Omaha daily bee., 1903-03-10

depositors would have been best subserved
at the time Of the examination of the bank
by closing It he would have been prompt
to make such a recommendation. OF course,
Mr.. Hartwell had no way of knowing or
such was the case) that there were several
different notes in the bank, all given for
one and the same obligation, or that notes
were being carried as assets Of the bank
that had been paid, or that were accom-
mediation paper, and no consideration hav-
ing passed therefor.
The facts are" said Mr.. Royse, that
the bank was wrecked by its cashier by
appropriating its cash and assets and sub
stituting in part therefor worthless paper,
prior to his departure and subsequent to
the last examination, which, under the cir
cumstances, could not have been prevented
by the Banking board any more :han a
burglary could have have been prevented
by it."
Must Pay Husbands Doctor.
A wife must pay her husbands doctors
bills, SO decided the supreme court at its
last sitting. The case In dispute was Leake
against Lucas, brought up from Dodge
county. The doctor had secured Judgment
against the husband, but as he had nothing,
he proceeded to try to get the amount OF
the bill from the wife. The court held that
the husband while living with the wife
is a part Of the family and that medical
attention OF which he was In need was a
family necessity.
An important point in attachment suits
is laid down in the First National bank OF
| Greenwood against Van Doren. The court
says:
''Where a writ Of attachment issues for
- -tzIa .,,o,,, o1a{paaa In aayaral rauaao
of action included in the same petition,
and afterward, and before trial, some OF
such causes Of action are dismissed by the
plaintiff, a motion to dissolve the attach
ment, based on such dismissal, should be
sustained"
The case Of Selma F.. Brown against
Samuel Campbell, an appeal from Pawnee
county, will have to be tried over again,
Campbell owned a farm that he trans
| ferred to his son Walter ten months before
Mrs. Brown secured a judgment for $8S6.97
against him. This transfer was attacked
on the ground that II was for the purpose
of avoiding collection OF this debt. TIL
court holds with Mrs. Brown on this con-
~tention, but says that the head of a family
has a homestead right Of $1,000 in a quarter
section, owned and occupied as a home
| stead, that he cannot fraudulently ALLEVIATE
\ AS tneTe ID u mOElBdBe Ou III SdupDoil
place, the case is remanded for the pur-
pose Of finding out the value Of the equity
If a surplus above the mortgage and the
1000 homestead right exists 1t can be
subjected to the claim.
suits Are Prosecuted.
George W. Sewer. who is station agent
for the Union Pacific at Papillion, may
, rest in peace. Some years age he wen:
out buggy riding in North Bend, and the
buggy got smashed. The owners, George
and Walter Miltonberger. sued him and
garnisheed the Union Pacific in Dodge
county. Not only once, but three times did
they sue Solver and he finally went tntC
court to enjoin them from keeping 1t up
The supreme court says hat is right, thai
the suits amounted to a persecution and
doubtless with the intent. as his employ
ers were each time garnisheed. to so annoy
them that they would FIRE Sewer.
Henry II. Genau will have his coveted
opportunity TO object to the probate OF hii
fathers will in the. Saline county courts
He filed an application for equitable re.
lief, claiming that he had been deceived
as to the time when objections might bt
filed, but the court sustained a motion tC
strike this application from the files. The
supreme court says this is not proper prac.
tice, even though the motion might bC
construed as a demurrer. Such applica
tions are to be deemed suits in equity ant
are governed by the general rules of plead.