PAGE 520 BAIL 36" Burden of Proof 520 BAILMENT 520 Ballots 373 Bank Examiners 525 .... BANKRUPTCY 371 CANCELATION OF INSTRUMENTS 525 BANKS AND BANKING 529 Bar 529 Baseball 410 Caption 529 BASTARDS 410 Carlisle Tables 529 Battery 530 Beer 569 ..... BENEFICIAL ASSOCIATIONS 421 Cattle Guards 569 Beneficial Societies 569 Beneficiaries 570 Benefits 571 Best and Secondary Evidence 571 Betting 571 Bias 424 Cestui Que Trust 571 Bible 571 Bids 572 BIGAMY 424 CHAMPERTY AND MAINTENANCE 572 Billiards 572 Bill in Equity 572 Bill of Exceptions 425 CHARITIES 572 Bill of Exchange 573 Bill of Lading 425 CHATTEL MORTGAGES . 573 Bill of Particulars . 604 Bill of Sale 604 Bill Quia Timet . 604 Bills 425 Choses in Action . 604 ..... BILLS AND NOTES 601 Blacklist . 604 Blackmail 488 Circumstantial Evidence 604 Bloodhounds 604 Boarding-Houses 1604 Board of Equalization . 605 Board of Health 605 Board of Supervisors 606 Board of Transportation 488 Classification 606 Bona Fide Purchasers 488 CLERK OF COURTS 606 Bonds 488 Cloud on Title 611 Books of Accounts 611 Books of Science 611 Boulevards 611 BOUNDARIES 611 BOUNTIES 495 Collateral Attack 611 BOWLING ALLEYS 612 BREACH OF MARRIAGE PROMISE. 495 COLLEGES AND UNIVERSITIES 612 BREACH OF THE PEACE.. 614 Breaking 614 BRIBERY 614 BRIDGES 614 Briefs .615 615 514 Common Carriers 615 515 COMMON LAW 615 520 Compensation 616 vi NEBRASKA SYNOPTICAL DIGEST. VOLUME I. ABANDONMENT. Of appeal, see Appeal and Error, §§ 1464, 1465. Of contract, see Contracts, §§ 259-301. Of lien of chattel mortgage, see Chattel Mortgages, §§ 148-153. Of land as evidence of dedication to public, see Dedication, §§ 43-50. Of spouse as ground for divorce, see Divorce, $$ 19-21. Presumption as to abandonment of family, see Divorce, § 70. Of easement, see Easements, §§ 20, 21. Of proceeding to condemn private property, see Eminent Domain, §§ 209, 210. Of application for administrator, see Executors and Administrators, § 27. Of lien or levy of execution, see Execution. §§ 93, 94. Of property by garnishee, see Garnishment, § 101. Of public roads, see Highways, $$ 129-140. Of homesteads, see Homesteads, §§ 160198. Of wife by husband, see Husband and Wife, $$ 244a-252. Of street, see Municipal Corporations, §§ 649-659. Of public office, see Officers, § 54. Of right of way by railroad company, see Railroads, §§ 53, 54. Of claim to trust funds in hands of third person, by garnishment, see Trusts, § 182. Of sewers or drains by cities, see Municipal Corporations, § 697. Of township organization, see Towns, §§ 9, 10. Of water rights, see Water and Watercourses, §§ 41, 42 ABATEMENT AND REVIVAL. ANALYSIS. Another action pending. Ground of abatement in general, §§ 1-4. Applicability to mandamus, § 5. Identity of causes, §§ 6-10. Action of different jurisdiction, § 11. Sufficiency of proof, § 12. Necessity, mode, and waiver of objection, §§ 13, 14. Misnomer of plaintiff, § 15. Disability of party pending suit, § 16. Transfer of title, right or interest. In general, §§ 17, 18. issolution of partnership or corporation, §§ 19-21. ermination of term of office, § 22. moval or discharge of administrator, § 23. Death of party, in general, § 24. Plaintiff, §§ 25-28. Defendant, §§ 29-32. Death of father to whom liquor furnished, § 33. Right of revival in general, §§ 34-36. Persons who may revive, §§ 37-39. Time for revival, §§ 43-45. Mode and proceedings for, §§ 46-51. Order of revival as res adjudicata, §§ 52-54. - Proceedings after revival, §§ 55, 56. Waiver of service of conditional order, §§ 57, 58. Revival in supreme court, §§ 59, 60. Revival in justice court, § 61. CROSS REFERENCES. Settlement by parents as bar to bastardy proceedings, see Bastards, § 23. Marriage of parents of illegitimate children as bar to proceeding in bastardy, see Bastards, §§ 20-22. Death of child as abating bastardy proceedings, see Bastardy, § 24. Plea in abatement in criminal prosecution, see Criminal Law, §§ 158-168. Removal of administrator as abatement of action, see Executors and Administrators, §§ 262, 263. Abatement by repeal of statute, see Statutes, §§ 285-290. Return of property as bar to action for conversion, see Trover and Conversion, § 35. Pleading matters in abatement, see Pleading, III, B. Survivor as representative of deceased person to disqualify witness, see Witnesses, $ 74. Another action pending. Pendency of another information against defendant, see Criminal Law, § 163. Stipulation to rest pending determination of another suit as waiver of abatement, see Stipulations, § 12. Ground of abatement in general. 1. (1892.) The pendency of a former suit between the same parties may be shown in abatement when a judgment in such suit would be a bar to a judgment in the second action. It is immaterial that one is legal and the other equitable in nature. State, ex rel. Chicago, B. & Q. R. Co., v. North Lincoln St. R. Co., 34 Neb. 634 (52 N. W. 368). 2. (1894.) The mere pendency in the courts of another jurisdiction of an action between the same parties, and concerning the same subject-matter, cannot be successfully pleaded in bar or abatement. Kil patrick v. Kansas City & B. R. Co., 38 Neb. 620 (57 N. W. 664; 41 Am. St. Rep. 741). 3. (1895.) A plea that another action is pending in the same court between the same parties, involving the same subject-matter and seeking the same relief, when proved, is a good defense to a second action, though one is an action at law and the other a suit in equity. Monroe v. Reid, 46 Neb. 316 (64 N. W. 983). 4. (1899.) Pendency of a former suit between the same parties on the same cause of action in the same court is ground for abatement. Spencer v. Johnston, 58 Neb. 44 (78 N. W. 482). Applicability to mandamus. 5. (1892.) The plea of the pendency of another suit in bar is applicable to proceedings in mandamus. State, ex rel. C., B. & Q. R. Co. v. North Lincoln St. R. Co., 34 Neb. 634 (52 N. W. 368). 6. Identity of causes. (1871.) A verdict of a jury in one case, in order to operate an abatement of another, must have been recovered for the identical cause of action and between the same parties. McReady v. Rogers, 1 Neb. 124 (93 Am. Dec. 333). 7. (1909.) When the pendency of a prior suit is pleaded in abatement, the case must be the same, or it will not be sustained. There must be the same parties or such as represent the same interest; the same rights must be asserted and the same relief prayed for. This relief must be founded on the same facts, and the essential basis of the relief must be the same in both actions. As a general rule, where a judgment in a prior |