Omaha daily bee., 1888-03-02
The NEWS AT THE CAPITAL,
Mr.. Bur's Recently Completed Resi-
denee Badly Damaged By Fire.
THE SOUTH OMAHA ICE COMPANY
lts Articles OF Incorporation Placed
on FileADelay IN Registering
Omaha School Bonds-Supreme
Court Decisions.

IYRoM THE BEES LINCOLN BUREAU.1
At9o'clock Wednesday the handsome
residence of A. d. Burr, completed last
summer, was found on fire and before IL
was subdued the building and furniture
were damaged TO the extent OF $1,000.
The loss is fully covered by insurance
distributed in the following companies:
German American $500, Continental
$500, Northwestern Mutual o., 500, on
the building, and the German American
$1,000, Firemen's Fund 81 900, Union of
California 800, and Phoenix of London
$500 on the furniture.
ARTICLES OF INCORPORATION
of the South Omaha Ice company were
filed yesterday with the secretary OF
state. Capital stock, $4,000. The in
corporators are j. c.. Sharp, j. +. Boyd,
M. v. Smith, d. l.. Holmes, II. G. Bost-
wick, II. H. Meday, w. 4, Sloane.
OMAHA SCHOOL bONDs. -.
The auditor Of state has received re-
heated letters from the secretary of the
school board In Omaha asking abeut the
registering of the school bonds. The
auditor has repeatedly written that they
them yet In Omaha. The secretary OF
state is at home TO affix his signature to
the bonds, and the delay in their regis
tration rests with the custodian OF the
bonds in Omaha.
SUPREME COURT DECISIONS.
The supreme court has placed the fol-
lowing opinions on file:
Pratt vs.. Mill. Appeal from Douglas county.
Affirmed. Opinion by Cobb, j.
will in the following words: VI give
bequeath and devise unto my wife, L. J. p,
all my real estate and all the remainder and
residue of my personal estate after paying
my debts and burial expenses, and to hei
heirs in fee simple, for the maintenance and
support Of my said wife and my infant child,
debts and personal expenses of the testatoi
and the death of L. J p. without having dis
pvsed OF the estate, a trust resulted In favo,
Of g. ID. p, sole heir-atlaw of the testat6r
In the whole Of the residue and remainder o
the estate -
Lane Va Abbott. Error from Saline county
Affirmed. Opinion by Reese, Ch. J.
III order that a'paaintih may receiver rea
estate in an action Of ejectment, his desorip
zion of the land in dispute must be such a!
would enable competent Surveyor to locat'
II BY referring TO deeds, writings, or, known
objects by which the exact land can be iden
tilted.
Creighton 81 Morgan VS. O'Dowd. Erfol
from Saline county. Reversed and re
manded with directions to enter judgment
Of revivor. Opinion by Maxwell, J.
A Judgment was recovered ~. count,
court transeript thereof fled III the distric
court on which ap execution was issued ant
returned pnsatsAed. Ne further proceed
ings were had in said cause until after tn,
lapse Of nine years. when a motion and affi
davit were fled 10 revive the Judgment. TIL,
parties thereupon stipulated '.that the iudg
inent herein sought TO be revived was OBJ
Laihed, and that since the same tvas rendered
Ave years have elapsed with no execution
having been issued thereon and no attemp
Judgment became dormant. 4qlat the sam
was dormant four and q half years befor
any steps whatever were tSken to revive tn,
same, hhd that mo part Of said Judgment ha
ever been paid" Held, that the plaintiff wa
Sweet, 10 Neb., l91. Hunter vs Leahy, 4
Neb., So
Langdon State. Error from Sarpy
county: Affirmed. Opinion by Max
Where public road hss beeA iasa across
certain real estate by competent authority
and has been accepted by the public ant
travelled for moro than ten years, the pAbli
Thereby acquires On easement In the sAit
road, and the land owner will be liable if h
fences up or obstructs the same.
Western Mutual Benefit Association Pace
Error from Gage county. Affirmed Opin
ion by Reese, Ch. j.
Where defendant has entered his appear
ante in an actioh and absehts himself on tn
day OF trial, he is not entitled TO have th,
1ion 1901 OF the civil code Of Nebrasks
Strine Kaufman, 10 Neb., 423.
Mordhorst VS.. Reynolds. Error from Gag
county. Affirmed. Opinion by Reese
l. Where county court III proceeding
instituted under the provisions of section 60
of the civil code, upon sufficient evidence set
aside judgment rendered thereon. as havinI
been obtained by frand, and Its decision i
sustained by the district court upon proceed
ings in error, the findings Of such courts will
not be molested upon questions OF fact.
.. Where during the pendenoy Of an actiol
In the county court IN term case tho plain
tin and defehdaht enter into verbal agree
in violation Of such agreement the p1aihtih
without notice to defendant, fraudulentl
procures Judgment to be rendered, the dc
cision Of the county court In granting ney
trial will be sustained.
fendarft, upon payments Of costs made sine
fling demurrer, to file answer in ten days
Opinion by Maxwell, j.
Where county treasurer hHA collecte
And holds in his hands moneys belonging t
city, and upon demand of treasurer of sue
city refuses to pay the same he may be com
PEELED by mandamus to make such payment
IN SUCH case the city treasurer Is not CON
pelled to bring an action on the county treas
urefe bond to recover the amount due.
Silas Cobb, OF Omaha, was admitted pr
hac VICE.
Fix parte Dohahoe-Motion for leave to Al
papers and sue form u pauperis, overrulet
Order to show cause why writ should nc
issue by March Z, 1883.
Rottman VS. Bartling Order to show catis
why attachment should not issue by Marc
q, 1888.
A Great Battle.
Is continually going on in the huma
system. The demon Of impure bloc