Omaha daily bee., 1899-03-12

taken by the son Ht the deceased director
and administrator OF his estate " the for
mtrs position OF director Of the corpora
tiuu TO obtain in the suit and Judgment
pu the note a preference over other yred-
No. $3.50 Neil against Flood. AZ
frmed. Error from uouE.ls county. Nor
val J.
i'm a cause submitted under section Of
rule ? ui the supreme court on au agreed
printed abstract the colr. viii not look
Tentatively appears thertfrum. the .ulE-
maut below win be affirmed.
q Where q cause brought TO this court
ON error is submitted under section J OF
rule 2 the printed abstract. must include
the petition I'm error ar am abstract of the
assignment Of error therein contained and
urmanca OF the Judgment.
No. SIt9.-Chlcago, Rock Island q Pacific
Railroad Company against OMEN. Al
frmal. Error from Lancaster county. sui
Ivan. j.
j. When a railroad has been constructed
and put In operation an adjacent hna
Ovnel may sue at once for cons GuNu'al
damages 10 his property and recover in
jurles which he has sustained. or which
viii ever afterwards accrue. from o. lru-
dent and careful operation OF ting %
. But such action need not be conn
menoed Immediately. \ party may wait
within the period of Limitation. until the
extent and character of the injury go his
property has been asCertJiuea 10y expert
pucg and made susceptible Of absolute
.rouf.
3. Where property has been taken or dam
aged for "a public use. the owner is emitted
TO recover as compensation the difference
tween the value of such property imine-
completion OF he Improvement from which
the injury results.
4. The jury. lr fixing the damages Sus-
tained by a land owner in queuce Of
the appropriation or injury of his property
for a public use. may take into account
every element of annoyance n ~d.sAdNan-
taEe resulting from the Improvement which
would influence am INTENDING NurCnHS 2 :
estimate Of the market Nt!ue OF sugA prop
erty.
8 Where evidence Improperly received Is
a~fterward stricken out and expressly with
drawn from the consideration OF the jury
tho error involved in its reception is or
dinaril- cured.
6 Where distinct causes of action are
Blended in the petition the only appropriate
remedy is a motion Tor an order requiring
a separate statement and designation.
: Ii Is q general rule. to which the record
In this case presents no exception, that OBJ
]jections not urged in the trial court Will
not be considered here.
versed. Error from Saline county. Ra-
-an, 9.
J. To constitute a valid Administrators
bond some person or officer must be nem,d
therein as oblicee.
. A writing uurpCrting to be an admin
istrator's bond signed by a principal and
sureties approved and filed by the probate
court in which no person or officer is named
as obllgee Is neither a statutory nor a
common law bond, II is simply d promise
in writing, made to no one, and is void.
No. s7S5 Cate against, Hutchinson. Re
verscd. Error from uCkO county. Sui
Ivan. ].
! An answer. in an action on an account
for services. which contains a general de-
NAL of the essential facts of the petition
and AYERS that the charges in the itemiz=d
account are unreasonable and unjust, does
not present inconsistent defeuseS.
. a defendant may plead as many
grounds of defense as he may have, pro-
vlded they are not so repuguant that If
one be true another must be false.
5. PrejudiCia. error cannot he predicated
of an order allowing a pleading TO he
amended when the amendment does not
change the issues nor affect the quantum OF
proof as to any material fact.
4, In an action to recover for services
rendered it Is error 10 exclude the testi-
mCny of a witness who has show himself
qualified and competent to testify as to
the character and value of the services.
No. ST73.-Davis aEaint Culver. Affirmed.
Error from Lancaster county. RaEan, c.
Under a general denial in reolevin the
defendant may prove any fact which
amounts to a defense TO the Plaintiff :
cause of action.
the finding of the jury that the plaintiff
in error and his a~ssignor purchased the
note in suit after its maturity.
9. That when the action was brought
4 In a. renlevin action for property GOV,
cred by a Chattel mortgage given to secure
the payment of a note owned by plaintif
the defendant under n general denial MAY
show that plaintiff at Inc Commencement
( of the suit was and still is indebted to hin
I amount due on the note.
No S7SO-Chase County against Chicago
/ burlington & Quincy Railroad Company
Affirmed. Error from Chase county. lr