Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-04
SUPREME COURT sYLLABI

fault decree upon constructive service has
9seR TSRSerfS ,seeo N 'I i un 10 o
Cohbey's Annotated Statutes, ls0Sl Is not
entitled as 2 matter Of right to have the
der the provisions OF section 81 OF the code
or under the general equity powers OF the
. The provisions OF the statute granting
the land owner the right to object TO the
confirmation Of sale and defining the
grounds Of objection AFFORD him an oppor-
tunlty to have the question Of the validity
OF the tax determined before he Il de-
prived OF his property, but he may be re-
for to litgate that question.
1873. Barber against State. Error from
/ Where the regular panel Of the petit
jury has been discharged Il II not error in
a criminal case TO summon a new jury
q Neb., U.s. followed % '''' D'''s' ''''
2. Under the circumstances OF this case
an instruction TO the. effect that III any
| witness for the state has willfully testified
falsely as to any material fact In the case
| testimony Of such witness unless eorrobo-
rated by the evidence" was proper. and u
| ants request. Tltterinton against State,
| - Neb.. -. n. w. -, followed.
| disagreement OF witnesses in minor points
| does not necessarily initiate against the
candor Of any Of them. approved i9 Davis
! 1879. First National Bank OF, Platte;
| mouth against Gibson. Error and appeal
! from Cass. On rehearing former judgment
vacated; reversed and remanded sedg-
/. point necessarily determined by this
| court upon appeal becomes the law OF the
/ case, and ordinarily will not be departed
| from in the further course OF the litigation,
unless clearly wrong so that II cannot he
/ supported upon reason or authority.
| 2. When a petition Is held by this court
general ' demurrer this ruling becomes the
! law Of the case and will be adhered TO
upon second appeal u the he's cause ns,n has
specific objection TO the sufheiency OF the
| petition.
s. When conveyance OF real estate IL
| set aside as fraudulent at the suit OF a
! creditor and the land subjected 10 the lien
/ OF his Judgment and is insufficient to pay
| the Judgment such fraudulent grantee may.
| In proper proceedings, be compelled to
| apply upon the Judgment the rents and
/ profits OF the land which accrued while
the land was in his possession under the
fraudulent conveyance
| L. While an issue is being litigated In the
courts the statute OF limitations will not
| run in favor of of the parties. to the
litigation and against the other as TO any
claim depending upon the result OF that
1905. Reed against state. Error from
| Douglas. Affirmed. Barnes, j. Sedgwick,
c. j., dissenting separately.
l. The main purpose Of the requirement
on the information In a criminal action Is
to convey to the accused the Information
| knowledge of the Identity of the witnesses
]
although a witness Is designated on the In
1 formation by the wrong Christian name II
the accused Is not misled thereby, and Is
aware Of the identity of the witness, such
mistake affords no ground for the exclusion
OF his evidence.
2 Where an objection to a question pro-
pounded to "A witness is sustained, and the
testimony sought TO be elected by such
question Is brought out by the one succeed
ing IT, such ruling II erroneous is error
B. insanity cannot be proved by hearsay
] oF n m md &c 10 do
such evidence.
Z. The rule permitting non-expert Wit
nesses to testify as to the sanity or In
sanity OF one whose legal accountability is
the sole matter in Issue does not allow such
witnesses 70 testify that at certain date
right and wrong of the act at that time
committed by him. schults Y. State, 81 Neb
4S1.
S. 1t is not the true method OF constituting
instructions to select detached portions
thereof and consider them as Independent
correct rule of construction Is that all that
is said In tbs. entire charge upon any one
II when so construed II is not Inconsistent
as whole and states the law correctly, no
valid assignment OF error can be predicated
; s. seif-defense is extended to the defense
OF the person and of the domicile, and an
instruction which correctly defines the sle-
J ments of such defense is sufficient charge
on that subject.
T. The opinions OF non-expert witnesses on
the question OF the insanity OF one charged
with a criminal offenBe, are entitled to little
= or no regard unless supported by good rea-
sons founded on facts which warrant them.
From such opinions and the facts stated "a
support them Il is the. province OF the
jury to draw their conclusions to the
sanity or insanity OF the defendant.
g. An instruction in this cane by which
! the jury were told that II they believed
. from the evidence that the deceased and
the accused we're engaged in scufie, and
while so engaged tho revolver was acct
dentally discharged and thus inflicted the
: D wounds which caused her death they
. should ind the defendant not guilty; held
to be as favorable TO the defendant on thai
, question as the evidence warranted.
3. Where the court on his own motion
; has correctly instructed the jury on all the
] Issues presented by the record and evidence
! in criminal case, it is not error to refus,
to give Instructions requested by the de-
! PENDANT.
! 10 Where, by a supplemental motion foi
a new trial, the competency of a juror. OF
, account of an alleged bodily infirmity
sm nS u dnf to disability is PVT in issue
l. competent evidence introduced before the
, trial court, the finding Of the fact on tina
. question VIII not be set aside by a court Of
. ] review, unless II Ia unsupported ~ the eV
idence and is clearly wrong
u In criminal action where. after tria
and conviction, the competency of q juro
). Is challenged for the first time on IN,
l. ground that he has been convicted OF
d Tertiary. the fact that counsel for the ac
IS cused failed TO examine the Juror and as
y certain his incompetency in that respect
= fun opportunity therefore having been ac
L corded him, will amount 10 a waiver .
such objection.
.it3s0. Shoemaker against Commercial
= Union Assurance Company. Appeal frou
Lancaster. Reversed and reInanded. A.
bert. G. Division No. 2.
- l. Where the jury is instructed that IN
plaintiff is required 20 establish a certain
% fact in order to entitle her TO a verde
and there n no evidence tending To esta b
% lish that fact verdict In her favor will b
set aside.
>. Where the plaintiff pleads payment o
an insurance premium and the court IN
structs the jury that such payment mus
70 be established by The evidence TO entitl
the plaintiff to a verdict the Requirement
90 Is not satisfied by evidence tending to es
tablish a waiver or postponement Of IA
time of payment.
ii g. II Is not every admission or declare
ton Of an agent that Is binding on nj
80 principal. The general rule IT, that IN
principal Is not bound by such admission
or declarations unless they are made durin
! the transaction OF business by the agen
for The principal ana within the scope q
1 the agency.
T. Evidence examined and held insum
10 Client 20 sustain the verdict.
i4i36 The City Of Lincoln against Iincol
I Street Railway Company. Appeal froi
Lancaster Affirmed In all things exceT
as TO tho description OF property; as 20 sal
Ol matter, reminded with directions Barne
j.
100 ]. motion for continuance Is directe
20 the sound legal discretion OF the ri;
cotfrf and its depfafon theraon tgill NOT 4