Omaha daily bee., 1906-05-20
SUPREME COURT SYLLGBl

o, ASIS s. y. Mercer CO. against city of
- aaa. appeal, Douglas. Affirmed Ames.
]. The rule is well settled. both in this
&c az. S. anu eIeswhere, that Judgment Is
az siv esit I only as to those matters setu-
the action IN which 1t is rendered ''eu Ia
y Section l6 of the code of civil pro-
v tte e applicable to ordinary civil ac-
3; The Omaha charter Of 1887 contained
sulISItht authOrtty for the releVy Of a
st pttSI,I on a special assessment which was
attempted to be levied under a former act
Cedure. az p'N
1893, School district No. II against Cow
gill Appeal, Phelps Affirmed Emerson.
C., department No. l.
L. The title to public Offices, and the
Tleht TO exercise the functions thereof by
persons claiming title thereto BY election.
can can not be determined in an action for in
q An injunction suit cannot h. main
salneo TO restrain the teaching Of school
Dy a qualified teacher under a contract
s sitsned by de facto officers OF the school
1928 Irving against Bond. Appeal, Doug
ias' Anirmed Ames, c., department No. ].
debt In money or by the conveyance Of
property and voluntarily deprives himself
Of power to make the. conveyance, his
Opueauon TO pay cash becomes absolute.
1885. Peycke against Shlnn. Error
D iols as Affirmed. Jackson, c.. depart
/. A contract for potatoes in carload
iots al an agreed price per bushel for all
tlat may be loaded during the week, under
four car loads, is entire in the sense thai
Torrance.
2. The authority Of an agent may be
shown by the letters from his principle
and IT is a sufficient foundation for the In
foduction OF such letters in evidence TO
snow that they were received I'm due course
OF mail In answer to letters written by the
agent to the principal and duly mailed
20 the address Of the party sought to be
1871 Taylor against Hunter. Error.
Lancaster. Affirmed. Oldham, c.. Division
!. Where an examination of the pleadings
nled and the evidence offered in support
thereof shows that the party complaining
him than the law and the evidence war
ranted, we will not, at his request ex-
anime alleged errors of the trial court in
receiving testimony and in giving and re-
1876. Gathers against Hennings. Ap-
peal. Douglas. Affirmed. Ames, c.. Di-
1. 1t lie competent to embrace in one act
every detail of legislation connected with
or having direct reference to the subject
expressed in the title.
2. In an act Incorporating a certain class
OF cities and prescribing and regulating
their duties, powers and government, It
is competent to enact that the treasurer
Of the county in which the only city Of
that class is situated shall be ex-offico
treasurer or the city.
1883 In re applca ton of f. A. Butler ct
al, for a writ Of habeas corpus. Original
Writ Of habeas corpus allowed. Petition
ers discharged from cusody. Barnes, j.
/. In the taking of dispositions notaries
public are not exercising judicial func-
lions and do not constitute a law court
Their powers are derived solely from the
statute. Courtney against Knox, 81 Neb (,
652.
3 Where a witness fails to attend be-
fore notary public in obedience to
subpoena issued by that officer, he may
be punished as for a contempt; but such
punishment can not exceed a fine of $50:
and the notary IL not authorized by statute
to commit the witness to the county jail
therefor.
1853 State ex rel. City OF Red Cloud
against Searle. Original. Peremptory writ
Of mandamus allowed. Barnes, j.
/. Cities of the second class and villages
in this state have the option to vote
bonds to the amount of per cent OF the
assessed valuation OF their taxable prop
erty. to establish heating or lighting
system, under the provisions of sections
1904 to SOS, inclusive, of Cobbey's An
notated Statutes, 1903, or limit the amount
OF such bonds to 2h per cent of such
valuation by proceeding under chapter So,
laws of 1906. .r. .-l
q Bonds designated electric light bonds.
to the amount of per cent Of such as
sessed valuation, which the record fairly
shows were voted and issued under the
provisions of the act Of 1903, held valid
and entitled TO re- lion.