ABANDONMENT.

Of homestead, see "Homestead," § 3.

ABATEMENT.

Of nuisance, see "Intoxicating Liquors," § 6.

ABATEMENT AND REVIVAL.

Election of remedy, see "Election of Remedies."
Judgment as bar to another action, see "Judg-
ment," § 9.

Revival of judgment, see "Judgment," § 12.
Right of action by or against personal repre-
sentative, see "Executors and Administra-
tors," § 5.

1. Death of party and revival of ac-
tion.

ACCOMPLICES.

Testimony, see "Criminal Law," § 6.

ACCORD AND SATISFACTION.

See "Compromise and Settlement"; "Pay-
ment"; "Release."

There can be no accord and satisfaction of
a disputed claim, unless something of value
has been received in full payment thereof.-
Ness v. Minnesota & Colorado Co. (Minn.) 333.

Where payment of a sum admitted to be due
for work and labor, and for money paid out,
is made on condition that the creditor receipts
in full for all demands, such receipt is without
consideration.-Ness v. Minnesota & Colorado
Co. (Minn.) 333.

Limitation by statute, see "Limitation of Ac-
tions."

Malicious actions, see "Malicious Prosecution."
Review of proceedings, see "Appeal and Er-
ror"; "Certiorari"; "Judgment," § 6; "Jus-
tices of the Peace," § 4; "New Trial."
Survival, see "Abatement and Revival," § 1.
Actions between parties in particular relations.
See "Landlord and Tenant"; "Master and Serv-
ant." § 6.

Co-tenants, see "Partition."

Actions by or against particular classes of

parties.

See "Associations"; "Brokers," § 4; "Carriers,"
$8 2, 3; "Corporations," § 5; "Executors and
Administrators," § 5; "Husband and Wife,"
§ 4; "Infants," § 1; "Insane Persons," § 1;
"Master and Servant," § 10; "Municipal Cor-
porations," §§ 9, 11; "Partnership," § 1;
"Principal and Agent," § 1.
Bailees for hire, see "Bailments."
Banks, see "Banks and Banking," § 2.
Foreign corporations, see "Corporations," § 7.
Heirs, see "Descent and Distribution," § 1.
Mortgagees, see "Chattel Mortgages," § 2.
Stockholders, see "Corporations," § 3.
Sureties on trustees' bond, see "Trusts," § 3.
Taxpayers, see "Municipal Corporations," § 10.
Trustees in bankruptcy, see "Bankruptcy," § 3.
Actions relating to particular species of property
See "Fixtures."

or estates.

Particular causes or grounds of action.
See "Bills and Notes," $5; "False Imprison-
ment," § 1; "Forcible Entry and Detainer," §
1; "Fraud," § 1; "Insurance," §§ 13, 18;
"Judgment," § 13; "Libel and Slander," § 3;
"Malicious Prosecution," § 3; "Negligence," §
2; "Nuisance," § 1; "Subscriptions"; "Tax-
ation,' § 5; "Torts"; "Trover and Conver-
sion," § 2.

Abuse of process, see "Process," § 3.
Appeal bond, see "Appeal and Error," § 23.
Breach of contract, see "Contracts," § 5;
"Sales," §§ 7, 8.

Breach of covenant, see "Covenants," § 3.

Particular forms of special relief.
See "Creditors' Suit"; "Divorce"; "Injunction";
"Interpleader"; "Quieting Title"; "Specific
Performance."

Alimony, see "Divorce," § 3.

Cancellation of deed, see "Deeds," § 1.
Confirmation of tax title, see "Taxation," § 8.
Determination of adverse claims to real prop-
Establishment of boundaries, see "Boundaries,”
erty, see "Quieting Title."
§ 2.

Establishment of drains, see "Drains," § 1.
Foreclosure of mortgage, see "Chattel Mort-
gages," § 4; "Mortgages," §§ 6-11.
Reformation of written instrument, see "Refor-
Foreclosure of tax lien, see "Taxation," § 6.
mation of Instruments."

Removal of cloud on title, see "Quieting Title.”
Rescission of insurance policy, see "Insurance,"
§ 5.

Setting aside fraudulent

conveyance,
"Fraudulent Conveyances," § 3.
Setting aside will, see "Wills," § 3.
Trial of tax title, see "Taxation," § 8.

see

Particular proceedings in actions.
See "Continuance"; "Costs"; "Damages";
"Depositions"; "Evidence"; "Execution"
"Judgment"; "Judicial Sales"; "Jury"; "Lim-
itation of Actions"; "Motions"; "Parties";
"Pleading"; "Process"; "Stipulations";
Bill of particulars, see "Pleading," § 6.
"Trial"; "Venue."
Default, see "Judgment," § 3.

Notice of action, see "Process," § 2.
Revival of judgment, see "Judgment," § 12.
Verdict, see "Trial,” § 11.

Particular remedies in or incident to actions.
See "Attachment"; "Garnishment"; "Injunc-
tion"; "Receivers."

Proceedings in exercise of special jurisdictions.
Criminal prosecutions, see "Criminal Law."
Suits in equity, see "Equity."
Suits in justices' courts, see "Justices of the
Peace," § 3.

1. Nature and form.

A proceeding in quo warranto, under Rev. St.

Marriage Promise."

Breach of warranty, see "Sales," § 8.
Change of highway, see "Highways," § 1.
Civil damages for sale of liquors, see "Intoxi-
cating Liquors," § 7.

Compensation, see "Brokers," § 4.
Conversion of mortgaged goods, see "Chattel
Mortgages," § 2.
see "Husband and

Criminal conversation,
Wife," § 5.

Enforcement of claim against ward's estate, see
"Guardian and Ward," § 1.

Enforcement of homestead rights, see "Home-
stead," § 4.

Indemnity, see "Indemnity.".

Injuries to animals, see "Railroads," § 1.
Loss of mail, see "Post Office," § 1.
Lost instruments, see "Lost Instruments."
Medical services, see "Physicians and Sur-
geons."

Personal injuries, see "Bridges," & 2; "Car-
riers," § 3; "Highways," § 2; "Master and
Servant," $ 7; "Municipal Corporations," §
9; "Railroads," § 1; "Street Railroads," § 2.
Price of goods, see "Sales," § 7.

Recovery of payment, see "Payment." § 2.
Recovery of tax paid, see "Taxation," § 4.
Rent, see "Landlord and Tenant," § 7.
Trustees' bonds, see "Trusts," § 3.
Wrongful execution, see "Execution," § 4.
Wrongful use of streets, see "Municipal Corpo-
rations," § 8.

Particular forms of action.

to hold the office of county superintendent, by
the state, on the relation of a resident and tax-
payer, is in the nature of a civil action.-For-
dyce v. State (Wis.) 430; State v. Fordyce, Id.
§ 2. Joinder, splitting, consolidation,
and severance.

That two several contracts with different
persons are for the same service will not au-
thorize joinder of causes of action against
such persons on their several contracts.—
Stewart v. Rosengren (Neb.) 586.

Under Rev. St. 1898, § 2647, an action against
a vendor for breach of covenant of seizure may
be joined with an action against him for false
representations in the sale.-Koepke v. Winter-
field (Wis.) 437.

ADEQUATE REMEDY AT LAW.

Adequacy of ordinary legal remedies as ground
for denying mandamus, see "Mandamus," § 1.
Effect on jurisdiction of equity, see "Creditors'
Suit"; "Equity," § 1; "Injunction," § 1.

ADJOINING LANDOWNERS.

See "Boundaries."

ADJUDICATION.

Of courts in general, see "Courts," § 1.

"Judgment," §§ 9, 10.

ADJUSTMENT.

Where there is no evidence as to when an
entryman became entitled to his patent, it is

mine when possession of the land became ad-
verse.-Baty v. Elrod (Neb.) 1032.

ADVERTISEMENT.

Publication of process, see "Process," § 2.

ADVICE OF COUNSEL.

Ground for prosecution, see "Malicious Prose-
cution," § 1.

AFFIDAVITS.

See "Depositions."

In particular proceedings.

See "Execution," § 2.

In pleading, see "Pleading," § 2.

ADVERSE CLAIM.

To real property, see "Quieting Title."

ADVERSE POSSESSION.

See "Limitation of Actions."

For continuance of action, see "Continuance."
For service of summons, see "Process," § 2.
On appeal from justice's court, see "Justices of
the l'eace," § 4.

On application for default judgment, see "Judg-
ment," § 3.

An affidavit taken before a notary of a sis-
ter state held properly received in support of
a motion in the courts of this state.-Browne
v. Palmer (Neb.) 315.

§ 1. Nature and requisites.

Evidence held sufficient to establish defend-
ant's claim to certain land by adverse posses-
sion.-Hohl v. Osborne (Iowa) 697.

Evidence of adverse possession held sufficient
to sustain conclusion of law that plaintiff was
the owner of land sued for.-Diers v. Ward
(Minn.) 402.

Under Rev. St. U. S. § 1750 [U. S. Comp.
notary public, within the meaning of Code Civ.
Proc. 371, 375.-Browne v. Palmer (Neb.)
315.

AGENCY.

See "Principal and Agent."

AGREEMENT.

See "Contracts."

AGRICULTURE.

Possession may be adverse, though the claim-
ant occupies under a mistaken belief that the
land is actually part of another tract.-Baty v.
Elrod (Neb.) 1032.

§ 2. Operation and effect.

In a proceeding to assess damages for the
construction of a highway, where defendant
had title by adverse possession, the fact that
he did not have record title was immaterial.
-Hohl v. Osborne (Iowa) 697.

3. Pleading, evidence, trial, and re-
view.

In an action involving the title to realty,
evidence considered, and held insufficient to
sustain a jury finding of 15 years' adverse pos-
session on the part of plaintiff.-Glover v. Sage
(Minn.) 471.

§ 2.

By contract with state agricultural society,
plaintiff held to acquire a mere privilege, on
the conditions named in the license, and not
any interest in the real estate.-Mackay v.
Minnesota State Agricultural Soc. (Minn.) 539.

A privilege to conduct a show on the state
fair grounds held subject to cancellation on a
violation by the licensee of the contract.—
Mackay v. Minnesota State Agricultural Soc.
(Minn.) 539.

show on the state fair grounds was revoked
Where the privilege granted to conduct a
because the terms of the privilege were will-
fully broken by the licensee, he is without
remedy.-Mackay v. Minnesota State Agri-
cultural Soc. (Minn.) 539.

ALIENATION.

Suspension of power of alienation of property,
see "Perpetuities.'

ALIMONY.

See "Divorce," § 3.
Liability for, as enforceable against homestead,
see "Homestead," § 1.

ALTERATION.

Of geographical or political divisions, see
"Schools and School Districts," § L
Of highways, see "Highways," § 1.

ALTERATION OF INSTRUMENTS.

See "Reformation of Instruments."

In an action for money laid out and ex-
pended for defendants on a note on which they
were sureties, an instruction that a material al-
teration of the note would be available to de-
fendants only in case they were sureties, and
the plaintiff, when making the alterations, knew
that fact, was erroneous.-Ball v. Beaumont
(Neb.) 170.

Interlocutory orders will not be reviewed.—
Coleridge Creamery Co. v. Jenkins (Neb.) 123.
§ 3. Right of review.

Where, at a term subsequent to that at
which a motion for a new trial was overruled,
the unsuccessful party asked the court to ren-
der judgment on the verdict, he was not there-
by precluded from obtaining a review of al-
leged errors in the supreme court.-Carlson v.
Benton (Neb.) 600.

AMENDMENT.

4. Presentation and reservation in
lower court of grounds of review.
Where the court made no ruling on an ob-
jection to a question to a witness, the matter
will not be considered on appeal.-Garretson v.
Kinkead (Iowa) 55.

Where, in equitable action to subject wife's

Of pleading, see "Pleading," § 5.

Of statute, see "Statutes," § 4.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see "Justices of the
Peace," § 2.

See "Game."

ANIMALS.

Carriage of live stock, see "Carriers," § 2.
Description in chattel mortgage, see "Chattel
Mortgages," § 1.
Injuries from operation of railroads, see "Rail-
roads," § 1.

Taxation of mortgaged cattle, see "Taxation,"
§ 2.

ANNULMENT.

Of will, see "Wills," § 3.

ANSWER.

In pleading, see "Pleading," § 2.

APPEAL AND ERROR.

See "Certiorari"; "New Trial."

Appellate jurisdiction of particular courts, see
"Courts," § 2.

Review of proceedings of justice of the peace,
see "Justices of the Peace," § 4.

Review in special proceedings.
See "Mandamus," § 3.

Condemnation proceedings, see "Eminent Do-
main," § 3.

Election contest, see "Elections," § 3.

Review of criminal prosecutions.

See "Criminal Law," § 23; "Homicide," § 6.
§ 1. Nature and form of remedy.

Errors of law occurring at the trial of an

equity case can be reviewed only on petition
in error.-Browne v. Palmer (Neb.) 315.

A complaint that plaintiff was not permitted
to amend his petition during the trial can be re-
viewed only by petition in error.-Reiss v. Argu-
bright (Neb.) 985.

An appeal in equity is not a proceeding to
correct errors in the exclusion of evidence.-
Kinney v. Bittinger (Neb.) 1005.

§ 2. Decisions reviewable.

From an order granting a motion for a
judgment, notwithstanding the verdict, no ap-
peal lies.-Sanderson v. Northern Pac. Ry. Co.
(Minn.) 542.

wife answered to merits, heid, that she could
not claim on appeal that she had a right to
a trial by jury.-Boss v. Jordan (Iowa) 111.
Misconduct of counsel in argument should
be complained of and attempted to be corrected
Co. (Iowa) 698.
at the time.-Gorham v. Sioux City Stockyards

Rulings on admission of evidence cannot be
reviewed, in the absence of objections and ex-
ceptions, or on other objections than made
below.-McCormick v. Olbinski (Mich.) 499.

considered unless objection was made below.-
Trotter v. Tousey (Mich.) 544.

Error in the admission of evidence cannot be

Where plaintiffs think an instrument will be
misunderstood by the jury, they should call the
attention of the court to the matter; otherwise,
they cannot complain on appeal.-Rutherford
v. Simpson (Minn.) 413.

Under Laws 1901, c. 113, requests to sub-
mit an issue to the jury, and exceptions for
failure so to do, are not necessary.-Robertson
v. Burton (Minn.) 538.

A judgment will not be reversed for errors
at law, unless petition in error alleges error
in overruling motion for new trial.-Orcutt v.
McNair (Neb.) 200.

Objections not assigned in a motion for a
viewed.-Engel v. Dado (Neb.) 629.
new trial or petition in error will not be re-

viewed.-Engel v. Dado (Neb.) 629.
Instructions not excepted to will not be re-

To review proceedings on error, a motion for
new trial must be filed.-Lau v. Lindsay
(Neb.) 642.

a

Where no motion for a new trial is filed, and
the case is brought up on error, the judgment of
the lower court will be affirmed, if sustained
by the pleadings.-Lau v. Lindsay (Neb.) 642.

Where evidence is received without objection,
no question as to its admissibility can arise.-
Malone v. Garver (Neb.) 726.

tain, counsel should tender an instruction free
on review; otherwise, the error will be deemed
from defect, in order to lay basis for complaint
waived.-City of South Omaha v. Meyers (Neb.)
743.

Where an instruction is incomplete or uncer-

Where evidence to establish facts not in issue
has been admitted without objection, a party
cannot, on appeal, complain of such evidence.-
President, etc., of Insurance Co. of North Amer-
ica v. Buckstaff (Neb.) 755.

Where a note has been sustained in part,
the maker of it, who has taken no exceptions,
cannot complain of error in overruling the oth-
er part.--Curran v. Hagerman (Neb.) 1003.

To authorize a review of errors occurring at
a trial a motion for a new trial is essential in
equity as well as in law cases.-Curran v. Hag-
erman (Neb.) 1003.

The objection that there was a misjoinder
of parties plaintiff cannot be raised for the first
time on appeal.-Thompson v. Rush (Neb.)
1060.

Where a trial court submitted a question to
the jury after denying a motion to direct a
verdict, and thereafter rendered judgment for
defendant, an appeal therefrom will be treated
as though the motion to direct had been sus-
tained, and hence no motion for a new trial

was necessary.-Lovejoy v. Campbell (S. D.) 24.
An objection to the form of a question can-
not be made for the first time on appeal.-Hed-
lun v. Holy Terror Min. Co. (S. D.) 31.

§ 5. Parties.

The words "et al." following the names of
parties to a petition in error held not a suffi-
cient designation of any persons not expressly
named in the petition.-Brabham v. Custer
County (Neb.) 989.

6. Requisites and proceedings for
transfer of cause.

Though the appeal permitted by Code 1897,
§ 4101, par. 3, from an order sustaining a
demurrer with leave to amend, was not taken
within six months, an appeal within six months
of a subsequent order dismissing the petition
was timely. -Farmers' & Merchants' State
Bank v. School Tp. of Rock Creek (Iowa) 676.
The time for perfecting an appeal in equitable
actions begins to run at the date on which the
final decree is entered of record.-Ha!!
Moore (Neb.) 294.

V.

7. Effect of transfer of cause or pro-
ceedings therefor.

By the perfecting of an appeal in equity the
parties are placed in the same situation as at
the commencement of the suit.-Riley Bros.
Co. v. Melia (Neb.) 913.

§ 8. Supersedeas or stay of proceedings.
The perfecting of an appeal from decree in
equity, and filing and approval of a superse
deas bond, suspend such decree.-Riley Bros.
Co. v. Melia (Neb.) 913.

9. Record and proceedings not in rec-
ord.

Where the evidence is not in the record, it
will be presumed that the use of a word in an
instruction objected to was justified by the
evidence.-Meyer v. Standard Tel. Co. (Iowa)

720.

Where the record does not show that the
judge was asked to give his reasons for re-
fusing a new trial, or that any exceptions were
taken, a new trial will not be ordered.-Gillett
v. Burns (Mich.) 104.

On appeal from a judgment, where there is no
bill of exceptions or settled case, the only ques-
tion to be reviewed is whether the findings or
the verdict sustains the judgment.-Peach v.
Reed (Minn.) 229.

Where the court ordered judgment in plain-
tiff's favor for the amount of general and spe-
cial verdicts, the order will be presumed to be
justified by the proceedings, in the absence of a
settled case or bill of exceptions.-Eklund v.
Martin (Minn.) 406.

Where the trial court has found certain ulti-
mate facts, but has added thereto the state-
ment that, but for certain conditions, it would
have reached a different conclusion, to give
value to such qualified inference the facts to
support the same should be embraced in the
bill of exceptions, and the findings should also
contain the essential facts, or they will be dis-

In equitable actions, where duly certified
transcripts of the record in two or more cases
are included under one cover and filed in due
time, jurisdiction attaches over each case.-Hall
v. Moore (Neb.) 294.

Error must affirmatively appear, and in the
absence of a bill of exceptions the presumption
is that the judgment is sustained by sufficient
evidence.-Spargur V. Prentiss (Neb.) 300;
Prentiss v. Spargur, Id.

The original files and papers in a proceeding
are not a transcript within Code Civ. Proc.
586.-Brabham v. Custer County (Neb.) 989.

Affidavits for continuance must be embodied

in the bill of exceptions to be reviewed.-Kin-
ney v. Bittinger (Neb.) 1005.

Exclusion of records of a corporation, offered
in evidence, held not reviewable on appeal, in
the absence of a showing of the nature of the
evidence.-Hunt v. Northwestern Mortg. Trust
Co. (S. D.) 23.

Where the appeal record did not show the
ground on which evidence admissible against
one defendant was objected to by the other, its
admission will not be reviewed.-Lovejoy v.
Campbell (S. D.) 24.

It will be presumed on appeal that the find-
ings are supported by the evidence.-Reder v.
Bellemore (S. D.) 1065.

of summons, that a copy of the complaint was
Recital in an order for service by publication
annexed to the affidavit, held conclusive on
appeal.-Allen v. Richardson (S. D.) 1075.

Affidavits accompanying the record on appeal
of mandamus proceeding held not open to con-
sideration.-State v. Wolski (Wis.) 360.

Order of circuit court, affirming one of the
county court denying application for construc-
tion of a will, on the ground of a former
construction, is not reviewable, in the absence
of a bill of exceptions.-In re Eckhart's Estate
(Wis.) 363; Gollusch v. Heidemann, Id.

10. Assignment of errors.

Assignments of error, because the special
findings are inconsistent with the general ver-
dict, and because plaintiff was guilty of con-
tributory negligence, held insufficient.-Copeland
v. Ferris (Iowa) 699.

Under Code, § 4136, assignments that the
court erred in overruling a motion for judg-
ment and for a new trial, etc., held insufficient.
-Copeland v. Ferris (Iowa) 699.

An assignment of error complaining of in-
structions which relate to two independent mat-
ters held insufficient.-Copeland v. Ferris (Iowa)
699.

Whether an instruction correctly stated the
measure of damages cannot be reviewed under
an assignment of error relating solely to the
sufficiency of the evidence to warrant the in-
struction. Meyer v. Standard Tel. Co. (Iowa)
720.

Where the errors assigned are required to be
raised by a motion for new trial, and the ac-
tion of the court upon that motion is not as-
signed as error, the judgment will be affirmed.
German Mut. Fire Ins. Co. v. Paliner (Neb.)
624.

An assignment that the court erred in giving
an instruction identified, without stating the
grounds on which error is based, is insufficient.
-Hedlun v. Holy Terror Min. Co. (S. D.) 31.
§ 11. Briefs.

Error in refusing instructions must be spe-
cifically pointed out.-Trompen v. Yates (Neb.)
647.