The Northwestern Reporter

Under the express provisions of Rev. St. 1 Burden of proving a subsequent mortgagee's
1898, § 2242, a mortgage is embraced in the knowledge of an unrecorded prior mortgage is
term "conveyance," and a mortgagee is included on the prior mortgagee.-Schoonover v. Foley
in the term "purchaser," as those terms are used (Iowa) 492.
in section 2241.-Allison v. Manzke (Wis.) 659.
3. Rights and liabilities of parties.
Where an absolute deed is given to secure a
loan, the conveyance is a mortgage, and, on fail-
ure of the security, which deprives the party
receiving the conveyance of its benefits, he is en-
titled to recover the money loaned.-Evans v.
Thompson (Minn.) 692.

Under Comp. Laws, § 11,139, a sale on fore-
closure as one tract of three lots, each occupied
by a separate tenant, is void.-O'Connor v.
Keenan (Mich.) 186.

Rights of a purchaser at a void foreclosure
sale of an interest in property involved in a par-
tition suit defined.-O'Connor v. Keenan (Mich.)
186.

Under Code Civ. Proc. § 848, prior to the It is competent, in a proper case, to de-
amendment of 1897 (Laws 1897, p. 378, c. 95), termine the question of personal liability for
no action could be maintained to recover the a deficiency by the original decree in a foreclo-
debt secured by the mortgage, after petition sure proceeding, and to leave the amount to
to foreclose had been filed, without authority be determined in the subsequent proceedings.
of the court having jurisdiction of the fore--Field v. Howry (Mich.) 213.
closure proceedings.-Mann v. Burkland (Neb.)
116.

A petition in an action to recover on a debt.
secured by mortgage, where foreclosure pro-
ceedings have been instituted, is subject to de-
murrer if it fails to allege authority from the
court to maintain the action.-Mann v. Burk-
land (Neb.) 116.
§ 4.

Assignment of mortgage or debt.
One who purchases a note, and takes a mort-
gage and assignment thereof, with the note, is
chargeable with notice of the contents of the
mortgage.-Garnett v. Myers (Neb.) 803.

The detaching of interest coupons from a
bond by the owner thereof, and transferring
them to a third person, operates as an assign-
ment pro tanto of the mortgage securing the
entire debt.-Curtiss v. McCune (Neb.) 984.

An assignee of a mortgage held to acquire no
greater rights than those of his assignor, as
against the assignee of a prior recorded mort-
gage. Allison v. Manzke (Wis.) 659.

§ 5.

The failure of the clerk to attach his seal to
the order of sale on foreclosure until after the
sale is not a fatal objection.-Wheldon v. Cor-
nett (Neb.) 626.

with," in the meaning of the statute, if filed
A copy of the appraisal is deposited "forth-
the day following the appraisement.-Wheldon
v. Cornett (Neb.) 626.

Where the return on sale under foreclosure
recites that the appraisers were freeholders,
confirmation will not be set aside because one
of them was shown not to have received a deed
to his land. Wheldon v. Cornett (Neb.) 626.

To entitle a mortgagee, who has taken a
judgment, to foreclose, it is only necessary that
the judgment and a return of execution unsatis-
fied, as provided by Code Civ. Proc. § 851, be
set out.-Montpelier Sav. Bank & Trust Co. v.
Follett (Neb.) 635.

Where transcript of a judgment has been
sent to another county, issuance and return of
execution thereon will be a sufficient compliance
with Code Civ. Proc. § 851.-Montpelier Sav.
Bank & Trust Co. v. Follett (Neb.) 635.

Payment or performance of con-
dition, release, and satisfaction.
In an action by a mortgagor to redeem from
two mortgages, held, that the giving of an
$880 note and mortgage operated in law to pay
and discharge a prior $500 note and mortgage.ment.-Salisbury v. Murphy (Neb.) 960.
-Prescott v. Brooks (N. D.) 88.

A mortgagee's deposit in court as payment
of the mortgage sued on held not insufficient
for failing to include any sum for taxes claim-
ed to have been paid by plaintiff.- Williams v.
Williams (Wis.) 25.

6. Foreclosure by exercise of power
of sale.

A sale, under a power in a mortgage in gross,
of several distinct parcels of land, is voidable
only, though part of the tracts constitute the
homestead.-Phelps v. Western Realty Co.
(Minn.) 1085.

Under Comp. Laws 1887, §§ 3272, 5411, 5412,
a mortgage foreclosure by advertisement held
good, though the power of sale clause was omit-
ted from record as transcribed.-Shelby v. Bow-
den (S. D.) 416.

§ 7.

Foreclosure by action.

Code, § 3843, authorizes a proceeding before
a judge for an order directing the sheriff to
issue a deed to a purchaser of land at an exe-
cution sale under a judgment.-Hawkeye Ins.
Co. v. Maxwell (Iowa) 207.

A mortgagee, who forecloses his mortgage
and purchases the property at a sale thereun-
der, is not by such sale vested with the legal
title.-Hawkeye Ins. Co. v. Maxwell (Iowa) 207.
Under Code, §§ 3493, 3574, defendants, made
parties to a suit to foreclose an alleged fraudu-
lent mortgage on real estate by defendant's
cross-petition, held not entitled to a change of
venue to the respective counties of their resi-
dence.-Brown v. Holden (Iowa) 482.

A foreclosure sale is not a cancellation of the
mortgage debt, so long as the mortgagor, by re-
sisting confirmation or prosecuting appeal, pre-
vents the mortgagee from obtaining actual pay-

Where a decree of foreclosure provides that
the land shall be sold in separate tracts, and
the notice of sale gives a separate description,

that the notice does not state that the tracts are
to be separately sold is not a valid objection
to confirmation.-Eldrige v. Wesierski (Neb.)
961.

Where a sale on foreclosure was made to the
plaintiff in the action, and no confirmation was
had, and a second sale was had to plaintiff.
confirmation of sale and charging the plaintiff
with the costs of the second sale, and allowing
interest up to the date of the first sale only, held
not error.-Cutter v. Woodard (Neb.) 971.

Though parol evidence is admissible to show
that a real estate mortgage was not delivered,
where a delivery is shown, the mortgage takes
effect, under Rev. Codes 1899, § 3517, free from
all conditions upon which the delivery
made.-Sargent v. Cooley (N. D.) 576.

was

In an action to foreclose mortgage, the fact
that part of another account between the par-
ties, which had been settled, had not been col-
lectible, because arising from illegal transac-
tions on the Board of Trade, held no defense.--
Robbins v. Weiss (S. D.) 399.

The dismissal of a suit to foreclose on mo-
tion of defendants, without costs to plaintiff,
held proper under showing made.-Williams v.
Williams (Wis.) 25.

The allegations and prayer of a complaint in
a foreclosure suit held not to entitle plaintiff
to a judgment for taxes paid on the mortgaged
premises.-Williams v. Williams (Wis.) 25.

Under Rev. St. 1898, § 2918, the dismissal | § 2. Legislative control of municipal of a suit to foreclose a mortgage without costs to plaintiff held within the court's discretion.Williams v. Williams (Wis.) 25.

Under Rev. St. 1898, § 3156, one of the makers of a note and mortgage, to whom the same have been assigned, may foreclose, and obtain a deficiency judgment against his comakers and against vendees of the property who assumed the mortgage.-Fanning v. Murphy (Wis.) 335. § 8. Redemption.

A purchaser of land under a judgment junior to a mortgage for which the land has previous ly been sold held entitled to redeem from the mortgage sale before the year of redemption thereunder has expired.-Hawkeye Ins. Co. v. Maxwell (Iowa) 207.

Equity has jurisdiction to restrain the grantee in a deed intended as a mortgage from cutting timber on the lands, and to ascertain due amount the mortgage.-Bigelow v. Thompson (Mich.) 1077.

Agreement after foreclosure construed, and held an agreement of sale and purchase, and not an extension of the original mortgage.-Phelps v. Western Realty Co. (Minn.) 1085.

MOTIONS.

Arrest of judgment in criminal prosecutions, see "Criminal Law," § 25.

Continuance in civil actions, see "Continu

ance.

Direction of verdict in civil actions, see "Trial," § 3.

New trial in civil actions, see "New Trial," § 3. New trial in criminal prosecutions, see "Criminal Law," § 25.

Presentation of objections for review, see "Appeal and Error," § 6.

Quashing indictment or information, see "In-
dictment and Information," § 3.
Relating to pleadings, see "Pleading." § 4.
Striking out evidence, see "Trial," § 2.

MUNICIPAL CORPORATIONS.

See "Counties"; "Schools and School Districts," § 1.

Constitutional guaranty against impairing obligation of contracts as applicable to municipal contracts, see "Constitutional Law," § 5. Mandamus, see "Mandamus." § 1. Ordinances relating to intoxicating liquors, see "Intoxicating Liquors."

Ordinances violating constitutional guaranty of personal liberty, see "Constitutional Law," § 3.

Street railroads, see "Street Railroads."
Taking property for public use, see "Eminent
Domain.'

Validity of act authorizing reassessment for
special improvements as class legislation,
see "Constitutional Law." § 6.
Validity of act authorizing reassessment for
special improvements as deprivation of prop-
erty without due process of law, see "Consti-
tutional Law," § 7.

§ 1. Creation, alteration, existence,

and dissolution.

Laws 1862, p. 474, c. 84, relating to the vacation of town sites, held to require but one publication of the notice.-Nichols & Shepard Co. v. Cunningham (S. D.) 389.

Where a judgment vacating a town site under Laws 1862, p. 474, c. 84, recited the production of satisfactory evidence of the giving of the required notice, it will be presumed in a subsequent proceeding that the notice was posted and published as required thereby.Nichols & Shepard Co. v. Cunningham (S. D.)

389.

acts, rights, and liabilities. Under Const. art. 4, § 31, prohibiting the legislature from auditing accounts, the legislature has no power to determine what debts a municipality shall pay, and compel their parment.-Fitch v. Board of Auditors of Clains against Manitou County (Mich.) 952; Kane v. Same, Id.

The Legislature may by statute confer upon the Governor the power to appoint members of the board of fire and police commissioners of cities of the metropolitan class.-State v. Broatch (Neb.) 1016.

§ 3. Contracts in general.

Modification of contract for well by two menbers of municipal waterworks committee of three held void.-Burge v. Town of Rockwel City (Iowa) 1103.

$ 4. Public

improvements-Power

make improvements or grant aid therefor.

Under Code 1897, § 779, lot owner held not in default for failure to build sidewalk in compli ance with order of town council.-Burget v. Încorporated Town of Greenfield (Iowa) 933.

City, directing construction of permanent sidewalks, held limited to mode of procedure prescribed by ordinance.-Burget v. Incorpor ated Town of Greenfield (Iowa) 933.

Under Pub. Acts 1895, No. 215, p. 443, c. 22. § 6, lots abutting on a street which were assessed for paving may be again assessed, on the street being repaved without the request of a majority of the lot owners.-Auditor General v. Chase (Mich.) 178.

§ 5.

Preliminary proceedings and ordinances or resolutions.

A notice to a lot owner of a resolution of the town council directing the construction of a permanent sidewalk held defective.-Burget_v. Incorporated Town of Greenfield (Iowa) 933.

Lot owner held not obliged to construct permanent sidewalk until further resolution of town council was passed and notice thereof given.-Burget v. Incorporated Town of Greenfield (Iowa) 933.

Under Code 1897, § 779, establishment by town council of artificial and compromise grade lines for sidewalks held unauthorized.-Burget v. Incorporated Town of Greenfield (Iowa) 933.

Lot owner held entitled to injunction to restrain town council from destroying trees under defective proceedings relating to construetion of sidewalks.-Burget v. Incorporated Town of Greenfield (Iowa) 933.

St. Paul Home Rule Charter, p. 34, c. 6, tit. 3. § 5. relating to grading streets or laying new sidewalks, held to refer to original improvements of the kind stated, and not to repairs for subsequent relaying of a sidewalk with new material.-State v. District Court of Ramsey County (Minn.) 870.

Presentation to the city of a petition by the owners of property held essential to jurisdiction of city to pave a street and charge the cost to abutting owners, under Laws 1889, c. 14, § 69.-Jones v. City of South Omaha (Neb.) 957.

The presentation to city of a petition by own ers of property held essential to jurisdiction to order the curbing of a street not ordered to be paved.-Jones v. City of South Omaha (Neb.)

On an appeal in proceedings to sell land for
local assessment, only such objections as were
made on the hearing will be considered.-Audi-
tor General v. Chase (Mich.) 178.

Where a bid filed within the time fixed by | § 9.
the advertisement of a city is modified after
such time, it is a new bid received, and its ac-
ceptance would be a violation of the statute
requiring advertisement for bids.-Fairbanks,
Morse & Co. v. City of North Bend (Neb.) 537.
Where a bid under an advertisement by a
city is accompanied by a deposit, on the re-
fusal of the bidder, after acceptance, to enter
into the contract, he is entitled to a return of
his deposit, where, because of a change in his
bid after the time fixed for receiving bids, such
bid cannot be made the basis of a valid con-
tract.-Fairbanks, Morse & Co. v. City of North
Bend (Neb.) 537.

A city can contract for the erection of any
work authorized by Comp. St. 1901, c. 14,
art. 1, § 69, only after it has advertised for
bids, and then only with some person in ac-
cordance with a bid in response to the adver-
tisement.-Fairbanks, Morse & Co. v. City of
North Bend (Neb.) 537.

Under Comp. St. 1901, c. 14, art. 1, §. 69,
subd. 15, requiring bids for contracts by cities
or villages, the bidders must be placed on
equal footing and bid on the same proposition.
-Fairbanks, Morse & Co. v. City of North
Bend (Neb.) 537.

A property owner held not to have property
abutting on a street, so as to entitle him to
damages for its vacation.-Beutel v. West Bay
City Sugar Co. (Mich.) 202.

Unless a party is entitled to notice of pro-
ceedings to vacate a street, he cannot recover
for injuries to his means of egress or ingress to
the street, caused by vacating part thereof.-
Beutel v. West Bay City Sugar Co. (Mich.) 202.
§ 8.

Assessments for benefits, and
special taxes.

Under Pub. Acts 1895, No. 215, p. 478, c. 30,
§ 16, as amended by Pub. Acts 1899, No. 136, p.
203, when notice of intention to make a street
improvement is set out in the annual appropria-
tion bill, with an estimate of cost, the actual
expense may be assessed on the abutting lots,
though exceeding such estimate.-Auditor Gen-
eral v. Chase (Mich.) 178.

Comp. St. 1901, c. 12a, § 158, relative to the
assessment of damages against abutting and
adjacent lands for lands appropriated by a city
in the exercise of the right of eminent domain,
merely authorizes the city council to assess the
amount so awarded or recovered against the
abutting or adjacent owners, thereby providing
a means whereby the city may reimburse itself
for the amount it may expend in the payment
of such damages.-City of Omaha v. State
(Neb.) 979.

The levy of an assessment against abutting
and adjacent lands for lands appropriated by a
city under Comp. St. 1901, c. 12a, § 158, im-
poses no personal liability on the owner of the
land against which it is assessed.-City of Oma-
ha v. State (Neb.) 979.

§ 10. Police power and regulations.

Comp. Laws, § 5923, defining certain acts
to constitute disorderly conduct, held not to
preclude the Legislature from authorizing the
city of Grand Rapids, under City Charter, tit.
3, § 10, to declare other acts than those speci-
fied to constitute disorderly conduct.-In re
Stegenga (Mich.) 385.

Under Laws 1890, pp. 84, 86, c. 37, art. 11,
§ 9, a recognizance on appeal from a conviction
for violation of a city ordinance held ineffectual.
City of Centerville v. Olson (S. D.) 414.

Under Laws 1890, pp. 84, 86, c. 37, art. 11, §§
9, 14, a proceeding before a police justice
against a defendant arrested for violation of
a city ordinance held quasi criminal, and hence
an oral notice of appeal under Comp. Laws
1887, § 6177, was sufficient.-City of Center-
ville v. Olson (S. D.) 414.

§ 11. Torts.

Property owner, who voluntarily connected
with a sewer, held to have no right of action
against the city for damages resulting from
back water, caused by insufficient capacity of
the sewer.-Sheriff v. City of Oskaloosa (Iowa)
904.

Pedestrian, whose foot slipped into a hole in
the sidewalk, held not guilty of contributory
V. City of Greenville
negligence. -Burrell
(Mich.) 732.

Slipping of pedestrian's foot into hole in the
sidewalk held not proximate cause of injury.-
Burrell v. City of Greenville (Mich.) 732.

Question whether a city, in repairing a street,
kept it in a reasonably safe condition for pub-
lic travel, held, under the circumstances, one
for the jury. - Finch v. Village of Bangor
(Mich.) 738.

The duty of a city extends to keeping high-
ways in a condition reasonably safe for travel.
-Finch v. Village of Bangor (Mich.) 738.

court in the matter of a claim for injury from
A bond on appeal from a city council to the
a defective sidewalk held sufficient, though the
obligors were made liable jointly only; the city
charter requirement being only for two sureties.
Rev. St. 1898, § 1210d, authorizing reassess--Schaefer v. City of Ashland (Wis.) 303.
ment for street improvements, held not void
as imposing a tax for private use.-Schintgen
v. City of La Crosse (Wis.) 84.

Rev. St. 1898, § 1210d, held not unconstitu-
tional as authorizing a reassessment for work
which could not originally have been made a
lawful charge against the property.-Schintgen
v. City of La Crosse (Wis.) 84.

Under Laws 1893, p. 516, c. 310, § 6, and
Laws 1887, c. 162, subc. 7, § 2, a second pav
ing assessment held invalid, in the absence of
any showing that the pavement had a concrete
foundation.-Schintgen v. City of La Crosse
(Wis.) 84.

Under Rev. St. 1898, § 1210d, a reassess-
ment may be had, where the original assess-
ment was void because made under Rev. St.
1898, c. 40a, which the city had failed to legal-
ly adopt.-Schintgen v. City of La Crosse
(Wis.) 84.

disbelieved plaintiff's testimony, which was pos
An instruction to find a fact, unless the jury
itive and undisputed, held proper.-Schaefer v.
City of Ashland (Wis.) 303.

The sufficiency as to form of a notice of an
injury from a defective sidewalk is for the
court.-Schaefer v. City of Ashland (Wis.) 303.
sidewalk, held not guilty of contributory negli
A girl, injured by stepping into a hole in a
gence as a matter of law.-Collins v. City of
Janesville (Wis.) 309.

Whether defendant was negligent in sudden-
ly starting a steam roller as plaintiff was driv-
ing by held to be for the jury.-Heer v. War-
ren-Scharf Asphalt Pav. Čo. (Wis.) 789.

Whether a driver was negligent in attempting
to pass a steam roller standing on a street
held to be a question for the jury.-Heer v.
Warren-Scharf Asphalt Pav. Co. (Wis.) 789.

§ 12. Fiscal management, public debt, securities, and taxation. Presenting to city council, sitting as board of equalization, protest against report of advisory committee recommending increase in tax assessment, held not a waiver of notice of proposed increase. Cedar Rapids & M. C. Ry. Co. v. Redmond (Iowa) 1096.

Under Loc. Acts 1901, No. 472. p. 714, c. 10, § 10, chattel mortgage previously executed held superior to lien for Detroit city taxes.Lucking v. Ballantyne (Mich.) 8.

Comp. St. 1901, c. 12a, § 7, providing for a special fund for payment of judgment, does not apply to the assessment levied under section 158 for damages against abutting and adjacent lands.-City of Omaha v. State (Neb.) 979. Authority given by voters of a city to issue specified amount of bouds confers authority to issue same in installments.-Wells v. City of Sioux Falls (S. D.) 425.

Under Const. art. 13, § 4, as amended in 1896, cities are given authority to issue water bonds, irrespective of other existing indebted ness.-Wells v. City of Sioux Falls (S. D.)

425.

§ 13. Claims against corporation.

Officers of municipal corporations, auditing and allowing claims against the municipality, are merely its agents, and do not perform judicial functions.-Fitch v. Board of Auditors of Claims against Manitou County (Mich.) 952; Kane v. Same, Id.

MURDER.

See "Homicide," § 1.

MUTUAL BENEFIT INSURANCE. See "Insurance," § 14.

NATIONAL BANKS.

See "Taxation," §§ 2, 4.

NAVIGABLE WATERS.

See "Waters and Water Courses."

NEGLIGENCE.

Causing death, see "Death." § 1.
Measure of damages, see "Damages," § 2.

By particular classes of parties.

See "Carriers," § 1; "Innkeepers"; "Municipal

§ 3. Contributory negligence. nership, or of principal and agent, or of master Except with respect to the relation of partand servant, the doctrine of imputed negligence is not in vogue in Nebraska.-Hajsek v. Cuicago, B. & Q. R. Co. (Neb.) 609. § 4. Actions.

An instruction that negligence is the absence of such care as persons of ordinary diligence are "expected" to exercise is not erroneons for the inadvertent use of the word "expected" for "accustomed."-Ready v. Peavey Elevator Co. (Minn.) 442.

Unless the inference of contributory negligence is so direct as to be within the common experience of mankind, the court cannot instruct the jury that the party was negligent as a matter of law.-Hajsek v. Chicago, B. & Q. R. Co. (Neb.) 609.

In an action for injuries caused by the collapse of a building, an instruction held properly refused, because ignoring the question of wheth er defendant could have learned of the improper construction of the building by ordinary care. -Waterhouse v. Jos. Schlitz Brewing Co. (S. D.) 587.

In an action for personal injuries caused by the collapse of a building, evidence that other buildings similar in construction had previously fallen held admissible. Waterhouse v. Jos. Schlitz Brewing Co. (S. D.) 587.

In an action for personal injuries caused by the fall of a building, description of material and methods employed in constructing similar buildings held relevant and material.-Waterhouse v. Jos. Schlitz Brewing Co. (S. D.) 587.

In an action for personal injuries caused by the fall of a building, pleadings held to raise no issue as to plaintiff's precise position at the time of the accident.--Waterhouse v. Jos. Schlitz Brewing Co. (S. D.) 587.

NEGOTIABLE INSTRUMENTS.

Corporations," § 11; "Physicians and Sar-, See "Bills and Notes." geons"; "Railroads," §§ 4-7; "Street Railroads," § 1.

Bailee, see "Bailment."

Employers, see "Master and Servant," §§ 2-8. Condition or use of particular species of property, works, or machinery.

See "Bailment"; "Bridges," § 1; "Railroads," §§ 4-7; "Street Railroads," § 1. Demised premises, see "Landlord and Tenant," § 6.

Contributory negligence.

Of guest at hotel, see "Innkeepers."

Of owner of cattle injured by trains, see "Railroads." § 6.

Of person injured at railroad crossing, see "Railroads," § 5.

Of person injured by defective bridge, see "Bridges," § 1.

Of person injured by operation of street railroad, see "Street Railroads," § 1.

Of servant, see "Master and Servant," § 7. Of traveler on city street, see "Municipal Corporations," § 11.

NEWLY-DISCOVERED EVIDENCE.

Ground for new trial in civil actions, see "New Trial," § 2.

NEWSPAPERS.

Liability of proprietor for libelous article, see "Libel and Slander," § 3.

NEW TRIAL.

Discretion of lower court in granting, see "Appeal and Error," $28.

In action on insurance policy, see "Insurance,” $13.

In criminal prosecutions, see "Criminal Law," § 25.

Necessity of motion for purpose of review, see "Appeal and Error," § 8.

Opening or vacating judgment, see "Judgment," § 4.

2. Grounds.

A motion for new trial on the ground of new
witnesses held properly overruled, when their
testimony would have had no bearing on the
real questions at issue.-Gibson v. Hunt (Iowa)
277.

Plaintiff held not entitled to new trial on the
ground of insanity of a juror, where that fact
was known early in the trial and no objection
made.-Pfeiffer v. City of Dubuque (Iowa) 492.
In an action on a fire policy, held, that the in-

surer's motion for a new trial on the ground

of newly discovered evidence should have been
sustained.-Germinder v. Machinery Mut. Ins.
Ass'n (Iowa) 1108.

The loss of the files, where no effort is made
to substitute them, will not sustain a judgment
granting a new trial in an equitable proceeding
for that purpose.-Saxton v. Harrington (Neb.)
605.

A failure to return a bill of exceptions within
the statutory time, or within the time to com-
mence error proceedings, is not sufficient ground
to sustain a petition in equity for a new trial.-
Saxton v. Harrington (Neb.) 605.

The grant of a new trial for insufficiency of
the evidence, when there is a substantial con-
flict, is in the discretion of the court.-Ross v.
Robertson (N. D.) 765.

The fact that the trial judge believes the
verdict to be against the preponderance of the
evidence does not compel award of new trial.
-Collins v. City of Janesville (Wis.) 309.

3. Proceedings to procure new trial.
Where verdict is rendered in favor of sev-
eral defendants on separate defenses, a single
joint motion for new trial against them all is
insufficient, if the verdict is good as to any one
of them.-Lydick v. Gill (Neb.) 109.

The trial court can order a reduction of an
excessive verdict or submission to a new trial.
-Ross v. Robertson (N. D.) 765.

Requirement of Rev. St. 1898, § 2878, as
amended by Laws 1901, p. 127, c. 100, that mo-
tion for a new trial on minutes shall be heard at
trial term, held subject to waiver by parties.-
Second Nat. Bank v. Smith (Wis.) 664.

Requirement of Rev. St. 1898, § 2878, as
amended by Laws 1901, p. 127, c. 100, that
motion for new trial on the minutes shall be
heard at trial term, held waived by counsel.-
Second Nat. Bank v. Smith (Wis.) 664.

NEXT OF KIN.

See "Descent and Distribution."

NONSUIT.

Before trial, see "Dismissal and Nonsuit."

NOTES.

Promissory notes, see "Bills and Notes."

NOTICE.

Appeal from conviction for violation of city
ordinance, see "Municipal Corporations," § 10.
Attorney's lien, see "Attorney and Client,"
§ 2.

Breach of warranty, see "Sales," § 4.
Claim for injury from defective bridge, see
"Bridges," § 1.
Foreclosure, see "Mortgages," § 7.
Forfeiture of rights under contract for sale of
realty, see "Vendor and Purchaser," §§ 2, 3.
Hearing of arbitrators, see "Arbitration and
Award," § 1.

Local improvements, see "Municipal Corpora-
tions," $5.
Loss insured against, see "Insurance," § 9.
Nonpayment or protest of bill or note, see
"Bills and Notes," § 4.

Personal injuries, see "Municipal Corporations,"
§ 11.
Review of tax assessment, see "Taxation," § 4.
Taking of depositions, see "Depositions."
Tax sale, see "Taxation," § 6.

To particular classes of parties.
See: "Principal and Agent," § 6.
Purchaser of bill of exchange or promissory
note, see "Bills and Notes," § 3.

NUISANCE.

Anticipated nuisance as ground of action, see
"Action," § 1.

Obstruction of water course, see "Waters and
Water Courses," § 4.

1. Private nuisances.

A tile drain is not a permanent structure,
so as to prevent a purchaser of land, injured
by its construction, from enjoining its removal.
Costello v. Pomeroy (Iowa) 490.

Where there is no right of action to restrain,
or to obtain damages in respect to, a nuisance
created by another. there is no right to remove
such nuisance without judicial proceedings.-
Priewe v. Fitzsimons & Connell Co. (Wis.)
317.

§ 2. Public nuisances.

Evidence held sufficient to show a nuisance,
within Code, § 4302. - Percival v. Yousling
(Iowa) 913.

Under Code, § 4302, a person held to have a
right of action for a nuisance, even though oth-
ers suffer the same injury.-Percival v. Yousling
(Iowa) 913.

Trees in a street are not necessarily a nui-
sance, where they do not obstruct travel, and
it is in accordance with public policy_to pre-
serve them.-Burget v. Incorporated Town of
Greenfield (Iowa) 933.

OBJECTIONS.

Presentation of grounds for new trial, see
"New Trial," § 2.

OBLIGATION OF CONTRACT.

Laws impairing, see "Constitutional Law," § 5.

OFFER.

Of judgment, see "Judgment," § 1.
Of proof, see "Trial," § 2.

OFFICERS.

Affecting priority of mortgages, see "Mort- Assignment of salary of public officer as con-
gages," § 2.

Of particular faets, acts, or proceedings.

Action or process, see "Process," $ 1.
Appeal, see "Appeal and Error," § 10.

trary to public policy, see "Contracts," § 1.
Bribery, see "Bribery.'

Embezzlement, see "Embezzlement."
Legislative control over municipal officers, see
"Municipal Corporations," § 2.

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도서

The Northwestern Reporter, 94권