Omaha daily bee., 1907-01-19
SUPREME COURT SYLLABI.

1S9Os. Union Pacific Railroad company
against Westlund. Error, Dawson. On re-
hearing, reversed and remanded. Sedgwtck,
144S2. State against Several Parcels of
Land (GranD. Appeal from Douglas. AT
ftrmed. Ames, c., Division No. l.
A purchaser at judicial sale at which
certain apparent liens have been duly Ger
titled and deducted in the appraisement, is
a purchaser subject to such liens and oi Is
ton, to dispute their validity, and this rule
is equally applicable to the judgment plain
supposed liens are in fact void is not, with
out more, a waiver OF the estoppel.
1895. Leyda against Reavis. Appeal from
Riehardson; Affirmed Epperson' e. d.
/. In an action to subject trust fund to
the payment OF services rendered II Is NEG
the trust fund. but that some amount re-
mains due for such services.
from brown. Affirmed. EppersOn. G. d.
i. In an action for damages to growing
struction of the trees had on the value of
the land, Is admissible when the nature of
the trees destroyed is such that they have
no value except with reference to and as
a part of the real estate.
2. 1t is discretionary with the trial court
to permit the Jury to view property which
8. Evidence examined and held that the
damages awarded were not excessive.
Union Assurance Company. Appeal from
Douglas. Affirmed. Ames, c. Division
i. Husband and wife have each and both
q pecuniary and insurable interest in all
articles comprised in the furniture OF their
household, or when are necessary or con
tenance of their domestic relation, regard
less of whose money paid for them or by
what means or from what sources they
z When an insurance company consents
In writing to an assignment OF a policy
of FIRE insurance without restriction or
Limitation with reference to the purposes
OF the assignment or the extent OF the
interest assignee, whieh th Is IN tbs ot absoTte
or entire interest or rights OF the insured
under the contract, and when, after a loss
been made, the rights and interests OF the
insured are brought to the knowledge or
the company, they cannot be deIeated OF
and attempted satisfaction between the lat
ter and the assignee without the consent oil
When there is no fraud, accident or
mistake as to the description or ownership
of property or articles INTENDED 70 pc
person intended to be insured and who
pays the premium is in fact the owner OF
the same or has ts an i bS what name he
is designated in the policy.
1903 Nicholson against the City OF South
9 9Ts,s C. ABRRl SiaiO TrQ No. Douglas 'o
Section l07 OF chapter xvii of the ses-
sion laws of 1903, being section 100 OF Cob
bey's Annotated Statutes, 1903 does not
REQUIRE the presentation 10 tho city council
of a claim for damages for a personal in
street or sidewalk of the city and an appeal
from the action OF the council thereon
An original action may be maintained
therefor in the district court
2. II is not the plaintiffs knowledge OF
the defect I'm walk or street that pre-
cludes his recovery, but his want OF sue en-
view OF the danger. This Is usually a
question for the jury.
peal from Lancaster, Affirmed. Oldham
This court win take jurisdiction OF an
captions is fied with the transcript; but
II the Judgment OF the district court Is
one which might be supported o. eomPe-
ing on the pleadings, in the absence OF
bill OF exceptions containing the testimony,
we win presume that the Judgment Is sup
1855. Burson against Percy; Appeal from
Sioux. Affirmed. Ames, G. Division NO ];
. Evidence examined and found TO support
the findings and judgment Of the district
1855. Nelson against Schneider. Appeal
DUNE c. Division No. 2
4 The entry OF a judgment by a justice
teohnioaiiy exact. is suficient as against a
collateral attack II his docket entry, taken
as a whole. shows that ne reacheo and en-
tered q conclusion a fnal determination
OF the action then pending before him
FovsIer against Thomson. IS Heb.. SIS.
2 The plaintiff in replevin action can
not be held for conversion OF the property
taken on the writ pending a trial OF the
cause unless he has sold or otherwise APP
propriated the property, and such an action
wifi not lie after Judgment anding him
entitled 10 the possession on account or a
spsciaI ownership unless he has done some
act in relation 20 the property inconsistent
With the right conferred on him by the
iasa. Perry against Staple. Appeal from