Omaha daily bee., 1908-08-16
Supreme Court syllabi

1912 Walker neaInst nurtlcss Appeal
from Red Willow Reversed oui remondcd.
Root. c. Division No. o.
l. Tho ttuI itdg, ia uot authorized to
sU.lv % ull ui exceptions more than lon
DAYS from the Adjournment ~ the term AZ
which the cause was tried. decree entered
GHi allowed in violation " the statute viii
uu gu1shyd upoi motion duly made IN THIS
court stock ag1inst L]uchbcn, q Sch. 2bL
approved and followed.
law or ,ciait,. and. Il the Intcn, is doubt,
mi. viii receive a strict construction
against those Tor whose benefit they wer,
P introduced
3. 4 contract tor the sale or real estate
provided that upon the Ncndcc failure To-
execute notes aud a mortgage and to mnke
q second cusli payment, mat the money
forfeited to the said party Of me frst
part Vcudor' Uold, that It was incumb-
ont on the vendor. upon vcndce = default.
to- declare a forfeiture to cnutle her to
1870 Everltt against Farmers. and Mer'
( chants Bank. Appeal from Buffalo. ke-
versed with directions. Epuersou, {. pI-
!. In the absence OF controlling statutes,
]roruton fer a valuable c.nsidnrntion IN
the absence OF fraud Is protected aEalnst
subsequent attachment or execution issued
! have his ass gnment rec rdcd upNn he
books OF the yolp'r5tion.
? The rue that a yrndce is. not a bona
fie purchaser tor value until he has actu-
rrrydcuhIv bound tor It's payment. cannot
bee invoked against one who has promised
to give a Consideration Tor the transfer
assul.cd, unless II appears that the trans
iiors.
$. Where a transfer OF property between
| rylsuns not RELAXED is assa.Iod as fraud
a.. at. the fact that the consideration was
paid to the gruntor's near relative upon
assignment thereof does NOS change the
rule imposing upon the arty ussaIing the
. lIinSACtl"u the burden oil proving II fraud
uI,nr.
T. A bona ndc purchaser Of the capital
stock of a corporation may sue IN equity
to Cumpe the corr grafton t. enter the as
signmpnt upon IFS books, and to issue "A
the su,riIf from selling said stock upol
am execution against the vendor, the cor
poration and sheriff being parties to tho
1854. johnson against samuelson. APP
peal from York. Affirmed. Calkins, G.
l. An unc' nd uoual order made under the
provisions OF section 249 code that a gar
ment within the meaning Of tht statues
making judgments. when dorKctel in the
Office of the clerk Of the district court.
a ! On upon tie lands OF the debtor stu
=. The venue OF an action to quiet title
to reaI estate az against the apparent lien
Of "a void Judgment is governed by the
provisions OF section 81 code, and must he
estate S situated.
8. Where q garnisher. m by a
JAtIltt OF the peace NDtCI the provisions
II section 2@ Code makes a disclosure
ocnying any ind bteduess or liability to
.h, judgment debtor, and the justice, with
out announcing any decision or any ad-
journihent of the hearing, informs the
garnisn'e that he Is excused, said justice
,her boy Loses jurisdiction " the case. ana
an order afterwaTd entered requiring the
garniSuce to pay the amount Of the iudg-
mcut into court is construcJiyely fraud
1881. Candy against Estate Of Bissell.
Appeal from fawnee. On motion for re-
hearing, former judgment modified, mo-
ton for rehearing oyorrulcd. Fawcett.
G. and Letton, J. not sitting. Division
1851. State ex rel. Harris against Han
sen. Appeal from Dodge. ON rehCaring
former opinion adhered TO-. Epperson, c.
!. In constituting an act of the legisla-
ture, the court will give 10 & the mean
guage used that The legislature mad in
mind when the act was passed.
2 Chapter lJS Of the laws Of 1907 pro-
duciye to the public health. convenience
or welfare either 70 drain. any
land which VIII be improved by drainage
or to construct, any dixie or levee to pre-
vent the overflow by water a
drainage district may be formed
the boundaries of which are = be fixed by
the county board upon the filing of a pc
tition by Interested property owners. and
providing that the county board shall fix
the boundaries with a view to promoting
the interest Of said district, II formed,
and with q view to doing Justice and
equity ia all persons" Held. that Il is
a necessary Inference from the language
used that the board shall determine the
public utility Of the proposed district, and
that it is not the imperative duty of the
board to fix the boundaries II the
reclamation and Improvement Of the dis
trict would not promote the public health,
convenience or welfare.
3. From the language used IL is apparent
that the legislature intended that the pro-
visions of the act should not be applied eX-
Ccpt that the county board should prescribe
d district which If organized and improved
would IN fact IOUu the public health.
convenience or welfare.
1. After the county board has fixed the
boundaries of a district, the reclamation
or protection of which would be Of public
utility, IL is competent for the legislature
to permit The property owners within the
proposed district TO determine by vote
whether or not they will avail themselves
OF the benefit of the act, and the provisions
permitting none but property owners 10
vote, and authorizing each owner of real
estate to cast a vote for every acre OF land
or town lot which he owns within the pro-
owners and foreign corporations owning
real estate therein TO vote upon the ques-
OF the district are not unlawful, nor does
such election call for the exercise of the
elective franchise secured 10 all electors by
section % Of the bill Of rights.
5. An act Of the legislature providing for
me organization Of a drainage district
} whenever the same will promote the pub
:; lie health. convenience or welfare, funds
for the Improvement TO be raised by special
assessment Of the property In proportion to
The benefits received, and which provides
that notice Of assessment shall be served
} on the property owner giving him the right
In appear and be heard and 70 appeal from
the order OF the assessing officers, does not
amount 70 the taking Of private property
for private use. nor for public use without
just compensation, nor Is f. the taking Of
property without due process of law.
, g. The former opinion in this case, -
Neb., -, II5 y. W. POI. adhered TO.