INDEX.

ABATEMENT.

See LIQUOR SELLING, 7. PRACTICE IN CRIMINAL CASES, 8.

ACCEPTANCE.

See NEGOTIABLE Instruments, 12.

ACCOUNTS.

See PLEADING, 7.

ACTION.

1. Husband and Wife. A married woman may, while living with her husband, maintain an action in her own name against him, on a promissory note made and delivered by him to her since the marriage. May v. May........ 16

2. Practice:

3.

INDIVISIBLE DEMAND: PLEA IN BAR. The rule is well settled that an indivisible demand cannot, at the will of the plaintiff, be separated, and collected by several actions. Beck v. Devereaux...............

:

:

If a plaintiff bring an action for a part only of an entire and indivisible demand, the judgment in that suit may be pleaded as a complete bar to another action for the residue.

Id.....

4. Distinct Causes of Action. There is no rule that requires a party to join in one suit several and distinct causes of action, although he may, under certain circumstances, be required to consolidate them. Id.......

5.

: ACCOUNTS PAYABLE MONTHLY. A manufacturer of cigars furnished them to a dealer under an agreement that the amount of the account for each month was, at the end thereof, to be "due and payable,” and bills were made

109

109

109

out accordingly. Held, That the account for each month constituted a separate demand, and that a recovery of judgment upon one was no bar to an action for another. Id.... 109

6. Fraud. It is only in the exceptional cases of fraud on the part of the debtor, mentioned in sec. 237 of the code of civil procedure, that an action can be properly commenced on a claim before it is due. Green v. Raymond................. 295

7. Conspiracy and Damage. The defendants, to the number of eighteen, were engaged by the plaintiff as journeymen tailors to do tailoring work for plaintiff by the piece. They conspired together to stop work simultaneously, and return all work in an unfinished condition. On the thirtyfirst of March, 1876, they did stop work, and returned to the plaintiff various and numerous pieces or jobs of work (garments) in an unfinished state, which were entirely worthless in such unfinished condition. Plaintiff could not get any workmen to finish said jobs, to plaintiff's damage, etc. Held, that a bill of particulars in the county court, setting up the above facts, contained facts sufficient to constitute a cause of action. Mapstrick v. Ramge....... 890

See BASTARDY, 2. COUNTIES. COUNTY TREASURER. FORCIBLE ENTRY AND DETAINER. LICENSE MONEYS. LIQUOR SELLING. LIMITATION OF ACTIONS. MARRIED WOMEN. MORTGAGES, 2, 6, 10. NEGOTIABLE INSTRUMENTS. OFFICIAL BONDS. PARTNERSHIP. PERFORMANCE. PLEADING, 4, 6, 7, 13. PRACTICE, 1, 21, 53. REPLEVIN, 5, 6. SCHOOLS, 4. TAXES, 1.

AMENDMENTS.

See CONSTITUTIONAL LAW, 6.

NEGOTIABLE Instruments, 2.

ANSWER.

See NEGOTIABLE Instruments, 6, 9. PLEADING, 12, 15. PRAC-
TICE, 42, 43, 44.

APPEAL.

1. If a stay of execution be taken in the district court, no
proceedings on appeal can afterwards be had in the supreme
court. McCreary r. Pratt.

122

2. On appeal from an order confirming the sale of mortgaged
premises the supreme court will not consider a question in-
volving the merits of the original case-a question as to the
legality of the mortgage. State National Bank v. Scofield... 499

See ATTACHMENT, 9, 10. PRACTICE IN SUPREME Court, 1,
8, 8. PRINCIPAL AND SURETY, 1.

APPEARANCE.

1. A party may appear specially to object to the jurisdiction
of the court for want of proper service of summons.
love v. Woodward...........

2.-

New-

502

The mere presence of a party and his attorney in the
court room during the trial will not, of itself, constitute an
appearance.

Id.....

....... 502, 504

APPRAISEMENT.

See JUDICIAL SALE, 5.

APPROPRIATION.

See CONSTITUTIONAL LAW, 5. STATE UNIVERSITY, 2.

ARBITRATION.

See ROADS AND Bridges, 1.

ASSESSMENT.

See TAXES, 2, 6, 12.

ASSIGNMENT.

1. Promissory Notes: ALTERATION. The assignment by
the payee of an altered note transfers to the assignee all the
rights of the assignor to the original consideration. Sav-
ings Bank v. Shaffer

2. For benefit of creditors. An assignment for the benefit
of creditors, which authorizes the assignee to "sell and dis-
pose of the property, and generally convert the same into
money, upon such terms and conditions as in his judgment
may appear just and for the interest of all parties interest-
ed," is not void upon its face. Brahmstadt v. Me Whirter

8.

4.

5.

6.

7.

8.

An assignment for the benefit of all creditors, being
as between them just and equitable in its nature, will not
be declared void, unless it is clearly so. Id................

: ASSIGNEE.

The clerk of a district court may act as
assignee, and his approval of his own bond does not render
his acts void. But he may be required at any time to give
additional security. Id.............

An assignment for the benefit of creditors of "all
the lands, tenements, hereditaments, goods, chattels, prop-
erty, and choses in action, of every name, nature, and de-
scription, wherever the same be (except such property as
is exempt by law from execution),” is not void on its face.
Lininger v. Raymond ......

.

A provision in an assignment, that an assignee may
compromise choses in action when he deems it expedient to
do so, held, to give authority to compromise only doubtful
claims.

Id..

.........

A reservation in an assignment to pay over to the
assignor "the rest, residue, and remainder, if any there be
after paying said costs, charges, expenses, and debts as
aforesaid," does not render an assignment void on its face.
Id..........

: PRACTICE.

2

6

6

6

40

40

.... 40

Under the statute the entire proceed-
ings are under the supervision and control of the district
court or the judge thereof, and it is the duty of the court

or judge, upon proper application, to see that the assignee
properly discharges the duties of his trust. Id................ 40

9. Practice and Proceedings. Before the act of Febru-
ary 15, 1877, Laws 1877, p. 24, the only remedy against an
assignee for the benefit of creditors, where he neglected to
collect the assets and render them available, or to settle the
conflicting claims of creditors and adjust the respective
amounts to be paid to each, was by suit in the nature of a
bill in equity to enforce a settlement of the accounts of the
assignee and a distribution of the assets among the credit-
No suit on the original cause of action against the as-
signor could be maintained against the assignee until his ac-
counts had been settled and a decree made for distribution.
Nuckolls v. Tomlin

ors.

See MORTGAGES. NEGOTIABLE INSTRUMENTS.

353

ATTACHMENT.

1. Constitutional Law:
NON-RESIDENTS. Section 200 of the code of civil procedure,
which authorizes an attachment against the property of a
non-resident without an undertaking, is not in conflict with
any provision of the constitution of the state or of the
United States. Marsh v. Steele........
Olmstead v. Rivers........

ATTACHMENT OF PROPERTY OF

96

234

2. Proceedings in Error: MANDAMUS. Where an attach-
ment is dissolved the court may fix a time, not exceeding
twenty days, in which to file a petition in error in the re-
viewing court, and to give the undertaking required by the
statute, during which time the attached property shall be
held by the officer having possession of the same.
If no
undertaking is given within the required period, the officer
must deliver the property to the party entitled to the same,
and if he refuse to do so he may be compelled by manda-
The State, ex. rel. Rieschick, v. Cunningham............ 146

mus.

8. Dissolution. The failure of the plaintiff to attach a copy
of the instrument on which the action is brought to the pe-
tition is not a good ground for dissolving an attachment.
Such an omission can be taken advantage of only by a
proper motion, directed against the petition itself, to re-
quire a copy to be given. Olmstead v. Rivers........

..............

234