1. Alien Ownership of Lands-How Set Aside. The constitu-
tional provision declaring void "all conveyances of lands
hereafter made to any alien, directly or in trust for such
alien," does not apply to cases in which a citizen deeds to
an alien mortgaged lands in satisfaction of a bona fide mort-
gage debt, since another section of the same constitutional
provision excepts from the prohibition upon alien owner-
ship lands acquired "under mortgage or in good faith in
the ordinary course of justice in the collection of debts."
-Oregon Mortgage Co. v. Carstens.
2. Same. Where an alien has power to hold real estate at all,
a deed to him in violation of the law will pass a title good
against all the world except the state, and one which can
only be attacked by a direct proceeding upon the part of
the state.-Id....
3. Same. The incapacity of a mortgagee, by reason of alien-
age, to take title to real estate, can only be shown in a suit
by the state.-Goon Gan v. Richardson...
4. Same-Effect of Prior Conveyance by Alien. An alien hold-
ing lands in this state under a defeasible title, which is
subject to attack on the part of the state as in contraven-
tion of the constitution, may by deed transfer a good title
thereto to any person entitled to hold it, if no proceeding
has been taken by the state for the purpose of setting aside
the deed to the alien.-Oregon Mortgage Co. v. Carstens..... 165
ANIMALS. See TAXATION, 3, 4.
1. Amount in Controversy. The fact that, subsequent to an
appeal in an action seeking to set aside a conveyance as
in fraud of creditors and subject certain land to the lien of
a judgment, the appellants have had the property in contro-
versy sold under execution in their original action and
have had the judgment therein satisfied to such an ex-
tent as to leave a balance due them of less than $200,
does not constitute ground for dismissal of the appeal.-
Fenton v. Morgan....
2. Objections Not Raised Below. Where a deed executed by an
attorney in fact has been introduced in evidence, without
objection that no proof of the authority under which it had
been executed had been shown, such objection cannot be
raised for the first time on appeal.-Hartigan v. Hoffman.. 34
3. Same. The defense that the statute of limitations has run
against plaintiff's cause of action cannot be raised on ap-
peal, when not raised in the court below by demurrer or an-
swer.-Herrick v. Niesz....
4. Dismissal as to One Respondent-Effect. The fact that a joint
judgment has been rendered for defendants in an action
against a city and a railway company to recover for injur-
ies received through their negligence in maintaining a de-
fective street, and that on appeal therefrom by the plaintiff
but one appeal bond to both defendants as joint obligees
has been given, will not preclude appellant from subse-
quently dismissing as to one respondent and maintaining
his appeal as to the other.-Taake v. Seattle.
5. Dismissal of Appeal-Cessation of Controversy.
pending an appeal by plaintiff in an action of quo warranto
to oust a defendant from office, the defendant is legally
appointed and confirmed in the office, the appeal should be
dismissed.-State, ex rel. Coiner, v. Wickersham......
6. Same. Where pending an appeal the controversy between
the parties, or the rights involved in the action, has ceased
to exist, the appeal will be dismissed upon a showing
thereof, either by the record or by the evidence outside of it,
upon the ground that there is no subject matter upon which
the judgment of the court could operate.-Hice v. Orr..... 163
7. Acceptance of Results of Decree-Estoppel. The failure of
appellants to object to the action of their co-defendants,
in receiving money tendered by plaintiffs pursuant to the
decree of the court, will not estop them from prosecuting
their appeal, when the payment and acceptance of said
money does not put an end to the controversy between the
parties to the appeal.-Utterback v. Meeker... . .
.... 185
8. Dismissal of Appeal-Defective Bond. An appeal will not be
dismissed on account of failure to comply with the exact
terms of the statutory requirements in the appeal bond,
where its conditions are such as to protect every right of
the respondent.-Anderson v. Bigelow...
9. Error of Court-When Cured by Instructions. An erroneous
and prejudicial remark of the trial judge in ruling upon the
relevancy of ceritan evidence, which remark would be calcu-
lated to mislead the jury, is cured by the giving of subse-
quent correct instructions expressly directed to the matter.
Van Lehn v. Morse.....
10. Exceptions. Error of the court in refusing to strike certain
testimony cannot be urged on appeal, when no exception
was taken to such refusal.-State v. McCann..
11. Record on Appeal-Affidavits. Affidavits introduced in evi-
dence at the hearing of a cause in the court below should be
brought into the record on appeal by inclusion in a state-
ment of facts.-Heffner v. County Commissioners...
12. Abstract of Evidence. An abstract of evidence, exhibits,
record and proceedings, prepared and printed by an appel-
lant for the use of the court on appeal, is no part of the
record, and is not authorized by statute or rules of court
and should be stricken from the files on motion therefor.-
Tacoma v. Tacoma Light and Water Co......
13. Assignment of Error by Respondent. In the absence of a
cross-appeal, only the errors complained of by the appel-
lant can be considered, and the court will not examine the
record for the purpose of determining alleged errors or rul-
ings of which the respondent complains.-Id..
14. Assignment of Errors. Errors of the lower court will not be
considered on appeal unless the appellant's brief clearly
points them out as ground for reversal.—Ogle v. Jones...... 319
15. Refusal of Continuance on Amendment of Complaint-Dis-
cretion of Court. The action of the trial court in allowing
plaintiff to amend his complaint and in denying defendant's
motion for a continuance, are not grounds of reversal, when
there is no showing of an abuse of the discretion lodged in
the court in such matters.-Id...........
16. Sufficiency of Bond. When the sufficiency of the sureties
on an appeal bond is challenged by the respondent, and
notice thereof filed as required by law, the bond is there-
after insufficient for purposes of appeal, unless approved by
the judge.-Glover v. Cove.....
17. Instructions - Harmless Error. In a prosecution for ob-
structing a public highway which the evidence shows had
been established by public user for a period of fifteen
years, an instruction that the jury must find from seven to
ten years' user by the public is not prejudicial, in view of
the evidence, when other instructions clearly show the
length of time essential to establish a highway by prescrip-
tion.- State v. Horlacher....
18. Dismissal of Appeal-Limitation on Joinder and Indepen-
dent Appeal. Under Laws 1893, p. 121, §5, where an ap-
peal has already been taken from a decree and is pending
undismissed, another party desiring to join in the appeal,
or take an independent appeal from the same decree, must
do so within ten days after service of notice upon him of the
prior appeal.-Griffith v. Seattle National Bank Building Co. 329
19. Review- Consolidation of Causes. Error in ordering the
consolidation of cases for trial is reviewable upon exceptions
to the order of the court.-Id....
20. Dismissal of Appeal― Failure to File Briefs. An appeal will
be dismissed for failure of appellant to file his brief within
the statutory time, when his only excuse is that he had
been unable to get the brief out and printed within ninety
days after service of appeal, owing to other business which
demanded the attention of appellant's counsel.—Ambrose v.
Gwinnup...
21. Dismissal of Appeal — Absence of Appealable Order. An ap-
peal will be dismissed on the ground that no final judgment
had been entered in the cause, when the record on appeal
does not contain either the verdict or the judgment.- Buck-
ley v. Conley
22. Dismissal of Appeal― Bond Prematurely Filed. An appeal
is ineffectual where notice of appeal is not given until after
the filing of the bond, the latter having in fact been filed
prior to the entry of the judgment appealed from.-Lauren-
deau v. Fugelli .
23. Assignment of Errors.
The assignment of the decree of
the court as error is sufficient, when there are no special
findings of fact separately from the decree, and the validity
of the decree is the single question raised in the brief.—
Goetzinger v. Rosenfeld.
24. Dismissal of Appeal - Judgment for Costs. Upon the dis-
missal of an appeal for want of jurisdiction, judgment for
costs will be rendered against appellant, but not against
the sureties upon the appeal bond.-Henry v. Great North-
ern Ry. Co.....
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