Omaha daily bee., 1902-11-17
SUPREME COURT SYLLABI.

from Dawson. Judgment. Pound, C. Divi-
/. Chapter xcia. Compiled Statutes for
1901, does not grant to any individual spe-
Cial or exclusive privileges or immunities
within the Inhibition of section 10, article
iii, of the constitution, and is not special
legislation within the meaning of said sec
?. Section II, article III, of the constitution
does not require that amendments made to
a bill while under consideration by the
legislature be read at large before each
house on three different days, but It is suffi-
Client that such amendments be printed, as
required by said section, and that the bill,
as amended, be adopted by both houses.
3. An association of retail dealers in lum-
Der organized, as stated by its constitution,
to prevent Its MEMBERS from being sub
jected to competition of wholesalers, which
requires a fixed stock, continuously carried,
to entitle a dealer to membership and levies
upon and collects from wholesale dealers
a penalty in case they made sales TO con-
sumers directly or to retail dealers not
Is unlawful under section l, chapter Xc1a,
Compiled Statutes.
4. Under the provisions of section 1, chap
ter Xcia, Compiled Statutes, the number OF
dealers who engage in such unlawful COM
b~ination and the proportion they bear to
the whole number of dealers in the same
5. A dealer who is injured in any way by
such an unlawful combination may bring
an action under section II, chapter Xcia,
Compiled Statutes, against the members
thereof, or any one or any number OF them,
to recover his damages.
s. Where the express object of an asso-
citation of retail dealers is to prevent COM
petition by wholesalers In selling to con-
sumers directly or to retail dealers not
eligible to membership in the association,
the acts of any of its members or of any
deavoring to prevent or hinder sales by
wholesale dealers to q particular retail
dealer not eligible to membership, are in
be shown in evidence against all, whether
directly participated in or expressly. au-
thorized by the association as a whole or
l. Evidence of acts and declarations of
persons alleged to have been engaged In an
unlawful combination in furtherance of its
purpose is admissible not only to charge
the several persons engaged therein. with
establish the existence and extent of the
combination. If the combination or the
ptesnI55aapPs tberein ~ NOT shown sufinientiv
the court should be requested to instruct
that the evidence can only be. considered
against those whose acts or declarations
s. When an unliquidated claim for dam
ages against a number OF joint wrong
doors Is satisfied by one or more of the
persons liable it is extinguished as to all.
9. A cause of action which would survive
the plaintiff, so that the avails thereof
would be distributed in administration of
his estate. will pass to his trustee in bank
ruptcy under the provisions of section 70
of the bankruptcy act of 1898.
10, BY virtue of section ass, Code of Civil
ter xcia, Compiled Statutes, would not
completely aLate on the death OF the plain
tiff, but could be revived and maintained
by his personal Representatives.
II. Hence, whatever might be the rule
had no action been begun prior 10 nling of
a petition in bankruptcy, so that the cause
of action would not survive, under section
454, Code of Civil Procedure, the interest of
a bankrupt in such an action, pending at
the time OF his bankruptcy, passes to his
trustee, and a purchaser ana assignee
thereof claiming under a trustees sale
IL, A voluntary association, unincorpor-
ated, which is not organized to carry on
some trade or business, or to hold property,
In this state, and does not In fact carry on
a trade or business or hold property there
in, cannot sue or be sued as such.
10. An erroneous instruction directing a
verdict in favor Of certain defendants. par
ticipants in a joint wrong, affords no ground
of complaint to .co-defendants jointly and
severally liable with them.
124S7. Weston against F'alk. Error from
Lancaster. Reversed. with instructions.
When a claim against ,ne state is al
lowed I'm part bv the auditor, II the claim
allowed he thereby valves his right Of ap-
1850. Frulde against State. Error from
Polk, Reversed. oldham. c. Division No.
/. In a prosecution for selling intoxicating
Statutes of Nebraska, the fact
that the defendant kept in his place OF
stamp, commonly called a government
license, for the sale of Intoxicating liquors,
may be received In evidence as a clrCum-
stance tending TO show that defendant was
in the business of selling intoxtcat-
ing liquors, but for no other purpose; and
when such evidence is admitted the de-
PENDANT should be permitted. II he so offers.
to explain his possession OF such revenue
stamps for any other purpose.
2 In a criminal prosecution where the
state relies on the evidence OF detectives
for the purpose of procuring
testimony against the accused II Is reyer-
sible error to instruct the jury that they
should give TO the testimony of such de-
~tectives the same consideration as TO any
other testimony i'm the case, giving II such
weight as, considering the nature OF the
their opportunities for knowing the
facts of which they testify and their APP
p~earance and demeanor on the witness
stand, and all the other elements which go
to show their crsdibiiity, including their In
terest and bias, and to give their testt-
mony such weight as under all circum-
stances the same is, in your judgment en-
titled to receive
l22O6. Sulpho-saline Bath Co. against
Allen. Error from Lancaster. Affirmed.
Dufhe, G. Division No. 3.
]. The burden 10 on a bailee for hire to
show that property entrusted 70 his care
was lost without negligence on his part.
2 A bailment Is for hire, although no
direct hire is paid for the bailment where
II Is a necessary incident Of a business In
which the batlee makes a pront,
3 The federal congress Is not authorized
TO prescribe rules governing the admissi-
bility Of evidence In the courts of this
Gliding average are:
r.. Hit Bases No.