Omaha daily bee., 1906-06-05

city power to issue its bonds for the pur-
pose Of raising funds with which 70 pro
construction VI which IL also provided TOR
In the same manner and as part of the
a At a special election there was sub.
mitted to the electors this question: Shall
the bonds Of the city IN the sum o. S0o KY
.o.t Of sSSns!rpetinS ore snEins, h9}S Sss,v
cost as follows: North 30 feet OF lot 49,
Armstrong; First addition. estimated
cost $4,000 For the purchase OF site and
the erection OF a nre engine house thereon
in the district lying north Of Willis ave-
nue. estimated cost Of $4,000.
Held. to contain but one proposition-to
4 An inscription on the ballot label OF
voting machine used In elections upon
questions may be abbreviated TO meet The
requirements OF the limited space The
inscription "Shall the city issue $4,000
FIRE engine house bonds 20 run twenty
OF the voting machines used at the election
In controversy, as an abbreviation OF the
Is SUFFICIENT statement of the question
5. a city election will not be annulled
by the courts because the city council
delegated to persons not members thereof
the ministerial duty of assisting the city
clerk In tabuiating the election returns
1884, Pemberton against Unknown Heirs
OF Pemberton Error, Washington Re
versed and remanded with directions. Old
ham, c. Division No. l.
l. A contract in writing for the adoption
of child, although ineffective as legal,
statutory adoption, may, upon proper
showing. be enforced IN equity.
q A written contract OF adoption, which
contains condition binding the foster
parents to make the child IAN equal heir
to his part OF our estate the same as ono
Of our children, may, upon proper show
ing, be specifically enforced against the
estate Of the deceased foster parent, who
has died intestate.
8. Kofka against Rosicky, q Nebr. S2S
followed and approved.
1885 Swlhart against Hansen. Error
Washington. Reversed and remanded with
instructions. Jackson, c. Division No 2.
dence of title but evidence of possession
is not sufficient, Of itself, to establish a
2. In hearing upon a remembrance
against granting a license for the sale OF
LIQUOR, a witness who testhes that the
and that he examined a list OF freehoiders
of village prepared by the county clork,
does not thereby qualify himself to testify
who the freeholders Of the village are.
1889 Hauber against Deibold Error,
otoe. Reversed and remanded. Albert G.
i A party is entitled to have the Jury
instructed with reference TO his theory OF
the case, when such theory L. presented
and supported by competent evidence
?. In order to make a valid contract, the
minds of the parties must meet, and II one
mind is so weak, unsound or diseased that
the nature and Quality Of the act to S'p be
performed. or its consequences, he IL in
competent to make a valid contract,
whether such state Of his mind be the
result of sickness, accident or voluntary
intoxicetion. johnson against Harmon. "a
14T5. In the matter OF the application Of
William A. Simmons for writ of habeas
corpus. Original. Writ allowed and re-
lator DISCHARGED sedgwick, c. J.
/. The statute providing for the commit
ment of inebriates to the State Hospital
ffor the Insane requires that an application
"in the nature of an Information" be filed
with the commissioners OF insanity alleg-
ing that the person in whose behalf the
application is made is dipsomaniac or
inebriate and lt subject for treatment in
the hospital, There must be a hearing upon
the informal ton. and finding by the COM
missioners that the Information is true. A
commitment without such Information and
finding is void.
1886 Hargadlne against Omaha Bridge
and Terminal Railway Company. Appeal
Douglas. Affirmed Jackson c. Division
/. The determination of questions pre-
| sented TO this court in its review OF the
proceedings Of an inferior tribunal becomt
the law of the case and ordinarily viii
| not be re-examined in a subsequent review
Of the proceedings OF the inferior tribunal
Omaha LIZ Association against Katten.
bach, % Neb. $50; rs N. W. S6;,
| Z. Inc evidence examined ana nelu u
| Justify the trial court in directing verdict
| for the defendant
1883 Rohrbough against Douglas County
Appeal, Douglas. Affirmed. Oldham, G.
z Division No. l. q 1~ ' ~t
l. A commercial college. teaching such
| branches as arithmetic, reading, penman
| ship, spelling, bookkeeping, geography
| history, etc. is school within the mean
Ing Of section 49, chapter n, Compiled stat
utes of Nebraska.
| 2. In assessing property for taxation
! which is used partly for school purposes
taxation, the value of the part Of the prop
erty used exclusively for school purposes
| should be deducted from the total value o.
the entire property.
1869. Van Dorm Iron Works against
State. Appeal, Lancaster. Affirmed. Al
An appropria ton by the legislature o
$4,000 for ''24O steel cells and sewerage
for the penitentiary does not necessaril,
require that sewerage must be put in al
| cells contracted for, but Dawes a discretion
In the Board of Public Lands and Build
lngs, so that a contract to construct tn
240 cells will not be held void, because
provides that six of such cells may be with
| out sewerage.
/ 1852 Western Union Telegraph Compan
| against County OF Douglas Appeal, Doug
las. Reversed and dismissed Ames,
| Division No. /.
l. An action in equity will not lie whe
the plaintiff has plain, adequate an
speedy remedy at law.
2 The statute affords a plain adequat
| and speedy remedy to one whose propert
has been excessively valued for taxatio
and in cases in which the County Boar
! Of Equalization has committed preJudicii
errors or Irregularities in procedure.
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