Omaha daily bee., 1898-12-14
SUPREME COURT PROCEEDINGS

s43s. weich against Millken. Reversed
Error from Dodge county. Ryan. c.
of, or interest in, personal property, repiev-
ined IT In a county court upon allegations of
a, right of present possession based upon
alleged general ownership and the proofs
upon the trial in that court without objec-
ton to replevancy disclosed the nature of
In the district court, after appeal, to refuse
to permit the fling of an amended petition
or special inf interest Of esn
Swain against Savage, filed September 23,
$500 Parlin. orendorf 6 Martin Co.
against Albrecht. Affirmed Error from
Salin. county. Ryan, c.
Gg,estons Of fact determined by a jury on
auirsd into In error proceedings in the SUI
.sl9G Atkinson & Doty against Estate of
May. Affirmed. Error from Lancaster
county. Ragan, c.
to an attorney for services rendered by him
8 VIII ff saaSss g 0"asF
ror from Douglas county. Irvine. G.
document attached to a transcript and
be considered unless it be authenticated as
such according to the requirement of the
statute by the certificate of the clerk of
s49l.. MeConnifr against Van Dusen. Re-
ssIi,van seTs,d, Appeal from Lancaster county.
/. A person claiming ownership of prop
erty In litigation may, at any time before
sSome and bnve 10 ins as,9m by
2. judgment based on an immaterial fact
or an erronsous construction OF pleading.
will be reversed unless the correctness Of
such Judgment is otherwise afflrmatively
shown.
--sii2. Deweese against Mufr. Affirmed
Error from Lancaster county. Norval, j.
/. Where a negotiable note, indorsed by
the payee in blank, is delivered to an agent
fNr oil tl,A Ix. tl,a
maker in good faith to the agent while the
note Is In the possession of the latter after
ths aeah at hs of the pTncs and dsS,
SSH. Merrill against Shields: Affirmed.
Appeal from Douglas county. Sullivan, j.
poiitan class has no Jurisdiction to sit as a
board of equalization for the purpose Of
lures % Incident ad to THE the opening pc of - eet un-
Til the report of the freeholders appointed
to assess damages has been made and con-
@ The burden of proof is on the person
asserting lien under proceeding levying
taxing authorities, with ali essential statu-
tory requirements.
8. The recitals in an ordinance declaring
Competent evidence y. in i favor Of a tax lien
claimant to establish the Jurisdiction of the
city , e0Sns Msduna tS sys spssa tax
Appeal from DOUGLAS county. Norval. j.
l. A tax sale Is invalid where it was not not
80 Z 4 sale Of Ia9d Tor taxes due, due for or, one y,
linquent for previous years.
g.. A private sale of real estate for taxes
is invalid where the treasurer has failed
to make return to the county clerk of the
public sale required by statute,
4. Where a tax sale is invalid; the pur-
t p"5Ie to % the % lien for the tn taxes and for ali
legal prior and subsequent taxes levied
at
5. Evidence examined and held insufficient
to establish that the levy of county taxes
tor = was fraudulent and excessive
s. Where taxpayer Is dissatisfied with
iieetR inetR'y to the board of equalization for re-
I. New matter relied upon as constituting
an Affirmative defense to a cause OF action
must be pleaded in the answer.
s. In suit to. foreclose a tax lien. the de-
ceeded the constitutional limit is not availa
BILE, unless raised by suitable averments In
3 city council of a metropolitan city
cannot lawfully pass an ordinance leyyins
special taxes until as board Of equaliza-
ses.sd ; against the real estate as benefits
10; Notice Of the sitting Of the city coun-
sons sa as Is ana GSH s. Sf Shsper ss eompiied s,s
utes. 1887, FOR at least six days prior
thereto" by publication in the oficial
piSfa; iSiao. A oertsr against STATE Reversed
Error from Douglas county. Ragan. c.
Code Is to make the aiding abettlng or pro-
curing Of another to commit a felony a
6n an hna ehsrsnp crime one
principal. with having committed felony
the prisoner cannot be convicted as an ac-
3. The prisoner was indicted for setting
up and Keeping gaming tables and gam
sns shs Jury that Il Sey found sSpf that hs ss
up or kept the gaming tables and device.
I they should find him guilty. Held, erro-
; s522. National Mutual Building and Loar
, Association against Keeney Reversed. Ap
, peal from Harlan county Ryan, c.
, !. In an action OF foreclosure by, for
weS eS 1nm m.y 6 as
which odG i may % collect is not regulated ob BY
. applicable to domestic building and loar
, associations
a building and loan association incorpo
rated under the laws of a state other thar
Nebraska, the rights Of plaintiffs with re-
sS snd M he
of the money sought to be collected, tn,
h more than 10 per cent interest per .annun
q has been contracted for or received under
scribed @ by said Chapter Xiv for ] contractin, pIs
t for fH.oS or receiving usury should be enforced
s c. ].
r /. In an appeal to this court the finding.
. of trial court, II upon conflicting eVi
o dence will not be disturbed unless clearl,
2. Co-partnership is a contract of two o.
| more competent persons to place the
money. effects. labor. skill. or some or al
| Of them. in lawful commerce or bushes.
, and to divide the profits or bear the los
| in certain proportions. Following Kent
definition. 8 Com a." (Waggoner agains
First National Bank of Creighton 43 Neb
D 84.)
: g. A community Of interest in the profits
as such of a business venture, and not b,
way of payment or compensation for serv
= | ices or other assistance therein may b
= | sufficient to constitute co-partnership
No. 10427. State ex rel Whedon v. Smith
Norval. J. Ragan, c., and Irvine, c., dis
+; ! senting.
! IA general appearance in an action b.
:, a defendant confers Jurisdiction over hi
u Isrson, though no summons was eve
served upon him.
2. Jurisdiction Of the subject matter 1
the power to hear and determine the cause
3. This court has original Jurisdiction Il
o actions of mandamus.
i I. A nomination to public office made b.
L. four out of twenty-eight members of
: county committee chosen by a politica
IS party Is invalid where previous notice O
y the time and the place of the meeting O
). the committee has not been given to tn
= other members thereof.