Omaha daily bee., 1909-06-05

the same in violation ~ law. liquors 81 the
value Of about f2Om we're seiHed, some Of
which we're In barrels and some In smaller
vessels down 20 half pint bottles. there
being ll IT such bottles. The Jury found
defendant guilty as he was charged In the
second count IN the information "excep, ss
that the uauor In the half pint bottles and
soda fountain bottles stamped Don't
Care" should be destroyed, and the re-
larger vessels should be returned to the
owner, the proof as TO all the LIQUOR kept
IN the smaller vessels being the same.
Held. that the error, N any. was without
prejudice 10 defendant and the Judgment
should be affirmed.
g. on the trial. the defense sought 10
prove, that the liquors contained In tho
barrels and larger r~eceptacles were kept
for purposes OF manufacture and not for
sale, but no evidence OF the kind was Of
fered as to the liquors in the small vessels
and hotties. Held, that. as aided by the
legal presumption contained In the statute
this wal sufficient to sustain a verdict OF
guilty.
G The criminal prosecution was insti.
tuted against r. The proof showed that
the business and stock belonged TO the
r. pharmacy company Of which r. was
the principal and majority stockholder,
president and general manager. and tina
he had charge of the business both in
buying and selling. the remainder OF the
common stock being held by his wife and
her sister. Held. that the prosecution
against him could be maintained and that
there was no fatal variance between the
allegations and the proofs.
wilkins against wilkins Appeal from
Johnson. Judgment OF district court modi-
fled and affirmed. Calkins. c. Commits
1. Where a wife brinE a suit for d.
vorce on the ground Of cruelty. and such
suit Is finally determined against her on
the merits, she cannot afterwards, in .
suit for divorce brought by her husband
charging her with desertion, plead the
facts upon which she depended to estab-
hsh the charge Of cruelty Ss an excuse for
such desertion.
2 Where a wife was the recipient Of
an income sufficient for her support and
much larger than could be derived from
the property OF the husband. and the hus-
band shortly before their separation, &C
counted. and paid to her the entire amount
Of the income derived from her property
during the existence OF the marriage rela-
ton a Judgment of the district court
granting a divorce 70 the husband for the
wife's desertion will not be reversed nor
modified because such court refuses to
allow the wife alimony.
g. An award Of the custody Of an infant
child made upon granting a divorce, where
neither parent IL shown TO be disqualified.
should be made subject TO the further
order OF the court.
T. The amount OF money 90 be allowed q
wife to nay the expenses Of defending a
suit for divorce. is largely within the dis
erection of the district court: and its action
will not be reviewed where II does not
appear that the wife has been hampered
in making her defense. or Ia financially
unable to pay expenses necessarily in
CURED.
William Krotter & Co. against Norton.
Appeal from Holt. Reversed and re-
manded. Epperson. c.
l. The service of n ummon upon a
wife at her home Is personal service, II the
copy intended for her is actually delivered
TO her husband for her. In her presence.
and at the same time is read to her by
the officer, and she understands that the
| anRNT WuaA AaA1A Co.
q An unnecessary endorsement upon a
summons. which has no tendency to mis-
lead or prejudice the defendants, will not
render the service void.
3. A court acquires Jurisdiction over a
defendant by personal service Of process.
even though she be effectively described
therein.
Hols against BurIing. Appeal from Case.
Reversed and plaintiffs action dismissed.
Calkins, C.. Commissioners department.
l. A purchaser at an administrators sale
who assumes a prior mortgage on tho land
does not thereby incur any obligations to
an heir who repudiates the sale IN the
ground that the property was the home
stead of the deceased.
2 A party who sustains no fiduciary
relation to nor privity Of estate with a
remainder man, may lawfully purchase a
mortgage which is a paramount lien upon
the property and have the same foreclosed
with the purpose of obtaining a title good
as against such remainder man.
Strong against Thurston county. Appeal
from Thurston. Affirmed. Rose, ].
/. A former county attorney who has
been deprived of his salary and office rent
for a number OF years through misman-
agement Of county affairs or misapplica-
ton of county funds, may sue the county
In the district court TO recover the amount
due him on claims allowed by the county
board, where there is no fund available for
their payment.
3 Failure Of a county attorney 10 In
stitute proceedings to abolish q fiscal sys-
TEN through which county business was
mismanaged and payment of his allowed
claims for salary delayed. does not estop
him from asserting his fright TO Judgment
for the amount due.
Exchange Bank of Wilcox against I'm
derwriters Insurance company. Appeal,
Kearney. Reversed and remahded Duff1e,
c, commissioners division.
1. In a suit on fire insurance policies
covering certain personal property, and
conditioned that a change In the title Of
the property should avoid the policy, notice
to the company Of a bill or sale made by
the insured to a bank was attempted to be
shown from the knowledge Of such bill Of
sale possessed by the agent OF the COM
pany. who at the time, was also assistant
cashier Of the bank. Held. that while
notice to an agent will generally be I'm
puted to his principal, the rule does not
amply where the agent's duty to his pFtn-
cipal is opposed to his own interest, or con-
flicts with the interest of another party,
for whom he acts. In the transaction where
knowledge II obtained.