Omaha daily bee., 1899-05-28

receipt TT for money int in the e Following % TERMS
May 10, 1898. Received of c., St r., NJ.
S + q for RY ne GS twenty-five 1glSe s9laTs
which said receipt for money was endorsed
on the back of a time certificate and writ
Minneapolis & Omaha Railway company
and which said time certificate and writing
obligatory was in words and figures as fol-
lows, to-wit, and purported to give an exact
reproduction of the time certificate, but
omitted any statements of matters which
were printed on, the back of what, was
styled time certificate received in evidence
of its apparent legality or validity. Had,
that the existence Of an apparently valid
time certificate was of the essential allega-
tions of the information, that this was
pleaded specifically and particularly OF
words and figures the proof must nus respond ,nd
pn% proof tnsde and thS W4S pieading af''o ~
No 1850. Nilsson against Farmland Sc Sc
curity Company. Affirmed Error from
Statutes 1897, a judge of the district court
is authorized to appoint and hold a special
transaction of any business that may prop
erly come before such court
2. An assignment of error that the e, court
erred in denying a motion for continuance
is without merit where the record does not
disclose that the motion was ever PR sented
to the court for decision, or that there was
any action or refusal to act thereon.
g. 1t is not error for the court to strike
from the files a motion for new trial hSd
after the time limited by the statute for
that purpose.
No, $751; Clark against Mcdowell. Dis
missed Error from Clay county. NorVal. j,
l. A proceeding in error in the supreme
court must be commenced within one year
from the OVerrulng of the motion for new
trial to confer jurisdiction to review tn;
No. 1O5Sl. Nelson against Alling. Al
frmed. Error from Dawes county. sulli'
j, An order denying motion to yacatc
a judicial sale on the ground that the ap,
aslda when based on substantially conflict
~ An appraisement of real estate for the
purposes of a judicial sale cannot be sue
Cessfully assailed on the ground that tht
appraisers w re mistaken in their Valuation
! of the property.
Statutes 1897, a judge Of the district cour
is authorized to appoint and hold specia
term of court IN any county 0t ms GisIric
4 that may properly come before him.
! No. S59S. Booknau against Clark. AT
t.''EH i. Errors Which are not prejudcal to th
! losing party will not warrant the reversa
Of Judgment AGAINST him him. -, t,o t,,r,
! is right and is the only one permissible
under the Pleadings and proofs It Is imma
I terial whether the Instructions OF the cour
! correctly stated the law applicable to III
issues submitted. 49,
/ 3. Exclusive possession of personal prop
erty is merely prlma facie evidence o
| ownership.
4 Under the law of this state a marre
woman may own and control both real an
! personal property and there Is no presump
/ tion that chattels found in the possession
of a husband and wife belong to the hus
No S9O2 Longfellow against Barnard
reversed. Appeal from Saunders county
. Sullivan. J.
l. An unincorporated bank eXclusivel
owned by a private individual Is not a lega
entity even though its business be con
Quoted by g president and cashier 49,, ,.,,
represent merely the portion of the owner
! capital invested in banking, and he ma,