INDEX. ABANDONMENT. Of homestead, see "Homestead." Of wife, see "Husband and Wife." ABATEMENT AND REVIVAL. Survival of action after death of servant, see Pending an action on a note where judgment Death of plaintiff pending suit for wrongful ABSENCE. Of witness as ground for continuance, see ABSTRACTS. Of record on appeal, see "Appeal and Error." ABUTTING OWNERS. Assessment for public improvements, see "Mu- ACCIDENT. Evidence, to impeach a certificate for fraud, ACTION. See, also, "Appearance"; "Continuance"; "Dis- Against attorney, see "Attorney and Client." By assignee, see "Assignments." By guardian, see "Guardian and Ward." For breach of warranty, see "Sales." to servant, see "Master and Servant." See "Carriers"; "Negligence"; "Railroads"; Pendency of other action, see "Abatement and "Street Railroads." At crossing, see "Railroads." Excusable homicide, see "Homicide." ACCIDENT INSURANCE. See "Insurance." ACCOMMODATION PAPER. See "Bills and Notes." ACCORD AND SATISFACTION. A claim of damages for fraud held not to have ACKNOWLEDGMENT. Of adverse possession, see "Adverse Posses- An acknowledgment of a mortgage by a no- 69 N.W.-73 Revival." To enforce stockholders' liability, see "Corpo- To set aside fraudulent conveyance, see (1153) The marriage of a man after committing the See "Husband and Wife." ALIENATION. offense of adultery does not bar his prosecution, Suspension of power, see "Wills.” under the statute, on complaint of the husband of the woman.-State v. Oden (Iowa) 270. ADVERSE CLAIM. See "Quieting Title." ADVERSE POSSESSION. See, also, "Limitation of Actions." As between parent and child, possession of land of one by the other is presumed not to be adverse.-O'Boyle v. McHugh (Minn.) 37. Good faith is not essential to the acquiring of ownership by adverse possession under the statute.-Lampman v. Van Alstyne (Wis.) 171. One claiming adverse possession by himself and his predecessors must show such transfer of possession as will enable him to tack the previous possession to his own.-Ryan v. Schwartz (Wis.) 178. One claiming by adverse possession must show that it has been continuously adverse for the requisite period.-Ryan v. Schwartz (Wis.) 178. An acknowledgment by one holding title by adverse possession of the former owner's title by accepting a lease is competent evidence to prove his possession not adverse.-Sage v. Rudnick (Minn.) 1096. An acknowledgment by one holding title by adverse possession of the former owner's title except by deed will not divest his title.-Sage v. Rudnick (Minn.) 1096. ALIENS. Evidence held to justify a finding that possession by plaintiff of the lands of her children was See "Pleading." not adverse.-O'Boyle v. McHugh (Minn.) 37. Evidence on the question of adverse possession considered.-Lampman v. Van Alstyne (Wis.) 171. Proof of all the elements required by the statute will establish adverse possession, regardless of the requirements of the common law.-Lampman v. Van Alstyne (Wis.) 171. Evidence held not to show color of title on which to base adverse possession.-Laraway v. Zenor (Iowa) 416. A finding that, when plaintiff's grantor entered into adverse possession, the owner of the land was not insane, held sustained by the evidence.-Kelly v. Gallup (Minn.) 812. Instructions as to requisites of adverse possession held not erroneous.-Lampman v. Van Alstyne (Wis.) 171. AFFIDAVITS. For attachment, see "Attachment." For publication of summons, see "Process." To impeach verdict, see "Trial." AFTER-ACQUIRED PROPERTY. Effect of mortgage, see "Chattel Mortgages." ANSWER. ANTENUPTIAL CONTRACTS. See "Husband and Wife." APPEAL AND ERROR. See, also, "Certiorari"; "Exceptions, Bill of'; "New Trial." Costs on appeal, see "Costs." Jurisdiction. The supreme court cannot assume jurisdie tion by consent.-Waterman v. Bailey (Mich.) 1109. Where plaintiff moves for judgment notwithstanding the verdict, or for a new trial, and the new trial is granted and the judgment is denied, no appeal lies.-St. Anthony Falls Bank v. Graham (Minn.) 1077. Jurisdiction of supreme court after judgment and remittitur filed in lower court determined. -Rud v. Board of Com'rs of Pope County (Minn.) 886. On appeal by the garnishee from a justice, the | To determine whether the district court has jurisdiction of an appeal from a justice, the Appealable judgments and orders. Circuit court's decision in proceeding of ha- An order striking out an amendment held An order for a change of venue is not ap- An order denying a motion to set aside the An order refusing to compel plaintiff to elect A finding without judgment in a summary Appeal held not to lie from order refusing de- Notice. In an action against a principal and sureties An appeal will be dismissed where notice Proof of service of notice of appeal cannot be Proof of service of notice of appeal on "E. Bond. Under Comp. Laws, § 5232, failure to justify Where an appeal bond from the county to the Service of notice of exception to sureties on ap- Assignments of error. V. An assignment of error as to instructions An order requiring defendants to deliver to re- Assignments of error held too general to be 394. An appeal will not lie directly to review deci- An appeal will lie from an order denying a Whether a judgment of a justice is appealable No appeal lies from an order denying a motion No appeal will lie from the order of dismissal Where a cause is remanded, a denial of a mo- Time of taking. Where, by agreement, the court makes addi- An appeal not taken within six months from No appeal lies until the order appealed from Appellant cannot amend his assignments of er- An assignment must particularly designate the An assignment that "the court erred in direct- An assignment that the verdict is "contrary to An assignment of error as to several instruc- An assignment of error referring in gross to Record. The sufficiency of the evidence cannot be con- Appeal dismissed for failure to settle case Certificate of trial court that the settled case Error in giving instructions not considered, Certificate that questions of law are involved because all the instructions were not in the held insufficient where it does not state that the record.-Kreuger v. Sylvester (Iowa) 1059. questions certified are involved in the case.Record on appeal held insufficient, as not show-Connor v. Bennke (Iowa) 414. ing that the certificates in the abstract were in fact made by the officers whose names they bore.-Mahr v. Hanford Produce Co. (Iowa) 1019. A stipulation for filing the original pleadings in place of the certified transcript does not give the court jurisdiction, in the absence of such a transcript.-Smith v. Beagle (Neb.) 936. Where the abstracts do not contain all the evidence, questions of fact cannot be reviewed. -Koster v. Seney (Iowa) 868. Findings of fact will not be reviewed where the bill of exceptions does not contain all the evidence.-Williamson v. Neeves (Wis.) 806. The requirement of a transcript is not complied with by filing the original pleadings with a transcript of the record showing judgment.Peck v. Nebraska Loan & Trust Co. (Neb.) 777. In a case submitted on an agreed printed abstract, the court will not look beyond the abstract. Closson v. Roman (Neb.) 760. Alleged errors as to the evidence are not available where the bill of exceptions was quashed before final submission.-Reynolds v. McCandless (Neb.) 760. When appeal may be considered, though assignments of error were not embodied in the bill of exceptions.-Coon v. Dennis (Mich.) 666. Where a statement by appellee that the abstracts do not contain all the evidence is not denied by appellant, the evidence will not be reviewed.-Hiatt v. Nelson (Iowa) 553. Where the record does not show an appeal taken, it will be dismissed.-Brandenburg v. Keller (Iowa) 448. Court rule 97, requiring an index to the abstract, will be enforced.-State v. Abegglen (Iowa) 256. Review. On second trial, the judgment of the supreme court on the former trial constitutes the law of the case.-Bradley v. Norris (Minn.) 624. An assignment of error cannot be considered on a second appeal as to matters involved in the first appeal.-In re Kittson's Estate (Minn.) 625; Appeal of St. Paul Trust Co., Id.; Appeal of Kittson, Id. One who objects to the withdrawal of evidence admitted against his objection cannot complain of the admission.-Geiger v. Payne (Iowa) 554. Oral evidence of the clerk of court, contradicting recitals in an execution not objected to. cannot be disregarded on appeal.-Locke v. Hubbard (S. D.) 588. When testimony as to value of article lost under fire insurance policy held to have related to market value.-Huston v. State Ins. Co. (Iowa) 674. An appeal from an order striking an ameniment held to bring up for review an order for a change of venue made at the same time.Kay v. Pruden (Iowa) 1137. An appellate court will not interfere with the discretion of the trial court as to the order of admitting evidence.-Kramer v. Messner (Iowa) 1142. The dissolving of a temporary injunction will not be disturbed unless an abuse of judicial discretion is shown.-Gorton v. Town of Forest City (Minn.) 478. An order granting a new trial on the ground that the evidence does not sustain the verdict is in the discretion of the court.-Gull River Lumber Co. v. Osbrone-McMillan Elevator Co. (N. D.) 691. Objections not raised below. Objections not raised below will not be considered.-Williamson v. Neeves (Wis.) 806. It cannot be first objected on appeal that no notice of intention to move for new trial was served.-Fletcher v. Nelson (N. D.) 53. The admission of evidence cannot be reviewed where it was not objected to.-Denise v. City of Omaha (Neb.) 119. The admission of evidence cannot be reviewed in the absence of an assignment in reference thereto.-Denise v. City of Omaha (Neb.) 119. Defendant cannot object for the first time on appeal that persons jointly liable were not par ties.-Clark v. O'Rourke (Mich.) 147. It is too late to raise, by supplemental brief. the question whether the verdict in a slander case was defective for not specifying the amount awarded for damages to feelings.-Hewitt v. Mor On appeal from the county court, the same is-ley (Mich.) 245. sues must be tried as were tried below unless An objection that plaintiff's remedy was at new matter has arisen.-Bellamy v. Chambers law, and not equity, cannot be first raised on (Neb.) 770. appeal.-Bull v. Keenan (Iowa) 433. Where the jury, on a trial for slander, was charged to estimate the amount of "actual injury," it will not be presumed that exemplary damages were given.-Trimble v. Tantlinger (Iowa) 1045. A motion for new trial on purely legal grounds may be reviewed.-Davis v. Cook (S. D.) 18. Where a claim is sought to be enforced against the decedent's estate on the basis of a trust, on appeal to the circuit court it cannot be enforced on the theory of a sale.-Raub v. Nisbett (Mich.) 77. Objections to instructions, to be available, must be specifically pointed out in a motion for new trial.-Denise v. City of Omaha (Neb.) 119. Matters not specifically assigned both in petition in error and in brief will not be considered. -Aetna Ins. Co. v. Simmons (Neb.) 125. Presumption favoring trial court's finding on question of fact prevails where the evidence is nearly balanced.-Kirkland v. Kirkland (Mich.) 233. Error in admitting evidence held harmless.- Erroneous admission of evidence held not prej- Admission of improper evidence in a suit in Rejection of competent evidence held harmless. Refusal to strike out a plea stating a mere Error in refusing to strike out amended an- Allowing a petition to be amended increasing Weight and sufficiency of evidence. The fact that the preponderance of evidence Evidence, though conflicting, held sufficient to When conclusions of trial court on facts and The rule that the supreme court will not dis- Findings on conflicting evidence will not be Verdict supported by the evidence will not be not be disturbed.-Shafer v. Hostetler (Neb.) Effect of appeal-Supersedeas. A judgment from which an appeal has been The filing of a supersedeas bond is indispen- A supersedeas bond will not act as a superse- A bond, when approved, will not operate as a Payments on a judgment pending an appeal, The appointment of a receiver cannot be su- Decision. An appeal from a refusal to modify a judg Where the district court reverses a judgment An appeal from a discretionary order will be tion.-Homestead Land Co. v. Joseph Schlitz An appeal will be dismissed where it presents The supreme court, on appeal from a decree for On appeal from a justice, where no return was APPEARANCE. insisted that the court had no jurisdiction, after |