Omaha daily bee., 1909-07-24
Supreme Court Syllabi

gent act OF a city Of the first class and a
person in passing over II Immediately or
within less than five days thereafter and
In the absence Of c~ontributory negligence
receives q personal injury the provisions OF
section 10 Of the charter tsection no.
article l., Oh. Is, Compiled Statutes. 1901,
recurring five days notice of the dangerous
condition Of the walk to be given the city
before the accident. cannot be applied and
the city will be held liable for damages
sustained by the person injured.
) Evidence examined and Il is not found
as a matter Of law that plaintiff was guilty
OF contributory negligence.
T. There being no specific objections Of
Tered TO instructions given nor to the re-
tusal OF the trial court to give an instruc-
ton asked, and upon an examination of
the whole record. II appearing that the
case was fairly submitted to the jury and
TO prejudicial error is found to have been
committed, the judgment Of the district
court will be affirmed.
l5iS. Clesver against jenkins. Appeal
from Antelope. Reversed and action ais
missed. Reese, {. J..
L A police Judge in cities Of the second
Grass having q population of more than
hVW and less than 1900, 10 authorized bv
"a" 70 issue execution against the property
OF one who has been fined for a violation
OF city ordinances for the collection of such
Ilhe and accrued costs.
R,SA Humphrey against State. Err,r
rpm Po9gias. Affirmed. Root, j.
-. yuublheht OF conviction will not ba
set aside because OF alleged e,ror y. W
ruling defendants challenges FOR causa -
unon 1ba' Where none of said persons sat
upon me jury and 1t does not ATHENA
SiVeIy appear that they were peremntnri1v
challenged by him. Pte"p'orny
o&r re- lone trial eSuTt is vested with great dis
nen IN excluding veniremen or tales
men from a jury, and its rudngs In Ttbst
s are not subject to review uns
g. Homicide committed Vinitbbe e
degree q Ioopery is murder in the first
the act sup n sucn a case the turpitude Of
ana preineditated malice. U'a1e
missn q prosecution for the alleged COM
waive his a crime, the defendant may
~ ~ me court compels counsel over ybhaIIl.
Tog 4. rU y 10 make that statement, the err
upely appears from the record that dsfanS
Sullered some disadvantage therein
Is prims u SaC oltlzen OF the empire Of japan
ana testify in the courts OF this &c. Vs'n
hot oonceiyes that such a witness dos
oath adminIstairSodT VII not give heed to the
Mltness before he is sworn, or nSove thue
~ 'b n by, other relevant evidencc
nony OF the witness should bo tesu-
o. me trial Judge In his discretion NAV TO-
rs9tyo permit a witness to testify in aar-
1--we Lorm and his ruling will NOT no
abused. Noh was clearly
q 1t is the province of A fury IN n or,r
of NOT ~ Try inc Issue Joined by a plea
"a not guilty, and H. the evidence Of tba
state uncontradicted will support a con
Elctlon this court will not, ordinarily into.
iere win a verdict against the defendant
100 rlhs against Brown. Appeal from
lancaster. Affirmed. Barnes, J.
l. one who takes over the management
ga lhe BUSINESS OF a corporation under an
asIeement by which he has an option to
purchase a controlling interest In H.
tai stock, within q given time for a 49,
nal consideration, ana agrees 10 use his
oest enueaVors to make its business nav
W put Value into It's stock in the absence
OF fraud or mlsmanagement. is not IiahIo
able. S profit
z Evidence examined, its substanco
So" $3.50 III me opinion, and held. TO be suffl-
court. =" -e 'rla'
1878. ~Siwooganock Guaranty sav,nrs
GSFK asalhst Feltz. Appeal from Keith.
/ objections to the appraisement Of real
property under a decree of foreclosure
tHust De made prior {. the sale by a mo-
against Hamer, IS Neb. 446, "'
foreclosure sale should be con-
ilrmed, notwithstanding the order OF sale
ISSUED by the clerk of the district court
10 the sheriff or other officer dIrectiny
MIN TO execute the decree, be returned
more than sixty days from its date I"
Amoskeag Savings bank against Robbins.
q Where appraisers make no deductions
from the total appraised value of real
property In a foreclosure proceeding a
Lanure TO separately find the value Of the
interest or the owner is without prejudice
and will not invaIidate the appraIsSment
as the value of such interest would neces.
sar + i be the same as the appraised value.
from oTa Fro mitSon against Dallas. Appeal
70 Justify a reversal of the Judgment
o. the district court error must affirma-
1870. ogden against Sovereign Camp
MooGmen OF the World. Appeal from
Douglas. Affirmed. Rose, J.
l. In q suit on a certificate Issued nv n
1raternal beneficiary association q written
statement OF delinquent assessments made
OUT oy an officer of defendant and intro
ouced by plaintiff as evidence of the date
or assured's reinstatement was properiv
helo by the trial court to be without pro.
cOntredicted on rf that sq'h issue a RBS y Ssfsrd when
oral testimony. .
T. Where the evidence is insufficient IN
sustain a Judgment in favor of plaintiff
u Is not error to direct a verdict for de-
1885. wabaska Electric COMPANY aga,ns,
Inc city OF Blue Springs and the United
states Fidelity and Guaranty Companv
appeal from Gage. Reversed and Remanded.
l. Where a court having Jurisdiction Of
the subject matter OF an action, obtains
Jurisdiction OF the parties by due service Of
process or upon appeal, and after issue
joined renders Judgment upon an agree.
ment made in court, the insufficiency OF
~bASNAhSiil VI inc want OF autnOTiIy
or the attorneys making the same will, at
most, make the judgment erroneous. but
not void, and subject to collateral attack.
e. The liability Of a surety upon an APP
peal bond is not enlarged because the APP
pellate court adds to the amount of the
Judgment below. interest at the legal rate
from the date OF it's entry.
3. An agreement between the parties TO
an appeal, pending in the district court.
without the knowledge or consent OF the
surety on the appeal bond, TO the effect
that judgment be entered against the APP
pellant for a specified sum with costs,
based upon valuable considerations moving
to each Of the parties, outside OF the mat
tiers involved In the appeal, operates as a
release OF the surety on the appeal bond.
1861. Cockins against Bank of Alma. Ap-
peal from Harlan. Reversed with diTec-
lions. Root. ].
l. Service of m IN punishment
upon a debtor of a solvent attachment de-
PENDANT, Will not revoke an authority there
totore given by said defendant TO Tn
debtor to pay a part OF said debt TO q
person not a party to the attachment suit.
y And in such a case the debtor will be
justified in acting upon said instructions,
II he retains in hts hands twice the amount
Of the attaching creditors demand
g. The mere fact that a person not a party
to a pending suit employs counsel to assist
In the defense thereof will not make him
a party or priyy to such proceedings, nor