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INDEX.

ABSENCE.

See LIMITATION OF ACTIONS, 1.

ACCOUNT.

See PARTITION, 1.

ACTION.

See RAILROADS, 1. COUNTY COMMISSIONERS, 3.

ADJUTANT GENERAL.

See CONSTITUTIONAL LAW, 3, 4, 5.

ADVERSE POSSESSION.

1. The Title to Land becomes complete in an adverse occupant, when he
has maintained an actual, continued and notorious possession, claiming
the same as his own against all persons for the full extent of the statu-
tory period; and the enclosing of such land within a fence, the main-
tenance of such fence, cultivation of the land and payment of the
taxes on the same, for said period, with said intention, is sufficient in
law to constitute adverse possession. Horbach v. Miller, . . .

AGENT.

See PRINCIPAL AND AGENT.

APPEALS.

1. In Cases of Contested Elections. A party aggrieved by any alleged
error of the board of justices, chosen to hear contests relative to the
election of any county officer, has his remedy by appeal to the dis-
trict court, and a writ of mandamus from the supreme court to com-
pel the correction of such error, does not lie against them. The
statute regulating appeals in ordinary civil actions governs such
appeal, and the appellate court has ample jurisdiction, though the
cause must be tried by the judge without the aid of a jury. The
People v. Martin, .

31

49

591

2. An Appeal taken on the 22d of August, from a judgment rendered
February 21st, is not within the six months prescribed by act of
March 3, 1873. Gen. Stat., 716. Glore v. Hare, .

131

3. Default. A defendant, appealing from a judgment of the probate
court, is not in default in te district court until after the rule day for
filing his answer has elapsed. Rich v. Stretch,.

4. Act of 1875 (Laws, p. 58), regulating appeals to district court, is
unconstitutional and void. Smails v. White, .

186

353

5. An Appeal from the judgment of a justice of the peace, rendered
February 20, and filed in the district court March 15, the next regu-
lar term of which was fixed for the first Monday in April; held,
within the time fixed by law. Gen. Stat., 686. Morrow v. Sullender, 374
6. The Act of March 3, 1873, has no retrospective operation, and does
not apply to cases determined previous to its passage. White v. Blum, 555
Wilcox v. Saunders, .

7. An Appeal from a judgment sustaining a demurrer, on the ground
of misjoinder of causes of action, does not lie to the supreme court.
The remedy is by petition in error. Stewart v. Carter, .

569

. . 564

8. An Appeal is not a remedy to correct errors of law only, but brings
the case to the appellate court for a trial de novo. Wilcox v. Saunders, 569
PRACTICE.

See ARBITRATIONS. ELECTIONS.

ARBITRATION.

1. Arbitration. Where it is clearly shown that an award of arbitrators
has been obtained by fraud, corruption, or other undue means, it
should be set aside; but the fact that a party seeking to avoid the
award swears that he believes it has been so obtained, is no evidence
whatever. The facts and circumstances on which the affiant bases
his belief should be set out in detail, and all the evidence on which
he relies presented to the court to which the award has been returned.
McDowell v. Thomas.

2.

. . 542

APPEALS. A party aggrieved by a judgment affirming or
setting aside an award of arbitrators may appeal, but the evidence
presented to the court below must be preserved by bill of exceptions,
otherwise no foundation has been laid on which to predicate an
appeal. Id., . .

542

ASSIGNMENT.

See MORTGAGES, 1, 2.

ATTACHMENT.

1. Cannot be maintained in an action of tort. Handy v. Brong... 60

See PRACTICE.

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ATTORNEY'S FEES.

See PRACTICE, 15.

ATTORNEY GENERAL.

See CONSTITUTIONAL LAW, 1.

BANKS.

1. Promissory Note: ACTION UPON. The right to sue upon a note
executed exclusively for the benefit of a banking corporation, vests
in the bank, and the indorsement of its cashier, to whom as cashier
such note is made payable, is not necessary. Lacey v. Central
National Bank, .

2.

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LIABILITY OF, FOR ACTS OF PRESIDENT. The United
States being indebted to the State of Nebraska, drew two drafts upon
its treasury, in favor of "William H. James, acting. governor, or
order." The drafts were indorsed by James and by him delivered
to McCann, a stockholder and the president of the Nebraska City
National Bank. The drafts were given to McCann, in the banking
house, the cashier indorsed the same, and the bank received the pro-
ceeds. A portion of the fund was paid by McCann to O'Hawes,
who had been the agent authorized by James to collect the same
from the general government, and a large part of the balance paid
to James on individual checks drawn by him from time to time, some
upon McCann, and others upon the bank, but none of the amount
was ever paid into the state treasury. Held, in an action agains.
James, McCann, and the bank, that the drafts being the property of
the state, James had no interest therein whatever that he could trans-
fer except to the state treasurer, who is the sole fiscal officer of the
state; that the drafts contained on their face sufficient to put a pur-
chaser on inquiry as to whether or not James was the owner; that
notice to McCann was notice to the bank; that the bank was liable
for the full amount of the drafts, nor could any deduction be made
on account of payment to O'Hawes, such payment being made
without authority of law. McCann v. The State,.

See NATIONAL BANKS.

BONDS.

See BRIDGES. OFFICIAL BONDS.

BOUNDARIES.

1. Evidence: INSTRUCTIONS TO JURY. The identity of a block of
lots depended upon the correct location of another block, some
distance off, a corner of which had been taken as an initial point
in making the survey; and a surveyor testified that in 1857, a
fence was erected around the block, of which he had personal
knowledge; that the fence was destroyed in 1862; and in making

179

324

the survey in question, he found the west line and southwest corner,
by remains of fence posts, there being old bark and rotten wood
about every seven feet: held, that the correct location of the initial
point was property submitted to the jury, upon an instruction, that
in order to determine whether the fence was built upon the true line
of the block, they might take into account the time when it was
built, the fact that it was about the time of the survey, when the cor-
ners were easily ascertained, and if they believed the testimony war-
ranted it, they might presume that the fence was built on the line of
said block. Horbach v. Miller, . . .

2. State Boundaries. A change in the main channel of the Missouri
river, does not alter the boundary line between Iowa and Nebraska,
as established by Congress. It remains as before, in the old aban-
doned river bed. Holbrook v. Moore, . . .

BRIDGES.

1. County Bonds: BRIDGES OVER THE PLATTE RIVER. County bonds
issued for the purpose of erecting a public bridge over the Platte
river, conformable in all respects to the laws of this state, author-
izing the issuance of bonds in aid of works of internal improve-
ments, are valid. U. P. R. R. v. Colfax County, .

2.

3.

--. Such a bridge is a work of internal improvement, and from
the course of legislation in this state, it is clear that aid may be
granted in its erection by the issuance of county bonds, by grant
from the state, donations, or by two counties bordering on the river
uniting in the enterprise. It was not the legislative intention to res-
trict the aid authorized, to works of internal improvement in which
the county has no interest. Id., . . .

In determining what constitutes a work of internal improve-
ment, it must be tested by the benefits to be derived by the public,
and not by its extent or cost. Id., . . .

31

437

450

450

450

4. Contracts for the erection of bridges should be let to the lowest com-
petent bidder. The People v. Commissioners of Buffalo County, . . 150

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1. Salary of Officers. The constitution fixing the salary of an officer,
and providing that "the auditor shall draw warrants of the state
quarterly" therefor, "which shall be paid out of any funds not other-
wise appropriated," appropriates by law the amount necessary to pay
such salary, and no legislative act is necessary. State, ex rel., Roberts
v. Weston, .

2. Jurisdiction of District Court. The act of February 25, 1875 (Laws
1875, 31), authorizing any judge of the district court to designate the
county in his district where an indictment may be found, and persons
tried for felony committed in any unorganized county attached to such
district, or in any county where no district courts are held, so far as
it applies to such unorganized counties, is not unconstitutional; and
the court of any county so designated has jurisdiction of the offense.
Dodge v The People,

216

220

3. Executive Officers: ADJUTANT GENERAL. The office of adjutant
general exists in this state by virtue of an appointment from the Gov-
ernor as commander-in-chief of the military forces, acting under
authority given him by Congress (1 Statutes at Large, 273), and the
act of March 4, 1870. Gen. Stat., 470. State, ex rel., Tzschuck v.
Weston, .
234

5.

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Such an office is not executive within the meaning of
the constitution which provides that "no other executive state office
(aside from those mentioned), shall be continued or created." Id., . 234
- SECRETARY OF STATE: SALARY. One holding the office of
secretary of state is eligible to that of adjutant general, and the allow-
ance to him of a salary therefor, does not conflict with that section of
the constitution, fixing the salary of the secretary of state, and pro-
viding that he shall not receive to his own use "any fees, costs, per-
quisites of office, or other compensation." Id., . .

6. Taxation. Legislation authorizing a land road tax of "four dollars to
the quarter section, to be paid in money, or laber at the rate of two

234

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