Omaha daily bee., 1903-05-08

county. Ohio, a man with money to loan.
Three 5000 notes that represented money
OF Jaster's that Currie had placed we're
not paid by the makers, and faster began
a suit In the district court Of Custer county
against Currie. as indorser. and the others
as makers. Jaster's attorneys filed notice
that they would take dispositions in this
case back in Jaster's home town, which Is
close to where Mr.. Currie comes from.
Currie and his attorney went back to be
present at the taking Of testimony, but It
was all a ruse to decoy Currie within the
jurisdiction Of the Ohio courts and as soon
as the dispositions were taken he was served
with summons to defend in the Trumbul
county court a suit on identicaliy the same
cause Of action as had beel begun In Ne
braska. The case there went to the SUI
preme court, Currie specially appearing and
denying Jurisdiction. faster finally got a
judgment against Currie for 1861. and there
upon filed a transcript in Custer county and
sought to enforce collection.
Mr.. Currie defended on the ground Of
fraud in being decoyed to the Ohio ~jurisdic-
tion. He also insisted hat he never WED
faster anything for the reason that It was
agreed that he should not be liable as en-
dorser on any note. The supreme court
upholds Mr.. Currie's contention and over
AuANo Nv NAhAM VI 1aoNNA . NhNN
the rendition of judgment in the Ohio courts
settles the case as against the Nebraskan.
Reverses Damage Case.
The Judgment secured FIVE years ago in
the district court OF Cass county by Will
liam Sporer as administrator Of the estate
Of Henry Hennings against the Rock Island
Railroad company for the sum OF $2,750 was
ordered sent back for another trial be-
an,,zn Tudna Dap,.a,y arrad In hfa inatrttr.
tions to the jury.
As 10 Final Orders.
Attorneys will be interested in two i'm
portant rulings OF the court upon what con-
stituted a final order OF inferior tribunals
from which 1T is possible to appeal.
In the case Of Rose against Dempster
Mill company. from Gage county, in which
the plaintiff appealed from a ruling of the
lower court to open up a judgment and per-
init the company to defend, a motion to
dismiss the appeal is sustained. The court
says:
An order setting aside a Judgment or
decree. fixing a time for filing pleadings
and setting cause down for a new trial
under section 6O2 Of the Code OF Civil Pro-
peal or error proceedinSs will lie before
a trial and a final Judgment.
In Ribble, administrator, against Fur
min, from Saline county. in which appeal
is taken from an order of the district court
barring a claim because not filed within
six months required by probate law, the
court says:
A judgment Of the district court on an
appeal from an inferior tribunal. which is
a complete adjudication so far as the dis
trtct court Is concerned, so as to leave
nothing further to be done in that court,
tion 5S2 Of the Code of Civil Procedure.
although the cause is remanded for fur
Their proceedings below.
Supreme Court Proceedings,
Crawford County against Hathaway, re-
hearing denied; against Miner,
motion for leave to amend record denied,
rehearing allowed on question of whether
court erred in refusing to consider bill OF
exceptions in the record; Union Pacific
Railroad Company against Fickensher, re-
hearing ordered before division No. 3 May
IS, $685.; Orr against Omaha, rehearing
denied; Batty against Hastings, motion for
rehearing denied Bank AGAINST Carney,
motion to set aside order of dismissal, in
Guiding order vacating judgment rendered
November 20, 1902, sustained; Trisk4 gains
Miller, rehearing denied; Farmers Mutual
Insurance Company against Cole, rehearlng
denied; Jones against South Omaha, re-
hearing denied; Batty against Elrod, re-
Company against Howard County,, mandate
recalled; New Omaha Tholnson-Houston
Electric Light Company against Rombold,
rehearing allowed; Commissioners Dawes
County against Furay. application for rer-
emptory writ of mandamus denied; Bee
Building company against Dalton, rehear-
Ing denied; Stocker against Coddington, re-
hearing denied; Gretch against Maxheld,
!, rehearing denied; Sievers against Union
denied; Brown against Fliegel, mandate
ten days II no motion. for rehearing is then
pending; Tunnicliffe against S%toddart, mo-
ton to dismiss appeal sustained; johnson
against Weber, motion to quash bill of ex-
ceptions oVerruled; Kelley Institute against
} Riggs, motion to quash bill of exceptions
sustained; Ribble against Farmin. motion
to dismiss denied; Ribble against Aines,
motion to dismiss denied; Ribble against
, Hopkinson, motion to dismiss denied.
Chicago, Rock Island & Pacific Railroad
Company against Sporer, reversed; Sedg-
wick, j. Conkling against Levie; judgment
of October p, 1902, reversing Judgment OF
trict~ affirmed. as ordered in opinion
filed January s. 1902; Sedgwick, ]. Jones
ing denied; Albert, c. Ritchey against See.
ley; judgment Of reversal entered March 4.
1903. vacated; objection to jurisdiction sus-
tanned; proceedings in error dismissed
Busch Brewing Association; order of dis
trict court everything; Rawlings motion
approved; decision of that court af-
Bank of Plattsmouth against Gibson
order OF the district court sustaining
demurrer; also objections of defendant Glib
) son TO jurisdiction of Cass county district
court reversed. Hastings, G.. Howell
against Ross; affirmed; Sullivan, c. j.
Salisbury against Murphy; affirmed; Sulh
/ van. @. J. Rose against Dempster Mil
} Manufacturing Company; appeal dismissed
Barnes, G. Jaster against Currie; affirmed;
Sullivan, G. j. Omaha against State eX rel
Furmin; motion to dismiss denied; Pound,
c. Knoll against Randolph; former tudg-
ment vacated; judgment of district court
reversed; Dufie, c., Chicago Burlington &
Quincy Railroad COMPANY against Real,