Omaha daily bee., 1891-02-12

was partnership docs not create q partner.
ship unless there was one In fact.
z But participation In the profits OF busi-
ness where there is testimony tending 10
show that the person sharing the same took
them as principals In joint business in.
which each had an express or implied nu-
thority to bind the other, will warrant a
court or jury In finding that there was q
partnership.
State ex rel Lincoln land company vs. Ed.
wards IT al. Mandamus. Writ denied. OplhI
ion by Mr. Justice Norval.
Bronze vs.. Cunning County. Error from
Cunning county. Affirmed. Opinion by MIR.
Justice NOrval,
Dailey VS.. Kiusler Appeal from Douglas
county. Affirmed. Opinion by Mr. Justic~
Maxwell
l. In 1883 one ID. made deed Of certain
real estate to Catherine X. In May, 1884,
Catherine conveyed said property TO one j.
III. f., by deed with full covenants OF war
ranty. J, II. H. paid nothing for property.
Soon after the execution of the last mention
ed deed, ID. began an action in the district
court against Catherine, and j. IA. II, alleging
certain facts which, IL true, would invalidate
the decd from d. TO Catherine, and prayed
that the deed made by him to Catherine and
from her to J. H. l.. be delivered up and can
celcd and the title quieted in the plaintiff
Personal service was had upon j. II +. and
by publication upon Catherine. decree by
default was entered against BOTH which was
ulUtTWdTuS SCI HSluO as 10 SutOcrlnc ana Sn0
was permitted to aeferd, Held, 1st that
as she had conveyed all hei interests in tho
premises before the bringing of the action
she was not a necessary party to the suit
I'd. That the decree against j. III, f., no
appeal having been taken or modification
made, divested him OF all title or interest in
the premises.
2. Under Section 3, Chapter 32, compiled
statutes, an express trust in real estate oan-
not be created by parol agreement TO re-
convey the same to the grantor
Dusenberry VS. Albright, error from Paw.
nco county. Affirmed. Opinion by MIR.
Justice Maxwell
The following gentlemen were admitted TO
practice: j. G. Martin, esq, of Merrieh
county; James w. Carr, esq, Of Douglas
county.
Leake VS. Gallogly. Perfect transcript
ordered.
State ex rel Antelope county VS. Fremont,
Elkhorn Il Missouri Valley railroad company
Dismissed at relator's costs.
The following causes were argued and sub
mitted: Nebraska loan and trust company
VS. Taylor; Norton VS. Nebraska loan and
trust company; Craig VS. Weitner, Standard
distilling company VS. Freyhan; Fuller vs.
Colfax county Walker vs. Wonderlick; Will
son VS. Coburr Persinger VS. Tinkel.
Court adjourned to Thursday, February
10, 1891. The call OF the causes from tho
Fourth district was finished and the court
will not likely hear further business until
the case Of the Fifth district on Tuesday,
February II, 1891.
ODDS AND ENDS.
Mary Briggs was reasonably quiet today
Last night she took off her stockings and
threw them on the stove, where they smold-
cred away and the rescuing officers wero
nearly smothcred by the fumes. Afterwards
she got hold of n pot of red paint aud artisti-
callv decorated the interior of the cell
The neighbors of Mrs Wedge, who lives
out in East Lincoln, have about decided to
enter complaint Of insanity against the
woman. Her husband refuses to do so, and
| as she is inclined to roam the streets they
fear she will become the victim of some de-
signing william. Mrs. Wedge is or was par
ticipant in the Miuehart holiness craze and
her mind has become unsettled on that sub
ject She is the woman who has been taken
into custody several times by the police,
being found in saloons preaching She has
also manifested many other eccentricities.
Mrs. Emma Biles filed a petition for divorce
from her husband, Leroy, in district court
today.
Mr.. G. A. Bush, president of the Lincoln
electric street railway, is in Chicago pur-
chasing supplies for the extension of the
various lines in the city early IN the spring.
Bert f.. Belts, the expert stenographer
hes opened shorthand school III McMurtry
block.