Omaha daily bee., 1898-09-30

Cortland, Smith against Myers, Daykin
against Boggs Chicago, Rock Island 4 Pa
curdy r asinst Ryan, pN's Bates, Smith Invest
against Lewis BALDWIN ssainst YOUNG
Mems Christian Association, Waldron
against Pierce. Lasalle against Nichols,
Hall against Fisk; Baksr against carton;
fFsi aFsns
against Thompson. Welsh against Burr,
Clark against Nermann, Levy against Cum
against Nebraska National Bank of omaha,
Kearney Canal and Water Supply Company
against Davis, American Fire Insurance
Company of Philadelphia against 1andfare,
Coffin against Bush, Beagle against Briggs,
Following are the syllabi of the cases
decided:
9249. state ex rel w. j. Broatch against
Frank E. Moores. Quo warranto. Ryan,
c.; Norval, j., dissenting.
I. The history of quo warranto examined
and held not to furnish basis for the de-
termination OF the question whether or not
a jury trial in this state Is demandable as
a matter of right
2. The provision of section g.. or article
/, of the constitution of Nebraska, consid-
cred and, in connection with provisions OF
the statute in existence at the time OF It's
adoption, held not to entitle the respondeht
in a quo warranto proceeding to demand a
Jury for the trial of the issues of fact TO
be determined as a matter of right, -
3. W here jurisdiction 5 in ulle.t terms
conferred upon the supreme court OF this
as constitutionally 1t may be exercised,
even though no rules of procedure
cable to such case have been PROVIDED py
A clerk of the district court who, know
ingly and Intentionally deposits osn,nep9 p9oiff of
fines impt sed in his court, together with
other trust funds and his own private
funds, in a bank in one general account to
his own individual credit and. before he
has paid said fines to the county treasurer
as provided by law. knowingly, willfullX
OF the funds so deposited and uses the
same for purposes other than the pay,
ment of said fines, thereby converts said
public moneys to his own use and Is prop
erly held in default within the meaning
Of section ., article IA. of the constitution
of the state, and therefore ineligible to any
office of trust or profit during the exist
S24s William Wallace against Sarah
Sheldon. Error from Douglas county Re-
i. The courts have no inherent power to
award costs to a litigant; the right to costs
2. The provisions of the code on the sub
ieCt of costs examined and held to ss.n h'
iish the following principles: O Gener-
awarded the successful and taxed to the
losing party. (0 Prima facie the unsuc-
cessful litigant is liable fer costs. and dsto to
either an express statute must intervene
or the circumstances be such that a Judg-
ment against him for costs would be In
8. The discretion conferred on the courts
by section 623 of the code is not an arb,
trary, but a legal one, to be exercised
within the limits of legal and equitable
principles.
4. The courts are not invested with the
discretion to award costs or attorney fees
to an unsuccessful contestant of Will
simply and solely because of the fact that
he undertook the contest In good faith and
at the time there existed probable cause
ioois. David E. johnson against State. Er-
ror from Webster county. Reversed.
TO sustain finding of guilty in the
trial of a bastardy case In the district
to show by the evidence that the mother,
at the time of the birth of the alleged bas-
tard. was an unmarried p, person,
against Hamilton. Error from Douglas
count. Reversed. Irvine, C.
third person filed pstor IL tns of inter
court. He obtained leave to do so, but at
the time of Judgment his petition was dis
missed after finding for plaintiff. Held
that this was an adjudication of the merits
against him and he might appeal from the
judgment.
of two joint appellants the appeal failed
as to both, not examined, because pre-
served only by objecting to the evidence on
8. An intervenor must plead some inter
est in the subject matter of the litigation;
ficent to give him standing in court.
4. An interest in the intervenor is a
traversa6le fact and in a e case appealed
such interest in the Detition Of interv"rt'"o
In the county court does not excuse the
failure to plead it and so tender an lss ue
Sls5. Gate City Abstract Co. against
Post; Error , from Douglas county. At
stracters Comp. ST., 1897, ch. 10, section
60 to 69l was intended to extend the la
xed BY Sf the sGmmon a%y beyond the limits
Z one who purchases real estate on the
IA faith Of certificate OF title furnished to
maintain an action for damages grounde
on the failure of the abstracter 10 make
pTSpeF oears sesreh ratrt and true certcate tS
summons that he served the same ION C,
one, of the defendants herein" is sufficient
eea evidence Of service on j, G., who was
a. A public officer may give evidence of
the uniform course of business in his Office
for the purpose of showing the performances
OF SPECIFIC official act which it was his
duty to perform, but concerning which he
has no Independent recollection.
S23S. Pomerene against s. d. No, Sc, But
Ter county; Error from Butler county.
A school district may not incur indebt-
edness in the erection of a school house and
issue In evidence thereof warrants payable
at future date and bearing interest.
(State against Sabin, 80 Nsb., $40, followed J
2 A contract with district board pro-
viding for payment In such time warrants
Is tainted with the same vice as the war
rants themselves, and no recovery can be
had thereon.
g. Whether a person who has performed
work under such contract may recover
therefor on an implied assumpslt, MOI ue-
cided. 1t appearing that the action 60 far .
based on that theory was barred by the
statute of limitations.
1921. kokes against State ex rel Koupal.
Error from Valley county Harrison G. j.
Ryan, c., dissenting.
l. The title of a party to a public Office
Is not proper matter of issue or trial in
an action of mandamus
2 In an action of mandamus to force the
proper officer to issue to the relator a GER
tihcate of his election to fill an office the