Omaha daily bee., 1899-12-24
SUPREME COURT SYLLABI.

W. t-"S Wv
Palmer against First Bank of Ulysses.
Error from Butler county. Affirmed. Har-
rison. c. ].
/. Error in regard to giving or refusing to
give instructions must be separately as
, signed in the motion for a new trial and
petition in error. Graham against Frazier,
40 Neb., 80.
.. An assignment of error that the YER
dict is contrary to an instruction If not
presented by the motion for a new trial is
not available on error to this district.
3. a motion which cannot be sustained
substantially as made must be overruled.
4. Alleged errors in the admission of tes-
timony cannot prevail if during the trial
there was no objection made to the intro
duction of said testimony.
5. An assignment of error of the action
of the trial court in refusing to strike out
testimony should specifically designate the
| portion of the record to which it is sought
to challenge attention.
6. Alleged errors in regard to the admis-
sion of testimony examined and determined
not well grounded.
Z. The evidence determined sufficient to
sustain the verdict.
Welsh against Ashley. Error from Fill
more county. Reversed. Sullivan, j.
l. The governor is a part of the law-mak;
ing power and, in action on bills presented
to him for his approval or rejection, he
is engaged in the performance of a legis-
lative duty e~njoined upon him by the con-
Stitution.
2. A material change in the title of a bill
after it has passed both houses of the leg
i%slature, and before its presentation to the
governor, for his approval or rejection,
renders the act unconstitutional and void.
8. Chapter iii, Session Laws of 1887, passed
both houses of the Legislature as an act
amendatory of section 40, article /, chapter
iv, Compiled Statutes 1885, but was enrolled
and presented to the governor as amenda-
tory of section 4S, of said chapter iv. Held:
That such change in the title was material
and that the amendatory act is unconsti-
tutional and void.
State ex rel Bankers Reserve Life against
| Scott. ManlamuS. Writ allowed. Sulli-
i. The rules of practice of the district
court may be incorporated into the bill of
exceptions without being formally intro
duced in evidence.
2. Facts Of which the court will take
judicial notice need rot be given in evil
dence.
3. bill of exceptions may properly in
clude a record of events transpiring in the
presence of the court, but not formally in
troduced in evidence.
4. Grounds of objections to a ruling. order
record, may be brought into the bill of eX-
ceptions by the party complaining, by re-
ducips such grounds of objection TO writing
and asking to have them incorporated into
sucl. bill of exceptions. ,
Pennsy lvania. COMPANY against kennard
Glass and Paint Sompany; Error from
/. A judgment cannot be reviewed by one
not a party thereto, or who is not affected
thereby.
2. Under the constitution of this state a
common carrier of freight cannot lawfully
stipulate for the release from liability for
loss or damage occasiOned by its own neg
ligence, and such a stimulation in n contract
of affreiGhtment is illegal and void.
3, Neither the giving of an instruction
the one stating the law correctly, will not
work a reversal Of the judgment, where it
is obvious that the complaining party was
not preiudiced thereby.
A, Material averments in nm answer, which
are controverted by the reply. rest upon the
defendant to establish by evidence upon the
trial.
3, The laws of the sister STATE will be pre-
stunned to be the same as our own when the
contrary is not shown.
G. The cross-eXamination of a witness
should be confined to the matter covered
by his examination in chief.
I. The order in which testimony shall be
introduced is discretionary with the trial
court, and its ruling in that regard Is no
cause for reversal where no abuse of discre-
Pacific EXPRESS Company against Cornell,
Appeal from Lancaster county; Affirmed.
Harrison, j. NOrval, j. dissenting.
!. Where 1t Is alleged that a public body
Is proceeding to interfere with the RICH g
which will cause damage for which there
Is no adequate remedy at law, or which
may cause "A MULTIPLICITY of suits, and It Is
further alleged that the law under which
tho PROCEEDINGS is in progress is titu-
tiCnal. the %Detit'on presents cause for eQult-
able relief by injunction to prevent further
action.
2. Under the provisions of the present
constitution the state officers Of the. eXecu-
i've department as named therein are
charged with the performance of all duties
executive in their nature which are by law
required of them. .CNoryal, J., d,ssentIne)
2. The law creating the Board of Trans
pnrta'ion. by which certain designated state
officers of the executive department are
charged with prescribed duties in regard To
railroads, does not cast such duties upon
the individuals as distinguished by the
offices or officers, hut IT is the latter upon
whom is nut the burden of further acts
executive in their nature.
4 Thore IS nothing in the constitution
which prohibits the requirement OF the ner-
formance by any, either ct all the executive
officers of the state, of additional dul'e7
executive in their nature, nor to 'nhibit &C.
ton by two or three in the doing thereof nv
conclusions announced by them collectively
or az a board, (Norval, J., dissen'ing)
s. The secretaries. whose appointment are
provided for by the law, ere not executive
state officers. They are in the nHturn ~
mere deputies to act for Their PRINCIPALS IN
matters which nrecede and lead to n final
order. or decision, which must be by the
PRINCIPALS.
9, The act of 1897 Cchapter wi, Session
laws 1897. Compiled Statutes 1890. page 0Trl
placed certain COMPANIES or persons, own
ers or In control OF telegraph, telenhoue or
express line or lines under the control Of
the BOARD or TRANSFORMATION. and for the
jurisdiction and mowers Of tho boar'
adopted such as were conferred nv a prior
act. " is rot amendatory ~ the act of 1851
by which there was created the Board OF
I The law % 1899. known as the maximum
rate law, or the norton thereof witch com
unconstitutional under the 'hcn existent
conditions bv the sUrrnwe court 0r the
United states. This carried with n he sec
tion : of the act, witch could have NO
opefallon eNCent N connection WITH The
rates as fixed I'm the schedule. Such law
Is row as n non-eNistent ard does not In
~terfere with the enforcement Of the law NJ
1887. TO which we have referred, hv the
hoard and In the method p]rovide1 IN the
Law Of 1857, TO which we have here!nbefore