Omaha daily bee., 1901-02-27
SUPREME COURT SYLLABl.

No. $3.50. Hayes County against Christ
ner. Error from Hayes county. Reversed.
Opinion by Sullivan j. Filed February g.
1901
state is required by law to enter upon his
fee book and account to the county board
for all moneys received by him as salary.
tween the county board and county clerk
that the latter shall receive for performing
OF the limit fixed by law. is nuii and void
8 Where claim for salary and extra
compensation is presented by a county
order OF allowance is available to the clerk
as an adjudication only to the extent that
the board acted judicially.
T. In such case the clerk, If he relies on
the action OF the board as an adjudicatiO
In his favor must show affirmatively what
part Of the claim allowed was for extra
compensation and what part for salary
s. Where the findings OF referee have
the effect of special verdict and the de-
error which does not affect the findings or
lmpeach their correctness this court will
render ne proper tudsment or remand the
cause with special directions
No 1885. Burlingim against State Error
from from Douglas Reversed. Opinion by Sui
!. Where in an information a word found
~ the instrument proved is omitted from
the INSTRUMENT as recited. or a word in
serted IN the instrument described which
Is not In the instrument proved, or a word
IN the instrument proved is abbreviated or
rmisspeIled IN the instrument described, or
numbers and dates are represented by fig
ures, and the change in no manner or FOR
any any purpose alters the signihcation nor
the defendant upon the merits of the cs 40
the variance Is immaterial
Z, IN adopting the criminal code tho legis-
azure intended TO provide n rational system
or procedure for the trial of persons ac-
cused OF crime, and to abolish the hyper
teChnical rules OF the common law
3. Where everything said bv or 70 ,bo ao-
uusNSu' with respect TO the crime charged
" WhiLe ,i,, ne was under arrest. Is disclosed and
IN evidence was voluntary and NOT nada
under the influence of hope or fear emanat-
i,s rom any one IN authority. or concerned
III me auministration of Justice II Is not
error to receive such confession. NV
=, fraudulent intent is an essential eIe-
the commission OF a forgery. WV a'e'''''s
.: on the trial Of person charged with
Sarag nSaving aided and abetted another in the
forgery OF deed 1t is proper, for the pur-
pose OF proving the criminal intent Of tho
prlhclpal telon, to show that the person
VINO VINO committed commit the forgery had. but a short
tlme petore; forged another deed purportinn q
10 convey the same properly.
,oa,,,, ~ is error to exclude evidence the
innocent complexion upon inctlIpe torv cir
cumstnnces proven by the state; the weight
or such evidence Is for tho jury
l. Where In the trial of a person charyed
as an accessory before the fact the evi.
dence tends to prove the commission of the
shi,me sbn,td N Two or more counties. the court
there should be an acquittal. II no acces.
soriaI act was committed I'm the county in
whlch the Information was filed "
g. Is not error to exclude evidence
which has no tendency to impeacb anv VIII
nees on material point, and which is moi
substantive proof OF any fact relevant te
the Issue. "
No. II ,6sl. Lydck against State. Erro,
Burt. Affirmed Opinion by UoIcomh +
Filed February 8. 1901
IL Where public road has been estab
nsd a'ndeo o py proGeedingS under, the statut,
more than ten years, the public thereby
court VIII not examine the original pro
ceedings for the laying out of the road, an,
determine whether or not they are valii
| CITY OF Beatrice against Black, 9s Ne
| braska, 263. followed.
z. Title 10 a part of county road car
| not be acquired by an adverse possession
krueger against Jenkins. 81 n w Saa
| b9 Nebraska, Gal, followed.
| 3. Complaint copied In the opinion mel,
| to charge an offense under the provision
OF section lW of the criminal code.
| 4. In prosecution for the violation G
said section. the question of whether com
pensation to the owner has been male fo
| the taking OF real estate for a publi
| highway cannot DC inquired into.
Grip robbed me OF my sleep and I wa
nearly crazy with neuralgia and headache
Or. Miles Pain Pills and Nervine euro
me."-Mrs. Pearl Bush Holland Mich