Omaha daily bee., 1908-07-18

are in part for messages over lines lying
IN part beyond the city limits doe noe
inValaste me y y ~ O"0n @"' -
ibsia Howell sgaInst sheldon. Appeal
from Hail Reversed and cause dismissed.
Under the statute pgevidips that the
soldiers and Sailors Home shall be un-
der sDd the ,S ssaT RSnS a. sne tSst such tpSoSsrrSi
shall adopt such regulations as they may
deem expedisnt for the proper nsnage-
regulations from time 90 time az they
may deem hest" that the management OF
and I'M that "tSey shall prescribe rules OF
admission 20 said home In accordance with
the provisions and objects OF THIS sc.i
present or future members OF the home
who receive pensions in excess OF 81 per
mons4 e for pay me SSs spSfn' 81 the nome. Is
within the discretionary power OF tue
board in the management OF the u1SfIfuii
discretion as would warrant a court "
interfering with the legally constituted
authorities In charge OF the home.
1855. clark against Sisters OF tho So
ciety Of the Holy Child Jesus. ArEeal
from Lancaster. Affirmed putfle. c
i. IT is a general rule that where prop
erty is conveyed directly TO n corporation
to hold for use In the purpose So Tor rps W"t for
the benefit OF others arises, even lhough
the conveyance contains n condltlon al
recting the use of the property IN a cef-
| tain manner from which third parties may
| be benefited One cannot be a trustee OF
property and IA beneficiary at the same
,. f conveyed certain real property TO
one of the defendants, a religious soSietS'
incorporated for the purpose OF estaollsh-
ing and conducting a convent sChoul ine
deed contained a condition 'thst w
grantee herein hereby agrees 10 tcaeh We
| parochial school children (whose parents
: are known to be unable TO pay) IreS o
/ that Ia casa Of fnllmFp 10 teach lne tllfA-
dren above referred 20 free of charge. OF
to use the property for convent SSnVVi
be diverted 20 any other use, then the
property should revert to ana be the PROP
s t9 his of heirs sas srf HefG, Il that n'i said ' con3eySnee
did not create a trust for the .benetit OF
third parties. but was a gift OF me b'Ptppoo
purposes for which It was. created upon
conditions subsequent and thai uroh tso
grantee IL reverted 70 the heirs Of F, he
having died in the meantime.
1b64O. 1854. 1862 15643 The state of
cells of Land and Robert Smith, ApEe9l
from Douglas. 1564o, affirmed iSGAl'
l. The clerk of the district court IS au-
thorized by law. and IT is his duty whch
the statutes provide a fee for any serElee
required of him as such officer, 10 cpIlest
or secure the payment of -nS anne IN. 40
vance Of It's performance And tn's 10y
has an interest therein and - himself as
n nrotection AGAINST enforced payment 20
the county treasurer of fees earned oE
q The question whether that officer IS
TO be held liable as an insurer OF the sol
lection of his fees, or is only required 10
exercise due diligence in that matter not
decided.
for the performance of an official duty.
such as keeping a record Of the formal
proceedings and orders of the COURT inc
ized to charge a fee for performing such
duty, and may be compelled to, perform
, such services without compensation oJhet
than the salary allowed him by law.
4. The district court cannot compel ltH
/, clerk to record a Judgment or decree, on
, its journal or make n complete record III
a case finally disposed Of without pay
ment of his fees therefor in advance, on
= the giving OF proper s tSe psyrf ornIsree Of
/, the service. .
. 1895. Platte Valley Milling Company
= against Malmsten. Appeal from Dawson
on rehearing former opinion as modified
I adhered TO. Barnes, c.. j,
= ]. The tax list in the hands Of the county
treasurer will authorize him to receive an'
collect the taxes described therein; but L
n invest him with jurisdiction 90 seize per
sonal property for the satIsfaeu9n or Gp
q warrant provided for by statute must b.
e attached to such list. j.
2. Until such & warrant is attached t
70 the tax list there exists no enforceable lel
for the payment of the taxes against tn
n personal property of n tax debtor.
Isl 3. A purchaser VI ptlsuhdl l'pI'iNs "'N.
10 mortgage sale, before the tax lien has AT
tachcd, takes it free of all claims for tn
f. taxes.
. l5ol6. wetherell against Adams. Appea
in Merrick. On motion for rehearing, motto
denied. Epperson, c. Division No. J.
Where the validity OF a certain deed wa
IA the sole issue tried in an action quia time
IN a decree of the court that the title TO sal
ID premises be forever quieted in said plair
tiff" will not bar defendants from %assertin
rights to possession or title acquired b
ne virtue of other contracts.
r. 1000, Tarnow against Carmichael, Al
ra neal Jefferson. Reversed and remandc
ne Epperson, c. Division No. J..
l. A grantee in a. executory contra
In for the sale and purchase of real estat
1g refused upon the maturity of the contra
or 10 perform 1T, unless the grantor promise
e. to procure for him the outstanding ut
ar or rematdermen. in an entirely separa
~ tract of land, and the grantor made sue