Omaha daily bee., 1902-11-08

swer is expected"
Another allegation OF error was that the
value Of the money taken was not proven.
The court says:
"It is not necessary to prove the value
OF money. The judges, as well as others,
know what II is. The court will take Judi
cisl notice OF whatever is generally known
in the limits Of its jurisdiction"
In the southmsn case the following is
laid down:
THE courts Of this state will take Judi
cial notice that beer is an intoxicant."
Denies RehesrinE of shelby Case.
The court refused rehearing in the case
OF Mrs. Shelby against John A. Creighton
OF Omaha. John and Joseph. years ago, in
herited considerable property from their
brother Edward. John was made admins
TRAITOR and in his inventory omitted TO in
clude a large tract of land now in Omaha.
Later he purchased, for $50, 900, all of the
interest Of Joseph in the estate. Mrs
Shelby, a daughter of Joseph, brought suit
to secure her fathers interest in the omit
ted property, claiming that It was .inten-
tionally omitted. The court does not take
this view Of the matter. hut holds that It
was innocently done.
1t says, however, that the contract may
mistake, a contract is made to convey more
than was intended, or in the contemplation
of the parties thereto, a court Of equity
may reform it to conform to the intention
Thanksgiving Proclamation.
Divine Providence has visited many bless
! ings on the homes or Nebraska during the
| last yea-. Under favorable climatic condi-
! tiuns the fields have yielded bountifully and
the harvest promises ample reward to me
hna fhaf TOLL 81 he
| people are we'll housed, well provided with
| the necessities of life, healthful and happy.
! 1t has been year of unexampled pros
perity.
Humanity becomes the legatee of these
material blessings not without correspond
ing obligations. In our hours of prosperity
we should remember our duty to society
We should remember the church, the school
| and the home. In these places we should
labor to strengthen the fiber and architec-
! ture of true manhood and womanhood,
thereby bearing attestation of our appreci-
| mental and moral standard of our fellow
! being. Providence causes rain to fall on
ere aadg m1s on to emTiov our fec
ties and our material blessings to righteous
ends.
Therefore, by virtue of the authority
vested in me by law. |, Ezra p. Savage,
governor of Nebraska, do proclaim and
designate Thursday, November "a, 1902.
And i do hereby direct that the public
offices of the state be closed on that day
|
in their accustomed places of worship offer
up thanks to Him who has given so gen.
erously of His blessings and Who has ex;
| ercised such sweet soliCitude for our veal
In testimony whereof I have hereunto
great gre s seal G of the he state Of Nebraska Done
at Lincoln this 7th day of November A. D.
EZRA P SAVAGE.
GEORGE w. MARSH,
Secretary OF state.
New Corporations.
The Omaha Business University and Col
lege Of Pharmacy has filed articles Of in
corporations with an authorized capital
stock Of $4,000. N. B. VanMeter, J. L.
Kendall and Edmund Thorp are it's incor-
porators
Some Of the heirs of the late Millionaire
Miles Of Falls City have prepared to en-
bark in the mining business. They have
organized the Sultan Mountain Mining and
Milling company, with an authorized cap
ital stock of $150.0O0. The .ncorporators
are Joseph H. Miles, Sue Miles. Bertha e.
Wisner Frank c. Wisner,, Mary N. Hinkle,
John A. Hinkle, all of Falls City, and J. s..
Herr OF Silverton, Colo. foc,
Inquiry at the capitol develops the fact
that there are some five caseE of small-
pox in the blind asylum at Nebraska City,
but they are OF such mild character that
they have occasioned no alarm. All OF the
victims are children and they have been
isolated successfully, so that the chance Of
an epidemic in the institution is said to
have been reduced to the minimum.
Supreme Court Proceedings.
orders November 6 on submitted motion:
ha to 70
Oakley against Carr. Motion to dismiss
Chicago, Burlington & Quincy Railroad
Company against Mitchell. Motion to dis
miss Miss sustained; ned sullivan NC g: j. dissentiinTg;
against Holbrook. Rehearing allowed.
order re Nebraska Reports for attorney
general.
Opinions filed November 6:
Bacon against Dawes Company. Reversed
and remanded for further proceedings, in
accordance with opinion Sedgwick, ].
Douglas County against Moores. Re-
versed. Duffie, G.
Tripp against Dawes County. Affirmed.
spargur against Prentiss. Affirmed. Kirk
patrick, c.
browne against Palmer Afirmed Duff
Royal Highlanders against scoville Re-
versed Day, c.
missed as to defendant Nebraska Retail
Lumber Dealers association and remanded
| Tor new trldl as 10 ueIenQdntS ClelanQ a
Carroll. Pound, c. Oldham, c., not sit
ting
Company I. .ssaa against Lincoln County Re
Lexington Bank against Sailing. Reversed
Murray against Omaha. Afirmed Pound
-Sulpho Saline Bath Company against
Allen. Affirmed Duffie, c.
Sears against Broadly. Reversed. Hast
Benedict against T. L. v. Cattle Com
J pany Reversed as to defendants Carpen-
ter, Tierney Bros. Riley. Affirmed as &c
all other defendants.
Weston against Falk. Reversed, with in.
J structions to dismiss appeal.
Reid Yates against State. Affirmed
Fruide against State. Reversed. Old
sothman against State. Reversed. Al
bert, c.
Opinions filed in the following cases will
not be oficially reported:
Hall against Moore. Reversed. with direc
tlons TO district court to ascertain amour
; TO be deducted in accordance with opinion
. and to enter decree accordingly in favor o
plalntia
y Shelby against Creighton Former opin
tion adhered to. Kirkpatrick. c.
pany against Klatt Former judgment ad
hered to- Oldham, G. Pound, c., concur
2 ring in separate opinion.
! Jones against Miller. Decree confirming
sale of real estate affirmed. Barnes, c.
Haight against Hayes. Portion OF de