Omaha daily bee., 1909-07-22
SUPREME COURT SYLLABI

1913. Fruit Dispatch Company against
Gilinsky. Appeal from Douglas. Affirmed.
l. BY means OF letters exchanged in due
course of mail parties may make a con-
tract in writing without inserting all OF
its terms In a single instrument, and ~
receipt describing a definite printed agree
ment and accepting its provisions may per-
form the office OF a letter in that respect.
2 A special finding of a jury that a
contract printed In the back Of a book con-
tanning a cipher code and embodying uni
form conditions of sale was executed by
an importer OF tropical fruits and a whole
sale dealer therein, held to be sustained
by the evidence in the record.
3 An agent acting within the scope of
his apparent authority, though outside OF
his authority may bind his principal by
acts affecting innocent third parties.
4. Where the Iowa statute OF frauds is
pleaded in Nebraska to defeat an Iowa con-
tract the law OF that state controls as to
such defense.
8. Subject to exceptions a general rule
applicable to sales in that a delivery to a
carrier is a delivery to the purchaser and
consignee.
g.. On a record showing that a whole
sale dealer in tropical fruits at Council
Bluffs ordered a car OF bananas from an
importer, knowing it was being shipped
northward from the seaport at New Or
leans under a bill Of lading not disclosing
a destination or consignee, the trial court
properly held that the title was transferred
in the hands OF the carrier and the ba-
nanas delivered to the purchaser as soon
as his name as consignee and the proper
ueSlllldllOn were inserted IN the Or0ef,
there being no contrary agreement and the
proof showing that the bananas at the
time compiled with the order as to quality
and condition.
1000 brunke against Gruben. Appeal
from Nuckolls. Affirmed. Root, j.; Reese,
c. J. absent and not sitting.
debted to the execution defendant who
does not resist the proceedings, and a third
person intervenes and claims the account,
the burden is upon the interviewer to es-
tablLsh his title to the fund in litigation.
q Officers are presumed to act according
to law, and where an execution was is
sued and returned 'nulla bona on the
25th, and a summons in punishment sued
out the same day, but the evidence fails to
establish whether the first named writ
was returned before the latter one was
tr5osouGeu VIII ~ presumeo INA tne sum
seQuent to said return.
lb67l. Coos against Chicago, Burlington
& Quincy Railway Company. Appeal from
Webster. Affirmed. Rose, J..
l. Where a jury is passing on Issues of
fact properly submitted by instructions
renders a verdict supported by sufficient
evidence, 1t will not be disturbed on APP
peal, unless manifestly wrong.
2. On appeal a Judgment should not be
reversed for a ruling which Is In no way
preJudicial to the rights OF appellant.
1887. The Kendall-Smit Company against
Lancaster County. Appeal from LancAs-
ter. Reversed and remanded. Rose, j.;
Fawcett, j., dissenting.
l. Where adjoining land owners place
fences and plant trees along the line be-
tween their lands in such a way as to
leave An intervening space for public
travel, and with the intention that II be
used for that purpose. and the public
enter upon and use the intervening space
as a highway and continue in such use
and enjoyment thereof for almost twenty
years, IL will be regarded as a highway
by dedication" Cassidy against Sullivan.
2. Deviations OF twenty feet from the line
or public travel to avoid mud, pools, OBJ
structions or encroachments will not neces-
sarily. prevent the establishment OF a high
way by prescription. where the roadway
has been used without interruption or sub
stantial change for more than ten years.
8. Prescriptive rights OF the pubic In a
road are not necessarily limited to the
beaten track.
1902, WILDER against Reed. Appeal from
Gage. Reversed. Barnes, ].
/. That the part OF section s6O5 of chan
ter xXXvil Of the annotated statutes, au-
thCrzing the city councils OF cities OF the
first class to appoint a second set OF as
SCISSORS which requires t4Fm to proceed on
the day following their appointment to
meet at the place designated for the meet.
ing OF the first board OF ASSESSORS, and
proceed without further notice to appraise
the damages 70 the owners of property,
condemned for park purposes, Is uncon-
stltutlonai. because II amounts TO the TAX
ing of private property for public use with
out due process Of law.
l. Proceedings for the condemnation of
property under the provisions above set
forth may be enjoined.
1905. State exrel Johston against Barton.
Original mandRmus Peremptory writ al
lowed. Root. j.; Rose dissenting.
J. The state public school for depandent
chapter =, laws of Nebraska, 1909. As
Identical with the Home for the Friend
less" and the appropriations made by the
Legislature for said school are specific APP
preparations for the support OF said Institu.
ton, whether described as the Home for
the Friendless or the state public school.