ABATEMENT-See INTOX L1Q, '.
ABATEMENT OF SUIT-See 'RACT, ".

ABUSE OF PROCESS.

ACKNOWLEDGMENTS

1. Ejectment-Directed Verdict-Defendant obtained a judgment
of forcible entry and detainer against the stepfather of
plaintiff's intestate. At the time the writ of removal was
executed, the intestate was sick with the measles and able
to sit up only a short time. The day was cloudy and cold
and the death of the intestate resulted from the exposure
occasioned by the removal. Held, sufficient to support a find-
ing that there was abuse of process.-Bradshaw v. Frazier,
579.

2. CONTRIBUTORY NEGIGENCE OF NURSE-Where the death of plain-
tiff's intestate resulted from exposure occasioned by the exe-
cution of a writ of removal sued out by defendant, the fact
that the intestate's parents were guilty of negligence in car-
ing for intestate after the exposture constitutes no defense to
an action for abuse of process.-Idem.

ACCEPTANCE-See OFFERS, 2.

1

ACCIDENTS-See EVID, 7, 15, 22, 27, 28, 29; INSUR, 1,*.
ACCOMPLICES-See CRIM. LAW, 3.
ACCOUNTING See ESTATES OF DECED.,
ACCRETIONS-See BOUNDARIES, 2, *; INSTRUCT, '.

1 23 45: GEN. ASSIGN.,'.

ACKNOWLEDGMENTS-See NOTICE.

1. Articles of Incorporation- Acknowledgement-Validity—Where
a certificate of acknowledgment of articles of incorporation
of a mutual fire company is preceded by the name of the
state and county and the signature of the officer is followed
by words "Notary Public," it is sufficient to render the in-
corporation valid, though the body of the certificate does
not recite that the officer is a notary public, or state the
county in which he is authorized to act.-Smith v. Sher-
man, 601.

2. Mortgage Loan by Bank- By Cashier-Where the cashier of
a bank took the acknowledgment to a mortgage made by his
debtor to the bank, the fact that part of the proceeds went
to pay off the cashier's debt did not give him such an interest
therein as to invalidate his certificate of acknowledgment.-
Bardsley v. German American Bank, 216.

ACTION FOR DECEIT-See DECEIT, 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12
ACTION FOR SUPPORT-See INTOX. LIQ., : Loss OF SUPPORT TO
CHILD.

ACTIONS-See CONTRACT. 18

ADJUDICATION-See Divorce, 1; JUDGM, 3.

Small figures refer to subdivisions of Index. The others to page of report.

(755)

AD. Pos.

ΤΟ

APPEAL

ADJUSTERS-See INSURANCE, 3, 4, 5, 28, 29, 30; JUDGMENTS, 1.
ADMINISTRATORS AND EXECUTORS-See COUNTERCLAIM; Es-
tates of Decedents, 12; IntEREST.

ADVERSE POSSESSION.

1.

Easements-Evidence-Defendant, owning the land lying north
of plaintiff's land, purchased a strip along the west side of a
tract cornering his land on the northeast, thereby gaining a
way to a public road lying on the north. Plaintiff subse-
quently purchased a strip lying along the west side of the
tract, adjoining defendant's on the east, so that plaintiff by
passing over such strip onto and over the strip purchased by
defendant, gained a way to the same road. Held, that plain-
tiff, by a mere user of the strip, with no evidence that he
claimed a way as of right did not gain a prescriptive right
of way over the strip owned by defendant.-Friday v. Henah,
425.

2. PRESCRIPTION AND DEDICATION-Notice of Adverse Claim-Code,
section 3004, which requires express notice of adverse claim,
independent of use, to establish an easement by adverse user
does not relate to titles by dedication.-Dodge v. Hart, 685.
AGENCY-See DECEIT, '; CONTRACTS, 10; INSUR., 3, 4, 5, 6, 9, 19, 31; MUNIC.
CORP 4: NOTICE; RAILROADS. 1,, : ELEC. OF REM,; USURY,
AGENT OF OWNER-See INSURANCE, 23.
ALLEYS-See ESTOPPEL 2 HIGHWAYS, 1.

6

2

ALTERNATIVE RELIEF-See PLEADING, 1.

AMENDMENT-See CONST. LAW, 1; PRACTICE, *.

ANIMALS-See RAILROADS, 27.

APPEAL-See Loss OF SUPPORT TO CHILD, ; CONDEMNATION, ';
PLEAD. AND PRACT.,','

1. Abstracts-TIMELY FILINGS-Where appellee's amendment to
the abstract is used for the purpose of bringing before the
appellate court rulings and orders which were made subse-
quent to the decree appealed from, it will be stricken out, and
the case affirmed as to such rulings and orders, where it was
not filed thirty days before the term, as required.-Ruby v.
Downs, 574.

2. AMENDED

costs of an

ABSTRACT-Repetition-Costs-The
amended abstract should not be charged to the party filing it
merely because it contains more repetition than is really
necessary. Bowsher v. C., B. & Q. R. Co., 16.

3. Striking Additional Abstract-The supreme court will not
strike an abstract on the ground that it is not filed in time
under the rules, in the absence of a showing of prejudice.—
Tucker v. Carlson, 449.

4. Acquiesence in Decree Dissolving a Corporation—DESTROYS CA-
PACITY TO APPEAL FROM DISSOLUTION-Appeal from Part of
Decree-Where the court has decreed the dissolution of a
corporation and the appointment of a receiver, and the cor-
poration appeals from the portion of the decree appointing
the receiver, but not from that ordering dissolution, its
acquiescence in the decree of dissolution terminates its exist-
Small figures refer to subdivisions of Index. The others to page of report.

APPEAL Continued

ence so that it has no capacity to prosecute an appeal from
the other division of the decree.-State v. Fidelity L. & T.
Co., 439.

Argument-See ", post.

5. The appellate court may properly disregard a question not re-
ferred to in the printed argument.-Butterfield v. Treichler,
328.

Assignment of Errors.

6. ASSIGNMENT IN CONNECTION WITH ARGUMENT-Where an assign-
ment challenging a ruling on a motion to strike out an
amended prayer in a petition is found in connection with
appellant's argument, such assignment was sufficient.-Hogue-
land v. Arts.

7. SUFFICIENCY-An assignment of error which simply states that
the trial court erred in its action on a motion is not sufficient,
the motion containing seven grounds. In re Jamison, 720.
8. Same-The court erred in rulings on evidence to which plain-
tiff excepted, as shown in this abstract; erred in sustaining
motion (containing seven grounds) from the jury and erred
in not submitting the case to the jury, are insufficient.-Dairy
v. Iowa Cent. Ry. Co., 716.

9. Motion Having Several Grounds-Where a motion contains sev-
eral grounds, an assignment that the court erred in ruling
on the motion is insufficient.-Phelps v. Samson, 146; Huss
v. R'y, 343.

10. TRANSFER TO EQUITY DOCKET MADE IN LAW ACTION--Where
plaintiffs in an action for rent, in which they ask for equit-
able relief to which defendants pleaded a chattel mortgage
as a superior lien, failed to assign error on an order trans-
ferring a case to the equity docket, they cannot review the
order on appeal.-McClelland v. Paul, 208.

11. TRIAL DE Novo-Where a cause is triable de novo on appeal,
and is presented on such theory by appellant, errors assigned,
which relate to the introduction of evidence, will not be con-
sidered.-Foy v. Armstrong, 639.

12. Assignment of Error Necessary as to Rulings on Motions and
Demurrer-Where no error was assigned as to rulings on a
motion to strike out an amendment and on demurrer to the
answer in an equity case, such rulings cannot be reviewed
on appeal, though the case is tried de novo.-Hogueland v.
Arts, 634.

Attorney Fee-See ", post.

13. Not Granted on Certiorari from Discharge for Contempt-On
certiorari brought to test the legality of an order discharging
a defendant, and adjudging him not guilty of contempt in
violating an injunction against selling liquors, plaintiff's mo-
tion to tax his attorney fees and costs could not be passed on,
where no judgment had been rendered, and the defendant
was not before the appellate court.-Garrett v. Bishop, 23.
Bill of Exceptions- May be properly filed before final entry of
judgment.-Roe v. McCaughan, 274.

14.

Small figures refer to subdivisions of Index. The others to page of report.

APPEAL Continued

Certiorari-See 28, post.

Condemnation - See 20, post.
Contempts-See 13, ante
Corporation-See, ante.

Correction of Record-See ", post.

Exceptions-

15. ADMISSION OF EVIDENCE-Where there was no exception to the
court's ruling on the admissibility of evidence, an objection
to the ruling will not be considered.-Parker v. City of Ot-
tumwa, 649.

16. MISCONDUCT OF COUNSEL-Where counsel is cautioned as re-
quested concerning his opening statement and no subsequent
action of the court is requested because the caution has not
been observed, a mere exception noted at the end of the
opening statement will not bring up for review the question
whether counsel had conformed to the said direction of the
court.-Klos v. Kahorik, 161.

17. REMARKS OF TRIAL JUDGE-If no exception was taken, at the
time, to a remark of the court, all objections thereto were
waived.-Long v. Travelers Ins. Co., 259.

18.

STATING ISSUES TO JURY-Where the trial court did not state
the issues to the jury otherwise than by copying the plead-
ings in his charge, the judgment should not be reversed on
that ground alone.-McDonald v. Bice, 44.
Issues-See 18, ante.

Judgment-See

bust.

Misconduct of Counsel-See 16, ante.
Misconduct of Judge - See " ante.

19. Notice ON CO-DEFENDANT-When Not Required-Where plain-
tiff dismissed his action as against one defendant, and the
controversy on appeal can be determined without affecting
the rights of such defendant, plaintiff cannot complain of
the other defendant's omission to serve such defendant with
notice of appeal.-Tucker v Carlson, 449.

20. CONDEMNATION FOR SCHOOL PURPOSES-Where, on appeal to the
district court from an award of damages in proceedings to
condemn lands for school purposes the notice of appeal was
properly entitled, making the school district defendant, was
addressed, "to said defendant," while also naming the presi-
dent of the board and county superintendent, and served on
the president, an objection that the notice was insufficient be-
cause not directed to or served on the school district, was
not well taken.-Haggard v. Ind. School Dist. Algona, 486.
21. County Superintendent and Sheriff-Code, section 2815, de-
clares that proceedings for the condemnation of land for
school purposes are to be instituted before the county super-
intendent, and that from an estimate of damages by him an
Small figures refer to subdivisions of Index. The others to page of report.

APPEAL Continued

appeal may be taken by giving notice thereof as in case of
taking property for works of internal improvements. Sec-
tion 1999 provides that on a condemnation of private prop-
erty for works of internal improvement the sheriff shall ap-
point freeholders to assess the damages sustained, and make
report to him, and a subsequent section declares that an ap-
peal notice shall be served on the sheriff. Held, that since,
under section 1999, the notice of appeal is to be served on
the officer before whom the proceedings are conducted, it
is proper, on appeal to the district court from the award of
damages on condemnation of land for school purposes, to
serve the notice of appeal on the county school superintend-
ent instead of on the sheriff.-Idem.

22. SIGNATURE BY ATTORNEY SUFFICIENT-A notice of appeal from
a decree, reciting that plaintiff appealed therefrom, and
signed by plaintiff's attorneys on behalf of their client is not
defective because not signed by the client.-Hogueland v.
Arts, 634.

23. TAX REVIEW-On Whom to be Served-Plaintiff appealed from
the assessment of the defendant city council, acting as a
board of review, and the acceptance of notice of appeal,
signed after the board's adjournment, was "J. B. Seibert,
Chairman." Code, section 1370, makes the city council the
reviewing board therein, and section 1373 provides that an
appeal may be taken from the action of the board by a
written notice to the chairman or presiding officer of the
reviewing board........Code, section 658, prescribes that the
mayor shall be the presiding officer of the council and that
the selection of a chairman pro tem. to act in the mayor's
absence shall be recorded. At the time plaintiff's assess-
ment was reviewed, the mayor was not in his room, but
in the adjoining office, and the meeting was presided over by
J. P. Seibert, who has been previously elected chairman pro
tem., though such election had never been recorded. Held,
that the notice of appeal was not properly served within the
statute, the mayor being the person on whom service should
have been made.-Frost v. Board of Review, 547.

24.

TIMELY SERVICE-An appeal will be dismissed where the no-
tice was not served in time.-Roe v. McCaughan, 274.

25. Rule Applied-A notice of appeal from the vacation of a judg-
ment must be served within six months thereafter and not
six months from the final judgment entered after such vaca-
tion.-Idem.

Objections-See 40, 41, post,

Presumptions-See 38, post.

26. Remittitur-Appellee can avoid reversal for an improper recov-
ery by remitting its amount by offer made in this court.-
Bowsher v. C., B. & Q. R. Co., 16

Review-See 45, 46, post.

27. ATTORNEY FEES-Granted by Judgment Instead of as Costs-
Where a judgment, signed by the court, allowed attorney's
fees on amounts collected by plaintiff's attorney, before suit

Small figures refer to subdivisions of Index. The others to page of report.