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 trespass. The original trespassers most respond to the ex- tent of the damages. Greenleaf on Evidence, Vol. 2, Redfield's edition, 1868, page 550, and notes and authorities there cited; Sedgwick on the Measure of Damages, 5th edition, 615, 617, 618, Note 1, and authorities.

We find no error in the record. The judgment below is

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1. ATTORNEYS FEES:. A stipulation in a promissory note for the payment of a certain sum as attorney's fees if suit is commenced thereon, is valid, and may be enforced in an action on the note.

The facts sufficiently appear from the opinion,

J. L. JoUey, for appellant.

Bartlett Tripp, for appellee.

, J.—This case comes here on an appeal from the District Court in Clay county, where the same was instituted by the plaintiff upon a promissory note, made and executed