Omaha daily bee., 1901-03-05
SUPREME COURT SYLLABI

No. @SS. Kcclcy Institute OF Virginia
against Wade. Error from Washington
county. Affirmed. opinion by Norval, c.
J. Filed February 90 1891.
l. When there is no disputed question OF
fact in case it is proper for the trial
returned
- Hearsay evidence is inadmssible on
No. 1882. 'arabek against Kennedy Err
ror from Nance county. Affirmed. Opinion
oy H0lcomb, j. Filed February 90 1901.
l. In determining the CompetercV Of a
witness TO testify as to the values OF land
regarding which there is a controversy.
as To the admission of sICh TESTIMONY and
unless II is clearly inRdmissibie as a matter
OF law and prejudieial the ruling will not
. \ plaintiff testified as to how tho con.
struction OF mill dam affected his land hv
raising the water above the natural flow
ana thcrebN increased the danger of stock
drowning therein. and stated that he had
Already lost some cattle IN that manner.
the rule as TO measuring damages sustained
being correctly given the jury I'm the in
sructons of the court Held. that no
filshts ,i,s , OF thc defendant were prejudiced by
the admission of such testimony.
No. $3.50. Insurance Company of North
america against Ackerman. Appeal from
DougiaS county. Affirmed. Opinion by Sui
hNan, j. Filed February 60 1901
,,o Nm apptaisement OF property made for
si,, snc @ @purp2ses OF q judicial sale cannot he
su'tessluIly attacked after the sale except
on the ground OF fraud
=, ~ lS not error to refuse to NaCatc "A
JuuiCldl SAFE ON the ground that the ap-
praisoment was fraudulent II tho obir'-
lions 10 inc confirmation contain no alIe-
go e%'ipr tbn -, ,raH' or other improper conduct
VI. Uc lart OF the appraisers.
No. giG. Burns ct al against School Dis
friGI frn,, no. ~ Is of Rock County, ct al. Error
llolcomb, j. Filled February 20 1901 ~
J. school house was erected ON a part
pI, on tract of land OF eighty acres mcum-
petod bN a real estate mortgage. The mort
gage lien was forcclosod, the decree ostah-
iishlng thc mortgage was a prior lien on
me real estate, TO which the interest of the
school district was subject and inferior,
htld, not to bc an adjudication that the
TEnUoL SnrI%d mouse was a part Of the realty and
huer me provisions Of section :, sub
GiNislon n o. chapter xxx OF the Compiled
trict have no authority to enter into Huv
a-r''mont contract or arrangement ex-
o" a site for which they have not a title i'm
Ice without tho privilege to remove the
Same same when lawfully directed to do SO by by
'he gualiiled voters of tho district
j. Where school house has been erected
UPON iand upon which there exists a mort
gage the school district authorities NAV
aIt'r inc erection of such building CON
denim the land required for a site for si,ch
nhiidlng and the true measure Of damage
Is the value OF the land taken. exclusive of
the value of the building and tho damage
to the oJo JTocmaiqdcr II amy.
son lrrigating aud Water Power Company.
Error from Hitchcock county Roversed
1891. ~
l. Where, I'm an action to enforce n CON.
tract made on behalf Of a CORPORATION bv
an unauthorized agent, the evidences tends
TO SHOW that the corporation by acouics-
Cence ana acceptance OF benefits RATIFIED
such contract, and instruction which M cf-
rect withdraws such evidence from tho
of the jury, ~ erroneous
z. An act done in behalf of "A corporation
by one having no authority To represent n
may be ratified by conduct implying an
proval and adoption.
j. a corporation having powers ia rstif,
or rcpudlate a contract made i'm its nann
by n self-constituted agent, or one acting
outside OF his authority. should within n
reasonable time determine which IL will do
ana IT II do not disavow the agency and
dissent from tho contract. assent and an
proval may be presumed.
No. 1OO7S The Crawford Comnonv ,gairs,
hathaway ct al Appeal. Rehearng de-
med opinion by Norval G. j. Filed Feb
ruary 20, 1901.
l. A motion for a rehearing should con-
risely state the ground or grounds tinon
which the decision Is assailed.
. Arguments or citations of authcri,ies
have no place in a motion for a rchcarinv
j. jurisdiction over the subject mattcr
cannot be conferred by the consent of mar
ties. " P"'
4. Sections i7 and S chapter xciiia
compiled Statutes, 1897. Constitutc no n"
'cptance of any supposed grant to the state
oy the federal government of the waters ON
he public domain. va
8. Former opinion reported in 81 N. w
n, adhered To. " w.