Omaha daily bee., 1899-10-26
Supreme Court SyIlabi.

LINCOLN. Oct. 19.-Carrington against
Omaha Life Association. Error from Doug
las county. Reversed. Harrison, c. j.
Fraud to constitute a cause of action,
counterclaim or defense must haVd been
fruitful of injury or damage to the party
who seeks to avail of It.
Woodworth against Hascall; Error from
finding based on conflicting evidence p, I,n viii
. A sale of a pledge by pledge without
notice to the pledgor to- redeem in the alb
sence of stpulations for such a salel cen
stitute its conversion.
action of conversion is the market value of
the property converted with loyal interest
snd ss n no 5S PoeE veue OF or e
value then its present value at the time Of
conversion to- its ownts may be shown and
will furnish n rule of damages.
George against state, Error from Cherry
county. Reversed. Sullivan, c. j.
The crimes of stealing cats and IN sefn OF re
liza of the Criminal code, are separate and
distinct offenses.
Mhefe cba rge an sepaTate and disttnct Crimes
ana thu accused on the trial IS acquitted on
count charging one crime but is CON
he cannot, on, new trial being granted,
be tried for the offense of which he was
acquitted at the former trial.
g. In such case the new trial can be
granted only on the count upon which a
conviction was had on the former trial
\.
grees Is charged in different counts of an
Information the allowance of new trial
goes TO the whole case. t..
j. In a criminal case but CEe issue can
properly be before the court at one rme.
O. 1t is unnecessary to plead facts OF
which the court will take judicial notice.
| T. A plea in bar may be disregarded II
presented while the plea of not guilty re-
mains on the record.
! call to the attention of the court matters of
record which show that the accused was
eae agy aeaHof of the II 'hs dentea Charge upon
| which 1t is proposed to try him again
| 9. Whether a defendant Is authorized to
! withdraw plea of not guilty after the ISSUE
raised by 1t has been. in the orderly course
of procedure, unalterably adjud!cated,
To- Where a court ehtertains and consid-
ers the merits of plea In bar, without a
formal withdrawal of the plea of not guilty,
action of the court thereon may be the sub
/ ject of review. ...,,....,,,
II, In such case the plea Of not guilty will
Hayden against Freder!ckson. Error from
Douglas county. Reversed. Norval, ].
| l. Where a cause Is brought second time
| to this court. the first decision will be
deemed the law of the case, and not merely
as to the points expressly decided, but tG
necessariiy involved in the decision, and
ordinarily will not be re-examined.
and no other place of delivery is specified
no formal delivery Is necessary to maintain
| an action for the purchaHe price.
! g. When contract of sale of chattels pro-
yides for the taking of an inventory by the
parties the buyer cannot urge as de
Tense to the action to recover the purchase
price that the inventory was made by the
Vendor alone when the vendee was giver
an opportunity to participate therein anC
refused TO do so.
A. II is error to instruct the jury that "ex
pert evidence is of the lowest order and Il
the least satisfactory
Cary against Kearney National Bank
Appeal from Buffalo county. Dismissed
Sullivan, j.
/. The right of appeal to this court Is lin
tied by statute to actions in equity.
Q This court has no jurisdiction of an ac
tion purely legal in its nature, in which nj
petition in error has been seasonably filed