INDEX.

ACCOUNTS.

WHEN BOOKS OF ACCOUNTS ARE ADMISSIBLE IN EVIDENCE. (See Evidence,
3.) 180.

ASSESSMENT BOOK IS ADMISSIBLE IN EVIDENCE TO DETERMINE INTEREST OF
PARTIES TO MINING GROUND. (See Mining Claims, 3.) 261.

SUFFICIENCY OF ITEMS OF ACCOUNT IN MECHANICS' LIEN. (See Mechanics'
Liens, 1.) 271.

ACCOUNT STATED.

ATTACHMENT UPON ACCOUNT STATED FOR GREATER AMOUNT THAN IS ACTU-
ALLY DUE-WHEN NOT CONSTRUCTIVE FRAUD. (See Attachment, 1.)
388.

AMENDMENT OF COMPLAINT-EFFECT OF UPON ATTACHMENT. (See Plead-
ings, 6-9.) 388.

ACTION.

ACTION TO RECOVER DAMAGES FOR PROPERTY DESTROYED BY FIRE-INTER-
EST IN PROPERTY MUST BE CERTAIN. (See Damages, 1, 2.) 44.
DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE-WHEN RIGHTS ARE
WAIVED BY FILING ANSWER. (See Waiver, 1.) 64.

ACTION BY SURVIVING PARTNER ON PROMISSORY NOTE EXECUTED AFTER
DEATH OF A PARTNER-SUFFICIENCY OF COMPLAINT. (See Pleadings, 1.)
85.

ACTION AGAINST TRUSTEES OF CORPORATION FOR DEFRAUDING STOCKHOLD-
ERS-SUFFICIENCY OF COMPLAINT. (See Pleadings, 2.) 157.

ACTION ON MECHANICS' LIEN-STATEMENT OF TERMS-ITEMS OF ACCOUNT.
(See Mechanics' Liens, 1, 2.) 271.

ACTION BY SURETY ON OFFICIAL BOND TO RECOVER FULL DAMAGES FROM
CO-SURETIES-DEFENSE TO ACTION. (See Sureties, 1, 2.) 298.

ACTION FOR DIVERSION OF WATER-WHEN INJUNCTION SHOULD ISSUE. (See
Water Rights, 1, 2.) 311.

ACTION AGAINST SURETIES ON BOND OF CONTRACTOR TO SAVE HARMLESS
PROPERTY-OWNER FROM MECHANICS' LIEN-WITHHOLDING OF MONEY
FROM CONTRACTOR.

(See Mechanics' Liens, 5, 6.) 328.

ACTION FOR DIVORCE-APPLICATION FOR COUNSEL FEES. (See Divorce, 1.) 363.
ATTACHMENT UPON ACCOUNT STATED FOR GREATER AMOUNT THAN IS ACTU-

ALLY DUE-WHEN NOT CONSTRUCTIVE FRAUD. (See Attachment, 1.) 388.
AMENDMENT OF COMPLAINT, UPON ACCOUNT STATED-EFFECT OF UPON AT-
TACHMENT. (See Pleadings, 6-9.) 388.

COMMENCEMENT OF ACTION FOR LABOR LIENS-NOTICE. (See Sheriff, 1.) 404.
REPLEVIN BOND-COMPROMISE WITH PORTION OF SURETIES-ACTION AGAINST
OTHERS. (See Sureties, 3.) 426.

ADMINISTRATOR.

WHEN ADMINISTRATOR IS NOT GUILTY OF FRAUD IN SETTLEMENT OF ESTATE.
(See Estates of Deceased Persons, 1.) 25.

MARRIAGE OF ADMINISTRATRIX-EFFECT OF. (See Marriage, 1, 2.) 180.

ADVERSE POSSESSION.

WHEN POSSESSION OF TENANT IN COMMON IS ADVERSE. (See Limitation,
1, 2.) 261.

ACTION FOR DIVERSION OF WATER. (See Water Rights, 1, 2.) 311.

AFFIDAVITS.

CONFLICT IN AFFIDAVITS AS TO MISCONDUCT OF JURORS-DETERMINED IN
DISTRICT COURT. (See New Trial, 5.) 207.

1. AMENDMENTS DURING TERM.-A court may amend its orders of record
concerning the extension of time given to file a statement, so as to con-
form to the truth, at any time during the term in which they are entered.
Marshall v. Golden Fleece G. & S. M. Co., 156.

AMENDMENT OF COMPLAINT AFTER FINDINGS ARE MADE-WHEN NOT AL-
LOWABLE. (See Pleadings, 4.) 157.

AMENDMENT OF COMPLAINT, UPON ACCOUNT STATED-EFFECT OF UPON AT-
TACHMENT. (See Pleadings, 6-9.) 388.

APPEAL.

1. RIGHTS OF PARTIES WHO HAVE NOT APPEALED NOT CONSIDERED.-A de-
cree in favor of persons, not parties to the suit, who have not appealed,
will not be considered or reviewed by this court. Nesbittt v. Chisholm,

40.

2. APPEAL-ORDER AMENDING RECORDS--REFUSAL TO DISMISS APPLICATION
FOR NEW TRIAL. —An appeal can be taken from an order of court amend-

ing its records concerning the extension of time in which to file and serve
statement on motion for a new trial and from an order denying a motion
to dismiss the application for a new trial. Marshall v. Golden Fleece G.
& S. M. Co., 156.

3. PENDENCY OF APPEAL-WHEN DOES NOT SUSPEND OPERATION OF Judg-
MENT.-The pendency of an appeal, when the appellate court has no other
duty than to affirm, reverse, or modify the judgment appealed from, does
not suspend the operation of the judgment. The judgment is good until
set aside. Cain v. Williams, 426.

FINDINGS, TO BE CONSIDERED ON APPEAL, MUST BE EMBODIED IN STATE-
MENT. (See Findings, 1.) 39.

WHEN STATEMENT ON MOTION FOR A NEW TRIAL IS NOT A STATEMENT ON
APPEAL. (See Statement, 1.) 39.

SUPREME COURT HAS NO JURISDICTION ON APPEAL FROM A JUDGMENT IM-
POSING A FINE AND COSTS FOR AN ASSAULT. (See Jurisdiction, 1.) 89.
STATEMENT ON APPEAL WHEN NOT CONSIDERED. (See Statement, 3.) 91.
WHEN JUDGMENT IN DIVORCE SUIT IS NOT FINAL. (See Judgment, 2.) 215.
SPECIFICATION IN STATEMENT ON APPEAL FROM JUDGMENT OF NONSUIT. (See
Statement, 6.) 228.

WHEN COUNSEL FEES WILL BE ALLOWED IN DIVORCE SUIT BY THE SUPREME
COURT. (See Divorce, 5.) 364.

QUESTIONS NOT RAISED IN COURT BELOW WILL NOT BE CONSIDERED ON AP-
PEAL. (See Sureties, 4.) 427.

ASSAULT.

JUDGMENT OF FINE, IMPRISONMENT, AND COSTS AUTHORIZED BY STATUTE—
HOW ENFORCED. (See Fine, 1, 2.) 76.

SUPREME COURT HAS NO JURISDICTION ON APPEAL FROM A JUDGMENT OF CON-
VICTION OF AN ASSAULT. (See Jurisdiction, 1.) 89.

ASSESSMENT.

LEVY OF ASSESSMENTS AND SALE OF STOCKS AFTER COMPLAINT IS FILED-
FINDINGS NOT SUPPORTED BY THE PLEADINGS. (See Pleadings, 3.) 157.
ASSESSMENT BOOK IS ADMISSIBLE IN EVIDENCE TO DETERMINE INTEREST OF
PARTIES IN MINING GROUND. (See Mining Claim, 3.). 261.

ATTACHMENT.

1. ATTACHMENT UPON ACCOUNT STATED FOR GREATER AMOUNT THAN IS AC-
TUALLY DUE-WHEN NOT CONSTRUCTIVE FRAUD-SUBSEQUENT ATTACH-
ING CREDITORS.-When a party acts in good faith, he is not guilty of
constructive fraud in commencing an attachment suit upon a stated ac-
count for a greater sum than is actually due. His attachment to the
extent of the amount actually due to him is valid against subsequent
attaching creditors. Mendes v. Freiters, 388.

AMENDMENT OF COMPLAINT UPON ACCOUNT STATED-EFFECT OF UPON AT-
TACHMENT. (See Pleadings, 6-9.) 388.

ATTORNEY.

DUTY OF COUNSEL TO ASK FOR INSTRUCTIONS.

(See Instructions, 2.) 207.
NOTICE OF APPLICATION FOR COUNSEL FEES IN ACTION FOR DIVORCE MUST BE
SERVED UPON ATTORNEY. (See Divorce, 1.) 363.

ALLOWANCE of Counsel FEES IN ACTION OF DIVORCE-WHEN MAY BE MADE.
(See Divorce, 3-5.) 364.

WHEN ALLOWANCE OF COUNSEL FEES, IN ACTION OF DIVORCE, WILL BE
GRANTED BY THE SUPREME COURT. (See Divorce, 5.) 364.

BILLS AND NOTES.

ACTION BY SURVIVING PARTNER ON PROMISSORY NOTE EXECUTED IN FIRM
NAME AFTER DEATH OF A PARTNER-SUFFICIENCY OF COMPLAINT. (See
Pleadings, 1.) 85.

BOND.

1. CONTRACT OF INDEMNITY-FILING MECHANICS' LIENS.-A covenant, in a
bond, "to secure the plaintiff and keep it harmless from all liens and
claims of liens" is a contract of indemnity, and is not violated by simply
permitting liens to be filed. It would only be broken when plaintiff was
actually damnified by reason of liens or claims of liens. Carson Opera
House v. Miller, 327.

SURETY ON OFFICIAL BOND CAN NOT RECOVER FULL DAMAGES FROM CO-SURE-
TIES. (See Sureties, 1.) 298.

"ACT RELATING TO SHERIFFS" (Stat. 1861, 104)-LIABILITY OF SHERIFF AND
HIS SURETIES. (See Sheriff, 4-7.) 405.

REPLEVIN BOND-COMPROMISE WITH PORTION OF SURETIES-ACTION AGAINST
OTHERS. (See Sureties, 3.) 426,

CASES CITED AS AUTHORITY.

Allen v. Riley, 15 Nev. 452, in Marshall v. Golden Fleece G. & S. M. Co.,
168.

Barnes v. Sabron, 10 Nev. 247, in Brown v. Ashley, 315, 316.

Bercich v. Marye, 9 Nev. 316, in State ex rel. Rankin v. Leete, 250.

Brown v. Ashley, 13 Nev. 252, in Brown v. Ashley, 317.

Buckley v. Buckley, 12 Nev. 442, in Buckley v. Buckley, 184.

Cohen v. Eureka and Palisade R. R. Co., 14 Nev. 386, in Bunting v. Central

Pacific R. R. Co., 281, 297.

Corbett v. Job, 5 Nev. 201, in Baum v. Meyer, 92.

Coscia v. Kyle, 15 Nev. 395, in Nash v. Muldoon, 410.

Denver v. Hobart, 10 Nev. 28, in State ex rel. Scott v. Trousdale, 360.

Dick v. Caldwell, 14 Nev. 169, in Nesbitt v. Chisholm, 41.

Dilley v. Sherman, 2 Nev. 69, in Brown v. Warren, 234.

Elliott v. Ivers, 6 Nev. 290, in Lonkey and Smith v. Wells, 277.

Evans v. Job, 8 Nev. 322, in State v. Con. Va. M. Co., 443.

Ex parte Blanchard, 9 Nev. 104, in State ex rel. Murphy v. Overton, 142, 150.
Ex parte Darling, 16 Nev. 98, in State ex rel. Murphy v. Overton, 151.

Ex parte Maxwell, 11 Nev. 436, in State v. Pritchard, 109.

Ex parte Spinney, 10 Nev. 323, in State v. Ching Gang, 62; State v. Con.

Va. M. Co., 443.

Fulton v. Day, 8 Nev. 84, in Meyer v. Virginia and Truckee R. R. Co., 353.
Gray v. Harrison, 1 Nev. 508, in Wall v. Trainer, 134.

Hess v. Pegg, 7 Nev. 29, in State v. Con. Va. M. Co., 443.

Imperial S. M. Co. v. Barstow, 5 Nev. 252, in Nesbitt v. Chisholm, 40.

In re Wixom, 12 Nev. 219, in State ex rel. Quinn v. District Court, 78.

Irwin v. Sampson, 10 Nev. 282, in Baum v. Meyer, 92.

Jeffree v. Walsh, 14 Nev. 146, in Brown v. Warren, 239.

Johnson v. Wells, Fargo & Co., 6 Nev. 228, in Iowa M. Co. v. Bonanza M.
Co., 69.

Jones v. Childs, 8 Nev. 125, in Carson Opera House v. Miller, 333.

McWilliams v. Hirschman, 5 Nev. 265, in Iowa M. Co. v. Bonanza M. Co.,
71.

Moresi v. Swift, 15 Nev. 220, in Mendes v. Freiters, 395.

Mosier v. Caldwell, 7 Nev. 363, in Strait v. Brown, 323.

Overman S. M. Co. v. American M. Co., 7 Nev. 312, in Borden v. Bender, 50.
Perkins v. Sierra S. M. Co., 10 Nev. 411, in Lake v. King, 217.

Pratt v. Rice, 7 Nev. 126, in Iowa M. Co. v. Bonanza M. Co., 71.

Rogers v. Hatch, 8 Nev. 35, in Cain v. Williams, 430.

Sias v. Hallock, 14 Nev. 332, in State ex rel. Nevada Orphan Asylum v. Hal-
lock, 378.

Skyrme v. Occidental M. & M. Co., 8 Nev. 237, in Lonkey and Smith v.
Wells, 274.

Solen v. V. & T. R. R. Co., 13 Nev. 123, in Bunting v. Central Pacific R. R.
Co., 297.

State v. Ah Chew, 16 Nev. 50, in State v. Ah Gonn, 61; State v. Ching Gang,
62.

State v. California M. Co., 15 Nev. 240, in State v. Con. Va. M. Co., 438,
443, 450.

State v. Con. Va. M. Co., 15 Nev. 259, in State v. Con. Va. M. Co., 438.

State v. Crozier, 12 Nev., 300, in State v. Hing, 309.
State v. Davis, 14 Nev. 439, in State v. Carrick, 128.

State v. Frazer, 14 Nev. 210, in State v. Johnson, 37.

State v. Hamilton, 13 Nev. 386, in State v. St. Clair, 215.

State v. Hymer, 15 Nev. 49, in State v. Johnson, 38.

State v. Johnson, 16 Nev. 36, in State v. Vasquez, 43.

State v. Larkin, 11 Nev. 330, in State v. Johnson, 38; State v. Hing, 309.

State v. Logan, 1 Nev. 514, in Lake v. King, 217.

State v. McClear, 11 Nev. 61, in State v. Pritchard, 113; State v. Carrick,
126-8.

State v. McCormick, 14 Nev. 348, in State v. Quinn, 90.

State v. McLane, 15 Nev. 345, in State v. Johnson, 39.

State v. O'Connor, 11 Nev. 416, in State v. St. Clair, 215.

State v. Pettinelli, 10 Nev. 144, in State ex rel. Rankin v. Leete, 250.

State v. Pritchard, 15 Nev. 79, in State v. Hing, 309.
State v. Robey, 8 Nev. 321, in State v. Ah Chew, 53.
State v. Rover, 10 Nev. 398, in State v. Pritchard, 106.
State v. Rover, 13 Nev. 18, in State v. St. Clair, 215.
State v. Silver, 9 Nev. 231, in Klein v. Kinkead, 201.
State v. Thompson, 12 Nev. 140, in State v. Hing, 309.