Omaha daily bee., 1909-03-21
SUPREME COURT SYLLABI

SUPREME COURT SYLLABI
1858. Moran against Chicago, Burlington
& Quincy Railroad Company. Appeal from
Grant. Affirmed. Duffie, @. Commis-
/. September "a, 1Sse, the secretary of
the Interior approved the line of survey
made by the Grand Island & Wyoming
Central Railroad company for the building
OF its road In Grant county, Nebraska, and
a map of the approved survey was, by d.
rection of the secretary, sent by the COM
missioners of the Grand Island land office
to the district land office and there filed
November 1S, 1886. Held, that under the
act Of congress of March 3, 1876, any party
entering public lands over which said sur
vey extended as a homestead or otherwise,
after such approved map was filed in the
district land office, took the land subject
to a right-of-way for the building of the
road, such right-of-way extending 100 feet
from the center Of its track on each side
thereof.
line was sent directly to the secretary Of
the interior, by the president of the rail-
road company instead of being transmitted
to him through the district land office is
immaterial.
8. "The use for agricultural purposes,
such as grazing and cultivation by adjoin-
ing land owners Of otherwise unused and
unfenced parts Of the right-of-way Of a
railroad company, is not inconsistent with
or adverse to the enjoyment of the ease
ment.n Roberts against Sioux City & Pa
cific Railway Company, 70 Neb., s.
1855. First National Bank Of Tekamah
against McClanahan.H Appeal from Burt.
No. /.
l. On the day set for hearing on a petit.
ton filed by a dgmen creditor, under
act to have the judgment debtors home-
stead ascertained and set off, the wife of
the Judgment debtor filed an answer in
debtor had deserted Rig family. and other
facts showing her entitled to claim the
homestead exemption, and also alleged that
she and her husband each owned an indi-
vidual one-half interest in the premises
levied upon and claimed the homestead ex-
emption out OF the husbands undivided in
terest, which answer was stricken from the
files upon the ground that the statute did
not require the films OF an answer and
that the homestead claims set up in the
answer were different from that contained
In the notice to the officer making the
levy. Held, to be error.
q The undivided half interest Of a hus-
band In lands owned by himself and wife
as ~co-tenants is subject to homestead ex-
emption.
{. When a husband deserts hts wife and
family, leaving them in the possession of
a homestead, the wife is entitled to the
benefit Of the same homestead exemption
that existed in her husband at the time of
his desertion.
1887. Lashnett against PraIl. Appeal.
Valley. Affirmed. Calkins, c. commits
stoners' division.
l. Where in a suit in the nature of a
creditorss bill 1t appeared that the judg-
ment creditor was Undecided to the judg-
ment defendant upon a promissory note in
an amount equal to or greater than the
amount OF the judgment, and his petition
was dismissed on the ground that being
so indebted he suffered no injustice from
the legal obsta cies which he sought to re-
move, such dismissal does not operate to
satisfy the judgment.
2 In a proceeding to remove a dormant
Judgment by motion, the judgment debtor
annot plead as a defense to such motion,
an independent cause OF action existing In
his favor against the Judgment debtor.
1859. Lewis against Mcdonald. Appeal,
Buffalo. Reversed and remanded. Epper-
son, c. Commissioners division.
l. When the Intention of an interested
quiry they are ascertained by a considera-
ton OF his conduct, and not by his declare
ttonr.7r testimony as to what his intentions
were
3 AS between two brokers, through each
Of whom negotiations for the sale Of land
were made with a prospective purchaser,
effective cause Of the sale, is entitled 70
recover the brokers' commission.
g. Plaintiff. a real estate broker, having
authority to sell defendants land, visited
the land with the purchaser, and there
after continued negotiations which were
never expressly terminated; without any
intervening agency purchaser decided 10
buy, but made an arrangement with the in
terpleader also a real estate agent, whereby
the latter with full knowledge OF plaintiffs
negotiations solicited and received au-
thOnty to sell the land, and a promise
from the owner. of a commission in case
he effected a sale, attempting at the same
time, TO procure the land for less money
, than purchaser was willing to paw. The
/ interpleader promised to divide the com
mission with the purchaser. The defendant
not knowing of plaintiffs negotiations with
the purchaser, agreed that interpleader
: should bind him by a written contract ia
, convey Held that as between the brokers
plaintiffs efforts were the effective CAUSE
Of the sale, and he is entitled TO the com.
} mission.
I 1866. State against Brandt. Prror,
Adams. Affirmed. Rose. ].
!. A saloon keeper who has been fined by
, the police court for keeping his place OF
business open after hours, or ON Sunday. ir
, violation OF an ordinance OF the city OF
Hastings. cannot appeal to the district
l court under the provisions of section 1924 OF
: the criminal code, relating to appeals from
Judsments rendered by magistrates In i'm
posing fines or imprisonment for violations
OF statutes of the state.
3 2 A party to a suit win not ordinarily be
r permitted to attack the constitutionality OF
a statute in a case where his rights OF
interests are not invaded or affected by it'
[ provisions.
: 1851. Layton vs.. sarpy County. Appea
from sarpy. Affirmed. Reese. @. ].
l. Where a steam traction engine is IN
Jured by reason Of defects in a bridge
r county Is liable in an action to recover
therefor, plaintiff can prove the costs o.
repairs, the amount Of recovery being only
the actual cost value OF such necessary
repairs.
1857. st. vincent's Parish VS.. Murphy
) Appeal from Seward. Affirmed. Barnes
: j. Reese, G. J., dissenting.
1. When property has been acquired by
. a church organization for the purpose Of
, religious worship In accordance with tbs
doctrine and discipline OF q nartie'lar de-
!. nomination. persons claiming under sucl
denomination and not pretending In am
> way to hold adversely or 70 have any it'll,
, OF their own, except as members thereof
: may be enjoined from using such property
contrary to the determination OF the gov
I erning authorities OF such denomination.
n Where a local church or parish Is
: member o. a general Organization havfni
general rules for the government and con
duct OF all Of it's adherents, congregation
, ana officafa. the final orders No fudk