See LIMITATION OF ACTIONS, 2, 3.
See CONSTITUTIONAL LAW, 3. JURISDICTION, 3.
ACKNOWLEDGMENT.
See DEEDS, 1. LIMITATION OF ACTIONS, 5.
1. The Trustee of an Express Trust may bring an action
in his own name without joining the name of the assignor.
Seymour v. Street....
2. If a Cause of Action is exclusively based upon the full per-
formance of the terms and conditions of a prior agreement
between other parties, the primary inquiry is, whether such
agreement was made a contract between the parties to the
action, and if so, whether it was fully executed.
·: CONTRACT AGAINST PUBLIC POLICY. An action can-
not be maintained for the consideration of a contract upon
an alleged performance by the plaintiff, if such contract is
against public policy. Id.....
If such contract is fully executed the court
will not disturb it, but leave the parties to abide the conse-
quences; if it is not executed the court will not lend its aid
to carry it into effect. Id.....
5. Supervisor of Roads. An action will not lie against a
supervisor of roads by an individual for injuries occasioned
by reason of a defect in a public road or bridge.
v. Dewey..
6. An Action to restrain collection of taxes levied on a home-
stead, to which the owner has the right to make final proof
and complete his title, will not lie. Bellinger v. White..... 399
7. Promissory Notes. A note taken for a pre-existing debt
will not discharge the original cause of action, unless it is by
express agreement taken in payment of such prior debt and
at the risk of the creditor. Young v. Hibbs.....
... 433
8. Foreclosure of Tax Lien. An action to foreclose, by a
purchaser of land at a tax sale, will not lie until the expira-
tion of the two years allowed the owner to redeem the land,
nor until there is a failure of the title acquired by him under
the law. Peet v. O'Brien..
See ATTACHMENT, 4, 5. COUNTY TREASURER, 2, 3, 4.
LIMITATION OF ACTIONS. MORTGAGE, 1, 6. PLEADING,
3, 6. PRACTICE, 32, 33. SHERIFF.
ADMISSIONS.
See PLEADING, 7.
ADULTERY.
See CRIMINAL LAW, 1, 2, 3.
See ATTACHMENT, 2, 3. CONSTITUTIONAL LAW, 5.
1. Appeal from Probate Judge. A party appealing from a
judgment of a probate judge has ten days within which to
give the undertaking in appeal; and until the second day of
the term next thereafter to deliver the transcript to the clerk
of the appellate court. Bruner & Neligh v. Folk..
2. The power conferred by section 602 of the civil code is
only that of further proceedings, for the causes enumerated,
in an action after judgment; and are therefore merely special
proceedings in an action, and are not an original action, and
therefore not appealable. Iler v. Darnell.......
3. An Appeal will lie to the supreme court from the final judg-
ment of the district court, in an action brought to set aside a
judgment of a justice of the peace, and to obtain a new trial.
Horn v. Queen....
See PRACTICE, 8. JURISDICTION, 5.
See NEGOTIABLE INSTRUMENTS, 1.
1. All Necessary Expenses of the government for the years
1875-1876, should be paid out of the appropriation for such
years; unexpended balances thereof lapse into the treasury,
and cannot be drawn out for expenses incurred during the
years 1877-1878; nor can the appropriations for 1877-1878,
be resorted to for the purpose of supplying deficiencies of
1875-1876. Opinion of the Judges.....
566
2. In the Absence of a Repealing Act, or an act of limita-
tion, it does not matter how long after the money provided
for in an appropriation act is earned, that it is applied for.
As to it, the act will continue in force and operation until the
money is drawn from the treasury. Id..
566
1. Attachment. A debt due upon a note or bill overdue, is
subject to attachment and garnishment. Nesbitt v. Camp-
bell.....
2. Practice: AMENDMENT. An affidavit for the issuance of an
attachment may be amended by leave of the court, even after
a motion to quash the proceedings is filed because of that
particular defect. Struthers v. McDowell.....
... 491
It is not error for the court to permit the officer
before whom the affidavit was made, to attach a venue accord-
ing to the fact, even after a motion has been filed to dismiss
the attachment on the ground of its omission. Id......... 491
4. Undertaking: ACTION ON. In an action on an undertak-
ing in attachment the petition should allege that the order
was wrongfully sued out. Eaton v. Bartscherer....
It is not enough to state in the petition that
the attachment was quashed, and the property released by
proceedings in error. Id....
1. Attorney's Lien. An attorney has a lien upon a judgment
to the extent of his reasonable fees and disbursements in the
suit in which it was obtained. And this right is paramount
to the rights of the parties in the suit. Griggs v. White........ 467
: DEFENDANT CANNOT AVOID LIEN BY PAYMENT TO
CREDITORS. Where a defendant against whom judgment
has been recovered has notice of such lien, he cannot evade
the payment of the sum actually due for such services by pay-
ment to the creditor of the amount of the judgment. Id.... 467
: ASSIGNMENT OF. But where attorneys have rendered
services in a case, but have filed no notice of a lien, the mere
assignment of their account to parties claiming a lien will
not authorize the latter to enforce such claim against the
debtor. The right to a lien against a debtor is restricted to
the claim set forth in the notice. Id.......
AUDITOR OF PUBLIC ACCOUNTS.
See APPROPRIATIONS. CONSTITUTIONAL LAW. OFFICER.
1. A Discharge in bankruptcy has the same effect in law as
payment of the debts, and such discharge cannot be assailed
for fraud in a collateral proceeding. Seymour v. Street..... 85
1. Liability of Banker. Where a banker receives a nego-
tiable instrument for collection, it is his duty to cause it to be
presented for payment at maturity, and if refused, protested,
so as to charge the indorser. Steele v. Russell...
The failure to perform this duty will render him liable
for damages thereby occasioned. Id.....
3. Solvency of Indorser. In an action to recover for such
damages the solvency of the indorser is a material inquiry. Id. 211
: DEFENSE. It is competent for the defendant in such
action to prove that the indorser was, and continues to be in-
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