knowledgments of deeds and other instruments in writing, state accounts between parties referred to him by order of court, determine upon the amount and sufficiency of bail, allow writs of habeas corpus and ne exeat, and grant injunctional orders; and may exercise within his county the powers of a circuit judge at chambers, in any civil action pending in such county, except as otherwise provided by law; and may do such other things as he may be authorized by law to do, and perform such other duties as may be required of him by the circuit court, or as are necessary and proper for the full exercise of the powers hereby granted; subject to review in all cases by the circuit court, as provided by law and the rules and practice of the court.” Also, after providing for the examination of a debtor under oath before a circuit court commissioner, and where there is danger that the debtor will leave the state, authorizing the debtor's arrest and imprisonment, it is further provided in case "he has property which he has unjustly refused to apply to such judgment, he may be ordered to enter into an undertaking, with one or more sureties, that he will from time to time attend before the judge or court commissioner as he shall direct, and that he will not, during the pendency of the proceedings, dispose of any portion of his property not exempt from execution. In default of entering into such undertaking, he may be committed to prison by warrant of the judge, or court commissioner as for a contempt."
In this case it is distinctly held that a circuit commissioner, although his powers are much less than those of a county judge, may punish for the violation of an injunc tional order issued by him, although the circuit courts also possessed that power. It is very clear to my mind that the county judge had jurisdiction and that the judgment should be reversed.
Abstracts of Votes. See ELECTIONS, 2.
Acceptance. See NEGOTIABLE INSTRUMENTS, 5. ORDer.
Account Books. See WITNESSES, 3.
Accounting. See Costs, 3.
Acknowledgment.
A certificate of acknowledgment of a deel or mortgage, in
proper form, can be impeached only by clear, convincing,
and satisfactory proof that the certificate is false and
fraudulent. Phillips v. Bishop........
Actions. See JOINDER OF ACTIONS. LOST INSTRUMENTS,
NEGOTIABLE INSTRUMENTS, 4, 5.
1. A railroad company's possession is not adverse when both
prior and subsequent to its entering it attempted to con-
demn the land. N. R. Co. v. Culver...... ..............................................150, 151
2. A party acquired title to public lands under the United
States home-tead law to a portion of which another per-
son claims title by adverse possession. Held, That the stat-
ute of limitations did not begin to run against the party
entering the land in favor of the one holding adversely,
until the right to the patent was completed by the per-
formance of every act required of the entryman by the
homestead law. Mills v. Traver................
Affidavits. See ATTACHMENT, 2. CONTINUANCE.
Affidavits used at the hearing of a motion in the district court
must be brought into the record by a bill of exceptions to
be available in the supreme court. Wohlenberg v. Melchert, 803
1. Where several carriers unite to complete a line of trans-
portation, each is the agent of the other. M. P. R. Co. v.
Twiss.........
2. A telephone operator who receives and repeats the mes-
sages for persons communicating by telephone is the agent
of each. Oskamp v. Gadsden..........
Agents. See ESTOPPEL, 2. INSURANCE, 5, 15. REAL ESTATE
BROKERS.
Agent's Clerk. See INSURANCE, 16.
Agricultural Societies. See CONSTITUTIONAL LAW.
1. Are not corporations within the ordinary meaning of the
term, but rather agencies adopted by the state for the
purpose of promoting the interests of agriculture and
manufacturing. State v. Robinson
2. The board of county supervisors should include in the es-
timate of expenses for the current year the amount pay-
able to an agricultural society by provision of statute, not-
withstanding that another society in the same county has
complied with the conditions necessary to entitle it to de-
mand payment from the county, where it does not appear
that the latter is making any claim upon the county for
funds. Id.
The testimony in a case should be confined to the issues
formed by the pleadings. Darner v. Daggett.......
Allowance of Claim. See APPEAL, 11.
Alteration of Instruments.
1. The fraudulent alteration of a promissory note secured by
a mortgage cancels the debt which it evidenced and dis-
charges the mortgage. Walton Plow Co. v. Campbell ........ 174
2. Where a promissory note has been altered by the payee in
a material matter and with a fraudulent purpose, no re-
covery can be had upon the instrument, or upon the orig-
inal consideration for which it was given. Id............... 173
3. An unauthorized alteration of a non-negotiable promissory
note by the payee, after the execution thereof, by the
insertion of the word "bearer" after the name of the
payee, is a material alteration which will nullify the in-
strument. Id.
Alternative Judgment. See REPLEVIN, 3, 7.
Amendment. See PLEADING.
1. If a dog is found running at large without the collar re-
quired by statute, no action can be maintained for killing
the dog. Nehr v. State..............
2. When a dog leaves the owner's premises or goes upon the
public road, no one having control of him being near, he
is running at large. Id.
3. A dog that persistently assails people passing along a pub-
lic road in a threatening manner is a nuisance, and may
be killed by any person so assailed. Id.
4. A person taking up stock for trespassing upon cultivated
lands must comply substantially with the requirements
of the herd law, particularly the giving of notice, unless
the same are waived, or he will acquire no lien upon
such stock. Hanscom v. Burmood........
5. The party taking up stock must give notice to the owner
thereof within a reasonable time.
Appeal. See EMINENT DOMAIN. REPLEVIN.
1. Will not be dismissed, because no bill of exceptions has
been settled and allowed. Hines v. Cochran ...............
828
2. In all appellate proceedings the records of the trial court,
when properly verified, import absolute verity. Worley v.
Shong.........
3. Will not be dismissed from supreme court, because bill of
exceptions attached to transcript was not properly signed.
Carlson v. Beckman...........
4. In an appeal from a justice of the peace the appellate
court will require a defective record to be perfected, but
will not require the justice to correct a journal entry on
his docket. Worley v. Shong......
5. The issues in a district court upon the trial of an appeal
from the county court should be the same as presented be-
low, except as to new matter arising after the trial.
ner v. Daggett..
6. Upon a trial in the district court of an appeal from a
justice of the peace, a motion to strike a counter-claim
from the answer because it had not been pleaded below,
was properly sustained. Carr v. Luscher........
7. In an action appealed from a justice of the peace to the
district court by the defendant, the plaintiff may reply to
any new matter contained in the answer filed in the ap-
pellate court. C., B. &Q R. Co. v. Gustin............
8. Where the proof on a question of forgery fails to reach
that degree of certainty to show that the judgment of the
court below is clearly wrong, it will not be reversed.
Capital National Bank v. Williams....................................................................................................
9. Supreme court will not consider the merits of a case upon
motion to dismiss appeal, but will only inquire whether
appeal lies, and whether it is properly taken and per-
fected. Hines v. Cochran..........
10. The issues in the district court upon the trial of an appeal
from a justice of the peace should be substantially the
same as were presented below, unless some new matter
has arisen since the former trial. Lee v. Walker.............. 689
693
11. The appeal of a taxpayer from the allowance of a claim
against a county will not be dismissed on account of in-
formalities or omissions in the undertaking, but an op-
portunity will be given to file a proper bond in the dis-
trict court. Rube v. Cedar County.......
12. Where a cause has been appealed to the district court
and an amended petition filed which contains the same
cause of action set forth in the court below, but the facts
are set out in detail, a motion to strike the new matter
from the petition, held, to be properly overruled. Ittner
v. Robinson.........
13. An action to foreclose a mechanic's lien and have certain
policies of insurance taken in the name of the land-owner
assigned to plaintiff, being instituted as one in equity, is
subject to equity procedure in supreme court upon appeal
even if some of the proceedings were in the nature of an
action at law. Star Union Lumber Co. v. Finney.............. 215
14. The time within which an appeal may be taken from a
decree of the district court does not begin to run until
such decree has been entered of record, so that it is within
the power of the appellant to comply with the statute reg-
ulating appeals, by filing in the supreme court a certified
transcript of the proceedings of the district court. Horn
v. Miller, 20 Neb., 98, overruled. Bickel v. Dutcher........ 761
15. A defendant who has appeared in an action before a jus-
tice of the peace may appeal from the judgment, notwith-
standing he was not present at the trial. On the trial of
such a case, in an ordinary action, it will be assumed that
the cause of action is denied, and it will devolve on the
plaintiff to prove the same; and in case the defendant ap-
peals, his defense will be restricted to a like denial. Carr
v. Luscher.........
A defendant will not be bound by an attorney's appearance
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