Omaha daily bee., 1902-05-27
SUPREME COURT SYLLABI.

The following opinions will be oficially
ssi0. Bender against Kingman & Co.
Error from Thurston county. Affirmed.
kiTkpatTick. e. Division No,
with intent to defraud his creditors a
purchaser from such debtor will be, pro-
ton with which he has parted before re-
ceiving notice of the fraudulent intent OF
q Admission of testimony regarding con-
versations had in the presence OF the pur-
chaser of q fraudulent vendor. pending the
t[ansde OF 1ae property; Ghsrging hin with
vendor. held not error.
3. The doctrine of constructive fraud does
Section 20. Chapter xxxii, Compiled
Statutes, the question of fraudulent intent
4. Fraudulent H1s'i intent ~ i1 declared I a not 10 OF be- tsW q
question of fact by statute, does not differ
in kind or degree from other questions Of
fact. and when the evidence adduced in a
case upon the question of fraudulent in
tent Is os conclusive that reasonable minds
cannot differ as to the conclusion TO be
court to direct a verdict accordingly.
O. Evidence examined and held that t
PEREZ mstr9Stion given by the trial
1918. Union PaciSr Railway Company
ecFksiRss ce GSSgaty. & GffiqmSydi A HRFlp3saal, from gl
1882. Farmers Mutual Insurance Com
pany against Kinney. Error from Gage
No. @. "
/, When a mutual insurance company is
organized under the provisions of the laws
of this state, t~he-provisions Of the statute
authorizing its organization, the articles of
Incorporation and bylaws of the company,
the application for membership and the
certificate of membership constitute the
contract between the company and the
2. When a member of a mutual insurance
company agrees in his application 10 be
governed by the bylaws and rules NOW In
force or hereafter adODtpd nv said com
pany,n he Will be bound by subsequently,
as he Is by those In force at the time his
certificate of membership is issued; pro-
vided, that such subsequent bylaws are
adopted in conformity with the authority
conferred by the statute upon such COM
3. A bylaw of a mutual insurance COM
pany which provides that the company
shall not be liable for any loss that may
occur while a member is in default of the
| payment Of a legal assessment Is a rea-
sonable bylaw and will be upheld.
a.. Where ell the, property covered by a
Is not destroyed, the receipt of subsequent
assessments by the company from a mem
P pef yn was na sus g%sSdeGeq fo a default iSfs Thi ih t h1s
aymen of assessments. will not operate
as a waiver of such default.
Cunning county. Afhrmed Kirkpatrick,
c.. Division No. J..
/. A husband, against whom divorce pro-
valuable farm upon which the family re-
sided to the wife, relying upon representa-
lions that the consideration for the deed
was to be a home with his wife, permanent
reconciliation. and a life annuity of 800.
The husband could neither read nor write
executed gave the wife the option of re-
ceiying the husband into the home or ex-
Guiding him upon the payment of the $500
annuity. Held, that the deed could not be
2. A deed from a husband to wife convey
ing the farm upon which they both reside,
the consideration being a home for the
period, or exclusion of the husband from
the home at the will of the wife upon the
| payment of a 500 annuity for life, is OPP
posed to sound principles of public policy,
as being a contract calculated to bring
about a separation which has not yet taken
place.
tain the findings and Judgment of the trial
ii269. state against Missouri Pacific Rail-
way company. Error. Original. Dis
l. The only authority this court has to
take cognizance OF crimes is that given
by the constitution in the grant OF appel
2 When the legislative thought is cast
In the mould of the criminal law, II will be
presumed. nothing appearing to the con-
trary, that the remedies contemplated were
those generally used In courts exercising
criminal jurisdiction.
3. The provisions OF section 9 of the ace
Of 1898, known as the Maximum Freight
Rate Law" being punitive and not RENE
dial, are to be enforced In accordance with
the procedure Of the Criminal Code.
collection of taxes unless such taxes ara
levied for an unauthorized or Illegal purS
pose. =
| the taxes, the collection of which is sought
TO be restrained by Injunction, are not
illegal or unauthorized.