Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-19
HAYDEN BROS.

president pro TEN of such city council to
preside over the meetings OF that body
and appoint its standing committees, where
that duty is neither enjoined upon him by
statute nor by ordinance.
The following opinions were filed on April
5, 1906
1880 johnson against Hayward. Appeal,
Howard. On rehearing former opinion adj
hered to. Duffie, c. Division No. 2
l. a broker whose undertaking merely is
to find a purchaser at a price fixed by the
seller, or at a price which shall be satisfac-
tory TO the seller when, he and the pur-
chaser meet, is in reality only middleman
whose duty is performed when the buyer
and seller are brought together.
1855 Lancaster County against State. En-
rOr, Lancaster. On Tehearing former judg-
ment adhered to. Sedgwick, c. j.
!. II one having claim against the state
the legislature or one branch thereof, the
statute of limitations will not begin to run
against an action on such claim until such
leave to sue the state has been given.
2. State taxes i'm the hands Of n county
treasurer are the property of the state, and
il lost without fault of the county the
county is not liable to the state therefor.
3. II money belonging to the state in the
hands OF county treasurer is by him de-
posted in a bank that has been designated
as a depository of county funds. and is lost
by failure of the bank, II is not the duty
of the treasurer to use the money of the
county to make good the loss to the state,
and his action in doing so without authority
from the county board Will not estop the
county to recover the money from the state.
Error, Lancaster. Reversed and remanded.
Jackson, c. Division No. ?.
!. A contract will be treated as abandoned
where the acts of one party, inconsistent
with its existence, are acquiesced in by the
other.
I Clay. Affirmed. Letton. ].
| !. Where the only ground alleged for the
! issuance OF an attachment Is that the de-
| PENDANT is a nonresident he Is not entitled
to make special appearance or to answer,
alta cking the jurisdiction of the court upon
| the sole ground that he is not the owner OF
| the property seized under the writ.
! ihed
with directions to dismiss plaintiffs petit
| ton. Oldham, c. Division No. !.
! /. surety on a waste bond given TO sill
/ persede an order of confirmation OF sale in
/ a foreclosure proceeding is not liable to the
mortgages, nor to the purchaser at the
! property pending the final confirmation Of
| the sale in the supreme court.
| 14ies, Petersen against Petersen. Appeal,
! Douglas. Affirmed. Ames, c. Division
! No. I.
/, When in an action by wife for
| divorce tho parties become reconciled and
resume marital relations before issue
| Joined, it is not error for the court to
! dismiss the suit at the instance OF the
plaintiff. and for temporary alimony, which
! the plaintiffs attorney is not entitled 10
revive. by means Of Intervention, and
/ prosecute for his own benefit
lEi7E Lancaster county against Brown.
Error Lancaster Affirmed. Ames, c.
| Division No. l.
! l. on an appeal by p property owner
J from a county board OF equalization to
/ the district court this sole ground
| that his property has been valued for
| taxation at a sum I'm eXcessof It's real
value, the sole question to be triSd is
what was the actual value OF the prep
! erty in the market in the ordinary course
! of trade?t This question is to be tried
| in such a proceeding, in the same manner
| in which similar issues are tried in ordin'
| airy adversary actions between private
! persons, and evidence tending TO show at
/ what sums other similar property I'm the
! neighborhood had been valued for taxation,
| in the same year, by the assessor and his
I assistants and by the county board Of
equalization. is incompetent and i'm
J iHsO Willis against Willis. Appeal
I Harlan. on motion, 500 allowed appellee
| for attorneys fees In this court. Albert
| c Division No. ?.
| lnS The United States Fidelity and
1 Guaranty company against Mclaughlin.
! Error Lancaster. Affirmed. Epperson, c.
!. A bond Sd given for the faithful dis
charge Of the duties Of one legally en-
! trusted with state and county funds II
/ an official bond, and the statutory pro-
] visions relative thereto enter into ana be-
] come a part Of the contract.
/ 1922. KannOw & Sons against Farmers
| Cooperative shipping Association. Error,
/ Harlan. Affirmed. Dufher c. Division
/. The contract upon which suit was
/ brought described the plaintiff as Farmers
| Cooperative Shipping Association Of Alma,
Neb.. It's true name being Farmers Co.