Omaha daily bee., 1908-11-22

sell and convey the real estate OF the corr
poraton.
1914. scandinavian Mutual Aid a~ssoSa-
ton against Kearney county. Appeal Gus
ter. on motion Tor rehearing. Motion over
The revenue law Of this state. which
permits under the Interpretation OF this
court a tsXPsyer to deduct his BONA Tide tide
nict with section l, article TX, Of the con-
stitution.
l5ig9. walker against Burtiess. Appeal.
Red Willow. on motion for rehearlng, judy
ment Of district court modified. Motion for
rehearing ovcrruled. Fawcett, c. Division
II the consideration Of a record Of the
district court does not require the m
ton of any issue OF fact, or error Of law
occurring at the trial which could only bo
preserved BY a bill of exceptions, a motion
Tor a new trial Is not a condition precedent
TO a review of that record in this court.
15222 state ex rel Mabin against Joer.
Appeal, Box Butte. Reversed and re-
manded. Good, c. Division No l.
brought tn to e tSrDh the fs r SSo wSr TisSts;
OF the relator and respondent to an cleo
tive public office, IL is not necessary that
relator should state In the that
he received the highest number Of votes
cast for any candidate for the office. II
is sufficient In that respect II facts are
conclusion may be drawn.
lSsls; City OF, Chadron against Dawes
county. Appeal from Dawes. Affirmed.
l. Citiee of the second class and villages
were road districts, within the meaning OF
section Is of the road law as II existed
prior to the amendment OF 1901, and as
SUCH were, except where otherwise pro-
vided, entitled to one-half Of the moneys
arising from the road tax levied by the
county commissioners upon the property
situated within their limits.
:, And where a county has collected a
road tax levied upon property within the
limits OF such a city or village, Il holds
one,half OF the amount so. collected as a
tinuing duty to pay the same over to such
city or village.
3. In such a case, as between the county
hold such collections in its own right, but
the possession of the one is the possession
OF the other. The possession of the county
is .precarious, and not amino domlni, and
being trustee, Il cannot acquire the trust
fund by lapse of time.
T. And in such a case. where the county
appropriates that portion OF the road tax
which should be paid to said city or VIII
II thereby becomes liable TO such city or
village for the amount so appropriated,
and may be proceeded against directly; and
the fact that the county treasurer and his
immaterial.
1925. Reimers against Merrick County.
Appeal from Merrick. Affirmed. Root, c.
Division No. 2.
on an appeal to the district court from the
said court is Without Jurisdiction to con.
slider any questions other than those pre-
sented to said board.
1899. State Life Insurance company
against Bolton. Appeal. Colfax, Affirmed.
Calkins, c.. Division No. @
In an action upon a note executed at
the maturity of the second premium on a
life insurance policy In payment OF such
obtained by fraud is not sustained by evil
dence that the policy issued and accepted
by defendant is less favorable to him than
the agent taking the application represented
It would be.
1884. Douglass against Hayes County. APP
peal from Hayes: Reversed and remanded.
/. In redeeming from a judicial sale Of
land made for delinquent taxes. the pur-
chaser is entitled to receive the amount
bid at the sale with interest.
2. Redemption from such a sale must be
made or offered within two years from the
SeIe e te Be r made, the FelT party 20 WISHING GsiIm r to
redeem should tender the purchaser the
amount necessary therefor, unless the pur-
chaser by his conduct valves a formal
tender.
8. A formal tender is waived by the re-
fusal Of the purchaser to receive anything
less than an amount which is larger than
that to which he is entitled.
4. II the purchaser refuses to allow re-
demption to be made on legal terms, q
cause Of action for that purpose arises In
favor Of the owner or party interested.
any time before being barred by the gem
eral statute Of limitations
&. The owner of real estate who conveys
the same by deed of general warranty,
after a sale thereof for delinquent taxes.
has such an interest in the land as entities
him TO TeOeem from the lax Sdlt.
1895. Gallon against City Savings bank.
Appeal. douglas Reversed and remanded.
Duffie, c.. Division No. 1.
l. The Omaha Loan and Trust company
Savings bank by an amendment to its ar
ticles of Incorporation changed its name
0 to the "City Savings bank the then stock
holders sold their stock to other parties,
who surrendered the same and obtained
new certificates of stock. The business was
therofter continued under a newly ap-
pointed set of officers, the management OF
A the institution being entirely changed. Held
/ that such change did not change the legal
entity OF the corporation.
/. z A mortgagor of certain real estate ex.
! ecuted an assignment of the rents and
r profits arising therefrom to the mortgage
: a corporation. The writing evidencing sucf
assignment contained the clause following
Giving and granting to the Omaha Loar
J. and Trust company Savings bank full ant
complete, authority and control or saiC
premises as / could or would have II per
= sonally present with full authority to entel
. into and take full possession thereof. anC
I 10 rent and lease the same to such person
. or persons and on such terms. either in my
name or in his name as to II shall seen
proper, to the following end and purpose
!, towit; Said Omaha Loan and Trust Com
I pany Savings bank shall apply all SUM
3 collected under and by virtue hereof: First
TO the payment OF all legal taxes and as
sessments levied upon said real estate; sec
ond, to the payment of all sums necessar!
70 keep improvements In proper condition
ment OF the interest OF the two mortgage
above described, fourth, to the payment o
tue prlnclnal debts secured by said morf
cages" The evidence tends to show tina
the assignee through an agent rented tn
p. premises to the plaintiff In the action
held, that there was evidence sufficient t
submit TO the jury the question whether o
not the assignee had taken control and pos
session OF the premises.
! 8. While the landlord, in the absence o
an agreement so to do, is not usually re
quired to keen rented premises In repair
still II he volunteers to make repairs h
! will be liable for damages sustained by IN
tenant. who without fault on his part Is IN
tured In consequence OF the negligent mar
ner In which the repairs are made.
N 1862. Clark against Foityn. Appea
Platte. Reversed and remanded. Good.
" Division No. ].
y /. In an appeal by remonstrators froI
N the decision OF a licensing board grantin
a liquor license, jurisdiction is c%onferre
upon the district court bv giving notice {
li the Intended appeal and filing, within a rel
- sonable time In said court, a transcript
~ the proceedings had upon the hearing b,
N fore the licensing board.
y, 2 That a certified transcript Of the ev
&c dence taken before a licensing board upO
a hearing on an application for liquor J
cense is not filed with the transcript of II
- proceedings of the board upon such hea
a ing Is not a ground for Diminishing the al
>" peal.