Omaha daily bee., 1906-07-14

l sale upon a decree or foreclosure OF oLuef
/ judicial scale, Is not answerable for the
general debts Of the corporation whose
I property and franchises are thus acquired.
] .. The right Of a township In this state
1 to maintain an action to recover the value
! OF bonds by the electors of the township
/ to aid in the construction OF a railroad
1888 Nealon against McGargill Appeal
/ Greeley. Affirmed. Albert, c. Division
/. Evidence examined and held. sufIicient
/ to sustain the decree Of the district court
2. Where the only parties affected OK al
will not be heard to complain,
1854 mcfarland against Altschuler. Ap-
peal Douglas, Judgment Of district court
/ modified. jackson, c. Division No. 2.
| In the absence Of an express agreement
to the contrary any pr0tessiS4 r,a service S.
/ yers should be presumed to be for the
/ benefit of the hrm.
Seward. Reversed and remanded. Upper
/ son, &. Division No. l.
When the amount Oh oanages , aMarG zee
! facts proven, the verdict should be set
1855 Sheppard against Bankers Union
/ of the World. Appeal, Douglas. Reversed
and remanded with directions Dufte, c.
| / The monthly assessments required from
! the members Of a benevolent society may
be increased when it is found that such
| increase is necessary to meet the needs
! of It's business honestly administered.
! 2. The constitution and bylaws OF
/ beneficial society provided tnAt on tne
death of a member the amount due on his
! certificate should be ascertained by de-
| Quoting from its face value the monthly
! aeso ssments from the death Of the member
! TO The expiration of the life expectancy Of
| such member with four per cent interest
/ thereon. The constitution and bylaws
/ monthly assessments to be collected but
providing that such increased assessments
! Thereafter Joining, the old members to
| continue to pay at the old rate and on
their death the increase over the old rate
| that the society had the right in settling
/ with the benefciaries of deceased mem
! Der, to deduct from the certificate the
| difference between the rate of the monthly
! assessments in force when the certincate
| was issued, and the increased rate proVldeu
/ by the amendment computed from the Tune
! when the new rate went into cftect up to
the date of the death of the member, OUT ,.
not for the balance OF the life expectancy
of such deceased member.
| 1887 Howard against Omaha WholesaIe
| Grocery company. appeal, Rousias' Al
Evidence examined and held, sufficient TO
| sustain finding of agency. .o,
1898. Mcdowell against Marley. , ApPeeaI,
Holt. Affirmed. Jackson, c. DIVISION
In an action to foreclose a real estate
iese and prove. as against the owner of
! the equity of redemption. that no proceeu-
ngs at law have been IN h 40 tGT or ths
! 1885 Herring against simon. ApPeistt,
Lancaster. Reversed and remanoe1 WIN
instructions. oldham c. DIVISION q MS; as
| costs against the successful htgaht III al
action at law; or In equity 49,. .-,al oourt
! In an action in equity, the uiSl cootts
has a sound discretion in taxing the cT S,t
Of the action TO the different litigants. put
| this discretion is subject TO review "heh
| unreasonable or arbitrarily exercised.
| 1895 Rownd against Hollenbeck- appeal
Hall Affirmed. Albert {. DIVISION On Sc CON I.
| ficting evidence in an action az law, VIII
not be disturbed on appeal unless mani
> Where by the terms Of contract Of
sale payment of the price Is TO preceoe
delivery of the goods, the repuolauon ~
| the contract on his part to be performed
will justify a rescssion OF the contract
Evidence examined, and held suf-
icient to sustain the findings of the trial
1885 Reed against Burrell. Appeal,
Frontier. Afirmed. Epperson. c. Division
When a government monument, being the
has been obliterated. its location may be
| proven by testimony of witnesses ac-
Far@ers and Merchants Irrigation
Company against United States Ffdelty
and Guaranty Company; Appeal Dawson
Affirmed. Jackson, c. Division No 2
Where a bonding company, with knowl;
edge of an informality in the execution OF
a, bond by its agent receives anu re ,t is
est est d. in "a an action on the bond from
urging such informality as defense.
Butler. Reversed and cause dismissed.
! Jackson, c. Division No. 2.
/. Continued possession by tenant is
! not such a part performance OF a verbal
contract for the purchase of land as to
| take the case out of the statute of frauds.
Possession, to have such an effect must be
North. 81 Neb. $50, 81 N w. S12
! 2. Evidence, examined and held not to
| support the decree of the trial court.
iA23. Moore against Niece. Appeal,
Sioux. Affirmed. Oldham, c. Division
Where lands constituting one body are
used as a single tract, ordinarily they may
for judicial sale be appraised together
Smith Bros LoaH S Nb TT n SHmRa69y a ys
1f 1854 State ex rel. Sumption against
Smith. Original. Writ denied. sedgwick'
! l. Repairs of county bridges contem-
plated by sections ia and ll5 chapter Is,
| compiled statutes are such as may be made
at once, and without considerable cost
2. The boundary line, between Colfax
! and Butler counties is the south bank Of
the Platte river which flows between those
counties. The bridge over the river between
these counties was rebuilt in 1904 at cost
of about SO 900; in the following spring, by
the movement of ice in the river, nearly
one-half of the bridge was carried away.
In an action of mandamus to compel the
supervisors of Colfax county TO repair the
bridge II is held that the action can not
be maintained without notice to both coun-
ties under section 49, chapter rs, compiled
statutes; and the counties must be Joined
In the action.
1902 Barber against village of Franklin.
Affirmed. Dufie c. Division No. 2.
The fact that the owner of unplatted
land, used exclusively for agricultural pur-
poses for some years, tacitly submitted TO
it's inclusion in the incorporated limits of a
town. does not estop him from proceeding
under the statute to have 1t disconnected
i44OS Gregory against village of Franklin.
Appeal, Franklin. Affirmed. Oldham, G.
i. A Judgment of the district court in a
proceeding, under the statute (Section 10l
chapter II OF the Compiled Statutes of 1909,
to detach territory from a municipal cor
poration. will not be impeached upon appeal
In the absence OF a showing that the trial
Judge committed an important mistake of
fact or made an erroneous inference of
fact or of law. Michaelson against village
of Tilden, Neb., 1Ol n. w 1926, followed and
approved.
il4ll Taylor against Hover. Appeal
SaTpy. Affirmed Dufie. Q. Division No, 2
Instructions defining adverse possession
examined and held not prejudicial to the
defendant.
1873. Moore against Flack. Appeal,
Kearney. Affirmed. Oldham c. Divi-
sion No. 1.
/ Evidence examined and held insufIi-
cient to show a common law marriage be-
tween plaintiffs mother and the deceased.
2. writing. to constitute an acknowl-
edgment of paternity within the proV-
sions OF section 81, chapter xiii, Compiled
Statutes, must be one In which the pa
| ternity is directly unequivocally and un-
questionably acknowledged. Lind against
I Nj. w oil nd aFNFNr1 NFan