Omaha daily bee., 1897-12-14

the first suit was pending. to his knowledge
at the time he filed his claim for a lien un-
der the statute, does not eStop him from
The Bankers Life Insurance Company
count. Judgment. Ragan, c.
cause of action, or some part thereof,
on life insurance policy arises within the
meaning of section 90 of the Code of Civil
Procedure, in the county where the insured
died
2. A life insurance company created under
the laws of this state is situated, within
tho meaning of section 80 of the Code of
Civil Procedure in any county of the state
in which it maintains an agent or servant
engaged in. transacting the business for
wh!ah it exists.
s. Whether the relation of principal and
agent exists between two parties is gen
orally question of fact; and while 1t Is not
necessary to prove an express contract be-
tween the parties to establish such relation.
either that must be done or the conduct of
the parties must be such that the relation
may be inferred therefrom.
4. Section s, chapter xvi Compiled Statutes
declares what conduct on the part of per-
son shall be conclusive evidence of the fact
that he is an agent of a foreign insurance
company The section has no application
created under the laws Of this state.
). The fact that bank collects and rernits
to a domestic insurance company premiums
due from its policy holders, but traEasacts,
and is authorized to transact, no other bust
ness for the insurance company, is not evil
dence which will OF itself sustain a finding
that such a bank is the agent of such in
surance company within the meaning OF
section "A of the Code of Civil Procedure.
G. A party against whom a judgment had
been rendered by default, which Judgment
is void for want of jurisdiction over the
| person of the defendant, is not entitled TO
an injunction to restrain the enforcement
OF such judgment unless he makes II ap-
| pear both from his pleadngs ana proof %
that he has a meritorious defense TO tbs
| cause of action which the judgment is
based ~ taat he has no adequate remedy
at law; and (3) that his plight IS in no wise
| attributable TO his own neglect.
| I, An adequate remedy at law within SAID
rule is one that is as practical and efficient
istration the remedy in equity.
5. The remedies at law available to the
and whether the plight of appellant was due
! TO his own negligence discussed in the
McMurtry against Columbia National
Bank, Error from Lancaster county. AZ
flrmed. Ragan, c.
Tais court will not review the appraise-
! ment made of real estate sold on execution,
! for the purpose of determining whether such
| appraisement is too high or too low unies 5
| in the court from which the execution is
| sued before the sale occurred and such OBJ
| jectons be ruled upon by said court
| 2 Evidence examined and held to sustain
the finding of the district court that the
execution creditor had not caused the real
! estate in controversy 70 be levied upon ana
| sold contrary TO a valid agreement existing
between himself and the execution defend
Mayer against wllkerson. Error from
Nemaha county; Reversed Harrison, J.
In an application for writ of nandan us
where issues of fact are presented for trial,
a judge of the district court cannot allow
peremptory writ at chambers in vacation,
The trial of such issues must be at a session
of court in the home forum or place OF H.
igation.
cation for a. mandamus Is not one IN which
a rlgst 1u5S may DC 0e'HA"''D % mater %
Nye against Berger. Appeal from Stan.
| county Affirmed Harrison. j
Al! the materials ais for which there a ar,
must have been furnished as parts of one
transaction or under one contract for
building or job of work.
| 2 Whether all the Items of charges fO
materials we're so furnished under a slngl,
contract or some items arising under sep
| arate and independent transactions or con
: lien are questions Of fact for the jury o,
: for the court II the case IS tried to the cour
g. To perfect a mechanics lien a duly Yer
flied claim must be field in the proper offic
within four months from the date OF tn
last article of material furnished or the las
! labor performed under the contract out 0
which the account arises.
4. The finding and Judgment Of the tr.a
court in this cause held supported by IN
J evidence.
: Wright against Morse Error from Boy,
county. Affirmed. Ryan. c.
. slderaton of merely conflicting evidene
Will not be disturbed in the supreme court
g An offer TO compromise a matter Il
! dispute cannot be given in evidence agalns
/ the party by whom such offer was made.
g. Where a party purchased property a
an execution sale and paid the purchas
a price therefor al the request of the eXecu
: tion defendant to whom such property wa
7 subsequently delivered. such party Is eu
: titled TO recover the amount OF such pas
though the execution sale. in law. wa
I unauthorized and void.