The record-union., 1896-07-30

fully met and negative the allegations
Of the charging affidavits, a motion for
a new trial is properly overruled
Is. F., No. 55-Department One-Filed
July %, 1860
A. c. Dietz, appellant; Q. H. Kucks eft
al, respondents. Action to recover rent
reserved in a lease of real estate. At
frmed.
The tenant who assigns his whole
term remains liable as surety, but not
where it can be shown that there was
substitution Of tenants by consent of the
parties with an agreement that the
original tenants should be released from
further liability.
Where there is some testimony in
favor of the finding of a Jury and when
the court below evidences it's satisfac-
ton with the verdict by refusing a mo-
ton for a new trial. the verdict will not
be set aside on appeal.
Is. F., No. 102-Department One-Ffled
July %, 1860
w. S. Howeth, plaintiff; ]. c. Sullen-
ger, ct al, appellants. Action to deter
mine rights Of parties to mining claim.
Reversed.
Section 1924, L. S. Revised Statutes,
provides that ''the location must be dis
tinctly marked on the ground so that it's
boundaries can be readily traced" but
does not prescribe how it Shall be
marked. That matter is left to the reg
ulation of the local laws. Held-"Any
marking on the ground claimed by
stakes and mounds and written notices,
whereby the boundaries of the claim
located can be readily traced, ds suffi-
Gent"
When the ultimate fact is found, no
finding of probative facts which may
tend to establish that the ultimate fact
was found against the evidence, can
overcome the principal finding.
(S. F, No. 290-Department One-Filed
July 2S 1860
William Orton, assignee, appellant; T.
NJ. Brown ct AL, respondents. Action
upon Sheriff's bond. Affirmed
A sale by the Sheriff under execution
of personal property requires the pos
session of the property and a certificate
of such sale to be delivered by the Sher-
if to the purchaser. Where such sale Is
subsequently set aside, the Sheriff is not
liable for damages for not holding the
property after the sale and until the de-
cision of the motion to set aside, nor be-
cause after such sale Is set aside he rs
unable to recover the property from the
purchaser.
Is. F., No. 242-Department One -
July %, 1860
Maurice Pacheco, appellant; Judson
Manufacturing Company, respondent.
Damages for injury. Reversed.
An employer owes to his employe the
legal duty to exercise ordinary and rea-
sonable care, first in the original provis-
ion of safe appliances with which he is
TO work and, secondly, in keeping them
safe, employing, If necessary for the
purpose, such practicable means and
tests as common prudence shows to be
proper for discovering defects which
might occur with time and use.
| Where negligence can be inferred from
the evidence is for the determination of
| the court but whether it ought to be in
| ferred is s-estion for the jury to de-
| termine.
| IS. F., No. 269 - Department One-Filed
July IS, 1860
r. ]. Christie, respondent: Dwight
Sherwood and the Bank of Lake ct al
defendants; Bank of Lake appellant
Mortgage Affirmed.
In lending it's own money bank acts
as a principal, and can only act as an
agent when it invests the funds of 9TH
ers A bank cashier cannot be prezGmed
to act in his individual capacity and not
as cashier in doing that which the bank
was organized for the purpose of doing.
If a bank acts as the agent of another
| in making a loan, then It is bound to
recollect the prior loan at time when
II subsequently loans its own money and
takes a mortgage upon the same prop
| erty.
/ (Sac.. No. S5-Department One Filed