his cotenant, conveying in fee by metes and bounds a part of the common estate, or he may ratify the act.-Pellow v. Arctic Mining Co. (Mich.) 918. $35. One tenant in common held to have ratified deeds executed by his cotenant.-Pellow v. Arctic Mining Co. (Mich.) 918. TENDER. Affecting liability for costs, see Costs, § 238. Evidence of tender of other payment in action by purchaser to recover payment made, see Vendor and Purchaser, § 341. Of accrual of legacy, inheritance, and transfer taxes, see Taxation, § 887. Of accrual of right of action within statute of limitations, see Limitation of Actions, § 55. Of expiration of term of imprisonment, see Period requisite for acquisition of rights by Criminal Law, § 1216. adverse possession, see Adverse Possession, $ 41. Time of taking effect of receiver's deed, see Receivers, § 144. For particular acts in or incidental to judicial proceedings. Appeal or other proceeding for review, see Appeal and Error, § 338. Of consideration as condition precedent to vacation of conveyance by incompetent, see In-Application for mandamus, see Mandamus, § sane Persons, § 66. Of mortgage indebtedness, see Mortgages, 8 605. Of payment by purchaser as condition precedent to recovery of previous payment, see Vendor and Purchaser, § 339. § 13. A deposit with bankers held an insufficient tender.-Erickson v. Thelin (S. D.) 598. 143. Application for sale of property of decedent, see Executors and Administrators, § 334. Motion or application for change of venue, see Venue, § 61. Motion or application to dismiss appeal or writ Motion or application to open or vacate judgof error, see Appeal and Error, & 797. ment, see Judgment, § 153. Notice to redeem from tax sale, see Taxation, § 707. Objection to evidence, see Trial. § 76. Presentation, allowance, and filing of bill of exceptions, see Exceptions, Bill of, § 40. Redemption from tax sale, see Taxation, § 699. Settlement of case or statement of facts for review, see Appeal and Error, § 567. For particular acts not judicial. Application for issuance of tax deed, see Taxation, 749. Filing claim or statement of mechanic's lien, see Mechanics' Liens, § 132. Notice of buyer's claim for deduction from price, see Sales, § 188. Acquired by purchaser from receiver of corporation, see Corporations, § 560. Color of title, see Adverse Possession, §§ 41, 68. Conclusiveness of judgment as to title or claim to property in general, see Judgment, § 743. Of heirs or distributees, see Descent and Distribution. § 75. Of receiver, see Receivers, § 77. Of vendor, sufficiency to support contract of sale, see Vendor and Purchaser, §§ 133-144 Removal of cloud, see Quieting Title. Tax titles, see Taxation, § 734. To lost goods, see Finding Lost Goods. To property insured, promissory warranties, covenants, or conditions subsequent, see Insurance, § 328. Particular matters affecting title. See Adverse Possession: Dedication; Deeds; Descent and Distribution; Eminent Domain, § 317; Mortgages. Estoppel by failure to assert title, see Estoppel, § 70. Loss of goods, see Finding Lost Goods. For carriage of passengers, see Carriers, § 251. Sale of personal property in general, see Sales. See Logs and Logging. TIMBER. TIME. Computation of period of limitation, see Limitation of Actions, §§ 55-127. Sale of real property in general, see Vendor and Purchaser. Particular species of property or rights. See Bills and Notes, § 330; Trade-Marks and Trade-Names, § 28. Personal property in general, see Sales, §§ 201206. Public office, see Officers, § 80. Title necessary to maintain particular actions. | IV. FISCAL MANAGEMENT, PUBLIC TORTS. Action for distinguished from action on contract, see Action, §§ 27, 28. Liabilities of particular classes of persons. See Carriers, 88 99, 132, 133, 147-158, 280322; Municipal Corporations, §§ 763-822; Railroads, §§ 348-484. Chauffeurs, see Highways, § 184. Children, see Parent and Child, § 13. Counties, for injuries from defects or obstructions in highways, see Highways, §§ 196-211. Employers, for injuries to employés, see Master and Servant, §§ 88-297. Employers, for injuries to third persons, see Master and Servant, §§ 302-316. Telegraph or telephone companies, see Telegraphs and Telephones, § 45. Liabilities respecting particular species of property or instrumentalities. See Railroads, §§ 348-350, 360-400, 443, 457484; Telegraphs and Telephones, § 45. Automobiles, see Highways, § 184; Municipal Corporations, § 706. Carrier's premises, see Carriers, § 286. Streets and highways, see Highways, §§ 196 211; Municipal Corporations, §§ 763-822. Tools, machinery, appliances, and places for work, see Master and Servant, §§ 101-129. Particular torts. See Fraud; Libel and Slander; Malicious Prosecution; Nuisance; Rape, $ 66; Trespass; Waste. Causing death, see Death, §§ 31-103. Civil damages from sale of liquor, see Intoxicating Liquors, §§ 312-316. Delay in transportation or delivery of goods, see Carriers, § 99. Injuries by servants, see Master and Servant, §§ 302-316. Injuries from defects or obstructions in highways, see Highways, §§ 196-211. Injuries from defects or obstructions in streets see Municipal Corporations, §§ 763-822. Injuries from negligence, see Negligence. Injuries from negligent or wrongful use of highway, see Highways, § 181. Injuries from negligent or wrongful use of street, see Municipal Corporations, § 706. Injuries from operation of railroads, see Railroads, §§ 348-350, 360-400, 443, 457-484. Injuries to passengers, see Carriers, §§ 280322; Master and Servant, §§ 88-297. Loss of or injury to goods by carrier, see Carriers, §§ 132, 133, 147-158. Wrongful conversion, see Trover and Conver sion. Remedies for torts. (A) What Constitutes Infringement. $ 55. Use of trade-name, after notice of plaintiff's prior rights therein, held presumptively fraudulent.-Northwestern Knitting Co. v. Garon (Minn.) 288. (B) What Competition Unlawful. $ 70. Use of similar trade-name by defendant held likely to deceive the public and prejudice the rights of plaintiff.-Northwestern Knitting Co. v. Garon (Minn.) 288. § 71. In action to enjoin violation of tradename, evidence held to show that the product of both parties is of the same general class.Northwestern Knitting Co. v. Garon (Minn.) 288. (C) Actions. § 81. "Trade-name" defined. Northwestern Knitting Co. v. Garon (Minn.) 288. § 93. On the use by defendant of a tradename similar to that used by plaintiff for 15 years, fraud is presumed, and need not be affirmatively shown.-Northwestern Knitting Co. v. Garon (Minn.) 288. TRAINING SCHOOLS. See Damages; Trespass, 88 44-46; Trover and Authority to establish manual training schools, Conversion, §§ 40-52. Joinder of tort-feasors, see Parties, § 31. Liability of parent for negligence of child, see Parent and Child, § 13. Limitation of actions, see Limitation of Actions, § 55. Waiver of tort and action on contract, see Action, § 28. TOWNS. See Counties; Municipal Corporations; Schools and School Districts, §§ 12-159. Highways, see Highways. III. PROPERTY, CONTRACTS, AND LIABILITIES. see Schools and School Districts, § 67. Charitable gift for manual training school, see Charities, §§ 4, 12, 20, 36, 38. Payment for tuition in manual training school, see Schools and School Districts, § 159. TRAINS. See Carriers; Railroads. TRANSCRIPTS. As evidence, see Criminal Law, § 430. Of record for purpose of review, see Justices of the Peace, § 164. TRANSFER OF CAUSES. Injuries from defects or obstructions in high- Change of venue, see Criminal Law, § 121; ways, see Highways, §§ 196-211. Venue, §§ 42-61. Of bills and notes, see Bills and Notes, §§ 313330. Of bills of lading, or shipping receipts, see Car- Of exempt property, see Homestead, § 133. Of mortgaged property or of equity of redemp- Of real property as security, see Mortgages. (C) Evidence. a horse, burden of proof held to be on plaintiff § 44. In an action for damage for the loss of to establish that the damage was the proximate result of defendant's act.-Joslin v. Linder (S. D.) 500. § 46. In an action for the loss of a horse, evidence held insufficient to show that removal of a fence was the proximate cause of the loss. -Joslin v. Linder (S. D.) 500. TRESPASS TO TRY TITLE. See Ejectment. TRIAL. Of title as between parties to sale, see Sales, of right of property garnished, see Garnish §§ 201-206. TRANSFER TAX. See Taxation, §§ 856-895. TRANSITORY ACTIONS. Jurisdiction of courts, see Courts, § 7. TRANSMISSION. ment, §§ 216-218. Witnesses, see Witnesses. Proceedings incident to trials. See Continuance; New Trial. Competency of and challenge to jurors, see Entry of judgment after trial of issues, see Examination of witnesses, see Witnesses, §i Of record on appeal or other proceeding for re- Impaneling jury, see Jury, § 149. view, see Appeal and Error, § 633. TRANSPORTATION. Of animals, see Carriers, §§ 227-230. Of goods regulation of commerce, see Com- Of passengers, see Carriers, §§ 239-322. TRAVELERS. On highways in general, see Highways, & 184. On highways, injuries from defects or obstruc tions, see Highways, §§ 196-211. On streets in general, see Municipal Corporations, 706. On streets, injuries from defects or obstructions, see Municipal Corporations, §§ 763-822. TRAVELING SALESMEN. Acceptance of orders by traveling salesman of foreign corporation, see Corporations, § 410. TRAVERSE. In pleading in general, see Pleading, § 129. See Finding Lost Goods. TREES. See Logs and Logging. Accrual of action against electric light company for trimming fruit trees, see Limitation of Actions, § 55. Liability of electric light company for trimming shade trees, see Electricity, § 6. TRESPASS. Injuries to trespassers, see Railroads, §§ 360400. To the person, see Assault and Battery. II. ACTIONS. Joinder of causes of action, see Action, § 48. Place of trial, see Venue. Right to trial by jury, see Jury, § 11. Trial of actions by or against particular classes of persons. See Carriers, §§ 230, 320-322; Master and Servant, 88 285-297; Railroads, §§ 350, 400, 484. Insurance companies, see Insurance, § 668. Trial of particular civil actions or proceedings. By owner of property taken for public use, see For causing death, see Death, § 103. For fraud, see Fraud, § 65. For injuries at railroad crossings, see Rail- For injuries from fires caused by operation of For injuries from negligence, see Negligence, $8 136-142. For injuries from negligent or wrongful use of highway, see Highways, § 184. For injuries from sale of liquor, see Intoxicating Liquors, § 316. For injuries to passengers, see Carriers, §§ 320322. For injuries to persons on or near railroad tracks, see Railroads, § 400. For loss of or injury to live stock in course of transportation, see Carriers, § 230. For price or value of goods sold, see Sales, § 363. For rape, see Rape, § 66. On firm debt after dissolution of partnership, see Partnership, § 296. Probate proceedings and actions relating to wills or probate, see Wills, §§ 324-332. To recover deposits, see Banks and Banking, § 154. Trial of right of property, see Garnishment, §§ 216-218. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER I. NOTICE OF TRIAL AND PRELIMINARY PROCEEDINGS. (B) Order of Proof, Rebuttal, and Reopening Case. 681-686. In criminal prosecutions, see Criminal Law, §§ Proof of facts preliminary to introduction of secondary evidence, see Evidence, § 183. $68. In a controversy over the distribution mony after the parties had rested held within the legal discretion of the court.-In re Carroll's Estate (Iowa) 929. In criminal prosecutions, see Criminal Law, § of an estate, the admission of additional testi 628. § 4. The court, in an action for a personal injury and to set aside a release therefor on the ground of incompetency to contract, may in its discretion try the question of the validity of the release first and separately.-Charron v. Northwestern Fuel Co. (Wis.) 75. III. COURSE AND CONDUCT OF Review of discretion of court, see Appeal and Review of proceedings as dependent on presentation of question in record, see Appeal and Error, & 688. Review of rulings involving discretion of lower court, see Appeal and Error, § 969. (C) Objections, Motions to Strike Out, and Exceptions. In criminal prosecutions, see Criminal Law, § 696. Objections to evidence on ground of insufficiency of pleading, see Pleading, § 428. § 76. An improper question asked a witness must be objected to before answer.-Smith v. Chicago, M. & St. P. Ry. Co. (S. D.) 815. $ 79. Where a chart offered in evidence was objected to and objection was overruled, objection was not waived by permitting witness to be examined with reference to it without further objection.-Erdman v. Watab Rapids Power Co. (Minn.) 454. $ 19. It was not error for the trial judge to leave the bench, and go to an adjoining room § 82. The object of an objection to evidence is during the argument, where he was at all times to enable the court to rule intelligently thereon. within hearing of the proceedings.-Poe v. Arch-Paine v. Crane (Minn.) 574. (S. D.) 166. § 29. Where the court stated to the jury that a certain witness had testified that the testator's age was 95, it was not an opinion, but a restatement of evidence already before the jury. -In re Walker's Will (Iowa) 386. § 29. A statement of the court on ruling on an objection to testimony held reversible error. -Jageriskey v. Detroit Ünited Ry. (Mich.) 726. § 29. It is improper for a trial judge either by remarks to counsel or by his charge to indicate prejudice in favor of one party or the other.-Schwanz v. Wujek (Mich.) 731. § 29. In assumpsit a remark of the court held not erroneous.-Weaver v. Murray (Mich.) 1088. Review of determination of questions preliminary to the admission of evidence, see Appeal and Error, § 992. § 33. The court, first and separately trying the question of the validity of a release of a claim for damages for a personal injury, should admit all competent evidence bearing on the question, though it also bears on the right to recover for the injuries.-Charron v. Northwestern Fuel Co. (Wis.) 75. § 39. The statement of an account of the cost of reconstruction of several pieces of defective sidewalk held not received in evidence.A. M. Campau Realty Co. v. Lenhardt (Mich.) 1078. § 83. A general objection to the introduction of a book of ordinances held not sufficient to raise the question as to whether it purports to be published by authority.-Christensen v. Tate (Neb.) 622. § 83. An objection to evidence that it is incompetent, without stating in what its incompetency consists, is insufficient.-H. C. Behrens Lumber Co. v. Lager (S. D.) 698. § 89. Striking evidence of a matter not in issue held not error.-Bradbury v. Chicago, R. I. & P. Ry. Co. (Iowa) 1. 889. Where an answer is not responsive to a proper question, the remedy is by motion to strike it out.-H. C. Behrens Lumber Co. v. Lager (S. D.) 698. $90. Reception of an answer to a question, though not responsive, held proper in the_absence of a motion to strike.-In re Du Bois (Mich.) 1092. § 90. A party objecting to an answer because not responsive to a proper question asked the witness must move to strike out the answer.— Smith v. Chicago, M. & St. P. Ry. Co. (S. D.) 815. § 91. A motion to strike certain evidence held unsustainable, where no objection was made to the questions by which it was elicited.Theresa Village Mut. Fire Ins. Co. v. Wisconsin Cent. Ry. Co. (Wis.) 103. V. ARGUMENTS AND CONDUCT OF COUNSEL. In criminal prosecutions, see Criminal Law, $$ 706-730. Review of proceedings as dependent on prejudicial nature of error, see Appeal and Error, § 1060. Review of proceedings as dependent on presen tation of question in record, see Appeal and Error, 688. § 110. A mistake of counsel in describing the contents of the record of a deed was immaterial, where the record offered tended to estab § 56. A witness having testified that an al-lish the title it was offered to support.-Redleged defective car was in good condition at the time horses were shipped in it, his opinion as to what was a reasonably safe car held immaterial.-Stone v. Chicago, R. I. & P. R. Co. (Iowa) 354. water Land & Canal Co. v. Reed (S. D.) 702. § 120. In action for rape, reference by plaintiff's counsel to evidence of a witness for de fendant given on a former trial held not ground for reversal.-Smith v. Hendrix (Iowa) 360. VI. TAKING CASE OR QUESTION FROM JURY. both, when it is shown which is the proper basis of liability, the court should take the other from the jury or dismiss the action in respect thereto. In criminal prosecutions, see Criminal Law, $8-Astin v. Chicago, M. & St. P. R. Co. (Wis.) 736-761. Review of rulings as dependent on prejudicial nature of error, see Appeal and Error, §§ 1061, 1062. (A) Questions of Law or of Fact in General. Judgment on demurrer to defenses and withdrawal of other defenses, see Pleading, § 224. As to particular facts, issues, or subjects. Assumption of risk by servant injured, see Master and Servant, § 288. Construction of contract, see Contracts, § 176. Contributory negligence of servant injured, see Master and Servant, § 289. Negligence of master causing injury to servant, see Master and Servant, § 286. Validity of release, see Release, § 58. In particular civil actions or proceedings. For causing death, see Death, § 103. For delay in transportation or delivery of live stock, see Carriers, § 230. 265. 145. Where the complaint in a negligence action sets forth in separate counts misconduct constituting ordinary negligence and gross negligence, and the evidence sustains only one cause, the court should submit only the case made.Haverlund v. Chicago, St. P., M. & O. Ry. Co. (Wis.) 273. 753. (D) Direction of Verdict. In action for services, see Work and Labor, § 30. In criminal prosecutions, see Criminal Law, § Review of rulings as dependent on prejudicial nature of error, see Appeal and Error, § 1061. § 169. Where plaintiff's evidence was all that was introduced, it was error to direct a verdict for defendant.-Schwartz v. Hendrickson (N. D.) 117. § 169. That the complaint fails to state a direct a verdict for defendant.-Morris v. Brad For injuries at railroad crossings, see Rail-cause of action affords no ground for motion to roads, 350. For injuries from defects or obstructions in street, see Municipal Corporations, § 821. For injuries from fires caused by operation of railroads, see Railroads, § 484. For injuries from negligence, see Negligence, § 136. For injuries from negligent or wrongful use of highway, see Highways, $ 184. ley (N. D.) 118. § 170. Where plaintiff proved his case, and no testimony was offered by defendant, it was error to deny plaintiff's motion for a directed verdict.-Schwartz v. Hendrickson (N. D.) 117. rected verdict, the issues were taken from the $177. Where both parties moved for a di For injuries from sale of liquor, see Intoxi-jury.-Bower v. Jones (S. D.) 470. cating Liquors, § 316. For injuries to passengers, see Carriers, § 320. VII. INSTRUCTIONS TO JURY. For injuries to persons on or near railroad tracks, see Railroads, § 400. For injuries to servants, see Master and Serv- For loss of or injury to live stock in course of 363. Negligence of city in protecting street excavation, see Municipal Corporations, § 821. On insurance policies, see Insurance, § 668. Probate proceedings and actions relating to wills or probate, see Wills, § 324. § 139. It is not error to refuse to submit to the jury a defense of equitable estoppel, where the evidence fails to sustain a material element of that defense.-Judson v. Creighton (Neb.) 651. § 139. It is for the jury to determine the probative force of evidence, whether direct or circumstantial.-Jones v. Chicago, M. & St. P. Ry. Co. (S. D.) 323. § 141. In an action for malicious prosecution, the submission to the jury of the single question of damages held proper under the evidence.-Kryszke v. Kamin (Mich.) 190. § 141. Evidence held to sustain a finding that the time of payment of a mortgage note was extended by the holder upon a valid consideration.-Sime v. Lewis (Minn.) 468. $143. In an action on a firm debt, the court held not authorized to direct a verdict for the full amount of the claim.-Paxton & Gallagher Co. v. Starkweather (S. D.) 479. § 143. Where the complaint in a negligence action sets forth in separate counts misconduct constituting ordinary negligence and gross negligence, the court held required to submit to the jury the issue as to which cause of action is sustained by the evidence.-Haverlund v. Chicago, St. P., M. & O. Ry. Co. (Wis.) 273. § 145. Where one injured in his person or property by wrongful conduct of another is uncertain whether such conduct is characterized by ordinary or gross negligence and sues for In criminal prosecutions, see Criminal Law, §§ 770-829. Review as dependent on motion for new trial, Review as dependent on prejudicial nature of see Appeal and Error, § 292. Review as dependent on presentation of queserror, see Appeal and Error, §§ 1064-1068. tion in lower court, see Appeal and Error, § 216. Review as dependent on specification in assignReview as dependent on taking of exceptions in ment of errors, see Appeal and Error, § 730. lower court, see Appeal and Error, § 263. Review. technical error, see Appeal and Error, § 1170. Bar of statute of limitations, see Limitation of As to particular issues or subjects. Actions, § 200. Fraud, see Fraud, § 65. Negligence of master causing injuries to servant, see Master and Servant, § 293. In particular civil actions or proceedings. For breach of warranty of goods sold, see Sales, § 446. For delay in transportation or delivery of live stock, see Carriers, § 230. For fraud, see Fraud, § 65. For injuries from defects or obstructions in streets, see Municipal Corporations, § 822. For injuries to passengers, see Carriers, § 321. For injuries to servants, see Master and ServFor loss of or injury to live stock in course of ant, § 293. transportation, see Carriers, § 230. Probate proceedings and actions relating to wills or probate, see Wills, §§ 329-332. (A) Province of Court and Jury in Gen eral. In criminal prosecutions, see Criminal Law, § 761. (B) Necessity and Subject-Matter. § 203. Proper practice stated as to instructions, where one injured in his person or prop |