INDEX. ABANDONMENT-See Seymour vs. Wood, 417. ACT OF MARCH 27, 1876-Construed..... ACT OF MARCH 30, 1874-Does not validate prior sales.. ACT OF MARCH 30, 1878-Construed....... ADMINISTRATION-A judgment against an estate unassigned can not be pre- ...... Irregularities in proceedings render settlements void........... See Heirs; Sale Real Estate; Public Administrator; Hibernia Savings and ADVERSE CLAIM-Not necessary that complaint should allege ownership in fee. 422 AMENDED COMPLAINTS-Must be served on adverse party, though the 343 APPEAL-There is no direct appeal to Supreme Court from an order made before 302 See Presumptions; Stoddart vs. Burge, 422; Pleadings and Practice; Re- See Railroad Workshop; Public Use. ATTACHMENT-When will lie....... ATTORNEY-Can not purchase client's property at judicial sale. ATTORNEYS' FEES-See page 142. ATTORNEY-GENERAL-Must be a party to suit on behalf of the Government to set aside a patent under Mexican grant...... 365 462 89 368 ..... 485 BANK COMMISSIONERS-Their powers under Act of March 30, 1878.... the jurisdiction of Bankrupt Court...... Of corporations; objections by directors.. Summary powers of courts; revisory powers.. See Goodhue vs. Rice, 382; Sacramento Bank vs. Hadley, 470; Bill of 329 334 474 BILL OF EXCEPTIONS-Appellate Court will not consider the appeal unless BOARD OF EDUCATION-May maintain action to recover school lot........ 168 ........ 361, 402 BONDS-See Municipal Corporations; Sureties on Official Bonds; Sureties. BURGLARY-Privies to not guilty, when none committed for want of felonious 62 CENTRAL PACIFIC R. R. CO............. 482 CERTIORARI-Order appointing receiver in excess of jurisdiction reviewable.. 302 202 CIVIL ACTION-Proceedings for settlement of an estate not.... 1 COMPUTATION OF TIME-Sunday to be excluded when last day....................... 174 CONDEMNATION-See Public Use; Mahoney vs. Supervisors, 218. CONFESSION BY JUDGMENT-See French vs. Edwards, 147. CORFIRMATION-See Redemption. CONFLICT OF TESTIMONY-See Younglove vs. Fithian, 483. CONSTRUCTION OF DECREE-See Huston vs. Leach, 224, CONSTRUCTION OF STATUTES-General and special laws to be read to- gether, the general law being applicable to particular matter, except where 186 Construction of State statute by State Court conclusive on Federal Courts 189 1 CONSTITUTION-Section 15, Article 1, construed....... CONTEMPT-Sections 128 and 1209 C. C. P. construed. Probate Court may 1 CONVERSION-Amendment of Section 3336 C. C. P., 1874, operates at the trial, CORPORATION-Powers of President and Secretary to overdraw bank acconnt 449 128 Effect of dissolution prior to the Codes; powers of District Courts........ 283 CROSS-COMPLAINT-See Stoddart vs. Burge, 422. 347 147 1847, Pol. C. 245; 1852, Pol. C. 245; 407, C. C. P. 245; 585, C. C. P. 245; 330, Penal Code, 266; 1365, C. C. P. 268; 1379, C. C. P. 268; 1107, C. C. P. 270; 939, C. C. P. 302; 1068, C. C. P. 302; 564, C. C. P. 302; 3336, C. C. 312; 950, C. C. P. 329; 670, C. C. P. 329; 738, C. C. P. 422; 406, C. C. P. 484; 353, C. C. P. 455. CARRIERS-Of passengers not insurers........ CRIMINAL PRACTICE ACT OF NEVADA-Transcript on appeal; Preliminary examination before Justice of the Peace; Declarations of third parties, when admissible; Verdict in criminal case may be recovered on Sunday. CONVERSION-See Trespass. CIRCUIT COURT UNITED STATES-Has no original jurisdiction to reform surveys of Land Department of confirmed Mexican grants.............. CORPORATIONS-See Stocks. 18 33 368 1 DEBT-Money ordered paid over to distributees not a debt........ ant's possession was lawful...... DEMURRER-See Judgment; Irrelevant Matter. DEPOSITION-Can not be taken before Notary before issue joined..... 456 461 DIRECTORS-See Clark vs. City and County of San Francisco, 283. DISCRETION-See Estate of Morgan, 267. DISMISSAL-An appearance to make motion to dismiss is no waiver of right to make the motion.... 484 See Record on Appeal. DISMISSAL OF CROSS-COMPLAINT-Can not be reviewed in absence of bill of exceptions....... 422 DISTRICT COURT-Jurisdiction extends to enforcement of vendor's lien for balance of purchase money from deceased person.. 145 DUNNAGE-See Babcock vs. Ship "Howden," 489. DAMAGES-See Trespass. DAMAGES-When misfeasance must be alleged................. . 133 DEFAULT-See State of Nevada vs. Con. Virginia Mining Co., 175. DECLARATIONS-See Wood vs. C. R. W. Co. et al., 227. DEED-Reformation of; Fraud of grantor... . . . . . . . . EAST STREET-Has been dedicated a public street. See Adverse Occupation. EJECTMEMT- See Evidence. EMINENT DOMAIN-See Just Compensation; Public Use. ESTOPPEL-One executing power of attorney is estopped to deny his authority as against a purchaser under the power when the title comes to his hands, but such estoppel is unavailing as against bona fide purchaser from said person without notice.... 272 See French vs. Edwards, 147. EVIDENCE-Original Book "A" of Alcalde grants primary evidence.......... 383 The burden of proof is on the defendant, who admits a deed, but avers it was a mortgage, to establish that fact........ 422 In ejectment, evidence may be introduced to show a tenancy on part of defendant..... 466 EXCESSIVE RELIEF-See Judgment. EXECUTION-Credit on, may be set aside when property sold was not subject to it..... See Revival of Judgment; Exemption. EXEMPTIONS-Type and material not subject to execution 346 401 EXPRESS COMPANIES—Liability for negligence of agents (Am. Ex. Co. vs. Wells).......... EXCUSABLE NEGLECT-See State of Nevada vs. Con. Virginia Mining Co., 175 FIELD NOTES-See Harkins vs. Nelson, 327. FINDINGS-Judgment will be reversed for failure to find upon material issue... 282 FORECLOSURE-See Bankruptcy. FRANCHISE-See Contracts. FRAUDULENT TRANSFERS-Deed made in fraud of creditors can not be shown to be a mortgage... 23 FORECLOSURE OF MORTGAGE Adverse claimant to mortgagor and mortgagee can not be made party.. ........ FELLOW SERVANTS-Who are...... FRAUDS-To sustain a bill in chancery the frauds must be extrinsic or collateral to the matter tried by the first court (U. S. vs. Throckmorton).......... 368 FEDERAL COURTS (S. C. U. S.)-Will follow State decisions establishing a rule of property...... GAMING-One who bets at a banking game not indictable under Section 330, Penal Code..... GENERAL DENIAL-Puts in issue only the issuable facts.. ..... HEIRS-On a petition for sale of real estate may contest validity of claims...... 50 HOMESTEAD-See Mortgage. INJUNCTION-Will not lie when no breach of contract is made.... 75 48 97 Will not be granted to restrain publication of alleged libel.... INSOLVENCY-Order of Judge Wright as to inspections of insolvent's books.. 361 INSOLVENT LAWS-Whether they extend to debts contracted before repeal of Bankrupt Act INTENT-Is a material issue of fact in assault, and jury may convict, if lesser offense than that charged in indictment........ IRRELEVANT MATTER—Averments constituting portion of cause of action not irrelevant, and must be reached by special demurrer, and not by motion to strike out.......... 183 246 ....... 211 INJUNCTION--Federal Courts can not grant as to State Courts, except under Bankrupt Act....... INTEREST-See Meyer vs. Graeber, 102. the original packages is void........ IMPORTS-A tax on the amount of sales by an auctioneer on imported goods in JUDGE TEMPLE-His ruling under Section 473, C. C. P....... When not in excess of prayer of complaint....... Will not be disturbed by Appellate Court where there is a confliet of testi mony.. See French vs. Edwards, 147. See Administration. JUDGMENT ON PLEADINGS-Can not be entered when answer to alternate writ of mandate states several facts as defenses...... See Misnomer. JUDGMENT ROLL-Must be produced where party pleads a decree as an adjudication of same subject-matter, or when his title is founded on judicial sale under a decree....... ...... 42 205 Peremptory writ of mandate, Sheriff's return, nor acknowledgment of satisfaction, constitute part of roll on appeal from final judgment ordering the writ.. 242 JUDICIARY-Proposed form by Convention 407 See "The Judiciary," 444. JURISDICTION—See Bankruptcy; McConaghey vs. Lyon, 460 (District Court). JURY-Proposed amendments by Convention....... 201 JUST COMPENSATION-A mere bond is not compensation under Section 8, Article 1, of Constitution, for taking property for public uses... 86 JUSTIFICATION-See Sheriff. JURY-Can not be waived in criminal cases...... 42 JUSTICE COURT (Nevada)-Sufficiency of complaint; Judgment by default; No appeal lies from...... 56 141 JURY (N. Y.)-Trial by not inviolate as to petty offenses... LARCENY-A check drawn on a bank at its request for a specific purpose, pay- LIBEL-See Injunction. LIEN-See Nunan vs. Schooner "Superior," 435; Harper vs. Rowe, 205; District Court. LIEU LANDS-The State acquires no transferable title to lieu lands until listed over by United States..... See Silver vs. Mullan, 81. See Railroad Grants. LOCATION-See Mining Claim. 68 LODE CLAIMS-Shall not extend more than 300 feet on each side of vein at surface ..... 161 MALICIOUS PROSECUTION-To sustain it, malice and probable cause must concur...... 52 MANDAMUS-Can not be resorted to to compel Sheriff to execute a deed, the recitals of which contradict his return....... 84 ...... Writ not allowed until demand and refusal... 186 MARRIED WOMEN-Are incapable of administering upon an estate or recom mending a suitable person...... 267 MINERAL LANDS-See Central Pacific R. R. Co. vs. Leavenworth, 471. MINING CLAIM-Where decree is based on actual possession, findings must show possession of some definite portion.................. 5 Claimant must distinctly mark the location on the ground, so that the boundaries can be readily traced....... 5 See page 162; Seymour vs. Wood, 417. MINING SHARES-Certificates of, as between third parties, bear the character of negotiable instruments..... 431 MISNOMER-See Stoddart vs. Burge, 422. |