartisan League professing loyalty to and support of the government, urging immediate declaration of terms of peace without concessions, indemnities, etc., demanding abolition of secret diplomacy, 71 (N.D.) Under Comp. Laws 1913, § 9218, cessation of gambling in necessities of life and making all persons concerned in the crime of enormous war profits, and declaring for free- principals, a verdict finding a defendant guilty dom of speech does not violate Laws 1917, c. of assault with a dangerous weapon was prop 463, § 3 (Gen. St. Supp. 1917, § 8521-3), by er, where it appeared that he aided and abetted advocating that citizens of Minnesota should his accomplices, who used the dangerous weapnot aid United States in carrying on the war.- ons.-State v. Rosencranz, 168 N. W. 650. State v. Townley, 168 N. W. 591. (B) Prosecution and Punishment. Publication and circulation of leaflets stating that moving cause of world war was and is 83 (N.D.) In a prosecution for assault and political autocracy, the struggle of political overlords to perpetuate and extend industrial autocracy, did not violate Laws 1917, c. 463, § 3 (Gen. St. Supp. 1917, § 8521-3) by advocating that citizens of Minnesota should not aid United States in prosecuting war; such language characterizing the German military machine and its objects, and not the United States. -Id. Legislative object in enacting Laws 1917, c. 463 (Gen. St. Supp. 1917, §§ 8521-1 to 85216), making it unlawful to interfere with or discourage enlistment in the armed forces of United States or of Minnesota, was to aid the federal authorities to prevent and suppress sedition and like conduct.-Id. In prosecution for violation of Laws 1917, c. 463 (Gen. St. Supp. 1917, §§ 8521-1 to 8521-6), based on circulation of resolutions adopted by the National Nonpartisan League, the court cannot inject by inference matters of substance between the lines of the resolutions and predicate a conviction thereon.-Id. 52 (N.D.) The meaning of general terms and of the word "all," as used in Comp. Laws 1913, § 1776, requiring the Soldiers' Home to provide home to all honorably discharged soldiers, may be restrained by the spirit or reason of the statute.-State v. Seigfried, 168 N. W.,62. battery with a dangerous weapon with intent to do bodily harm, evidence as to the condition of a wheat field near the highway on which the assault was committed, on the day fol lowing, was admissible; it appearing that defendant and his accomplices emerged from such field prior to the assault.-State v. Rosencranz, 168 N. W. 650. ASSESSMENT. Municipal CorporaSee Drains, 71-82; tions, 434; Taxation, 351. ASSIGNMENTS. See Bills and Notes, 280, 313, 484; Insurance, 392, 393; Judgment, 46, 820; Public Lands, 39; Vendor and Purchaser, 261; Witnesses, 164. I. REQUISITES AND VALIDITY. (B) Mode and Sufficiency of Assignment. 34 (Iowa) There is recognized in law an oral assignment of a written instrument.-State Central Sav. Bank v. St. Paul Fire & Marine Ins. Co., 168 N. W. 201. ASSOCIATIONS. See Beneficial Associations; Corporations, 113; Insurance, 693-817; Statutes, 113. ASSUMPSIT, ACTION OF. Though Comp. Laws 1913, § 1776, declares the object of Soldiers' Home to be to provide a home for "all" honorably discharged soldiers, its board of trustees may refuse admittance to one owning land and house and lot valued at $14,000 and having a pension of $30 a month See Pleading, 249; Work and Labor. and where his admission would be detrimental, to poor and needy soldiers.-Id. Under Comp. Laws 1913, § 1781, empowering ASSUMPTION OF RISK. board of trustees of Soldiers' Home to make See Master and Servant, 203–226. rules necessary to preserve order, discipline, and health, board may make rules as to admis ATTACHMENT. sion of inmates preventing an overcrowding and See Appeal and Error, 99; Chattel Mortlimiting use of home to those most in need of its aid and support.-Id. "Charitable purposes," as used in Enabling Act, § 17, is to be given a broad sense to include acts of public benefaction as well as mere almsgiving or benefaction to the poor, and authorized maintenance of a soldiers' home to care for all classes of aged and infirm soldiers, irrespective of their monetary worth.-Id. ARREST OF JUDGMENT. gages, 152; Process, 125; Statutes, 113. I. NATURE AND GROUNDS. (B) Grounds of Attachment. 25 (Neb.) It is the actual residence of the debtor, and not his domicile, which determines the status of the parties in attachment proceedings.-National Surety Co. v. Love, 168 N. W. 597. 47(4) (Neb.) Evidence held to show that de III. PROCEEDINGS TO PROCURE. (B) Affidavits. 100 (Iowa) Belief in the truth of the facts charged as basis for an attachment must be founded upon facts and circumstances within knowledge of attaching party which are sufficient to induce the belief in the mind of person of ordinary prudence, judgment, and foresight.-Palo Sav. Bank v. Cameron, 168 N. W. 769. V. LEVY, LIEN, AND CUSTODY AND lieving defendant was about to convert property ATTORNEY AND CLIENT. See Action, 50; Appeal and Error, II. RETAINER AND AUTHORITY. and client is contractual, no particular formali- 201 (Neb.) Where there has been sale of attached property under circumstances amounting to notice to purchaser of rights of defendant, he will be held to purchase subject to defendant's 77 (Iowa) Where a client retained an attorney to represent him in administration prorights.-Coates v. O'Connor, 168 N. W. 102. ceeding and gave him information in regard to realty to which decedent was supposed to have VIII. CLAIMS BY THIRD PERSONS. 306 (N.D.) A third party claim filed under a claim, an implied agreement that the attorney Comp. Laws 1913, § 7550, sufficiently alleges was to represent the client in the adjustment of ownership if stating that at all times, includ- the title was inferable from the circumstances. ing the time of seizure, the property was that-Healy v. Gray, 168 N. W. 222. of claimant by reason of his purchase of and TORNEY TO CLIENT. payment therefor.-Coverdell v. Erickson, 168 III. DUTIES AND LIABILITIES OF ATN. W. 367. A third party claim under Comp. Laws 1913, with an aged woman of his own nationality who $7550, cannot be defeated merely because it 13 (Iowa) Where an attorney counseled states the value of the property is greater than could talk but little English advising a sale, proof shows it to be.-Id. and his partner secured as purchaser of her property his friend, who relied upon such atchase, the attorneys represented hostile intertorney's judgment as to advisability of purests.-Wachsmut v. Miller, 168 N. W. 344. It is not necessary for claimant under Comp. Laws 1913, § 7550, to state from whom the property was acquired and to whom the consideration was paid.-Id. X. LIABILITIES ON BONDS OR UN- 123 (1) (Iowa) The relation of attorney and client is in the highest degree confidential, and a client may communicate freely with his attor ney concerning the subject-matter of his em343 (Iowa) Where plaintiff attached mortgaged property, and, upon mortgagees' appearance and claim to the property, gave sheriff in-ployment.-Healy v. Gray, 168 N. W. 222. demnifying bond, pursuant to Code, § 3988, and receiver was appointed and took charge of the property, plaintiff not converting or attempting to convert the property, mortgagees, upon mortgage being declared valid, were required to look to mortgaged property for satisfaction of their claim, and could not hold plaintiff on the bond.-Palo Sav. Bank v. Cameron, 168 N. W. 769. XI. WRONGFUL ATTACHMENT. 357 (Iowa) If any of the grounds upon which plaintiff predicates his right to attachment is true, the attachment is not wrongfully sued out.-Palo Sav. Bank v. Cameron, 168 N. W. 769. 375(3) (Iowa) Where plaintiff wrongfully attached defendant's stock of merchandise, pre venting intended sale and converting goods to own use, defendant could recover as damages no more than actual value of the goods.-Palo Sav. Bank v. Cameron, 168 N. W. 769. 378 (Iowa) Where plaintiff wrongfully attached defendant's stock of merchandise, a verdict for defendant on counterclaim for wrongful attachment of $1,172.28 held far more than he could have suffered in way of damages, where he had made sale of goods for $2,374, and they were mortgaged for $1.800.-Palo Sav. Bank v. Cameron, 168 N. W. 769. 379 (Iowa) On counterclaim for wrongful attachment, whether defendant was about to convert the property into money for purpose of placing it beyond reach of creditors was fact question for jury.-Palo Sav. Bank v. Cameron, 168 N. W. 769. On counterclaim for wrongful attachment, whether plaintiff had reasonable cause for An attorney will not be permitted to make use of knowledge, or information, acquired by him through his professional relation, or in the conduct of his client's business, for his own advantage or profit.-Id. IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. 130 (S.D.) It is against public policy to permit a city attorney, charged with the duty of prosecuting a party for a violation of ordia criminal charge arising out of the same transnances, to contract to defend such party against action.-Hosford v. Eno, 168 N. W. 764. 133 (S.D.) An attorney called in to assist knowledge rendered services in the case acceptthe attorney employed, and who to the client's ed by the client without objection, might recover against the client for his services.-Kneedy v. Keiser, 168 N. W. 715. AUCTIONS AND AUCTIONEERS. 8 (Iowa) In auction sale, where one of the conditions was that paper should be bankable, whether the purchase of five different articles was a single transaction was a matter of intent, as the acceptance of a bid did not complete settlement being necessary.a purchase; Schafer v. Hoch, 168 N. W. 107. Where purchaser at auction bought five articles, one single note being given in settlement, the withdrawal of such note from the auctioneer and the giving in place thereof of two notes, one a conditional note, and the other equal to amount of bids for four articles, such notes being refused by the owner, was a rescission by the purchaser of the settlement, and the cases in Dec. Dig. & Am. Dig. Key No. owner was entitled to have possession of all 298 (Mich.) The statute does not, till or five articles, and it was immaterial that the der of the referee in bankruptcy, begin to run auctioneer had no authority to assent to a against action by trustee in bankruptcy of a rescission. Id. corporation against a stockholder because of issuance of stock for property at too high a valuation.-Courtney v. Youngs, 168 N. W. 441. BANKS AND BANKING. Where condition of auction sale was that bankable paper should be given, the seller is entitled to possession of articles sold, where the purchaser withdrew the settlement note from the auctioneer and gave two notes not acceptable to the seller, and it is immaterial that other remedies are available to the seller.-Id. AUDITORIUM COMMISSION. See Statutes, 93. AUTOMOBILES. See Bills and Notes, 85, 313; Constitution- I. CONTROL AND REGULATION IN GENERAL. 2 (Iowa) A "bank" is a concern engaged in the banking business, and not a mere orto commence such business.-Vale v. Messenganization ready, on permission being granted, ger, 168 N. W. 281. See Constitutional Law, 62; Damages, 130; Evidence, 14, 519; Highways, 176, 184; Insurance, 455; Intoxicating Liquors, 262; Master and Servant, 301, 330; Municipal Corporations, 705, 706, 821; Negligence, 93; Railroads, 6 (Iowa) Superintendent of department of 302, 350; Sales, 455; Street Railroads, banking created by Acts 37th Gen. Assem. c. 99, 103, 117; Taxation, 200; Torts, 40, in determining whether to issue a 22; Trial, 234, 295; Warehousemen, der Code, § 1863, to commence business, may tificate authorizing state bank, organized un34; Witnesses, 255, 393. not exercise any discretion save in satisfying himself that capital has been paid up as required by Code Supp. 1913, § 1864.-Vale v. Messenger, 168 N. W. 281. BAIL. cer In Code Supp. 1913, § 1864, providing that posed state bank's paid-up capital, issue a certificate authorizing it to commence business, "shall" was designedly used in a manda. tory sense.-Id. II. IN CRIMINAL PROSECUTIONS. 55 (Mich.) Under Charter of Detroit 1914-auditor shall, when he is satisfied as to pro16, p. 472. § 10, as to jurisdiction of police court and discharges on recognizance, order by police magistrate for release on recognizance of woman in custody as disorderly person was void, where woman was not personally brought before justice when he granted release.-Couz-17 (Iowa) Acts 37th Gen. Assem. c. 40, is ens v. Sellers, 168 N. W. 653. not remedial in character, but merely transfers all matters covered by Code, §§ 1840-1889, as subsequently amended, from the auditor's department to the department of banking, and confers the powers and duties imposed theretofore from the auditor to the state superintendent of banking.-Vale v. Messenger, 168 N. W. 281. II. BANKING CORPORATIONS AND ASSOCIATIONS. (A) Incorporation, Organization, and Incidents of Existence. 22 (Iowa) The organization of a corporation on paper does not constitute it a "bank." -Vale v. Messenger, 168 N. W. 281. III. FUNCTIONS AND DEALINGS. (A) Banking Franchises and Powers, and Their Exercise in General. 184(2) (Minn.) Trustee in bankruptcy may96 (S.D.) Where a bank officer engaged in assail bankrupt's chattel mortgage, not filed as required by statute, in behalf of general creditors who became such after mortgage was given.-Goldberg v. Brule Timber Co., 168 N. W. 22. (D) Administration of Estate. (E) Actions by or Against Trustee. selling real estate used stamps, stationery, time, and space belonging to the bank, his agreement to pay the bank therefor the price of $1 per acre upon all lands sold by him was not ultra vires as to the bank, since it did not constitute dealing in real estate by the bank; the compensation to be given the bank being in fact rent for the office space and compensation for materials used.-Farmers' State Bank v. Weiland, 168 N. W. 717. (C) Deposits. 226 (Mich.) Order of referee in bankruptcy, pursuant to petition in the proceeding, that a stockholder of bankrupt pay a certain amount per share, and in default thereof directing suit by trustee, is not void because on order to show cause mailed him, instead of personal service, but, while determinative of amount of 134(4) (Iowa) Where school district deposdebt, and authorizing suit, does not foreclose ited $2,000 for payment to construction comdefenses.-Courtney v. Youngs, 168 N. W. 441. pany on completion of building, bank being creditor of company, court, at district's suit, will not require bank to turn over all money 287 (3) (Mich.) The trustee in bankruptcy to district simply that it may pay other credof a corporation seeking to recover of a stock-itors of construction company to exclusion of holder because of issuance of stock in exchange bank.-Elk Point Independent Consol. School for property at an overvaluation is exercising Dist. No. 3 of Union County, S. D., v. Bennett the rights of a creditor armed with process, with Bank of Sioux City, 168 N. W. 292. the remedies of such a creditor, given by Bankr. Act, § 47, as amended by Act June 25, 1910 (U. S. Comp. St. 1916, § 9631), and so must sue in equity.-Courtney v. Youngs, 168 149 (S.D.) Bank, which indorsed "Paid" on check payable to its order, though in fact it did not make payment to drawer until drawee had paid the check, did not warrant that check not being qualified indorser, and check_not being payable to bearer.-First Nat. Bank v. Brule Nat. Bank of Chamberlain, 168 N. W. 1054. V. SAVINGS BANKS. 301 (5) (Minn.) If one depositing money in a savings bank in his name "in trust for" his brother and dying without withdrawing it intended to create a trust in favor of his brothbrother.-Walso v. Latterner, 168 N. W. 353. er, the money on his death belonged to his BANNERING. Drawee of check, making payment under mistake without prior acceptance or certification, is not absolutely estopped from recovering from negligent holder; the holder having taken it upon the credit of the prior indorsers and drawer, and not upon the credit of the drawee, and the drawee, in making payment, See Injunction, 99. having the right to rely upon the assumption that payee used due diligence, especially where such payee negotiated the papers to a holder. -Id. Where holder of bill or check used due care in taking such paper, or where there has been some change of position by the holder calling for equitable relief, drawee, who pays bill or check by mistake, cannot recover against holder.-Id. BASTARDS. See Wills, 11. I. ILLEGITIMACY IN GENERAL. 3 (Iowa) Testimony to effect that testator had stated that he doubted that he was father of contestant held not to open up issue as to paternity making testimony thereof admissible, since it was conceded that contestant was born in lawful wedlock, raising conclusive_presumption that she was testator's child. In re Osborn's Estate, 168 N. W. 288. Acceptance by payee bank of check from a stranger, without other identification than that given by another stranger, and marking check "Paid," though in fact it did not pay drawer until payment of check by drawee, held failure to exercise reasonable business prudence.-Id. 3 (Neb.) Under Rev. St. 1913, § 1591, reWhere payee bank failed to exercise reasonable business prudence in accepting forged check from stranger, the fact that it did not pay drawer until payment by drawee was no defense in drawee's action to recover amount paid, where payee did not indorse check for collection.-Id. 152 (Mich.) Where defendant bank was not by terms of certificate of deposit issued by it required to pay certificate without a return of the same indorsed, it acted at its peril where it paid without exacting such requirement, although it paid to the one who made the deposit on which the certificate was issued to the order of another.-Cohn-Goodman Co. v. People's Sav. Bank of Grand Haven, 168 N. W. 1042. That one deposits money for a certificate of deposit payable to another does not give him the right to receive the money or the depositor bank the right to pay him without return of certificate of deposit issued for the deposit. -Id. 153 (Iowa) School district, under bank's certificate acknowledging receipt of funds, had no interest in $2,000, which it deposited to be paid over to construction company when it had completed school building, further than to claim so much of it, if any, as might be required to complete according to contract.Elk Point Independent Consol. School Dist. No. 3 of Union County, S. D., v. Bennett Bank of Sioux City, 168 N. W. 292. If construction company fully completed contract with school district to erect building, district had no interest in $2,000 which it deposited with bank for payment to company on completion of building.-Id. If contract for building had been complied with and architect had so certified, $2,000 deposited by school district in bank for payment to construction company on completion and certification would have belonged to company, and bank's rights, under certificate acknowledging deposit, as creditor of company, would have been protected.—Id. lating to legitimacy of children, the presumption of legitimacy arising from the birth of a child during marriage may be rebutted.-Craig v. Shea, 168 N. W. 135. II. CUSTODY, SUPPORT, AND PRO- 16 (Neb.) Rev. St. 1913, § 5795, prescribing who shall be liable for the support of paupers, and section 8614, relating to abandonment of wife or child, considered together, abrogate the common law, so that the illegitimate child of a married woman, living separate from her husband, is entitled to support from the actual father.-Craig v. Shea, 168 N. W. 135. Rev. St. 1913, § 357, not allowing bastardy proceedings to be brought by a married woman and there being no other remedy except a criminal prosecution, an illegitimate minor child may, by her next friend, maintain action in equity against her putative father to declare her status and recover support and maintenance.-Id. BATHING. See Municipal Corporations, 733. BENEFICIAL ASSOCIATIONS. See Insurance, 693-817. 20 (7) (Minn.) In suit to recover death benefit of member of union whose laws entitled plaintiff, as mother of deceased member, to death benefit if dependent on member at his death, evidence held to make her dependency question of fact for trial court, and that its finding is supported.-Potz v. Cigarmakers' International Union of America, 168 N. W. 126. BILL IN AID OF EXECUTION. See Fraudulent Conveyances, 43. BILL OF LADING. BILLS AND NOTES. Where school district deposited $2,000 in See Evidence, 457. bank for payment to construction company on completion of building and architect's certification, though there was no final certificate, construction company and bank would in equity be entitled to so much of fund as was not required to complete contract.-Id. Where, in so far as school building was not completed, it was at instance of school district, district may not complain in its action against bank with which it deposited funds for payment to contractor on completion.-Id. See Abatement and Revival, 20; Alteration of Instruments, 7, 9, 27; Auctions and Auctioneers, 8; Banks and Banking, 149, 152; Chattel Mortgages, 197; Contribution, 9; Corporations, 99, 414, 433; Descent and Distribution, 9; Estoppel, 92; Evidence, 121, 159, 423, 445; Judgment, 46, 820; Mortgages, 105; Pleading, 359, 383, 385; Trial, I. REQUISITES AND VALIDITY. V. RIGHTS AND LIABILITIES ON IN- (B) Indorsement for Transfer. (D) Acceptance. 74 (Iowa) Where bank unequivocally stated Drawee of check is not a transferee of title; 309 (Mich.) Plaintiff, who took up, on dis- Plaintiff, who took up notes which he and 85 (Iowa) In view of Code Supp. 1913, §§ 87 (Iowa) Where bank agreed to pay check (C) Assignment or Sale. return of this certificate properly indorsed," is (D) Bona Fide Purchasers. 339 (Mich.) Indorsee of note, bearing evi- 378 (Mich.) Where note was attached to VIII. ACTIONS. Agreement to forbear suit on notes until 489(5) (Neb.) If a general allegation of Defendant coal company's agreement to em- for forbearance to sue.-Id. 497 (5) (Mich.) The procuring of signa- Mining company having defense to notes that |