ASSIGNED ACCOUNTS. See ASSIGNMENT, 1, 2; ACTION, 1.
1. ASSIGNOR AND ASSIGNEE OF ACCOUNT-LIABILITY OF DI BTOR.-A debtor is
not liable to the assignor and assignee of an account at the same time, and
where the assignee s have an undoubted right to sue, the assignor cannot
maintain an action commenced in his own name. Peck v Dodds, 204.
ACTION TO QUIET TITLE. See QUIETING TITLE, 1, 2.
1. AGENCY-PRINCIPAL NOT BOUND BY THE UNAUTHORIZED ACTS OF AN AGENT.-
A principal is only bound by the acts of an agent when acting within
the scope of his authority. Lonkey & Smith v. Succor M. & M. Co., 17.
GENERAL POWER OF ATTORNEY-HOW CONSTRUED. See POWER OF ATTOR-
NEY, 1, 2.
1. STIPULATION NOT TO APPEAL ENFORCED.-A stipulation made between the
parties to a suit in the court below, whereby they mutually agreed, in
consideration of a delay in the issuance of an execution upon the judg-
ment, that no appeal should be taken to this Court, is binding upon the
parties, and an appeal taken in violation of such stipulation will be
dismissed. Wheeler v. Light, 200.
2. APPEAL WHEN TAKEN FOR DELAY-DAMAGES.-Where an appeal is mani-
festly taken for delay, damages equal to ten per cent. of the judgment will
be awarded by this Court; and if the act of appellant occasions a delay of
more than five months, damages will be allowed at the rate of two per
cent. per month. ld.
3. STATEMENT ON APPEAL WHEN DISREGARDED.-A transcript containing an
abstract of the minutes reciting in detail the orders of the court and pro-
ceedings during the trial, presented independently in the apparent
order of the trial and proceedings, does not constitute a statement on
appeal and must be disregarded. Irwin v. Samson, 282.
4. IDEM-VERIFICATION OF TRANSCRIPT AND STATEMENT. —A stipulation that
"the foregoing transcript on appeal is correct, and shall be the tran-
script in this case on appeal,” signed by the respective counsel, applies
to the verification of the transcript under the provisions of section three
hundred and forty of the Practice Act, and not to a statement on appeal
as required by section three hundred and thirty-two. Id.
5. APPEAL FROM JUDGMENT MUST CONTAIN JUDGMENT-ROLL.-Where the appeal
is taken from the judgment the statement on appeal must be annexed
to the judgment-roll, as provided in section three hundred and thirty-six
of the Practice Act. Id.
6. APPEAL DISMISSED FOR WANT OF A STATEMENT.-Where there is no state-
ment on appeal, no proper assignment of errors, and no judgment-roll,
the appeal must be dismissed. Id.
7. APPEAL-FORECLOSURE OF MECHANIC'S LIEN.-Where a suit to foreclose a
mechanic's lien is brought in a justice's court and appealed to the dis-
trict court: Held, that an appeal lies from the district court to the Su-
preme Court. Dickson v. Corbett, 439.
8. APPEAL WHEN IT MAY BE TAKEN.-Section 330 of the Civil Practice Act
(Stat. 1869, 248) authorizes an appeal to be taken from a final judgment
in an action or special proceeding. Kehoe v. Blethen, 445.
MOTION TO REINSTATE APPEAL. See RULES OF COURT, 2.
ASSAULT WITH INTENT TO ROB. See ROBBERY, 1, 2.
WHEN VALID. See TAXES, 2.
OMISSION TO STATE NUMBER OF ACRES DOES NOT INVALIDATE ASSESSMENT
OF RAILROADS. See TAXES, 4.
VALUE OF ASSESSABLE PROPERTY-HOW ASCERTAINED. See TAXES, 5, 6, 7.
1. VALUATION OF PROPERTY--ASSESSORS NOT BOUND BY SWORN STATEMENTS.-
The provisions of section 6 of the revenue act (2 Comp. L. 3130)
are intended for the benefit of the State, and not for that of the tax-
payer; the assessor is not obliged to demand a sworn statement before
making his assessment, and is not bound by it if delivered to him.
State v. Central Pacific R. R. Co., 48.
2. IDEM--ASSESSORS MUST EXERCISE THEIR Own Judgments, WHEN.-Where
property is visible and open to inspection, the assessor should exercise
his own judgment in the valuation, and not be governed by the opinion
of the taxpayer. Id.
1. ASSIGNOR OF ACCOUNT CANNOT SUE, WHEN.-The assignees of an account
cannot authorize the assignor to bring suit in his own name, while they
retain the absolute property in the account. Peck v. Dodds, 204.
2. IDEM-LIABILITY OF DEBTOR.--A debtor is not liable to the assignor and
assignee of an account at the same time; and where the assignees have
an undoubted right to sue, the assignor cannot maintain an action com-
menced in his own name.
WHEN AUTHORIZED TO BRING SUIT IN THE NAME OF THE STATE. See TAXES, 9.
EVIDENCE TO BE CONSIDERED MUST BE CONTAINED IN A BILL OF EXCEPTIONS.
See CRIMINAL LAW, 11.
GIVING OF, WHEN ESSENTIAL TO VALIDITY OF A CONTRACT. See CONTRACTS, 5.
IN ACTIONS TO QUIET TITLE. See QUIETING TITLE, 2.
CASES CITED AS AUTHORITY.
The Yellow Jacket S. M. Co. v. Stevenson, 5 Nev. 224; Hillyer v. The
Overman S. M. Co., 6 Nev. 51, in Lonkey & Smith v. Succor Mill and
Mining Company, 17; and in State ex rel. Sears v. Wright, 170.
The State of Nevada v. The Western Union Telegraph Company, 4 Nev.
338-347; Hale and Norcross v. Storey County, 1 Nev. 104; The State of
Nevada v. Real Del Monte, 1 Nev. 523; Wright v. Cradlebaugh, 3 Nev.
341; The State of Nevada v. The Central Pacific R. R. Co., 7 Nev. 103;
Thompson v. Commissioners of Washoe County, 7 Nev. 83; Robinson
v. Imperial S. M. Co., 5 Nev. 44; The State of Nevada v. Central Pacific
R. R. Co., 9 Nev. 88; The State of Nevada v. Kruttschnitt, 4 Nev. 207,
in The State of Nevada v. The Central Pacific R. R. Co., 47.
The State of Nevada v. Pierce, 8 Nev. 296; The State of Nevada v. Mil-
lain, 3 Nev. 451, in The State of Nevada v. Smith, 106.
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