Omaha daily bee., 1902-03-30
SUPREME COURT sYLLABI.

1924. Cannon against Pheian. Error from
Box Butte. Reversed and reinstated. Day,
c., division No. /.
l. A bond given for the purpose of taking
an appeal under the provisions OF section
81, chapter %, Compiled Statutes, which
runs to 'the state Of Nebraska as obligee,
instead of to the Judge OF the probate
by reason thereof void.
2. If the. appellee is dissatisfied with the
FORM OF the bond the appropriate practice
is to move. in the appellate court for an
order requiring a new bond TO he. filed
in default thereof that the appeal be dis
missed.
8, IN such case IT is error to peremptoriIy
pellant the opportunity to give a new bond.
l. BY section AZ, chapter 20, Compiled
P PersOn aif E Tlg9t b St APP aPPefah n is g aESsr 10 }u any
ment or decree Of the county court in all
matters of probate Jurisdiction.
to authorize the appellant to appeal.
G. Whether Thomas Cannon, as admins
traitor. has the right to appeal, not de-
sd ll2ts: R Allen against Hal; Error from from
/. A verbal contract with an agent or
broker to sell land for the owner thereof
Is void under the statutes of frauds. and
II requires the voluntary act OF both par
ties thereto to completely execute IL so
as to take IL out of the operation OF the
2, A tenant who leases land, enters into
the possession thereof, cultivates 1t, raises
the crops thereon. converts them to his
own use and Is not disturbed in his possess
sion by any one claiming by paramount
title, can not plead want Of title in his
landlord as a defense to an action for the
8. The giving of an instruction which is
fairly within the issues raised by the plead
trial. and which the record shows did not
mislead the jury, though not technically
correct, is error without prejudice.
4. Statements made by a party TO a suit,
TO a third person, may be received in evil
dence against him, and are not open to
the objection that they are hearsay evil
1925. Field against National Council of
Knights and ladies' OF Security. Error
No. l.
/ Bylaws OF a mutual bene1t association,
providing for the payment of assessments
made during the month on a certain day,
and for suspension, without notice, OF mem
bers in default, are self-executing and the
2. The financial secretary OF a local coun-
ell IN such an order has no implied au-
the bylaws governing the payment OF as
sessments.
s. In order to obtain sick benefits. as pro-
himself within their terms.
1905. Anderson against City OF Albion.
Error from Boone. Reversed. Oldham. c..
/. A city is bound to keep its streets and
sidewalks reasonably safe and convenient
for travel, and an instruction which charges
the jury that before a plaintiff can recover
for injuries sustained by reason of a defect
In a sidewalk the jury must find that
said defect left the sidewalk in an un-
reasonably dangerous condition" is errone-
Gus.
2. The law makes It the duty of the off,
GERS of a city to exercise reasonable dill
gence for the purpose Of knowing whether
reasonably safe, and they are not TO wait
for knowledge OF defects or dangerous con-
ditions OF its sidewalks until these facts
attain notoriety in the city. An instruction
which in effect charges that the defect IN
a sidewal must have been notorious and
with notice thereof, is erroneous.
1913. Webster against Bates Machine
company. Error from Buffalo. Affirmed.
Ames. C., division No. 3
/. When pursuant 20 the terms OF a lease
a landlord re-enters because OF a default
covenanting that in such case machinery
placed upon the premises by the tenant
shall be forfeited to the lessor. the former
will succeed TO only such title in such per-
sonal effects as the latter himself had.
2. When in the absence OF any relation
of trust or CONFIDENCE, personal property Is
taken possession OF, t~ortuously or other
world OF the nature and extent OF the right,
title or claim made by the party COM
hitting II and II a person having an ad-
verse claim thereto fails TO assert Il or
remains I'm ignorance until after the lapse
Of the statutory period of limitations the
therefor is barred. There IS no distinction
in this respect between actions for the
recovery Of chattels and those for the
cover OF real property.