1

Errors waived
Presumption of

ments of er

23-38.
Necessity of rais

to instructic
Rules of court,

structions not

quired by. 2
Rules of court, fa

structions not

compliance wit
Dismissal.

Joint bill of excep

fendants too

separate demurr
ants, motion to

APPEAL AND ERROR.
ALTERATION.

In contempt proceeding, see CONTEMPT.
Of railroad route, see RAILROADS.

Jurisdiction of United States Supremo

Court.

Injunction, appeal from order refusing
ALTERATIONS.

interlocutory injunctions in suit to

restrain enforcement of orders of
By tenant, see LANDLORD AND TENANT. Secretary of Agriculture in aid of

the Federal Packers and Stock.

yards Act. 23-229.
AMENDMENT.

Appeal bond.

Jurisdiction as affected by absence of
Of pleading, see PLEADING.

that separate bir

filed by each def
Evidence.
New trial, testimony h

motion not consi
where it was not
term at which the
23–1374.

Presumptions.
New trial, presumption t

were

seen

Municipal power to execute appeal bond. Decisions in favor of party.

23-661.
Separate appeals by codefendants, filing Instruction as to amount of party's lia-
of bond sufficient to secure costs by

bility, if liable at all, right of de-
one appellant as .conferring jurisdic-

fendant to complain of award of less
tion of the other appeal, 23–661.

than the instructions required. 23-

308 (case p. 302).
Bill of exceptions.
Continuance, refusal to consider ruling Estoppel to raise objection.

on motion for, when not brought up Rehearing, estoppel of counsel on, to at-
by bill of exceptions. 23-1374.

tack power of court to make a rul-
Joint bill of exceptions by three code-

ing invited by them. 23–1393.
fendants to overruling of three
separate demurrers by such defend-

Discretionary matters.
ants. 23-925.

Continuance until return of letters

rogatory, abuse of discretion in re-
-time for.

fusing. 23-1227.
Bills not filed within time prescribed by New trial in criminal.case, affidavit that
law not considered in absence of suf- two men

near place of
ficient reason for delay. 23–1374.

crime and that one told the other to
Tender to clerk of court of bill of ex- hurry, but that accused was not one

ceptions not approved by judge on of them, as showing abuse of discre-
the last day of the time allowed for tion in refusing. 23–1374.
filing. 23–1374.

New trial, review of discretion in refus-
Assignments of error.

ing, because of verdict contrary to
Waiver of assignments of error by fail-

instructions. 23-302.
ure to argue in brief, see infra.

Errors waived or cured below.
Grouping incorrectly into an assignment Attorney's power to waive compliance

of error of matters sought to be wit court rules. 23--48.
urged on appeal. 23-48.

Judgment, waiver of objection that at-
Grouping of specifications of error. tack on, is collateral. 23–965.
23-48.

as to pleadings.
Briefs.

Striking out portion of complaint, waiv-
Waiver of assignments of error by fail- er of exception to, by amending and
ure to argue in brief. 23-38.

joining issue on demurrers to amend-

ed complaint. 23-537.
Errors waived in appellate court.
Presumption of abandonment of assign- Review of facts.

ments of error not argued in briefs. Conclusiveness of verdict finding negli-
23-38.

gence, approved by lower court.

23-38.
Necessity of raising questions belowmas

Directed verdict, ruling of court upon
to instructions.

motion by both parties for, as having
Rules of court, failure to except to in-
structions not settled in manner re-

the same force on appeal as the ver-
quired by. 23-50.

dict of a jury. 23-1425.
Rules of court, failure to object to in-

On appeal from appellate court. 23-887.
structions not prepared in strict

What errors warrant reversal.
compliance with. 23-50.
Dismissal.

Infringement of right of accused to com-
Joint bill of exceptions by three code-

municate with his attorney. 23-
fendants to overruling of three 1391 (case p. 1374).
separate demurrers by such defend-

- as to pleadings.
ants, motion to dismiss on ground
that separate bill should have been

Amendment to present substantial de-
filed by each defendant. 23-925.

fense, reversible error in refusing to

permit, although cause has been set
Evidence.

for trial, and jury is present, ready
New trial, testimony heard in support of

to be impaneled. 23-661.
motion not considered on appeal,

as to instructions.
where it was not filed during the
term at which the case was heard.

Homicide, failure of court to give to jury
23–1374.

correct rule with respect to effect of
delirium tremens

as

a defense.
Presumptions.

as

Homicide, instruction on law of self-de-

APPOINTMENT.
fense, which there is no evidence to
support,

prejudicial error. Power of, see POWERS.
23-1551.
Homicide, instruetion upon voluntary

manslaughter, based upon sudden
affray rather than upon reckless use

APPORTIONMENT,
of weapon. 23–1551.
Rules as to settling of, failure to comply

Of costs, see COSTS AND FEES.
with, strictly. 23-50.
Rules for preparation and giving of, wil.
ful disregard of, by trial court.

APPRAISAL
23-50.
Theory of recovery or defense, duty of Of insurance loss, see INSURANCE.

court to submit to jury under proper
instructions. 23-270.

APPLIANCES.

ASSIGNMENTS OF ERROR.
Master's duty as to, see MASTER AND
SERVANT.

See APPEAL AND ERROR.
Italic type indicates points with annotation; roman type, points without.

-transfer of stock.
Public regulation and control of.

1 Assignee's right to maintain action at law

in his own name on certificate of
Applicability of motor vehicle regula.

shares of bank stock. 23-1317.
tions to public officials or employees.
23-418 (case p. 414).

- stockholders' liability.

Set-off in actions to enforce stockholder's
- registration; license.

liability, see SET-OFF AND COUNTER-

CLAIM.
Public officials or employees, applicabil.
ity to, of regulations as to registra-

Payments by stockholders applicable
tion and licensing of motor vehicles.

upon double liability. 23-1367
23-418 (case p. 414).

(case p. 1354).

Insurance against liability for injury by Compulsory collection of assessment on

automobile as affected by fact that stockholder to make good impaired
the car was being operated by unli- capital of bank; section of statute
censed driver. 23-1467.

providing for, held void for inconsiste
Municipality's duty to obtain license to ency with other sections. 23–1354.
operate motor vehicles. 23-414.

Estoppel of stockholders to recover pay-
Trespasser, automobile operated by unli- ments illegally exacted to replace
censed driver as. 23-1467.

Deposits.

Liability of indorser.
Written order as necessary to authorize Conditional vendor's right to recover

bank to make payment from funds against indorser on purchase-money
on deposit. 23-1279.

note, where, after beginning action

on the note, he retakes the property.
certificate of deposit.

23–1460.
Running of limitations against, see LIMI-

TATION OF ACTIONS.
Place for demand where bank discontina

BILLS OF EXCEPTIONS.
ues business at place where certifi-
cate was issued. 23-1.

See APPEAL AND ERROR.
Time within which demand must be made.

23-1.

BILLS AND NOTES.

BRASS FOUNDRY.
Checks, see CHECKS.
Frand with respect to negotiable paper, Noise from operation of, as nuisance.
see FRAUD AND DECEIT.

23-1409.
Italic type indicates points with annotation; roman type, points without.