passes to and becomes vested in assignee. Where record
shows discharge of bankrupt presumption is that officers
performed their duty and executed assignment. Hale v.
Christy........
1. Evidence at trial and newly discovered evidence must
be set out, where petition for new trial is filed after term.
O., N. & B. H. R. R. Co. v. O'Donnell..........
Where time to prepare bill is extended, not necessary to
preserve the evidence on which such extension was
granted; nor is such order subject to review; provisions of
code liberally construed. Greenwood v. Cobbey..... 648
3. Evidence in case stated considered by the court, although
same was not preserved by bill of exceptions by the referee
before whom case was tried. Gibson v. Gibson............................................... 394
Bill of Peace.
Lies only where one claims or defends against many, or
many claim or defend against one, except in certain cases,
where the right had been satisfactorily established at law.
Kinkaid v. Hiatt...........
Rights of, in case stated. Higginbottom v. Benson
Bonds-Municipal.
Assessed valuation at the time of the election determines the
amount of bonds that may be issued. State, ex rel. Sutton,
v. Babcock........
In action of forcible entry and detainer, bond on appeal, in
proper form, signed by at least two sureties, it is the duty
of justice of peace to approve the same. State v. Clark.... 318
Bridges. See ROADS.
Building Contract.
Where answer of sureties upon bond to secure the fulfillment
of building contract contains general denial, it devolves
upon plaintiff's to prove that labor and material furnished
to complete building were within terms of contract, and
necessary to its fulfillment. Plummer v. Shellhorn............ 532
Where preliminary examination was held upon a complaint
charging the crime of burglary with intent to steal, and
information filed charges the same offense, but with intent
to commit a rape, it was Held, That the same crime, to-wit,
burglary, was described, both in the complaint and in the
information. Alderman v. State.........
Where real estate is subdivided and platted into city or vil-
lage lots, the plat thereof, being duly filed with the county
clerk, and recorded by him, becomes an instrument in
which the public, as well as the proprietor, is interested,
and it should remain in the possession of county clerk, as
the proper custodian thereof. Lincoln Land Co. v. Acker-
Is proper custodian of plat of city or village. Lincoln Land
Co. v. Ackerman.........
1. Upon facts proved, Held, That plaintiff had failed to pro-
cure purchaser and was not entitled to commission. Slo-
man v. Bodwell.........
2. In case stated, verdict in favor of defendant sustained.
Sherwin v. O'Connor.......
1. Mechanic's lien law, Held, Constitutional. Colpetzer v.
Trinity Church ...
2. The bastardy statute providing assessment and imprison-
ment of the father is constitutional without remedy for the
discharge of the father other than security for the compli
ance with the order of the court. Ex parte Donahue........
3. Power of railroads to lease and consolidate stated. State
v. A. & N. R. R. Co.........
Legislature cannot deprive the population of a county of
representation in the legislature. Therefore where in an
apportionment act a county is omitted, it will retain its
representation under the preceding act. State, ex rel. Sin-
gleton, v. Van Duyn.........
5. Appropriation by legislature in case stated. State, ex rel.
Lanham, v. Babcock
Contract against Public Policy. See ESTOPPEL.
1. The contract set out in the case examined, and Held,
That time was not of its essence. Willard v. Foster
2. The notice set out in the pleading and evidence, Held,
Not to apply to the defendant or to the class of purchasers
to which he belonged. Id..........
In acttion for specific performance, Held, Tha time. was
not of the essence of the contract, and that plaintiff had
not been guilty of gross negligence in making payment.
Langan v. Thummel........
4. Reformation of contract by court of equity; rights of
parties measured by contract as reformed; case stated and
plaintiff, Held, To be entitled to a repayment of taxes
with lawful interest. Hale v. Young...............
Where in a sale of real estate a part included in the
contract of sale was certain tracts of land upon which
plaintiff held a lease from the state, under facts stated, it
was Held, That he was entitled to compensation for neces-
sary improvements, permanent in their nature, but not for
temporary and movable improvements. Id.................................................
In a contract where A agrees to pay B certain wages by
the year, but one action can be maintained thereon; if
plaintiff bring action for a part of the term and recover
judgment, defendant may plead same in bar to another
action founded on same contract. Kahn v. Kahn .....
7. Breach of contract defined. Hart v. Barnes
In an action for conversion of certain lumber, Held, That a
former judgment brought to recover the value of the lum-
ber on an alleged contract of purchase, in which plaintiff
failed to recover, was not a bar. Gayer v. Parker & Son... 643
Corporations.
The powers of a corporation organized under legislative stat-
utes are such, and such only, as the statutes confer. The
charter of a corporation is the measure of its powers, and
the enumeration of those powers implies the exclusion of
all others. State v. A. & N. R. R. Co..
Corporations-Municipal.
Assessed valuation at the time of election determines the
amount of bonds that may be issued. State, ex rel. Sutton,
v. Babcock............
1. On appeal from award of damages for right of way for
railroad. B. & M. R. R. Co. v. Spere.
2. On appeal from award of damages for right of way for
railroad. A. & N. R. R. Co. v. Plant.........
3. Where plaintiff brings action to reform a contract, which
is resisted by defendant, and defendant files cross-petition,
seeking reformation of contract in another particular,
which is resisted by plaintiff, and both parties are success-
ful in procuring the reformation asked, it was Held, That
under the peculiar circumstances of the case the costs of
the suit should be equally divided, and one-half taxed to
each party. Hale v. Young....
1. Relocation of county seat; alteration of returns of elec-
tion during transmittal to canvassing board; mandamus
does not lie to compel board to canvass such return. State
v. Kavanagh.............
2. Erection of new county from old county; method of
procedure; duty of county board where more than one new
county is sought to be erected; propositions may be sepa-
rately submitted at the same election. State v. Newman... 40
3. Authority of county board to equalize assessment of
property made by town board, without complaint in writ-
ing. Grand Prairie Township v. Schure........
4. County boards have power to designate newspaper in
which treasurer shall give notice of sale of real estate for
unpaid taxes. State v. Dixon County..............
5. Mandamus does not lie to compel county board to let
contract for printing delinquent tax list to lowest bidder.
Id.......
6. Publishing proceedings of board; limitation on power
of board. Id............
Forfeited recognizance; money belongs to county where
accused was recognized to appear. State v. Speice............ 386
8. Bridges in counties under township organization prior to
1887 were properly erected by the respective towns. Whit-
comb v. Reed................................
Cause of action arising under Sec. 71, Gen. Stat., 924,
Held, To be a claim against a county, and no action can
be maintained thereon other than by presenting the same
to the county board for audit and allowance, and if re-
jected taking an appeal to the district court; judgment of
county board final unless appealed from. Richardson
County v. Hull..........
1. County judge has jurisdiction to hear cases of bastardy.
Ingram v. State..
2. Judgment, in form stated in opinion, Held, Good. Black
e. Cabon
Presumption that county judge signing an order of attach-
ment on debt not due, was judge of the county where the
order was made. Reed, Jones & Co. v. Bagley.................. 332
4. Has authority to amend docket entry in term cases.
Grimes v. Grosjean.................
1. Jurisdiction acquired only by the issuance and service of
summons in error or general appearance of defendant in
error. Wiley v. Neal...........
2. Service of summons in error upon attorney of record in
court below sufficient to give court jurisdiction, although
attorney may not appear in the supreme court. Kinney v.
Hickox.........
Transcript should only contain such portion of the record
below as is necessary to a correct understanding of the case.
Hilton v. Bachman
.......... 490
Finding and judgment of district court will not be re-
versed on the ground that judgment is not sustained by
the evidence, where the evidence is conflicting. Witter v.
Hoover & Son........
5. To obtain review of the action of a trial court in reject-
ing an affidavit offered in evidence, the party aggrieved
must have made a motion for a new trial in that court.
Durham v. Courtnay.............
6. Where answer fails to constitute a defense to the action,
but no objection was made thereto in the court below,
nor error on that ground assigned in the supreme court,
the question will not be considered. Id..............................
7. The proceedings in this case in the court below were de-
cidedly mixed, and the same was reversed, and the cause
remanded, with leave to the parties to replead if they elect
to do so, and for a trial on the merits. Lancaster County
Bank v. Gregory.....
1. Finding of district court that purchase price of property
in controversy was not paid by judgment debtor, Held,
Sustained by evidence. Callahan v. Powers......
2. Facts stated and cause of action, Held, Barred by statute
of limitations. Hellman v. Davis.......
Criminal Law.
1. In prosecution upon an information charging a felony,
the district court, after information filed, will not, upon
motion to quash, inquire into form and validity of com-
plaint upon which preliminary examination before magis-
trate was had, the crime alleged being the same.
man v. State..........
2. Where indictment is returned by a grand jury, which,
upon motion to quash, is found to be defective, it is not
error for the district court to permit the county attorney
to withdraw indictment and file information charging same
offense as that contained in indictment. Id..............
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