Omaha daily bee., 1902-11-03

to. Oldham. c. division No. 2. Unreported.
/. Application for a modification of former
Judgment examined and denied.
2 Nothing short OF actual payment or its
equivalent 20 the owner Of damages us
sessed constitutes compensation Tor prop
erty wrested from him under the power OF
eminent domain.
il4ss. Violin against Phelps. Appeal from
ColfaX. Affirmed. kirkpatrick, c., division
No. l. Unreported.
/. The court has jurisdiction to enter a
personal deficiency judgment in actions Of
foreclosure which were pending prior to
the repeal of sections S7 and $40 OF the
Code of Civil Procedure. -.
.. Under the provisions of section SIS OF
the Code Of Civil Procedure a motion and
application for deficiency judgment is prop
Ing commenced prior thereto remains un-
disposed of.
ISIS. Waddell against County Of Gage.
Appeal from Gage. Affirmed. Dufiie, C,
division No. 3. Unreported.
ISIS, la selie against County OF cage.
division No. 3. Unreported.
1l7SL La selle against County of Gage.
Appeal from Gage. Affirmed. Dufie, C.,
division No. 3 Unreported.
1872. Snyder against County Of Gage.
Appeal from Gage. Affirmed. Duffie, c..
division Nc. 3. Unreported.
1893. Logan against Nebraska Moline
Pillow company. Error from Adams. Re
versed. Day. C, division No. l. Cnre-
1. The federal bankruptcy law giving the
trustee the title TO all property whbh the
bankrupt could have transferred prior TO
the ming OF the petition or Whlcn COulu
have been levied upon for his debts places
the trustee as against an unrecorded condi-
tional sale contract in the position of a
1885. Russell against Anderson. Appeal
from Otoe. Affirmed. Dune, c., division
No. 3. Unreported.
errors that are not pointed out by counsel
and discussed in the brief.
1884. Dillon against Watson. Appeal from
otoe. Judgment. Pound, c.. division No. 2.
Unreported.
/. Although the construction Of instru-
ments is for the court, where a written con-
tract requires extrinsic evidence to explain
It's terms the Interpretation to be given in
view Of such evidence Is a question of fact.
2. a client is not liable for fees of other
counsel employed by those whom he has
retained to conduct his case unless he au-
thorizes or ratiies such employment.
3. But an attorney retained to conduct a
case which is pending in another county
may properly employ local counsel to at
tend to necessary formal matters, such as
docket and the like, and charge the fees
paid such counsel as expenses, where IT
| appears that the fees paid were less, or
at least not more, than the expenses which
would have been incurred had he gone in
person.
4. Whether a defendant who has not
pleaded the statute and permits evidence of
an oral agreement employing an agent to
sell land to be introduced without objec-
ton does not thereby waive the provisions
Of section u, chapted 70, Compiled Statutes.
Quaere.
~ Aul NAA vi ldNN htlu W NC sup
ported by the evidence.
1i4Ss. Lamb against Wilson. Appeal from
bsTeasteTGI, v,i Reye No With yInroD6 Instructions
1. 1t is a general rule that neither partner
of a dissolved firm is entitled to compensa-
ton for services rendered in winding up
partnership affairs, unless It is expressly
agreed otherwise or can be fairly implied
from the circumstances.
2. Where, however, a subsisting partner
ship upon equal terms dissolves and 1t APP
pears that time, skill and labor have been
expended by a partner, in the continuance
to the general benefit. such partner should
receive a reasonable compensation for the
profits resulting to all from his extra labor
and skill, based upon the nature of the
business, the difficulties attending the UNI
dertaking and the value of the results at
8. A law firm of three members. each
sharing equally in the profits, dissolved,
assigning undisposed of cases to the sew
eral members, except one case, pending In
the supreme court, which was not assigned.
Judgment therein was reversed and a re-
trial was conducted by two of the members
of the old firm, who prosecuted the case to
a successful termination and collected the
fee. Held. the value of the services rem
dered by the old firm in the former trial
and by the two members In the second trial
respectively. being ascertained. and the fee
collected insufticient to pay both sums. the
fee should be distributed pro rata between
the dissolved firm and the two members.
4. Where's law firm dissolves, ~assigning
undisposed of cases to the several members
and the agreement of dissolution is sup
80 1AA
ported by sufficient consideration, each
member who in good faith undertakes to
carry out his part of the agreement is en-
titled to prosecute to completion the cases
assigned to him and services rendered by
other memhers to him in such cases will
be held to be gratuitous.
5. Where a law firm dissolves and one OF
the members is subsequently employed un-
der a new contract by a client of the old
firm in a case commenced before dissoll-
ton, and which has been assigned to such
member. a settlement made between tbs
members Of fees due to the firm in such
case, made with knowledge of such subse-
quent employment. will be held to have
been made in view of such employment,
and will not be opened.
1860. Solomon against Solomon. Ap
peal from Douglas. Affirmed. Kirkpatrick
c. Division No. /. Unreported.
/. Where one who pays the purchase price
OF land takes the title thereto in the name
of a stranger, the law will by Implication
raise a resulting trust In favor of him who
has paid for the land; but where the one in
whose name title is taken stands in the re.
lation of wife to the purchaser the pre-.
sumption will be that the conveyance was
intended as a gift to the wife.
2. A finding by the trial court upon a
question OF fact will not be disturbed upor
appeal II supported by sufficient com.
petent evidence.