Omaha daily bee., 1911-08-20

tosetber with the amount cf capital stock
owned by them. This applies also 70
liability accruing before the amendment
In an action in equity to determine
such liability OF stockholders when &C
crued before the amendment OF iSSl INC
court entered a decree against them Tor
an amount less than their statutory ma.
bility and after stating findings OF tact
stated that the stockholders are Jointly
liable for the full amount OF judgments
that had before that time been ootalneo
against the corporation. He'd, that thls
statement was merely conclusion OF law
and erroneous and that Judgment SUP.
seuuently entered FOR a greater amount
than the amended statute allows was also
isgsS Creighton against Keens Appeal
from Lancaster. Reversed and remanded.
sedgwd'k mai pI RS9S ass SSnSS risk %
/ Evidence examined and tound 70 prove
. without substantial contradiction that the
/ the plaintiff with full knowledge OF exist.
his own negligence was the ,proNln1S,te
I cause OF the injury complained OF. Inc
Judgment is therefore reversed.
from Adams Reversed and remanded.
Reese c. j. Fawcett, J., concurs in con-
/ / Whereupon a jury trial at the close
of plaintiffs evidence, the defendant
moved the court for directed Nerolct IN
his favor the motion must. for the pur-
! pose of a decision thereon, be treated as
an admission Of the truth OF all material
and relevant evidence submitted ana an
proper differences to be drawn theretrom
In an acton OF criminal conversa-
ton and for damages for the alienaton
and estrangement OF the atteetlons or a
submitted tended to prove improper con
duct and undue familiarity between the
wife and defendant the questions OF the
weight of the testimony OF the witnesses
and the Inference to be drawn from the
7 evidence are for the determination OF the
The crime Of adultery being seldom
susceptible of direct proof by eye-wit-
| ne sses, resort must be had to circumstan-
is4g7 swallow against The Eureka Mfg.
co. Appeal, Lancaster. Affirmed.
! A party to an action against whom no
| Judgment has been rendered or, whose
| rights are not affected by the judgment OF
| which he complains cannot prosecute an
appeal. Cowherd against Kitchen, 81 Neo'
1894. Mcdonald against County of
Thomas. Appeal, Thomas. Reversed and
| remanded with directions. Betton, J.
| A Judgment when revived draws interest
at the legal rate from date of its rendition.
164sS. Justius against Lincoln Traction Co
| Appeal, Lancaster. Affirmed. Root ].
| l. One who for the purpose Of qualifying
himself to serve street railway company
as a conductor is permitted to go upon Its
cars and perform such service as the con-
ductor directs, is the company's servant
notwithstanding he receives no wages from
his master. The motorman upon the car
@ II in an action in equity to secure a
new trial of an action at law 1t appears
that the plaintiffs evidence in the law ac'
ton did not establish cause for action
against the defendant, and that the court
in that action fairly submitted the contro-
versy between the parties a new trial viii
not be granted Notwithstanding the plain
tiff was prevented by accident from securing
O transcript of the record of his law sui
until too late to give this court juridictior
on appeal.
l6462. GIrard Trust company agsins
Dixon. Appeal from Logan. Reversed ant
remanded. Rose, ]. Fawcett j., dissents
Under section % of the code signed an,
delivered letters written by a purchase
Of mortgaged land to the holder of tn
, | mortgage arrest the running Of the statut
. ! of limitations against foreclosure, wher
tho letters when reasonably and properl
, / construed. contain an acknowledgment o
. | the mortgage and of the existing indebted
ness. no technical phrase or particula
form OF expression being required.