Omaha daily bee., 1903-01-23

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certain policy. as Instructed. the company
suffered loss. The court holds that the
statute Of Limitation runs, not from the
date Of the act which causes damage. but
vhtn the poCunisry loss was sustained. An
agent Of limited authority. e says. must
adhere faithfully To his Instructions aud
II he exceeds. violates or n~eglects them.
ard loss results as a consequence. e Is his
duty to make II good.
Bankers linton Must Pay.
Tho verdict OF a Douglas county jury that
the BANKERS Union must pay Otto c.
Shverin tho amount sErced Upon in its
contract OF accident insurance. schwerin
lost an eye, as he claims. ty a tree falling
upon him. Tho Unicn characterised this
as prePostercus ari insisted that his tes-
tiuoly showed so many contradictions that
Il ought 70 be thrown out as fully untrust-
worthy. The supreme court says that
whether he told ;ho truth OF not was a
question fer the jury to decide. and hay-
ing believed him. It's verdict would not be
disturbed.
other Decisions.
The mandamus suit brought BY J. Y.
Miles to compel the auditor to register a
1000 Douglas county bond failed because
the court held that the auditor was enti-
tied to know the full history of the bonds
sought to be refunded when presented for
registration. Niles holds a bond bearing
5 per cent and issued in 1851. He refused
to eXchsnge Il for a 5 per cent bond. The
new bonds are nov owned by the school
fund.
In the case OF Union Savings Bank
against Lincoln Normal University. the
aAv.aH -m.-. - 800
court confirming the sale OF the remains
Of the burned school building. One unsatis-
fed creditor objected. claiming that the
purchaser had violated an injunction BY
removing a part Of the property pending
litigation. The court says that a refusal
to confirm a sale is not necessarily one OF
the punishments for contempt Of court. as
it might fall equally on the innocent and
guilty.
The case Of Benjamin Kohout against
Mrs. P. A. Thomes, from Saline county,
was affirmed. Plaintiff charged that the
woman had induced Aneliza Gum. on her
~deathbed. 10 deed her some property that
she, in a will. bequeathed to some relatives.
but the court holds the plaintiff waited too
Icing to bring the suit.
Opinions Handed Down.
Fremont brewing company against Han
sen. Notion tor mandate denied.
Hartford FIRE Insurance Company against
Hon. Motion for recall mandate denied.
commissioners Dawes county against
Furay. Oruer allowing alternative writ
vacated.
Fidelity Mutual Fire Insurance Company
against Murphy. Motion to strike BRIEFS
overruled. Mo1iOl 10 affirm oyerruled. L.
r. Leigh. receiver, substituted as plaintiff
IN error and given twenty days to serve
DanIorth against Fowler. Motion to re-
quire matters to state Tor whom appears
overruied. Motion . strike from transcript
AFFIDAVIT Of Grown OveTruled. Motion to
strike from transcript copy OF answer of
helen l. Jones Overruled. Motion to strike
portion OF clerks certificate Overrulsd.
Shearer against Union Stock Yards Com
pany. Dismissed on stipulation.
Parker against Parker. Motion for leave
TO oocket as an appeal overruled. Motion
for order on sheriff 10 return summons sus-
tanned.
Lycn against Gombret. order on attorney
Russell against Mccarthy. Motion to
quash bill OF executor sustained.
state Bank OF Pender against Frey. Re-
hearing denied.
Micnigan Mutual Life Insurance Company
against klatt. Rehearing denied.
Brown %against Chicago. Rock Island &
Pacific Railroad Company. Rehearing
denied.
Chamberlain against Woolsey. Rehearing
allowed.
hudson against Parker. Rehearing al
hONeu.
Pekin Plow Company against Wilson. Re
hearing denied.
Sanford against Anderson. Rehearing al
lowed.
Orcutt against McNair. Rehearing
Union Life Insurance Company against
Parker ReheaTing denied.
Phoenix Insurance Company against
Zlotky. Rehcaring denied.
State eX rel ProuI against Nebraska Hos
Company. hehearing denied.
School District No. "a Of Adams County
against kountze Bros; Rehearing denied.
Company. DISMISSED per curtain.
State ex rel Freeman against Scheve. Re
hearing denied. Opinion by Sullivan. c.. J.,
Evans Laundry Company against Craw-
! ford. Re-ersed. Holcomb, J.
Logan against Wittum. Affirmed. Sulli-
Reliance Trust Company against Ather-
ton. Affirmed Albert, g.
Red Willow Company against Smith. Re
versed. kirkpatrick. &.
Grant against Commercial National Ban=
Affirmed. kirkpatrick, e.
Curtis against Zutavern. sversed. Hast.
remont EIkhorn g. Missouri Valley
Railroad Company against Clayton. he.
Weston against Falk. Rehearing denied
Opinion by SedgwfCk. j.
Dougherty against Kubat. Reversed
Gross against Scheel. Affirmed. Barnes. c
Lanagn against Whalen. Reversed. Ames
Belts against State ex rel Jorgenson. Pro
ceeding In error dismissed. Lobingier. &.
Almeria Irrigation Car al Company
against Tzschuck Canal Company. Al
hrmed. Duffie, c.
Goble against Simeral. Affirmed. Pound
c.
Warner against Modern woodmen o
America. Alarmed. Barnes, L.
LangdOn against Conlin. Reversed anC
petition dismissed. Oldham, G.
Bankers Union OF the World agains
SchweTin. Affirmed. Ames. g.
Baeschlin against Chamberlain b. House
] Reversed. Hastings &.
Hatch against Fslconer. Affirmed. Cid
7 nam. q.
Northern Assurance Company agains
Borgeit. Reversed. with directions to over
rule demurrages. Pound. e.
Stevenson against Morgan. Affirmed
= shai against Barton Reversed. Al
bert. q.
Moline against State. Reversed. Hol
comb, J.
Randall against Gross. Reversed. Old
ham. G.
Hart against Beardsley. Affirmed. Sui
Ivan, e. J. HOlcOmb, j.. cOnCurring spe
cially in separate opinion. Sedgwick. J.
coucurTing in separate opinion.
Pierce against Atwood Reversed. wit
Instructions. Dune. G.
Opinions filed in the following cases vii
not be officially reported:
State eN rel Niles against Weston. De
murreT sustained. Holcomb. j.