Omaha daily bee., 1911-02-14
SUPREME COURT SYLLABI

1916. Kurpgeweit against Kirby. Appeal
from Madison. Affirmed on condition
plaintiff remit $500 within thirty days.
otherwise cause reversed and remanded
Costs in supreme court taxed to plaintiff
Letton j. Rose, j., dissenting to the or
ger requiring remittitur.
l. The facts set forth in the opinion held
to show a wanton and willful trespass
upon the person of the plaintiff accom-
panied by such circumstances Of aggrava-
ton as justifies the inclusion of mental
suffering, humiliation and disgrace as
proper elements of compensatory dam
ages.
done by the defendant upon the occasion
of the commission of the principal tres
pass, which is of a different legal charac-
ter from, but not inconsistent with, the
g. Where there is a direct invasion of
personal rights under circumstances show
ing malice or a willful and wanton dis,
regard Of another's right to personal Sc
Curlty, the amount of compensatory dam
ages Is not susceptible of exact compute
ton, and must usually be left to the sound
l. Where, in such a case, considering all
the circumstances, the verdict Is for such
amount as clearly shows II is the result
OF passion or prejudice, II cannot be up
held and a remittitur will be required or
the case reversed and remanded for a new
trial.
1866 shold against Van Treek Appeal
from Dawes. Affirmed Letton, J, Faw-
cett and Rose, ]. j., not sitting.
l.
peal in this court based upon papers not
a part of the transcript and which have
been filed without leave, should not be en-
tertained.
2 When Il Is sought 20 show that an
appeal has abated by reason OF matters
happening after the appeal has been per
fected, the moving party should proceed
by way Of plea In abatement and service
of notice on the adverse party.
3. Heresay testimony, which is incompe-
tent, Is not made admissible by reason OF
the death Of the person who made the
statement thought 10 be proved.
4, Evidence examined and held to warrant
a decree in favor Of the defendants.
/ lG175. McShane against Cannon. Appeal
/ from Douglas. On motion to dismiss. Mo-
/ ton overruled. Root J.
l. II a third person, In the presence and
/ by the request Of a county Judge. signs
! that officials name 20 a certificate tn,
name thus signed is the signature OF said
judge
D II a motion TO dismiss an appeal from
/ a county court for the alleged reason tina
! the county judges signature to the certif
| cate attached 10 the transcript is no
! genuine Is Overruled by the district court
this court viii presume, In the absence o
| evidence TO the contrary, that the iudg,
| signed said certificate or authorized hi
name TO be attached thereto.
| g. Although a duly certified transcript o
the record and proceedings relative 70 IN
/ matter appealed from IS essential 70 cloth
the district court with authority TO review
an order OF a county court Distributing
the property OF a deceased person. vet
the appellees appear Ia the district cour
and move u TO enter interiocutorv orders
they should not thereafter be heard q
question the suff cheney Of the certificat
to the transcript.
T. In such d ease n The transcript con
tains a copy OF the ovder appealed fror
and the plead ngs OF the PARTIES with ~
/ spect 10 the subject matter htgated, On
mere fact that some order or materia