ted, in denying his motion. For, as already stated, he is not complaining of injustice or injury in the amount of the judgment rendered; he is seeking no reversal on the ground that the sum recovered is excessive, or that he was in any way surprised or prejudiced by the evidence offered in proving the plaintiff's account. A judgment will not be reversed for errors which could not have prejudiced the appellant.

The ground averred in plaintiff's affidavit for attachment is, “that the debt was for work and labor performed, which should have been paid at the time the work and labor was performed." This averment was duly traversed and put in issue by affidavit in the usual form. But by stipulation of the parties, the trial of this issue was postponed till the final hearing; and it was then submitted to, and determined by, the court in connection with the principal case. The proofs show that plaintiff was working for defendant by the day; that there was no stipulated time for payment of his wages, but that they were paid from time to time as plaintiff needed the money, and made demand therefor; that either party might terminate the contract of employment, as defendant did, at any time; and that when discharged, plaintiff demanded the wages then due and unpaid. Where by contract. one is employed by another to work by the day or month, and nothing is said as to the time of payment for services to be rendered, his wages are due, and may be demanded at the close of each day, or month, as the case may be. We think such services are comprehended within the meaning of the statute relied on, and that after demand for the amount due, the laborer may maintain his attachment preceedings. The court was justified in sustaining the attachment sued out in this case.

This conclusion disposes of the remaining assignment of error. The judgment will be affirmed.

DE LAPPE v. SULLIVAN.

Filed February 8, 1884.

The same questions are here presented as in De Lappe v. Sullivan, ante, 926, and the decision therein is followed

Appeal from county court of Lake county.

PER CURIAM. The questions submitted for adjudication in this cause are identical with those considered in the case of DeLappe v. Sullivan, ante, 926. The evidence in no way changes or modifies the conclusions there arrived at. This appeal must therefore be determined in the same way.

The judgment of the county court will be affirmed.

HUGHES v. CUMMINGS.

Filed February 15, 1884.

Where no defect appears on the face of the record, the judgment of a court of general jurisdiction is exempt from attack, save in a direct proceeding.

Where the court has no jurisdiction to try the issue raised by a pleading, a demurrer thereto is properly sustained.

Rehearing denied.

Error to district court of Clear Creek county. Petition for rehearing.

W. T. Hughes and C, C. Post, for plaintiff in error.

R. S. Morrison, for defendant in error.

HELM, J. We have examined carefully the exhaustive argument of counsel upon this application; but neither the reasons assigned nor the authorities cited warrant us in changing our views. An effort was made to impeach the correctness of the record of a court of general jurisdiction in a collateral proceeding. This court has held that unless the defect complained of appears on the face of the record itself, the judgment of such a court is exempt from attack, save in a direct proceeding. The adoption of any other rule would render all judgments insecure, and result in the most disastrous consequences.

The district court had no jurisdiction to try the issue made by replication; therefore no error was committed in sustaining defendant's demurrer thereto.

Rehearing denied.

END OF VOLUME 1.

INDEX.

| This index refers to the pages in the body of the book in every instance, including
cross-references.]

ABSTRACT. See APPEAL, 537.

ACCESSORY. See CRIMINAL LAW AND PROCEDURE, 782.

ACCOMPLICE.

Conviction may be had upon the uncorroborated testimony of an accomplice, but
such testimony is always to be received with caution. (N. M.) 357.
Evidence to corroborate an accomplice must not only corroborate his story in a
general way as to the fact of the crime itself, but tend to show that defend-
ant took part in the commission of the crime. (N. M.) 357.

ACTION. See DAMAGES, 32; Death Caused by NegligenCE, 748; EJECTMENT,
193, 804, 909; JUDGMENT, 808; REPLEVIN, 842.

ADMINISTRATOR. See ESTATES OF DECEDENTS, 205.

ADMISSIONS. See ELECTIONS, 912; ESTATES OF DECEDENTS, 889; PRACTICE,
809.

ADVERSE CLAIM.

Possession by plaintiff of the property affected by the claim at the commence-
ment of the suit is essential in an action for determination of an adverse
claim, estate, or interest. (Or.) 292.

ADVERSE POSSESSION.

Land protected by a substantial inclosure, and no more than actually occupied, is
to be deemed as held adversely. (Mont.) 19.

Pleading ownership during a period sufficient to make the statute of limitations
available, and a denial of the same in the answer, necessarily raise the issue
of adverse possession. (Mont.) 284.

Possession of public land under pre-emption claim is adverse to that of contest-
ant under timber-culture entry, whose title is finally sustained, and he can-
not maintain replevin for wheat sown on the land by the pre-emptor while
in possession, and a chattel mortgage of the wheat by such pre-emptor will
be valid. (Kan.) 664.

Taxes assessed upon land during claimant's occupancy of it must be paid in order
to establish adverse possession. (Cal.) 747.

Sec MINES AND MINING, 16; STATUTE OF LIMITATIONS, 298.

AFFIDAVIT. See APPEAL, 717; ARREST IN CIVIL ACTION, 510; ATTACHMENT,
626; GARNISHMENT, 102; INSOLVENCY, 495; NEW TRIAL, 62; SERVICE BY
PUBLICATION, 632.

AGENT. See PRINCIPAL AND AGENT, 782, 797.

AGREEMENT. See STATUTE OF FRAUDS, 100.

ALIENS.

Foreigners, under article 1, § 6, of the constitution, whether naturalized or not,
if they are bona fide residents of the state, may possess, enjoy, and inherit
property, and the legislature cannot abridge, though they may enlarge, these
rights. (Nev.) 754.

See MINES AND MINING, 759.

AMENDMENT. See ARREST IN CIVIL ACTION, 510; PRACTICE AND PROCED
URE, 86.

AMOUNT IN CONTROVERSY. See JURISDICTION, 218.

ANSWER. See MINES AND MINING, 320; PLEADING, 320.

APPEAL.

Abstract or brief statement of case not being filed, the appeal will be dismissed unless there is an express understanding that the case shall be heard on its merits. (Wyo.) 537. Affidavit of service of notice of appeal by leaving notice in office of attorney, in a conspicuous place, must state that all the conditions of the statute authorizing such service have been substantially complied with, or it will be disregarded. (Idaho.) 717.

Bill of particulars may, on motion, be made more certain on an appeal from a justice of peace. (Colo.) 926.

County commissioners have no judicial functions, and on appeal from orders of the board to the district court, matters decided can only be brought to su preme court for review by writ of error. (Idaho.) 718.

Error in sustaining a motion for nonsuit cannot be considered when the evidence is not before the court. (Mont.) 19.

Judgment on nonsuit should be brought up for review by a statement on appeal, and not by a bill of exceptions or statement on a motion for a new trial. (Mont.) 315. Judgment roll is not required to be made until final judgment has been entered, and an appeal from an interlocutory judgment will not be dismissed because the entire judgment roll has not been brought up. (Cal.) 418.

Motion for nonsuit being no part of the judgment roll the evidence contained therein cannot be considered. (Mont.) 286.

Notice of appeal must contain a particular description of every ruling, order, decree, or decision whereby appellant claims to have been aggrieved. (Wash. T.) 351.

Order of court granting a nonsuit and refusing a motion to file an amended complaint, when the record does not point out the errors, will not be reversed. (Mont.) 312.

Order of court, of its own motion, setting aside a verdict, is reviewable on appeal, but will not be interfered with unless abuse of discretion is shown. (Cal.) 36. Questions of fact cannot be examined except upon appeal from an order granting or denying a new trial. (Mont.) 544.

Record not containing testimony, where a nonsuit has been granted and a motion to file an amended complaint refused, the decision cannot be reviewed. (Mont.) 312.

Statement on appeal may, within 20 days after entry of judgment or order appealed from, be filed and settled, and the district court will still retain jurisdiction, though the appeal be perfected before such statement is filed. (Nev.)

753.

Transcript not being filed may be cause for dismissal. (Wash. T.) 353.
Transcript not being filed, appeal dismissed. (Cal.) 46.

Verdict or finding cannot be set aside as not sustained by the evidence, except on review of the statement on motion for a new trial. (Nev.) 390.

See CONTEMPT, 414: COUNTY SEAT, 718; COSTS, 525; CRIMINAL LAW AND PROCEDURE, 108, 646, 744, 893; ESTATES OF DECEDENTS, 73, 544, 546; JUSTICE OF THE PEACE, 806, 878; MANDAMUS, 245; NEW TRIAL, 350, 418; PARTITION, 418; PRACTICE, 721; TAXATION, 208; TRIAL DE Novo, 64.

APPLICATION OF PAYMENTS.

Mortgagee may apply proceeds of sale of property to payment in full of some of the notes secured by the mortgage, leaving the others unsatisfied, and the surety on the unpaid notes cannot compel a different application. (Or.) 91. Mortgage notes generally are to be paid out of mortgage fund in the order of maturity, in absence of agreement or equity requiring different order, and when two are due same day, and fund is insufficient to pay both, they will be paid pro rata, and these rules apply whether notes are in hands of original mortgagee or are held by him and others, or entirely by others. (Kan.) 778. ARBITRATION.

Awards should be rendered separately where separate submissions are made on the part of each of two defendants, and defendants are not estopped from asserting the invalidity of the awards by consenting to a common trial or paying separate sums awarded. (Cal.) 32.

ARGUMENT. See CRIMINAL LAW AND PROCEDURE, 161.

ARREST IN CIVIL ACTIONS.

davit for arrest on motion to vacate order may be challenged as insufficient
by defendant, although he has filed an affidavit denying the truth of the mat-
ters stated in the affidavit. (Kan.) 510.

Amendment of affidavit for order of arrest may be allowed by a district judge at
chambers. (Kan.) 510.

Motion to vacate order of arrest may be made at any time before judgment, al-
though defendant has already given bail. (Kan.) 510.

ASSAULT AND BATTERY.

Information charging "that on 29th day of May, 1882, one B., in the county of
Chase and state of Kansas, then and there being, then and there, with a
deadly weapon, to-wit, a pitchfork, did with said deadly weapon commit an
assault and battery upon the person of M. with the unlawful and felonious
intent then and there to kill, maim, and wound said M.," will sustain a con-
viction for assault and battery. (Kan.) 630.

ASSIGNMEMT. See BANKS and Banking, 887..

ATTACHMENT.

Affidavit for attachment sworn out 18 days before it is filed or the action com-
menced, charging some fact which, having occured, is not subject to change,
as that the debt was fraudulently contracted, will not necessitate a discharge
of the attachment. (Kan.) 626.

Consignee of goods, shipped with direction to sell and pay advances, has title from
time of shipment; and the consignor cannot maintain an action for attach-
ment in the hands of a common carrier for a stranger's debt. (Mont.) 338.
Partner's name being added by way of amendment, in action by firm, will not
vitiate the levy, and defect cannot be taken advantage of by subsequent at-
taching creditors, although no formal change of title is made in affidavit or
order of attachment, and the petition as amended is immediately refiled.
(Kan.) 849.

See JUSTICE OF PEACE, 773.

AUTHENTICATED COPY. See EVIDENCE, 889.

AWARD. See ARBITRATION, 32.

BAIL-BOND.

Complaint charging party with larceny of two "cattle," the property of "Page
Bros.," will justify suit on bail-bond when such party fails to appear and
defend. (Cal) 493.

BALLOTS. See COUNTY SEAT, 912; ELECTIONS, 737, 816.

BANKS AND BANKING.

Assignment by one bank to another that assumes all its debts and liabilities, puts
such bank in the precise relation to creditors that the assigning bank bore.
(Cal.) 887.

Statute of limitations will not bar an action to recover money deposited in a bank
in this state. (Cal.) 887.

See TAXATION, 254.

BASTARDY.

Costs of sheriff for serving subpoenas and other papers in prosecution under Comp.
Laws 1879, c. 47, "providing for maintenance and support of illegitimate
children," are not chargeable to the county. (Kan.) 644.

BEER.

See INTOXICATING LIQUORS, 650.

BILL OF EXCEPTIONS. See CRIMINAL LAW, 654.

BILL OF LADING. See COMMON CARRIER, 496; NEGLIGENCE, 821.

BILL OF PARTICULARS. See APPEAL, 926.

BOUNDARIES. See ESTOPPEL, 187; MINES AND MINING, 320.

BRIDGE. See MUNICIPAL CORPORATIONS, 685.

CATTLE-GUARDS. See RAILROAD COMPANY, 800.

CERTIFICATE. See JURY AND JURORS, 533; MINES AND MINING, 919; TAX

SALE, 401.

CHALLENGE. See JURY AND JUROR, 21, 161.