Omaha daily bee., 1909-02-21

the following we're admitted to practice:
Thomas Lynch and Charles T.. Borg.
Following are miscellaneous orders:
Nennum against Western Union Tele-
graph Company; dismissal allowed; appeal
oismissed az cost of appellant.
Tile against Troupe; motion Of appellant
for leave to file briefs and for continuance
sustained; appellant given until March 2.
1909 TO serve and file briefs; appellee given
until April 2, 1903, to serve and file answer
briefs cause continued to April 5, 1893.
Haas against Mutual Life Insurance Com
pany; stipulation allowed; cause continued
TO session commencing April 8, 1909.
Strong against Thurston County; upon
request OF appellee cause continued to ses-
sion commencing March rs, 1909.
Miller against Chicago. Burlington a
quincy Railroad Company; stipulation al
lowed; appellee given until March %. 1909.
olmstead against City of Red Cloud; stip-
ulation allowed; appellee given until March
3, 1893, to serve briefs.
foungers against Exeter Cemetery AS
soclatiOn; stipulation allowed; appellee
gwen until February 16, 1909. to serve and
Wilkinson against Lord: motion and stip-
ulation TO advance allowed; cause advanced
March 10, 1909.
TOT continuance sustained: plaintiff given
until March is, 1909, TO serve briefs; cause
continued to session commencing April is,
Meyer against Nolle: dismissal allowed
appeal dismissed at costs of appellant,
Rumery against Equitable Life Assurance
S9clety; dismissal allowed; appeal dis
missed at costs OF appellants.
Zoos against Chicago. Burlington &
Juincy Railroad Company; stipulation al
owed appellee, given until March 10. 1909.
10 serve and file briefs.
Herman against Barth; motion of appel-
lant for extension of time within which 10
ne briefs sustained; appellant allowed
shumway against State. Motion OF pIa,n-
tiff for leave to file second motion for re-
hearing allowed.
against State. Motion for re-
hearing overruled.
shumway against state. Motion Of plain
tiff for suspension Of sentence overruIed.
Subway against State. Motion Of piain-
tiff for suspension OF sentence sustained:
execution OF sentence suspended until
March 8, 1909.
Debus against Armour. Reargument or
Anderson against Carlson. Stipulation in
re briefs allowed; appellant given until
March 10, 1900, to serve and file briefs; APP
and file briefs.
Following are rulings on mlsceIlaneous
motlons:
Sarpy County against Layton. Suggestion
Of death of appellee ana motion TO revive.
II. y. Wedgwood substituted plaintiff
dpptliee.
Kinds against Gipe. Motion OF appellee
to strike bill Of exceptions sustained.
Kinds against Gipe. Motion of appellant
for leave to file briefs sustained; appellant
given thirty days to file briefs at his own
costs; cause continued to session beginning
August 8, 1903.
Stephenson against Clopine. Motion of
appellee for leave to file supplemental
briefs sustained.
Vrana against Thege. Motion of appellant
for leave to file briefs allowed; appellant
given thirty days to file briefs at her own
Carter against Roberts. Motion Of ap-
pellant for leave to file briefs allowed; APP
pellant given thirty lays to file briefs at
David Bradley & Co. against West
Brothers. Motion of appellees to quash bill
OF exceptions sustained.
Haslack against Wolf. Motion of APP
pellee to quash bill of exceptions sustained.
Haslack against Wolf. Motion of APP
pellee to advance sustained.
Hespen against Wendeln. Motion of ap-
pellee for leave to file briefs sustained.
The following opinions were filed:
State against Merchants bank. On re-
hearing, former opinion vacated, cross
appeal dismissed; judgment of district
court In favor of Kate c.. Zehrung and A.
j.. Campbell reversed and remanded, but
affirmed as to Chicago Cottage Organ COM
pany. Epperson, c.
msnded. Reese, c. ]. Rose, j., not sitting.
Luther against State. On rehearing,
former Judgment of reversal vacated and
set aside; Judgment OF district court af-
firmed. Reese. c. j.; Letton, J.. and Barnes,
j., dissenting; Rose. j.. not sitting.
Sheibley against Nelson. On motion for
r~evivor. motion sustained. Letton, J.
Davis against Chicago. Burlington &
Quincy Railroad company. Affirmed.
Calkins, c.; Root, ]. and Good, c. not sit
ting.
Wilson against Wilson. Affirmed
Caldwell against Smith. Affirmed.
Gates against Tebbetts. Reversed ana re-
manded. Duffie, @.
Kirkpatrick against Kirkpatrick. AZ
firIned with leave to defendant to apply
for modification. Duffie. C.; Dean, ]. not
David Bradley & Co. against Matley. AZ
firmed. Epperson, C.; Dean. j. not sitting.
Duval against Advance Threshing COM
pany. Reversed and remanded. Good, c.
VanBuren against Village of Elmwood.
Affirmed. Good, c.
State ex rel. Dobbey against Chicago &
Northwestern Railroad company. Reversed.
Root, ].
State ex rel. Luben against Chicago &
Northwestern Railroad company. Affirmed.
Root, ].
Mccullough against Dunn. Affirmed. Ep-
person, G.
Taylor against Austin. Affirmed. Duff1e,
C.; Root, j., not sitting.
Classy against Dye. Reversed and re-
manded Calkins, c.; Dean, j., not sitting.
Fin againt Bush. Affirmed, Good, C.
Eanger sewing Machine Ompan against
Omaha Umbrella Manufacturing Company.
Affirmed. Calkins, c.
Hellwig against Aulabaugh. Affirmed.
Rose, j.
Gufru- against Mcvicker. Affirmed,
Dean, J.
Higgins against Supreme Castle of High
land Mobiles. Affirmed. Letton, ].
Kendall against Uland. Reversed and re-
manded. Root, j.
Eastwood against Klamm. Affirmed.
Fawcett, J.
Mote against Kleen. Affirmed, Duffie, c..
Keeling against Pommer. Affirmed, Let
ton, ].
First State Bank Of Pleasant Dale
against Borchers. Affirmed. Root. J.
Buffalo against Kearney County. AZ
firmed, Fawcett, J..
labor & Doyle against Salisbury. Re-
versed with directions, Barnes, ].
Pethoud against Gage County. Affirmed.
Barnes, ].
segear against westcoss. Affirmed. Let
ton, ].
Ballard against Cerney. Reversed and
remanded. Good, c.
Rosenberg against Rohrer. Reversed and
with directions. Reese, c. J..
Freitag against Rohrer. Reversed and
remanded with directions. Reese, c. j..
Curry against Rohrer. Reversed and re-
maHded with directions. Reese, c. ].
Schissler against RoErer. Reversed and
remanded with directions. Reese, G. j.
Neylon against Rohrer. Reversed and re-
manded with directions. Reese, c. j.
Following are rulings on motions for re-
hearing:
- nq.anu a0aE,sk D.rr,oIoo