Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-23

money due his client IN case IN which he \
is employed, and the act will bind his client /
unless the party paying Il had notice OF a I
revooatio Of the attorneys authority 20 /
act in the case. whether a city oficcr may /
bind the city by assigning his SALARY prior 4
to the issue OF a warrant therefor. was not .
discussed or determined By the court.
Dawes County loses Case.
An echo Of the two trials Of Charles Rus
soil Of Sioux county for the crime OF murder |
Is found In the decision OF the court IN the \
suit between Dawes and Sioux counties for 4
the costs OF one Of the trials. The second 1
trial took place in Dawes county on a
change Of venue and It sued Sioux county !
for the costs, and was successful in the
lower court. The supreme court has re-
vcrsed the case and recommends new
trial The court hold that the county
from which a change OF venue in q Grim
nal case Is taken Is liable 10 the county
In which the trial IL had only for the fees
Of such jurors of the regular panel as sat
upon the trial of the case and such add
tional jurors as were required 10 be In at
tendance on sccount Of the trial.
Supreme Court Proceedings.
Following was the proceedings IN the SUI
pieme court November 20, q and 2:
On recommendation of the. Bar. commits
sion j. Victor Romgh, X, W, McDonald,
Albert l.. Schnurr. Jesse =. Palmer, Harry
A. Dano and Lharles j. Anure were az
''I in motion Of r. o. McGrr, attorney
OF clay county, was admitted 10, practice
in this court.
Following are miscellaneous orders;
Baker Furniture Company against Hale;
! December 80, 1908, 10 serve and file briefs;
defendant allowed until January 30. 1907, TO
serve and file briefs Steger against Kosch;
/ tanned: cause continued to December Is,
/ 1905 County of Otoe against County Of
/ Lancaster; motion OF appellant for con-
cember IS, 1905. Miller against Farmers
Milling and Elevator Company motion OF
| continued until December 4, ly06. Enders
| against Friday; stipulation allowed; appel
/ liant allowed until November 10. 1905. to
serve and Me briefs. LANCE against Royal
/ Highla nders; motion Of plaintifi for con-
! tinuance sustained cause continued until
! December 4, 1905. Gibson against Cornell;
! appeal dismissed on motion OF appellant at
| appellants cost. Runkle against Weltyi
| Stipulation allowed: hearing on motion TO
case. In re. claim OF Peterson against Els
! tate of Bauer stipulation allowed; cause
| Transfer Company against Lancaster
! County; reargument. ordered before the
| court. State ex rel. Breltling & Go. against
Hollenbeek; hearing on motion to strike
continued to December I, 1906. Smith
/ against Bartlett; stipulation allowed
| cause submitted on briefs.
| Following are rulings upon miscellaneous
motions:
Mcfarland against Aitschuler: motion of
| appellant to recall mandate sustained so
as to recall mandate; in all other respects
moton Of pSeant 10 EstaS coTts oYeT
ruled. Wilde against StorZ Brewing Com
pany motion OF appellee TO retax costs
| Eaton; demurrer OF relator to amended
| answer overruied +. l.. Rain appointed
referee to take evidence and report same
1905 Runkie against wsity; motion of an.
pellee to dismiss passed until final submits
motion for PLAINTIFF for leave to file
SMm o,,n Psati9gn, , In sTTor sustained;
appellee to dismiss appeal submitted with
cause on merits Dickinson against Aid
rich; motion Of appellant TO consolidate
with Dickinson against Aldrich: No. 1885
sustained; cause advanced; appellants al
lowed thirty days to serve and file briefs.
walker against Ehresmah; motion of APP
pellees to quash biiln of exceptions sus-
tained. r-s, -
The following Opinions were filed:
Gordon against Omaha affirmed; Duff
fe., g. Thostesen against Dossee; affirmed:
against Peterson; on rehearing former opin-
lon approved as nodded; Barnes, j. First
National Bank Of Madison against School
remanded, with directions; Albert. C.,
Barnes, j.. not sitting. ,lClinebell against
Chicago, Burlington & Quincy Railroad
Company; reversed ana tsmanded; Old
ham, G, Samulons against Kearney Power
and Irrigation Company affirmed; Albert
G. Caproon against ,Mitcheli;s affirmed:
Dune. c. Merrinlsn, against Degree OF
J Honor; reversed and remanded; oldham
&c. Battles against Tyson; reversed and
remsnded;. Dune. c. Fox against Fox;
a7f1tirm9edii Jackson, 9; segesr, against
son, c. Carmack against ETdenbergeri
afnrmed; Albert. G. Farmers State Bank
Of Saronvllle against Sutton Mercantile
COMPANY: reversed and remanded Albert
G. First National Bank against Sutton
, Mercantile Company, reversed and re.
manded; Albert. C. Bahr against Msnke
reversed and remanded: Epperson, G
: GTothe against Lanej afirmed: jackson
| G. McCague against Eller afirTned
Ames,' G. Dawes Cochty against Slou,
J County; reversed and remanded; DUNE, (
Russell against State: reversed and re-
manded; SedgWick, c. J. ...
Following are rulings upon motions fot
! rehearlng:
{ Byron Reed Company against Klabunde
overruled. Seelev against Ritchey: allowed
Sieinkuhler against State; overruled