interest in his debtor would not disqualify him as an officer to attest papers; that the policyholder's prospects of drawing dividends were swallowed up in his rights as a creditor; that his chance to share in the surplus assets depended on a dissolution occurring while he was still a policyholder, and on an effect being given the "income certificates" issued since his policy, under a new charter clause dividing the assets among the certificate holders pro rata, whereby they would not be entitled to all the assets; that this rendered the policyholder's interest in the assets so conditional, uncertain, and ambulatory that it could not defeat the official act honestly performed.

It has been held that the mere fact that a man is an officer of a corporation does not furnish the presumption that he is a stockholder in the corporation, so as to disqualify him from taking the acknowledgment of a corporate instrument.

quently disqualified to take such acknowledgment.

And, in Horbach v. Tyrrell (1896) 48 Neb. 514, 37 L.R.A. 434, 67 N. W. 485, it was held that the fact that one is shown to be a secretary and treasurer of a corporation will not authorize the presumption that he is a stockholder of such corporation, and disqualify him to take the acknowledgment of corporate instruments.

In Ogden Bldg. & L. Asso. v. Mensch (1902) 196 Ill. 554, 89 Am. St. Rep. 330, 63 N. W. 1049, the court said, obiter: "It is well, as it seems to us, to here remark that an attorney or agent of a party who is beneficially interested in a deed or mortgage, or one who is a director or other officer, or an agent, but not a stockholder, in a corporation which is interested in the instrument to be acknowledged, is not disqualified to take and certify to an acknowledgment in an official capacity."

In Wolf v. Union Trust Co. (1926) 150 Md. 385, 133 Atl. 121, it was held that the vice president of the payee bank was not disqualified by his office from protesting a note as a notary public, it not appearing in this case that the vice president was a stockholder in the corporation. R. L. M.

ANARCHY.

Libel or slander by charging anarchism,
see LIBEL AND SLANDER.

ANIMALS.

Damages for breach of warranty as to,
see DAMAGES.

Warranty on sale of, see SALE.

Property rights in.
Constitutionality of statute making pres-

ence of brand on animal prima facie
evidence that animal belongs to
owner of brand. 51-1168.

Killing or injuring.
Railroad company's liability_for injury to

animals on track, see RAILROADS.
Diseased animals.

Damages for sale of live stock infected

with disease, see DAMAGES.
Fraud in concealing diseased condition,
see FRAUD AND DECEIT.

Implied warranty of fitness for breeding
as including warranty against com-
munication of disease, see SALE.

ANTICIPATION.

Injunction against anticipated or
threatened nuisance, see NUISANCES.

APPEAL AND ERROR.

Contempt case, appeal in, see CONTEMPT.
Decisions reviewable; finality of judg-
ment or decree.

Formal judgment or order, necessity of.

51-1200.

contempt cases.

Criminal contempt, denial of right to ap-
peal from judgment imposing fine
for. 51-356.

criminal cases.

Criminal contempt, see ante.

Record and case in appellate court
-evidence.

Letter not appearing in record, power to
pass on error in excluding. 51-29.
Necessity of raising question below
as to instructions.

Interest, refusal to consider instruction
as to, not excepted to at trial. 51-
542.

Raising question by motion as to evi-
dence; necessity of final ruling.
Deposition, court's statement in response
to objection to testimony in, that he
would exclude certain portions of it,
as a final ruling which may be made
ground of exception. 51-1114.
General rule that exception must be taken
to a specific and definite ruling by the
court. 51-1114.

Rules of decision as to evidence in re-
viewing order on motion to direct
verdict, etc.

Considering evidence most favorable to
losing party on direction of verdict.
51-983.

51 A.L.R.-97.

See CONSENT.

evidence.
Co-conspirators, admission in action
against, of evidence obtained by il-
legal search of premises of one con-
spirator as requiring reversal of
conviction of others. 51-409.
Record as affecting power to review, see
ante.

as to instructions.
Insurance policy, instruction as to con-
struction of, in favor of insured. 51-
1040.

Misleading instructions on matters not in
issue. 51-21.

Total disability, instruction as to inter-
pretation of provisions of policy as
to. 51-1040.

-as to findings, verdict, or judgment.
Contract, reliance by court upon void

statute in canceling, rather than
upon fraud relied upon for relic'
51-1135.

ASSESSORS.

Tax assessors, see TAXES.

ASSETS.

Bank's power to pledge assets, see BANKS.

ASSIGNMENT.

Judgment, see JUDGMENT.

Set-off as against assignee, see SET-OFF
AND COUNTERCLAIM.

ASSIGNMENT FOR CREDITORS.
Priority of claims.

State's prerogative right of preference
at common law. 51-1366.

ASSOCIATIONS.

Acknowledgment of instrument by asso-
ciation before officer who is member
thereof, see ACKNOWLEDGMENT.
Court's jurisdiction over associations, see

Courts.