Omaha daily bee., 1902-02-22

from Custer. Affirmed. BY the court. Per
Judgments and orders of the district court
are p~resumtively right and will not be re-
yersed unless error afhrmatively appears In
iiiIs Williams against Taylor, Appeal
from Lancaster. Afhrmance. Holcomb' j.
/ Ar appraisement duly made of real
estate for the purpose OF a judicial sale
cannot be successfully attacked solely on
praised too low. o make the low vaigss-
ton a successful ground of attack on the
SPITsiseR% roTr It P PG,s1at BE ehs q NsS'1 So Tor
2. A district court In the exercise of its
equitable. powers has authority to set aside
proceedings ard direct a new one il the
property has been sold for a sum mani
f teid for in9 mepe ssan no tw9.fsIfds ~ inTs % sps
praised value.
3. order Of confirmation win not be set
aside solely on the ground the appraisers
of the real estate sold were mistaken as to
I1iiT. Raymond against Schrlever Bros.
Error from Dakota, Affirmed. Holccmb. ].
I. An action for relief on the ground of
within four years after the discovery OF
facts constituting the fraud or of facts SUI
sehce ana prudence on inquiry which il
pursued would lead to such discovery Par
kesr :, Kuhn. q Ne6;; III; .,,.r ,ho AZ.
covery of the alleged frauds OF. of such
facts as were SUFFICIENT to demand such In
closed the alleged frauds, bars an action
brought for relief upon the ground of such
Z. The mere fact that a party defrauded
and discover the fraud without any facts or
clue thereto which would cause an ordi-
an esamination which Il followed up would
disclose such fraud will not set the statute
4. Petition and the evidence in support
thereof held SUFFICIENT to establish plain
Judgment rendered in the action,
11l62. Thomson against. Hall County.
G. Division No. /. Reported.
l. An action brought against a county
treasurer and his 6onddsT M for or the h.sI res COW
verified by such treasurer, is not prema-
turely brought II commenced after the ter
treasurer and after he has given a bond
and qualified as his own successor In offce
insurer Of the funds which come into his
hands ex-offcio and such treasurer and his
bondsmen cannot in an action by, the
county to recover funds not accounted for
plead that such funds were lost without
any fault OF neglect on the part of the
they were deposited for safe-keeping only
and In good faith, believing such bank to
be solvent. ....e
county treasurer and his bondsmen to re-
cover funds alleged to have been converted
DIV the treasurer IL IL. HOl. tIEpE ~ COiupb
Interest on such funds from the date AZ
which. under the terms of the statute, and
the oficial bond. the funds should have
been accounted for and turned over to the
iiSss, shsughnessy against ST. Andrews
sadsSi:k, e Reported. Division No. 3
i. Az action in etectment cannot be min
taiaed during the PsndenGS OF a prior
| ties, in which plaintiff alleges that de-
PENDANT ~wIonsfully withholds possession
and asks to enjoin the defendant from
excluding the plaintiff therefrom;
ms. County 9f Hall age against txi ThO On frieR
l. Under the terms Gf the statute pro
by the county treasurer in depository
banks, a depository bond Of such bank
10 a continuing liability. which can be
funds deposited on account Of the giving
2 An outgoing county treasurer deliy,
OF cash, ~aegregating $4,000. and covering
that sum Of money deposited in a bank,
S %a,Sni msa Of fT county f hnSiE ssnRSd tSG 81 such
checks to the bank and al ha 10 theR c sftsr
transaction did not amount to a redeposit
Of the funds As a general deposit, and
depository bond continued.
12183. County of Cass against County
e %m ssrPy- p STESs fI Sn' 4 saT Rsoort Reversed
l. When a public bridge has been con-
structed across a stream dividing two
at the salt OF the other to contribute
toward the expense of necessary repairs
upon the same, although there may be no
building or repair OF the structure.
q An amended statute is to be construed
lions precisely as though IT had been
originally enacted in it's amended form.
1Ss7s. Leo against state. Error from
COMB J. Reperted.
/ While 1t Is the right of the trial Judge
the administration Of Justice. vet the prae.
tice OF so doing, except when absolutely
necessary. should be discouraged. The
power upon trial judges has been. SO far
modified by the code as to greatly limit
seVie PpiSs count ana; Would On fI net b hesitate it ! sp To siv 7
a new trial to the injured party. Eager
against State, % Neb., 1872,
2. Held, as disclosed by the record, there
was an abuse OF discretion by the tria
court In interrogating different witnesses
6nTins the IL trial 3bo Of The cause "a Ss which Sn,s w q 4
ness stand n behalf Of the prOseeutior
ton to a question ~propolnded to the wit.
Cthe witness) has known him tihe &C,
observation for other jobs" and also OF
the cr"oss-examination OF the accused, whC
testified as a witness in his own behalf
asked him: Have you ever been ar
rested hefore?" Have you ever beer
convicted of a crime?" Isn't is a fact
Mr.. Leo, that you have served time II
braska?" Have you ever been convicted
OF a crime and sent TO the state penl
Tertiary at Lincoln as a punishment fol
that erime7' And you never at an,
time were convicted of a felony and sen
TO the state penitentiary at LincolnY'
prior conviction of a felony, held suci
action unwarranted and prejudiclal TO tn
| defendants substantial rights, for which
; new trial should be granted.