Omaha daily bee., 1905-07-01
SUPREME COURT SYLLABl

1854 State Electro Medical Institute
against Platner Error from Douglas. Re.
| versed and remanded. Sedgwick, j. Barnes.
| j., dissenting.
The contracts of a corporation to fur
| nish the services of qualified and licensed
physicians, members of the corporation or
not prohibited by the statute nor against
| public policy and the corporation may re-
duly quaiifed and licensed physicians fur
| nished pursuant to such contracts.
1874. Bankers Union. of the World
versed and NT remahdeG feGr S sedRwicR. Rusa' j. e
l. An untrue representation in an appli-
| cation for insurance will not vitiate the
| 1t might have been an inducement to is
! sue the policy. IL it appears from the
whole record that the representation could
| not have been relied upon by the insurer
| II will be disregarded.
2. 1t is. competent for the insured to
waive all claim under the policy in case
| of death resulting from smallpox and to
| make such waiver binding upon the bene-
| that purpose expressed in the application.
| 1874 Farley against Mcbride. Error
! from Cass. Affirmed. Detton, c. Division
! l. In the manner in which a public Off
! Ger conducted the duties of his office is
| far subject for comment by the press
! when he is a candidate eor reelection and
! newspaper is justified in calling the at
! tention of the public to Illegal charges
made by him as reason why he should
|
| q Where a newspaper states in substance
| that the sheriff of the county who is
| candidate for reelection had obtained
! from the county certain sum Of money
| upon false and Imaginary account for
expense which he had never incurred this
| Is a charge of moral turpitude and dishon-
| esty, and If false, is libelous per Sc.
1871 Chicago and Northwestern Railway
! Company against state ex rel. Carr Err
| ror from Holt. Reversed and dismissed.
| Ames, G. Division No. l.
| l. Railway companies, in the absence OF
statutory sta iSy provisions limiting and restrict, .
| broad discretion in the matter of locat-
ing. constructing and operating their rail:
| ways, and in locating, maintaining and
| discontinuing their freight and passenger
| stations, and with the exercise of such
discretion the courts will not interfere ex-
| cept in cases of its abuse.
2. 1t is not abuse of discretion for a
| railway company to discontinue, under the
! circumstances Of this case, the employ
ment of station agent at a country place
nearly equally distant and not more than
| FIVE to seven miles; from three thriving
maintained and where are carried on the
mercantile, mechanical and professional
businesses usually found in such towns.
1890. Stroemer against VanOrsdel Error
from Gage. Affirmed. Albert, C. Division
No. q
/. contract between an attorney and
client for services to be rendered by the
former is not necessarily invalid because a
part of the services to be rendered is the
procurement of legislative action, nor be-
cause such contract provides for a contin-
gent fee. Richardson V. Scott's Bluff Co.,
80 Neb., 400 modified.
Q Such contract will he enforced unless Il
appears that it contemplates the use of un-
lawful or improper means. or that such
to attain the object for which the contract
was made.
forcement u; r Of % an Illegal or immoral INN al con- on
tract, it is equally inslstent on the enforce
ment of contracts which are lawful and
contravene none OF its rules
1SS0l Rosenberg against Sprecher. Error
from Coifax Reversed S and remanded'
l. Where a tenant holds over his term the
law presumes continuation of his original
tenancy for another like term, but this pre-
sumption is not conclusive.
2 To sustain an action for the use and |
occupation of real estate the relation OF |
landlord and tenant must exist between the |
parties by agreement, either express or i'm |
piled.
g. Where a tenant holds over his term |
the landlord has the option to treat him as !
a tresDasser or as a tenant for new |
term, and the exercise of that right by the !
landlord is conclusive against him and he
cannot impose new terms upon the tenant
4. The instructions given by the court in
this case examined and held not to con-
form to the issues and erroneous.
1892, Hair against Davenport. Appeal |
from CofaX. Reversed and remanded. |
Duffie. c. Division No. @
J. One who purchases land with the bona
tide intention OF maxine making 1T his bone and
that those dealing with it or with him re-
lating to 1t are put upon notice, may thus
impress 1t with homestead character, al
though because of some intervening OBJ
struction he does not take immediate ac-
tuaI possession thereof If he occupies it
with his family within a reasonable time
after the purchase.
2. - person cannot at the same time have
two homesteads nor can he have two places
either of which at his election he may
claim as his homestead.
8. The head of a family who has home
stead cannot acquire a second homestead
until the first has been abandoned or con-
veyed or contracted to be conveyed by an
legal and valid for that purpose.
1897. City Of Omaha against Lewis.
Error from Douglas, Affirmed. Jackson, c.
Division No. 2,
The evidence examined and held suf-
cient to Justify the submission of the case
to the jury.
Error, sherman. Affirmed. Albert c.
One testifying as an expert on a subject
requiring special knowledge and skill, in
the absence of a special contract, is en-
titled only to the statutory fee.
1888. West against Lungren. Error, An
telope. Affirmed. Oldham, C. Division /
/. A tenancy from year to year will be
presumed, when a tenant remains in pos
and his tenancy is recognized by the land
lord. Crtchfeld against Remaley, p Ne
braska IFS, followed and approved.
2. This rule is, however, oniy rule OF |
presumption, and the presumption Is re-
butted by proof of a different agreement, |
or of facts inconsistent with the presump