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7. —: TO ACTIONS OF PUBLIO CONCERN. A common or public nuisance,
if committed without lawful authority, can be remedied by a public
—: An individual who is specially injured by a common or public
: But a private person cannot maintain an action to abate a pub-
10. LEGISLATIVE ACT APPROVING THE alleged nuisance. It is competent
and proper for the legislature to validate the action of town authori-
-: In an action brought upon a judgment against a principal
Power of Attorney.
See CORPORATIONS 1.
to the answer for facts which by his bill, he did not put in issue.
-: A petition is not the proper remedy to avoid a decree of fore-
-: A petition in error must be filed with the transcript of the record
of the District Court, and before the summons in error is issued, in
: Time to answer supplemental bill. Under the practice in Chan-
-: A decree, entered before that time had elapsed, without the
6. APPEALS Q. UNDER Town site Act are not governed by the act sub-
sequently passed regulating appeals in justices' courts. They are suf-
6. APPEAL OR PETITION IN ERROR to final order. An order to be
final and subject to review in an appellate court upon appeal
c. An order or decree which leaves the law or equity of the case,
or some material question connected with the merits of the
d. An order dissolving an injunction, when the same is an incident
of the action, and the substantial rights of the parties remain
e. Power of court to enlarge the time within which an appeal shall be
perfected. Courts do not possess any power to enlarge the
-: If notice of appeal from a judgment be served upon the
successful party and the clerk not until thirty days have
7 : If a suit be brought against three parties jointly and severally
liable, two of whom only are served, it is not error to enter judgment
CHARGE a. When the court gives to the jury instructions not required
nor called for by any evidence adduced in the cause, and it appears
wat such unnecessary instruction mislead the jury in its considera-
-: If an erroneous charge be given on an abstract proposi-
TO JURY: Unsupported by evidence. It is error for the judge to instruct the jury that they will not find for a party a certain sum claimed by him, unless the claim therefor has been assigned to him, when there is no evidence whatever of any assignment. Holmes v. Boydston .....
-: Exceptions to charge. If the charge of the court to the jury
To make exceptions to the charge of the court to the jury available to the party excepting, the exception must be reduced to writing, together with so much of the charge as is necessary to explain it. Monroe v. Elburt
f. —: Bill must be signed in term. If the bill of exceptions be
not reduced to writing and tendered during the term at which
The affidavit for the continuance of a cause, to procure the evidence of a co-defendant, is fatally defective, if it does not state the testimony which the affiant expects will be given by the absent party. Jameson v. Butler ....
-: Overruling motion for. Whether the refusal to grant a
continuance can be assigned for error : quere ? .....
0. DEPOSITION a. CERTIFICATE. A certificate to depositions, showing
that the witnesses were sworn to testify the truth, the whole truth,
—: Depositions taken in a cause instituted by one plaintiff
11. INSTRUCTION TO JURY Q.
It is perfectly proper when a jury returns
into court and requests further instructions, for the judge, in the
: Presumptions of correctness. If the record does not show
-: It is not error for the court to decline to give a request
12. NEW TRIAL a: Assault and battery. In an action for assault and bat-
tery, a new trial will not be granted on account of the smallness of
: Error. If it be granted and another trial takes place, at
: Motion for new trial. Errors in the admission or refusal
18. RECORDS a. The attention of counsel is called to the necessity
of seeing to it, that proper orders are entered in the records of the
-: Time to answer. When, to a defendant in default for
-: Objecting to service. A defendant who has answered,
: Opening a default. Whether a default shall be opened,
: Paper not rightly in record. A deposition used upon a hearing in the District Court, but not included nor referred to in the bill of exceptions, will, on motion in this court, be stricken out of the transcript. Nebraska City v. Baker ...... 180
f.: Records for Supreme Court. The court reflects upon the
habit of inserting in the transcripts of the proceedings in the
: Objections to testimony must be stated at the time the
offered, or they will be disregarded in this court
14. SUMMONS A. Appearance to summons in error. An attorney of record
in a cause in the District Court, may, when the cause is removed into the Supreme Court, enter therein the voluntary appearance of his clients, without the issue or service of summons in error. McDonald v. Penniston ........
-: Records in Supreme Court. Transcripts of records of proceedings had in the District Court, when filed in the Supreme Court for the purpose of reviewing the 'action appearing thereby, must show when and where the court was held, its term, and the names of the judge and other officers present, and be duly authenticated by its clerk
: Endorsement of Summons. No other judgment can be rendered than that, notice of which is endorsed on the sumWatson v. McCartney..
-: If a summons, issued in an action of such a character as
: Amendment of endorsement. The endorsement of the summons giving the defendant notice of the nature and extent of the plaintiff's claim, cannot be amended unless the defendant appear in the action....
: Service of summons on return day. A service of summons made on the return day thereof is sufficient to require the defendant to appear to the action, and is effectual to support a judgment by default if he fail to appear. Aumock v. Jamison 48?
: Service of summons on agent of a corporation. An agent invested with the general conduct and control, at a particular place, of the business of a corporation, is a managing agent,