Omaha daily bee., 1897-06-05
SUPREME COURT sYLLAnI.

9,h aNA@N
Hazlet against Holt County. Error from
Holt county. Affirmed. Harrison. j..
The word made" as used in a pleading
held TO be equivalent to, and to express
the same meaning as executed.
2. An official bond was copied In full In a
petition Immediately following an aliegation
Of it's execution and delivery. Held to be a
sufficient pleading OF the covenants and
promises of the obligors OF the bond. The
petition further held 70 sufficiently state
bond.
g. II is a duty in respect to which The
shall keep q fee book and shall enter therein
every item Of fees received or earned by
him In the manner and with tine particular
information in regard to II prescribed by
statute, also TO make a correct report. as
required by law, of the same to the county
board; r snd 10 PP8 Syi and Mlih SS6ye ee ths Smo amy
stated, and which may be allowed by law,
into the county treasury.
reports Of a county clerk OF fees received
by him. and In the adjustment OF the account
es.M a a nnI 4 f"t through SaS S0F fraud S or mistake mtaiSe
he Is allowed to retain fees which he should
not. SUCH adjustment is no defense or bar
fees.
5, Interest may be recovered on such a
claim and against the sureties In the bond,
without a demand being made for payment
OH the principal, as 1t would have been paid
into the county treasury without demand.
lINNAL dEdA'asA = ais NphAAN IA "
Cass county. Reversed and remanded.
Harrison. j.
If private property is to be appropriated
manner prescribed by law 10 appraise the
damages and provide for their payment.
.. A husband who had from the use of In
toxicants become wholly or partially inca
FACILITATED for the transaction of business,
conveyed real estate to his wife for the
purpose OF preserving II for the use and
benefit of the family and to place II beyond
his power of disposal that y might not 6e
to the property was in. the wife, and that
In approprlating a portion OF II to the use
of the public for a highway the county must
provide for the payment of the damages. to
the wife; that there was no trust relation
between the husband and the wife which
would render his waiver OF the damages
caused by such appropriation a release of
them available as n defense IN an action by
the wife against the county to recover the
School District of Beatrice against
Thomas. Error from Gage county. Re-
versed and r~emanded. Harrison. :. -
a subcontractor. between whom and the
employer OF the contractor there is no pri.
witty of contract, cannot, as a matter OF
right, merely because employed by the. con
tractor to perform a portion of the labor
contracted for, If not paid by the contractor,
demand payment of the employer and on
refusal maintain suit against the employer
therefor.
2. A contract with a school district for
the erection of two school houses provided
that estimates of the sums due the con-
tractor be made by an architect as the work
progressed; and s. PEI per cent Of nrs such eiti n bes
cent of the amount Of estimates to be re,
tanned by the school district for a stated
period Of time for the expressed purposes OF
insuring the district that all claims of sub
contractors and leborers or others be fuily
faithful! and full completion of the buildings
according to contract Hell. not TO consul
tute the school district primarily liable to a
subcontractor for the sums thus retained.
nor TO constitute the district a trustee or
such funds for the benent Of the subcon-
| TRACTION NOR 70 npthnrjya the ElhHOntrlC tOr
to interfere in a suit at law by him against
the district. in the retention of such funds
by ii or application in the subservience OF
the PURPOSES to which they were assigned
by the contract.
his contract: his bondsmen took charge ana
management of the completion of the build
ings and fulfllment of the contract and an
additional contract was entered into between
them. the subcontractor ana the school dis-
trict. Held, this latter contract became of
the school district; also that it provided for
payment of all subsequent estimates OF
amounts due on the buildings for work by a
subcontractor. to be made directly to him.
and this to apply to the whole sum OF any
per cent which was to be retained by. the
| district under the original contract and by
the original contractor under the contract of
1. The evidence held 10 show that during
a short time that the district had charge of
formed and material furnished by him dur
dence d]iscioses that the extras. both labor
ard material, were included in estimates
ma made f dpr nog she R sIy ta ,S of t TERMS WoF OK a the
contract, viz. IS per cent at the time of esti-
mates and Is per cent retained; ...
5. Held. that the verdict and Judgment
We're s1O21. 81 in excess of the true amount;
defendant in error given leave 10 file a re-
Judgment within a stated time. If condition
complied with the judgment as modif;ed. to
! condition the Judgment to stand reversed
Capital National Bank against American
Exchange National Bank. Error from Lam
caster county. Affirmed. Post. C. j.
When, uniniuenced by statute. a bill or
legal holiday, it is payable on the business
day next following.
2. When grace on a note or bill expires on
Sunday or other non-business day IT be-
comes due and should be presented for
payment or acceptance on the latest business
8. The rule of the common law respecting
the presentment of instruments with grace.
which expires on Sunday, is not abrogated
entitled. An act to designate certain lays
to be observed as holidays In respect 10
bills of exchange, promissory notes and
bank checks" Sec. s. chap. xxxxi, Comp.
A. First National Bank against McAllister
80 Neb., GAG overruled.
5. Effect of the act of 1898 amendatory OF
sec. $, chapter xxxxi, Comp. Stats, not de-
Jewett against wilmot. Error from Thur.
ston county. Reversed. Opinion by Chief
Justice Post.
The Measure of damage upon the refusal
of al employer to permit his employe to
proceed under a contract for specific work
at an agreed price. is the difference. If any!
in favor of the latter between the stipulated
price and the cost of completing the work
as per contract.
2. Evidence examined and held not to sus-
tain a judgment for substantial damages.
Sloan against Wherry Bros. Error from
Pawnee county. Affirmed. opinion by Chief
Justice Post.
A judgment will not be reversed on &C