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BAIL

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Burden of Proof

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BAILMENT

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Ballots

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Bank Examiners

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BANKRUPTCY

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CANCELATION OF INSTRUMENTS

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BANKS AND BANKING

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Bar

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Baseball

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BASTARDS

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Carlisle Tables

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Battery

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Beer

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BENEFICIAL ASSOCIATIONS

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Beneficial Societies

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Beneficiaries

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Benefits

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Best and Secondary Evidence

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Betting

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Bias

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Cestui Que Trust

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Bible

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Bids

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BIGAMY

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CHAMPERTY AND MAINTENANCE

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Billiards

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Bill in Equity

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Bill of Exceptions

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Bill of Exchange

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Bill of Lading

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CHATTEL MORTGAGES

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Bill of Particulars

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Bill of Sale

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Bill Quia Timet

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Bills

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Choses in Action

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BILLS AND NOTES

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Blacklist

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Blackmail

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Circumstantial Evidence

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Bloodhounds

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Boarding-Houses

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Board of Equalization

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Board of Health

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Board of Supervisors

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Board of Transportation

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Classification

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Bona Fide Purchasers

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CLERK OF COURTS

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Bonds

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Cloud on Title

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Books of Accounts

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Books of Science

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Boulevards

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BOUNDARIES

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BOUNTIES

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Collateral Attack

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BOWLING ALLEYS

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BREACH OF MARRIAGE PROMISE.

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COLLEGES AND UNIVERSITIES

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BREACH OF THE PEACE..

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Breaking

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BRIBERY

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BRIDGES

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Briefs

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Common Carriers

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515 COMMON LAW

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Compensation

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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.
Revival of actions.

Right of revival in general, §§ 34-36.

Persons who may revive, §§ 37-39.
Necessity of revival, §§ 40-42.

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

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