Omaha daily bee., 1896-09-18
SUPREME COURT sYLLABI.

Bachelor ct al against Schmela. Appeal
from Cunning county. Reversed and re-
manded, Opinion by Chief Justice Post.
The law recognizes II substantial differ
ence between the final settlement of the
accounts of an executor or administrator
and those made annually or at stated peri
DDS during the course OF the administra-
ton. A final settlement made pursuant to
! notice to persons interested In the estate,
Is in the nature of n judgment and CON
elusive as to, all matters Included therein
until reversed or set aside by means of n
direct proceeding or impeachcd on account
of fraud, while an interlocutory exparte
subject to REORGANIZATION so long as the
administration account remains unsettled;
Holsworth against O'Chander. Appeal
by Chief Justice Post.
A Judgment upon the merits against the
defendant. an overseer of highways, for
the removal, under color of his office, of n
fence situated on the PLAINTIFFS land, the
S Ieged a enbiie r Ssldg at tn the ef ioeSs in OF quo an is in in
the absence of fraud. a bar to n suisse
quent proceeding by the successor in office
strain the threatened obstruction of such
alleged highway, on which. the rights of the
parties depend upon the facts put in issue
school District No. 4e, Douglas county,
against School District No. 90, Douglas
firmed. Opinion by Chief Justice Post.
It is by section g., subdivision l. Of our
made the duty Of the county superintendent
of public instruction upon the erection of
a new school district formed in whole or
in part from one or more districts pos
sessed of school houses or other property,
to determine the amount due to such new
on account of such property, upon the basis
as nearly as practicable Of the taxable
p%roperty in the respective districts at the
2. The duty in that regard is a %continu-
ing one and the failure of the superlntend-
ent to take any action toward IA division
of the corporate property will not in the
absence of such long continued acquiesc-
e enc as WGHId WORK reve am e the agalnst
asserting it's rights with respect to such
Biomgren against Holquest, Error from
Cunning county. Affirmed, Opinion by
is unintcliigibie to the Official stenographer
of itself affords no ground for the reversal
2. 1t is the duty of parties to assist in
preserving the evidence in the manner pre-
scribed by law and the failure, through
to secure a true bin of Exceptions Presents
no ground for relief at the hands Of the APP
8, Evidence examined and held to sus-
tain the Judgment of the district court.
Chicago, Burlington. & quincy. Railroad
ard county, Affirmed. Opinion by Nor
val, J.
damage in favor of a property owner upon
the appropriation of land for right of way
purposes by a railroad company, take into
consideration as a distinct element of dam
age, SUCH remote contingencies as the
frightening of horses and injury to per-
sons and property by passing trains, such
matters are proper subjects OF inquiry In
determining to what extent. II at all, the
value of the property in question has been
impaired by the construction and operation
of the road.
2, The neglect of the district court to
file with the clerk instructions given In or
der to he available as ground for reversaI
must be called to the attention of that
court by means of the motion for a new
trial. Tagg against Miller, 10 Neb. 4i2,
3. One who has resided upon and owned
real estate for twenty years and is ac-
quainted from hearsay with the recent
sales OF land in the vicinity and prices paid
therefor Is a competent witness to the value
OF his own property.
4 Error in receiving the testimony OF a
witness who has just been shown TO pos
sess the requisite knowledge OF the sub
ject involved Is cured when by means of
the cross-examination a sufficient founda-
ton Is laid for such testimony.
Scarborough against Myrick. Appeal
from York county. Affirmed (on rehearing)
Opinion by Chief Justice Post.
The irreg ularity In the notice OF the com
mencement Of this cause in the district