Omaha daily bee., 1885-02-20
SUPREME COURT OPINIONS.

Supreme court ofiNebrasks, Tuesday, Feb
ruary 18th, 1885.
Court met pursuant to adjournment. AL
bre,ht VS. TreitsOhko. Error from Douglas
county. Reversed. Opinion by Reese, j.
Where a judgment creditor proHAres the ex.
emp. wages due a laborer to be tai en- by gar
nisnee process, and applied to the payment of
his JUDGMENT, a canss of action arises in favor
of the judgment dsbtor against The creditor
for tie amount OF such wages wrongfuliy APP
prOpriated, unless the right of exemption is
waived by the debtor.
kiewit vs. Harris. Error from Douglas
ounty. Affirmed. Opinion, by Rec Q, J.
PlainLtf bruu gut an act Oh against ds fel d
ants fer a balm ce due on the price of certain
brick alleged to have been sold to them and
used in the construction of ~ certain blick
building erected by them. The answer cf de.
lfendants was a generol de NAL On the trial,
zone Z. te tilted shat he YVES th4cOrtractor who
Furnished tbs material and, constructed the
building in which the brick were used; that he
purchased the brick of plaintiff, and the pay
ments made on the price were paid by him for
himself to plaintiff and for which plaintiff had
executed to him certsin receipts ION account. "
These receipts were introduced in evidences.
D. fendanS' alIo, over the objection of plain.
tiff, introduced in evidence the contract ns
which Il ayr ed t. furnish the brick and con,
struct the building. Held that the admis SION
of the contract was not error, there being NJ
~recitals therein which could prejudice plain
tiff. Held also, that Ii uhe contract was moi
essential to the defera aud therefore mol
necessary, thu error was without prejudice.
Enyeart VIZ. Davis, error from Washington
coaHty, affirmed, opinion by Cobb, Oh. j
Where a lessee wAs Ia posi- ssion OF a farm
under a lease from the owner for o term of five
yeats, which lease gave tbs lessee an option
to buy the farm at any time during the term
at a specified price, and within aha second
year of the term he received and accented q
new lease from the o Vner for the term of two
years, which second lease Contained a clause
that the lessee would at the end sS said term
quietly and peacefully ield up possession OF
the said prem ses unto the lessor, in as good
conoition as the same were hen entered upon
or inary we,r or damage by FIRE excepted,
Held, a surrender of the former lease by opPr
alton of law, z. The que ,tioR of admissibis
ity of evidence on the grouhd of relevancJ
cannot be raised in a cause tried to a cou1,
without a jury,
county. Affirmed. Opinion by Reese i,
/, An undertaking in attachment signed b.
the attachment p%(siatitf as principal and
firm or partnership as surety is prima fvi
good. Cobb,C j Nissents.
.. Under the provisions Of section iow ,e,,
page 73 of the compiled statutes, an Att ,Ine
at law shall not be allowed by the clark To he
come surety upon an attachment undo, takino
But if The clerk IN violation of such sfatut
approves such undertaking, tbs ,urety
: bound thereby, and the undertaking viii i
, held good upon a motion to discharge "a a
tachment for the reason that NJ uadertakip
has been filed as required by law"
Donovan We. Fowler. Error .fIom I,snossl,
county, Reversed. Opiaion.by Reese, ,
s /. An answer Consisting Of a sensral d
[, lnial Of each and every allegation in the net
ton PAGES in issue all the allegations cor
TIMED therein.
.. In an action on a prOmiFsory note lin II
! d strict court au answer consisting OF tuC
o general denial la denial Of the execution