Omaha daily bee., 1908-05-13
SUPREME COURT SYLLABI.

1881 Bemis against City Of Omaha Ap-
pea from Douglas. Affirmed FsNcett, Z.
/ In an action for personal injuries
against a city by one who claims TO have
been injured by reason OF the overturning.
during a windstorm, of a billboard which
defendant city had permitted 10 be erected
and maintained close TO. or upon, the side
walk space, it is not error TO admit testi-
money tending 10 show that. at the time OF
the injury, the board was not securely
bTaced and that such condition had existed
2 Section 2 chspter IA Of the Compiled
Statutes Of Nebraska for lSQl does not re-
quire an injured person 10 include within
Of the nature and extent Of both The aeci-
dent and injury. but reference to either
with full particulars as 10 the nature and
extent thereof. satisfies the statute on that
g Evidence examined and held sufficient
20 warrant the submission 10 the jury OF
the issue as 70 whether or not the wind
storm that overturned the billboard was
an act OF God
4 Evidence examined and held sufficient
10 sustain the verdict Of the jury.
5. II is the duty Of the trial court 10 de-
eide as 10 the fact Of qualification OF a
juror challenged for cause. from a eonsid-
Grafton OF his entire examination and such
other evidence and circumstances as tend
10 throw light upon the subject. The trial
court in determining the fact Of qualifica-
tons Is not confined 70 the answers Of the
Juror alone. but may consider his appear
snee ana general oemesnor while undergo
9 and in such a case. the ruling OF
the trial court In deciding q challenge for
cause viii not be disturbed unless an abuse
OF discretion is shown.
1871. Rouse against Witte. Appeal from
Saline Affirmed. Cakins. c. Division No
l. A deed executed and acknowledge. but
without an sttesting witness. IS valid be-
tween the parties
2 Evidence examined and found insuffi-
eient TO inpesch the certificate Of scknoWl-
edgnent Of a justice Of the peace attached
20 deed Of real property.
lSfs- Pitmsn against Heumeier. Appeal
from Sioux Affirmed. Good, G. Division
No. !
I The court acquires jurisdiction over
mons regularly issaed and ii Is inlmaterial
that the officer serving the summons does
not make and file his return until after the
answer day.
> where the county Judge fails To attend
az the commencement Of any regular term
Of the county court. all cases pending In
the court and triable al such term are by
operation of Law, continued 70 the sllceeed-
ing term, and the court retains Jurisdiction
70 try such cases al the succeeding term.
-. = jseEss1.tri, ss.ssi,, r.nssrsa by a county
both parties. in eivti action not eoEniI.
able before justice Of the peace. AZ time
that Il Is regularly reached for trial a.
though irreguiar. is NOT VOID. and n no sea
sonsble Application is made 10 set Il aside
1855 Uriok against Western Trsveiers
Affirmed EpnerEon, z Division No d
! Section ez8. Cobbey's annotated sat
ufes 1873. relative 10 Mutual Accident In
Earance companies. providing that any
member shall have the right 81 any time
with the consent of such oornorstion 10
designate a new and different beDeficiary.
held 20 require the consent 0f such cor
poratiOn. Notwithstanding the bylaws of fba
company prorids that beneficiary may be
member 20 the secretary.
9 A member of q Mutual Accident In
Eurance association wrote q letter % the
association regueEting the suhstlfufton -of 4
different beneficiary; IN reply thereto the
association wrote 70 him. requesting him
70 TN out the blank on thu policy intended