Page images

[ocr errors]

cuse himself for not paying the excess to the 1 $ 14. Judgment or decree and exemortgagor on demand, by showing that the ex

cution. cess went into the hands of the mortgagee.-- In a foreclosure suit, a judgment creditor First Methodist Episcopal Church v. Fadden held to have no right to a decree ordering the (N. D.) 615.

land to be sold unless redemption should be A grantee of the premises is not required, on mortgage lien.-Morrill v. Skinner (Neb.) 375.

made from the judgment as well as from the foreclosure to pay the attorney's fee specified in the mortgage when it exceeds that allowed by $ 15. Sale. law.-First Methodist Episcopal Church v. Fad- Master commissioner appointed to make judi. den (N. D.) 615.

cial sale can administer oath to appraisers.When the person making a foreclosure sale George v. Keniston (Neb.) 772. states in his affidavit that he is a deputy sher- Master commissioner appointed to make foreiff, the affidavit is prima facie evidence of that closure sale need not subscribe and file an fact.- First Methodist Episcopal Church v. Fad- oath.-George v. Keniston (Neb.) 772. den (N. D.) 615.

$ 16. Deficiency and personal liabilAn affidavit of foreclosure sale must show

ity. on its face that the sale was made by a per- A first mortgagee held entitled, under the son authorized so to do by law.-First Methodist statute, to a personal judgment against a secEpiscopal Church v. Fadden (N. D.) 615.

ond mortgagee, on the latter's agreement with

the mortgagor to assume the first mortgage, § 9. Foreclosure by action-Nature and only when the mortgagor could enforce the form of remedy.

agreement.-Webber v. Lawrence (Mich.) 266. Under Code Civ. Proc. $ 847 et seq., as existing before 1897, an action could be brought

Holder of a note secured by mortgage may on a debt secured by a mortgage, or a suit sue on the note where there are no stipulations brought to foreclose, but not both at the same making mortgaged property primarily liable.time without leave.-Maxwell v. Home Fire Grable v. Beatty (Neb.) 49. Ins. Co. (Neb.) 681.

In absence of agreement by mortgagee to

look primarily to his security, foreclosure is § 10. Right to foreclose and de- not condition precedent to an action on the fenses.

claim.--Grable v. Beatty (Neb.) 49. Evidence held to show that mortgagee had authorized foreclosure of mortgage.-Darelius v.

Inadequacy of price for land sold at a foreDavis (Minn.) 214.

closure sale held no defense to a subsequent

action for a deficiency due on the mortgage Notice of election to treat whole mortgage note.-Hollister v. Buchanan (S. D.) 103. debt due on default held unnecessary before suit brought.-Northwestern Mut. Life Ins. Co. v.

$ 17.

Disposition of proceeds and Butler (Neb.) 667.


Procedure adopted by the second mortgagee to Acceptance of interest due held not to waive assert a claim to a surplus arising on a sale default in payment of matured installments of under the first mortgage held proper.-Moss v. principal.-Northwestern Mut. Life Ins. Co. v. | Robertson (Neb.) 403. Butler (Neb.) 667.

A junior mortgagee held entitled to the surplus That owner of mortgaged property improves on foreclosure of the senior mortgage as agaiust it, believing the mortgage to be invalid, held the owner of the equity of redemption.-Moss no defense on foreclosure where no fraud is v. Robertson (Neb.) 403. shown.--Arlington Mill & Elevator Co. v. Yates (Neb.) 677.

$ 18.

Costs and expenses.

Stipulation in mortgage for payment of ex$ 11. Parties and process.

penses in procuring and continuing abstract for A subsequent lienholder is a proper party purpose of foreclosure held unenforceable.defendant, in an action to foreclose a mortgage Northwestern Mut. Life Ins. Co. v. Butler which was not recorded until after the lien (Neb.) 667. attached.--Campbell v. Bane (Mich.) 322.

$ 19.

Operation and effect. $ 12. Pleading and evidence.

A decree foreclosing a mortgage securing a Mortgage introduced held sufficiently identified note given as collateral held not a bar to an acas the one in suit.--Northwestern Mut. Life tion on the note to which it was collateral.Ins. Co. v. Butler (Neb.) 607.

Maxwell v. Home Fire Ins. Co. (Neb.) 081. An action to foreclose a mortgage securing

$ 20. Redemption. a note is not founded on an instrument for the absolute title, unless premises are redeemed

Purchaser at mortgage sale has a right to unconditional payment of money only, within Code Civ. Proc. $ 129, requiring a copy of within the statutory time.-Hughes v. Olson such an instrument to be set out in the plead

(Minn.) 42. ing.--First Nat. Bank v. Engelbercht (Neb.) 685. Purchaser at foreclosure sale may dispute the

right of a proposed redemptioner to redeem.-An action to foreclose a mortgage securing Hughes v. Olson (Minn.) 42. a note is founded on a written instrument as evidence of a debt within Code Civ. Proc. $

In tendering the amount of a judgment 124, requiring a copy of the instrument to be against the husband so as to defeat the judgfiled with the pleading.–First Nat. Bank v.

ment creditor's right to redeem from a mortEngelbercht (Web.) 685.

gage foreclosure sale of the husband's proper

ty, held, that the wife was not a mere volIn an action to foreclose a mortgage securing unteer.—Roberts v. Meighen (Minn.) 139. a note, a copy of the mortgage need not be attached to the petition, but only a copy of the

Where mortgagor conveys subject to mortnote, and the note need not be made a part demption by assignee under second mortgage

gage, and takes back second mortgage, a reof the pleading by express averment.--First from foreclosure of first within five days after Nat. Bank v. Engelbercht (Neb.) 687.

the year to redeem expired is made as credit$ 13. Receivers.

or, and does not annul foreclosure sale.--DareIn foreclosure, the rents and profits cannot be lius v. Davis (Minn.) 214. diverted from tenant in possession under mort- On foreclosure of whole of mortgage property gagor, except by receiver appointed under Code for installment of mortgage debt, neither secCiv. Proc. $ 200.---Huston v. Canfield (Neb.) ond mortgagee nor his assignee held estopped to 763; Canfield v. Same, Id.

redeem.-Darelius v. Davis (Minn.) 214.

[ocr errors]

Where, through fraud by owner of realty and To publish ordinances in book form is to reholder of certificate on foreclosure sale by cord them "in a book kept for that purpose," first mortgagee, trustee of subsequent mort- as required by the city's charter.-Allen v. City gages was prevented from redeeming, held, that of Davenport (Iowa) 532. he could sue in equity for relief.-Nolan v.

Proceedings of council appointing street comDyer (Minn.) 786.

missioner held invalid. State v. Alexander

(Iowa) 841. MOTIONS.

83. Officers, agents, and employés.

Street commissioner held to hold over by failArrest of judgment in civil actions, see "Judg- ure of council to appoint successor at time fixed

ment," $ 4. Change of venue in civil actions, see "Venue,"

by ordinance.-State v. Alexander (Iowa) 841. 8 3.

$ 4. Contracts in general. Direction of verdict in civil actions, see “Trial," City council of Little Falls held to have au8 4.

thority to make time contract with water comDismissal or nonsuit on trial, see “Trial," $ 4. pany for hydrants to supply water for fire proNew trial in criminal prosecutions, see "Crim- tection.-Flynn v. Little Falls Electric & Wainal Law," $ 7.

ter Co. (Minn.) 38. Opening or setting aside default judgment, see

Thirty years held an unreasonable length of "Judgment," $ 3.

time to bind city to take water supply for Presentation of objections for review, see "Ap- fire protection.-Flynn v. Little Falls Electric peal and Error," $ 3.

& Water Co. (Minn.) 38. Relating to pleadings, see "Pleading," $ 8. Striking out evidence, see "Trial," § 2.

Where a village retains benefits under a con

tract which it has power to make, but which is A notice of hearing of a motion to tax costs void because irregularly executed, a recovery held to have been unnecessary.-Manning v. Nel- may be had on a quantum meruit without showson (Iowa) 503.

ing a ratification by the village.-Lincoln Land Rule 2 of practice of the district judges (Mc-Co. v. Village of Grant (Neb.) 349. Clain's Ann. Code, p. lvii., preface), relating to Where a village retains substantial benefits notice of trial in any case once continued where under a contract which it is authorized to make, an answer is on file to bring the cause to trial, but which is void because irregularly executed, does not apply to hearing of motions.-Manning it is liable for the reasonable value of the benv. Nelson (Iowa) 503.

efits.-Lincoln Land Co. v. Village of Grant

(Neb.) 319. MUNICIPAL CORPORATIONS. That mayor and member of council were sub

scribers to corporation, and liable for unpaid See, also, “Counties"; "Schools and School Dis- subscription in event of insolvency, does not tricts," $ 1; "Towns."

make contract between city and corporation inInjunctions affecting, see “Injunction," $ 1.

valid, they being no longer stockholders.--City Mandamus, see "Mandamus," $ 1.

of Broken Bow v. Broken Bow Waterworks Co. Ordinances relating to intoxicating liquors, see

(Neb.) 1078. “Intoxicating Liquorg."

§ 5. Public improvements - Power to Street railroads, see "Street Railroads."

make improvements. $ 1. Creation, alteration,

The illegality of a contract by a city to pay

existence, for street paving heid not cured by the fact that, and dissolution. Ordinance fixing wards of city can be amend were sold to meet the obligations thereunder.

pending the suit to cancel the contract, bonds ed or repealed only by another ordinance, and -Allen v. City of Davenport (Iowa) 532. not by resolution.-Cascaden v. City of Waterloo (Iowa) 333.

8 6. Ordinances and resolutions. Under Code, 88 641, 680, wards of city must

An ordinance held valid, though made under a be changed by ordinance, and not by resolution. statute that had been repealed by another stat---Cascaden v. City of Waterloo (Iowa) 333.

ute containing similar provisions.-Allen v. City Under 1 McClain's Code, $$ 569, 570, provid

of Davenport (Iowa) 532. ing for proceedings before the district court for board of equalization, under Comp. St. 1897, c.

Notice of the sitting of the city council as a the incorporation a town, the petition must be presented to the court, and not the judge. - 12a, $$ 73, 85, is a prerequisite to legal action. State v. Council (Iowa) 474.

Medland y. Connell (Neb.) 437. One not a party to proceedings to incorporate $ 7.

Contracts. a town is not prevented, by recital in the order

A paving assessment was sustained, though appointing commissioners to call an election that the grade of the street was established after the they were had before the court, to show they contract for paving was made.-Allen v. City of were had before the judge.--State v. Council Davenport (Iowa) 532. (Iowa) 474.

A paving contract requiring the contractor to § 2. Proceedings of council or other not to provide for an expenditure for repairs of

replace defective materials at his expense held governing body. Resolution of city council not adopted by ma

streets, within Code 1873, § 465.-Allen v. City jority of whole number of council, as required

of Davenport (Iowa) 532. by Code, g 683, is void.-Cascaden v. City of

A contract to pave a street “40 feet wide, Waterloo (Iowa) 333.

less car tracks, 15 feet,held to include space Where ordinance divides city into four wards, of Detroit (Mich.) 307.

I between the flanges of the rails.-Grant v. City resolution changing two of them, and creating fifth, is void, under Code, $ 681, when not con- $ 8. Damages. taining "the entire ordinance or section revised Where abutting property is damaged by peror amended.-Cascaden v. City of Waterloo manent grading of a street, the corporation is (Iowa) 333.

liable to the owners of such property.-City of The failure of a city to record its ordinances Omaha v. Flood (Neb.) 379. as directed by its charter does not make them Elements for considering damages on change void.-Allen v. City of Davenport (Iowa) 532. of grade in street determined. City of Omaha Ordinances published in book form are pre

v. Flood (Neb.) 379. sumed to have been signed by the mayor.--All The measure of damages to abutting property len v. City of Davenport (Iowa) 532.

by change of grade is depreciation in value

[ocr errors]

caused by construction and permanent mainte- Recitals in ordinance declaring new street nance of the grade.-City of Omaha v. Flood open hold not competent to establish jurisdic(Neb.) 379.

tion of city council to levy special tax.-Merrill Abutting owner's cause of action for injuries v. Shields (Neb.) 368. on change of grade accrues on the completion A city council of a metropolitan city cannot of the grade.-City of Omaha v. Flood (Neb.) pass an ordinance levying a special tax until, as 379.

a board of equalization, it has determined the Right of action for damages to abutting own- sum to be assessed.-Medland v. Connell (Neb.) er by use of street for highway by railway 437. arises immediately on such use.-Kuhl v. Chi

An assessment for a completed sewer will cago & N. W. Ry. Co. (Wis.) 155.

not be set aside on certiorari, where the charter Construction of railroad in street by consent was substantially complied with, and relator of a butting owner gives him immediate right knowingly remained silent during the construcof action for consequential damages.-Kuhl v. tion of the work.-State y, City of La Crosse Chicago & N. W. Ry. Co. (Wis.) 155.

(Wis.) 167. 8 9. Assessments for benefits and $10. Enforcement of assessments special taxes.

and special taxes. Expense of grading that was necessary in or- City charter construed, and held, that lien of der to pave held properly included in a paving assessment for local improvements is paramount assessment.-Allen v. City of Davenport (Iowa) to all other interests therein.-Morey v. City of 532

Duluth (Minn.) 829. A special assessment for paving is not a “tax

$11. Torts. for city purposes,” within the statute exempting lands used for agricultural purposes from such

Where a city indirectly receives pay for the taxes.-Allen v. City of Davenport (Iowa) 532.

use of a steam road roller, it cannot escape lia

bility for negligence in operating it on the ground A paving assessment is invalid where the con- that it was performing a public duty.- McMatract for the paving is void.-Allen v. City of hon v. City of Dubuque (Iowa) 517. Davenport (Iowa) 532.

Distinction between actions on corporate conA paving assessment held valid, though illegal tracts in excess of the powers of a city and charges for grading and interest were included : actions against corporations for injuries by therein.-Allen v. City of Davenport (Iowa) 532. torts of officers in the course of its business in

The front-foot rule proper in making assess- excess of its powers stated.-Sacks v. City of ments for street paving.-Allen v. City of Minneapolis (Minn.) 563. Davenport (Iowa) 532.

City maintaining water plant for use of fire Record in condemnation proceedings consid- ; department held not liable for negligence of its ered, and held, that certain numbers should officers in permitting hydrants to become clog. read $560 and $1,860, respectively, and not ged.- Miller v City of Minneapolis (Minn.) 788. $56 and $186.-State v. Hunt (Minn.) 301. Charter provisions of cities of the first class

Mortgagees are held, under charter of Duluth, held to impose direct liability on cities for inentitled to oppose confirmation of special as- juries from defective sidewalks.-City of Linsessment.-Morey v. City of Duluth (Minn.) 829. coln v. O'Brien (Neb.) 76. Where city took possession, under deed, of land

Comp. St. c. 13a, $ 67, subd. 6, making on which there was a mortgage, assessing costs, the duty of abutting owners to repair sideon abutting owners without extinguishing mort- walks, held not to relieve the city from that gage lien held not to affect the validity of the duty and consequent responsibility.-City of judgment confirming the assessment. - Morey v. Lincoln v. O'Brien (Neb.) 76. City of Duluth (Minn.) 829.

City charged with duty of maintaining sideUnder Sp. Laws 1891, c. 35, $ 26, where as

walks held liable for injuries to traveler caused sessment for special benefits by a public park is by, city's negligence. — City of Lincoln not confirmed within four months. jurisdiction O'Brien (Neb.) 76. to confirm is lost.---State v. District Court of Special findings in action against city and Ramsey County (Minn.) 968.

contractor for injuries caused by defective Sp. Laws 1891, c. 35, where part of a lot is sidewalk held inconsistent.-Benson v. City of taken for public purposes, does not provide for Madison (Wis.) 161. assessing double benefits on the balance of the Evidence held insufficient to show that a city tract.-State v. District Court of Ramsey Coun- sidewalk covered with snow, on which plaintiff ty (Minn.) 968.

fell and was injureil. was defective, or to entiUnder Sp. Laws 1891, c. 35, property special- tle her to recover.-Hyer v. City of Janesville ly benefited by a pak cannot be assessed for (Wis.) 729. more than actual benefits.-State District The stoppage of surface water by grading Court of Ramsey County (Minn.) 968.

streets, causing an orerflow of contiguous propThe cost of a public park, to the extent that erty, held not an act on which an action for it is a special benefit, may be assessed on propi Harp v. City of Baraboo (Wis.) 744.

damages against the city can be predicated. erty specially benefited.-State v. District Court of Ramsey County (Minn.) 968.

The arrangement of ditches by a city in gradWhere work on a public improvement was ing its streets, causing surface water to flood never completed and wholly abandoned by a contiguous property, held not actionable.-Harp city, an abutting owner paying an assessment

v. City of Baraboo (Wis.) 744. thereon is entitled to recover the amount paid from said city. McConville v. City of St. $ 12. Fiscal management, public debt, Paul (Minn.) 993.

securities, and taxation.

Taxpayer has right of action to restrain city City council of a city of the metropolitan from holding election in new ward claimed to class cannot sit as board of equalization to levy have been illegally created, and from expending special taxes for improvement of street until public revenues in defraying expenses of freeholders assessing damages has Cascaden v. City of Waterloo (Iowa) 333. been confirmed.-Merrill v. Shields (Neb.) 368.

A city held powerless to contract to pay for Burden of proof is on one asserting a lien street paving after its constitutional limit of inunder a special tax to show compliance with debtedness was reached, though it expected to statutory requirements. Merrill v. Shields reimburse itself from special assessments.-Al(Neb.) 368.

i len v. City of Davenport (Iowa) 532.

[ocr errors]
[ocr errors]
[ocr errors]

Funds raised by assessment for certain street Wind held not the proximate cause of an inpaving cannot be used to pay for other paving.- jury caused by glass which it blew from a Allen v. City of Davenport (Iowa) 532.

broken windowpane upon a pedestrian.-Detzur A city using funds raised by assessment for

v. B. Stroh Brewing Co. (Mich.) 948. street paving to pay for other paving held to in- $ 2. Contributory negligence. crease its indebtedness, within the constitutional

The doctrine of comparative negligence does provision fixing the limit of indebtedness.-Allen

not exist in Nebraska.-Missouri Pac. Ry. Co. v. City of Davenport (Iowa) 532.

v. Fox Neb.) 130. Bonds issued to pay for street paving held in- An instruction that plaintiff was required to valid where the contract for the paving was

use only such care as a reasonable and pruvoid.-Allen v. City of Davenport (Iowa) 532.

dent person would exercise held to excuse an A misrecital of the statute under which an or omission to define ordinary care.-Omaha St. dinance authorizing bonds was passed held not Ry. Co. v. Emminger (Neb.) 675. to invalidate the bonds.-Allen v. City of Daven

$ 3. Actions. port (Iowa) 532.

Whether the owner was negligent in leaving Certain land in a city held not to be occupied broken glass in a window of his building held for agricultural purposes, within the statute ex- for the jury.-Detzur v. B. Stroh Brewing Co. empting_such land from city taxes.-Allen v. (Mich.) 948. City of Davenport (Iowa) 532.

In action for injuries caused by negligence, Taxpayer may sue to restrain city council evidence or precaution to prevent similar injufrom paying out money on void contract.- ries after happening of the one complained of is Flynn v. Little Falls Electric & Water Co. inadmissible.-Green Ashland Water Co. (Minn.) 38.

(Wis.) 722. $ 13. Claims against corporation.

Where claim against city had been disallowed NEGOTIABLE INSTRUMENTS. by failure to act thereon within 60 days, and no appeal had been taken as allowed within 20 See “Bills and Notes." days from such disallowance, a subsequent formal disallowance did not revive the right to appeal. --Seeger v. City of Ashland (Wis.) 880.


Ground for new trial in civil actions, see “New Under Comp. St. c. 13a, $ 36. statement of Trial," $ 2. claim for injuries by defective sidewalks must describe the place with certainty.-City of Lin

NEW TRIAL. coln v. O'Brien (Neb.) 76.

Notice of claim for damages for injuries Costs, see "Costs," $ 4. caused by defective sidewalk held sufficiently in criminal prosecutions, see “Criminal Law." specific.- City of Lincoln v. O'Brien (Neb.) 76. $ 7.

Notice to city of injuries caused by defective Necessity of motion for purpose of review, see sidewalk held insufficient.--Benson v. City of Opening or vacating judgment, see “Judgment,"

“Appeal and Error," $ 3. Madison (Wis.) 161.

Instruction in action against city and con- Remand by appellate court for new trial, see tractor for injuries caused by defective side- "Appeal and Error," $ 30. walk held erroneous.- Benson v. City of Madison (Wis.) 161,

§ 1. Nature and scope of remedy.

It is not error to refuse to impose payment of

costs as a condition of granting a new trial.MUTUAL INSURANCE COMPANIES. Park v. Electric Thermostat Co. (Minn.) 988. See "Insurance," § 2.


A verdict manifestly against the evidence and

the instructions, which are not complained of, NATIONAL BANKS.

is properly set aside.-Battin v. City of Mar

shalltown (Iowa) 493. See “Banks and Banking," $ 3.

Remarks of counsel, though improper, held no

ground for reversal.--Kimball Bros. v. Deere, NAVIGABLE WATERS.

Wells & Co. (Iowa) 1041. See "Waters and Water Courses."

An affidavit filed in support of the motion for a new trial, stating what certain jurors said to

affiant as to their proceedings in the jury NEGLIGENCE.

room, held hearsay and incompetent to impeach

verdict.-Stevenson v. Detroit & M. Ry. Co. Measure of damages, see "Damages," $ 2. (Mich.) 247. By particular classes of parties.

Making a new trial in an action for personal in

juries dependent on a refusal to remit part of the See "Carriers," $ 1.

verdict, where the amount of unliquidated damTelegraph or telephone companies, see "Tele- ages is the only question involved, is not error. graphs and Telephones," $ 1.

- Detzur v. B. Stroh Brewing Co. (Mich.) 918. Condition or use of particular species of property,

Where the preponderance of evidence against works, or machinery.

a verdict is great, held an abuse of discretion See "Highways," 8 4; “Street Railroads," $ 2.

to deny a new trial.-In re Rivenburgh's Estate

(Minn.) 422; Voge v. Penney, Id. Demised premises, see “Landlord and Tenant," 8 5.

Refusal of new trial to allow plaintiff opporContributory negligence.

tunity to show act of defendant as to the trans

action 13 months after action tried held not erOf servant, see “Master and Servant," $ 7.

ror.-Smith v. Fletcher (Minn.) 800. $ 1. Proximate cause of injury.

Where motion for judgment notwithstanding The existence of a concurring cause will not the verdict is denied, the party moving is not enrelieve defendant if his negligence was the prox- titled, as a matter of right, to a new trial.--imate cause of the injury.-Pratt v. Chicago, R. Cruikshank v. St. Paul Fire & Marine Ins. Co. I. & P. Ry. Co. (Iowa) 1061.

(Minn.) 958.


[ocr errors]

Grant of second new trial held, under the evi-juror, held to show that accused used the words dence, not an abuse of discretion.-Park v. Elec- charged for an unlawful purpose.--State v. tric Thermostat Co. (Minn.) 988.

Dankwardt (Iowa) 495. Affidavit in support of motion on ground of An indictment under Code 1873, 8 3946, pronewly-discovered evidence should state the na- viding for punishing attempts to influence a ture of such evidence.-German Ins. Co. v. Fred- juror, held not insufficient, as following the lanerick (Neb.) 1106.

guage of the statute.--State V. Dankwardt $ 3.

(Iowa) 495. Proceedings to procure new trial. Assignment of error relative to instructions

An indictment under Code 1873, § 3916, progiven, if en masse, will be overruled if without viding for punishing attempts to influence a juforce as to one instruction.-McIntyre v. Union ror, held not at variance with the evidencePac. Ry. Co. (Neb.) 57.

State v. Dankwardt (Iowa) 495.

An indictment under Code 1873, § 3946, proNEXT OF KIN.

viding for punishing attempts to influence &

juror, held to show that the means used to acSee “Descent and Distribution."

complish the end

unlawful.-State V.

Dankwardt (Iowa) 495.

For office, see "Elections," § 1.

Of easements, see "Easements," $ 2.

Of highways, see "Highways," $ 4.
Before trial, see "Dismissal and Nonsuit."

On trial, see “Trial,” $ 4.

Of proof, see "Trial," $ 2.

Promissory notes, see "Bills and Notes."

Injunctions affecting, see "Injunction," $ 1. NOTICE.

Mandamus, see "Mandamus," $ 1.

Particular classes of officers. of particular facts, acts, or proceedings. See “Lis Pendens."

See "Clerks of Courts"; "Judges": "Justices

of the Peace"; "Receivers"; "Sheriffs and Loss insured against, see "Insurance," $ 11. Constables." Nonpayment or protest of bill or note, see "Bills Corporate officers, see "Corporations,” $$ 3, 4. and Notes," $ 5.

County officers, see “Counties," $ 1.

Municipal officers, see "Municipal Corporations," NOVATION.

§ 11.

State officers, see "States," $ 1. An agreement between three persons, by Town officers, see "Towns," $ 1. which the first is to pay the third a debt due him from the second, who is to be released, con

$ 1. Possession of office. stitutes a novation.-Martin v. Curtis (Mich.) session from exercising duties of an office, in

Injunction does not lie to restrain officer in pos690.

action to test his right thereto. --State v. AlexNUISANCE.

ander (Iowa) 841. Violation of liquor laws, see “Intoxicating Liq

OPENING. ors," $ 5. 8 1. Private nuisances.

Judgment, see "Judgment," 88 3, 7. Act of street railway company in using tracks for its car barn held not a private nuisance for

OPINION EVIDENCE. which adjoining landowner can recover.-Romer v. St. Paul City Ry. Co. (Minn.) 825.

In criminal prosecutions, see “Criminal Law."" An essential ingredient of a nuisance is its

$ 4.
unlawful character.-City of Omaha v. Flood
(Neb.) 379.

Obstruction of a public street by competent At trial, see “Trial," § 2.
legal authority is not a nuisance.-City of
Omaha v. Flood (Neb.) 379.

ORDERS. $ 2. Public nuisances.

An improvement in a public street is not a Review of appealable orders, see "Appeal and nuisance, though it damages adjacent property, Error." and interferes with its enjoyment.--City of Omaha v. Flood (Neb.) 379.


Municipal ordinances, see "Municipal Corpora-
OBLIGATION OF CONTRACT. tions," 88 2, 5-10.
Laws impairing, see “Constitutional Law," $ 5.


See, also, "Adoption"; "Bastards”; “Guardian An indictment under Code 1873, $ 3946, pro

and Ward." viding for punishing attempts to influence a Custody of children on divorce, see "Divorce," juror, held to sufficiently charge that accused

$ 5. knew such person was a juror.-State v. Dankwardt (Iowa) 495.

The right of a parent to the custody of a

child is not lost by relinquishment under cirAn indictment under Code 1873, § 3946, pro- cumstances of temporary caprice or discourviding for punishing attempts to influence a | agement.-Norval v. Zinsmaster (Neb.) 373.

« PreviousContinue »