| Summary: | INDEX. 629 NUISANCE. See CRIMINAL LAW AND PRACTICE, 312. ORDER. See PLEADING AND PRACTICE. 1. An order dismissing an appeal is not a final judgment. In re Weoer, H9. 2. An order of the District Court dismissing an appeal from Justices Court is not an appealable order. _ In re IVs/w’, no. 3. An order dismissing an appeal authorized the clerk to enter a judgment from which an appeal could be taken. In re Weber, H9. OPTION CONTRACTS. See GAMBLING, 251. PARTIES. See CERTIORARI, 319. In an action for surplus upon a mortgage foreclosure, all mortgagors in the mort~ gage are necessary parties. Clydr v. jo/mxon, 92. PERSONAL PROPERTY EXEMPTIONS. An action will lie against an officer for the seizure and sale of exempt personal property. Bissom’llz' v. Barnes, 371. PLEADING AND PRACTICE. See CLAIM AND DELIVERY, CREDIToR’s BILL. I. Where an agent sued for commissions and for moneys advanced for his principal in a gambling deal, the principal counterclaimed for moneys advanced the agent as margins, field, that neither party could maintain his contention. Dow: 15:“ Co. v. Glarprl, 25L 2. Upon an action by seller for purchase price of a gas and electric plant, the defendant sustained a counterclaim for damages for deceit of the seller in mak ing the sale. Fargo Ga: (‘5' Col’: Co. v. Fargo Ga: 6* Eler. Co., 219. 3. Where defendant sought to counterclaim for moneys paid upon a promissory note fraudulently altered after its delivery, but where the moneys were paid in ignorance of the alteration, lit/(l, that there being no allegation that the note which was paid was given without consideration, no recovery could be had thereon. Firs! [Vnl’l Bank v. Laugh/in, 39L 4. To entitle ajudgment creditor to an order appointing a receiver of his debtors property, it must be made to appear that the creditor has in good faith exhausted his remedies at law. Mink/er v. U. S. Shoe}? Co., 507. 5. In an action brought for the foreclosure of a lien for personal property taxes, the complaint must contain averments that the tax claimed to he a lien was properly assessed and levied and that the treasurer received the tax book in the year in question. Swanson v. Greenland, 532. 6. Want of consideration for municipal bonds may be plead against a purchaser for value before maturity, when the bonds call for the payment of exchange in addition to principal and interest. Flagg' v. Sclmol Dish, 30. 7. Where it appears that the mortgage under which a sale was made was executed by two parties as mortgagors, one of such parties cannot as mortgagor maintain an action for any surplus arising on the sale, without alleging that the entire right to the surplus had been transferred to the party bringing the action. Clyde v. jolmron, 92.
|
|---|