Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-04
SUPREME COURT sYlLLBI

Section l0i b.. chapter ia. Compiled
Statutes. 1908, authorizes special assess
ment. on such real estate as may be
specifically" benefited by a park or boule-'
ward, to pay for the land apportloned or
purchased for such Improvement.
q The provisions OF that section are not
controlled by nor in conflict with section
a eS ig, Of damages for the spprSpria .
ton OF private property. for street pur-
poses, upon Auditing or adjacent real es-
3. Section 10l b. supra. does not require
the Issuance OF bonds under any and all
circumstances. when lands are apportioned
or bouievatds. but only where the special
assessment Is insufficient for that purpose.
tract Of land Il specially benstlted by by "a
park, parkway or boulevard is a question
OF fact, upon which the distance of the
land from such Improvement would have
a bearing. but the mere fact that real
estate Is three-auartcrs of q mile from the
boulevard will not enable the court to say.
as matter ~ law. that It IS not specially
benefited thereby.
1884 Gutschow AGAINST Washington
county. Error. washington. Reversed.
Letton. c. Division No !.
When person files a claim for dam
~ ro,ossd dreissa ,, oh me tssra
valves objection TO any irregularities In
the, proceedinFs to establish the SANE
Davis against Boone county. % Nebraska,
2, Where an assessment TO the amount
of the srecial benefits he has received has
Of lands over which a drainage ditch IS
proposed to be constructed the value OF
such srecial benefits should rot be de-
Quoted from any drainage accruIng TO the
land not actually taten for the construc-
ton OF the pronosed ir1nrovemert Martin
s9s,nst pfn'ore county ~ Nebraska, 10,
1ssss werdt AGAINST Stewart Error.
Lencaster peeversed and remanded Jack
So 9 Division No. 2
Where by the terms of lease rent
Is reserved in share of the crops. the
landlord end tenant are tenants IN com
mon OF the growipg crops and IN such
case a nurchase of the real estate fran
the landlord during the term OF the lease.
trary. Is not entitled 80 NORTON NJ the
cron heIonoine tn the landlord witch had
been severed FROM tho realty prior to the
wrirh tho c~op WAS grown
'~'s. Broots AGAINST Stanley. Error.
Dawson. Affirmed. Jackson. c. Division
A single assignment az error covering
s seI,o, rumnss Of the trial court IN tho
curring at the trial and duly excented to
by the defendant as follows. as shown IN
consideration. especiallv whore Il appears,
as In this case. that Objections TO one or
more OF the, nuestions iuclrdAd IN the as
sirn-ent were properly overruled
1888. Holthaus against Adams County.
Appeal from Adams Affirmed. jackson,
The abandonment of property formerly
used exclusive for religious and educa-
tional purposes, with the intention OF
purposes, together with the fact that since
such Abandonment the property has not
been used for the purposes stated nor for
any other purpose that would exempt it
from taxation. renders such property liable
TO taxation from the time of such aban-
. A tax hist. made in conformity with
the provisions OF, the statute, is prima facie
evidence that levy of taxes was made by
the proper authorities, and is conclusive
as against a claim Of irregularities in max
ing such leyies.
s. The provisions of the revenue law OF
1908, changing the method of procedure in
the enforcement Of the collection OF taxes,
delinquent prior to the time such revenue
law went into effect.
1884: Heaton against Wlreman. Appeal
from sheridan. Affirmed, Ames, c. Divis-
One in the lawful and peaceful pos
session OF real estate. especially II IL be
his dwelling. may restrain repeated and
riotous acts Of invasion and trespass until
the title and right of possession can be
settled IN some regular and orderly way.
1885. Hubler against Johnson McLain
CO. Error, Dauglas Affirmed Albert, G.
In an action for personal i1jari4s.
where the plaintiff is charged with con-
tributory negligence, evidence of an I'M
which caused the injuries is immateriai,
where Il appears that he might have
safety required him TO know the truth
. Evidence examined and held; That a
motion TO direct a verdict against the
plalntin was properly sustained.
1887. Bevard against Lincoln Traction
Letton. c. Division No. /.
In order to render street railway
company liable for injuries received by a
person travelling upon one of its cars. the
IN concurrence with the negligence oil
wrongful act Of other persons must be
The wrongful act OF a STRANGER is mol
sutticient TO make Il liable unless II might
reasonably have been foreseen and guarded
t%NS Eager against Eager. Appeal from
Douglas. Reversed. Dufie. c. Division
The district court is a court of general
Jurisdiction and may send its original
process. to any part Of the state unless re.
stricted therein by statute.
2. Section of chapter XIV OF the stat.
utes OF 1903 confefs jurisdiction upon the
district court to. hear and determine Al
action for divorce in any county in the
state where the parties, or one of them
g. Where the PLAINTIFF resides in on,
county and the defendant I'm another
summons ray Issue from the county wher,
the PLAINTIFF resides and the action Il
state where the defendant resides
:. BY sections zoe and 900 Of the Code o.
IS taken out OF the general pr provisions nS'o q
the code for the prosecution of rothel
actions therein mentioned,
asai-st BuchieE Error from Lancaster
Affirmed. Oldham, c. Division No. l.
Where notice of an injury Is re
ceived by All accident insurance compan,
and the company acts upon such notice. {
u tnmqterial as to what relationship ex
isted between, the sender OF the notice anS
either the assured or the beneficiary.
>. Where the conditions OF an insuranci
upon blanks furnished by the COMPANY
within thirty days OF the injury and tn
company. with knowledge OF the injury
nee1ects to furnish such blanks within tn
time specified, such conduct on the par
Of the company Ia a waiver OF the con
dillon as to time.
1884 Hart against Saunders Appea
from Douglass. Reversed with instructions
Ames, c. Division No. 1.
The construction OF an ambiguous dee,
is ascertained from the language use,
and from a consideration of the situation
and circumstances OF the transaction o
issA clifford against Thur Error from
Brown Aflirmed. DUNE G. Division No
An amended petition setting up a new
cause OF action which is barred when TN
amended petition Is hled. Is vulnerable L
demurrer. Buerstetta against Bank, 8
Nebraska, 30.
One seeking to redeem from a fore
closure sale based on a tax lien mus
bring his action therefor within two year
from the date OF the tax sale.
B. notice by publication was sdireete
10 The Globe Investment company" tn
true name OF the corporation being "Glob
ance was 50 slight as 20 be immateriaI
T. The same notice was directed, to "H
A. Wyman. receiver of the Globe Invest
ment cOmpany.h WymaniS trte name hair,