Omaha daily bee., 1899-05-28

fully accounted for such funds and prop
g. The provisions of said section II are
mandatory, and are applicable to any per-
son elected to the office of county treas
to account for or produce to the proper ac-
counting counting officers GERS al the public funds or
T. It is revsrsibe @ error r' to grant per-
emptory writ OF mandamus upon the plead
ings alone, and without the production Of
evidence. where material averment IN
is put Vt in issue by the 91nswGr r,o,,n
will be disregarded.
6; Mandamus will not lie to compel the
piicaton for the writ fails to show that
the bond rendered was executed by Suf-
lfisnt Na sg SGgmPsf9t PEict sqrs'fs as@inst Wilson A
firmed. Error from Dodge county. Har-
/. Whether an injury is directly caused
by an act or the former arises or flows
from the latter proXimately or naturally is
a practical question rather than a theoret-
g A person whose safety is impered by
a, reasonable and prudent attempt unerr
the conditions and circumstances to es-
cape the threatened danger may recover
from the negligent one damages for the
5; Whether the, negligence and peril had
latter was prudent and reasonable bre
usually question of fact for the determine
ton of a jury.
4. Assigned errors of the giving desig-
mated Instructions and refusals of 9TH rs
No S9O6. Summers against Simms Af-
frmed Error from Fillmore county. Har-
/. The party who would be defeated If no
evidence were given on eith7r side must be
allowed to open and close the introduce
jury.
E In an action Of repevn in which the
$500 for the unlawful detention Of the prop
erty, the answer admitted that but for the
Affirmative we matters of defense Readed 20
judgment inclusive of nominal damages or
IN the sum Of cent. Without deciding
the applicability to actions. Of repevn cf
the general rule of the right to open and
close HID that inasmpch as as the plaintiff ad,
they were entitled to open and close even
If the rule was enforced.
Al 3 Instr9ct!9ns requ stGd J., and given i've anl ara
as to each determined without error.
4, The evidence held sufficient to sustain
I 8. Alleged misconduct of counsel consist
ing of statements during argument to tho
made the subject of an an objection at enc
time, ruling obtainid and exception taken taken
ineorporated in the bin of exceptions,
No. $500 Slatterly against Harley; Appeal
from Dawes county, e =, d Harrison, ,to g., j. +ha
rights of private riparian propretors are
of force in this state with the exceptions
Of statutory abrogations. and changes
2. That a certain tract or piece OF land
Is arid and to be of use for agricultural
purposes must b. irrigated are not matters
of which judicial notice will be takeni 10
be available in an action they must be
pleaded and If placed in issue proved
3; Persons not parties to the action held
privileges accorded by the decree therein
to those who were impleaded.
A. The findings and decree as to certain
of the defendants held sustained by suf-
/, ficient OF the evidence.
5 The finding in favor of one OF the de.
PENDANTS determined manifestly wrong and
, ! reversed.
. G. The action of the district court by
; which it excluded from consideration and
decree certain designated matters held
proper.