and we agree with it. It also held that the evidence was sufficient to support the verdict. Upon that point it could form a much more intelligent opinion than we can, and it would be a considerable stretch of assumption for us to say that the court was wrong.

Let the judgment be affirmed.

Affirmed.

INDEX.

AGENTS AND AGENCY: See PRINCIPAL AND AGENT.

APPEAL BOND: See BONDS.

APPEALS AND WRITS OF ERROR: See also APPELLATE PRACTICE.

FINAL JUDGMENT.-No appeal can be successfully prosecuted except from a final judgment. A final judgment is an adjudication which completely settles, ends and determines the rights of the parties. Flint v. Powell, 66.

ASSIGNMENT PROCEEDINGS-RECEIVER.-An application was made for the appointment of a receiver for a corporation. Pending the application and before the receiver was finally appointed the corporation made a general assignment for the benefit of its creditors. After the receiver was appointed he filed a motion in the assignment proceedings asking the dismissal of the assignment proceedings and an order to compel the assignee to turn over to the receiver the property of the corporation. Held, that the title of the assignee to the property could not be determined in such a proceeding and the judgment of the lower court dismissing the assignment proceeding and holding the assignment for naught and ordering the assignee to turn over all property of the corporation in his possession to the receiver was not a final determination of the rights of the parties and was not such final judgment as will support an appeal. Ib.

TIME FOR TAKING.-A trial was had before the court and judgment entered November 14, afterwards a motion for new trial was filed which was not heard till December 17, at which time the court required a remittitur of part of the judgment, which was done and the motion for new trial denied. Defendant then prayed an appeal. The appeal was not prayed for in apt time. The action of the court on the motion for new trial did not result in the vacation of the judgment, and the remittitur in no wise affected it so as to revive the right of appeal which had been lost by entry of judgment and the failure to take requisite steps. Burchinell v. Bennett et al., 150.

PRACTICE-FORCIBLE ENTRY AND DETAINER-APPEAL BOND.Where in an action for forcible entry and detainer in a justice court judgment was for plaintiff for possession of the premises and the defendant attempted to appeal to the county court but failed to file the additional

APPEALS AND WRITS OF ERROR-Continued.

bond conditioned for the payment to plaintiff of all sums that be awarded
to the plaintiff for the use and occupation of the premises pending
appeal, as provided in section 22 of an act approved April 10, 1885, and
as amended April 13, 1891 (Sess. Laws, 1891, p. 228), such appeal was
void and the county court acquired no jurisdiction of the case for any
purpose except to dismiss the appeal. The county court had no author-
ity to allow such bond filed in that court or to approve the same. And
where in such case the county court permitted such bond to be filed in
that court and sustained the appeal, and on writ of certiorari to the dis-
trict court was ordered by the district court to dismiss the appeal, and
did dismiss the appeal; whether or not the district court had jurisdic-
tion to make the order that it did in the matter is immaterial since the
result was to cause the county court to enter the only order it had jur-
isdiction to enter, and should have entered at the beginning. Getty v.
Miller, 331.

PRACTICE-DEFault-JudgmenT.-Our statute concerning appeals
from the county court to the district court (Sess. Laws, 1885, p. 158)
provides that no appeal shall be taken from a judgment by default, or
nonsuit, unless, within ten days after the rendition of such judgment,
application shall have been made to the county court by the party ag-
grieved to set the same aside, and such application shall have been
refused. Where a judgment by default was rendered in the county
court and the defendant within ten days thereafter moved the court to
set aside the judgment and default, and the motion was sustained as
to the judgment, but denied as to the default, and the court proceeded to
hear evidence and rendered another judgment against defendant, it was
not necessary for defendant to apply to the court to set aside the latter
judgment in order to be allowed an appeal therefrom. Johnson et al. v.
Lawson, 336.

PRACTICE-WRITS OF ERROR-Cross-Errors.-The fact that one party
to a judgment has by writ of error had the judgment reviewed by the
court of appeals does not preclude the other party from having the same
judgment reviewed by a subsequent writ of error when the questions
presented by the different writs of error are entirely different. The fact
that our code gives the defendant in error the privilege to assign cross-
errors and his failure to avail himself of that privilege does not cut off
his right to a writ of error. Brennan et al. v. The State Bank, 368.

PRACTICE-FORCIBLE ENTRY AND DETAINER-APPEAL BOND.-In
an appeal from a justice of the peace to the county court from a judg-
ment against the defendant in an action of forcible entry and detainer,
where the appellant failed to give an additional bond for the use and
occupancy of the premises as required by the act of 1891, it was not
erroneous for the county court to refuse to allow such bond to be filed
in that court or permit the original bond to be amended. Amter v. The
Woods Investment Co., 542.

APPELLATE PRACTICE:

EXCEPTIONS.-Where trial was to the court and no exception was
saved to the findings or the entry of judgment in the bill of excep-
tions the question of the sufficiency of the evidence cannot be con-
sidered on appeal. Cox et al. v. Sargent, 1.

NONPREJUDICIAL ERROR.-Under our statutes and the authorities,
error upon which a judgment is reversed must be prejudicial. Knowles
v. Harvey, 9.

EVIDENCE.—A case must be reversed if evidence has been wrongfully
admitted or if it has been wrongfully refused, unless it clearly appears
that the testimony admitted could not have been prejudicial, or that
which was rejected was of no importance to the party against whom the
ruling was made. Henry v. The Colorado Land and Water Co., 14.

IMMATERIAL ERROR.-Rulings touching the order of the introduction
of evidence are not reviewable, if the record shows that the party com-
plaining was not prejudiced thereby. Lustig v. McCulloch, 41.

SAME. The defendant was called as a witness for the plaintiff, but
the trial court refused to allow a full cross-examination, upon the
ground that the evidence might be put in upon the defense. He was
afterwards called on his own behalf and testified at length. Held, that
the error, if any, in requiring the testimony to be put in upon direct
examination, was not sufficient to work a reversal. Ib.

JUDGMENT SURRENDER OF ACCEPTANCE.-Judgment should not be
entered against the acceptor of a bill until it is delivered up and filed in
the cause. But leave is given the appellee to prevent a reversal for this
error by delivering the bill to the clerk for cancellation and filing with
the papers of the case. Ib.

PLEADING.—If the complaint fails to state a cause of action, this ob-
jection may be raised for the first time in the appellate court. Nylan
v. Renhard, 46.

JUDGMENT ON VERDICT.-The appellate court has no authority to
enter judgments on verdicts, and even though the lower court may have
entered an erroneous judgment, the error can be corrected only after it
has been reversed and sent back for further proceedings. The trial
court was evidently of opinion that plaintiff was not entitled to recover
and therefore granted defendant's motion for judgment non obstante,
and this is not a case in which the appellate court should direct the
lower court to enter judgment on the verdict even if it has such power.
Floyd v. Colorado Fuel & Iron Co., 54.

JUDGMENT ON PLEADING.-Where a judgment is entered on the plead-
ing and appealed from, the entering of judgment being assigned as error,
if the complaint fails to allege facts sufficient to constitute a cause of
action, the judgment must be reversed notwithstanding no objection
was made to the complaint in the lower court. Murray v. Ginsberg, 63.
FINAL JUDGMENT.-No appeal can be successfully prosecuted except
from a final judgment. A final judgment is an adjudication which com-