PERSONAL PROPERTY. See POSSESSION; STATUTE, 14; TAXATION, 1-3. PETITION. See COURT (PROBATE) 5; INCOMPEIENT, 2; WILL, 6. PHOTOGRAPH. See COSTS, 6; EVIDENCE, 11; TRIAL, 1. PHYSICIAN AND SURGEON. See EVIDENCE, 17. FEES OF STATE BOARD OF MEDICAL EXAMINERS. 1. License fees received by the secretary and treasurer of the State Board of Medical Examiners under Laws 1905, c. 236, (G. S. 1913, §§ 4973, 4974), and R. L. 1905, §§ 2302, 2303, held properly retained by the board, notwithstanding R. L. 1905, § 66, requiring executive officers to pay into the state treasury all fees and charges received by them, except when otherwise expressly provided by law. -State v. Fullerton, 151. MEDICAL SOCIETY-TRIAL OF MEMBER. 2. The Hennepin County Medical Society, a voluntary association of physicians and surgeons, the by-laws of which provide for the trial of a member for a criminal offense or for misconduct, and provide a penalty by discipline or expulsion, may try a member for acts which were necessarily involved in a criminal charge, tried in the district court, and of which the member was acquitted. -Miller v. Hennepin County Medical Society, 314. MALPRACTICE. See WITNESS, 3. 3. In this, an action for malpractice, it is held, there was evidence, sufficient to take the case to the jury, tending to show that certain operations performed by defendant ought not to have been performed at the time they were and under the conditions that then existed. -Swadner v. Schefcik, 269. See CORPORATION, 4; CRIMINAL LAW, 2; DAMAGES, 13; DRAIN, 6; EQUITY, 1; JUDGMENT, 1; MASTER AND SERVANT, 27. PLEADING Continued. 1. The objection that a complaint does not state a cause of action against defendants may be raised prior to judgment. -Milton Dairy Co. v. Great Northern Railway Co. 243. ALLEGATION IN THE ALTERNATIVE. 2. In an action for conversion of personal property, an allegation in the alternative that one or the other of two defendants converted the goods, but which one plaintiff is unable to determine, states no cause of action against either defendant. -Casey Pure Milk Co. v. Booth Fisheries Co. 117. MOTION FOR MORE SPECIFIC ALLEGATION. 3. The proper practice, where a general allegation of permanent injury resulting from an assault and battery is deemed insufficient, is to move the court for more specific allegations. -Evertson v. McKay, 260. 4. Where defendant permits the complaint to remain unchallenged when its allegations are not sufficiently specific, he must be deemed to have waived the objection that it does not definitely point out the nature of the injury for which damage is sought. -Evertson v. McKay, 263. PLEADING AND PROOF. See BROKER, 3. See CORPORATION, 4; EJECTMENT; REPLEVIN, 1. REPLY. See SALE, 3. 5. Where the proceedings by which jurisdiction of a defendant was acquired are a part of the record in the case, it is not necessary to allege in the reply that these proceedings have been taken, to have the court take notice of them. As it was not necessary to allege that the proceedings had been taken, the point that the reply merely states a conclusion of law is not well taken. -Bond v. Pennsylvania Railroad Co. 197, 198. JUDGMENT ON THE PLEADINGS. See EJECTMENT. POPULATION. See STATUTE, 1–3. POSSESSION. See ADVERSE POSSESSION, 1, 2; BAILMENT, 2; Deed, 2; EJECT- MENT. When and under what circumstances, if at all, the owner using no more -Evertson v. McKay, 261. POWER OF APPOINTMENT. See TAXATION, 16, 17. PREFERENCE. See ATTACHMENT. PRESUMPTION. See CONSTITUTION, 1; COURT (PROBATE) 2, 4; INCOMPETENT, PRINCIPAL AND AGENT. See BROKER, 1, 2. UNDISCLOSED PRINCIPAL. 1. Plaintiff, being a party to the contract to sell a transfer business and not -Holliston v. Ernston, 49. 2. If an agent contracts in his own name without disclosing his principal, PRINCIPAL AND SURETY. See INJUNCTION, 2. RELEASE OF SURETY. See BILLS AND NOTES; GUARANTY, 1. PROPERTY. A membership in the Duluth Board of Trade is property. -State v. McPhail, 398. PROXIMATE CAUSE. See APPEAL AND ERROR, 8; MASTER AND SERVANT, 8, 9, PUBLIC LAND. See EMINENT DOMAIN, 2-6. SALE OF PUBLIC SCHOOL LAND. The obvious purpose of the constitutional restriction (art. 8, § 2) that “no -Independent School District of Virginia v. State, 278. PUBLIC POLICY. See ADOPTION, 3; CONSTITUTION, 2; INSURANCE, 6. RAILROAD AND WAREHOUSE COMMISSION. See Railway, 1, 2. RAILWAY. See EVIDENCE, 21; MASTER AND SERVANT, 7, 8, 11; TRIAL, 2. POWERS OF RAILROAD COMMISSION. 1. The Railroad and Warehouse Commission has authority in a proper case —Railroad and Warehouse Commission v. Great Northern Railway 2. Where defendant has failed to stop its trains before passing a junction -Railroad and Warehouse Commission v. Great Northern Railway WHEN A STREET RAILWAY IS A COMMERCIAL RAILWAY. 3. A railway company which carries no passengers from street to street RAILWAY-Continued. within a city, but, with the city as a termius, operates from place to -Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. EXTENSION OF STREET. 4. The entire cost and expense of extending the new street across the right -Chicago, Milwaukee & St. Paul Railway Co. v. Village of Le Roy, STOPPING TRAIN AT JUNCTION. See RAILWAY, 2. CONTRACT WITH RAILWAY ULTRA VIRES. See MUNICIPAL CORPORATION, 6, 7. POWERLESS TO AID RAILWAY COMPANY. See MUNICIPAL CORPORATION, 21. LESSOR LIABLE FOR INJURY TO LESSEE'S SERVANT. 5. Defendant, over whose track the train was being operated by another -Campbell v. Canadian Northern Railway Co. 245. DUTY TO PASSENGER'S COMPANION. See CARRIER, 7-10. ACCIDENT AT GRADE CROSSING. 6. A railway grade crossing is a place of danger, and the track itself a |