Omaha daily bee., 1903-05-22
SUPREME COURT sYLLABI

1891. Farmer & Merchants National bank
against Mosher. Appeal from Lancaster
county. HASTINGS, G.; Department No. /
/. Where property in large amount with
out fraudulent intent, has been turned over
by an insolvent debtor to his attorneys IN
s s09as ! ssna9si S OF PSsT f SRd hi rSSSfe an serv wffe
any creditor desiring to attack such trans.
fer should do so before services TO the full
value OF the property are rendered.
2. Former conclusion as to defendants
Whedon and Magoon, so far as relates To
such property, adhered TO.
3. Taking n general money judgment and
Issuing execution which Is returned wholly
unsatisfed, is not a waiver OF attachment
4 Taking no order against a garnishec
who denies holding property. not a waiver
s. Garnishment lien may be enforced by
6. BY promptly resorting to equity after
m SSsmn iIen is Is d p[i e trough ffGSsh the " eaHity
action.
/ Garnishee turning over money on order
liable TO the creditor therefor.
s. Former conclusion adhered TO rs to
ioscs. Bank OF Miller against RRioRmor.
Error from Buffalo county. Former Judg-
ment adhered 10. Hastings. c.. Depart
/. whether or not n given state Of facts
constitute probable cause for procuring
law where, however, defendants have re-
quested special findings substantially en-
bracing this question they can not after
ting its decision TO the Jury.
2. Evidence is held to support the special
nnInSdiinIEs IN r thiT ease II the jury aece ytSt
70 do.
3. Defendants having procured plaintiffs
arrest on. the ground that there was dan.
ger that he would leave the state to avoid
an examination IN proesedings N AID OF
tSe syiSent the ala SdGunntSyy d dHiasie.s f snah in tent
lion is admissible in evidence Mt the trial
of plaintiffs action for malicious prosecu-
ton. based on such arrest and proceedings.
especially where the termination OF such
proceedings is~s disputed.
with regard to leaving the state. and as to
his arrangements to remain about the time
of his arrest, defendants not being charge
proof merely tending to show plaintiffs
innocence OF the charge made by defend
ants, IL immaterial in an action of mali
created some sympathy for plaintiff, its
admission Is prejudiclal error.
8. It IS not error to refuse, in on action
for maliciously procuring plaintiffs arreet
in proceedings in aid Of execution, an I'm
struction. that makes an, Intention on the
part of the plaintiff to leave the state n
sufficient ground for arresting him. h
statute only permits arrest where there Is
danger defendant will not obey a citation
11s7S. Dale against Council BLUFFS Saw.
bank. Error from Douglas county. Former
Judgment adhered TO. Ames c., Department
/. An adjuster may under circumstances
having no H3on tetndS w,fEE to tps in 5Urson any o. third drl
quiescence OF his bailor, other means than
a sta tutory foreclosure for the satisfaction
Of his men. In such case a Junior lieu
holder has no ground for complaint II the
means adopted do not injure or imperil
2 Under the circumstances OF this case
the question whether the bator has so con-
sented or acquiesced is one of fact for the
No. 125o2. Bee Publishing Company against
s sn1ssds' Oldham EfEST rom e, p RiGISE5aS N county al Az
/. The liberty of the press is. no more
sacred than the liberty OF speech; what a
man may write with impunity. he may
2. An occasion OF privilege will not Justify
false and ~groundless imputations OF wicked
motives or OF crime against public oficials
in the performance of their duty,
8. While the conduct of such officials is
open to criticism, a line must be drawn be-
tween hostile criticism upon public conduct
and the imputation of bad motives or of
4 In an action for libel evidence of other
publications in the same paper containing
substantially the same nnput ton as that
sued upon, whether made before or after
the latter, or even after suit brought, may
be admitted In evidence for the purpose OF
proving malice in the publication sued on.
S. Evidence Of the extensive circulation Of
iished may be admitted for the purpose of
showing the extent Of the injury.
6. Action of the trial court IN excluding
T. Held proper to submit to the tu-v
whether or not the language ccntnined IN
the article sued upon, when fPtr,' cor
stried. amounted to a charge OF bribery
TIM ma'fea''noe IN 0m'e 'sa'a'' = pun
able to the plaintiff In error.
Q. Amount of damages awarded held not
avceasiVe-