Omaha daily bee., 1896-11-09

required and not 10 authorize the granting
baud, 20 be paid from the estate OF The
former wife.
I When it appears from Statements In
tain all the evidence introduced pt the
ttnl of the case. such must be taken to
or further proof ON the subject than tho
certificate to the hlll 20 the effect that 70
'5 Where '' IbHG, Vo,f executions docs no,
contain all the evidence adduccA at the
trial the evidence viii not I've examined
sufficient to support the finding and de-
cree of the trial court
da T6S noS dSasa SSTa nSy 8 iRs SS %ST6
made In the district court TO It's trial ana
adjudication IN this, an action for divorce
estate. the tltie to which rested in the
wife, Held. that the questions viii not be
considered in this court.
Elnspahr against Exchange National
bank. Error from Adams county Dis
missed. opinion by Judge Norval
A petition in error VIII be dismissed out
of the supreme court when the transcript
filed therein Is not authenticated by the
Parnell 'is asainst i Miner miner Error from Holt
county. Affirmed. opinion by Judge Nor
The hirer Of team is liable to the owner
for want OF ordinary care In the use Of
the team.
That a verdict for plaintiff would not be
state eN rel MarOUctt AGAINST BaOShaO-
sen; Mandamus. From sherman county,
Writ denied. opinion by Judge Norval
The Pieadings in proceedings in man
damus have the same effect and are to
be construed as in ordinary civil actions
Hence a material averment in a petition
for mandamus not denied by the answer
Is to be taken as true.
p AS a general rule mandamus will not
issue at the suit of private indvidu2l
fetal act until a demand has been made
upon him TO do It. But ii formal demand
tion of the respondent Is equivalent to a
g. The allowance of n writ of mandamus
to compel a county board to include re-
lator's claim in its estimates of the taxes
to be levied for the ensuing year is not
sum Is due from the county to the re-
lators
legislature of 1879 entitled AN act con-
corning counties and county officers Com
piled Statutes 1sa1, chapter xviiD. county
It's action in the allowance of claim
against the county upon notice of the
8 The formal notice required by said
section to be given may be waived by the
person entitled thereto.
6. Where a claim presented TO county
board for examination and audit is dis
allowed which decision is appealed from 10y
the. claimant and he afterward dismisses
such appeal the action of the board is
final and conclusive.
Talcott against Bennett, Error from
Commissioner Ryan.
The concealment or absconding which
cedure suspends the operation OF the stat
ute of limitations must be such as affects
the commencement of Judicial proceedings
in Nebraska and not those of another
Brown against Fitzgatrick. Appeal from
Douglas county. Affirmed. opinion by
The refusal by the district court to APP
point a receiver must be affirmed when
lao 10
adduccd was there a showing that such
refusal was erroneous.
North British Mercantile Insurance com
pany against Bonn. Error from Douglas
county. Affirmed. Opinion by Commits
representation by two individuals that
to be insured. when in fact It was owned
by a corporation of the capital stock of
which they were the sole proprietors, held
not such misrepresentation as avoided
the right of a mortgage to assert It's
rights under a union mortgage clause
attached by the insurer to the policy the
said mortEageo having no knowledge of, or
participation in. the said Misrepresentation.
2 Under the circumstances above stated
1t was not prejudiiccial error TO refuse TO
Insolvency of the corporation grantee at
the time either of the insurance effected
or OF the loss suffered.
Iininger against Wheat. Error from
Adams county. Reversed and remanded.
Opinion by Commissioner Ryan.
EuarantOr, as COnOttlOn precedent 10
his liability. is not entitled to notice of
the acceptance of a guaranty In the follow
ing form: THE undersigned does hereby
guarantee the faithful ana full perform
ance by the party of the second part to
the contract of all the agreements and
engagements therein entered into by the
party of the second part"
2 The neglect to notify the guarantor OF
the default of his principal does not OPP
crate to discharGG the qua Euaramtor nr mnieSa LESS
in view of all the circumstances of the
case.
a guaranty of the faithful performance
of the undertakings of the principal exists
when the party for whose protection the
guaranty was executed has extended credit
TO the principal on the faith of such guar
anty.
Creighton University against MglyIhilI.
Appeal from Douglas county. Affirmed
Opinion by Commissioner Ragan.
on an appeal from an order confirming
n sale this court will consider only the
specific objections made in the district
court TO such combinations.
Albert against Davis. Appeal from Platte
county. Affirmed. Opinion by Commis-
city of the second class, having less
than 5000 inhabitants and owning and
maintaining water works, has not tho
dition precedent to the use of water, to
purchase and place in position at his own
expense n water meter
Fire Association of Philadelphia against
Ruby Error from Phelps county. Re
versed and remanded. opinion by Commits
sioner Irvine.
1t is the duty of an officer selling land
under "A decree of foreclosure to pay the
proceeds of the sale, upon confirmation
thereof directly TO the persons entitled
thereto under the decree, unless the court
shall have ordered the proceeds to be paid
into court.
2 In an action against such officer for
failure to pay the proceeds to the party en-
titled. the officer admitting in his answer
the receipt of the money, does not dis
charge himself from liability by showing
that he paid 1t over to the clerk,
3. A judgment of amercemont against an
officer is in subsequent suit upon the
official bond conclusive evidence of the
facts necessary to sustain the judgment
against the officer. and It is prma facie
evidence dgainst the suretes.
T. a stipulation is sufficient to authorize
the clerk to sign bill of exceptions when
by it's terms il clearly shows that the par
ticular bill of exceptions TO which the stp-
uation II attached is agreed upon by the
parties as correct bill.
5. Evidence examined and held not to
sustain the verdict.
Wachsmuth against Orient Insurance
company Error from Wayne county. Re
versed and demanded. Opinion by Com
missioner Irvine.
A court has power, even after the term
at which judgment was rendered to cor
rect its record for the purpose of making
1t disclose truthfully what occurred in the
course of its proceedings
9 A special finding, made at the request
of one party after judgment, and without
notice to the adverse party is absolutely
void.
g. The assignment in a motion for new
trial that the finding iS NOT sustained NV