Under the express provisions of Rev. St. 1 Burden of proving a subsequent mortgagee's Under Comp. Laws, § 11,139, a sale on fore- Rights of a purchaser at a void foreclosure Under Code Civ. Proc. § 848, prior to the It is competent, in a proper case, to de- A petition in an action to recover on a debt. Assignment of mortgage or debt. The detaching of interest coupons from a An assignee of a mortgage held to acquire no § 5. The failure of the clerk to attach his seal to with," in the meaning of the statute, if filed Where the return on sale under foreclosure To entitle a mortgagee, who has taken a Where transcript of a judgment has been Payment or performance of con- A mortgagee's deposit in court as payment 6. Foreclosure by exercise of power A sale, under a power in a mortgage in gross, Under Comp. Laws 1887, §§ 3272, 5411, 5412, § 7. Foreclosure by action. Code, § 3843, authorizes a proceeding before A mortgagee, who forecloses his mortgage A foreclosure sale is not a cancellation of the Where a decree of foreclosure provides that that the notice does not state that the tracts are Where a sale on foreclosure was made to the Though parol evidence is admissible to show was In an action to foreclose mortgage, the fact The dismissal of a suit to foreclose on mo- The allegations and prayer of a complaint in 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. on 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- 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." Validity of act authorizing reassessment for § 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 to 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 Where a bid filed within the time fixed by | § 9. A city can contract for the erection of any Under Comp. St. 1901, c. 14, art. 1, §. 69, A property owner held not to have property Unless a party is entitled to notice of pro- Assessments for benefits, and Under Pub. Acts 1895, No. 215, p. 478, c. 30, Comp. St. 1901, c. 12a, § 158, relative to the The levy of an assessment against abutting § 10. Police power and regulations. Comp. Laws, § 5923, defining certain acts Under Laws 1890, pp. 84, 86, c. 37, art. 11, Under Laws 1890, pp. 84, 86, c. 37, art. 11, §§ § 11. Torts. Property owner, who voluntarily connected Pedestrian, whose foot slipped into a hole in Slipping of pedestrian's foot into hole in the Question whether a city, in repairing a street, The duty of a city extends to keeping high- court in the matter of a claim for injury from Rev. St. 1898, § 1210d, held not unconstitu- Under Laws 1893, p. 516, c. 310, § 6, and Under Rev. St. 1898, § 1210d, a reassess- disbelieved plaintiff's testimony, which was pos The sufficiency as to form of a notice of an Whether defendant was negligent in sudden- Whether a driver was negligent in attempting § 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. 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 Plaintiff held not entitled to new trial on the surer's motion for a new trial on the ground of newly discovered evidence should have been The loss of the files, where no effort is made A failure to return a bill of exceptions within The grant of a new trial for insufficiency of The fact that the trial judge believes the 3. Proceedings to procure new trial. The trial court can order a reduction of an Requirement of Rev. St. 1898, § 2878, as Requirement of Rev. St. 1898, § 2878, as 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 Breach of warranty, see "Sales," § 4. Local improvements, see "Municipal Corpora- Personal injuries, see "Municipal Corporations," To particular classes of parties. NUISANCE. Anticipated nuisance as ground of action, see Obstruction of water course, see "Waters and 1. Private nuisances. A tile drain is not a permanent structure, Where there is no right of action to restrain, § 2. Public nuisances. Evidence held sufficient to show a nuisance, Under Code, § 4302, a person held to have a Trees in a street are not necessarily a nui- OBJECTIONS. Presentation of grounds for new trial, see OBLIGATION OF CONTRACT. Laws impairing, see "Constitutional Law," § 5. OFFER. Of judgment, see "Judgment," § 1. OFFICERS. Affecting priority of mortgages, see "Mort- Assignment of salary of public officer as con- Of particular faets, acts, or proceedings. Action or process, see "Process," $ 1. trary to public policy, see "Contracts," § 1. Embezzlement, see "Embezzlement." |